Amendment to code of fair competition for the asphalt shingle and roofing manufacturing industry


Material Information

Amendment to code of fair competition for the asphalt shingle and roofing manufacturing industry as approved on March 21, 1935
Physical Description:
5 p. : ; 23 cm.
United States -- National Recovery Administration
U.S. Gov. Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Shingle industry -- Law and legislation -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
"Approved Code No. 99-Supplement No. 1 ; Registry No. 1063-1-01"

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004885496
oclc - 615587120
System ID:

Full Text





I __--
For sale by the Superlintende-nt of Documents. W'ashinglon, D. C:. - Price 5 cents

Registry No. 1003--1--01


DIVERSITY Ul- rounum"

31282 08482 92



U r;


This publl it at ion is for' Palec by the Supjeri ntenden~lt oif Dcu:i11in -ts. Governmenlll!lt
P'rintine~ Offiece, Was;hingtonu D. C., and by, the folhav\\ing N. R. .4. Iatil -s:

Artlainto, Ga.: 625 Citizenis & Southern Natialul~l Dun:k B~uildling.
Balt~imor~le, Md~.: 130 Custombouse.
BI~inuin:.huburn, Ala.: 2011 Liberty Naltional L~ife Buibrlin~.
Boston, Mass. : Room 1200i, bu, Federa!;l Strceet.
Buff'allo, N. Y.: 219 White B3uild-ing.
Chicago, Ill.: Room 204~, 40tc NR'lth, Mic~hi~anu Avenlue.
Cleveland, Ohio: 320 Bulklycg Builldingf.
Dallas, Tex.: 1212' Rep~ublic Bank11 Buildling.
Detr~oit, illich.: 415 New Federal Bulildling.
Housltcln. Tex.: -013 M~ilam Buibtling..
Jack-sonville, ]Fla.: 425 United States Courthousel~c andlr Po--t Offce

Los Angleql s. Calif.: 7;51 Finneronl,; Stleet, $Iouthl.
Louisville, Ky.: 408 Fedteral Building.
Illinnenlpolis. MIinn.: 900 Rtoanoke BuildingF.
N;ushr~ille. Tenn.: 415 Cotton States BuibtlineL.

N~ew Orlenus11. La.: 214 Custombouse.
N~ew York, N. YE.: 45 Broadwalm y.
Okrlahomanr City, Okrla.: 427 Commaerce Exchange~q Buib~ling~.
Philadelphia, Pa.: 933 Commercial T'rust Buibliner.
Pittsburgh, Pa.: 401 Law and Finance Buiblline.
Portlandlt, Oreg.: 407 Park Bu~~ilding.
Provritc~e. R. I.: N'ational Exchange Bankl B~uiblinn, 17; Exc~hang
St. Louis, Mllo.: Suite 1""20, 506 Olive Street.
San Francisco, Calif.: Hum~bolt Bank~ B~uildlinp, ~STS3 Market Stree~t.
Seattle, WOash.: 17::0 `Ext bunl: ce Buildfing.

