Registry No. 1207—01 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE BRONZE POWDER INDUSTRY AS SUBMITTED ON AUGUST 30, 1933 DO OUR PART The Code for the Bronze Powder Industry in its present form merely reflects the proposal of the above-mentioned industry, and none of the provisions contained therein are to be regarded as having received the approval of the National Recovery Administration as applying to this industry UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1933 For sale by the Superintendent of Documents, Washington, D.C. -------- Price 5 cents Submitted by THE ASSOCIATION OF BRONZE POWDER MANUFACTURERS CODE OF FAIR COMPETITION FOR THE BRONZE POWDER INDUSTRY To effectuate the policy of Title I of the National Recovery Act, the following provisions are established as a code of fair competition for the bronze powder industry : Article I — Definitions The bronze powder industry in this code comprises the manu- facture of bronze powder and all powders of nonferrous metals or its alloys, principally for use in the decorative arts. The term " industry " means the bronze powder industry as defined above. The term " United States " means and includes the continental United States. The term " President " means the President of the United States of America. Article II — Participation Participation in this code and any subsequent revision of, or addi- tion thereto, shall be extended to any person, partnership, associa- tion or corporation, in the bronze powder industry. Any member of the bronze powder industry may become a member of the code by signing and delivering to the association a letter in the form as annexed hereto and marked " Exhibit I." Article III — Minimum Wage On and after the effective date, the minimum wages of accounting, clerical, office, shipping, or salaried employees shall not be less than the following weekly rates : In cities having 500,000 population or over, at the rate of $15.00 per week. In cities having 250.000 and less than 500,000 population, at the rate of $14.50 per week. In cities or towns having less than 250.000 population, at the rate of $14.00 per week. In towns of less than 2,500 population, employers shall increase all wages not less than 20%, provided that this shall not require wages in excess of $12.00 per week. Population for the purposes of this code shall be determined by reference to the 1930 Census. The minimum wages of factory or mechanical workers or artisans shall not be less than 40 cents per hour to adult male employees, or less than 35 cents per hour to female employees and male employees under 18 years of age, unless the hourly rate for the same class of 9443 — 33 (1) work on July 15, 1929, was less than 40 cents per hour, in which latter case not to pay less than the hourly rate of July 15, 1929, and in no event less than 30 cents per hour. It is agreed that this para- graph establishes a guaranteed minimum rate of pay regardless of whether the employee is compensated on the basis of a time rate or on piecework performance; provided that casual and incidental labor, apprentices and learners, or those employees incapable of full productive effort because of old age or physical disability may be paid not less than 80% of the minimum wage schedule, and the total amount paid the above mentioned excepted employees shall not ex- ceed in any calendar month 5% of the total wages paid by such employers. Article IV — Hours of Labor On and after effective date and so long as employees qualified for the work shall be available in the localities where such work shall be required, no employer in the industry shall cause or permit any employee to work more than the following schedule of maximum hours per week when averaged over a period of six months' time, but in no one calendar week more than forty-eight hours : 40 hours per week for continuous and noncontinuous process opera- tions. The above hours shall not apply in the case of emergencies or where the safety of the men or the preservation of the property necessitates longer hours, nor shall they apply to employees in executive, supervisory, technical, or sales capacities and their im- mediate staffs, employees in any capacity who receive $35.00 per week or more, engineers, firemen, watchmen, janitors, stock clerks, shipping clerks, porters, and outside crews. Article V — Employment of Minors On and after effective date of this code, no employer of the bronze- powder industry .shall employ any person under 16 years of age. Article VI — Cost For the purposes of this code, cost is defined as the total expense borne by the manufacturer in the manufacture and sale of bronze powder. In addition to total manufacturing cost, including de- preciation, depletion, packages, replacement cost of raw materials, and transportation thereof, it shall also include adequate allowances for sales distribution and management costs, obsolescence, interest charges, all contingencies, necessary reserves, a fair return on the capital employed in the business, etc., such as are now assumed by the majority of the industry in the conduct of its business and is in accordance with this code and with the principle of the Act. Article VII — Unfair Trade Practices The following shall be deemed to be unfair trade practices in the industry : 1. Variations of openly and publicly announced prices and terms. 2. Secret allowances by way of discount, brokerage, storage, ad- vertising, and guarantee against price decline. 