Approved Code No. 470 Registry No. 1203-04 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

· ALUMINUM INDUSTRY 

AS APPROVED ON JUNE 26, 1934 

"WE DO OUR PART 

0 ~ ~--~- fA I : ----

UNITED STATES 

GOVERNMENT PRINTING OFFICB 

WASHINGTON 1 1934 

l'w ale bJ &be Superintendent of Docaments, Washlne&on, D.C. - - • • • - - • Price II cent. 
This publication is for sale by the Superintendent of Documents, Government 

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Approved Code No. 470 

CODE OF FAIR COMPETITION 

FOR THE 

ALUMINUM INDUSTRY 

As Approved on June 26, 1934 

ORDER 

ConE OF FAIR CoMPETITION FOR THE ALUMINUM 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 Aluminum Industry, and hearings having 

been duly held thereon and the annexed report on said Code, con- taining findings with respect thereto, having been made and directed 

to the President: 

NOvV, 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 Pre ident, including Executive Order No. 6543-A, dated December 30, 

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

report and do find, in view of the findings and recommendations of 

said report and in view of the objections which have been made to 

said Code and which have received due and careful consideration, 

that it is in the public interest to permit said Code to be put into effect 

for a period of 90 days after the effective date thereof, in order to 

determine the extent to which said Code will aid to promote the policy and purposes of Title I of the National Industrial Recovery Act, 

with the pertinent provisions of which Act I find that said Code 

complies and I do hereby order that said Code be, and it is hereby 

approved, to continue in effect for said trial period of 90 days, subject, howeYer, to the right reserved in the Administrator to cancel or 

modify this order of approval at any time and subject further to the 

following conditions: 

1. The Administrator will cause an investigation to be made during 

said 90 day period of the past practices of the industry and any 

modification of such practices or effect upon such practices resulting 

from the provisions of the Code and a report made to the Administrator at least ten (10) days prior to the expiration of said trial 

period, in order that he may determine the extent to which the Code 

has operated to protect small enterprises from any alleged oppression 

or discrimination and has aided to effectuate the policy of said title 

70243°----657-154----34 (113) 
114 

of said Act and the Administrator will request the aid of any other 

appropriate agencies of government in the making of such investigation and report. 

2. During said 90 day period the Administrator will receive and 

investigate any complaints of unfair competition in the sale of fabricated products at prices constituting unfair competition, or oppress· 

ing small enterprises, or tending toward monopoly, or the impairment 

of code wages and working conditions. 

HuGH S. JoHNSON, 

Administrator for lnd/wstrial Recovery. 

Approval recommended: 

c. E. ADAMS, 

Division Aa1niootrator. 

W AsmNGTON, D. C., 

Jwne ~6, 1931;.. 
REPORT TO THE PRESIDENT 

The PREsiDENT, 

The White House. 

Srn: The original Code of Fair Competition for the Aluminum 

Industry was presented on August 18, 1933, by the Association of 

Manufacturers in the Aluminum Industry, an unincorporated membership society organized in 1933, representing over 95% of the 

known members of Industry and about 97% in volume of production. 

A joint public hearing was held on September 28, 1933, at which 

time the proponents of this code, together with those of the Secondary Aluminum Industry and the Aluminum Fabricators Group, 

were heard. A Code of Fair Competition for the Secondary Aluminum Industry was approved on February 6, 1934, and provisions 

were made in the code for that Industry that upon the election of 

the Administrator it may be made a supplemental code to this major 

code for the Aluminum Industry when approved. The code as presented by the Aluminum Fabricators Group represents a minority 

interest representing less than 3% activity. The code as presented 

is in direct conflict and overlaps with the major code for the Aluminum Industry. This code for the Aluminum Industry as presented 

by the Association of Manufacturers in the Aluminum Industry was 

revised during the recess of the hearing and was submitted 1n its 

final form for approval. Every person who requested an appearance 

was properly heard in accordance with statutory and regulatory 

requirements. 

The Aluminum Industry as outlined in this code embraces all steps 

in the Industry from the mining of bauxite1 the beneficiation of 

bauxite, and the reduction o.f alumina to virgin aluminum and the 

subsequent' fabrication of such virgin aluminum and the sale of such 

fabricated products. 

The major step,s of the Aluminum Industry are: 

1: The mining of bauxite, the principal ore o.f aluminum. 

