NATIONAL RECOVERY ADMINISTRATION 

CODE O·F FAIR C·OMPETITION 

FOR THE 

NON-l?ERROUS FOUNDRY 

INDUSTRY 

AS SUBMITTED ON AUGUST 26, 1933 

REGISTRY No. 1115-05 

The Code for the Non-Ferrous Foundry Industry 

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

industry, and none of the provisions contained therein are 

U.i. 

to be regarded as having received the approval of 

the National Recovery Administration 

l ~ 

,.., ----

as applying to this industry 

WE DO OUR PART 

, 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

I 

For sale by the Superintendent of Documents, Washington, D.C. - - • - • - • - Price 5 t'ents 

CODE OF FAIR COMPETITION AND TRADE PRACTICES 

FOR THE NON-FERROUS FOUNDRY INDUSTRY 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are established as a. code, of 

fair competition for the Non-Ferrous Foundry Industry. 

1. DEFINITION OF TERMS 

The terms used in this code are defined as follows : 

(a) The term "the Industry" means and includes the business of 

producing nonferrous castings. The industry embraces two main 

gr:oups of castings which are" Miscellaneous Non-Ferrous Castings" 

and "Specialty Non-Ferrous Castings." 

(b) The term "Non-Ferrous Castings" means castings made from 

aluminum, antimony, bismuth, cadmium, cobalt, copper, lead, 

magnesium, nickel, tin, zinc, and their alloys containing less than 

fifty per centum ( 50%) of iron, produced by any process. 

( c) The term "Miscellaneous Non-Ferrous Castings" means that 

group of nonferrous castings produced by foundries to the order 

of the buyers from the buyers' designs and specifications. 

( d) The term "Specialty Non-Ferrous Castings" means that 

group of cast nonferrous products designed and engineered by the 

foundry companies producing them, produced from patterns and/ or 

other production equipment belonging to the producer. 

( e) The term " Employer " as used herein shall include every 

person engaged in the manufacture for use or for sale of the products 

of the Industry as herein defined: Provided, however, That organizations or groups of employers representing a substantial part of any 

branch or subdivision of the Industry may be exempted by the 

Administrator from the provisions of this Code as provided for 

herein. 

(f) The term "the Association" means Non-Ferrous Foundry 

Association for I ndustrial Recovery. 

(g) The term " the Board of Directors " means the Board o-f 

Directors of the " Association." 

(h) The term "Employees" means those persons employed by 

an "employer" in the "Industry." 

2. GENERAL PROVISIONS 

(a) Any employer may participate in this code and in any revisions or additions thereto and receive the benefits thereof by 

accepting the proper pro rata share of the cost and responsibility 

of creating and administering it, either by becoming a member of 

the Association or by paying to it an amount equal to the amounts 

from time to time provided to be paid by a member in like situation of the Association. 

8183-33 (1) 
2 

(b) This Code is intended to be a Basic Code and to cover the 

entire Industry. It is understood, however, that groups of Manufacturers representing a ub tantial part of any specific product or 

process within the Industry may formulate a supplementary Code 

of Fair Competition, defining specifically its process or product 

and covering such additional regulations as it considers advisable. 

These regulations, however, shall conform to the principles of the 

Basic Code. Such codes when approved by the President of the 

United States shall have the same force and effect as the Basic Code. 

( c) It is further understood that if at any tin1.e any clearly 

identified group included under the Basic Code, wishes to function 

outside the Basic Code, it can submit a separate code defining and 

covering its specific industry. Such a code when approved by the 

President of the United States shall have the same force and effect 

as any code. 

3. GENERAL REGULATIONS 

M~rr_ibers of the Industry will comply with the following specific 

prov1s10ns : 

(a) That 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 

of collective bargaining or other mutual aid or protection. 

(b) That 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; and 

( c) That employers shall comply with the maximum hours of 

labor, minimum rates of pay, and other conditions of employment, 

approved or prescribed by the President. 

5. The employers in the industry may continue the policy under 

which the selection, retention and advancement of employees will be 

on the basis of individual merit without regard to their affiliation 

or nonaffiliation with any labor or other organization. 

5. REGULATIONS OF HOURS OF WORK 

(a) No employer shall cause or permit any employee to work in 

excess of an average of forty hours per week in any six-month period. 

(b) After the date of the emplpyment by any employer of any 

employee, such employer shall not permit such employee who shall 

also have performed work for one or more other employers, to work 

for such employer such number of hours as would result in a violation of the code had all such work been performed for such employer. 

