Approved Code No. 278-Amendment No. 2 Registry No. 1411-61
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON SEPTEMBER 5, 1934
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Approved Code No. 278-Amendment No. 2
Registry No. 1411-61
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Approved Code No. 278-Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
As Approved on September 5, 1934
APPROVING MODIFICATIONS OF CODE OF FAIR COMPETITION FOR THE
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Indus-
trial Recovery Act, approved June 16, 1933, for approval of modi-
fications to the Code of Fair Competition for the Trucking In-
dustry and the annexed report on said modifications containing
findings with respect thereto having been made and directed to the
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
President, including Executive Order 6543-A, dated December 30,
1933, and otherwise do hereby incorporate by reference, said an-
nexed report and do find that said modifications and the Code
as constituted after being modified comply 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 modifications
be and they are hereby approved, and that the previous approval
of said Code is hereby modified to include an approval of said Code
in its entirety as modified, such approval and such modifications
to take effect fourteen days from the date hereof, unless good cause
to the contrary is shown to the Administrator before that time and
the Administrator issues a subsequent order to that effect.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
L. H. PEEBLES,
Acting Division Administrator.
September 6, 1934.
REPORT TO THE PRESIDENT
The 'White House.
SIR: This is a report on Modifications of the Code of Fair Compe-
tition for the Trncking Industry. The Modifications were sub-
mitted by the Code Authority for said Industry and are to be pub-
lished coincidental with the approval of the Order. Opportunity
to file objections is to be afforded to all interested parties.
In final form these Modifications have been approved by the
Industrial Advisorm Board and the Legal Division of the National
Recovery Administration. These are the only Boards concerned
with these Modifications.
The Deputy Adiministrator in his final report to me on the Modi-
fications of said Code. having found as herein set forth and on the
basis of all the proceedings in this matter:
I find that:
S(a) The Modifications of said Code and the Code as modified
is well designed to promote the policies and purposes of Title I
of the National Industrial Recovery Act, including the removal of
obstructions 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 among the trade groups, by inducing
and maintaining united action of labor and management under ade-
quate governmental sanctions and supervision, by eliminating unfair
competitive practir,-s, by promoting the fullest possible utilization
of the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
icts through increasing purchasing power, by reducing and relieving
unemployment. by improving standards of labor, and by otherwise
(l) T'he C'odle 'a modified complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion 8ibsection (a) ouf Setion 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
' (c) The Code empowers the Code Authority to.present the afore-
said ModifiCeations on behalf of the Industry as a whole.
(d) The Modifications and the Code as modified are not designed
to and will riot permit monopolies or monopolistic practices.
(e) ThI Modlifications and the Code as modified are not designed
to and will not eliminate or oppress s-mall enterprises and will not
operate to discriminated against them.
(f) Tlhisp e.iigaged in a;ny other steps of the economic process are
to have full opportunity it i'e !hearn1 as provided in the Order of
For these reaons, these Modifications have been approved.
HUGH S. JOHNSON,
SEPTEMBER 5, !,3-1.
MODIFICATION OF CODE OF FAIR COMPETITION FOR
THE TRUCKING INDUSTRY
Modify Article II by striking out Section 15, and changing the
numbering of the sections following accordingly.
Modify the first paragraph of Article III, A, by striking out the
words Regional Code Authorities; (3)", and changing the nminber
" (4) to (3)b
Modify Article III, A (1) by striking out the first paragraph
thereof headed Organization ", and substituting the following:
The National Code Authority shall consist of one voting member
from each region. For the puIrpose of administering the Code, the
National Code Authority shall divide the United States into regions
consisting of three or more states. The voting numbers of the
National Code Authority shall be elected by an electoral college
consisting of four members from each region. Members of this
electoral college shall be chosen by a majority vote of a convention
qf state code authorities in each region, each state area in such
region voting an equal number of votes. The members of' the
electoral college so chosen from each region shall be e, ,o a regular
route common carrier operator; one, a contract operator; one, a
local cartage operator; and one, an operator from some other
natural class of the Industry.
