Approved Code No. 233 Registry No. 1414-03 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

RAILWAY BRASS CAR f\.ND 

LOCOMOTIVE JOURNAL BEARINGS 

AND CASTINGS MANUFACTURING 

INDUSTRY 

AS APPROVED ON JANUARY 29, 1934 

WE DO OUR PARl 

U.S. DEPOstTOrfr 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1934 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 

v 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Wa hington, D.C., and by district offices of the Bureau of 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

Bufralo, N.Y.: Chamber of Commerce Building. Charleston, 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.: 801 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, Calit.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. · Memphis, Tenn. : 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

New Orleans, La.: .Room 225-A, Customhouse. 

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa. : 422 Commercial Tru t Building. 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo. : 506 Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 233 

CODE OF FAIR COMP ETITION 

FOR THE 

RAILWAY BRASS CAR AND 

JOURNAL BEAR I N GS AN D 

MANUFACTURING INDUSTRY 

LOCOMOTIVE 

C A STINGS 

As Approved on January 29, 1934 

ORDER 

APPROVING CODE OF FAIR COMPETITION 

F OR THE 

RAILWAY BRASS CAR AND 

JOURNAL BEARIN GS AN D 

MANUFACTURING INDUSTRY 

LOCOMOTIVE 

CASTINGS 

An applica6 on having been duly made pursuant to and in full 

compliance with t he provisions of Title I of the National I ndustrial 

R ecovery Act, approved June 16, 1933, for approval of a Code of 

F air Competition for the Railway Brass Car and Locomotive Journ al Bearings and Castings Manufacturing Industry, and hearings 

having been duly held thereon and the annexed report on said Code, 

containing findings with r espect ther eto, having been made and 

directed t o the President : 

NOW , THERE FORE, on behalf of the President of the United 

States, I , H ugh S. Johnson, Administrator for I ndustrial 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 r eference said 

annexed r eport and do find that said Code complies in all respects 

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

of Fair Competition be and it is hereby approved, subject to the 

following condition: 

36417 °----313-142----34 (511) 
512 

(1) That the By-Laws of the Association of ~1:anufacturers of 

Railway Brass Car and Locomotive Journal Bearings and Castings 

shall be changed in accordance with the report of the Legal Division 

dated De ember 20 1933 within thirty (30) day of approval. 

Approval recommended: 

MALCOLM MUIR 

HUGH s. JOHNSON 

Achninistrato1· fo1' Industrial Recove·ry. 

Division A dmini t1·ator. 

WASHINGTON, D.C., 

January 29, 1934. 
The PRESIDENT, 

The White House. 

Srn: This is a report on the Code of Fair Competition proposed 

for the Railway Brass Car and Locomotive Journal Bearings and 

Castings Manufacturing Industry, and on the hearing conducted 

thereon in Washington, D.C., on December 6, 1933, in accordanca 

with the provisions of the National Industrial Recovery Act. 

RESUME OF LABOR PROVISIONS 

The Code provides a normal work day of eight (8) hours for all 

employees and no employee shall work in excess of forty ( 40) hours 

per week, except that during peak production periods employees may 

work not to exceed forty-eight (48) hours per week for not more than 

four ( 4) weeks in any six ( 6) months' period. Time and one hal£ 

shall be paid for work in excess of eight (8) hours per day or forty -

( 40) hours per week. 

No employee shall be paid less than at the rate of forty ( 40 ) cents 

per hour in the North and thirty-two (32) cents per hour in the 

South. These minimum wages shall apply to common labor; other 

classes of labor, including piece workers, shall be compensated at rates 

above these minima. Office employees shall be paid not less than fifteen dollars ($15.00) per week, except that a limited number of office 

boys or girls may be paid not less than twelve dollars ($12.00) per 

week. 

There are no female production employees, and no person under 

eighteen (18) years of age may be employed in the Industry. 

