Regletry No. 701--0
NATIONAL RECOVERY ADMINISTRATION
PROPOSED CODE OF FAIR COMPETITION
COAL DOCK INDUSTRY
The Code for the Coal Dock Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry
GOVERNMENT PRINTING OFFICE
Eor emi by the Bpaprintendent of Documents, Warshington, D.C. + i- -r Price 8 cents
AS SUBMITTED ON AUGUST 25, 1933
WE DO OUR PART
CODE OF FAIR COMPETITION FOR COAL DOCK OPERATORS
UPON LAKE SUPERIOR AND LAKE MICHIGAN IN THE
STATES OF MIINNESOTA AND WISCONSIN AND THE
UPPER PENINSULA OF MICHIGAN
The undersigoned operators of coal docks upon. Lake Superior and
Lake M~ichigan in the States of M~innesot~a, Wisconsin, and the Ulpper
Peninsula of Mfichigan, being in number more than ninety-five per
cent of suich operators, and handling more than ninety per cent of all
coal handled over docks on Lake Superior and Lake Mlichigan in the
States of Minnesota, WVisconsin, and the Upper Peninsula of Miichigan
during t.he past four years, do hereby adopt and declare the following
Code of Fair Comlpetition, pursuant to Title I of the National Indus-
trial Recovery Act and because of it and the published declarations
of officers of government following it and to th~e observance of each
of the provisions of this Code the undersigned do respectively pledge
themselves and agree with each other to comply therewrith and they
respectfully solicit the approval of the President of th United States
to this Code:
A. The term "dock operator shall mean a person or corporation
on whose account coal intended for sale to others is received in and
removed from vessels to docks on Lake Superior atnd Lake Michigan
in M~innesota, Wisconsin, and the upper peninsula of Michigan ports.
Whenever in this Code the word "coal"' is used, it shall be takenr to
mean solid fuel handled over the docks from vessels.
B. A quantity consumer is a person who in the immediate past has
purchased his coal at wholesale from the dock operators, aend such
other persons as the committee selected pursuant to Section V~ hereof
may, subject to the approval of the President, define by general
definition as properlybeonging to the class of persons entitled to
purchase coal at wholesale prices from the dockis.
C. A retail dealer is one who (except in towns where coal docks are
located) has storage yards and facilities for weighing coal, and who in
any town continuously carries a stock of coal and continuously all
year conducts a regular retail coal business. A retail dealer in towns
where docks are located is one who may or may not carry a stock of
coal on hand but draws all or part of his supplies from a, docks or a
track yard retail dealer as needed and who continuously maintains a
regular office, served by a business telephone and who continuously,
all year, conducts a regular retail coal business; provided that nothing
in this section I-C or in Section VI[II-A contained shall preventan
person meeting the qualifications of a retail dealer as herein set foh
entering into and engaging in the retail coal business.
Nothing in this Code shall be taken to regulate or refer to the
conduct of a regularly established retail business of a dock operator.
III- WAGES AND HOUR OF LABOR
Forty (40) hours' work per week, averaged monthly, shall be the
maximum weekly work for labor upon the coal docks above mentioned
except mn cases of accidents or emergencies and except where longer
hours in a week are necessary in order to discharge cargo from waiting
vessels or to provTide for the necessities of dependent communities in
extreme weather. The minimum rate of wage per hour for labor
employed upon the coal dockrs shall be forty: cents (400). Overtime
shall be paid for at the rate of time and one third on the basis of an
No person under t~he age of 16 shall be employed on a coal dock.
IVJ-CONDITIONS OF EJMPLOYMLENT
"(a)> Every code of fair competition, agreement, and license ap-
proved, prescribed, or issued under this title shall contain the follow-
ing conditions: (1) That employees shall have the right to organize
and bargain collectively through representatives of their own choos-
ing, and shall be free from the interference, restraint, or coercion of
employers of labor, or their agents, in the designation of such rep-
resentatives or in self-organization or in other concerted activities
for the purpose of collective bargaining or other mutual aid or pro-
tection; (2) that no employee and no one seeking employment shall
be required as a condition of employment to join any company union
or to refrain from joining, organizing, or assisting a, labor orgatnization
of his own choosing; and (3) t~hat. employers shall comply with the
maximum hours of labor, minimum rates of pay, and other conditions
of employment, approved or prescribed by the President."
