Code of fair competition for the wholesale coal industry as approved on March 1, 1934

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Material Information

Title:
Code of fair competition for the wholesale coal industry as approved on March 1, 1934
Portion of title:
Wholesale coal industry
Physical Description:
p. 409-420 : ; 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 trade -- Law and legislation -- 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:
"Registry No. 701-32."
General Note:
"Approved Code No. 314."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004942915
oclc - 63654856
System ID:
AA00006709:00001

Full Text







NATIONAL RECOVERY' ADMINISTRATION





CODE OF FAIR COMPETITION

FOR THE


WHOLESALE COAL INDUSTRY


UNIV. OF FL LIS.





U.E WWPrOMTrY


I I
Fvr i~Lde by the Superintendent of Documents, Washington, D.C. Price 5 cents


Approved Code No. 314


Registry No. 701--32


AS APPROVED ON MARCH I, 1934


WE DO OUIR PART


UNITED STATES
COVERNMVENT PRINTING OFFICE
WASHINGTON s 1934


























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Wrashington, D.C., and by district offices of the ]Bureau of
Foreign and Domestic Commaerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMIERCE
Atlanta, G3a: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building~.
Boston, Mass. : 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamuber of Commerce Building.
Chicago, Ill.: Suite 1706, 20)1 Nor th Wr~ells Street.
Cllev-ela ndl, Ohio: Chamber of Commerce.
Dallas, Tex.: Chambller of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamnber of Commerce Buildling.
Indlianapolis, Ind.: Chaminber of Commerce~ Bu~ilding.
Jackrsonville, F'la.: Chamber of Commercle B~uilding.
Kansals City, Mo1.: 1028 Baltimore Avenue.
Los Angeh-~s, Calif.: 1163 South Broadwayg.
ILouisiville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
lblinneapoll~li s, M~inn.: 213 F~ederatl Buildlin~.
New Orleans, L~a.: Room 225-, Custombouse.
New York, N.Y.: 734: Customhouse.
Norfolk, Va.: 406S East Plue Street.
Phliladlphialicr Pl.: 422 Commercial Trus~t Building.
Pittsburghz, Pa.: Chambzer of Commerce Buildling.
Portlandc, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 50011 Olive Street.
San F'rancisco, Calif.: 310 Customblouse;
Seattle, W~ash.: 800 F'ederal Ofic~e Buildinlg.













Approved Code No. 314


CODE OF FAIR COMPETIIITIO~N
FOR THE

WHr-IOLESALE COAL INDUSTRY

As Approved on March 1, 1934


ORDER

APrroVNwo CODE OF FAIR COMPLETION FOR THE WHOLESALE COAL
hoDUSanx
An application having been duly mnade pursuant to and in full
compliance wvith the provisions of T~itle I: of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the W~holesale C~oal Industry, and hearings
hlaving been duly held thereon. and the annexed report on said Code
containing findings with respect thereto, having been made and
directed to the President:
NOWV, THIEREF~iOR~E, on behalf of the 3President. of the United
SC~tates, I, Hugh S. Johlnson, ACdministrator for Industrial Recovery,
pulrsualnt to authority rested in me by Exzecutive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said an-
netxed~ report and do find that said Code complies in all respects
with the pertinent p~rov\isionsi anld will promote the policy and
purposes of said TIitle of said Act; and do hereby order that said
Code! of Fair Competition be and it is hereby approved.
HUGH S. JoHNson,
Administrator for Inrdus~tirial Recovery.
Approval rec~onun~endced:
]K. ~M. Smr\Ison,
Division Admi ~ i nistrator.
TVASHINI~GTON, D.C.,
March 1, 1934.
(400)


43468*----425--3-84-3













REPORTT TO TH3E PRESIDENT:
The PRESIDENT,
The White H~ouse.
SmR: This is a report on the Code of Fair Comlpetition for the
Wholesale Coal I~ndustry as revised after a public hearing con-
ducted in W7ashington, D.C., on November 16, 1933, inl accordance
with the provisions of the National Industrialf Recovery A-ct.
WPAGIE AND HAOTTR PROVISIONS

