Approved Code No. 268 Registry No. 1203-1-03 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

SECONDARY ALUMINUM 

INDUSTRY 

AS APPROVED ON FEBRUARY 8, 1934 

WE DO OUR PART 

............. 

I A \t 0: ~= ...... - ... 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved Code No. 268 

CODE OF FAIR COMPETITION 

FOR THE 

SECONDARY ALUMINUM INDUSTRY 

As Approved on February 8, 1934 

ORDER 

APPROVING ConE OF FAIR Co:nrPETITION FOR THE SECOKDARY ALu u - NUM I~nrsTRY 

An application having been duly made pur ·uant to and in full 

compliance with the provision of Title I of the National Indu trial 

Recovery Act approved June 16 1933 for approYal of a Code of 

Fair Competition for the Qecondar. Aluminum Indu try and hearing having been duly held thereon and the anne:xe l report on 

.-aid Code containing finding with re pect thereto, having been 

made and directed to the Pre ident: 

N O,V, THEREFORE, on behalf of the Pre ident of the Unit-ed 

States, I , Hugh S. Johnson, \.dmini trator for Industrial Recovery, 

pur uant to authority vested in me by Executive Order of the 

President including Executive Order No. 6543-A lated December 

30, 1933, and otherwi e; do hereby incorporate by reference aid annexed report and do find that said Code complies in all re pects with 

the pertinent provi ions and will promote the policy and purpo e of 

aid Titl-e of said Act; and do hereby order that aid Code of Fair 

Competition be and it i hereby approYed; proYided, however~ that 

the provi ions of Article VIL uhparagraphs (a) , (b), (c) (d), 

in ofar as they prescribe a waiting period between the filing with 

the Code Authority and the ffective date of revised price lit or 

revi eel terms and condition of ale be and the. are hereby tayed 

pending my further Order either within a period of :ixty days 

from the effective date of thi Code or after the completion ·of a 

tucly of open price as ociation now being conducted by the 

National RecoYery Administration. 

H 'GGH s. J OHKSO .... ~ 

Adm,ini.st1·ator jo1· Indust1·ial Recovery. 

Approval recon1mendecl: 

IL ~I. Sil\IPSO_ ' 

Div-ision Adm&inistra.to?'. 

' VASHINGTON, D.C., 

F ebr·uary 8, 1934 . 

3 810°----3~6-33----34 (1) 
REPORT TO THE PRESIDENT 

The PRE IDEN'l', 

The White Fl ouse. 

Sm: The original Code of Fair Competition for the Secondary 

Aluminum Industry \\as submitted August 15, 1933 (revised September 28, 1933), by the Aluminum Research Institute, an unincorporated member hip society r epresenting in excess of 80% of known 

members of the Industry and volume of production. The hearing 

was conducted in conjunction with the hearing for the Aluminum 

Industry on September 28, 1933. The Code was revised during the 

recess of this hearing and is submitted in its present form for 

approval. Every per ·on who requested an appearance was properly 

heard in nccordance with statutory and regulatory requirements. 

The Industry is nationwide in character. The factories are located 

with economic relationshp to sources of aluminum crap or aluminum bearing waste for refining and remelting and subsequent sale 

of industry product . In the main the plants are located east of t he 

l\1is issippi River (St. Louis included), together with a few factories on the Pacific Coast. The Industry supplies ingots of secondary 

aluminum and aluminum alloys to the Steel Industry for use as a 

dioxidizer, to the Chemical Industry for the Non-Ferrous Foundries 

for the production of aluminum or aluminum alloy ca tings, to the 

Automotive Industry for the casting of crank cases, etc., to the 

Building Industry for decorative trim, either rolled or cast, and to 

the Household Industry for rolled or cast cooking utensils, household 

equipment, etc. 

