Approved Code No. 192 Registry No. 1128-06

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

CAST IRON PRESSURE PIPE

INDUSTRY

AS APPROVED ON DECEMBER 30, 1933

BY

PRESIDENT ROOSEVELT

R.

MEMBER

U.S.

WE DO OUR PART

1. Executive Order

2. Letter of Transmittal

3. Code

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

- Price 5 cents For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - -
This publication is for sale by the Superintendent of Dwcuments, 

Printing Oflice. Washing. I.('.. an1d1 bv dktrict offices of th

Bo

Foreign and I D imestir 'omIm nerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 'ost Otlice Building.

Birmingham, Ala.: 257 Federal Building.

Boston, Mass.: 1801 Customhouse.

Buffalo, N.Y.: Chamber of Commerce Building.

Cha rleston, S.C.: Chamber of Commerce Building.

Chicago, Ill.: Suite 1706, 201 North Wells Street.

Cleveland, Ohio: Chamber of Commerce.

Dallas, Tex. : Chamber of Commerce Building.

Detroit, Mich.: 2213 First National Bank Building.

Houston, Tex.: Chamber of Commerce Building.

Indianapolis, Ind.: Chamber of Commerce Building.

Jacksonville, Fla.: Chamber of Commerce Building.

Kansas City, Mo.: 1028 Baltimore Avenue.

Los Angeles, Calif.: 1163 South Broadway.

Louisville, Ky.: 408 Federal Building.

Memphis, Tenn.: 229 Federal Building.

Minneapolis, Minn.: 213 Federal Building. New Orleans, La.: Room 225-A, Cuistomhouse.

New York. N.Y.: 734 Customhouse.

Norfolk, Va.: 406 East Plume Street.

Philadelphia, Pa.: 933 (Commercial Trust Building.

Pittsburgh, Pa.: Chamber of Commerce Building.

Portland, Oreg.: 215 New Post Office Building.

St. Louis, Mo.: 506 Olive Street.

San Francisco. Calif.: :10 Customhouse.

Seattle, Wash.: 8119 Federal BuildinI.
Approved Code No. 192

CODE OF FAIR COMPETITION

FOR THE

CAST IRON PRESSURE PIPE INDUSTRY

As Approved on December 30, 1933

BY

PRESIDENT ROOSEVELT

Executive Order

An application having been dul made, pursuant to and i

compliance with the provisions of Title I of the National Ind

Recovery Act, approved June 16, 1933, for my approval of 

of Fair Competition for the Cast Iron Pressure Pipe Indust

hearings having been held thereon and the Administrator h

rendered his report containing an analysis of the said Code F

Competition together with his recommendations and finding

respect thereto, and the Administrator having found that t

Code of Fair Competition complies in all respects with the pe

provisions of Title I of said Act and that the requirements of 

(1) and (2) of subsection (a) of Section 3 of the said Ach

been met:

NOW, THEREFORE, I, Franklin D. Roosevelt, Presid

the United States, pursuant to the authority vested in me by T

of the National Industrial Recovery Act, approved June 16

and otherwise, do approve the report and recommendation

adopt the findings of the Administrator, and do order that t

Code of Fair Competition be and it is hereby approved. Approval THE 29278--2UG-108- TUoir WHITE December recommended: S. HOUSE Jo1Nso Admninist'ator. 30, 'N,1933. (579) FRANKLIN D. ROOSEVE
LIIEEBFjR 

The PRESIDENT,

The White House.

Sii: This is a report on the Code of Fair Competition p

for the Cast Iron Pressure Pipe Industry, and on the he

ducted thereon in Washington, D.C., on October 9, 1933. i

ance with the provisions of the National Industrial Rec

A

PID)VisIoNS OF THE CODE As To WAWs AND HOUR

The Industry proposes a 36-hour week for prOdUCtiOn 

with an allowance for peak demands of 45 hours per w

weeks in any 6-month period. Time and one half the re

r

is to be paid for work in excess of 36 hours per week or o

and holidays, except that emergency, repair, and mainte

ployees may work on any days up to 36 hours per wee

overt ime.

Police enplovees may work up to 40 hours per week ave

a 1-month period, but shall not work on more than 27 da

i

31-day period.

