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NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

PLUMBAGO CRUCIBLE 

INDUSTRY 

AS APPROVED ON OCTOBER 23, 1933 

BY 

f M, 'I 

PRESIDENT ROOSEVELT 

o1. Executive Order 

2. Letter of Transmittal 

8. Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the S uperinten den t of Documents, Washington, D.C. - - - - - - - ~ Price 5 cents 
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 

Atlanta, Ga.: 504 Post Office Building. Birmingham, Ala.: 257 Federal Building. 

Boston, Mass.: 1801 Customhouse. 

Buffa lo, N.Y.: Chamber of Commerce Building. Charleston, S.C. : Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

CleYeland, Ohio : Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, Mich.: 2213 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. J acksonville, Fla.: Chamber of Commerce Building. 

Kansas City, :Mo.: 1028 Baltimore Avenue. Lo~ Angeles, Calif. : 1163 South Broadway. Louisville, Ky.: Room 405, 421 West Market Street. 

Memphis, Tenn. : 266 South Water Street. 

Minneapolis, Minn. : 213 Federal Building. 

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San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 1406 Vance Building. 

(ll) 
EXECUTIVE ORDER 

CoDE oF FAIR CoMPETITION FOR THE PLUMBAGO CRUCIBLE INDUSTRY 

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

compliance with the provisions of Title I of the National Industrial 

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

of Fair Competition for the Plumbago Crucible 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 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 adopt and approve the report, recommendations, and 

findings of the Administrator and do order that the said Code of 

Fair Competition be and is hereby approved. 

THE WRITE HousE, 

October 1£3, 1933. 

Approval Recommended : 

FRANKLIN D. ROOSEVELT. 

HuGH S. JoHNSON, 

Administrator. 

(ill) 

17477°----188-41----83 
THE PRESIDENT' 

OcTOBER 12, 1933. 

The White House. 

SIR: This is a report of the hearing on the Code of Fair Competition for the Plumbago Crucible Industry in the United Stateshconducted in Washington on October 4i 1933, in accordance wit the 

provisions of the National Industria Recovery Act. 

PROVISIONS FOR HOURS AND WAGES 

This Code limits the hours of work for employees to 40 a week, 

except as follows : 

When demand places an unusual burden upon production employees may work 48 hours a week during one week in each month 

and will be J?aid time and one half for overtime in excess of 40 hours 

weekly. K1ln burners on continuous-process operations who have 

previously been employed up to 72 hours per week are now limited 

to 48 hours a week. This work is not laborious and is in the nature 

of a specialized or technical watchman's duties. The step down to 

48 hours is a marked advance over the longer week. Usually two 

men only are needed for this work in each plant. Care and maintenance workers, stock and shipping clerks are given a 10 percent 

tolerance over the 40-hour week. Emergency maintenance and repair workers may exceed 40 hours, receiving the time and a half overtime wage. 

The minimum wage provideq is 40 cents to all employees except 

those physically handicapped. 

Employees engaged in accounting, clerical, sales~ and service work 

will receive not less than $15.00 per week. Office boys and girls are 

to be paid not less than 80 percent of this latter figure. 

The minimum age of factory employees will be 18 years, and of 

other employees, 16 years. 

ECONOMIO EFFECT OF CODE 

This Industry is contributing to reemployment by putting back 

to work approximately 28 percent of those employed on February 

16, 1932. This will be accomplished through the reduction of normal hours from 48 to 40. While this is comparatively a small Industry, a large percentage of skilled workmen are required. 

The minimum hourly rate for employees was 30 cents prior to 

adjustments made to conform with the spirit of the National Recovery Act. The increase in minimum hourly rates to 40 cents, and 

adjustments in wages to those in higher brackets, together with the 

new employees added, will represent an increase of over 30 percent 

in weekly poy roll, or approximately $60,000 yearly. 

One provision under Trade Practices is unusual : 

Article VII, Section II, adherence to standards, eliminates the sale 

oi second quality crucibles. This provision prevents the danger to 

.(IV}_ 
v 

operatives which might occur if inferior quality products of the Industry were distributed and used. Safety of performance being a 

first consideration, high quality becomes essential. The crucibles, 

accessories and refractories containing plwnbago or graphite, are 

sold for use in melting metals in the ferrous and nonferrous fields. 

