Code of fair competition for the coal dock industry as approved on March 16, 1934


Material Information

Code of fair competition for the coal dock industry as approved on March 16, 1934
Portion of title:
Coal dock industry
Physical Description:
p. 99-114 : ; 24 cm.
United States -- National Recovery Administration
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


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


Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 701-35."
General Note:
"Approved Code No. 337."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004939974
oclc - 63654860
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Full Text




I' '
For sale by the Superintendent of Documents, Washington, D.C. Price 5 cent

Approved Code No. 337

Registry No. 701--35







This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C.. andl by distrillt offices of the Bureau of
Foreign and Domestic Commerce.
A8tlanta, Ga.: 504 Post Office Building.
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Seartle, WTash.: 809 Federal Office Building.

Approved Code No. 837


As Approved on Mlarch 16, 1934


An application having been duly made pursuant to and inl full
comupliance with the provisions of ~Tit~le I of the Niational Inrdustrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Coal Dock Industry, and hearings having
been duly held thereon and the annexed report on said C~ode, con-
taining ~findings with respect th2ereto, having been made and directed
to the President:
NOW TH3EREF`ORE, on behalf of the Presiden of thne United
States, 2, Hugh 8. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in. me by Execu~tiv~e Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby: incorporate by reference said
aznnexed report and do find that said Code complies in all respects
wpith'the pertinent provisions and will promote the! policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it Is hereby approved.
Administrator for Indzustrial Recovery.
Approval recommended:
KC. M. SIneson0,
Division Administr~ator.
By R. W7P. LEa,
Assistant Aldministrato~:f r for Industry.
Wasmw-aoNow, DC.
March 16, 193.


The WtVfiie HEjouzse.
SmR: This is a report on the Code of Fair Competition for the
Coal D~ock Industry as revised after a public hearing conducted in
Wrashington, D.C on November 15, 1933, in accordance with the
provisions o the Rational Industrial Recovery Act.

The operations of the Coal Dock Industry consist of the unloading
of coal from vessels byJ the use of dlock machinery and equipment
and dock labor, storing, processing the, coal where necessary, and
reloading it into rail~roadl cars or trucks and, in some instances, into
vessels or tugs for bunker coal. In the. New Engaland Division where
navigation is open all year around, the docks are comlparatively
small since only a smal amzoun~t of coal needs to be stored uipon them
sufficient to insure continuous operation between the arrival of vessels.
In thne Northwest Division where navigation on the upper lakes is
closed from approximately Decemlber 1st. to 10ay 1st of each year
on account of frozen harbors, the docks are comparatively large as
they must provide sufficient storage capacity to supply the communi-
ties of the Nort~hwest -with coal through their bitter winters.
Our Planning and Resenrch D~ivision reports that t~he Coal Dock
Industry sold approximately 27,517,000) tons of coal in 1929 valued
at $128,342,000 as compared with 20,07i5,000 tons in 1933 valued at
$89,212,000. The reduction: in tonnagre and value since 1929 is dfie to
severe~ competition with oil and gas as well as the general business

Estimatdcc Efject.--During 1929 appr"oximatelS 5,750 earners
were employed in the Coal Dock Indlustry. It Is estimated that the
hour prouvisions of this Code will add 750 emiployees to this Industry's
payroll, increasing employment approximately 15% over the 1933
employment total. It is estimated t.hat the payrolls will increase
almost pr~opot~ionately, or between 15%b and 20% over the 1933
payroll total.

Nolnx ral( Hous.-WVCatchmen fortyr-eight (48) hours per week with
one day off each woeek; other employees eight (8) hours per day,
forty (40) hours per week. 'Exceptions include executives, officers
and supervisory employees receiving $35 or more p~er week and
outside salesmetn.


Miinimunm WTa~ges.--$15 per week for clerical employees; forty (40)
cents per hour for watchmen; forty-five (45) cents per hour for other
employees. Further provision is made that all employers shall. namn-
tain the same hourly rate differential (expressed in, percentage of the
hourly rate) between the different classes of employees as existed as
of June 1, 1933, but this provision shall not apply to executives,
officers amci employees acting in a supervisory1 capacity receiving $35
or more per weekz.
Ovlertilme Penalty.--In cases of accident or when longer hours are
necessary to discharge cargo from waiting vessels or to provide for
th necessities of dependent communities in extreme w~eather, longer
hours may be worredl, but in no event more than 350 hours in anyr
two calendar months, provided that overtime be paid for at thne rate
of time and one-half, except for wantchmnen who shall be paid straight
Age Limit.-Tllhe employment of any person under eighteen (18)
years is prohibited.

