Code of fair competition for the merchandise warehousing trade as approved on January 27, 1934

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Material Information

Title:
Code of fair competition for the merchandise warehousing trade as approved on January 27, 1934
Portion of title:
Merchandise warehousing trade
Physical Description:
p. 495-509 : ; 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:
Warehouses -- 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. 1715-01."
General Note:
"Approved Code No. 232."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004938240
oclc - 649692331
System ID:
AA00008065:00001

Full Text


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-. No. 232


Registry No. 1715-01


NATIONAL RECOVERY ADMINISTRATION


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FOR THE


MERCHANDISE


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WAREHOUSING TRADE


AS APPROVED ON JANUARY 27, 1934


WE DO OUR PART


UNITED STATES

GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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CODE OF FAIR COMPETITION


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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.
Jac-kouville, Fla.: Chamber of Commerce Building.
Kansas City. Mlo.: 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.










S': Approved Code No. 232
S: CODE OF FAIR COMPETITION
FOR THE

MERCHANDISE WAREHOUSING TRADE

As Approved on January 27, 1934






ORDER

APPROVING CODE OF FAIR COMPETITION
FOR THE

MERCHANDISE WAREHOUSING TRADE
i
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 Merchandise Warehousing Trade, and
hearings 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; provided, however, that
the continued participation of the Merchandise Division of the
American Warehousemen's Association shall be contingent upon the
amendment of the constitution and bylaws of such association to the
satisfaction of the Administrator on or before February 15, 1934.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
A. D. WHITESIDE,
Division Administrator.
WASHINGTON, D.C.,
January 27, 1934
86420 -313-144----34 (495)












The PRESIDENT,
The White House.
SIR: This is a report of the Hearing on the Code of Fair Competi-
tion for the Merchandising Warehousing Industry, conducted in the
Willard Hotel, on October 27th, 1933. The Code which is attached
was presented by duly qualified and authorized representatives of the
Industry, complying with the statutory requirements, said to represent
80 percent of the space available for merchandise warehousing
purposes.
THE INDUSTRY

The number of firms in this business aggregate 1,420. These
firms utilize approximately 45,000,000 square feet out of a capacity
of 75,000,000 square feet. Approximately 30,000 employees are
affected by this Code.
It is estimated that employment of warehouse labor will be
increased 14 percent by the establishment of the uniform 45 max-
imum hour week proposed by the Code. It is stated that the increase
in weekly pay rolls under the proposed minimum wage will be 7
percent.
PROVISIONS OF THE CODE
The Code provides for a basic work week of 45 hours. The Code
proposes wage rates with differentials established on the basis of
size of city and region. The proposed minimum hourly wage rates
vary from 27.5 to 40 cents. The minimum weekly wage rates pro-
posed for clerical employees range from $13.00 to $15.00.
Under Article IV, Administration, the Code provides for a Code
Authority of 12 members from the Trade and, at the discretion of
the Administrator, three additional members from the government.
The Trade Practice Section of this Code is for the most part a
codification of rules and regulations which have been well established
by the association serving this Trade.

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;
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
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 induc-
ing and maintaining united action of labor and management under
(496)






497

Adequate Governmental sanctions and supervision, by eliminating
unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
, and relieving unemployment by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Trade 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 asso-
ciation is a trade association truly representative of the aforesaid
Trade; and that said association 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, the Code has been approved.
Respectfully,
HUGH S. JOHNSON,
Administrator.
JANUARY 27, 1934.

















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. 1













CODE OF FAIR COMPETITION


FOR THE
MERCHANDISE WAREHOUSING TRADE


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 Merchandise Warehousing Trade, and
shall be the standard of Fair Competition for such trade, and shall
be binding upon every member thereof.

