Approved Code No. 165 Registry No. 1111-05 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

NON-FERROUS FOUNDRY 

INDUSTRY 

A 1 1 

U.i. 

AS APPROVED ON DECEMBER 18, 1933 

BY 

PRESIDENT ROOSEVELT 

,... __ _ 

:1. Executive Order 

2. Letter of Transmittal 

3. Code 

UNITED STATES 

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WASHINGTON : 1933 

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Approved Code No. 165 

CODE OF FAIR COMPETITION 

FOR THE 

NON-FERROUS FOUNDRY INDUSTRY 

As Approved on December 18, 1933 

BY 

PRESIDENT ROOSEVELT 

Executive Order 

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 my approval of a Code of 

Fair Competition for the Non-Ferrous Foundry Industry, and hearings having been held thereon and the Administrator having rendered his report containing an analysis of the said code of fair competition, together with his recommendations and findings with respect thereto, and the Administrator having found that the said code 

of fair competition complies in all respects with the pertinent provisions of title I of said act and that the requirements of clauses 

( 1) and ( 2) of subsection (a) of section 3 of the said act have 

been met: 

NOvV, THEREFORE, I, Franklin D. Roosevelt, President of the 

United States, pursuant to the authority vested in me by title I of 

the National Industrial Recovery Act, approved June 16, 1933, and 

otherwise, do adopt and approve the report, recommendations, and 

findings of the Administrator, and do order that the said code o:f 

fair competition be and it is hereby approved. 

Approval recommended: 

HUGH S. JOHNSON, 

Administ1·ator. 

THE WHITE HousE, 

December 18, 1933. 

FRANKLIN D. ROOSEVELT. 

27644 ·---- 165---- 3 (211) 
DECEMBER 8, 1933. 

The. PRESIDENT, 

The White House. 

Sm: This i a report on the Code of F air Competition proposed 

for the Non-Ferron Foundry Industry in the United States, and 

supplementary codes submitted by the Miscellaneous Sand Castings 

division, the Aluminum Permanent Mold Castings division, the Steel 

and Rolling Mill Castings division, and the Blast Furnace Castings 

division of the Industry, and on the hearing conducted thereon in 

Washington, D.C., on October 27, 1933, in accordance with the provisions of the National Industrial Recovery Act. 

RESUME OF CODE AS TO WAGES AND HOURS 

The Basic Code provides a 40-hour week for all employees, except 

those performing executive or technical work, and members of their 

staffs individually receivino- pay at the rate of at least $35.00 per 

week. Peak period employment is allowed not to exceed 48 hours 

per week for not more than 4 weeks in any 6 months' period with 

a 6-day 'leek The peculiarities of foundry production make it 

impossible on infrequent occasions to complete foundry processes 

within an exact 8-hour day, but the principle of the 8-hour day is 

recogniz d by a statement in the Code. 

:Melters engineers, and firemen may be employed not more than 

10% longer hours than other :factory employees, but the number 

shall not exceed 3% of the total number of employees. 

Repair employees may be employecl 10% longer than regular hours 

inca e of emergency. 

'' atchmen may be employed 56 hours per week. 

Child labor is prohibited, and no person under 18 years of age 

may be employed in any dangerous or hazardous occupations. 

Minimum rate of pay are 32¢ per hour in the southern eli trict 

for males and 27¢ per hour :for females ; and 40¢ per hour in the 

northern eli trict :for males and 35¢ for females, with not less than 

80% for learners (for a period of not exceeding 90 days) apprentices (for a period of not exceeding one year) and superannuated 

and maimed employees. Not more than 5% of the total number 

of employees may be included in the classifications receiving less 

than the minimum rates of pay. Equitable adju tment is provided 

for all wages above the minima. 

GE..l EllAL TATEl\IENT 

This Industry consists of e tablishments engagecl in the manufacture of aluminum, antimony, bi muth, cadmium, cobalt, copper, 

lead magne ium, nickel, tin, zinc, and alloy ca tings, with certain 

definitely stated exceptions. It con ists of approximately 1 500 

plants most of which are small units employing only a few workers. 

(212) 
213 

The Association presents the following figures: 

Invested Capital______ ---------------------- $40,000,000 Present Sales Volume ____________________________________ $ 3, 300, 000 

Production Capacity ______________________ ___ lbs. per month__ 60, 000, 000 

Production Rate at Present ______ do________ 21, 700, 000 

Present Number of Employees__________________________________ 14, 000 

Statistical information is exceedingly meagre, and has been 

gathered only by the Industry, which has compiled some basic 

figures beginning in 1928. 

These statistics indicate that in 1928 and 1929 approximately 

97% of the concerns in the Industry were operating on a schedule 

of hours greater than 40 hours per week, and that during the first 

portion of 1933 approximately 67% of the concerns were operating 

under such a schedule. Setting a maximum of 40 hours per week, 

therefore, will materially increase the number of employees. 