Normal Hore-FEor clerical employ-ees egt()husprdy
forty-two (42) hours per wee~k for eiEh ,ght (8) months and thiry-i
(36) ~hours per week for the remaining four (4) months of the year.
For employees engaged directly in connection, with unloading, stor-
age and delivery service, eight (8) hours per day, forty-eight (48)
hours per week during eight (8) months and forty (40) hours per
week for the remaining four (4) months of the year. Exceptions
include executives and supervisory employees receiving not less
than certain specified salaries, branch coal dock managers m ports of
less than 15,000 population, ~watchmen and outside salesmen.
~i~nimu/m Wages.--Fifty (50) cents per hour in the port of Bos-
ton, forty (40)_ cents per hour in other New England ports. The
weekly wage of any clerical or office employee shall not be less than
forty (40) times the hourly rate provided for in any locality.
Overtimte Penal~ty.--Provision Is made for payment at the rate of
time and one-half for any hours worked in excess of any normal day
or week.
Age Limnit.--The employment of any person under eighteen (18)
years is prohibited.

Norrmal Hour)s.--fiorty (40) hours per week from Decemnber 16
to 1Warch 31, inclusive; fifty-sixr (56)_ hours per weekb during the
season of navigation on the Great Lakres (April 1 to December 1i5,
inclusive.). Exceptions include executives, officers and employees
acting mn supervisory capacity receiving $35 or more per weekr.
Minimum712C WagesI.-$15i per w~eek for clerilcal empyloyeets; for~ty (40)
cents per hour for all other employees including watchmzen. F'ur-
ther provision is made that all employers shall maintain thre same
hourly rate differential (expressed in percentage of the hourly rate)
between the differenLt classes of employees as existed as of June 1r
1933, but this provision shall not apply to executives, oflicersan


employees acting in a supervisory capacity receiving $35 or more
per week.
Overtimze PenaLty.--Provision is made for payment at the rate
of time and one-half for any ~hours worked in excess of the normal
Age Limzit.-The employment of any person under eighteen (18)
years of age is prohibited.
Further provision. is made for the establishment of a committee
of five :members consisting of two members of the Industry to be
selected by the Vessel Flueling Divisional Code Authority and two
members representing labor appointed by t~he Labor Advisoryv Board
of the ~National Recovery Administrantion and the Administration
~member of the Vessel Ftiuelinga Div7isional Code Aut~hority who shall
conduct an investigation regarding the wage rates a~nd maximum
hours provided herein and make its report and recommendation to
the Admiinistrator through the D~ivisional Code Authority within
ninety days from the effective date of this C~ode.

N~o provision is made for anyJ price regulation except that every
Member of the Industry shall so conduct his business as to avoid
discrimnination against any class or group of customers. Each mem-
ber of the Indulstry shall within ten days after the effective date
of this Code file with th~e Divisional Code Authority a list show-
ing prices, terms and conditions of sale, other than solely at retail,
for each grade, qua~ntity and size of coal for each class of purchasers
which such member of the Industry expects to sell, and the listed
charges for' handling services classified as to grade, size and quantity
of coal which such member of the Industry expects to handle andl
the terms and conditions applienble thereto. Such lists of prices
and charges shall become effective immediately upon receipt by t.he
member of the Industry filing them of notice from the Divisional
Code Allthority of their receipt and filing, which notice shall be
mailed by thne Di~visional~ Code AQuthority within twenty-four hours
aftert receipt of the proposed charges and prices. Listed prices and
charges may be revised from time to time by the member of the
Industry filings revised lists of prices and charges with the Divisional
Code Auxthority which shall become effective In the same manner as
provided in the case of the original filing. A report of all sales
showing quantities and prices shall be filed by each member of the
IndustryT with the Divisional Co~de Author~ity immediately.

The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the pro-
cedting in this matter, I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the Natiotnal Ilndustrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
conmmerce wc\hichn tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-


dustry for the purpose of cooperative! action among the trade groups,
by inducing and maintaining united action of labor anld manage-
ment under adequate govermental sonotions and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by av~oidingr undue restriction of production (except as may be
temporarily required), by increasing the consumption of industrial
and2 agaricultural products through~ increasing purchasing power, b
reducing and relieving unemployment, by improving stainda~ds o
labor, and by otherwise rehabilitatting industry.
(b) Said Industry normally employs not more than 5i0,000 em-
ployees; and is not classifirid by me as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent prov~isions of said Title of said ~Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section '7, and
Subsection (b) of Section 10 thereof ; and that the. applicant groups
and association are industrial groups andi association truly repre-
sentative of the aforesaid Industry; and that said. groups and asso-
ciation impose no inequitable restrictions on admission to mzember-
ship therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process- have
not been deprived of the right to be heard prior to approval of said
For these reasons the Code has been approved.
MARCH if), 1934.


To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competit~ion for the Coal 1Dock Industry, and shaUl be bind-
ing on all the members thereof.