GENERAL STATEMENT 

This Industry is engaged in the manufacture of brass and bronze 

steam and electric locomotive and railway car journal bearings and 

castings. It includes the relining of worn journal bearings and 

castings. The members of the Association of Manufacturers of Railway Brass Car and Locomotive Journal Bearings and Castings, the 

applicant group, manufacture ninety-seven percent (97% ) of the 

products of the Industry which are sold to customers. 

The following statistics indicate the 1nagnitude and the condition 

of the Indu try: 

1929 1932 

Invested capitflL __ ____ ____________________________________________ _ $20,828, 328 $18,226,763 

Sales __________________ __________________________ __________________ _ $37,161,761 $7,307,159 

Sales ____ ________________ __________________________________ tonnage __ 1 6, 246, 8 2 85, 252, 360 

Number employees__________ _________ ________________ ___ ___ ________ 2, 609 1, 672 

Average monthly pay roll_ ___ ______________________________________ $312,490 $159,344 

Minimum wage, North____ ___________ _____ ____ ______ _____________ __ 0. 40 0. 35 

Minimum wage, South______ ________ _______ ____ ______ ___ _____ ____ __ 0. 25 0. 20 

Maximum hours _________ _______ __________ ______ __ ------------______ 52 62 

(513) 

August 

1933 

$19,862,640 

$1,642,021 

13,100,000 

2,100 

$215,816 

0.40 

0.30 

40 
514 

It is estimated that operations under the Code will effect an 

increase over the figures for 1932 of approximately twenty-three 

percent (23 %) in the number of employees and of eighteen percent 

(18%) in the total pay rolls. 

FINDINGS 

The Deputy Aclmini tra tor in his final report to me on said Code 

having found a herein set forth and on the ba i of all the proceedings in this matter; 

I find that: 

(a) Said Code i well designed to promote the policies and purpo es of Title I of the National Indu. trial Recovery Act, including 

removal of ob truction to the free flow of int-erstate and foreign 

commerce which tend. to dimini h 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 unctions and supervision, by elim-

- inating 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 increa ing the consumption of indu trial 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 i not classified by me as a major industry. 

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

and Subsection (b) of Section 10 thereof; and that the applicant 

group is an industrial group truly representative of the aforesaid 

Industry; and said group imposes no inequitable restrictions on 

admis ion to member hip therein. 

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

or monopolistic practices. 

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

small enterprises and will not operate to discriminate against them. 

(f) Those engaged in other steps of the economic proce s have 

not been deprived of the right to be heard prior to approval of 

said Code. 

For these reasons, therefore, I have approved thi Code, subject to 

the following condition: 

(1) That the By-Laws of the Association of Manufacturers of 

Railway Brass Car and Locomotive Journal Bearings and Castings 

shall be changed in accordance with the report of the Legal Division 

dated December 20, 1933, within thirty (30) day of a.pproval. 

Respectfully, 

JANUARY 29, 1934. 

HUGH S. JOHNSON, 

Administrator. 
CODE OF FAIR COMPETITION 

RAILWAY BRASS 

BEARINGS AND 

INDUSTRY 

FOR THE 

CAR AND 

CASTINGS 

LOCOMOTIVE JOURNAL 

MANUFACTURING 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

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

Fair Competition for the Railway Bra s Car an l Locomotive tJournal Bearings and Castings Manufacturing Industry, and upon approval by the President shall be the standard of fair competition for 

such Industry and shall be binding upon e,rery member thereof. 

ARTICLE II-DEFINITIONS 

The term "Industry" as used herein n1ean and inc.ludes the 

business of producing in the United States, 

(1) Brass and/or bronze 

(a) wearing metal castings 

(b) st€am metal castings 

(c) journal bearings, lined or unlined 

all for steam and electric railroad cars and lo2omotives (except as 

produced by a company engaged in building locomotive, in plants 

where such locomotives are built, and except rough castings for street 

railways); the term shall include such related branche or ubclivisions a may from time to time be included under the provisions of 

this Code by the President after such notice and hearing as he may 

prescribe. The production of such ca tings consists principally of 

the conversion of scrap metals of the railroad ' own accumulation 

supplied to the "members of the indu. try " for conversion into castings as above defined and the relining of wearing metal castings 

removed from ervice by the railroads and upplied to the" members 

of the industry " for that purpose. 