Watchmen and firemen may work not more than st6 hon

days in any period of 7 days. While an 8-hour day is no

r

by the Code. the principle of the 8-hour day is recognized b

ment therein.

A minimum wage is provided of 35 cents per hour in the N

30 cents per hour in the South, to apply to all except office 

annuated employees. These minimum wages are the high

it

history of this Industry. A limited number of office boys 

and superannuated employees may be paid not less than 8

t

stated minima. Other office empl()yees shall be paid not l

t

$15.00 per week.

Wages above the minima are to be equitably adjusted.

Child labor is prohibited, and no person under the age o

P

y

may be employed in a hazardous occupation.

GENERAL STATEMENT

This Industry has been established since 1815, and ther

n

5 producing areas in the United States. Its product is us

l

in the distribution systems of water and gas utilities, an

im

of tion reC0,Vized under residential by placed the piblic-service was fact rigid untilat that associations. sections its spring specifications peak. under corp create or about orations. municipal sinner, Due a adopted 1,500,000 demand to (580) the Inbudgets climatic conditions, laying 1927. by for tlls individual orders water whenwere of pipe rsidential and produced, for is custommaterigas seasoand ibrnNv
581

$65,550,000. In recent years construction has declined sharpl

a corresponding decrease in production in this Industry. Th

is clearly shown in the following figures siibinitted by the In

Product

net ton

1925____- --- _- _------- -- ------- -_ _---- __-- 1,4 14, 2

1926-- .---- ------------ -----.----- ----------- ___ 1, 555, 9

1927-_-__-__------ -------- ---- ----------- _- ----- 1, 490, 5

1928 --- __ --- -1-- _ ---- _ _ ---- _-- 1 371, 1 

19,29__ -------------------- - - -------------------- 1, 2 9'3, 10 6

1931------------------------------------------------- 945,i3

1932_- --- -------------- -- ----------- - - --- - 409,9

Pertinent figures with respect to employment are submitted b

t

Industry, as follows:

Number of Minimum Average E

employees wage per hours per w

p

hour week r

1926.- ------ -------------------------------------- 13,902 $0.307 54.2 

1929-------------------------------------------- 11,093 .307 49.6 2

1930-------------- ------------------------------ 10,431 .307 46.8 2

1933, March-------------------------------------- 4,648 .261 28.1 5

1933, September----------------------------------- 5,962 A31 28.1 7

47

As a result of operating under this Code, it is estimated b

t

Industry that (1) 1280 additional employees will be given 

ment, and that (2) the increase in minimum wages, the adju

of wages above the minima and the increased number of em

will result in adding $952,124 yearly to the buying power of t

ployees in this Industry. These figures are based upon oper

the present rate of production, which is about 20% of normal

i

anticipated that as general economic conditions improve and p

tion is increased there will be a material increase both in the p

r

and the number of employees in the Industry.

The Deputy Administrator finds that:

(a) The Code as recommended complies in all respects w

t

pertinent provisions of Title I of the Act, including, without 

tion, subsection (a) of Section 7 and subsection (b) of Sec

thereof; and

(b) The applicant group imposes no inequitable restricti

admission to membership therein and is truly representative 

t

Cast Iron Pressure Pipe Industry; and that

(c) The Code as recommended is not designed to promote m

lies or to eliminate or oppress small enterprises and will not 

to discriminate against them, and will tend to effectuate the p

Title I of the National Industrial Recovery Act.

Industrial and Fair I Accordingly, believe to C(ompetition Respectfully, the Public, Recovery that I the recomnnend for and Code Act. the within Cast as proposed the the Iron approval intent PI'res.lre is and purpose fair HUGH of Pipe to this Industry, S. proposed Industry. AdIn JoHNSONof the in to xtNL
CODE OF FAIR COMPETITION

FOR THE

CAST IRON PRESSURE PIPE INDUSTRY

ARTicu: I-PURPosES

To effectuate the policies of Title I of the National I

Recovery Act, the following provisions are established 

of Fair Competition for the Cast Iron Pressure Pipe Ind

upon approval by the President, shall be the standards o

petition for such Industry and shall be binding upon eve

m

thereof.

