Supplementary code of fair competition for the locomotive manufacturing industry (a division of the machinery and allied...

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Material Information

Title:
Supplementary code of fair competition for the locomotive manufacturing industry (a division of the machinery and allied products industry) as approved on April 30, 1934
Portion of title:
Locomotive manufacturing industry
Physical Description:
8 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:
Locomotive industry -- 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. 1312-07."
General Note:
"Approved Code No. 347--Supplement No. 3."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931677
oclc - 646347782
System ID:
AA00008101:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION




SUPPLEMENTARY
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CODE OF FAIR COMPETITION

FOR THE


LOCOMOTIVE

MANUFACTURING INDUSTRY

,:(A Division of the Machinery and Allied Products Industry)

:i AS APPROVED ON APRIL 30, 1934














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GOVERNMENT PRINTING OFFICE .
WASHINGTON: 1934











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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 COMMERBC
Atlanta, Ga.: 504 Post Office Building.
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Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
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Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
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Houston. Tex.: Chamber of Commerce Building.
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Jacksonville, Fla.: Chamber of Commerce Building.
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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. 347-Supplement No. 3


SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE

LOCOMOTIVE MANUFACTURING INDUSTRY

As Approved on April 30, 1934


ORDER

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE LOCOMOTIVE
MANUFACTURING INDUSTRY
A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY
An application having been duly made pursuant to and in full
compliance with provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Supple-
mental Code of Fair Competition for the Locomotive Manufactur-
ing Subdivision of Machinery and Allied Products Industry, and
hearings having been duly held thereon and the annexed report on
said Supplemental 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
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do fnd that said Supplemental 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 Supplemental Code of Fair Competition be and it is hereby
approved on condition that The Locomotive Institute shall amend
its Articles of Association and By-Laws to the satisfaction of the
Administrator on or before April 27 1934, as provided in the Execu-
tive Order of approval of the Code of Fair Competition for the
Machinery and Allied Products Industry as approved March 17,
1934.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
A. R. GLANCY
Division Administrator.
WASHINGTON, D.C.,
April 30, 1934.
55813"---482179--34-2 (













REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SiR: This is a report on the Supplemental Code of Fair Compe-
tition for the Locomotive Subdivision of the Machinery and Allied
Products Industry, public hearing having been conducted thereon
in Washington, D.C., December 21, 1933, in accordance with the pro-
visions of Title I of the National Industrial Recovery Act.
GENERAL STATEMENT

The Locomotive Institute, being truly representative of this Sub-
division of the Machinery and Allied Products Industry, has sub-
mitted a Supplemental Code of Fair Competition to the Basic Code
for the Machinery and Allied Products Industry, approved by you
March 17, 1934. The Locomotive Industry is a capital goods indus-
try and is engaged in the business of manufacturing and selling loco-
motives of more than 1,200 H.P. per locomotive used for tractive
power on railroads and locomotive parts thereof.

ECONOMIC EFFECT

This Subdivision suffered noticeably from the effects of the De-
pression as follows:
The value of production dropped from $66,870,000 in 1929 to
$2,842,000 in 1933, a decrease of 95.8 percent.
In 1933 factory employment declined 72.6 per cent from 1929.
Factory payrolls in 1929 amounted to $17,994,000 and $1,801,000
in 1933, a decrease of 90 per cent.
In June, 1933, average hours per man per week decreased 38 per
cent from June 1929; total man hours during the same period
decreased 92.4 per cent.
In June, 1933, hourly rates for factory wage earners decreased
21.1 per cent from June, 1929 and weekly earnings decreased 51.1
per cent.
The President's Reemployment Agreement effected substantial in-
creases in employment and payrolls.
An improved outlook is held for 1934 due to the purchase of loco-
motives by railroads out of funds loaned for the purpose, by the
Federal Government.
The Code will increase factory employment over June, 1933 about
4 per cent. Under the conditions estimated to represent normalcy
for the industry, the Code will increase employment about 9 per cent.
The Code will increase factory payrolls over June, 1933, about
1.4 per cent. Office payrolls will be increased about 6.4 per cent.