ARTICLE II

The term Merchandise Warehousing Trade", or "Trade", as
used herein, includes the furnishing, for a consideration, of ware-
housing services for goods, wares and/or merchandise, except:
(a) Grain in bulk (grain elevators).
(b) Used household goods and/or used personal effects (house-
hold goods warehouses, parcel rooms, and safe deposit vaults).
(c) Used vehicles (public garages).
(d) Such goods, wares, and/or merchandise as require for their
preservation artificial refrigeration below 45 degrees Fahrenheit-
(cold-storage warehouse).
(e) Warehousing services performed by those who are engaged in
warehousing only agricultural commodities that are grown in their
immediate area.
(f) Such warehousing services as may be required by the Inter-
state Commerce Act to be furnished by common carriers.
The term "employee as used herein includes anyone engaged in
the Merchandise Warehousing Trade in any capacity receiving com-
pensation for his services, irrespective of the nature dr method of
payment of such compensation.
The terms employer ", warehouseman ", or merchandise ware-
houseman ", as used herein include anyone by whom any such em-
ployee is compensated or employed.
The term member of the Trade includes anyone engaged in the
Merchandise Warehousing Trade as above defined, either as an em-
ployer or on his own behalf.
The term Code Authority as used herein means the Merchandise
Warehousing Trade Code Authority, as provided for in Article VI
of this Code.
(498)




.... .. ..


499

SThe terms "President", "Act", and "Administrator" as used
herein shall mean respectively the President of the United States,
S the National Industrial Recovery Act, and the Administrator of said
Act.
: Population for the purposes of this Code shall be determined by
reference to the 1930 Federal Census.

ARTICLE III-HOUns

-SECTION 1. No employee shall be permitted to work in excess of
forty-five (45) hours in any one week or eight (8) hours in any
twenty-four (24) hour period, except as otherwise provided in this
Article.
SEc. 2. The maximum hours fixed in the foregoing section shall
not apply to: (a) Any employee in a managerial or executive capa-
city who receives more than thirty-five dollars ($35.00) per week;
(b) any employee on emergency work, but in any such special case
one and one half (11/) times his hourly rate shall be paid for each
hour worked in excess of eight (8) hours per day or forty-five (45)
hours per week; (c) watchmen, who shall not be permitted to work
in excess of fifty-four (54) hours in any one week or more than six
(6) days in any consecutive seven (7) days.

ARTICLE IV-WAGES

SECTION 1. (a) No warehouse labor shall be paid at less than the
following hourly rates, regardless of whether an employee is com-
pensated on a time rate, piecework or other basis:

Regions (as established in Article VI)

In regions In all other
3 and 7 regions

In cities of more than 500.000 population .--.....--..---.. -------------.------...-- 0.325 $0.40
In cities of 50,000 to 500,000 population ------..--. --..---..------------------- .30 .375
In cities of less than 50,000 population ..----.. -------------- ----------- .275 .35

(b) No office or clerical employee shall be paid at less than the
following weekly rates except office boys (16 to 18 years of age) who
may be compensated at not less than 80% of that amount, provided
that the total number of those so compensated shall not exceed 10%
of the total number of office employees, with a minimum of one:
In cities of more than 500.000 population ------------ $15.00
In cities from 50,000 to 500,000 population---------- 14. 50
In cities of less than 50,000 population-------------- 13. 50
(c) No office or clerical employee engaged on other than a weekly
or'longer employment basis shall be paid at less than forty (40) cents
per hour in any of the Regions established in Article VI.
(d) No employee whose full-time weekly hours, as of July 1,
1938, are' reduced, by reason of the provisions of Article III of this
Code, by less than twenty percent (20%) shall have his full-time
weekly earnings, as of July 1, 1933, reduced. No employee whose


w






500


full-time weekly hours, as of July 1, 1933, are reduced, by reason of
the provisions of Article III of this Code, in excess of twenty per-
cent (20%) shall have his said earnings as of July 1, 1933, reduced
by more than fifty percent (50%) of the amount calculated by mul-
tiplying the reduction in hours by the Code hourly rate.
SEC. 2. Each member of the Trade shall, within thirty (30) days
after the effective date of this Code, effect an equitable adjustment of
all wages above the minimum herein prescribed.

