Code of fair competition for the retail solid fuel industry as approved on February 14, 1934 by President Roosevelt

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Material Information

Title:
Code of fair competition for the retail solid fuel industry as approved on February 14, 1934 by President Roosevelt
Portion of title:
Retail solid fuel industry
Physical Description:
p. 469-485 : ; 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:
Fuel 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. 701-11."
General Note:
"Approved Code No. 280."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004942880
oclc - 63654852
System ID:
AA00006711:00001

Full Text

For sale by thle Superintendent of Documents, Washington, D.C. - Price 5 cents


Approved Code No. 280


Registry No. 701--11


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION
FOR THE

RETAIL SOLID FUEL

INDUSTRY


AS APPROVED ON FEBRUARY 14t, 1934
BY
PRESIDENT ROOSEVELT


WE OOU PART


(r. paOTO


1. Executive Order
2. Letter of Transmittal
3. Code





UNITED STATES
GOVERNMENT PRINTING OFFICE
W'ASHINGTON: 19341

























This publication is for salle b~y the Supecrinltendent of Doc~irments, Government
Printing O~ffice, W~alhideton,, D.C., andc by dlistrict offices of the B~urealu of
Foreign and Domestic Commtneree
DISTRICT OFFICES OF rtiE DEPARTMENT OF COMMERCE

Atlanlta, Ga.: 504 Post Office Building.

Boston, Mn;4* .; 1801 C~ustomhouse.
Buffailo, N.Y.: Chamber of Comnmere Bulildling_.
Charlestoni, S.C.: Chamber of Commerce B~uildting.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
D~allas, T~ex.: (O'11lullubel of Commerce Building.
Detroit, Jlilsh : h111 First Nratiounl Bannk Bu;ildling.
Houdon,,l's. Te .: Clinrber of Com~tmere Bu2ildlingr.
Indiainapo~lis, Indl.: Chamlber of Comumerce B3uildling.
Jackisonville, Fla.: Clhamber of CommLerce Building.
Kansas City, M~o.: 1028 Baltimore Aven~ue.
Los Anglelo--. Calif.: 1163 South BDroadv'ay.
Louisville, K~y. : 408 F'cderanl Cuibtlin:.
Mlemphis, Tenu, : 229 Fedellral Buildinr.
lliinneapoli.-, Milln~.: 213 Fiederal Build~ing.
New Orleans, La.: Room 225-A, Cus~tudious11:e.
New York-, N.Y.: 734 Custombouse.
Norf-olk, Va.: 406 Eac1t Plumze Street.
Philsh-IhinPa. 422d 'snunrcia Trn1 Bibling~.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215j New Post Offtice Biuilding.
St. L~ouis, MoI-.: 506G Oliv~e Street.
San Fra~nelsco.ic Callif.: 310 Custarinhouse.tl
Seattle, Washl.: 500 Federal Office Buildingr.












Approved Code No. 280


CODE OF ]FAIR COMPETITION
FOR THIE

RETAIL SOLID FUEIL INDUSTRY

As Approved on February 14, 1934


EXECUTIVE ORDER

CODE OF FAIR COM PETITION IFOR THE RETIL SOLD 77UEL INDUSTRY
An appilicationl having been duly mnade, pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recov-ery Act, approved June 16, 1933, for my approva\l of a Code
of Fair Competitionl for the Retail Solida Fuel Industry, and hear-
inlg havinga been held thereon and the Admlrinistrantor havingf ren-
dered~r his report containing an analysis of the ssaidl Code of Fair
CompZetition together with his reconunenda~clcl;tions and firings~ with
respect there~to, and the Aidministrator having found that the said
Code of Fair Comnpetition complies in all reeplects with the pertinent
provisions of Ttle I of said Act and that the requirements o-f
Claurses (1) and (2) of Sulbccction (a) of Section 3 of the said Act
have been mIlet :
N-OWV, THEREFORE, I, Franklin D. Roosevelt, P1cirlcidnt of the
United~ States, puro1uan~t to the authority wrestled~ in me by Title! I
of the National I~ndustry Recovery Aict, approved June 16, 1933, and
otherwise, do approve the report andl recomm~endation~rs and adopt
the! findings of the Ac~dministra~torl and do order that the said Code
of Fair Comnpetit~ion be andi it is hereby approved, sub.ject to the
following condition:
Within 120 days after the effective date of this Cod~e the A~dminis-
trator shall make a report to the Pre-id~entl showing the effect of the
Code, and -particularly: the effect of the pr~ovisionsl of Article V
thereof, during the period of 90 days following its effective late, in
such detail as to permit the President to determine within said 1120
dlays whether, in. order to effectuate the policy of the Act, anly of
th~e provisions of the Code should be modified or elimninatedc. The
Code is approved with the specific reservation of the power1 of the
President to make suchl a determination and to modify this approv-,~al
in ne~ordanlce therewith.
FRAI~NKLI[N D. ROOS]EVELT.
Approval recolnunended :
HUTGH S. JoINSON,
A dmi niiiis tratr or.
T.7CHIE HITIE HOUSE,
FPebru~ary 14, 1934.


402 73 -- 37 6- 73---34


(46g)













LETTER OF TRANSM/IITTAL


The PRESIDENT,
The Whi1~tc! House.
SmR: The proposed:'~C Code of Fazir Completitionl for the Retail Solid
Fiuel Ilndustry wasi submitted to the Admlinistrlator on July 26, 1938,
by the Na~tional; Reta~il Coal Mer1chants A~ssciat~ion.. Tlhe Public
H~earing wijas conducted. in WT~ashington,i D.C., on Novrlmberl 1_3 and1
14, 1933. The Codle wras revised asndX a Reconvenedi~~ Public Hearin~g
was held on D~ecember~! 15, 101,33. It was furtherC'1 rev\.~ile and1 is
submittedl in its present formn for approval. Every petrlonr who
reques~ted an appearrane was proper~clly heard in accrda-~ll nce wit~h
statuitory3 and regllnulatoy r~equiierrements.
WAGE ANSD HOURr PRO\ISIONS

