Approved Code No. 173 Registry No. 1218-1-05 

NATIONAL RECOVERY ADMINISTRATION 

C·ODE OF FAIR COMPETITION . 

FOR THE 

( INDUSTRY ENGAGED IN THE 

SMELTING AND REFINI~G OF 

SECONDARY METALS INTO BRASS 

AND BRONZE ALLOYS IN INGOT FORM 

fA lf 

AS APPROVED ON DECEMBER 21, 1933 

BY 

PRESIDENT ROOSEVELT 

r - - --

U.S. ~E.-09tTOf V 1. Executive Order 

2. Letter of Transmittal 

3. Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

! 

i • 

For sale by the Superinte:tde:tt of Documents, \Vas:ti ngton, D.C. - - · · - - - · Price 5 cc;; tg 
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This publication is for sale by the Superintendent of Documents, Government .Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign 

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

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Seattle, 'Vash.: 809 Federal Building. 
Approved Code No. 173 

CODE OF FAIR COMPETITION 

FOR THE 

INDUSTRY ENGAGED IN THE SMELTING AND 

REFINING OF SECONDARY METALS INTO BRASS 

AND BRONZE ALLOYS IN INGOT F·ORM 

As Approved on December 21, 1933 

BY 

PRESIDENT ROOSEVE.LT 

E xecutive O rder 

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

compliance with the provision of Title I of the National Industrial 

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

of Fair Competition for the Indn try Engaged in the Smelting and 

Refining of Secondary Metals into Brass and Bronze Alloys in Ingot 

Form, and hearings having been held thereon ancl the A lministrator 

having ren lered hi report containing an analysis of the said Code 

of Fair Competition together with his recommendation and findings 

with re pect thereto, and the Administrator having found that the 

aid Code of Fair Competition omplies in all r espect with the pertinent proYisions of Title I of aid Act and that the requirements of 

clauses (1) and (2) of sub. ection (a) of Section 3 of the said Act 

haYe been met : 

XO"r, TI-IEREFORE, I, Franklin D. Roo evelt, Pre ident of the 

rnited States, pur. uant to the authority Ye ted in me by Title I of 

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

otherwi e, do approve the report and recommendation, and adopt 

the fin ling of the A lmini trator, and do order that the aid Code of 

Fair Competition be an l it is hereby approved. 

FRANKLIN D. ROOSEVELT. 

Approval recommended: 

Hcan S. JoHNSON, 

Adndni trator. 

THE \\ RITE Ho E 

D ecem.ber :81, 1933. 

2 ~nl ·----296-±3----~3 (325) 
DECEMBER 16, 1933. 

The PRESIDENT 

The White House. 

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

for the Indu try Engaged In The Smelting and Refining Of Secondary l\1etals Into Bra · And Bronze Alloys In Ingot Form, and on 

the hearing conducted thereon in 'Vashington, D.C., on October 13, 

1933, in accordance with the provisions of the National Industrial 

Recovery Act. 

RE Ul\IE OF CODE AS TO WAGES AND HO RS 

The Code provides a standard work week of 40 hours, except 

during peak periods, which are limited to 6 weeks in any G months. 

No employee shall work more than 6 days or more than 4 hours in 

any one week, or more than 10 hours in any one day. 

These provisions are applicable except in case of mergency, and 

to employees engaged in executive, supervisory, or technical capacitie receiving $35.00 or more per week, and to outsi ie alesmen. 'V atchmen may be employed not to exceed 56 hours, and not more 

than G days in any one week. 

Employees working in excess of 40 hours per week hall be paid 

not les than one and one half time their normal rate. 

'Vhile the uncertainties of production processes in the Industry 

make it difficult always to assure an 8-hour day, the Industry recognizes the principle of the 8-hour day, and the Code contains a 

statement to that effect. 

A minimum wage of 35¢ per hour i. provided, with a rate of $15.00 

per week for office emplo3 e , except that a limited number of 

office boy· and girl · may be pai 1 at the rate of $12.00 per \leek. 

