Approved Code No. 3478-Amendment No. 1
Registry No. 1312-04
NATIONAL RECOVERY ADMINISTRATION
AMENDMENT TO SUPPLEMENTARY
CODE OF FAIR COMPETITION
S HOISTING ENGINE
(A Division of the Machinery and Allied Products Industry)
AS APPROVED ON AUGUST 18, 1934
UNIV. OF FL LIB.
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Approved Code No. 347S-Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
HOISTING ENGINE MANUFACTURING
As Approved on August 20, 1934
APPROVING AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COMPEIm-
TION FOR THE HOISTING ENGINE MANUFACTURING INDUSTRY, A
DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY
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 Supplemental Code of the Hoisting Engine Manufac-
turing Subdivision of Machinery and Allied Products Industry,
and the annexed report on said amendment, containing findings
with respect thereto, having been made and directed to the Presi-
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 Pres-
ident, including Executive Order 6543-A, dated December 30, 1933,
and otherwise, do hereby incorporate by reference, said annexed
report and do find that said amendment and the Supplemental
Code as constituted after being amended comply in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act, and do hereby order that said
amendment be and it is hereby approved, and -that the previous
approval of said Supplemental Code is hereby modified to include
an approval of said Supplemental Code in its entirety as amended,
such approval and such amendment to take effect fifteen (15) 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.
BARTON W. MURRAY,
August 18, 1934.
REPORT TO THE PRESIDENT
The White House.
Sni: An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act for an amendment of Article V of the Supplemental Code of
Fair Competition for the Hoisting TEngine Manufacturing Subdivi-
sion of Machinery and Allied Products Industry, by the Code Author-
ity and approved by seventy-five percent of the cooperating employ-
ers of that Subdivision.
In order that the Code Authority for the Hoisting Engine Manu-
facturing Subdivision of Machinery and Allied Products Industry
may establish legal obligation making payment of 'approved Code
Authority assessments for Code Administration mandatory, and that
if such assessments are not paid within reasonable time it may insti-
tute legal proceedings therefore, this Subdivision has-suibmitted and
respectfully requested approval of an amendment whereby -these
purposes may be accomplished.
The Assistant Deputy Administrator in his final report to'me. on
said amendment to said Supplemental 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 Supplemental Code and the Supple-
mental Code as amended are well designed 'to promote the policiess
'and purposes of Title I of the National Industrial Reeovery 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'organi-
zation of industry for the 'purpose of cooperative action amongg
trade groups, by -inducing and maintaining united action of 'labor
-and management under adequate governmental sanction 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 industrial'and agricultural products through increasing purchas-
ing power, by redneing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) The Supplemental Code as amended complies in all respects
with the pertinent provisions of said Title (f said Act, including
without limitation Subsection (a) of Section 3. Subsection (a) of
Section 7 and Subsection (b) of Section 10 thereof.
(c) The Hoisting Engine Manufacturers Association was and is
a trade association truly representative of the aforesaid Subdivision
and that said association imposed and imposes no inequitable restric-
tions on admission to membership therein and has applied for or
consents to this amendment.
(d) The amendment and the Supplemental Code as amended
are not designed to and will not permit monopolies or monopolistic
(e) The amendment and the Supplemental Code as amended are
not designed to and will not eliminate or oppress small enterprises
rand will not- opemnte-to dis-ariminate..4gainstitiem.
,(f) 'Those engaged in other steps of -the economic process have
-not been deprived of the right to be heard prior-to approval of
For these reasons, therefore, I have approved this amendment
to become effective fifteen, (15) daysifrom.the.date of the Order un-
less.good cause to the contrary is shown to me. before that tnie and I
issue a subsequent order:to that effect.
HUGH S. JOHNSON,
AUGUST 18, 1934.
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COM-
PETITION FOR THE HOISTING ENGINE MANUFAC-
TURING INDUSTRY, A DIVISION OF THE MACHINERY
AND ALLIED PRODUCTS INDUSTRY
The following is an Amendment to supersede section (d) of Arti-
cle V-Administration, of the Supplemental Code of Fair Competi-
tion for the Hoisting Engine Manufacturing Industry:
(d) 1. It being found necessary, in order to support the adminis-
tration of this Supplemental Code and to maintain the standards of
fair competition established hereunder and to effectuate the policy
of the Act, the Code Authority is authorized:
(aa) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Supplemental Code.
(bb) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by employers of the
(cc) After the budget and basis of contribution have been
approved by the Administrator, to determine and obtain equitable
contribution, as above set forth, by all employers of the Subdivision,
and to that end, if necessary, to institute legal proceedings therefore
in its own name.
2. Each employer of the Subdivision shall pay his or its equi-
table contribution to the expenses of the maintenance of the Code
Authority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only employers of the Subdivision complying with the Code and
contributing to the expenses of its administration as hereinabove
provided, unless duly exempted from making such contributions,
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
3. The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator; and no subsequent
budget shall contain any deficiency item for expenditures in excess
of prior budget estimates, except those which the Administrator
shall have so approved.
Approved Code No. 3478-Amendment No. L
Registry No. 1312-04.
UNIVERSITY OF FLORIDA
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