ARTICLE V-GENERAL LABOR PROVISIONS

SECTION 1. Each member of the Trade shall comply with the
following requirements of the National Industrial Recovery Act:
(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 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) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization 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 President.
SEC. 2. No employer shall employ any person under sixteen (16)
years of age.
SEC. 3. Within each State this Code shall not supersede any laws
of such State imposing more stringent requirements on employers
regulating the age of employees, wages, hours of work, or health,
fire, or general working conditions than under this Code.
SEC. 4. Employers shall not reclassify employees or duties of
occupations performed by employees so as to defeat the purposes of
the Act.
SEC. 5. Each employer shall post in conspicuous places full copies
of this Code.
ARTICLE VI-ADMINISTRATION

To further effectuate the policies of the Act, a Merchandise Ware-
housing Trade Code Authority is hereby constituted to cooperate
with the Administrator in the administration of this Code.
SECTION 1. Organization and Constitution of Code Authority.
(a) The Code Authority shall consist of twelve (12) individuals
from the Trade, ten (10) of whom shall be elected by members of
the Trade and two of whom shall be the President and Vice Presi-
dent of the American Warehouseman's Association, Merchandise
Division, or such other number as may be approved from time to
time by the Administrator, to be elected as hereinafter provided,
and of such additional members without vote, not to exceed three
(3), as the Administrator, in his discretion, may appoint to represent
such groups or governmental agencies as he may designate.






501

:: The Executive Committee of the American Warehousemans As-
L sociation, Merchandise Division, shall arrange for the nomination
and election of the Trade members of the Code Authority to be
completed not later than sixty (60) days after the effective date of
S this code. Due and timely notice of such election shall be given to
Small members of the Trade who have complied with the terms of
I: Section 3 of this Article. Each such member of the Trade shall be
entitled to one vote in person or by proxy in the nomination and
S election of the member of the Code Authority for his region. Nomi-
nations and election for each region shall be made in open meeting
by plurality vote of the members of the Trade from the region.'
(b) The regions from which the ten (10) members of the Trade
shall be elected are hereby established as follows:
Region No. 1.-Maine, New Hampshire, Vermont, Massachusetts,
Connecticut, and Rhode Island.
Region No. 2.-New York, Pennsylvania, New Jersey, Delaware,
Maryland, and District of Columbia.
SRegion No. 3.-Virginia, North Carolina, South Carolina, Georgia,
Florida, Alabama, Mississippi, Tennessee, Kentucky, and West
Virginia.
Region No. 4.-Ohio, Indiana, Illinois, Wisconsin (excluding
Superior), and Michigan.
Region No. 5.-Minnesota; Superior, Wisconsin; North Dakota;
South Dakota; and Montana.
Region No. 6.-Missouri, Iowa, Nebraska, and Kensas.
Region No. 7.-Texas, Louisiana, Arkansas, Oklahoma, and New
Mexico.
Region No. 8.-Colorado, Utah, and Wyoming.
Region No. 9.-Washington, Oregon, and Idaho.
Region No. 10.-California, Nevada, and Arizona.
The Chairman shall represent the territorial possessions of the
United States.
(c) The President and Vice-President of the American Warehouse-
men's Association, Merchandise Division, shall be Chairman and
Vice-Chairman respectively of the Code Authority. Pending election
of the other members of the Code Authority as provided for in (a)
of this Section, the President of the American Warehousemen's
Association, Merchandise Division, shall appoint the other ten mem-
bers of the Authority, with the approval of the majority of the
members of the Executive Committee of the American Warehouse-
men's Association, Merchandise Division, and with due regard for
representation of Warehousemen's Associations in each respective
region.
The ten (10) members appointed from the Trade shall serve for not
more than sixty (60) days from the effective date of this Code. The
elected members shall serve for a period of one year. Election of
such members shall be held annually.
(d) Each Trade association directly or indirectly participating
in the selection or activities of the Code Authority shall:
1. Impose no inequitable restrictions on membership, and
a See paragraph 2 of order approving this Code.
36420"-313-144--34-2





