Approved Code No. 515 Registry No. 1201-08 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

ALLOYS INDUSTRY 

AS APPROVED ON SEPTEMBER 5, 1934 

WE DO OUR PART 

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WASHINGTON: 1934 

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Approved Code No. 515 

CODE OF FAIR COMPETITION 

FOR THE 

ALLOYS INDUSTRY 

... Approved on September 5, 1934 

ORDER 

APPROVING CoDE OF FAIR CoMPETITION FOR THE ALLOYS INDUSTRY 

An application ha· ·ing been duly made pursuant to and in full 

compliance with the l".rovisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of a Code of 

Fair Competition for the Alloys Industry, and hearings having been 

duly held the-reon and the annexed report on said Code, containing 

findings with respect thereto, having been made and directed to the 

President: 

NO\V, 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 

~aid Title of said Act; and do hereby order that said Code of Fair 

Competition be and it is hereby approved. 

HuGHS. JoHNSoN, 

Adrninist'i'ator for fnc1/u.gtrial Reoovery. 

Approval recommended: 

R. \V. LEA, 

Assistant Administrat~r for Industry. 

WASHINGTON, D.C., 

September 5, 1934. 

84142°----1181-10----34 (99) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White HmtSe. 

Sm: The original Code of Fair Competition was presented as a 

Code of Fair Trade Practice for the Electro Chemical Ferro Alloy 

Industry as a division of the Chemical ~1anufacturing Industry, supplementary to the Code of Fair Competition for the Chemical Manufacturing Indu try, as presented by the Chemical Alliance, Inc. 

Subsequently in keeping with the desires and policies of the 

N.R.A. the scope of this code was broadened to cover alloys other 

than tnose made by Electro Che1nical processes. This code is presented by the American Alloy Producers Association, an unincorporated membership society oro·anized in 1933, representing over 90% of the known members of industry, and over 90% 

in -rolume of production. 

Several revisions of the proposed code were made prior to the 

Public Hearing which was held on June 25, 1934. This code was 

revised during the recess of this hearing and was submitted in its 

present form for approval. 

Every person who requested an appearance was properly heard 

in accordance with statutory and regulatory requirements. 

The Alloys In-:lustry, as outlined in this code, embraces the production, within the United States, by any proce... of manufacture, of 

primary alloys and/or non-metallic m.etallurgical reagents for subsequent use as an additive agent for the purpo e of alloying and/or 

deoxidizing, and/or refining, but not for fluxing, and the original 

sale in the United States of any Industry Product by R :Member of 

In lustry producing the same directly or in lirectly either by himself or his agent, which includes without limitation any person or 

corporation occupying a subsidiary or controlling relationship or on0 

of common, mutual or joint ownership, or control to a JYiember of Industry. 

Industry Products include the alloy combinations of the. element~ 

of the Periodic System with iron, the constituent element or combi- nations thereof of such alloys without iron, anr1jor non-metallic 

metallurgical reagents for subsequent use as an additive aaent for 

the purpose of alloying, and/or deoxidizing, and/ or refining but 

not for fluxing. Industry Products do not include standar 1 high 

carbon f erro mangane e or spiegeleisen, or the production of uch 

metal which may be used for alloying proce··· e · -n·hich are governed 

by other Codes of Fair Competition . 

lthough this is a relatively small Indn try, the Alloys Indu try 

has play l a Yery important role in our inclu trial levelopment. 

Prior to the advent of the automobile an 1 high pee(l tool steel, 

ferro mangane. c, piegeleisen and ferro ilicon were th . mo.-t commonly knO\vn alloys and were u eel primarily as deoxidizing ngent~ 

(100) 
101 

~nd for the alloying value of the residual manganese and silicon. 

Although ferro manganese, spiegeleisen and ferro silicon still con7 

tinue to represent the greatest tonnage o£ alloys used, the use thereof 

has been supplemented by other alloys designed to add. to metals certain properties to meet the demands of stress and service. 

Although alloy combinations without iron and non-metallic metallurgical reagents are used extensively, the manufacture of ferro 

alloys represent the predo~ninan~ activity. o£ the. In~u try: 

Each alloy constituent, either singly or 1n comb1natwn w1th other 

elements, contributes certain properties to meet the requirements of 

Industry; not only to meet the requirements of increased stress demands but also for resisting corrosion as is evidenced by the development of stainless steel. To meet these varying requirements 

necessitates the use o£ ferro chrome, ferro tungsten, ferro vanadium, 

ferro titanium, ferro zirconium, ferro pho phorus, ferro molybdenum 

and the combination thereof. The raw materials from which many 

o£ these alloys are made are imported from Africa, China~ Peru and 

I ndia. 

