Code of fair competition for the railway car building industry as approved on February 16, 1934

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Title:
Code of fair competition for the railway car building industry as approved on February 16, 1934
Portion of title:
Railway car building industry
Physical Description:
p. 551-568 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Railroad cars -- United States   ( lcsh )
Railroad cars -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

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Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1414-05."
General Note:
"Approved Code No. 285."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004930400
oclc - 643528593
System ID:
AA00007708:00001

Full Text



Apprved odeNo. 85 Rgisry N. 144-0


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION

FOR THE

RAILWAY CAR

BUILDING INDUSTRY


AS APPROVED ON FEBRUARY 16, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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


Approved Code No. 285


Registry No. 1414-05
























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingham. Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.













Approved Code No. 285


CODE OF FAIR COMPETITION
FOR THE

RAILWAY CAR BUILDING INDUSTRY

As Approved on February 16, 1934


ORDER

APPROVING CODE OF FAIR COMPETITION FOR THE RATLWAY CAR
BUILDING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Railway Car Building Industry, and hear-
ings having been duly held thereon and the annexed report on said
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, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A dated December 30,
1933, and otherwise; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved subject to the following
conditions: that the Definition of the Railway Car Building Indus-
try as contained in Article II be deleted therefrom and the words
"The term 'Railway Car Building Industry' or 'Industry' means
and includes the manufacturing or building for sale and selling
or commercially repairing within the United States of passenger,
freight, tank, service and maintenance cars of every kind (includ-
ing trackless and other trolley cars), however drawn, operated or
propelled, used on and/or in the operation and/or maintenance of
steam and/or electric railways and/or trolley lines, or any of such
cars, and/or parts and accessories manufactured by a member of
this Industry when such parts and accessories are to be assembled
by the manufacturer for sale as part of the finished product" be
substituted therefore; that the Definition of the products of the
Industry as contained in Article II be deleted therefrom and the
words "The term 'Products of the Industry' means and includes
40875---376-84-34 (551)







552


passenger, freight, tank, service and maintenance cars of every
kind (including trackless and other trolley cars), however drawn,
operated or propelled, used on and/or in the operation and/or main-
tenance of steam and/or electric railways and/or trolley lines, or
any of such cars and/or parts and accessories manufactured by a
nimember of this Industry, when such parts and accessories are to
be assembled by the manufacturer for sale as part of the finished
product be substituted therefore; that the words and their re-
spective staffs" as contained in Article III, Section 2 (a) be de-
leted therefrom; that the words "fifty-six (56) hours in any one
week as contained in Article III. Section 3, be deleted therefrom,
and that the words forty-five (45) hours in any one week or nine
(9) hours in any one day" be substituted therefore; that the words
" and their respective staffs as contained in Article IV, Section 5,
be deleted therefrom; that the continued participation of the Amer-
ican Railway Car Institute in the Code Authority, after thirty (30)
days from the effective date of this Code, shall be contingent upon
its amending its Constitution and By-Laws to the satisfaction of
the Administrator.
HUGn S. JOHNSON,
Administrator for Inrdustrial Recovery.
Approval recommended:
W. A. HARRIMAN,
Division A administrator.
WASHINGTON, D.C.,
February 16, 1934.












REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on the Code of Fair Competition for the
Railway Car Building Industry as revised after the Public Hear-
ing conducted thereon in Washington, D.C., on December 27, 1933,
in accordance with the provisions of the National Industrial
Recovery Act.
PROVISIONS AS TO HOURS AND WAGES

The Code establishes a 40-hour week and an 8-hour day, except as
hereinafter provided.
1. The above provisions shall not apply to those employed in
an executive, supervisory, or administrative capacity, or in techni-
cal work, who receive at least $35 per week, nor to outside salesmen.
2. Employees engaged in emergency, maintenance, or repair work
involving breakdowns, or the protection of life or property will
be excepted provided that they shall be paid at the rate of one
and one-half times the normal rates of pay for all work in excess
of the standard number of hours. The Industry will be allowed a
period of 6 weeks in each consecutive 6 months' period, beginning
on the effective date of the Code, during which overtime shall not
exceed 8 hours in any one week and time and one-half again shall
be paid for work in excess of standard.
3. Power plant employees may be employed a maximum of 45
hours in any one week, but not more than 9 hours in any one day.
4. Watchmen may work a maximum of 56 hours per week.
The minimum wage for all employees engaged in plant opera-
tion shall be 400 per hour except as hereinafter outlined.
1. A minimum wage of from 350 to 371 has been provided for
12 cities individually listed in the Code. Also, plants located in
North Carolina, South Carolina, Georgia, Alabama, Florida, Ten-
nessee, Louisiana, and Mississippi shall be permitted a minimum
wage of 320 per hour.
2. Female employees performing substantially the same work
as male employees shall receive the same rates of pay although they
may be paid 871/2% of the minimum rates if they do not perform
substantially the same type of work as male employees.
3. Apprentices and learners, the total number of whom may not
exceed 5% of the employees, shall be paid not less than 80% of the
minimum wage.
4. Clerical and office employees shall be paid a minimum wage
ranging from $15 a week in cities of 500,000 population or over,
to $14 a week in cities or towns of less than 250,000 population.
Office boys and girls may be paid not less than 80% of this mini-
mum, but their number shall not exceed 5% of the total.
There shall be one day of rest in every seven.
(553)







