UNIV. OF. F L US.
ra r DEPOISITORIY
GOVERNMENT PRINTING OFFICE
For sale by the Superintenddentof Douent, ashntn .. -- Price cents
Approved Code No. 102-Amendment No. 3
Registry No. 1329--1-01
NATIONAL RE COVERIY ADIMINIIS TR~ATI ON
CODE OF FAIR COMPETITION
SHOVEL, DRAGLINE AND
AS APPROVED ON APRIL 6, 1935
WE DO OUR PART
This publication is for sale by the Supe~rintendent of Dlc'uments, Government
Printing Office, Washington, D. C., and by the following N. Rt. A. offices:
Atlanta, Ga.: 625 Citizens a) Southern Natilnn I Bank Building.
Baltimuore, 1Md.: 130 Customhoulse.
Birmingham, Ala.: 201 Liberty National Life B~uildfing.
Boston, Mlass.: Room 1200, 80 FEderl~~al Street.
Bu~f'fallo, N. Y.: 219 ~White Building.
ChLi(.lrr, Ill.: Room 204, 400 North M~ichi=;nn Avenue.
Clevelzand, Ohio: 5i21, Bulkley Bu~ilding=.
D~allas, TCex.: 1212 Rep~ublie Banr ]Buibllinlg.
Detroit, Mich.: 415 New F~~leleral Bu~ildling.
HoI ust on~, Tex.: 403 Milam Bul!ildl ingr.
J~acksonville, F~la.: 425 United States Courthouse and Post Office
Los Angeles, Calif.: 751 Fiigneroa Street, South.
Louisville, Ky.: 408 Fe lernl Buildling.
Mlinuoupolislh. Minn.: 900 Roanoke Bulildlin=.
Nashville, Ttnn.: 415 Cotton States Buibline~.
T11N;work. N. J.: 434 Industrial Office Buib~line. 1000;( Broad Street.
N~ew Orknus11. La.: 214 Customhouse.
New Y~ork, N. Y.: 45 Broadway.
Ok~lahoma City, Okl~a.: 427 Comnmerce Exchanue1" 1 Building.
Philadtelphia, Paf.: !4.4: Comnmercial Trust Blri1.11n .
Pittsburghl, Pa.: 401 Law ;Ine! Finance Bulibllingr.
Prlltland.~l Orm~.: 407 Park Buildling.
ProI~viden~lcl', R. I.: National Exc~hancet~ BEank Buibilngi, 17 Exc-hange
St. TLouis, Mo.: Suite 1220, 506 Oiv- e Street.
San Fralncisco, Callif.: Humlbolt Bank BUuibling~r, 785 MarIIket Street
Sealttle, Wash.: 1730r. Exlfllchan Buildinlg.
Approved Code No. 102--Ameemenen No. 3
AMLENDMIENT TO CODE OF FAIIR COMPETITION
SHOVEL, DR~AGLINE AND CRANE INDUSTRY
As Approved on AClpril 6, 1935
~APPROVING AM~I~ENDMENT OF CODE: O1F ETIR COMPETITION FOR TH~E
SHOVEL, DRAlGLINE AND CREATE 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 an. amnend-
ment to a Code of Fair Competition for the Shovel, Dragline and
Crane Industry, and opportunity to be heard thereon having been
duly noticed and the annexed report on said amendment, containing
findings with respect thereto, having been made and directed to the
NOW, THEREFORE, on behalf of the President of the United
States, the National Ind~ustrial Recovery Boa~rd, pursuant to author-
ity 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 amendment and the Code as constituted after being
amended comply in all respects with the pertinent provisions and
will promote the policy and purposes of said Title of said A~ct, and
does hereby order that said amendment be and it is hereby approved,
and that the previous approval of said Code is hereby amended to
include an approval of said Code in its entirety as amended, such
approval and such amendment to take effect twenty (20) days from
the date hereof, unless good cause. to the contrary is shown to the
National Industrial Recovery Board before that time and the
National Industrial Recovery Board issues a subsequent order to that
ATIONAeL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMABN, admi~istrative Olpeer.
Approval recommended :
BARTON W. MURRAY,
WB(smwG;ONo, D. C.,
April 6, 1935.
REPORT TO THE PRESIDENT
The WChite House.
SIR: This is a report on the Amnendmelnt, to Alrticle II,' Defini-
tions ", of the Code of Fair Competition for the Shovel, Dragline
and Crane Industrly, wcphich provides in the definition of Inmdustry '"
for thne inclusion of portable drilling mach~.linfe .Opportunlity to be
heard was given from January 17 to Fiebruary 6i, 1935.