Normal HEours.--Forty (40) hours per week.
Min~~imum WCages.--Forty (40) cents per hour for part time em-
ployees, antd $15 per wseek: for employees working the normal hours.
Overtime Pena~lty.--Provisionl is matde for payment at thze rate of
time and one-hatlf for any hours worked in excess of fort (410)
hours per week.
A ge Limrit.--The employ~menlt of any person under sixteen (16)
years of age is prohibited.
ETstinwllr~ed Effeet.-Dlurin 192?9 approximately 24,000 wage earn-
ers were employed in the Wrholesale Coal Indust~ry as compared with
approximately 12,000 in 1932. It is estimated that the hour pro-
visionls of this Code wvill add 1,950 emplloyees to this Industry's
payroll, thereby increasing em~ploymentcr l ap~proxima~tely 16jr over
the 1932 employment total. It is estimated that the wage pro-
visions will increase the total payroll appr~oximately 15%0 over 1932.
MARKETING PROV'ISIONS

No provision is molade for adny price regulation except that every
member of the Industry shall so condluct his business as to avoid
discr~uinuntioni against any class or group of customers, and it is
further provided that no member of thle Industr~y shall sell any coral
at a price less than the then cullrrent market price of that gra~e. and
quality of coal established under the provisions of alny Codes olf Fair
Competition for producers of coal in th1e market where the delivery is
to be mnade or in the neares~t market to thle place where the delivery
is to be madnte.
:R EMA~R KS

Our Plainninrg aIndl Re-earch Division recporits that the Wholesale
Coal Inldu tr~y, which includes o~nly thle salles of pulr~chased coal at
wpholesale, sold approximatelyl 106.n994000 tons~ of coal in 1989 valued
at $319,210,000; and 61,13J3,000U to~ns inl 1939' vallued at $163.~l.,(0.000
Thec reducll.tlo an mto~nnage and valulecir c linr 1090 is duei to severe comir-
]petitionl wvith~ oil and gas as wcl~l as to thet ge~n~r~al business sionl; probl~abl~y somie tonnageC hlas al.-o been Ins~t to other challnnels of
di~st r~ibt ion.
(410)






411


FINDIN-GS

The Deputy Ad~ministrator in his final report to me on said Code
hav~ing found as her~einl set forth and on the baslis of all the pro-
ceedings in this matter,
Ii find that:
(a) SadC odeJ in~ s: well de igcnedl to promote the policies andi pur-
poses of TCitle I of the Nlrational Industrial Recovery Act, including
removal of obstructions to the free flow of inltersitte and foreignrI
commerce w-~hich tend to dimlinishl the amount therecof and will pro-
vide for thle general welfare by promoting the organization of indus-
tr~y for the purpose of cooperative action among the trade groups, by
inducing find maintaining united action o~f labor and management
under adequate gover~nmentall sanctions and supervision, by eliminat-
igunfair competitive pra~cticed,~ by promzoting the fullest possible
uilizatijon of the present procdnetlive capacity of industries, by avoid-
mng undule rest~ic~tion of production (except as may be temporarily
requiredd, by increPnsingr the connsumpt~ion of indulst~rial a~ndl agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standlards of labor, and
by- otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000
employees; and is not classified by me as a major industry.
(c) The? Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limnita-
tion Subsection (a) of Scxtion 3, Subsection (a) of Section. 7, and
Subsection (b) of Section 10 thereof; and that the applicant associa-
tion is an industrial association truly representative of~ the aforesaid
Industry; and that said association imposes no inequitable restrictions
on admission to membhership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) Thre Code is not designed to andl will not eliminate or oppress
smarll enterprises and ~will not operate to discriminate against then.
(f) Those engaged in other steps of the economic process have
not been depr~ivedl of the right to be heard prior to approval of said
Code.
For these reasons thie Code has been approved.
Respectfully,
HuanI3 S. JOHNSON,
A d~mnistratlor
AfARCH 1, 1934.