The Industry employed about 4,000 employees in 1929 and about 

2,500 in 1933. The Industry represents a capital investment of 

$82,000,000 and sales of about $17,000,000 in 1932 and $9 000,000 

in 1933. ' Vith return to normalcy and continued and increased demands for the use of alloys the Alloy. Industry should again enjoy 

its former position in Industry. 

The total quantity of ferro alloy code products shipped from 

United States furnaces in 1929 was 372,000 short tons valued at 

$39,000,000; in 1933 the total was 244,000 short tons valued at $18,-

000,000. Ferro silicon, u eel as a deoxidizing agent in steel making 

constitutes the largest item of the group. Shipment in 1929 amounted 

to 310 000 short tons valued at $15.700,000 and in 1933 to 200,000 

short tons valued at $7 400,000. Shipments of ferro tung ten in 

1929 were 3 000 tons, valued at $5.800.000 and in 1933, 952 tons, 

valued at $1,500,000; of ferro vanadium 1 00 tons valued ~t $4,700,-

000 in 1929 and 900 tons Yaluecl at $2,000:000 in 1933. All other 

variet] es of ferro alloys accounted for 57 000 tons 'alued at $13,000,-

000 in 1929 and 42,000 ton valued at $7,300 000 in 1933. 

ARTICLE I. States the purpose of the code. 

ARTICLE II. Accurately defines specific terms applicable to the 

Alloys Industry as u eel in this code. 

ARTICLE III. The maximum hour are limited to 40 hours per 

week except that employees may be permitted to work in exces of 

40 hours per week in not more than six weeks in any ix month 

p riocl in order to meet easonal or peak requirements; such employees 

my be permitted to work not more than 4 hours per week with the 

provi. o that time and one-third , hall be paid to any employee o employed for all hours worked in excess f 40 hours per week or eight 

hour per day. Similar provi ion are macle to mee the requirements 

of continuous proce ses. Clerical and office employees shall not be 

permitt d to work in exces of 40 hours per week averaged over any 

tive ·week period; provided, thnt in one week of uch five week period 

any employee may be permitted to work not in excess of 48 hours. 

"\Vatchmen may be permitted to work either 84 hours in any two 

week period or 56 hour in .any one week period; provided, that such 
102 

employees shall have at least one day's rest in each seven day period. 

Employees engaged in an executive, managerial, supervisory or technical capacity and their immediate assistants who receive not less 

than $35.00 per week, and to outside sales and outside sales service 

employees and to those engaged in emergency maintenance or emergency repair work involving plant breakdown or protection of life 

or property which necessitates longer hours, are not ubj ect to hourly 

limitations. 

ARTIOLE IV. This Article provides that no employee shall be paid 

;in any pay period less than at the rate of 30¢ per hour in the 

Southern Di trict, nor less than at the rate of 40¢ per hour elsewhere in the United States. vVage rates in effect on July 1st, 1933, 

above the minimums specified shall not be reduced in any case. The 

n1inimmn weekly wage for persons employed in clerical or office 

work is $15.00 per week. The minimum rate of pay for work performed in any pay period shall apply irrespective of wheth~r an 

employee is actually compensated on a time rate, piece work, or other 

basis. Provision is also made for the employment of handicapped 

persons, as well as for the adjustment of wages above the minimum 

if such adjustment has not heretofore been made under the National 

Industrial Recovery Act. 

ARTICLE V. This Article 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 

this code so that they are accessible to employees. Provision is also 

1nade with reference to company towns and stores and dismissals for 

complaint. 

ARTICLE VI. This Article establishes a Code Authority consisting 

of seven members who shall be selected by and who may be members 

of the Executive Committee of the Alloy Producers Association, and 

one other member who shall be a J\.f "'mber of Industry not a member 

of the Association. The selection of all members of the Code Authority shall be by a fair and equitable method of election to be 

approYed by the 4-dministrator. In addition to tl~e above IJ.lembership there may be not more than three representatives without vcte 

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 outlined in this Article. 

ARTICLE VII. This Article makes provision for Trade Practice 

Rules. 

ARTICLE VIII. This Article makes provision that the Code Authority may recommend to the Administrator tha.t present capacitieE 

be not increased until such time as the Code Authority and the Administrator, or the Administrator actin~ on his own behalf, shaH 

determine that the demand for such product of Industry cannot be 

met by the fullest possible use of such present capacities. 
1.03 

ARTICLE IX. This Article provides for Export Trade. 

