Approved Code No. 18-Amendment No. 3 Registry No. 1128-01 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

CAST IRON SOIL PIPE 

INDUSTRY 

AS APPROVED ON AUGUST 3, 1934 

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UNITED STATES 

GOY.ERNMENT PRINTING OFFICE 

W ASillNGTON: 1934 

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Approved Code No. 18-Amendment No. 3 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CAST IRON SOIL PIPE INDUSTRY 

As Approved on August 3, 1934 

ORDER 

APPROVING AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 

CAST IRON SOIL PIPE INDUSTRY 

An application having been duly made pursuaut to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of an amendment to a Code of Fair Competition £or the Cast Iron Soil Pipe 

Industry, and hearings having been duly held thereon and the annexed report on said amendment, containing findings with respect 

thereto, having been made and directed to the President: 

NOvV, 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 6543-A, dated December 30 

1933, and otherwise, do hereby incorporate by reference, said annexed 

report and do 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 of said Title of 

said Act, and do hereby order that said amendment be, and it is 

hereby approved, and that the preYious approval of said Code is 

hereby modified to include an approval of said Code in its entirety 

as amended, such approval and such amendment to take effect fifteen 

(15) days from the date hereof, unless good cause to the contrary 

is shown to the Administrator before that time and the Administrator 

issues a subsequent order to that effect. 

Approval recommended: 

HUGH s. JOHNSON, 

Administrator for Industrial Recovery. 

BARTON w. MURRAY, 

Division Administrator. 

WASHINGTON, D.C. 

August 3, 1934. 

78045°-1044-27-34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Sm: This is a report on a Public Hearing on the Approved Code 

of Fair Competition for the Cast Iron Soil Pipe Industry, held in 

Washington, D. C., January 23, 1934, in accordance with the provisions of the National Industrial Recover_y Act. 

The Code of Fair Competition for the Cast Iron Soil Pipe Industry was approved by the President September 7, 1933, and amended 

by Order of- the Presid~mt dated December 18, 1933. 

The Code of Fair Competition for the Cast Iron Soil Pipe Industry, which was among the first submitted to the Administration, did 

not contain many provisions which experience has since shown are 

necessary to effectuate the purposes of the Act, and accordingly after 

numerous protests were received by the Administration as to the 

hardship the Code was working on members of the Industry, a 

Public Hearing was ordered by the Administration to provide an 

opportunity for anyone to file objections or offer amendments to 

this Code. 

At the Public Hearing the Cast Iron Soil Pipe Industry represented by its Administrative Agency, the Cast Iron Soil Pipe Association, submitted a proposed amendment to revise its Code of Fair 

Competition. Said amendment was duly heard at the hearing and 

all protests were duly considered. 

The amendment provides for the addition of certain standard 

provisions in order that the Code might conform to the present 

policy of the Administration; it further provides for the establishment of a Code Authority which will be representative of the Industry and conform to the standards of the Administration. 

The Code no longer contains any provisions or appendices which 

might be construed to mean the mandatory use of the Birmingham 

basing point. 

FINDINGS 

The Assistant Deputy Administrator in his final report to me on 

said amendment to said Code having found as herein set forth and 

on the basis of all the proceedings in this matter: 

I 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 Industrial Recovery Act including the 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 of labor and management under adequate 

(2) 
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governmental sanction 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) The Code as amended complies in all respects with the pertinent provisions of said Title of said Act, including without limitation sub-section (a) of Section 3, sub-section (a) of Section 7 

and sub-section (b) of Section 10 thereof. 

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

and will not permit monopolies or monopolistic practices. 

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

and will not eliminate or oppress small enterprises and will not 

operate to discriminate against them. 

( e) Those engaged in other steps of the economic process have not 

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

amendment. 

For these reasons, therefore, I have approved this amendment, 

provided that such approval and such amendment take effect fifteen 

(15) days from the date hereof, unless good cause to the contrary 

is shown before that time, and I issue a subsequent order to that 

effect. 

•Respectfully, 

AUGUST 3, 1934. 

HuoH S. JoaNsoN, 

Administrator. 
AMENDMENT TO CODE OFF AIR COMPETITION FOR THE 

CAST IRON SOIL PIPE INDUSTRY 

Amend Section 1, by deleting in its entirety, and the following substituted therefor: 

SECTION 1 (a) For the purpose of this Code the term " Industry " 

means and includes the business of producing and selling Cast Iron 

Soil Pipe and Cast Iron Soil Pipe Fittings. 

