• 

Approved Code No. 264 Registry No. 1112-02 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

FOUNDRY EQUIPMENT 

INDUSTRY 

AS APPROVED ON FEBRUARY 6, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1934 

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Approved Cod·e No. 264 

CODE OF FAIR COMPETITION 

FOR THE 

FOUNDRY EQUIPMENT INDUSTRY 

As Approved on February 6, 1934 

ORDER 

APPROVING ConE OF FAIR CoMPETITION FOR THE FouNDRY EQUIPMENT 

INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

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

Fair Competition for the Foundry Equipment Industry, and hearings having been duly held thereon and the annexed report on said 

Code, containing findings with respect thereto, having been made and 

directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the President, including Executive Order No. 6543-A, dated December 30, 

1933, and otherwise; do hereby incorporate by reference said annexed 

report and do find that said Code complies in all respects with the 

pertinent provisions and will promote the policy and purposes of 

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

Competition be and it is hereby approved, on condition that the 

words "and without expense to the Industry", in paragraph (a), 

Section I of Article VI be eliminated, and that the words " and 

members of their respective staffs", in the first and third paragraphs 

of Section I, of Article III, be eliminated. 

HuGH S. JoHNSON, 

Arl7ninistrator for Indu,strial R ecovery. 

Approval Recommended: 

w. A. HARRIMAN 

Division Administrator. 

VVASHINGTON, D.C., 

February 6, 1934. 

38566°----376-26----34 (255) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

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

Foundry Equipment Industry in the United States, the hearing 

having been conducted in Washington on November 10, 1933, in 

accordance w_ith the provisions of the National Industrial Recovery 

Act. 

PROVISION FOR HOURS AND WAGES 

Normal working time provided in this Code is 8 hours per day and 

40 hours per week, work being limited to 6 days in any 7-day period. 

However, to meet sharp peak demands difficult to handle by increasing the regular force, employees engaged in production are permitted 

to work 48 hours per week, this overtime being limited to 36 hours in 

any 3 months. Exception also is made in the case of employees on 

emergency work due to breakdowns or in protection of life or property. In the above cases time and a half is paid for time over 8 hours 

per day and 40 hours per week. 'Vatchmen and heating-plant firemen are limited to 8 hours per day and 56 hours per week. The 

hour limitation does not apply to clerical, executive, and technical 

employees earning not less than $35.00 per week nor to outside sales 

and service men while their expenses are paid by the employer. 

The minimum wage for factory employees 1s 40 cents per hour, 

women being paid the same as men on substantially the same work. 

Clerical and office employees have a minimum of $15.00 per week 

except for a limited number of office boys and girls who shall be 

paid not less than 80 percent of the $15.00 minimum. 

CHILD LABOR 

The minimum age set by this Code is 16 years; except in hazardous 

occupations on which the minimum age is set at 18 years. 

ECONOMIC EFFECT OF THE CODE 

This industry develops and buills the equipment used in fotmdries 

on the production of metal ca ting . It i one of the capital goods 

1ndu trie which ha uff red severely from the effects of the depr ssion. 'Vith foundrie throughout the countr op rating at extrem ly 

low level during four year the falling off in the demand for fonndrv equipment has been such that employment in thi industry fell 

from 1,437 in 1929 to a low of 4 0 in 1933. '"' ith a decrea e in average 

hours per we k from 49 in 1929 to 3 in 1933 pro uction being only 

12 percent of capacity in NoYember 1933. 

(256) 
257 

While under present conditions no additional employment is created by the 40-hour week, the industry anticipates that through increased foundry activity under the National Recovery Act there is a 

distinct possibility that under the Code the maximum employment 

in this industry eventually will be increased by at least 25 percent. 

This industry employs a high proportion of skilled workers and 

wages in most cases already are considerably above the 40-cent minimum set by the Code, there having been very little increase in average 

hourly rates since 1929. 

FINDINGS 

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) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including 

rmnoval of obstructions to the free flow of interstate and foreign 

commerce 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 groups, 

by inducing and maintaining united action of labor and management 

under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the fullest possible 

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, and 

by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 employees, and is not classified by me as a major industry. 

(c) The Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and 

Subsection (b) of Section 10 thereof; and that the applicant association is an industrial association truly representative of the aforesaid 

Industry; and that said association imposes no inequitable restrictions on admission to membership therein. 

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

or monopolistic 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 this Code has been approved by me, on condition 

that the words "and without expense to the industry" in paragraph 

(a) Section 1 of Article VI be eliminated. 

