Code of fair competition for the inland water carrier trade in the eastern division of the United States operating via t...

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Material Information

Title:
Code of fair competition for the inland water carrier trade in the eastern division of the United States operating via the New York Canal System as approved on February 6, 1934
Portion of title:
Inland water carrier trade in the eastern division of the United States operating via the New York Canal System
Physical Description:
p. 281-294 : ; 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:
Inland water transportation -- Freight -- 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. 1417-14."
General Note:
"Approved Code No. 266."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952426
oclc - 658003008
System ID:
AA00007028:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION



INLAND WATER CARRIER TRADE

IN THE EASTERN DIVISION OF THE

UNITED STATES OPERATING VIA

THE NEW YORK CANAL SYSTEM


I '
Hirb al Iby theSupritednde of Docuents Washlagian, D.C. 1 Price 5 cents


Approved Code No. 266


Registry No. 1417--14


AS APPROVED ON FEBRUARY 6, 1934


ER DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFBICB
WALSHINGTON: 1984


























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass. : 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, SOC.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Deftroit, Mich.: 801 First National Bank Building.
H~ouston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamnber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 11631 South Broadway.
Louisville, K~y.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Miinneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A1, Custombouse.
New York, N.Y.: 734 Custombouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa:: 422 Commnercial T~rust B3uilding.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San F'rancisco, Calif.: 310 Customuhouse.
Seattle, Wash. : 809 Federal Office Bluilding.













Approved Code No. 286


COD)E: OF` FAI[R COMI!PETI[ITI[ONP~
FOR THEE

I[N L AND F WAT~E R CAIe RRIE~R l:ETRA D E IN J 13 THE
EASTCEIRN DIVISIONJ OFi TIE: UNITED STATES
OPE RATI NG VIA TH TEm NE YO RK C ~ANPi A L
SYSTEM

As Approved on F'ebruary 6, 1934




APPROVNIG CODJE OF FAIR COMPETITION FOR THfE INLAND ATER~ CAR-
RIER TRAD IN. THE EASTERN DIVISION OF TH 1[NYPE STATE
OPERATING VIA. THE NEW ~YOIRK GANALz SYSTEM
Ant application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a, Code of
Fair Clompetition for the Inland WT7ater Carrier Trade in the Eastern
Division of the UCnited States operating via the New Y~orkr Canal
System, and hearings having been duly held thereon and the an-
nexedl report on said Code, containing findings with respect thereto,
having been made and directed to the President:
NOW, THEREEFORE, on, behalf of the President of the Ulnited
States, I, Hug~rh S. Johnson, Admninistrator for Industrial Recovery,
puruan toautorty estd i mebyExecutive Orders of the Pres-
ident,, including Execultlve Order N.64-,dtdDcme 0
1933 an oterwse; o hreb inorprate by reference said an-
nexed report anrd do find that saidCoeomlsinllrpet
with the pe~rtinent provisions and will promote the policy and pur-
PCoies of soutl Title of said Act; and do hereby order that said Code
of F~air Complletition be, and it is hereby approved.
Eve 8. JoHNSON,
Adm~inistratoafr for Ind~ustrial Recovery.
App'roval recommcndled :
K~. blf. SIMIPSON,
Divis~iol Admzinistratror.
TI'.\srSHInG'IsN D.C.
Fecbruary~r 6, 193c;.


3 YGrG4 "- 376-24 --84


(281)














REPORT TO THE-E PRESIDENT


The PRESIDENT,
The WThite Hou~se.
SmR: The Code of IFiair Competition for the Inland W;1at~er Carrier
Trade in the Eastern Division of the U~nited States operating via
the New York Canal System has been duly assented to by the pro-
ponents of the code, th~e Canal Carriers Association, representing
over 90%/ of the operators in. the Trade. The Public H-earing; was
conducted in Washington on November 27, 1933, at which time
every person who so requested was fairly heard in accordance with
the usual procedure. The Code has th~e approval of the Industrial,
Consumers', and Labor Advisory Boards of the National Recovery
Administration.
DESCRIPTION OF THIE TRADED

A~s defined in the code the trade embraces a specialized operation
by means of which a substantial portion of the commodities moving
between the Atlantic seaboard and the Great Lakes region are
transported by way of the New York Canal System and the Saint
Lawrence River.
The code is designed to be coordinated with a proposed code of
fair competition for the Inlland Water Carrier Trade in the United
States which may become a section of a general code of fair compe-
tition for the Shipping Industry.
RnURIsma OF THE CODE:

ARTIcra I.--States the purpose.
ART. II.--88tS forth definitions.
Ana. III[.--Provides for coordination with other transportation
codes or regulations.
Ana. IV.--Provides for participation by members of the trade.
AnaT. V.--Eliminates child labor, contains the labor provisions re-
quired by th~e Act, provides an Industrial Relations Board to deal
with matters relating to labor disputes in the trade.
ART. VI.--Provides a maximum average of 43 hours weekly for
shore employees other than. watchmen who are permitted to work:
56i hours per week. The maximum hours of labor for vessel em-
plolyees will be in accordance with the revised schedule of wage
scales and wiorkiing conditions to be presented for the approval of
the Administrator within 60 days after the effective date of the
Code, or before the opening of navigation. Ship-keepers and em-
ployees in a managerial, supervisory, or executive capacity are ex-
emnpted from the maximum hour provisions. In an emergency all
employees may be texempted from the maximum hour provisions
(282)







283


if compensated for sulch additional time workred at one and one
half timesth normal1 rate? of pay.
ART. VII.-Provides a minln mum of $15.00 per week; for Ihore
employees excep~ting office boys and girls who mlay be compnllslated1
at 80% of that amount. Provision. is mlade for a comprIehenlsive sur-
vey of the labor conditions and rates of pay on bord~ shnip and pro-
vides for th~e establishmennt of an adjusted sched-ule of .minimumir i
wnages; and w~orkcing conditions dlesigneld to better effectuate the
policies of the Act.
An-r. VIIII.---Provides for the establishment of mninimnum rates,
fares, and charges as part of a general plani for coordinating inland
waterway transportation with other tranlsportatio n media and Iregu-
lating thiat portion of the trade not now supervisedl by State or
Federal r~egu~latory bodies.
Ana. IX;I.--Requires t'he filing of statistics as required b~y the Coder-
ALuthor1ity', the Adlministra~tor, or other Federal and Sctate agrenewrs.
AnaT. X.-]Provrides for the election anid duties of thie Codet Au-
thori ty.
AIRT. XI.I;-S~ets forth trade prac~tice,s that are considered unfair
methods of competition.
Ana. XII.-Provides a ~n~ins moniopolies andl monopolistic p~rae-
tices or th elinumation o oppr~ession of, or discrulnination against
small enterprises.
Ana X~III.,-Provides for, in accordance with the provisions of the
Act, the cancellationl or mlodifiention of an-y order, license, rule, or
regulation issued hereunder, by the President of the United States.
AnT. XIV.-I\~s designed to limlit the possibilities of frustrating
the intent and purpose of the code and its stabilization claulse when
long-term contracts exist.
Ana. XV~.--Declares the co~de to be effective 10 days after approval
except as provided in Article XIV, Section 1.
LABOR PROV'ISIONS OF TH~E CODE--POSSIBLE REEMPLOYMENNT

Stabilization of this trade w~ill in all probability provie ao small
amount of additional employment and benefits wl cret hp
building and ship repair y'ardls for rehabilitation of old equiipment.
The codeA sets a. maximulm of -14 houlrs for shorep employees drilrngr the
peak season, representing a decided drop from the 60 hours p~re-
viously worked in some instances. The number of shore employees
is so small, how\evcr, thlat probably not more than 50 additional shore
employees will be emp~loyedl as a result of this maximum hour
provision.
In thle case of vessel employees, due to thle complexities of vcrssel
operations and the limited facilities for berthing rwi a o
deemed practical to attempt a dranstic change in th rewsent wschedul
of hours without first m~akingr a comprehensive survey of the labor
and operating conditions in the trade.
Provision has been made in the code for this suxrvey wPhich chanrees
the Code Authiority w~ithi the responsibility of submitting to the Ad-
ministrator within sixty days after the effective date of thle code
a revisedl scheduledl of milimum wageS and working~ conditions
aboard vessels in the trade which will t~endl to better effectuate the







284


policies of the Act. This survey will be completed before the open-
ing of navigation in the spring.
The code further provides the establishment of an Industrial Re-
lations Board to deal with matters relating to labor disputes.
WAGES

The code provides a minimum of $15.00 per week for shore emn-
ployees with the exception that offce boys and girls may be com-
pellnated~ at 80%0 of that amount. Few employees in the trade
are compensated at these minimum rates. The code will effect little
increase in wagres for shore labor except in the case of watchmen
who are assured of an increased pay envelope for a 30%r shorter
w~eek.
GENFRAL6 ECONOMIC EFFECT OF THE CODE