CODE OF F'AI[R COMPETITION FOR TH-IE WHIOLESA LE
COAL INDUSTRY

ARTICLE 1-FTRPOSES
To eeflFectuate the policies of Title I of the ~a~tional Industrial
Recovery ~Act, this C~ode is established as a Code of F'air Comnpeti-
tion for the Wholesale Coal Industry, and shall be the standard of
fair competition for such Industry and binding upon every member
ARTICLE II- DEFINITIONS
.SEr.TlIN 1. "COa1" Shall metan1 any anrthracite, semi-anthracit.e
bitrun~inous, semi-bituminous or lignite coal, fuel wood or wood-fuel
products, briquettes, boulets, coke, gas-house coke, petroleum coke,
pctr~oleum carbon or any manufactured or patenrtedl fuel not sold by
liquidi or metered mneasur~e.
SCECTION 2. "'TOlesallg shall mean the selling or selling and
delivering of coal in railroad cars or cargo vessels, subject, how-
ever, to the provisions of Article III, Section 8, of this Code.
SCj,,,,,, 3. Retailing shall m~ean the selling or selling and- de-
liverIng(1 of coal in other th~an. railroad cars or cargro vessels, subject,
however, to the provisions of ALrtile III1, Sac~ionl 8, of this Code.
SCEc.TIoxN 4. "( Wholesale Coal Indrustr~y "' or Ind~ust ry "' shall mean
the wh~lolesaling of purcho n-ed coal.
SECTION 5. President ", "'Act ", and 'Administrator "" shall mean
relspltiv~ly the Presidtent of the United State~s, t~he National Indus-
trial Res:-ove-r~y Act, and the Ad~ministra~tor under Title I of said Act.
Secrzox 6. Employee shall mean anyone engagSed in the whole-
sale Coal Industry in any capacity r~ceiving~ comlpensation for his
services, irrespective of the nature or method of such compensation,
ecep'tl' a member of the Indusltry.
SEciON~r-, 7. Emplloyer shall men~c~ anyone by whom such em-
ployee is compensated or employed.
Sectrrox 8. M~liembe off thne Indus~1try shall include all those
engagedt c in the Indu.-try,, as an employer1 or on hlis or its ow~n behllf.
AnRTICLE III-ADMr sINIsTR ATIO( N

~r:c.now 1. Thleret shall forthwith be consltitulted a Code Aurthorjtly
cori-i-tingr of seven memberlll~ls ele'ctd fromll theC Inldustr'y as~ herrin-
after providedl. Th diitao ay n~ appoint not miore than
three non-votingmmes t etfr uhtrs sh a

SLI(ICN. lIon Thne member~-1s of the: GiCode Authorlity shatll b~e eletctd by
letter ballot by a plurality of all members~ll'~ of the InduslltryS a-ssntingr
to thle Coalle. subject, to th~e ap~prova;l of the A.1m~inis I;tratr. T(Ilem-
bers of the Indlust~ry shall be entitled to participate il and sharle. thle






