Proposed code of fair competition for the carriage of property for hire by means of motor vehicles, drays, and teams ind...

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Material Information

Title:
Proposed code of fair competition for the carriage of property for hire by means of motor vehicles, drays, and teams industry as submitted on August 31, 1933
Portion of title:
Carriage of property for hire by means of motor vehicles, drays and teams industry
Physical Description:
13 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

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

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
Registry No. 1411-28.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952436
oclc - 658023659
System ID:
AA00007105:00001

Full Text



Registry No. 1411--28


I NATIONAL RECOVERY ADMINISTRATION ,I




PROPOSED CODE OF FAIR COMPETITION



CARRIAGE OF PROPERTY FOR HIRE

BY MEANS OF MOTOR VEHICLES

DRAYS, AND TEAMS INDUSTRY

AS SUBMlITTED ON AUGUST 31, 1933


I '1
For eale by the Superintenldent of Documents, Washington, D.C. - Price 5 cents


1__1__
'I
Z


I
r


The Code for the Carriage of Property for Hire
by Means of Motor Vehicles, Drays, and Teams Industry
in its present form merely reflects the proposal of the above-mentioned
ladustry, 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


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 19J3


1 '
L_. ..,_,.


1




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SUBMITTED BY

AMERICAN HIGHWAY FiREIGHT ASSOCIATION
( II)












TENTATIVE CODE OF FAIR COMPETITION FOR THE
INDUSTRY ENGAGED IN THE CARRIAGE OF PROPERTY
FOR HIRE BY MEANS OF MOTOR VEHICLES, DRAY'S,
AND TEAMS

PREAMBuLE AND PI.:'PSE

To effectuante the police of Title I, Section 1, of the Nationlal
TIllnut~rial Recove'p\'ry ct., durringr thle period of thle emergjencyl. by
reducing and( re~lieving ulnemployment, improvi.ng the stanllard~s of
labor, effecting reduction in unnecessarily long hours of lahlor.
elimiinating~ unfair trade~ practice aIndl etablishiingr fair prices for
services so that thle indlustry may be chiangied from a condition of
imlpairing its enpital to the condlit~ion of stabilized earnings w~ith
just andit rensonable profit enabling it, to establish miore regular
emp'loymrlent of Inbor, andl for the conservation andt protectionl of
public' hiighwayn\s contributing to the safety anld order of tra:ffic
thlereoln andl otherwise rehabilitating the industry engnaged~ in thle
carriage of pr~operty by means of motor vehicles. teams~, andl driays
thle following provisionis are established as a Code of Fair Comnpe-
tition for such ind~ustryv.

I -DEFINED INDESTRY
The Indlustry on behalf of which this Code is filed is that which
consists of the carriage of property for hire by means of motor
vehicles, teams, and drays. Such expressionl carrier of property
for hire includes such carriage not alone between places in the
same or contiguous municipalities but additionally suchl carriage
from one community or area to another.
The expression also includes the owner of a trucks or dray who
leases it or hires it out to another industry but w~ho retains anly
responsibility for the safety of the property tranp ort6.ed, D~or who
by any arrangement, leases or hires it frteproeo vso
of the provisions of this Code.
The expression also includes persons such as truck terminal op-
erators, agents, brokers, or forwarders who solicit. or offer to pro-
cure or provide transportation of property in whole or in part by
motor vehicles, teams, or drays, to the extent to which such operation
utilizes motor vehicles, teams, or drays.
The expression also includes the owner of any such motor vehicle,
team, or dray who engages in thle transportation of property for
hire and performs Inbor in connection therewfith though he may
not employ anyone else in such operation.
The expression also includes any carriage of property by a mem-
ber of any other industry wTho engages in such carriage for hire
for others than himself, but nothing in this sentence shall be con-
9;35--33 (11








strued as applying to any farmer who tennsports his own farm
products or supplies in vehicles of his own ownership and who oc-
casionally may accommodate a neighbor by the haulage of similar
goods for such neighbor; nor shall anything in this sentence apply
to such transportation of property by a mcI1:embe of any other induls-
try than that to which this Code otherw-ise applies, when such trans-
portation by any .such1 member for another is from one comnpany to
another undert~l (conunon., control and ma~nagemelntl for which trans-
portation there is made a chal~rge by a subsidiary to a parent com-
pany or vice versa; nor is anything in this sentence intended to
apply, nor should it be construed as applying to a member of those
industries engag~ed in. the production, processi~ng,, or selling of goods,
w~ar c, or melrlchandlise engaging in the practice of making two prices,
one based upon. origin and. the other upon destination and who may
perform the transportation in his own vehicles for that purpose~c.
II-AIJDDITIONAL; OPTIONAL COVERAGE

In addition to the industry hereinabove described to which this
'Code applies, the provisions in respect to labor shall apply to an
employer of labor engaged in another industry but who in con-
nec~ctio.n with such indurstryS ope~~t~:ratesotor vehicles, teams, or drayrs
for the carriage of his own goodstl, at hnis option, provided that he so
elects by clarlc~lation to the National Recovery~ Administration.