ARTICLE X. This Article makes provisions for the modification of 

this code. 

ARTICLE XI. This Article provides that no provision of this code 

shall be so applied as to promote monopolies or monopolistic 

practices, or to eliminate, oppress or discriminate against small 

enterprises. 

ARTICLE XII. This Article provides that this code shall become 

effective ten days after its approval by the President. 

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 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 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 clas ified 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 

Sub ection (b) of Section 10 thereof; and that the applicant Association is an industrial Association truly representative o:f 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. 

(:f) Those engaged in other steps of the economic process have 

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

t;aid code. 

For these reasons, therefore, this code has been approved. 

Respectfully, 

SEPTEMBER 5, 1934. 

HUGH s. JOHNSON' 

.Aclminutrator. 
CODE OF FAIR COMPETITION FOR THE ALLOYS 

INDUSTRY 

AnTICLE 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 Alloys Industry and its provisions shall be the standards of 

fair competition for uch Industry and be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

\Vherever used in this code or any upplement appertaining 

thereto, the terms enumerated in this Article shall have the meanings herein defined, unless the context shall otherwise clearly 

indicate. 

SECTION 1. The tern1 "President" means the President of the 

United States of America. 

SECTION 2. The term "Act" means Title I of the National Industrial Recovery Act. 

SECTION 3. The term "Administrator" means the Administrator 

for Industrial Recovery. 

SECTION 4. The term ":Member of Industry" includes, but without limitation, any individual, partnership, association, corporation 

or other form of enterprise engaged in the Industry, either as an 

employer or on his or its own behalf. 

SECTION 5. The term "Employee" 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. 

SECTION 6. The term " Employer" means anyone by whom any 

such employee is employed or compensated. SECTION. 7. The term "Industry" includes all those producing, 

within the United States, by any process of manufacture, P.rimary 

alloys, andjor nonmetallic metallurgical reagents for subsequent use 

as an additive agent for the purpose of alloying, and/or deoxidizing, andjor refining, but not for fluxing, and the original sale in the 

United States of any such I ndustry products by the Member of 

Industry producing the same directly or indirectly either by himself or his agent, which includes without limitation any person or 

corporation occupying a subsidiary or controlling relationship or 

one of common, mutual, or joint ownership, or control to a Member 

of Indu try. 

SEcTION · 8. The term " I ndustry Products " includes the alloy 

combinations of the elements of the P eriodic Sysrem with iron, the 

constituent elements or combinations thereof of such alloys without 

iron, andjor nonmetallic metallurgical r eagents for subsequent use 

as an additive agent for the purpose of alloying, and/or deoxidizing, 

(104) 
105 

and/or refining, but not :for fluxing. The term "Industry Products " does not include standard high carbon Ferro :Manganese or 

Spiegeleisen, or the production of such metals which may be used 

for alloying processes which are governed by other Codes o:f Fair 

Competition. 

SECTION 9. The words "Export Trade" mean (as defined in the 

Export Trade Act adopted April 10, 1918) solely trade or commerce in goods, wares or merchandise exported, or in the course 

of being exported from the United States or any territory thereof 

to any :foreign nation; but the words " Export Trade " shall not be 

deemed to include the production, manufactnre, or selling for conFumption or for resale within the United States or any territory 

thereof of such goods, wares or merchandise, or any act in the course 

of such productjon, manufacture or selling for consun1ption or for 

r·esale. 

SECTION 10. The term "Association" shall !llean the American 

Alloy Producers Association, a voluntary unincorporated Association. 

SECTION 11. The term "Executive Committee" shall mean the 

Executive Committee of the Association. 

SECTION 12. The term " Secretary " shall mean the Secretary of the 

Code Authority, who shall also be the Secretary of the Association. 

SECTION 13. The term "Southern District" shall mean: Virginia, 

North Carolina, South Carolina, Kentucky, Tennessee, Georgia, 

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

ARTICLE III-HoURs OF LABOR 

SECTION 1. Maximurn Hours.-No employee shall be permitted to : 

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

hours in any twenty-four (24) hour period, except as herein otherwise provided. 

SECTION 2. Hours for Clerical and Office Employees.-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 eight (8) hours 

in any one (1) day, except that during one (1) week in any four (4) · or five (5) week period that shall correspond as nearly as may be to 

the calendar month any of such employees may be permitted to work 

a maximum of forty-eight ( 48) hours. 

