Code of fair competition for the household goods storage and moving trade as approved on April 19, 1934 by President Roo...

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Material Information

Title:
Code of fair competition for the household goods storage and moving trade as approved on April 19, 1934 by President Roosevelt
Portion of title:
Household goods storage and moving trade
Physical Description:
p. 349-366 : ; 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:
Storage and moving trade -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1715-14."
General Note:
"Approved Code No. 399."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931108
oclc - 645479585
System ID:
AA00008336:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION





CODE OF FAIR COMPETITION

FOR THE


HOUSEHOLD GOODS

STORAGE AND MOVING TRADE


AS APPROVED ON APRIL 19, 1934
BY

PRESIDENT ROOSEVELT


I !


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


r by the Sueriendent Documents. Washington. D.CPrice cents
For sale by the Suoprinlpndent of Documents. Washineton, D.C. - Price 5 cents


*f:c .. .:.


IApproved Code No. 399


Registry No. 1715-14


























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, Alh.: 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.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 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.













Approved Code No. 399


CODE OF FAIR COMPETITION
FOR THE

HOUSEHOLD GOODS STORAGE AND MOVING
TRADE

As Approved on April 19, 1934
BY
PRESIDENT ROOSEVELT


EXECUTIVE ORDER

CODE OF FAIR COMPETITION FOR THE HOUSEHOLD GOODS STORAGE AND
MOVING 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 my approval (if a Code
of Fair Competition for the Household Goods Stcrage & Moving
Trade, and hearings having been held thereon, and the Administra-
tor having rendered his report containing an analysis of the said
Code of Fair Competition, together with his recommendations and
findings with respect thereto, and the Administrator having found
that the said Code of Fair Competition complies in all re-perts with
the pertinent, provisions of Title I of said Act, and that the require-
ments of clauses (1) and (2) of subsection (a) of Section 3 of -aid
Act have been met:
NOW, THEREFORE, I, Franklin D. Roosevelt, Pres-ident of
the United States, pursuant to the authority' vested in me by Title
I of the National Industrial Recovery Act, approved June 16, 1933,
and otherwise, do approve the report and recommendations and
adopt the findings of the Administrator and do order that the said
Code of Fair Competition be and it is hereby approved; provided,
however, that the provisions of Article VII, Section 1, insofar as
they prescribe a waiting period between the filing with the Adminis-
trative Boards and the effective date of revised price lists or revised
terms and conditions of sale be and they are hereby stayed pending
further order by t.he Administrator either within a period of sixty
(60) days from the effective date of this Code or after the comple-
tion of a study of open price associations now being conducted by
the National Recovery Administration; and provided further it. is
53919--482-113-34-1 (349)




w


350

understood that Article II, Section 1, taken in conjunction with
Article II, Section 1 of the Code of Fair Competition for the Truck-
ing Industry, is interpreted to mean that the question to be considered
at the public hearing to be held prior to June 15, 1934,4is whether or
not vehicles engaged in the transportation of used household goods
or used office furniture and equipment are to be included wholly or
partly in the Code of Fair Competition for the Trucking Industry
or wholly or partly under this Code; and provided further that the
provisions of Article II, Section 1(c) shall be stayed pending the
public hearing to be held prior to June 15, 1934, and pending my
further order.
FRANKLIN D. ROOSEVELT.
Approval recommended:
HUaH S. JOHNSON,
A dminiistrator.
THa WHITE HousE,
April 19, 1934.














LETTER OF TRANSMITTAL


The PRESIDENT,
The White House.
SIR: The hearing on the Code of Fair Competition for the House-
hold Goods Storage and Moving Trade was held at the Mayflower
Hotel on January 18, 1934. The Code which is attached was pre-
sented by duly qualified and authorized representatives of the Trade,
complying with statutory requirements, said to represent. 80"' of
the Trade by munber and volume. In accordance with the cus-
tomary procedure, everyone present who had filed a request for an
appearance was freely heard in public and all statutory and regu-
latory requirements were complied with.

THE TRADE

The Trade in 1933 had an investment of about 201) million dollars
and did an annual business of approximately 115 million dollars.
This represents a decrease in volume of about 50%'. from the 1929
level due to depressed economic conditions existing. It is con-erva-
tively estimated that in 1933 the Trade employed about 60.jIm)
workers as against nearly twice that number in 19029. The Trule's
payroll in 1933 amounted to about GO million dollars.
The weekly hours prescribed in the Code represent a decrea-e of
over 15C'; and in some cases as high as '2.5, and it i, estimated that
the Code will increase employment about t210'c. In many parts of the
country the minimum rates of pay prescribed by the Code wil ri-iilt
in material financial benefit to a large number of emplolyee-.
PROVISIONS OF THE CODE