SECTION 1. Coal shall mean any anthrancite, semi-anthracite,
bitumninous, semi-bituminous, or lignite coal, briquettes, boulets, coke,
gas-house coke, petroleuma coke, petroleum carbon, or any manu-
factu~red or patented fuel not sold by liquid or metered measure, fuel
wood or wood-fuel products.
SECTION 2. Wholesaling shall mean the selling or selling and
delivering of coal in railroad cars or cargo vessels, subject, however,
to of AtSrticle VI, Sect~ion 11, of this Code.
SECrrIoN 3. '"Retailing shall mean the selling or selling and de-
livel~rig of coal in other than, railroad cars or cargo vessels subject,
however, to the? provisions of Article VI, Section 11, of this Code.
SECTION 4. "' The Coal Dock Industry~ or "' Indust~ry shall mean
the discharging from vessels at any private dock of coal for sale,
other than solely at retail or the selling, other than solely at retail,
of coal so discharged (or both so discharging and so selling) and
bunkeringr vessel with coal from docks equipped to receive coal by!
water and to store it (whether or not coal also is or can be re-
ceivedr by rail).
.S;PC.Tms 5. M~emb~er of the Industry '" means all those engaged in
the Coal D~ock Industry. The retail operations of members of t.he
Indutry~t are not embraced within this Code but are covetred by the
Retail Solid Fuel Industry Code.
SECTION 6j. "L President ", "Act ", "A1?dministrator '", shall mean
respet-c-tivetly th~e President of the United States, the National Indus-
tr~ial Relcovecry3 Act, and the Administrator under T]itle I of such Act.
SEcTIONv 7. Employee shall mean any~ one engaged in t.he Coal
D~ock Industry in any capacity rece~iving compensation. for his serv-
ices~, irrespective of the nature or method of such compensation, ex-
cept a member of the I~ndustry.
SECTION 8. Emlplo~yer shall mean any one by whoml any em-
playe-,'e is compnsa"n~ted or employed.
SEC.TION 9. Population. forl the purposes of ths Code shall be de-
terminedc' by r~eflr~ence to the latest Federal census, anld as pplied~
to any particular city the population for the metropolitan area as
given in such census shall be used.



F'or the purposes of this Code, the Industry shall be divided into
separate divisions, as follows:
1. Nortnhwest Division, which shall include por~ts on Lake Supe-
rior, St. Mary's River, and on the west banki of Lake Michigan. north
of the State of Illinois, excluding vessel fueling operations under the
jurisdiction of the Vessel Fueling Division.
2. Nle w Englasn~d Divisionz, which shall include po'rts in the States
of M~ain, NCew Hampshir~e, Manssachusetts, Connecticut, Rhode Islanad,
andl Vermnont.
3. Yes~sel Fureling DivisionL, which. shall include vessel fueling op-
erations on the Gr~eat L-akes and tributary waters.
Other separate divisions may be created and extensions to the
above divisions may be made where circumstances indicate such
action is appropriate; but the provisions of this Code shall not apply
in anyr territory outside of the New Englanld 1D~ivision, the North-
west Di~vision, and th~e V~essel Fueling Division, unless and until
such o-thler Divisions are created byr appropriate amnlldments to this
SECTION 1. Employees shall have the right to organize and bar-
gamn collectively through representatives of their own choosing, and
shall be free from the interference, restraint, or coercion of emn-
ployers of labor, or their agents, in the designation of such repre-
sentatives or in self-organization or in other concerted activities for
the purpose of collective bargaining or other mutual aid or protec-
tion. ~No employee and no one seeking employment shall be required
as a condition of employment to join any company union. or to re-
frain fromn joining, organizing, or assisting a labor organization of
hris own choosing. Employers shall comply with the maximum
hours of labor, minimum rates of pay, and other conditions of emn-
ployment., approved or prescribed by the President.
SEarroN 2. This article establishes minimum rates of pay which
shall apply irrespective of whether an employee is actually comnpen-
sated on a time rate, piece work, or other basis.
SECTION 3. Anr employer shall make payment of all wages. whlen
due, in lawfu~l currency or by negotiable check therefore, payable on
demand. These! wages shall be exempt from any payments for pen-
sions, insurance, or sick benefits other than those voluntarily paid
by the wage earners, or requ~iredl by State laws. Employersshl
establish regunlar semi-monthly pay days, splitting the month so as
to provide r~easonable time (not to exceed 10 days) for the prepara-
tion of pay rolls.
SECTIOzi 4. An emp~loy'ee shall be paid at least his normal rate of
pay for all hours required to be spent at the place of employment or
in conlect~ion withl the discharge~ of duties of such employment.
SECTION 5j. ~No member of thre Industry shall employ any person
under the age of eightfeen (18) years.
SECTION 6. No employer shall as a subterfuge so as to defeat the
purposes or provisions of thre Act or this Code reclassify employees
4682*-----2515-- 34---2