The Assistant Deputy Adm~inistrator in his find~l report to us on
said Amtonllnrentl to said Code havingf found as herein set forth and
on the basis of all the proceed~ingbs in this matter:
It is found that:
(a) The A2Nrnerrshnenlt to said Code andc the Code as amecncd d are
well do signedr to promote the policies and purposes of Title I: of the
National TIndustialn R~cove'tryS Act including the rem~loval of obstruc-
tions to thre free flow of interttate and foreign commetlrce wh~lich tend
to diminish the amount thereorcf, and w-ill provide for the generl~n wel-
fare by promoting the organ~izaltion of indu ctry3 for the purpoe. of
cooperative action of labor and mallnagemnt~l ulndel ttr adequtel gOvernI-
mental sanction and supervision, by ehinunlnting~ unfair comlpetitive
practiices, by promoting the fullest possible utilization of the pr1esent
productive capacity of industries, by avoiding undue restriction of
produciltion (except. as: mayl be temporarllily IPllrquired) byV increasingly
the can uni~lrp tion of industrial and agricultural products throu~lgh
inceain prcasngpowcr, byr reuc7ring and relievingr uii~nemloy-
ment, by improving standards of labor, andl by other wise ~rehabili-
(b) Thre Code as amnendied complies in. all respects with the pcrti-
nent provisions of said Title of said AcLt, including without limlitation
Subsection (a) of .Sc~ction 3, Substection (a) of Rectionl 7, andi Sub-
section (b) of Sectioln 10 the~reo~~f.
(c) ]The! um enanentl('lf and the Codte as amended are not designed
to and will not permit monorlcpolies or munopo~il~~>isf ticpatc
(d) TIhe Antendinentl~rlt and th~e Code as amended are not dtigned
to andl will not elimlinate or oppress~ .umlla enlterla-i ~c~ and woill nIot
operate to discrimiinate au-n~inst them'll.
(e) Those enewr:1ed in other steps of thef economic proces~r s hav~e.
nott: beecn deprived~l of thep righlt to be( hea~rd. prior to approvlcl of said
F'or these rea ons. this Amendmentcn has been app~roved.i
F~ior the Na;tiona~l Industlr~ial 1Recovery Board:
Adm/,(in~istlra/; W Ofpeecr.
AM\ENDIMENT TO CODE OF` FAPIR COMPETITION FOR
THE SHOVEL, DRAG;LINL'E AIND CRAINE INDUSTRY
Amend Article II, definition of "L Industry ", to read as follows:
Indlustry--the manufacture and the sale by thne manufacturer
within the continental United States of Amlerica, including Alaska
and the Territor~y of Haw~aii, of
(1) power-opera~ntedl, convertible shovels and draglines and spe-
cial modification.,~ thereof, such as cranes equipped for clamshell or
lifting service, b~ack-diggring tr'ench-hoes, skimmers, auto truck-
cranes, and the like, all having a nominal rating of one-third (1/3)
cubic yard capacity and more;
(2) full revolving locomoctive~ cranes having a nominal rating of
three (3) tons capacity and more, and special modifielntions of such
machines embodyingr locomlotivet crane superstructure;
(3) portable dlrilling: machines (as distinguished from 'standard
rigs and pneumatic drills) of the cable-tool, rotary or hollow-pipe
system, including alttachmients~ therefore and modifications thereof,
and equipment and tools for the aforesaid, and mechanical bit-sharp-
ening machines, when. produced by the manufacturer of the finished
product for use as integral or auxiliary equipment to the said port-
able drilling machinellllS.
(a) provided that the sale by the manufacturer of portable drill-
ing mach~lines,, tools and eqipmen~llclt, as herein defined, for use in the
Petroleum Indtustry, as defined~ in Article I of the Code of Fair Com~-
petition for the Amlerican Petroleum Equipmelnt I[ndustry and T'rade,
shall be subject to the provisions of Ar~ticles VT7I and XY of said Ameri-
can Petroleum. Equipment Industry and Trade Code, and
(b) provided that those manufacturers of portable drilling ma1-
chines, tools and equipment whose total volume of business is pre-
pondlerantly under thle American Petroleum Equipment Industryr and
Trade Code shall be exempt from the wage and hour provisions of
the Shovel, Dragline and Crane Industry Code andi shall be: subject
to the wage and hour provisions of the American Petroleum Equip-
ment Industrly and Trade Code, and
(c) provided that all sales for use outside the Petroleum Industry
as above defined shall be subject to the Fair Trade Practices effec-
ting the sale of portable drilling machines, tools and equipment of
the Shovel, Dragline and Crane Industry C:ode."
Approved Code No. 102-A~emendment No. 3.
Registry No. 1829---1--01.
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UNIVERSITY OF FLORIDA
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