Hours.-The Code provides a 48-hour week with overtime for all
hours worked in excess of eight hours per day, for all inside plant
employees. Drivers and helpers on vehicles engaged in moving oper-
ations are limited to an average of 48 hours per week. The averag-
ing provision is a limited one necessary to the proper conduct of the
business. In local moving overtime shall be paid after eight hours
per day, and in long distance moving overtime shall be paid after
48 hours per week. (lerical and office employees are limited to 40
hours per week; watchmen are limited to 56 hours per week. No
employee may work more than six days out of seven, except drivers
and helpers on vehicles engaged in long distance moving, who may
work not more than 12 days in any 14 day period, and except em-
ployees engaged in an executive or managerial capacity receiving
$35 or more per week in the North or $30 or more per week in the
South.
Wa'qes.-A minimum rate of $15.00 per week has bken established
for office employees and watchmen. Minimum wage rates have been
(351)







352

established for all other employees (except long distance drivers and
helpers) according to regions, and in most regions these rates are 40
cents or 45 cents. In a few regions the rate is higher, and in some of
the southern states the rates are 30 cents or 35 cents. A minimum
rate of 45 cents per hour in the North and 35 cents per hour in the
South has been established for drivers and helpers on vehicles en-
gaged in long distance moving.
The Code provides that no employee shall have his normal full
time weekly earnings reduced if his hours are not reduced more
than 15%. If his hours are reduced more than 15%, then his wages
may be reduced by only one-half the hourly rate for any hours
in excess of the 15%.
Industrial relations.-A National Industrial Relations Board has
been established consisting of an equal number of representatives of
employers and representatives of employees, and this Board may
appoint regional and local Industrial Relations Boards similarly
constituted.
Administration.-The Administrator shall appoint a temporary
Code Authority, which shall then arrange for the election by mem-
bers of the Trade of a new National Code Authority and all local
and regional Administrative Boards.
Trade practices.-Trade Practices have been incorporated into
the Code which will help to stabilize the Trade, and certain unfair
trade practices which have worked harm to the Trade have been
prohibited.
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 thie National Industrial Recovery Act, includ-
ing removal of obstructions to the free flow of interstate and for-
eign 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 supervi-
sion, 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 purchasing
power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) The Code as approved complies in all respects with the per-
tinent 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 associa-
tion is a trade association truly representative of the aforesaid
trade; and that said association imposes no inequitable restrictions on
admission to membership therein.





"..":

353

(c) The Code is not designed to and will not permit monopolies
or monopolistic practices.
S(d) The Code is not designed to and will not elimin'ite or oppress
small enterprises and will not operate to discriminate against them.
(e) Those engaged in other steps of the economic process have
Snot been deprived of the right to be heard prior to approval of said
Code.
Accordingly, I hereby recommend the approval of the Code of
Fair Competition for the Household Goods Storage and Moving
Trade.
Respectfully,
HUGH S. JOHNSON,
A dmii ist rat or.
APRIL 14, 1934.














CODE OF FAIR COMPETITION FOR THE HOUSEHOLD
GOODS STORAGE AND MOVING TRADE

ARTICLE I-PURPOSE

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 Household Goods Storage and Moving
Trade, and shall be the standard of fair competition for such Trade
and shall be binding upon every member thereof.

ARTICLE II-DEFINITIONS

1. (a) The term Trade as used herein includes the furnishing
for a consideration of any or all of the services of storing or packing
of used household goods or used office furniture and equipment and
such other services incidental thereto as are customarily performed
by those engaged in performing such storing or packing services,
or moving (local or long distance) of used household goods or used
office furniture and equipment over publicly used roadways or within
or between buildings, provided that vehicles not engaged principally
in the transportation of used household goods or used office furniture
and equipment shall be exempted, except as otherwise in this Article
provided, from all the provisions of this Code, pending a Public
Hearing and determination by the Administrator on a date to be
set by him prior to June 15, 1934.
(b) The aforesaid exemption provided in this Article shall apply
to vehicles not principally engaged in transportation of used house-
hold goods or used office furniture and equipment, even though they
may haul used household goods or used office furniture and equip-
ment, if the revenue derived from such transportation of used house-
hold goods or used office furniture and equipment is less than ninety
(90) per cent of the total revenue derived through such vehicles.
The percentage of revenue derived through each vehicle shall be
determined as of the last six months of the calendar year 1933, or if
not operated during that entire period, during the first six months
of the operation of the vehicle, or in the event that the vehicle has
been operated less than six months, during the total period of its
operation.
(c) The exemption provided in this Article is granted on the
express condition that when an exempted vehicle hauls a van load
of used household goods or used office furniture and equipment, from
or in any area where a member of this Trade operates vehicles sub-
ject to all the provisions of this Code the operator of such exempted
vehicle shall not charge a rate for the service rendered less than
the lowest rate on file with the Code Authority or appropriate
(354