413


benefits of the activities of the Code Aulthority and to participate in
the selection of the memlber~s thereof by assenting to the Code, by
executing a letter substantially as shown in Sc~hedlule A annexed
hereto and complying with the requirements of this Code and sus-
taining their reasonable share of the expenses of its administration.
SECTION 3. NO tWTO Of the! members of the Code Authority shall
be associated w~it~h the same member of the Industry. 'Vacancies in
the Code Authority shall be filled by the Code Authority with the
app1rova of the Admlinistrator.
SacroN 4. Nothing contained in this Code shall constitute the
members of the Code ACIuthtority partners for any purpose. Nor shall
any member of the Code Auth~ority be liable in any manner to any-
one for any act of anyT other memlber, officer, agent or employee of
the Code Authority. N~or shall any mlember of the Code ~Authority,
exercising reasonable diligence in the conduct of his duties hereunder,
be liable to anyone for any action or omission to act under this Code,
except for his own willful misfeasance or non-feasance.
SECTON 5. The Code Authority shall have the following powe~rs
and duties, subject to such rules and regulations as may be issued
by the Administrator.
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the Industry w~ith the provisions of
the .Act.
(b) To adopt by-laws and rules and regulations for its procedure
and for the administration and enforcement of the Code, subject
to the approval of the Admninistrator..
(c) To obtain from. members of the Industry such information and
reports as are required for the administration of the Code and to
provide for submission by memlber~s of such information and reports
as the Admninistratorl may deem necessary for the purposes recited
in Section 3 (a) of the Act, which information and reports shall
be submitted by mlemblers to such Federal and State agencies as the
Admillnistrator may delsig~nate; provided that nothing in this Code
shall relieve any memllber of the Industry of any existing obligations
to furnish reports to anyT governments agency. No individual r~epor~ts
shall be disclosed to any other member of the Industry.
(d) T~o appoint agents or agencies, delegating~r to such agents or
agencies necessary powers and to use such existing trade associations
and other agencies as it d~eems proper for the carrying out of any
of its activities provided that nothing herein shall relieve the Code
Authority of its duties or responsibilities under this Code and th~at
such trade associations and agencies Fhl~nl at all times be subject
to and comply with the pr~ovisions hereof.
()To make recommendations to the Admlinistratorr for the
coordination of the administration. of this Code with suIch other
codes, if any, ats may be related to the Industry.
(f) To secure~ from members of t~he Indusit~ry accepting the bene-
fits of the Code, an equitable and proportionate payment of the
reasonable expenses of manintaining~ the Code Authority and its
aet W1118s.
(g) To recommends to the Administrator further fair trade prac-
tice. provisions to govern mnemlbers of the Indlustry in their relations
wfith each other or with other indulstries and to r~ecommnend to the






414


Administrator measures for industrial planning, including staibili-
zation or employment.
SECTIONv 6. lIn order that the Code3 Authority shall at all times
be truly representative of the Industry and in other respects comply
with the provisions of the Act, the Administrator may prescribe
such hearmgs as he may de~em appropriate, and thereafer if he
shall find that the Code Authority is not truly representative o~r
does not in other respects comply with the provisions of the A~ct,
he may require appropriate modifications in the method of the
selection of thne Code A~uthority.
SECTIION 7. The Code A~uthority shall appoint a committee to meet
with a committee of the Code Authiority of any related indusr and
when so meeting to act as a Coordination Board in the determina-
tion of disputes over the jurisdiction of the respective Code Auth~or-
ities. Each cormmitteeshl be equal in number to the respective
committee of thre related industry appointed to the same~ Coordina-
tion Board. In addition to the members app'odi nted by the Code
Authorities, each Coordination Booard shall hae one member ap-
pointed by the Adminlistrator with authority to vote in the cass
of a ~tie.
SECTION 8. An~y business included in the definition of C" Wole-
saling in Article II, Section 2, of this Code, which has been by
custom served by the Retail Solid Fiuel Industry in any trade area,
shall be included within the definition of "L retailing and any busi-
ness included in the definition of retailing in Article II1, Section 3,
of this Code, which has been by custom served by~ the Wtholesale
Coal lIndustry in any trade area, shall be included w~Fithin the defini-
tion of wholesaling." Any dispute arising out of these provisions
and involving any related industry or indu~str~ies f'or which a Code
of Fair Competition shall exist, shall be forthwith reviewed and
determlinedl by the procedure established in the last precedling Sec-
tion, provided that no such determination shall prevent any whole-
saler doing retail business, or th converse.
S~ECTION 9. IR cRSe there should be a dispute between this Code
Authority and the Code Authority of any related industry, the
dtermliination of which is not provided for by Sections 7 and 8 of
this Article, this Code Authority may have the power to present it
for adj ustmetnt to the proper Code Authority of such related industry
and if the twrPo Code Authorities are unable to come to an agreement,
this Code Authority may present it to the Adml~inistrator for his
dtPcisioD.
SEcTION 10. The Code Authority may divridle the country into
Iregions and whelcn Ireques~ted to do so by a maLjority' of the members
assentingr to the Code in a region, shall constitute in that region a,
REegional Code. A~uthority to consist of five members. The~se mem-
herls shall be ~lecltedc by a plurality vote of the! members of the
Indtust~ry ini that reggionl assenting to the Codte, under Rules pre-
sc~ribed by the Codie Authority and subject to thle pr~ov~sions of
Section 3 of this A~rticle. The Adminisil~trato miay aplpoint one
noin-voting mem~nber on eachl Reg~ionall Codte Authrclit\'. Members) C of
thle Code Authority may be members of suchl 'Regiona~;l Code
A~uthoriities.