554


GENERAL STATEMENT
The Railway Car Building Industry is a capital goods industry
and is engaged in the manufacture and building for sale and for
rebuilding and repairing of (a) passenger, freight, tank, service,
and maintenance cars of every kind used for or on steam and elec-
tric railways or trolley lines; and (b) fabricated or processed com-
ponent, repair, or replacement parts produced for such cars.
This Industry has been seriously affected by the depression, as
its prosperity is in direct ratio to the purchasing power of the rail-
roads. Available statistics show a total production for the entire
Industry in 1929 of $328,220,204, whereas in 1931 this decreased
to $99,657,122, and undoubtedly the figures for 1933, when avail-
able, will show a continued decrease. The American Railway Car
Institute, representing 79% of the Industry, has presented the Code.
This Institute is comprised of 21 concerns operating 52 plants rep-
resenting a capital investment of $259.955,000 in 1929 and $270,-
905,000 in 1933, an increase of 4.2%. These 21 concerns showed a
total volume of production in 1929 of $258,927.000 and in 1931,
of $51.749,000. Figures submitted by the Industry for the first 6
months of 1933 show a volume of only $7,001,000, indicating a
further drastic decrease from previous years.
Competition within the Industry is limited, but the railroads them-
selves maintain their own shops for repair work and also build cars.
In 1929, there were 1,851 such shops which produced a volume of
$433,930,272 in repair work and, in addition, built cars having a total
value of $24,235,151. Of the total amount of repair work done on
railway cars, approximately 19% is commercial and 81% is done by
railway repair shops.
Employment for the entire Industry in 1929 amounted to 46,119.
In 1933, this number decreased 60% to'16,508. The 21 concerns men-
tioned above employed 37,731 persons in 1929, but only 6,556 in 1933.
The Northern wage districts account for 93% of the total employ-
ment, and 70% of all employment is centered in the five States of
Illinois, Pennsylvania, Indiana, New York, and Massachusetts.
The 21 concerns above paid an average hourly rate of 62 in 1929
and of 44 in 1933. Weekly wages in the former year average $27.40,
in the latter. $16.85. In operating under the Code, the hourly rates
will be restored to the 1929 level and in some cases over that level,
showing an approximate increase over 1933 of 35%. Factory em-
ployment under the Code will show an increase of 10.6% over 1933,
and, given similar conditions, an increase of 30% over 1929. There
will be no material increase in salaries at the present time, although
it is estimated that payrolls will increase 29% over 1933, and, given
similar conditions, will increase 6% over 1929.
Increased employment will be largely dependent upon general im-
provement in business. The government's program of making funds
available to railroads for the purchase of new equipment will greatly
help this Industry.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter:







555


I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
remova-l of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of tabor and manage-
ment under adequate governmental sanctions and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving stanzdards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant group
is an industrial group truly representative of the aforesaid Industry;
and that said group imposes no inequitable restrictions on admission
to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(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
Code.
For these reasons therefore I have approved this Code subject. to
the following conditions: that the Definition of the Railway Car
Building Incustry as contained in Article II be deleted therefrom
and the words The term 'Railway Car Building Industry' or
'Industry' means and includes the manufacturing or buildinca for
sale and selling or commercially repairing within the United States
of passenger, freight, tank, service and maintenance cars of every
kind (including trackless and other trolley cars), however drawn,
operated or propelled, used on and/or in the operation and/or main-
tenance of steam and/or electric railways and/or trolley lines, or
any of such cars, and/or parts and accessories manufactured by a
member of this Industry, when such parts and accessories are to be
assembled by the manufacturer for sale as part of the finished
product be substituted therefore; that the Definition of the products
of the Industry as contained in Article II be deleted therefrom and
the words The term Products of the Industry means and includes
passenger, freight, tank, service and maintenance cars of every kind
(including trackless and other trolley cars), however drawn, operated
or propelled, used on and/or in the operation and/or maintenance
of steam and/or electric railways and/or trolley lines, or any of such
cars, and/or parts and accessories manufactured by a member of this







556


Industry, when such parts and accessories are to be assembled by the
manufacturer for sale as part of the finished product" be substi-
tuted therefore; that the words "and their respective staffs" as
contained in Article III, Section 2 (a) be deleted therefrom; that
the words "fifty-six (56) hours in any one week" as contained in
Article III, Section 3, be deleted therefrom, and that the words
"forty-five (45) hours in any one week or nine (9) hours in any
one day be substituted therefore; that the words and their respec-
tive staffs as contained in Article IV, Section 5, be deleted there-
from; that the continued participation of the American Railway
Car Institute in the Code Authority, after thirty (30) days from
the effective date of this Code, shall be contingent upon its amending
its Constitution and By-Laws to the satisfaction of the Administrator.
Respectfully,
HUGH S. JOHNSON,
Admin istrator.
WASHINGTON, D.C.,
February 16, 1934.