355


Administrative Board of this Trade for similar service in the par-
ticular locality.1
(d) At the hearing provided for above, evidence shall be pre-
sented to the Administrator and he shall thereafter make a determina-
tion in respect to the modification or extension in whole or in part
of such exemption provided for in this Article. Said determination
by the Administrator shall become effective as a part of this Code.
(e) Each vehicle transporting used household goods or used office
furniture and equipment, not exempted under the terms of this
Article, shall be registered with the Code Authority for this Trade
or with the Code Authority for the Trucking Industry in such form
and manner as may be prescribed by the Administrator and such
registration shall contain a statement of the percentage of the total
revenue derived from the transportation of used household goods or
used office furniture and equipment during the last six months of the
calendar year 1933, or if the vehicle was not operated during that
entire period, during the first six months of operation, or in the
event that the vehicle has been operated less than six months, during
the total period of its operation.
(f) The Code Authority shall appoint two representatives who,
with two representatives similarly appointed by the Code Authority
of any related trade or industry, shall have the power to review and
adjust all differences of the jurisdiction of this Code, subject to the
approval of the Administrator, and if they are unable to agree, the
matter shall be referred to and determined by the Administrator.
(g) The authorized representatives of the Code Authority of the
Trucking Industry shall have access to the registration lists of this
Trade, provided reciprocal authority is granted to the Code Authority
of this Trade to have access to the registration lists of that Industry.2
2. The term "employee", as used herein, includes any person
engaged in any phase of the Trade in any capacity, however com-
pensated, except a.member of the Trade.
3. The term employer ", as used herein includes any one in the
Trade by whom any employee is compensated or employed.
4. The term member of the Trade ", as used herein, includes,
but without limitation, any individual, partnership, association, cor-
poration or other form of enterprise engaged in the Trade, either as
an employer or on his or its own behalf.
5. The term clerical and office employee ", a., used herein, means
any employee engaged in the office of a member of the Trade.
6. The term watchman ", as used herein, means any employee
principally engaged in watching plants, property and..'or plant
equipment.
7. The term "dispatcher ", as used herein, means any person
whose principal function is routing and checking the movement
of vehicles from the warehouse or garage.
8. The term "employee engaged in an executive or managerial
capacity", as used herein, means any employee responsible for the
management of a business or of a recognized subdivision thereof.
9. The term "storage as used herein, means the following serv-
ices: the maintenance and operation of warehouse facilities for used
I Stayed-See paragraph 2 of order approving this Code.
See paragraph 2 of order approving this Code.
53919--482-113-34-2







356


household goods or used office furniture and equipment, and sueh
other facilities as are incidental thereto. &
10. The term local moving ", as used herein, means all moving
within a radius of sixty (60) miles from the recogied center of
any town or city until such time as the Administrator on recom-
mendation of the National Industrial Relations Board shall deter-
mine otherwise.
11. The term "long distance moving ", as used herein, means all
moving beyond a radius of sixty (60) miles from the recognized
center of any town or city until such time as the Administrator on
recommendation of the National Industrial Relations Board shall
determine otherwise.
12. The term local moving division ", as used herein, means f
the members of the Trade engaged in local moving.
13. The term long distance division ", as used herein, means the
members of the Trade engaged in long distance moving.
14. The term Storage division ", as used herein, means the mem-
bers of the Trade engaged in storage.
15. The term "division ", as used herein, means the members of
the Trade engaged in the classes enumerated in Section 12, 13 and
14 of this Article.
16. The terms President", "Act ", and "Administrator ", as used
herein, means respectively the President of the United States, Title
I of the National Industrial Recovery Act, and the Administrator
for Industrial Recovery.
17. Population for the purposes of this Code shall be determined
by reference to the 1930 Federal Census.
18. The South is hereby defined to include Virginia, North Caro-
lina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mis-
sissippi, Arkansas, Louisiana, Oklahoma, Texas, Kentucky and New
Mexico.
19. The North is hereby defined to mean the remaining portion of
the United States not included in the South.
20. The term National Industrial Relations Board", as used
herein, means the National Industrial Relations Board for this Trade,
as established in Section 13 of Article V of this Code.
21. For the purpose of administering this Code of Fair Competi-
tion for those engaged in the Trade as described in Section 1 of
this Article, the United States shall be divided as follows:
Region No. 1-Maine, New Hampshire, Vermont, Massachusetts,
Rhode Island and Connecticut.
Region No. 2-New York City (except Staten Island), West-
chester County and Long Island.
Region No. 3-New York State (except Region No. 2), New Jersey,
Pennsylvania and Delaware.
Region No. 4-Maryland, District of Columbia and West Virginia.
Region No. 5-North Carolina, Virginia, Kentucky and Tennessee.
Region No. 6-Zone A: Alabama, Mississippi, the City of New
Orleans (Louisiana), South Carolina and Georgia; Zone B: Florida.
Region No. 7-Ohio, Indiana, Michigan, Wisconsin (except City
of Superior, Wisconsin) and Illinois (except the Metropolitan Dis-
trict of Chicago).





