__ Registry No. 1201-1-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR TH·E 

COPPER AND BRASS MILL 

PRODUCTS INDUSTRY 

AS APPROVED ON NOVEMBER 2, 1933 

BY 

PRESIDENT ROOSEVELT 

WI DO OUR PART 

1. Executive Order 

2. Letter of Transmittal 

I • 

fAll c --~~ 

L-__ u_ ... __ IJ_f_t-_~ __ T_O_. __ '_ UNJTED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

I I 

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(n) 
EXECUTIVE ORDER 

ConE OF FAIR CoMPETITION FOR THE CoPPER AND BRAss MILL 

PRODUCTS INDUSTRY 

An application having been duly made, pursuant to and in full 

compliance with the provisions of title I of the National Industrial 

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

of Fair Competition for the Copper and Brass Mill Products Industry, and hearings having been held thereon and the Administrator 

having rendered his report containing an analysis of the said code of 

fair competition together with his recommendations and findings 

with respect thereto, and the Administrator having found that the 

said code of fair competition complies in all respects with the pertinent provisions of title I of said act and that the requirements of 

clauses (1) and (2) of subsection (a) of section 3 of the said act have 

been met: 

NOW, THEREFORE, I, Franklin D. Roosevelt, President of the 

United States, pursuant to the authority vested in me by title I of 

the National Industrial Recovery Act, approved June 16, 1933, and 

otherwise, do approve the report and recommendations and adopt the 

findings of the Administrator, and do order that the said code of 

fair competition be and it is hereby approved. 

THE WRITE HousE, 

November 2, 1933. 

Approval recommended: 

HuGH S. JoHNSON, 

Administrator. 

18928°----188-126----33 

FRANKLIN D. ROOSEVELT. 

(III) 
NOVEMBER 1' 1933. 

The PRESIDENT, 

The White House. 

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

the Copper and Brass Mill Products Industry, and on the hearing 

conducted thereon in Washington, D.C., on August 31, 1933, in 

accordance with the provisions of the National Industrial Recovery 

Act. 

RESUME OF THE CODE AS TO WAGES AND HOURS 

The Code provides for a 40-hour week and an 8-hour day, except 

as to outside salesmen, executive and supervisory staffs, with a further 

provision that watchmen and power-house employees may work 

48 hours in any week. Any employee may work m excess of the 

maximum hours in case of emergencies, but in such event payment of 

time and one half for overtime is provided. 

Minimum wages are at the rate of 40 cents per hour for males 

and 35 cents for females, unless the hourly rate for the same class of 

work on July 15, 1929, was less than the respective minima, in which 

case the minimum rates are not to be less than the hourly rates on 

July 15, 1929, and in no event less than 35 cents for males and 30 

cents for females . . The minimum wages provided are guaranteed whether the employee 

is compensated on a time r ate, piece rate, or salary basis. 

Child labor is prohibited. The continued employment of physically 

incapacitated employees and employers in clerical and laboratory 

work and messengers who may be under 18 years of age is permitted, 

provided the total number of both classes of employees does not 

exceed 5% of the total number of employees. 

GENERAL STATEMENT AND ECONOMIC REPORT 

This is the Copper and Brass rolling mill industry, as more specifically covered by the definition in the code. The code was submitted b.Y the Copper and Brass l\1ill Products A ociation, an 

organization including in its membership more than 95% of the 

production of the in.dustry. As of July 31, 1933, it repros nted a 

capital investment of $152,000,000 and on tha t date the member 

firms emplo_yed approximately 24,000 persons. Pertinent data on employment, wages, and hours, as submitted by 

the industry, is as follows: 

Kumber M inimum Average 

employed wage rates hours of 

work 

1928 --- ------------------------------------------------------------- 25, 915 39. 7 5G-55 29 ____ _____ _________ _____ _____ _________ ____ ____ _______ __________ _ _ 28, 324 39. 9 5G-55 

January 1933-------------------------------------------------------- 1 ' i82 32. 4 38 

A UJ!;USt 15, 1933 _ ---------------------------------------------------- 23, 7 2 3 . 1 42 

Under Code at August 15, 1933 rate of operation ___ ______________ __ _ 24,000 40. 0 40 

(IV) 
v 

Operation under substantially the provisions of the Code has 

resulted in the employment of approximately 5,000 additional 

employees since the first quarter of the year and an increase in the 

annual payroll of the industry of approximately $4,500,000 is anticipated as a result of the Code. 