For the purpose of cooperating in a general plan towards the
stabilization of the transportation industry as a wophole the code pro-
vides for the ectabllslanentll of minimum rates, fares, atnd chargr~es
for that portion of the trade not nowc regulated by State or Federal
regulatory bodies.
Provision is made for such minimum rates to be established by
the majority vote of the members of the code, such minimum rates
are, however, subject to the disapproval of the Administrator before
becoming effective.
When effective these mninimnum rates may be protestedl when it is
felt that they are discriminatory and the Administrator in event of
protest shall consider the examination and recomlmendartionr of the
Division of Regulations of the Unitedl States Shipping Bureau, De-
patrtment of Commerce, or th~e Interstate Commerce Commission,
before mlakring his final decision.
The Deputyv Administrator in his final report to m~e on said Code
having found as herein set forth and on the basis of all thre
p'rrcedcings~ in this matter:
I find that--
(a) Said Code is well designed to promote the policies and pur-
poses-of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of inters~tate and foreign.
commerce which, tends to diminish the amount thereof aend will pro-
vide for the general welfare bly promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by elimi-
nating unfair c~ompe~ctitive practices, by promoting the fullest' possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production, by increasing the consumption
of industrial and agricultural products through increasmyg purchas-
ing: power, by reducing and relieving uanemployment, by Improving
standards of labor, and by otherwise rehabilitating industry.
(b) The Inland Wiater Carrier Trade in the Eas~tern Division of
the United States, operating- via the New York Canlal System nor-
mally employs less than. 50,000 employees; and is not classified by me
as a major industry.







285


(e) The Code as appr~ovedl complies in all respects wFith the perti-
nont prov-isions of said~ Title of sa id~ Act, including without limitations
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (6)> of Section 10 thcrcof; andi that The Canal Carriers Asso-
ein tiont i atre grupn ; tru~ly repr esenlt ative of the aforesaid Tradel ~;
and tat Th Can l Criers~ A\ssociation imnposes no inequitable
res~tr~ictionss on admission to membershC.~l ip) thiereini.
(d) The~ Codle is not desrignedc to alnd wNill not permit monop~olies
orr monopolisti c prnc~tices.
(e) Thle Code is nlot desigrned to and will not eliminate or oppr~ss
small enterprises and will not operated to d'iscr~iminate against them~.
(f) Thlose enngaged in. other steps of the economic process have not
beenu deprivecd of the I~~rght, to be herard prior to approv-al of saidl
( odec.
Re pcctfuilly,
HeanH S. Joussow,
A dmlliris :rat or.
FEBnRUARY 6, 1934.










CODE OF FAIR COMPETITION FOR THE LAND WATER
CARRIER TIRADIE: IN THE EASTERN DIVISION OF THIE
UNITED STATES OPERATING VIA THE NEW ~YORK(
CANALL SYSTEM
ARTICLE I---PURPOSE

To effectuate the policies of Title I of the National Industrial
Recovery Act the following provisions are submitted as a Code of
Fair Competition for the Inland Water Carrier Trade in the East-
ern Division of the UJnited States operating via the New York: Canal
System and upon. approval by the President shall be the standard
of fair competition for such. trade and shall be binding upon every
member thereof.
ARTICLE II--DEFINITIONS
Eastern D~ivision of the United States includes all inland
wartters within thle territory between Eastport, Maine, and K~ey West,
Florida, westwcard to, but niot including, the M~ississippi waterway
system or the Great Lakes, but including the St. Lawrence RIiver.
"' Inland Water Carrier Trade or "L trade ", as used herein, means
the transporting of freight or passengers by water via the New York
Canal system or the St. Lawrence River to or from ports in the
Eastern Division of the United States and the Great Lakes, includ-
ing intermediate ports on the New York Canal Slystem, but exclud-
-ng, however, the trade engaged solely in the transportation of
petroleum products.
"' MSember of the trade includes, but without limitation, any indi-
vidual, partnership, association, corporation, or other form, of enter-
prise operating owned or chartered vessels in the trade either as an
employer or on his or its behalf.
"L Member of the Code means any member of the trade to whom,
in accordance with the provisions herein, a Certi~ficate of Participa-
tion has been issued.
"LAct ", "'Administrator ", and "L President ", as used herein, means,
respectively, the National Industrial Recovery Act, the Adminis-
trator for Title I of the Act, and the President of the United States.
Emlergrency means that situation whereby a danger or menace
to the safe ty of a vessel, cargo, life, or property exists, or where thie
interruption of continuous processes would invoke an undue hard-
ship upon a, member of the trade by undue and exccessive increase
of operating costs.
Employee means any individual engaged in the trade, however
compensated, except a member of thne trade. Shor'e employee "
means an employee in the trade who is not a member of the crewcl
of a vessel, and "L vessel employee means an employee in the trade
who is a member of the crew of a vessel.

