Amendment to code of fair competition for the cement industry

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Material Information

Title:
Amendment to code of fair competition for the cement industry as approved on May 11, 1935
At head of title:
National Recovery Administration
Physical Description:
32 p. : ; 23 cm.
Language:
English
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United States -- National Recovery Administration
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U.S. G.P.O.
Place of Publication:
Washington, D.C
Publication Date:

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

Notes

General Note:
Cover title.
General Note:
"Approved Code No.128 - Amendment No.1 ; Registry no. 1010-1-02".

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004851312
oclc - 593541510
System ID:
AA00007703:00001

Full Text
UNIVERSITY OF FLORIDA

I1 1IBII IIIIII t 4 IIIlllB i 5lllBI11 t1111WI
3 1262 08482 9505


amendment No. 1


Registry No. 1010-1-02


NATIONAL RECOVERY ADMINISTRATION



AMENDMENT TO
CODE OF FAIR COMPETITION
FOR THE

CEMENT INDUSTRY


AS APPROVED ON MAY 11, 1935


WE DO OUR PART


UN V. .

,s'#1F


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


For sale by the Superintendent of Documents. Washington. D. C. Price 5 cents

























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Approved Code No. 128--Amendment No. 1


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

CEMENT INDUSTRY

As Approved on May 11, 1935


ORDER

APPROVING AMENDED CODE OF FAIR COMPETITION FOR THE CEMENT
INDUSTRY
An application having 1,been duly made pursuant to and in full com-
pliance with the provisions of Title I of the National Indu Lt rial Re-
covery Act, approved June 16, 19 13, for the approval of an amended
Code of Fair Competition for the Cement Industry, and hearings hav-
ing been duly held thereon and the annexed report on the said
amended Code, containing findings with respect thereto, having been
made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to the
authority vested in it by Executive Orders of the President, includ-
ing Executive Order No. 6859, and otherwise; does hereby incorpo-
rate, by reference, said annexed report and does find that said Code
as constituted after being amended complies with the pertinent provi-
sions and will promote the policy and purposes of said Title of said
Act, and does hereby order that the Code as amended be and it is
hereby approved, subject, however, to the following conditions:
(1) That the operation of Section 8 of Article X of said amended
Code be and it is hereby stayed as to all parties subject thereto pend-
ing the further Order of the National Industrial Recovery Board, and
to afford the Industry, in conjunction with the National Recovery
Administration, an opportunity to make a further study of said
provision:
(2) That Article XVII shall be deleted.
NATIONAL INDU.-TRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Ad;li;witlrative Offi.er.
Approval reciinninended:
W. P. ELLIS,
D'i.';.on A dm ;idr ;.,.i,'ator.
WASHINGTON, D. C.,
May 11, 1935.
135365--1844-25---35 (1













REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: The original Code of Fair Competition for the Cement Indus-
try was approved on November 27, 1933. The Cement Industry as
represented by the Code Authority for the Cement Industry subse-
quently submitted an application for modification of the Code of
Fair Competition for the Cement Industry approved on November
27, 1933, by amending such Code as set forth and subinitted in the
application for amendment.
The Labor and Consumers' Advisory Boards and the Legal Divi-
sion of the National Recovery Administration, and the National
Recovery Administration also submitted proposals for amendment.
To that end a public hearing was held on July 11, 1934. Every
person who reqIuested an appearance was properly heard in accord-
ance with statutory and regulatory requirements. The Code was
revised during the recess of this hearing and was submitted in its
final form for approval by a duly authorized committee of the Code
Authority acting upon resolution adopted by the Board of Trustees
of the Cement Ini-titute on December 29, 1934, and who represent
98.4% of the Portland Cement productive capacity of the United
States.
The Portland Cement Industry includes the mining or quarrying
of raw materials for use in the manufacture of products of the
Industry and the manufacturing of products of the Industry, or the
manufacturing of products of the Industry, or the original sale
directly or indirectly of products of the Industry by Members of the
Industry.
In general it may be said that production of Portland Cement in
the years 1928 to 1932 shows a decline of 54%. A comparison with
the number of persons employed in the Industry shows a decrease
from 34,000 employees in 1928 to 11,941 in 1933, or a decline in
employment of 68%.
The rated capacity of the Cement Industry is about 272,000,000
barrels per year. In 1932 Portland Cement in the amount of
80,843,187 barrels was shipped from 160 plants, and there were six
plants li-ted as inactive. The total rated production capacity was
272,000,000 barrels and the rated capacity utilized was 28.3%-152
plants shipped 64,086,000 barrals in 1933. The rated capacity uti-
lized being 23.9' ; the smallest in the present century. The lack
of consumption c.aed serious financial losses in many companies
and led to major operating economies such as part-time operation
with low personnel, contraction of sales organizations' reduction in
administrative personnel, etc.








Due to the widespread location of plants which, in the main, are
in small communities, the Indli-try is one that can show marked
improvement in reemployment ;and in ,opliirtiii ratios when the
public works program gets in full swing. For the first quarter of
1934 there was a marked iiricrea.-e in shipments.
In the Code as approved November 27, 1933, a provision wai made
that no employee shall work or be permitted to work in excess of
42 hours in any one week or 8 hours in any one day, nor more than
36 hours per week averaged over any half calendar year, except
that employees engaged in emergency maintenance and repair work
involving breakdowns or protection of life or property, and em-
ployees in packing and shipping departments, who shall not, how-
ever, work more than 10 hours in any one day or 36 hours per week
averaged over any half calendar year. In keeping with the policy
of the National Recovery Administration all reference to the averag-
ing provision has been deleted in the amended Code, and in lieu
thereof has been substituted a provision that no employee shall be
permitted to work in excess of 40 hours in any one week or 8 hour,
in any 24 hour period or for more than 6 days in any 7 day period,
except as otherwise provided for specific employees.
The Deputy Administrator in his final report to us on said amend-
mient to said Code having found as herein set forth and on the basis
of all the proceedings in this matter:
We find 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 obstruc-
tions to the 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 gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating Industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsiection (a) of Section 7, and Sub-
section (b) of Section 10 thereof.
(c) The Cement Institute was and is an industrial group truly
representative of the aforesaid Industry and that said group imposed
and imposes no inequitable restrictions on admission to membership
therein and consents to this amendment.
(d) The amendment and the Code as amended are not designed to
and will not permit or promote monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.






4

(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
amendment.
For these reasons, therefore, this a nund client, subject to the deletion
of the specific provisions as set forth in the Order of Approval, has
been approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
A dJin.;. .s frt;' Officer.
MAY 11, 1935.













AMENDED CODE OF FAIR COMPETITION FOR THE
CEMENT INDUSTRY

ARTICLE I-P I l'HrS.E:
To effect the policies of Title I of the National Industrial Recovery
Act, the following provisions are established as a Code of Fair
Competition for the Portland Cement Industry, and shall be the
standards of fair competition for such Iiidustry, and shall be binding
upon every Memiber thereof.

ARTICLE II-DEFINITIoNs
SECTION 1. Wherever used in this Code or any supplement apper-
taining thereto, the terms enmun.iratedl in this Article II shall have
the meanings herein defined, unless the context shall otherwise
clearly indicate.
SECTION 2. The terms President ", "Act and N. I. R. Board "
shall mean respectively the President of the United States, Title I
of the National Industrial Recovery Act, and the National Industrial
Recovery Board as created by Executive Order 6859 of Septembceri
27, 1934.
(a) The term Code" shall mean the Code of Fair Competition
for the Cemient. Industry as approved on Novemiber 27, 1933, as
amended.
SECTION 3. The term Portland Cement Industry or Industry "
includes:
(a) The i.ining or quarrying of raw materials for use in the manu-
facture of products of the Industry and the manufacturing of prod-
ucts of the Industry; or
(b) The manufacturing.of products of the Industry; or
(c) The original sale directly or indirectly of products of the
Industry by Members of the Industry.
SECTION 4. The term "original sale" shall include, but without
limitation, the sale by a Meinlber of the Industry of products of the
Industry lpurchased from another Member of the Industry.
SECTION 5. The term products of the Industry includes the
following:
(a) Portland cements which comply with standalrd specifications
or tentative standards of the American Soeiety for Testing
Materials.
(b) Modified and/or treated Portland cements.
c) Cementitious products in which Portland cement or Portland
cement clinker is an essential constituent and which are sold in com-
petition with and used in lieu of Portland cement, excluding, how-
ever, masonry and/or bricklayers' cements marketed and/or used as
such.








SECTION 6. The term Member of the Industry" includes, but with-
out limitation, any individual, partnership, a-sociation, corporation
or other form of enterprise engaged in the Industry, either as an
employer or on his or its own behalf.
SECTION 7. The term affiliate means any individual, partnership,
association, corporation, or other form of enterprise whose relations
to a Member of the Industry are such that either one has directly or
indirectly a substantial interest in the other or that a third entity
or a group of stockholders has directly or indirectly a substantial
interest in both or substantial control of both.
SECTION 8. The term employee" includes anyone engaged in the
Industry, in any capacity, receiving compensation for his services,
irrespective of the n;riture or method of payment of such compensa-
tion, except a Member of the Industry.
SECTION 9. The term employer includes anyone engaged in the
Industry by whom any such employee is compensated or employed.
SECTION 10. The term "district" means each of the gegrnphical
producing districts of products of the Industry as now or hereafter
designated by the United States Bureau of Mines or other govern-
mental agency.
* SECTION 11. The term "productive capacity" shall mean the pro-
ductive capacity of the Industry as determined by the United States
Bureau of Mines.
SECTION 12. The term Institute shall mean The Cement Insti-
tute.
SECTION 13. The term "Board" shall meani the Board of Trustees
of The Cement Institute.
SECTION 14, The term "plant" shall mean a Portland Cement
Ma nufacturing Plant.