2: The extraction of alumina, the oxide of the metal, and 

3: The reduction of alumina to virgin aluminum by electro-chemical processes, and 

4: The fabrication of such virgin aluminum into semifinished or 

finished industry products, and 

5 : The sale of such fabricated products. 

In addition to the manufacture of aluminum, bauxite finds use in 

the manu.facture of chemicals, abrasives, refractorie,s and certain 

cements. These uses consume about one-half of the American 

bauxite production. 

The American Aluminum Industry obtains its bauxite supply 

from two principal sources, Arkansas and Dutch Guiana, and since 

1928 the imports have been greater than the dome,stic production. 

(115) 
116 

The consumption o.f bauxite in the United States, as reported by 

the United States Bureau of l\1ines, is as follows: 

Produc- Apparent Produc- Apparent 

Year tion Imports Exports consump- Year tion Imports Exports consump- tion tion 

1922_ ------ 309, 600 23, 700 19,600 313, 700 1928 ________ 375,400 350, 100 113,000 612,500 

1923_ ------ 522, 700 119, 000 78,600 563, 100 1929 ________ 365, 800 380,800 133,600 613,000 1924 _______ 347,600 202,000 77, 100 472,500 1930 ________ 330,600 409, 700 104,500 635,800 

1925_ ------ 316.500 353. 700 I "· 600 592,600 1931__ __ ____ 195,900 306,500 83,400 419,000 

1926_------ 392,200 281,600 87,800 586,000 1932 ________ 96,300 205,600 28,500 273,400 

1927_ ------ 320, 900 I 356, 600 121, 900 555,600 

After the milling and drying of the ore the concentrates are converted into alumina, the oxide of aluminum, from which the metal 

is reduced. The process of recovery of alumina from the concentrates is one of purification wherein the concentrates are treated with 

caustic soda, resulting in the removal from the concentrates of iron, 

silica and other undesirable constituents. The resultant aluminum 

hydrate is then precipitated, purified and calcined resulting in 

alumina as the end product. The process is fairly expensive as 

large amounts of caustic soda are required and the work is carried 

out under temperature and pressure. Approximately one ton of 

alumina is recovered from two tons of bauxite. 

The alumina as produced from bauxite is dissolved in a fused bath 

of cryolite, and aluminum is precipitated from the molten bath by 

:passing an electric current through it. About one ton of aluminum 

1s recovered from two tons of alumina. The process requires large 

quantities of electrical energy, about 22,000 kilowatt hours being 

required for each short ton of aluminum produced. All the plants 

for the manufacture of virgin aluminum in America are owned by 

one company, and are located at Niagara Falls, N.Y., Massena, N.Y., 

Alcoa, Tenn., and Badin, N.C. the selection of sites being determined principally by the availability of cheap electrical power. 

The production of virgin aluminum in the United States as reported by the American Bureau of Metal Statistics in metric tons, 

is as follows: 

1922 ________________________ 83,600 1928 ________________________ 95,300 1923 ________________________ 58,500 1929 ________________________ 102,100 

1924 ________________________ 68,300 

1925 ________________________ 63,500 1931 1930------------------------ ________________________ '103,900 80,500 

1926 ________________________ 65, 800 

1927 ________________________ 72,600 

1932 ________________________ 47,600 

During the same period the production of Secondary Aluminum 

has been about two-fifths of the tonnage of primary aluminum. 

The virgin aluminum is subsequently used by the original producer 

and also sold to independent fabncators for the manufacture of 

aluminum alloys, aluminum plate and sheet, extruded shapes, forgings, tubing, bars, rods, wire, cable, aluminum foil, aluminum castings and aluminum bronze powder. 

The independent fabricators of aluminum are also large users of 

imported virgin aluminum. In fact the imports of virgin aluminum 

ingot during the past few years have exceeded the amount of virgin 

aluminum ingot sold by the American producers to the independent 

fabricators. 
117 

ARTICLE I. States the purpose of the Code. 

ARTicLE II. Defines specific terms applicable to the Aluminum 

Industry as used in this Code. 