Sales of the Industry during the first six months of this year were 

about a third the rate of those in 1929, which follows the trend of 

other capital s-oods distribution. Then, too, although the products 

are essential 1n production of many highest quality metals, they 

compete in some markets with electric furnaces. Only by increasing 

business, which will depend largely upon activity in the metal industry where these products are used, can this Industry put a large 

percentage of employees back to work. In arriving at the terms expressed in the Code, it has shown its cooperation in complying with 

the spirit of the Act. 

FINDINGS 

The Administrator finds that: 

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

pertinent provisions of Title I of the Act, including, without limitation, subsection (a) of Section 7 and subsection (b) of Section 10 

thereof; and that 

(h) The applicant group imposes no inequitable restrictions on 

admission to membership therein and is truly representative of the 

Plumbago Crucible Industry. 

(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. 

It is recommended, therefore, thn.t this Code be immediately 

adopted. 

Respectfully, 

HUGH s. JOHNSON' 

Administrator. 
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CODE OF FAIR COMPETITION FOR THE PLUMBAGO 

CRUCIBLE INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are submitted as a Code of 

Fair Competition for the Plumbago Crucible Industry, and upon 

approval by the President, shall be the standard of fair competition 

for this industry. 

ARTICLE II-DEFINITIONS 

The term " Plumbago Crucible Industry " as used herein is defined 

to mean the manufacture :for sale of crucibles, retorts, saggers, covers, 

stoppers, lids, stirring rods, brazing boxes and similar refractory 

products, all of which contain flake plumbago or graphite, irrespective of the amount of flake plumage or graphite contained therein. 

The term "employee" as used herein includes any person engaged 

in any phase of the industry in any capacity in the nature o:f 

employee irrespective of the method o:f payment of his compensation. 

The term "employer" as used herein includes anyone for whose 

benefit such an employee is so engaged. 

The term "member of the industry" includes any manufacturer 

who shall be subject to this Code. 

The term "member of the code" includes any member of the 

industry who shall expressly signify assent to this Code. 

The terms "President", "Act", and "Administrator" as used 

herein shall mean respectively the President of the United States~ 

the National Industrial Recovery Act, and the Administrator of said 

Act. 

" Effective date " as used herein means the first Monday after this 

Code shall have been approved by the President of the United 

States. 

ARTICLE III-HoURs 

1. On and after the effective date no employee shall work or be 

permitted to work in excess of 40 hours in any one week, with the 

following exceptions : 

(a) Kiln burners shall be permitted to work not to exceed 48 

hours in any one week, and 

(b) There shall be a tolerance of ten percent (10%) over the 

maximum of 40 hours worked in any one week for employees engaged in the care and maintenance of plant and machinery, and for 

stock and shipping clerks. 

(c) During &ny period in which a concentrated demand upon the 

Industry shall place an unusual and temporary burden for produc-

(1) 
2 

tion u:;:>on its facilities, employees may be permitted to work not 

more than 4 hours per week in not more than one week of any one 

month's period· provided however, that in uch pecial cases time 

and one half hall be paid for hours worked in exce s of eight hours 

pe.r day. 

2. These limitations as to hours of labor shall not apply to persons 

employed in a upervisory capacity receiving more than $35.00 per 

week, nor to out ide salesmen, field-service men, and watchmen; provided, however, that watchmen shall have one day of rest in seven. 

3. The maximum hours fixed in this Article III shall not apply 

to employees on emergency maintenance and repair work or to very 

special cases where restriction of hours of highly skilled workers 

would unavoidably reduce or delay production, but in any such special case time and one half shall be paid for hours worked in excess 

of 8 hours per day or 40 hours per week, and provided that not more 

than seven and one half (7Y2 ) percent of the total pay roll for skilled 

employees in any one week period shall be employed in excess of the 

maximum of 40 hours per week on such special cases. 