415


SECTION 11. WhT]en and where: Regionral Clode Authorities are con-
stituted, Sections 4 to 8 inclusive of this Article shall apply to them
in their regions subject to review, disapproval or modificationl by the
Code Authority.
Sactrow 12. The Code Authnority shall keep the Regional Code
Authorities fully informed of its proceedings and recommnendations,
and each Regional Code Authority shall kreep thie Code Atuthority
fully informed of its proceedings and recommendations.
SECTIoN 13. All acts or findings of the Code Authority or any
Regional Code Authority or Tr~ade A8ssociation shall be reported to
the Administrator and shall be subject to his disapproval after such
notice and hearing as he may prescribe. If the Administrator shall
deteirmie at any time that any action. of a Code AQuthorit~y or any
agency thereof may be unfair or unjust or contrary to the public
interest., the Administrator may require that such action be suspended
to afford an opportunity for investigation of the merits of such
action and further consideration by such Code Authority or agency
pending final action which shall not be effective unless the Aidminis-
t~rator approves or unless he shall fail to disapprove after thirty
days' notice to him of intention to proceed wlrith such action in its
original or modified form.
SECTION 14. Each trade or industrial association directly or indi-
rectly participating in the selection or activities of the~ Code ~Author-
ity svhall (1) impose no inequitable restrictions on membership and
(2) submlit to the Admini~strator true copies of its Articles of Asso-
ciation, By-Laws, Regulations and any amendments when made
thereto, togaethfer with such other information as to membership, or-
ganizaztion a~nd activities as the Administrator mnay deemn necessary
to effectuatet the purposes of the Act.
ARTICLE IV--LABOR
SECTION 1. No employee (except. executives and supervisory em-
ployees receiving not less than $35 per week~, and salesmen) shall
be permitted to work more than 40 hours per week unless time and
one-half is paid for each hour w~orkled in excess of 40 hours per week.
SECTON 2. No employer shall reclassify employees or duties or
occupations performed, or engage in any other subterfuge, so as to
defeat the purposes or provisions of the IAct or of this Code.
SECTION 3. No emp-loyee shall be paid less than. $15 per weekr.
No part time employee shall be paid less than 40 cents per hour.
SECTION 4. NPiO employee whose nor~mal full time weekly hours as of
July 1, 1933, are reduced by 20%/ or less shall have his or her full
time weekly earnings as of July 1, 1933, reduced. No employee
whose full time w~Feekly hours as of July 1, 1933, are reduced more
than 20%r shall have his or her full time weekly earnings redluced
by more than `10%o; provided, however, that this section shall not
apply to any employee whose normal full time weekly earnings were
more than $35i.00 per week prior to July 1, 1933, and whose normaln
full t~ime w-eekly earnings w~ere not. reduced to less than $35.00 per
week between July 1, 1933, and the effective date of this Code,
inclusive.