Pertinent figures relative to labor and wages since 1928 are as 

follows: 

Est!-

mated Average I Estimated 

Year number minimum weekly pay 

of em- weekly rol 

ployees wage 

1928. -------------------------------------- 17,000 $12.25 $450,000.00 1929 __________ ------------------------------- 18,500 12. 25 515,000.00 1st quarter 1933 _______ -------------------------------------- 12,000 9. 00 265,000.00 

July to September 1933.---------------------------------------- 14,000 11.75 334,000.00 

Estimated under code·--------------------------------------- 15,800 { I 16.00 } 398,000.00 212. 0 

1 North. 2 South. 

The present volume of business i..'l pounds production is estimated 

at 50% to 60 % of 1929, whereas the value of said business in dollars 

is only 35% to 40% of the 1929 levels. 'Vith an improvement in 

general business conditions and an increase in the business of this 

Industry to a normal of approximately 75% of 1928 to 1929 tonnages, the Industry working under the Code will employ approximately 22,000 persons and will have an average weekly pay roll of 

approximately $550,000.00, or an increase in the pay roll of about 

$7,500,000.00 per year. It is evident, therefore, that the anticipated 

business expansion will result in greater employment within this 

Industry than the 1929 peak. 

Provision is made that three representatives of the Administration, 

without vote, shall serve with the Code Authority. 

The supplementary codes submitted define certain subdivisions of 

the Industry, and outline fair trade practices for each of these subdivisions. Provision is made for the submission of additional supplements by any other subdivisions of the Industry which may wish 

to file them. 

I believe that the Code and supplements are fair to Industry, to 

Labor and to the Consumer, and in accordance with the intent and 

purpose of the National Industrial Recovery Act. 
214 

FINDINGS 

The Deputy Administrator finds that: 

(a) The Code and supplements as recommended comply in all 

respects with the pertinent provisions of Title I of the Act, including, without limitation, sub ection (a) of Section 7 and subsection 

(b) of Section 10 thereof; and that 

(b) The applicant group imposes no inequitable restrictions on 

admi ion to membership therein and is truly representative of the 

Non-Ferrous Foundry Industry; and that 

(c) The Code and supplements as recommended are not designed 

to promote monopolies or to eliminate or oppress small enterprises 

and will not operate to discriminate against them, and will tend to 

effectuate the p·olicy of Title I of the National Industrial Recovery 

Act. 

Accordingly, I hereby recommend the approval of this proposed 

Code of Fair Competition for the Non-Ferrous Foundry Industry, 

and of the Supplemental Codes for the Miscellaneous Sand Castings 

division, the Aluminum Permanent :Mold Castings division, the 

Steel and Rolling J\1ill Castings division, and the Blast Furnace 

Castings division of the Industry. 

Respectfully, 

HuGH S. JoHNSON, 

Administrator. 
CODE OF FAIR COMPETITION 

FOR THE 

NON-FERROUS FOUNDRY INDUSTRY 

To effectuate the policies of Title I of the National Industrial Re· 

covery Act, the following provisions are established as a Code of 

Fair Competition for the Non-Ferrous Foundry Industry and shall 

be binding upon every member thereof. 

ARTICLE I-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 as hereinafter defined, and such 

equipment therefor as is regularly manufactured in plants of members of the industry, and selling such castings in the United States 

except as produced and/or sold as a part of the products, including 

finished and semifinished parts thereof, of an owning or an affiliated 

company, but not sold in the open market as castings in competition 

with similar castings produced by other members of the Industry, provided, however, that such term does not include the production of 

Railroad car and locomotive journal bearings and castings, nor semifinished or finished Street Railway castings, and provided further 

that such term does not include the production of die castings and 

the production of aluminum alloy piston castings. 

The term "affiliated company " means a company whose relations 

to another company are such that either one has directly or indirectly, a 51% or more voting stock interest in the other, or that a third 

company has, directly or indirectly, a 51% or more voting stock 

interest in both. 

The industry embraces two main groups of ca tings which are 

"l\1iscellaneous Non-Ferrous Castings" and "Specialty Non-Ferrous Castings." 

(b) The term "l\iember of the Industry" includes anyone engaged in the industry as above defined, either as an employer or on 

his own behalf; Provided, however, that organizations or groups 

of members of the industry representing a substantial part of any 

branch or division of the industry may be exempted by the Administrator from the provisions of this Code as provided for herein. 

(c) The term "Non-Ferrous Castings "means castings made in the 

Industry from aluminum, antimony, bismuth, cadmium, cobalt, copper, lead, magnesium, nickel (except nickel chromium alloys containing more than 5% of chromium), tin, zinc, and their alloys containing less than fifty percentum (50%) of iron, produced by any 

process. 

(215) 
216 

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

group of non-ferrous ca tings produced in the rough or partially 

machined or finished by a member of the industry to the order of the 

buyer from the buyer's designs and specifications. (e ) The term 

"Specialty Non-Ferrous Castings" means that group or cast non-f errous products in the rough or partially machined or finis ed~ de- signed and engineered by members of the industry producing tl1em, produced from patterns and/or other production equipment belonging to the producer. (f) The term ''the A ociation" means Non-Ferrous Foundry 

Association for Industrial Recovery. (g) The term ' the Board of Directors " means the Board of 

Directors of the "Association." 

(h) The term" employee" as used herein includes anyone engaged 

in the indu try in any capacity receiving compensation for his 

services, irrespective of the nature or method of paym nt of such 

compensation. 

(i) The terms "Act", and "Admini trator ", as used herein, shall 

mean respectively Titl I of the National Industrial Recovery Act, and the Admini trator for Indu trial Recovery. (j) The term "Pre illent :' means the Pr sident of the United 

States. 

(k) Population for the purposes of this Code shall be determined 

by reference to the 1930 Federal Cen us. 

ARTICLE II-GE_ -ERAL REGULATIONS 

~I~rr:bers of the Industry will comply with the following speeific 

prOVISIOnS: 

(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 repre ·entatives or 

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

of collective bargaining or other mutual aid or protection. 

