Amendment to code of fair competition for the crushed stone, sand and gravel, and slag industry as approved on August 24...

UNIVERSITY OF FLORIDA
3 1262 08482 9646111
3 1262 08482 9646


3ndment No. I


Registry No. 1037-1-01


NATIONAL RECOVERY ADMINISTRATION



AMENDMENT TO
CODE OF FAIR COMPETITION
FOR THE

CRUSHED STONE, SAND AND

GRAVEL, AND SLAG

INDUSTRY


AS APPROVED ON AUGUST 24, 1934





R
HEMUEN




WE DO OUR PART





U. !

UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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Approved Code No. 109-Amendment No. 1


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

CRUSHED STONE, SAND AND GRAVEL, AND SLAG
INDUSTRY

As Approved on August 24, 1934


ORDER

APPROVING AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
CRUSHED STONE, SAND AND GRAVEL, AND SLAG 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 an amend-
ment to a Code of Fair Competition for the Crushed Stone, Sand
and Gravel, and Slag Industries, and hearings having been duly
held thereon and the annexed report on said amendment, containing
findings with respect thereto, having been made and directed to the
President:
NOW THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order 6543-A, dated December
30, 1933, and otherwise, do hereby incorporate by reference, said
annexed report and do find that said amendment and the Code as
constituted after being amended comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said amendment
be and it is hereby approved, and that the previous approval of
said Code is hereby modified to include an approval of said Code
in its entirety as amended, such approval and such amendment to
take effect ten (10) days from the date hereof unless good cause to
the contrary is shown to the Administrator before that time and
the Administrator issues a subsequent order to that effect.
HUGH S. JOHNSON,
Admnin.istrator for Iudlustrial Recovery.
Approval recommended:
C. E. AD.AMS,
Division Administrator.
WASHINGTON, D.C.,
August 19344.
82312--1044-114----34 (11










REPORT TO THE PRESIDENT


The PRr.'r-nNTr,
T'/,, White House.
SIR: This is a report on the an-iindrnent to the Code of Fair
Competition for the Crwi-hed Stone, Sand and Gravel, and Slag
Industries as approved by you November 10, 1933. This amendment
was submitted June 20, 1934 by the Code Authority for the Crushed
Stone, Sand and Gravel, and Slag Indu.tries, and a public hearing
thereon was conducted July 17, 19:31 in Wal-hington, D.C.
The National Crushed Stone Association, Inc. The National Sand
and Gravel Association, Inc., The National Siag Association, the
National Association of Portable Stone, Sand and Gravel Producers,
and the Associated General Contractors of America, Inc., either
participated in the hearing or join with the Code Authority in
sponsoring the amendment.
This amendment was proposed pursuant to Executive Order No.
(;(;7S dated April 14, 1934 and to my Administrative Order No.
X-36, dated May 26, 1934. The amendment has since been revised,
with the assent of the Code Authority, in accordance with sugges-
tions made by the Legal Division.
The primary purpi'se of the amendment is to govern the collec-
tion of contributions for Code maintenance by the Code Authority
of the Crushed Stone, Sand and Gravel, and Slag Industries, and
by various administrative comnmittee.- set up under the Code. This
purpose is carried out particularly in Amendioent. No. 8, which will
make m' n!-e.:- ..,ry the r.,gi-.tercd producer" ;i c -reatrd in the ap-
proved Code. The other nine aimendrmints are iintcndled to eliminate
various reIfervI.'ies to "rv.i.-tcred producers" and in other ways to
make effective Atnn!dmnwllt No. 8.
The Deputy Admniii-trator in his final report to me on said
amendment to said Code having found as herein set forth and on
the basis of the proceedings in this matter:
I find that:
(a) The amendment to said Code and the Code as amended are
well dec.ignrd 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 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 lpurpiise
of cooperative action among trade groups by inducing 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
increasing the consumption of industrial and agricultural products
(2)






through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended comiplies in all respects with the per-
tinent provi-ion of said Title 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.
(c) The amendment and the Code as amended are not designed
to and will not permit monopolies or montipolistic practices.
(d) 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.
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said amen(lment.
For these reasons, therefore, I have approved this amendment.
Respectfully,
HUGH S. JOUINSON,
A din istrator.
AUGUST 24, 1934.











AMENDMENT TO CODE OF FAIR COMPETITION FOR
CRUSHED STONE, SAND AND GRAVEL, AND SLAG
INDUSTRY
'AMENDMENT NO. 1
Article II, Section 5 is amended by striking out subsection (d)
thereof.
AMENDMENT NO. 2

Article II, Section 9 is amended by striking out the word "regis-
tered in the second line thereof.

