Supplementary code of fair competition for the coal mine loading machine industry (a division of the machinery and allie...

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Material Information

Title:
Supplementary code of fair competition for the coal mine loading machine industry (a division of the machinery and allied products industry) as approved on January 4, 1935
Portion of title:
Coal mine loading machine industry
Physical Description:
9 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Coal-mining machinery -- Law and legislation -- United States   ( lcsh )
Coal mines and mining -- Equipment and supplies -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Approved Code No. 347--Supplement No. 45."
General Note:
"Registry No. 1414-14."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004936618
oclc - 647957938
System ID:
AA00006412:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION



SUPPLEMENTARY
CODE OF FAIR COMPETITION

FOR THE

COAL MINE LOADING

MACHINE INDUSTRY

(A Division of the Machinery and Allied Products Industry)


AS APPROVED ON JANUARY 4, 1935


R.
MEMBER


DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


F e by the Superintendent of Docmens, Washingon, D.Price 5 cen
For sale by the Superintendent of Documents, Washington, D. C. - Price 5 cents


Approved Code No. 317-Supplement No. 45


Registry No. 1414-14























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.
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Approved Code No. 347-Supplement No. 45


SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE

COAL MINE LOADING MACHINE INDUSTRY

As Approved on January 4, 1935


ORDER

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE COAL MINE
LOADING MACHINE INDUSTRY

A DIVISION OF THE MACHINERY AND ALLIED 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 approval of a Supple-
mental Code of Fair Competition for the Coal Mine Loading Ma-
chine Industry, and hearing having been duly held thereon and the
annexed report on said Supplemental Code, containing findings with
respect thereto, having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to au-
thority vested in it by Executive Orders of the President, including
Executive Order No. 6859, dated September 27, 1934, and otherwise;
does hereby incorporate by reference said annexed report and
does find that said Supplemental Code complies in all respects with
the pertinent provisions and will promote the policy and purposes of
said Title of said Act; and does hereby order that said Supple-
mental Code of Fair Competition be and it is hereby approved, sub-
ject to the following conditions:
(1) That the provisions of Section 7 of Article VI be and they
are hereby stayed.
(2) That within sixty (60) days the Coal Mine Loading Ma-
chine Manufacturers' Association amends Section 3, Article IV of
its By-Laws by deleting the words and further, assents to the Code
or Codes of the Industry ".
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
Approval recommended:
BARTON W. MURRAY,
Division Administrator.
WASHINGTON, D. C.,
January 4, 1935.
106412--1465-15-35 (1












REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
Smn: This is a report on the Supplemental Code of Fair Competi-
tion for the Coal Mine Loading Machine Subdivision of the Machin-
ery and Allied Products Industry, Public Hearing having been con-
ducted thereon in Washington, D. C., September 25, 1934, in accord-
ance with the provisions of Title I of the National Industrial
Recovery Act.
GENERAL STATEMENT

The Coal Mine Loading Machine Subdivision, being truly repre-
sentative of the manufacturers of the products defined in Article
II of the Supplemental Code, has elected to formulate and submit a
Supplemental Code of Fair Competition as provided in the second
paragraph of Article I of the Code of Fair Competition for the
Machinery and Allied Products Industry, approved by you on the
seventeenth day of March, 1934.
The Subdivision includes the manufacturing and/or assembling
for sale and selling by the manufacturer and or assembler, for use
in loading coal or other material underground in coal mines, mobile
types of loading machines; including spare, repair and replacement
parts thereof and supplies and/or equipment incident thereto when
manufactured and/or sold by a manufacturer of such mobile types of
loading machines.
Statistical material bearing on this Subdivision was obtained from
the code application submitted by the Coal Mine Loading Machine
Manufacturers' Association. The above-mentioned association claims
to represent 90 per cent of the entire Subdivision measured by dollar
volume of business.
Annual sales in 1933, according to the association, declined to
less than one-third the 1929 level. In 1929 sales were reported at
$1,811,900 and in 1933 at $573,000.
Estimates showing employment for the entire Subdivision, sub-
mitted by the association, indicate that employment declined from
160 in 1929 to 101 in 1933, or 36.8 per cent.
RESUME OF SUPPLEMENTAL CODE

Article I states the purposes of the Supplemental Code.
Article II accurately defines specific terms applicable to the Sub-
division as used in this Supplemental Code.
Article III provides for the adoption of the employment provi-
sions of the National Industrial Recovery Code of the Machinery
and Allied Products Industry, as approved by you, and as from
time to time amended.