Respectfully, 

FEBRUARY 6, 1934. 

HuGHS. JoHNSON, 

Ad1ninistrator. 
CODE OF FAIR CO~fPETITION FOR THE F OUNDRY 

EQUIPMENT INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are submitted as a Code of 

Fair Competition for the Foundry Equipment Industry, and upon 

approval by the President shall be the standards of fair competition 

for such industry and shall be binding upon every member thereof. 

ARTICLE II- DEFINITIONS 

1. The term "Foundry Equipment Industry" as used herein 

includes the designing, manufacturing for sale, and/or selling and 

installing by the manufacturer of all types of foundry equipment 

applicable to the production of metal castings in any form, and 

such branches or subdivisions thereof as may from time to time 

be included under the provisions of this Code. 

2. The term "employee" as used herein includes anyone engaged 

in the indu try in any capacity receiving compensation for his 

services, irrespective of nature or method of payment of such compensation. 

3. The term" employer " as used herein includes anyone by whom 

any such employee is compensated and employed. 

4. The term " member of the industry ' includes anyone engaged 

in the industry as above defined, either as an employer or on his 

own behalf. 

5. The term ' member of the code ' includes any member of the 

industry who shall expressly signify assent to this code. 

6. The t erms " President", "Act ", and "Administrator" as used 

herein shall mean respectively the President of the United States, 

Title I of the National Industrial Re avery Act, and the Administrator of said Title I of said Act. 

ARTICLE III-HouRs 

1. No employee excepting clerical or office employees and those 

employed in executive, managerial, or supervisory capacities, technical employees and members of their respective staffs, who earn 

in no week less than $35.00, and outside salesmen and outside service 

men while their expenses are paid by the employer, shall be permitted to work in excess of 8 hours in any 24-hour period or 40 

hours in any week. This provision shall not apply to watchmen 

and firemen, maintaining fires for heating who may be permitted 

to work not in excess of 8 hours per day, or 56 hours per week. 

(258) 
259 

Provided further, that in ca es of peak demand which cannot be 

met by increasing the regular force of employees, any employee 

engaged in production of the products of the industry whose hours 

of work are herein otherwise limited may be permitted to work not 

to exceed 48 hours per week, with time over 40 hours per week limited 

to not more than 36 hours in any 3 months' period, provided that 

such employee be paid one and one-half (11;2) times his regular 

hourly rate of pay for all hours worked in excess of 8 hours per 

day or 40 hours per ·week. 

No clerical or office employees, excepting those employed in managerial, executive, or supervisory capacities, technical employees and 

members of their respective staffs, who earn in no week less than 

$35.00, shall be permitted to work in excess of 8 hours in any 24-hour 

period or 40 hours in any one week. 1 

2. The maximum hours fixed in the foregoing section shall not 

apply to any employee on emergency maintenance or emergency 

repair work involving breakdowns or protection of life or propertyi 

but in any such special case one and one-half ( 11/2 ) times his norma 

hourly rate shall be paid for hours worked in excess of the normal 

hours herein provided. 

3. No employee except as herein above provided shall be permitted 

to work more than six (6) days in any seven (7) day period. 

4. No employee shall work or be permitted to work for a total 

number of hours in excess of the number of hours herein limited 

for each 24-hour or 7-day period or week, whether employed by one 

or more employers. 

ARTICLE IV-WAGES 

1. No employee, except clerical or office employees, shall be paid 

at less than the rate of forty cents ( 40¢) per hour; 

Provided, however, that a person whose earning capacity is limited 

because of age or physical or mental handicap may be employed on 

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 employment 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. 

2. No clerical or office employee shall be paid at less than the rate 

of fifteen ($15.00) dollars per week, excepting office boys and girls, 

who may be paid at a rate not less than 80% of the minimum wage 

above provided; provided that no employer shall employ a number 

of such office boys and girls in any office in excess of 5% of the total 

number of his office employees, provided further, however, that any 

employer shall be permitted to employ 2 such office boys and girls 

in each office. 

3. Nothing in this Article IV shall apply to or affect any bona fide 

apprentice duly indentured under a system or course of training 

which, when completed, will make the apprentice a skilled mechanic. 

A copy of each indenture shall be filed with the Code Authority. 

1 See paragraph 2 of order approving this Code. 
260 

4. At no time shall new apprentices be admitted to apprenticeship 

in the employ of any one employer when such action will bring the 

total number of apprentices in the employ of such employer to more 

than 10 percent of the total number of skilled mechanics employed by 

such employer, any employer being entitled to employ 2 such 

apprentices. 