(b) That no employee and no one eeking employment hall be 

required as a condition of employment to join any company union 

or to refrain from joining, organizing, or assisting a labor organiza- tion of his own choosing; and 

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

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

approved or prescribed by the President. 

(d) :Members of the Industry shall not reclassify employees or 

duties of occupations performed by employees so as to defeat the 

purposes of the Act. 

(e) Each member of the Industry shall post in conspicuous place!...1 

easily accessible to employee , copies of Articles II, III. IV, and v 

of this Code. ' 

ARTICLE III-REGULATIONS OF HouRs OF ' VoRK 

(a) No member of the Industry shall cause or permit any employee to work in exce s of forty ( 40) hours per week, subject to 

the following exceptions : 
217 

(1) In peak periods of production employees may be employed 

not to exceed forty-eight ( 48) hours per week for a period of not 

more than four ( 4) weeks in any i:x: ( 6) months and not more than 

six ( 6) days in any one week. 

(2) Melters, engineers, and firemen, the number (in no case less 

than one) of whom employed by any member of the Industry Fhall 

not exceed 3% of the total number of its employees, may be employed not more than 10% longer hours than other factory employees. 

(3) Repair-work employees to the extent required by an emergency, may be employed not more than 10% longer hours than 

other factory employees. 

(4) \iVatchmen may be employed not more than fifty-six (56) 

hours per week. 

( 5) All executives employed primarily in directing or upervisory 

capacities or in technical work, and members of their respective 

staffs, individually receiving pay at the rate of $35.00 or more per 

week. 

( 6) Outside salesmen and outside service men. 

(7) In emergencies where the safety of the men or the protection or preservation of the property necessitates longer hours. 

(8) \Vhenever sufficient employees qualified for any type of work 

are not available to any member of the Industry in a particular 

locality such hours of labor may be increased to the extent required by such member of the Industry to perform such work, but 

compensation -for such increased hours shall be at the rate of one 

and one half times the regular hourly rates. 

(b) The Industry recognizes the desirability. of and accepts the 

principle of the eight (8) hour working day for labor and insofar 

as it reasonably can, the Industry will endeavor to employ its labor 

on that basis. 

(c) After the date of the employment by any member of the 

Industry of any employee such member shall not permit such employee who shall also have performed work for one or more other 

employers to work for such member such number of hours as would ·result in a violation of the Code had all such work been performed 

for such member. 

ARTICLE IV-MrNil\fUM WAGE RATES 

Inasmuch as living conditions differ between sections of the Country and for the purpose of providing for wage differentials the 

United States is divided into two districts hereinafter designated 

"North" and "South". The "North" comprises all that part of 

the United States except the States of North Carolina, South Carolina, Georgia, Florida, Alabama, Tenne see, Arkansas, Mississippi, 

Loui iana, Oklahoma, and Texas. The" South" comprises all of the 

above-named States. 

(a) The Ininimum rate of pay per hour which shall be paid by 

members of the Industry for male plant labor not including learners 

(for a period of not exceeding 90 clays) bona fide apprentices (identified under a year's system or course of training), superannuated 

and maimed employee in its employ in the Industry in the "North" 

27644°----~~5-163----33----2 
218 

shall not be less than 40¢ per hour, and in the " South " shall not be 

less than 32¢ per hour. 

(b) The minimum rate of pay per hour which shall be paid by 

members of the Industry for female labor in the "North " shall not 

be less than 35¢ per hour, and in the "South" not less than 27¢ 

per hour. 'Vhere women perform sub tantially the same kind and 

amount of work as men, they hall receive the same wages. 

(c) The minimum rate of pay per hour which shall be paid by 

members of the Industry for learners, bona fide apprentices, superannuated and maimed employees shall not be less than 80% of the 

minimum rate of pay as hereinbefore specified in paragraphs (a) 

and (b) of this Article. 

(d) The number of learner , bona fide apprentices, uperannuated 

and maimed employees employed by any member of the Industry 

shall not exceed 5% of the total number of its employees. Each 

employer shall file with the Code Authority within sixty days after 

the effective date and alway keep up to date a record of all bona. fide 

apprentices in his employ. 

(e) In the case of employees performing work for which they are 

paid for piecework performed, the minimum rates of pay which each 

member of the Industry shall pay for such work shall produce over 

any pay period an amount equal to the amount receivable over that 

pay period at the minimum rates of pay per hour provided in 

paragraphs (a), (b) , and (c) , of this Article. 

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

be paid by any member of the Industry to all office and clerical 

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 uch city; nor less than $14.50 per week in 

any city of between 230,000 and 500,000 population, or in the inunediate trade area of such city; nor less than $14.00 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, 

not less than $12.00 per week. Office boys and girls shall be exempt 

from the provi ions of this section, provided they a.re paid at a rate 

of not les than 80% of the above minimum wage, and provided 

further, that the number of such office boys and girls shall not exceed 

one to every ten persons employed in any office of any member of the 

industry (in no case less than one). 

(g) VVhere a State law provides a higher minimum wage than is 

provided in this Code, no person employed within that State shall 

be paid a wage below that r equired by such State law. 