The Industry came into being about 1910 with the increasing 

amounts of aluminum scrap that were available. Through the 

offices of the Aluminum Research Institute processes for refining of 

aluminum scrap and aluminum-bearing wa te have been developed 

so that the Industry products for many applications are substantially equivalent to virgin aluminum. The growth of the Industry 

and its relationship to virgin aluminmn is indicated in the following 

table. Based upon these figures (compiled by the Department of 

Commerce Bureau of Mines) the position of the Secondary Aluminum Industry is that the price of scrap aluminum and aluminumbearing material may one day dominate the market price for the 

virgin material, as is the case in other kindred metal indu tries. It 

is interesting to note that the Aluminum Company of America represents less than 5% activity in the Secondary Aluminum Industry. 

(2) 
3 

Year Primary Second- Percent- Year Primary Second- Percentary age ary age 

-

Tons Tons Tons Tons 193] ________________ 88, 777 30,300 ~4 1923 _____ ________ __ _ 04,350 21,300 33 1930 ___ _____ ________ 111, 517 38,600 :34 1922 __ ___ __ __ ___ __ __ 36,960 16,200 44 1929 _______________ _ 112,500 4 ,400 43 1921 ___ _____ ___ _____ 26,950 f\,900 33 1928 _______________ 105,000 47,800 46 1920 ________________ 68, 860 15,500 22 1927 _________ _______ 79,860 46,200 58 1919 ___ ___ ___ __ _____ 89, 760 18,691 20 I 926 ________________ 72,380 44.200 61 1918_. ___ ___ ________ 112,200 15,050 13 1925 __________ ____ __ 69,. 50 14,000 51 1917 ___ _____________ 99,770 16, 100 16 1924 _______ _________ 7.'i. 130 27,000 36 1916 ___ _____________ li9,410 19,300 27 

The major portion of the tonnage of secondary aluminum is proclnced in plants primarily engaged in the manufactur of se ondary 

aluminum an l it alloy . However, a very considerable portion of 

the total tonnage is produced in plants that operate prim.arily for 

the production of alloys of some other nonferrous metal base. In 

uch latt-er plants which produce a variety of alloys of different 

base employees u ·ually work inter hang ably. It i.· therefore practically impo ible to sta e the preci c nmnbcr of employees that are 

engaged in the pro luction of econdary aluminum. In the original 

Code that wa · offered by the Secondary Aluminum Industry, an 

e timate of 500 employees wa made and this figure is believed to be 

approximately correct, as of August 1, 1933 although the total num.-

ber would now exceed this figure because of the ub. tantial increa e 

in employment which has been caused by this Industry' compliance 

,,.ith the terms of the President's Reemployment Agreement with 

exceptions a approved by th N.R.A. A careful urvey, made in September, showed that the averao·e 

number of hours worked in the Secondary Aluminum Industry during the week of July 23, 1933, was 55.-:1:5 hours. At a meeting of 

the members of Aluminum Re earch Institute held on Augu t 11, 

1933, at \Vhich the first draft of a tentative Code of Fair Competition for the Secondary Aluminum Indu. try was prepared and approved, a resolution was unanimously adopted that all members 

would anticipate the Code provi ions for a 40-hour week and a 35¢ 

per hour minimum wage by putting these provisions into effect as 

of August 21, 1933. To the credit of this Industry, this was lived 

up to by the members of Aluminum Research Institute, thus making 

the e increases in wages and reductions in working hours per week 

take effect prior to the action of the N.R.A. Policy Board in approving exception to the P.R.A. The September survey further showed 

that during the week of September 10, 1933, following the labor 

readjustments of August 21st, the average hours per week worked 

in the plants of this membership, was 39.9 hours, a decrea e in average 

hours :12er week, as compare l with the average hours during the 

week of July 23 of 27.9%. 

Another survey was made in November to judge the re ·ults of the 

increa. e in wages and the decrease in working hours. To avoid 

confusion an l to eliminate gue swork, all members were asked to 

report on all factory employees, whether or not these employees were 

engaged exclusively upon the production of secondary aluminum. 