ARTIcusE III-COORDINATION

1. The A~dministrator may at his discretion make~ this Code a
division or subdivision of a general Code of Fair C" petitionn for
the Shipping IndustryT.
(286)







287


2. "The Adlministrator mlay coordlinate thre provisions of this Code
of Fai`ir Competition withl rela~ted regulations, codes, or sgreemuents,
respecting other transportation media.
AR(TIC'LE IV-'CPARTICIPAIN
1. Avny member o~f the trade shall be eligible to r~ce~ive a Cort ifi-
cate of Pa;rticipationl by filings writtenl assenlt. to the provisions of th~is
Cod an areengto sharle in the proportional expenses thlereof as
pr~ovidedt for in. Appenldix I.
2. Commnemgncl th~irty days after the effective date of ths Code
every bill of lading, dock receip~t, or other shipping dloculment issuedl
by a member of the Clode shall bear the following notatio~n: Sub-
scriber to, and participant in, the Code of Fair competition for the
Inland W~ater C~arrier Trade in the Eastern Division of the United
States operating via the! NEew ~York Canal System No. -."'
Annou V--GEN ERAL LABOR PROVIsION-s
1. Emlployees shall have the right to organize anrd bargain collec-
tively through representatives of their ow choosing, and shall be free
from the interference, restraint, or coercion of employers of labor, or
thec~ir agents, in. the designation of suxch representatives or inl self-
organization or in other concerted activities for the purpose of col-
lective, nbargining or other mutual aid or prot~ction1; no employee
aInd no one seeking employmentn shall be required as a condition of
employment to jomn any company umron or to refrain from joining,
organizingr, or assisting a labor organ ization of his own choosing; eml-
ployers shall comply with the miaximum hours of labor, miirnumu
rates olF pay,' and other conditions of employment, approved or
prescribed by the Presuident.
2. NTo member of the trade shall employ any person under eighteen1
years of ag5e; provided, however, that persons sixteen years of age
or ovr may be; engaged as offce or clerical employees.
3. NTo employer shall reclassify employee, or duties of occupations,
or engage in. other subterfuge in such manner as to defeat. th~e pro-
visions and purpose oif the Act and of this Code.
4. No provision of this Code. shall supersede any State or Federal
lap wphic~h imposes more! st~ringuent requirements regulat~ing the age(
of employees, wages, hours of work, or safety, health, sanitary, or
general wrorkinga conditions, or insurance or fire protection, than are
providled her~ein.
5. mplyer shll ost copies of t~he ]parts of this Codte pe rtatin-
ing to wag~eshors Fofl Inbor andc general labor p~rovisions in plalces
accessible to their employees.
6. There shanll be eta~lblirshed by the Admini~strantor anl Indutlr~ial
Relations Board for the trasde consistingo a qulnmbrofrp
resentatives of emp~loyers andi empiloyecs t~o dleal writhll~ ma1 ntte~s in
the trade reint~ingr to Inbonr disputes. The)i creation andl finc~tioniing~r
of this Board, includling the selection of the repr iesenctatives of em
playees, shall be in accordance w~it.h~ Section 7 ofheAtWhra
maijority ncgreemelnn t tenant, be reached the Boiardl shlll scelrc~t or in
t.he evenit orf no selection thie Admlninistra;to shall1 appoint, an im-
partial chairman to recnde~r a decision. If no truly rep~resncltat\tiv







288

labor organization exists the employee members of such Board may,
upon request of the Administrator, be chosen by the Labor Advisory
Board of the National Rtecovery Administration. TIhe employer
representatives shall be chosen by the Code Authority. The Indus-
trial Relations Board may establish such subsidiary agencies consti-
tuted in like manner as it finds necessary. This section shall not be
deemed( to provide final arbitration of labor disputes unless both
parties thereto assent.

AnnoLE VI HOURS or LABOR

1. No shore employee, except outside salesmen, solicitors, and
watchmnen shall be permitted to work in excess of forty hours in
any one week, between December 1st and April 1st; nor in. excess of
forty-four hours in any similar period between April 1st and
D4ecemlber 1st.
2. No shore employee engaged in the capacity of watchmcan shall
be permitted to wRork in excess of fifty-six hours in an~y one weetk.
3. The provisions as to hours of labor as provided herein shall
not apply to those employees in, a mnanagaerial, supervisory, or execu-
tive e~npa;city who receive $35.00 or more per week; or to ship keepers
on vessels in laid-up or inoperative status.
4. The maximum hours of labor of vessel employees shall be in
accordance with the schedule of working conditions provided for in
Article VTII, Section 5.
5i. The maximum hours of labor prescribed herein shall not apply
to any employee engaged on emergency work, provided that any
employee required to workr additional hours under the exemption
allowed by this article shall be compensated for such additional time
worked at one and one half times the normal rate of pay.

