Approved Code No. 390 Registry No. 1144-1-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

STEEL PLA1,E FABRICATING 

INDUSTRY 

AS APPROVED ON APRIL 6, 1934 

WE DO OUR PAJll 

1 "'°' I .., 

~ .... ---

U.S. DE,-O~T01'tY 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1934 

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Approved Code No. 390 

CODE OF FAIR COMPETITION 

FOR THE 

STEEL PLATE FABRICATING INDUSTRY 

As Approved on April 6, 1934 

ORDER 

CODE OF FAIR COMPETITION FOR THE STEEL PLATE FABIUCATINO 

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 Steel Plate Fabricating Industry, and 

hearings having been duly held thereon and the annexed report on 

said Code, containing findings with respect thereto, having been 

made and directed to the President: 

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

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

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order No. 6543-A, dated December 

30, 1933, and otherwise; do hereby incorporate by reference said 

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

with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said Code 

of Fair Competition be and it is hereby approved; provided, however, that within ninety days I may direct that there be a further 

hearing on such of the provisions of said Code as I may designate, 

and that any order which I may make after such hearing shall have 

the effect of a condition on the approval of said Code. 

HUGHS. JOHNSON, 

Administrator for Industrial Recovery. 

Approval recommended: 

GEO. L. BERRY, 

Division Administrator. 

w ASHINGTON, D.C., 

April 6, 1984. 

51570°-482-37-34 (233) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

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

Steel Plate Fabricating Industry as revised after the public hearing 

conducted in W a hington on December 5, 1933, in accordance with 

the provisions of the National Industrial Recovery Act. 

HOURS A JD WAGES 

Except in the case of persons in a managerial, executive, supervisory or technical capacity and their re pective staff , commercial 

traveling salesmen, watchmen employees engaged in emergency 

maintenance or repair work:, highly skilled workers on continuous 

proce se where restrictions of hours would unavoidably delay production, accounting, clerical or other office workers, employee in the 

Steel Plate Fabricating Industry are limited to an a, erage of not 

more than forty ( 40) hours per week in any four ( 4) "eek period 

nor more than forty-eight ( 48) hours or more than ix ( 6) days in 

any one (1) week. 

No reclassification of employees for the purpose of defeating the 

purpose of the Act i permitted, and no employee is permitted to 

work: more than the specified maximum hours whether for one or 

more employers. 

No person under sixteen ( 16) years of age i permitted to work in 

the industry, nor any person under eighteen (18) year in any 

hazardous or unhealthful occupation. 

:Minimum wages of thirty (30) cent per hour in the South, forty 

( 40) cents per hour in the North, and thirty-five (35) cent per hour 

in the States of Texas and Virginia are provided for factory and 

construction employee . The minimum w.ao·e of office employees 

range from tweh e (12) dollar to fif een (15) dollar per "eek. 

ECONOl\IIC EFFECTS OF THE CODE 

The Indu try at pre ent i operating at about bY nty- eYen per 

cent (27% ) of the 1929 peak volume in tonnage, when emplo3 ees 

numbered about 20,700. The present number of employee i~ about 

forty- even per cent ( 47% ) of the number employed during that 

period or about 9 700. This hows an increase of 4.200 employees 

or about forty-fhe per cent ( 45 o) over the number employed during 

February 1933. According to lata receive l, a Teat majority of the 

employee are working les than fort ( 40) hour per "eek. The 

pre ent increa e in employment i due partially to lara or lers for 

oil torage tank· and partially to cornplian e with the Pre ident 

Reemployment AoTeem nt. An furth r appreciable increase in 

employment ab Ye the Pre iclent Reemployment .... greement would 

ha, e to come from an increas cl volume in the In lu try. 

(234) 
235 

FINDINGS 

The Deputy Administrator in his final report to me on said Code 

having found as herein set forth and on the basis of all the proceedings in this matter; 

I find that: 

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

removal of ob tructions 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 indu try 

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 industrie , by avoiding undue restrictions of production ( except as may be temporarily 

required), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, 

and by otherwise rehabilitating industry. 

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

(c) The Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation 

Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsection (b) of Section 10 thereof; and that the applicant association 

is an industrial association truly representative of the aforesaid 

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

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

or monopolistic practices. 

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

small enterprises and will not operate to discriminate against them. 

(£) 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, I have approved this Code. 