The term "l\lember of the Industry " includes, but without l:unitation, any individual, partnership association, corporation or 

other form of enterprise engaged in the Indu try either as an employer or on his or its own behalf. 

The word 'Association" as hereinafter used, means the Association of Manufacturers of Railway Bra Car and Locomotive Journal Bearings and Castings, Room 721, 80 East Jackson Boulevard, 

Chicago, Illinois.* 

• See section 1 of paragraph 2 of order approving this Code. 

(515) 
516 

The term "Employoe" as u ed herein means and includes any 

and all per ons engaged in the Industry however compensated, 

except a member of the Industry. 

The term Employer' as used herein includes anyone by whom 

such employee is compen ated or employed. 

The terms "President" "Act ' and "Admini trator" as used 

herein, shall mean re pectively ' the ' President of the l: nited ' States1 the National Industrial Recovery Act, and the Admini trator ot 

Title I of said Act. 

ARTICLE III-HoURs 

SECTION 1. Maximum hou1·s.-N o employee shall be permitted to 

work in excess of forty (40) hours in any one week or eight (8) 

hours in any twenty-four (24) hour period beginning at midnight, 

except as h rein otherwise provided. A normal work day shall not 

exceed eight ( 8) hour . SEc. 2. The provision of this Article shall not apply to traveling 

salesmen or to persons em.ployed in a managerial or executive capacity who earn not less than $35.00 per week. 

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

for any time which, when totaled with that already performed with 

any other employer or employers in the Indu try, exceeds the 

maximum permitted herein. 

SEc. 4. The maximum hours fixed in Section 1 of this Article shall 

not apply to any employee on emergency maintenance or emergency 

repair work involving break-downs or protection of life or property, 

but in any uch special case at lea t one and one half (11/ 2 ) times 

the regular rate hall be paid for hour worked in ex e s of the 

maximum provided in Section 1. 

SEc. 5. The maximum hours fixed in Section 1 of this Article shall 

not apply for four ( 4) weeks in any twenty-six (26) weeks' period, 

during '"hich overtime shall not exc ed eight ( ) hour in any one 

week. In any such pecial ca e, at lea t one and one half (11/2 ) 

times the regular rate hall be paid for hour worked in exces of 

eight (8) hour in any twenty-four (24) hour period, or in exc s 

of forty ( 40) hour in any seven (7) day period. 

SEc. 6. '' atchmen hall not be permitted to work in exce s of 

fifty- ix (56) hours per week. 

SEo. 7. The maximum hour fixed in Section 1 of thi Arti le 

shall not apply to melter , engineer , and firemen who may be permitted to work not in exce. of one (1) hour per day above the 

maximum hour fixed in Section 1 of this Article, provid d that 

at lea t ne and one half (11/2 ) time the regular rate hall be paid 

for hour worked in exce of the maximum provided in Section 1. 

ARTI LE IV-W A E 

SEcTI 1. aJinimton 1r ages.-N o mployee hall be paid in any 

pay period le s than at the rate of forty ent ( 40¢) per hour in th 

North and thirty-two cent. (32 ) per hour in the South exc pt a 

otherwi e herein proYided. These minimum wag hall apply to 

co1nn1on labor; other cla of labor, including piece worker , shall 
517 

be compensated at rates above these minima. The South is defined 

to mean the States of North Carolina, South Carolina, Georgia, 

Florida, Alabama, Tennessee, Arkansas, Mississippi, and Louisiana .. 

In the States of Virginia, Texas, and Oklahoma the minimum rate 

shall be thirty-five cents (35¢) per hour. The North comprises all 

of the United States not named above. 

SEc. 2. No person employed in clerical or office work shall be paid 

le than $15.00 per week. 