ARTICLE IV-WAGES 

1. On and after the effective date the minimum wage that shall 

be paid to any employee by any employer in the Plumbago Crucible 

Industry shall be forty ( 40) cents per hour, except as provided in 

Section 5 of this Article tv. Where earnings of employees on 

piece-work rates are under the minimum wage required by this 

section 1 of Article IV, such rates shall be so adjusted as to conform 

with aforesaid minimum wage. 

2. To assure employment to workers who are physically handicapped and to avoid their becoming a burden to the state such 

employees are exempted from the provisions of this Article IV, provided) however, that such employees shall not exceed in number 

five ~ 5) percent of the total number of workers employed by a 

member of the industry. 

3. Each employer shall report to the Administrator through the 

Supervisory Agency, if and when required, the action taken by such 

employer in adjusting the hourly wage rates for all employees receiving more than the minimum rates provided in Section 1 of this 

Article IV, excepting those engaged in a supervisory capacity receiving more than $35.00 per week. 

4. In detBrmining his classification under this Code1 each employer shall be entitled to claim the benefit of the classification of 

occupations existing on June 16, 1933. 

5. On and after the effective date all accounting, clerical, sales 

and service employees shall be paid at a rate of not less than $15.00 

per week, provided, however, that office boys or girls may be paid 

not less than 80 percent of such minimum wage, but the total amount 

paid to such office boys or girls at such reduced rate shall not exceed in any calendar month 1¥2 percent of the total amount paid by 

such employer to all employees covered by the provisions of this 

paragraph 5. 

6. Every employer shall post in conspicuous places in his plant 

a full copy of this Code. 
a 

ARTICLE V-CHILD LABOR 

No person under eighteen (18) years of age shall be employed o~ 

manufacturing processes in the industry and no person under sixteen (16) years of age shall be employed as a messenger or in offi.~ 

or other work. 

ARTICLE VI-Aol\HNISTRATION 

1. To further effectuate the policies of the Act, a Supervisor~ 

Agency is hereby set up to cooperate with the Administrator in the 

administration of this Code. 

2. The Supervisory Agency shall consist of five ( 5) individuals, 

or such other number as may be approved from time to time by: 

the Administrator, to be selected as hereinafter set forth. The 

Administrator, in his discretion, may appoint not more than three~ 

(3) additional members (who shall be without vote), to represen1' 

the Administrator or such groups or interests as may be agreed upon. 

3. The Supervisory Agency shall be elected at a meeting of the 

members of the industry called immediately after the approval by 

the President of this Code and held immediately prior to the effective 

date thereof. The meeting shall be called by the Crucible Manufacturers Association and notice thereof shall be sent by telegram or 

registered mail a reasonable time in advance of the meeting to all 

known members of the industry. The notice shall specifically state 

that voting at the meeting may be in person or by proxy. The members of the Supervisory Agency shall be elected by a majority vote 

of the employers present, in person or by proxy as such, eac~ 

employer to have one vote. 

4. Vacancies on the Supervisory Agency caused by death or resignation or because a member has ceased to be connected with the 

Industry, shall be filled in the same manner indicated in Section 3 of 

this Article VI and such meeting or meetings called for the purpose 

shall be called and notices sent out in exactly the same manner as 

when electing the members of the Supervisory Agency in the first 

instance. 

5. With a view to keeping the President and the Administrator 

informed as to the observance or nonobservance of this Code, and as 

to whether the Plumbago Crucible Industry is taking appropriate 

steps to effectuate in all respects the declared :policy of the National 

Industrial Recovery Act, each member of the rndustry shall prepare 

and file with such person or organization as the Supervisory Agency 

may designate, if and whenever required by the Administrator, an 

earnings statement and balance sheet, statistics of plant capacity, 

volume of production, volume of sales in units and dollars, orders 

received, unfilled orders, stocks on hand, inventory, both raw and 

finished, number of employees, wa~e rates, employee earnings, hours 

of work, and such other data or mformation as the Administrator 

may from time to time require. 