The month of June and 0 tober, before and after the voluntary 

incr ase in wages and decrea...;e in hour , were cho en for the com~ 
4 

parison. This careful survey indicated the :following: that the 

total number of this membership)s employees in October had increased by 50.52% over the total number in June; that the total 

October payroll had increased 19.60% over the total June payroll; 

that the average mini1num wage rate of October represented an 

18.37% increase over the average June minimum wage rate of 

29.57¢; and that these substantial contributions to industrial recovery 

h.ad been made in the face of a 7.28 % decrease in production in 

October as compared with June. Reports from. a repre entative 

cross section of the industry indicate there \\ere more factory em- ployees on the payrolls of the mem.bers of this Institute in October 

1933 than the average number employed during the peak year of 1929. 

The Aluminum Research Institute was organized in June 1929, 

and has actively and continuously functioned since that date. 

Among the outstanding accomplishments of the Aluminum Research 

Institute has been the formulation of a basic cost-finding procedure 

which is susceptible of expansion to meet the most intricate demands 

for the details of the costs of production and eli tribution. The 

Aluminum Research In titute has al o successfully carried to conclusion, the formulation of standard 1nethods (which are and always will be subject to improvements and exten ions) for the 

sampling and analyzing of aluminum and its alloys. Copies of 

these standards are in the hands of all A1nerican aluminum users 

who maintain their own chem.ical laboratorie , all technical colleges and all commercial chemists "ho give particular attention to 

the chemistry of metals. Copies of this book have also been furnished upon request to inquirers in practically all the principal 

countries of the world. 

ARTICLE I. PuTpose.-States the purpose of the Code. 

AnT. II. Definitions.-Accurately defines specific terms applicable 

to the Secondary Aluminum Industry as used in this Code. 

ART. III. H ours.-The maximum hours are limited to 40 hours 

per week for employees engaged in the processing of products and 

labor incident thereto except that during any six weeks in any six 

months' period employees shall be permitted to work a maximum of 

48 hours in any one week. "\¥ atchmen shall be permitted to work a 

maximum of 56 hours per week with one day off per week. Office, 

salaried, and other employees not covered above, who receive less 

than $35.00 per week, shall not be permitted to work in excess of 

40 hours in any one week except that during any six weeks in any 

six months' period such employees shall be permitted to work a maximum of 48 hours in any one week. A norm.al work day shall not 

exceed 8 hours. Employees engaged in an executive, managerial, or 

supervisory capacity, who receive more than $35.00 per week, and 

employee , other than those engaged in processing or labor operations 

directly incident thereto, are not subject to any hourly limitations. 

The maximum hours shall not apply in case of emergencies or repairs where the safety of life and health or the protection of property necessitates longer hours. 

ART. IV. W ages.-The minimum wage for employees engaged in 

the proces ing of products or in any labor incident thereto is at the 

rate of 35 cents per hour. Female employees shall be paid the same 

rate of pay as male employees for doing the same work or f or per-
5 

forming the same duties. No person employe l in clerical or office 

work shall be paid less than at the rate of $15.00 pe.r week, except 

that office boys and girls may be paid a minimum wage of 80 % of 

the established minimum for office employee . Such office boys an l 

girls shall be limited to 57{ of the total number of office employees 

in any given establishment, provided, however, that each establi .. hment is entitled to at lea t one such employee. The e tablished minimum rate of pay (Arti le IV-a) for the work performed in any 

period shall .apply irrespective of whether an employee is actually 

compensated on time rate, piecework, or other basis. Provi ion is 

also made for the employing of handicapped per on ·, \Vho shall be 

paid not less than 80% of the minimum wage scale. 

ARTICLE V. General Labo?' Provisions.-Provides that no employer 

hall employ any person under 16 years of age and that no person 

under 18 years of age shall be employed at operations or occupations 

which are hazardous in nature or dangerous to health. This article 

also sets forth the mandatory pro\rision respecting the right of 

employees to organize and bargain collectively. Thi article also 

provides for matters having to do with recla sification of employees, 

standards for safety and health, the observance of State laws, and 

po ting of complete copies of this Code so that they are accessible 

to em.ployees. 

ART. VI. Adn~_.in.ist1·ation.-Establishes a Code Authority consi ting of five ( 5) persons, four ( 4) of whom shall be selected by the 

Aluminum Research Institute and one (1) of whom shall be selected 

by the a sociate membe:L'S of said I nstitute. In addition to the five 

(5) members named abo....-e, there may be one or three representatives, without Yote, to be appointed by the Administrator to serve 

without expense to the Industry for such terms as he may specify. 