Learner · who may be so clas ified for a period of 3 month , may be 

paid not le s than 80% of the minimum wage. 

Child labor is prohibited, and no person under 18 years of age 

shall be employed in any hazarclou. occupation. 

GE:N ER.d.L ST ATE:\IE.1 -T 

The melting an l refining of seconiary metals into bra . . · and 

bronze alloy jn ingot form i a eli tinct indu try, with mo t of it 

plant · located in the eli trict east of the l\fi i . ippi River ancl north 

of th Ohio RiYer. A number of con ern ·melt, refine manufactur 

or otherwi. e procc. s other nonf rrou, metal an l alloy · u ino· e -

ondary metal principally as raw material . All of the procln t of 

the Inclu try i ca t into ino· t or pio· '" i ·hing from 20 t 35 

pound each whi h are u ed for r a ting into fini he 1 ca tino· by 

the general foundry trade. 

DurinO' th pat twenty year the In 1u ·try ha. njoy d a r markable cleYelopment along cientific line . There ult of a urY y made 

(326) 
327 

by the Non-Ferrous Ingot Metal Institute in 1929, to determine the 

nature and number of the specifi ations which had been requi. itioned 

from its member during the preceding year, indicated that over 600 

separate specifications had been .-erved by the members of the Institute during that year. In th la t three years the Non-Ferrous 

Ingot Metal In titute, in ooperation with the American Society for 

Testing :Material , has ucceecled in reducing its standard pecification for bra ~ and bronze alloys in ingot form to approximately 30. 

The furna e used in the Industry Yary in production capacity 

from 500 to 100,000 pounds. Most of the types u e l by the larger 

unit · are operated continuously and were formerly operated on a 

~-shift program over campaign · of 2 to 6 weeks, requiring long hours 

of work. A change to the 3- ·hift program resulted in an increa e 

of about 40 % in the number of men used. 

During 1929 there were about 1,180 employees in the Industry. 

In 1932 the number of employees decreased to a low of 360, but 

under the Pre ident's Re-Employment Agreement, this number rose 

again to over 900. Prior to the President's Re-Employment Agreement the hours for labor averaged from 54 to 60 per week, and it is 

estimated that under the Code the number of employees will be 

greater than the figure sh0\n1 for 1929. 

The Indu try . tates that it · minimum wage had dropped to 2±¢ 

per hour and estimates that the increa. eel minimum, the readjustment of wage.· above the minimum, and the increase in employment 

under the Code will greatly increase the buying power of employee. 

in the Industry. 

The marketing provi ions of the proposed Code have for their 

purpose the elimination of unfair trade provisions, and it is believed 

that their adoption will aid in the orderly marketing of the products 

of the Industry. 

I believe that the Cotle as proposed i fair to Industry and to 

Labor antl in accordance with the intent and purpo e of the National 

Industry Reco-very Act. The Deputy Administrator find that: 

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

pertinent provi ions of Title I of the Act, including, without limita- tion, . ubsection (a) of Section 7 and ubsection (b) of Section 10 

thereof; and that 

(b) The applicant group imposes no inequitable restriction on 

admi sion to member ·hip therein and is truly representative of the 

Indu try Engaged in the Smelting and Refining of Secondary Metals 

into Brass and Bronze Alloys in Ingot Form; an l that 

(c) The Code as recommended is not de igned to promote monopolies or to eliminate or oppress mall enterprises, and will not operate 

to eli criminate against them, and will tend to effectuate the policy of 

Title I of the National Industrial Recovery Act. 

Accordingly, I hereby recommend the appro' al of this proposed 

Code of Fair Competition for the Industry Engaged in the Smelting 

and Refinino· of Secon lary ~fetals into Brass and Bronz Alloys in 

Ingot Form. 