AMENDMENT No. 3

Article VI, Section 4 is nimended by striking out subsection (c)
thereof and substituting therefore the following:
Voting Eligibility.-Any member of the industries as defined in
Article II hereof, or producers in other industries that with the
approval of the President. may from time to time be governed by
the provisions of this Code, shall be entitled to participate in and
share the benefits of the activities of the Code Authority and of other
committee established herein and to participate in the selection of
members thereof by complying with the requirements of this Code."

AMENDMENT NO. 4

Article VI, Section 4 is amended by striking out the word regis-
tered in the first line of subsetction (d) thereof.

AMENDMENT NO. 5

Article VI, Section 4 is amended by striking out the word regis-
tered in the first line of subsection (e) thereof.
AMENDMENT NO. 6

Article VI, Section 4 is amended by striking out the word regis-
tered in the first line of subsection (f) thereof.
AMENDMENT No. 7

Article VI, Section 5, Subsection (a) is amended by substituting
a period for the comma following the word collected in the third
line of paragraph (5), and striking out the remainder of the
paragraph.






AMENDMENT No. 8

Article VI, Section 5, Subsection (a) is amended by adding the
following thereto:
"(11) Budget and Basis of Conir,'butfon.-1. It being found neces-
sary in order to support the administration of this Code and to
maintain the standards of fair competition established hereiunder and
to effectuate the policy of the Act, the Code Authority is authorized:
"(a) To incur such rea.-onable obligations as are necessary and
proper for the foregoing purpos',s, and to meet sirh obligations. out
of funds which may be raised as hereinafter provided and which shall
be held in trust for the purposes of the Code;
"(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes; (2) itemized budgets of the estimated expenses of regional,
state, district and division committees for the foregoing purposes;
(3) an equitable basis of contribution upon which the funds neces-
sary to support the budget of the Code Authority shall be contributed
by all members of the Industries; and (4) equitable bases of contribu-
tion upon which the funds necessary to support the budgets of
regional, state, district, and division committees may be contributed
by all members of the Industries in such regions, states, districts, and
divisions, respectively; all such bases of contribution shall be estab-
lished by the Code Authority.
"(c) After such budget and bases of contribution have been
approved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the Industries, and
to that, end, if necessary, to institute legal proceedings therefore in its
own name.
"2. Each member of the Industries shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority and of other committees established under the Code, deter-
mined as hereinabove provided, and subject to rules and regulations
pertaining thereto issued by the Administrator. Only members of
the Industries complying with the Code and contributing to the ex-
penses of its administration as hereinabove provided, unless duly
exempted from making such contributions, shall be entitled to par-
ticipate in the selection of members of the Code Authority and of
other committees established under the Code, or to receive the benefits
of any of its voluntary activities or to make use of any emblem or
insignia of the National Recovery Administration.
"3. The Code Authority and any committee established under the
Code shall neither incur nor pay any obligation substantially in ex-
cess of the amount thereof as estimated in its approved budget, and
shall in no event exceed the total amount contained in the approved
budget except upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditures in
excess of prior budget estimates except those which the Adminis-
trator shall have so approved."







AMENDMENT NO. 9

Article VI, Section 5 is amended by striking out the second para-
graph of subsection (b) thereof and substituting therefore the
following:
"The regional committee shall maintain the authoritative list of
producers in each region who are complying with all provisions of
the Code. The regional committee shall not continue the name of
any producer on the list who has failed to pay his equitable contribu-
tion as determined by the Code Authority in accordance with the
provisions of the Code."
AMENDMENT No. 10
Article VI, Section 7 is amended by striking out subsection (b)
thereof and substituting therefore the following:
"Producers.-Each producer shall be entitled to one vote, except
as otherwise provided in this Section; provided any such producer
who within one year prior to the effective date has sold and shipped
the products of any or all the industries governed by this Code may
vote individually and separately as a member of any or all such
industries."
AMENDMENT No. 11
Article VI, Section 7 is amended by striking out the word "regis-
tered as it appears in the sixth, eleventh, fourteenth and in the
twenty-ninth lines of subsection (c) thereof, and by adding the fol-
lowing as the last sentence of this subsection: "Only those pro-
ducers complying with the Code shall be eligible to vote."

AMENDMENT NO. 12
Article VI, Section 7 is amended by adding the following as the
last sentence of subsection (d) thereof: bOnly those marketers
complying with the Code shall be eligible to vote.'
AMENDMENT No. 13
Article VI, Section 7 is amended by striking out the word regis-
tered in the fifth line of subsection (e) thereof and by adding the
following as the last sentence of this subsection: "Only those pro-
ducers complying with the Code shall be eligible to vote."
AMENDMENT No. 14
Article VI is amended by striking out Section 10.

AMTENDMrENT No. 15
Article VII, Section 5 is amended by striking out the word regis-
tered as it appears in the fifteenth, twenty-first, and in the twenty--
third lines of subsection (a) thereof.
Approved Code No. 10--Amendment No. 1.
Registry No. 1037-1-01.
O

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