Amendment to code of fair competition for the fuller's earth producing and marketing industry as approved on September 2...

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Material Information

Title:
Amendment to code of fair competition for the fuller's earth producing and marketing industry as approved on September 25, 1934
Portion of title:
Fuller's earth producing and marketing industry
Physical Description:
4 p. : ; 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:
Fuller's earth -- Law and legislation -- United States   ( lcsh )
Clay industries -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1013-10."
General Note:
"Approved Code No. 356--Amendment No. 1."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 005051246
oclc - 63655005
System ID:
AA00007944:00001

Full Text








*iATIONAL RECOVERY ADMINISTRATION





AMENDMENT TO

:. CODE OF FAIR COMPETITION

:,FOR THE


.. FULLER'S EARTH


SUTTCTNG AND MARKFTNmI


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.. .INDUSTRY




AS APPROVED ON SEPTEMBER 25, 1934













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This publication is for sale by the Superitendent of Docnments, Govermea4
Printing Office, Washington, D.C, and by diatriet ofoes of the Bureau of Foreia
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMSEIC.
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San Francisco, Calif.: 310 Customhouse.
Seattle, Wash. 809 Federal Office Building. I


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Approved Code No. 356-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
R'S EARTH PRODUCING AND MARKETING
INDUSTRY
As Approved on September 25, 1934


ORDER
i.Tj nlOVIrG AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
'i:" FULLIER's EARTH PRODUCING AND MARKETING INDUSTRY
Application having been duly made pursuant to and in full
Ha: pliance with the provisions of Title I of the National Industrial
very Act, approved June 16, 1933, for approval of an amendment
IA the Code of Fair Competition, and NOTICE OF OPPORTU-
.ii:. TY TO BE HEARD, Administrative Order 356-4, dated June
in 1934, having been published and the objections filed pursuant to
S'ais notice having been given due consideration, and the annexed
~iiErt on said amendment, containing findings with respect thereto
-A iig been made and directed to the President:
4ItOW, THEREFORE, on behalf of the President of the United
ajwt es, Hugh S. Johnson, Administrator for Industrial Recovery,
:; pilarsuant to authority vested in me by Executive Orders of the Presi-
e ,: t. including Executive Order 6543-A, dated December 30, 1933,
Sothlerwise, do hereby incorporate by reference, said annexed
Q1i and do find that said amendment and the Code as constituted
'being amended comply in all respects with the pertinent
..l.V sions and will promote the policy and purposes of said Title
said Act, and do hereby order that said amendment be and it is
h.:iebivy approved, and that the previous approval of said Code is
he:reby modified to include an approval of said Code in its entirety
i i" amended.
SHUGH S. JOHNSON,
Administrator for Industrial Recovery.
S Approval recommended:
I.. '' C. E. ADams,
Division, Administrator.
WASMNGT, D.C.,
September 05, 1934.
87?"r7--1181-974---34 (1)



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REPORT TO THE PRESIDENT

The White House.
SIR: An application has been duly made pursast to ma in fulH
compliance with the provisions of the National Industrial Recovery .
Act, for an amendment to the Code of Fair Competition for the .. |
Fuller's Earth Producing and hMaketing Industry.

--La ."jiI
The Deputy Administrator im his final report to me on said
amendment to said Code having found as herein set forth and on
the basis of all the proceedings in this matter:
I 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 among trade groups, by indnciag
and maintaining united action of labor and management, under
adequate governmental sanction and supervision, by eliminating Un-
fair competitive practices, by promoting the fullest possible utili-
zati'on of the present productive -capacity of industries, by avoiding
undue restriction of production (except as may be temporarily re-
quired), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, dand :'
by otherwise rehabilitating industry.
(b) The Code as amended complies in all respects wi the pei-ti-
nent provision of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sulb-section (a) of Section 7 .and
sub-section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the aoe r-
said amendment 'on beh-alf of the industry as a whole.
(d) The amendment and the Code as amended are not designed :
to and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed ,
to and 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 i
not been deprived of the right to be heard prior to approval of said I
amendment.
For these reasons, therefore, I have approved this amendment.
Respectfully,
Hc-UGH S. Joranso,
SEPTEmstBER 25, 1934.
SEPTEMBER 25, 1934. Aai