All of those engaged in the defined indutry~l~) shall reg~biste~r them-
selves and their operations with one or more? local administrative
agencies of the American Highhway- Freight Association in. each State
in or through which, they operate as mnay be determined by it, and
such regist ration shall be in the form and manner provided by the
said American Highwayv F'reight Association with the approval of
the National Recove~ry. Administration.
IVT-RATE AGREEMENTS
It shall1 be t~he privil~g~e of any natural livi~icon. of the defined
industry whether by territory3 or class of operations; to e1(ngae in
voluntary agreermentst upon rates, and rules and Iregullationsl affeC~tingha
rates, the machinery and mnetho~d to be emp~loye~cd in such netivity to
be determined by such nalturlal division of the defined indusltr~y withl
the approval of the Central Committee of the Indus~try) a~ndl of the
National Recovery Administration. Such agfreements whenl u'-
proved, shall be and become fair trade pra~c~tices for suchl natural
livision of the industry anrd shall c~onstitulte parts of this Code;
provided that any such agreemnents~ be not dlesigned to (1:) promote
mlonopoclies, (2) to eliminate or oppress small etertcprises, anid (3)
thatt such agr~eemnents tend to eff'ectuate the policy of th~e National
Industrial REecovery Act.








V--FAm TRADE PRACTICES AND Lbnon PnonsIIoNs

In the attached appendlices mnar~kd (1) to (4l) there appear; l crrltain
provisions in respect to p~articulal r trade pr~actices,. to wagFe schedrtules,
to periods of emnploymntit and oter p~rovisions inl Irespect to par~iticu-
lar conditions of labor. "These appendices cons~titulte thle (cnle of
Fair Comlpetition in r~esp~ect to the partticular matters cove\red~c therlcby
inr the respective regions and places noted on such appendlices.
VT-DDITIONAL SUBJECTS TO BE PROV'IDED FOR

The Central Committee of the Induistry, subject to the limlitationls
up'on the pow~rer of such Centr~al Committeec in negortiatio-n with the
President of the U~nited States through the Nationanl Reccovery
Administration or such other agents or agencies as the Precsident
may desigrnate, is authorized to determine! and( matke pr'op~er provi-
sions coveringa additional subjects.
If and w-hen rules anrd regulations concer~ningr any or all such
additional subjects shall be agreed upon, between the CentedR Comr-
mittee of the Indusitry and the President. of the Uniitedl States in
the manner hereinabove set forth, such rules anrd retgulationsi shall
thereupon constitute and become a pa rt of this Code.

V~II[-M\ANuDATORY PROUSEION.S

As required by section 7i(a) oif Title I of thte Na~tionral Ind'ustr~ial
Recovery Act, the following pr~ovisions ar~e condlitionsi of this Code:
(1) that mP~loyeesPP shanll have~ the right to orgaanize and bargain col-
lectively through~ representatives of their own choosing and shall be
free from the interference, restr~aint, or coercion of employers of
labor, or their agents, in the dlesignation of suchi representatives or
in self-organization or in other concerted- activities for thie purprloses
of collective bargaining or other mutual aid or prIotections; (2) that
no emnployee andi no one seeking emplloyment shall be required~ as a,
condition of emplloymlent. to join any company union or to refrain
from inolmng. ortanizing, or assisting a labor organization of his
own choosingr; and (3) that employers shall comply with the miaxi-
mnum hours of lab~or. minilrmum rates of payv. andc otheri conditions
of employment. apprloved or prescribedl by~ the Pr~esident.
Nlothingf in thlis Codle shall ~r~event thec selection, retention, or` ad-
vanemeitnt of emplloyetes on the basis of their indlividual merit, with-
ouit regard to, their affiliation or no~naffiliation writh any! organization.
Trhe President miayr. from timie to time, cancel or modrify any order,
approval. license, rulle,, or regulation issued under Title I of the
Nntiolnal Indluitrial Rtcovery Act..
Surch of thle p~rovisionls of this C'ode as are not required to be in-
cludedl therein by the Nlational Industrial Recovery Alct may. w~ith
the approval of t'he President hie modified or eliminated if it appears
thiat the public needs ar'e not beingr serv\ed2 therebyv and as changes
in circumstances o~r experience may dictate. They shall remain in
effect uinless and until so modlified or elimiinated or until the expira-
tion of the Act. It is contempllatedl that fromt timne to time supple-
mentary pronvisions to, this C'ode will be submllittedl for the approval
of thle Presidlent to prevent unfair competition in price andl other








unfair and destructive competitive practices and to effectuate the
other purposes and policies of Title I of thre NJational I~ndustrial
Recovery Act, and which shall not conflict with the provisions
thereof.

VIII -AGENCY FOR INDUSTRY

By authority vested in the Board of Directors of the American
H~igfhwFay Freight Association by its Constitution and By-laws, a
Crntal~n Committee of the industry has been constituted. This
Association in its relations with the President of the Un~itedl States
or his designated agent or agents shall act through~ suchfl Cent~ral
Committee.