6. In addition to the information req_uired to be submitted to the 

Supervisory Agency, there shall be furrushed to government agencies 

such statistical information as the Administrator may deem necessary for the purpose recited in Section 3 (a) of the National Indus trial Recovery Act. 
4 

7. Except as otherwise provided in the National Industrial Recovery Act, all statistics, data, and information filed in accordance with 

the provisions of Section 5 of this Article VI shall be confidential, 

and the statistic , data, and information of one member of the industry shall not be revealed to any other member. For the purpose of 

facilitating the adm.inistration and enforcement of the provisions of 

this Code, the Supervisory Agency, by their duly authorized representatives (who shall not be in the employ of any employer affected 

by this Code), and subject to the approval of the Administrator, 

shall have access to any and all statistics, data, and information that 

may be furnished in accordance with the provisions of this Code. 

ARTICLE VII-PARTICIPATION 

Members of the industry shall be entitled to participate in and 

share the benefits of the activities of the Supervisory Agency and to 

participate in the selection of the members thereof by assenting to 

and complying with the requirements of this Code and sustaining 

their reasonable share of the expense of its administration. The reasonable share of the expenses of administration shall be determined 

by the Supervisory Agency, subject to review by the Administrator, 

on the basis of volume of business andjor such other factors as may 

be deemed equitable to be taken into consideration. 

ARTICLE VIII-TRADE PRACTICES 

1. Within ten days after the effective date each member of the 

industry shall file with every other member, through the Supervisory Agency, a complete list of its then existing crucible prices, 

delivery points, terms, conditions of sale, and trade discounts, and 

shall file in like manner all changes therein as and when made. 

2. Oredits.-Each member of the Industry shall exercise his own 

free and independent judgment with respect to credits he will extend 

to his trade, but it is the sense of the industry that a liberal and fair 

credit information exchange shall be the policy in order to prevent 

a customer of the industry from overextending his credit with the 

industry. 

3. Each of the followinO' acts and practices is deemed to be inimical to the best interests of the Plumbago Crucible Industry, and of 

the public, and each is, therefore, hereby declared to be, and to constitute, an unfair method of competition, viz :-

4. Ind'llKfing Breach of Oontraot.-The willful interference by anyone, by any means or device whatsoever, with any existing contract 

or firm order between a seller and a purchaser of the products of 

the industry as defined in Article II. 

5. S ecret R ebates.-(a) vVithholding from, or inserting in an invoice for any products of the industry facts which make the invoice 

a false record wholly or in part of the transaction represented on 

the face thereof, and/ or the payment or allowance of secret rebates, 

refunds, credits, unearned discounts, whether in the form of money 

or otherwise, or the extensi0n to certain purchasers of service or 

privileges not extended to all purchasers under like terms and 

conditions. 
5 

(b) Shipment of any quantity of the products of the industry in 

excess of that for which a proper charge is made. 

(c) Unwarranted rejection allowances or shortage claims, by connivance or otherwise, between seller and purchaser. 

(d) Giving away any products of the industry as samples. 

6. Oom'l!U;rcial Bribery.-The paying of or promising to pay to 

an employee of a customer or prospective customer a commission or 

consideration of any character for the purpose of influencing or 

having influenced a sale. 

7. Defamation of a Oompetitor.-The defamation of a competitor 

in any manner, either by falsely imputing to him dishonorable conduct, inability to perform contracts, questionable credit standing, or 

a false disparagement of the grade or quality of his goods or 

otherwise. 

8. FraJUd and Misrepresentation.-(a) The making, causing or 

permitting to he made or published any false or deceptive statement 

by way of advertisement or otherwise concerning grade, quality, 

character, nature, origin, manufacture, or preparation of any products of the industry. 

(b) The marking or branding of any products of the industry 

in a manner which tends to mislead or deceive purchasers, prospective 

purchasers and/or consumers with respect to the quantity, quality1 grade, or substance of the goods purchased. Quality of brands and 

kinds of product shall be clearly defined and expressed by the seller. 

No recognized grade, kind, or type of any ;products of the industry 

shall be misbranded or misrepresented to Include it in some other 

price classification. ' 

9. Pooled or Combination Orders.-The sale of any products of 

the industry to separate purchasers as a full-carload or other group 

lot at a sales price which does not take into consideration any added 

expense involved in such method of shipment. 

10. Terms of Sales.-The failure on the part of members of the 

industry or their agents or dealers to adhere strictly to published 

terms of sale as filed with the Supervisory Agency. 

