Registry No. 1713-2-15
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
TOLL BRIDGE INDUSTRY
AS APPROVED ON MAY 17, 1934
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Approved Code No. 431
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Approved Code No. 431
CODE OF FAIR COMPETITION
TOLL BRIDGE INDUSTRY
As Approved on May 17, 1934
CODE OF FAIR COMPETITION FOR THE TOLL BRIDGE 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 a Code of
Fair Competition for the Toll Bridge Industry, and hearings having
been duly held thereon and the annexed report on said Code, contain-
ing findings with respect thereto, having been made and directed to
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 No. 6543-A, dated December 30.
1933, and otherwise; do hereby incorporate by reference said annexed
report and do find that said 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 Code of Fair
Competition be and it is hereby approved, on condition, that:
The definition of Industry as contained in Article IX of the Con-
stitution of the American Toll Bridge Association be interpreted
and amended to coincide with the definition of Industry contained
in Article II, Section (a), of the Code of Fair Competition for the
Toll Bridge Industry, and that the said Article IX be further
amended and interpreted to permit the automatic admission to mem-
bership in the American Toll Bridge Association of any member of
the Toll Bridge Industry who applies and agrees to pay dues and
assessments, and provided further, that
Members of the Toll Bridge Industry which are publicly owned
and/or operated may agree individually with the President to oon-
form to the standards of wages, hours and general labor conditions
set forth in this Code, and thereupon they shall be granted all the
benefits of known compliance with the National Industrial Recovery
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
K. M. SmPrsoN,
May 17, 1934.
REPORT TO THE PRESIDENT
The White House.
SmR: The original Code of Fair Competition for the Toll Bridge
Industry was submitted on August 10, 1933, by the American Toll
Bridge Association, an unincorporated membership society organized
in 1932, whose members represent in excess of fifty per cent of the
total volume of the. Industry. Several revisions of the Code were
made prior to the public hearing, March 14, 1934. The Code was
revised during recess of this hearing and was submitted in its present
form for approval. Every person who requested appearance was
properly heard in accordance with the provisions of the Act.
The first toll bridge in North America was built spanning the
Newbury River at Rowley, Massachusetts, in 1654, and in 1778, the
State of Pennsylvania authorized the building of a bridge across
Conestaga Creek on the road from Philadelphia to Lancaster.
The Industry began its period of greatest development in the
year 1922, when extensive construction of highways took place.
From 1922 to 1930 was a period of extensive expansion which per-
haps has contributed largely to the extreme financial difficulties now
existing in the Industry.
With the introduction of motor vehicles during the early part of
the present century, there was a radical change in the requirements
of the public for transportation which necessitated the expenditure
of large sums for the construction of adequate roads and bridges.
The necessity for a bridge becomes greatest when river navigation
is closed during the winter or when the traffic reaches such volume
it cannot, be adequately handled by ferries.
The United States Department of Agriculture, through its Bureau
of Public Roads, indicates that there are 312 operating toll bridges
in the United States or on the international boundaries. Of the 312
toll bridges, 101 are operated by public agencies and 211 by private
agencies. Of the 211 privately owned bridges, 39 are owned and
operated by railroad and street car companies.
For a long period of time, the War Department has had the author-
ity to prescribe rates for toll bridges over navigable waters. Author-
ization by a special Act of Congress is required for any bridge be-
tween two states where the bridge is constructed over navigable
waters. In recent years, it has been the policy of Congress to insert
recapture provisions in enabling Acts for the construction of toll
bridges. In general, these recapture provisions set up an amortiza-
tion plan under which the bridge property may be returned to some
public authority and, usually, within a twenty-year period from the
date of the construction of the bridge.
In certain states, toll bridges are subject to regulation of rates
by both the public service commission of the state and by the War
Department. As a matter of general practice, the state public serv-
ice commissions have been exercising their jurisdiction in the matter
of regulation of rates and, usually, the War Department does not
exercise this jurisdiction where the state has the authority.
Recently, this Industry has suffered a great decrease in traffic
in addition to an increased unwillingness of the public to pay bridge
tolls, all of which has brought the Industry to a state of comparative
exhaustion from which its only hope of recovery is by improved
general economic conditions. Further, it cannot hope to pass on
any increased expenditure to the public since the trend of toll rates
has been downward for the last several years and, in many cases,
applications for rate reductions are now pending before state and
municipal regulatory bodies.