: AMENDMENT TO CODE OF FAIR COMPETITION FOR
.THE FULLER'S EARTH PRODUCING AND MARKETING
:INDUSTRY
A i- endnment ANo. 1.-Article II, Section 1 to be revised by elim-
ii eating the Section and substituting therefore the following:
S The term Fuller's Earth" is a general term used to define all
Scliys and/or clay-like mineral earths which are produced in any form
Sfor the primary purposes of decolorizing and or filtering and. or
neutralizing oils and/or fats and/or similar substances, not requiring
chemical treatment for such purposes.
Amendment No. 2.-Amend Section 1 of Article V by inserting
Sth following sentence after the second sentence in the Section:
: W: W ,Within thirty (30) days from the approval of this Amendment
th Code Authority shall submit to the Administrator for approval,
I': ast of such operations or occupations.
S .Amenmeent No. 3.-Amend Section 7 of Article V by striking
I t .: t-the Section and substituting therefore the following:
':. : SLrrouI 7. All employers shall post and keep posted copies of
liiI s Code in conspicuous places accessible to all employees. Every
iira-: aber of the Industry shall comply 'with all rules and regulations
n.ia.r'i: e to the posting of provisions of Codes of Fair Competition
wMi:. idi may from time to time be prescribed by the Administrator.
SAmendment No. 4.-Amend Article V by adding the following
p rovision as Section 9.
.. *-NS employer shall dismiss or demote any employee for making
Se-eanplaint or giving evidence with respect to an alleged violation
I ith'. t provisions of this Code.
SAm:endment No. 6.-Article VI, Section 1, to be changed to read
Article VI, Section 1 (a) and adds as a new Section 1 (b) thereto
.h.. t.afollowing:
Tl Code Authority may, upon its own initiative or upon the re-
; t .: of one or movie members of the Industry, and subject to the
Igpoval of its action by the Administrator, appoint not more than
twtowadditional members of the Code Authority from among members
of the Industry or their representatives, such members to be
appointed for the same term of office as the four members described
it.Section 1 (a) of this Article, and to act together with the said
Four members, as members of the Code Authority, provided that no
member of the Industry shall have more than one representative
on the Code Authority; and further provided that after the first
term the two additional positions hereby created shall be filled in the
sawe manner as set out in Section 1 (a) above.
S Amendment No. 6.-Delete Section 4 of Article VI, and sub-
Section (g), Section 6, Article VI, and re-number the remaining
;: Sections of Article VI to conform to arithmetical order, and change
sib-Section (h) of Section 6 of Article VI to read sub-Section (g).
Delete sub-Section (f) of Section 6 of Article VI and substitute
1 the following:









the Code Authority is authorized: : ..
(a) To incur such reasonable obligations ias are re necessary*:
and proper for the foregoing purposes, and to meet shbro bli-
gations out of funds which may be raised as hereinafter pro-
vided and which shall be held in trust for the purposes ofti
Code;
(b) To submit to the Administrator for his approval siubjei~..
to such notice.and opportunity to be heard as he may deem nec, :
essary (1) an itemized budget of its estimated expenses ~i.: i1
the foregoing purposes, and (2) an equitable basis upon which
the funds necessary to support such budget shall be contributed(t:'::!:
by members of the Industry;
(c) After such budget and basis of contribution have beej .:i;II
approved by the Administrator, to determine and obtain equn-
table contribution as above set forth by all members of the
Industry, and to that end, if necessary, to institute legal prO- r-
ceedings therefore in its own name.
2. Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code, uthor- I
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only .:-
members of the Industry complying with the Code and contributing :J
to the expenses of its administration as hereinabove provided, unless
duly exempted from making such contribution, shall be entitled ,
to participate in the selection of members of the Code Authority
or to receive the benefits of any of its voluntary activities or to
make use of any emblem or insignia of the National Recovery
Administration.
3. The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated. in
its approved budget, and shall in no event exceed the total amount '
contained in the approved budget, except upon approval by the
Administrator; and no subsequent budget shall contain any deft-
ciency item for expenditures in excess of prior budget estimates :
except those which the Administrator shall have so approved.
Approved Code No. 356-Amendment No. 1.
Registry No. 1013-10. .
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