SECTION 1 (b) The term " cast iron soil pipe " as used herein 

means pipe for carrying soil and liquid waste matter from plumbing 

fixtures of buildings into the main sewer system, also for ventilating 

purposes in connection with plumbing systems within buildings, 

and for carrying other liquids where not under pressure. It js manufactured in lengths of five ( 5) feet only, and in diameter ranging 

from 2 inches to 15 inches, with a wall thickness of 1/s inch to -r7~ 

inch. Cast Iron Soil Pipe is manufactured from pig iron and scrap 

iron by casting horizontally in green sand molds and green sand 

cores-by the hand-ramming stripping-plate methods. Its process 

of manufacture and use is not comparable with cast iron pressure 

pipe, which is manufactured in lengths of six (6) to eighteen (18) 

feet by the " pit cast " and " centrifugal " methods, and ranges in 

diameter from two (2) to ninety-six (96) inches, and is used for 

carrying liquids and gas under pressure. 

SECTION 1 ( c) The term " fittings " as used herein means cast iron 

soil pipe fittings, cast iron service, valve, roadway and meter boxes. 

SECTION 1 ( d) The term " member of the Industry " means and 

includes, but without limitation, any individual, partnership, association, corporation, trust, receivership or other form of enterprise 

engaged in the industry, either as an employer or on his or its own 

behalf. 

SECTION 1 ( e) The term " association " as used herein means the 

Cast Iron Soil Pipe Association. 

SECTION 1 (f) The term "employee" as used herein means and 

includes any and all persons engaged in this industry, however compensated, except a member of the industry. 

SECTION 1 (g) The term " employer " as used herein includes any 

one by whom such employee is compensated or employed. 

SECTION 1 (h) The term "President", "Act", and "Administrator", as used herein mean respectively the President of the United 

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

Administrator for Industrial Recovery. 

SECTION 1 ( i) Population for the purposes of this Code shall be 

determined by reference to the latest Federal Census. 

SECTION 1 (j) The term " Code " where used in this amendment 

shall mean the Code of Fair Competition of the Cast Iron Soil 

Pipe Industry as approved by the President, and its Amendments. 

Amend Section 3, by addin~ the following new subsections. 

SECTION 3 (f) Wage AdJUstments Above Minimum.-Equitable 

adjustments of compensation of employees receiving more than the 

(4) 
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minimum rates 0£ pay herein prescribed shall be made by all employers who have not heretofore made such adjustments, and all 

employers shall within thirty (30) days after approval o:£ this Section, report in full to the Code Authority concerning such adjustments whether made prior to or subsequent to such approval, provided, however, that in no event shall hourly rates o:£ pay be reduced. 

SECTION 3 (g) Female Employees.-Female employees performing 

substantially the same work as male employees shall receive the same 

rate o:£ pay as male employees, and, where they displace men, they 

shall receive the same rate o:£ pay as the men they displace. 

SECTION 3 (h) Handicapped Persons.-A person whose earning 

capacity is limited because o:£ age or physical or mental handicap 

or other infirmity, may be employed on light work at a wage below 

_the minimum established by this Code i:£ the employer obtains from 

the State authority designated by the United States Department of 

Labor a certificate authorizing such person's employment at such 

wages and :£or such hours as shall be stated in the certificate. Such 

authority shall be guided by instructions o:£ the United States Department o:£ Labor 1n issuing certificates to such persons. Each employer shall file monthly with the Code Authority a list o:£ all such 

persons employed by him, showing the wages paid to and the maximum hours o:£ work :£or such employee. 

Amend Section 4, by adding the :£ollowin<Y new subsections. 

SECTION 4 ( e) The hourly limitations o:£ Section 4 (a) o:£ the Code 

shall not apply to any employee engaged in emergency maintenance 

or emergency repair work, involving breakdowns, and protection of 

life and property; provided, however, that time and one-half (11⁄2) 

the regular rates shall be paid :£or all hours worked in excess o:£ eight 

(8) hours per day, or forty ( 40) per week. 

SECTION 4 (:£) Piecework Compensation-Minimum Wages.-

This Section establishes a minimum rate o:£ pay which shall apply, 

irrespective o:£ whether an employee is actually compensated on a 

time rate, piece-work, or other basis. 

Amend Section 5, by adding the following new subsections. 

SECTION 5 (a) Reclassification of Em,ployees.-No employer shall 

reclassify employees or duties o:£ occupations performed, or engage in 

any other subterfuge so as to def~at the purposes or provisions of the 

Act or of this Code. 

SECTION 5 (b) St(1/J?,dards for Safety and H ealth.-Every employer shall provide for the safety and health o:£ his employees at 

the place and during the hours o:£ their employment. Standards :£or 

safety and health shall be submitted by the Code Authority to the 

Administrator within three (3) months after the effective date of 

this Amendment. 