The Executive Committee of the Copper and Brass Mill Products 

Association are set up as a planning and fair-practice agency to 

cooperate with the Administrator in the enforcement and administration of the code and all acts of the administrative group are made 

subject to the disapproval of the Administrator. 

Certain products produced by the industry are used both for 

electrical and other purposes, and a difference of opinion arose between 

the manufacturers involved as to whether these products should be 

subject to the electrical code rather than the code of this industry. The different firms interested have agreed th at they will settle the 

question among themselves and no difficulty of administration is 

anticipated. 

I believe that the code is fair to Industry, to Labor, and to the 

Consumer, and in accordance with the intent and purpose of the 

National Industrial Recovery Act. 

I find that: 

(a) The Code as recommended complies in all respects with the 

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

subsection (a) of Section 7 and subsection (b) of Section 10 thereof; 

and that 

(b) The applicant group imposes no inequitable restrictions on 

admission to Inem.bership therein and is truly representative of the 

Copper and Brass J\1ill Products Industry; and that 

(c) The Code as recommended is not designed to promote monopolies or to eliminate or oppress small enterprises and will not operate 

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

of Title I of the National Industrial Recovery Act. 

Accordingly, I hereby recommend the approval of this proposed 

Code of Fair Competition for the Copper and Brass Mill Products 

Indus tr::v. 

:Re8pe<., tf tilly, 

HuGHS. JoHNSON, 

Administrator. 

CODE OF FAIR COMPETITION OF THE COPPER AND BRASS 

MILL PRODUCTS INDUSTRY 

ARTICLE I-DEFINITIONS 

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

the United States of America. 

SEc. 2. The term "the Industry" means the industry of rolling, drawing and forming, and re-rolling and re-drawing, for sale in 

the open market, mill products, including sheets, strips, rods, wire, 

pipe, tubes and shapes of copper, brass, bronze or related alloys. 

It shall not include the manufacture of wire and cable of copper 

or copper alloy for electrical transmission. 

SEc. 3. The term "manufacturer" includes all those engaged in 

manufacturing in the Industry as defined above. 

SEc. 4. The term "Executive Comrnittee" means the ExecutiYe 

Committee of the Copper and Brass Mill Products Association. 

SEc. 5. The term "Administrator" as used in this Code means 

the Administrator appointed by the President to administer Title 

I of the National Industrial Recovery Act, and at the tin1e in office. 

ARTICLE II-GENERAL PURPOSE 

SECTION 1. This Code is adopted pursuant to Title I of the 

National Industrial Recovery Act, and shall apply to all manufacturers. 

SEc. 2. It is the purpose of this Code to set up standards of fair 

competition which will improve the conditions of employment of 

labor, eliminate unfair competitive practices, safeguard the interests 

of the buying public through an open and simple price structure, and otherwise rehabilitate the Industry, so as to carry out the policy 

of the National Industrial Recovery Act. 

ARTICLE III-LABOR AND EMPLOYMENT 

SECTION 1. Minimum Age Limit.-No person under eighteen years 

of age shall be employed, except that in clerical and laboratory work 

and for messengers the minimum age for employment shall be sixteen 

years, provided, however, that where a state law provides a higher 

minimum age no person below the age specified by such state law 

shall be employed within that state. 