In addition to the organization of the Code Authority, the powers 

an l duties thereof are aLo outlined in this article. 

ART. VII. Marketing and Trade Practice Rules.- Sets forth fair 

trade practices for the Industry. 

ART. VIII. E xport Tracle.-No provision of this Code relating to 

prices or terms of selling, shipping, or marketing, shall apply to 

export trade or ales or shipments for export trade. 

ART. IX. Jlf odifica.tion.- This Code and all provisions thereof are 

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

with ubsection (b) of Section 10 of the Act, from til11e to time to 

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

issued under said Act. Provi ion is also made that at the election 

of the Administrator thi Code may become a supplemental Code of 

Fair Competition for the Aluminum Industry, i£ and when such a 

Code is adopted and apprm eel by the President for uch industry, 

provided that the Code Authority herein constituted shall remain 

the Code Authority for the Industry engaged in the production and 

manufacture of secon lary aluminum and its alloys. 

AnT. X. ill 01W]Jolies.-N o provision of this Code shall be so applied as to permit monopolies, or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprise . 

ART. XI. Effective Date.- This Code shall become effective two 

weeks after its approval by the President. 
The Deputy Administrator in his final report to me on said Code. 

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

I find that: 

(a) The Code will promote the policies and purposes of Title I 

of the Act, including removal of obstructions of the free flow of interstate and foreign conunerce, which tend to diminish 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 group., by inducing and maintaining united action of 

labor and management under adequate governmental sanctions and 

supervision , by eliminating unfair competitive practice, by promoting the fulle t pas ible utilization of the present productive capacity 

of industries, by avoiding undue restriction of production (except as 

may be temporarily required), by increasing the consumption of industrial and agricultural products through increasing purchasing 

power, by reducing and relieving unemployment, by improving 

standards of labor, an l otherwise rehabilitating industry. 

(b) Said industry normally employs less than 50,000 employees; 

and i not cla sified by n1e as a major industry. 

(c) The Code as revised complies in all re pects with the perti- nent provisions of Title I of the Act, including without limitation 

Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsection (b) of Section 10 thereof; and that the Aluminum Research 

Institute was and is an industri al group truly .representative of the 

in lustry; and that said association imposed and imposes no inequitable r estrictions on admission to me1nbership therein. 

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

or monopoli tic practices. 

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

small enterprises and will not operate to discriminate against them. 

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

not been deprived of the .right to be heard prior to approval of said 

Code. 

For these reasons, therefore, this code has been approved. 

Respectfully, 

FEBRUARY 8, 1934. 

Huon S. JoHNSON, 

Ad1nini8trator. 
CODE OF FAIR COMPETITION FOR THE SECONDARY 

ALUl\1INUM INDUSTRY 

ARTICLE I-P RPO ES 

To effe tuate the policies of Title I of the National Industrial 

Recovery Act, this Code is established as a Code of Fair Competition 

for the industry eng.aged in the production and manufacture of 

econdary aluminum and its alloys, and upon approval by the President., it provi ions shall be the tandard of fair competition for uch 

industry and shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

(a) The term '· Indu -try eno·aged in the production and manufacture of secondary aluminum and its alloy " or "the industry " 

as used herein includes all producers who recover metal from aluminum scrap and residue and the refining and alloying thereof. 

(b) The term ' member of the industry" include , but without 

limitation, any individual, partner hip, association corporation or 

other form of enterprise engaged in the industry either .as an employer or on his own behalf. 

(c) The t erm employee" a · used her in include an T an l all 

per ons engaged in the indu try however compen ated excepting a 

member of the indu try. 

(d) The term ' employ r ': as used herein include anyone by 

whom any such employee is ompen ated or employed. 

(e) The terms ' President ", Act ", and Admini trator ' a used 

herein mean re pectively the President of the United State , Title I 

of the National Indu trial Recovery Act and the Administrator for 

Indu trial Reco\ ery. 

