NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
TIMBER PRODUCTS INDUSTRY
AS APPROVED ON MARCH 30, 1934
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Approved Code No. 9---Amendment No. 6
Registry No. 313-1-06
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Approved Code No. 9-Amendment No. 6
AMENDMENT TO CODE OF FAIR COMPETITION
LUMBER AND TIMBER PRODUCTS INDUSTRY
As Approved on March 30, 1934
APPROVING AMENDMENTS OF CODE OF FAIR COMPETITION FOR THE
LUMBER AND TIMBER 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 16th, 1933, for approval of amend-
ments to the Code of Fair Competition for the Lumber and Timber
Products Industries, and hearing having been held thereon and the
annexed report on said amendments, 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 number 6543-A, dated December
30th, 1933, and otherwise, do hereby incorporate by reference said
annexed report and do find that said amendments and the 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 do hereby order that said amendments
be and are hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety, as amended; provided that:
1. This approval and said amendments shall not become effective
for a period of fifteen (15) days after the date hereof, in order that
consideration may be given the objections thereto, if any, of inter-
ested parties; at the expiration of such period this Order shall be-
come effective unless I, by my further order, otherwise determine.
2. Within ninety (90) days after the date hereof, the Railway
Tie Association and the Lumber Code Authority shall make further
study and investigation with a view to determining whether the con-
stitution of the Coordinating Committee and the Subdivision Admin-
istrative Agencies of the Railroad Cross Tie Division are truly rep-
resentative of the Railroad Cross Tie Division in the respective
Districts and shall report to me the results of such studies and such
other information as I may request prior to the expiration of such
ninety day period; and
3. Within one hundred twenty (120) days after the date hereof the
constitution of the Coordinating Committee and the Subdivision
Administrative Agencies shall be reviewed by me and may be
modified by my further order, if I should determine that such Com-
mittee and Agencies are not truly representative and in other respects
do not comply with the provisions of the National Industrial
HUGH S. JOHNSON,
Admn.inistrator For Industrial Recovery.
A. R. GLANCY,
March 30, 1934.
REPORT TO THE PRESIDENT
The White House.
SIR: On August 19, 1934, you approved a Code of Fair Competi-
tion for the Lumber and Timber Products Industries.
This is a report on a Hearing on Amendments No. 38, 39, 40 and
41 to that Code, conducted in the Oak Room of the Raleigh Hotel,
on February 2, 1934. The Amendments contemplate the establish-
ment of a Railroad Cross Tie Division of the Lumber and Timber
Products Code, and were presented by representatives of the cross
tie industry said to represent fifty percent of the volume of wooden
railroad cross ties manufactured and distributed in the United
In 1928 approximately 53,000 workers were employed in the rail-
road cross tie industry and the sales for that year were estimated at
85,000,000 ties. In 1933 the production was estimated at 40,000,000
ties and only 30,000 men were employed in the production processes.
Accurate in-formation concerning the minimum wages now paid in
the industry is missing, but the evidence indicates that minimum
wage scales have been decreased to a level insufficient to maintain
decent standards of living. The Amendments correlate the wages
and hours of those employed in the cross tie industry with those who
are engaged in similar occupations now under the jurisdiction of the
Lumber and Timber Products Code. The Amendments will also
make subject to the conservation provisions of the Lumber and Tim-
ber Products Code many wood lots that are now exempt. The ad-
ministrative agencies for this Division are organized in accordance
with geographical and specie divisions.
The Deputy Administrator in his final report to me on said
Amendments 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 Amendments 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
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 trade groups, by inducing and
maintaining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restrictions of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
(b) The Amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(c) The Amendments 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.
(d) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
(e) The evidence intended to show that the representatives of
the industry submitting the Amendments and the administrative
agencies established by the Amendments are truly representative of
the manufacture of wooden railroad cross ties is not conclusive, and a
final determination cannot be made until additional statistical data
For these reasons, the Amendments have been approved for a trial
period of one hundred twenty days, during which time the industry
shall submit to me such reports and information as I may request in
order to obtain facts and evidence from which a final determination
of the representative character of the administrative agencies
established by these Amendments can be made.
HUGH S. JOHNSON,
MARCH 30, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE LUMBER AND TIMBER PRODUCTS INDUSTRY
AMENDMENT NUMBER 38: In Article VII, Subsection (d) at the
end of the paragraph headed Western Pine after the line South
of 38 deg. North latitude ----24 ", add the following:
Railroad Cross Tie-----The minimum wage in this Division
shall be not less than that hereinabove specified for employees in
other Divisions and Subdivisions of this Code in the same region or
locality performing work similar to that performed by employees in
AMENDMENT NUMBER 39: In Schedule A at the end of Section 38,
add the following new Subsection:
39. RAILROAD CROSS TIE DIVISION
"Division-(Article II (c)): The Railroad Cross Tie Division
consists of manufacturers and distributors of railroad cross ties.