416


SEcson, 5. No employee shall be. dismissed byT reason of making a
complaint or giving evidence. with respect to a violations of this Code.
SEC.TION j. ~NO emp~Iloer1 shall knowing~ly permit any employee to
work for any t~ime which when totaled with that already performredl
for another employer!e or emllployers exieed~s the maximuml permitted
herein.
SEC"TroN 7. Employees shall have the right to organize and UnrI-
gain collectively through repl~.resentative of their own choosing, andl
shrall be free from the interlfer~ence, restrainlt! or coercion of empyloy-
ers of labor, or their agents, in the resignation of sulch representa-
tives, or in self oprganization or in other c~oncer~tedl activities for thle
llpurpo e of collective bargaining or other multual aid or protection.
No employee and. no one seekiing employment shall be required as a
condition of employment to join any compal~ny union or to refrain
from joinmng, orgamizmg, or assistmng a labor or~ganizationl of his
ow7n, choosing. Employers shall comply with the maximumn hours
o~f labor, minimum rates of pay, an~d other conditions of employ-
melnt approved or prescribedl by the ~Presidenlt.
SECTION 8. No person under sixteen. (16) year~s of age shall be emn-
ploy~ed in the Industry, and no person under 18 years of age shall
be employed in the: use of powcer-driven loading or unloading equip-
ment or power or horse-drawn vehicles. In any State an emlploy-er
shall be deemned to have complied with this provision as to age if hie
shall have on file a certificate or permit duly signed by the Author~ity
in such State emploweredc to issue age cer~tificantes or permits, shoing
that the employee is of the! required age.
S4EcnosO 9. Each employer shall post and keep posted in ten point
type or larger, the full Labor Pro~visions of this Code and the namne
a~nd address of the nearest place where Code violations may be
reportedly.
StECTION 10. Every employer shall make r~easolnable prvsofr
the safety andl h7ealtl of his emnployaees at the place anddrn h
hours of their employmllent.
Stel~CTo N 11. NJo pr'oviSion in this Code shall super~sede any State ore
Fedleral la~w wrhichi imposes on empl~loyers more str~ingent r~equ~ire-
ruents as to age of employees, wages: hours of work, or as to safety,
health, sanitarly or grenleral w.orking conditions, or ins~uranlcee gr fir~e
pro'tecitioni, thian are imposed by this Code.
ARTICLE V--31.-\RKET.ING
SEC'TION 1. Eve1'' lry emer of the Indulstr~y shall so conduct his
bus~iness. as to avo~id dis;clirinanation again-t. anly class or group of cus-
inllters.L by unfair or dtispropor~tiona~te allCCloonionl of hlis total costs, andC
no Iinernber shall se1 ll ay coal at a price~ less than any then.current
market prile of that grade and qua;lity of coal as established d under
thle provisions of a ny Codtes of ~Fiair icom lpet it olo for prodlucers of
coa;l approv'\e'l by3 thet PrIesident or the Admlinisl~trato in thle market
where~.( (Ithe deliv.ery\ is to be madle orI in the nearets~t market to the place
where the! delivery~ is to be made~r.
rC'ECTIOx 2;. Watel(r bornell coal re-lispped~ ov.er railway operated or'
pubic docks 1hall not be .coldl at less tha~n the established Codle Mline
price plus all trunl-lporttation chan,rges~ docrk handlinlg charges, ilsur-
piiwe ;lral a fair allowances for shlrinlkagc..