IX--ADMINISTRATI[ON

The American H-]ighnway Freight Association through its Board
of Directors shall in general administer the provisions of this Code
and as an aid to such administration shall appoint in each state
or region one or more official agencies consisting of committees,
organizations, or associations in said state or region which shall act
as the agencies of said American H~ighway Fireight Association in
thne enforcement and administration of the provisions of this Code,
and such agencies shall each have the powers delegatted to it by the
Board of Directors.
Upon registration as provided in Article III of this Code those
engagfed in the industry shall be subject to such. assessments as shall
be required byi the American Highwayr Freight At~ssociation wocith the
approval of the President of the United States or his duly authorized
r~ep'lreentativve or representatives, which said assessment shall be
sufficient to cover the expenses incident to the institution, filing,
securing the approval of, and administering this code, provided that
no such assessment shall be levied upon those who at their options
~omne under the terms hereof as to labor provisions only as designated
in Section II hereof.
The records of the American. Highway Freight Acssociation as to
in-formation obtained from registration or otherwise and in r~espct
to any of its other affairs shall be open to inspection by the Presi-
dent of the U~nited States or his duly authorized rtp r~esen t a i ves.
X-EFECTIVE DATE

This Code shall be and become effective on the fifteenth day next
following the day on which it shall be approved by the President
of the United States.

XI -A RIENDBIENTS AND SUBSTITUOTIONSa

This Code may be amended at any time by thje Central Commit-
tee of the industry on approval of the administration, either by the
addition of new matter with respect to matters not; covered or by
substitution of provisions in lieu of provisions respecting matters
already covered. Such amendments or substitutions may be either
in1 the provisions of the basic or shell code or by wcay' of appendlices.
















APPENDIX NO. I


On and after the effective date of this code the folltowing provisions as to
hours of labor, rates of pay, and fair-trade practices shall apply as herein
provided except as modified b~y subsequently numbered appendices.
1. The subrdivisionsu of the indcustry, natural andl territori:l, have filed or are
in process of filing thrlough1 the Central Commnittee of the indlustr?, appendices
respecting hours of labor, rates of pay, and fair-trade practices w\hichl ap-
pendices supersede the matters contained in this appendix number I so far as
the region or natural division couveredl by such subsequent appendic~ce~s are
concerned and the provisions of this appendix shall not apply to such, division
of the industry, natural or territorial, but shall apply~ to all sections or divi-
sions of the industry for which subsequent appendices are not filed.
2. The maximum hours of labor for drivers and operators of motor vehicles,
and helpers, mechanics, repair men, billinlg and rate clerks. terminal arnd station
labor shall be fortyv-eight hours in anly one w~ee~k but in consideration of the
special conditions connected wvith this industry the maximum hours of labor
may exceed the maximum set forth herein for any one week provided, however,
that in such case the average number of hours per week for any~ three months
lleriod shall not exceed the maximum of forty-eight hours per week--208 hours
per month, and. provided, thiat whlen any employee working on the basis of
forty-eight hours in any one week--208 hours in any one month, shall have
worked consecutively including meal periods for sixteen hours, he shall not
again resume work until a rest period of a minimum of eight hours has been
taken andt providedl further that an employee riding on trucks or dlrays wpill be
deemed in the course of employment and the time the~reof is to be counted as
time of employment whether he is engaged in driving o~r other labor or not, and
whether the truck or drav is mov-ing or not except that an e~mployee in a
properly designated sleeping conmpartment shall be deemed as not onl duty in
the operation of the vehicle.
3. Except employees primarily or whollyv in managerial, supervisory or
executive capacities who now receive $35.00 per week or more, outside salesmen
or soieitors, station managers or employees on very special eases where re-
striction of hours would unavoidably reduce service and except those covered
in paragraph 2 hereof, no employee shall be caused or permitted to workr for
more than forty hours in any one w~eek--174 hours per month, averaged over a
period of three months.
4. The provisions of this aDpendix regarding maximum hours may be adjusted
to conform w\ith maximum hours of different competitive forms of transportation
agencies which are under the supervision of the Interstate Commerce Commis-
sion, Public Utilities Co~mmission and/or such governing regulatory bodies as
mayl on the effective date of this code exist.
5. No person coming under the prov~isions of this appendix shall pay to any
of the classes of employees subject to the provisions of this appendix less thlan
sixteen dollars per week unless the weekly rate for such same class of work on
July 15, 1929, was less than $10.00 per week in which Intter rcase he shall no
pay less than the weekly rate on July 15. 1929, and in no evenlt less than $12.00
per week in the South and $14.00 per week in thle North. This panragraph
establishes a guaranteed minimum rate of pay regardless of whether the
employee is compensated on the basis of a time rate or on piece work perform-
ance. Where employees are emplovetd by the hour (temporary employees) the
minimum rate of pay of the classes of employees covered by this appendix shall
be not less than thirty cents per bour in the North and twenty-five cents per
hour in the Siouth.
6. The provisions of this appendix as to hours and wages may be voluntarily
assumed by operators of motor vehicles or teams covered under other codes for
application to the operation of such motor vehicles or teams.
















APPENDIX NO. 2 TO THE CODE OF FAIR COMPETITION

SUBMVITTED B`Y THE AMIERICAN HIGHWAY FREIGHT ASSOCIATION

I--TE.RRI1oulc.u~ Scorm

The matters and things prov"\i''d in this av:llendixi shall apply to the defined
industry in the states of Orecon,1 Wa--hin-to~n. Islato11. MNontana, and Utah.