502


2. Submit to the Administrator true copies of its articles of asso-
ciation, bylaws, regulations, and any amendments when made thereto,
together 'with such other information as to membership, organiza-
tion, and activities as the Administrator may deem necessary to
effectuate the purposes of the Act.
(e) In order that the Code Authority shall at all times be truly
representative of the Trade and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he may deem proper; and thereafter if he shall find that the Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, he may require an appro-
priate modification in the method of selection of the Code Authority.
(f) The Chairman, Vice Chairman, and Secretary of the Code
Authority shall constitute the Administrative Committee, which
shall exercise such authority and perform such duties as may be
delegated to it by the Code Authority.
(g) The Treasurer of the American Warehousemen's Association,
Merchandise Division, shall serve as the Treasurer of the Code
Authority.
(h) The Executive Secretary of the American Warehousemen's
Association, Merchandise Division, shall serve as the Secretary of
the Code Authority.
SEC. 2. (a) The Code Authority shall have the following duties
and powers to the extent permitted by the Act: to make such rules
and regulations; procure such reports and other information; ap-
point such committees; and employ or designate such agents and
delegate to them such duties and authority, as may be necessary.
(b) If the Administrator shall determine that any action of a
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 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 upon approval by the Administrator.
(c) 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, exercis-
ing reasonable diligence in the conduct of his duties hereunder, be
liable to anyone for any action or omission to act. under this Code,
except for his own willful misfeasance or nonfeasance.
SEc. 3. Members of the Trade 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 members thereof by assenting to
and complying with the requirements of this Code and sustaining
their reasonable share of the expenses of its formulation and adminis-
tration. The Code Authority shall establish, assess and collect from
each subscriber to this Code an initial annual fee, which shall become
applicable and due upon the effective date of this Code, as follows:
$24.00. plus $12.00 for each 10,000 square feet or fraction thereof,
devoted to the conduct of the merchandise warehousing business as






503


defined in Article II, subject to a maximum annual fee of $264.00
for any one merchandise warehouseman.
Due and timely notice shall be sent to every member of the Trade
whose name can be ascertained after diligent search that the require-
ments of this section must be complied with before such member will
be entitled to a vote in the nomination and election of his Trade
member of the Code Authority.
- Adjustments in the amount of fees'may be made from time to
time by the Code Authority, subject to review by the Administrator,
on the basis of capacity, volume of business, and/or such other factors
as may be equitable to be taken into consideration.
ARTICLE VII-CERTIFTCATE OF PARTICIPATION

SECTION 1. Upon payment of the fee prescribed in Article VI,
Section 3, each member of the Trade, shall receive from the Code
Authority a Certificate of Participation, serially numbered, showing
that he is a subscriber to this Code.
SEc. 2. Commencing thirty (30) days after the effective date of
this Code, every warehouse receipt issued by each member of the
Trade shall bear a notation showing his certificate number and
reading: "Subscribed to Merchandise Warehousing Trade Code.
Certificate No. -."
SEC. 3. To further the purposes of Title I of the Act, each mem-
ber of the Trade may otherwise display similar evidence of his par-
ticipation in this Code.

ARTICLE VIII-STANDARDIZATION OF WAREHOUSING TRADE PRACTICES

Each member of the Trade shall post. in a conspicuous place, ac-
cessible to view, the following section:
SECTION 1. The following, the Standard Contract Terms and Con-
ditions, are hereby made a part of this Code of Fair Competition:
"As adopted by unanimous vote by representatives of the shippers,
bankers, railway men, and warehousemen at a general conference,
April 30, 1926, at the Department of Commerce, Washington, D.C.,
and indorsed October 30, 1926, by the Department of Commerce.
SECTION 1. Tender for Storage.-(a) All goods for storage shall
be delivered at the warehouse properly marked and packed for
handling. The storer shall furnish, at or prior to such delivery, a
manifest showing marks, brands, or sizes to be kept and accounted
for separately, and the class of storage desired; otherwise the goods
may be stored in bulk or assorted lots, in freezer, cooler, or general
storage, at the discretion of the warehousemen, and will be charged
for accordingly.
(b) The word lot" as used herein means the unit or units of
goods for which a separate account is to be kept by the warehouse-
man. Delivery of all or any units of a lot shall be made without
subsequent sorting except by special arrangement and subject to a
charge.
(c) The warehouseman undertakes to store and deliver goods only
in the packages in which they are originally received.