ARTICLE III-HOURS OF LABOR
MAXIMUM HOURS
SECTION 1. No employee shall be permitted to work in excess of
forty (40) hours in any one (1) week or over eight (8) hours in any
twenty-four (24) hour period or more than six (6) days in any seven
(7). day period except as herein otherwise provided.

HOURS FOR CLERICAL AND OFFICE EMPLOYEES
SECTION 2. No person employed in clerical or office work shall be
permitted to work in excess of an average of forty (40) hours per
week during any five (5) week period, or more than forty-eight (48)
hours in any one (1) week period.

:EXCEPTIONS TO HOURS
SECTION 3. The limitations specified in Sections 1 and 2 of this
Article III shall not apply to the following:
(a) Employees engaged in emergency maintenance or emergency
repair work involving breakdown or protection of life or property;
provided, that not less than one and one-half (11/) times the regu-









lar wage rate for any employee so employed shall be paid for all
hours worked in excess of the mnnximlni hours her.inbiefore provided.
(b) Employees in packing and shipping departments; provided
such employees shall not be permitted to work in excess of forty-
eight (48) hours in any one (1) week; and provided further, that
not less than one and one-half (11/2) times the regular wage rate
for any employee so employed shall be paid for all hours worked in
excess of forty (40) hours in any one (1) week.
(c) Persons in a managerial, executive, supervisory or technical
capacity and their immediate assistants (excluding skilled produc-
tion workers), provided that this exception shall apply to no such
employee who is paid less than at a rate of Thirty-Five Dollars
($35.00) per week; and sales and sales service employees.
(d) Watchmen; provided such employees shall not be permitted
to work in excess of fifty-six (56) hours in any seven (7) day period,
or more than six (6) days in any seven (7) day period.

EMPLOYMENT BY SE\VE.'.AL EMPLOYERS

SECTION 4. No employer shall knowingly permit any employee to
work for any time, which, when totaled with that already performed
with another employer or employers in this Industry or any other
Industry, or in any Trade, exceeds the maximum permitted herein.

ARTICLE IV-WAGES

MINIMUM WAGES

SECTION 1. Except as hereinafter provided, no employee shall
be paid at less than the hourly rates specified for each of the twelve
(12) geographical districts, which as now designated are set forth
in Exhibit A of this Code, as follows:
Minimum wage
District: per hour (cents)
No. 1. Eastern Pennsylvania, New Jersey, Maryland -- -------- 40
No. 2. Niw York, Maine---------------------- 40
No. 3. Western Pennsylvania, Ohio, West Virginia ---------------- 40
No. 4. Michigan -------------------------------- -- 40
No. 5. Wisconsin, Illinois, Indiana, Kentucky--_-----_- __ --40
(Except Jefferson and MtMele Counties, Kentucky) ____ 38
No. 6. Virginia, Tennessee, Alabama, Georgia, Florida, Louisiana --- 30
No. 7. Eastern Missouri, Iowa, Minnesota; South Dakota-------- 40
(Except St. Louis County, Minnesota, and Rails County,
3M issuri) --------------- ----------------- 37
No. 8. Western Missouri, Nebraska, Kansas, Oklahoma, Arkansas__ 40
No. 9. Texas ------------------------------------------- 30
No. 10. Colorado, Montana, Utah, Wyoming, Idaho ---__------ 40
No. 11. California ---------- -------_----------------- 40
No. 12. Oregon, Washington- ------- ---------------- 40
The rates of pay hereinbefore provided shall not be understood
to be the maximum rates of pay for the respective districts.

HANDICAPPED PEI:SONS

SECTION 2. A person whose earning capacity is limited because of
age, physical or mental handicap, or other infirmity, may be employed
on light work at a wage below the minimum established by this
135365 ----1844-25---35-2








Code if the employer obtains from the state authority, designated by
the United States Department of Labor, a certificate authorizing such
person's employment at such wages and for such hours as shall be
stated in the certificate. Such authority shall be guided by the instruc-
tions of the United States Department of Labor in issuing certificates
to such persons. Each employer shall file monthly with the Code
Authority a list of such persons employed by him, showing the wages
paid to, and the maximum hours worked by such employees.

PIECEWORK COMPENSATION
SECTION 3. The foregoing provisions of this Article establish a
minimum rate of pay regardless of whether an employee is compen-
sated on a time rate, piece rate, or other basis.

WAGES ABOVE THE MINIMUM
SECTION 4. Adjustments of wages with respect to wages above the
minimum shall be made within thirty (30) days after the effective
(late of this Code by each employer who has not heretofore made
such adjustments since the enactment of the National Industrial Re-
covery Act. Such adjustments shall mean the maintenance of a
differential at least as great in amount as that existing between the
wage rates for such employment and the then existing minima subse-
quent to the d;at of the last adju-.tment made prior to this Code's ap-
proval on November 27, 1933. In no event, however, shall hourly
rates of wages be reduced in making such adjuistinlt-. Within sixty
(60) days after the effective date of this Code each MeNiher of the
Industry shall nim:ke a report of such adjustment, whether made prior
to or subsequent to the date of approval of this Code, to the Code
Authority.
PAYMENT OF WAGES
SECTION 5. Each employer shall make payment of all wages in
lawful curreIny, or by negotiable check therefore, payable on demand.
These w;lges shall be exempt from any deductions other than those
voluntarily authorized to be deducted by an employee or required by
law. Pay periods for wages shall be at no greater interval than every
semimonth, and salaries at no greater interval than every month. No
employer shall withhold wages except as otherwise provided by law.

ARTICLE V-GENERAL LABOR PROVISIONS
CHILD LABOR
SECTION 1. No person under eighteen (18) years of age shall be
employed except in clerical, sales service, technical and engineering
office duties, and no person under sixteen (16) years of age halll
be employed in any Ciip lnity. In any state an employer shall be
deeimwd to have complied with this provision as to age if he shall
have on file a certificate or permit, duly signed by the authority,
in such state, empowered to issue employment or age certificates or
permits, showing that the employee is of the required age.









PROVISIONS OF THE ACT
SECTION 2. Pursuant to Subsection (a) of Section 7 of the Act, and
so long as this Code shall be in effect:
(a) Employees shall have the right to organize and bargain col-
lectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the desigrnatiion of such representatives or
in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
(b) No employee and no one seeking employment -hall be re-
quired as a condition of employment. to join any company union or
to refrain from joining, organizing, or assisting a labor organiza-
tion of his own choosing.
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribed by the Presi.dent.

STATE LAWS

SECTION 3. No provision in this Code shall supersede any State or
Federal law which imposes on employers more stringent require-
ments as to age of employees, wages, hours of work, or as to safety,
health, sanitary or general working condition.;, or in srance, or
fire protection, than are imposed by this Code. Standards for
safety and for the protection of health shall be submitted by the
Code Authority to the N. I. R. Board within three (3) months
after the effective date of this amendment and when approved by
the N. I. R. Board shall have the same effect as other provisions
of this Code.
RECLASSIFICATION OF EMPLOYEES

SECTION 4. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge so as to
defeat the purposes or provisions of the Act or of this Code.

DISMISSAL FOR COMPLAINT

SECTION 5. No employer shall dismiss or demote any employee for
making a complaint or giving evidence with respect to an alleged vio-
lation of the provisions of any Code of Fair Com:petition approved
under Title I of the Act.
POSTING

SECTION 6. All employers shall post and keep posted copies of this
Code in conspicuous places accessible to all employ3t,-s. Every Meill-
ber of the Industry shall comply with all rules and eu -lations relative
to the posting of provisions of Codes of Fair Competition which may
from t ilie to time be prescribed by the N. I. R. Board.

COMPANY TOWNS AND STiHI:S
SECTION 7. Employees other than maintenance or supervisory men,
or packers, or those mece-sa ry to protect property, may not be required








as a cond ition of employment to live in houses rented from or specified
by the employer. No employee shall be required as a condition of
employment to trade at a store owned or specified by an employer.

ARTICLE VI-ORGANIZATION, POWERS AND DUTIES OF THE CODE
AUTHORITY
ADMINISTRATION
SECTION 1. A Code Authority is hereby constituted to cooperate
with the N. I. R. Board in the administration of this Code, to insure
the execution of the provisions of this Code and to provide for the
compliance of the Industry with the provisions of the Act.
SECTION 2. The Code Authority shall be the general planning, co-
ordinating, and administering agency of this Code and shall operate
in accordance with the provisions of this Code and pursuant to by-laws
adopted thereunder.