ARTIOLE VTII-WAGES

1.. No shore employee shall be paid at the rate of less than $1;5.00
per week except office boys and girls who mnay be compensated at not
less than. eighty- percent of that amount, provided that the total
number of those so compensated shall not exceed five percent of the
total number of office employees withn a minimum of two.
2. No shore watchmen shall be paid less than forty cents per hour.
3. The minimum monthly rate of pay for vessel employees with
subsistence 1 and suitable living quarters shall be as follows:
Class of vessel I Class of vessel
RankTugMotor Non- Rn u Motor Non-
or pro- or pro-
steam pelled steam pelled
vessel vessel vessel vessel
Captain__. .._._.._...... $200. 00 :$200. 00 $90. 00 Cook and steward........l $70. 00 $70. 00 ......._
Ma te~~~.__-_............... 150,00 150. 00 1--......- Mess boys................( 60. 00 50. 00 ....
Deck hand ... ......._.. 60. 00 50. 00 i-........ W atchmnen ............. .... 70. 00 ....
Chief engineer ... ..__ 160. 00 160. 00 1_........ W~heelsman.............. .. 90. 00 __..
First assistant engineer. .l 140. 00 140. 00 ........., Oilers....................I 70. 00 70. 00 .. .
Second assistant engineers 125. 00 125. 00 ........._ Firemen .............,- 70. 00 70. 00 ..
Radio operator. ... ...l 90. 00 90. 00 1-........ Ship keepers 1............ 40. 00 40. 00 $40. 00
1 This rate allowed only on vessels in laid-up inoperative status.
1Not provided to employees on nonpropelled vessels or ship keepers.







289


The foregoing minimum wage schedule shall be effc~ctive onlyr
until superseded by an adjusted wange scale als p,?rvidedcr for herein,
provided however, that in no event shall rates of pay existing
Nrovember 15, 193;3, be reduced.
4. W~ith~in 10 days after the effective dante of thfis Cod~e each.
member of the? trade shall submit a report to the Code Autholr~lity on
the wages and wor~kingr conditions in effect onl the ves e;C~ls operated
by that member.
5i. Thie Code Authority upon receipt of this infol~lrmat on shall
compile an adjusted sched-ule of mlinlimumtl \\.lrS for all c~lassificatinsin
of vessel employees on all type of \essels operantingr within the
limits of this code, and compl a schedule of working icondritions
which wrill tend to better effecctate-c the dtedcea~d policy of the Act.
The Code Auth-ority shall subm~nit such schedulelt of wages and workc-
inlg condritionls to the Administr~ator within sixty dalys after thle
effective date of thiis Code.
6. Such schedule when approvedc by the Admririn;!ilt(rar shall be-
come a part of this code and a v-iolatio~n there~of by a memlber of the
trade shall be a violatiojn of the code.

-1RTICLE VIII--TIaeRrsF

The I~nland Water Carrier Trale. has been in a ch~notic: state for
a nulmber of years duet to the serious andl ulnre~tr~ai ned competition
both from within thle trade itself and with comipetinig tr~ansportation
media. To end these destructive practices provision mnust be madnte
for the esta~blishmnent of minimumn rates, fares, andchartnlges by the
members of the trade.
That a nleed for such regulation exists is borne out by a report
of the Inte~rstate Commerc~e Cor-mmission of Augustla 5, 1033,~ which
reads in part -
the unrc~trained and decstr~uctlive competition between motor carr-iors, between
walter ca~rriers, and of both with rail carriers. is not only hearing: an unduly
depresscing ~ffec~t upon the revenues of the rail carriers but is exe~rting a
disorganizing influence upo business in ge~neral and tending to prevent the
malintenannce of a stble and nondiscriminatory rate adljustmnt~n by the rail
carriers. Thcse conditions will undoubtedlyc( J1 exist as Illee as interstate motor
and water carriers are exa mplt from req~luir~ement that their rates he published
and ma;intainc ed on a reasonably stable and nondliariminaItory basis.
Until such time as thle Congress hias been ctnabled toi study such
recommenidations as may be! submitted to it and enact appropriate
legislation, the~ follow~ingr prov\inions~ are mladfe inr this Codel of F~air
C'ompetitioni for the pulrposte of effecting stab~ilizationl of the trade.
1. (a) Thle Code Authlorityr shall imnmedliately designate a Tariff
Committee c~omporced of three membllers of the Codle to deal with
rates, fares, and charges. Thiis commillttee shall endeanvor to effect
agreements witht compe~c.ting tra~nrlportation media on. a differential
basis undecr rail rates, andl shall :rive duel reg~ard to the lowFest
reasonable cost of service in dtlcermlininf minimumr taritff.
(b) Suc!h lo-e~st realsonlell~t csct. haill co~mpre!hend fair anid reas-
onable rates of pay to labor andi include all othe itemsr of expense
and overhead as decterminedl by c~ost-necounltin r mecthods applroved
by the Code Authority andl by the Adrministrator.