ARTioLE III. The maximum hours are limited to 40 hours per 

week; no employee unless otherwise specified shall work more than 

six days in any seven day period. Exceptions from the maximum 

hours per week are provided for to meet the requirements of Industry. Employees may be permitted to work in excess of 40 hours 

per week during six weeks in any six months' period of a calendar 

year in order to meet seasonal or peak requirements. Such employees may be permitted to work not more than 48 hours per week 

with the proviso that time and one-half shall be paid to any employee so employed for all hours worked in excess of 40 hours per 

week or eight hours per day. Similar provisions are made to meet 

the requirements of continuous processes. Office, salaried and other 

employees not covered by the above who receive not less than $35.00 

per week shall not be permitted to work in excess of 40 hours in 

any one week except that they may be permitted to work 48 hours 

for one week in any one month period. Watchmen may be permitted to work a maximum of 54 hours per week with one d~y off 

per week. Employees engaged in an executive, managerial or supervisory capacity who receive not less than $35.00 per week and to 

their technical staffs, excluding highly skilled workers engaged in 

production, and to outside sales or sales service men, and to those 

engaged in emergency repairs or maintenance where the safety of 

life or health or the protection of property demands longer hours, 

are not subject to hourly limitations . . ARTICLE IV. The minimum wages vary for the several divisions 

of the Industry. Although the Industry at the present time is paying more than the minimums specified in the code, provision has been 

made that where the minimum wage per hour in effect in any plant or 

establishment of any member of the Industry on May 1st, 1934, was 

higher than the minimum wa~e per hour as set for this Code, such 

minimum wage per hour shall not be reduced except on the approval of the Administrator. The minimum weeldy wage for persons employed in clerical or office work varies from $12.00 to $15.00 

per week based on population differentials. The minimum rate of 

pay for work performed for any pay period shall apply irrespective 

of whether an employee is actually compensated on a time r~te, 

piece work or other basis. Provision is made for the employment 

of handicapped persons. Provision is also maae for the adjustment 

of wages above the minimum if such adjustment has not been made 

prior to June 16, 1933. 

ARTICLE V. Provides that no employer shall employ any person 

under 16 years of age and that no person under 18 years of age shall 

be employed except in clerical, office, sales, service, technical and 

engineering departments. This article also sets forth mandatory 

provisions respecting the rights of employees to organize and bargain 

collectively. It also provides for matters having to do with reclassification of employees, standards for safety and health, the observance 

of State laws and the posting of complete copies of the labor provisions of this code so that they are accessible to employees. 
118 

ARTICLE VI. Establishes a Code Authority consisting of eleven 

members who are to be truly representative of the Industry, each one 

of such members representing one of the commodity divisions of the 

Industry. Such representative shall be elected in an equitable manner and such method of election shall be subject to the disapproval 

of the Administrator. Provision is also made that no member of 

the Industry shall have more than four representatives on the Code 

Authority. Provision is also made that one member of the Industry 

may be elected to the Code Authority to represent the members of 

Industry who are not members of the association. In addition to the 

above membership there may be one and not more than three representatives without vote and without compensation from the Industry 

to be appointed by the Administrator for such terms as he may 

specify. In addition to the organization of the Code Authority the 

powers and duties thereof are also outlined in this Article. 

ARTICLE VII. Makes provisions for the modification of this Code. 

ARTICLE VIII. No provision of this code shall be so applied as 

to permit monopolies or monopolistic practices or to eliminate, 

oppress or discriminate against small enterprises. 

ARTICLE IX. Sets forth the trade practices for the Aluminum 

Industry as apply to production and selling of aluminum ingot from 

virgin aluminum alone or from virgin aluminum in combination with 

scrap which has not left the possession of the producer. 

ARTICLE X. Provides that the code shall become effective on the 

fifteenth day following its approval by the President. 

ARTICLE XI. Provides for termination of the code. 

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 

removal 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 unem_ployment, 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. 
119 

(d) The Code is not designed to and will not promote 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, therefore, this Code has been approved. 

Respectfully, 

JUNE 26, 1934. 

70243°----657-154----34----2 

HuGHS. JoHNsoN, 

Administrator. 
CODE OF FAIR CO~IPETITION FOR THE ALUMINUM 

INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

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

for the Aluminum Industry, and shall be the standard of fair competition for such Industry and shall be binding upon every member 

thereof. 

ARTICLE II-DEFINITIONS 

~erever used in this Code or any supplement pertaining thereto, 

the terms enumerated in this Article shall have the meanings herein 

defined. 