Approved Code No. 99--Amendment No. 1



~As Approved on March 21, 1935



An application having been duly made pursuant to and in full
compliance with. the provisions of TIlitle I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amendm-
mentt to a Code o~f Fair Competition for the Asphalt Shingle and
Roofing Mannufacturlbr ng I~ndut~ry, and heailngsi having~ been duly
held thereon and the annexed report on said anieltendment, containing
findings w~ith respe:'ct thnereto, having been made and directed to the
President :
NOW, TH-EREFORE`, on behalf of the President of the U~nitedl
States, the National Industrial ]Recovery Board, pursuant to author-
ity restel 'in it by ]Executive orders of the President, including
Executive Order .No. 6859, and otherwise, hereby incorporate
by re'ference't, said annexed report and dJoes find that said al~cnlendanent
and the Code as conlstitultedl after being amendedcC'~ comply in all
r~ecpec~t- with thne pertinent provisions and will promote the policy
and purp'1oses of said title of said act, and does hereby order that
said ninlel~ndent. be and it is hereby1,3 approved, ancd that the previous
approval of said Code is hereby amnd~cled. to include an approval of
said Code in its entirety as amlelnded, such al-pprova-l and such amnend-
menc-t to takre effect twenty (20) days from the date hereof, unless
good enuse; to the co~ntrar1y is show-n to the National Indu~strial
R~cov~ery~ Board before that time and the National Industrial Rcvc,--
ery Board issues a -ubsequen"t order to that effect; provided, however,
that such~1 approval and such amendment shall remainn in effect until
m~odifiedl- or terminated by a fuxrther order of thze National Industrial
Recovery~\ Board.
By W'. A. HAnRRIAlN, Adlminzistrativue Officer.
Approval r~ecommnlended:cl
Division Admid-strolor4 f.(IfI 1
WaSmSawSCT, D. C.
March al, 1935.
120254* "-1603-111--35 (11~


Thre Tlite~ Hliourse.
SIR: An applientio~n has been duly madle pursuant to and~ in full
compliance withl the prov~\isions of the Na~tionlal Ind~ustr~ial Re~Covery'
A~ct for an ame~cltlltndmn to the Code of Fair' Comlpetitionl fo thle
Asp'hnlt .Shingle and Roofing Malinufacturing Indlust~r, sutbmintted
by the Code A~uthority for the Asp~halt Shingle and Roofinlg lunnu-
facturingr Indlustryt.
The purpose andc effect of the amenlndment~l is to provide~lr thant those
members of the Indlustry who mnay desire to do so many llente intio
an aglI~reement among themnselves for paym'nent o~f liquridated~ darmages~
upon dleterm~-ination by the National Industr~ial R~cov~\er~y B~oned!. o
other agency estabrrlished as provided in thne crmendmnent, of viola-
tion of any provision of the Code of Fair Competitio~n for the
ACsphalt Shingle and Roofing M~anufa~ctur~ing Industry.
T1Che Dleputy Administrator in his final report to us on snid amnendl-
mle~nt. to said Code having found as herein set forth and on, the basis
of all the proceedings in this matter:
Wte find that:
(a) The amlendmlent to said Code and the Codle as amnendedt are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery- Act including the remnoval of ob-
structions to thne free ~flow of interstate and foreign conulnerce which
tend to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooper~atie. action of labor and management under adequate
grover~nmntal sanction an daupllerv\ision, by chma~nating unfair comp-
petitivee practices, bly promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restr~iction of production exceptt as mnay be temporarily req~cuir~ed),
by increasing the consumption. of industrial and agricultural prod-
ucts th rougrh inc rens~i ng pu~~rchasnil ng ower, by redclrling and relievingyohews
unemployment, by imlproving standards of labor, andbotewe
rehafbilitatino- industry.
(b) The Code as amended comYplies in all respects with the per~ti-
nent provision of said title of said act, including without limitation
sulbsertion (a) of scc(tion 3, subl. -ctio~n (a) of section 7 and subs~c'Ctionl
(b) of section 10 the~reof.
(c) Thle amendmentlll and the Code as amlendced are not designedcc
to and will not permit monopolies or monopolistic practices.
(d) The amendment and the Code as amndedr~l are not designled
to and will not eliminate or opprest~s small enterprises and will noti
oper~ate to dliscrimninutet against, the~m.
(e) Those engaged in other steps of the economic plirocss hav\e
not been dep-rived of the right to be heard prior to approvl~c\ of
Sn1idl amendmenl~llt .
For these reasons, therefore, we have a~ppr~oved this am~endmelnnt
Fior the Nationlal Inldrlstrial XRcoverycl Board:
W. A. HannotaxN,
Admtlin ist ifrraiti Offeeri.
RTfrrnon 21, 1935.



