NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON APRIL 20, 1935
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Approved Code No. 223-Amendment No. 2
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Approved Code No. 223-Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
CONSTRUCTION MACHINERY DISTRIBUTING
As Approved on April 20, 1935
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE CON-
STRUCTION MACHINE ERY DISTRIBUTING TRADE
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 an amend-
ment to the Code of Fair Competition for the Construction Machin-
ery Distributing Trade, and the annexed report on said amendment,
containing findings with respect thereto, having been made and
directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order Number 6859, dated September 27, 1934, and other-
wise, does hereby incorporate by reference, said annexed report and
does find that said amendment and that Code as constituted after
being amended comply in all respects with the pertinent provisions
and will promote the policy and purposes of said Title of said Act,
and does hereby order that said amendment be and it is hereby
approved, and that the previous approval of said Code is hereby
amended to include an approval of said Code in its entirety as
amended, such approval and such amendment to take effect twenty
(20) days from the date hereof, unless good cause to the contrary
is shown to the National Industrial Recovery Board before that time
and a subsequent order to that effect is issued.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Admbninstrative Officer,
HARRY C. CARR,
A citing Division Administrator.
WASHINGTON, D. C.,
April 20, 1935.
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on an amendment to the Code of Fair Com-
petition for the Construction Machinery Distributing Trade. This
amendment was proposed in accordance with Article X, Section 2
of the Code, approved January 23, 1934.
This amendment to the Child Labor Provisions of the Construc-
tion Machinery Distributing Trade is the standard clause on haz-
ardous occupations and is in accordance with the accepted policy of
the National Recovery Administration. It provides that the Code
Authority shall submit to the National Industrial Recovery Board a
list of such operations or occupations within thirty days after the
approval of this amendment.
The Deputy Administrator in his final report to the National In-
dustrial Recovery Board on said amendment to said Code having
found as herein set forth and on the basis of all the proceedings in
It finds 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 wel-
fare by promoting the organization of industry for the purpose of
cooperative action of labor and management under adequate govern-
mental sanction 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 temporarily required), by increasing
purchasing power, by reducing and relieving unemployment, by im-
proving standards of labor, and by otherwise rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provision of said title of said act, including without limitation
sinlsection (a) of section 3, subsection (a) of section 7 and subsection
(b) of section 10 thereof.
(c) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(d) The anilenilnent 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.
(e) Those engaged in other steps of the economic proce-s have
not lbein deprived of the right to be heard prior to approval of said
For these reas-ons, this aniendmient has bleen approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
APRIL 20, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE CONSTRUCTION MACHINERY DISTRIBUTING
Amend Article V, Section 1 to read as follows:
"No person under sixteen (16) years of age shall be employed in
the Trade, nor anyone under eighteen (18) years of age at opera-
tions or occupations hazardous in nature or detrimental to health.
The Code Authority shall submit to the National Industrial Recov-
ery Board for approval within thirty (30) days after the approval
of this Amendment a list of such hazardous operations or occupa-
tions. 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 issued by the Authority in such State empowered to
issue employment or age certificates or permits showing that the
employee is of the required age."
Approved Code No. 223-Amendment No. 2.
Rtegistry No. 1399-17.
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