Article IV provides for the adoption of Articles II, VI and VIII
of the National Industrial Recovery Code of the Machinery and
Allied Products Industry, in accordance with the conditions of this
Article governing their adoption.
Article V provides for the establishment of a Code Authority
and defines its powers and duties.
Article VI sets forth trade practices for the Subdivision.
Article VII states that no provision of this Supplemental Code
relating to pricing and marketing shall apply to export sales as
defined by the term Export" in this Article.
Article VIII provides that this Supplemental Code and all the
provisions thereof are expressly made subject to the right of the
President, in accordance with Subsection (b) of Section 10 of the
Act, from time to time to cancel or modify any order, approval,
license, rule or regulation issued under said Act. Provision is also
made that modifications may be submitted by the Code Authority
to the National Industrial Recovery Board for approval.
Article IX provides means for withdrawal of this Subdivision
from the jurisdiction of the Basic Code Authority and its con-
tinuance under its own Code Authority.
Article X states that no provision of this Supplemental Code
shall be so applied as to permit monopolies, or monopolistic prac-
tices, or to eliminate, oppress, or discriminate against small enter-
prises.
Article XI states the effective date of this Supplemental Code.
FINDINGS

The Assistant Deputy Administrator in his final report to the
National Industrial Recovery Board on said Supplemental Code hav.
ing found as herein set forth and on the basis of all the proceedings
in this matter:
The National Industrial Recovery Board finds that:
(a) Said Supplemental Code is well designed to promote the poli-
cies and purposes of Title I of the National Industrial Recovery
Act, including removal of obstructions to the free flow of interstate
and foreign commerce which tend to diminish the amount thereof
and will provide for the general welfare by promoting the organiza-
tion of industry for the purpose of cooperative action among the
trade groups, by inducing and maintaining united action of labor
and management under adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting
the fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by the National Industrial Recovery
Board as a major industry.
(c) The Supplemental Code as approved complies in all respects
with the pertinent provisions of said Title of said Act, including








without limitation Subsection (a) of Section 3, Subsection (a) of
Section 7, and Subsection (b) of Section 10 thereof; and that the
applicant association is an industrial association truly representative
of the aforesaid Industry; and that said association imposes no
inequitable restrictions on admission to membership therein.
(d) The Supplemental Code is not designed to and will not permit
monopolies or monopolistic practices.
(e) The Supplemental Code is not designed to and will not elimi-
nate or oppress small enterprises and will not operate to discrimi-
nate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Sup-
plemental Code.
For these reasons, therefore, the National Industrial Recovery
Board has approved this Supplemental Code.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
Administra.t ive Officer.
JANwARY 4, 1935.












SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE COAL MINE LOADING MACHINE INDUSTRY

A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY
AnRTCLE I-PURPOSES

To effectuate the policy of Title I of the National Industrial Re-
covery Act, the following provisions are established as a Supple-
mental Code for the Coal Mine Loading Machine Subdivision of the
Machinery and Allied Products Industry, and together with the
Code of Fair Competition for the Machinery and Allied Products
Industry, shall be the standard of fair competition for this Sub-
division, and shall be binding on every employer therein.
ARTICLE II-DEFINITIONS

"Applicant" means the Coal Mine Loading Machine Manufac-
turers' Association, a trade organization, all members of which are
engaged in the manufacture for sale of the products of the Coal
Mine Loading Machine Subdivision of the Machinery and Allied
Products Industry.
Industry means the Machinery and Allied Products Industry,
as defined in its Code of Fair Competition as approved by the
President, and as such definition may from time to time be amended.
Subdivision" means this Coal Mine Loading Machine Sub-
division of the Machinery and Allied Products Industry as defined
and set forth in Definition No. 48, Article II of the Code of Fair
Competition for the Machinery and Allied Products Industry as
follows:
Coal Mine Loading Machine Subdivision means the manufactur-
ing and/or assembling for sale and selling by the manufacturer
and/or assembler for use in loading coal or other material under-
ground in coal mines, mobile types of loading machines; including
spare, repair and replacement parts thereof and supplies and/or
equipment incident thereto when manufactured and/or sold by a
manufacturer of such mobile types of loading machines."
Code" means the Code of Fair Competition for the.Machinery
and Allied Products Industry as approved by the President, March
17, 1934, and as from time to time amended.
Person means a natural person, a partnership, a corporation,
an association, a trust, a trustee, a trustee in bankruptcy, a receiver,
or other entity.
"Employer" means any person engaged in this Subdivision either
on his or its own behalf or as an employer of labor.
"The Act" means Title I of the National Industrial Recovery
Act.