(a) "Aluminum Industry" (or "Industry") as used herein, includes any or all operations of the following Commodity Divisions 

and the original sale of the products produced or manufactured by 

a ~1 mb r of the Indu try either directly or indirectly through 

parent, subsidiary andj or affiliated company: 

1. The mining of bauxite and other aluminum ores. 

2. The concentration of aluminum ore and other materials subsidiary to the smelting of aluminum. 

3. The production of virgin aluminum. 

4. Secondary aluminum. (Approved Code #268.) 

5. The production of aluminum plate and sheet of a thickness of 

six one-thousandths ( .006) of an inch or greater for sale as such to 

others. 

6. The production of aluminum extruded shapes. 

7. The production of aluminum forgings. 

8. The production of aluminum tubing, conduit, bar, rod, wire, 

cable and other wrought forms and products not otherwise cla£sified. 

9. The production of aluminum foil rolled to a thickness of less 

than six one-thousandths (.006) of an inch, whether attached or 

affixed to other materials or not. 

10. The production of aluminum pistons. 

11. The production of aluminum bronze powder. 

(b) The term "Aluminum" as used herein means aluminum and 

all alloys in which aluminum is the chief constituent and any 

product made therefrom together with any product offered for sale 

ts Aluminum. 

(c) The term " Member of the Industry " as used herein includes, 

but without limitation, any individual, partnership, association, 

corporation or other form of enterprise engaged in the Industry, 

either as employer or on his or its own behalf. 

(120) 
121 

(d) The term " Employee " as used herein means and includes 

anyone engaged in the Industry in any capacity, receiving compensation for his services, irrespective of the nature or method of payment of such compensation, except a member of the Industry, 

(e) The term " Employer " as used herein includes any one by 

whom any such employee is employed or compensated. 

(£) The terms "President", "Act", and "Administrator" as used 

herein mean, respectively, the President of the United States, Title I 

of the National Industrial Recovery Act, and the Administrator for 

Industrial Recovery under Title I of the National Industrial Recovery Act. 

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

by reference to the latest Federal census. 

(h) The term " Southern Section " as used herein means and includes the States of Virginia, North Carolina, South Carolina, Tennessee, Kentucky, Georgia, Florida, Alabama, I\!Iississippi, Louisiana, 

Arkansas, Oklahoma, and Texas. 

( i) The term " Northern Section " as used herein means and includes all of the United States other than those states specified in 

paragraph (h). 

(j) The term "Association" as used herein means the Association 

of Manufacturers in the Aluminum Industry. 

(k) The term "Secretary" as used herein means the Executive 

Secretary of the Association of Manufacturers in the Aluminum 

Industry. 

(I) The term "Learner" as used herein means an employee without previous experience engaged to become competent on one or more 

operations, but who shall not be so classified after ninety (90) days 

employment. 

ARTICLE III-HoURs OF LABOR 

MAXIMUM HOURS 

(a) No employee shall be permitted to work in excess o£ forty ( 40) 

hours in any one ( 1) week or more than six ( 6) days in any seven 

(7) day period except as herein otherwise provided. A normal work 

day shall not exceed eight (8) hours. 

HOURS FOR CLERICAL AND OFFICE EMPLOYEES 

(b) No person employed in clerical or office work shall be permitted to work in excess of forty ( 40) hours in any one (1) week or 

more than six ( 6) days in any seven ( 7) day penod, except that for 

one (1) week in a one (1) month period such employee may be permitted to work a maximum of forty-eight (48) hours. A normal 

work day shall not exceed eight (8) hours. 

EXCEPTIONS AS TO HOURS 

(c) The maximum hours fixed in (a) of this Article shall not 

apply to employees engaged in emergency maintenance, or emergency repair work, involving breakdown or protection of life or 

property; provided that in such special cases one and one-half (1¥2) 
122 

times the normal wage rate for any employee so employed shall be 

_paid for all hours worked in excess of forty ( 40) hours in any 

one (1) week, or eight (8) hours per day. 

(d) The maximum hours fixed in (a) and (b) in this Article 

shall not apply to persons engaged in a managerial, executive, 

clerical or supervisory capacity, and to their immediate assistants, 

who receive not less than Thirty-Five Dollars ($35.) per week; 

and to technical staffs (excluding highly skilled workers engaged 

in production) ; and to outside sales or sales service men. 