290


2. The members of th~e Tariff .Comnmittee shall make an analy-sis
of the tariff situation and shall obtain fromn the members of thie
trade the data requisite to enable the Committee to takre into account
the factors necessary to the determination of such minimum tariffs.
3. The Tariff Committee shall submit to the members of the trade
the proposed~ minimum tariffs within. sixty days from the effective
date of the Code. Upon approval of a three-fifths majority of the
members of the code, who shall vote upon the basis of tonnage car-
ried during the preC(celin~ ;year, or as otherwise determined by thle
Code Authority subject to the approval of the A~dministrator, these
minimum tariffs, after approval by the Code Authority, shall be
filed with the Adlministrator and become a part of this Co~de subject
to the review and disapproval of the ~Administrator. These mini-
mum tariffs shall, however, be subject to review and modification
by thle Aidministrator in event of protest.
4. Should the necessity for such review arise, the Administrator
shall consider the examination and recommendation. of the Division
of Regulation of the U~nited States Shipping Board Bureau of the
Department of Commerce or the Interstate Comnmerce Commission.
The decision of the Administrator, however, after such notice and
hearing as he may specify, shall be final.
5. Nothing hlerein shall apply to rates, fares, or charges estab-
lished under the jurisdiction of FLiederal or State regulatory bodies.
6. Adjustments of these minimum tariffs may be made at any time
by the Code Atuthority in the manner as hereinbefore provided, sub-
ject to review and disapproval by the APdm~inistrator.
7. To meet foreign competition the Code Authority may asit
appearneearrdcthmiiu trisprvddoreem
and shall notify thne Administrator of such reduction.
ARTICLE IX-STATISTICS AND REPORTS

1. Members of the trade, when requested, shall furnish to the
Code Authnorit~y such information as may be necessary for the proper
administration of this code, and to acquaint and kreep the President
informed as to the observance or nonobservance of the provisions of
this code, and as to whether such members of the trade are effectu-
ating and taking the necessary action to attain thne declared policy
of the Act, and these data shall be available in the office of the
secretary of the Code Authority for inspection by the members of
the code.
2. The Code Authority shall not require a member of the trade to
disclose trade secrets or names of customers.
3. Failure of any member of the trade to furnish the information
required by the Code Authorit~y, substantially in the form requested,
shall constitute a violation of the code.
4. Members of thne trade, however, sha~ll have the right to refuse
to divulge informalntionl of a confidential nature to anyone except the
AL-dministrator.
5. The Code Authority or the Administrator mnay verify~ the infor-
ma-ltic.n furnished by any member of thne trade through an exammna-
tion of the pertinent records of such member by a dismnterested certi-
fied public accountantnn designatedl by the Code -Authorit~y or by the







291


Admniin ist rat or. The cost of such verification shall be considered an
expense of admninistering th~e codel. The Admlinistr~tor mla~y also
v-erify informaiitioni furnishedl by~ a mlemlber of the trade th~roug~h his
own agents.
6. In addition to thle informnati-n r~equir~ed to be submnitteld to the
Code Authority there shall be fur~nirhed to Flederal andl State
agencies such statlt.i~bient informantioni as the Adm~rinis;trato r mnay deemri
rlecessary~y for the! purposes, C recited~ in Section 3 (a) of the Aict; pro-
vided,, that. nlothling in this Code shall relieve any member of the trade
of any existing o~bligatiojns to furnish reports to any government
agency.
ARTCLE S -AD)INIS TILITIOjN