Respectfully, 

APRIL 6, 1934. 

HUGH s. JOHNSON' 

Administrator. 
CODE OF FAIR COMPETITION FOR THE STEEL PLATE 

FABRICATING INDUSTRY 

ARTICLE I-PURPOSE 

To effectuate the policies 0£ Title I of the National Industrial 

Recovery Act, the fallowing provisions are established as a Code 

0£ Fair Competition £or the Steel Plate Fabricating Industry, and 

shall be the standard 0£ fair competition for such Industry and shall 

be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

The following words are used in this Code with the meanings 

respectively set forth: 

1. The term " Steel Plate Fabricating Industry " or "the Industry" as u ed herein includes the fabricating and/or selling, and/or 

erecting in the United States of America, exclusive of Alaska, 

Hawaii, the Canal Zone and its other insular and maritime possessions, of : 

(a) Field erected storage tanks for water, oil and other purposes. 

(b) Shop built storage and pressure tanks ( except refrigerant 

receptacles manufactured by a member of the Refrigerating Machinery Industry or a corporation affiliated therewith) for water, oil and 

other purposes except where standardized and shipped in finished. 

conditions and/or sold from a published price list, and further excepting pressure and sump tanks for governing and control systems 

of water power plants when manufactured by a member of the 

Water Power Equipment Industry or a corporation affiliated therewith. 

( c) Blast furnaces. 

( d) Gas holders. 

( e) Elevated steel tank and supporting towers. 

(f) Penstocks and pipe line construction and water pipe either 

riveted or welded, lock bar or . eamless, either hot dipped vertically 

or specially coated, exce~t feeder pipes and intake pipes, not exceed- ing thirty-five (35) feet 1n length, furnish€d with the turbine as part 

of a water power installation and manufactured by the manufacturer 

of such turbine or a corporation affiliated therewith. 

(g) Steel stacks. 

(h) Miscellaneous sheet, plate and kindred work, not provided 

for in other Codes, and branches or subdivisions thereof as may from 

time to time be included under the provisions of this Cod€. 

2. The term "As ociation" as used herein shall mean "Steel Plate 

Fabricators' As ociation." 

3. The term "employee" as used herein shall include any _and all 

persons engaged in any pha e of the Industry in any capacity however compensated, except a member of the Indu try. 

(236) 
237 

4. The term "employer" as used herein means any employer 

engaged in the Industry. 

5. The term "Member of the Industry" as used herein includes 

any individual, partnership, association, corporation or other person 

or for~ of enterprise engaged in the Industry either as an employer 

or on his own behalf. 

6. The term "~1ember of the Code" as used herein includes any , member of the Industry who shall expressly signify assent to this 

Code. 

7. The term "apprentice" as used herein means a person (usually 

a minor) bound by indenture to serve an employer for a term of 

years at a pre-determined wage for the period of indenture in order 

to learn a trade, art or profession. 

8. The term "Act", "The President", and "Administrator" as 

used herein shall mean respectively Title I of the National Industrial 

Recovery Act, the President of the United States, and the Administrator for Industrial Recovery. 

9. " Population " for the purposes of this Code shall be determined 

by reference to the latest Federal Census. 

ARTICLE III-HoURs 

1. Factory and construction employees, mechanical workers or 

artisans or other employees in the Industry, except as hereinafter 

provided, shall not be employed in excess of an average of forty 

( 40) hours per week in any four ( 4) weeks period or more than 

forty-eight ( 48) hours or more than six (6) days in any one (1) 

week. For the purposes of this Article III the first four ( 4) weeks 

period for such employment shall begin April 1st, 1934. The foregoing limitations as to hours of labor shall not apply to persons in a 

managerial, an executive or a supervisory or technical c~pacity and 

their respective staffs; to commercial traveling salesmen or watchmen, nor to employees engaged in em-ergency maintenance or repair 

work; nor to very special cases where restrictions of hours of highly 

skilled workers on continuous processes would unavoidably reduce 

production. No watchman shall be permitted to work in excess of 

fifty-six ( 56) hours in any one week. 

2. No employer shall work any accounting, clerical, or other office 

employees in the Industry more than forty ( 40) hours per week 

averaged over a period of five (5) weeks, nor more than forty-eight 

(48) hours in any one week, excluding the classes of employees 

referred to in the third sentence of paragraph 1 of this Article III. 