*.i






357


Region No. 8-The Metropolitan District of Chicago, bounded
as follows: On the east by Lake Michigan; On the south by 147
Street; on the west bounded by a line drawn from Wheaton to
Downers Grove including the suburbs of Addison, Bellwood, Ber-
wyn, Blue Island, Downers Grove, Elmhurst, Glen Ellyn, Hinsdale,
LaGrange, Lombard, Maywood, Melrose Park, Oak Lawn, Oak Park,
River Forest, Riverside, Argo, Summit, Western Springs, Wheaton,
Willow Springs, Westmont, Villa Park, Brookfield, Cicero; North-
ern boundary to and including Waukegan.
Region No. 9-Minnesota, North Dakota, South Dakota, and City
of Superior, Wisconsin.
Region No. 10-Iowa, Missouri, Kansas and Nebraska.
Region No. 11-Oklahoma, Texas, New Mexico, Arkansas, and
Louisiana, except the City of New Orleans.
Region No. 12-Wyoming, Montana, Colorado and Utah.
Region No. 13-Idaho, Washington and Oregon.
Region No. 14-Zone A: Nevada, California; Zone B: Arizona.
ARnTICE III-HOURs
1. Except as hereinbelow expressly provided otherwise:
(a) No employee engaged in clerical or office woik, except one
dispatcher for each member of the Trade and one additional dis-
patcher for each additional warehouse or garage, from which dis-
patching is actually done, shall be permitted to work in excess of
forty (40) hours in any one (1) week nor more than six (6) days
in any seven (7) day period.
(b) No other employee, except an employee engaged as a driver
or helper on a vehicle engaged in local or long-distance moving, shall
be permitted to work in excess of forty-eight (48) hours in any
one week, nor more than six (6) days in any seven (7) day period.
All hours worked in excess of eight (8) hours in any one day shall
be compensated for by the employer at the rate of time and one
third (11/3).
(c) No driver or helper on a vehicle engaged in local moving shall
be permitted to work in excess of ninety-six (96) hours in any con-
secutive two (2) week period, nor more than six (6) days in each
seven (7) day period. All hours worked in excess of eight (8) hours
per day by a driver or helper shall be considered overtime and shall
be compensated for at not less than the straight time of such driver
or helper for the first two (2) additional hours, and at not less than
the rate of time and one third (11,) for all hours thereafter. All
hours worked in excess of forty-eight (48) hours in any one (1)
week shall be compensated for at the rate of time and one third
(1).
(d) No driver, or helper, on a. vehicle engaged in long-distance
moving shall be permitted to work in excess of one hundred eight
(108) hours in any consecutive two (2) week period, nor one
hundred ninety-two (192) hours in any consecutive four (4) week
period, nor more than twelve (12) days in any fourteen (14) day
period. All hours in excess of forty-eight (48) in any one week
shall be compensated for at the rate of one and one third (l%)
the normal rate.





358


2. The maximum hours provided above shall not apply to any
employee engaged in any executive or managerial capacity, who re-
ceives thirty-five dollars ($35.00) or more per week in the'North or
thirty dollars ($30.00) or more per week in the Sout, provided,
however, that in the event that such person is engaged in the per-
formance of manual labor he shall not be permitted to work in
excess of the hours prescribed for such manual labor.
3. The maximum hours provided above shall not apply to outside
salesmen acting solely in the capacity of solicitors or estimators,
performing no manual labor.
4. No watchmen shall be permitted to work more than fifty-six
(56) hours in any one week, nor more than six (6) days in any
seven (7) day period.
5. The maximum hours herein set forth shall not apply to any
employee on emergency repair work involving breakdowns or the
protection of life or property, but in any such special case all hours
worked in excess of his maximum herein set forth shall be compen-
sated for at not less than the rate of time and one-third (11/3).
6. Due to the peak periods necessitated by the ending of custom-
ary leasing periods an employer may apply to the Administrator
through the appropriate Industrial Relations Board for authoriza-
tion to permit employees to work a designated number of additional
hours for any four (4) weeks in any twenty-six (26) week period.
Such additional hours shall be compensated for at a rate of not less
than time and one-third (11/3). Discrimination between members
of the Trade shall not be permitted in the granting of such
authorization.
7. It shall be the duty of the Code Authority in cooperating with
the National Industrial Relations Board to investigate, collect data,
and report findings and recommendations to the Administrator as
soon as possible, but not later than November 1, 1934 with respect to
achieving and providing a normal eight (8) hour day for all em-
ployees with equitable overtime rates of pay for time worked beyond
such normal eight (8) hour day, and for the purpose of generally
determining the feasibility and desirability of adopting a shorter
working day and week and improving the rates of pay, and terms
and conditions of employment for employees in the Trade over those
provided in the Code.
8. All time spent by an employee on or in any vehicle shall be con-
sidered time worked, regardless of whether such employee is engaged
in driving or in the performance of other labor, unless such employee
is a relief employee off duty engaged on a vehicle equipped with a
sleeping compartment. The National Industrial Relations Board
shall, within sixty (60) days after the effective date of this Code,
draw up definitions of off-duty and definitions of and regulations
for the practice known as dead-heading." This Board shall also
submit recommendations within this period with regard to the
maximum working day for long-distance moving. Such recom-
mendations, regulations and definitions upon approval by the Admin-
istrator, shall become effective as a part of this Code.
9. No employer shall knowingly engage any employee already em-
ployed by another for any time which when totaled with the hours
of any other employment exceeds the maximum weekly hours per-
mitted herein.


ii


4

"..