"The President" means the President of the United States.
"Board" means the National Industrial Recovery Board or its
successor in office.
Basic Code Authority means the Code Authority for the Ma-
chinery and Allied Products Industry as constituted by the Code.
Code Authority means the Code Authority constituted for this
Subdivision as provided by the Code and by this Supplemental Code.
ARTICLE III-EMPLOYMENT PROVISIONS

The following Articles of the Code, viz: Article III, Working
Hours"; Article IV, "Wages "; and Article V, "General Labor
Provisions ", are hereby made a part of this Supplemental (ode, with
the same effect as if they were written into this Supplemental Code.

ARTICLE IV-ADOPrON OF OTHER PROVISIONS OF CODE

The following Articles of the Code, viz: Article II, Definitions ";
Article VI, "Administration ", to the extent that they shall be appli-
cable to this Supplemental Code as such or as it may hereafter be
administered as an autonomous Code; Article VIII, "Modifications
and Termination ", are hereby made a part of this Supplemental
Code, with the same effect as if they were written into this Supple-
mental Code.
ARTICLE V-ADrINISTRATION

(a) A Code Authority for this Subdivision is hereby constituted
to administer, supervise, and facilitate the enforcement of the Code
and of this Supplemental Code in the manner and to the extent pro-
vided in the Code and in this Supplemental Code.
(b) During a period not to exceed sixty (60) days following the
effective date and pending the election of the permanent Code Au-
thority, the executive conumittee of the Applicant shall constitute a
temporary Code Authority.
(c) The temporary Code Authority shall, by written notice sent
by registered mail to all employers whose names have been obtained
after reasonably diligent search, call a meeting of employers to be
held within sixty (60) days after the effective date for the purpose
of adopting procedural rules and regulations for the election, or-
ganization, and operation of the permanent Code Authority and
electing a permanent Code Authority which shall consist of five (5)
members, who shall be representative of employers, provided how-
ever, that no one employer shall be represented by more than one
member. The Board may, in its discretion, appoint one additional
member (without vote and without expense to the Subdivision).
The permanent Code Authority so elected and appointed shall im-
mediately supersede the temporary Code Authority.
(d) Any employer shall be entitled to vote at the election of the
permanent Code Authority and at other meetings of employers and
share in the benefits of the activities of Code Authority and may
participate in any endeavors of Code Authority in the preparation
1See paragraph 2 (2) of order approving this Code.







of any amendments or revisions of, or additions or supplements to,
this Supplemental Code by paying or agreeing to pay, as and when
assessed, his proper pro rata share of the reasonable cost of admin-
istering this Supplemental Code as determined by Code Authority.
(e) Action by employers in any Subdivision meeting for the elec-
tion of Code Authority shall be by vote of the employers entitled to
vote as provided in Section (d) of this Article V, each such employer
to have one vote only. Action by employers in any Subdivision
meeting for the adoption of procedural rules, or the transaction of
other business of the Subdivision under this Supplemental Code,
except revisions or additions to the Supplemental Code, shall be by
vote of the employers in the Subdivision who are entitled to vote
threat as provided in Section (d), Article V, of this Supplemental
Code and are present in person or by proxy duly executed and filed
with Code Authority; cast and computed in the manner provided
in Section (d), Article VI, of the Code. All questions as to the
Number of votes which each employer shall be entitled to cast at any
meeting of employers other than the meeting held to vote for the
election of the permanent Code Authority shall be determined by
Code Authority, in accordance with Section (d) Article VI of the
Code.
(f) In order that the Code Authority shall at all times be truly
representative of the Subdivision, and in other respects comply with
the provisions of the Act, the Board may prescribe such hearings
as it may deem proper; and thereafter if it shall find that the Code
Authority is not truly representative, or does not in other respects
comply with the provisions of the Act, may require an appropriate
modification of the Code Authority.
(g) If formal complaint is made to Code Authority that provi-
sions of this Supplemental Code have been violated by any employer,
Code Authority shall proceed in accordance with the provisions of
Section (h) of Article VI of the Code.
(h) The Code Authority may appoint a Trade Practice Com-
mittee which shall meet with the Trade Practice Committees ap-
pointed under such other Codes as may be related to the Subdivision
for the purpose of formulating fair trade practices to govern the
relationships 1ttweeen production and distribution employers under
this Supplemental Code and under such others to the extent that
such fair trade practices may be proposed to the Board as amend-
ments to this Supplemental Code and such other codes.
(i) Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall
submit to the National Industrial Recovery Board true copies of its
articles of association, by-laws and regulations.
ARTICLE VI-TPRADE PRACTICES
(1) No employer shall secretly, directly or indirectly, offer or
make any payment or allowance of a rebate, refund, commission,
credit, unearned discount, or excess allowance, whether in the form
of money or otherwise, nor shall an employer secretly offer or extend
to any customer any special service or privilege not extended to all
customers of the same class for the purpose of influencing a sale.