SECTION 5 ( c) St(J)te L{l//J)'8.-N o provision in this Code shall supersede any State or Federal law which imposes more stringent requirements on employers as to age o:f employees, wages, hours o:£ work, 

or as to safety, health, sanitary, or general working conditions, or 

insurance, or fire protection, than are imposed by this Code. 

SECTION 5 ( d) Posting.-All employers shall post and keep posted 

copies o:£ this Code in conspicuous places accessible to all employees. 

Every member of the Industry shall comply with all rules and regulations relative to the posting of the provisions of Codes of Fair 
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Competition which may from time to time be prescribed by the 

Administrator. 

SECTION 5 ( e) No employer shall knowingly permit any employee 

to work for any time, which, when added to the time spent at work 

for another employer or employers in this Industry exceed 40 hours 

per week. _ SECTION 5 (f) No employee shall be dismissed or demoted by reason 

of making a complaint or giving evidence with respect to an alleged 

violation of the Code. 

Amend Section 7 by deleting in its entirety, and substituting the 

following therefor : 

SECTION 7 (a) There shall be forthwith constituted a Code Authority consisting of the six (6) members of the Code Committee of the 

Cast Iron Soil Pipe Association and one (1) member to be elected 

from among the members of the industry who are not members of 

the Association, by a fair method of selection which shall be subject 

to review and disapproval by the Administrator. 

In addition to the membership as above provided there may be one 

(1) to three (3) members, without vote, to be appointed by the 

Administrator. 

SECTION 7 (b) Each 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) submit to the Administrator true copies of its articles of 

association, by-laws, 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 e:ff ectuate the purposes of the Act. 

SECTION 7 ( c) In order that the Code Authority shall at all times 

be truly representative of the industry, and in other respects comply 

with the provisions of the Act, the Administrator may prescribe 

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

that the Code Authority is not truly representative or does not in 

other respects comply with the provisions of the Act, may require 

an appropriate modification in the method of selection of the Code 

Authority. 

SECTION 7 (d) No member of the Code Authority shall partici .. pate as a member of such Code Authority in any proceedings in 

which he is interested by virtue of any connections with the Complainant or Respondent, and in the event of any such disqualification 

the Administrator may appoint an alternate, who shall be a member 

of the same group as the disqualified member, to act in the place of 

the disqualified member of the Code Authority. 

SECTION 7 ( e) Nothing contained in this Code shall constitute 

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

shall any provisions of this Code be considered to render any member 

of the Code Authority, exercising reasonable diligence in the conduct 

of his duties hereunder, liable to anyone for anY. action or omission 

to act under this Code, except for his own wilful malfeasance or 

nonfeasance. 

SECTION 7 (f) The Code Authority is hereby designated as the 

agency to administer, supervise and promote 0bservance of the pro-
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visions of _this Code, subject to the right of the Administrator upon 

review to disa:1;>prove any action taken by the Code Authority. 

SECTION 7 {g) The Code Authority may adopt by-laws and rules 

and regulations for its procedure and for the administration and 

enforcement of the Code, subject to the approval of the Administrator. 

SECTION 7 (h) The Code Al).thority shall have the right to use 

such other agencies or individuals 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 agencies shall at all times be 

subject to and comply with the provisions hereof. 

SECTION 7 (i) Upon complaint of any member or upon its own 

initiative, the Code Authority shall investigate alleged violations of 

this Code under such rules and regulations as the Administrator 

ma_y prescribe. 

SECTION 7 (j) In order that the Administrator may be informed 

of the extent of observance of the provisions of this Code and the 

extent to which the policy of the Act is being effectuated in the 

Industry, the Code Authority shall make such reports to the Administrator as he may require and obtain from members of the 

Industry through an impartial non-member of Industry such information and reports as are required for the administration of 

this Code. 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. 

SEOI'ION 7 (k) In addition to information required to be submitted to the Code Authority, all or any of the persons subject to 

this Code shall furnish such statistical information as the Administrator may deem necessary for the purposes recited in Section 

3 (a) of the Act to such Federal and State agencies as the Administrator may designate; nor shall anything in this Code relieve any 

persol?- of any existing obligation to furrnsh reports to Government 

agencies. 

SECTION 7 (I) The Code Authority shall appoint a trade practice 

committee which shall meet with the trade practice committees appointed under such other codes as may be related to this Industry, 

for the purpose of formulating fair trade practices to govern their 

inter-relationships under this code and under such others to the end 

that such fair trade practices may be proposed to the Administrator, 

and when approved by him shall become a part of this code and such 

other Codes. 

