Approved Code No. 478 Registry No. 1118-17

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

SECONDARY STEEL PRODUCTS

WAREHOUSING TRADE

AS APPROVED ON JULY 10, 1934

MEMBER

WE DO OUR PART

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

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Approved Code No. 478

CODE OF FAIR COMPETITION

FOR THE

SECONDARY STEEL PRODUCTS WAREHOUS

TRADE

As Approved on July 10, 1934

ORDER

CODE OF FAIR COMPETITION FOR THE SECONDARY STEEL PR

WAREHOUSING TRADE

An application having been duly made pursuant to and 

compliance with the provisions of Title I of the National In

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

Competition for the Secondary Steel Products Warehousing 

and hearings having been duly held thereon and the annexed 

on said Code, containing findings with respect thereto, havi

made and directed to the President:

NOW, THEREFORE, on behalf of the President of the 

States, 1, Hugh S. Johnson, Administrator for Industrial R

pursuant to authority vested in ie by Executive Orders of th

dent., including Executive Order No. 6543-A, dated Decem3

1933, and otherwise; do hereby incorporate by reference said 

report and do find that said Code complies in all respects w

pertinent provisions and will promote the policy and purp

said Title of said Act; and do hereby order that said Code 

Competition be and it is hereby approved; provided, howev

the provisions of Articles IV, V and VI be and they are hereby 

for a period of twenty-five (25) days; then to become effective 

I by further Order otherwise direct, within which time cause 

shown, if any there be, why the above provisions should not 

effective; and provided further that during the above me

period of twenty-five (25) days all members of the Secondar

Products Warehousing Trade shall comply with all the ter

provisions of Articles IV, V and VI of the approved Code 

Competition for the Wholesaling or Distributing Trade.

Approval WASHINGTON, 7M0770--829-36-34 ROBERT recommended: July Division L. D.C., HOUSTON, 10, 1934. Administrator. Administrator (19) for HUGH IndusrWal S. JOHNSONReco
REPORT TO THE PRESIDENT

The PRESIDENT,

The White Houwqe.

Sm: This is a report of the hearing on the Code of Fair C

tion for the Secondary Steel Products Warehousing Tra

ducted in the Green Room of the Raleigh Hotel on April 2

The Code which is attached was presented by duly quali

authorized representatives of the Trade, complying with th

tory requirements, said to represent 90 per cent in number a

90 per cent in volume of sales of the Trade which could be 

in this Code.

THE TRADE

According to statistics furnished by members of the S

Steel Products Warehousing Trade and checked by the Div

Economic Research and Planning, there are at the pres

approximately sixty-five (65) concerns engaged in the Tra

aggregate annual sales of $3,,000,000. The rTrade employ

3,000 persons.

HOURS AND WAGES

The hour and wage provisions of this Code establish a m

40 hour work week and a minimum $15.00 weekly wage.

OTHER PROVISIONS OF THE CODE

The provisions containing definitions are inclusive and 

The administrative provisions of the Code establish a D

Code Authority which is fairly and adequately representativ

the different elements in the Trade.

The trade practices proposed are not considered in any w

tionable. They are, with the exception of one provision re

cash discounts, the same trade practice provisions as are 

in the approved Code of Fair Competition for the Wholes

DistributinD g Trade.

FINDINGS

The Deputy Administrator in his final report to me on s

having foind as herein set forth and on the basis of all the 

ings commerce vide dustry poes removal I (a) find forf Saidor this that Title of the which the Code obstructions matter: general I purpoc.e of tend is the well welfare to of National diminish to designed cooperative the by (20) free Industrial promoting the to flow action promote amount thereof, of Recovery aniOng the interstate the organizatio

policies tra Act, and and gli
21

induciingr and inaiitainiig uInited action of labor and man

under adequate govermniental sanction and suipervisionl, by e

ing unFair coiipetitive practices. by promoting the fullest 

use of the present productive capacity of industries, by a

Unl(due restri'ctioi of production (except as may be tempora

quired), by increasing the consuimption of industrial and 

tural products through increasing purchasingz power, by r

and relieving unemployment, by improving standards of lab

by otherwise rchabilitating industry.

(b) Said Tradle norially employs not more than 50,000 em

and it is not cla-SIfied by me as a major industry.

(c) The Code as approved complies in all respects with th

nent provisions of said Title of said Act, including without 

tion Subsection (a) of Section 3, Subsection (a) of Section 

Subsection (b) of Sectiwi 10 thereof; and that the applicant 

tion is a trade association truly representative of the a

Trade; and tha;t said association imposes no inequitable res

on admission to membership therein.