Re pect.fully, 

I-IuoH S. J oHNSON, 

Administrator. 
CODE OF FAIR COMPETITION 

FOR THE 

INDUSTRY ENGAGED IN THE SMELTING AND REFINING 

OF SECONDARY METALS INTO BRASS AND BRONZE 

ALLOYS IN INGOT FORM 

ARTICLE 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 Industry. Engaged in the Smelting and Refining of 

Secondary Metals into Brass and Bronze Alloys in Ingot Form, 

and upon approval by the President its provisions shall be the standard of· fair competition for such industry and shall be binding 

upon every member thereof. 

ARTICLE II-DEFINITIONS 

The term" industry" us u ·eel herein includes all producers engaged 

in the sn1.elting and refining of secondary metals into brass and 

bronze alloys in ingot form. 

The term "member of the industry " includes but without limitation any indiYidual, partnership, as ociation, corporation, or other 

form of enterprise engaged in the industry, either as an employer or 

on hi own behalf. 

The term ' employee:' a · ed herein includes any and all persons no·agecl in the indu. try, however compensated, excepting a 

member of the industry. 

The terms 'President", ''Act", and "Administrator" as u ed 

herein mean, re ·pectively, the President of the United States Title 

I of the National Indu .. trial Recovery Act, and the Administrator 

for Indn. trial Recovery. 

ARTICLE III-WoRKING Ho RS 

ECTJO~ 1. The . tandarcl worlnveek of the indu try shall not exceed 

40 hours per week, except during peak period , which are limit d 

to 6 w eks in any G months. Provide l, however, that no emplo ee 

hall be employed more han 6 day or more than 48 hour in any 

on \Yeek or more than 10 hour in any one day. 

SEc. 2. The above hour hall not apply to any employ in the 

ca e of emergencies where the afety of m n or the prote ti n or 

pre. · n·ation of property nece itate lono-er hour ; nor hall th y 

apply to empl yee in exccutiYe, ·upervi ory, or t chni al ar a iti s 

receivino· ,' .. 00 or m r per w ek, or ut ide al men· nor to wat h· 

(328) 
329 

men who may be employed not to exceed 56 hours in any one week 

and not more than 6 days in any one week. 

SEc. 3. Employees working in excess of 40 hours per week shall be 

paid not le s than one and one half times their normal rate. 

SEc. 4. The industry recognizes the desirability and accept the 

principle of the 8-hour working day for labor and, insofar as it reasonably can, the industry will endeavor to employ its labor on that 

basis. 

SEc. 5. If any employer of labor in this industry is also an employer of labor in any other industry, the provisions of this Code 

shall apply to and affect only that part of his business which is included in the business of smelting and refining of secondary metals 

into brass and bronze alloys in ingot form. 

SEc. 6. No employer shall knowingly permit any employee to work 

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

another employer or employers in this industry, exceeds the maximum 

permitted herein. 

ARTICLE IV-WAGES 

SECTION 1. On and after the effective date, office employees "hall 

be paid not less than at the rate of $15.00_ per week, except that office. 

boys and girls may be paid at the rate of $12.00 per week. The 

number of such office boys and girls shall not exceed 5% of the total 

number of office employees, except that each office may have one 

such office boy or girl. 

SEc. 2. The minimum wage per hour which shall be paid to other 

employees in the industry shall be at the rate of 35¢ per hour, except 

as herein otherwise provided. 

SEc. 3. This article establishes a minimum_ rate of pay for any 

pay period which shall apply, irrespective of whether an employee 

is actually compensated on a time rate, piecework, or other basis. 

SEc. 4. Learners shall be paid not less than 80% of the minimum 

wage, and the total number of such learners shall not exce-ed 5% 

of the number of employees of such employer. The learning period 

shall not exceed 3 month . 

SEc. 5. Equitable adjustments shall be made of the wages of 

employees now receiving more than the minimum wage as herein 

provided. Such equitable adjustments shall mean that differentials 

existing prior to the formation of this Code shall be maintained 

for all employees. Within 30 days each member shall report to 

the Administrator through the Code Authority all such readjustments. 