ORGANIZATION AND CON .m1 I'T lTI'i N
SECTION 3. The Code Authority shall consist of not more than ten
(10) memnibers to be selected as follows:
(a) Seven (7) members, with one (1) vote each, shall be elected by
the Board, one (1) of whom shall be designated to serve as the
chairman.
(b) Not more than three (3) nlmeiberr, without vote and without
compensation from the Industry may be appointed by the N. I. R.
Board.
SECTION 4. The Institute shall:
(a) Impose no inequitable restrictions on membership.
(b) Submit to the N. I. R. Board true copies of its articles of
association, by-laws, rules and regulations any amendments when
made thereto, together with any other information relating to mem-
bership, organization and activities as the N. I. R. Board may deem
necessary to effectuate the purposes of the Act.
SECTION 5. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose; nor shall
any member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent or employee of the
Code Authority; nor shall any member of the Code Authority exer-
cising reasonable diligence in the conduct of his duties hereunder
be liable to anyone for any nation or omission to act under this Code,
except for his own wilful malfeasance or nonfeasance.
SECTION 6. In order that the Code Authority shall at all times
be truly representative of the Industry and in other respects comply
with the provisions of the Act, the N. I. R. Board may prescribe
such hearings as it may deem proper, and thereafter if it shall find
that the Code Authority is not truly representative or does not in
other respects comply with the provisions of the Act, it may require
an appropriate modification of the Code Authority.
SI-:e i'INs 7. If the N. I. R. Board shall at any time determine that
any nation of the Code Authority or any agency thereof may be
unfair or unjust or contrary to the public interest, the N. I. R. Board
may require that such action be suspended to afford an opportunity








for investigation of the merits of such action and further considera-
tion by such Code Authority or ager y pending final ;I-tion which
shall not be effective unless the N. I. R. Board approves or unless
it shall fail to disapprove after thirty (30) days notice to it of
intention to proceed with such action in its original or modified
form.
SECTION 8. Any MehmI-ier of the Industry shall be entitled to par-
ticipate in and share the benefits of the activities of the Code Au-
thority, and to participate in the selection of the members tlerof
by complying with the requireiiieiits of this Code and by paying
his reasonable share of the exNpein-es of its adliiii.itratior. The rea-
sonable share of explenses of administration shall be determined by
the Code Authority subject to review by the N. I. R. Board on the
basis of volume of business and/or such other factors as may be
deemed equitable to be taken into consideration.
SECTION 9. No member of the Code Authority or of any committee
designated by it shall participate in a proceeding in which he or it
is interested, either as complainant or as respondent, or in which he
or it is in any other manner directly interested.

POWERS AND DUTIES
SECTION 10. Subject to such rules and regulations as may be issued
by the N. I. R. Board to the extent permitted by the Act, the Code
Authority shall have the following powers and duties, in addition to
those authorized by other provisions of this Code:
(a) To obtain from Members of the Industry, through a disinter-
ested agency, such information and reports as are required for the
administration of this Code. In addition to information required to
be submitted to the Code Authority, Members of the Industry sub-
ject to this Code shall furnish such statistical information as the
N. I. R. Board may deemi necessary for the purposes recited in Sec-
tion 3 (a) of the Act to such Federal and State agencies as it may
designate; provided that nothing in this Code shall relieve any Mem-
ber of the Industry of any existing obligations to furnish reports to
any government agency. No individual report shall be disclosed to
any Member of the Industry or any other party except to such other
governmental agencies as may be directed by the N. I. R. Board, and
except, as may be required by any provision of this Code.
(b) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein; provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code and that such trade
associations and agencies shall at all times be subject to and comply
with the provisions hereof.
(c) Upon complaint of interested parties, upon rq'.que(.t of the
N. I. R. Board, or upon its own initiative, to make such inquiry and
investigation as to the operation and observance of this Code as may
be necessary and report the result- thereof to the N. I. R. Board for
such action by it as may be in accordance with law.
(d) To provide appropriate facilities for arbitration, and subject
to the approval of the N. I. R. Board, to prescribe rules of procedure
.and rules to effect compliance with awards and determinations.








(e) To call meetings of Members of the Industry to consider fur-
ther trade practice provisions to govern Members of the Industry in
their relations with each other or with other industries, measures for
industrial planning, measures for control of production, measures for
stabilization of employment and conservation of natural resources,
as the Code Authority shall consider to be for the best interests of the
Industry, and to recommend to the N. I. R. Board such measures as
have been voluntarily agreed upon, such recommended measures, upon
approval by the N. I. R. Board, after such notice and hearing as it
may prescribe, to have the same effect as other provisions of this
Code.
(f) To prepare and submit to the N. I. R. Board for approval a
standard method or system of uniform cost accounting which shall
specify all items and include all elements of manufacturers' cost.
Nothing contained herein shall be construed to permit the Code Au-
thority, any agent thereof, or any Member of the Industry to suggest
uniform additions, percentages or differentials or other uniform items
of cost which are designed to bring about arbitrary uniformity of
costs or prices. Thereafter, each Member of the Industry shall utilize
such methods to the extent found practicable.
(g) Any interested party shall have the right to complain to the
Code Authority under such rules and regulations as it may prescribe
in respect of any rule, regulation, order or finding made or course
of action pursued by the Code Authority, and any interested party
shall have the right to appeal to the N. I. R. Board under such rules
and regulations as it may prescribe in respect to any decision, rule,
regulation or course of action of the Code Authority, pursuant to any
provision of this Code.
SECTION 11. Each Member of the Industry shall keep such accurate
and complete records of its transactions in the Industry as may be
necessary to show compliance with the provisions of this Code, and
shall furnish accurate reports based upon such records concerning any
of its activities when required by the Code Authority or the N. I. R.
Board. If the Code Authority or the N. I. R. Board shall determine
that substantial doubt exists as to the accuracy of any such report, so
much of the pertinent books, records and papers of such member as
may be required for the verification of such report may be examined
by an impartial agency, agreed upon between the Code Authority and
such Mleinber or in the absence of agreenmet, appointed by the
N. I. R. Board. In no case shall the facts disclosed by such examina-
tion be made available in identifiable form to any competitor, whether
on the Code Authority or otherwise, or be given any other publica-
tion, except such as may be required for the proper administration
or enforceeni'it of the provisions of this Code.
S'ECTION 12. No MAember shall furnish any information required
by any provision of this Code which is inaccurate or misleading in
any material particular.
ARTICLE VII-LIQUIDATED DAMAGE AGREEMENT
SECTION 1. Recognizing that violation of any provision of this Code
by a Member of the Industry will disrupt the normal course of fair
competition in the Industry and cause serious damage to other Mem-
bers of the Industry, and that it will be impossible to determine ac-








curately the amount of such damage to any Member or Members of
the Industry, it is hereby provided that any Memviber of the Industry
may enter into an agreement with any other Member or Members of
the Industry providing for the payment of liquidated damages by
any party thereto upon violation by him of any provision of the
Code; provided, however, that such agreement shall become effective
and binding upon the parties thereto only after the execution thereof
shall have received the con.-ent of the National Recl-,very Adminis-i:tra-
tion. It is further provided that Members of the Industry desiring
to do so may enter into a contract substantially in the form of Exhibit
" D appended to this Code.
SECTION 2. Violation of such a contract shall not in any sense be
deemed a violation of this Code within the purview of Sect Ins 3 (b),
3 (c), and 3 (f) or other provisions of the Act. Rather, it is intended
in this Article that the force and effect of said contract will be de-
rived from the individual and private action of the parties and not
from any provision of this Code or of the Act, or of any rules and
regulations prescribed pursuant thereto.

ARTICLE VIII-OPEN PRICE FILING
SECTION 1. Each Member of the Industry shall ;ile with a confiden-
tial and disinterested agent of the Code Authority identified lists
of all of his prices, discounts, allowances, and all other terms or condi-
tions of sale, hereinafter in this Article referred to as price terns ",
which lists shall completely and accurately conform to and repre-
sent the individual pricing practices of said Member. Such lists shall
contain the price terms for all products of the Industry as are sold
or offered for sale by said fMernber. Said price terms shall in the
first instance be filed within five (5) days after the date of approval
of this Code, and Menmbers of the Industry shall make the same public
by broadcast quotations to the trade, so that competitors, the trade,
and the buying public may at all times have accurate information rela-
tive thereto. Any Member of the Industry may from time to time
change or revise his price terms by filing such revised price terms
with the agent of the Code Authority. Immediately upon receipt
thereof, said agent shall, by telegraph or other means which is equally
as prompt as the method used by the filer, acknowledge receipt thereof.
The agent of the Code Authority shall with equal promptness notify
all interested Members of the Industry of such revisions and the oper-
ative dates thereof by such means as the Code Authority deems neces-
sary. Said lists or revisions or any part thereof shall not be made
available to any Member of the Industry or customers until released
to all interested Members of the Industry.
SECTION 2. NO Melmber of the Industry shall anticipate by quota-
tion, sale, contract, or otherwise, any change or revision of price
terms until the same shall have been on file five (5) days at the
office of the crnfidleintial, disinterested agent of the Code Authority.
At the expiration of such five (5) day filing period the said changes
or revisions shall become operative and such fifth day from the
date the filing is received at the office of the Cude Authority's agent
shall be known as the "operative date." Such changes or revisions
shall be made public by broailca.-t quotations to the trade in the
manner provided in Section 1 hereof but not prior to the operative








