Proposed code of fair competition for the Atlantic Coast coal dock operating industry as submitted on August 11, 1933

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Material Information

Title:
Proposed code of fair competition for the Atlantic Coast coal dock operating industry as submitted on August 11, 1933
Portion of title:
Atlantic Coast coal dock operating industry
Physical Description:
4 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:
Coal -- Transportation -- Atlantic Coast (U.S.)   ( lcsh )
Coal shipping terminals -- Atlantic Coast (U.S.)   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1417-12."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004950843
oclc - 656588280
System ID:
AA00007134:00001

Full Text


Registry No. 1417--12


NATIONAL RE COVE RY ADM INISTRATION



PROPOSED CODE OF FAIR COMPETITION

FOR THE

ATLANTIC COAST COAL DOCK


The Code for the Atlantic Coast Coal Dock Operating 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




UNITED STATES
GOVERNMrENT PRINTING OFIflCE
WASHINGTON : 1533


For sale by the 8aperintendent of Doculments, Washingion, D.C. ..~ Plee a conta


OPERATING INDUSTRY

AS SUBMITTTED ON AUGUST 11, 1933


UNIV. OF FL LIB.E DO oo sRa PART
DOCU ~'TS DEPT.




U.S. DEPCfN ';































ATLANTIC COAST COALI DOCK OPERATORS ASSOCIATION













CODE OF FAIR COMPETITION FILED BY ATLANTIC COAST
COAL DOCK OPERATORS ASSOCIATION

August 11, 1933

To effectuate the policy of Title I of the National Industrial
Recovery Act, during the period of emergency and because of said
Act, the members of the Atlantic Coast Coal Dock Operators Asso-
ciation, establish the following provisions as a Code of Fair Coml-
petition for this branch of the coal industry.
I--PURPOSE

It is the declared purpose of the Atlantic C~oast Coal Dock
Operators Association and of the adherents to this Code, to reduce
and relieve unemployment; imrov h tnadso ao;t
incrasethepurhasng owe ofits employees; to provide regula-
tions for the distribution of coal that will be fair and equitable
to the employee, consuming public, and to this branch of the coal
industry.
II--DEFINITIONS

The Atlantic Coast Coal Dock Operators Association, as used~
hlerein, shall include persons operating coal handling plants and/or
engaged in the sale and /or physical handling of solid fuel from
vessels in all Atlantic tidewater ports.
The term employees as used herein, shall include: all persons
employed in the conduct of the coal business in this branch of -the
coal industry.
The term "L persons shall include natural persons, partnerships,
associations, trusts, and corporations.
The term "L effective date ", as used herein, is defined to be Sep-
tember 1, 1933, or if this Code shall not have been approved by
the President fourteen days prior thereto, then fourteen dlays after
such approval.
The term "L solid fuel ", as used herein, includes Anthracite, Bitumi-
nous or Semi-Bituminous Coal, Gas Coal, Cokte, Ovoids, Briquettes,
Petroleum Coke, and any mixture or combination of the foregoing.
III-LABOR

A. On and after the effective date, the minimum wage that shall
be paid by the signatories hereto to any of their Dock employees shall
be at the rate of 40 cents per hour, except for transient employees en-
gaged in trimmling coal from and in vessels in the process of unload-
ing stennriers or barges, and these employees shall be paid not less
9154--33 (13








than 50 cents per hour. Office employees shall be paid not less than
a. minimum rate of 35 cents per hour.
B. On a~nd after the effective date, employers in this branch of
the coal industry shall not operate on a schedule of hours for their
employees in excess of a.n average of 40 hours per week in each calen-
dar year, except as for exemptions allowed as follows: watchmen,
firemen, weighmlasters, engineers, stevedores, and repair crews, -ci~sh
executives and supervisoryS employees or skilled office employees,
drawing $35.00 or more per week, and except as required to comply
with bona fide agreements already made with a. labor organization.
Provided, however, that hourly rates of payr shall not be less than the
minimum hourly rates herein provided.
C. On a~nd after the effective date, employers in this branch of the
coal industry shall not employ any minor under the age of 16 yeedS.
D. For t~he purpose of keeping the President informed as to the
observance or nonobservance of this Code of Fiair.Competition, and
as to whether this branch of the coal industry is proceeding to effectu-
a.te the declared policy of the National Industrial Recovery Act,
each person engaged in this branch of the coal industry will furnish
duly certified reports in such form as may be provided, giving returns
every four weeks showing actual hours worked by the various occu~pa
tional groups of employees and minimum rates of pay. The Atlantic
Coast Coal Dock Operators Association, 31 Wleybosset Street. Provi-
dence, R.I., is constituted the agency t~o collect and receive such
reports.
IV--PLANNING