1., For th~e purlposes of admrinistrantion of this c~od~e there shall be
constitu~ted~ a C~ode A~uthority c~onsistin~g of not mocre than, five mem-
bers to be elected~ from the m~emnbers of the trade as hereinafter
prov-ideld.
2. The Ad~tministr~ator in his discretion mnay appoint. not more thran
three addiitional members wilithout v~ote to represent such groups or
gov-lnernmenta agencies as he may designate. Such m-embercis, if and
when appointed, shall serve for a term of from. six mlonlths to one
year, andl their appointments shall be so ar~range~d that they shall not
expire at the. same time.
3. 'The~ memlbe~rs of th~e Code Aulthor~ity provided in Section 1, shall1
be elc~tedl by the~ eligible members of the trade within ten d~y-s after
the effective date of the Codle, under the auspices~ of the Tra~de Atsso-
ciatio~n submittingr the code. Three members of the Code Authority
shall be! elected, the basis of voting to be tonnage carried during theF
precedt''ing year; two members of th~e Code Aulthority shall be elected
by a ma~jorit~y of the eligible members of the trade, each member
calstinI one vote.
4. Ibn ordler that thle Code Authority shall1 at all timeS be truly
r~epresentativecs of the trade and in other respects comp.,ly with thle
provisions of the A~ct, the Administator mnay p~rov-idel such heariners
as he may deem~ proper; and thereafter if he shall find that th~e Code
Aurthlority is not truly rep~rese~nntatie or does not in. other retsper.ts
complyl with thle pI~roisions of the Act, m~ay require an alppropoul~te
mnodlifcicatio in th~e methodl of setrlection of the Code. Author~ityr.
5. E~ach tr~ad~e as~sociatio-n directly or indirectly participating in. the
selection or aIctivities of the Code Authority sha:(1 impose no
inequitable restrictions on memlibership>, and (2) submit to the Admini-
istratorr truie copies of its articles of asso~ciatio~n, hySla~ws, r~egulations,
and any~ amnend~ments w~hen made thereto, toge~thclr with~ such other
information as to mnembe.,rship, organization, andl nctwvities as thle
Adminillstrator mnray deem necessary to ethect.uate the p~urpiose of the
Aict.
6.Th Cd Athriyshall h~aver all the du~tie~s and powetrrs per'-
miittedl by tie Aict, inc~ludnbtwtou.lmtto, h aigo


or investiga:tions as mayg be ncessa~r-y~; andI .shlnl coolperate: withkr thne
Adm`iniist nto~r., w.ith ful~l powrl~c to represel~nt thle trade~ inl elfec!tuating
the policies of thle A~ct. and thent prov'\i'ions of this clodc.







292


7. If the Administrator shall determine that any action of the
Code Authority or any agency thereof is unfair or unjust or con-
trarly to the public interest, thne Adminmistrator may require that
such nctionl be suspended for a period of not to exceed thirty day
to afford an opportunity for investigation of the ~merits of suc
action and further considera~tionl by suchn Code Aiuthority- or agency
pending final action, which shall be taken only upon approval by the
Administrator.
8. Nothing contained in this code shall constitute the mlemblers of
the Code Aluthor'ity palt nels for any purpose, nor shall any member
of the Code Authority be liable in any manner to anyone for any
act of any- other member, offcer, agent or employee of the Code
~Authority, nor shall any member of the Code AButhority- exercising
reasonable diiligence in the conduct of his duties hereunder, be liable
to anyone for any action or omission to act under this Code, except
for his own willful misleasa~nce or nonfeasance.
9. Members of the trade shall be entitled to participate in and
share the b.enefi~ts of the activities of the Code Authority and to par-
ticipate in the selection of the members thereof bysetigoan
complying with the requirements of this code and ssetigustainingt nt~heir
reasonable share of the expenses of its administration. Such. pro-
portional expenses shall be based on tonnage carried, and such
assessment shall be at the rate of 11/2 cents per ton of 2,240 pounds,
and a report of the tonnage carried, with a check or payment for
the member's share of expenses, shall be filed with, the Code Aut~hor-
ity within 15 days after the close of each calendar month. These
assessments are subject to review by the Administrator; and changes
as conditions may require may be made by the Code Authority, sub-
ject to review by the iAdministrator.
10. AQ member of the trade shall be eligible to vote to elect the
Code Authority if such member has notifid the Administrator, or
the Canal Carriers Association at its headquarters New York, N.Y.,
that he desires to' participate in this Code of F'alr Competition, as
provided for in. Appendix I attached hereto.
ARTICLE XI--TRADE PRACTICES