or duties of o~ccupatio~ns performed or engage in any other sulch
SEC'TION 7. Every employer shall mnlae reasonable provision for
the safety of his employees at thet place and during the hours of their
SiEC'ICN 8. No employee shall be dismnissed by reason of making
a complInint or griving evidence with respect to a violation of this
.SECTION 9. Each employers shall post and keep posted in ten point
type or Inlrger the full Lab~or Provisions of this GIode applicable to
his Division and the Iname? and address of the nearest official place
wcihere Code violations may be reported, in conspicuous places readily
tlccemiblle to the employees.
SwIox.T(~ 10. Northwest DivisiLon.--A. The la ximlum hours for all
employees (excepllt. executives, officers and emlploy~ees acting in a
superv\isor\ caplac'ity receivingr $35.00 or mlorec per w~eek, outside sales-
men and watchmen) shall be eight hours per day and forty (40)
hours per week~i; provided, however, that in. cases of naecident., or when
longer honurs~ are nece'5ar'y to dischlarg e cargo from. wAiting~ vessels
or to provide for the necessi~ties of depencennt conllrununities in extreme!
weather, longer hours may be worked, but in no event, more than 350
hours in anly two calendar months; provided, further, that timle and
one-half shall be paid for hours worked in excess of eight (8) hours
per day or in exicess of forty (40) hours per week, and time and one-
half shall be paid for hours w-olrkd on Sundays and holidays, except
for waltc~hmen, who shall be paid straight time. Truck; drivers and
helpers shall not be considered outside salesmen. The maximlum
hours for wantc~hmen shall be forty-eight, hours per week and they
shall have one day7 off each wee~k.
B. The minimum rates of pay for clerical employees shall be not
less than $15.00 per week.
C. The minimum. hourly rate which shall be paid to employees,
other than clerical employees and watchmllen, shall be fortyv-five cents
(45 cenits (40 D. No employer shall pay any employee an hourly wpage rate
which. will yield a lesser weekly wage for the full time week of 40
hours ecstabli?- hed~ in this Code than such employee could have earned
for thle same class of work for a full time week of 48 hours at the
hourly rate~s prevailing as of June 1, 1933, but this shall not increase
the minimum~11 1 hourly rate inl this Division on docks on Lake M~ichi-
gan. (This means 48 tim~es the houlrrly rate as of June 1, 1933,
divitled by 40, or a 2017 inc~rease in the hourly rates which prevailed
as of June 1, 1933, except1 that it shall not increase th mlinimumn
hourly rate in this Division on docks on Lake~ Michigan.)
E. All employers shall malinltain the same hourly rate differential
expressedd in per'lcen'ltage of t~he hourly rate) between the different
classesc of emlployees as existedl as of June 1, 1933, bult this. provision
shall not apply to ex~cutliVes. offiCers' and employees acting in a super-
v-isory3 enpne''ity receiving~ $U:;.00l or mor-e per wreekz.
SEC(TIUNh 11. Neto0 E'117rnglan Divis~ion.-. Exce~tpt, as hereinafter
epesV'~sly stipulllatedl othierw\ist-


(1) No emlnoyee engaged directly in connection with unloading,
storage and delivery service shall be permlitted to wor~k more than
8 hours per day or 40 hours per week, from M~iay 1 to .August 31,
inclusive, or for such alternate four molcnths per year as m~ay be sub-
st~ituted therefore by the Divisional Code Authority unless during
this period, all hnours worked in excess of 8 hours per dayT or in excess
of 410 hours per w~eek are paid for at the rate of time and one-half.
For the remalining 8 months of each year no employee shall be per-
mitted to work more thlAn 8 hours per day nor more than 48 hours
perl week unlless time and one-half is paid for each. hour in excess of
8 hours per day or in excess of 48 hours per week.
(2) No clerical employees shall be permitted to work rnore than
8 hours per day or 36 hours per week for the per~iodl from Mayg 1
to Augu1St 31, inclusiv-e, or for such" alternateC fou-month-Cs' period
per y'ear as any be substitutedl therefore by~ the Divisional Code Au-
thority unless, during this period, all hours worked in excess of 8
hours per day or in excess of 36i hours per week are paid for at
the rate of time and one-half. For the r~emlainingr 8 months of
each~ ;year no clerical emlployee shall be permitted~ to work more
than 8 hours per day or 42 hours per week, unless time and~ one-half
is paid for each houlr in. excess of 8 hloulr per day or inl excess of
42 hours per week.
B. The max~imum. hours fixedl in the foregoing section shall not