To further effectuate the policies of this Act, the Atlantic Coast
Coal Dock Operators Association, the applicants herein, or such
successor committee or committees as may hereafter be constituted
by the adherents of the industry, is set up to cooperate with the Ad-
ministrator as a planning and fair practice Agency for this branch
of the coal industry. Such agency may from time to time present to
the Administrator recommendations based on conditions in the indus-
try as may develop from time to time which will tend to effectuate the
operation of the provisions of the code and the policy of the National
Industrial Recovery Act, and in particular along thp following lines:
1. Recommendations as to the requirements of the A~dministrator
of such further reports from persons engaged in .the coal industry
of this district of statistical information and keeping of uniform
or such detailed accounts as may be required to secure the proper
observance of the code and promote the proper application of divi-
sion of costs to the respective types of services performed.
2. Recommendations for the requirement of registration by per-
sons engaged in this branch of the coal industry.
3. Recommendations for changes in, or exemptions from, the pro-
visions of this code as to t~he working hours of labor in cases of
seasonal or other emergency conditions to preserve a balance of
distributive activity with consumption requirements, so that the
interests of the public and productive enterprises may be properly
served.
4. Recommendations for the making of requirements byheAd
ministrator as to practices by persons engaged in this brnc o








the coal industry as to the methods and conditions of trading, the
naming and report~ingr of prices which may be appropriate to avoid
discrimination, to prevent and eliminate unfair and destructive com-
petitive prices and practices.
5. Recommendations for dealing with any inequalites that may
otherwise arise to endanger the stability of this part of the coal
industry and of distribution and employment. i
Such recommendations, when approved by the Atdministrator,
shall have the same force and effect as any other provisions of this
Code.
Such Agency is also set up> to cooperate with the Administrator
in making investigations as to the functioning and observance of
any of the provisions of this Code, at its own instance, or on com-
plaint by any person effected, and to report the same to the Admin-
istrator.
V CONTRACTS

Where the costs of executing contracts entered into byJ the signa-
tories hereunder prior to the presentation to Congress of th Na-
tional Industrial Recovery Act are increased by the application of
the provisions of that Act to the industry, it is equitable and promo-
tive of the purposes of the Act that appropriate adjustments of
such contracts to reflect such increased costs to be. arrived at b
arbitral proceedings or otherwise, and the Atlantic Coast Coal DIock
Operators' Association, the applicant for this Code, is constituted
an Agency to assist in erffect~in* su1ch adjustments.

VI--CONDITIONS OF EM~PLOYMZENT

Employers in the Atlantic Coast Coal Dock Operators Associa-
tion shall comply with the requirements of the National Industrial
Recovery Act as follows: "(1) That employees shall have the right
to organize and bargain collectively through representatives of their
own choosing, And shlall be free from th~e interference, restraint, or
coercion of employers of labor, or their agents, in the designation
of such representatives or in self-organization or in other concerted
activities for the purpose; of collective bargaining or other mutual
aid or protection; (2) that no employee and no one seeking employ-
ment shall be required as a condition of empl oyme~nt to join any9
company union or to reframn from joining, organizing, or assistmng
a labor organization of his own choosing; and (3)~ that employers
shall comply with the maximum hours of labor, minimum rates of
pay, and other conditions of employment, approved or prescribed
by the President."
VII CANGELLATION OR NODIFCAIO

This code and all the provisions thereof are expressly made su-
ject to the right of the President, in accordance with the provision
of Clause 10 (b3) of the National Industrial Recovery Act, from tie
to time to cancel or modify any order, approval, license, rule, or
regulation, issued under Title 1 of said Act, an specifically to the
right of the President to cancel or modify his approval of this Code
or any conditions imposed by him upon his approval thereof.








VI[II--AMENDMENTS

Such of the provisions of this Code as are not required to be
included therein by the National Industrial Recovery Act may, with
the approval of the President, be modified or eliminated as changes
in circumstances or experience may indicate. It is contemplated that
from~ time to time supplementary provisions to this Cod~e or addi-
tional codes will be submitted for the approval of the President to
prevent unfair competition in price and other unfair and destructive
competitive practices and to effecuate the other purposes and policies
of Title 1 of the National Industrial Recovery Act consistent with the
provisions hereof
IX GENEILL

Nothing in this Code is designed to promote a monopoly, or to
elimlinate or oppress small operators.

Xi-TERMINATION

This Code shall continue in effect as to this association for six
months, and ther~eafter unless terminated at the end of said six
months, or at some later date, by thirty days' notice in writing to the
Administrator of the Act by this Association, of its intention so to do,
the date of termination to be set forth in such notice; and it shall
terminate in any event upon the expiration of two years from June
16, 1933, or sooner if the President shall, by proclamation, or the
Congress shall, by joint resolution, declare that the emergency recogi-
nized by Section 1 of Title 1 of the National Industrial Recovery Act
has ended.
Respectfully submitted.
ATLBwarc COAST COAL~ DOCK OPERATORS AssocIATIONI
By F~LETCHER P. BURTow,
Ok~airman of the Code Committee.








UNIVERSITY


1Ill 1II IIIIlilll 1 IIII
3 1262 01


'OF FLORIDA



8855 5858

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