AwrICLE II-I)EFI.NITION OF TER MS

The term *'the Industry" means and includes the joi

b

of both (a) producing and (b) selling in the United S

i

possessions cast iron pressure pipe and fittings for the con

liquids and gases, except the production and/or manufact i

articles when produced or manufactured by a manufactu

u

in his own finished product.

The term " Institute "means Cast Iron Pressure Pipe I

unincorporated association.

The term "'Member of Industry " means and includes b

limitation any individual, partnership, receiver, firm, 

trustee, corporation, or other entity engaged in the Indust

The term " Employee " as used herein includes any and 

p

engaged in tlhe Industry, except a member of the Industr

h

compensated.

The terms " President ", "Act ", and "Administrator 

u

herein shall mean, respectively, the President of the Uni

Title I of the National Industrial Recovery Act, and the A

tor for Ind ustrial Recovery.

A wu : III-REGoUrLIONS OF HOURS OF WORK

S :CT io N 1. No employee, except office employees, outsid

and employees in executive, managerial, or supervisory 

who are paid at the rate of more than one hundred and fi

soual plove(l paid at six for ($150.00) Si'c. six (36) demands 2. the (6) ill hours No peri executive. rate weeks office month, frty-five of per in mwore employee, week any I shall I Ima than six ; (40) provided, be erial. (6) one except permitted hours (5824 months' hundred or may outside siperVisory however, to period. be and work worked salesmen and fifty to in capacitiemeet dollars excesin aiipetwt
583

per month, shall be permitted to work in excess of forty (4h

per week averaged over a calenda r month.

SEC. 3. No employee, except office enIployecs, outside sales

employees in executive, managerial, or supersory capacities w

paid at the rate of more than one himndred a ind fifty dollars (

per month, shall be paid less than one and one half times his n

rate for work on Sundays. national legal holidays, or for work b

thirty-six (36) hours per week, provided, that employees 

gency, mainteinance, or repair work shall be paid their nor

r

for work on Sundays and national legal holidays unless su

is beyond thirty-six (3(6) hours per week.

S c. 4. No employee shall be permitted to work more than f

days in any seven (7) day period except office employees, 

salesmen, employees in executive, managerial, or supervisory 

ties who are paid at the rate of more than one hundred a

dollars ($150.00) per month, and employees on emergency

m

tenance, or repair work. These excepted employees shall n

b

permitted to work on more than twenty-seven (27) days i

thirty-one (31) day period.

SEc. 5. The above regiulations of hours of work do not 

t

watchmen or firemen. These employees shall not be perm

t

work in excess of fifty-six (56) hours during six (6) day

i

seven (7) day period.

SEC. 6. The Industry recognizes the desirability and acc

t

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

sonably can the Industry will endeavor to employ its l

that basis.

ARTICLE I--MINIMUM WAG E Rres

SECTIoN 1. No employee except office and superannuated em

shall be paid less than thirty-five cents (35#) per hour in th

N

or less than thirty cents (30#) per hour in the South. The 

i

defined as the States of Virginia, North Carolina, South C

Georgia, Florida, Alabama, Mississippi, Tennessee, Louisi

Arkansas. The North comprises all other States.

SEC. 2. Office employees shall not be paid less than fifteen 

($15.00) per week; provided, however, that office boys and g

m

be paid not less than eigrhty percent (80% ) of such minimum

w

but the number of such office boys and girls at any one p

employment shall not exceed five percent (5% ) of the total n

of employees at such place of em-ployment.

SEC. 3. Superannuated employees shall not be paid less tha

percent (80%) of the minimum wage; provided, however, t

total number of such employees shall not exceed two perce

of the total employees during the same period,. except in idl

p

tion equitabl sinceubsequent wages incrases made SEC. be May required 4. y decreased. The readjusted 1, to 1933, the differences since to effective they be Where May and filed shall in 1, date under such 1933. no hourly be case made ofjustments this this rates shall rates on Code Code. or for before shall all have for The operations contain fifteen th not first sambeere(1bm
584

AwrICLE V--GEINERAL LABOR PRoVIsIONS

PROIIIBITION OF CHILI) LABOR

SECTION 1. On and after the effective date employers i

t

dustry shall not employ any minor under the age of sixte

y

provided that no person under the age of eighteen years b

employed in any operation that might be termed hazard

provided further that where a State law specifies a higher m

age no person below the age so specified shall be employe

that State.