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

or ionopolIjtic practices.

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

press small enite-rprises and will not operate to discriminate 

them.

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

been deprived of the right to be heard prior to the approva

Code.

For these reasons, the Code has been approved.

Respectfully,

HUGH S. JOHNSON

A dminis

JULY 10, 1934.
CODE OF FAIR COMPETITION FOR THE SECON

STEEL PRODUCTS WAREHOUSING TRADE

ARTICLE I-PURPOSES

To effectuate the policies of Title I of the National In

Recovery Act, the following provisions are established as a 

Fair Competition for the Secondary Steel Products War

Trade, and shall be the standard of fair competition for suc

and be binding upon every member thereof.

ARTICLE II-DEFINITIONS

SECTION 1. The terin " the Trade ", as used herein, shall m

business of buying and of distributing and/or carrying w

stocks of secondary products of rolled, drawn, cold-finished

hammered steel products (such secondary products being 

as seconds ", " rejects ", and " excess " or " wasters ") T

shall not include a business which is principally that of dis

prime " materials.

SECTION 2. The term " member of the Trade " as used her

include any individual, partnership, association, corporation 

form of enterprise engaged in the Trade, either as an emp

on his or its own behalf,

SECTiON 3. The term "Association " as used herein shall m

National Association of Distributors of Secondary Steel P

SECTION 4. The term " Executive Comnmittee " as used her

mean the Executive Committee of the Association.

SECTION 5. The term " chapter " as used herein, shall mea

Or regional chapLter of the Associaion.

SECTION 6. The term " employee " as used herein shall m

one en(raged in the Trade in mny capacity receiving comp

for his services irrespective of the nature or method of 

cf such comiipcnslationi, except a member of the Trade.

SECTION 7. The term employer " as used herein shall m

One by who(m such employee is compensated or employed.

SEcrioN 8. The terms President ", Act "I " Admini

as used herein shall mean respectively the President of th

States, Title I of the National Industrial Recovery Act 

Administrator for Iidust trial Recovery.

ARTICLE II--ADINISTRATION shall known nois, York The SECTION Indiana, districts. be Detroit Chicago as divided 1. the For Louisiana District Chicago, District the into purpos-e shall five shall Detroit, and (5) consist consist all of (22) states districts, administering Cleveland, of of west the the state which states of of Youngstown the this of districts Missisipp

MichigaCode Wiscontha
23

The Cleveland District shall consist of the state of Ohio, 

the cities of Warren, Niles and Youngstown) and all states 

the Mississippi River and south of Illinois. Indiana. Ohio, P

vania, Maryland and Delaware.

The Young(stowi District shall consist of the cities of 

Niles and Youngstown. Ohio, and Pitsburgh, Pennsylvani

The New York District shall consist of the states of New 

New Jersey, Delaware. Maryland, Rhode Island, Connecticut

New Hampshire. Massachusetts, Vermont and the state of P

vania excepting the city of Pittsburgh.

SECTION 2. (a) A Code Authority of eight (S) members 

operate with the Administrator in the administration of th

sions of this Code is hereby established, said members of t

Authority to be elected as hereinafter provided under the 

sion of the Executive Committee. The Administrator may 

not more than three (3) members without vote to serve f

time as the Administrator may designate.

(b) There siall be one (1) member of the Code Autho

each of the five (5) districts established in Section 1 of this 

III. two (2) members elected at large. aMd one (1) memb

appointed by the Administrator representing meIbers of th

niot members of the Association.

(c) The Executive Conmittee shall nominate two (2) ca

from each of the five (5) districts established in Section 1 

Article and four (4) candidates at large.

(d) The Executive Committee shall mail ballots contain

iames of these candidates to all members of the. Trade disc

by diligent search. These ballots shall contain blank spaces i

voters may write their choices.

(e) Each voter shall cast his balot for one (1) candidate f

district and for two (2) candidates at large.

(f) Fifteen (15) (lays after these ballots have been sent 

Executive Committee shall publicly count the votes in its po

The candidate in each district and the two candidates at. large 

ing the largest number of votes, shall be declared elected.

(g) The Executiv e Committee shall certify to the Admin

the method of conducting this election and the results there

SECTIoN 3. Subject to such rules and regulations .as may b

by the Administrator, the Code Authority shall have the fo

powers and duties:

(a) To organize, elect officers, hire necessary employees, 

agents, and perform such other acts as may be necessary 

proper administration of this Code.