417


SEcTrow 8. In order to fairly compete wFiith sales mnade direct boy
producers of coal,
(a) As to all producers wF~ho are not bound to the contrary by a
Code of Fair Competition on thle effective date of this Code, members
of the Industry shall be entitled to a reasonable compensation on the
business handled by them, in the form of commissions, or differentials
between: their purchase price and the then current market price under
he provisions of any C~odes of Fair Competition for producers of
coal approved by the President or thne Administrator, the amount of
suh compensation shall be measured by the nature of the- distribution
as well as by the conditions mn each consuming district, and such
amount is to be established by agreement between the parties.
(b) .As to all other producers, mn case a fair compensation for
members of the Industry, in the opinion of th-e Code Authority, is
unobtainable by virtue of any provision of a Code of Fair Competi-
tion for any related ind-ustryT, upon determination there~tof by the
Code AQuthority for this industry, the interpretation and application
of such Code provisions mnay be settled as provided for in Sjection 9
of Article III of this Code.
SECTION 4. The members of the Industry, in buying an~d selling
coal, shall specify the grade and size ordered, and shall require, as a
condition of sale and purchase that this information be shown on
the invoice, manifest and billing.
SECTION 5. Freight on all-rail shipments shall not be prepaid by a
member of the Indbustry except to prepay points published in railway
tariffs. But, when bids are asked for at a delivered price, whlethler
b;y public advertisement or otherwise and -when. the terms and condi-
tions are not secret but known to all desiring to bid, then the sue-
cessfulF bidder? may payo all t~ransportast~ion c~ha~rrges makling up the
deliveredl price.
SIECTrIow 6. The Code ~Authority or any Regional Code Authority
shall prescribe fair terms of sale.
SECTION 7. Nothing in this Article shall prevent any member of
the Industry from creating special prices for overseas expor~ts.
ARTICLE TI--UNIFAIR PRACTICES
1Each and every one of the following practices shall be an unfair
competitive practice anld a violations of this Code:
SECTION 1. The prepa~ymert ~of freight charges with intent or with
the effect bof granting discriminatory credit allowaances.
SECTION 2. The giving in any form of adjustments, allowances, un-
earned discounts, credits, or Prfu~nds to purchasers or sellers of coal,
for the purpose or with the effect of altering retronetivelly a price
previously agreed upon in such a, manner as to create price discrimn-
ination.
SECTIN 3. The payment or allowance of rebates, refunds, credits,
or unearned discounts, whether in the form of money, or otherwise,
or the extendfing of services or privileges nrot paid, allowed or ex-
tend-ed to all purchasers under like cond-itio-ns.
SECTION 4. The predating or post~datingf of any invo~ice or contract
for the :purchase or sale of coal except to conform to a bona fide
agreement for purchwse Or sale entered into on the predate.






418


SIECTION; 5. Thle i nten tional mi represent ation of analyses or sizes,
or the intentional making, cnusing or permitting to be made, or pub-
lishing of any false, untrue, mliseading or deceptive statement by
way of advertisement, invoices, or otherwise, concerning the size,
quantity, char~acter, nature, pr~epar'ationl or origin. of any coal bought
or sold.
SECTION 6. MO member of the Industry shall give, permit to be
givien, or directly offer to give, anything of value for the purpose of
InfluenCIing~ or re~cwa.rding the nletion of any employee, agent or repre-
sentative of another in relation to the business of the employer of
such employll~ee the principal of such agent or the represented party,
without the kznow~ledge of such employer, principal or party. This
provision shall not be const rnled to prohibit free and general distribu-
tion of articles commo~~lrnly ulsed~ for advertisim;r ecpt~.~l so far as such
artvicles~ are actually n ~ed for commrlercial bribery as hereinabove
decfin ed.
SECTION 7. The malkinlg of, or Caus8ing or permitting to be made,
any false or deceptive statements, eit~her written or oral, of or conr-
cer~ning the business policy of a competitor, his produce, selling price,
or financial, business or persornal standing.
SECTION 8. The publishing of adert~isingr whetherr printed, radio,
display or of any orther~ nature) which fails to give correct name and
address and which is misleading or inaccurate in anyg material par-
ticular (including the imitation of trade marks, trade :names, sloganls,
or other markrs of identification) or the. misrepnrese~t~ing of credit
terms, values, policies, services, or the nature or forml of the business
conducted.
SECTION 9. Inducing or attempting to induce bly anyT means or
device whatsoever, a breach of contract between a competitor and his
crUSI ollief.
SECTION 10. Th`]e sale or offering for sale of coal of a certain kind
or size at a price appropriate for such coal with the secret under-
standling that coal of other quality, size or preparation, listed at or
generally commanding a different price, will be delivered; or delivery
of coal of a quality different from that agreed to be delivered upon
a sale.
SCECTIlON 11. The withholding from a customer of a water allow-
ance grantedl by the producer in necordance with, the provisions of
the railr~oad tariff or the making of a water allowance to a customers
other thlan that granted by a producer in, accor~dance with the rail-
roalcd tarif.,
SEcrloS 12. The splitting or dividing~ of discounts, commissions,
or allowRnc-es, or their use! in any manner, thrlough~ sham or indi-
rectioni for the purpose of1 making discounts, allowances, rebates, or
pr~ic~es other than those pr~ovided~ in this Code, to any industrial
conlsumler or to any r~etailer or to others. N~othting in the foregaoing
disallowrs the dividlingr of a comnpensa;tion betwFseen Wholesalers.