(a) Provided, however, that office boys or girls may be paid not 

les than 80% of such minimum wage, but the total number of such 

office boys or girls at such reduced rate shall not exceed in any calendar month five ( 5) percent of the total number of all employees 

covered by the provisions of Section 2 of this Article, provided that 

each such employer may employ one office boy or girl. 

SEc. 3. This Article establishes a minimum rate of pay which 

shall apply, irrespective of whether an employee is actually compensated on a time-rate, piecework, or other basis. 

SEc. 4. No employee now employed at a rate in excess of the minimum shall be discharged and reemployed at a lower rate for the 

purpose of evading the provisions of this Code. 

SEo. 5. Based upon changes in minimum pay necessitated by the 

foregoing paragraphs of this Article, each employer shall in each 

establishment make fair and equitable readjustment of all pay schedules. Members of the Indu try shall report to the Code Authority, 

within ninety (90) days, all such readjustments whether made prior 

to or subsequent to the approval of this Code. 

SEo. 6. A person whose earning capacity is limited because of age 

or physical or mental handicap may be employed on light work at a 

wage below the minimum established by this Code if the em_Qloyer 

obtains from the State Authority designated by the United States 

Department of Labor a certificate authorizing his employment at 

such wages and for such hours as shall be stated in the certificate. 

Each employer shall file with the Code Authority a list of all such 

persons employed by him. 

ARTICLE V-GENERAL LABOR PROYISIONS 

SECTION 1. No person under eighteen (18) years of age shall be 

employed in the Industry. 

SEc. 2. In compliance with Section 7 (a) of the Act it is provided: 

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

collectively, through representatives 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) 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 

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

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

approved or prescribed by the President. 
518 

SEc. ~. No employer shall reclassify employees or duties of occupations performed for the purpose of defeating the provisions of 

the Act or of this Code. 

SEo. 4. Every employer hall provide for the safety and health 

of his employees at the place and during the hours of their employment in accordance with State and/ or Federal Regulations. 

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

Federal law which impo es more tringent requirements on employers as to age of employees, wages, hour of work, or as to safety, 

health, sanitary, or general working conditions, or in urance or fire 

protection, than are rmposed by this Code. 

SEc. 6. All en1ployers shall po t complete copie of this Code in 

conspicuous places accessible to all employees. 

ARTICLE VI-ORGANIZATIO.i PowERs, AND DuTIEs OF THE CoDE 

AuTHORITY 

SECTION 1. Organization.-There shall forthwith be e tabli hed a 

Code Authority consisting of five ( 5) mem.bers to be elected by the 

members of the Industry who assent to this Code, the n1ethod of election to be determined by the Code Committee of the Association sub-

~ect to the approval of the Administrator. In addition the Administrator may appoint not to exceed three (3) members to the Code 

Authority, without vote, who shall serve for terms of from six (6) 

months to one (1) year, and whose terms of appointment shall be so 

arranged that they do not expire at the same time. 

The representative appointed by the Administrator shall be given 

notice together with the Administrator and may sit at all meetings 

of the Code Authority. SEo. 2. In order that the Code Authority hall at all times be 

truly representative of the Industry, and in other respect comply 

with the provisions of the Act, the Administrator may provid-e such 

hearings as he may deem proper; and thereafter if he shall find that 

the Code Authority is not truly repre entative 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 subcode authority. 

SEc. 3. Any member of the Indu try subject to the jurisdiction of 

this Code and receiving the benefits of the Code andj or the benefits 

of the activities of the Code Authority shall pay to the Code Authority his equitable proportionate share of the expen e of formulating 

and putting into effect and admini tering thi Code and any other 

costs which may be incurred in the preparation and/ or admini tration of the Code by said Code Authority. The part of uch expen es 

which hall be asse sed again t uch m.ember of the Indu tr) E:,hall 

be a se ed by the Code Authority, which Authority in making ~nch 

asses ment hall take into account the number of employees, the volume and cia s of busine s and an equitable consideration of any and 

all matters which should be taken into a count in deterwining the 

proper as essment. 

