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Approved Code No. 337-Amendment No. 1
Registry No. 701--35
NATIONAL RECOVERY ADMINISTRATION
CODE OF FA IR C OM PE T ITION
COAL DOCK INDUSTRY
AS APPROVED ON DECEMBER 28, 1934
WE Do OUR PART
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Approved Code No. 337--Amendme~nt No. 1
AMENDMENT TliO CODE OF FAqIR COMPETITION
COALC DOSCKZ INDUSTRY
As Approved on December 28, 1934
APPYROVINTG ArEsNDMENT OF CODE OF FAIR CMPlE'TTITION FOR THE COAL
An application having been duly made pursuant to and in full
compliance with the provisions of Tiitle I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
mnent to a Code of Fair Competition for the Coal Dock: Industry,
and hearings having been. duly held thereon and the annlexed report
on said amendment, containing findings with respect thereto, having
been made and directed to the Presidient:
NOW, T'HEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity veste~d in it byv Executive Orders of the PIresident, including
Executive Order N;o. 685i9, and otherwise, does hereby incorporate,
by reference, said annexed report and does find that said amendment
and the Code as constituted after being amended complies in all
respec~ts with the pertinent provisions and will promote the policies
and the purposes of said Title of said Act; and does hereby order
that said amnendmelcnt be and is hereby approved, and that the pre-
vious approval of said Code is he~rebyL amendedl to include approval
of said Code in. its entirety as amended, such approval and such
amendment to take effect ten days from the date hereof, unless good
cause to the contrary is shown to the National Industrial Recovery
Board before that timel~ and the National Industrial Recovery 1Board
issues a subsequent order to that effect.
NATIONAL INDUSTRIAL RECOVERY BOARD,
1By W. A_. HARRIMAN, Aqdministrati ~e O7f)Ecer.
APpprov-al recommended :
W. P. E;Ls,
Acting Division2 Administrator.
WBBsENmONo, D. C.,
Decem~liber) a8, 1934.
105459* 1465--1--35 1
RtEPORT TO TH3E PRESIDENT
The White House.
SmR: An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act, for an amendment to the Code of Fair Competition for the
Coal Dock Industry, submitted by the Code Authorities for the said
T~he existing provision of Airticle VI, Section 6, of the Code for
said industry, is entirely inadequate in view of the necessity for
seeking an amendment to the Code to make nonpayment of assess-
ments a Code violation, and it is therefore evident that the pro-
posed amendment to Article VI, Section 6, of said Code will over-
comee the existing inadequate provision.
The Acting Deputy Admninistrator in his final report to us on
the amendment to the Code of Fair Competition for the Coal Dock
Industry having found as herein. set forth and onl the basis of aill
proceedings in this matter:
We find that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industral Recovery Act including the removal of ob-
structions to the free flowcc of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the gen-
eral welfare by promoting thne organization of industry for th~e pur-
pose of cooperative action among trade groups, by including and
maintaining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as mnay be temporarilye required) by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relievinga
unemployment, by improving standards of labor, and by otherwise
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(d) The amendment and the Code as amended are not designed
to andl will not elimninate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Said. amendment is accordingly approved.
For the N)1ational Industrial Recover~y Board:
W. A. HARRIM6AN,
DECEMB~ER 218, 1981Aai 8rtv O)cr
AMENDMENT TO CODE OF` FA'IR COMPETITION F~iOR
THE COAL DOCKC INDUSTRY
Delete Sectionl 6 of A~rticle VI and substitute in lieu thereof the
S~ECTION 6. (1) It being found necessary, in order to support the
administration of this Code and to maintain the standards of fair
competition established by this Code and to effectuate the policy of
the Acet, the D~ivisional Code Authority is authorized, subject to the
approval of the National I~ndustrial Recovery Board;
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hlereinn fter1 provided and which
shall be held in trust for the purposes of the Code;
(b) T'o submit to the National Industrial ]Recovery Board for
approval, subject to such notice and opportunity to be heard as it
may deem necessary, (1) an itemized budget of its estimated exr-
penses for the foregoing purposes, and (2) an equitable basis upon
which the funds necessary to support such budget shall be contrib-
uted by members of the Industry;
(c) After such budget and basis of contribution have been ap-
proved byT the National Industrial Recovery Board, to determine
and secure equitable contribution as above set forth by all such mem-
bers of the I~ndustry, and to that end, if necessary, to, institute legal
proceedings therefore in. its own name.
(2) Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of thie Code Au-
thority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the N)1ational Industrial
Recovery Board. Only members of the ICndustry complying with
the Code and contributing to the expenses of its administration as
hereinabove provided, (unlless duly exempted from, making such con-
tributions,) shall be entitled to participate in the selection of the
members of the Divisional Code Authority or to receive the benefit
of its voluntary activities or to make use of any emblemn or insignia
of the National Recovery Administration.
(3) The Divisional Code Authority shall neither incur nor pay
any ob~ligation~1 substantially in excess of the amount thereof as esti-
mated in its approved budget, and shall inl no event exceed the total
amount contained in the approved budget, except upon approval of
the National Industrial Recovery Board; and nlo subsequent budget
shall contanin any deficiency item for expenditures mn excess of prior
budget estimates ex~cpt those which, thze National I~ndustrial Recovery
Board shall have so approved.
Amend Section, 8 of Article VI by deleting Sub-sections (e) and
(f) and designate sub-section (g) as sub-section (e).
Approved Codle No. 337---Amendment No. 1.
Registry No. 701-35.
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