date. When any Member of the Industry has filed any revision
such Member shall not file a higher price within five (5) days.
Prices on file with the confidential, disinterested agent of the Code
Authority shall be made available for inspection by any customers
of Members of this Industry at the office of the Code Authority's
agent and shall be disseminated to customers who have applied
therefore and have offered to defray the cost actually incurred by the
Code Authority in the preparation and distribution thereof. The
Code Authority's agent shall maintain a permanent file of all price
terms filed as herein provided and shall not destroy any part of
such records except upon written consent of the N. I. R. Board.
Upon request the e Code Authority's agent shall furnish the N. I. R.
Board or any duly designated agent copies of any such lists or
revisions of price terms.
SECTION 3. No Member of the Industry shall sell or offer to sell
any products of the Industry, for which price terms have been filed
pursuant to the provisions of this Article, except in accordance with
such price terms; provided, however, that any Member of the In-
dustry may meet the revised price terms of another Member, estab-
lished by the above method, as of their operative date and period,
and all Members meeting such revised price terms shall make the
same public by broadcast quotations to the trade and shall notify the
Code Authority's agent that they are meeting such price terms.
SEC TION 4. No Member of the Industry shall enter into any agree-
ment, understanding, combination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any Member of the In-
dustry to change his price terms by the use of intimidation, coercion,
or any other influence inconsistent with the maintenance of the free
and open market which it is the purpose of this Article to create.
SECTION 5. Manner of Procedure on Price Changes:

DECLINES IN PRICE
(a) Filed revised prices resulting in price declines shall be retro-
active on all shipments made within five (5) calendar days before
the operative date thereof, and for such shipments a Member of the
Industry shall issue new invoices on the basis of the new filed price
as soon as such revisions become operative.
ADVANCES IN PRICE
(b) Filed revised prices resulting in price advances shall be made
effective to the trade five (5) calendar days after the operative date.
During the five (5) days prior to the effective date of an advance,
current market orders may be booked at the prior price for shipment
not more than fifteen (15) days from the date the advance becomes
effective.
(c) Each specific work quotation shall contain a provision permit-
ting withdrawal on five (5) days' notice.
(d) After an advance in price all outstanding quotations on work
for which bids have been opened, which quotations extend longer than
fifteen (15) days from the effective date of the new price, shall be
withdrawn or revised to expire on such fifteenth day.








(e) All quotations at the prior price, made during the five (5)
day notice period shall be confined to jobs on which bids are to be
opened prior to ten (10) days from the effective date of the new price.
Such quotations may be closed by contract not later than fifteen (15)
days from the effective date of the new price.
(f) All quotations outstanding on jobs on which bids are to be
opened later than ten (10) days from the effective date of the new
price shall be withdrawn, and any quotations made on such jobs during
the five (5) day notice period shall be at the new price.

CONTRACTS
SECTION 6. Nothing in this Code shall prevent a Member of the
Industry from selling products of the Industry in accordance with the
terms of a legally binding contract provided the conditions of this
Article VIII are complied with. The provisions of Sections 6, 7, 8
and 9 of this Article VIII shall apply only to specific sales orders and
specific sales contracts.
(a) No Member of the Industry may make a contract or order to
sell products of the Industry or sell pursuant to such a contract or
order unless such contract or order contains a definite and accurate
statement of all items necessary to form a complete legally binding
contract or order, such as price, terms of payment, quantity, place of
delivery, effective period of contract or order, name of purchaser,
name of user and a complete description of the work.
(b) No contract or order for sale of products of the Industry shall
contain any provision which would require a Member of the Indus-
try to do any act in violation of this Code.
FILING OF CONTRACTS
SECTION 7. Every Member of the Industry shall file with an agent
of the Code Authority a copy of every contract or order by which
he sells or undertakes to sell products of the Industry. The agent
of the Code Authority shall maintain a file of such contracts or
orders which shall be open to the inspection of interested Members
of the Industry in accordance with such rules and regulations as
may from time to time be provided by the Code Authority with the
approval of the N. I. R. Board. Each contract or order so filed shall
contain or be accompanied by a statement of the nature and quantity
of products involved and a complete statement of all price terms
included therein as provided in Section 6, Sulisection (a) of this
Article VIII. Each such contract or order which is made on or
after the effective date of this amended Code shall be so filed within
five (5) days from the date of execution thereof. Each outltand-
ing contract or order which is in effect on the effective date of this
amended Code shall be so filed within ten (10) days from the effec-
tive date of this amended Code, and shall be accompanied by a
statement indicating the quantity of products specified therein which
remains undelivered. The filing of other than bona fide contracts
or orders will constitute a violation of this Code. Upon receipt of
such filed orders or contracts the agent of the Code Authority shall
send digests thereof to all interested Members of the Industry.
135365*-1844-25----35----3








NOTICE OF COMPLETION
SECTION 8. Each Member of the Industry shall notify the agent
of the Code Authority of the completion of each such contract or
order within ten (10) days after the date of such completion.
EXTENSION
SECTION 9. No contract or order shall constitute a defense to any
charge alleging violation of this Code if the effective period thereof
is extended or if there is any substantial overshipment thereunder.
Nothing in this Article shall prevent any Member from making a
new contract or order with any person provided the terms thereof
are not in violation of the terms of this Code or amendments hereto
which are in effect at the time of making such contract or order, and
provided further that a copy of such new contract or order is filed
as provided in this Article. For the purpose of this Article every
revision, modification, renewal or extension of any contract or order
shall constitute a "new contract ".
ARTICLE IX-TRADE PRACTICES
SECTION 1. The following trade practices are specifically declared
to con-titute unfair methods of competition between Members of
the Industry, and no Member of the Industry shall use or engage in
any of them, either directly or indirectly, through any officer, agent,
affiliate or employee. Engaging in any one or more of these or any
further trade practice provisions which hereafter may be estab-
lished as unfair, on recommendation by the Code Authority ap-
proved by the N. I. R. Board after such hearings as it may prescribe,
shall be deemed to be in violation of this Code.
SECTION 2. No Member of the Industry shall give, permit to be
given, or directly offer to give, anything of value for the purpose
of influencing or rewarding the action of any employee, agent, or
representative of another in relation to the business of the employer
of such employee, the principal of such agent or the represented
party, without the knowledge of such employer, principal or party.
This commercial bribery provision shall not be construed to prohibit
free and general distribution of articles commonly used for advertis-
ing except so far as such articles are actually used for commercial
bribery as hereinabove defined.
SECTION 3. Imitating or simulating any design, style, mark or
brand owned by any other Member of the Industry, provided that
nothing herein shall prevent any Member from using any design,
style, mark or brand with the consent of the owner.
SECTION 4. Modifying or cancelling in whole or in part, or per-
mitting the modification or cancellation in whole or in part, of any
contract of sale of any product for the purpose or having the effect
of effectuating a new contract with the buyer when the effect of such
modification or cancellation is to create an advantage in price terms
for a Member of the Industry or to violate any provision of this Code.
SECTION 5. Knowingly inducing or attempting to induce the breach
of any existing contract. (including specific sales orders) between
any other Member of the Industry and his customer or his source of
supply; or interfering with or obstructing in any manner the per-








formance of contractual duties or services between a Member of the
Industry and his customer.
SECTION 6. Knowingly selling or offering to sell products of In-
dustry for specific projects or period requirements to a purchaser with
whom another Melmber of the Industry has a contract to furnish
products of the Industry for the same requirements without first hav-
ing taken the following steps: (a) Filing with the Code Authority
proof that he has been requested by the customer to furnish such
products for such requirements, and (b) notifying said other Mem-
ber of the Industry of his intention to sell products to such purchaser.
SECTION 7. Disseminating, publishing or circulating any false or
misleading information relative to any product or price for any
product of any Member of the Industry, or the credit standing or
ability of any Member of the Industry to mine or quarry raw mate-
rials, or manufacture or sell or deliver products of the Industry.
SECTION 8. No Member of the Industry shall knowingly withhold
from or insert in any quotation, contract, or invoice, any statement,
the withholding or insertion of which makes such quotation, contract
or invoice inaccurate in any material particular.
SECTION 9. Making any sale or contract of sale of any product of
the Industry under any description which does not fully describe
such product in the nomenclature customarily used in the Industry.
SECTION 10. Secretly paying or allowing rebates, refunds, commis-
sions, credits, unearned discounts, excess allowances, special services
or privileges, whether in the form of money or otherwise, to certain
purchasers which are not extended to all purchasers under similar
circumstances for the purposes of influencing a sale.
SECTION 11. Permitting, directly, or indirectly, the consummation
of any sale made with the intent, or having the effect, of violating
the provisions of the Act and of this Code.
SECTION 12. Aiding or abetting any person, firm, association or
corporation, directly or indirectly, in any practice which would tend
to defeat the provisions of the Act and of this Code.
SECTION 13. TO compensate salesmen in any manner other than
upon a fixed salary and full-time basis. To pay or offer to pay di-
rectly or indirectly any commissions or other remunerations for the
sale of cement except as provided herein.
SECTION 14. To divert or permit the diversion of shipments of
cement, the effect of which will be to enable a purchaser or user to
secure cement at variance from the Member of Industry's filed price
terms for the point of final destination.
SECTION 15. The prepayment of transportation charges on ship-
ments consigned to other than the Member of the Industry itself
(except in the case of railroad freight charges to stations to which
regulations require prepayment from any shipping point) or the
payment of demurrage charges by any Member of the Industry on
such shipments; provided, however, that the foregoing provision,
except as to demurrage charges, shall not apply to shipments pur-
chased directly by and consigned to departments of the United States
or State Governments.
SECTION 16. Knowingly diverting or permitting to be diverted to
other uses, cement shipped for a specific work project or knowingly
shipping on a specific sales order or contract an amount of cement
in excess of the actual needs of such work.








