Amendment to code of fair competition for the bituminous coal industry as approved on January 8, 1935

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Material Information

Title:
Amendment to code of fair competition for the bituminous coal industry as approved on January 8, 1935
Portion of title:
Bituminous coal industry
Physical Description:
4 p. : ; 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:
Bituminous coal industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 702-45."
General Note:
"Approved Code No. 24--Amendment No. 5."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 63654869
ocm63654869
System ID:
AA00009842:00001


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NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE


BITUMINOUS COAL INDUSTRY


AS APPROVED ON JANUARY 8, 1935


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1935


For sale by the Superintendent of Documents, Washington, D. C. - Price 5 cents


Approved Code No. 24-Amendment No. 5


Registry No. 702-45

























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.

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Approved Code No. 24-Amendment No. 5


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

BITUMINOUS COAL INDUSTRY

As Approved on January 8, 1935


ORDER

APPROVING AMENDMENTS OF CODE OF FAIR COMPETITION FOR THE
BITUMINOUS COAL INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I, of the National Indus-
trial Recovery Act, approved June 16, 1933, for approval of an
amendment to the Code of Fair Competition for the Bituminous
Coal Industry:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant 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 amend-
ment and the Code as constituted after being amended comply in
all respects with the pertinent provisions and will promote the policy
and purposes of said Title of said Act, and does hereby order that
said amendment be and it is hereby approved, and that the previous
approval of said Code is hereby amended to include an approval
of said Code in its entirety as amended.
This Order shall become effective immediately.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Admnini.stratie Officer.
Approval recommended:
W. P. ELLIS,
Division Administrator.
WASHINGTON, D. C.,
January 8, 1935.
1076 1 -1465-51-35 (1t












REPORT TO THE PRESIDENT
The PRESIDENT,
The White House.
SIR: An application has been duly made pursuant to and in full
compli iiince with the provisions of the National Inii'i-.trial Recovery
Act, for an amendment to the Code of Fair Competition for the
Bituminous Coal Industry, submitted by the Southern Sub-Divi-
sional Coal Code Authority No. 1 of Division I after submission to
all other Code Authorities for the said Industry.
The existing provision of Article VI, Section 1, of the Code for
said Industry, is entirely inadequate in view of the necessity for
clarification by reason of varying interpretations placed upon the
wording thereof. It is, therefore, evident that the proposed amend-
ment of Article VI, Section 1, of said Code, as modified by the
National Industrial Recovery Board, as provided in the notice for
public hearing thereon, will overcome the existing inadequate
provision.
FINDINGS
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 proceedings in this matter:
We find that pending such further order as the National Indus-
trial Recovery Board may enter thereon;
(a) The amendment to said Code and the Code as amended are
designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required)
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) The Code as amended 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 Sub-Divisional Code Authority to
present the aforesaid amendment on behalf of the Industry as a






3

whole after submission to all other Code Authorities affected thereby
(which shall include the Divisional Code Authority).
(d) The amendment and the Code as amended( are not designed
to and will not permit monopolies or monopoli.tic 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
amendment.
Said amendment is accordingly approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
Administrative Officer.
JANUARY 8, 1935.












AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE BITUMINOUS COAL INDUSTRY

Delete Section 1 of Article VI and substitute in lieu thereof the
following:
SECTION 1. The making of a contract to sell or offer to sell coal,
whether for immediate or future delivery, at a price below the fair
market price at the date of such contract or offer (regardless of the
dates specified for the making of deliveries), or any sale or delivery
of coal (other than pursuant to contract made in accordance with the
foregoing) below the fair market price thereof at the time of deliv-
ery, determined as hereinafter provided, is hereby declared to be an
unfair competitive practice and in violation of this Code. Such
fair market price shall be determined and established as hereinafter
provided, and it shall be proper in determining such fair market
price to consider the purposes of the National Industry Recovery
Act, the minimum rates of pay herein established, the furnishing of
employment for labor and the competition with other coals, fuels,
and form of energy for heat production.
Approved Code No. 24-Amendment No. 5.
Registry No. 702-45.
(4)











































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