504


SEC. 2. Storage period.-(a) All goods are stored on a month-t-
month basis, unless otherwise provided. A storage month shall ex-
tend from a date in one calendar month to, but not including, the
same date of the next and all succeeding calendar months, but if
there be no corresponding date in the next succeeding calendar
month, it shall extend to and include the last day of that month.
When the last day of a final storage month falls on Sunday or a
legal holiday, the storage month shall be deemed to expire on the
next succeeding business day.
(b) Except where other procedure is provided by the warehouse
receipts act, the warehouseman may, upon written notice to the
storer of record and to any other person known by the warehouse-
man to claim an interest in the goods, require the removal of any
goods by the end of the next succeeding month. Such notice shall
be given by delivery in person or by registered letter addressed to
the last known place of business or abode of the person to be notified.
SEC. 3. Insurance, Storage Rates, Expiration, and Transfers.-
(a) All charges for storage are on a month-to-month basis unless
otherwise provided. Charges for any particular lot shall begin at
the receipt of the first unit of that particular lot in store and shall
continue and include the storage month during which the last unit
of the particular lot is delivered. Charges shall be made on the basis
of the maximum number of units in any particular lot in store during
a storage month. All charges for storage are due on the first day
of a storage month, and all other charges are due when incurred.
(b) Instructions to transfer goods on the books of the warehouse-
man are not effective until delivered to and accepted by him, and all
charges up to the time transfer is made are chargeable to the storer
of record. If a transfer involves rehandling the goods, it will be
subject to a charge.
(c) The warehouseman reserves the right to move, at his own ex-
pense of transfer, and upon notice sent by registered mail to the
storer of record and to the last known holder of the negotiable ware-
house receipt, any goods in storage from any room of the warehouse
in which they may be stored to any other of his rooms or warehouses,
but if such storer or holder takes delivery of his goods in lieu of
transfer, no storage charges shall be made for the current storage
month.
(d) When rates are quoted by weight, they will, unless otherwise
specified, be computed on gross weight, and 2,000 pounds shall consti-
tute a ton.
(e) Goods are not insured nor do storage rates include insurance
unless so specified in writing. (Adopted with the understanding
that in any State requiring insurance by statute the words "or re-
quired by statute would be considered a part of the standard terms
and conditions.)
SEC. 4. Handling.-(a) Handling charges cover the ordinary labor
and duties incidental to receiving goods at warehouse door, storing
and delivering to warehouse door, but do not include unloading or
loading of cars, vehicles, or vessels, unless so specified. Handling
charges will be billed with the storage for the first month.






505

(b) Goods, at the request of a storer, received or delivered during
other than usual business hours will be subject to an additional
charge.
SEc. 5. Car Loading and Unloading.-(a) Charges for unloading
or loading of cars include use of switch track, labor required to or
from warehouse door, and billing of car.
(b) Dunnage and fastenings supplied by the warehouseman and
used in loading out cars are chargeable to the storer.
(c) Any additional costs incurred by the warehouseman in unload-
ing cars containing damaged goods are chargeable to the storer.
(d) The warehouseman, unless he has failed to exercise due care
and diligence, shall not be responsible for demurrage, nor for delays
in unloading inbound cars, nor for delays in obtaining cars for
outbound shipments.
SEC. 6. Delivery Requirements.-(a) No goods shall be delivered
or transferred except upon receipt by the warehouseman of complete
instructions properly signed by the storer.
(b) When a negotiable receipt has been issued, no goods covered
by that receipt shall be delivered or transferred on the books of the
warehouseman unless the receipt, properly indorsed, is surrendered
for cancellation or for endorsement of partial delivery thereon.
(c) When goods are ordered out, a reasonable time shall be given
the warehouseman to carry out instructions; and if he is unable, due
to causes beyond his control, to effect delivery before expiring
storage dates, the goods will be subject to charges for another storage
month; except when the warehouseman has given notice in accordance
with the provisions of section 2 (b), or because of fire, acts of God,
war, public enemies, seizure under legal process, strikes or lockouts,
riots and civil commotions, if he is unable, due to causes beyond
his control, to effect delivery before the expiring storage date, the
goods shall be subject to storage charges only for that part of the
month during which the goods remain in store.
SEC. 7. Bonded Stores.-A charge in addition to regular rates
will be made for merchandise in bond.
SEC. 8. Minimnzum Charges.-A minimum charge will be assessed
for storage, handling, and other services.
SEC. 9. Extra Service (a) Extra services in the interest of the
storer, such as special warehouse space, material, drayage, repairing,
coopering, sampling, weighing, repiling, inspection, physical ware-
house checking, compiling stock statements, collections, revenue
stamps, reporting marked weights or numbers, handling railroad
expense bills, etc., are chargeable to the storer.
(b) Stock statements submitted in duplicate by the storer will
be checked with the books of the warehouseman without charge.
(c) Shipping includes marking, tagging, billing, procuring, and
forwarding bills of lading, and is chargeable to the storer.
(d) Freight and other disbursements made on behalf of the storer
are due and payable on demand and subject to interest from date
billed by the warehouseman.
(e) Storers, including holders of negotiable receipts, may, subject
to insurance regulations and reasonable limitations, have access to
their goods in store when accompanied by a warehouse employee
whose time is chargeable to the storer.