II-FAmR TRAD)Ei PRABCT'IC'E AIIDE1 FROM RATa AIGREEMEiNTS

(a) A freight bill, whilpinr: wake~~. bill of Indting~. or other written ruen11I)-
r~andum will be issued at the time of the transportation of property for hire
or within 48 hours thereafter; such freight bills or written memoranda are
to be the permanent record of the carrier.
(b) The transportation obligation in the case of any1? carrier shall not ex~lrten
h-e Innell the Itreciv-ing andi delivering of property at the sidewalk or loading level
of the truck or dray.
(e) If the truckman or drayman incurs the obligation to petrflrm21 ;Iny other
service than that covered by Pararlnerap (b-) hereof, such clbligatlionl s'hall be
separately charged for and such cha:'lrge shall be uniform. Included within
the provisions of this paragraph is the praclticve of truckmen in stor~inlr prop-
erty either by Ilutting the plroplerty into warehouses or other structures or
allowing it to remain in the trucks or dea;!~ ls eyowlll the time required for
reasonably expeditious transpollcrttation.
(d) Transportation and other charges covered by such nerle~mentls as here-
inabove described shall either be prepaidllir or be collected within. a p~e~riod of 72
hours after delivery, unless regular aInl formal a7rranllee~ments for credit shall
be entered into between the truckmann or draym~an and his regular customers
for settlements, in a moonthly or shorter basis, on. or before the 10th of the
following month, such credit arlra~gngements to be based either upon security or
upon an established credit rating; p'r'irided thlat this provision shall not extendlt
to the transportation of property for the United States or for the Sratce, County,
MIlunicipality, or other governmental bodies or agn~c~ils for w~homn the transpu~lrr-
tation shall be done. Intercarrier settlements as between (clmmer('inel trusll~iruen1
or dra1men!I1l are Inot within the scope of this provl\ision.
(e) No ~person shall give,. receive, or be a party to any secret rebate, !refunld,
credit, or unearned disrcoulnt, in the form of money or otherwise; nor shalll hie
give or receive premiums or extend to certain shippers any special seIrvicet or
prIIivilrse not extenae*1~l to all shippers under like terms andc conditions.
(f) Rec~ret contracts or agreements with any Ililllers shall not be enlter'el1
into by any persons, nor shall any conlrtend~l be ente~red into with any shilrlles
which would in any wayn? defeat the purpose of any part of this Code.
(g) No person shall 1:nolvl\inel? v permit or allow any shippler to bill his flr-i-lht
at less than its actual weight or falsely abcribe1l l the shipment andl shall use
diligence to see that this method of evPasion is not permitted or enjoyedr.
III-ADMINISTRATIOTTN

Th~e Ameri~nn Highway Freticebt Association as the Agency of the Indtustry
for the purpose of calrryine~ out the provisions of the National 'Indlust'ial Re-
covery Act shall act in its plrepalrationl anld adminlri;tralionI of rules anll respu-
Intions govern'lingl the dlefinerl indusrltry? in this territory throughl~l the Northwestc
Regional Committee cculomposed of one representative from each state comprlis-
ing the region, such representative to be chosen by the members of the definedr
industry in each such state. The Inorthwest Regionlal Committee mayl\ in turnl
dleleunte local administration to any or all of thle several affiliate Associationsl~
in the ter~rito~ry covered hereby.









IV--RATE AGREEMENXTS

Inl) All perlsons opleratinlg under thlis Codec shall install siuch~ simp~lified,
uniform systemn of amoC.~ hunting as shall be inaeugur~ated b~y thle prope'r nlturhoity. as
dleterrmined by thle Nor~thwes~t Regional Commlittee.
(16) Rates,.. and p~ractices in connection thler~ewith. for the carriag:e of properlllty
may be determined by trade agr'eements amonlg thie maembers; of anyl\ grolul of thle
defined industry,v such groups to be deter~minedl by the natural dit ision, s ofI rlth
inilustry dep~endingy upon thle churrnctl1r of ope~ra;tion,. the terrIitor! or both
charneter and territory. If and whren such a trade agreement is clrnwn by such
a n;true group it >-hall1 be submittedl to thle Northwest.t Regio:nal ('.unmittee who11
bhall then giv'e wr~ittenl notice to all rgristered~t membeur~ls of the def~inacl industry
w\hoi might be affected thereby aInd shall hold a hearing onll the .4ubmnittedl trade
agreement. If the Committee shlall find thtat the aIgreementl is assented to by' thet
operators of evnty-~fie percent of the vehiicles involv~d or tloing sevtent?-tive
pertlCentlT of thle business invorl~'l Ed ad tha:t thel p~~llroposed trade ag~r~nreeen does
nlot create a mnlnoploly nor opplress small enter'prises, it rlholl applrovee the trade~
agreement. andl when said applrovarl is gilven, such tradet agYICelreemt shall th~re~-
upon beomle a p~art of this Code, unless wsithlin ten dayls of such approval,
more titanl half of those not assetiing to suchl trade agreementit file with thle
Northwe-rz RI'gLinal~l (~Commlittlee: anotic'r of appa~.;l, setting forth the! grounds folr
siuchl appea';l, which mayl! be either thant the saidl trnde agrreemenjlt creates a
m~onopoly Ir oppresses small enter~prises or that the rates providedl there are
not just. fair. and reasonable, together w\ith supporting evidence usull w~ritten
argument. L'pon the receipt of such an appleal, the Nor~thw~cst Regfionalll Com-
mittee shall nortifyl the proponents of such rate agreement and allow a reason-
able tie for answer. Upon the receipt of such, answer with evidence andr
argument.. if any1~, the Northwest tRegional Committee shall submit the entire
matter together with all documents to th nearest: authorized representative of
the National Recovery Administration, whose decision in thle matter shall be
binding.
(c) The Northw'est Regional Committee may, on behalf of and subject to
the consent of the trade groups affzclted, enter into ag~~uureemets with other trans-
portation agencies such as the railroad companies, express companies, boat
companies, etc., as to practices and,/or minimum rates, that maay become bindling
upon the trade grup affected and form a part of this code.
V-L;no Paovisson~s