S,ECTION 3. E xceptions as to H O'ttrs.-The limitation as to hours 

of labor as specified in Sections 1 and 2 of this Article III and 

Section 4 as applied to Subparagraphs (b), (c) and (d) of this 

Section 3 shall not apply to the following: 

(a) During any period in which a concentrated demand upon 

any division of the Industry shall place an unusual and temporary 

burden for production work upon its facilities, or to meet peak 

requirements, or production emergencies, an employee of such division may be permitted to work not more than forty-eight ( 48) hours 

per week in not more than six ( 6) weeks in any six ( 6) month period; 

provided, however, that at least ·one and one-third (11/s) times his 

regular wage rate for any employee so employed shall b~ paid for all 

hours worked in excess of forty ( 40) hours per week or eight ( 8) 

hours per day. Each member who shall permit any employee to 

84142°----1181-1G----34----2 
106 

work in excess of eight (8) hours per da:y or forty { 40) hours per 

week under the provisions of this SubsectiOn (a) shall report, upon 

the request of the Administrator, such overtime to the Code Authority, which shall in turn report to the Administrator. 

(b) Employees engaged in emergency maintenance or emergency 

repair work, involving plant breakdown or protection of life or 

property; provided, that in such special cases at least one and onethird times (11j3 ) his regular wage rate for any employee so em~ 

played shall be paid for all hours worked in excess of forty ( 40) 

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

(c) Outside sales and outside sales service employees. 

(d) Persons in a managerial, executive, supervisory or technical 

capacity and their immediate assistants; provided, that this exception shall apply to no such employee who is paid less than at a rate 

of Thirty-Five Dollars ($35.00) per week. 

(e) Watchmen who, according to the nature of their responsibilities, may be permitted to work mther not more than eighty-four (84) 

hours in any two (2) week period or fifty-six (56) hours in any one 

(1) week; provided, that such employees shall have at l~ast one (1) 

day's rest in each seven (7) day period. 

(f) Power-house operators, engineers, firemen and pump men; 

provided, the total number of hours worked by such employees shall 

not exceed forty-five (45) hours in any one (1) week, or nine (9) 

hours per day. 

(g) There may be a tolerance of ten percent (10%) additional 

hours over the maximum hours in any one (1) week for employees 

engaged in the preparation, care and maintenance of machinery and 

production facilities, stock and shipping employees,, chauffeurs and 

truckmen engaged in outside delivery and pick-up service; provided, 

however, that at least one and one-third (11j3 ) times his regular 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. 

(h) Skilled workers in continuous processes, the interruption of 

which would unavoidably reduce production because of demands 

inherent and peculiar within the process itself; provided, however, 

that such employees in such cases shall not be permitted to work 

more than forty-eight ( 48) hours in any one (1) week, and provided, that in such special cases at least one and one-third (11./s) 

times his regular wage rate shall be paid to any employee so employed for hours worked above forty ( 40) hours per week or eight 

(8) hours per day. Each employer who shall permit any employee 

to work in excess of eight (8) hours per day or forty (40) hours 

per week under the provisons of this Subsection (h), shall report, 

upon the request of the Administrator, such overtime to the Code 

Authority, which shall in turn report to the Administrator. 

SEcTION 4. Standard W eek.-N o employee shall be permitted to 

work more than six (6) days in any seven (7) day period. 

SECTION 5. Employment by Several Employe'rs.-N o employer 

shall knowinaly permit any employee to work for any time which, 

when totalled with that already performed with another employer 

or employers in this Industry or other trades or industries, exceeds 

the maximum permitted herein. 
107 

ARTICLE IV-WAGES 

SECTION 1. JYJ inim.um W ages.-E.xcept as otherwise herein pro· 

vided no mnployee shall be paid in any pay period less than at the 

rate of thirty (30) cents per hour in the Southern District, nor less 

than at the rate of forty (40) cents per hour elsewhere in the United 

States. The minimum rates herein provided shall be construed as 

hiring rates applying to totally unskilled or common labor and all 

other classes of labor shall be compensated at rates above the minimum. Wage rates in effect on July 1st, 1933•, above the minimums 

specified hereinabove shall not be reduced in any case. 

SECTION 2. Olm'ical and Office Employees.-N o clerical or office 

employee shall be paid less than at the rate of Fifteen Dollars 

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

messengers may be paid not less than at a rate of 80% of the minimum hereinabove specified and provided further that the number 

of such boys and girls and messengers so paid shall constitute not 

more than 5% of the total number of such employees of any one (1) 

office of any one (1) employer, but in an,y case each employer shall 

be entitled to employ one (1) such employee. 