SECTION 17. To entice the employees of a competitor with the
intent or effect of interfering with the conduct of the business of
such competitor; provided that nothing herein shall be construed
to prevent any employee from voluntarily changing his employment
in order to better his condition.
SECTION 18. Knowingly to ship cement by any transportation
agency which makes payments or concessions by rebates or otherwise
for the purpose or with the effect of inducing or influencing the sale
or purchase of cement.
SECTION 19. The payment, or offer to make payment, directly or
indirectly, of any advertising expenses of purchasers or users of
cement.
SECTION 20. Lavish, excessive, or undignified entertainment of
purchasers or users of cement, or others connected therewith; do-
nating funds, or providing banquets or other similar lavish enter-
tainment for purchasers or users, or associations thereof; giving
or offering to give premiums, personal gifts, gifts of cement, or gifts
of any other commodity of value to purchasers or users of cement.
SECTION 21. Selling or offering to sell a non-Industry product
together with an Industry product when the combined price for
the two products is less than the applicable filed price for the In-
dustry product, plus invoice cost (including transportation costs)
for the non-Industry product, or the filed price for this non-Industry
product by a Member of this Industry who is also a Member of the
Industry of which this non-Industry product is an Industry product,
for the purpose or having the effect of influencing or inducing the
sale of products of the Industry and thereby creating an unfair
price advantage for a Member of the Industry.
SECTION 22. The furnishing of articles or facilities of a definite
physical nature, whether by way of loan, lease, gift, or otherwise,
without commensurate consideration therefore. (Services to pur-
chasers or users are proper under fair competition, if confined within
the limits of advice and consultation.)
SECTION 23. Maliciously refusing to sell to, or maliciously inter-
fering with the business of, dealers or users of products of the In-
dustry purchased from a competitor, for the purpose of interfering
with the conduct of the business of such competitor.
SECTION 24. Filing or agreeing to file new price terms or making
or agreeing to make any new or special price, or prices, or terms, on
Industry or other products, as a condition or in consideration of the
receipt or placement of an order for any product of the Industry.
SECTION 25. Using any subterfuge, either in collusion with an affili-
ate or otherwise, for the purpose or with the effect of evading or
violating the provisions of the Act or of this Code; or engaging in a
transaction involving, or being a party to a sale influenced by any
act performed by an affiliate or otherwise, which act if performed by
such Member of the Industry would be a violation of this Code.
SECTION 26. The direct or indirect giving, permitting to be given,
or offering of money or anything of value by a Member of Industry,
or his agents, employees, salesmen, or representatives, to the agents,
employees, buyers or representatives of customers or prospective cus-
tomers, or to the customers themselves, for the purpose of inducing
such customers, or their agents, employees, buyers or representatives,








to purchase or contract to purchase products from the Member of
Industry making such gift, or suffering the same to be made, or to
refrain from dealing or contracting to deal with competing Members
of Industry.
SECTION 27. The following practices, undertaken for the purpose or
with the effect, directly or indirectly, of furthering the sale or use
of a particular brand of cement shall constitute unfair trade practices
and a violation of this Code:
(a) Except with the approval of the N. I. R. Board (which, when
given, shall apply to all Members of the Industry in the marketing
area affected) the purchase by any Member of the Industry of bonds
or other securities, issued for the financing of construction work,
either in the name of the Member of the Industry, its subsidiaries, or
of individuals, or officers connected therewith, or the acceptance of
such bonds, or other securities, in payment, wholly or in part, for
cement, or the advance, loan, or payment of any monies by a Member
of the Industry for the purpose of inducing the purchase of cement,
or to assume cost of bidders' bonds or to endorse or guarantee or in
any way relieve a bidder of the responsibility for or the expense of
providing such bonds.
(b) For a Member of Industry to maintain or utilize any bllineses
relationship with any purchaser or user of the products of this Indus-
try, whether or not such purchaser or user is an affiliate, a member
of another Industry or any individual, partnership, corporation,
association or other form of enterprise for the purpose or with the
effect of violating any provisions of the Act or of this Code.
(c) For the purpose or with the effect of evading the provisions
of this Code, the purchase of fuel or supplies, either directly or indi-
rectly, or in the name of the company, or its subsidiaries, or of indi-
viduals, or officers connected therewith at prices above the market
price thereof at the time of purchase.
ARTICLE X-METHOD OF SELLING AND MARKETING CEMENT
SECTION 1. Because of inherent varying conditions in the several
widely separated marketing areas throughout the United States,
the Code Authority may submit recommendations to the N. I. R.
Board for such exceptions to any of the provisions hereof, for all
Members of the Industry in the marketing areas affected, as to it
may seem appropriate or necessary to better effectuate the purposes
and provisions of this Code.
SECTION 2. No Member of the Industry shall discriminate in
prices, terms and conditions of sale at the same time and place of
delivery between purchasers or users of cement in the same class
and similarly situated.
SECTION 3. The products of this Industry shall be marketed on
the basis of a barrel weighing three hundred and seventy-six (876)
pounds net; unless a different weight shall have been filed with the
Code Authority, and shall be delivered in the following manner:
(a) In cloth or paper sacks; four (4) sacks of ninety-four (94)'
pounds net each constitute a barrel, unless a different weight shall
have been filed with the Code Authority's agent and printed on the
container.








(b) In bulk invoiced on the basis of scale weights at point of
origin or enroute or nearest track scales enroute from point of
origin.
(1) Settlement on carload shipments of bulk cement shall be on
track scale weights of carriers unless the consignee proves by nota-
tion on freight bill by railroad agent as to fact and extent of short-
age occurring on some particular car and only in that case provid-
ing that claim for shortage is made within fifteen (15) days after
the arrival of such car at destination.
(2) When grain doors, bulkheads or boards are used to protect
shipments of bulk cement, the weight of such dunnage shall be
considered as a part of the tare weight of the car.
SECTION 4. Cement shall be sold either on current or market
orders for delivery within fifteen (15) days, or on orders or con-
tracts for future delivery beyond fifteen (15) days. Quotations
on current orders shall be for immediate acceptance, and orders
for delivery within fifteen (15) days shall be subject to shipment
on the fifteenth day without notice to the buyer.
SECTION 5. Orders or contracts for future delivery beyond fifteen
(15) days from date of purchase shall be sold either to cover
period requirements or specific work.
SECTION 6. Exhibits B and C attached to this Code are designed and
suggested for use in closing commitments for the delivery of cement
beyond fifteen (15) days from date of purchase for specific work or
period requirement-. Exhibit B (specific sales order) should be exe-
cuted where a sale is made by a Member of this Industry to a dealer,
and Exhibit C (specific sales contr wt) should be executed:
(a) To cover unfinished commitments with dealers under Exhibit
B in event of an increase in the market price.
(b) To cover new commitments with dealers at prices prior to an
advance, but closed during the period immediately following the
advance. Such contracts shall be supported by dealer's record of prior
deliveries and contractor's written estimate of requirements.
(c) To cover initially all direct sales by Members of this Industry
for delivery beyond fifteen (15) days.
SECTION 7. Time of Closing Calendar Requirement Contracts.-
Contracts for any quarter shall be quoted or closed not earlier than
the first day of the last month of the preceding quarter.
SECTION 8. Where land grant or other special freight rates are
applicable to shipments to the United States Government, a Member
of the Industry may file with the Code Authority in the manner pre-
scribed for prices under Article VIII, destination costs to the United
States Government computed on such rates. Any Member of the
Industry may meet destination costs thus established, as of their
operative (;lte.
SECITIN 9. To prevent diversions of cement prohibited by this Code
and to iii,-iir the broadest field of active competition for all cement
business offered, cement shall not be quoted or sold in quantit ies or for
points of delivery which are not definitely specified.
SErcTI'rN 10. The provisions of this Article are designed to meet
Ipre-i'ntt indl-tri;al and social conditions as they relate to the Portland
C'.AIuInt Industry; but the N. I. R. Board reserve the right, from time
1See paragraph 2 (1) of order approving this Amendment.