Nomadtr Hfoure.-F]ior clerical emp~loyees--Eighlt (8) hours per day,
forty~-twuo (42) hours per weeki for eight (8) monthi~~- an-d thirtyy-sis
(36) hours per weekr for the remaining four (4) monlths of the year.
For emlplo3yeers eng~agedl dcirect~ly in 1.connlction w;ithl urnload~ingr stor-
aget' and delivery servie-~Eigrht (8) htourls per dlay, forlt.\-eighlt (48)
hours per w-eek duiring right, (8) months and fortyt (40u) hou~~rs per
wTeek~ for the remnainingr four (4) mnonths~ of th-e year. Exc~eptlcns
include exrecuztive andt supervisory employees recceiving not less thakn
cer~ltain specifieid salaries, branch yrard managller's inl townslc of le~Ss than
15,000 population, nval~chJllinn and outside nale.-nion.
.I(;rln (,ino Wagej/~.co-HourTly rates varly froml~ a low of twenclty-five
(25) cetslt~ per hour in the south to a hiighi of fifty (50) cents per hour
in certainly metrllopolitan tradel areas in the no~rth. The wcckly wcnge
of any- C1'(leIca or offce employees shall` not be less than forty times
the houriv'1? rate provTidlld' for in any locatlity andc in no casec less thann
$14 per weekcl. Part-timle cnlployeesl of tilis cha1;1rc-ter~ shanll n~ot be
pa iil less thran thir~ty-five (35) cent!ls ype hour.
Octrtineell? Penailtyf.-P I rovisIonl is made~1~ for payment' l at the ratce of
time and !Ine-hallf for anyl\ hours workedcl~ in excess of the nol~llrml daylp
or week.
Age/( Limrit.-The emp1,,!lloyment, of anyT per.-on- underc'l sixteen (16)
year11s of ager is prohibited, and1 further, thle empljloymentllt of anry per-
son under~I1 e'ightteenr (18) year~1.5 of agre in the urse of power..l-drli venI loand-
ing~ or unland~~ing equipment' or post-or' or' horse drawn~.1 vehlej~ts is
prohibited'.
E'lstimatedr~ Efiect.-In 1:,33: pr~ior to the Pre- dn' 's Rt~llle i loymeltnt
Agreemellc'lfnt approxSimal~tlly 31i,000 wage C eaiirner, wereI ('mployed'r1 i
thle Rctail Yoid\ Fui"Iel Industry I-;- compall~red~ withi approx'imtlyltl

<-mplof~yees to th lateI.1ralls ofE thi-. Tnlllu-ryt t\ i ner.-':l-ing~ ('nild"PRO*1(

C ran)







471.


ment level It is estimlatedl that payrSolls will increase- 200'. In. this
connection consideration must be given to the high labor cost in the
production and distribution of solid fuels as compared with its chief
competitors, liquid and gaseous fuels.
MARKETING PROVISIONS
The. C7f node rovide for conntin uouns post~ing of service. ch~larges
prices, terms and conditions of sale, as well as classification of cus-
tomers, by all members of the Industry. Such sched~rule~s shall be
inunediately filed with the Divisional Code Aiuthnority. A. report of
all sales showing quantities a~nd prices shall also be filed immlle-
diately with the Divisional Code Aulthor~ity.
Further pr1ovision is made that the National Code Authority
ma~y notify the Divisional Code Authorities that it is their opinion
thatan merency exists within the I~ndustry arising fromt de-
struct ive p~ric cutn to such an extent as to e~ltndager the effectua-
tion of the puill~-rpoes of thie Code or of thle A~ct. It shall then be
the duty of each Divisional Code Aulthor~ity after due notice and
full hearing to determine if such an emelcrge~ncy3 does exist within
one or Iuore of its local trade areas. Wh`~len such an emer~lgnccy is
found to exist the hearing will be op~enedl for present~ltation1 of all
matters pertaining to reasoj~nable co-rts illZ those ar~eas. From. the
facts presented and all other available data, the Divisional Code
iAuthlority will then dietermline for those areas the lowest costs of
their several products and services reasonably compatible iwithl the
malintelnance of rates; of pay, hours of labor, fair comnpetitionl andi
other purp~lozes of this Code and of the Act. Such costs will include
all items of actual cost but w-ill excludle any itemns of profit or r'eturn'l
on invested capital.
All such cleterm~lilnatc io of reasonablell l- costs are: subject to the
approval or disapproval of t~he Adm~tinistration, m-Lember onl each
Divisional Code Auth~ority and also subject to the right of the
Administrator or National Cotde Authority upon review to approve,
disalpprove or modify.
Further provision is made that it is a violation of this Code to
sell beclow~ such lowest~~ co.~ts as determinedl above and approved.


Thle Retail Solid Fuel Indlustry sold approximately 125,000,0100
tons of solid fuel in 1933 valued at approximately $1,073,0100,000.
This repr~esents a decline of 28//: below the corresp~lonldingr sales
of 1926. The reduction in tonnage and values since 1926 is diue to
severe competition with oil and gas as well as to the general bu~siness
depression. This severe competition makes any appl~reia~le, increase~
in thre price of coanl prohnlibitive. The Code as Illproposed withn its
balannce~s andl checks is fair to the consumers, to labor and to the
FINDIN(;S
The Deputy Adm!inistra~tor in his final report to mne on -:aid Code
having foundlc as herleinl set forth and on the bas1is of all the procl~eed-
ings mn tlus matter,







472


I find tha~t:
(a) Said Code is well designed to p~romlote the policies anid pur-
poses of Title I of thie NIational IndustrialZ Recovery Act, including
r~emovasl of obstructions to the free flow of interstate and foreign
commerce which tenid to diminish the amlloun-t, thereof and will
provide for the ge~neral welfare by 1>1romlotingb the orga~nizationl of
inucsltr~y for thne purpose of cooperative action amnong the trade
groups, by inducing; and mnintainingr unitedl action ofD labor and
managemelrnt under ndequlate governmental sanctions anrd super-
vision, by climrinating unfair competitive practices, byT promot~ing
the fullest p~ossible utilization of the presecnt productive enpacity odf
industries, by avoiding undue restriction of production (except as
may be temporarily required), by inlcr~eaing the colnsumptit~on of
indudrctrial andC agricultural prodlc~ts through incr1easing purllchasin g
power, by reduclliing and relieving unemploymennt, by im~proving
st andar Ids of labor, and by otherwise Irehabilitating induslrt~y.
(b) The Code! as approvedl com-plies in all respe~lcts with the p~er-
tinent provisions of said Title of said iAct, including without limni-
tation SubsejCIctionl (a) of.Section 3, Subsection (a) of Section 7, and
Subsection (b) of Sectioln 10 therc~f ; and that the apprlien:nt associa-
tion is anl industrial associate ioni truly reprew--r ntatti vec of theo afo-resa7id
Industry3; and that said association imprlosis no inequ~itable restric-
tions on a-dm~ission to memberships th~erein.
(c) The C~ode is not des-igned~ to and will not permit mnclop~olies
or monoplistic practices.
(d) he ode is not decsignedi to and will not eliminate or oppr'ess
small eniterpr,1ises and will not, operated to diicr~limlinatei against th~em.
(e) Thnose elbngaged in orth~r 'teps' of the econom~Hic pr~ocess, have not
been deprived of the right to be! heard prior to app~lroval1 of said
Code.
It is reconunonded,~lt~ therefore, that this Code be app~~i\rove.
Resplcct fully,
Hoonr S. JonxISCI,

FEBniRARY 10, 11934.