V--ADMINISTRATION AND PRICES
The dock operators shall by a, majority of the industry in tonnage
and in number select a committee of six, three members from Lake
Superior and three members from Lake Michigan, who, subject to
the approval of the President, shall from time to time fix the mini-
mum prices at which the coal shall be sold. Such prices shall be the
cost of the coal and its handling and sale, plus a, reasonable profit
thereon, including a reasonable. return upon the investment of the
operators in the docks and in the coal, except that in special cases
and for the sole purpose of meeting the competition of other forms of
energy or of coal from other sources, the Committee may, subject to
t~he approval of the President, fix a lower price. Majority of tonnage
is to be. computed upon the average tounage shipped by each operator
from its dock or docks in the past four calendar years.
AI single forml of sale contract is prescribed by the Committee
hereby provided for, subject. t~o the approval of the President, shall
be used by the coal dock operators to cover all contracts exceptt public
contracts') for the sale of coal to be delivered at dates more than thirty
days subsequent to the date of contract.
T'he Committee in this section provided for may appoint district
committees to deal with purely local matters and make recommen-
dations to thie Committ~ee for its approval.
Subject to the provisions of the Executive Order of July 15, 1933,
complaints of violation of this Code may be made by any person to
the Committee hereby established.
Any member of the Committee may appoint a proxy ini his place.
WVhere existing facilities for t~he distribution of docki coal are ade-
quate to the needs of the territory served by the docks, no additional
docks shall be established and no additional contracts for handling
coal over the docks for resale w~ll be made except pursuant to resolu-
tion of the Committee established pursuant to section V' hereof.
Provided that each refusal of the Commlittee to permit such additional
docks or contracts shall be subject to the approval of the President.
And further provided that dock; operators may at all times in thie
interests of efficiency and economy handle coal for other dock com-
panies now engaged in the dock business.
Nothing in this section shall operate to restrict a dock operator in
securing its bona fide coal supply.
Dock operators operating under this Code shall furnish the Com-
mittee established by section V such information and reports as to
the handling and sale of coal as in the judgment of such Committee
is deemed necessary and expedient to enforce the provisions of this
Code. Such Committee or its representatives shall have the right
to inspect the sales contracts (including sales contracts entered into
prior to the effective date of this Code), books, records, and corre-
spondence of the dock operators subscribing hereto, insofar as such
contracts, books, records, and correspondence have tod do with matters
relevant to this Code. Provided, however, that all reports and infor-
mation furnished by dock operators to or obtained from their con-
tracts, books, records, or correspondence by such Committee or its
representatives shall not be divulged to anyV other dock operator nror
to any other person, except as it mnay be necessary to divulge such
information to enforce the observJance of the provisions of this Code
or with a bona fide purpose to enforce such observance, or except as
the dock operator in question shall consent to such publication.
Any of the following acts are violations of this Code:
A. The sale of coal by dock operators other than to quantity con-
sumers or retail dealers or other dock operators or otherwise than
directly to them.
B. Terms of sale shall be strictly adhered to and the payment or
allowance (in the event of changes in the price of coal or otherwise)
of rebates, refunds, credits, concessions, or unearned discounts,
whether in t~he formi of money or otherwise, upon coal or other goods,
or extending to certain purchasers any services or privileges not'
extended to all purchasers under like terms and conditions.
C. The predating or postdating of any- invoices or contract for the
purchase or sale of coal except to conform to a bona fide agreement
for the purchase or sale entered into on the predate.
D. The intentional misrepresentation of tnalyses or sizes, or the
intentional making, causing or permitting to be made, or pubjlish~inig
of any false, untrue, misleading, or deceptive statement, by way of
advertisement, invoice, or otherwise, concerning the size, qua~nti~ty,
character, nature, preparation, or origin of any coal bought or sold.
E. Any attempt to purchase business, or obtain information con-
cerning a competitor's business by gifts or bribes.
F. The making of, or causing or permitting to be made, any false or
deceptive statements, either written or oral, of or concerning the
business policy of a competitor, his product, selling price, or financial,
business or personal standing.
G. The unauthorized use, either in written or oral forms, of trade
marks, trade names, slogans, or advertising matter already adopted
by a competitor or deceptive approximations thereof.