(h) No member of the Industry shall reduce the rates of compensation for employment now in excess of the minimum wages 

hereby agreed to and shall make an equitable adjustment of the 

wages of employees now receiving more than the minimum wage as 

provided in this Code. Such equitable adjustment shall mean that 

differentials existing prior to the formulation of this Code shall be 

maintained for all workers. The first reports of wages required to 

be filed under this Code shall contain all wage increases made since 

May 1, 1933. 
219 

ARTICLE V-PROHIBITION OF CHILD LA"COR 

No member of the Industry shall employ any person under the age 

of sixteen (16) years; provided, howev.er, that when a State Law 

specifies a higher minimum age, no person below the age so specified 

by such law shall be employed within that State. No member of 

this Industry shall employ any person below the age of eighteen (18) 

years in any dangerous or hazardous occupation. 

ARTICLE VI-GENERAL PROVISIONS 

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

entire Industry. It is understood that Divisions consisting of Trade 

Associations, groups of Manufacturers representing a substantial 

part of any specific branch of the Industry, and/or Trade Groups, 

may formulate supplementary Codes of Fair Competition, defining. specifically their Division and covering such additional regulations 

as are considered advisable by them. 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 this Basic Code. 

(b) Articles VI, VII, and VIII of this Code shall not be applicable 

with respect to the products of the Industry sold for use outside of 

the continental United States, which shall be deemed to exclude 

Alaska and the Canal Zone . 

. (c) No provision in this Code shall be interpreted or applied in 

such manner as to1. Promote monopolies 

2. Eliminate or oppress small enterprises; or 

3. Discriminate against small enterprises. 

(d) This Code and all the provisions thereof are expressly made 

subject to the right of the President of the United States in accordance with the provisions of Section 10 (b) of the National Industrial 

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

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

and specifically to the right of the President of the United States 

to cancel or modify his approval of this Code or any condition 

imposed by him upon his approval thereof. 

(e) Such of the provisions of this Code as are not required to be 

included therein by the National Industrial Recovery Act may, with 

the approval of the President of the United States be modified or 

eliminated as changes in the circumstances or experience may 

indicate. 

ARTICLE VII-ADMINISTRATION 

(a) The administration of the Code shall be under the direction 

of a Code Authority consisting of one representative elected by each 

of the seyeral Divisions of the Industry submitting supplemental 

Codes approved by the President of the United States, and may have 

in addition thereto one representative who may be elected to represent 

the members of the Industry not members of the Association nor of 

3 Division submitting a supplemental Code. The President and Vice 

President of the Association shall be members ex officio. Each o£ 
220 

the above members shall have one vote. The Executive Secretary of 

the Association, not a member of the Industry, shall be the Executive 

Secretary of the Code Authority, but shall have no vote on the 

Code Authority. . 

(b) The Administrator may appoint from one to three representatives to attend all meetings of the Code Authority in order that the 

Administrator ·may be fully advised regarding the operation and 

administration of the Code. Such representatives shall be without 

vote and shall serve without expens to the Industry. Due notice 

shall be given to such repre entatives of all meetings of the Code 

Authority. 

(c) Any member of the Indu try subject to the juri diction of this 

Code and receiving the benefits of the Code and/or the benefits of 

the activities of the Code Authority shall pay to the Code Authority 

his equitable proportionate share of the expense of formulating and 

putting into effect and administering this Code, and any other costs · which may be incurred in the preparation and/or administration of 

the Code by said Code Authority. The part of such expenses which 

shall be asses eel against such members of the Industry shall be 

assessed by the Code Authority, which Authority in m.aking such 

assessment shall take into account the number of employees, the volume and class of business and an equitable consideration of any and 

all matters which should be taken into account in determining the 

proper assessment. 

Failure of the member of the Industry to pay any such assessment 

for a period of thirty days after the date on which it hall become 

payable shall entitle the Code Authority to deprive such member of 

his participation in the administration of the Code as therein or 

herein provided, and such member shall continue to be liable for his 

proportionate Ehare of all due and unpaid assessments. 

(d) The Code Authority shall hold itself in readiness to assist and 

keep the Administrator fully advised, and to meet with the Adrnin -

i trator s representative or representatives from time to time as 

requested, to consider and study any sugge tions or proposals presented upon behalf of the Administrator or any member of the 

Industry regarding the operation, observance, or administration of 

this Code. Such Code Authority may from time to time preseiLt to 

the Admini trator recommendations based on conditions in the Industry as they may develop and request modifications or additio.nal 

provisions to this Code. 

(e) Any action taken by the Code Authority for the purpose of 

making effectiYe the provisions of this Code may be submitted to the 

Admini trator for approval, and shall in any case be subject to the 

aisapproval of the Administrator. 

(f) The administration of provisions of supplementary Codes 

may, with the approval of the Admini trator be through admini8-

trative agencies of the Divisions, coming under such supplementary 

Codes. 

(g) Each member of the Industry shall furnish to the Code Authority duly certified report at such time and in such forms as may 

be required by it in order to administer this Code. 

(h) A Divi ion having a Supplementary Code of Fair Competition applying to it, and approved by the President of the United 
221 

States, may collect such stati tics as referred to in the preceding 

paragraph and send them in ompiled form to the Code Authority. 

(i) All statistical data filed shall be confidential and the data of 

one member of the Industry shall not be revealed t? any other member of the Industry except in compiled form. 

(j) The Executive Secretary of the Code Authority, or his duly 

ailthorized representatives, not members of the Industry, shall have 

acce s to any and all statistical data that may bo furnished but only 

for the pu~pose of administering or enforcing the provisions of thjs 

Code. 

(k) In addition to information required to be submitted to the 

Code Authority, there shall be furnished to government agencies 

such statistical information as the Administrator may deem necessary 

for the purposes recited in Section 3 (a) of the National Industrial 

Recovery Act. 