CODE OFi F'AIR CO~MPEI~TITONJ FEOR, TH-E RETAIL SOLID
FUEL; INDUSTRY

ARTICLE 1-URPOSES

To effecituate the policies of Title I of the National Industrial-
]Recovery Act, the following provisions are established as a Code of
1Fair Comnpetition for the Rietail Solid Fuel Industry, and shall be
binding on all thne Inem~bers~ thereof.
ARTICLE II--DEFINITIONS

SECTION 1. Solid fuel shall mean any anthracite, semi-anthra-
cite, bitumninous, semi-bituminollus; or lignite coal, briquettes, boulets,
coke, gas-house coke, petroleum coke, petroleum carbon or any other
manufactured or .patented fuel not sold by liquid or metered meats-
ure, and woodl or wood-fuel products except charcoal.
SECTION 2. Retatiling shall mean the selling or selling and
delivering of solid fuel in other than railroad cars or cargo vessels,
subject, howFPever, to the provisions of ~Article III, Section 13, of
this Code.
SEenowN 3. W~holesaling shall mean the selling or selling andl
delivering of solid fuel in railroad cars or cargo vessels, subject,
however, to the provisions of Article III,- Section 13, of this Cod"~e.
SECTIOCN 4. Retail Solid Fuel In7dustry" "or Industry shall
maean th~e retailingY of solid fuel.
SECTION 5. "L President," "Act and "Admlinistrator shall melan
respectively the 1President of the United States, the National Indus-
trial Re~overy Act, and the Administrator und1~er Title I of said Act.
SECTION 6. "L Em~ployee shall mean anyone engaged in. the Retail
Solid Fuel Indus11try3 in any capacity receiving compensation for his
services, ir respec ive of the nature or method of such compensation.
S~EC.TOx 7. Empl~oyer ": sh~all m1eanI anyone by whom any such~
em loyee is compensated or employed.
OLlECTION 8. "L Population," for the purpose of this Code, shall be
determined by reference to the latest Federal Census.
SECTION 9. L"Mem~ber of the Industry shall include all those
enaged in the, industry, as an employer or on his owm~n behalf.
SEeno~T N 10. "( Blend l" shall mean~l a mixture of two or more kinds
of solid fuels, sold by name or dlesignaltion, the constituents and
proportions of each and the name or designation having been duly
regfiistered with the Divisionlal Code Authority.
SECTION 11. For the purpose of facilitating the administration of
thlis Code, mlemb~ers of the Retail Solid Fuel Industry shall be
dlescr~ibedl as:
(a) An equl~ippedl retailer shall mean a person regularly engaged
in the Retail Solid Fuel In dust r y who maintains properly equipped
un~loading, storage, and service facilities reasonably commllensuratet
(473)







474


with the nltulrel of the bu-lc~ine~. equripp.edl wit~h and' usnigr ~agon or
truLckI scale of sufficient size and capacity and maintained in condit-
tionn neeura1;telyr to weighi t~he mlaximum gross load for whEich2 it is
ultilizedc, manintainingr an offl~it e ac.cesiblle to the public with a com-
petent person on duty and who carries a sulfficient., stocks of solid fuel
at all times for the purpose of rectailing and not for hris owrn con-
sumnption to supply the general r~equirementslt of the community;
providedt, how(:ever, that in anly rcta~il tradetl area; where't solid fuel
mnine... dcksc~, cokre or briquleffing~ plants, or wcholesazle yards are
lont7edl so as to insure a conitinuiou s . dependen~lt 1pon0 aInd using such fur~ilitiesr exclusively shall be includled
in this definition not withs.tandlling the fnet. that slc~h mlembl~er does
not maintain his ownl storage, lair-nc~g andi sc ale facilities prov-ided
his facilities conformn in every other vespc;lclt to the r~equir1'emenlts
above.
(b nI ~unequ~~ll~.ipe ret.ailerl shall. mean all otherI per!cr l cns engaged
in the Retail Solid Fu'el Inusryl nlt1? ot meelrt i n the'. I':crqireet IIlf of
an equipped !rotnriler.


Sn~:.r l nu 1 For' the purposes of administration of this CI-r71, the
follownino-; agnriici are herebcly estab~lishedc:
(a) AolPJationi Code Authority;
(b) Divicional Codec Auithorities.
BrnoxT!, 2. The N~atioanal Codie A~uthority shall con-1-(z of not less
than fivel nor more than seven vo~tingr memberl,~l-, Flive il(n lch members
shall be elecitced by the Boarld of D~il'rectors of the Naftrional Retail
Coa:l M1T~1erhants' AsscrriatIionl, subject to thle approvall' of thie Admnin-
istrator, and the AdminillStrLator, if he so elects, mlay alppoinlt not
mnore than two additional memberlcl~s of the incdustry! Icirepresenting~
other retalrilf-rs. The Admainistrator may also aplpoint o~ne non-
voting member of the! Natio-lnnI Codel Autlhority, whlo mlay niso s
wRith' anyV Divisional Clode Aulthority at the request of th~e Amn
trator. Thelr terml of office~ of vortingb members shall be for one yeart
or until their ;-u111s~(11 hall11 quailify. Any varam- nrnrin
amlongS su~chI11'11~'' m b rs as ar e~CIlece by theP Boarld of Dir(ectors o'()f
the NaT~ionn~l Rteta.il Coal Me~rchantll~ls' Asso~ciation sha~lll be flledc by
alppointment" for thle balance o~f In-h termn by- thec ExeCu.ltivet rcommlit-
tee of sucih assadai;-tion. Any va~cancy~ (i0-rring11'11 amonng the ap)-
po'intees of thc Admlinsl!;tlator shlnl be filledl by him.ti
SErnux~l 3. 'The,- National Code Aulthlorityr shlfl :Irllininisterl and(.
enforce thiis- Cjode. and~ run~iv rev\iew and mal~y ctisaipprove.' any1 rule,
rgI~c~lntion or findinglr of atny Divisiionl Code Autfhorjf. nit a lnd mak
wr~Iitte~n report of its 1oncl u s sonsrl to the Admli nIist IRator. TeNton
Code Author~ity hall1 havc p~ow~er to :Inclopt appropr''L''iate' rulles~ and1
1-Irl atilOls f 101' IIP iOs~il'PHI.* of its flllll'ficllo l~ ll Op o nr il llf s 01 1':\011-
SECTION 4. rfile Po:lt min Code.1 Aurthority shall : ak awireot

:1> rr len (T1 ii -fla tifrcc t J ci l \\tjILrlv 1I(1I'lu h f ll J. OF :1. Oflll ~ ~~ :It.1 ~ 10 M