FINDINGS

S-The Assistant Deputy Administrator in his final report to me on
said Supplemental Code having found as herein set forth and on the
basis of all the proceedings in this matter:
:I find that:
(a) Said Supplemental Code is well designed to promote the pol-
icies and purposes 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 inducing and maintaining united action of labor and
management under adequate governmental sanctions and super-
vision, 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 temporarily required), by increasing the consumption of in-
dustrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by improving stand-
ards of labor and by otherwise rehabilitating industry.
(b) Said Subdivision normally employs not more than 50,000
employees; and is not classified by me as a major industry.
(c) The Supplemental Code as approved complies in all respects
with the pertinent provisions of said Title of said Act, including
without limitation 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 Subdivision of the industry; and that said group imposes
no inequitable restrictions on admission to membership therein.
(d) The Supplemental Code is not designed to and will not permit
monopolies or monopolistic practices.
(e) The Supplemental Code is not designed to and will not elim-
inate or oppress small enterprises and will not operate to discrim-
inate 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
Supplemental Code.
For these reasons, therefore, I have approved this Supplemental
Code; on condition that The Locomotive Institute shall amend its
Articles of Association and By-Laws to the satisfaction of the
Administrator on or before April 27, 1934, as provided in the Exec-
utive Order of approval of the Code of Fair Competition for the
Machinery and Allied Products Industry as approved March 17,
1934.
Respectfully,
HUGH S. JOHNSON,
Administrator.
APRIL 30, 1934.











SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE LOCOMOTIVE MANUFACTURING INDUSTRY

A DIVISION OF THE MACHINERY AND A-LLID PRODUCTS INDUSTRY

ARTICLE I-PURPOSEs

To effectuate the policy of Title I of the National Industrial
Recovery Act, the following provisions are established as a Supple-
mental National Industrial Recovery Code for the Locomotive
Manufacturing Subdivision of the Machinery and Allied Products
Industry, and taken together with the National Industrial Recovery
Code of the Machinery and Allied Products Industry, to which it is
a supplement, shall be the standard of fair competition for this Sub-
division and shall be binding on each employer therein.

ARTnIL II--DEFINITONS
"Applicant" means The Locomotive Institute, the address of which
is 60 East 42nd Street, New York City, New York, a trade organiza-
tion, all members of which are engaged in the manufacture for sale
of products of the Locomotive Manufacturing Subdivision of the
Machinery and Allied Products Industry, which organization is truly
representative of this Subdivision.1
Industry means the Machinery and Allied Products Industry as
defined in its National Industrial Recovery Code as approved by
the President, and as such definition may from time to time be
amended.
Subdivision means the Locomotive Manufacturing Subdivision
of Machinery and Allied Products Industry as defined and set forth
in Article II of the National Industrial Recovery Code of the
Machinery and Allied Products Industry, as follows:
"Locomotive Manufacturing Subdivision means the building
and/or manufacturing for sale and selling of locomotives of more
than 600 horsepower capacity per locomotive used for tractive power
on railroads and/or finished and semi-finished component, repair
and replacement parts thereof and/or therefore, by builders of loco-
motives and/or their affiliated companies; provided, however, that
locomotives propelled by electric motors (including finished and/or
semi-finished component, repair and replacement parts thereof
and/or therefore and used therein) may be built and/or manufac-
tured for sale and sold either by members of this Subdivision under
this Code or by members of the Electrical Manufacturing Industry
under its Code. Locomotives of more than 600 horsepower capacity
but not to exceed 1200 horsepower capacity and/or finished and semi-
finished component, repair and replacement parts thereof and/or
1Bee paragraph 2 of order approving this Code.
(4)