ap,(1) Executive and supervisory employees receiving not less than
$35.00 per w~Teekr in any port of 100,000 population. or more and its
trade area; nlot less than $30.00 per wc~eek in any port of less than
100,000 and its trade area.
(2) Branch coal dock managers in ports of less than. 15,000 popu-
lot ion, which ports are not part of a larger trade area, each branch
coal dlock to be restricted to one branch coal dock m~anagetrl.
(4)3 Outhmn tsidle salesmen, provided that emnpl oyees engaged in un-
loading, loading, storage or delivery service shall not be classified
as outside salesmen.
C. Subject to th~e exceptions noted in sub-sections F and G of this
section, no employee shall be paid less than. the following hourly
rates of wages, whether such. wages are calculated upon a time, piece-
wor~k, commission, or other basiS:
Polrt of Boston --_-_-----_,,- ,-, .0 cents
All other New Enlgi;nnd ports ..... .. 4_,_-_, 0 cents
D. (1) Except. as hereina after provided, no hourly, daily, or weekly
rates of pay shall be reduced below those in effect on July 1, 1933.
(2) Exrcept as to clerical or office employees--no employee whose
full time wee~kly hours as of July 1, 1933, are reduced by 20%0 or less,
shall have his full time weekly earnings as of July 1, 1933, redluced.l
No emnploy)ee whose full time weekly hours as of July 1, 1933, are
reduced by mor~e than. 20%" shall have his full time week~ly earnings
as of July 1, 1933, reduced by more than one-half of the percentage
reduction in hours in excess of 20%~.
E. The weekly\ wage of any clerical or offic-e emplloylee shall not be
less than~~ that pr~ovided by 40 times the hourly3 r~ate 'in subsection C)


for the port speccified, regardless of wn-hether the week worked is on
a basis of 36 hours or 42 hours as provided in sutbsection A (2), but
in no case less than $14.00 per week. Part time clerical or office
employees shall be paid nlot less than. the hourly rate inl subsection
C for the port spec~ifiedl, but in no ca~se less than 35$ per hour for each
hour worked.
F. Employees engaged solely to store solid fuel in or about the
prenuises of the consumer may be paid on a tonnage basis in those
trade area:s where an establishedl schedule of tonnage rates for such
work has been in effect 'since 1929, and shall be paid not le~ss than the
1929 tonnage rates, which shall be subject to the approval of the
Divisional Code Authority an-d the A~dmlinitlrator, and it shall be
the duty of the Divisional Code Authority to fix and report such
1929 tonnage rates within 30 days after the effective date of this
G. Superannuated employees or those who are physically .ilncapable
of performing manual labor, and office workers with less than six
months' previous office experience shall be paid not less than 75S/
of the mmimrum wages prescribed in subsection C, provided that the
numer tof such empoyees at any one time shall not exceed 10%o of
thetotl nmbe ofdockr, oice, and service employees, provided,
however, that any dock wvcith less than ten such employees may employ
one such sub-minimum employee.
H. The weekly wages of any salesman, regardless of whether he
be compensated upon a commission or salary basis or both, shall not,
unless specifically approved in writing by the Divisional Code
Authority, be less than 40 times the hourly rate provided in sub-
section C of this section for the port specified.
I. The use of contractors, sub-contractors, haulers, truckers, or
others, to perform. any of the functions of this industry is prohibited
unless the employees of such contractors, sub-contractors, haulers,
truckers or other employers shall receive wFagaes as high and shall be
required to work hours not in excess of those provided for in this
Section for employees in the same classification of this industry.
SE~CTION 12. 78888e lizeB$%}g DiUl8/On ---A. Because the docks pro-
vide twenty-fouzr (24) hour continuous service by reason of the sea-
sonal nature of the operations and because of the international com-
petition, the maximum hours for all employees (except executives,
officers and employees acting in, a supervisory c~~apeit~y receiving
$35.00 or more per weekt~l) shall be fifty-six hours per w~eek, during the
seasoncll of navigation on the Great Lakes, vi~z., from April l to Decem-
ber 15, inclusive, and forty (40) hours per week during the period
from December 16 to March 31, inclusiv-e, except in cases of accidents
or emergencies, provided, however, that all time worked in excess of
fifty-six (56) hours per wFeek from April 1. to December 15, inclusive,
and aill time worked in excess of forty (40) hours per w-eek fromn
December 1_6 to March. 31, inclu~ive, shall be compe~cnsate~d for at
the rate of time and one-half.
B. TIhe minimum rates of pay for clerical employees shall be not
less than $15.00 per week.
C. Thle minimum, hourly rate for employees (including watch-
men)) other than clerlical, shall be forty cents (404e).


D. All employers shall. maintain the same hourly rate dliffer~ential
(expressed in percentage of the hourly rate) between the different
classes of employees as existed as of June 1, 1933, but this provision
shall not apply to executives, officers, and employees acting in a,
supervisory capacity receivingr $35.00 or mIore per week.
E.There shall be~ established a committee of five (5) mnembe rs-
consisting of two (2) members of the Industry to be selected by the
Vessel Fueling Divisional Code Aut~horit; two (2) members repre-
senting labor appointed by the Labor Avisory Board of the Nia-
tional Recover~y Administration; anrd the Administration member
of the Vessel Fueling Divisional Code Authority--who shTall conduct
an investigation regarding the wage rates and maximum hours pro-
vided herein, and makieit report a~nd recommendation to the Ad-
ministrator through the Divisional Code Authority within ninety
(90) days from the effective date of this Code.
AnnersE IV---MBRnxuerm