Failure of the member of the Indu try to pay any su h a es - ment for a period of thirty (30) day after the date on which it 

shall become payable shall entitle the Code Authority to deprive uch 

member of his participation in the admini tration of the Code as 
519 

therein or herein provided, and such member shall continue to be 

liable for his proportionate hare of all due and unpaid assessments. 

SEc. 4. 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, officer1 agent, or employee of 

the 9ode ~uthority exercising r~asonable diligence in the conduct 

of hi~ duties hereunder, nor be hable to anyone for any action or 

omissiOn to act under the Code, except for his own willful misfeasance or nonfeasance. 

SEc. 5. Any action taken by the Code Authority relative to the 

administration of this Code, except v,1here made subject to the approval of the Administrator, may, in the discretion of the Code 

Authority, be submitted to the Administrator for approval and shall 

in any case be subject to the disapproval of the Admini trator. 

SEc. 6. Each trade or industrial association, directly or indirectly 

participati!lg in .the selecti~n ?r activities of the. Code Authority, may 

rmpose no Inequitable restncbons on membership and shall submit to 

the Administrator true copies of its Article of Association, Bylaws, 

regulations, and any amendments when made thereto, together with 

such other information as to membership, organization, and activities as the Administrator may deem necessary to effectuate the 

purposes of the Act. 

SEc. 7. Powers and Duties.-The Code Authority shall have the 

following powers and duties in addition to those elsewhere provided 

in this Code. 

(a) To adopt bylaws and rules and regulations for its procedure 

and for the administration and enforcement of the Code. 

(b) To obtain from members of the Industry such informatjon 

and reports as are required for the administration of the Code and 

to provide for submission by members of such information and 

reports as the Administrator may deem necessary for the purposes 

recited in Section 3 (a) of the Act, which information and reports 

shall be submitted by members to such administrative and/or government agencies as the Administrator may designate; provided that 

nothing in this Code shall relieve any member of the Industry of 

any existing obligations to furnish reports to any government 

agency. No individual reports shall be disclosed to any other 

member of the Industry or any other party except to such governmental agencies as may be directed by the Administrator. 

(c) To receive complaints of violations of this 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 proceed to 

prosecute without notice to and approval by the Administrator. 

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

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

herein, and to pay such trade groups and agencies the cost thereof; 

provided that nothing herein shall relieve the Code Authority of its 

duties or responsibilities under this Code, and that such trade groups 

and agencies shall at all times be subject to and comply with the 

provisions hereof. 
lllllllll ~illi~m]1'il 1111 fllillillll~lil ~~~~~~~~~~~~~ 520 3 1262 08855 667 4 

(e) To make recommendations to the Administrator for the coordination of the administration of this Code with such other codes, 

if any, as may be related to the Industry. 

(f) To cooperate with the Administrator in regulating the use of 

the NRA Code insignia solely by those employers who have assented 

to and are complying with this Code. 

(g) To initiate, consider, and make recommendations for the 

modification or amendment of this Code. 

ARTICLE VII-MoDIFICATIONS 

SECTION 1. This Code and all the provi ions thereof are expressly 

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

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

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

and specifically, but without limitation, to the right of the P resident 

to cancel or modify his approval of this Code or any conditions imposed by him upon his approval thereof. 

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

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

such modification to be based upon application to the Administrator 

and such notice and hearing as he shall specify and to become effective on approval of the President. 

ARTICLE VIII-MoNoPoLIEs, ETc. 

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-PRICE I NCREA ES 

'iVhereas the policy of the Act to increase real purchasing power 

will be made more difficult of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price increases, except such as may be required to meet individual cost, 

should be delayed. But when made, such increases should, so far 

as possible, be limited to actual additional increases in the seller's 

costs. 

ARTICLE X-TERMINATION 

All provision 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 re olution, declare that the emergency recognized in Section 1 of the Act has 

ended. 

ARTICLE XI-EFFECTIVE DATE 

This Code shall become effective at 12: 01 o'clock A.M. on the second Monday after its approval by the President. 

Appr{)!Ved Code No. 233. 

Regi try No. 1414-03. 

0