359


ARTICLE IV-WAGES
1. No office employee or watchman shall be paid at less than the
rate of fifteen dollars ($15.00) per week.
2. No other employee except long-distance drivers and helpers
shall be paid less than the following minimum rates per hour:
Regions 1, 3, and 7-45 cents.
Regions 4, (except that in cities of 200,000 or more and the imme-
diate trade areas thereof the rate shall be 45 cents) 9, 10, 12, 13 and
14 (Zone B)-40 cents.
Regions 5 and 11-35 cents.
Region 6-(Zone A)-30 cents, except that the minimum rate
shall be 35 cents in cities of 50,000 or more and the immediate Trade
areas thereof; (Zone B)-35 cents.
Region 14 (Zone A)-55 cents.
Regions 2 and 8-60 cents.
3. No driver or helper on a vehicle engaged in long-distance mov-
ing shall be paid less than forty-five cents (450) per hour in the
North nor less than thirty-five cents (350) per hour in the South.
In movements between the North and South the minimum long-dis-
tance wage of the North shall apply whenever any part of the load
originates in the North. A committee constituted in the same man-
ner as the National Industrial Relations Board shall recommend to
the Administrator within ninety (90) days of the effective date of
this Code minimum rates of compensation for reasonable expenses
incurred by employees engaged in long-distance moving, to be effec-
tive as a part of this Code when approved by the Administrator.
4. This Article establishes a minimum rate of pay regardless of
the basis upon which an employee is compensated.
5. No employee whose normal full-time weekly hours of employ-
ment for the week ending June 17, 1933, are reduced (by reason of
the adoption of this Code) by fifteen per cent (15%) or less, shall
have his full-time weekly earnings reduced. No employee whose
hours are reduced in excess of the said fifteen per cent (15%) shall
have his earnings reduced by more than fifty per cent (50%) of the
amount calculated by multiplying the reduction in hours in excess of
fifteen per cent (15%) by his hourly rate. A record of such ad-
justments shall be filed with the National Industrial Relations Board.
It is not the intent to modify established practices or privileges as
to vacation periods, leaves of absences, or temporary absences from
work heretofore granted to the employees.
ARTICLE V-GENERAL LABOR PROviSIONS
1. No person under twenty-one (21) years of age shall be engaged
as a chauffeur or driver of a commercial vehicle in this trade. No
person under eighteen (18) years of age, except office boys and girls
over sixteen (16) years of age, shall be employed in this Trade. In
any State an employer shall be deemed to have complied with this
provision if he shall have on file a certificate duly issued by the
authority empowered to issue employment certificates showing that
the employee is of the required age.
2. Employees shall have the right to organize and bargain col-
lectively through representatives of their own choosing, and shall be







360


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.
3. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frin from joining, organizing, or assisting a labor organization of
his own choosing. :
4. Employers shall comply with the maximum hours of labbt,
minimum rates of pay, and other conditions of employment, approved
or prescribed by the President.
.5. No provisions in this Code shall supersede any Federal or State
law which imposes more stringent requirements on employers, regu-
lating the age of employees, wages, hours of work, or health, safety
or general working conditions than are imposed under this Code.
G. Members of the Trade shall not reclassify employees or duties
of occupations, or engage in any other subterfuge, so as to defeat
the purpose or the provisions of the Act or of this Code.
7. Every employer shall protect his employees by Workmen's
Compensation Insurance according to the amounts required by State
law or in the cases where a State has not enacted a compensation law
applicable to this Trade, according to the amounts set by the Long-
shoremen and Harbor Workers Compensation Act of March e 1927,
Chapter 509, Section 1, 44 Statutes at Large 1424, as amended 70th
Congress, 1928. Chapter 612, 45 Statutes at Large 603.
8. No provision in this Code shall supersede provisions as to hours,
wages and conditions of employment which are established for spe-
cific projects by competent governmental authority acting in accord-
ance with law.
9. Whereas the policy of the Act to increase real buying power will
be made impossible of consummation if existing standards of em-
ployment are lowered, bonafide agreements entered into between
employers and employees bargaining collectively during the period
of effectiveness of this Code should not, so far as reasonably possible,
lower such existing standards of employment. This section is not to
be construed to permit any agreement contrary to the provisions of
this Code.
10. Every employer shall provide for the safety and health of
employees during the hours and at the places of their employment.
Standards for safety and health shall be submitted by the Code
Authority to the Administrator for approval within six (6) months
after the effective date of this Code.
11. An employer shall not make payment of wages due other than
in lawful currency or by negotiable check therefore payable on de-
mand. Such wages shall be exempt from any payments other than
those voluntarily paid by the wage earners, or required by State
law. Play periods for wage., shall be at least at the end of every
two weeks,, and for salaries at least at the end of every month. The
employer or his agent shall accept no rebates, directly or indirectly,
nor gi\'v anything of value nor extend favors to any person for the
purpose of influencing rates of wages or the working conditions
of his (employees.
12. No member of the Trade shall contract with any person for
the performance by such other person of services in the Trade with-