475


other mla~ters pertinent to the p~urpos('es of this Code as the National
Code Authority may require.
.SECTION 5. In addition to information required to be submitted to
the National Code Autho~it~y, there shall be furlnished~` to government
agencies such statistical information as t-he AFdministrator may deem
nece~rssary for the purposes recited in Section 3 (a) of TPitle I of the
Act. Nothing in this Code shall relieve any member of the industry
of any existing obligation to furnish reports to government agencies.
SECTION 6. The Natiolnal Code Authorityr may conduct such inves-
tigations as are necessary to the discharge of its duties hereunder.
All information obLtained~ shall be confidential, and shall not in. any
case be disclosed in such a manner as to indicate the individual trans-
actions of anyone sub~jec~t to this Code; provided, however, that the
National Code Authority and the Admlinistrator, l shall have access to
such information for the purpose of administering this Code.
SECTION '7. The Na~tional Code Authority may directly, or through
duly authorized agents, hear and adjust complaints, consider pro-
posals for chalngec s and amndme~rl lnts to this Code, and make recom-
mendationss to the Administrator. When such authority has been
delegated by this Code or by the National Code Authority to an
agent, any of the parties at interest -hall have the right of appeal
to the Naltio-nall Code Authority or to the Administrator.
SECTION 8. The expense of administering this Code by the Na-
tional Code Authority shall b~e borne by those subject to this Code,
each Divisional Code Authorityr or Trade Conference or Trade As-
sociation playing' a proportionate share, computed on a tonnage basis
or such other bases as the National Code Authority may det~termlline
in accordance with regulations prescr-~ibed by t~he National Code
Authority subject to the disapp~roval of the Adimiistrator. All
reasonable costs, as approved by the National Code Authority n
curred~ in initiating, submitting, and scur11inlg the approvalofhi
Code, may be assessed aga il.- t members and associations within
the industry assentinlg thereto.
SECTION 9. The Retail Solid Fuel Industry shall be divided by
the National Code Authority into such Divisions as may be nerlCe-
sary to the proper administration and enforcement o-f this Code,
and any retail trade area of 500,000 population or more mnay be con-
stituted such a Division, if the majority of thre tonnaget of the
industry in such Division so elects.
SEC.TION 10. For each Division there shall. be established, as soon
as possible after the effective late hereof, a Divisional Code Au-
thority for tihe admri ni .tration of this Code wiithin such Division.
It shall be conlpri.-ed- of not less than three voting twinI! 1 ters, all but
one of whom shall be from the indus~tryl and that one may be from
within or without the industry as may be determined by each di-
vision; in addition to which the Administrator may appoint one
non-voting member. The term, of office of voting members of the
Divisional Code _Aurthority shall be for one year, or until their
successors shall qualify. They shall b~e selltc~ted by joint action of
all mem~nbers. i of the industry in the Division under such rules and
regulations as the National Code Atuthority may provide. A full
report of any action to create a Divisional Code Authority shall
40273 *--3'76-7 3-----34---2







476


be mad~te to thet Nationlal Code Au~thority andl shall be~connl e effective
uplonr a~pproval by it.
Per-rms 11. Each D~ivisiornal Code Aulthor~lity -1;ha ll nminis;ter th~i~s
Codle inl its Div-ision andX shall harve the duties and1( exercise the
power-.1' whichl are confe~1rre uponl it; by this Codfe or1 maly be dele-
ga~t(d by thle NJaticon]l Codet Author~ity? and sh-all havet aultt~hority
to, adopt appr~lopriat e rules and~ regu~.lations~l for the exwe~rir of its
funct ion s.
SECTIIONc 12. 1Eachr D~ivisional CodeC Authority shall appo.,cilt a
econunittee to mee'tt -withl a conunittee of the Cod~e Autlor'ity of a~ny
reclaltedt industry and wrhen so mlee~tinlg to noct as a Coo~rdination
B~oard~ inl thle d~eterminlatin of d~iil.putes over the juristliction of the
repcltiver Code Authorities. Each commllift~tee shall be equar~l in
numlb~r to the recspecctive conunitt~ee of the relalted~ indus~lt~ry appointed
to thle samle Coordination Bloard~. In. adr-itionl t~o the mlembllers
aIrppointed3 by thle D~ivisional Code Aulthortities, each. Coordc.inatio.n
Board shall hlave one Inember~~l appo) aulthorit v to vote in thle event of a tie.
SEC.l'T N 13. Anly bus~inol~ inlclued~ in the tltfinition- of '" whc-le-
saling in Article II, Section 3, of this Code. which has b~een by
onc~~l tum serv.ed by thle Re~ctail Solid- Fulel Indurstry in any trade area~,
shall be inc~~lluedl within. the definition of "re~ttaiingr", andc an
busines-s inchluded in the dfInlitionl of retailing in Article II,
S~cttion 2, of th~is Cofli, which has been~r by cusitomi servedc by. the
e whlolesale coal inantlry~l in. any tratde area, sha~ll be inc~lluded wlth~in
the definition of "( who~lesa:linlg' ". ny dispute ar~iiingS out of thesee
lo-ovenanlii aIir nd volving any retlatedl industry or minlstrljeie forl
whfilch aL Code~- of Fair Canplletitionl shall exsi t, shall b~ fo~rthwith
~reviewed~ and de~.tlelrmindcl by thle pr~ocedu~.rll e tabullished~ in the~ Ilat
reeigSection, provided that no such delt'fLrmnlinat ion shall pret-
\ent any retat~iler doing wholesale business, or thet converl\ce~.
Sw<:1wx~ 14. Where~ a, Tradce Confe~retncec or Trad~e Associationl do nlot exYiSt, .-In-h an o.Irgaizaition any~i be establlished~~ or mlaintainled
with~in any Diviuion by a volunltner asPsociation of member.,~~' of the
indlustry wi-thin~ any retai~ll tradet ar~en thertlein, as- neh'1 area may13
bet dfllinedf~ by thec D~ivisional Clod Aulthor~ity.
S.c.?roN 15._ The~ Nationall Codle Authority orI any Divisionli Codle
~Auth~or~ity shalll I~luvet powert to u~se anly tralle ;Ic-ne'-intfion.l trade~l con-
forencelt. o,~rgizatio~n or groupII1 in the indursti ry as it nl. propiter for~l
arl1rying~ oult any of its acttivit-ies p~roided o eei.poiddta
n~othingi herlein shall r~eieve the Natioinal Codtc Auth~c-r~ity or anF
Divisic nual Codel Authilority- fr"omi its duties or r~espon sib~ilities underC1

D~pilll/ltlol of:01)811 H\I tilllP"S 1hP SWil )]011 to) ;1lls1 (*0,1114)@~
\ itl bt1I b.- provisions o~f thiis C'o~ll.
SE~crtr s 10. EaI1 ichrtict mebe f thec iminstryl\ clhall nutike such'1 swrn~~l or

;lk o (011 118Is i i~i li lYt (n \\;1. 011 WIy< lulls Of 1nil)Of, I11111;1(:1#0r H~ i 11011
olther~i matters~ pel'flrtint to) thel purpo1)(se5 cf thliB (cnll as the Naionaclll


ticipa'tirie dlirc~ctly or indrilrct~ly int thI selcctionl or ne~ti\itices of the
lNatio~lt 'nni~ ;\ode Authorif lt v r iv.isional CodHe AuthorllityV shall ilan-