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t::therefor may be built and/or manufactured for sale and sold by the
SSmall Locomotive Subdivision under this Code. 'Horsepower'
in" ans the figure arrived at by multiplying tractive effort (taken at
that speed at which the maximum horsepower will be produced) by
the speed in miles per hour and dividing that result by 375. The term
'affiliated company' as used in this paragraph means a company
whose-relations to another company are such that either one has, di-
rectly or indirectly, a substantial stock interest in the other, or that
a third company has, directly or indirectly, a substantial stock inter-
est in both; provided, however, that in the event of a dispute or
disagreement regarding the term affiliated company as used herein,
such dispute or disagreement shall be referred for decision to an
arbitration committee, elected or appointed by a fair method of
selection. Should any member of this Subdivision desire to appeal
from the decision of said arbitration committee, such member may
appeal direct to the Administrator, whose decision in the matter shall
be final."
: "Products of the Subdivision" means only those articles pro-
duced by the Subdivision as above defined.
Code" means the National Industrial Recovery Code of the
Machinery and Allied Products Industry, as approved by the Presi-
Sdent, and from time to time amended.
"Person" means a natural person, a partnership, a corporation,
an association, a trust, a trustee, a trustee in bankruptcy, a receiver
or other entity.
"Employer" means any person engaged in this Subdivision of
the Industry either on his own behalf or as an employer of labor.
"Employee" means anyone who is employed in the Subdivision
S by any such employer.
S "The Act" means Title I of the National Industrial Recovery
Act.
"The President" means the President of the United States.
"The Administrator" means the Administrator for Industrial
Recovery.
."Basic Code Authority" means the Code Authority for the
Machinery and Allied Products Industry as constituted by the Code.
"Code Authority" means the Code Authority constituted for
this Subdivision, as provided by the Code and by this Supplemental
Code.
"Group Code Authority means the Code Authority for any
group or product classification within this Subdivision constituted
under the authority of Article V of this Supplemental Code.
-ARTICLE III-ADOPTION OF EMPLOYMENT PROVISIONS OF CODE
The following Articles of the Code, viz: Article III, Hours ";
Article IV, Wages and Article V, General Labor Provisions"
are hereby made a part of this Supplemental Code, with the same
effect as if they were written into this Supplemental Code.

ARTICLE IV-ADOPTION o OTHER PROVISIONS OF CODE
The following Articles of the Code, viz: Article VI, "Administra-
tion ", to the extent that it shall be applicable to the administration






of this Supplemental Code as such or as it may hereafter be admin-
istered as an autonomous Code; Article VIII, "Modification and
Termination "; Article IX, "Withdrawal "; Article X, "Monopo-
lies" and Article XI, "Effective Date", are hereby made a part
hereof with the same effect as if they were written into this Sup-
plemental Code.
ARTICLE V-ADMINISTRATION

(a) A Code Authority for this Subdivision is hereby constituted
to administer supervise and facilitate the enforcement of the Code
and of this Supplemental Code in the manner and to the extent
provided in the Code and in this Supplemental Code.
(b) For a period not exceeding sixty (60) days following the
effective date and pending the election of permanent Code Author-
ity, the representatives of the members of Applicant appointed as in
the Articles of Association and By-Laws of Applicant provided, shall
constitute a temporary Code Authority. The Administrator, in his
discretion, may appoint one additional member (without vote and
without expense to the Subdivision).
(c) Temporary Code Authority shall by written notice mailed to
all employers known to temporary Code Authority, call a meeting
of employers to be held within sixty (60) days after the effective
date for the purpose of adopting procedural rules and regulations for
the organization and operation of permanent Code Authority and
electing a permanent Code Authority which shall consist of three (3)
members. Members of permanent Code Authority shall be elected
at such meeting by a plurality of the votes cast threat. Each elec-
tive member of Code Authority shall be an employer or an executive
officer of, or a partner in, an employer qualified to vote hereunder,
but no two elective members shall be officers or representatives of the
same employer, and for that purpose an employer owning more than
two-thirds of the voting capital stock of another employer and that
other employer shall together be considered as one and the same
employer. The Administrator may, in his discretion, appoint one
member (without vote and without expense to the Subdivision) in
addition to those elected as aforesaid. Permanent Code Authority
so elected and appointed shall supersede the temporary Code
Authority.
(d) Any employer shall be entitled to vote at the election of per-
manent Code Authority and at other meetings of employers and
share in the benefits of the activities of Code Authority and may par-
ticipate in any endeavors of Code Authority in the preparation of
any amendments or revisions of, or additions or supplements to this
Supplemental Code by paying or agreeing to pay as and when
assessed his or its proper pro rata share of the cost of preparing,
submitting and administering this Supplemental Code as determined
by Code Authority. The cost of preparing, submitting and adminis-
tering this Supplemental Code shall be borne by the employers en-
titled to vote hereunder pro rata in the proportions that the number
of votes which the respective employers are at the time entitled to
cast bears to the total number of votes which all the employers
entitled to vote are at the time entitled to cast.