SECTION 1. Each memlber of the Industry shall so conduct his
business as to avoid discr~imination against any~ class or group of
customers by unfair or disproportionate allocation of his total cost
and no member of the Industry shall sell or handle n coal at a
price or charge less than his listed price for that grade, quantity
and size established aLs provided in the following section.
SECTION 2. Eachl member of the Industry shall, within ten. (1_0)
days after the: effective date of this Code, file with the Divisional
Code Authoritr a list showing the prices and terms and conditions
of sale other than solely at retail for each grade, quantity, and size
of coal for each class of purchasers which such member of the
Industry expects to sell, and a list of charges for handling services
classified as to grade, size, and quantity of coal which such member
of the Industry expects to handle, and the terms and conditions
applicable thereto. Such lists of prices and charges shall become
effective immediately upon receipt by the Member of the Industry
filing them of notice from the Divisional Code Authority of their
receipt and Sling, which notice shall be ma liled by the Divisional
Code Aut~hority within twenlty-four hours after receipt of the pro-
posed charges and prices.
SECTION 3. Listed prices and charges may be revised from time to
time by the Alember of the Industry filing them~, by filing revised
lists of prices and charges with the Divisional CoeAuthorityT,
which shall become effective in the same manner as provided for the
or nal filing thereof.
ECTION 41. A report of all sales, showing quantity and prices,
shall be filed by each member of the Industry withl the Di\sional
Code Authority immediately.

SECTION 1.--The following practices shall constitute unfair myeth-
ods of competition. Any member of the Industry who shall be found
to have engaged in such pr~acti~es, or an~y of them, shall be deemned


to have violated the Act and this Code, and shall be subject to the
penalties imposed by the Act and this Code.
(1) The handling, r se clling, or offeringr for sale of coal at less
than the price or cbharge established under this Code.
(2) The secret offering or making of any payment or allowance
of a rebate, refund, commission, credit, unearned discount, or excess
allowance, whether in the form of money or oth~erwise., and the offer-
ing or extendlingr to anly customer any special service or privilege not
extended to all~ customers of the same class, for t~he purpose of
influencing a sale.
(3) The pr~edating or postdating of any invoices or contracts for
the purchase or sale of coal except to conform to a bontt fide agree-
ment for the purchase or sale entered into onl the predate.
(4) T'he intentional misrepresentation of analyses or sizes, or mn-
tentional making, caus or permitting to be mnade, or publishing
of! any false, untrue, mis :s~eadcing, or deceptive statement, by wayo
advertisement, invoice, or otherwise, concerning the size, quantity,
character, nature, preparations or origin of any coal bought or sold.
(5) The giving or permittmg to be given, or directly offering to
give, anyrthing of value for the purpose of influencing or rewarding
the action of any employee, agent or representative of another in
relation to the business of the employer of such emnployee, the princi-
pal of such agent or the represented party, without the knowledge. of
such employer, principal or party; provided that t.his shall not pro-
hibit free and general distribution, of articles commonly used for
advertising except insofar as such articles are actually used for
commercial bribery as hereinabove defined.
(6) The making of, or causing or permitting to be made, any state-
Iment which, refers inaccurately in, any material particular to any
competitors or their products, prices, values, credit terms, policies or
(7) Inducing or attempting to induce the breach of an existing
contract between a competitor and his customer or source of supply,
or interfering with or obstructing the performance of such con-
t'ractual duties or services.
(8) The prepayment of freight charges with the intent or with the
effect of granting discriminatory credit allowances.
(9) The sale or offering for sale of coal of a certain kind or size
at a price appropriate for such coal with the secret understanding
that coal of other quality, size, or preparation, listed at or generally
commandingr a higher price, will be delivered; or delivery of coal
inferior to that agreed to be delivered upon a sale.
(10) The splitting or dividing of comissions, or discounts or the
use of commissions or sales agency in any manner through shlam or
indirection for making discounts, allowances or rebates or prices
other than those deteFrmined as provided in this Code.
(11J Delivery by trucks from, docks at less than the filed price on
trucks at the docks plus the filed cha~rges for the delivery as listed
with the D~ivisional Code Authority.
(12) No member of the Industry shall join or participate with
other members of the Industry who with such member constitute a
substantial numberr of members of the Industry or who together
control a substantial percentage of the business in any specific prod-


act or products of the Industry, in any transaction known in law as
a black list, including any practice or device (such as a white list),
which accomplishes the purpose of a black list.
SECTION 2. Members of the Industry shall supply to all customers
a statement of the unfair trade practices as listed in Section 1 of this