(b) To appoint a Trade Practice Committee, which sh

with Codes the Trade Practice Committees appointed under suc

tion ing others. to proper for Codes. (d)c) the Fair and asTo To Administrator to Trade Practices may distribution the adopt use the end such bearrying by-laws and related that trade asemployers such to associations amendments out govern the Fair rules of Trade, for any under Trade and the and of its relationships to regulations this Practices this other the activities Code Code purpose agencies for may between and and its proviof be undas sucprofopi
24

herein; provided however that nothing herein shall relieve 

Authority of its duties or responsibilities under this Code 

such trade associations and agencies shall at all times be 

and comply with the provisions hereof.

(e) To recommend to the Administrator any action or 

deemed advisable, including further fair trade practice p

to govern members of the Trade in their relations with e

or with other trades, measures for industrial planning, an

zation of employment; and including modifications of t

which shall become effective, as part hereof upon approva

Administrator after such notice and hearing as he may sp

(f) To obtain from members of the Trade such informa

reports as are required for the administration of the Code. 

tion to information required to be submitted to the Code A

members of the Trade subject to this Code shall furnish su

tical information as the Administrator may deem necessar

purposes recited in Section 3 (a) of the Act to such fed

state agencies as he may desirnate: provided that nothin

Code shall relieve any member of the Trade of any existin

tions to furnish reports to any governmental agenv. No i

report shall be disclosed to any other member of the rde 

other party except to such other governmental agencies a

directed by the Admninistrator.

SECTION 4. Nothing' contained in this Code shall cons

members of the Code Authority partners for any purpose, 

any member or members of the Code Authority be liabl

manner to any one for any act of any other member, offic

or employee of the Code Authority. Nor shall any memb

Code Authority, exercising reasonable diligence in the cond

duties hereunder, be liable, to anyone for any action or om

act under this Code, except for his own willful misfea

nonfeasance.

SECTION 5. If the Administrator shall determine that a

of the Code Authority or any agency thereof, may be 

uniust or contrary to the public interest, the Administr

require that such action be suspended to afford an opport

investigation of the merits of such action and for further c

tion by such Code Authority or agency, pending final actio

shall not be effective unless the Administrator approves 

he shall fail to disapprove after thirty days' notice. to hi

tention to proceed with such action in its original or modif

SECTION G. In order to assist in making effective the repo

the Trade and in eliminating' unfair competition, the Code 

ity shall, within two weeks after the effective date of the 

point and governmental tor)ions of findings him, member ings (3) the months, and to shall and a Trade make of committee and investigations standards be the be recommendations a made wherever Trade. studyubmitted representation a (so of part with as definitions constituted such to heof a the view maythis standards of Adminstrator, this to Code designate, satisfactory of as the each committee to and areestablishment give class be deemed and and producer, to binding of shall, upon the after staple feasib

witof Adappupsu

c
25

SECTION 7. (a) It being found necessary in order to su

administration of this Code and to maintain the standard

competition established hereunder and to effectuate the 

the Act, the Code Authority is authorized:

(1) To incur such reasonable obligations as are neces

proper for the foregoing purposes, and to meet such o

out of funds which may be raised as hereinafter prov

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

(2) To submit to the Administrator for his approval, s

such notice and opportunity to be heard as he may deem 

(1) an itemized budget of its estimated expenses for the 

purposes, and (2) an equitable basis upon which the funds 

to support such budget shall be contributed by member

Trade;

(3) After such budget and basis of contribution have 

proved by the Administrator to determine and obtain 

contribution as above set forth by all members of the T

to that end, if necessary, to institute legal proceedings th

its Own name.

(b) Each member of the Trade shall pay his or its 

contribution to the expenses of the maintenance of the Code 

ity, determined as hereinabove provided, and subject to 

regulations pertaining thereto issued by the Administrato

members of the Trade complying with the Code and contri

the expenses of its administration as hereinabove provide

duly exempted from making such contribution, shall be e

participate in the selection of members of the Code Autho

receive the benefits of any of its voluntary activities or to 

of any emblem or insignia of the National Recovery Admin

(c) The Code Authority shall neither incur nor pay an

tion in excess of the amount thereof as estimated in its 

budget, except upon approval of the Administrator: and 

quent budget shall contain any deficiency item for expen

excess oL prior budget estimates except those which the Ad

tor shall have so approved.

SECTIoN 8. (a) There is hereby created an Industrial 

Committee to be composed of three (3) persons who shall b

as follows:

(1) A representative of the employers to be appointed by 

Authority.