SEc. G. Female employees performing sub tantially the ame work 

as male employees shall receive the same rate of pay as male employees. 

ARTICLE V-GENERAL LABOR PROYISION. 

SECTION 1. Ohilcl Labor.-No person under 16 year· of age ·hall 

be employed in the industry. No person under 1 year of age hall 

be employed at operations or occupations which are hazardou in 

nature or dangerous to health. The Code Authority shall submit to 

the Administrator before :May 1, 1934, a li t of uch operations or 

occupations. In any State an employer shall be deemed to haYe com- plied with this provision as to age if he hall haYe on file a certificate 
330 

or permit duly signed by the Authority in such State empowered to 

issue employment or age certificates or permits showing that the 

employee is of the required age. 

SEc. 2. Provisions from the act.-In compliance with Section 7 (a) 

of the Act it is provided : 

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

collectively through representative. of their own choosing, and shall 

be free from the interference, restraint, or coercion of employers of 

labor, or their agents, in the de ignation of such representatives or 

in self-organization or in other concerted activities for the purpose 

of collective bargaining or other mutual aid or protection. 

(b) That no employee and no one eeking 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. 

(c) That em players shall comply with the maximum hours of 

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

approved or prescribed by the President. 

SEc. 3. R eclassificat'ion of em.ployees.-No employer shall reclassify 

employees or duties of occupations performed or engage in any other 

subterfuge for the purpo e of defeating the purposes or provisions 

of the Act or of this Code. 

SEc. 4. Standa?'ds foT Safety and H ealth.-Every employer shall 

make reasonable provi ion for the safety and health of his employees 

at the place and during the hour · of their employment. 

SEc. 5. Standards for afety and health shall be submitted by the 

Code Authority to the Administrator within six ( 6) months after the 

effective date of this Code. 

SEc. 6. State La?PS .-~ o pro,·ision in this Code shall super ede 

any State or Federal law which imposes on employers more stringent 

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

!'afety, health, sanitary or general working conditions, or in urance, 

or fire protection, than are impo eel by thi Code. 

SEc. 7. Posting.-All employers shall post complete opie of the 

Jabor provi ions of thi Code in conspicuous places acce . ible to all 

employees. 

ARTICLE VI-ORGANIZATION, PowER , AND DrnE::; oF 10DE 

AuTHORITY 

SECTION 1. There shall forthwith be con. tituted a Cole Authority 

consisting of 5 per ·ons, 4 of whom .. hall be . elected by the NonFerrous Ingot Metal In titute and one of whom shall be ele ted by 

the Associate members of said Institute. 

SEc. 2. In addition to the member hip a aboYe provid tl there 

may be not to exceed three member , without vote and without expen e to the inclu try, to be appointed by the Admini ti·ator. 

SEc. 3. Ea ·h Trade or Indu trial A .. ·ociation directly or indirectly participating in the sele tion or a tivities £ th ode 

Authority hall ( 1) impo ·e n inequitabl re. triction on nH'mbership and (2) submit to the Au mini 'trator true pie f it. Article 

of A sociat10n, By-Laws, regulations an 1 any am n lmcnt · wh0n 

made thereto tog ther with suC'h other information a t member-

._hip organizati n, ancl a ·ti' itie: a .. th' Admini trator mny deem 

n e ary to effectuate th purpo,.es o£ the ~ ct. 
331 

SEc. 4. In order that the Code Authority hall ut all times be 

truly representative of the industry and in other respect · comply 

with the provisions of the Act, the Admini trator may prescribe such 

hearings as he may deem proper; and there aft r if he hall find that 

the Code Authority is not truly representatiYe or does not in other 

respects comply with the provi ion of the Act, may require an 

appropriate modification in the method of selection of the Code 

Authority. 