3. No employer shall knowingly permit any employee to work for 

any time which when totaled with that already performed with 

another employer, or employers, exceeds the maximum permitted 

herein. 

ARTICLE IV-WAGES 

1. The minimum wage that shall be paid by any employer to any 

factory, construction or other employee of this Industry in the labor 

operations directly incident thereto shall be not less than forty ( 40), 

cents per hour except that: 
238 

In the State of Louisiana, Tenne see, :-r orth Carolina, South 

Carolina Georgia, Alabama, Florida and M:ississippi the minimum 

rate for such workers shall be not le than thirty ( 30) cents per 

hour and jn Texas and Virginia not less than thirty-five (35) cents 

per hour. 

2. Accounting clerical and other office employees, mentioned in 

paragraph 2 of Article III hall be paid at not less than the following rates in citie of the sizes listed below and their immediate trade 

areas : 

500,000 population and more, not les than $15.00 per week. 

Between 250.000 and 500 000 population, not les than $14.50 per 

week. 

Between 2 500 and 250,000 population, not less than $14.00 per 

week. 

In towns of le s than 2,500 population all wao-es of such employees 

shall be increased by not less than twenty (20) per cent provided 

that this shall not require wages in exce of $12.00 per week. 

3. No employees of the clas e mentioned in paragraph 2 of Article 

III now receiving compensation at a rate in excess of the minimum 

provided in paragraph 2 of thi Article r\ next above, shall have 

their compen ation reduced on account of any reduction in the weekly 

hours of employment to conform with the requirements of paragraph 

2 of Article III. 

4. The provi ions in paragraphs 1 and 2 of this Article IV relating 

to rates of wages shall not apply to apprentices, office bo3 s and girls 

or me engers not exceeding five ( 5) per cent in number of the 

employees of any employer. 

5. The minimum wage that shall be paid to office boys and girls 

and messengers, shall be not le s than eighty (80) per cent of the 

minimum salary stipulated in paragraph 2 of this Article IV. 

6. ,vhere an employee total earning for the pay period including any earnings from piecework, divided by the total number of 

hours worked during such period, produce a result under the hourly 

wage established by the employer for aid employee, such earnings 

shall be adjusted to equal his e tablished hourly wage, and in no 

ca e hall any emplo3 ee engaged in piecework recei, e les than the 

minimum wage . tipulated in paragraph 1 of Article IV. 

7. The hourly wage rate or salary of all employees receiving more 

than the minimum rate or salary herein provided shall be eqnitably 

adju ted, if . uch adju tments have not already been made. All such 

adju tment shall be reported to the Code Authority. 

8. Any sy<;:tem of contracting shop work by ,Yhich an employee 

undertake to do a piece of work at a pecific price and engages 

other employees to work for him is prohibited by this Code. 

9. o distinction in rates shall be made bet"TT"een male and female 

employee where sub tantially the ame cla of work i performed, 

regardless of whether compensation is calculated on an hourly, 

weekly, monthly, or piecework basis. 

10. Nothing in this Article IV, except the limitation provided 

in Section 4 of this Article, hall apply to or affect any emplo3 ee 

apprenticed to any employer by an indenture made in pur:uance 

of the la" of any State of th€ United State", or by· a written 

contract under any apprentice 3 stem e tabli hed and maintained 
239 

by such employer, and copies 0£ any such contracts shall be filed 

with the Code Authority. 

11. A person whose earning capacity is limited because 0£ age or 

physical or mental handicap may be employed on light nonproduc- tive work at a wage below the minimum establishe l by this Code, 

but such wages shall not be less than eighty ( 80) per cent 0£ the 

minimum wage provided in paragraph 1 of this Article IV. 

ARTICLE V-GENERAL L ABOR PROVISIONS 

1. No employer shall employ any person under the age 0£ sixteen 

(16) years, or under the age of eighteen (18) years in any occupation 

hazardous in nature or dangerous to health. 

2. Pursuant to subsection (a) of Section 7 of the Act, the following 

provisions are contained in this Code: 

(a) Employees hall have the right to organize and bargain collectively, through repre entatives of their own choosing, and shall 

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

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

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

of collective bargaining or other mutual aid or protection. 

(b) 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 

0£ his own choosing. 

(c) Employers shall comply with the maximum hours of labor 

minimum rates of pay, and other conditions of employment approved 

or prescribed by the President. 