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out making it a condition of the contract that such persons will, dur-
ing the continuance of the contract, comply with the conditions
prescribed by this Code. Nor shall any contract be made covering
the services of this Tralde which fails to provide compensation for
manual labor at least equal to the minimum rate per hour herein
prescribed. Nothing in this section shall be construed to forbid
bona fide contracts with railroads, freight forwarding, express or
steamship companies, insofar as such contracts relate to haulage in
ships or trains.
13. There shall be established a National Industrial Relations
Board for the Trade, consisting of two (2) representatives of mem-
bers of the Trade, and two (2) representatives of employees of mem-
bers of the Trade. This Board shall have the power to mediate, ar-
bitrate and conciliate alleged violations and non-observance of the
labor provisions of this Code and disputes between employers and
employees and to make recommendations thereon to the Adminis-
trator; to provide, subject to the approval of the Administrator,
rules for the selection of its own members and those of local Boards,
and rules and regulations for procedure and conduct of these Boards;
to establish Regional, State, and Divisional Boards similarly con-
stituted; and to provide for the selection of the members of these
Boards; and it shall also advise and cooperate with the Code Au-
thority and the Administrator on all matters of industrial relations.
The rules and regulations prescribed shall include rules for rea-
sonable notice to interested parties and for appeal from the Regional
State and Divisional Boards to the National Industrial Relations
Board and to the Administrator.
Until such time as an election of members of the National Indus-
trial Relations Board is conducted as above provided and representa-
tires so chosen assume membership on such Board, the employees'
representatives shall be appointed by the Administrator from a panel
of nominees submitted by the Labor Advisory Board of the National
Recovery Administration. The representatives of the Trade shall
be appointed by the Code Authority.
Whenever the National Industrial Relations Board is unable to
obtain a majority vote, it shall elect an impartial member to cast
the deciding vote, and in the event of a failure so to elect such a
member, the Administrator shall appoint him.
In the selection and functioning of the National Industrial Rela-
tions Board or of any Industrial Relations Board established under
rules made by it, the employees shall enjoy the protection extended
to them under Section 7 (a) of the Act.
14. Standards as to minimum rates of wages and maximum hours
of labor such as may be necessary to effectuate the policies of Title
I of the Act may be established in the Trade for a specifically defined
region as a result of bona fide collective bargaining between truly
representative groups of employers and employees within the various
divisions or localities of this Trade. Such standards shall be pre-
sented to the President for approval. Upon approval, this standard
shall, in respect to the performance of service in the Trade within the
defined area, be binding upon all members of the Trade within the
specifically defined region of the Trade with the same force and
effect as the provisions of this Code.







362

15. Each member of the Trade shall comply with all rules and
regulations of the Administrator as to posting this Code or portions
thereof.


ARTICLE VI


1. Organization and constitution of Code Authority.
A. Temporary Code Authority.-The Administrator shall appoint
from fifteen (15) to twenty-one (21) members of the Trade who
shall act as the Code Authority until their successors are elected aiid
who shall arrange for the selection of Administrative Boards for
each of the Regions.
B. Regional Administratihe Boards.-Each Regional Administra-
tive Board shall be composed of six (6) members of the Trade who
shall elect a seventh member of the Trade to preside at its meetings
and to vote in the event of a tie. Each division of the Trade shall
be represented by at least. one member. Only members of the Trade
who subscribe to this Code, in the form prescribed by the Code Au-
thority, and approved by the Administrator and who consent to pay
their proportionate share of the expenses of the Code Authority
shall be entitled to vote or hold office.
Three of the six members shall be elected as follows: Each member
of the Trade qualified to vote shall have one vote for each two
thousand (2.000) square feet of gross storage space located in the
region and registered with the Code Authority, and one vote for each
vehicle customarily garaged in the region and registered with the
Code Authority, but in no event shall have more than one hundred
(100) votes.
The remaining three of the six members shall be elected by the
members of the Trade qualified to vote. Each such member shall
have one vote.
C. Permanent Code Authority.-Upon the completion of the elec-
tion of all the Regional Administrative Boards they shall elect a
new Code Authority of fourteen (14) members, to serve for one (1)
year, the method of voting to be determined by the Code Authority
and approved by the Administrator. Each member of the Regional
Administrative Board may cast one (1) vote for each member of
the Code Authority to be selected but not more than two (2) mem-
bers of the Code Authority shall be selected from one region. The
members of the Code Authority shall elect an impartial chairman
not a member of the Code Authority to preside at its meetings and to
vote in the event of a tie.
D. Local Administrative Boards.-The Code Authority shall, sub-
ject to the approval of the Administrator, prescribe rules and regu-
lations for the formation by the Regional Administrative Boards
of Local Administrative Boards. The Regional Administrative
Boards shall, in accordance with such rules, make an investigation
of local conditions in the various areas within the regions, and de-
termine the geographical distribution of local trade areas, and cause
to be elected by the members of the Trade in the several trade areas
so determined, Administrative Boards who shall administer the Code
for such areas.
Each member of the Trade may vote for each Local Administra-
tive Board within whose jurisdiction a warehouse operated by him
is located, or a vehicle operated by him is customarily garaged. The