SECTION 3. P'iecework Oompensatio11r-Minimum W ages.-This 

Article establishes a minimum rate of pay for any pay period which 

shall apply, irrespective of whether a.n employee is actually compensated on a time-rate, piece-work, or other bas1s. 

SECTION 4. Wages Above the Minimum.-Equitable adjustments 

with respect to rates above the minimum shall be made within thirty 

(30) days after the effective date of this code by each employer who 

has not heretofore made such adjustments under the National Industrial Recovery Act. In no event, however, shall hourly rates be 

reduced in making such equitable adjustments. Within sixty (60) 

days after the effective date of this code each Member of Industry 

shall make a report of such adjustment whether made prior to or 

subsequent to date of approval of this code to the Code Authority. 

SEcTION 5. Payment of W ages.-Each employer shall make payment of all wages in lawful currency, or by negotiable check therefor, payable on demand. These wages shall be exempt from any 

payments for pensions, insurance or sick benefits other than those 

voluntarily paid by the wage earner or required by law. Pay 

periods for wages shall be at no greater interval than every semimonth, and salar] es at no greater interval than every month. No 

employer shall withhold wages except as otherwise provided by law. 

SECTION 6. Handicapped Persons.-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 obtau1s from the State 

Authority, designated by the United States Department of Labor 

a certificate authorizing such person's employment 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 with the Code Authority a list of all such persons employed by 

him, showing the wages paid to and the maximwn hours of work 

for such employee. 
108 

ARTICLE V-GENER.AL LABOR PROVISIONS 

SECTION 1. Child Labor.-No person under eighten (18) years of 

age shall be employed in the Industry, except in clerical, office, sales, 

service, t echnical 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 this 

provision as to age, if he shall have on file a certificate duly signed 

by the authority of such state empowered to issue employment or 

age certificates or permits, showing that the employee is of the 

required age. 

SECTION 2. Provisions of the .A.ct.-(a) Employees shall have the 

right to organize and bargain collectively through representatives of 

their own choosing, and shall be free from the interference, restraint, 

or coercion of employers of labor, or their agents, in the designation 

of such 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 of his own 

choosing, and · (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. 

SECTION 3. Reclassification of Employees.-N o employer shall 

reclassify employees or duties of occupations for the purpose of 

defeating the purposes or provisions of the Act or of this code. 

SECTION 4. 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 of safety 

and health for each division of the Industry shall be submitted to the 

Administrator by the Code Authority within three ( 3) months after 

approval of this code. 

SECTION 5. State Laws.-No provision in this code shall supersede 

any state or Federal law which imposes on employers more stringent 

requirements as to age of employees, wages, hours of work, or as to 

.safety, health, sanitary or S'eneral working conditions, or insurance 

or fire protection, than are Imposed by this code. · SECTION 6. Postinq.-All employers shall post and keep posted 

complete copies 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. 

SECTION 7. OomP'{J)ny Towns and S tores.-Employees other than 

maintenance or supervisory men, or those necessary to protect property, shall not be required as a condition of employment to live 1n 

houses rented from or specified by the employer. No employee shall 

be required, as a condition of employment, to trade at a store owned 

or specified by an employer. 

SECTION 8. Dis1nissal f or 001ruplmint.-No employer shall dismiss 

or demote any employee f or making a complaint or giving evidence 

with r espect to an alleged violation of this code. 
109 

ARTICLE VI-ORGANIZATION, Po·wERS AND DuTIES OF THE ConE 

AuTHOTIITY 

SECTION 1. Organization and 0 onstitution.-A Code Authority to 

administer this code is hereby constituted, and shall consist of seven 

(7) voting members \Vho shall be selected by and who may be members of the Executive Committee of the Association, and one (1) 

other voting member who shall be a l\1ember of Industry and ·hall 

be selected by the Members of Industry who are not members of the 

Association. The selection of all members to the Code \.uthority hall 

be by a fair and equitable method of election to be approved by the 

Administrator. In the event that the selection of the Association's 

non-member representative on the Code Authority i · not made within thirty (30) day after the effedive date of this code such member 

ma~y be selected by the Administrator. 

SECTION 2. In addition to the above membership there may be 

not more than three (3) members, without vote, and without compensation from the Industry, appointed by the Administrator to 

serve for such terms as he may specify. 