477


poset no inequitable restrictions on mlemlbership> and shall submilit to
the Adiminiistr~atorI, if required, true copies of its articles of ;1n-n ei n-
tion, by-laws-, regulla t ions, and anly unIendmen Ilrrt- wh~en made thler~eto,
togecthrl with such o~ther information as to memllbership, orgammia-
tion, and activities as is nleicean ry to effectuate the p~urposets of Title
1 of thle Act.
rSEC'TIO:N Is. Ill 0I1310 1 81 that16 NlutliolOR COde Authority and Divi-
sional Code Authorities shall at all times be truly re1presentativeivc o.f
the industry and in other respects comply with the provisionsl of
Title I o~f the Act, the Admiini tentorc~ mayJ prescribe such hear~ings
as he may dleerrn proper; and thereafter if he! shall find that thle
National Code Authority or any Divisional Code Authority is not
truly representative or does not in, other re pclic.ts comply with the
prrovisions of Title I of the Act, may require an appropriate m1od~i-
fientirnI in the method of selection of the Nat~ionlal Code Authlor~ity
or any Divisiojnal Code Authority.
SECTIOx 19. The expense of a~dmini teringl~, this CodeC by a Divi-
sional Code Authrority shall be borne b~y those subject to siuch Divi-
siolnal Code Authority, each paying his proportionate share, which
shall be compultedt on a tolrnnag basis or such1 other bases as t~he
Divisional Code Authority malY determine, in ncamec~dane wIith
regulations prescr~ibedl by the National Code Aiuthor~ity Ihljc.t to t~he
disapproval of the Administrator.
SECTION 20. Nothling con~ltalined inl this Code shall cons~titurte the
member~cls of the Natfiond~l Code Authority or anly Divisional~1 Codte
Authior~ity partners for anyT purpose. Nor shall any mlember of the
National Code Authority or of anly Divisional Code Authori~ty be
liable in any mann313er to anyone for any act of anly other members,
officer, agent. or employee of the Natijonal Code Authority or o~f anly
Divisionatl Code Authority; nor shall any member of the Na~tional)l
Code AL~uthority or of anly Divisional Code Authority, exercising
reasonable dilige~nce in the ~conducl(t of his duties hellreunderl be liable
to anyone~ for any action or omlissionl to act underl'l this Code, except
for his own willful mnisfeInanclle or non-fealsance.
CEC'TION~ 21. The Naltionalll Code Authority. shall1 have polive.' to
make recovilnune-nantlonls to the Administrator for the: coordli a t~ion of
the aldministratioon of this Code with such, other codes as may be re-
Inted to the Retail Solid Fuel Industry.
SECTION 22. Any nelctionl, rule or regulation. of the Natioonal Codet
Aulthor~ity, or of a Di'i~sionalrl Code Authority, Trad~e Conference or
Trade Association unlder the Code or Title I: of the Act shall be
subject to review anld disapproval by the Adminis~l~tratr. I[f the
Admninistraitor shall at any time determine that any action of a. code
authority or any agency thereof may be unfair or unjust or contrary
to the public interest, the Administrator may r~equir~e that such action
be siuspenlded to afford an opportunity for inv\est igationl of the! merits
of such no~tionl and further consideration by such. code authority or
age~nc~y spending final action which shnall not be effc~ctive unless the
Administrator app~ovles or unless he shall fail to disapp-rove after
thir'ty days' notice to him of intention to pro((ceed with such~ action
in it~s or~iginni or modified formn.







478


ARTICLE IV--EAABOR

SECTION 1. Employees shall have the right to organize and bargain
collectively through representattives of their own choosing, anld shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation. of such reprlesentatives or
in self-organization or in other cnc~lcerted activities for the purpose
of collective bargaining or other mutual aid or protection; no em~-
ployee and no one seeking employment shall be required as a, condi-
tion of employment to join any company union or to refrain -froml
jommig, orgamizmg, or assisting a labor organization of his own
choosing; and employers shall comply with the max~imumn hours of
labor, minimum rates of pay, and other conditions of employment,
approved or prescribed by the Pre~sidlent.
SECTIION 2. W\7ithin enchl State membl~lers of the indusry~~3 shall comn-
ply with any laws of such State imposing more str~ingent require-
ments regulating the age of employees, wages, hours of work, or
health, welfare, or general workiing condiitions, than are imlposedl by
this Code, but in no case shall any p~ersocn under the age of 18 years
be employed in the use of power-driven load(-ing or unloading eqluip-
ment or power or horse-drawn vehicles and provided fu~rtherl that
no person ulnder th~e age of 16 years shall be employed.
SIECTION 3. Employers shall not recllassi fy emlollyees so as to defeat,
the purpose of the ~Act.
SECTION 4. Except a~s hereinafter expressly stipulaltedl otherwise3--
(a) No employee engaged directly in connclllitio n withn unloading,a
storage and delivery service shall be permlittedl to work mor.,1e than 8
hours per day or 40 hours per week, from May 1 to Allugus 31,
inclusive, ~ ~ ~ ~ ~ --- or-- fo suc alent fu oth e ea smy esb
stituted therefore by any Divisional Code Authlority unless, during
this period, all hours w~orkied in excess of 8 hours per dlay or in excless
of 40 hours per wveek are paid for at the rate of time and onle half.
Fior the remai~ining 8 months of each year no emlploy~ee shlll be per-
mitted to work mlore? than 8 hours per day nor more thann 48 hours
per week~l unless time andl one half is paidi for ea;ch) hour in recess s of
8 hours per day or in excess of 48 hours per weekc~l.
(b) No clerical employees shall be permittedl to workl~l mlor~e than 8S
Ilours'~ per day or 36 hours per week for the period from~ MaIy 1 to
~August 31, ilc~lus~ive, or for such alternalt~e four-mlonlths' period per
iy nea s maty"~l be substituted thnere~for by any DIivisionalll Co~de Author11-
ity nles, d rin this period, all hours worked~c in icesi!s- of 8 hnurill'-
pe~r dlay or in exces~~ of 36 hours1' p~er wNeekr are paid for at the rate of
time and one half. Frtermiig8mnh fec ern
clerical employee .shall1 be permittedc to wc~ork; more than 8 hoursI'c per.
day or 4~2 hours p~er w7eek, unrlies time and. one half i-; paiid for eachl
SCre< nIox 5., The Ilrun I xhunt hnurs fll-ixedC in the fo regocingetinhl
n~ot apply to---

$3'.-1 per unek'' in any city of 100),000 popuaino oeadisrti
too aen;no las han#: pe wekinl any cityT, tow,\1 Or pinlee
of le~-- thian 100,000) and, its reitail tradel~ area';. wh.~ichl rate1 sh~all also
prevail wiithout populationl limiitaitio~n in Ken~itnek~y, V'irginia. W~est