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363


number of votes each member shall be entitled to cast shall be de-
termined in the same manner as prescribed for the election of the
Regional Administrative Boards. Each division of the Trade shall
be represented by at least one (1) member.
E. Jurisdiction.-The Local Administrative Boards shall have
primary jurisdiction over the activities in the Trade carried on
within their respective areas, but the rules and regulations for their
procedure shall be reviewed by the Code Authority before becoming
effective. The Regional Administrative Board shall be the coordi-
nating body for the Local Administrative Boards.
The Code Authority shall prescribe equitable rules and regulations
governing appeals by interested persons from the Local Adminis-
trative Boards to their respective Regional Administrative Boards
and from the Regional Administrative Boards to the Code Authority
and the Administrator and shall define the powers and duties of
such Boa rds.
F. Admini.sration Memnbers.-In addition to the representatives
selected as above prescribed the Administrator may appoint to the
Code Authority not more than three (3) additional members, with-
out vote. who shall be given notice of and I)e entitled to be present
at all meetings of the Code Authority. The Administration mem-
bers shall also be entitled to be present at all meetings of any Admin-
istrative Board.
2. Poers and Duties.-The Code Authority shall have the follow-
ing powers and duties to the extent permitted by the Act:
(a) To administer the provisions of the Code on behalf of the
Trade.
(b) To adopt. by-laws, rules and regulations for its procedure for
the administration of the (ode and for the adjustment of disputes
between members of the Trade arising thereunder.
(c) To obtain from members of the Trade such information and
reports as it deems necessary for the Administration of the Code.
To provide for submission by members of such information and re-
ports as the Administrator may deem necessary for the purposes
recited in Section 3 (a) of the Act, which information and reports
shall be submitted by members to such Administrative andor Gov-
ernmental Agencies as the Administrator may designate; provided
that nothing in this Code shall relieve any member of the Trade of
any existing obligations to furnish reports to any governmental
agency. No identified individual reports shall be disclosed to any
person except a confidential agency designated by the Code Author-
ity, not a member of the Trade, and except to such governmental
agencies as may be directed by the Administrator.
(d) To prescribe the manner of certifying, or verifying all reports,
or information, to be furnished by the members of the Trade.
(e) To make recommendations to the Administrator based on con-
ditions in the Trade as they may develop, which will tend to effectu-
ate the provisions of this Code, and the policy of the Act, which
recommendations, when approved by the Administrator, shall have
the same force and effect as a provision of this Code.
(f) To appoint such committees and employ or designate such
agents, and delegate to them such duties and authority as may be
necessary.





364

(g) To pro-rate the reasonable share of the expenses of adminis-
tration among the members of the Trade consenting to pay their
proportionate share on such basis as the Code Authority may deem
equitable and to empower each of the Regional and/or Local Admin-
istrative Boards to collect such expenses by any lawful means from
the members of the Trade which elected it.
(h) To cause to be formulated an accounting system and methods
of cost finding andor estimating capable of use by all members of
the Trade. After such system and methods have been formulated
and approved by the Administrator full details concerning -them
shall be made available to all members of the Trade. Thereafter,
all members of the Trade shall determine and/or estimate costs in
accordance with the principles of such methods.
3. If the Administrator shall determine that any action of the
Code Authority, or any Administrative Board or any agency thereof
may be unfair or unjust or contrary to the public interest, the Ad-
ministrator may require that such action be suspended to afford an
opportunity for investigation of the merits of such action and fur-
ther consideration by such Code Authority or Administrative Board
or agency pending final action which shall not be effective unless the
Administrator approves or unless he shall fail to disapprove after
thirty (30) days' notice to him of intention to proceed with such
action in its original or modified form.
4. Rrpresentatlve Character.-The Administrator may on his own
initiative, or on complaint of any member of the Trade, that the
Code Authority or any Administrative Board is not truly repre-
sentative of the Trade, require a public hearing, and if he shall find
that the Code Authority or any Administrative Board is not truly
representative, may require an appropriate modification in the
method of selection thereof.
5. Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority or any
Administrative Board shall (a) impose no inequitable restriction on
membership. and (b) submit to the Administrator true copies of its
articles of association, by-laws, regulations, and any amendments
when made thereto, together with such other information as to mem-
bership, organization, and activities as the Administrator may deem
necessary to effectuate the purposes of the Act.
6. Members of the Code Authority or Administrative Boards not
partners.
(a) Nothing contained in this Code shall constitute the members
of the Code Authority or any Administrative Board partners for
any purpose. Nor shall any member of the Code Authority or any
Administrative Board be liable in any manner to anyone for any
act of any other member, officer, agent or employee of the Code
Authority or any Administrative Board. Nor shall any member of
the Code Authority or any Administrative Board exercising reason-
able 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 wilful misfeasance or non-feasance.
(b) The Code Authority and each Regional and Local Admin-
istrative Board, established pursuant to the provisions of this
Article, may, upon submission to and approval by the Administrator,