SEc. 2. Old and Disabled Employees.-The Industry heretofore 

has pursued the policy of retaining employees of long service records 

who have become incapable of full productive effort because of old 

age or physical disability by giving them work which is within their 

abilities to perform. This policy will be continued. 

SEc. 3. Minimum Wages.-It is agreed that the following paragraph 

establishes a guaranteed minimum rate of pay regardless of whether 

the employee is compensated on the basis of a time rate or piecework 

performance or salary basis. 

{1) 
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The minimum wage of any male employee 18 years of a~e and over 

in the Industry shall be 40¢ per hour of work and the mimmum wage 

of any female employee eighteen years of age and over shall be 35¢ per 

hour of work, unless the hourly rate for the same class of work on 

July 15, 1929 was less than the respective one of these minima, in 

which latter case the minimum shall not be less than the hourly rate 

on July 15, 1929 and in no event less than 35¢ for males and 30¢ for 

females; provided, however, that the difference in the above minimum 

wages shall not in any way be considered as a discrimination by reason 

of sex, and where in any case women do substantially the same work 

or perform substantially the same duties as male employees they shall 

receive the same wage as men receive for doing such work or performing such duties. The minimum wage for any employee between the 

ages of sixteen and eighteen years, as classified in Section 1 of this 

Article, and for old or partially incapacitated employees, as classified in Section 2 of thi~ Article shall be not less than 80 percent of such 

minimum wage, but the total number of such employees shall not in 

any calendar month exceed 5 percent of the total number of employees; 

provided, however, that where a state law provides a higher minimum 

wage no person shall be employed in that state at a lower wage than 

that specified by such state law. 

SEc. 4. Maximum Hours of Work.-The maximum hours that any 

employee, except outside sQ,lesmen, executive and supervisory staffs, 

shall work in any one day shall be eight hours, and in any calendar or 

pay-roll week 40 hours; provided, however, that watchmen and power 

house employees may work more than 8 bouTs per day and more 

than 40 hours per week, but not in excess of 48 hours in any week 

' without overtime payment of employees. In case of emergencies of 

any character, such, for example, as those arising from the need of 

repairs or of meeting unusual requirements of peak production or 

shipment, any employee, upon request of the employer, may work a 

total nt:mber of hours greater than 8 hours in any one day, or 40 hours 

in any one calendar or pay-roll week, the excess work in such case 

over 8 hours in any day or over 40 hours in any one calendar or payroll week to be paid for at one and one half the regular hourly rate; 

but this provision shall not be construed to require more than one 

overtime p[Lyment for the same overtime work, and shall not apply 

to watchmen and power house employees except for time in excess of 

48 hours per week. 

SEc. 5. 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. 

SEc. 6. 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. 

SEc. 7. Employers shall comply with the maximum hours of labor, 

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

or prescribed by the President. 

SEc. 8. There shall be an equitable adjustment of wages above the 

minimums herein prescribed, to the end that so far as may be equi-
3 

table the differentials which now exist between the wage rates paid to 

skilled workers and those paid for unskilled labor shall be preserved. 

ARTICLE IV --SALES TERMS AND CoNDITIONs 

SECTION 1. Oredit Terms.-All manufacturers shall adopt and 

maintain uniform credit terms, to be established by the Executive 

Committee. Such credit terms shall clearly appear on all quotations, 

contracts, invoices, and acceptances of orders. 

SEc. 2. Terms and Conditions of Oontract.-All manufacturers shall 

adopt and maintain fair and equitable uniform contract terms and 

conditions to be established by the Executive Committee. 

SEc. 3. Dejaults.-N eglect by manufacturers to enforce contracts, 

or variation from the terms or conditions of contracts when established, as hereinbefore provided, as a means of evading price schedules 

or securing the customer's favor, are forbidden as unfn.ir competition. 

SEc. 4. Secret Rebates.-No manufacturer shall grant secret rebates 

or concealed favors to customers. 