Thle follow~ing provjisions shalll not apply1~ to suprlciintendents~ or to execu-
tives w~ho receive $35.00 or more per wee1k, nor to o~utside sallerumen, solicitors,
stationl manag~lers, or mecharnies engoved~t in. emergentllc repairs. nor shall thley
applyl to otHece b~oys, merssenger.,.s or night watchmoen.
.110si,rimumr hrour.r of rrmprrloyees .shall fu':. (8) c 48 hours per wseekr; cb) Drivers aInd VFehicle Operators and the~ir helpers,
48 hours p~er w'elEk; (c) Alll other emplllo?'ees, 48 hours per week.
Thle plro'iaiol of maximrump hlourl for' drivers' and1( \.ehil'le op(erator.,lS and therir
helpers shnil1 be considered as. fully c~omplied w\ith if the average~ number of
hours pler weet~k for any.\ indlividual over aI three months' pleriod, shall be w\ithin
the presc~ribed maximum or if a line-hn~ul operator shall not lr~ive a vehicle
for'; a instance inl exscess~ of twe.lv\e hrundred~ miles inl any1 one week.
Emnergenicies: If the' foregocing maxsimumin hours andlr periods~ of emlploymenltt

able enserelay. n~?. full report thereonf slulI be filedl withI ther Northwet Reg~ionall
i'ommittee orI its des~ignaltedl represen.talttive~ local or;aniza~tilnwthntn 1T
dlays th~er'eafter.


urnounult o~f such'1 time devo.ltedl to termuinnll I lahr shlnll be countlledl as if dlevotedl

be deni~led inl thle c'ourse o~f empll~~~ll~loymnt andlr (11 timen thel'~ref is to; be cc)runtedl
as timie of unemployment whelthecr h~e is engag~edl inn driviinL or other hinlor or
not and whlethecr the truck or cray is mioving or not. except tha~t ant emplloyee
in n propewrly designedt sleeper enh or com~parrltment shnll he dremedl as not on
duty\ in the opral'~tion of the said truck.
11'here- trucks~ or alrays~' are. oplelratedclupsclliviely' in, .-erv\ice to an inclustry
whose ('ode p'rovides for lone hourI~ llls thanll those fin this (Codle, thle truc~ks
or dlrays miay he opieraltre under the maimiuumi providecd for hRv thie Code of
the industryv being served.









VI-M-PINI1nUx WAGES

"The minimum wages of employees under this Code shall be as follows:
(a) Offi~ce and Clerical Employees.
Not less than Fifteen Dollars ($15.00) per we~ek in any eity over 500,000
population or in the immediate trade area of such city; nor~ less than 1Four-
teen Dollars ($14.00) per week: in any city of between 2,5001 and 250,000 popu-
lation, or in thre immediate trade area of such city; nor less than Twelve
Dollars ($12.00) per week in other territory.
(b) Drivers and vehicle operators and their helpers, 45 cents per hour.
(c) All other employees, 40 cents per hour.
These provisions do not apply to student drivers, apprentices, learners, night
watchmen, or janitors.
NOTE~.--Where any owner, partner, stockholder, or manager performs any of
the functions of labor except office or executive work, he shall be bound to
observe the maximum hours and shall be paid at least the established hourly
rates of pay for the classification of the labor performed.
WFherer any member of this industry competes with other forms of translporta-
tion not under a Code or whose Code provides for longer hours or less wages
than are provided herein, such member may adjust his hours and/or wages to
conform thereto without violating this Code.










APPENDIX NO. 3 TO THE CODE OF FAIR COMPETITION

SUBMITTED BY THE AMERICAN HIGHWAY FREIGHT ASSOCIATION

I--TERLIIll)RI.1L SC'OPE

The matters andl th~infs provided in this appendlix shall apply to the defined
industry in the State of C'olorado.