(e) Watchmen shall be permitted to work a maximum of fiftyfour (54) hours per week, with one ( 1) day off per week. 

(f) There may be a tolerance of 10% additional hours over the 

maximum hours in any week or the normal work day fixed in (a) 

of this Article, for employees engag~d in the preparation, care and 

maintenance of machinery and production facilities, firemen, engineers, stock and shipping employees and truckmen. 

(g) In case of employees engaged in continuous process opera-

~ions such employees may be permitted to work on a schedule of 

forty-eight ( 48) hours per week in not more than two (2) weeks in 

any eight (8) week period. When because of an emergency the 

continuity of operations is endangered, employees engaged in continuous process operations may exceed the above maximum hour 

provision but in such special cases they shall be paid one and onehalf (llj2 ) times the normal wage rate for all hours worked in excess of eight (8) hours in any one (1) day or forty-eight (48) hours 

in any one (1) calendar week except that one and one-half (1¥2) 

times the normal wage rate shall not apply when an employee is 

held over because of lack of relief by another employee. 

(h) During any period in which a concentrated demand shall place 

an unusual and temporary burden for production work upon any 

facility of any member of the Industry, or to meet seasonal or peak 

requirements, or production emergencies, any employee may be permitted to work not more than forty-eight ( 48) hours per week in 

not more than six ( 6) weeks in the first six ( 6) months of the 

calendar year, and not more than six ( 6) weeks in the last six ( 6) 

months of the calendar year; provided., that in such special cases1 

except as otherwise provided for in this Article, at least one and 

one-half (1¥2) times the normal wage rate shall be paid to any 

employee so employed for hours worked in excess of forty ( 40) 

hours in any one (1) week or eight (8) hours in any one (1) day. 

(i) The maximum hours fixed in (a) of this Article shall not 

apply to skilled workers in processes the interruption of which 

would unavoidably reduce production because of demands inherent 

and peculiar within the process itself, {>rovided, however, such employees shall not be permitted to work 1n excess of forty-eight ( 48) 

hours in any one ( 1) week. 

EMPLOYMENT BY SEVERAL EMPLOYERS 

(j) No employer shall knowingly permit any employee to work 

for any timQ, which, when totalled with that already performed with 

another employer or employers in this Industry or other Industries 

exceeds the maximum permitted herein. 
123 

ARTICLE IV-WAGES 

(a) Except 11as otherwise provided herein the minimum wage per 

hour that shall be paid in the several commodity divisions of the 

Industry shall be as follows : 

Where the minimum wage per hour in effect in any plant or estab· 

lishment of any Member of the Industry on May 1st, 1934, was higher 

than the minimum wage per hour as set by this Code, such minimum 

wage per hour shall not be reduced except upon approval of the 

Administrator. 

1. Bauxite and other aluminum ores: Southern rural section, 30¢. 

2. Aluminum ore concentrates and other operations subsidiary to 

the smelting of aluminum: Northern section, 371j2¢. 

3. Virgin aluminum: 

Northern section, 371j2¢. 

Southern section, 30¢. 

4. Secondary aluminum: 35¢. 

A code for this Division of the Industry has been approved and 

upon the election of the Administrator may be made a supplement 

to this Basic Code. 

5. Aluminum plate and sheet: 

Northern Section, male, 35¢. 

Northern Section, female, 30¢. 

Southern Section. 30¢. 

6. Aluminum extruded ,shapes: 

Northern Section, male, 35¢. 

Northern Section, female, 30¢. 

7. Aluminum forgings: 

Northern Section, male, 35¢. 

Northern Section, female, 30¢. 

8. Aluminum tubing, conduit, bar, rod, wire. cable, etc.: 

Northern Section, male, 35¢. 

Northern Section, female, 30¢. 

9. Aluminum foil: 

Northern Section, male, 35¢. 

Northern Section, female, 30¢. 

Southern Section, 30¢. 

10. Aluminum pistons : 

Northern Section, male, 35¢. 

Northern Section, female, 30¢. 

Southern Section, 30¢. 

11. Aluminum bronze powder: 

Northern Section, male, 35¢. 

Northern Section, female, 30¢. 

Southern Section, 30¢. 