SEc. 5. Umjorm Practices.-lt is the policy of this Code to bring 

about uniformity on the part of all manufacturers in regard to consignments, freight allowances, the granting of options, and other 

uniform fair and equitable sales practices, including treatment of 

distributors. 

ARTICLE V-PRICE ScHEDULEs 

Every manufacturer shall issue and distribute to the trade, and 

shall file with the Executive Committee, price schedules clearly stating all products for sale by such manufacturer, the prices therefor, and 

the quantities to which such prices apply, and also the prices which 

such manufacturer offers to pay for scrap. Each manufacturer, upon 

issuing new price schedules or any revision thereof after the effective 

dates fixed as hereinafter provided in this Article, shall immediately 

file a copy of such schedules or revisions with the Executive Committee. 

Sales directly or indirectly by a manufacturer of his products or 

purchases of scrap at prices other than those stated on the latest price 

schedules of such manufacturer filed with the Executive Committee 

are forbidden as unfair competition. Sales shall be deemed to include 

finished mill products supplied by a manufacturer to his subsidiary or 

a department for reworking, and such sales shall not be made at prices 

less than those stated on such manufacturer's latest price schedules 

filed with the Executive Cornmittee. Owin~ to the complexity of manufacturer's price schedules, time will 

be requrred for the construction of complete price schedules to conform with this Article V. Therefore, the provisions of this Code, in 

so far as they depend upon the price schedules provided for in this 

Article V, shall not become effective as to the respective products 

until dates which shall be fixed from time to time by the Executive 

Committee for each such product. The Executive Committee shall 

give written notice of every such effective date to each manufacturer 

who shall be a member of the Copper and Brass Mill Products Association, or if not a member, whose address shall be recorded with that 

Association. 

On the effective dates fixed for the respective products the price 

schedules for each such product filed by each manufacturer shall · 
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apply to all unshipped material on contracts outstanding on such 

date entered into subsequent to the effective date of this Code, but 

in no case shall such contracts be filled at prices lower than the base 

prices with the qualifying extras in the contract. 

The Executive Committee shall consider the subject of contracts in 

existence on the effective date of this Code, and shall make rr.commendations to the Association as to the disposition of such contracts. 

It is clearly understood that each manufacturer shall be free at all 

times to narne the sale prices for his products and his purchase prices 

for scrap; but sueh prices shall be stated in price schedules to be filed 

with the Executive Committee, and shall be observed, as hereinabove 

provided. 

ARTICLE VI-PRICE PROTECTION 

The practice of giving to customers protection n,gainst advance in 

price and guaranty against decline in price is generally injurious, and 

is forbidden as unfair competition, except as specifically permitted by 

the price schedules referred to in Article V in the case of sales to distributors and sales under options in connection with job contracts. 

No manufacturer shall enter into any understanding or agreement 

with a customer that a contract or order accepted from such customer 

is to be binding only in case of an advance in price over the price 

named in such contract or order. Where a contract or order is in 

good faith put into transit to the manufacturer, the manufacturer 

rnay accept such contract or order, notwithstanding an advance of 

price between that time and its receipt by the manufacturer. A 

manufacturer may accept a contract or order based upon a quotation 

offered by him, provided the customer accepts the quotation promptly 

and in good faith, notwithstanding a price advance between the date 

of the quotation and the acceptance thereof by the customer. Except 

as hereinbefore provided, no manufacturer after an advance in his 

price shall accept a contract or order at the price effective prior to 

such advance. A manufacturer may accept a contract or order at 

his price in effect at the time of the receipt thereof, notwithstanding 

the price has declined below the price named in such contract or 

order. 

ARTICLE VII-DISTRIBUTORS 

The selling of the products of the industry to distributors at prices 

lower than prices given to other customers is recognized as a proper 

trade practice, provided such lower prices are fully and clearly set 

forth in the price schedules of the manufacturer as provided in Article 

V. No manufacturer shall give such lower price to any buyer unless 

he be a distributor of acceptable credit, regularly engaged in the 

wholesale business and carrying adequate stocks of the manufacturer's products. 