Any attempt to increase toll rates would divert traffic from toll
bridges to free highway routes and to ferries when a lower rate exists
even though such diversion would necessitate traveling many addi-
Employees of this Industry usually live near bridge heads. On
small bridges where traffic is light the employee and his family often
reside in the toll house provided by the company either free of charge
or for a nominal sum.
Most employees of this Industry are not of the skilled class and
their employment is regular and the labor turnover is low.
PROVISIONS OF THE CODE
This Code provides for a basic forty hour week for employees with
the exception that the operating group shall be permitted to work
forty-eight hours per week. For maintenance, clerical, and all other
employees, there is a limitation of eight hours in any twenty-four
hour period. The hours provisions do not apply to employees in a
managerial or executive capacity or superintendents and assistant
superintendents who earn not less than thirty-five dollars per week.
Provision is made for employees engaged in emergency work pro-
vided that all such hours of work in excess of the maximum shall be
paid for at the rate of time and one-half.
Minimum wage rates are set for unskilled labor at thirty-five cents
per hour in the North and twenty-eight cents per hour in Southern
territory. For clerical and office employees the rate is fixed at not
less than fifteen dollars per week, except that it is permitted that
office boys and office girls, not to exceed five per cent of the office and
clerical force, (with a permissible minimum of two such persons)
shall be paid at not less than eighty per cent of the minimum rate
prescribed for this class.
Employees on small bridges which regularly employ not more than
two persons are exempted from the minimum wage and maximum
hour provisions of this Code.
The Code provides for adjustment of wages above the minimum,
and in furtherance thereof a proposed schedule for wage adjustment
is to be filed with the Administrator within sixty days of the effective
date of this Code. There is a further stipulation that in no event
shall hourly rates of wages be reduced.
In addition provision has been made for piece-work compensa-
tion, female employees, standard safety and health rules state laws,
posting, handicapped persons and non-reclassification of employees.
Provision is also made that no person under eighteen years of age
shall be employed in the Industry except as office boys and office
girls, and no person under sixteen years of age shall be employed
in the Industry in any capacity.
ECONOMIC EFFECTS OF THE CODE
The decline in employment in the Industry has not been severe
when compared with many other industries. It dropped from ap-
proximately 2,600 individuals in 1929 to 2,240 in 1933, representing
13.6 per cent. This decline is less than the decrease in revenues.
This Code will materially increase rates of wages and will tend
to increase employment. Because of the small amount of statistical
material available for this Industry, it is difficult to give exact
figures as to the actual amount of employment it will produce or
to what extent the annual payroll will be increased.
This.Industry employs but few individuals as compared with
its large capital investment and, also, the opportunity for reemploy.
ment is definitely limited.
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 pro-
ceedings in this matter; I find that:
(a) Said Code is well designed to promote the policies and pur-
poses 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 pro-
vide for the general welfare by promoting the organization of in-
dustry for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and manage-
ment under adequate governmental sanctions and supervisions, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and reliev-
ing unemployment, by improving standards of labor, and by other-
wise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title I of said Act, including without limita-
tion Sub-section (a) of Section 3, Sub-section (a) of Section 7, and
Sub-section (b) of Section 10 thereof; and that the applicant associa-
tion is an industrial association truly representative of the.aforesaid
Industry; and that said association imposes no inequitable restrio-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate 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
For these reasons this Code has been approved.
HUGH S. JOHNSON,
MAY 17, 1934.
CODE OF FAIR COMPETITION FOR THE TOLL BRIDGE
To effectuate the policies of Title I of the National Industrial
Recovery Act, this Code is submitted as a Code of Fair Competition
for the Toll Bridge Industry, and upon approval by the President,
its provisions shall be the standards of fair competition for such
industry and shall be binding' upon every member thereof.
(a) The term industry means the Toll Bridge Industry which
is defined as the operation and maintenance in the United States of
bridges upon which tolls are collected for the passage of vehicles
and .'or pedestrians, and of approaches thereto, and of equipment used
in connection therewith.
(b) The term "member of the industry" means all who are
engaged in the industry, either as an employer or on his or its own
behalf, and includes, without limitation, any person, partnership,
firm. association, trust or corporation so engaged in the industry.
But the term does not include Federal, State, municipal, or other
publicly operated plants, enterprises, or authorities, engaged in the
industry, except in so far as any of them may voluntarily obligate
themselves specifically to put into effect any or all of the provisions
of this Code.'
(c) The term employee as used herein includes and means any
and all persons engaged in the industry, however compensated except
a member of the industry.