PROVISIO NS FROM THiE ACT

SEc. 2. The menibers of the Industry will comply with th

f

ing specific provisions of the National Industrial Recover

A

(a) That employees shall have the right to organize and b

collectively through representatives of their own choosing, 

be free from the interference, restraint, or coercion of emp

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

self-organization or in other concerted activities for the p

collective bargaining or other mutual aid or protection.

(b) That no employee and no one seeking employment 

b

required, as a condition of employment, to join any compa

u

or to refrain from joining, organizing, or assisting a labor 

tion of his own choosing, and

(c) That employers shall comply with the maximum h

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

approved or prescribed by the President.

SEc. 3. Within each State this Code shall not supersede 

l

of such State imposing more stringent requirements on e

regulating the age of employees, wages, hours of work, or he

f

or general working conditions under this Code.

Skc. 4. Each employer shall post in conspicuous place

i

foundry all of the labor provisions of this Code.

SEc. 5. This section establishes a minimum rate of pay w

apply irrespective of whether an employee is actually com

on a time rate, piecework, or other basis.

Sr(C. 6. No employer shall reclassify em plovees or duties 

pations performed, or engage in any other subterfuge for t

p

pose of defeatin, the purposes or provisions of the Act o

t

Code.

AlmicLE VI-0WANizATION, POw'E{S, AND DUTIE OF 

A uTITOIIITY

trator Pressure sit tor ofnated tree SECTION Control at, and (3) all to as who adiniiiister Pipe metings a represe 1. of Plannintg shall To theIniidustr effect ntatiVes have Cast of this the iate y. and no Iron Code who Board vote, In further Fair lPes-uIre addition may and Practice of the be shall Control. to Pipe there appointed policies cooperate be Agency Institute given may The of by he with the notice of. for Board from the i'- Act, the the hereAdootCBAIti
585

shall consist of the representatives of the members of the I

as provided for in the By-Laws of the Institute. The B

Control shall from time to time present to the Adninu

recommendations based on conditions in their Ind(Ustry 

t

may develop from time to time which will tend to effectut

operation of the provisions of this Code and the policy of the N

Industrial Recovery Act.

SEC. 2. In addition to information required to be submt

the Board of Control, there shall be furnished to gove

agencies such statistical information as the Administrator ma

necessary for the purposes recited in Section 3 (a) of the N

Industrial Recovery Act.

SEc. 3. The Board of Control is also designated to cooperaw

the Administrator in making investigations as to the function

observance of any provisions of this Code, at its own instanc

complaint by any person affected, and to report the same t

Administrator. The Board of Control shall collaborate w

t

members and from time to time, when necessary, shall advist

concerning their production, subject at all times, however, t

supervision and control of the Administrator.

SEc. 4. This Code and all the provisions thereof are ex

made subject to the right of the President, in accordance w

t

provision of section 10 (b) of the National Industrial Recove

A

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

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

to the right of the President to cancel or modify his approval 

t

Code or any conditions imposed by him upon his appoval the

SEc. 5. Sich of the provisions of this Code as are not requ

t

be included herein by the National Industrial Recovery Ac

m

with the approval of the President, be modified or elimin

changes in circumstances or experience may indicate. It is c

plated that from time to time supplementary provisions to th

or additional codes will be submitted for the approval of the P

dent to prevent unfair competition in price and other unfair 

structive competitive practices and to effectuate the other p

and policies of Title I of the National Industrial Recove

A

consistent with the provisions thereof.