to time and after such hearing as may be deemed necessary, to modify
the provisions hereof, as conditions and circumstances may indicate to
be necesa ry to effectuate the policy and provisions of the Act.
ARTICLE XI-TERMS AND CONDITIONS OF SALE
SECTION 1. All future sales orders and future sales contracts for
the sale of products of the Industry shall contain a definite state-
ment of price, quantities, terms of payment, time and place of deliv-
ery, and all other terms of sale nece-'.ary to form a complete and
unambiguous contract.
SECTION 2. Attached hereto and marked Exhibits B and C are
forms of future specific sales orders, and contracts, the provisions,
terms and conditions of which have been agreed to by Members of
the Industry as representing in substance the best practices within
the Industry.
SECTION 3. Terms of payment shall be as follows: A cash discount
of not in excess of ten cents (10#) per barrel may be deducted from
invoices paid in full within fifteen (15) days from date of issue. A
cash discount of not in excess of twenty cents (200) per barrel may
be deducted from invoices for White Portland cement paid in full
within fifteen (15) days from date of issue. Invoices not discounted
are payable net thirty (30) days from date of issue.
(a) Where purchases involve frequent shipments, a plan of semi-
monthly remittance, based on a fifteen (15) day average, may be
used as follows:
All invoices dated from first day of month to fifteenth day of
month, inclusive, to be paid by the 22nd of that month; and all in-
voices dated 16th to 31st, inclusive, to be paid by the 7th day of the
following month.
(b) Cash discount shall not be allowed if remittance is forwarded
after the expiration of the fifteen (15) day period, or semimonthly
period; or if deduction is made in the remittance for cloth sacks to
be returned or in transit and not yet credited; or if the remittance
consists in whole or in part of notes, trade acceptance, scrip, war-
rants (whether interest bearing or not) or any medium other than
canh or bankable check for the full amount of the invoices upon which
cash discount is deducted.
(c) The postmark date at point of mailing shall dlt'-rliiiiie the
date of remittance.
(d) No unearned di'conlnts shall be allowed.
SECTION 4. Package Charges and Allowian.es
(a) When cement is shipped in cloth or paper sacks the price shall
include the Member of the Industry's published deposit or leasing
charges for cloth sacks or the selling charge for paper sacks and pay-
ment of such charges shall be required at the same time as the cement.
(b) When used cloth sacks are returned empty to the Member of
the Industry the credit or allowance shall at all times be in accordance
with the Member's published terms and conditions of sale.
INVOICES
SECTION 5. Invoices shall be dated as of the date of shipment (pro-
vided where special and unusual conditions prevail, the Members of
the Industry in the district or districts concerned, may, subject to the








approval of the Code Authority and the N. I. R. Board, change this
provision to conform to such special and unusual conditions) and shall
contain full information as to price, quantity, kind of pa;'ck;gae, terms
of payment, place of deliveries, routing. amount of freight allowed,
and any other data necessary to show fully all conditions entering
into the sale. Any deviation or (conc,.-i:nii from these conditions
is an unfair practice.
ARTICLE XII-STANDARDIZATION OF PRODUCTS
SECTION 1. All Portland cement marketed by KMembers of the In-
dustry shall comply with the standard specifications and/or tentative
standards for Portland cement of the American Society for Testing
Materials, and/or the American Standards A-:ociation, and/or the
Federal Specification Board. Members of the Industry may sell
" Products of the Industry other than Portland cement under specifi-
cations that are designed to meet special or unusual conditions not
adequ ately or properly covered by the specifications hereinabove re-
ferred to; provided, however, that the price at which such Products
of the Industry are sold shall be filed with the Code Authority in
accordance with Article VIII.
SECTION 2. Every Melmber of the Indu.-stry shall guarantee his prod-
ucts to comply with all of the conditions of the specifications under
which they are sold, but shall not be responsible for the improper use
of cements and therefore shall not guarantee finished work, nor shall
the Member of the Industry be responsible for conditions of product
after delivery.
SECTION 3. NO Member of the Industry shall pay or absorb, directly
or indirectly, any charges for inspect ion or tests made by or on behalf
of the pu rclhaser to determine compliance with specifications therefore.
ARTICLE XIII-EXPORT TRADE
Nothing in this Code contained, excepting, however, the wage,
hour and general labor provisions, shall be deemed to apply to or
affect the sale by any Member of the Industry of any products of
the Industry for direct shipment in export trade.
ARTICLE XIV-MoDIFICATIONS
SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of Subsection (b) of Section 10 of the Act from time
to time to cancel or modify any order, approval, license, rule or
rir.l!:tition issued under said Act.
SECTION 2. Except as to the provisions required by the Act, this
Code may be modified on the basis of experience or changes in cir-
cumstarnce'. such modifications to be based upon application to the
N. I. R. Board, on such notice and hearing as it shall specify and
to become effective on approval by the Pre.-ident.
A uni.: XV
No provision of this Code shall be so construed or applied as to
permit or promote monopoly or monopolistic practices, or to elimi-
nate, oppr-,.-. or discriminate agaiin-( small eliterpri:es.









ARTICLE XVI
This Code as amended shall become effective on the tenth (10th)
day after the date of its approval by the N. I. R. Board and shall
then supersede the Code of Fair Competition for the Cement Indus-
try approved by the President November 27, 1933.
ARTICLE XVII
By presenting this Code, The Cenient Institute and others as-
sent ig hereto do not thereby consent to any modification thereof
and they reserve the right to object individually or jointly to any
such modifications except as may be made in Article X pursuant
to Section 10 thereof.2
Approved Code No. 128-Amendment No. 1.
Registry No. 1010-1-02.

'Deleted-See paragraph 2 (2) of order approving this Amendment.

















EXHIBIT A


Districts

The twelve (12) geographical districts as described by the United States
Bureau of Mines are as follows:


District No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.


1-Eastern Pennr.ylvania, New Jersey, Maryland.
2-Nk w York, Maine.
3-Western Perimuylvania, Ohio, West Virginia.
4-MichliLan.
5-Wisconsin, Illinois, Indiana, Kentucky.
6-Virgiiiia. Tennessee, Ahlla ai; i, Georgia, Florida, Louisiana.
7-Eastern Missouri, Iowa, Minnesota, South Dakota.
&-Western Missouri, Nebliru-ka, Kansas, Oklahoma, Arkansas.
9-Texas.
10-Colorado, Montana, Utah, W~n miing. Idaho.
11-California.
12-Oregon, Washington.


(24)

















EXHIBIT B


(Specific Sales Order)

To --------
Name and Address of Cement Company
We have sold to _____________________ Contractor -- _-- ___- _
Barrels of (Brand) ---------__- Portland Cement for ----------
(Fraction or all)
of his requirements on the following specific work awarded him:
(Character, description and location of work, and name of owner)
We hereby place with you our order for the above quantity of (Brand)
P------- Portland cement, to be packed in
sacks, for use on the above work, at your prevailing market price at time of
shipment, subject to the conditioni stated on both sides hereof.
We will desire delivery made, as the work requires, upon our instructions
in carload lots, F. O. B. cars ,-- ------ ----, deliveries to be complete
prior to --------
It is expressly understood and agreed:
1. That if you advance your market price prior to the completion of ship-
ments on this order, you will, within ten (10) days of the effective date of
such advance, enter into your standard form of specific work contract with
us, at the price prior to such advance, for the quantity of cement that may at
that date be required for the completion of the work covered by this order.
2. That as a basis for such specific work contract, we will suilil. you with
our record of cement delivered to the contractor prior to the time of your
advance in price, together with a written estimate from the contractor, or a
responsible eiiphlo e of the contractor, of the quantity of cement then required
to complete the work.
Sig-ned-: -:--- --
Date:
Accepted:
Cement Company.
(Officer)
Date :------
Terms of Payment. On approved credit net cash thirty (30) days, from
date of invoice, or ten cents (10() per barrel discount for cash in fifteen (15)
days from date of invoice.
If at any time the financial responsibility of Buyer becomes impaired or
unsatisfactory to Seller, it reserves the right to require payments in advance
or ..atisfauctiry security or guarantee that invoices will be lpr'imltly paid when
due.
If Buyer fails to comply with terms of payment, or with any of the other
terms of sale, Seller reserves the right to cancel unfilled portion of this order,
wiithi iut notice. Buyer remaining liable for all unpaid accounts. No waiver of
such right shall be implied from any failure by Seller to exercise the same.
Package.-Cloth -ark- bearing Seller's brands, in which cement herein con-
tracted for is packed, are the property of Seller and are for a period of ninety
(90) days from the delivery by Seller of the said cement, leased by it to Buyer
at a charge of ten cents (100) each, which charge is included in price for cement
packed in cloth sacks and which charge Buyer agre..'s to pay at same time and
on same terms as payment for cement is made.
Buyer agrees within ninety (90) days of delivery of the cement to return to
Seller, the owner, at its nearest plant, freight clarg', collect, as provided by
railroad classifications and tariffs, priperily bundled and so marked as to insure
complete identification, the cloth sacks bea ring Seller's lrruaii-, in which the said
cement is packed, and Seller agrees to refund to Buyer ten cents (10W) for each
said cloth sack so delivered in good condition, subject to Seller's count and in-
(25)