....:....
506

SEc. 10. Liab7iity.-(a) The responsibility of a warehouseman,in
the absence of written provisions, is the reasonable care and diligence
required by law.
(b) Perishable goods, or goods which are susceptible to damage
through temperature changes or other causes incident to general stor-
age, are accepted in general storage only at owner's risk for such
damages as might result from general storage conditions.
SEC. 11. Schedule of Charges.-Whenever provision is made in
these standard contract terms and conditions for a charge or charges
by the warehouseman, such charge or charges will conform to the
warehousemen's tariff in effect at the time the charge accrues or the
service is performed, except that no increase in charges within the
direct control of the warehouseman will be made on goods that are
in storage without a 30-day notice mailed to the storer of record or
the last-known holder of a negotiable warehouse receipt.
SEO. 12. (a) The Standard Contract Terms and Conditions desig-
nate each of the following as a separate and distinct warehousing
service:
Handling
Storage
Providing special warehouse space
Supplying material
Repairing or coopering
Sampling
Weighing
Repiling
Inspection
Special physical warehouse checking
Compiling special stock statements
Making collections of money in behalf of customer
Furnishing revenue stamps
Reporting marked weights or numbers
Payment of freight charges in behalf of customer
Shipping
(b) Other separate and distinct warehousing services are:
Drayage
Distribution of pool cars
Providing office space :
Providing office service; special telephone service, invoiciig
for customers, etc.
Providing extra labor
(c) Not to name an adequate and separate rate or charge for
each of the services listed in subsection (a) of this Section 12 when
making quotations, or not assess an adequate rate or charge (whether
or not there is an existing rate or charge) for each of the services
listed in subsections (a) and (b) of this Section 12 when performed,
shall be deemed a violation of this code.
Such adequate rate or charge shall not be less than the lowest
reasonable cost of the most efficient and lowest cost operator in
the locality for the type of service for which the rate or charge is
operative. Such reasonable cost shall comprehend fair and reason-
able rates of pay to labor and include all other items of expense and
overhead as determined by cost-accounting methods recognized tiA






507

the Trade and approved by the Code Authority, subject to the
approval of the Administrator. Such reasonable cost may be ap-
proved or modified in conformity with the meaning of this Section
by the Code Authority after due notice to and hearing for the
members of the Trade in the locality, subject to review and modifi-
cation by the Administrator.

ARTICLE IX-TARIFFS

Within thirty (30) days after the effective date of this Code,
each member of the Trade shall publish, post in a conspicuous place
open to public inspection, and file with the Code Authority a tariff
containing all rates, charges, terms and conditions covering his
warehousing facilities and services, which rates, charges, terms,
or conditions shall not be changed except upon the publication, post-
ing, and filing of a new or supplemental tariff, to become effective ten
(10) days thereafter.

ARTICLE X-INFORMATION AND REPORTS

SECTION 1. Each member of Trade shall keep his records and
books of account in such form as to facilitate furnishing the informa-
tion that the Code Authority may require, subject to the approval of
the Administrator.
SEC. 2. In addition to the information required to be submitted
to the Code Authority, there shall be furnished to government
agencies such statistical information as the Administrator may deem
necessary for the purposes recited "in Section 3 (a) of the Act.
SEC. 3. Information determined by the Code Authority to be of a
confidential nature shall be strictly treated as such by any member
of the Code Authority to whose attention such information may come.