CODE OF FAIR COMPETITION FOR THE RAILWAY CAR
BUILDING INDUSTRY

ARTICLE I-PURPOSES

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Railway Car Building Industry, and
shall be the standard of fair competition for such Industry and shall
be binding upon every employer engaged in such Industry.

ARTICLE II-DEFINITIONS

The term '" United States" means the continental United States,
not including Alaska or the Panama Canal zone.
The term person means and includes a natural person, a part-
nership, an association, a corporation, trustee or receiver, or other
form of enterprise.
The term Railway Car Building Industry" or "Industry"
means and includes the manufacturing or building for sale and sell-
ing or commercially repairing within the United States of (a) pas-
senger, freight, tank, service and maintenance cars of every kind
(including trackless and other trolley cars), however drawn, oper-
ated or propelled, used on and/or in the operation and/or mainte-
nance of steam and 'or electric railways and/or trolley lines, or any
of such cars, and 'or (b) fabricated or processed component, repair
or replacement parts for use or for sale as such for installation in or
for replacements or repairs of any of such cars but excepting special-
ties (and component repair and/or replacement parts therefore)
manufactured, assembled or sold by others than persons engaged in
the business of building or commercially repairing any of such cars.'
The terms President ", "Act and Adminitraitr means, re-
spectively, the President of the United States, Title I of the National
Recovery Act, and the Administrator for Industrial Recovery.
The term products of the Industry means and includes (a)
passenger, freight, tank, service and maintenance cars of every kind
(including trackless and other trolley cars), however drawn, oper-
ated or propelled, used on and/or in the operation and/or inainte-
nance of steam and,'or electric railways and/or trolley lines, or any
of such cars, and'or (b) fabricated or processed component or repair
or replacement parts for use or for sale as such for installation in
or for replacements or repairs of any of such cars but excepting
specialties (and component repair and/or replacement parts there-
for) manufactured, assembled or sold by others than persons en-
gaged in the business of building or commercially repairing any of
such cars.2
SR paragraph 2 of order approving this Code.
2 See paragraph 2 of order approving this Code.
40875T--3TG-84-34--2 (557)







558


The term "employer means and includes any person engaged
in the business of manufacturing or building for sale and selling or
commercially repairing products of the Industry or any of them.
The term n" employee means and includes an employee employed
in the Industry by any employer.
The term Institute means the American Railway Car Institute,
19 Rector Street. New York City, New York.
The term "Assenter to the Code means an employer who or
which has expresly assented to the Code and paid or agreed to pay
as and when assessed his or its share of the expenses of its adminis-
tration, as hereinafter in Article VI, Section 2, provided.
The term "effective date means the date on which the Code
shall become effective, as hereinafter provided.

ARTICLE III--WORKING HOURS

SECTION 1. Mlul.;iim Hlours.-No employee shall be permitted
to work in excess of forty (40) hours in any one week or eight (8)
hours in any twenty-four (24) hour period beginning at midnight,
except a- herein otherwise provided, nor more than six (6) days per
week.
SECTION 2. Exkfcff ,is as to Hwurs.-(a) Ejecutives, etc.-The
provisions of Section 1 above shall not apply to executives, those
employed in a supervisory or administrative capacity or in technical
work. and their respective staffs, compensated at the rate of thirty-
five (35) dollars or more per week, and outside salesmen.8
(b) Ecrgeicy Overtih.e.-The provisions of Section 1 above
shall not apply to any employee on emergency maintenance or
emergency repair work involving breakdowns or protection of life
or property. or on emergencies occasioned by the necessity for serv-
ices of specially skilled employees which cannot be cared for by the
employment of additional men. But in any such special case at least
one and one-half times the normal rate shall be paid for hours
worked in excess (if the maximum provided in Section 1 above.
(c) (Ordina,'r Overtifme for 'casonal Periods.-The maximum
hours fixed in Section 1 above shall not apply for six (6) weeks in
each consecutive six (6) months' period beginning with the effective
date. during which overtime shall not exceed eight (8) hours in any
one week. In any such case at least one and one-half times the
normal rate shall be paid for hours worked in excess of eight (8)
hours in any twenty-four (24) hours' period, or in excess of forty
(40) hours in any seven (7) days' period.
SECTION 3. Po-,wer Plant Employees.-Power plant employees
whose regular occupation during the entire time of their employment
is confined to the power house, and/or boiler house, or to the hydrau-
lic, air generating or electrical sub-station when such sub-station is
not located within the power plant proper, may be regularly em-
ployed over the daily and,'or weekly maximum number of hours
above specified up to but not exceeding fifty-six hours in any one
week.1
a See paragraph 2 of order approving this Code.
See paragraph 2 uf order approving this Code.