SECTION 1. A Divisional Code ALuth-ority to supervise the admin-
istration and enforcement of the Code for each Division is hereby
created, thle members respectively to be selected in the following
A~ general mneetingr of the members of the Industry within each
Division shall be held within five days after the effective date of this
Code to select the votinrr members of the Divisional Code Autority
for each Division, provided that each such Divisional Code Authority
shall have a Divisionazl Mremnber designated by the Aldmninistrator,
without vote but with power of veto. At such mleetingrs the members
of the Industry shall vote both by tonnage (which shall be the total
tonnage of coal sold by each such member during the calendar year
1933) and as individual operators, and it shall require a majority
vote both in t~onnage~ andi numbers to elect. In the~ event a majority
in both tonnage, and nmnbers is impossible, then by such other equl-
table mepthodj of votijng as may be agreed upon by the respective meet-
insand approved by the Administrator.
(aq) In the Northwrest Division. the Divisional Code Authority shall
consist of six voting members, three of whom shall represent Lake
Superior docks and three of whom shall represent Lake Mlichigatn
(b) In the New England Division the Divisional Code Authority
shall consist of nine voting members; provided, however, that ton-
nage sold to any corpora~tion controlled by, or which controls, or
which is controlled by the same person as a member of the Industry
shall not be included in the tonnage to w\Ihich such member of the
Industry is entitled to vote. Control means ownership of over
fifty per cent of the voting capital stock.
(c) In the vessel Fueling .Division the Divisional Code Authority
shall consist of three voting members.
SECTION 2. There shall be established wcoithin 10 days after the
effective date of this Code in each Division a Board which shall con-
sist of three members appointed by the Divisionazl Code Authoritay,
who may or may not be members of the Industry, as the Divisionl
Code Authority may determine, whose duties shall be to review the
listed prices and charges and to conduct a continuing study of
the facts underlying such listed prices and charges, and to observe the
effect of sulch prices and charges on the Industry and the public. The
Divisional Code Authority member, without vote, appointed by;
the Administrator shall be free to attend meetings of this Boardl and
shall have free access to all its records. In the event that the Board
shall find that prices and charges filed with the Divisional Code
-Authorityr in accordance with the provisions of Article IV are unfair
to the public or destructive to the Industry, or both, the Bo~ard shall
report such findlingrs to the Divisional Code Authority. All com-


plaints with respect to the listed prices and charges that may come
to the Divisional Code Authlority shall be referred to such Board
for consideration.
SECTION 3. Eachn trade or industrial association pa~rticipating inr
the selection or activities of the Divisional Code Authority shall
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to thre Administrator true copies of its Articles of Association,
By-laws, regulations, and any amendments when made thereto, to-
geth~er with such other information as to membership, organization,
and activities as the Adm-~inistrator may deem necessaryy to effectuate
the purposes of thne Act.
SECTION 4. I~n order that the Divisional Code Authority shall at
all times be truly recpresrentative of thne Industry and in other respects
comply with the provisions of the Act, the Administrator mayg pre?-
scribe such hearings as he may deeml proper; and there after~ if he
shall find that the Divisional Code Atuthority is not truly representa-
tive or does not in other respects comply with the provisions of the
Act, ma~y require an appropriate modification in the method of seleec-
tion of the Divrisional Code Authtorrity.
SECTION 5. Any action, rule or regulation of any Divisional Code
Authority_ shall be promptly reported to the Admimist~rator, and after
such, notice and hearing as he may prescribe shall be subject to re-
view and disapproval by him. Whenever any action of a Divisional
Code Authority is Fvetoed by the Administration member thereof, the
veto shall be subject to review by the Administrator and may be re-
versed2 by him. If the Administrator at any time shall determine
that any action of a Divisional Code Authority or any agency thereof
may be unfair or unjust or contrary to t~he 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 Divisional Code AIluthority or naency pending
final action which shall not be effective unless the Administrat.0r
approves or unless he shall fail to disapprove after thirty days' notice
to him of intention to proved with. such~ action in its original or
modified form.
SECTION. 6. MIem~bers of the industry shaill be entitled r)10nto prtcipate
in and share the benefits of thle activities of the Divisional Cd
Authority and to participate in the selection of the members thereof
by assenting to and complying with the requirements of this Code
and sustaining their reasonable share of the expenses of its admlin-
istration. Such reasonable share of the expnses of administration
shall be determined by) the D~ivisional Coe authority, subject to
review by the Admzinistrator, on the basis of volume of business and
such other factors as m-ay be deemed equitable.
SECTION 7. Nothing contained in this Code shall constitute the
members of the Divisional Code Authority partners for any purpose.
Nor shall any member of the Divisional Code Authority be hiable
in any manner to anyone for any act of any other member, officer
agent or employee of te Divisionatl Code Authority. Nor shali
any member of the Divisional Code Authlority exercisingraobl
diligence! in thne 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 nonfeasance.