(d) The term "employer as used herein means all those engaged
in the industry by whom any such employee is compensated or
(e) The term "Southern territory"' means the States of Virginia,
North Carolina, South Carolina, Georgia, Florida, Alabama, Ten-
nessee, Mississippi, Arkansas, Louisiana, and Texas.
(f) The term "President means the President of the United
States of America.
(g) The terms "Act and "Administrator as used herein mean
respectively Title I of the National Industrial Recovery Act and
Administrator for Industrial Recovery.
No employee shall be permitted to work in excess of the following
number of hours:
See paragraph 4 of order approving this Code.
(a) Operating Group (which includes all toll takers or collectors
and those engaged in policing and directing traffic, and operating
movable spans).-No employee in this group shall be permitted to
work in excess of forty-eight (48) hours in any one week, except as
herein otherwise provided.
(b) Maintenance Group (which includes all those engaged in the
maintenance and repair of toll bridges, approaches and equipment,
and the care of the grounds).-No employee in this group shall be
permitted to work in excess of forty (40) hours in any one week or
eight (8) hours in any twenty-four (24) hour period, except as herein
(c) Clerical Group.-No clerical or office employee shall be per-
mitted to work in excess of forty (40) hours in any one week or eight
(8) hours in any twenty-four (24) hour period.
(d) All other Group.-No other employee shall be permitted to
work in excess of forty (40) hours in any one week or eight (8)
hours in any twenty-four (24) hour period.
(e) Exception as to hours.-The provisions of this Article shall
not apply to employees in a managerial or executive capacity, super-
intendents and assistant superintendents, who earn not less than
Thirty-five ($35.00) Dollars per week; nor to outside solicitors.
(f) Emergency TWork.-The provisions of this Article shall not
apply to employees when engaged in emergency work, provided that
all additional hours in excess of the applicable maximum per day
and/or week hereinabove provided shall be paid for at the rate of
time and one-half (11,).
(g) Small Bridges.-Toll bridges in the industry which regularly
employ not more than two (2) persons shall be exempt from the
provisions of this Article.
(h) Employmient by Several Employers.-No employer shall
knowingly permit any employee to work for any time which, when
totaled with that already performed with another employer or
employers in this or any other industry, exceeds the maximum
(i) Limitation of Work.-No employee shall be permitted to work
more than twenty-four (24) days in any twenty-eight (28) day
No employee shall be paid less than the following rates:
(a) Operating Group (which includes all toll takers or collectors
and those engaged in policing and directing traffic and operating
movable spans) and Maintenance Group (which includes all those
engaged in the maintenance and repair of toll bridges approaches
and equipment and the care of the grounds).-No employees in the
aforementioned groups shall be paid less than thirty-five (35) cents
per hour, except that minimum wages shall not. be less than twenty-
eight (28) cents per hour in the Southern Territory.
(b) Clerical Employees.-No clerical or office employee shall be
paid at the rate of less than fifteen dollars ($15.00) per week ex-
cept that office boys and office girls not to exceed five (5) per cent
of the office and clerical force with a permissable minimum of two
such persons, shall be paid not less than eighty (80) per cent of the
minimum rate hereinabove prescribed.
(c) All other Group.-All other employees shall be paid not less
than thirty-five (35) cents per hour except that the minimum wages
shall not be less than twenty-eight (28) cents per hour in the South-
(d) Part-time Employees.-Part-time employees shall be paid not
less than at the same rates as other employees doing similar work.
(e) Small Bridges.-Toll bridges in the industry which regularly
employ not more than two persons shall be exempt from the pro-
visions of this Article.
(f) Piecework Compensation-Minimum Wages.-This Article
establishes a minimum rate of pay which shall apply, irrespective of
whether an employee is actually compensated on a time rate, piece-
work, or other basis.
(g) Wages above Minimum.-There shall be an equitable adjust-
ment of all wages above minimum, and to that end, within sixty
(60) days from the approval of this Code, the Code Authority shall
submit for the approval of the Administrator a proposal for adjust-
ment in wages above the minimum. Upon approval by the Admin-
istrator, after such hearing as he may prescribe, such proposal shall
become binding as a part of this Code, provided, however, that in no
event shall hourly rates of pay be reduced.
(h) Feumale Employees.-Female employees performing substan-
tially the same work as male employees shall receive the same rate
of pay as male employees.
(i) Handicapped Persons.-A person whose earning capacity is
limited because of age, physical or mental handicap, or other in-
firmity, may be employed on light work at a wage below the mini-
mum established by this Code, if the employer obtains from the
State Authority, designated by the United States Department of
Labor, a certificate authorizing such person's employment at such
wages and for such hours as shall be stated in the certificate. Each
employer shall file monthly with the Code Authority a list of all
such persons employed by him, showing the wages paid to, and the
maximum hours of work for such employee.