559


SECTION 4. Watchmen.-Watchmen may be regularly employed
over the daily and/or weekly maximum mniinber of hours above speci-
fied up to but not exceeding fifty-six (56) hours in any one week.

ArTIci: IV-WA.;.S

SECTION 1. (a) The miniiiium rate of pay to be paid by any em-
ployer to employees engaged in plant operational shall he forty (40)
cents per hour except as. hereinafter provided.
(b) The minimum rates of pay per hour to be paid to employees
engaged in plant operations in the following planIt locations and
their immediate vicinity shall be the re-pective rate- hereinil:fter set
forth, viz:
Bettenlorf, low ..------------- -------- ---------. 37
Herwick, Pa ------- ----- ------------5-- ---- 5
Huntington. West V ----------------------7-------- 7
Jeffersonville. Ind--------- ------------------ 37
Johnstown, Pa------------------------------------- 7
Madison, Ill --------------------------------- 37
Milton, Pa-------------------------- 35
Mt. Veruon. Ill 7------ ---------------------------
Rirlimu, d. Va-------------------------------------- 37
Roanoke. Va --__ --- ----------------- 37
St. Charles. Mo-------- ----------------- 35
Terre Hlau:e. Ind ------------- ---------------- 37
(c) The minimum rate of pay per hour to be paid to employees
engaged in plant operations at plant. located in North Carolina,
South Carolina. Georgia. Alabama, Florida. Telnniii-ce. Loutisianll
and Mississippi shall be thirty two (32) ients.
SECTION 2. Raf/es for F male Employc(s EnyU,, d in Plant 01O ra-
tions.-(a) The mininium rate of pay for female employees at any
plant not. performing the same kind of work as male employeee, at
said plant shall be eighty seven and one-half (ST!._) per cent of the
minimum rate hereinbefore provided for. such plant.
(b) Female employees performing substantially the samilie work as
male employees shall receive the same rate of pay as such male
em ployees.
SECTION 3.. Appre'tifics (an Learners Eialf'/ed in Plant Opera-
tions.-The minimum rate of pay for apprentices for a period of one
year and for learners for a period of three months shall be eighty
(80) per cent of the minimuin rate hereinbefore provided for the
plant. where such apprentices or learners work. provided that appren-
tices after a period of one year and learners after a period of three
months shall no longer be classed as such. but the total number of
such apprentices and learners paid by any employer at such reduced
rates shall not exceed five (5) per cent of the total number of em-
ployees employed by such employer in plant operations.
SECTION 4. Minimum rates. for office anl other Employees.-The
minimum rate of pay for all employees other than those engaged in
plant operations, including office employees, shall be not less than at
the rate of $15.00 per week in any city of more than 500,000 popula-
tion; nor less than at the rate of $14.50 per week in any city of be-
tween 250,000 and 500,000 population; nor less than at the rate of
$14.00 per week in any city of less than 250,000 population, the rates







560


for each city to apply to the immediate trade area of such city, pro-
vided that learners and office boys and girls may be paid not less
than eighty (80) per cent of such minimum wage, but the total num-
ber of such learners and office boys and girls who are paid such
reduced rates shall not exceed five (5) per cent of the total number
of employees covered by the provisions of this Section 4. The popu-
lation, for the purpose of this Code, shall be determined by reference
to the 1930 Federal Census.
SECTION 5. Adjustmnent in Rates of Pay.-The rates of pay of all
employees receiving more than the minimum rates of pay herein-
before provided (except executives, those employed in a supervisory
or administrative capacity or in technical work, and their respective
staffs, receiving at the rate of thirty-five (35) dollars or more per
week, and outside salesmen), which have not subsequent to June 16,
1933 been equitably adjusted, shall be so adjusted not later than
fifteen (15) days subsequent to the effective date of this Code, pro-
vided, however that in no event shall rates of pay of such employees
be reduced. Not later than sixty (00) days after the effective date
of this Code the Code Authority shall report to the Administrator
the action taken by all employers in the Industry since May 1, 1933,
in making such adjustments.5
SECTION 6. Pieces Rates.--This Article establishes a minimum rate
of pay regardless of whether an employee is compensated on a time
rate, piece rate or other basis.
SECTION 7. Handicapped Workers.-The mitimum rate of pay for
employees who by reason of disability and.'or infirmity are compe-
tent only for light employment shall be eighty (80) percent of the
applicable minimum wage rates established in Sections 1 and 4 of
this Article, and the total number of such employees employed at.
such reduced rates by any one employer shall not exceed two (2)
percent of the total number of employees employed by such employer.
ARTICLE \-GENERAL LABOR PROVIIONS