II-EAmR TRADE PRL~CIIErs ASIDE FR~OM RATE AGREEMENTS

(a) A freight bill, shipping order, bill of Inding, or other wcritte memo
randum will b~e issued at thle time of ther transpi~lolrotatio of prorperty for hire
or wFithin 48 hours thecreafter; suc~h freighit bill-- IIr wr'itteiin memorandad are
to be the permanent record of the carriers.
(bi The transportation oblig~atio-n in thle ense of ;Iny enlrrie~rr shall not ex-
tend beyond the receiv-ing andl deliverying" of p~roperty at the sidewa~lk or lanld-
ing level of the truck or drni~y.
(c) If' the truc~kann or drayman incurs the obligation to perfom any other
service thaln that covered by paragraph (6) hereo~f, such orbligatioln shall be
separately charged for anld such charges sha~ll b~e uniform. lueluded within
the provisions of this p~aragraplh is the preictice of truc~kmen in storing prop-
erty either by putting the property into warehiouses or otherr structure or
allowing it to> remal~in in the trucks olr den~ys beyrondl the timle Itrequiredl for
reasonable exed~e~itious transportation.
(dl Transportaltion andi other charges co-vered by suc~h aIgreements as here-
inabove described, shnHl either be prepaid or be ceollectedl within a period of
one w~eek after delivery, unless regular andc formal arrangements for credit
shallR1 be entered into betw~een the truckmnir or d~rnyma1n andl his regular cus-
toluiers for cettlemenits, onl a monthly or shorter basis, onr or before th~e 10th
of the follow~ing mornth, such credit alrrangements to, be huased either upon,
security or upon an established c~redlit ranting~, subject to a~.1PproalL by the Board
of Directors of the Colorado Federation of C~ommercial Carriers, provided
that this provision shall not extend to the transportation of property for the
Unitedl States or for thle State. County, Muniiicipa;li ty, or' other governmentallt~iI
bodies, or agencies for w\hom the transportation shall ~e dlone. Inter~carrier
settlement as between connecting tr'uc~kmen or draYmen ar1e not w~ithin the
scope of this provision.
(e) No person shall give, receive, or be a part to any secret rtbalte, refund,
credit, or unearned discount. in the form of money or otherwise; nor shall he
give or receive premiums or extend to certain shippers any special service or
privilege not exte'ndei to, all slhippDers under like te-rms andt Condliitia~lr.
(f) Secret contrnets or ngreemeints with any shipp~er~ chall not h~e enteral
into by any p'er'sonls nor shall any co0ntralct be entered inlto: with an1y shlippers
whlirh would in aIny wray defeat the purpose of an y part of this C'odr.
(g) No person shnHl knowingly permit or allo\ aniy shijlper to, bil his
freight at less thian its actual weight or falsely desMcribe the shipmenlc t and
shall use diligence tol see that this method of evasion is not perm'nitted or
enj oyedl.
(h) WVhen any owner, partner, stockhlolder, or manager performs anl y of thle
functions of labor except office or executive work he shall h~e bounld to, obse~rve
the maximum hours and shall be paid at least at the minimum rate of p~ay for
the classification olf Inhor performedl, anti such sum so paid b~e considered as
an element of his cost.
(i) It shall be a violation of this Code for any person or concern engaged
in the defined industry to transport any commodity\ for less thana n reasonablyl
compensatory rate for the services rendered.

III-ADMIrNISTRATION

Thle Amerienul Highwa~y Freight Asscocialtion as the agency of thle industry
for the purpose of calrry\ing oiut the provisions of the National Industr~ial Re-
covery Act, shall act in its prepairation and1I admllinistra:tion olf rules~ andl regu-
lations governing the defined industry in this territory through the Boaird of
Directors of the C.olorado Fedleratioln of C'ommlerinl Can friers.
(0)









IV----RATE AGREEMENTS

(al) All persons operlating under this Code shlall install such simplified, uni-
form -ystenil of accounting as shall be inaugurated by the proper authority
as determined by the Board of Directors of the Colorado Federal~tionu of Com-
mercial Carriers.
(b) Raltr and practices in connection ther'ewith, for members of the defined
industry, may be determined by trade agreements among thle members of any
group of the defined indlustr,1- such group to be determined by the natural
divisions of the industry, depending upon the character of operations, the
telrrilory, or both territory andi character. If andi when such a trade agrece-
me~nt is lr~awnl by such a trade group, it shall be submitted to the Board of
Directors of the Colorado Fedelrationcll of Commlercial Carrier's who shall then
give p'ublil notice to the members of the indlustry andl shall holdl a hearing on the
submitted trade nervernenic~lt. After said Board shall find the ag'reemenl~lt has
been consented to by a substantial majority of both the persons and vehicles
representedl, and that the proposed~~~~ trade nureenient~ t does no~t create a monopoly
or clpplress small enterprises, and is tlrjignedl to carry out the purpose of the
Natlionall Industrial Recovery Act, it shall approve such trade :Iecemenrlts~;
plrov\iledl that should twenty-five percent of the mem~ber~s of the defined indus-
try in any natural division of the industry, either territorial or of character,
disagree with said rate agle;lreements, a hearing shall be a1I;ISrrange by thie 1Board
of Directors of the Colorado Ederacltionl of Clommlercial Carriers, at which the
protests may be presented, provided further, that such protests are to the point
that the rate nerlcelnients so prol.teste- d tend to create monopoly; oppress small
enterprises; or are dettrime~ntal to the p~urp~ose o~f the National Industrial Re-
covery administration. If the decision of the Board of Directors of the Colo-
rado F'ederation of Commercial Carriers is not satisfactory to a majority
of the ;rlenup~ so protesting, an appeal may be taken to the nearest representative
of the National Recovery Administration, whose decision in the matter shall
be final.
V-LABOR PBrovZIslolTsl