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365


of its proposed certificate of incorporation and by-laws, incorporate
under the laws of any State in the United States or of the District
of Columbia. The powers, objects, and purposes of said corpora-
tions shall in all respects be limited to the powers objects, and pur-
poses of the Code Authority for the Household doods Storage and
Moving Trade and the Regional and Local Administrative Boards
of the Household Goods Storage and Moving Trade as provided in
this Code, and the existence of the corporations shall be for the
duration of this Code.
7. Registration.
(a) Every member of the Trade shall within thirty (30) days
after the effective date of this Code, or within ten (10) days after
becoming a member of the Trade, and annually thereafter, register
his name, the number and type of vehicles operated, and gross ware-
house space, together with such other information in such form
under such rules and regulations, and with such agency as may be
prescribed by the Code Authority with the approval of the Admin-
istrator, or as may be required by him.
(b) Each member of the Trade, on complying with the provisions
of paragraph (a) hereof, shall be issued an annual registration
certificate and registration insignia indicating such registration.
The cost of registering vehicles and furnishing insignia for the
same shall be assessed against the member registered.
(c) After forty-five (45) days after the effective date of this Code,
it shall be a violation of this Code for any member of the Trade to
operate any vehicle or warehouse without such registration insignia
prominently displayed at all times upon the outside of the vehicle
and in the office of the warehouse.
ARTICLE VII-TRADE PRACTICES
1. Open. Prices.-Each member of the Trade shall file with the
appropriate Administrative Board in each area in which he solicits
business within forty-five (45) days after the effective date of this
Code a complete schedule of his individual terms, rates, tariffs,
prices, discounts, dock charges, and all other conditions relating to
charges for services in the Trade. Each such individual schedule
shall be posted in a conspicuous place in each office of such member
of the Trade and shall be available at the agency designated by the
Code Authority or appropriate Administrative Board for the perusal
of all persons interested. It shall be an unfair trade practice for
any member of the Trade to sell, offer to sell or otherwise provide
service except in accordance with his individual schedule. Any
member may, however, meet the filed price of a competitor whose
filed price is lower where such competitor actually quotes without
collusion a price to a customer or prospective customer, provided
that all facts relating to such transaction are immediately reported
to the appropriate Administrative Board. Any member of the Trade
may file a new schedule effective ten (10) days after filing.
2. Such schedules shall provide a return for each service listed at
least equal to the sum of the wages necessary under this Code and to
compensate the direct labor required to perform such service and
all items of expenses and overhead required by the cost-accounting
SSee paragraph 2 of order approving this Code.




UNIVERSITY OF FLORIDA

3i61 |11 IHlltllHlm lll II llllllllllll II1|
66 3 1262 08582 8266
methods established for the Trade by the Code gaantk *A $'.
approved by the Administrator. : : .
The tariff rates or charges for each of the services listed' i .);t ..i: I ..
schedules shall be separate and distinct, and shall be named":it-t::.:-
writing when making quotations, and such rates or charges shall .in: :
assessed for each and every service performed. : .
3. The following unfair trade practices are prohibited.:
(a) The making, causing, or knowingly permitting to 'fbe fmade
or published any false, materially inaccurate or deceptive stfat .mit
by way of advertisement or otherwise, whether concerning tli:t ie
of service rendered by the Trade, or otherwise, having the tendsw.y
or capacity to mislead or deceive customers or prospective custom :.:: .
(b) The secret payment or allowance of rebates, refunds, corn ':.i
missions, credits, or unearned discounts, whether in the form of .
money or otherwise, or the secret extension to certain purchasers of -
special services or privileges not extended to all purchasers on like
terms and conditions.
Rebating of any kind, including furnishing packing material
without proper charge, giving of free storage, free insurance or any
other form of discount or allowance. '
(c) The soliciting of business after knowledge that a competitor.
has secured a signed order for the work.
(d) Engaging in the long distance removal of used household
goods, or used office furniture and equipment, without requiring an
order signed by the shipper, or his agent, prior to the commencement
of the moving operation.
ARTICLE VIII-MODFICATION
1. This Code and all the provisions thereof are expressly made sub-
ject to the right of the President, in accordance with the provisions
of subsection (b) of Section 10 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 imposed
by him upon his approval thereof.
2. This Code except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances; such
modifications shall be based on the recommendations of the Code
Authority or of any interested party or group or on the Adminis-
trator's own initiative and shall become effective on approval by
the President.
ARTICLE IX-MONOPOIaES
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress or discrimi"-
nate against small enterprises.
ARTICLE X-ErnFCTIVE DATE
This Code shall become effective on the second Monday after
approval by the President.
Approved Code No. 399.
Registry No. 1715-14.
O



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