SEC. 6. (a) The Board of Control shall have power to r

each member of the Industry to furnish such information c

ing the cost, production, shipments, sales, unfilled orders, 

i

ventories of finished products of such member and the h

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

t

plant of such member and all other information deemed ne

by the Board of Control in order to effectuate the purposes 

t

of constitute of Act, Code pealing all member (b) three any such unless and All to neniber Certified of information the a the information the a violation policy member Administrator. Industry of Public the of of tois Title Industry furnished this be Accountants, excused may certified Code. I be of The to subject in the to furnish Board any as theNational or it to specific by Board shallof verification such acountants Control Industrial of prescribe. instance upinformatioControl may by hav

R

arFbt
586

equivalent iii quaI lifications and ability of the Certified P

A

countatits., provided, however, as to any service to be p

in anly particilar State or governmental subdivision of t

U

States, such accounitants in any event shall have the qu

required by law in such State or governmental subdivis

t

United States for the performance of such service, des

b

the Board of Coutrol. Tie member under investigation 

h

the ri4ght of choice .1mon such three accountants, such 

t

be exercised within five (5) days of notification by the B

Control.

Svc. 7. No inequitable restriction shall be imposed upo

m

ship in the Institute, and there shall be no material cha

it

Constitution or Bylaws of the Institute or its successor w

t

approval of the Adninistrator.

Si-. s. All expenses incurred by the Board of Control i

isteringr this Code shall be borne by the members of th

I

and , hall be apportioned among them by the Board of C

u

an equiiitable basis as approved by the Administrator. T

apportioned froimI time to time against any member shall b

and payable by such member within thirty (30) days aftn

tionl by the Board of Control.

SEc. 9. Upon the termination of this Code all unpaid i

curred by the Board of Control shall be apportioned by t

B

of Control among the members of the Industry and the 

portioned to each nmmber shall become immediately due ap

by such member.

S:C. 10. Any action taken by the Board of Control or o

within the Industry relative to the administration of thi

cept where otherwise specifically provided in this Code mit

discretion of the Board of Control or such other grou

b

imitted to the Administrator for approval and shall in b

subject to the disapproval of the Administrator.

SEC. 11. In order that the Board of Control shall at a

tb

truly representative of the Industry and in other respe

with the provisions of the Act, the Administrator may p

hearings as he may deeni proper; and thereafter if he sha

ft

the Board of Control is not truly representative or does n

i

respects comnply with the provisions of the Act, may r

appropriate modification in the method of selection of th

B

Control, or any sub-Board of Control.

ArTICE: Vi I-U7NFAIR ME'FHODS OF COMPETITIO

To accomplish the p)rj0pose coitemplated by the Act. th

f

practices are hereby declared to be unfair methods of com

Industry product vided pp light area.instances (a) below as weight further To defi (ast specifically quote, cost a reasonable ed piperice that in in offer their paragraph made below foundries authorized for cost home in hissale, is accordance reasonable marketking pit-cast (j) hereinafter or of by sell this area the within F.O.B. with Article, defined), to Board meet Fderal his ppe foundry any of own the may excepConcomproSphocmtiPp
587

W.W.P. 421 and W.W.P. 423, except that such foiiiidries m

n

sell pit-cast pipe at a price below a figure obtained by isling th

thereof per net ton, reduced to a cost per pound and iiiult p

such cost per pound by the weight in pounds per foot of li(rlt

pipe. For the purpose of determining the reasonable cost 

t

products of an individual member of the Industry. the fo

method shall be used: Include the cost of direct amd iii(irec

l

plus a reasonable amount per ton to cover some ciarge f

items as administration, selling, depreciation. obsolesceiic

power; plus the cost of miscellaneous materials such as cok

limestone, etc., F.O.B. foundry; plus the cost of metal pet- i

t

in finished products. To determine the cost per net toii o

m

there shall be used the replacement cost F.O.B. foundry l

dollar and fifty cents ($1.50), of Number 2 foundry pig ip

gross ton as quoted in The Iron Age at the time of sale or qu

of the finished product. The cost of items such as the fo

shall be excluded: Research, development, publicity, i

charges, and servicing of employees. The accounting practic

u

for determining costs as above by individual members of the I

try shall be approved by the Board of Control and subject

supervision and disapproval of the Administrator. Infor

furnished to the Board of Control shall be certified by a 

public accountant or by an accountant having the equiva

i

qualifications and ability of a certified public accountant; pr

however, that as to any service to be performed in any pa

State or governmental subdivision of the United States, s

countant in any event shall have the qualifications required b

l

in such State or governmental subdivision of the United St

the performance of such service. For determining cost F.O.B

f

dry of finished products where a delivered price is involv

t

actual cost of transportation on a net-ton basis shall be deduc

(b) To give or accept secret rebates, refunds, allowan

unearned discounts directly or indirectly in connection w

work performed.