3. No employer shall reclassify employees or duties of occupations 

performed or engage in any other subterfuge for the purpose of 

defeating the provisions of the Act or of this Code. 

4. Every employer shall provide for the safety and health of 

employees during the hours and at the places of their employment. 

Standards for safety and health shall be submitted by the code 

authority to the Administrator within six month after the effective 

date of the code. 

5. No provi ions in this Code shall supersede any State or Federal 

law which imposes more stringent requirements on employers as. to 

age of employees, wages, hours of work, or as to safety, health, sanitary or general working conditions, or insurance, or fire protection, 

than are imposed by this Code. 

6. All employers shall post complete copies of thi Code in conspicuous places accessible to employees. 

ARTICLE VI-ORGANIZATION 

1. A Code Authority is hereby constituted to cooperate with the 

Administrator in the administration of this Code. 

(a) The Code Authority shall consist of seven (7) members of the 

Association together with one or more, but not more than three (3) 

non-voting appointees of the Administrator who shall serve without 

expense to the industry. l\1embers of the Association elected to the 

Code Authority shall be elected thereto, either prior to and in 
240 

contemplation of the approval of this Code or subsequent to its 

approval, by the active members of the Association at a meeting 

of such members to be called for such purpose, each member of the 

Association to have only one vote at such meeting. 

To the Code Authority as so constituted and e tabli hed the members of the Industry who are non-members of the Association may 

thereafter, if they so desire, elect either prior to and in contempla- tion of the approval of this Code or subsequent to its approval, not 

more than two (2) members by a method of selection approved or 

prescribed by the Administrator. 

(b) Each trade or industrial as ociation directly or indirectly 

participating in the selection or activities of the Code Authority 

shall (1) impose no inequitable re trictions on membership, and (2) 

submit to the Administrator true copies of its article of a socia- tion, by-laws, regulations, and any amendments when 1nade thereto, 

together with such other information as to membership, organization, 

and activities as the Administrator may deem nece sary to effectuate 

the purposes of the Act. 

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

representative of the Industry and in other re pects comply with the 

provisions of the Act, the Admini trator may provide uch hearings 

as he may deem proper and thereafter if he ·hall find that the Code 

Authority is not truly representative or does not in other respects 

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

modification in the method of selection of the Code Authority, or any 

sub-Code Authority. 

( d) 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, be liable 

to anyone for any action or omission to act under the Code, except 

for his own willful misfeasance or nonfeasance. 

POWERS AND DUTIES 

2. The Code Authority shall have the following powers and duties 

in addition to those provided el ewhere in this Code, to the extent 

permitted by the Act: 

(a) To adopt by-law and rules and regulations for its procedure 

and for the administration and enforcement of the Code, in accordance with the powers herein granted, and to submit the same to the 

Administrator for l.is approval together with true copies of any 

amendments or addition when made thereto, minutes of meetings 

when held, und such other information as to its activities as the 

Admini trator may deem neces ary to effect the purposes of the Act. 

(b) To obtain from members of the Industry for u e of the 

Code Authority, for the Administrator in the administration and 

enforcement of the Code, and for the information of the President, 

reports ba ed on perio ls of one month or multi1 le thereof, as soon 

as nece · ary readJu tment within the Industry can be made and to 

giYe as. ·i tance to m mbers of the Industry in improving methods, 
241 

or in prescribing a uniform system of accounting and reporting. 

All individual reports shall be kept confidential as to members of 

the Industry and only general summaries thereof may be published. 

( c) With the approval of the Administrator to receive complaints 

of violations of the Code, make investigations thereof, provide hearings thereon and adjust such complaints, and bring to the attention 

of the Administrator for prosecution, recommendations and information relative to unadjusted violations; but in no event shall the 

Code Authority instigate prosecution without notice to and approval 

by the Administrator. 

( d) To use such trade associations and other agencies as it deems 

proper for the carrying out of any of its activities provided for 

herein and to pay such trade associations and agencies the cost 

thereof, proYided that nothing herein shall relieve the Code Authority of its duties or responsibilities under the Code and that such 

trade associations and agencies shall at all times be subject to and 

comply with the provisions hereof. 

( e) To coordinate the administration of this Code with such other 

codes, if any, as may be related to the Industry, or any subdivisions 

thereof, and to delegate to any other administrative authority, with 

the approval of the Admini trator, such powers as will promote 

joint and harmonious action upon matters of common interest. 