SECTION 3. E ach 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) subm.it to the Administrator true copies of its Articles of 

Association, By-Laws, Rules and Re~·ulations and any amendments 

when made thereto, together with suc11 other information as to membership, organization and activities as the Administrator may deem 

nece sary to effectuate the purposes of the Act. 

SECTION 4. In order that the Code Authority hall at all times 

be truly representative of the Industry and in other respects comply 

with the provisions of the Act, the Administrator may 1Jrescrib ::;nch 

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

any basic Code Authority or Sub-Code Authority is not truly representative or does not in other respects comply with the provi ·ions of 

the Act, may require an appropriate modification in the method of 

selection of such Code Authority. 

S~cTION 5. Nothing contained in this code shall constitute the 

members of the Code Authority partners for any purpose; nor hall 

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 hor -

under, be liable to anyone for any action or omi~ lion to act under 

this code, except for his own wilful misfeasance or nonfeasance. 

SECTION 6. Powe?'S and Duties.--Subject to such rules and regulations as may be issued b~y the Administrator and to the extent 

~ermitted by the Act, the Code Authority shall have the following 

rurther powers and duties. 

(a) To make investigations as to the functioning and observance 

of any provisions of this code at its own instance or upon complaint 

of any person affected and to report thereon to the Administrator. 

(b) To insure the execution of the provisions of this code and to 

provide :for the compliance of the Industry with the provisions of 

the Act. 
110 . 

(c) To adopt By-Laws and Rules and Regulations for its procedure and for the administration of this code. The Code Authority 

shall promptly furnish to the Administrator for his approval true 

copies of the By-Laws, Rules and Regulations adopted pursuant to 

this paragraph. 

(d) To obtain from :Members of the Industry such statistical information and reports as are required for the administration of this 

code and to provide for submission by members of such statistical 

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 Federal 

undjor state 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 submitted to the Administrator 

andj or such government agencies as the Administrator may designate, shall be disclosed to any other Member of the Industry or any 

other party except such government agencies as may be directed by 

the Administrator. 

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

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

herein; provided, that nothing herein shall relieve the Code Authority of its duties or responsibilities under this code and that such 

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

comply with the provisions hereof. 

(f) 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. 

(g) To recommend to the Administrator such further trade practice provisions to govern Members of the Industry in their relations 

with each other or with other Industries, and measure for industrial planning, including calling of meetings of Members of the 

Industry to consider control of production through voluntary agreement, stabilization of employment and conservation of natural resources, as the Code Authority shall consider to be for the best 

interests of the Industry, and to recomm.end to the Administrator 

such measures as shall have been voluntarily agreed upon,· such 

recommendations, upon approval by the Administrator after such 

notice and hearing as he may prescribe, to have the same effect as 

other provisions of this code. 

SECTION 7. It being found necessary to support the administration 

of this code in order to maintain the standards of fa .. competition 

established by this code and to effectuate the policy of the Act., the 

Code Authority is authorized: 

(1) To incur such reasonable obligations as are necessary and 

proper for the foregoing purposes and to meet such obligations out 

of funds which may be raised as hereinafter provided and which 

shall be held in trust for the purposes of this code : 

(2) To submit to the Administrator for his approval subject to 

such notice and opportunity to be heard as he may deem necessary, 

(a) an itemized budget of its estimated expenses for the :foregoing 

purposes, and (b) an equitable basis upon which the funds necessary 
111 

to support such· budget shall be contr]buted by I\Iembers of the 

Industry: 

(3) After such budget and basi of contribution have been approved by the Administrator, to cletDrmine and secure equitable contribution as above set forth by all such :Member" of the Industry, 

and to that end, if necessary, to institute legal proceedings therefor 

in its own nmne. SEcTioN 8. Each Member of the Indu try shall pay h]s or its equitable contribution to the expenses of the maintenance of the Code 

Authority, determined as herei_nabove provided (unless duly ex- empted from making such contributions) and subject to rule. and 

regulations pertaining thereto issued by the Administrator. Only 

Members of the Industry complying with the code and contributing 

to the expense · of its admini tration as hereinabove provided, shall 

be entitled to participate ]n the selection of members of the Code 

Authority or to receive the benefits of a11y of its voluntary activities 

or to make use of any emblem or insiani of the National Recovery 

Administration. 

(a) If, after such budget and basis of contribution shall have been 

approved by the Administrator in accordance with such regulations 

as the Administrator heretofore has or hereafter shall prescribe 

with respect thereto, any :Member of the Indu try shall fail to pay 

his or its contribution o determined within thirty (30) days after 

such members shall have received notice thereof as prescribed by said 

regulations, such failure so to pay such contribution shall be a violation of this code upon and after appropriate certification of such 

failure by the Code Authority to the Administrator, unless said 

member is duly exempted by his action, in accordance with the said 

regulations. 