(2) No employer shall publish advertising (whether printed,
radio, display, or of any other nature), which is misleading or in-
accurate in any material particular, nor shall any employer in any
way misrepresent any goods (including, but without limitation, its
use, trade mark, grade, quality, quantity, origin, size, substance,
character, nature, finish, material, content, or preparation) or credit
terms, values, policies, services, or the nature or form of the business
conducted.
(3) No employer shall publish or circulate unjustified or unwar-
ranted threats of legal proceedings which tend to have the effect of
harassing competitors or intimidating their customers.
(4) So long as the maker of any product of this Subdivision bear-
ing the maker's name or trade mark, which has required special
designing, research or development expense (or his successor in
business) continues to make and supply such spare, repair, and re-
placement parts therefore, no employer shall supply repair parts for
such product of this Subdivision unless (a) the name of the maker
of such copied nongenuine repair parts shall be plainly marked on
each part (or if this is impracticable on the package or tag) so that
the ultimate user is clearly informed by marking on such parts, pack-
ages, tags and in catalogues, price lists, quoted prices, advertisements
or advertising literature of the manufacturer of such copied non-
genuine parts that said parts were not made by the original maker of
the products of the employer of this Subdivision.
(5) No employer shall furnish to any purchaser, and/or his agent,
directly or indirectly, detailed shop drawings of the products of this
Subdivision without filing a statement of such proposed transaction
with the Code Authority which may approve or, with the approval
of the Board, disapprove the transaction within ten (10) days by
written notice to the employer.
(6) No employer shall induce or attempt to induce a breach or
abandonment of contract covering the purchase or sale of the prod-
ucts of this Subdivision; provided, however, that nothing in this
Section shall be construed to prohibit the attempt on the part of the
owner of or licensee under any patent to induce a purchaser or
future purchaser of any product which shall infringe said patent, to
avoid such purchase.
(7) It shall be an unfair trade practice for any employer to
engage in wilfully destructive price cutting for the purpose of in-
juring a competitor and where the effect may be substantially to
lessen competition.2

ARnTCLE VII-SAuEs FOR EXPORT

The provisions of this Supplemental Code concerning pricing and
marketing shall not apply to direct export sales of any product. A
similar exemption may be granted by the Code Authority as to sales
of any product destined ultimately for export. The term "export"
shall include all shipments to all places without the several states of
the United States and the District of Columbia; provided, however,
that no shipment to any territory or possession of the United States
2 Stayed-See paragraph 2 (1) of order approving this Code.








shall be considered an export when any employer is engaged in the
Subdivision in such territory or possession.

ARTICLE VIII-MoDIFICATIONS AND TERMINATION

(a) As provided by Section 10 (b) of the Act, the President may
from time to time cancel or modify any order, approval, license,
rule or regulation issued under Title I of the Act.
(b) Any amendments, additions, revisions, or supplements of this
Supplemental Code, proposed by Code Authority, and adopted by
the concurring affirmative vote of employers entitled to cast two-
thirds or more of all the votes that might be cast by all employers
entitled to vote thereon, shall be in full force and effect upon ap-
proval by the President. The eligibility requirements, method and
effect of such voting shall be as provided by Article V hereof.
(c) This Supplemental Code shall terminate June 16, 1935, or
on such date prior thereto when the Act shall be repealed or the
President shall, by proclamation, or the Congress shall, by joint
resolution, direct that the emergency recognized by Section 1 of the
Act has ended.
ARTICLE IX-WITHDRAWAL

Upon thirty days' notice to the Basic Code Authority and to the
Board, this Subdivision may, upon the concurring affirmative vote of
employers within the said Subdivision entitled to cast two-thirds or
more of all the votes that might be cast by all employers within the
Subdivision entitled to vote thereon, withdraw from the jurisdiction
of the Basic Code Authority. The eligibility of voters and the
method and effect of such voting shall be in anecordance with the
provisions of Article V hereof. After and in the event such with-
drawal is accomplished this Supplemental Code, together with the
provisions of the Code shall become and be the sole code governing
this Subdivision, and the Code Authority shall, for this Subdivision,
become and be the sole Code Authority and shall perform all the
functions with respect thereto.

ARTICLE X-MONOPOLIES

Applicant imposes and shall impose no inequitable restrictions on
membership therein. The Supplemental Code presented by it is
not designed to promote monopoly, and shall not be so construed
or applied as to oppress or eliminate small enterprises or discriminate
against them, and is designed to effectuate the policy of the Act.

ARTICLE XI-EFFECTIVE DATE

This Supplemental Code shall become effective and binding on all
persons engaged in the Subdivision on the eleventh day after its
approval.
Approved Code No. 347-Supplement No. 45.
Registry No. 1414-14.





UNIVERSITY OF FLORIDA


3 1262 08584 2101