( c) The maximum hours fixed in the foregoing paragraph (a) 

of this section shall not apply in the case of emergencies or where 

the safety of the men or the protection or preservation of the property necessitates longer hours, nor to employees who are acting 

primarily in a managerial, sales, or executive capacity, nor to technical workers, nor to emergency maintenance nor repair workers, 

nor to watchmen and employees who, by reason of old age or in-
3 

firmitie ~, are not engaged in productive labor, nor to very pecial 

cases where restrictions of hours of highly skilled workers would 

unavoidably reduce production. 

6. J\1INIMUM "'i\TAGE RATE 

Inasmuch as living conditions differ between section of the coun-- try, two minimum wage scales shall be provided as follows : 

(a) For all States of the United States except North Carolina1 

South Carolina, Georgia, Florida, Alabama, Tennessee, Arkansas, 

J\Iis issippi, Louisiana, Oklahoma, and Texas, hereinafter de ·ignated 

'North." 

The 1ninimum hourly wage in the North shall be : 

Male ________ __ ______ _____________ ____ 35 cents 1 er hour. 

Female __________ ______ ______ _________ 30 cent per hour. 

(b) The above minimum wage shall not in any way be con idered 

as a discrimination by reason of sex, and where in any case females 

do substantially the same work, or perform substantially the same 

dutie as men, they shall receive the same amonnt of "'age. as men 

receive for doing such work or performing such duties. 

(c) For North Carolina, South Carolina, Georgia, Florida, Alabama, Tennessee, Arkansas, Mississippi, Louisiana, Oklahoma, and 

Texas, hereinafter designated " South." 

The minimum hourly wage in the South shall be 30 cents per hour· 

( d) The minimum rates of pay £or workers on piece ,vo1+ or 

rontra t basi ~hall not be less than the minimum hourly rates of 

this schedule. Learners may be paid not less than 80% of such 

minimum wage but the total amount paid to such learners shall 

not exceed in any calendar month five percentum ( 5%) of the total 

wages paid to all labor of such employer. 

( e) The provisions as to minimum rates of pay p r hour hall 

not affect those employees who, by r eason of old ao·e or infirmities, 

are not engaged in productive labor, except that the hourly rates 

now paid such employees shall not be le s than that paid for that 

class of employees on July 15, 1929. 

(f) On and after the effective date. the minimum wage that shall 

be paid by any employer to all other employees except commission 

sales people, shall be not less than $15.00 per week in any city of 

over 500,000 population, or in the immediate trade area of such 

ity; nor less than $14.50 per week in any city of between 250,000 

and 500 000 population, or in the immediate trade area of uch city; 

nor less than $14.50 per week in any city of between 2,500 and 

250,000 population, or in the immediate trade area of such city; 

and in towns of less than 2,500 population, to increase all wages 

by not less than 20%, provided that this shall not require wages 

in excess of $12.00 per week. 

7. PROHIBITION OF CHILD LABOR 

On and after the effective date of this code, employers shall not. 

employ any per on un ler the age of sixteen (16) year . 
8. ADMINISTRATION 

(a) To effectuate the policies of the Act, the Board of Directors of 

the Non-Ferrous Foundry Association for Industrial Recovery, to-

_gether with such members, without vote, as may be appointed by the 

:J>resident of the United States, shall be the administrative agency 

charged with the enforcement of and shall have full power and authority to administer the provisions of this Code; it may adopt 

rules and regulations for the orderly presentation and adjustment 

-of complaints and it shall have power to require from time to time 

such reports from the industry as may be required by the Administrator and as may be necessary to adequately advise on the administration and enforcement of the provisions of this Code and to 

•enable it to furnish such information as may be required from time 

to time by the President of the United States or the National Re-

•covery Administration and, generally, shall be constituted as fhe 

agency for the purposes of carrying out the provisions and purposes of Title 1 of the National Industrial Recovery Act and the 

rules and regulations made pursuant thereto and for the formulation, 

with the approval of the President of the United States, of such 

further Code provisions as may be necessary to insure fair compeiition and effectuate the provisions of the Act. Such agency may 

delegate to such agents and employees as may be necessary to carry 

on its work, such of its powers and duties as it may from time to 

time determine. All statistical data filed shall be confidential and 

the data of one member of the industry shall not be revealed to any 

other member of the industry. The Executive Secretary or his duly 

authorized representatives not members of the industry, shall have 

.access to any and all statistical data that may be furnished, but only 

for the purpose of administering or enforcing the provisions of this 

code. 

(b) Any participant under this code may propose amendments 

thereto which, if approved by administrative agency of the subdivi-

.sion or process classification concerned, and by a majority vote of the 

Board of Directors, shall be submitted to the President of the United 

States, and if approved by him shall become effective. 