AIRTIICLE VCT[ISI-EXPSES
R,:crms 1. Th~le exeslcse of amnl~lillter~ing this Cfode byr thle Codle
Anthol~rity Shall bhe borneI by' memberhlS of thie Indu~stry accepting the
benef~its of this Codle, each'J1paying a ~r'opor'tionate share, comlputed






419


on a tonnage basis or such other bases as the Code Authority may
determine subject to the disapproval of the Administrator. All
reasonable costs as approved byteCode Authority, incurred in
ini;tiating, submitting and securing the approval of this Code may
also be assessed against members of the Industry receiving the
benefits thereof.
SECTION 2. The.costs of administering this Code by the Rtegional
Code Authority shall be borne by members of the Industry within
the region accepting the benefits of this Code, each paying his pro-
portionate share as assessed byr the ]Regional Code Authority, com-
puted on a tonnage basis, with the approval of the Code Authority.
ARTICLE VIII MomrwarrTows
SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in, accordance with the
provisions of subsection (b) of Section 10 of the Act, from timne to
time to cancel or modify anyT order, approval, license, rule, or
regulation issued under TIitle I of said Act and specifically, but
without, limitations, to the right of the President to cancel or modify
his approval of this Code, or any conditions imposed by him upon.
his approval thereof.
S;ECTIO)N 2. Such of the provisions of this Code as are not
reqire tobe ncldedtheeinbythe Act may, with the approval
of thliei~ Admbinistrator th~em amed as provided in Section 3 hereof
in, such -manner as mayr be indiented b~y the needsl of the public, by
changes in circumstance, or by experience; all the provisions of this
Code unless so modified or eliminated, shall remain in effect until
June 16, 1935.
SECTION 3. Anl amendment may be proposed by any interested
party either to the Code Auithority or dtilretly by or to the Adminis-
trator. All proposed amecndmentst shall be referred to thne Code
Authority, whoe shall give memlcbers of the Industry, an opportunity
to be heard thereon, and thereafter thre Code AtSuthority maymk
such recolmmendaition~ thereon as is deemed proper, provided, how-
ever, that when approved by the Administrator as necessary to
effectu~nte the policies of the Act, after such notice and hearing as
he ma~y prescribe, any proposed amendment shall thereupon become
effective as a part of this Code.
ARTICLE IXI-M1/ONOPOLIES

No provision of this Code shall be so applied as to permit
monopoies or monopolistic practices, or to eliminate, oppress, or
discriminated against small enterprises.
ARTICLE X-EF`ECTIVE DATE
-This Code shall become effective 10 days after its approval by
the Administrator.
;Approred Code No. 314.
Regist ry .No. 701-32.
















SCHEDCLEl A

On approval of the Code the Secretary of the American wCholesa~le Coal
Association shall send to every known Whole~saler in the Unlited States a
form substantially as follows, anno~unrcing a reasonable date by or before
which the ballots moust be returned. He shall tabulate thRe ballots received and
announce the names of the seven parties rececivingr thle hi~ghst number of
votes, who will become members of the Code Authority, upon appr~oval by the
Administrator.
LETTER OF ASSENT AND BABLLOT

( Dat e) -- --- -------.. ------
Sawal.1~.RY, ~AME1RICANr~ WHOLESALE COAL AssoCl~T noIV ,
943 Oliver Burildling, Pilttsburh. Pa.
SmR: We hereby assenrt to the Code of Fatir Competition for the Wholesale
Coal Industry as approved by the Aminlislitraltor.
Our total tonnage from January 1, 1933, to December 31, 1933, wcras ...-,~
tons.
Please record our vote for members of the Code Authority as follows:






Sincere~ly yours,

(sname! of Company)

(Name of Offcer)

(Title)
(420)



















































































4




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