SECTION 1. Pursuant to Section 7 (a) of Title I of the Act, the
Code shall be subject to the following conditions:
"(a) That employees shall have the right to organize and bargain
collectively 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 designation of such representatives or
in self-organization, or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection:
"(b) That no employee and no one seeking employment shall be
required 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; and
"(c) That employers shall comply with the maximum hours of
labor, minimum rates of pay and other conditions of employment
approved or prescribed by the President."
SECTION 2. No person under sixteen (16) years of age shall be
employed in the Industry and no person under eighteen (18) years
*See paragraph 2 of order al)proving this Code.






561


of age shall be employed in an employer's plant in the Industry in
the manufacture, repair and/or handling of the products of the
Industry. In any State an employer shall be deemed 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.
SECTION 3. Within each State the Code shall not supercede any
laws of such State imposing more stringent requirements on
employers, regulating age of employees, or wages and hours of work.
SECTION 4. Employers shall not reclassify employees or duties of
occupations performed or engage in any other subterfuge for the
purpose of defeating the purposes of the Act.
SECTION 5. All employers shall post complete coplies of this Code
in conspicuous places accessible to all employees.

ARTICLE VI-ADMINISTIATION

SECTION 1. A Code Authority, constituted and elected as herein-
after provided, shall be established by the Indusltry to effectuate the
purposes of the Code and shall have buch powers as .-hall enable it
to administer, supervise and facilitate the enforcement of the pro-
visions of the Code.
SECTION 2. Employers may become As!enlters to the Code and
shall be entitled to participate in and share the benefits of the
activities of the Code Authority and to participate in the selection of
the Industry Members by (a) assenting to the Code in a letter in
the form or substantially the form hereto annexed as Schedule A,
filed with the Institute, and (b) paying or agreeing to pay as and
when assessed their respective proportionate shares of the expenses
of the administration of the Code as determined by the Code
Authority. Such expenses shall be borne by the Assenters to the
Code pro-rated in the proportion that. the number of votes which
the respective Assenters to the Code are at the time entitled to cast
bears to the total number of votes which all the Asbenters to the
Code are at the time entitled to cast. at a meeting of Assenters to the
Code.
Any employer is eligible to membership in the Institute.
SECTION 3. The Code Authority shall consist of seven (7) members,
to be elected as hereinafter provided (hereinafter called the "Indus-
try Members"'). In addition to the foregoing members there may
be from one to three members (without vote) appointed by the
Administrator (hereinafter called the "Administrator's Represent-
atives ").
SECTION 4. For a period not exceeding sixty (60) days following
the effective date and pending the election and appointment of the
permanent Code Authority, as hereinafter provided, the members of
the Board of Directors of the Institute as the Industry Members
and the appointees, if any, of the Administrator (appointed as in
Section 3 of this Article provided) as the Administrator's Represent-
atives shall constitute a temporary Code Authority.8
See paragraph 2 of order approving this Code.






562


SECTION 5. The Institute, as soon as practicable after the approval
by the President of the Code, shall, by written notice mailed to all
employers known to the Institute, call a meeting of such employers
for the purpose of electing the Industry Members of the permanent
Code Authority. At such meeting each employer who shall have
become an Assenter to the Code and shall have made report of the
information specified in Section 1 of Article II as a basis for the
computation of his or its vote to the Secretary of the Institute shall
have the right to vote in person or by duly authorized proxy. The
Industry Members to be elected at such meeting shall be classified.
Two of such members shall be elected by a plurality of the votes cast
by such employers present or represented at such meeting-each such
employer, for such purpose, having the right to cast one vote. Five
of such members shall be elected by such employers present or repre-
sented at such meeting by a majority of the votes that might be cast
if all the Assenters to the Code were present at such meeting-each
such employer present or represented at the meeting, for such pur-
pose, having the right to cast. the same number of votes which he or
it would, pursuant to Section 1 of Article XI hereof, have the right
to cast at a meeting of Assenters to the Code. Employers who are
members of the same affiliated group, as that term is defined in Sec-
tion 1 of Article XI hereof, shall, at elections of Industry Members
of the permanent Code Authority, vote as one employer. More than
one Industry Member from among the officers, agents, representatives
or nominees of the corporations which are members of one affiliated
group, as that term is defined in Section 1 of Article XI hereof, shall
at no time be elected or appointed or, subject to Section 14 of this
Article, allowed to serve on the permanent Code Authority. The
Industry Members so elected at such meeting shall serve until the
meeting of the Assenters to the Code to be held in January, 1935, as
hereinafter provided, and until their respective successors are elected
and have qualified. The Industry Members so elected and the Ad-
ministrator's Representatives, if any, shall constitute the permanent
Code Authority.
A meeting of the Assenters to the Code shall be held in January,
1935, at the time and place of the annual meetings of members of the
Institute, for the purpose of electing successors to the Industry Mem-
bers of the Code Authority first elected as hereinabove provided. At
such election the method of voting described above shall be employed.
SECTION 6. With a view to keeping the President and the Admin-
istrator informed as to the observance or nonobservance by the Indus-
try of the Code, and as to whether the Industry is taking appropriate
measures to effectuate the declared policy of the Act, each employer
shall prepare and file with the Secretary of the Institute or such
other agency as the Code Authority shall designate, and at such
times and in such manner as the Code Authority shall prescribe,
statistics and data with respect to so much of the employer's business
as is within the Industry, covering the number of employees em-
ployed, wage rates, earnings of employees, hours of work, and such
other related data as may be necessary for the purposes stated in this
Section.
SECTION 7. All statistics, data, and information filed pursuant to
the provisions of the Code shall, except as otherwise provided in the