Products-(Article II (a)) : Railroad cross ties of all species of
wood, either sawed or hewn, but excepting the preservative treatment
of railroad cross ties.
"Administrative Agencies-(Article III):
"(a) Subdivisions.-The Railroad Cross Tie Division shall be
composed of the following subdivisions:
"District No. 1. Northeastern Subdivision, which includes the
States of Maine, Vermont, New Hampshire, Massachusetts, Con-
necticut, Rhode Island, New Jersey, New York, Delaware and
"District No. 2. North Central Subdivision, which includes the
States of Indiana, Ohio and Illinois.
"District No. 3. Appalachian Subdivision, which includes the
States of Maryland #1, Virginia #1, West Virginia, North
Carolina #1, Kentucky #1, South Carolina #1, Tennessee #1 and
"District No. 4. Northern Subdivision, which includes the States
of Michigan, Wisconsin, Minnesota, North Dakota, Nebraska and
"District No. 5. Southern Subdivision, which includes the States
of Arkansas, Missouri, Oklahoma, Maryland, #1, Virginia #1,
Texas, Georgia #1, Florida, North Carolina #1, Kentucky #1,
Alabama, Louisiana, Mississippi, Kansas, South Carolina #1 and
"District No. 6. Western Subdivision, which includes the States
of Idaho, Montana, Wyoming, Utah, Colorado, Nevada, New Mexico
"District No. 7. West Coast Subdivision, which includes thI
States of Washington, Oregon and California.
NOTE #1.-States designated #1 are in two Districts. Group 8
includes Appalachian Territory and Group 5 includes Southern
Hardwood Subdivision as defined in this Code.
(b) Subdivision Administrative Agencies.-The Subdivision Ad-
ministrative Agencies in the respective subdivisions for each District
shall consist of a committee of three (3) members in Districts num-
ber 1,.2, 4, 6, and 7 and a committee of six (6) members in Districts
number 3 and 5. In Districts number 1, 2, 4 and 6, one member of
each committee shall be selected by members of the Railway Tie
Association in each such District; two members shall be elected by
manufacturers and distributors of railroad cross ties in each such
District who are not members of the Railway Tie Association; such
elections to be conducted within twenty days after the effective date
hereof by the appropriate division or subdivision agency or agen-
cies of the Lumber Code Authority in the same region or locality, pro-
"(1) In Districts number 3 and 5 the Subdivision Administrative
Agencies shall consist of six (6) members, four of whom shall be
selected by the members of the Railway Tie Association in each
District, and two of whom shall be elected by manufacturers and
distributors of railroad cross ties in each District who are not mem-
bers of the Railway Tie Association; such elections to be conducted
within twenty days after the effective date hereof by the appropriate
Division or Subdivision Agency of the Authority in the same region
(2) The Subdivision Administrative Agency in District num-
ber 7 shall consist of three (3) members, all of whom shall be elected
by manufacturers and distributors of railroad cross ties in that Dis-
trict who are not members of the Railway Tie Association; such
election to be conducted within twenty days after the effective date
hereof by the appropriate Division or Subdivision Agencies of the
Authority in the same region or locality;
"(c) Railroad Cross Tie Coordinatzng Committee.-A Railroad
Cross Tie Coordinating Committee shall be established by the above
Subdivision Administrative Agencies as follows:
Six (6) members of the Coordinating Committee shall be elected
by fair and reasonable methods by manufacturers and distributors
of railroad cross ties in Districts number 3 and 5, five of whom shall
be members of the Railway Tie Association and one of whom shall
be a non-member of the Railway Tie Association; one member shall
be selected by the Administrative Agency for the District number 7;
one member shall be selected by the Administrative Agency for
District number 1; 2 members shall be selected by the Administrative
Agency for District number 6, one of whom shall be a member of
the Railway Tie Association and one of whom shall be a non-member
of the Railway Tie Association; and the Administrative Agencies
of Districts number 2 and 4 shall jointly select one member who shall
be a non-member of the Railway Tie Association.
(d) The Coordinating Committee is authorized to make such
rules and regulations as may be necessary to administer the Code in
this Division and may designate and authorize such agencies as may
be necessary for this purpose.
"(e) The provisions of Articles VIII and IX of this Code shall
not be operative with respect to any subdivision of this Division
until such time as the Administrative Agency for that subdivision
shall have made application to and secured the approval of the
Authority. Until such time as the Coordinating Committee is duly
organized an application for the operation of Articles VIII and IX
may be made by the subdivision Administrative Agency direct to
AMENDMENT NO. 40: In Article XVI add:
Subsection (d). The provisions of Schedule B shall be inoper-
ative with respect to the Railroad Cross Tie Division until such
time as the Coordinating Committee of that Division shall submit
and secure the approval of appropriate rules of fair trade practice
for that Division."
AMENDMENT NO. 41: In Schedule A, in the section headed Hard-
wood Division ", in the paragraph defining Products ", strike out
" sawn ties."
Approved Code No. 9-Amendment No. 6.
Registry No. 313-1-06.
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