The fo.llowlinlg provisions shall not apply to superintendents or to executives
who receive $35.00 or more per week, nor to outside salesmzen, solicitors, and
night watchmen.
M~a~im~um hours of employees shall be: (a) Office aind clerical employees, 48
hours per week; (b) Drivers and Vrehicle Operators and their helpers, 48 hours
per week; (c) All other employees, 48 hours per week.
The provision of maximum hours for drivers and vehicle operators and their
helpers shnall be considered as fully compliedl with if the ave~~i~rne n1umberP of
hours per w-eek for any individual over a two months' pe~riodl shall be w\ithin
the prescribed maximum.
An owner, oper~latorl. or employee shall not drive a truck or dray more thanll
ten (10) consecutive hours; nor shall he drive more than twelve (12) holurs in
arny twenty--four-hour (24 hr.) period.
Emergendies.--If the foregoing maximum hours and period of empiloyment
should be exceeded in any instance by reason of an unforeseen and unavoidalble
emergency, a full report thereof shall bee filed with the Colorado Fedelralftion of
Comnmercial Carriers within ten (10) days thereafter.
An employee riding on a truck or tlalro will be detl.niedr in emloymel~llt nt in
such c;plo. ity while addlitionally plerform~ningr any terminal labor andl the aml..unt
of such time devoted to terminal labor shall be counted as if devoctedl to ridling~
on the trucks or drays.
ViI-MJINI~ux~r WAGES

Thze minimum wages of fnilloyees'tt' under this Code shall be as follows:
(a) Office and Clerical Emplloyees,, 35g! per hour.
(b) Drivers and Vehicle operators and their helprcl~.. 35Ql per hour.
(c) All other employees,~tr~ 354: per hour.
F~or. cunpllloyees~ reularlly empkyedt~~ compensation shall not he less thann the
sum of Fourtee~n Dollars ($1-1.00 a fo-r any one week. This pr~ov~ision shall no~t
apply to 1'm1l11yees' hired for extra, special, or emelrrgenlcy services.
'IlThes provisions do not apply to student drlivers, app-rentices, lenrnlers, night
watchmen, or janitors.















APPENDIX NO. 4 TO THE CODE OF FAIR COMPETITION


SUBMITTED BY THE AMERICAN' HIGHWAY FREIGHT ASSOCIATION'

I--TERRITO)RIALI SC'OPEl

The matters andl things piroviried in this applendix shall apply in thle detfinedl
industry inl the states of .Maine, Vermonlt. Rhodle Islandl, Newr~ Hampshire.c
Connecticut, and hAlasschusetts.

II--F.1mr TRADE PRACTICE ABIDE FROM RA~ AGE~EENTIS

A. It shall be an unfair methlod of colmpetitio n to transport Iproperty~! at less
than reasonably c~ompensatory rates andt c~harges. excep for a rleogntize char-
itable! organization, and it shrall be further deemed un Ifair compll~ettitio for the
ownuer-operltolr of a mloto~r truck, dray3? or team. who shall not inr.lude in his
element of re.ast, sueb~ sum1 fo' hlis own' se~rvifes as w'oulld Cl'(crro~pond to thie
standard wange for like service of an emplo?'ee doingF simnilar thlingsI. if such
things w\ere dlone by an employee coming w-ithin the sco~pe of the code.
B. It shall also be an unfair methodl of compe-lttition for empiloyree~s of rauilrlnds,.
steamship lines, forwa'rding companies, earlondling companies, and. Railwayl~
Express Agenlcies to solicit business for transportation by motor truc~k. dray.
or team operated directly o~r indirectly by any' railroads, strnmship~ lines~. for-
wardling companiess, enlrloading companies. Railwany Exprrss Agencies,, or byl nit
subsidiary thereof whlerein the element of cost for such solicitation is not
includedl in the co~st of such transportation.
C. There shall be no r~ebntes or concessions granted to shiIppers. nlor byr any
other means or devices shall transp~ortation or service be renderedc~c at less than
reasonably compensatory rates or charges.
D. (1) The ow~ner or op~ertortit of moltor' trucks. drays, or teams who per-
forms any~ transpow.rtationn service whalitsoiever, shall use ev'eryr effort c~onsistenlt
w~ith good business prnectice! to co~llec-t w\ithin thirty (f30) days for all char~ges
for service per~formedl.
(2) The owner or operator of motor tr~uc~ks, drayrs, or teams shall use every
effort colnsistent w~ith goold business IprneLti.Ce tnl collect within seventylt-two (T'i)~
hours all moniey expenllded by the ownric oir opeltratrl of moItorC truc;ks. daiyS,
or teams for thle pa:ymenti of adannce charges, punrchase of ar~tidcls, andt any
other expenditures outside of' his ownt transportation c~harges.
E. Settlement between co~nnlectring err,iers for thleir charlges shall be made
on a cash basis or' undler suitable credit arrangement between thte enrriers. bult
inl noi case is such credlit t, exc~eed a thirty I30) dla.\ periodc.
F. That the tl-ransportationl obligation shall consist of the rtceiving of prop-
ert' at the usual or agreedl pinee of shipp~inlg of such prope~rty, its te'nuspor~lta-
tion to destination, andl its delivery at the usunl or agreed place of the con-
signee. That the pne~king,. cru;ting, unpancking or uner~ating, or other incidenlta!l
service, including toll charges, shall no~t he deemed to be a part of the tras-
portation service except at an additional c-harge, such charge to be dleter~minedl
by an agreement between the owner andt/o~r o~pelrator and flolr receiver or shippear,
andl if such additional service is agreed upoin, in no ease shiall such addiltionlll
service be rendler~ed at less thann rcost Illus a r~easonable profit.
G. It shall be a violation of this code for any carrier for hire to unjus~tly
discriminate between persons for like servt.\ices rendered, or to unjustly dis-
criminiate in the rates oir charges for like service between persons, or to show\\
undue prrejudlice as between localities.
H. That the violation of any~ prov.isio~n of thiis code, or any rule or regpulationi
issued undler authority~ of this code by- any car~rie~r, is hereby declalred to be
an unfair method of competition.
(11)