(c) Disseminating any false or misleading information r

to any product or price for any product of any member of t

I

dustry. or the credit standing or ability of any member the

t

perform any work, to manufacture or produce any product, 

r

tive to the conditions of employment among the employees 

member thereof.

(d) Making or giving to any purchaser of any produ

guaranty or protection in any form against decline in the m

price of such product.

(e) To sell or offer for sale any product except on standar

t

of payment, which are net cash within thirty (30) days fro

or on member respect terms basedof payment sight invoice past-due thereon are to shall draft within interest when or accounts waive specifically one against ten specification half as interest (10) a shall bill of comipetitive days provide onef be nor lading. six from percent from proposal willingly other percent fator. dae The terms. oform make (6%) standard invoice, Exceptions net and any per foundry cash contract concessirate annum to thwithof prin
588

(f) To state in any invoice of aiiy product a date other t

date of actual shipment.

(g) To agree to allow anything other than the replacem

of defective material. unless in a special case approved by th

B

of Control.

(11) Makiiig a ny- sale or contract of sale of any produ

u

any description which does not fully and correctly desc

product ini terms ciistoimarily used in the Industry.

(i) The Imiakino, or caulsing, or permitting to be made or p

-ily false or decepltiVe statement by way of advertisement 

wiSe. ioncerning the substance, grade, quantity, size, quality

or preparation of any product of the Industry having the t

and capacity to iislead or deceive puirchiasers or prospec

p

chasers.

(j) The quoting of F.O.B. foundry prices for distant m

lower than those quoted for home markets is destructive 

business and is unfair competition. A producer shall no

or indirectly sell or offer for sale the product of a foundry ou

t

home inarket " of that foundry (as the term " home m

i

hereinafter defiiied ) at a price F.O.B. foundry less than the 

"home markett" price F.O.B. the same foundry as sold o

over a period of fifteen (15) days next preceding such sale 

for sale, except in special instances specifically authorize

bt

Board of Coittrol. For determining the price F.O.B. found

w

a (lelivered price is involved the actual cost of transportat

a

net ton basis shall be deduicted.

The State> of Maine. New Hanmpshire. Vermont, Mass

Connect Hiit. Rhode Island, New York, Pennsylvania, New J

Delaware. Maryland, and the District of Columbia shall 

the -lwilie market" of all foundries located within said 

States. The "home iuarket " of foundries located in Sta

thnii tIe foregoinga States shall be the territory comprisin

tr

imainder of the United States.

Prov i ded. that when a neiber operating oine or more foun

i

both of said areas obtains in order in one of said areas thro

of its fou Idrvies located ill that area ain( at prices in co

with the requ ireim ents of paragraph (a) of this Article, such m

Inlay ill Iwli order firoi amy other of its foundries rega

location.

(k) For a ieinber of the Industry to make a request, app

or attemipt. directlyy or indirectly, to change the railroad r

n

established by the Interstate Connerce Conunission betwee

r

nized railroad territories such as Official, Southern, lWes

their siibdivisios, unless such member shall previously giv

notice to all otler m111cllber' of the Iniidustry and to the 

of Code of Noth)inig the any the Authority Code Institute. other contained Authority member, patners in officer, be this liable for A ("ode wimrn agent, any inany ' lall purpose. or VIII employee manner constit Nor uteo of the anyone shall the mneiieC(ode anyfotnA
589

ity. Nor shall any member of the Code Authority be liable to 

for any action or omission to act Imder the Code, except for h

willful misfeasance or nonfeasance.

A WIi(,E I X-MON(r s, ETC.

No provision of this Code shall be interpreted or applied in 

manner as to promote monopolies, permit or encourage unfai

petition, eliminate. oppress, or discriminatee against small ente

ARTICLE X-EFFECTIVE DATE

This Code shall become effective at 12: 01 A.M. on th

Monday after its approval by the President.

Approved Code No. 102.

Registry No. 1128-00.

0

s

e
UNIVERSITY OF FLORIDA

3 1262 08856 0478