(2) A representative of the employees to be nominated b

representative employee organization. If no truly repr

labor organization exists the employee member of such C

may be nominated by the Labor Advisory Board of the 

Recovery Administration and appointed by the Administra

shall already appointed months provided dealing with (3)b)c) rules and be An This The with from made in impartial members Industrial paragraph complaints the and regulations date or, vacancies chairman of in Relations of (a) this and case thir of issued Committee disputes shall tohis they appointments, be Committee by Section be slected disagree, the relating filled shall Administrator. 8.by in shall by hold to theand thelabor in the have two office same re-appAdm(2) thfoam
26

SECTION 9. Each trade association directly or indirectly p

pating in the selection or activities of the Code Authorit

(1) impose no inequitable restrictions on membership, and 

mit to the Administrator true copies of its articles of ass

by-laws, regulations, ain(d any amendments when made the

t

gether with such information as to membership, organizat

activities as the Adnministrator may deem necessary to e

the purpose of the Act.

SECTION 10. In order that the Code Authority shall at 

t

be truly representative of the Trade and in other respects 

with the provisions of the Act, the Admiinistrator may pr o v

hearings as he may deem proper; and, thereafter, if he s

that the Code Authority is not truly representative or doei

any other respect comply with the provisions of the Act, ma

r

an appropriate modification in the method of selection of 

Code Authority.

ARTICLE I--HoURs 1

SECTION 1. Jax/1/u /a Hour) and Lj '/niption..-(a) No m

of the Trade shall cause or permit any employee except an 

in an executive, supervisory, technical or professional capac

receives a salary or a guaranteed minimum of thirty-five 

dollars per week or more, to work more than eight (8) hour

i

one day, or more than forty (40) hours in any seven (7) da

p

or more than six (6) days in any seven (7) (lay period, e

hereinafter specified:

(b) No watchman shall work more than nine (9) hour

one day or more than fifty-four (54) hours in any seven 

period or more than six (6) days in any seven (7) day per

(c) No outside delivery mian, maintenance man, outsid

r

service man or installation man shall work more than fo

(48) hours in any seven (7) day period or more than six 

in any seven (7) day period.

(d) An employer may work an employee in excess of t

h

specified in paragraphs (a), (b), and (c) of this Section

t

and one-third is paid for all such additional hours; provid

h

ever, that in no case shall any employee work more than e

hours per week in excess of his regular hours as specified ip

graphs (a), (b), and (c) ; and provided further that such e

hours per week overtime be limited to any twelve (12) weeki

twelve (12) months' period.

(e) The hours worked by any one employee in any one d

be consecutive with the exception of a period of not more t

(1) hour out for lunch.

SECTION 2. No employer shall knowingly permit any emp

t

workith exceeds fifteen 1 SECTION See for another paragraph ($15.00) the any 1. maximum time (a) employer 2 dollars of No which, order employee permitted ARTICLE per approving or when week employers shall totaed this V-WAGES herein. of Code. forty be inwith paid this (40) 1 that less or hours. than already any atothethper
27

(b) A part time employee or one paid on an hourly basis 

b

paid not less than forty cents (40#) per hour.

(c) This Article establishes a. minimum rate of com

which shall apply irrespective of whether an employee is 

compensated on a time rate, piece work, commission or oth

b

(d) Female employees performing substantially the same 

male employees shall have the same rate of pay as su

employees.

(e) Wages shall be paid weekly or semimonthly in lawfu

m

or by negotiable checks.

SECTION 2. No hourly, daily or full-time weekly com

for employees who are paid less than fifty dollars ($30.00) p

shall be less than such compensation existing as of June 16, 

no employee shall be paid a wage rate which will yield a 

for the shorter full-tiie week herein established than he co

h

earned for the same class of work for the longer full-ti

existing as of June 16, 1933. Wage increases established u

t

President's Reemployment Agreeient shall at least be ma

ARTICLE \7I-(GENERAL LABOR PROVISIONS 1

SECTION 1. AluwnZ ' A ,fu e UZf iei t.-No person und

een years oi age shall be employed in the Trade except in 

or office work or as a messenger.

No person under sixteen years of age shall be employe

it

Trade in any capacity.

In any State any employer shall be deemed to have comp

this provision as to age if he shall have on file a certificate o

p

duly signed by the aUthority in such State empowered to i

e

ployment or age certificates or permits showing that the 

is of the required age.

SECTION 2. No employer shall reclassify employees or 

occupations performed or engaged in any other subterfuge 

t

defeat the purposes or provisions of the Act or of this Code.

SECTION 3. Each cnployer shall post in conspicuous plac

sible to employees, full copies of the labor provisions of this 

SECTION 4. No employees shall be disnissod or demnoted br

of making a com.piaint or giving evidence with respect to a

violation of this Code.