It shall be an unfair method of competition and a violation of the
provisions of this Code for any member of the Trade:
1. To give or accept rebates, refunds, discounts, demurragae allow-
ances other than tariff provisions; gratuities inl any form, or to make
discount payments or returns of any nature or description directly
or indirectly on shipments, contracts, or refunds on any cargo of an~y
nature whatsoever, or to employ anly person, firm or corporations
as the representative through. whom. or to whom a paymen!r t, of
compensation shall serve as any rebate, payment or return.
2. To sign a receipt for goods in good condition when the goods
for which such receipt is given are in. other than good condition.
Any receipt for goods except in good condition shall specify and note
the actual condition of the goods for which such receipt is given.
3. To payT freight brokerage respecting cargoes transported by a
member of the trade. None of the provisions of this section shall







203


apply, how-\ever, to thle book~ingl of ginin enil'r(,eS, andC a commiiiiission
not to exiceed 21 ~tB e~enlt mal~y e piaid~ forr banklinlg grain carlgles.
4. Tlo fail to Ipay assessmentsc~ll~ as prov,\ided~c in Artile X, Selction 9.
5. (ab) ]Each mlrulembe of thle te:lale shall1 bookl all cargues1. in his own
lname with the rIgh~t to sublet the contendl~. to o~thel lr zuembers olf the
trade at not. less than; L the minimum tar~itfs filled less five pe(rcent.
(b) Atll agency) agreementslf~ enlteredI into a fter the allpp'roval datef of
th~is codec shall be filled with th~e CodeI Authority andl iIhall be subject
tot the Iregullationls of~ raid Code Authority (regrulatlions to be ap)-
proved by3 a threet~-fifthts ma1jolity' of the members~ of th-e cendec voltiner
on the. basis~ of tonnlage carr1ied~) subject to r~eviewr and diSaple-'ovaIt
by~ th~e Admlinistra:tor. A violation of this section s;hall be a viola-
t ion of this codet.
ARTICLE STT--ATONOPOLIF.S8

N'o prov'ision of this Code shall be so applied~ as to perm~it. mlo-
nlppolies or monopolistic practices, or to eliminated, oppress, or
discriminate against. small enterpr~ises.
ARTICL. E XIII- MaI.lIl ~\rr cxrm

1. This code and all the prov\'iisions~ ther'of are exLl'cav e llly ae
subject to thec right of ther- Prcsidcnt, in ncco~lrdace. with the pro-
vislonls of subsecction (b) of Section 10 of thne Act, from timle to tim-e,
to cancel o~r mod~~ify any order~I, appena'';l, license, rule, ori regu~laltionl
issued ulnder said ~Act.
f2. Th~is code, except as to provisions r~eqivai~cl by the Act, may be
modified~, or extended~l as to territory, onr the basis of cexper~ienlc~e or
changes in c~ircumlstannces,~; sulch moldificentio~ns to be Un:-edl upcon appli-
cation to the Administ~rator and suchn notice andl hearings as he shall
specify andc on approval by thet Administr~ator shllu bomlc a parlt
of this co~de.
Anrrican. XIV-Arl~nr et EN'lsi

1. All cocntraclits madte after the! ap1!rova1 l date of this code shall
confo~rm to a form of conltrnelt presilcrbltedl by thne Tariflf Commllittee
and a1pproved'' byr the Code Authority.,
2. All mn1Iember of the trad'e who claims exempjtionss from. the tariff
prov-isionls herinici on the basis of unfi~lle or uinexpiredt' contacts
shall submnit, such colntra~cts to either the Code Aucthocr~ity or thie
Admninist ra;tor, fo,cr dtellnrm~tinatio as to their bo~lna fide~ chara;cter;
and the Codel Author(,litY or the Admiiiniistator shalll endcavor to
promoOte an equ~itableJ ad.1ustme~nt of the terms anId Ccold it iols of said
conlltlret, in con,~formll~ ity w\it the! prov)\isionsc of the termsll of thnis
colie, but su~ch~ conltl~rat s whelcn so submiiittedi shall b1e hld~~ in conithlenrce.


Thiis Corle shall become allcc~rIcti\e onI th~e tenh dy atrit
appro".val by! thc Prelent,~~lt ec'sllt aIs oterwvise prov''idedl herlein.

Reg~isrtry No. I117-1-1




UNIVERSITY OF FLORIDA.

Il lil l A l11IIIII II All M I\\\\l
3 1262 08855 8548
















APPENDIX I

(City) ,, ..,.,, ... ,,,,,

(Date) -----,---,---
We (I) assent to the Code of Fair Competition for the Inland Water Carrier
Trade in the Ea~stern Division of the United States operating via the New
York Canal System as approved by the President of the United States on
the __ -------- day of -_-_- ___-1934, and request a Certificate
of Participation as provided in. said Code, desiring to share in the benefits
and obligations as provided inl the Code.


(Company)

(Individual)


([Title)


Address


(204)