563


Act or herein, be kept and treated as confidential and shall be used
only for the purposes herein set forth. Nothing herein contained,
however, shall prevent the publication by the Code Authority of
general summaries of such statistics, data, and information.
SECTION 8. The Code Authority, by its duly authorized representa-
tives (who shall not be in the employ of any employer affected by
the Code), shall have access to the statistics and data filed with the
Secretary of the Institute or other agency designated by the Code
Authority, pursuant to the provisions of Section 6 of this Article,
for the purpose of administering and facilitating the enforcement
of the provisions of the Code.
SECTION 9. The Code Authority may. upon its own initiative or
upon complaint of any person affected. make invest ration as to the
functioning and observance of any provisions of the Clode, and report
the results of such investigation to the Administrator.
SECTION 10. The Code Authority may adopt such rules and regu-
lations and constitute or appoint such agency or agencies as it shall
deem necessary for the administration and/or facilitation of the
enforcement of the provisions of the Code. The Code Authority
shall be deemed to have discharged its full dpty under the Code with
respect to any violation or alleged violation of the Code when the
Code Authority or the agency constituted or appointed by it to han-
dle the matter shall have taken such action as may be legally avail-
able to it or shall have certified the facts available to it with respect
to such violation or alleged violation to the Administrator. The
Code Authority may adopt rules and regulations for its own pro-
cedure which shall not be inconsistent with the provisions hereof.
SECTON 11. The Code Authority may use and/or employ such
trade associations and other agencies as it deems proper, including
the Institute, for the carrying out of any of its activities or duties
provided for herein.
SECTION 12. At each meeting of the Code Authority each Industry
Member shall have one vote and the concurring vote of a majority of
the full number of the Industry Members shall be necessary to
carry any question. Due notice of all meetings of the Code Author-
ity shall be given to the Administrator's Representatives.
SECTION 13. Any vacancy among the Industry Members occurring
by reason of the death or resignation of a member or otherwise, shall
be filled at a meeting of the employers called upon at least ten days'
notice. In electing an Industry Member to fill the vacancy the same
method of voting shall be employed as was employed in electing the
member who has died, resigned or whose placehas otherwise become
vacant.
SECTION 14. Each Industry Member may appoint and certify to
the Secretary of the Institute an alternate who, during the absence
or disability of the Industry Member appointing him may attend
and act at meetings of the Code Authority with the same rights,
powers and duties that. the Industry Member appointing him would
have if present.
SECTION 15. If the Administrator shall determine that any action
of the Code Authority or any agency thereof is unfair or unjust or
contrary to the public interest, the Administrator may require that
such action be suspended for a period of not to exceed thirty (30)