SEc. 5. :Members of the industry hall be entitled to participate 

in and share the benefits of the activities of the Code Authority and 

to participate in the selection of the members thereof by accepting 

their reasonable share of the co t of its preparation and administration. Such rea onable share of the expen · s of preparation and 

administration hall be determined by the Cocle Authority, subject 

to review by the Administrator, on the basi of volume of bu ·ine. s 

andjor such other facts as may be deemed equitable. 

SEc. 6. Nothing contained in this Code shall constitute the members of the Code Authority partner for any purpose. Nor shall 

any mem'ber 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, 

ex rcising reasonable diligence in the conduct of his dutie hereunder, be liable to ai1yone for any action or omission to act under 

this Code, except for his own willful misfeasance or nonfeasance. 

SEc. 7. The Code Authority shall have the following further 

powers and duties, the exercise of which shall be reported to the 

Administrator and . hall be subject to his right on review to 

di approve any action taken by the Code Authority. 

(a) To insure the execution of the provisions of this Code and 

provide for the compliance of the industry with the proYi ions of 

the Act. 

(b) To adopt By-Laws and rules and regulations for it procedure 

and for the administration and enforcement of the Code. 

(c) To approve recommendations for th exceptions to the 

marketing provisions of thi Code. 

(d) To obtain from member of the indu try such information 

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

to proYide for submission by members of such information and reports a the Administrator may deem neces ary for the purposes recited in Section 3 (a) of the Act, which information and report 

shall be . ubmitted by mem'bers to such Administrative and/ or government agencie as the Administrator may designate; provided, 

that nothing in this Code shall relieve any member of the industry ... 

of any existing obligation to furnish reports to any government 

agenc . No individual report shall be disclo eel to any other 

member of the industry or to any other party except to . t1ch govcrmnental agencies as may be directed by the Administrator. 

(e) To use such trade a so iations and other agen ie · a it deems 

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

herein, provided that nothing herein shall relie,re the Code Authority 

of it · duties or responsibilitie under this Code and that uch trade 

as ·ociations and agencie hall at all times be . ubject to and comply 

with the provi ion hereof. 
332 

(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 secure from member of the indu try participating in and 

sharing the benefits of the Code Authority an equitable and proportionate payment of the rea sonable expenses of maintaining the Code 

Authority and its activitie . 

(h) To recommend to the Administrator further fair trade practice provisions to govern member of the industry in their relations 

with each other or with other industries and to recommend to the 

Administrator measures for industrial planning, including stabilization of employment. 

(i) To employ such agent. and assistants as may be neces ary to 

perform the duties herein pre cribed. 

ARTICLE VII-l\1:ARKETING AND TRADE PRACTICE RuLEs 

(a) Each member of the industry shall file with the Code Authority the prices at which he is offering his products for sale; which 

prices shall not be less than his current cost as determined by a 

uniform system of cost accounting as provided for in Section (k) of 

this Article; and provided, that any member of the industry may 

file prices below his current cost so determined in order to meet the 

competition of any other member of the industry who has filed prices 

in accordance with this Section. 

(b) In cleterminino· current cost, the cost of raw material u eel in 

the manufactured product. shall be computed on the basis of the repla ement cost thereof preYailing as of the date of sale. 

(c) Any member of the indu. try de ·iring to change the price or 

prices of his products shall notify the Code Authority of all ch.:uges 

to be made sufficiently in advance thereof so that the Code Authority 

''ill r eceive such notice at least one day previous to such change. 

( c1) Published price hall include terms of payment, length of 

booking · or contracts, and F.O.B. point and such other provision as 

may be necessary to fully inform the trade of all con lition of ale. 

(e) Terms of .. ale shall be fully tated and strictly a lhere 1 to 

and invoice hall .. how same. (f) There ·hall be no eli crimination between cu tomers. Difference in price based upon quantity shall not con titute eli crimination. 

(g) Price· and li counts hall be openly and publi ly announ d. 