( c) Pursuant to subsection (b) of Section 10 of the National 

Industrial Recovery Act, the President of the United States may, 

from time to time, cancel or modify any order, approval, license, 

Tule, or regulation issued under Title I of said Act, and specifically 

-the President of the United States may cancel or modify his approval of the Code or any conditions imposed by him upon his .approval thereof. 

9. UNFAIR METHODS OF COMPETITION 

To accomplish the purpose contemplated by this Act, the members 

of the industry agree that the following practices are unfair methods 

of competition insofar as they relate to the production and/or sale of 

Miscellaneous Sand Castings, Permanent Mold Castings, and BlastFurnace Castings, and subject to the penalties provided ih the 

National Industrial Recovery Act: 
5 

(a) Violation of any of the provisions of this code or amendments thereto or of any of the rules and regulations establishecl 

thereunder. 

(b) To give, or permit to be given, to agents or employees or 

representatives of customers, or agents, employees, or representatives of competitors or of prospective customers, money, or anything of value, to induce them to influence their employers, or principals, to purchase or contract to pure ha e products of this Industry,. 

or to influence such employers or principals to refrain from contracting with competitors. 

( c) Undertake to do work or furnish castings on terms other 

than those set forth in the contract between the parties. 

( d) Withholding from, or inserting in any invoice, words or figures which make or tend to make such invoice a false record, wholly 

or in part, of the transaction represented on the face thereof, and 

o:f the payment or allowance of secret rebates, refunds, credits,. 

unearned discounts, whether in the form of money or otherwise; 

or the extension to certain purchasers of prices, services, or priv--

ileges not extended to all purchasers under like conditions. 

(e) Purchase from customers goods, scrap, borings, and/or services at prices higher than the market for the purpose of influencingor inducing the purchase of nonferrous castings. 

(f) Absorb all or any part of the machining cost of castings sold 

as machined castings. 

(g) Enter into quantity contracts with buyers without obligatioTu 

on their part to take delivery of the quantities specified in the contract or on the quotation, for the purpose of giving special unwarranted prices. 

(h) Accept requirements contracts without a specific minimum 

which shall not be less than 75% of the maximum and without 

specifying a time limit, except where such contracts permit of a 

price adjustment on date of release of quantities under the contract. 

(i) To defame or disparage a competitor directly or indirectly,. 

by word or acts, which untruthfully impugn his business integrity, 

his ability to keep his contracts his credit standing, .or the quality of 

his proc1ucts; or marking, branding, labelling products an l making· statement regarding products, the purpose or effect of which may be 

misleading or tend to deceive purchasers as to the quantity, quality, 

grade, or ubstance of the goods purchased. 

(j) Interfere with the bu, iness o.f a member of the Industry,. 

through the enticement .of employees from his employ. 

(k) Cancel in whole or in part or voluntarily permit the cancellation in whole or in part of any contract of sale of any product, except for a fair consideration which consideration shall include any 

expense incurred prior to acceptance of cancellation and any differ-- ence due to a decline in metal market price between date of order and 

date cancellation is requested. 

(l) Make any sale or contract of ale of any product of any description guaranteeing against a m tal market lecline. 

(m) Make any sale or contract of sale of any castino- below cost 

a · determined by a ,, y tern of easting acceptable to the ASSOCIA-- TIO . which shall arrive at total co ts: 
II I II lllll~~i~11~1!11'flll11 I1i11 II 1\1U~1~111111111 

3 1262 08856 1120 6 

(1) By using current market price for metal as on date of quotation. 

(2) 1?Y making clue allowance for loss or shrinkage of metal during 

})rocess1ng. 

(3) By including proper charges for melting, molding, core making, and cleaning, finishing, inspecting, packing, shipping, and transportation where freight is allowed. 

( 4) By including proper allowance for supervision, overhead and 

supplies, general and administrative expense, ale and advertising 

expense, and bad accounts. 

(5) By including proper charges for depreciation and for maintenance and upkeep of plant and equipment. 

( 6) No provision of this section ( m) shall be so construed as to 

hinder the development of new uses. 

(n) Guaranteeing the life or service of a nonferrous casting. 

( o) Quote a flat price per pound for a variety of castings of widely 

varying weight and/ or intricacy. 

(p) Absorb the cost of patterns, dies, permanent molds tools, 

gauges, core driers, or any pecial equipment in the casting price 

and/ or charge for uch equipment at less than its actual cost, including direct labor, full overhead, materials, and upplies. 

( q) ~Iake chemical analyses and/ or physical tests specified by the 

purchaser without making an additional charge to cover entire cost 

of such test specimens and tests. 

( r) To bill on any basis other than actual weights though quota- tions may be on estimated weights. 

10. This code shall become effective on the first Monday after it 

approval by the President of the United States. · 

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