' I *- 'I
P~er e by the superintendent of Documents, Washington, D.C. - Price 5 rents
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
CARRIERS OF PROPERTY
BY MOTOR OR HORSE-DRAWN
AS SUBMITTTED ON AUGUST 24, 1933
REGISTRY No. 1411-2 08
The Code for the
Carriers of Property by Motor or Horse-Drawn Vehicles 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
i. --- -------'
WE DO OUR PART
GOVERNMENT PRINTING OFFICE
WASHIINGTON : 1988
CODE OFii FAIR COMPETITION OF CARRIERS OF PROPERTY
]BYJ MOTOR OR H~ORSE-DIR~AWN VTEHICLES
thec te'~rm.- heCreino~fferl delfined~ hall~~. unle..s~ oftherwis clearly~ indi-
ca~t;ed by- thec Icontex~t. have-t- the ret-prct ye mean-rings set forth in this
art icle. Th'1e tlroiniticon of any I1.u~lch: .term! inl the singular shanll apply
to the u1--c of iuchl tern In the pluI:Iral ndl v\ilce versa.
ICEI. .-' The t~erml -- the induslltry\ "illcnean and inelm~lles the tranlls-
por~'tation~ of prop~ler'ty over th-ololronefa res byT means of motor or
hus-roeldor d~ran vehricles, opracI;ted~ for hirie or o~thericc.
u.-e-1 in connrct~ion wvithb or1 incidelntal to any commercial, industrial,
.r teC. `il2i~. i; : e 40 11"I llfj\ i lle tt e n\l'.110 0 lli 111 s
HIll i r 1. 0 aSSOCittlflll. O or cltlolatio egaedin- h
S~EC. qC. T le termn L" pr~ivte opernto~r as used' herein shall mean
one1 who1( operal'tc's his own'~l vehliclel~ to tron oport his owcn proper1ty
andC Il'j\rec; ive no pay fromll oflthers for the use of his vehicles.
SEC.. -. TI;P f101*61 ("( Il peilr fuP hire i i:" 11;i h llie,
Ine( whoc- transpocrts propert('l'y of others f,?; lhirec.
SI:r. (:. The termn "' empl~loye as used~l he~rein shall include-7 all ~er-
sonsI emp!loyedi~ inl thec coinllurt of a business, and espercially to thre
aIct as approved\t`' by- the PrlesideTnt, June 165, 193:3.
SEC. R. TheI term;1 "i !c theef.c'ltiv j nto Il of the Iork1 1: 111:I1I te~n c1::ys
after~ the~ .10(,i cin whlich thie Codl`e shall hav1\e been approvedr' by th~e
Preslidecnt pul1iiirsun to thc Naitiolnal Industrflial Re~~c\cvery AIC~t.
Thlis Collle is adoptedl. purso~l~nn to Title I of the~ Natiionall Indiuc-
tr'ial Rcoveryt~\ A~ct. to Illremove rlbstllrations~ to thet free flow of inter-
state andl foreign c~ommer~ce whiichl tend tor diminish the amou~lnt
thereof; to prov,\idec forl thle general w\elfar~e by\ pr1omo~ting the orgaiini-
zation of industry for the purpose of coopera~tive action amonrr trade
groups: to induce andl mainitamn unitedl action of Inhacr and manage-
menit. under adequate grover~nmental sanct~ionls and supervision; to
eliminate unfair competitive practices; to promote the fullest ~pos-
sible utilization of the present pr~oductive capacity of industries; to
avoid undue re~striction of. production; to increase the consumnpt~ion
of industrial and agariculltural products by incrensing purchasing
power; to reduce and relieve unemployment: to improve staindardis
of labor and business conduct; and otherwise to rehnhilitate industry
and conserve natural resources.
Thnis C'ode shall be applicable to all vehicles to the full extent
permitted by thle National Industrial Recovery Act.
ARTICiz IV--Houns or LABOR, RATES OF PAY, Al D OTHER CONDITIONS
SECTION 1. Pursuant to subsection (a) of Section 7 of the Na-
tional Industrial Recovery Act, and so long as the Code shall be in
eff'rrt, the Code shall be subject to the follow\ine conditions:
(1) That employees shall have the right to organize and bargain
collectively through representatives of their own choosing, andC shall
be free from the intrclfelrence, restraint, or coercion of employers of
labor, or their agents, in the designating of such representatives or
in self-orga;niza;t ion or in other concerted activities for the purpose
o~f collective bargaining or other mutual aid or protection;
(12) That no employees and no one seek~ing employment shall be
requir,; as a condition of employment to join any company union
or to r~efranin from joining, orgamzaing, or asscisting~ a labor orgamzira-
tion of his own choosing; and
(3) That employers shall comply with the! maximum hours of
labor, minimum ra;tls of pay, and other conditions of employment,
alpprovred- and prescribed byT the 1President.