I. It shall be an unfair method or practice of competition for any3 owner or
operator and/or employee to load any motor vehicle in excess at the pay-10ad
weight granted by the state or states in which, the vehicle is reg~i~sirevll except
where it shall be impossible in emergencies to break down certain com-
modities and/or combinations into smaller units than that of an original unit
which may exceed in weight that allowed legally under the registered pay-
load equ,;ity of any vehicle so legally r~egistclered and this latter condition to
be allowedl only after regularly obtaining a permit froml the weIrne-II of motor
vehicles or such duly' authorized IAic lr of the state in whiebh the vehicle is
owned and/or where the operation is to be plerfol~rmedl to move the combina-
tion weighing in excess of the registered conlineity~ of the truck.

III ADMINISTRATION

The American Highway F~reight Association as the agency of the iolustry
for the purpose of entra 1ine~ out the provisions of the National Recovery Act
shall act in its prepara~l';thanl anld administrations oif rules and regulations gov-
erning the defined iwnll try? in this territory throl.ugh1 the Rc-ionni~l Committee
composed of one representative from each state comprising the regio~n, being
t-he states of Maine, Vermont, Rhode Tblandl, New Hampshire, Connet~tcuti cut nd
1Vassachusetts, such regional committee to be chosen one by the members of
the defined industry in each of such states.

IV-C-oNTRaors

Where the costs of executing contracts entered into prior to the approval
of this code are increased by the application of this code under the National
Industrial Recovery Act, it is equitable and prono~tive atf the purposes of the
Act that an increased adjustment of such contracts be made to reflect reason-
ably compensatory rates.

V--L~son PnovrIsoNs

The mnaximnum hours of labor shall be:
Clerical employer!(.C .---Forty-five (45) hours per week (maximum).
Other employees whose duties are confiined to terminal operatices, rate
clerks, billing clerks, terminals, shops, motor trucks, drays, teams, and stables.
F'ifty-twro (52) hours per week (maximum).
These provisions as to hours of service of employees shall not apply1~ to
executives, managers, superintendents, and foremen, except that they will
apply tot owner-operators of any motor trucks, dra'ys, or teams having a legal
or beneficiary title thereto.
Exscptions~ to maximum of fifty-two (52) hours are contingent up..ln
emergencies and acts of God.

VI-M~rINIMI M WAGES

The minimum wages shall be as follows:
Clerical.--In any city or town of between 2,500 and '250,000 pnoulationu, or
in the immrtediate trade area of such city or town, not less than four'teen1
($14.00) per week minimummn.
In any city of between 250,000 and 500,000 population, or in the immediately
trade area of such city, not less than fourteen. dollars and ftifty cents (-9;1-1.50)
per week (minimum).
In any city of over 500,000 population, not less than fifteen ($15.00) dollars
per week (minimum).
Drive~rs of mzotor truckls, dray/s, or teame~s.-F-iorty (40) cents per hour
(mrinimnum).
Me**-hainice.-F'ifty (50) cents per hour minimumum.
Mechanio's hJelpersr.-F-Eorty (40) cents per hour (minimum).
Motor trazck, dray/, or team helper.=-Thirty-five (85) cents per hour
(minimum).
Terrmirnotr helPers..- Thir lt'-five (35) cents per hour (mninimnum).
Stubicll helpers.--Thirty-five (85i) cents per h-our (minimum).
WaC~tchmnlen.- Thiirt?-tive (35) cents per hour (minimum).
Ot her phy~rsrvr aT elp.-NeIt less than thirit!-five (3 cents per horur
minimummn.









Binerg~ncies.--In the event of an unforeseen emergency which requires
employees (ezeept elerleal) to perform services that will exceed the maximum
of fifty-two (52) hours, such employees performing such emergency services
will be compensated at the base rate plus one-third (!%) of base rate for adldi-
tional time over and above the fifty-two (52) hours. Overtime rate starts
upon the completion of the fifty-two (52) hours, and is not to b~e conputedl as
overtime in any one twenty-four (24) bour day.
WVhere any owner, partner, stockboldler, or manager performs any of the
functions of labor except office and executive work he shiall be hounld to ob-
serve the maximum hours and shall be paid at least the established hourly
rates of pay for classification of the labor performed.

VII--Fvrrns ACTIVITIES

It is contemplated that from time to time supplementary or substituted p~ro-
visions to this appendix w~ill be submittedl for the approval of the President
of the United States to prevent unfair competition in rates or charges andi
other unfair or destructive practices and to ellectuate the other purposes andl
policies of Title I of the National Industrial Recovery Act.
This appendix or any of its provisions may be canceled or modified and any
approved rule shall be ineffective to the extent necessary to conform to action
by the President of the United States, or his ad~ministrator..

VIII--EFFE~CTIVE DATE

This appendix shall become effective on the 15th day next following the day
on which it is approved by the President of the United States.




UNIVERSITY OF FLORIDA
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