Recognizing that the violation by any member of the Indus~~try of
an~y provision of this Code will disrupt the normal course of fair
complletitio~n in the industry and cause serious damage to others, and
that it will be impossible accurately to determined the amount of such
damage, it is hereby provided that those members who may desire
to do so may enter into an agreement among themselves em~bodyingr
the following provisions:
SECTION 1. Each member of the Industry assenting to the agree-
ment and violating any provision of this Code shall pay to the
Treasurer of the Code Auathority, as an individual and not as Treas-
urer, in trust, as and for liquidated damages, upon determination of
violation. by the National Industrial Recovery Board or any imn-
partial agency or person nominated by the Code Authority or des-
ignlated by the assenters to this agreement and approved by the
National Industrial Recovery Board, amounts as set forth below:
(a) For the violation of any wvage pr~ovision, an amount equal to
the difference between the wages which have been paid and the \\-ages
which would have been paid if the member had complied with? the
applicable provisions of the Code;
(b) For the violation of any hour provision, an amount equal to
thet wages payable for the overtime at the regular rate payable under
the terms of the Code, to the employee or employees w~ho workedl
overtime ;
(c) For the violation of any labor provision~ of the Code oth-er
than an. hour or wage provision, one hundred ($100.00) dlollzr~s;
(d) For the violation of any provision of th~eCod~e (other than a
labor provision) involving a transacf~tionl incidental to or connected
with a sale o-f any product of the Industry, anl amount equal to
twenty-five percent of the actual selling price of the product soldl in
-iojlationl of any such provision, or of the net price at which the
products should have been sold under the Co<;1e, if dect(ermiln Ible,
whichever is the higher;
(e) For the violation of anly provision of the C~ode (other than a
Inbor provision) not involving a transaction incidental to or conl-
nected with a sale of any product of the Industry, Tw~o hundred and
fifty ($2;50.00) dollars.
Seenos 2. Each nwmbnler of the Industry ns. enti lgr to this article
shall furnish the Treasurer of the Code Authority, as an individual,
w~ith the bond of a surety company, approved for the purpose by
the Code Authnority, providing for thle payment to the Treasuserlt'l
by said Surety Comlpany of any and all damangres, payable from