(I) The provisions of this Code and the jurisdiction of the Code 

Authority and of the Administrator under this Code over any member of the Industry are applicable only to that portion of the business 

and employment of the member of the Industry which is within the 

Industry. 

ARTICLE VIII-SuPPLEMENTS AND Al\rnNDMENTs TO SuPPLEMENTS 

TO CoDE 

(a) Supplements and amendments to supplements to this Code 

dealing with :fair and unfair methods of competition affecting the 

several Divisions of this Industry may be submitted by the Code 

Authority for said Divisions and when approved by the President 

of the United States shall become a part of this Code; provided, 

however, that no changes which affect a particular Division shall be 

submitted without the approval of the administrative agency of 

such Division where such an agency exists. 

ARTICLE IX-EFFECTIVE DATE 

This Code shall become effective on the first Monday after its 

approval of the President of the United States. 

ARTICLE X-TERMINATION 

All prov1s10ns of this Code and any modifications thereof shall 

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

shall by proclamation, or the Congress shall by joint resolution, declare that the emergency recognized by Section I of the Act has 

ended. 
SUPPLEMENT TO CoDE OF NoN-FERRous FouNDRY l:NnusTRY SUBMI'Tl'ED 

BY THE MISCELLANEOUS SAND CASTINGS DIVISION OF THE NONFERRous FoUNDRY INDUSTRY 

To effectuate the policies of Title I o£ the National Industrial 

Recovery Act, the folowing provisions are established a a upplemental Code o£ Fair Competition for the :Th1iscellaneous Non-Ferrous 

Sand Castings Division of the Non-Ferrous Foundry Industry. 

1. Definitions of Terms. 

(a) The term "Miscellaneous Non-Ferrous Sand Castings Industry" means and includes that division of the Non-Ferrous Foundry 

Indu try, as defined, engaged in the business of producing miscellaneous nonferrous castings cast in sand to the order of the buyer 

from the buyer's designs and specifications, except railroad car and 

locomotiYe journal bearings and castings, and scmifinished or finished 

Street Railway Castings. 

(b) The term ":Th1emb3r of the Miscellaneous Non-Ferrous Sand 

Castings DiYi ion" means and includes, but without limitation, every 

individual, firm, partn rship, association, corporation, or other entity 

engaged in business in the J\1i cellaneous Non-Ferrous Sand Castings 

Industry as above defined. 

2. Adoption of Code Submitted by Non-Ferrous Foundry Association for Industrial RecoYery. 

The members of the :Th1iscellaneous Non-Ferrous Sand Castings Division of theN on-Ferrous Foundry Industry hereby adopt and submit as a part of this supplemental Code, the Code submitted for the 

Non-Ferrous Foundry Industry by the Non-Ferrous Foundry Association for Industrial Recovery. 

3. Unfair :Th1ethods of Competition. 

For all purposes of the Code the acts described in this section shall 

constitute unfair practices. Any member of this Division of the 

Industry who shall, directly or indirectly, through any officer, einployee, agent, or representative use, employ, or permit to be employed 

any of such unfair practices shall be guilty of a violation of the Code. 

(a) To violate any of the provisions of this Code or amendments 

thereto. 

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

repre. entatives of customers, or agents, employees, or representatives 

of competitors or of prospectiYe customers, money, or anything of 

value, to induce them to influence their employers, or principals, to 

purchase: or contract to purcha e products of this Industry, or to 

influence such employers, or principals, to refrain from contra ting 

with competitors. This provision shall not be con trued to prohibit 

free and general distribution of articles commonly used for ad vertising except o far as such article are actually used for commercial 

bribery as hereinabo' e defined. 

(c) To undertake to do -.;york or furnish castings on terms other 

than those set forth in the contract between the parties. 

(222) 
223 

(d) To withhold from, or insert in any invoice, words or figures 

which make or tend to make such invoice a false record, wholly 

or in part, of the transaction repre ented on the face thereof ; the 

payment or allowance of secret rebates, refunds, credits, unearned 

eli count , 1\hether in the form of money or otherwise; er the exten. 

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

sion to certain purchasers of prices, services, or privileges not extended to all purcha ers under like conditions. 

(e) To purcha e from customers good , scrap, borings, and/or 

service at pri es higher than the market for the purpose of influencing or inducing the purchase of nonferFous castings. 

(f) To absorb all or any part of the machining cost of castings 

sold as machined castings. 

(g) To enter into quantity contracts with buyers without obliga· 

tion on their part to take delivery of the quantities specified in the 

contract or on the quotation, for the purpose of giv;ug special 

unwarranted prices. 

(h) To 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 at lea t on ce monthly to conform with metal-market 

advances and/ or declines. 

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

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

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

of his products; or marking, branding, labeling products, and making 

statements regarding products, the purpose or effect of which may 

be misleading or tend to deceive purchasers as to the quantity, quality, grade, or substance of the goods purchased. 

(j) To 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 prices between date of order 

and date cancellation is requested. 

(k) To make any sale or contract of sale of any product of any 

description guaranteeing against a metal market decline. 

(l) To make any ale or contract of sale for any castings below 

seller's cost as determined by a system of cost accounting which conforms to the principles of and is at least as detailed and complete as 

a uniform and standard method of cost accounting to be formulated 

and adopted by this Division and approved by the Administrator. 

( m) To guarantee the life or service of a nonferrous casting. 