479

V~irgrinia and that portion of T'ennessee~ lying to the east of th~e east-
ern boundrlly of the rcounlties of Harldin, Decatur, Benton and
Henry; not less thlan $253 p~er weekr in. Alabatma, North Carolina,
South Carolina, FEilor~ian, G~eorgia, Louisiana, M~ississippil Arkransas,
Teass and thatl portion of T'ennessee lying to thne wvest of the eastr~n
bou~ndary of the counties of Hardin, D~ecatur, BIenkton andl Henry.
(b) ]Branchl yard manag~lrers in towns of less than 15,000 popula-
tionl, which towns are not part of a larger retail trade area, each
brannchT yard to be restrictedl to one bra~nch~ yard' manager.
()Waatchmen.
()Outside salesmen, provided that employees, engaged in un-
loadling. 10adiing, storange or delivery selrace shall not be classified
as outside sal~lesmen.
SreTI no 6f. Subject to the exceptions noted in Sections 10 a~nl ~11
of this Article, no employee shanll be paid less thian the following
hlourlyJ Inrts: of wageso, whletherl such waiges are~ clalcullated uponl a
t imle piece-w-orkl, commulission, or other basis:
District I-NIew Enlanll d Stat~es:
IBoston retail trade area_______------------- 50 cents
Outside Boston retail trade area____------------ 40 cents
District II-New York~:
New 1Yor~k City retail trade area__-_-_---_------ 50 cents
Outside ?fenr York City retail trade1~ area____-___-- 40 cents
District III---tiew Jersey 40-_------------------ -1 cents
1Delarvare: P~ilmir lionr retail trade area___--_- ;:.5 cents
Delawvare: lienainder of State----------- 130 cents
M~aryland : Baltimore retail trade area-------- 35 cents
Mazryland: Remainder of State_________--- 30 cents
District of Colundbia-__------------ 40 cents
Eastern Pennsylvania Cities of over 5~~~~l:~ and their
retail t~rade area __________-_-____ 45 ents
Remainder of Ea~tstern Ptennl\l-i~ __ ._ivania__ 40 cents
]District IV--- Alabama ________,___--_____--- "n cents
North Ca~rolitu_,__._________ 25i cents
Southz Carolinla---- ____-__-___ 25 cents
Georg-ia .__________-________ 25 cents
Fl'oridaf 25___________________ ~ cents
MIissi~mipp~ ________--___________ 2-" eents
Locuisiana _______,____________ 25 cents
Tennessee ( 0 ternll!: as de ~nedl in Sec. 5a)______ 25 cents
Tennessee easternr, as doc~ir 0. in Sec. 5a)_______ 30 cents
Ken~ltuck~y ____-______________ 30 cents
Virginia____-__---____,_ 30 cents
West Virginia________________ ,30 cents
:District V-- Ch(jiicag( retail trade area-__-_-_______,_ 50 cents
Other cities over 500r',000r: poplallltionl and tl~iretail
trade area in the following states__________ 40 cents
RemaPinder. of the follow\\ine states:
Illinois_- _____________ 35 cents
Indiana_________________ 35 cents
Mich~iganll, _____,______ 35 cents
Ohio ________________,____35 cents
Wisconsin________________ 35 cents
Pennsylvania (western Ilart) ------------ 40 cents
District VI--- N~rnlth Dakota ____________________ 85 cents
South Dakota~ ____,_,_________~__ 85 cents
Ka3nsas _-_________________ ___ 35 cents
Iowa___________________ 357 cents
MI~nnesota__________,____ __ e. ents
ni~ssouri ____, ________________ 35 cents
Nebrask~a __, ____________ 35 cents
Arkansas ________,,,______ 25r cents








480


Distrlet VI-- Texzas __ ---,-,---- --- 25 cents
Cities over 100,000 population, including retail trade
ar~ea, in. Okltahoma ----.....,,,,,,,,_, 35 cent
Remainder of O~klahoma-,-___-------, 30 cents
District `VII-Abrizona ---_--- ______,-,____,35 cents
California,_______,____,, 40 cents
Nevada ----,-----,,---,-----35 cents
Colorado -,_, ___,_,___,_____-_ 35 cents
Idaho____, __,_____-,___ 35 cents
Mlontana 35_, ______,______-_,, SIjcetlf
New M4exico-----_-----,---- 35 ecnts
Oregon_______________--_ 40 cents
U~tah ----------- --- 8_____,__, 5 cents
W~ashington ,____________-__--- ...,, 40 cents
WCyoming__------_ ---- ..______, 35 cents
Provided, hownev-er, that in. any: territory where rates are over 30
cents, the wagTe scale set forth above shall not be required in towns
of less than 2,500 population which are not part of a larger retail
trade area, but inl no such, case shall the minimum ra~te be less than
30 cetslt an hour.
SECTION 7 (a) Except as hereinafter provided no hourly, daily
or weekly rates of pay shall be reduced belowr those, in effect onl July
1, 1933.
(b) Except as to clerical or office eniplloyees-~-No emlploySee wh-ose
full timne week~lyl hours as of July 1, 1933 are redulc~ed- by 20'; or less,
shall have his full time weekc~lly earmngns as of Julyr 1, 19r33 :reducedl.
No employee whose full time weekly hours as of July 1, 19133, are
redurcedr by more than 20%/ shall have his full time wc~eekly earnings
las of July 1, 1933 Idredcedl by more than~ onel half of the p~ercentage
re~clal~tio-n in hours in excslst~ of 20%.
(c) Thne foregoing provisions of this section shall noc-t apply to
emln'oyees; engaged~ directly in connection with onload,~~ing. storage
and delivery service in. the Chtienglco trader area. In the Chicag-o
trade area the hourly raters of pay of those e~ngaged~ directly in con-
nection with unloading, storage and delivery service ini effect onl
Jul1y 1, 1933, shall not bde redur~ced.
~ECDTON 8. T~he weekly wage? of any clerical or clflice empllloyree
shalfl not be less thanl that provided by~ 40 timesc the hourly~ rate in
Sec~tion~ 6 for the areaz specified, regardle s~ of whelthrc~ the w-eek;
worked~cl~ is on a bas14is of 36 hours or 42 hours~ as provridedt in Scct~ionl
4 (b), but in no case less than $14 per weeki. Part timei cle~rical or'
office emp~loys al~ shall be pail1 not lo-> than the hourly ratef inl SeCtlon)
6i for the area -pec~cifiedl, but in. no (n~.e less thanl 3.( pefr hourl' for eChl`~
hour worked);1.
MIirr.lno 9. Where anly owneiir, prt1ner or stcilkho~llder per~lformsl anyl
of the functions of labor, ecslept; excutiv~i\ e work~l. he shll1 be(- hou~lnd
to chl-Cl.vec t-he maximlum hours1' providedcr in this Ahrt~icle.

about the pl crui-l. oftlt te onsumner Iiny be pa"ic on a tollnnae basnisi
in those tro;!le areas wh~rere an es.-tabllished~l chedue1~1 of tclnnagert grants

than the 1020! tolnlnage raite.- which shall be fiubjlct to ther appro~lval
of the D~ivisional Corle AuI~~l~thoit and the dii rtr.ad

repurclt. Sulch 1'L'! tonnagel~c rates within :to' days. a\fter the ffcltltive
c1ate( of th~is Ccle,~~







481


SECTION 11. Sulperannluatedl employe-es or those who are physically
incapable of performing maniual labor, aind office wTorklers with. less
than 6 months' previous offce experience shall be paid not less than
75% of the nulnunum wages prescrllibel in Section 6, prfovidedl that
the numlber of such employees at anly one time shall not exnceed 10%o
of the total number of yard, office and service em~ployees, pr~ovided~,
however, that anyS yard with less; than ten such emplo~yee~s may
employ tone such sulb-minirz mum emplloyee.
SECTION j12. The reeklylS wFages of any salesmann, regardless of
whether he be comp~ensated upon a commission or slalary basis or
both, shall not, unless~ spclPrfically appl~roved in writingr by thte Divi-
sional Code Authority, be les~-s than. 40 times the hourly rate pro-
videdl in Section 6 of this Article for the area specified.
SECTIONS 13. T'he use of contractors, sub-contractors, haulers,
trruc~kers~, or oth~ers to prerforml anly of the functions of this industry
is prohibited unless the employ3'ee of such contractors, sub-con-
tractors, haulers~, truckers or other employers shall receive wvages
as high and shall be required to w-ork hours not in excess of those
provided for in this Code for employees in the same classifien~tion
of this industry.
StECTIO: N 14. N~o employer shall knowingly permit any emr~plo~yee
to workr for anly time which, when totalned~ with that already per-
form~~ed for another employer or employers in this indus~try, exceeds
the ma ximumi permitted in this Article.
SEC.TION 15. All members of the indus~~try shall post and keep
posted in a cron~spic~uousi p~lac~e onl the premises, a copy of the provi-
sions of this Co~de relative to Unfair Practices. mlaximumn ours and
the mninimnum wngei; applicable to the retail tradte area in which
t~he member is Iclaste~, as set out in Articles IVt and VI of this
Code.
ARTICLE V 'lARKEiLiITTXG PRACTICES