time! to time by such member to the Tr~eas~urer, indlividually,, pur-
,ciant to the pr~ovisionsl of thiis artic~le. The boind so furnishedt shall
be in the form1 approuv dc byv thle Codelc Authority. All sulch~ pay-
Iident shall be due and payable by~ thle Surety Comp~any p~romptlyv
uIpon receipt of a certifka~te of thle C'ode Aulthor~ity, signed~ by the
Chairmniiin- or by anly three mlemler~s the~reof, certifying to the Surety
Comprllanyy that damagess in a spec~ifed am~ount. have been duly as-
ses~c~ ed ainsit said member pursu~~ ant to th~is article; that demlandl
for the payment thereof has b~een dluly~ mlade uplon said~ memberi
of the I~ndustry;S that three dlays hav\e elopsed since such demandl
and that the said damages have not been paid. The bond so fur-
Iished~ shall be inl a sum deetermlined by\ thle Codle Autho~ityl with~
the approva\.l of the memlber f~r~nishiing the sam11e bult such'I sum11 shall
in no case be less than $5,000l.00 nor morle than $50,0)00.00. Thle
member furnishing the bond shatll ma~intain the samne in effect dlur-
ingf the life of this agreement. In1 the event. o~f an assessment for
dflrlamag being set asidte, the Tr~ea~surle r shall r~eturn to th~e mlembetr~
of the Industry or to the Sure~tyt C'ompany,? which\erer panid thed
same-l, any amount found to have been improperly assersed.
SEcTIrms 3. All amounts so p-aidl to or' collected by th~e Trea~surler
of the Code Authority, undler the prov~isions of thlis Ar~ticle, shall
be applied byT him as follows: F~irs~t. if the violation shanll hav\e been
of a labor provision of the (Cole, eqluitable dlisjtributio n of all dam-
ages plaid th~eretfor shaill be mlade amo~c ng all emnployees dir~ectly af-
fected b~y such violationi; S~ond~, if thle violatioi~snll sh ll ve been41
of a Code provision other thaln a Ilabor pr~ovision, the damlage~s arli -
ingf therefrom shall be utilizedc to- dlefr~ay prloper expeCnSes of Clode
Admninist~ten in,, and the balance, if any, r~emiaining in th~e hands of
the Treas-ur~er shall be distribuitedl smi-anniual~"ly n~ amomr mlembers of
thre Industry who have assented hereto and who have not bceen
de~termined to have been guilty bf a violation of a Code provision
during the preceding seml-i- unnul period, on the basis of the mosct
re(.c-(nt, assessment made against members of the Indlulltry- for the
expense of Code adminiit r~ation.
Src'.TNo 4. Assentf to this article by any memblller of the Indusltr'y
shall be evidt-ncedll by a signed statement signifying ass~ent, filed.
with the Code _Authority. Failure to assent to this Article shall
not deprive any member of anly other right or privilege under th-e
Codle. By so ass.enltinlg, eachl member agrrees with every other mem-
ber and the Trcnclrler individually (1) that viorlation of a Code pro-
vision shall breach(.1 this agreement and shall render the violator
liable for the payment of liquidantedl (lamages~ as herein provided,
(2) all rights and causes of action arising hereulnder are assignedl
to thle Trealsure~r, indivilarnlly and in trust, and (3) that t~he Treas-
ur~er, ats such assignee and as attorney in fact for each assernting(
member, may talke all pr~opeir legal action cocnc~ernill lnlgc daag foundll
dulre herenuder.i~er
Smlow 5~rN I. TChe Code Atluthority may- waive liab~ility for payment
of 1;jliquidated tlamagnes for anly viollntioln it finds to hlave been inno-
cently made and resulting in no material injury, and may reduce thle
amount of dlamages assessedl against a member of the :Indlutry. If,
in the opinion of th~e Code Authority, such r~eduction in the cuse
under cornsid7er1ationl would be equlitablle and would fur~ther th~e pur'-
poses of tlx, NTa t ional Industrial RecoveryS Act.

SrxneT T N rG. Th~e T1c lren-m- of t-he Code Au!!l~nrity as~ an ilnlivicdud~,
na1I l not n.'. 'Treasurer, by acceptiing office or (':lltinuingl inl attiC.!,
alccens'- thc truslt e-tab~li-hod byJ th~i-, contract and!t ;:gree-, to p~erfunoi i
thle du~ties o~f Trus~tee herecunder until htis su~ccessor in office mlay have

Sunosrc, i. This contract mlay be terminatedl by vo-te oft twvo-thirds
(2;;) oIf ther parties hereto, such t!''lininat~ion to take3 efect inunediately
up-Ion notice in wrlitine to said Tr~easurer of thle Codle Aulthority;
provirdedc, holi-l.\ever, such~a termlinatio n shall not relieve anly mremrber
from. payment of liquidantl! damagest- dlue als a resu:tlt of any violation
commrittedi prior to -nill termination.
Scen 8. No n rc'lntabad h!:nerein~~ o s hal e enct.-true for l applI)
to a) eprve ny erson of any righrlt o)r r~ighlt of action arising out

contractual or legal oblligation arisingS ou-t o.f this Code or of the
ALct or otherri-ise~(; nor shall violation of this agral~ on!1 at by an alssent-
ing member be deemed a violation of the Code, so as to subject the
violator to anly Ccon~-iequi.lnee ori'jing under Sceion 3 (b), Section
3 (c), or Section 3 (f) of the Nationa~l I~ndusl-trial Recovery~ Acl~t, nor
to any cl'lriminal pclrecenition of any kind.
AI~lfa oval (' sh* Niro. 90f-AmilendmrenNo 1