Slper'tirln. and to assume freight charges thereon. If for any reason freight
char'-:. (per railroad tariffs) are prepaid, they will be refunded by Sellor upon
presentation of Railroad Company's ri.,-( ipt'.il freight bill or bill of lading.
For useless cloth sacks which have been wet, no refund will be made. Cloth
sacks bearing other than Seller's brands will be held by Seller for thirty (30)
days subject to Buyer's order.
In the event that any of the said empty cloth sacks bearing Seller's brands
are sold or otherwise di-I-c e'l of by Buyer to any person other than Seller, the
owner, Bii.T.r agreess to pay Seller, as liquidated d:aniige-, ten cents (100) for
each sack so sold or disposed of.
If diirinig the life of this order, Seller shall chainro its present charge for the
lease of cloth -;Ick. or the liquidated dim:ige.-, or both, it is expressly agreed
that the said amount or amounts in the preceding paragraphs shall be changed
a'i.-irdili-ly, and the gris- price specified herein for cement packi d in cloth sacks
shall be clia ngvd in accordance with the change in charge for lease of cloth sacks.
Price on cement packed in paper l:igs includes the paper bags, which are not
returnable. Shipments in paper bags are made at Buyer's risk of breakage and
resultant loss of cement.
(If cement company requires a deposit for cloth sacks, instead of lea ;ing them,
then the following clauses are -ugpe'tted) :
Package.-The cloth sacks, bearing Seller's brand, containing the cement are
not sold, but remain the property of Seller. Buyer agrees to return said cloth
sacks, properly bundled and marked so as to insure complete identification, to
Seller's nearest mill, within ninety (90) days from the date of the delivery of
the cement to Buyer.
Seller agrees to refund to Buyer the deposit of ten cents (100) for each
cloth sack so returned. This deposit has been included in the price herein
stated and Buyer ugre'e to include it when payment for the cement is made.
It is, however, expressly understood that such cloth sacks must be delivered
to Seller's mill in good condition and will be subject to mill count and inspec-
tion, and that no refund will be made for useless cloth sacks, nor for cloth
sacks not of Seller's brand. Such cloth sacks, if received, will be held by
Seller for thirty (30) days subject to Buyer's order and risk.
Seller agrees to pay carrier's freight charges on returned empty cloth sacks
of Seller's brand after delivery to its nearest mill or to refund Buyer for
freight charges prepaid on such shipments upon presentation of original bill
of ladiing properly executed or original receipted freight bill.
If Seller shall chanlle its present deposit required for cloth sacks, it is ex-
pre,-ly agreed that the said amounts in the preceding paragraphs shall be
changed accordingly and the gross price specified herein for cement packed
in cloth sacks shall be changed in accordance with the change of deposit
required.
Price on cement packed in paper bags includes the paper bags which are
not returnable. Shipments in paper bags are made at Buyer's risk of breakage
and resultant loss of cement.
Bulk conent.-Bulk cement shall be invoiced and paid for on basis of scale
weights at point of origin or on railroad track scales, nearest point of origin,
while enroute. Original weights shall be final basis of settlement unless buyer
proves by notation on freight bill by railroad agent the fact and extent of such
shboriiag occurring in any particular car and only in that case providing that
claim for such lshl'rtae is made within fifteen (15) days after arrival of such
car at destination.
When grain doors, blilklieid.s or boards are used to protect shipments of
bulk cement, the \\wigit of such dunnage shall be considered as part of the
tare weight of the car.
Claims.-Claims for loss or dannmge will not be considered unless supported
by seal record and railroad aienit's acknowlel-mn'it on freight bill. Freight
overcharge claims must be a.-cmi;pliied by original receipted freight bill.
Time of dclivery.-Buyer shall give Seller shipping instructions in writing
a reasonable time before shipments are to be made. If Buyer fails to order
shipment within the time specified Seller shall have the right to extend the
time for delivery of such cement, but shall not be olli-i:led to do so, except
at its option.
The Seller reserves the right to select the route and method by which ship-
ments shall be f,,r;'-rded, but no Seller can be reiiuired to favor any one
route or method of.transportation as against another by any joint action of
the Members of the Industry or the Code Authority. Transportation charges










per tariff :pplyingg from shipping point to place of delivery for route and
method of shipment used, \ ill be paid by the Buyer for the account of the
Seller.
Seller shall not be liable to Buyer for any delays in manufacturing, shipping,
or i!elivtrini; said cement, caused by fire, strikes, lockouts, diff'tli'tll.. with
workmen, accidents, war, insurrection, inability to secure cars, coal, or other
material, givriinWniitial interference or re-ulA;tion, delays in transportation or
contingencies beyond Seller's control; and diuinig the time of such delays
Seller shall have the right to prorate among its various customers such cement
as it may be able to m;iuli'ii,'-tiie and ship.
Seller shall have the right, but shall not be cilil: ithd to ship from any plant
other than the one normally t:.lil:. inL the deli,-., point specified herein.
S~peifierctio ii.v.-The cement shipped under this order shall conform to the
present standard specifications for Portland cement of the American Society
for Tertin, M.laria~ls and the American Standards Association and/or the
Federal Sl.r-itin;ition Board, and no other warranty is made in respect thereof.
Seller lhviiig no control over the use of cement will not, therefore, guarantee
finished work in which it is used, nor shall the Seller be responsible for the
condition of cement after delivery to Buyer. Any charge' incident to inspection
or tests made by or on behalf of Buyer to determine compliance with specifica-
tions shall be paid by Buyer.













EXHIBIT C


(Specific Sales Contract)
Agreement made this--- day of ------ 193-- between
--------------------Cement Co in any, iereiitl'lrt'er called
Seller and ---------------------------- of -------- -----------,
hereinafter called Buier::
Seller hereby sells and aL-rie' to furnish and deliver and Buyer hereby buys
and agrees to receive and pay for Portland Cement in the quantity and on the
terms and conditions hereinafter and on the back hereof set forth.
QUANTITY: (Brand) _- ___---- ----- Barrels
DESCRIPTION:
Name and Address of Owner
Name and Nature of Work
Location of Wolk Name and Address of Contractor
The purpose of this contract is to cover the pur'i base and sale of --
-------- the Portland Cement required to complete the work
(Fra .t i-n11n or all)
hereinbefore described, whether more or less than the quantity stated herein.
Buyer represents that the aforesaid number of barrels of cement will be
used in the construction of the above-described work and greene ( that no portion
of such cement will be used for any other purpose without the written con-
sent of Seller. If any of the cement shipped hereunder is rici.nsigned or
diverted by Buyer from the place of delivery specified herein or used for any
other purpose, Seller may cancel this contract and refuse to ship any more
cement and Buyer agrees to pay Seller's market price at the place of final destina-
tion for such cement as has been diverted by Buyer from the place of delivery
specified herein or has been used by Buyer for any other purpose than the
purpose above specified; Buyer remaining liable for all unpaid accounts.
Place of delivery.-F. 0. B.-- ---------
Time of delivery.-Prior to-- ----------_
as required by the progress of the work. Buyer shall give Seller shipping instruc-
tions in writing a reasonable time before shipments are to be made. If Buyer
fails to order shipment within the time specified Seller shall have the right
to extend the time for delivery of such cement, but shall not be obligated to
do so, except at its option.
Price.-
Per standard barrel, in cloth sacks--------- ------------ $
Per standard barrel, in paper bags-- ------ ------- $--
Per standard barrel, in bulk_--- ---------------- -- $ __
All shipments made on this contract will be at the current destination price
of Seller on the date of shipment, if this price is below the contract destination
price mentioned herein.
Terms of iiiri ", t.-On allipr\'ed credit net cash thirty (30) days from
date of invoice, or ten cents (100) per barrel discount for cash in fifteen (15)
days from date of invoice.
If at any time the financial responsibility of Buyer becomes impaired or un-
satisfactory to Seller, it reserves the right to require payments in advance or
satisfactory 'se.riti: or guarantee that invoices will be promptly paid when due.
If Buyer fails to comply with terms of payment, or with any of the other
terms of sale, Seller reserves the right to cancel unfilled portion of this con-
tract, without notice, Buyer renm:ininiir_ liable for all unpaid accounts. No
waiver of such right shall be implied from any failure by Seller to exercise the
same.
This contract is not a:sign:iil'e by Buyer without the consent of Seller in
writing.
S Cement Company
By------- -------------
(Buyer) (Seller)
(28)