(4) In accordance writh~ thle provisions of subsections 1, 2, and 3
of Section 1 of Article lIV, th~e memblllers of this industry propose
to continue the open or closed shop policy heretofore followed by
such member and under w~hichn unusually satisfactory and har-
mnonious relations with employees have been maintained.
(5) T'he selection, retention, and advancement of employees will
be on the basis of merit without regard to their affiliation or non-
affiliation with any labor organization or other organization.
SEc. 2. On and after the effective date of the Code:
(1) The maximum hours for drivers and their helpers and dis-
patchers shall be fortly-eight hours in any one week. The hours
spent by an ownerI1I or employees dlendh~lendingl~ on a, vehicle shall
not be considered as working hours.
(2) In consideration of the difficulties attending the supervision
of dlriver~s an-d helpers while en route? and of measuring actual per-
formance,, thne employer may elect to pay on an hourly basis, or on
the following ratios of hours to miles on intercity or line haul:
For a tractor, semitrailer and one extra trailer, 720 miles of travel
shall be equivalent to 48 hours of labor; for a tractor and semni-
tra;ilerl or for a truck and trailer, 960 miles of travcl, shall be equiva-
lent to 48~ hclursi of labor; for a straight tr~uchl, 1,060 miles of travel
shall be equivalent to 48 hours of labor.
(3) In further consideration of the special conditions connlected
with thiis indu ~tryl, the m~aximnum hours of labor mayecdth
anI;Sinannll set forth herein for any one week: Pr~oldded, howetorevtr~ ier
That in such case the avera;gc number of hours per week for anly
three months' period shall not exceed the masimlum of 48 hlours
(4) Except employees primarily or wholly in managerial, super-
vrisory, or executive capacities who now receive more than. $35 per
wreek, employees on maintenance anld repair work, outside salesmen
or solicitors, watchmen, billing and rate clerks, station managers or
employees on very special cases where restriction of hours of highly
skilled workers would unavoidably reduce service, and excerpt drivers
and. their helpers prolvidell for under subsectionls (1), (2), and (3)
of this Section 2, no office or other employee shall be caused or
permitted to work jfor m~ore than forty hours in any one w-eek, andll
no subscriber to the Code shall reduce the hours in any establish-
ment or service operation to below fifty-two hours in any onie wreek,
unless such hours wer less than fiftyr-two hours per week before
Jluly 1. 1933 and in the latter case shall not reduce such hours at all.
SEc. 3. A after the date of the employment of any memllber of thle
Industry of an~y eple such member shall not knowTing~ly peCrmit
sulch empyloyee, who hllhave performed work for one or m~ore
other employers, to work for such .member such number of hours1',
or their equriva;lenit as p,,\MIrole in 11ub-ce~tioni (2) of Se~fction 2 of
this Article I[V as wil result in a violation of the Code ha~d all
Fuch wTork been performed for such member.
SEC. 4. (1) The provisions of this Article IVT regarding miaximum
hours may be adjusted to conform with maximum hours of different
compllletitive forms of transportation agencies which are under th~e
superv'\isionl of thle Inltc'r-f~tat Cornun-~''cC'rree Conun~i-si. Pub.lic Utility
Coiimmisions, ad l/or such goverming regulatory bodlies as may exist.
(2) The provisions in Article IV as to hours of laborl alnll wages
*InI not applyT to private trucks that come under an individual ed
wher~le both the maximum hours are not more and the minimum wnage
o~f that Code not Tess than provided herein.
SEC. ,5. hTO ]HllD Ol~'I OO t10 Iinlll~t } Shall know,\\inllry emp~llry ux
or about its e~~.;l.@hlilunen~t or operat.;lions: in the industry any1\ person.
under isixeenl Yea~ir of nee() Ig. e let that persons"- be~tween~r fourteenP1
andl sixteen w~cars of neer ma~y he( emloyed-'.c' (but not in manlrufaer-
turin o llr niecai';l prove~.ll-es) for noti to exsceedlt three hours p~er
cdayl arl those~~ hours between~lr 7i A\.M. and~ 7 P.3L. in~ such work~`] as
wFill not inlte~fere~ With hours of dlay) wool00.