3. Variations of openly announced grade or package differentials. 4. Delayed billings. 5. Kebates or other allowances by any name or of any nature. 6. Inducing or intending to induce a breach or a cancellation of a contract between a competitor and his customer. 7. Giving of gratuities or special commissions to buyers, or re- wards or payments to the employees of buyers or distributors, or the lavish entertainment thereof. 8. Selling below cost. Article VIII — General Provisions Employees in this industry 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 repre- sentatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protec- tion. No employee and no one seeking employment shall be re- quired, as a condition of employment, to join any company union or to refrain from joining, organizing, or assisting a labor organiza- tion of his own choosing. Employers of labor in this Industry shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment approved or prescribed by the President. It is clearly understood that the National Industrial Recovery Act does not impair, in any particular, the constitutional rights of the employee and employer to bargain individually or collectively as may be mutually satisfactory to them, and it is further understood that the plants of the Industry are open to capable workmen with- out regard to their membership or nonmembership in any labor organization. Nothing in this code is to prevent selection, retention, or advance- ment of employees on the basis of their individual merit without regard to their membership or nonmembership in any labor organi- zation. This code is not designed to promote monopolies and shall not be availed of for that purpose. Furthermore, the provisions of this code shall not be so interpreted and administered as to eliminate or oppress small enterprises in this industry or to discriminate against them. If in the judgment of any member of the Code, party hereto, the operation or effect of the National Industrial Recovery Act, either through this agreement or in any other way, shall deprive such mem- ber of the rights guaranteed to him or it by the Constitution of the United States, the signing of this code shall not be considered to have been a waiver of any such right. Article IX — Administration To effectuate and administer the policies and purposes of tins Code, the Association of Bronze Powder Manufacturers shall be constituted the agency to administer this code. Article X — Cancellations or Modifications This code and all provisions thereof are expressly made subject to the right of the President in accordance with Section 10(b) of Title I of the National Industrial Recovery Act from time to time to cancel or modify any order, approval license, rule, or regulation of Title I of said Act. Article XI — Changes, Additions, and Term Such of the provisions of this code as are not required to be included therein by the Act may, with the approval of the President, be modified or eliminated as changed circumstances or experience may indicate. If any employer of labor in the 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 Industry. This code shall become effective on the Monday following its approval by the President. All provisions of this code and any modification thereof shall cease to be in effect after June 16, 1935, or sooner if the President shall, by proclamation, or the Congress shall, by joint resolution, declare that the emergency recognized by Section I of the Act has ended, or they may be terminated by the affirmative vote of five members of the Association. Article XII It is the purpose and desire of the bronze powder industry to comply fully with the provisions of the National Industrial Recovery Act. The Bronze Powder Industry respectfully asks that this sub- mission be received as a code of fair competition under Section 3(a) of said Act and as an agreement under Section 4(a). Respectfully submitted. The Association of Bronze Powder Manufacturers. Submission and form of Code Approved: Exhibit I form of letter of assent to the code August — , 1933. To the Association of Bronze Powder Manufacturers. 99 Wall Street, Neio York, N.Y., Dear Sirs : The undersigned, desiring to become a member of the Code of Fair Competition of the Bronze Powder Industry, a copy of which is annexed hereto marked Annex A, hereby assents to all of the provisions of said Code (hereinafter referred to as the Code), and effective^ as of the date on which the Code shall have been approved by the President of the United States of America as therein provided, or as of the date on which this letter shall have been delivered, if delivery thereof shall have been made subsequent to the date on which the Code shall have been approved by said President as aforesaid, by the signing and delivery of this letter becomes a member of the Code and effec- tive as aforesaid hereby agrees with every person, firm, association, and cor- poration who shall then be or thereafter become a member of the Code, that the Code shall constitute a valid and binding contract between the undersigned and all such other members. For all purposes of the Code the address of the undersigned, until it shall file written notice of a change of such address, shall be as set forth at the foot of this letter. Very truly yours, Address : (5) o UNIVERSITY OF FLORIDA III 3 1262 08582 8332