( n) To quote a flat price per pound for a variety of castings of 

widely varying weight and/or intricacy. 

( o) To absorb the cost of patterns, pattern alterations, tools, 

gauges, core drivers, chemical analyses andj or physical tests specified 

by the customer, or any special equipment in the cast price and/or 

charge for such equipment at less than its cost as determined as 

provided in paragraph (1) hereof. 

(p) No provision of this supplemental Code shal~ be so construed 

as to hinder the development of new uses. 
SUPPLEMENT TO CoDE OF NoN-FERRous FouNDRY INDUSTRY SuBMITTED 

BY THE ALUMINUM PERMANENT J\1oLD CASTINGS DmsroN oF THE 

NON -FERRous FouNDRY INDUSTRY 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are establi heel as a supplemental Code of Fair Competition for the Aluminum Permanent 

Mold Castings Division of theN on-Ferrous Foundry Indu try. 

1. Definitions of Terms. 

(a) The term "aluminum permanent mold casting industry" 

means and includes that Division of the Non-Ferrous Foundry Industry, as defined, engaged in the b tsiness of producing aluminum 

and aluminum alloy castings made with permanent or semi-perma- nent molds and such equipment therefor as is regularly manufactured in plants of member of the Division, provided, ho-n-ever, that 

such term does not include the production of aluminum and aluminum 

alloy die castings and aluminum piston castings. 

(b) The term " members of the Aluminum Permanent Mold Castings Division" means and includes, but without limitation, every individual firm, partnership, association, corporation, or other entity 

engaged in business in the Aluminum Permanent JVIold Castings Industry as above defined. 

2. Adoption of Code Submitted By The Non-Ferrous Foundry 

Association for Industrial Recovery. 

The Inembers of the Aluminum Permanent Mold Castings Division of the Non-Ferrous Foundry Industry hereby adopt and submit as a part of thjs supplemental Code, the Code submitted for the 

Non-Ferrous Foundry Industry by the Non-Fer.rous Foundry Association for Industrial Recovery. 

3. Unfair Methods of Competition. 

For all purpo es of the Code the acts described in this ection shall 

constitute unfair practices. Any member of this Division of the 

Industry who shall, directly or indirectly, through any officer, employee, agent, or representative use, employ, or permit to be employed 

any of such unfair practices shall be guilty of a violation of the 

Code. 

(a) To violate any of the provisions of this Code or amendments 

thereto. 

(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 purch3;se _products of ~his Industry, or. to 

influence such employers or prmcipals to refrain from contracting 

with competitors. This provision shall not be construed to prohibit 

free and general distribution ?f articles commonly used for advert~sin~ except so far as such arbclos are actually used for commercial 

bribery as hereinabove defined. 

(224) 
225 

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

than those set forth in the contract between the parties. 

(d) To withhold from, or in ert 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; 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 services or privileges not extended to all purchasers under like conditions. 

(e) To purchase from customers goods, scrap, borings, and/or 

services at prices higher than the market for the purpose of influencing or inducing the purchase of non-ferrous castings. 

(f) To absorb all or any part of the machining cost of castings 

sold as machined castings. 

(g) To enter into quantity contracts with buyers without obligation 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) To 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 words or acts, which untruthfully impugn his business integrity 

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

his products; or marking, branding, labelling products, and making 

statements regarding products, the purpose or effect of which may 

be misleading or tend to deceive purchasers as to the quantity, quality grade, or substance of the goods purchased. (D To 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 difference due to a decline in metal market prices between 

date of order and date cancellation is requested. 

(k) To make any sale or contract of sale of any product of any 

description protecting against a metal market decline. 

(l) To make any sale or contract of sale for any castings below 

seller's cost as determined by a system of cost accounting which 

conforms to the principles of and is at least as complete and detailed as the system of cost accounting adopted by this Division 

and approved by the Administrator, provided, however, no provision of this paragraph shall be so construed as to hinder the development of this Industry. 

(m) To guarantee the life or service of an aluminum permanent 

mold casting, provided, however, that nothing in this paragraph is 

to be so construed as to hinder the development of new uses. 

(n) To quote a flat price per pound for a variety of ca tings o£ 

widely varying weight and/ or intricacy. 

( o) To absorb the cost of patterns, dies, permanent molds, tools, 

gauges, core driers, chemical analyses and/ or physical tests specified 

by the purchaser, or any special equipment in the casting price 

and/or charge for such equipment at less than its actual cost in-
226 

eluding direct labor, :full overhead, materials, and supplies; provided, 

however, in the case o:f development o:f new uses andjor new processes 

the cost o:f the development or the excess cost of n1olds over their 

cost o:f reproduction may not be charged to the customer. 

(p) To accept permanent mold equipment made by another permanent-mold manufacturer in this group and supplying production 

castings :from such equipment. 

( q) To quote or accept orders for molds, dies, or any special equipment necessary to, the manufacture of a particular casting without 

including in the quotation or order an amount separate and apart 

from the cost of the casting sufficient to cover the cost of such molds, 

dies, or other special equipment, or to extend terms for the sale of 

such molds, dies, or special equipment other than net cash on approval o:f samples or than the payment therefor in equal monthly installments covering a period of not to exceed six ( 6) months. In the 

event that installment terms as herein provided are granted, there 

should be added a carrying charge at the rate of two percent (2%) 

per month :for such period of time as such terms are granted. 

(r) To· make any additional mold equipment to meet a customer's 

production requirements, without charging for same at not less than 

cost. 

