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Approved Code No. 278--Amendment No. 5
Registry No. 1411-61
NATIONAL RECOVERY ADMIINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON MAY II, 1935
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Approved Code No. 278--Amendment No. 5
AMENDMENT TO CODE OF FAIR COMPETITION
As Approved on May 11, 1935
APrrovrwa AMCENDM6ENT OF CODE OF FAIR COiMPETITION FOR THE
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
RtecoveryT Act, approved June 16, 1933, for approval of a modification
to the Clode of Fair Competition for the Truckingr Industry, and an
opportunity to be heard having been duly afforded all interested
parties anld the annexed report on said modification, containing
findings with respect thereto, having been made and directed to
NOW, THI-EREFORE, on behalf of the President of the United
States, t~he National Industrial Recover~y Board, pursuant to author-
ity vested in it by Executive Orders of thie President, including Exec-
utive Order No. 6589, dated September 27, 1934, and otherwise; does
hereby incorporated by reference, said annexed report and does find
that said modification and the Code as constituted after being modi-
~fied comply in all respects with the pertinent provisions and will
promote the policy and purposes of said Tiltle of said Act, and does
hereby order that said modification be and it is hereby approved, and
that the previous approval of said Code is hereby modified to include
an approval of said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HJARRIM6AN, AdRinistrati~ve Officer.
Approval recommended :
L. H1. PEEBLES
WASH[INGTON, D. C.,
May 11, 1935.
REPOIRTC TO THE PRESIDENT
T'he White HFiouse.
Sm: An application has been duly made pursuant to and in full
complianee with the provisions of thne NJational Industrial R~eov~ery
Act for an amlendmlent. to Article V,7 Section B, Subsection 4 of the
Code of Fair Competition for the Trucking Inlustlry.
The Code of Fair Competition for the Trucking Industry was
approved on February 10, 1934. ~Article V, Section B provides for
minimum wages for thle various emnploee~s engaged in thle Industryr.
TChis proposed amendment was submitted to the _Adminlistration
by the National Code Authority for the said Industry. After ap-
proval, this amendment will set up minimum wPeekly rates of pay
for rate clerks and dispatchers and will thlereafter be a pa rt of thie
Code and enforceable as such.
This amendment proposes to set up minimum wage scales for rate
clerks and dispatchers of (a) $18.00 per week in any city of 500,000
population or over, or in the immediate trade area thereof ; (b)
$17.40 per wcPeek in anyTv city- of 250,000 or over and less than 500,000
population, or in the immediate trade area thereof ; (c) $16.80 per
weekr in cities or places of less than 250,000 population.
Under the provisions of Article V, Section A, Subsection 1 of the
Trucking Code, no employee engaged in clerical or office work except
rate clerks and dispatchers is permitted to work in excess of forty
(40) hours in any one week. All other employees excepting drivers
alnd helpers (including rate clerks and dispatchers) may not work in
excess of forty-eight (48) hours per week averaged over a three we~ek
Article V7, Section BE, Subsection 4, as now written, provides that
office employees shall not be paid less than at the rate of (a) $15.00
per week in any city of 500,000 population or over, or in the im-
mediate trade area thereof ; (b) $14.50 per week in any city between
250,000 and 500,000 population, or in the immediate trade area
thereof; (c) $14.00 per week: in cities or places of less than 250,000
It can be seen that in the hour provisions a differentiation is made
between the maximum hours allowed for rate; clerks and dispatchers
and those allowed other office employees. The former are allowed to
work forty-eight (48) hours a week averaged over a three weekr
period and the latter are restricted to forty (40) hours a week.
H-owever, in the wage provisions no such differentiation is made and
all office employees are to be paid at the rate specified above. This
is inequitable since under this arrangement rate clerks and dis-
patchers would be paid the same weekly wage for a forty-eigrht (48)
hour wPeek that other office employees are paid for a forty (40) hour
IRate clerks and dispatchers are as skilled as any other type of
office employee and should receive at least. the same, rate of pay.
This amendment is drawn to achieve this result. Thne weekly w-age
scales set up in the proposed amendment have been, arrived at by
dividing the weekly wage of office employees in each. class by forty
and by multiplying the result by forty-eight.
The Deputy Admlinistrator, in his final report to the ~National
Industrial Recover~y Boardc on this amendment to said Code, having
found as herein set forth and on the basis of all prweedingsllbr in this
The Nat iolnl Industrial Recovery Board finds that:
(a) This amendment will eliminate an inequyitable~c differet'~linI rela-
tive to minimnumn wages as applied to clerical employees in the
Truckiing In dlu -try.3
(b) This amendment will correct an, ov~ersigaht in code dra ft i ng that
should have been contained in the Trucking Code from the beginning.
(c) TChis amendment providing m~inim~um wages for rate clerks and
dispatchers is fair to industry members and beneficial to labor.
(d) The nInIl(~lendnet to said Code and the Code as amended are
well designed to promote the policies and purposes of TCitle I of the
National Industrial Recovery Akct, including the removal of obstruc-
tion3 to the free flow of interstate and foreign conunerltlc~ e which tend
to diminish th~e amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative nation among trade groups, by ind-ucing and maintain-
ing united action of labor and management under adequate govern-
mental sanction and supervision, by- eliminating unfair competitive
practices, by promoting the fullest possible utilization of the present
producing capacity of industries, by avoiding undue restriction of
production (except as may be temporarily required), by increasing
the consumption of industrial and agricultural products through in-
creasing purchasing power, by reducing and relieving employment,
by improving standards of labor, and by otherwise rehabihitating
(e) The Code as amendedl c complies in all respects with the perti-
nent provisions of said Title of said Act, including without limnita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(f) The Code Authority, which submitted the application for
amendment of the Code, is authorized by said Code to submit
amendments which upon approval by the National Recovery Ad-
ministration, wCill become binding on the Industry.
(g) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(h) The amendment and thne Code as amended are not designed
to and will not elinilnate or oppress small enterprises and will not
operate to discriminate against them.
(i) Those engaged in any other steps of the economic process
have not been deprived of the right to be heard prior to approval
of said amendment.
For thle reasons, this amendment has been approved.
For the National Industrial Recovery Board:
W5. A. H3ARRIMAN,
i. L Administirative Offeer.
MaAY 11, 1985.
AMENDMENT TO CODE OF FAIR COMIPETITIONO FOR THE
Article V, Section B, Subsection 4 is hereby amended by adding
the following clause thereto:
"; provided, however, that no rate clerk or dispatcher shall be paid
less than at the rate of (a) $18.00 per week in any city of 500,000
population or over, or in the immediate trade area thereof a (b)
$17.40 per week in any city of 250,000 or over and less than 500,0100
population, or in the immediate trade area thereof ; (c) $16i.80 per
week in cities or places of less than. 250,000 population."
As thus amended, Article V,7 Section B, Subsection 4 reads as
4. No offce employees shall be paid less thranl at the rate of (a)
$;15.00 per week~ in any city of 500,000 population or over, or in the
immediate trade area thereof ; (b) $14.50 per week in any city be-
tween 250,000 and 500,000 population, or in the immediate tr~ade
area thereof; (c) $14.00 per week in cities or places of less than
250,000 population; provided, however, that no rate clerk or dis-
patcher shall be paid less than at the rate of (a) $18.00 per week
in anyr city of 500,000 population. or over, or in the immediate trade
area thereof; (b) $17.40 per week in any city of 250,000 or over and
less than 500,000 population, or in the immediate trade area. thereof ;
(c) $16.80 per week in cities or places of less than 250,000 popu-
Approved Code No. 278--Amendment No. 5.
Registry No. 1411--61.
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