(f) Poptilation for the purposes of thi · Code hall be letermined 

by reference to tho lat t Federal cen us. 

ARTICLE III-HoURs 

(a) !1-Jaximu1n hours.-:No employees hall be permitte l to work 

in exce ·s of 40 bour · in any one week or 8 hours in any 24-hour 

period, except that during any G weeks in any 6-month period, 

en1ployees shall be permitted to work a maximum of 48 hours in 

any one week, and ex ept as herein otherwise provided. vVatchmen shall be permitted to work a maximum of 56 hours per week 

with one day off per week. 

(b) Hours fm· cl rical and office mployee~ .-N o per on employed 

in clerical or office 'York ·hall be Dermitted to work in exce s of 40 

hour in any one week, except th~at during any 6 weeks in an. 6-

month period such employees hall be permitted to work a. maxi-

(7) 
8 

mum of 48 hours in any one week. A normal day shall not exceed 

8 hours. 

(c) Exceptions as to hours.-The provisions of this Article shall 

not apply to outside salesmen or to employees engaged in executive, 

supervisory, or technical capaciti s who earn not less than $35 per 

week. In case of an emergency, employees may work up to 10 hours 

in an~y one day, provided that they be paid time and one half for 

all hours in excess of 8 hours per day. The maximum hours shall 

not apply in the ca e of emergencies where the safety of life and 

health or the protection of property necessitates longer hours, provided that time and one half the regular rate be paid for all hours 

in exce s of 8 hours per day. 

(d) E1nploym . .ent by Several Em.ployers.-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 maximum permitted herein. 

AnTICLE IV-\VAGES 

(a) Min imum Wages.-No employees shall be paid in any pay 

period less than at the rate of 35¢ per hour, except as otherwise 

herein provided. 

(b) Minin1/wn vVages jo1· Clerical and Office En~ploye s.-N o person employed in clerical or office work shall be paid less than at the 

rate of $15 per week of 40 hours, except that office boys and girls 

may be paid a minimum wage of 80% of the established minimum for 

office employees. Such office boys and girls shall be limited to 5% of 

the total number of office employees in any given establishment; provided, however, that each establishment is entitled to at lea t one 

such employee. 

(c) Piecetvork Com.pe71.sa.tion-lt!inin1u1n 1Vages.-The established minimum rate of pay (Art. IV (a)) for the work performed 

in any pay period, shall apply, irrespective of whether an em.ployee 

is actually compensated on time rate, piecework, or other basis. 

(d) H anclicappecl Persons.-A person whose earning capacity is 

limited because of age or physical or mental handicap may be employed in light work at a wage 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 his en1ployment at such wages and for such hours as shall 

be stated in the certificate. Each employer shall file with the Code 

Authority a list of all such persons employed by him. Such authority shall be guided by the in tructions of the United States Department of Labor in issuing certificates to such persons. Such employees shall be paid not less than 80% of the minimum wage 

schedule. 

(e) Unless a readjustment has already been made since June 16, 

1933, equitable adjustments shall be made of the wages of empl?yees 

now recei_ving mor.e than the minimum wage ~s here~n pro:n~ed. 

Such equitable adJustments shall mean that differentials existing 

prior to the formation of this Code shall be maintained for all employees. Within thirty days each member shall r eport to the Administrator through the Code Authority all such readjustments. 
• 

9 

ARTICLE V-GENERAL LABOR PROVISIONS 

(a) Child L abo1'.- No person under sixt en (16) years of age shall 

be employed in the industry. No p r ·on under eighteen (18) years 

of age shall be employed at operation or occupation which are 

h azardous in natur or dangerou · to h alth. The Code Authority 

shall submit to the Administrator for approval before May 1, 1934, 

a li t of such operations or occupations. In any State an employer 

shall be deemed to have compli c1 with thi provi ion as to age if 

he shall have on file a certificate or permit duly igne l by the Authority in such State empowered to is ue employment or age certificates 

or permits howing that the employee is of the required age. 