5. Wage rates for employees now being paid at more than the minimum rate, hereinabove provided, shall be equitably adjusted in accordance with such minimum rate; provided, however, that no such 

rate in excess of such minimum rate shall be reduced. Within sixty 

days after the effective date each employer shall report to the Administrator through the Code Authority all such readjustments made 

by him since June 16, 1933. 

6. This Article establishes a minimum rate of pay regardless of 

whether an employee is compensated on a time-rate, piecework, or 

other basis. 

7. Female employees performing substantially the same work as 

male employees shall receive the same rates of pay as male en1ployees. 

ARTICLE V-GENERAL LABOR PROv"'ISIONS 

1. No person under sixteen years of age shall be employed in the 

industry nor anyone under eighteen years of age at occupations or 

operations hazardous in nature or detrimental to health. In any 

State an employer shall be deemed to have complied with this provi ion if he shall have on file a certificate or permit duly issued by 

the authority in such State empowered to issue employment or age 

certificates or permits, showing that the employee is of the required 

age. 

2. Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be 

free from the interference, restraint, or coercion of employers of 

labor, or their agents, in the designation of such representatives or in 

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

collective bargaining or other mutual aid or protection. 

3. 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 

4. 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. Within each State this Code shall not supersede any laws of 

such State imposing more stringent requirements on employers regulating the age of emplo;vees, wages, hours of work or health fire 

or general working conditions under this Code. 

6. Employers shall not reclassify employees or duties of occupations performed by employees so as to defeat the purpose of the 

Act. 

7. Each employer shall post in conspicuous places full co pie of 

this Code. 
261 

AnTI LE VI-AnMINI TRATION 

To effectuate :further the policies o£ the Act, a Code Authority is 

hereby constituted to cooperate with the Administrator in the ad- · 

ministration o£ this Code. The Administrator shall have the power 

to disapprove any act o£ the Code Authority that in his judgment 

violates or tends to violate the National Industrial Recovery Act, 

its intent and purposes. 

1. Organization and Constitution of Code Auth01ity.-(a) The 

Code Authority shall consist o£ not more than ten and not less than 

nine voting members. Nine o£ such member shall be appointed by 

the Board o£ Directors o£ the Foundry Equipment Manufacturers 

Association, Inc., and one may be chosen by members o£ the industry, 

i£ any, who are not members of the Foundry Equipment Manufacturers Association, provided such representation is desired by such 

members o£ the industry. The Administrator in his discretion may 

appoint not to exceed three additional members without vote and 

without expense to the industry, to represent such interests as he 

may designate. 2 

(b) The Foundry Equipment Manufacturers Associations, Inc. 

agrees to (1) impose no inequitable restrictions on membership, and 

(2) submit to the Administrator true copies of its articles of association, bylaws, regulations, and any amendments when made 

thereto, together with such other information as to membership, 

organization, and activities as the Administrator may deem necessary to effectuate the purposes of the Act. 

(c) In order that the Code Authority shall at all times be truly 

representative of the industry and in other respects comply with the 

provisions of the Act, the Administrator may provide such hearings 

as he may deem proper; and thereafter, if he shall find that the Code 

Authority is not truly representative or does not in other respects 

comply with the provisions of the Act, may require an appropriate 

modification in the method of selection of the Code Authority. 

2. Pou•ers and Duties of Code Authority.-The Code Authority 

shall have the :following duties and powers to the extent permitted 

by the Act: 

(a) Joint I ndustrial Relations Boa1•d.-To create a an agency o£ 

the Code Authority, a Joint Industrial Relations Board, consi ting 

of an equal number of representatives of employers and employees, 

and an impartial chairman elected by the members of the Board, 

to investigate all matters in the Code relating to hours, wages, and 

general labor provisions and to report their findings and recommendations to the Code Authority. The designated employees' representatives shall be truly representative of the employees of the 

industry and shall be selected by such employees. 

(b) Expense.-The expenses of administering the Code shall be 

borne by m.embers of the industry. The Code Authority may :from 

time to time make such assessments on account of such expenses 

against the members of the industry as it shall deem proper and such 

assessment shall be payable as the Code Authority shall specify. 

2 See paragraph 2 of order approving this Code. 
262 

The assessments above referred to shall be apportioned among the 

members of the industry prorated to dollar volume of sales. 