(h) A uniform sale contract hall be established and U.'ecl b 

the industry, ·ubject to the approval of the Admini. trator. 

(i) All contract shall be equally binclino· upon b th partie· an 1 

ar not subject to repudiation. 

(j) The following are unfair trade practice , and a violation of 

any one or more of them constitute a violation of this Cod : 

1. Selling below openly and publi ly announce l I ri an 1 term 

as provid 1 for in Sections (a) an l (c) of thi Articl . 

2. Secret allowance or secret rebate of any kind. 

3. Fal e elating of ntracts or billing . 

4. Allo\\anc s by any nam or of any natur whi h are not justifi c1 

by the facts and are ma 1 in collu .. ion with th bu r for th purpo ·e or effect of defeatino- th provi ion of thi. Code. 
333 

5. Storao-e of products of the industry in consumer ' warehouses 

or sales on consignment to consumers, except under rircnm tan e to 

be defined by the Code Authority, where peculiar circum tances of the 

industry make the practice advisable. 

6. Special services or privileges to certain purcha ·er · when not 

extended to all purchaser under like terms and conditions.· 

7. :Making tal e or misleading statements about competitor ' products, or reo·arding the character, management, or financial standing 

of a competitor. 

8. False or mislea ling adverti ing, mislabeling, or misbranding. 

9. The adoption of brands (either in design or name) which so 

closely approximate the brands or trade-m.arks of a competitor as 

to deceive or confuse a buyer by similarity of appearance or brand. 

10. Inducing or attempting to induce a breach or a cancelation 

of a contract between a competitor and his customer. 

11. 11aliciously enticing away the employees of a competitor with 

the purpose and intent of unduly hampering, injuring, and embarrassing a competitor in his business. Nothing herein shall prevent 

any employee from offering his services to a competitor or prevent 

any member from employing an employee of another member where 

the initiati' e in such change of employment comes solely from the 

employee. 

12. Giving or permitting to be given, or directly offering to give, 

anything of value f0r 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 agent or the represented party, without the knowledge of 

such employer, principal, or party. Commercial bribery provisions 

shall not be construed to prohibit free and general eli tribution of 

articles commonly used for advertising except so far as such articles 

are actually used for commercial bribery as here ina hove defined. 

13. Guaranty again t decline in price. 

14. Payment of brokerage in excess of the usual and customary 

commi c:sion with the purpo e or effect of defeating the provi ions of 

this Code. 

(k) Every membPr of the industry shall u e a co t accounting system which conforms to the principles of and is at least a · detailed 

and complete as the uniform metho:-:1 of costing to be prescribed by 

the Code Authority and approve 1 by the Administrator. 

ARTICLE \'III-ExPORT TRADE 

No pronswn of thi Code relating to price · or terms of clling, 

shipping or marketing, shall apply to export trade or .. ale · or shipments for export trade of unfabricated products of thi ~ indu try. 

AnTICLE IX-l\1omFICATIO 

(a) This Co lc and all the proYisions thereof are expressly mado 

subject to the right of the President, in accordance with the proYisions of ·ub ection (b) o£ Section 10 of the Act, from time to time to 

cancel or modify any order, approYal, licen e, rule, or regnlation 

issued under aiel Act. 
UNIVERSITY OF FLORIDA 

llllllllllllll lllllllllllllllllllllllll lll llllllllllllllllll\111 

334 3 1262 08852 5422 

(b) This Code, except as to provi ions required by the Act, may 

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

such modifications to be ba eel upon application to the Administrator 

and such notice and hearing as he shall specify, and to become 

effective on approval of the President. 

ARTICLE X-MONOPOLIES 

No provision of this Code shall be so applied as to permit monopolies, or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE XI-EFFECTIYE DATE 

This Code hall become effectiYe 10 days after its approval by the 

President. 

Approved Code No. 173. 

Registry No. 1218-1-05. 

0