H. Inducing or attempting to induce, by any means or device
whatsoever, the breach of contract between a competitor and his
I. The prepayment of freight charges with the intent or with the
effect of granting discriminatory credit allowances.
J. The sale of coal to a, purchaser whose account with any dock
operator has been past due for more than forty-five days, except for
Icash, except as permitted by action of the Committee selected pur-
suant to Section V hereof.
K. The giving in any form of adjustments, allowances, discounts,
credits, or refunds to purchasers or sellers of coal for the purpose or
with the effect of altering retroactively a, price previously agreed upon
mn such a manner as to create price discrinunation.
L. 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 com-.
manding a higher price, will be delivered, or delivery of coal inferior
to that agreed to be delivered upon a sale.
MI. Delivery of coal by trucks from docks at less than publishedl
price plus the cost of delivery as defined by the Committee selected
pursuant to Section V hereof.
Dock operators other than the signers hereof may join in agreement
to this Code upon application of such dock operators to the Commlit-
tee, and upon advising the National Recovery Administration thereof.
Those wrho agree to this Code accept their share of the cost and
responsibility as well as the benefit of such participation. No initia-
tion or entrance fee shall be charged, but there shall be levies by the
Committee selected pursuant t.o Sect~ion Y' hereof upon t~he following
Two (2) mlills per ton of coal shipped from the docks by each
operator during the preceding calendar year, such levies to be from
time to time adjusted by the industry to meet the cost of administering
Other or unusual assessments, if any be made, shall be levied on
the same basis, provided that a majority of the industry approve the
amount of such assessments. A list of the names and addresses of
all persons subscribing to this Code, and so far as ascertainable of
all dock operators as above defined, shall be kept on file, open to
inspection, at the Committee.
Nothing in this Code is designed to promote a monopoly or to
eliminate or oppress small operators.
This Code and all the provisions thereof are expressly made subject
to the right of the President, in accordance wvit~h the provision of
Clause 10 (b) of the National Industrial Recovery Act., fromt time to
time to cancel or modify any order, approval, license, rule, or regula-
tion, issued under Titlee I of said Alct, and specifically t~o the right of
the President to cancel or modify his approval of this Code or any
conditions imposed by him upon his approval thereof.
XI. TERMZINATION AQND AMENDMIENTN
This Code shall remain in effect until the expiration of the Na tional
Industrial Recovery Act; but after three months from the approval
hereof by the President., the subscribers to this Code may withdrawn
from it, by action of the majority of t~he industry. A meeting of all
t~he dock operators will be called at any time by the Committee upon
t~en days' notice and at a convenient place upon the written request
of not less than five dock operators, for the purpose of revising,
amending, or supplementing this Code; and any revisions, amendments,
or supplements adopted at any such meeting by a majority in number
and in tonnage of those present at the meeting shall, subject. to the
approval of the President of the United States, become a part of this
The subscribers to this Code endorse the following statement of
the President of the United States:
"Increased costs resulting from this G~overnmen t-inspired move-
ment may make it. very hard for some manufacturers and jobbers
to fulfill some of their present contracts without loss. It will be a
part of this wide industrial cooperation for those having the benefit
of these forward bargains (contracted before the law was passed)
to take the initiative in revising them to absorb some share of the
increase in their suppliers' costs thus raised in the public interest"--
and therefore the Commlittee established pursuant to section V~ hereof
is constituted an agency to assist in effecting the adjustments referred
to in the foregoing statement.
The Committee established pursuant to section V hereof and unani-
mou'sly elected by the subscribers to this Code at their general
meeting consisting of the followingo persons:
Joseph W. Simpson, President, Mlilwau kee-WFestern Fuel
Company, Milwaukee, Wisconsin;
William A. Reiss, President, C. Reiss Coal Company, She-
E. P. Smith, President., Central West. Coal Company, M~e-
UNIVERSITY OF FLORIDA
6 3 1262 08855 5775
E. N. Saunders, Jr., Presdient, INorthwesteriffddb0
St. Paul, Minnesota;
E. S. KCendrick;l President, Inland 'Coal & 'DbdM
Minneapolis, Minnesota;; : i-.. .
F. O. Brandt, Vice President, Northern Coal & Dock Co- .------------------
pany, St, Paul, Minnesota;
may be addressed at 602 Endicott Building, St. Paul, ~Minnesota -;or
individually at the above addresses.