(c) Specific Powers.-The Code Authority, in addition to the general powers provided herein, shall have the power to require from 

members of the industry such reports as are necessary to effectuate 

the purposes of the Code; may upon its own initiative or upon complaint of any member of the industry make investigations as to the 

function and observance of any provision of the Code; may hear all 

matters developing from such investigations and attempt to detern1ine the same; and may from time to time present to the Administrator recommendations including interpretations based on conditions in the industry which will tend to effectuate the operation of 

the provisions of the Act. 

The Code Authority shall have the power, in addition to the specific powers herein granted, to hear all matters pertaining to the provisions of the Code which may be submitted to it by any member of 

the industry and to report such matters to the Administrator and to 

exercise any other general and lawful powers which may be necessary 

to secure performance thereunder. 

(d) General Improvement Recommendations .-It shall be the 

duty of the Code Authority to submit to the Administrator from 

time to time such recommendations as in its judgment will have 

the effect of improving the Code, or of improving the results secured thereunder, any of which recommendatiOns when approved by 

the Administrator, shall have the same force and effect as other 

provisions of this Code. Every recommendation shall be made only 

after a proper canvass of the opinion of the industry. In submitting 

any recommendation to the Administrator, the aggregate number 

of members of the industry as well as the aggregate productive 

capacity favoring or opposing the recommendation shall be indicated. ·Such recommendations shall, among others, be of the following character: 

Recommendations for changes in such provisions of the Code as 

relate to hours of work, plant hours, minimum wages, and working 

conditions, as may seem desirable in the light of experience under 

the Code. 

(e) Procedure.-Any complaint made by a member of the industry concerning an alleged violation of the Code by another member 

of the industry shall be submitted to the Code Authority in writing 

and by registered mail. The complaint shall contain a complete 

statement of the facts, and shall refer specifically to that part of the 

Code which is alleged to have been violated. The Code Authority 

shall obtain such information as, in its opinion, shall be necessary 

to establish the facts. If it shall appear to a majority of the Code 

Authority that there has been a violation of the Code, a statement 

of the charges shall be sent by registered mail to the member of the 

industry alleged t.o have committed the violation. The statement of 

charges shall fix the time and place for a hearing and at this hearing 

the member of the industry charged with the violation shall be 

given an opportunity of pre enting his defense. If it is the decision 

of a majority of the Code Authority that a violation of the Code 

has been committed, it shall take uch steps as may be necessary to 

effectuate the provisions of the AC'.L 
263 

(f) General Administrat,ive Provision.-In a ldition to the information required to be submitted to the ode Authority as set 

forth in (c) of this Section and Article, there shall be furnished to 

the government agencies such statistical information as the Administrator shall deem necessary for the purpose recited in Section 

8 (a) of the National Industrial Recovery Act. 

An appeal from any action by the Code Authority affecting the 

rights of any employer or employee in the industry may be taken 

to the Administrator. 

(g) Personal Exemption of Code Authority.-Nothing contained 

in this Code shall constitute the members of this Code or o.f the Code 

Authority partners .for any purpose. 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 omission to 

act under this Co-de, except for his own willful misfeasance or 

nonfea,sance. 

ARTICLE VII-TRADE PRACTICE 

1. Cost Accownting.-Every employer shall use a co t accounting 

system which conforms to the principles of and is at least as detailed 

and complete as the uniform and standard method of cost accounting 

to be prescribed by the Code Authority and approved by the 

Administrator. 

2. Supplementary Codes.-The Code Authority shall survey the 

trade practice condition,s of the industry and var!ous allied subdivisions thereof, that tend to defeat the purposes and effectiveness of 

the Act, and may present to the Administrator supplementary Codes 

of fair trade practices, which, upon approval by the Administrator, 

shall have the same force and effect as provisions of this Code. 

3. Unfair Trade P1·actices.-The following practice,s constitute 

unfair competition and are prohibited: 

(a) Misrepresentation or False or Misleadvng Advertising.-The 

making or causing or knowingly permitting to be made or published 

and false, materially inaccurate or deceptive statement, by way of 

advertisement or otherwise, whether concerning the grade, quality, 

quantity, substance, character, nature, origin, size, :finish, or preparation of any product of the industry, or the credit terms, values, 

policie~, or services of any member of the industry, or otherwise, 

having the tendency or capacity to mislead or deceive customers or 

prosi?ecti ve customers. 