SECTION 8. Each Diviional Code Au~thority shnl'l have: the fol-
lowing further powers and duties, subject to such rules and re~gula-
tions as may be issued by thie Adtministrlator:
(a) To insure thle execution of the provisions of this Code and
provide for the compliance of the I"lndustry with 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.
(c) To obtain fromr Miembers of the Industry in its D~ivision such
information and reports as are requir~ed for the administration of
its Code and to provide for submission by members of such informla-
tion and reports as t~he! Atdm~inistrator maly deem necessary for th~e
purposes recited in Section 3(a) of the Act, which information and
reports shall be sulbmit~ted by members to such administ~rative or
government agencies as the Administrator may designate; pr~ovided
that nothing in this Code shall relieve any membr of th~e Industry
of any existing obligations to furnish reports to any government
agency. No individual reports shall be disclosed to any party ex-
cept to such governmlental agencies as may be directed by the Ad-
(d) To make recommendations to thie Administrator for the co~or-
dination of the administ.ra~t.ion of this Code with such other c~odes,
if any, as may be related to the Inmdustry.dsr nit iiina
(e) To secure from members of theInutynitDvio n
equitable and proportionate payment of the reasonable expenses of
maintaining the Divisional Code Authority and its activities.
(f) To cooperate with the ~Administrator in regulating the use
of any N.R.A. insignia solely by those members of the Industry in
the. Division who have assented to, and are complying with, this
(g) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the Indulstry in their relations
with each other or with other industries and to recommend to the
Administrators measures for industrial planning, including stabiliza.-
tion of employment.
* SECTION 9. Each Divisional Co~de Authority may establish for its
Division standard size of screens and of grades and of terminology
or any of them.
SECTION 10. Each Divisional Code Authority shall appoint a com-
mittee to meet with a committee of the Code Authnority of any relatedl
indulstry andl when son meetings to act as a, Coordinat~ion Board in the
determination of disputes over the jurisdiction of this Code. Such
committee of the Divisional Code Authoritp shall be equal in number
to the respective committee of the related industry appointed to thne
same Coordination Board. In addition to the members appointed by
the respective Divisional Code Authorities, each Coordination B~oard
shall have one member appointed by the Admninistrator with author-
ity' to vote in the event of a tie.
SECTION 11. Any business included in the definition of wholesaling
in Alrtic-le I, Section 2, of this Code, which has been by custom served
by the Retail Solid F~uel Indlustry in any tra~de ar~ea, shall be includled~
wthi he definition of "' retailing and any business included in
t~h deiniionof rtaiing" i Arice I, Section 3, of this Code,


which has been by custom served byT the Coal Dock Industry in any
trade area, shall be included within the definition of whlolesaling as
it ~applies to the Coal Dock Industry. Any dispute arising out of
these provisions and involv-ingr any related industry or industries for
which a Code of Fiair Comlpetition shall exist, shall be forthwith re-
viewed and determiinedt by the procedure established in the last pre-
ceding section, provided that no such determination shall prevent any
Coal Dock operator doing retail business, or thle converse.
SECTION 12. In ORse there should be a dispute between a Divisonal
Code Authority of this Industry and the Code Authlor~ity of any re-
lated Indlustry, the determination of which is not provided for by
Sections 10 and 11. of this Article, thie Divisional Clode! Authority
mray have thie power to present it for adjustment to the proper Code
Authority of such. related Inrdustry, and if the t wo C~ode Authorities
are unable to come to an agreement, the Divisional Code Authority
of this Indulstry may present it to the Administrantor for his decision.
SECTION 13. No provision of this Code shall be so interpreted or
so applied as to promote or permit monopolies or monopolistic prac-
tices, or to elimmate or oppress small enterprises or discriminate
against thnem.
SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the President or Adminlistrantor, in ac-
cordance with the provisions of Subsection (b) of Section 10 of the
Act, from time to time to cancel or modify any order, approval,
license, rule or regulation issued under Title I of said Act and spe-
cifically, but without limitation, to the right of the President, or
Administrator to cancel or modify his approval of this Code, or any
conditions imposed by him upon his approval thereof.
SECTI~ON. 2. Such1 of the provisions of this Code as are not required
to be included therein bLy the Act may, with the approval of the
ALdministrator after such notice and hearing as he shall prescribe,
be modified or eliminated in such manner as may be indicated by the
needs of the Public by changes in circumstances, or by experience
all the provisions of this C~ode, unless so modified or eliminated, shall
remain in. effect for such time as provided in Article IX hereof.
WCTithin each State, members of the Industry shall comply with any
laws of such State imposing more stringent requirements than under
this Code regulating the age of employees, wages, hours of wro~rk, or
health, fire, or general working conditions.
TIlhis Code shall become effective ten days after its approval by the
President and shall continue in effect until June 16, 19335, or until
such prior date upon which the President by proclamation or the
Congress by joint resolutions shall declare that t~he emergency recog-
nized by Title I of the Act is ended.
Approved Code No. 337.
Registry No. 701-35.


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