(s) To give any cash discounts on billing or to extend terms of payment :for the purchase of the products of the industry for more than 

thirty ( 30) days. 

(t) To accept orders which do not specify a definite quantity or 

which extend the time of delivery beyond one hundred and twenty 

(120) days from date of order :for new castings or ninety (90) days 

:from date of order on reorders of castings previously furnished. 

( u) To cancel or renew the unfilled balance of any o.rcler at a lower 

price without a charge equivalent to any loss occasioned by a decline 

1n the value of the metal as determined by the average price at date 

of order and date of cancellation average price of metal to be determined as in the system of cost accounting as defined in paragraph 

(l) above. 

( v) To renew the unfilled balance of any order except that such 

renewal be subject to the provision of (l) above. 

4. The Following Shall 'Be Deemed Fair Methods of Competition 

for the Industry : 

(a) Where a member o:f the Aluminum Permanent Mold Castings 

Industry produces more than one product, each separate product 

shall be considered as a separate unit for the purpose of ascertaining 

costs and in determining such costs, fair and proper allocation of 

general expenses shall be allocated to the several units. 

(b) All quotations, orders, or contracts covering molds, to be used 

for supplying production castings, shall contain a provision reading 

as :follows : 

" The above-described molds will remain in our possession and 

control, and when, for three consecutive years, no orders are received, 

the molds will be considered as obsolete and may be destroyed by us 

after giving 30 days' notice thereof to the customer. The process of 

construction and operatjng these molds will not be disclosed to anyone except employees of our company." 
227 

(c) All quotations, order , or contract covenng ca. tings shall 

contain a provision reading a follows: 

"The molds from which the above-des ribed ca ting will be made, 

will remain in our pos ession and control, and when, for three consecutive years, no orders are received, the e molds will be considered 

obsolete and may be destroyed by us after giving 30 days' notice 

thereof to the customer. The process of construction and operating 

these molds will not be disclosed to anyone except employees of our 

company." 
SUPPLEMENT TO CoDE OF NoN-FERRous FoUNDRY INDUSTRY SunMI'ITED 

BY THE STEEL .AND RoLLING MILL CAsTINGs DIVISION OF THE NoNFERRous FouNDRY INDUSTRY 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are established as a suppleInental Code of Fair Competition for the Steel and Rolling Mill 

Castings Division of the Non-Ferrous Foundry Industry. 

1. Definition of Terms. 

(a) The term " Steel and Rolling Mill Castings Industry " means 

and includes that division of the Non-Ferrous Industry as defined, 

engaged in the business of producing nonferrous castings for steel 

plants and rolling mills except Blast Furnace Castings. 

(b) The term " Member of the Steel and Rolling Mill Castings 

Division" means and includes, but without limitation, every individual, firm, partnership, association, corporation, or other entity 

engaged in business in the Steel and Rolling Mill Castings Industry 

as above defined. 

2. Adoption of Code Submitted by Non-Ferrous Foundry Association for Industrial Recovery. 

The members of the Steel and Rolling Mill Castings Division of 

the Non-Ferrous Foundry Industry hereby adopt and submit as a 

part of this supplemental Code, the Code submitted for the NonFerrous Foundry Industry by the Non-Ferrous Foundry Association 

for Industrial Recovery. 

3. Unfair Methods of Competition. 

For all purposes of the Code the acts described in this section 

shall constitute unfair practices. Any member of this Division of 

the Industry who shall, directly or indirectly, through any officer, 

employee, agent or representative use, employ, or permit to be 

erpployed any of such unfair practices shall be guilty of a violation 

of the Code. 

(a) To violate any of the provisions of this Code or amendments 

thereto. 

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

representatiYes 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 pdncipal , to 

purchase, or contract to purchase products of this Industry, or to 

influence such employers, or principals, to refrain from contracting 

with competitors. 

This provision shall not be construed to prohibit free and genera] 

distribution of articles commonly used for advertising except so far 

as such articles are actually u ed for commercial bribery as herein 

above defined. 

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

than those set forth in the contract between the parties. 

(228) 
229 

(d) To withhold from, or in ert in any inYoice \lOrds or figures 

which make or tend to make uch invoice a falser cord, wholly or in 

part, of the tran action represented on the face thereof; the payment 

or allowance of secret rebates, refund , credits, unearned discounts, 

whether in the form of money or oth rwi e; or the extension to certain purchasers of prices, services, or privileges not extended to all 

purchaser under like conditions. 

(e) To purchase from customers goods, scrap, boring , and/or 

service at price higher than the market for the purpose of influencing or inducing the purchase of nonferrous ca tings. 

(f) To absorb all or any part of the machining cost of castings 

sold a machined castings except specialty castings. 

(g) To enter into quantity contracts with buyers without obligation on their part to take deli\ery of the quantities specified in the 

contract or on the quotation, for the purpose of giving special 

un\\arranted price . 

(h) To accept requirements contract without specifying a time 

limit, except where such contracts permit of price adjustments to conform with metal market advances and/or declines at least once 

monthly. 

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

by words or act , which untruthfully impugn his bu iness integrity, 

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

of hi products; or marking, branding, labelling products, and making statements regarding products, the purpo e or effect of which may 

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

quality, grade, or sub tance of the goods purchased. 

(j) To 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 con ideration which con ideration shall include any 

expen.;;e incurred prior to acceptance of cancellation and any difference due to a decline in metal market prices between date of order 

and date of cancellation is requested. 