ARTICLE XI-UNFAIR TRADE PRACTICES

The following practices constitute unfair methods of competition
for members of the Trade and are prohibited:
1. To describe the merchandise warehousing business, the method
used, facilities furnished or services rendered, or to quote rates or
charges, or to state terms or conditions, in a manner that is mis-
representative or that has a tendency or capacity to deceive custo-
mers or prospective customers as the true character thereof in any
particular.
2. To offer or make confidential or secret rates, charges, terms,
or conditions, or to offer or make in any manner or by any device
whatever, more advantageous rates, charges, terms, or conditions,
to certain favored customers or prospective customers than are offered
or made to all customers or prospective customers.
3. To defame competitors by falsely imputing to them dishonorable
conduct, inability to perform contracts, questionable credit standing
or by other false representations or by the false disparagement of
the grade or quality of their service.
. 4. To subsidize directly or indirectly, or offer to subsidize, cus-
tomers, or prospective customers, or those representing them, by






508

contributions or subsidies of money, services, or other gratuities
or things of value in the form of rebates, special concessions, pay-
ment of claims for loss or damage known to be fraudulent, or in any
form, for the purpose or with the effect of inducing them to patronize
or deal, or contract to patronize or deal, with the donor or of causing
them to refrain from patronizing or dealing, or contracting to
patronize or deal, with the donor's competitors.
5. To issue or aid in issuing a warehouse receipt when the products
for which such receipt is issued have not been actually received by.
or are not under the actual control of, the one issuing such receipt
at the time of the issuance thereof.
6. To issue or aid in issuing a negotiable warehouse receipt for
stored products of which the one issuing such receipt is owner, either
solely or jointly or in common with others, without stating in said
receipt the fact of such ownership.
7. To deliver part or all of any lot of stored products for which
a negotiable warehouse receipt, the negotiation of which would
transfer the right to the possession of such products, has been issued
and is outstanding and uncanceled, without obtaining the possession
of such receipt, or taking up and canceling the same, or placing a
statement plainly upon it of what products have been delivered,
at or before the time of the delivery of such products, except where
delivery thereof is made pursuant to an order of a court of compe-
tent jurisdiction or in compliance with a sale made to satisfy a lien
thereon.
8. To issue fraudulently or aid in fraudulently issuing a ware-
house receipt for stored products which contains any false statement.
9. To quote or charge a rate that is a departure from his tariff
as provided in Article IX.
10. To use any subterfuge to evade any provisions of this Code,
such as (but without limitation) renting or offering to rent ware-
house space under such terms or conditions as would defeat the pur-
poses of this Code.
Nothing in this Code shall limit the effect of any adjudication by
the Courts or holding by the Federal Trade Commission on com-
plaint, finding, and order, that any practice or method is unfair,
providing that such adjudication or holding is not inconsistent with
any provisions of the Act or of this Code.

ARTICLE XII-MODIFICATION OF THIS CODE

SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provision of Section 10 (b) of the National Industrial Recovery
Act, from time to time to cancel or modify any order, approval,
license, rule, or regulation issued under Title I of said Act, and
specifically, but without limitation, to the right of the President to
cancel or modify his approval of this Code or any conditions im-
posed by him upon his approval thereof.
SEC. It is contemplated that certain specialized branches of
the Trade, by reason of their peculiar characteristics, may require
separate subdivisions of this Code, or subsidiary codes, and that






509


such subdivisions or subsidiary codes not inconsistent with the gen-
eral provisions and intent of this Code may, with the approval of the
Code Authority and of the Administrator, be made a part of this
Code.
SEC. 3. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, such modification to be based upon application to the Ad-
ministrator and such notice and hearing as he shall specify, and to
become effective on approval of the Administrator.

ARTICLE XIII-MONOPOLIES

No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress or discrim-
inate against small enterprises, or to permit or encourage unfair
competition.
ARTICLE XIV-EFFECTIVE DATE

This Code shall become effective on the fourteenth day after its
approval by the President.
Approved Code No. 232.
Registry No. 1715-01.

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