Whereas, the great preponderance of sales by manufacturers in 

this industry is made without the intervention of distributors and 

the sale by distributors, where such services are used, at a price less 

than the manufacturer's published price schedules would unfairly 

break down the open price structure provided for in Article V hereof, ny manufacturer may enter into an agreement with a distributor by 

which such distributor may agree that he will sell the products purchased from such manufacturer at not less than the pnces contained 
5 

in the published price schedules of such manufacturer in effect at the 

time of any such sale. 

ARTICLE VIII-INTERMEMBER SALES 

Sales of mill products by any manufacturer to other manufacturers 

for resale in the same form as purchased, may be made on any basis 

mutually satisfactory to them. 

ARTICLE IX-GENERAL uNFAIR PRACTICES 

SEcTION 1. Adherence to Standards.-Deviation from standard 

specifications to be established by the Copper and Brass Mill Products 

Association for products of the Industry for the purpose of evading 

the provisions of this Code is forbidden as unfair competition. 

SEc. 2. Lump Sum Bidding.-. All bids shall be based on the price 

schedules showing each item separately and items shall not be lumped 

for bidding in any manner other than provided in such price schedules. 

SEc. 3. Trade Marks and Trade Names.-The imitation of the 

trade marks or trade names of other manufacturers having the tendency to mislead or deceive customers or prospective customers, or 

consumers, or the tendency injuriously to affect the business of such 

competing manufacturers, is prohibited as an unfair method of 

competition. 

SEc. 4. False Labeling.-The false marking, labeling, or branding 

of any product which has the tendency to mislead or deceive customers, or prospective customers, or consumers as to the quality, 

size, material, character, or grade of such product, is prohibited as an 

unfair method of competition. 

SEc. 5. False Advertising.-The making or causing or permitting to 

be made or published of any false, untrue, or deceptive advertisement, 

or the assertion in such advertisement of exaggerated claims, concerning the grade, quality, character, material, origin, or size, which has 

the tendency to mislead or deceive customers, or prospective customers, or the ultimate retail purchasers, or the tendency to injure 

the business of a competing manufacturer, is prohibited as an unfair 

method of competition. 

SEc. 6. Commercial Bribery.-The direct or indirect giving, permitting to be given, or offering of money or anything of value, by a 

manufacturer, or his agents, employees, salesmen, or representatives, 

to the agents, employees, buyers, or representatives of customers or 

prospective customers, or to the customers themselves, for the purpose of inducing such customers, or their agents, employees, buyers, 

or representatives, to purchase or contract to purchase products from 

the manufacturer making such gift, or suffering the same to be made, 

or to refrain from dealing or contracting to deal with competing manu- fact~ers, is prohibited as an unfair method of competition. 

SEc. 7. Defamation of Competitors.-The defamation or disparagement of competing manufacturers by falsely imputing to them dishonorable conduct, inability to perform contracts or to make deliveries, 

questionable credit standing, or by other false reports having the 

tendency to mislead or deceive customers or prospective customers, 

is prohibited as an unfair method of competition. 
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ARTICLE X-ADMINISTRATION 

To further effectuate the policies of the National Industrial 

Recovery Act, the Executive Committee is set up to cooperate with 

the President as a planning and fair practice agency for the Industry. 

The President in his discretion may appoint not to exceed three nonvoting representatives to serve with the Executive Committee in the 

administration of this Code. Such agency may from time to time 

present to the President recommendations based on conditions in 

the industry as they may develop, which will tend to effectuate the 

operation of the provisions of this Code and the policy of theN ational 

Industrial Recovery Act, and in particular along the following lines: 

(1) Recommendations as to the requirements by the President of 

such report of statistical injormation from persons engaged in the 

industry as may be required to secure the proper observance of the 

Code and the stabilization of employment. 