SEC'TION 1. 1Each mlember~1 of the industry shall, within ten days
aIfterl the effcctive date of thlis Codle, file with t~he Divisional Code
Authority a list showing the prices, terms and conditions of sale for
eachi kind, grade, size and blend of solid fuel and for each c~lassifica~-
tion of curstomenrrs which~ suzch memblfer of the industry expects to sell,
and3 a list of! '.1'charge for handling ser~vicesl. Such lists of pr~icesi and
chal~rgs shall become effective inanediali telly upon the pos)tingb thereof
by the members of th~e industry as hereunafter providedc-, unless in
c~ontravecnt~ionr of other prrovisions~ of this Code. Listed prices and
charges may be rev\ised~ from time to time by thle member of their
ind~1ust ryS filing themn. All retvisionsli shall be filed wvit~h the Divisio~nal
Code Authioi~t~y and shall become effective in the same manner as in
the case of original filing.
SECTION 2. Atlll pr.ice-, termsI11 and condlitio~ns of sale shall be cocn-
spienously and continuously posted for public ine-pe't ion in that por-
tion of each member's premiises, if any, where solid fuel, is o~ffe~lrtd for
sale an-d to which the public hnas free ne~cess d~u~in~g business hours.
Any member of the industry not malintairinig premises in the retail
trade area served by such~ member shall post' prices, terms and condi-
tions of sale on each veh~licle. Employees on duty shall be required
upon request to assist any person to a proper understandings of such







482


posted prices, terms and conditions of sale andl such applicant shall
not be requiredc to assign any reasonl for his desire to mnspect such
notices nor to reveal hiis identity.
SECTION 3. A report of all sales, showing quantityi and prices,
shall be filed by each member of the industry -with the Divisional
Code Authority immediately.
SlECTION 4. Whenever, upon, compglaint or upon its own initiative
without complaint, the National Code Authority is of the opinion
that an emergency exists within the industry or within. any retail
trade area thereof, in that destructive price-cutting is being engaged
in to such an extent as to rendler ineffcctulal or seriously endanger
the effectuation of the purposes of this Code or of the Act, the
National Code Authority shall fo'r~th~wit~h certify such conclusions to
the Divisional Code Authorities.
(a) Upon receipt of such notice each? Divisiona~l Code Au~thor~ity,
alfter a full hearing upon noc-tic~e to all knowcin interested parties within
the respective trade areas, shall determine whether or noct such' an.
emer~lgenlcy exists within the Division or within any onle or moure
trade are~as thet1reof, and in the event it applears necessary to declared~
such, an emerrIgncyy to exist, thereupon to open'l th-e hlearing for pre-
sepntation of all matters which may have. a beal';rring pn costsg to be
ascrc!tainled and drteriniiied as provided in sub- hereof.
(b) I~n anly retail trade area~l of any Division where~'- SuIch emner-
gencyS hlas been declared to exi t, th~e Divisional Colie Author~ity
shall forthwith ;1.-erItain to, the extent reasonably penelticable for
sulchl retail trade area the cost to memberltl ls o~f the indus~ltry~ of their
pro'duclts and. services on the basis of nc.tal~l cat.(~ hcrts of memblllers
of the industry within such retail tradelr area andl all other avn;ialale
anltll for fnehl kind, grade, size andl b~lend of solid fuel and1( eaChl
<'nsl.sificantionl of en~tainers.- within such retail. trade area.
(c) Onr the basis of cos~ts ;Icer~tainedl as above, the lowest cost
(which shall inlulde an allow\\anlCe for all items of notafl~l costt, blt
exclusive of any elements of profit or return onI capital) w\hich1
shall still insure within such. retail trade areal the Ilunintelnnne~e of
ra:tes; of pay3, hours of labor, fair comlpet~ition, andlr mother purposces
of this Cod~e andl of the Acet, shalcll be dctermined~e by thc~ D~ivisiolnal
Code Authority, such figrel~ to be the lowest figulre reasonaly;ll
compal';tib~le with the mlairi lntenanc of the pul~~rpose herein se;t forthI.
(d) S~uchl determinaticJns of cos~,t. shazll promlptly bet appr'~oved or
dli alpproved- in writing by thle A<1mliinistrativeP apporintee onr the
Divkionnl~l Code Authrority, andc urpon approva\';l shall become effc~~t i ve,
subjerlCt to theP right of thle Admninistrator to aillu-ove,~ disapprove\' or
mol(dify the samne. Afjll such decte~~llrminat ions of cos~t by\ thler Divisiolna
Code: Authori~tiE.-, shall1 for1thwvith be filed~ with the': National~l Code~
Authicr~ity and1l the Admliinistrator(1.
(e?) Wlhen it shall be 11te oaperthtmdiinshv

L10titS, U~poI Its trlvil 1111(181IVP~ Or IUpon~l fr10 Em 110(.-f Of HII.ill intr-
ested~ paty,"~~ shall (nuse( slclh tleterl~rm~inations of cast to be~ rev\iewed~~
Inlll neOW deter~ill~in uiloll to loe cU. (abli.-lc d Ill the Hinlle ilIlerIC1 ;1S







483


SECTION The seling~ or offering for sale of any of the products
or services of this indu~stry3 for which the costs may hatve been
determined as providedl in Section 4 of this Article V, at such
prices or upon such terms or conditions of sale that the buyer shall
pay less th~erefor than uch determined cost, shall be deemed an
unfair compettitve p~~iratic~e in violation of the r~equli ~~rement of this
code.
.SECTLON 6. Sales and delivriesic in contravention of any cost de-
ter~miried as provided in Sec~tion 4 of this Article Vr or of terms
and conditions duly established pulrsuant to this Code, where made
in comp~lialnce with bonaR fidce onracts~~i aInteda-lting; January 31, 1934,
shall not be deemed in violation of this Code provided that a writ-
ten statement showv~ing date, price, terms and condl~-it~ions of sale and
dura~tionl of thre conit!act;, together with the name1:~ and address of
th~e buyer aInd points of deliveryl), shall have been filed with. the
D~ivisionarl Code Authority within ten days after the effective date
of this Code.
,SEC'TI(.N 7. NOthinlg in this Code shall be construed to prohibits
m-emnbrls of the industry in a trade area fromt meeting~ such compoeti-
tion as mayS be duly authorized or permitted by any existing statute
or competent authority, subject, however, to the approval of the
Divsind Code~ Autho~rity and the Adiitaieappointee
thereon.*
Aurmu: I-NFAI PRACTICES