Female employees performing substantially the same work as male 

employees shall receive the same rate of pay as male employees, and, 

when they displace male employees in sub tantially the same work 

they shall receive the same rate of pay as the men they displace. 

The Code Authority shall, within ninety (90) days after the effective 

elate of this Code, file with the Administration a list of all occupations in the Industry in which both men and women are employed. 

(b) No person employed in clerical or office work shall be paid 

less than at the rate of Fifteen Dollars ($15.00) per week of forty 
124 

1

( 40) hours in any city oi over 500,000 population, or in the imme-

'diate trade area of such cit,t; nor less than at the rate of Fourteen 

Dollars and Fifty Cents ($14.50) per week in any city between 

250,000 and 500,000 population, or In the immediate trade area of 

such city; nor less than at the rate of Fourteen Dollars ($14.00) per 

:week in any city between 2,500 and 250,000 population, or in the 

immediate trade area of such city; nor less than at the rate of Twelve 

Dollars ($12.00) per week in places of less than 2,500 population. 

(c) Office boys and girls may be paid a minimum wage of eighty 

per cent ( 80% ) of the established minimum rate for office employees; 

provided, however, they shall be paid at a rate of not less than Ten 

Dollars ($10.00) J2er week. Such office boys and girls shall be limited 

to five per cent ( 5%) of the total number of office employees in any 

given establishment; provided, however, that each establishment is 

entitled to employ at least one (1) such emplo~ee. 

(d) Learners may be paid not less than eighty per cent (80%) 

of the minimum wage schedule, and the total number of such learners 

shall not exceed five per cent ( 5%) of the total number of employees. 

The learning period for any employee shall not exceed ninety (90) 

days. 

(e) A person whose earning capacity is limited because of age, 

physical or mental handicap~ or other infirmity, 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 

such person's emploJinent at such wages and for such hours as shall 

be stated in the certificate. Such Authority shall be guided by the 

instructions of the United States Department of Labor in issuing 

certificates to such persons. Each employer shall file monthly with 

the Code Authority a list of all such persons employed by him, 

showing the wages paid to and the maximum hours of work for 

such employee. 

(f) The established minimum rate of pay as set forth in Article 

IV (a) for the work performed in any pay period shall apply irrespective of whether an employee is actually compensated on a time 

rate, piece work, or other basis. 

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

1933, equitable adjustments shall be made within thirty (30) days 

after the effective date of this Code in the wage schedule of all 

employees. Such equitable adjustments shall mean that differentials 

e:xistingprior to the effective date of this Code shall not be reduced. 

In makincr such equitable adjustment no wage schedule shall be 

reduced. Within sixty (60) days after the effective date of this 

Code each member shall report to the Code Authority all such 

adjustments. 

ARTICLE V-GENERAL LABOR PROVISIONS 

(a) Child Labor.-On and after the effective date of this Code 

no person under eighteen (18) years of age shall be employed in the 

Industry except in clerical, office, sales, service, technical and engineering departments, and no person under sixteen (16) years of 

age shall be employed in any capacity. In any State an employer 

.shall be deemed to have complied with t his provision as to age if 
125 

he shall have on file a certificate or permit duly signed by the 

authority in such State empowered to issue employment or age certificates or permits showing that the employee is of the required age. 

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

the Act it is provided : · (1) 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 ag-ents, 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. 

(2) 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 

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

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

ap:proved or prescribed by the President. 

(c) Reclassification of Employees.-N o employer shall reclassify 

employees or duties or occupations performed or engage in any other 

subterfuge for the purpose of defeating the purposes or provisions of 

the Act or of this Code. 

(d) Standards for Safety and H ealth.-Every employer shall provide for the safety and health of his employees at the place and 

during the hours of their employment. Standards for safety and 

health for each division of this Industry shall be submitted by the 

Code Authority to the Administrator for approval within six (6) 

months after the effective date of the supplemental code for such Division~ 

(e) State Laws.-N o provision in this Code shall supersede any 

State or Federal law which imposes on employers more stringent requirements as to age of employees, wa~es, hours of work, or as to 

safety, health, sanitary or &'eneral working conditions, or insurance, 

or fire protection, than are rmposed by this Code. 

(f) Posting.-All employers shall keep posted complete copies 

of the labor provisions of this Code and all amendments thereto in 

conspicuous places accessible to employees and shall comply with 

all rules and regulations relative to posting which may from time 

to time be prescribed by the Administrator. 