SECTION 7 (m) The Code Authority shall establish, subject to the 

approval of the Administrator1 uniform specifications for the types 

and sizes of pipe and fittings 1n accordance with Federal specifications-WW-P-401, and amendments thereto, and shall cause such 

tests and inspections to be made from time to time as will adequately 

safeguard the public interest. When such uniform specifications 

have been prepared and approved by the Administrator they shall 

be published to all members of the industry. Thereafter no member of the Industry shall knowingly sell or offer to sell any product 

of the Industry without it being plainly marked that it does or does 

not conform to the above specifications. This provision shall not 
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apply to products manufactured prior to the effective date of these 

amendments. 

SECTION 7 ( n) If the Administrator shall determine that any 

action of a code authority or any agency thereof may be unfair or 

unjust or contrary to the public interest, the Administrator may 

require that such action be suspended to afford an opportunity for 

investigation of the merits of such action and further consideration 

by such code authority or agency pending final action which shall not 

be effective unless the Administrator approves or unless he shall fail 

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

with such action in its original or modified form. 

Amend Section 8, by deleting in its entirety, and substitute the 

following therefore : 

SECTION 8 (a) It being found necessary to support the Administration of this Code, in order to effectuate the policy of the Act and 

to maintain the standards of fair competition established hereunder, 

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 shall be held in trust for the purposes of the Code and 

raised as hereinafter provided; 

(2) 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 all members of the 

Industry. 

(3) After such budget and basis of contribution have been 

approved by the Administrator, to determine and collect equitable 

contribution as above set :forth, and to that end, if necessary, to 

institute legal proceedings therefor in its own name. 

SECTION 8 (b) 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 C-0de Authority 

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

use of any emblem or insignia of the National Recovery Administration. 

SECTION 8 ( c) The Code Authority shall neither incur nor pay any 

obligation in excess of the amount thereof as estimated in its approved budget, except upon approval of the Administrator; and no 

subsequent budget shall contain any deficiency item for expenditures 

substantially in excess of prior budget estimates except those which 

the Administrator shall have so approved. 

Amend Section 9 and Section 10 by deleting them entirely. 

Amend Section 11, by deleting in Section 11 (B) the following 

"or plumbers' cast iron specialties", 

Further amend Section 11 by deleting Section 11 (e) and 11 (f) 

and substituting the following therefor : 
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SECTION 11 ( e) Quoting a total or lump-sum price on any schedule 

of pipe and fittings. · SECTION 11 (f) No member of the industry shall secretly offer or 

make any payment or allowance of a rebate, refund, commissions, 

credit, unearned discount or excess allowance, whether in the form of 

money or otherwise, nor shall a member of the industry secretly 

offer or extend to any customer any special service or privilege not 

extended to all customers -of the same class, for the purpose of influencing a sale. • 

And further amend Section 11 by adJing the following New SubSections. 

SECTION 11 (g) Guaranteeing against advances and declines in 

published prices of the products of the Industry. 

SECTION 11 (h) Predating or post-dating any quotation or invoice 

or accepting any pre-dated order or other predated contract for the 

sale of any products of the Industry. 

SECTION 11 (i) No member of the Industry shall give any cash 

discount at a rate exceeding two percent (2% ). Such discount shall 

be allowed only on invoices paid on or before the 10th of the month 

for shipments made from the 16th to the end of the previous month, 

inclusive, and on invoices paid on or before the 25th of the month 

for shipments made from the 1st to the 15th, inclusive, of the current 

month; provided that the period may be extended to thirty ( 30) days 

from date of invoice, covering shipments by water between the Pacific 

Coast States and States situated East of the Mississippi River. 

SEC'l'ION 11 (j) In no instance shall a cash discount be allowed on 

transactions financed through the medium of a trade acceptance or 

a promissory note. 

SECTION 11 (k) To accept bonds or other securities in part or in 

whole payment for products at a price which results, at the time of 

the sale, in the sell~r receiving less than the effective filed price for 

the product. 

Amend Section 14 by deleting in its entirety, and substituting the 

following therefor : 

SECTION 14 (a) A member of the Industry may commit himself to 

furnish products of the Industry over an extended period, at prices, 

for use 1n the construction of a particular project; if the character 

of the project is clearly defined and identified, and if the volume of 

products to be delivered is specified within minimum and maximum 

limits defined in terms of quantity on the basis of anticipated requirements, provided that such prices and/or conditions of sale are not 

different than those effective prices and/or conditions of sale filed 

with the Code Authority by such member of the Industry, and effective on the date when such commitment is made. 

Further amend the Code by adding the following new Section, to 

become Section 19 : 

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. 

Approved Code No. 18---Amendment No. 3. 

Registry No. 1128---01. 

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