564


days to afford an opportunity for investigation of the merits of such
action and further consideration by such Code Authority or agency
pending final action, which shall be taken only after approval by the
Administrator.
ARTICLE VII-CONCERNING SALES
SECTION 1. In each case wherein two or more employers shall be
invited to submit proposals or bids to manufacture or build and sell
or to repair any products of the Industry, each employer so invited
shall within forty-eight hours after receipt by him or it of such
invitation notify in writing the Secretary of the Institute or other
agency designated by the Code Authority of the receipt of such
invitation, the name of the customer inviting the proposals or bids,
the number and kind of products of the Industry and/or repairs
with respect to which the proposals or bids are invited, the date, if
any, on or by which the. proposals or bids are to be submitted to the
customer and whether or not such employer intends to submit a pro-
posal or bid and each employer submitting a proposal or bid (a)
shall reduce the same to writing, (b) shall state therein, among other
things, terms of payment and delivery and the price, including the
price of such alternates hs shall be required or proposed, which price
shall be not less than such employer's estimated cost (as hereinafter
defined) in respect of the products and/or repairs covered by said
proposal or bid, and (c) shall, coincident with the submission of such
proposal or bid, send by mail or cause to be delivered (whichever
shall be the more expeditious method of transmittal), a sealed, full,
true and correct copy of such proposal or bid to the Secretary of the
Institute or other agency designated by the Code Authority for the
purpose. The employer's estimated cost shall be his or its estimated
cost computed according to the method approved by the Code
Authority and the Administrator. The Secretary of the Institute
or other agency designated as aforesaid shall on the date on or by
which the proposals or bids are to be submitted to the customer as
stated in the invitation for bids, or upon the receipt by him or it of
proposals or bids from all the employers who or which shall, as
aforesaid, have notified him of their intention to submit proposals
or bids (whichever shall be earlier) open the sealed copies which
shall have been deposited with the said Secretary or said other
agency and send by mail or cause to be delivered (whichever shall
be the more expeditious method of transmittal) to each employer
from whom or which he shall have received a copy of a proposal or
bid in respect to any given products of the Industry and/or repairs,
a copy of every proposal or bid received by him from each other
employer in respect of such products and/or repairs. A bidding
employer failing or refusing in any case in accordance with the
foregoing to submit a written proposal or bid and/or deliver a copy
thereof to the said Secretary shall be guilty of a violation of the
Code. No employer shall sell the products of the Industry at a
price or on terms or conditions more favorable to the purchaser
than the prices, terms and conditions set forth in that proposal or
bid from among those of which a copy shall have been sent or deliv-
ered to the Secretary of the Institute or other designated agency, as
aforesaid, most favorable to the purchaser, except upon the reopening
of bids.






565


SEcrroN 2. For all the purposes of Section 1 of this Article, a pro-
posal or bid submitted and a sale made and/or repair work done by
any employer indirectly through any affiliated company of such em-
ployer or otherwise shall be deemed to be a proposal or bid sub-
mitted or a sale made and/or repair work done by such employer.
ARTICLE VIII-EXPORTS
Nothing in Article VII hereof shall be deemed to apply to or
affect any proposal or bid upon, or the sale of any product of the
industry destined for direct or ultimate shipment in export trade.
The term "export trade as used herein means and includes ship-
ments made to foreign countries, Alaska, Panama Canal Zone and/or
the Insular Possessions of the United States of America.

ARTICLE IX-UNFAIR PRACTICES
For all the purposes of the Code, the following described acts shall
constitute unfair practices:
(a) The offering, giving, accepting or arranging for the giving
of a secret rebate in any form or manner, which rebate is not stated
in the quotation to the customer and results in lowering the price to
the customer stated in the quotation.
(b) The granting of an option or the making of an agreement in
connection with an order for products of the Industry, or any of
them, wherein or whereunder the customer is given the right to
require the employer to manufacture or build and deliver, but is
under no obligation to take or pay for, any products of the Industry
additional to those stated in the order, at the price or approximately
at the price stated in the order.
The Code Authority shall within fifteen (15) days after the effec-
tive date formulate additional Trade Practice provisions for ap-
proval by the Administrator.

ARTICLE X-CANCELLATION OR MODIFICATION BY THE PRESIDENT
As required by Section 10 (b) of Title I of the Act:
The President may from time to time cancel or modify any order,
approval, license, rule or regulation issued under Title I of the Act.
ARTICLE XI-GENERAL PROVISIONS
SECTION 1. At meetings of Assenters to the Code each Assenter
to the Code shall be entitled to cast as many votes as shall equal
the quotient obtained by dividing by 100,000 the amount in dollars
of the average annual invoice value as reported to the Secretary of
the Institute of (a) products of the Industry (other than cars built
or manufactured for operation by such Assenter to the Code to a
firm or corporation, which, or the successor of which, on January 1
of the year in which the votes are cast is a member of the same
affiliated group as such Assenter to the Code) completed, delivered
and invoiced by such Assenter to the Code within the United States
and (b) all repairs made within the United States to products of
the Industry (other than repairs made by an Assenter to the Code






