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NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
BITUMINOUS COAL INDUSTRY
AS APPROVED ON NOVEMBER 5, 1934
WE Do OUR PART
UNIV. OF FL LIS.
DOCU ENTS DEPT.
GOVERNMENT PRINTING OFFICE
For sale by the Superintendent of Documents, Washington, D.C. .. Price 5 cents
Registry No. 702-45
Approved Code No. 24-Amendment No. 4
This publication is for sale by the Superintendent of Documents, Government
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Foreign and Domestic Commerce.
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Approved Code No. 24--Amendment No. 4
AMENDMENT TO CODE OF FAIR COMPETITION
BITUMINOUS COAL INDUSTRY
As Approved on November 5, 1934
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THI
BITUMINOUS COAL INDU>TI:Y
An application having been duly made purtsunnt to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16th, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Bituminous Coal Indus-
try as contained in a published Notice of Opportunity to File Ob-
jections, Administrative Order 24--52, dated August 1, 1934, and
amended to meet certain objections which were filed as provided in
said Published Notice and annexed report on said amendment, con-
taining findings with respect thereto, having been made and directed
to the President.
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, purIsuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order No. 6859, and otherwise, does hereby incorporate, by
reference, said annexed report and does find that said amendment
and the Code as constituted after being amended complies in all
respects with the pertinent provisions and will promote the policy
and the purposes of said Title of said Act, and does hereby order
that said amendment be and is hereby approved, and that the pre-
vious approval of said Code is hereby amended to include approval
of said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
W. P. ELLIs
Acting division Administrator.
WASHINGTON, D. C.,
November 5, 1934
REPORT TO THE PRESIDENT
The White House.
SIR: An application has been duly made pursuant to and in full
compliance. with the pr1)ovi.ions of the National Industrial Recovery
Act, for an amendment to the Code of Fair Competition for the Bitu-
minous Coal Industry, submitted by the Code Authority for the said
The existing provision of Article VII, Section 3 of the Code for
said Industry, is entirely inadequate in view of the necessity of ob-
taining reliable data and facts for use in studies of wages and prices
and in adininistering the provisions of the Code, and it is therefore
evident that the proposed amendment to Article VII, Section 3, of
said Code will overcome the existing inadequate provision.
The Acting Deputy Administrator in his final report to us on the
amendment to the Code of Fair Competition for the Bituminous Coal
Industry having found as herein set forth and on the basis of all pro-
ceedings in this matter:
We find that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of ob-
structions to the free flow of inter-tate and foreign commerce which
tond 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 including and main-
taining united action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required) by in-
creas.ing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
epjloymenlt, by improving standards of labor, and by otherwise
(b) The Code as modified complies in all respects with the perti-
nent 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.
(c) The Code empowers any Divisional Code Authority to present
the aforesaid amendment on behalf of the industry as a whole.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendment 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.
(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
Said amendment is accordingly approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
NOVEMBER 5, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE BITUMINOUS COAL INDUSTRY
Delete Section 3 of Article VII and substitute in lieu thereof the
SECTION 3. (a) Each Code Authority shall set up and maintain a
Statistical Bureau which shall be under the direction of a Managing
Director, who may be the Secretary of the Code Authority and who
shall not be an officer, director, or employee of any producer. All
producers shall, in their respective Sub-divisions, (or Divisions)
report all spot orders to such Bureau and shall file with such Bureau
copies of all contracts for the sale of coal, copies of all invoices,
copies of all credit memoranda and such other information concern-
ing the production and sale of coal as such Code Authority, with
the approval of its Presidential Member, may require.
(b) Each producer shall, in his Sub-division (or Division) file
all such reports and other information as de-cribed in sub-section (a)
above with the Statistical Bureau of the Sub-division (or Division).
Failure to file such reports or other information, or filing materially
inaccurate reports or other information, shall be a violation of the
(c) All such records shall be held by such Bureau as the confiden-
tial records of the producer filing such information, until the Code
Authority shall direct their return to the producer filing the same.
(d) Each Bllreaii shall, if so directed by the Code Authority,
compile from such records, in composite form and in such manner
as shall not be prejudicial to the interests of any producer, statistical
information with respect, to the sale and distribution of coal. None
of such records nor the information contained therein shall be dis-
clo-ed to anyone except as so compiled and except as hereinafter
provided in subsections (e) and (f) hereof in connection with
violations of the Code.
(e) The Managing Director shall examine such records and if
such examination shall, in the opinion of the Managing Director,
disclose a violation of the Code, the Managing Director shall report
such violation to the Presidential Member, together with any infor-
mation necessary to enable the Presidential Memnber to consider such
violation. In investigations of any complaint of unfair practices,
the Presidential Member of a Code Authority shall have power to
require such other reports from, and shall be given access to inspect
the books and records of producers within the jurisdiction of such
Code Authority to the extent he may deem necessary for the deter-
mination of the validity of the complaint.
(f) If the Presidential Member shall determine that any such
complaint as described in subsection (e) hereof discloses a violation
of the Code, the Presidential Member shall report such violation to
the Code Authority together with any reports or other information
filled in accordance with the provisions of this section which may
appear necessary to the Presidential Member to enable the Code
Authority to consider the merits of such violation and to take such
steps as it shall deem necessary to secure observance of the Code.
(g) All producers subject to the Code shall furnish to any gov-
ernment.agency or agencies designated by the Admini-trator such
statistical information as the Admini.itrlittor may from time to time
deem necessary for the purpose recited in Section 3 (a) of the Na-
tional Industrial Recovery Act.
(h) The expense of administering this Code by a Divisional (or
Sub-Divisional) Code Authority shall be borne by those subject,
to such Code Authority, each paying his proportionate share, as
assessed, computed on a tonnage basis, in accordance with regula-
tions prescribed by the Code Authority with the approval of the
Administrator, and failure to pay such a;-eem,.nts shall constitute
a violation of the Code.
Approved Code No. 24--Amendldent No. 4.
Registry No. 702-45.
UNIVERSITY OF FLORIDA
3 1262 08850 2983
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