(b) Provisions frmn the A ct.-In compliance with Section 7 (a) 

of the Act it is provided: 

(1) That employ s shall haYe he right to oro·anize and bargain 

colle tively through representatiYes of their own choo ·ing, and shall 

be free from the interference, re traint, or coer ·ion of employers of 

labor, or their agent , in the de ignation of su h repre entatives or 

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

of collective bargaining or oth er mutual .aiel or protection. (2) That no employe and no one ·eeking employment shall be 

required as a condition of employment to join any company union or 

to refrain from joining, organizing, or a sisting a labor organization of his O\Vll choo ing, and 

(3) That employ r shall comply with the maximum hours of 

labor, minimum rates of pay, and other con litions of employment 

approved or pre cribed by the Pre ·ident. 

(c) Reclassification of Em,p7oy es.- No employer hall recla · ify 

emplo} ee or dutie of oc upation performed or engage in any 

oth-er subterfuge for the purpose of defeating the purpo es or proYi ions of the Act or of this Code. 

(d) 1 ta.ndards for Safety and Health.- Every employer shall 

make reasonable provision for the afety and health of his employees 

at the place and during the hours of their employment. Standards 

for safety and health hall be submitted by the Code Authority to 

the Administrator for approyal within six months after the effective 

date of this Code. 

(e) tate Laws.- N o proYision in this Code shall supersede any 

State or Federal law which impo es on employers more stringent 

requirements as to age of employee , wage , hours of work, or as 

to safety, health, sanitary, or general working conditions, or insuran e, or fire protection, than are impo ed by this Code. 

(f) Posting.- All emplo3 ers hall post complete copie of this 

Code in conspicuous places accessible to employee . 

ARTICLE VI-ORaA_-rz.-\.TION PowERS, AND DuTIES oF CoDE AuTHORITY 

(a) There shall forthwith be constituted a Code Authority consisting of five (5) persons, four (4) of whon1 shall be selected by 

the Aluminum Research Institute and one of whom shall be selected by the As ociate members of said In titute. 

(b) In addition to the membership as above provided there may 

be a representative or representatives without vote but in no case to 
10 

exceed three (3) appointed by the Administrator to serve without 

expense to the industry for such terms as he may specify, to act as his 

representative or representatives or as a representative or representatives of such intere ted groups as he may specify. 

(c) 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 Articles of Association, 

By-Laws, regulations, and any amendments when made thereto, together with such other information a· to membership, organization , 

and activities as the Administrator may deem necessary to effectuate 

the purposes of the Act. · 

(d) In order that the Code Authority shall at all tim s be truly 

representative of the indu try and in other respects comply with 

the provision · of the Act, the A lministrator may pre cribe such 

hearing 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 provi ions of the Act, may require an appropriate modification in the method of selection of the Code 

Authority. 

(e) :Members of the industry shall be entitled to participate in 

and share the benefits of the activities of the Code Authority and to 

participate in the selection of the members thereof by accepting their 

rea enable share of the cost of its preparation and a lministration. 

Such rea onable share of the e.xpen es of preparation and administration shall be determined by the Code Authority, subject to review 

by the Administrator on the ba ·is of volume of busine s andj or such 

other facts as may be deemed equitable. 

(f) Nothing contained in this Code shall constitute the member 

of the Code Authority partners for 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 hereunder, 

be liable to anyone for any action or omi ·sion to act under this Code, 

except for his own willful misfeasance or nonfeasance. 

(g) The Code Authority shall have the following further powers 

and duties, the exercise of which shall be reported to the Administrator and shall be subject to his right on review to disapprove any 

action taken by the Code Authority. (1) To insure the execution of the provisions of this Code and 

provide for the compliance of the industry with the provisions of 

the Act. (2) To adopt By-Laws and rules and regulations for its procedure and for the administration and enforcement of th3 Code. 

(3) To approve recommendations for exceptions to the marketing 

provisions of this Code. (4) 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 1nem.bers of such jnformatin and 

reports as the Administrator may deem necessary for the purposes 

recited in Section 3 (a ) of the Act, which information and reports 
11 

shall be submitted by member to such Administrative and/or gov- ernment agencies a· th Admini trator may de 'ignate · provide 1 that 

nothing in thi Cole . hall relieve any member of the indu tr of any 

exi ting obligation · to furnish reports to any go,ermnent a~Yency . 

