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Approved Code No. 268-Amendment No.1 Registry No. 1203-1-03 

NATIONAL RECOVERY ADMINISTRATION 

AlVIENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

SECONDARY ALUMINUM 

INDUSTRY 

AS APPROVED ON OCTOBER 25, 1934 

WE DO OUR PART 

UN\'/. OP· FL L\1. 

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UNITED STATES 

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WASWNGTON: 1934 

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Approved Code No. 268-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SECONDARY ALUMINUM INDUSTRY 

As Approved on October 25, 1934 

ORDER 

APPROVING AMENDMENT OF CoDE OF F Am CoMPETITION FOR THE 

SECONDARY AL UMINUlVI INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provision o:f Title I of the National Industrial 

Recovery Act, approved June 16, 1933, :for the approval o:f an amendment to a Code o:f Fair Competition :for the Secondary Aluminum 

Industry, and NOTICE OF OPPORTUNITY TO BE HEARD, 

Administrative Order 268-5, dated September 10, 1934, havincr been 

published and no objection ha\ ing been filed as provided in said 

published notice, and the annexed report on said amendment containing findings with respect thereto, having been made and directed 

to the President. 

NOW, THEREFORE, on behalf o:f the President o:f the United 

States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders o:f the President, including 

Executive Order No. 6859, and otherwise, does hereby incorporate 

by reference said annexed report and does find that said amendment 

and the Code as constituted after being amended comply in all 

respects with the pertinent provisions and will promote the policy 

and purposes o:f said Title of said Act, and do hereby order that 

said amendment be and it is hereby approved, and the previous approval o:f said Code is hereby amended to include an approval of 

said Code in its entirety as amended, such approval and such amendment to take effect ten (10) days from the date hereof unless good 

cause to the contrary is shown to the National Industrial Recovery 

Board before that time and the said Board issues a subsequent order 

to that effect. 

NATIONAL INDusTRIAL RECOVERY BoARD, 

By G. A. LYNcH, Administrative Officer. 

Approval recommended: 

w. P. ELLIS, 

Acting Division Administrator. 

wASHINGTON, D. c., 

October ~5, 1934. 

93642°----1244-07----34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The 1Vhite Hott-se. 

Srn: An application has been duly made pur ·uant to and in full 

compliance with the provisions of the National Industrial Recovery 

Act, for an Amendment to the Code of Fair Competition for the 

Secondary Aluminum Industry, submitted by the Code Authority 

for the said Industry. 

The exi. ting provision of Article VI, Section (e) of the Code for 

the said Incluutry, is entirely inadequate in view of Executive Order 

6678 and Adminis ratiY.e Order X-36, an lit is therefore evident that 

the am nclment to Article VI of said Code, the provisions of which 

closely follow the text of the aboYe mentioned Order. , will overcome 

the exiting inadequate provi ions. 

FI:NDI.r OS 

The Deputy Admini trator in his final report to us on said amendnlent to said Code having found as herein set forth and on the ba i 

of all the proceedings in this matter : 

"\V e find that: 

(a) The amendment to said Code and the Code as amended are 

well designed to promote the policies and purposes of Title I of the 

National Indu trial Recovery Act including the removal of obstructions to the free flow of interstate and foreign commerce which tend 

to diminish the amonnt thereof, and will provide for the general 

welfare by promoting the organization of incluc:try for the purpose 

of cooperatiYe action among trade groups, by inducing and maintaining united action of labor and management under adequate goYernlllental sanction and supervision, by eliminating unfair competitive 

practices, by promoting the fulle t pos. ible utilization of the present 

prodncti\·e capacity of industries, by avoiding undue restriction of 

production (except as may be temporarily required), by increasing 

the consumption of inclu trial and agricultural products through 

increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise 

rehabilitatinO' inr1ustry. 

(b) The Code us amended complies in all re pects with the pertinent provision of said Title of said Act, including without limitation 

sub-section (a) of Section 3, sub-section (a) of Section 7 and subsection (b) of Section 10 thereof. 

(c) The amendment and the Code as amended are not designed to 

and will not permit monopolie or monopoli tic practices. 

(d) The amendment and the Code as amended are not de igned 

to and will not eliminate or oppress small enterprises and will not 

operate to discriminate against them. 

(2) 
3 

(e) Those engaged in other st€ps of the econ mic proces ha \'e not 

been deprived of the right to be heard prior to approYal of said 

amendm nt. 

For the e reason thorefor we haYe appro1 cl thj amendment. For the National Indu;:,trial Recoy ry Boar l: 

G. A. LY ... T H, 

OcTOBER 25, 193±. 

Administrative Officer. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE SECONDARY ALUMINUM INDUSTRY 

Section (e), Article VI shall he stricken from the Code of Fair 

Competition for the Secondary Aluminum Industry and the following inserted in lieu thereof: 

SECTION (e). 1. It being found necessary in order to support the 

administration of this Code and to maintain the standards of fair 

competition established hereunder and to effectuate the policy of the 

Act, the Code Authority is authorized: 

(a) 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 the Code. 

(b) To submit to the Administrator for his approval, subject to 

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

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

purposes, and (2) an equitable basis upon which the funds necessary 

to support such budget shall be contributed by members of the 

industry. 

(c) After such budget and basis of contribution ··have been approved by the Administrator, to determine and obtain equitable 

contribution as above set forth by all members of the industry, and 

to that end, if necessary, to institute legal proceedings therefor in its 

own name. 

2. Each member of the industry shall pay his or its equitable 

contribution to the expenses of the maintenance of the Code Authority, determined as hereinabove provided, and subject to rules and 

regulations pertaining thereto issued by the Administrator. Only 

members of the Industry complying with the Code and contributing 

to the expenses of its administration as hereinabove provided, (unless 

duly exempted from making such contributions), shall be entitled to 

participate in the selection of members of the Code Authority or to 

receive the benefits of any of its voluntary activities or to make 

use of any e~blem or insignia of the National Recovery ~\..dministration. 

3. 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 ite1n 

for expenditures in excess of prior budget estimates except those 

which the Administrator shall have so approved. 

Section (g) (7) of Article VI shall be deleted and the numbering 

of Section (g) (8) of Article VI shall be changed to read Section 

(g) (7) of Article VI. 

Approved Code No. 268-Amendment No. 1. 

Registry No. 1203-1-03. 

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