(f) To secure an equitable and proportionate payment of the 

expenses of maintaining the Code Authority and its activities frorn 

members of the Indu try. The Code Authority may from time to 

time make such assessments on account of such expenses against the 

members of the Indu try as it shall deem proper and such assessments shall be payable as such Code Authority shall specify. The 

part of such expenses which shall be assessed against each member 

of the Industry shall be based on the proportion which the value 

of shipments of the products of the Industry of such member bears 

to the total value of shipments of the products of the Industry of 

all members of the Industry in the same current accounting period 

as determined by the Code Authority. 

(g) To cooperate with the Administrator in regulating the use 

of the N.R.A. Code Insignia solely by those employers who have 

assented to, and are complying with, this Code. 

(h) To initiate, consider and make recommendations for the modification or amendment of this Code. 

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

the Code Authority as set forth in this Article 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. 

(j) An appeal from any action by the Code Authority affecting 

the rights of any employer or employee in the Industry may be 

taken to the Administrator. 

(k) If the Administrator shall determine that any action of a 

code authority or any agency thereof may be unfair or unjust or 

contrary to the public interest, the Administrator may require that 

such action be suspended to afford an opportunity for investigation 

of the merits of such action and further consideration by such code 

authority or agency pending final action which shall not be effec-

... 
242 

tive unless the Administrator approves or unless he shall fail to 

disapprove after thirty days' notice to him of intention to proceed 

with such action in its original or modified form . 

.AnTICLE VII-U~FAIR PRACTICES 

On and after the effective date of this Code, the following practices are hereby declared to be unfair methods of competition and 

violations of this Code: 

1. To sell any product(s) or service(s) below the seller's cost 

of such product(s) or service(s). 

The Code Authority shall as soon as reasonably convenient determine a uniform method of cost accounting to be u ed in e timating 

costs for the purpose of this paragraph (1) upon the appro, al of 

such method by the Administrator. 

2. No member of the Industry shall secretly offer or make any 

payment or allowance of a rebate, refund, commis ion, credit, unearned discount or excess allowance, whether in the form of money 

or otherwise, for the purpose of influencing a sale. 

3. For any member of the Industry, which is a subsidiary or 

branch of a company engaged in the operation of rolling mills, to 

use, in the preparation of its estimate of co_t, a lower ba ic price 

for the steel entering into s3iid cost than the said rolling mill company would at the same time quote other members of the Industry. 

4. Making or causing or knowingly permitting to be made or 

publi hed any false, materially inaccurate, or deceptive tatement 

by way of advertisement or otherwise, whether concerning the grade, 

quality, quantity, substance, character, nature, origin, size, finish, 

or preparation of any product of the Industry, or the credit terms, 

values, policies, or services of any member of the Industry, or otherwise having the tendency or capacity to mislead or deceive cu tomers 

or prospective customers shall be an unfair method of competition. 

5. The specific mention of any particular unethical or unfair practice in this Article shall not be construed to prohibit the application 

of any of the general prohibitions of unethical practices included in 

this Code. 

ARTICLE VIII-l\1oNOPOLIES 

No provision of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, op}?ress, or discriminate 

again t small enterprises. 

ARTICLE IX-n1oDIFICATION 

1. This Code and all the provisions thereof are expressly made 

subject. to the right of the President, in accordance with the provisions of sub-section (b) of Section 10 of the National Industrial 

Recovery Act, from time to time to cancel or modify any order, approval, license, rule, or regulation issued under Title I of said Act 

and 1nodify his approval of this Code or any conditions imposed by 

him upon his approval thereof. 

2. This Code, except as to provisions required by the Act, may be 

modified on the basis of experience or changes in circumstances, such 
243 

modifications to be based upon application to the Administrator and 

such notice and hearings as he shall specify, and to become effective 

upon his approval. 

ARTICLE X-EFFECTIVE DATE 

This Code shall become effective on the second Monday after its 

approval by the President. 

ARTICLE XI-EXPIRATION DATE 

This Code shall cease to be in effect at the expiration of two years 

after the date o:f enactment o:f the Act, or sooner if the President 

shall by proclamation or the Congress shall by joint resolution declare that the emergency recognized by the Act has ended. 

Approved Code No. 390. 

Registry No. 1144-1---01. 

0 


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