ARTICLE V-GENERAL LABOR PROVISIONS
(a) Child Labor.-No person under eighteen (18) years of age
shall be employed in the industry except as office boys and office girls.
No person under sixteen (16) years of age shall be employed in the
industry in any capacity. In any State any employer shall be
deemed to have complied with this provision as to age if he shall
have on file a certificate or permit, duly signed by the Authority in
such State empowered to issue employment or age certificates or per-
mit showing that the employee is of the required age.
(b) Provisions from the Act.-1. Employees shall have the right
to organize and bargain collectively through representatives of their
own choosing, and shall be 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. -
2. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing, and
8. Employers shall comply with the maximum hours of labor, min-
imum rates of pay, and other conditions of employment approved or
prescribed by the President.
(c) Reclassification of Employees.-No employer shall reclassify
employees or duties of occupations performed or engage in any other
subterfuge for the purpose of defeating the purposes or provisions
of the Act or of this Code.
(d) Standards far Safety and Health.-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 within
six months after the effective date of the Code.
(e) State Laws.-No provision in this Code shall supersede any
State or Federal law which imposes on employers more stringent
requirements as to age of employees, wages, hours of work, or as to
safety, health, sanitary. or general working conditions, or insurance,
or fire protection than are imposed by this Code.
(.f) Posting.-All employers shall post and keep posted copies of
this Code in conspicuous places accessible to all employees. Every
member of the industry shall comply with all rules and regulations
relative to the posting of provisions of Codes of Fair Competition
which may from time to time be prescribed by the Administrator.
ARTICLc VI-CODE ATTHORITY 2
(1) There shall forthwith be constituted a Code Authority con-
sisting of six voting members, each to serve for a term of one year,
for the purpose of administering the provisions of this Code.
(2) The Code Authority shall be selected as follows:
a Three members representative of the membership of the
American Toll Bridge Association to be selected by that association
in such manner as may be equitable, subject to the approval of the
(b) Three members representative of the non-members of the
American Toll Bridge Association to be selected from and elected
by such non-members who have assented to the Code by a majority
vote of said non-members of the Industry, but if not selected within
thirty (30) days from the effective date of this Code, they may be
appointed by the Administrator.
(c) Not more than three (3) additional members, without vote,
shall be appointed by the Administrator to serve without expense
to the industry and for such period of time as the Administrator
may determine. Such members shall be given reasonable notice of
all meetings of the Code Authority.
SSee paragraph 3 of order approving this Code.
(3) In order that the Code Authority shall at all times be truly
representative of the industry and in other respects comply with
the provisions of the Act, the Administrator may prescribe such
hearings as he may deem proper; and thereafter if he shall find that
the Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, he may require an
appropriate modification in the method of selection of the Code
(4) The Code Authority shall have and exercise all powers and
duties conferred upon it by this Code, and, generally, all such other
powers and duties as shall be necessary or proper to enable it fully
to administer this Code and effectuate its purposes, in cooperation
with the Administrator, and to enable it, the said Code Authority,
to carry on and perform its functions, as herein prescribed and
(5) The Code Authority may from time to time present to the
Administrator recommendations based on conditions in this industry
as they may develop which will tend to effectuate the operation of
the provisions of this Code.
(6) The Code Authority shall cooperate with the Administrator
in making investigations as to the functioning and observance of
any provisions of this Code, at its own instance or upon complaint
by any person, and report same to the Administrator.
(7) The Code Authority shall adopt a proper form of organiza-
tion and procedure, by-laws, and rules and regulations, and may
delegate any of its powers-and duties to such agents, representatives
and committees as it may constitute and appoint from time to time.
Nothing herein contained shall be construed in any way to relieve
the Code Authority of any or all of its obligations hereunder.
(8) Members of the industry shall sustain their reasonable share
of the expenses of the Code Authority and its activities. Such rea-
sonable share of the expenses of administration shall be determined
by the Code Authority, subject to review by the Administrator, on
the basis of volume of business and/or such other factors as may
be deemed equitable.
(9) Nothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent, or employee of the
Code Authority. Nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any action or omission to act under
this Code, except for his own wilful misfeasance or nonfeasance.