SECTION ). Every employer shall make reasonable provi

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

hours of their employment. Standards of safety and health b

submitted by the Code Authority to the Administrator wit

t

months after the effective date of this Code.

SECTION 6. (a) Employees shall have the right to orga

bargain employers of labor, resentatives for protection. and I See the shall pragraph collectively purpose be or free 2 in of of self-organization order from the or through collective their approving aents, representatives interference, bargaining this Code. or in the in other restaint, or designation of other their concerted mutuaor own of coesr
28

(b) No employee and no one seeking employment shall be r

as a condition of employment to join any company uni

t

refrain from joining, organizing, or assisting a labor organi

his own choosing, and

(c) Employers shall comply with the maximum hours 

minimum rates of pay, and other conditions of employm

proved or prescribed by the President.

SECTION 7. No provision in this Code shall supersede any 

Federal law which imposes on employers more stringent r

ments as to age of employees, wages, hours of work, safety

h

sanitary or general working conditions, and/or insuranc

protection, than are imposed by this Code.

ARTICLE VII-TRADE PRACTICES

SECTION 1. Regular terms shall be thirty (30) days ne

half of 1% cash discount if paid within ten (10) days or t

p

month. Any deviation from these recognized terms inclu

t

permitting of customers to take unearned discounts for ca

counts for cash in excess of the foregoing shall be deemed 

u

trade practice, and is prohibited.

SECTION 2. IhacCmrate Adcrtis4ing.-No member of the T

publish advertising (whether printed, radio, display, or of 

nature), which is misleading or inaccurate in any material p

nor shall any member in any way misrepresent any goods (i

but without limitation, its use, trade-mark, grade, quality, 

origin, size, substance, character, nature, finish, material, c

preparation) or credit terms, values, policies, services, or t

or form of the business conducted.

SEcTIoi 3. FaWe Billng.-No member of the Trade sh

k

ingly withhold from or insert in any quotation or invoice 

ment that makes it inaccurate in any material particular.

SECTIoN 4. Inaccurate Labellhig.-No member of the Tr

brand or mark or pack any goods in any manner which is 

to or does deceive or mislead purchasers with respect to th

b

grade, quality, quantity, origin, size, substance, character

finish, material content, or preparation of such goods.

SECTION 5. IIawcCUate References to Comvpetitor8, etc.-

m

ber of the Trade shall publish advertising which refers ina

in any material particular to any competitors or their good

p

values, credit terms, policies, or services.

SECTION 6. Threats of Law S'uits.-No member of the Tr

publish or circulate unjustified or unwarranted threats of 

p

ceedings which tend to or have the effect of harassing co

shall or secretly rebate, allowance, special class, member SECTION intimidating be for service refund, evidence and of the whether the 7. directly purpose Secret or Trade their commission, that privilege in customers. offerf any Rebate.-No secretly the form influencing such or not make credit, extended offer threat of Failure mony any or member of unearned sale. is extend to unwarranted payment to or otherwise, all prosecute customers of to discount, or any theallowor in custTraunndt
29

SECTION 8. Bribing Employees.-No member of the Tra

give, permit to be given, or directly offer to give, anything 

for the purpose of influencing or rewarding the action of 

ployee, agent or representative of another in relation to the b

of the employer of such employee, the principal of such 

the represented party, without the knowledge of Such em

principal, or party.

Commercial bribery provisions shall not be construed to p

free and general distribution of articles commonly used fo

tising except as far as such articles are actually used for com

bribery as hereinabove defined.

SECTION 9. Int2r/cTrce wi/k An h h'K2l, Col ih.w 't.-No m

of the Trade shall attempt to induce the breach of an exist

tract between a competitor and his customer or so11)e of 

nor shall any such wholesaler interfere with or obstruct t

p

formance of such contractual duties or services.

SECTIoN 10. Coercion .- No member of the Trade shall r

that the purchase or lease. of any goods be a prerequisite to t

p

chase or lease of any other goods.

ARTICLE II i-POWER OF PRESiDENT TO MoDIFY

This Code and all the provisions thereof are expressly m

ject to the right of the President in accordance with the pr

of Subsection (b) of Section 10 of the Act, from time to t

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

issued under Title I of said Act.

ARiCsi INX-MONOPOLIES

No provision in this Code shall be so applied as to permit m

lies or imonopolistic practices or to eliminate, oppress or disc

against small enterprises.

ARTICLE X-EFFECTIVE DATE

This Code shall become effective on the second Monday 

approval.

Approved Code No. 478.

Registry No. 1118-17.

0


UNIVERSITY OF FLORIDA

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