SECTION 9. The Code Authority shall neither incur nor pay any 

obligation substantially in excess of the amount thereof as estimated 

in its approved budget, and shall in no event exceed the total amount 

contained in the approved budget except upon approval of the Administrator; and no subsequent budget shall contain any deficiency 

item for expenditures in excess of prior budget estimates except those 

which the Administrator shall have so approved. 

SECTION 10. If the Administrator shall cletermin~ that any action 

of the 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 

effective unles the Administrator approves, or unless h~ shall fail 

to disapprove after thirty (30) days notice to him of intention to 

proceed with such action in its original or modified form. 

SEcTioN 11. When the Administrator determines upon the petition 

of the Code Authority, or otherwise, that an em.ergency exists in 

this Industry because of destructive price cutting which is such as 

to render ineffective or seriou ly endangers the maint.enrmce of the 

provi jons of this code, the Administrator may cause to be determined, 

after investigation of costs by the Code Authority through an impartial agency, the minimum price for any product of this Industry 
112 

ne~~sary to mitigate the conditions constituting such emergency and 

to effectuate the purposes of the Act, and below which price such 

product of the Industry shall not be sold. Such determination shall 

be subject to such notice and hearing as the Administrator may 

r«quire. From time to time the Code Authority, upon its own initia- · 

tive, or upon the request of any interested party, may recommend 

that the determination be reviewed, or the Administrator may cause 

such determination to be reviewed and appropriate action taken. 

ARTICLE VII-TRADE PRACTICE RuLES 

SECTION 1. The following trade practices are declared to constitute 

unfair methods of competition between Members of the Industry, 

and no Member of the Industry shall use or engage in any of them, 

eithor directly or indirectly, through any officer, agent or employee. 

Engaging in any one or more of these or any further trade practice 

provisions which hereafter may be established on recommendation 

by the Code Authority, approved by the Administrator, after such 

hearings as he may prescribe, shall be deemed a violation of this 

code. 

(a) Secretly paying or allowing rebates, refunds, commissions, 

credits, unearned discounts, excess allowances, special services or 

privileges, whether in the form of money or otherwise, to certain 

purchasers "Which are not extended to all purchasers under similar 

circumstances for the purpose of influencing a sale. 

(b) Procuring, otherwise than with the consent of any member 

of the code, any information concerning the business of such member which is properly regarded by it as a trade secret or confidential 

within its organization, other than information r elating to a, violation of any provision of this code. 

(c) Imitating or simulating any design, style, mark or brand 

owned or used with the consent of the owner by any other :Member 

of the Industry. 

(d) Using or substituting any material different in quality from 

that specified by the purchaser of any product, or using or substituting any material or any method of manufacture not in accord 

with any applicable law, rule or regulation of any governmental 

authority. 

(e) Selling or offering to sell Industry Products to a purchaser 

not under term-contract for such Industry Products at the term- contract price for such Industry Products, or less. 

(f) Cancelling in whole or in part, or permitting the cancellation in whole or in part of, any contract of sale of any product, 

except for a fair consideration or just cause, or secretly paying or 

allowing to any purchaser for the purpose of influencing the sale 

cf any product, any rebate, commission, credit, discount, adjustment 

or similar concession, or permitting the splitting of their commission by sales agents with, or the allowing of any part of their com- missions by sales agents to, any purchaser in connection with the 

sale o£ any of the Industry Products. 

(g) Disseminating, publishing or circulating any false or misleading information relative to any product or price for any product 

of any Member of the Industry, or the credit standing or ability of 
113 

~ny member ther;)f to perform any work, or manufacture, or produce any product, or to the conditions of employment among the 

employees of any member thereof. 

(h) Inducing or in any 1nanner attempting to induce a violation 

of a contract between a 1t1ember of Indu try and hi custmner. 

( i) Aiding or abetting any person, firm, associatipn or corporation in any unfair practice. 

(j) Making or giving to any purchaser of any product n.ny 

guaranty or protection in any form against decline in the price of 

such product. This provision shall not apply to contracts entered 

into prior to the effective date of this code. (k) Making any false statement in an invoice and especially 

stating in the invoice of any product as the dat-e thereof a date 

later than the date of the shipment of such product, or including 

in any invoice any product shipped on a date earlier than the date 

of such invoice. (l) Making any sale or contract of sale of any Industry Product 

under any description which does not fully de cribe such product 

in the terms custon_arily used in the Industry. 