29

Packagr.-Cloth sacks hearing Seller's brands, in which cement herein con-
tracted for is packed, are the property of Seller and are for a period of ninety
(90) days from the delivery by Seller of the said cement, leased by it to Buyer
at a charge of ten cents (100) each, which charge is included in price for cement
packed in cloth sacks and which charge Buyer agrees to pay at same time and
on same terms as payment for cement is made.
Buyer agrees within ninety (90) days of delivery of the cement to return
to Seller, the owner, at its nearest plant, f:'eiLlht charges collect, as provided
by railroad classifications and t;iriffs, properly bundled and so marked as to
insure complete identification, the cloth sacks bearing Seller's bransl. in which
the said cement is packed, and Seller agrees to refund to Buyor ten cents (100)
for each said cloth sack so delivered in good condition, subject to Seller's
count and inspection, and to assume freight charges thereon. If for any reason
freight charges (per railroad tariffs) are prepaid, they will be refunded by
Seller upon presentation of Railroad Company's receipted freight bill or bill of
i di n:.
For useless cloth sacks which have been wet, no refund will be made. Cloth
sacks bearing other than Seller's brands will be held by Seller for thirty (30)
days subject to Buyer's order.
In the event that any of the said empty cloth sacks bearing Seller's brands
are sold or otherwise disposed of by Buyer to any person other than Seller, the
owner, Buyer agrees to pay Seller, as liquidated damages, ten cents (10)
for each sack so sold or disposed of.
If during the life of this contract, Seller shall chance its present cho r.-ge for the
lease of cloth sacks, or the liquidated damnaimrc, or both, it is expressly agreed
that the said amount or amounts in the preceding Iaragralph shall be changed
accordingly, and the gross price specified herein for cement packed in cloth sacks
shall be changed in accordance with the cha;iine in charge for lease of cloth sacks.
Price on cement packed in paper bags includes the paper bags', which are not
returnable. Slhipientst in paper bags are made at Buyer's risk of breakage and
resultant loss of cement.
(If cement company requires a deposit for cloth sacks, instead of hla-ing
them, then the following clauses are siug..-.te) :
Package.-The cloth salk<. hearingn g Seller's brand, containing the cement are
not sold, but remain the property of Seller. Buyer ;a'rze- to return said cloth
sacks, properly bundled and marked so as to insure complete identification, to
Seller's nearest mill, within ninety (90) ilay- from the date of delivery of the
cement to Buyer.
Seller a Cre,, to refund to Buyer the deposit of ten cents (10t) for each cloth
sack so returned. This deposit has been included in the price herein stated
and Buyer ar -te- to include it when payment for the cement is made.
It is, however, expressly understood that such cloth sacks mnst be delivered
to Seller's mill in good condition and will be subject to mill count and inspection,
and that no refund will be made for useless cloth sacks, nor for cloth sacks not
of Seller's brand. Such cloth sacks, if received, will be held by Seller for thirty
(30) days subject to Buyer's order and risk.
Seller a"-l'res to pay carrier's freight charges on returned empty cloth sacks
of Seller's brand afrer delivery to its nearest mill or to refiii t Buyer for frel-lt
chal;ges prepaid on such shipments upon presentation of original bill of lading
properly executed or original receipted freight bill.
If Seller shall (clihani its present deposit required for cloth sacks, it is expressly
agreed that the said amounts in the preceding Iariiairailiph shall be changed
afciidingly and the gross price specified herein for cement packed in cloth sacks
shall be changed in accordance with the change of deposit required.
Price on cement packed in paper lwuei includes the paper bags which are not
returnable. Shipments in paper bags are made at Buyer's risk of breaka;e- and
resultant loss of cement.
Bulk cement.-Bulk cement shall be invoiced and paid for on basis of scale
weights at point of origin or on railroad track scales, nearest point of origin,
while enroute. Original weights shall be final basis of settlement unless buyer
proves by notation on freight bill by railroad agent the fact and extent of such
shortage occurring in any particular car and only in that case providing that
claim for such shortage is made within fifteen (15) days after arrival of such
car at destination.
When grain doors, bulkheads or boards are used to protect shipments of bulk
cement, the weight of such dunnage shall be considered as part of the tare
weight of the car.










Claims.-Claims for loss or by seal record and railroad am-nnt's anknm'wle-dgm-ent on freight bill. Freight
overcharge claims must be accompanied by original receipted freight bill.
The Seller reserves the right to select the route and method by which ship-
ments shall be forwarded, but no Seller can be required to favor any one route
or method of transportation as agaiint another by any joint action of the Mem-
bers of the Industry or the Code Authority. Transportation charges per t:lriff
aplliil1yir from sililpin| point to place of delivery for route and method of ship-
ment ui-e'l, will be paid by the Buyer for the account of the Seller.
Seller shall not be liable to Buyer for any delays in manufacturing, shipping,
or delih, riii- said cement, caused by fire, strilt-s, lockouts, differences with work-
men, accidents, war, insurrection, inability to secure cars, coal, or other material,
governmental interference or rc.ulhtio1n, delays in transportation, or contin-
gencies beyond Seller's control; and during the time of such delays Seller shall
have the right to prorate ainoin,, its various customers such cement as it may be
able to manufacture and ship.
Seller shall have the right, but shall not be obliated,. to ship from any plant
other than the one normally suiipllyiln: the delivery point spe'riild herein.
Spccifications.-The cement -hilIrped under this contract shall conform to the
present standard specifications for Portland cement of the American Society for
Testing Materials and the American Standards Association and/or the Federal
Specification Board, and no other warranty is made in respect thereof. Seller
having no control over the use of cement will not, therefore, guarantee finished
work in which it is used, nor shall the Seller be responsible for the condition
of cement after delivery to Buyer. Any cli.i rges incident to inspection or tests
made by or on behalf of Buyer to determine compliance with specifications shall
be paid by Buyer.
















EXHIBIT D


Liquidated Damage Agreement
In consideration for the act of others in making similar agreements and for
substantial benefits and other valuable consideration, the receipt of which is
hereby acknowledged, each party to this contract covenants and agrees with
every other party hereto, and the Treasurer of the Code Authority for the
Portland Cement Industry as an individual, that:
1. If found guilty of violation of any provision of the Code of Fair Competition
for the Portland Cement Industry in the manner provided in P;iragra ph 2 hereof,
he will pay to the Treasurer of the Code Authority, as an individual and not
as Treasurer, in trust, as and for liquidated damages, amounts indicated as
follows:
(a) For the violation of any wage provision an amount equal to the difference
between the wages which have been paid and the \\ ;'i which would have been
paid if the Member had complied with the applicable provision of the Code,
provided, however, that any such payments shall not relieve the Member from
his obligation to make equitable restitution to his employee or employees.
(b) For the violation of any hour provision, an amount equal to the a;igoe-
payable for the overtime at the regular rate payable to the employee or employees
who worked overtime.
(c) For the violation of any provision of the Code (other than wage or hour
provisions) involving a transaction incidental to or connected with a sale of any
product of the Industry, an amount equal to ---_- per cent ( %) of the actual
selling price of the product sold in violation of any such provision, or of the
price at which the product should have been sold under the Code, if determinable,
whichever is the higher.
(d) For the violation of any provision of the Code (other than wage or hour
provisions) not involving a transaction incidental to or connected with a sale
of any product of the Industry.
Note: The amount of liquidated daimaif- must be correlated reasonably to
the probable injury.
2. For the purposes of this contract, violation of any provision of the Code
by a party hereto, and his or its liability for liquidated da;m;;.e herein stipulated
shall be determined by an impartial fact-finding board, the members of which
shall be nominated by the Code Authority or by the parties to this contract, with
the approval of the N. I. 1R. Board, consisting of the following :_______
Said board shall receive and hear all evidence submitted, in a fair manner, and
shall render its decision in the form of written findings of fact and conclusions
based thereon. Said decision shall be final and not subject to review.
3. Each party to this contract hereby assigns, transfers, and delivers to the
Treasurer of the Code Authority, as an individual, and not as Treasurer, in
trust, all rights and causes of action whatsoever which shall hcrvaft'er accrue to
such Member for such liquidated damages by reason of any violation of the Code
by any other party, and hereby designates and appoints the Treasurer of the
Code Authority, as an individual, and not as Treasurer, the true and lawful
attorney in fact of such party to demand, sue for, collect and receipt for any and
all amounts which shall be owing to such Member in respect of any such right
or cause of action and to compromise, settle, satisfy, and discharge any such
right or cause of action, all in the name of such Member or in the name of the
Treasurer of the Code Authority, as an individual, and not as Treasurer as he
shall elect. All rights of any person who shall at any time be the Treasurer in
respect to any amount which shall be payable to him because of the commission
by any employer of any act constituting a violation of said Code, shall pass to
and become vested in his successor in office, as an individual, and not as Treas-
urer, upon the appointment of such successor.
4. All liquidated damages paid to or collected by the Treasurer of the Code
Authority pursuant to the provisions of this contract shall be utilized by him
(31)









in the payment of Code expenses to the extent indicated and authorized in the
budget for the Code Authority.
5. The Treasurer of the Code Authority, as an individual, and not as Treas-
urer, by accepting office accepts the trusts established by this contract and
agrees to perform the duties of trustee hereunder until his successor in office
may be appointed.
6. Any Member of the Industry may become a party to said contract by
written notification to said Treasurer of the Code Authority of the adoption of
and assent to the terms hereof.
7. Except as provided in Paragraph 3 above, nothing contained herein shall
be construed or applied to (a) deprive any Member of the Industry, employee or
other person of any right or cause of action arising out of this Code, or (b)
relieve any Member of the Industry from any contractual or legal obligation
arising out of such Code or of the Act or otherwise.
8. This contract may be terminated by vote of two-thirds (%) of the parties
hereto, such termination to take effect immediately upon notice in writing to
said Treasurer of the Code Authority; provided, however, such termination
shall not relieve any member from payment of liquidated damages due as a
result of any violation committed prior to said termination; provided, further,
that such termination shall not be deemed to constitute a defense in any proceed-
ing instituted pursuant to any provisions of the Act, any rules and regulations
issued pursuant thereto, or any provisions of the Code.
9. Anything in this contract to the contrary notwithstanding, upon the affirma-
tive vote of not less than seventy-five per cent (75%) of the parties hereto, said
parties may waive any liability for liquidated damages arising under this con-
tract; provided, however, such waiver shall not constitute a defense in any pro-
ceeding instituted pursuant to any provisions of the Act, any rules and regulations
issued pursuant thereto, or any provisions of the Code.
10. No suit shall be brought for the collection of liquidated damages after
one (1) year from the date of the decision rendered as provided in Paragraph 2
above.