Srec. 6. Ilntil chan~iicedl by\ unwndl('l ntll~ to the Codec, no member13~l of
the indurstryg shall pray to any of the (lames~ of em >Inv,3ees subje~t.
to thle p~rovisionsli o-f slc'tinn! 2 of this Article IV7 less" than. fortyT
cents p~er hlourl unless thle houlr~ly rate for the same cl~ss of work
on July 15. 1990L w-as less thanll forty. cents per h~our in. wh-ichl Intler
case not. to pay1\ less thanll theC hou)rly rate? on J~uly 15, 1929 and1 in1
no event less thlan thirty. cents p~er hou~lr in th~e North an1d twenty-
fivec cents p~er hlour inl tlhe South. It is agr~eedl that th-is paragr~aph
establishes a guaranteedl miinimium rate of p)b~lay rega~rdles of whether
the emlploy-ee is complens~ated onl the basis o iert ro
Siw. 7. N~o memlber of the induIl~I" stry hll use any subterfuge
to frustrate thle sp~irit andt inltentt of th~is ag~reemlent which is, amlong
other th~ingsr, to increa ~ne ternploymlent by a universal cov~enant, to
remove olbstructions~ to columller~ce, and to Shlortel hIour's anid to raised
-wages for th~e shortelnr wee to a living basis.
HTICLE V-1FAIR1 PRACTICES
The following shall apply to op~era~tor~s of vehicles usedl for thre
transportation of property :
SecrricN 1. It shall be an unfair trade practice to transport prop-
erty at less than reasonably complensaftor~y rates and charg~It'i es excp~t
for a recognized ch~aritable organization and it shall further be
deemed an unfair trade practice for a pr~ivate operator of a motor
vehicle, dlraly, or team who shall not include in his e~crlement of cost
such sums for his own service as would correspond to the stallnldar
wage for like service of an e~mployee~t~ doingr similar th~ings, if such
things were done by an emplloyee conuing wiithin the scope of this
See.. i2. It shall be unrfair tradec prm-;''til-0 to givel secret rebtes;li or
a!ttlemnents, to obtain business by the use of coiinewr:-~i; d bribery, to
make any dliscirimination inl the charc~e as between different shippers
or consrignees of the same commodities, which; difference is not meas-
ur~ed by differences in Ithe costs in performningr services.
S~c. 3. Violation by any op~erator of v-ehicles used for the trans-
portation of property of anS prlov'isio)nS of thlis Codef, or of any
:Ill~dnenmets here~to, is her~eby declared to be anr unfair trade pract'-'ice.
ARITI[CLE, YT-FRIOICR C(xII;:.?CITSC
Where th-e costs of e \:I'I nling COntraiCtS; entered into prior to the
approval of this Code a re( increased by the application of this Code
under the Nationn~l ]Industrial Recovery Ac~t, it is equitable and
p~romotive of thne purposes of this Act that appropriate adljustments-
of such contracts to reflect inlirr:l-ed costs be had.
Fior thle purpose of admlinistering- the provisions of this Code and
of aiding in the atminilltratio~i n of the Nationarl I~ndustrial Recovery
Aict, the Execul~t;\ ve Committee of the Federatedl Truck A~ssociations
of Anwr(ric_; is hereby authorized and emplowyelred to perform anly
functions and exercise any power ne(.tcsa ryg to carry out thne piro-
visions of this Code, to obtain. thle a~pproval; of the same by the
National Recovery Allnnisitrationn to rece.~ive as appendices to this
Code and obtain the approval thereof of codes for can.-sified or
r~egiond~l divisions of the industry, to fix thle pro rata share of the
atmounts11 to be boor~ne by those participating in this Code required to
defray the expenses of the administration of its provisions, and to
do any and all thilngs necessary or incidental to the carrying out
of the provisions of this Code.
ARTICLE 7111- GENERAL
SECTION 1. No provision of this Code shall be interpreted or
applied in such a manner as to (a) promote monopolies; (b) permit
or encourage unfair competition; (c) eliminate or oppress small
enterprises; or (d) discriminate against small enterprises.
SEO. 2. Thiis Code or any of its provisions mayTv be canceled
or modified and anly approved rule issued thnereunder shall be in-
effective to thc exstent nec~essaryS to conformi to any~ action of the
SjEC. ;.I. In ontler to prIovide da:ta~ necemar;11y forl t~he asn~linlistra-
tion of the National Ilndust~rial Recovery Act, ani the enerymgin out
of the provisions of this Code, the muemblers of this industry shall
furnisht 5sttistical information aIs requriried to the agency nuthlorizedl
inl this Cod~e.
ARTICLE IX EFF`ECTIVEG DAT EAND TERMIINATIONI
TIhe ~r~ovisionis of the Codle shaill become effective andl bindingl
upon all those participating in the Code ten days~ after appr~ovnl of
the Code by the President and shall remain in effect until and for
Fsity dayl!s after Title I o-f the National Indulstrial Re~coverya Alct
shall have ceased to be effective either by expiration undiier its terms
or by proclamlation of the President. When so termninated, all obli-
gations andl liabilities under the Colde shall cease, except those for
uinpaidl dues and assessments ther~etofore mladee in accordance with
thle provisions of the Code.
This Code may be amended at any: time by those participating
therein in the manner determined by them~.
UNIVERSITY OF FLORIDA
II IIII1l1 I 11111 11li l i l ll
3 1262 08855 8670