(2) Recommendations for the making of requirements by the 

President as to practices by persons engaged in the Industry as to 

methods and conditions of trading, the naming and reporting of 

prices which might be appropriate to avoid discrimination, to prevent 

and elinlinate unfair and destructive competitive prices and practices. 

Such recommendations, when approved by the President, shall 

have the same force and effect as any other provisions of this Code. 

Such agency is also set up to cooperate with the President in making 

investigations as to the functioning and observance of any of the 

provisions of this Code at its own instance, or on complaint by any 

person affected. 

To further effectuate the policies of the Industrial Recovery Act, 

the Executive Committee shall hold itself in readiness to assist and 

keep the Administrator fully advised and to meet with the Administrator's representative from time to time as requested, to consider 

and study any suggestions or proposals presented upon behalf of 

the Administrator or any member of the Industry regarding the 

operation, observance, or administration of this Code. 

In addition to information required to be submitted to the Executive Committee, there ~hall be furni~hed to government agencies 

such statistical information as the Administrator may deem necessary for the purposes recited in Section 3 (a) of theN ational Industrial 

Recovery Act. 

ARTICLE XI-REPORTS 

SECTION 1. Reports on Shipments.-Each manufacturer shall report 

his shipments monthly to the American Bureau of Metal Statistics, 

or to such other organization or person as may be designated by the 

Copper and Brass Mill Products Association, in the form provided 

for the purpose. 

SEc. 2. Reports on Job Contracts.-Each manufacturer shall report 

to the Executive Committee all contracts written for merchandise 

products, such as pipe and tube, extruded architectural shapes, sheet1 roll, and strip copper for buildings, giving quantities, amounts, and 

the account within three days after the receipt of the contract by 

such manufacturer. 

SEc. 3. Reports of Defaults and Cancellations.-Each manufacturer 

shall report to the Executive Committee all defaults on contracts or 
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cancellations thereof, g1vmg the attending circumstances and the 

action actually taken by such manufacturer with respect to such 

defaults and/or cancellations. 

SEc. 4. The Secretary or other officer designated by the Executive 

Committee shall receive the reports called for by Sections 2 and 3 of 

this Article XI. 

SEc. 5. Reports.-Every manufacturer shall furnish any special or 

general reports requested by the Administrator. 

ARTICLE XII-MODIFICATION AND SuPPLEMENTs 

Such of the provisions of this Code as are not required to be included 

therein by the National Industrial Recovery Act may, with the 

approval of the President, be modified or eliminated as changes in 

circumstances or experience may indicate. It is contemplated that 

from time to time supplementary provisions to this Code or additional codes may be submitted for the approval of the President to 

prevent unfair competition in price and other unfair and destructive 

competitive practices and to effectuate the other purposes and policies 

of Title I of the National Industrial Recovery Act. Pursuant to 

Subsection (b) of Section 10 of Title I of the National Industrial 

Recovery Act, the President may from time to time cancel or modify 

any order, approval, license, rule or regulation issued under said Title. 

ARTICLE XIII-NIONOFOLISTIC PRACTICES 

It is expressly understood that no provision in this Code shall be 

interpreted in such a way as to condone or permit conduct or operations tending to promote monopolies or to eliminate or oppress small 

enterprises, or to discriminate against them. 

ARTICLE XIV-EFFECTIVE DATE 

This Code shall become effective on the second Monday following 

its approval by the President. 

ARTICLE XV 

Any action taken by the Executive Committee or by the Copper 

and Brass Mill Products Association or any group within the Industry 

for the purpose of making effective the provisions of this Code may, 

in the discretion of the Executive Committee, be submitted to the 

Ac1ministrator for approval, and Rhall in any case be subject to the 

disapproval of the Administrator. 

ARTICLE XVI 

No inequitable restrictions shall be imposed upon membership in 

the Copper and Brass Mill Products Association or its successors. 

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