For rsal by the Superntendent of Documents, Washington, D. C. . Prices cents
Aip2toved Code No. 285--Amendment No. 3
Registry No. 1414--05
NATIONAL, RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITIION
RAILWAY CAR BUILtDING
AS APPROVED ON IMAY II, 1935
WR~5 Do OUR PAIt
GOVERNMENT PRINTING OFFICE
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Approved Code No. 285-Amendment2 No. 3
AMPENDMENT11 TO CODEPi OF FiAIRe COMLI1PETIITION
JRAILWAY~hT CARe BUIL~JbBDIN INDt~USllfTRY
As Approvedl on May 11, 1935
APPROVING AMENDMENT OF CODE OF FAIR COMPETITIION FOR THE
RAILWAY CAR BUILDING INDUSTRY
An 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 an amend-
ment to a Code of Fiair Competition for the Railway Car Building
Industry, and hearings having been duly held thereon and the an-
nexed report on said amendment, containing findings with respect
thereto, having been made and directed to the Pr~esident::
NOW, THEREFORE, on. behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including
]Executive Order No. 6859, and otherwise, does hereby incorporate,
by reference, said annexed report and does find that said amnend-
ment and the Code as constituted after being amended comply in
all respects with the pertinent provisions and will promoted~ the
pIolicy and purposes of said Title of said Act, and does hereby
order that said amendment be and it is hereby approved, and that
the previous appr~oval of said Code is hereby amended to include
an approval of said Code in -its entirety as amended.
NATIonAL INve~rnIALS ~ RECOVERY BOARD,
By WV. A. HARRIMAN, admi~tistrat~ive Of)Ecer.
Approval recommended :
BAnTON WV. M1UnnBP,
WASHINGTON, D. C.,
M2lay 11, 1935.
The White House.
SIR: Under the Code of Fair Competition for the Railwsay Car
Building Industry as approved on FLiebruary 16, 1934, the Codek Au-
thority for said Industry has submitted the amendment which is
included and attached.
The amendment to Section. 1. of Article VII, by substituting the
word "' one "~ for the word "L two ", (so that the provision will read In
each case wherein one or more employers shall be invited to submit
proposals ) is designed to cure the confusion which has
resulted from the present provision, since an invitee did not know
whether or not there were others invited to bid.
The additions to Article IXlr prohibit the making of allowances in
quotations for materials to be furnished by the customer (except those
in his bona fide, inventory) or where the source of supply is specified
by the customer (except in the case of specialties). These provisions
are designed to save the members of the Industry from losses which
they have heretofore frequently incurred by using defective materials
furnlished by customers which resulted in the rejection of their finished
Hearing on the, amendment was held March 1, 1935 at the Depart-
ment of Commnerce ]Buildinlg in W~ashington, D. C., and opportunity
to be heard was duly noticed to all interested parties. One objection
was received, but was withdrawn at th~e hearing.
The Assistant D~eputy A-~dministrator in. his final report on said
amendment to said Code, having found as herein set forth and on
the basis of all proceedings in this matter,
It is found that:
(a) The amendment to said Code and the Code as amended are well
designed to promote the policies and purposes of Title I of the National
Industrial Recovery Act, including the removal of obstructions to thne
free flow of interstate and foreign commerce which tend to diminish
the amount thereof, and will provide for the general welfare by
promoting the organization of industry for the purpose of cooperative
action of labor and management under adequate governmental sanc-
tion and supervision, by eliminating unfair competitive practices, by
promoting the fullest possible utilization of the present productive
capacity of industries, by avoiding undue restriction of production
(except as may be temporarily required), by increasing the consumnp-
tion of industrial and agricultural products through increasing pur-
chasing power, by reducing and relieving unemployment, by impro~v-
ing standards of labor, and by otherwise rehabilitating industry.
REPORT TO' TI'HE PRtESIDENT
(b) TIhe Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
t-ion Subsection (a) of Section. 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The aforesaid amendment has been presented in accordance
with the provisions of Section 2 of Article XLII of the Code.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e)~ The amendment and the Code as amended are not designed to
and wil ot eliminate or oppress small enterprises and will not oper-
ate! to discriminate against thema.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
For these reasons, therefore, this amendment has been. approved.
]For th~e National Idustrial Recovery Board:
WC. A. HAI~RRIM AN,
MAY 1, 135. dminzistrative O~f)?er.
AMIENDME~NT TO CODE OF FAIR COMfPETITION FOR
THIE RAILWA1Y CAIR BUILDING INDUTSTRY'
(1) Article VII, Section 1: Chlang~e word two in first line t.o
" one ", marking it read: in ea~ch case wherein one or more emnploy-
ers shall be invitedl to submit proposals "'
(2) Article IX: Add the twRo following paragr~nphs:
(c) The malring of an allowance from the base price for any of
the products of the Indlustry3 quoted thne cus1tomerr1 for or on account
of any materials (other than manter~ins then in the bona fide inven-
tory of the customer) furnished bly the c~ustomner or if the purchase
thereof is directed by the customer to be made by the employer from
a source of supply designated by the customer, provided that al-
lowances may be mad?~e for specialties (atnd/or parts the~refor)j fur-
nished by the customer or the purchase of which is directed by the
customer to be made from a source of supply designated by thle
(d) The making of quotations for processing or the processing
of materials for completely articles requiring new materials for their
completion, all or a substantial part of the material for which~ (other
than specialties and/or parts therefore) the cus~tomller either furnrlishes
or direc~ts thle employer to purchase from al soulrct e of supp~ ly siga-
nated by the customer.
Approved Codle No. 285-Almendment No. 3.
Registry No. 1414-05.
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