(10) All members of the industry shall furnish to the Code
Authority, through an impartial agency, such information and re-
ports as are required for the administration of the Code. In addition
to information required to be submitted to the Code Authority,
members of the industry subject to this Code shall furnish such
statistical information as the Administrator may deem necessary for
the purposes recited in Section 3 (a) of the Act to such Federal and
State agencies as he may designate; provided that nothing in this
Code shall relieve any member of the industry of any existing obli-
gations to furnish reports to any Government agency. No individ-
ual report shall be disclosed to any other member of the industry or
any other party except to such other Governmental agencies as may
be directed by the Administrator.
(11) If the Administrator shall determine that any action of a
Code Authority or any agency thereof may be unfair or unjust or
contrary to the public interest, the Administrator may require that
such action be suspended to afford an opportunity for investigation
of the merits of such action and further consideration by such Code
Authority or agency pending final action which shall not be effective
unless the Administrator approves or unless he shall fail to disap-
prove after thirty (30) days' notice to him of intention to proceed
with such action in its original or modified form.
(12) The Code Authority shall cooperate with the Administrator
in regulating the use of any N. R. A. insignia solely by those mem-
bers of the industry who have assented to and are complying with
(13) Each trade or industrial association directly or indirectly
participating in the selection or activities of the Code Authority
shall (1) impose no inequitable restrictions on membership, and (2)
submit to the Administrator true copies of its articles of associa-
tion, by-laws, regulations, and any amendments when made thereto,
together with such other information as to membership, organiza-
tion, and activities as the Administrator may deem necessary to
effectuate the purposes of the Act.
ARTICLE VII-TRADE PRACTICE RULES
(a) It shall constitute an unfair trade practice and shall be a
violation of this Code for any member of the industry to issue free
passage to any person except to bona fide officials, contractors, and
employees of such members, to police and fire departments, and to
such other persons as may be entitled to the same by law or the
franchise under which such toll bridge is operated.
(b) Fair trade and policy of the Act require that all persons and
corporations engaged in the toll bridge industry as defined, in com-
petition with others engaged therein, should be subject to the same,
or to substantially the same, terms and conditions as to maximum
hours of labor, minimum wages, conditions of employment, and
general labor provisions. Where a member of the industry is sub-
jected to competition by a plant or enterprise which is not required
to conform to such requirements of this Code, such member of the
industry may, on application to the Administrator, be equitably
exempted by him from the operation of this Code within the groups
or areas affected by such competition.
(c) The Code Authority shall have the power to confer and act
jointly with any other Code Authority when and as authorized by
the Administrator; to coordinate the administration of this Code
with such other Codes, if any, as may be related to or affect the
industry or any part thereof; to confer and cooperate, upon their
request, with other agencies, authorities and departments of Federal
and State Governments to effectuate the policy of the Act and the
provisions of this Code; to transmit pertinent information to that
end; and to delegate to any other administrative authority, upon the
approval of the Administrator first obtained, such powers hereunder
as will promote cooperative action and fair trade and competitive
practices as to matters of common interest in relation to the indus-
try; provided that any such delegation shall not be deemed to release
or relieve the Code Authority from any of its duties and responsi-
bilities under this Code.
(d) In the event that any provision or provisions of this Code
shall impose an unusual or undue hardship upon any member of
the industry then such member through the Code Authority may
petition the Administrator for relief and upon making proof of
such hardship the Administrator may exempt such member from so
much of the Code provisions and requirements as may be necessary
to alleviate such hardship.
(a) This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of subsection (b) of Section 10 of the National Industrial Re-
covery Act, from time to time to cancel or modify any order, ap-
proval, 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 im-
posed by him upon his approval thereof.
(b) This Code, except as to provisions required by the Act, may be
modified and/or amended on the basis of experience or changes in
circumstances, such modifications and/or amendments to be based
upon application to the Administrator by the Code Authority or
other representative groups within the industry but without limita-
tion, and such notice and hearing as he shall specify, and to become
effective as a part of this Code on approval of the President.
ARTICLE IX-MONOPOLIES, ETc.
No provisions of this Code shall be so applied as to permit monop-
olies or monopolistic practices contrary to law, or to eliminate, op-
press, or discriminate against small enterprises.
Nothing in this Code shall be so construed or applied as to con-
flict with, or supersede the jurisdiction, or powers of any Federal,
State, or municipal board, body, or official, exercising regulatory
authority over any member of this industry.
ARTICLE XI-EFFECTIVE DATE
This Code shall become effective on the second Monday after its
approval by the President, and terminate whenever Title I of the
National Industrial Recovery Act ceases to be in effect but not later
than June 15, 1935.
Approved Code No. 431
Registry No. 1713-2-15.
UNIVERSITY OF FLORIDA
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