(m) Failing to add to the prices charged for products of the 

Industry, whenever uch addition ma.y be lawful, any Federal tax 

assessed against the production or sale of such products, or reb.ating such charge. This provision shall not apply to contracts Jmtered 

into prior to the effective date of this code. 

(n) Giving or permitting to be given, or directly offering to give 

anything of value for the purpose of influencing or rewarding the 

action of any employee, agent or representative of .another in relation to the business of the employer of such employee, the principal 

of such ag nt or the representecl party, without the knowledge of 

such employer, principal or party. Thi commercial bribery provision shall not be con trued to prohibit free a.nd geneTal distribution of articles commonly used for adverh ing except so far .as such 

articles are actually used for ommercial bribery as hereinabove 

defined. 

( o) Deviating from the publi heel and previously e~tablishe d 

spec~fications, for the purpose of influencing a customer or prospective cust01ner. (p) Alloying of any Industry Product of previously established 

~pecification in any mannor for the purpose of evading the proviswns of this code. 

( q) Requiring that the purchase or lease of any products or 

equipment be a prerequisite to the purchase or lease of any other 

products or equipment. 

AnTic LE VIII-NEw CAPACITY 

In the event that the Code Authority shall determine that then 

exi. ing c.apacities and capacities then under construction for .the 

prccluction of products of the Industry are in excess of the capacities 

requirell to meet the demand for such products, and the Administrator shall approve such determination upon the recommendation of 

the Cocle Authority, then such capacities shall not be increased 

(except for the supplying of foreign demand) until such time as 
114 

the Code Authority .and the Administrator, or the Administrator 

acting on his own behalf, shall determine that the demand for such 

products cannot be met by the fullest possible use of such capacities. 

This provision, however, shall not apply in the production of 

Calcium ~t[olybdate or Ferromolybdenum, or other Molybdenum 

products in which Molybdenum represents the chief constituent of 

economic value, or Ferro Phosphorus when such Ferro Phosphorus 

is incidentally and necessarily produced as a by-product in the 

manufacture of Phosphorus or Phosphoric Acid. 

ARTicLE IX-ExPonT TnADE 

No prov1s10n of this code relating to prices or terms of selling, 

shipping or marketing, shall apply to export trade or sales or shipments for export trade. 

ARTICLE X-~1 ODIFIC.A TION 

SECTION 1. This code and all the provisions thereof are expressly 

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

provisions of Subsection (b) of Section 10 of the Act, from time to 

time to cancel or modify any order, approvd, license, rule or regulation issued under said Act. 

SEO'TION 2. This code, except as to provisions required by the Act, 

may be modified by amendment on the basis of experience or changes 

in circumstances, such modifications to be based upon application to 

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

SECTION 3. If the Code Authority shall desire to propose an 

amendment, after having approved the same, it shall submit the 

5jame to the Members of the Industry who shall thereupon vote upon 

taid proposed amendment either at a special meeting called for 

that purpose or by mail ballot, at the discretion of the Code 

Authority. In such voting there shall be two separate ballots on 

each amendment so proposed: 

(a) Each Member of the Industry voting shall be entitled to cast 

one (1) vote upon said amendment, which vote shall be known as 

the "Member Vote". 

(b) Each member of the Industry voting upon said proposed 

amendment shall be entitled to cast. one (1) vote for each rated one 

thousand (1,000) horsepower electric furnace capacity now installed 

or now under construction in the Industry owned by such member, 

or the equivalent thereof fairly computed of other type of production capacity for Industry Products. This vote shall be known as 

the "Capacity Vote." 

In order to receive approval of the Industry, any such proposed 

u.mendment shall receive the affirma,tive vote of: 

(a) At least 75% of the Member Votes cat and in addition 

thereto, 

(b) At least 75% of the Capacity Votes cast, both separately considered. If such proposed amendment shall be approved in the 

manner above set forth, the Code Authority shall submit such pro-
115 

posed amendment to the Administrator. Such amendment shall 

become effective as a part of this code upon approval by the Adm~nistrator after such notice and hearing as he may prescribe. 

AnTICLE XI-MoNOPOLIES 

No provision of this co 1e shall be so applied as to promote monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. 

AnTICLE XII-EFFECTIVE DATE 

This code shall become effective beginning ten (10) days after its 

approval by the President. 

Approved Code No. 515. 

Registry No. 1201-08. 

0 
UNIVERSITY OF FLORIDA 

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