ARTICLE VI-ORGANIZATION, PoWERs AND DUTIES OF THE CoDE 

AUTHORITY 

1. A Code Authority, which shall be truly representative of the 

Industry, is hereby constituted to administer this Code. Such Code 

Authority shall be a body incorporated not for profit, to be known 

as Aluminum Code Authority Incorporated, and shall consist of: 

(a) Eleven individuals, each one of whom shall be connected with 

a member of the Association and shall represent a Commodity Division. Each Commodity Division shall elect in an equitable manner, 

which manner shall be subject to disapproval by the Administrator, 

its own representative except that the representative of Secondary 

Aluminum shall be elected by the Aluminum Research Institute. No 
126 

member o:f the Industry shall have more than :four ( 4) representatives on the Code Authority. 

(b) One member who may be elected to represent the members 

of the Industry not members of the Association. 

(c) The executive secretary of the association, not a member o:f 

the !ndustry, shall be the executive secretary of the Code Authority, without vote. 

2. In addition to the membership as above provided there may 

be a representative or representatives, but in no case to exceed three 

(3) appointed by the Administrator to serve without vote and without compensation from the Industry for such terms as he may 

specify. 

3. 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 prescribe such hearmgs 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 w1th the provisions of the Act, may require an appropriate modification in the method of selection of the Code 

Authority. 

4. Each trade or industrial association directly or indirectly participating in the selection or activities of the Code Authority shall, 

(1), impose no inequitable restrictions on membership, and (2), submit to the Administrator true copies of its Articles of Association, 

By-Laws, Regulations, and any amendments when made thereto, together with such other information as to membership, organization, 

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

5. The Code Authority may from time to time appoint such subcommittees or designate such agencies, and may delegate to any 

of them such of its powers and duties, as it shall deem necessary 

or proper in order to effectuate the provisions and purposes of this 

Code, provided that nothing herein shall relieve the Code Authority 

of its duties or responsibilities under this Code and that such subcommittee or agency shall at all times be subject to and shall comply with the provisiOns of this Code. 

6. The Code Authority may adopt By-Laws and Rules and Regulations for its procedure. 

7. Each Commodity Division may separately prepare a supple- mental Code of Fair Competition or any amendments thereto, covering the division and the Code Authority shall receive such supplemental code or amendments and present same for approval of the 

President. Neither the Association nor any of the other Commodity 

Divisions thereof shall have any voice in the preparation of such 

Supplemental codes or such amendments. 

8. Each member of the Industry shall furnish to the Secretary 

of the Code Authority duly certified reports as necessary for the 

proper administration of this Code, at such time and in such :form 

as may be specified by the Code Authority. Failure to furnish 

Buch reports shall be deemed a violation of this Code. Nothing in 

this Code shall relieve any member of the Industry from any existing obligation to furnish reports to any governmental agency. 

9. A Commodity Division within the Industry havin~ an approved 

supplemental Code of Fair Competition applying to 1t, may, if ita 
127 

Supplemental Code so provides, collect such statistics as referred 

to in the preceding paragraph and submit them in compiled form 

to the Code Authority. 

10. Any and all information furnished to the Secretary of the 

Code Authority unless otherwise specified by the furnishers thereof 

shall be confidential and shall be divulged to no one except to members of the Code Authority and then only in such summary, or coded 

form as will not disclose the private affairs o,f any member. 

11. Any member of the Industry subject to the jurisdiction of this 

Code and receiving the benefits of the activities of the Code Authority shall pay to the Code Authority its equitable proportionate share 

of the expense of administering this Code. 

12. Nothing contained in this Code shall constitute the members 

of the Code Authority partners for any purpose. Nor shall any 

member of the Code Authority be liable in any manner to anyone 

:for any act of any other member, officer, agent or employee of the 

Code Authority. Nor shall any member of the Code Authority, 

exercising reasonable diligence in the conduct of his duties hereunder, 

including the selection of any officer, agent or employee of the Code 

Authority, be liable to anyone for any action or omission to act 

under this Code except for his own wilful misfeasance or nonfeasance. 