(b) Comonerciml Bribery.-Directly or indirectly to give or permit to be given, or offer to give, money or anything of value to 

agents, employees, or representatives of customers or prospective 

customers, or to agents, employees, or representatives of competitor,s' customers or prospective customers, with or without the knowledge of their employers or principals, as an inducement to influence 

their employers or principals to purcha e or contract to purchase 

from the makers of such gift or offer, or to influence such employers 

or principals to refrain from dealing or contracting to deal with competitors; provided, however, that nothing in thi. paragraph hall 

be construed to prohibit free and general distribution of articles 

commonly used for adverti.sing except o far as such articles are 

actually used for commercial bribery as herein above defined. 
264 

(c) Interference with 0 ontractual Relations.-Maliciously inducing or attempting to induce the breach of an existing oral or written 

contract between a competitor and his customer or source of supply, 

or interfering with or obstructing the performance of any such contractual duties or services. 

(d) S ecret Rebates.-The secret payment or allowance of rebates, 

refunds, commission, credits, or unearned discounts, whether in the 

form of money or otherwise, or the secret extension to certain purchasers of special services or privileges not extended to all purchasers 

on like terms and conditions. 

(e) Giving of P1'izes, Pr rni~fllns, o1· Gifts.-The offering or giving 

of prizes, premiums, or gifts in connection with the sale of products, 

or as an inducement thereto, by any scheme which involves lottery, 

misrepresentation, or fraud. 

(f) Defamation.-The defamation of competitors by falsely imputing to them dishonorable conduct, inability to perform contract , questionable credit standing, or any other false representations or 

by false disparagement of the grade or quality of their goods. 

(g) Th1·eats of Litigation.-The publishing or circularizing of 

threats for infringement of patents or trade marks or of any other 

legal proceedings not in good faith, with the tendency or effect 

of harassing competitors or intimidating their customers. 

(h) Espionage of Oompetitors.-Securing confidential information concerning the business of a competitor by a false or misleading 

statement or representation, by a false impersonation of one in 

authority, by bribery, or by any other unfair method. 

(i) Firm Biditing.-The altering of original bids on the same 

equipment unless a change in specifications or requirements of the 

buyer has been made. 

(j) Selling BeloW' Oost.-Selling or offering to sell products or 

service of the industry at a price below the seller's cost. Cost shall 

be determined in accordance with Section 1 of this Article VII. 

(k) Engineering and Service Oharges.-Furnishing patterns, engineering, or erecting service without making proper charges for 

same, as defined in Section 1 of Article VII. 

(l) Detail Shop Drawtings.-To furnish detail drawings of standard units whether manufactured by a member or purchased by him 

for resale. 

(m) Other UnfaJir Practices.-Nothing in this Code shall limit 

the effect of any adjudication by the Courts or holding by the Federal 

Trade Commission on complaint, finding, and order, that any practice or method is unfair, providing that such adjudication or holdin<Y 

is not inconsistent with any provision of the Act or of this Code. 0 

ARTICLE VIII-RIGHTS OF PRESIDENT 

This Code and all the provision thereof are expressly made subject to the right of the President, in accordance with the provisions 

of subsection (b) of Section 10 of the National Industrial Recovery 

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

license, rule, or regulation issued under Title I of said Act and 

specifically, but without limitation, to the right of the President to 
265 

cancel or modify hi a1 rroval of thi C 1e or any condition imposed by him upon hi ap roval thereof. 

AnTI 'LE IX-~fomFICATION 

This Code except a to 1 roYi ion required by the A t may be 

modified on the ba i of experience or chang s in ircum tances, 

u h modification toLe ba eel upon application to the Admini trator 

and such notice and hearing as he shall specify, to be ome effective 

on approval of the Administrator. 

AnTI LE X-~foNOPOLIEs, ETC. 

No provision of this Code shall be so applied a to permit monopolies or monopolistic practices, or to eliminate, oppres , or discriminate 

against small enterprises. 

ARTICLE XI-PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made impossible of consummation if prices of goods a11d 

services increase as rapidly as wages, it is recognized that price increases should be delayed and that, when made, the same should, 

so far as reasonably possible, be limited to a.ctual increases in the 

seller's cost. 

ARTICLE XII-EXPORT TRADE 

1. No provision of this Code relating to prices or terms of selling, 

shipping or marketing, shall apply to export trade or sales or shipment for export trade. 

2. The exceptions established by this section shall apply also to 

sales or shipments o£ materials actually used in manufacture for 

export trade. 

ARTICLE XIII-EFFECTIVE DATE 

This Code shall become effective on the eleventh day after its 

approval by the President. 

Approved Code No. 264. 

Registry No. 1112-02. 

0 


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