No individual reports ·hall b li closed to any ther member of the 

indu tr or any other party except to such governmental agencies 

a may be directed b the Admini trator. 

( 5) To use uch trade a ociation and other agencie as it deems 

proper for th arrying out of any of it activities proYided for 

herein provided that nothing herein hall relieve the Code Au- thority of its dutie or respon ibilities under this Code and that 

uch trade a sociations and agencie hall at all times b ·ubject to 

an l comply with th e provisions hereof. 

( 6) To make r comm ndations to the Admini trator for the co- ordination of th aclmini tration of thi Cde with uch other codes, 

if uny, as may be r lated to the industry. 

(7) To secure from members of the industry an equitable and 

proporti nate payment of the reasonable ('Xpen e.· of maintaining the 

Code Authority and its activities. 

(8) To recomm ncl to the Administrator further fair trade prac- tice proYif'ion t go,Te rn members of the indu try in their relations 

'Yith each other o1· with other industries and to reconunend to the 

Admini h·ator m a ures for indu trial planning including tabiliza- tion of employment. 

ARTICLE VII-.l\1ARKETL To AXD TRADE PRA TI 'E R LE 

(a) Each member of the indt try hall file with the Code Authority the price at which he is offering his products for ale, which 

prices . hall not be les than his current cost as letermined by a uni· 

form y tem of cost accounting as provided for in ection (k) of 

thi Article, provided that any member of the indu try may file 

below his current cost o determined in order to meet the competition of any other member of the indu try who has filed price in 

accordance with thi .... ection. 

(b) In determining current cost, the cost of raw material · u ed 

in the n1anufucturecl product shall be computed on the ba i of the 

publi hed market price as published in an} daily trade paper thereof 

prevailing as of the date of ale. 

(c) ..... ny member of the indu try de iring to change the price or 

price. of his product hall notify the Code Authority of all changes 

to be made three ( 3) full busine s days previous to quoting ..,uch 

change · provided, however that if at any ti1ne the current cost of 

a member of the indu try becomes greater than his filed price or 

price~. such member hall immediately file a new price or prices 

with the Code Authority in accordance with all of the provisions 

of ection (a) of this Article, such new price or prices to become 

effective immediately. · 

( c1) Publi heel prices hall include terms of payment, quantity 

discounts, length of bookings or contracts and F.O.B. point, and 

such other provi ions a may be neces ary to fully inform the trade 

of all conditions of sale.

1 

1 See paragraph 2 of order approving thL Code. 
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(e) Terms of ale shall be fully stated and strictly adhered to and 

strictly adhered to and invoice shall show same. 

(f) There shall be no discrimination between customers. Differ- ence in price ba eel upon quantity shall not constitute discri1nination. 

(g) Prices and discounts sh all be openly and publicly announced. 

(h) A uniform sales contract shall be established and used by the 

industry, subject to the approval of the Administrator. 

(i) All conb.'acts shall be equally binding upon both parties and 

are not subject to repudiation. 

(j) The following are unfair trade practices and the violation of 

any one or more of them constitutes a violation of this Code: 

1. Selling below openly and publicly announced prices and terms 

as provided for in Sections (a) and (c) of this Article. 

2. Secret allowances or secret rebates of any kind. 

a. False dating of contracts or billings. 

4. Allowances by any name or of any nature which are not justified by the facts or are made in collusion with the buyer, for the 

purpose or effect of defeating the provisions of this Code. 

5. Storage of products in consumers' Warehouses, or sales on consignment to consumers, except under circumstances to be defined 

by the Code Authority, where peculiar circumstances of the industry 

make the practice advisable. 

6. Special ervices or privileges to certa in purchasers when not 

extended to all purchasers under like terms and conditions. 

7. Making false or misleading statements about competitors' 

product., or regarding the character, management, or financial 

standing of a competitor. 

8. Fal ·e or misleading advertising, mislabeling, or misbranding. 

9. The adoption of brands (either in design or name) which so 

closely approximate the brands or trade n1.arks of a competitor as to 

deceive or confuse a buyer by similarity of appearance or brand. 