13. If any action of the Code Authority, or any agency thereof 

is unfair or unjust or contrary to the public interest, and it is shown 

to the Administrator that a prima facie case of inequity is resulting 

therefrom, the Administrator may require the Code Authority to 

show cause, within fifteen (15) days, why its action should not be 

suspended, pending investigation. The Code Authority shall, within 

said fifteen ( 15) day period, present to the Administrator evidence, 

either in written or verbal form, in support of its action. Thereafter, 

if the Administrator is of the opinion that such inequity exists, he 

may suspend such action of the Code Authority pending his approval 

or disapproval of such action after such further investigation as the 

Administrator or the Code Authority deems necessary or advisable. 

Alm:CLE VII-CANCELLATION oR MoDIFICATION 

(a) This Code and all provisions hereof are expressly made subject to the right of the President, in accordance with Section 10 (b) 

of Title I of the National Industrial Recovery Act, from time to time 

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

as provided in Title I o£ said Act, and specifically to the right of 

the President to cancel or modify his approval of this Code or any 

conditions imposed by him upon his approval thereof. 

(b) This Code, exce:pt as to provisions required by the Act, may 

be modified on the has1s of experience or changes in circumstances, 

such modifications to be based on a pplic.ation to the Administrator 

by the Code Authority or any representative group within the Industry in the event of failure to act, on the part o£ the Code Authority. Such modification to become effective upon approval of 

the Administrator after such notice and hearings as he shall specify, 

provided that nothing contained in this section, shall be construed 

to prevent any affected party from petitioning the President to exercise his powers in Jtccordance with Section 10 (b) of the Ar.t and 

Section (a) of this A-rticle. 
128 

ARTICLE VIII-MoNOPOLIES, ETc. 

1. No provision of this Code shall be so applied as to permit 

monopolies or n1onopolistic practice or to eliminate, oppre s or discriminate against small enterprises. 

ARTICLE IX-TRADE PRACTICES 

No member of the Aluminum Industry who produces aluminum 

ingot from virgin .aluminum alone or from virgin aluminum in 

combination with crap which has not left his pos ession shall discriminate under like conditions in the prices charged for such ingot 

(whether charged to himself in ca e of fabrication prior to sale, or 

charged to others, in ca e of sale for fabrication) either between 

himself and controlled companies on the one hand and other purchasers on the other hand ; or between such other purcha ers. Such 

ingot to the extent it is available shall be sold to anyone whose 

credit warrants. Provided, that nothing herein contained shall be 

construed to prohibit such member from meeting prices quoted for 

imported aluminum in any speciEc in tance which sh.all be reported 

to the Secretary of the Code Authority within ten (10) days after 

a sale or quotation by such member at uch a price, together with 

a statement that such price was made for the purpose of meeting 

such competition. Provided, further, that nothing in this Article 

shall impose any liability on such member by reason of quotations 

or sales made without intent to discriminate or made to meet foreign 

prices believed in good faith to have been quoted. 

2. The pro vi ion of this Article shall not be subverted or e' .aded 

directly or indirectly, by any manufacturer resorting to special trarl.e 

allowances, secret rebates, dealing with subsidiaries or controlled 

companies in this country or abroad, pecial allowances for scrap or 

materials returne l, inordinate ca h eli counts, or subterfuges of any 

kind. Reports and data pertinent to the administration of this 

Article shall be furnished the Administrator on request, and any 

complaints of noncompliance may be referred to the Code Authority 

for consideration and appropriate action. 

3. The Code Authority shall study the operation of this Article 

and not later than ix ( 6) month from the effective elate shall -report 

fully to the Admini trator the re ults of such study. At the ter· 

ruination of such c;;ix (6) month period the Code Authority, or if 

the Code Authority refuses to act, any affected party may recommend to the Administrator amendments to this Article which shall 

become effective, upon approval by the Administrator, after notice 

and public hearing, provided, however, that nothing in this paragraph contained shall be construed to prevent the Code Authority 

or any repre ·entative group, at any time, proposing amendments to 

this or any other provision of thi code in accordance with Article 

VII, Section (b). 

ARTICLE X-EFFECTIVE DATE 

This Code shall become effective on the fifteenth day following its 

approval by the President. 
129 

ARTICLE XI-TERMINATION 

All provisiOns 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 e1nergency recognized by Section I of the Act has 

ended. 

Approved Code No. 470. 

Registry No. 1203--04. 

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