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(e) At the meeting held for the election of permanent Code Au-
S thority and at other meetings of employers each employer qualified
to- vote threat shall have and be entitled to cast as many votes as
shall equal the quotient obtained by dividing by 100,000 the
amount in dollars of the yearly average net sales of products of the
Subdivision made by such employer (exclusive of sales made between
employers entitled to vote, either of which owns all the capital stock
of the other) during the five preceding calendar years. Fractions
in such quotient shall be disregarded, provided that each employer
entitled to vote shall have at least one vote. All questions as to the
number of votes which each employer entitled to vote shall be en-
titled to cast at any meeting of employers shall be determined by
Code Authority. At meetings of employers, including the meet-
ing held for the purpose of electing permanent Code Authority, each
employer entitled to vote may vote in person or by proxy duly
executed by such employer and filed with the Secretary of the meet-
ing. At meetings of employers, unless herein otherwise provided,
the concurring vote of employers entitled to cast a majority of all
the votes that might be cast at the meeting if all the employers
entitled to vote were present threat shall be required to carry any
question.
(f) Any employer in this Subdivision shall be eligible for mem-
bership in The Locomotive Institute.
(g) Code Authority may adopt rules and regulations to govern
its procedure and employ such personnel as it may deem necessary.
(h) Employers in this Subdivision having a common interest and
common problems may be grouped by Code Authority for adminis-
trative purposes into various groups or product classifications. There
shall be a Group Code Authority approved or appointed by Code
Authority for each such group or product classification.
(i) If formal complaint is made to Code Authority that provi-
sions of this Supplemental Code have been violated by any em-
ployer Code Authority or the proper Group Code Authority may
cause such investigation or audit to be made, to the extent per-
mitted by the Act, as may be deemed necessary. If such investiga-
tion is made by Group Code Authority it shall report the result of
such investigation or audit to Code Authority for action.
ARTICLE VI-MODIFICATIONS

(a) As provided by Section 10 (b) 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.
(b) The provisions of this Supplemental Code, other than those
required by the Act to be included therein, may, with the approval
of the Administrator, be from time to time amended, revised, added
to or supplemented. Any amendments or revisions of or additions
or supplements to this Supplemental Code proposed by Code Au-
thority and adopted at a meeting of employers by the vote of em-
ployers entitled to cast at least two-thirds of all the votes that
might be cast at a meeting of employers if all the employers then
entitled to vote were present threat, shall be in full force and effect
S upon approval by the Administrator.


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ARTICLE VII-WITHDRAWAL

As provided by Article IX of the Code, upon thirty (30) days
notice to Basic Code Authority and to the Administrator, this Sub-
division may, at a meeting of employers, by the affirmative vote of
employers entitled to cast at least two-thirds of all the votes that
might be cast at such meeting if all the employers then entitled to vote
were present threat, withdraw from the jurisdiction of Basic Code
Authority. Thereafter this Supplemental Code, together with the
provisions of the Code, except such portions of Articles I, II VI and
VII thereof as are not pertinent thereto, as determined by Code
Authority and the Administrator, shall become the Code governing
this Subdivision and Code Authority shall, for this Subdivision,
become the sole Code Authority and shall perform all the functions
thereof with respect to such Code.
ARTICLE VIII-MONOPOLIES

Applicant imposes and shall impose no inequitable restrictions on
membership therein. The Supplemental Code presented by it is not
designed to promote monopoly and shall not be construed or applied
so as to oppress or eliminate small enterprises or discriminate against
them, and is designed to effectuate the policy of the Act.
ARTICLE IX-EFFECTIVE DATE

This Supplemental Code shall become effective and binding on all
employers engaged in the Subdivision on the eleventh (11th) day
after its approval by the Administrator.
Approved Code No. 347-Supplement No. 3.
Registry No. 1312-07.











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