SECTION 1. The pubilshinlg of advertising (whether printed, radio,
dlisp~lay or of anly other nature) which fails to give corre1lc~t name and
address and which is misle-ading or inaccurate in any ma~ter~ial par-
ticular (including the3 imitation of trade marks, trade names, slogans,
or oltherl marks of identification) or the misrepresenting of any solid
fuel (including, but without limitation, size, kind, gra3de, quality,
quan"tity, origin, chalnractr, nature, analysis, or preparation) or credit
termsil, values, policies, serv~ices, or the nature or form of th-e business
cond~c~ted-, is a violation of this Code.
SECTnoxi 2. The selling, offei~rin for sale, advertising,~t or dieliverin~g
of solid fuel wRithlout proper designation of such fuel, clearly to indi-
cate its chal~racter and grafde or the delivery of any kind, grade, size
or blend of solid fuel, other than that ordered, with in~tent or effect
of deceiving purchasers, is a violation of this Cdode.
SFEC'TION 3`. Failurle to deliver full weight or to leave for the cus-
t~omer a delivery- ticket on each delivery showing the namie and ad-
dress of the customer, the name and ac:ddress of the seller, the weight
and the kind, grade, sizet or blend of the fue~l delliver~ed, is a violation
of this Code.
SEorrow 4. The delivecry of more than one kind, grande, size or
blend of solid fuel, if loaded on the same wagon or truck, or the
loading of separate units of delivery for more than one buyer on
the same wagon or truck, where each kind, gradle, size, blend, or
unit; has not been weighedt and loaded separately and the weight, of
each such krind, grade, size or blend has not been specified on the
delivery ticket, is a violation of this Code; provided, however, that
See paragraph 3 of order alpproving this Code~.






484


nothing herein shall be deemed to prevent, the sale of solid fuel in
closed containers or closed bags, if t~he name of the seller, producer
or manufacturer, the kind, grade, size or blend, and the net contents
of such bag or container expressed in pounds is plainly stamped or
printed thereon or upon a tag securely tahdteeo It is
f~urth~er provided that any Divisional Cod;e Autchdthort a reohii
the mlar~keting~ of blends in all or any piar~t of its D~ivlsion, if it
shall so elect.
SECTION 5. No member of the indul~stry3 shall give, p~ermrlit to be
given, or directly offer to give, anything of vanlue for the purpose
influencing or rew7ardingf the actionl of any employee, agent or
representative of another in relation to the business of the emnployer
of such employee, the principal of such agent or the representedi
party, without thle knowledge of such employer, principal or party;
prfovidled that this shall not prohibit free and general distribution
of articles commonly used for advertising e~xcept so far as such
articles are actually used~c for commllerc~ial briberyr as her~einabove
defiiedl.
SECTION-r~ 6. T7he debanal~tion1 of compell~ titorsI; by falIsely impu~lfllti to
them dishonorable conduct, inability to perform cont ac~ts, question-
able credtlli t standing, or b~y othecrl false r~epreselt at ioll, or the falIse
d7ispa'lragement.~l of thle grade or quality of their goods,~ writhl the
tendency and capacity to m~islead~ or dceciv~e pur1~, lnchase or prospec-
tive p~urcha ersl, is a violation of this Codce.
Surr'ToN 7. Enticing an employee from th~e service of' a comn-
petitor for the purpose of hara~ssingr such competitor or interferin
with his business, is a vio~lation of this Coder, but nothing in. thlis
Sccct lon shall prevent any employee from offerings hlis services to a
copeiorno prevent any member of the indusltry3 from empllloy'igr
he ryemploye nof another~l wPhere the initiati-ve in sulch cha1:nge of
e-mployment is taken by the employee.
ECTION 8. Any aIttempl-t to indluce the brach:~l of an exristing
contract; between a comp~letitor and his employee or ciustomler or
source of supply, or to interfere with or obstruct the per~lformallnce of
such'1 contractual duties~ or service, is a violation of this Code.
ScCr~oN 9. Failure to showV the true late on anly qurotation~. border
conlltrafc~t, delivery ticke~rt, or invoice is a vio~lationl of thlis Code.
SECTONU 10. TheC use of lotter'ies- prlizes, whlc.] of fortune, or
other games of chlnneei inl connc~llctionl withn the sale of olid fuel, is a
violation of this Code.
SECTION. 11. Tile giving Of preC'llitullls, tiradling~ stamps,: free goodcs,
or o~theri things of value or gr~antingr of any special indrucement.t inl
concllr.t ion with the iale of solid fuel, except byr permllissjio of thle
Divisional Code Auth~orityt, is a violation of this Codel.
S~cr-lox, 12. Alny clevjniation by flth seller1 froml his p~osted~ prices,
terms or econd~itions~ of salle, or th~e u~se of any1~ plaln, dev\ir.ce or schemellt
which may d~irectly or ind~l~irc~tly perinit th~e buyer~ to obtain lsolild
fue(l at a lower net cost to himn is a \iolation~ of this Codle.
SElCTINII 13 ~~'.il Die i natlfio~l1Cfn-r~1 bewe n puchasers. of thle samlle class
as to prlilce, terms or conditions of cale whlcther~l by pretenddc~ c~lass.i-
ficantion or otherw\\i~c se hll be a vio~lationl of this Coder.
S~crloN 14. Any adjus.tme~cnt. allowance. cred~tit or n~refund given~ to,
:In Illvle on delc~l\c~i.es nrITOR J 11181 solely by Trilwalli Of R clllinne







485


SECTION 15. The delivery of any o~'~rder at other than the posted
price in. effect at time of delivery is a vio~lationl of this Code., provided
that a reasonable period mlay be established by any Divisiolnal Code
Aut~hor~ity within which~ an order~l received~t before a price~ change
may be filled at the posted price in effect on the dlate such order
was receiv-ed.
AnnewCLI VIIE-Mon~in e( .\nox.,

SECTION 1. This Code~ and aill the provTisions thereof are expressly
made subject to thne righlt of the Presidient, in accordance with the
prov\isionls of subsle(tion (b) of Section 10 of Title I of the Act,
.fr~oml timle to time to cancel or mod.,(ify anyl~ order, apprloval, lilenlse,
rule or regulation issued~ under said Act.
SECLTION 2. Thlis Codle, exrcep~t as to provisions requi~il~re by Title I
of the Act, mlay be modified on thec basis of exper~1incel~t or changes in
circum-tstances, such modlificentions to be based upon application to the
ASdministrator and such notice and healrin shesal pcfy n
to become effctcivec on approva\'l of the Presid~lent.

Ann on V III-10sPOLISTIC PRACTICES

Nlio provision of this Code shall be so app~lied~ as to permit monop-
olies or monop~listic~ prc~tices, or to (.limlilnate, Clpplres, or discriml-
iinate against small eiter~prises.

ARTICLE IX--EFFECTIVElF DATE

This Co-de shall beCome~ll effect~\ive On the second Monday aIfter its
alpp"Trovl by the Pres~cidcnt..
AplMl\cl roe cde S... 280.
Registry No(. '701-11.





UN111111 lllIVSITY OF11111 FLOR11111ID