(k) To make any sale or contract of sale of any J?roduct of any 

description guaranteeing against a metal market dechne. 

(I) To make any sale or contract for sale of any castings below 

seller's costs as determined by a system of co t accounting which 

conforms to the principles of, and is at least as detailed and complete 

as a standard method of cost accounting formulated and adopted by 

this Divi ion and approved by the Admini trator. 

( m) To guarantee the life or service of a nonferrous casting. 

( n) To quote a flat price per pound for a variety of castings of 

widely varying weight and/or intricacy. 

( o) To absorb the cost of patterns, dies, permanent molds, tools, 

gauges, core driers, chemical analyses, and/or physical te ts specified 

by the purcha er or any special equipment in the casting price and/or 

charge for such equipment at less than its actual cost including direct 

labor, full O\erhead, materials, and upplies except specialty castings. 

(p) To accept any contract or order on a consignment basis. 
SUPPLEMENT TO CoDE oF NoN-FERRous FouNDRY INDUSTRY SuBMITTED 

BY THE BLAsT FuRNACE CASTINGS DiviSION OF 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 supple~ 

mental Code of Fair Competition for the Blast Furnace Castings 

Division of the Non-Ferrous Foundry Industry. 

1. Definition of Terms. 

(a) The term " Blast Furnace Castings Industry " means and 

includes that Division of the Non-Ferrous Foundry Industry, as 

defined, engaged in the business of producing non-ferrous castings 

for Blast Furnaces, such as Tuyeres, Cinder Notches, Coolers, Bosh 

Mantle and Inwall Plates, Hot Blast Valves, and Valve Seats. 

(b) The term "Member of the Blast Furnace Castings Division" 

means and includes, but without limitation, every individual, firm, 

partnership, association, corporation, or other entity engaged in business in the Blast Furnace Castjngs Industry as above defined. 

2. Adoption of Code Submitted by Non-Ferrous Foundry Association for Industrial Recovery. 

The members of The Blast Furnace Castings Division of the NonFerrous Foundry Industry hereby adopt and submit as a part of this 

supplemental Code, the Code submitted for the Non-Ferrous Foundry Industry by the Non-Ferrous Foundry Association for Industrial Recovery. 

3. Unfair Methods of Competition. 

For all purposes of the Code the acts described in this section 

shall constitute unfair practices. Any member of this Division of 

the Industry, who shall, directly or indirectly, through any officer, 

employee, agent, or representative use, employ, or permit to be employed any of such unfair practices shall be guilty of a violation 

of this Code. 

(a) To violate any of the provisions of this Code or amendments 

thereto. 

(b) To make or promise to any purchaser or prospective purchaser, 

or to any officer, employee, agent, or representative of any such purchaser or prospective purchaser, any bribe, commission, or split commission, gratuity, gift, or other payment or remuneration directly 

or indirectly. 

This provision 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 commercial bribery as hereinabove defined. 

(c) To withhold from or insert 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, the payment or allowance of secret rebates, reftmds, credit , unearned dis-

(230) 
231 

counts, whether in the form of money or otherwise; or the extension 

to certain purchasers of services or privileges not extended to all 

purchasers under like conditions. 

(d) To extend to any purcha er special conce ·sions in the nature 

of free machining not standard as of July 1, 1933, and defined as 

follows: 

Tuyeres-Drill and Tap Holes. 

:Machine Seat for Blow Pipe. 

Cinder notche -Tuyere Coolers. 

Notch (or intermediate) Coolers. Bo h Plates, :Mantle (Inwull) Plates. 

Drill and Tap Holes. 

I-Iot blast YalYes and hot blast valve seats-Follow blueprint furni hed by purchaser. To remachine a valve or .·eat after it has been 

shipped to a purchaser (except to correct an error) constitutes an 

unfair method of competition. 

To machine outside surface of tuyere fit or inside surface of cooler 

fit without charging purchaser full cost of such extra machining in 

addition to per-pound price constitutes an unfair metho l of competitjon. HoweT"er, filing or grinding smooth where necessary is 

allowable without extra charge. 

(e) To enter into quantity or ~eriod contract with any purchaser 

without obligation on purchasers part to take specified minimum 

poundage which shall not be less than 75% of the maximum, except 

where such contracts permit of price adjustments to conform with 

metal market advances and/or declines at least once monthly. 

(f) In ca e of chalJge or cancellation of order in process, purchaser shall be charged full amount of expense incurred prior to 

acceptance of cancellation and any difference due to a decline in 

metal-market prices between date of order and date of cancellation · is requested. 

(g) To make any sale or contract of sale guaranteeing against a 

metal-market decline. 

(h) To make any sale or contract of sale for any castings below 

cost as determined by a system of cost accounting adopted by this 

division and approved by the Aclmini trator. 

(i) To guarantee the life of a Blast Furnace Casting. 

(j) To requote a price lower than a competitors price after being 

advi ed what that competitor's price is. 

(k) To accept any contract or order on a consignment basis, or 

with the understanding that shipment is to be held back pending 

customer's specification, or on any other delivery basis than that 

of shipping when ready, and invoicing as of date of shipment and 

on terms specified in paragraph (1) . (I) Terms of payment shall be: Net 30 days from date of shipment. A discount of V2 of 1% may be allowed for earlier payment. 

(m) All shipments shall be invoiced in cents per pound for the 

actual shipping weight. 

Approved Code No. 165. 

Registry No. 1111-05. 

0 
UNIVERSITY OF FLORIDA 

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3 1262 08855 7557