"The first convention for choice of delegate, to the electoral
college shall be held in each region on call of the National Code
Authority. which call shall be issued within ninety days after the
elections provided for in paragraph (3), hereof headed State-Code
Authority and such convention shall be subject to rules and regu-
lations lpresLtribed by the National Code Authoritya and approved
by the Administrator. ; : 1
"The first meeting of the electoral college shall be held on call
of the National Code Authority and it shall thereafter operate in
accordance with its own by-laws approved by the Administrator
and under its own officers."
Modify the second paragraph of Article III, A (1) headed
" Powers and Duties by striking out the word Regional ", ,
Modify Article III, A (1) (f) by striking out the word "Re-
Modify Article III, A\ (1) (i) by ,triking out the word "Re-
Strike out Article IIT, A (2) headed "Regional Code Anthority "
and change the numbering of (3) headed State Code Authority
and (4) headed b" D)ivisional Code Authorities accordingly.
Modify the present paragraph Article III, A (3) headed "State
Code Authority "' by striking out Sub-secti on (h) and substituting
"Thee appropriate Stte Code Authrity reset to filing of
rates between two or more State Areas, shall be the State Code
Authorities for each area within whose jurisdiction such rates apply
with respect to hearings on the lufficiency of a rate or rates to meet
the cost of the service to be performed. The appropriate State Code
Authority having the power to hold hearings thereon and to suspend
such rate, after hearing, shall be that State Code Authority within
whose jurisdiction the service to be performed to which such rate
applies has its beginning under such rate."
Modify Article III, A (4) (A) headed "Natural Division of
Industry" by striking out the words or Regional" in Sub-
Modify Article III, C, headed Temporary Organizations" by
striking out the word '" Regional ".
Modify Article IV, headed Industrial Relations Boards", by
striking out the word Regional ",
Modify Article V, A, by striking out the words or Regional"
from Section 5.
Modify Article VII by striking out the words or Regional from
Sections 1 and 2 thereof, and by striking out the words "and
Regional from Section 3 thereof and inserting in line five of said
Section 3 between the word Divisional and the word State the
word and ".
Modify Article VIII, headed "Trade Agreements", by striking
out the words "Regional or from the second paragraph thereof,
and by striking out the following beginning with line three of the
third paragraph thereof:
"Trade agreements extending beyond the jurisdiction of a State
Code Authority shall be submitted to the appropriate Regional Code
Authority and if extending beyond the jurisdiction of one Regional
Code Authority, shall be presented to the Code Authority for one
of the regions involved and shall be dealt with by a joint committee
of all the regional code authorities within whose jurisdiction such
group agreement is effective. The Code Authority to which such
trade agreement is originally presented shall give notice to all other
regional code authorities in order that such joint committee may be
set up. In dealing with such trade agreement, the joint committee
of all the regions involved shall be vested with the powers of the
several regional code authorities from which its members are ap-
pointed. The proceedings of such inter-regional committee shall
be conducted according to rules and regulations prescribed by the
National Code Authority and each Regional Code Authority in-
volved shall be kept fully informed of the activities of the joint
and substituting therefore the following:
"Trade agreements extending beyond the jurisdiction of a state
code authority shall be submitted to the code authorities for each
state within whose jurisdiction such group agreement is effective, and
if approved shall be dealt with by a joint committee of all the state
code authorities within whose jurisdiction such group agreement is
effective. The proceedings of such inter-state committee shall be
conducted according to rules and regulations prescribed by the Na-
tional Code Authority and each state code authority involved shall
be kept fully informed of the activities of the joint committee."
Modify Article X, Section 3 by striking out the word" Regional ".
Approved Code No. 278-Ameudment No. 2.
Registry No. 1411-61.
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