10. Inducing or atten1.pting to induce a breach or cancellation of 

a contract between a competitor and his customer. 

11. Maliciously enticing away the employees of a competitor with 

the purpose and intent of unduly hampering, injuring, and embarrassing a competitor in his business. Nothing herein shall prevent 

any employee from offering his service to a competitor, or prevent 

any member from employing an employee of another member where 

the initiati' e in such change of en1.ployment c01ne.s solely fron1. the 

employee. 

12. No member of the industry shall give, permit to be given, or 

directly offer 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 business of the employer of 

~uch en1.ployee, the principal of such agent or the represented pa.rty, 

without the knowledge of such employer, principal, or party. Commercial bribery provisions shall not be construed to prohibit free and 

general distribution of articles commonly used for advertising except 

so far as such articles are actually used for comn1.erc_ial bribery as 

hereinabove defined. 

13. Guaranty against decline in price. 
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14. Substitution of any grade of aluminum and its alloys superior 

in composition to that sp~cified , for the purpo e of furni hing such 

ma~rial at price lower than would otherwi e pr vail. 

15. Entering into quantity contracts with buyer without obligation on their part to take delivery of th quantitie · specified in the 

contract or on the quotation for the purpose of giYing ·pecial unwarranted prices. 

16. Payment of brokerage in cxce s of the n ·ual and cu tomary 

commis ion with the purpose or effect of defeating the provisions 

of thi Cod . 

17. Failure to rep ort any t atistics or d ata r qnired by the p rovisions of this Code. 

1 . Publishing or circulating unjustifie l or unwarranted threats 

of legal proceeding· which tend to or haYe the effect of h arra ·ing 

competitors or intimidating their cu tomer . Failure to p ro ecnte 

in due cour ·e shall bo evidence that any such threa t is unwarranted 

or unjustified. 

19. Requiring that the purchase or lease of any good· be a 

p r erequi ite to t he purchase or lease of any oth er goods. 

20. Violation of any of the fa ir -pra Lee rules, r egula ti n or 

requirements of thi Code. 

(k) Cost accounting. Every member of the indu try shall u e a 

cost-accounting system \\hich conform to the p rinciples of and is 

at l a t a cletaile l and complete as th e uniform method of co ting to 

be pre ·cribed by t he Code Authority and approved by the A lmini tr ator. 

AnTICLE VIII-E xPORT TRADE 

No proYi ion of this Code relating to p rices or t erms of elling, 

shipping, or marketing, shall apply to export trade or sales or shipments for export trade of unfabricatecl products of this indu try. 

A nTICLE l X-Moor FIC.'l.TION 

(a) T his Code and all the proYisions t her eof ar e expressly made 

subj ect to the rjght of the President, in accordance with the provi ion of subsection (b) of Snction 10 of the Act, from ti1ne to 

time, to cancel or modify any order, app rm al, license, rule, or 

r egulation issued under aiel Act. 

(b) T hi Code, except as to proYisions required by the Act, may 

be modified on the ba is of experience or changes in circumstances, 

such modifications to be based upon application t o the Administrator 

and such notice and hearing as he shall specify, and to become effective on appro;;ral of the President. 

(c) At the election of the A dministr ator this Code of F air Cmnpetition may become a supplem.ent al code to, or be coordinated 

with, the Code of Fair Competition for the Aluminum Industry, 

if and when such a Code is adopted and approved by the President 

for uch industry, provided that the Code Authority herein constituted shall remain the Code Authority f or the industry engaged 

in the production and manufacture of secondary aluminum and its 

alloys. 
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II I II 111 ~11\i~l~lliiflflll~ lillfll\1\1~1\\ifllll IIIII I I 

3 1262 08582 8597 

AnTICLE X-l\1oNOPOLIES 

No provision of thi Code shall be so applied as to permit monopolies, or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE XI-EFFECTIVE DATE 

This Code shall become effective two weeks after its approval 

by the President. 

Approved Code No. 268. 

Registry No. 1203- 1-03. 

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