11. Adherence to Standards.-Because of the high temperatures to 

which plumbago crucibles are subjected in melting furnaces, and the 

consequent danger to operatives who may be required to handle defective, or so-called "Seconds" or off-size crucibles (that is, those 

sizes of stationary and tilting types of crucibles which have been 

standardized and which do not conform in outside dimensions to the 

standards approved by the American Standards Association), the 

sale of these crucibles is condemned as a form of unfair competition; 

provided, however, the determination of the amount of allowable 

tolerances is discretionary with the Supervisory Agency, and subject 

to the review of the Administrator. 

12. Replace'l!U;nts.-The replacement of any products of the industry without charge, or the rebate of a portion of the sales price 

of any such products, when defects or poor service are claimed by the 

customer, unless the fault is traceable to the member of the industry 

and the adjustment is reported to the Supervisory Agency at the 

time it is made. 
6 

13. T est Orucibles.-The distribution of crucibles among the trade 

without charge as " test crucibles " for the purpose of obtaining new 

accounts or customers. 

14. Oonsignments.-The shipment of any products of the industry 

on a consignment basis, excepting to a properly accredited agent of a 

member of the industry. 

15. Oontracts.-Entering into contracts which do not represent 

the bona-fide sale of products· of the industry in stated and fixed 

quantities, with a spread therefrom of not to exceed ten (10) percent, and for shipment within a stated period from the date of 

contract of not to exceed six ( 6) months. 

16. Unearned Oommissions.-The payment of a commisison to 

an agent or dealer who is owned or controlled in whole or in part 

by any buyer's organization, or to any fictitious agent or dealer 

created for the purpose of passing to the consumer or to the consumer's friends, all or any part of a commission. 

17. Spec-U»l Orucibles.-Listing orders for special crucibles of 

standard types otherwise than on the basis of not less than the 

nearest higher member on the adopted scale of standard sizes, by 

weight comparison to the adopted scale. 

18. Ter'ln8 of Sale.-Selling or offering to sell on terms more lib· 

eral than net 30 days, subject to a cash discount of one percent 

(1% ) ten days. 

ARTICLE IX-GENERAL 

1. Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be 

free from interference, restraint, or coercion of employers of labor, 

or their a~ents, in the. designation of such re_presentatives or in selforganizatiOn or in other concerted activities for the purpose of 

collective bargaining or other mutual aid or protection. 

2. 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. 

3. Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment approved or prescribed by the President. 

4. 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 National Industrial 

Recovery Act, from time to time to cancel or modify any order, 

ap proval, license, rule or regulation issued under Title I of said Act 

and specifically, but without limitation, to the right of the President 

to cancel or modify his approval of this Code or any conditions 

imposed by him upon his approval thereof. 

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

included therein by the National I ndustrial 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 will be submitted for the approval of the President to prevent unfair competition in price and other unfair and 
7 

destructive competitive practices and to effectuate the other purposes and policies of Title I of the National Industrial Recovery 

Act consistent with the provisions thereof. 

6. Within each state this Code shall not supersede any laws of 

such state imposing more stringent requirements on employers regulating the age of employees, wages, hours of work, or health, fire, or 

general working conditions than under this Code. 

ARTICLE X-SEGREGATION OF INDUSTRY 

If any employer of labor also employs 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 this Industry. 

ARTICLE XI-PREVENTION OF MoNOPOLIEs 

No provision in this Code shall be interpreted or applied in such 

a manner as to : 

2) Permit or encourage unfair competition, 1) Promote monopolies, 

3) Eliminate or oppress small enterprises, or 

( 4) Discriminate against small enterprises. 

ARTICLE XII-PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made impossible o.f consummation if price.s of goods and 

services increase as rapidly as wages, it is recognized that price increases should be delayed and that, when made, the same should, so 

lfar as reasonably po,ssible, be limited to actual increases in the 

seller's costs. 

ARTICLE XIII-TERM AND TERMINATION OF CoDE 

After its effective date this Code shall continue in effect, subject 

to amendment or modification as herein provided until terminated 

by law. 

0