566


for a firm or corporation which, or the successor of which, on Jan-
uary 1 of the year in which the votes are cast is a member of the
same affiliated group as such Assenter to the Code, or to cars owned
by, under lease to or controlled by such Assenter to the Code, or a
firm or corporation which, or the successor of which, on January 1
of the year in which the votes are cast is a member of the same
affiliated group as such Assenter to the Code) by such Assenter to
the Code during the preceding five calendar years, provided, how-
ever, that fractions in such quotient shall be disregarded and each
Assenter to the Code shall have at least one vote. The term sold "
as used in this Section 1 includes conditional sales, bailment leases
and similar forms of disposition of cars. The term affiliated
group as used herein means one or more corporations connected
through stock ownership with a common parent corporation and
the common parent corporation if (1) at least fifty per cent of the
voting stock of each of such corporations (except such common
parent corporation) is owned directly by the common parent cor-
poration or (2) at least fifty per cent of the voting stock of each
of such corporations except such parent corporation is owned di-
rectly by one or more of the other corporations and (3) such common
parent corporation owns directly at least fifty per cent of the voting
stock of at least one of the other corporations. All questions as to
the number of votes which each Assenter to the Code shall be
entitled to cast at any meeting of Assenters to the Code, other than
the meeting at which the Industry Members of the permanent Code
Authority are elected, shall be determined by the Code Authority.
SECTION 2. At meetings of Assenters to the Code, each Assenter
to the Code may vote in person or by proxy appointed by an instru-
ment in writing duly executed by such Assenter to the Code and filed
with the Secretary of the meeting. No employer who or which shall
not also be an Assenter to the Code shall be entitled to vote at any
meeting of Assenters to the Code.
SECTION 3. 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
any one for any act of any other member, officer, agent or employee
of the Code Authority. Nor shall any member of the Code Author-
ity, exercising reasonable diligence in the conduct of his duties here-
under, be liable to any one for any action or omission to act under
this Code, except for his own wilful misfeasance or non-feasance.
ARTICLE XII-AMENDMENTS
SECTION 1. It is contemplated that as changed conditions or expe-
rience may indicate, the provisions of this Code other than those
required by the Act to be included therein, may, with the approval
of the President, if approval thereof by him shall then be required
by law, be modified or eliminated and that from time to time amend-
ments or revisions of, or additions or supplements to this Code may
be submitted to the President for approval, if approval by him shall
then be required as aforesaid, and that such amendments, additions
revisions and/or supplements when approved by the President, if
approval by him shall then be required as aforesaid, shall be in full
force and effect. Any employer may submit for consideration of






567


the Code Authority any amendment to the Code which he or it con-
siders desirable.
SECTION 2. The Code may be amended, revised, added to or sup-
plemented at any time and from time to time in the manner in this
Section 2 provided. All amendments and revisions of or additions
and supplements to this Code shall be proposed either (a) by the
Code Authority by resolution duly adopted at a regular or special
meeting of the Code Authority, or (b) by a written proposal signed
by at least one-third in number of the Assenters to the Code, and each
amendment, revision, addition or supplement so proposed shall be
submitted to a meeting of Assenters to the Code specially called for
that purpose upon at least ten days' written notice. If at such meet-
ing Assenters to the Code entitled to cast at least a majority of all
the votes that might be cast at the meeting if all the then Assenters
to the Code were present threat shall vote for the adoption of the
amendment, revision, addition or supplement, such amendment, re-
vision, addition or supplement shall be submitted by the Code Au-
thority to the President for his approval, if approval thereof by
him shall then be required by law. Every such amendment, revi-
sion, addition or supplement shall take effect as a part of the Code
upon the adoption thereof as above provided and the approval
thereof by the President, if approval thereof by him shall then be
required as aforesaid.

ARTICLE XIII-ExPIRATION DATE

In no event shall the Code continue in effect after the Act shall
cease to be in effect, nor shall it in any event continue in effect after
June 16, 1935, regardless of whether the Act shall then be in effect.
ARTICLE XIV-MkIONOPOLIES, ETC.

The Code is not designed to promote monopoly and shall not be so
construed or applied as to oppress or discriminate against small
enterprises.
ARTICLE XV-EFFECTIVE DATE

The Code shall become effective five (5) days after its approval
by the President.
Approved Code No. 285.
Registry No. 1414-05.





UNIVERSITY OF FLORIDA

III1iI llll I0I IIII1111111 il III
3 1262 08728 6299






SCHEDULE A

AMERICAN RAILWAY CAB INSTITUTE,
19 Rector Street, New York City.
GENTLEMEN: The undersigned, desiring to become an Assenter to the Code of
Fair Competition for the Railway Car Building Industry, a copy of which is
hereto annexed (hereinafter called the "Code"), hereby assents to all the
terms and conditions of the Code and, effective on the date on which the Code
is approved by the President of the United States or as of the date on which
this letter is delivered, if delivery is made after such date of approval by the
said President, the undersigned by the signing and delivering of this letter
becomes an Assenter to the Code as provided in and subject to the provisions
of Article VI, Section 2 of the Code.
Yours very truly,
-------------------------- ---f
Name of Corporation.
By ----------------- -_---- ,
Signature of AMUtorized Officer.

Title of Authorized Officer.
(568)