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NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON MAY 5, 1934
GOVERNMENT PRINTING OFFICE
For male by the Superintendent of Documents, Washington, D.C. - Price 5 cents
Approved Code No. 347-Supplement No. 4
Registry No. 1502-03
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Approved Code No. 347-Supplement No. 4
SUPPLEMENTARY CODE OF FAIR COMPETITION
SMALL LOCOMOTIVE MANUFACTURING
As Approved on May 5, 1934
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE SMALL
LOcoMOTIVE MANUFACTURING INDUSTRY
A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY
An application having been duly made pursuant to and in full
compliance with provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Supple-
mental Code of Fair Competition for the Small Locomotive Manu-
facturing Subdivision of Machinery and Allied Products Industry,
and hearings having been duly held thereon and the annexed report
on said Supplemental Code, 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 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 Supplemental 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 Supplemental Code of Fair Competition be and it is hereby
approved on condition that the Associated Builders of Small Loco-
motives shall amend its Articles of Association to the satisfaction of
the Administrator within the time set forth in the Order of the
Administrator, dated April 26, 1934, which order extended the
original period of thirty (30) days set forth in the Executive Order
of March 17, 1934, approving the Basic Code of Fair Competition
for the Machinery and Allied Products Industry.
HUGH S. JOHNSON,
Admin istrator for Industrial Recovery.
A. R. GLANCY,
Division Admin istrator.
May 5, 1934.
REPORT TO THE PRESIDENT
The White House,
SIR: This is a report on the Supplemental Code of Fair Competi-
tion for the Small Locomotive Subdivision of the Machinery and
Allied Products Industry, public hearing having been conducted
thereon in Washington, D.C., December 21, 1933, in accordance with
the provisions of Title I of the National Industrial Recovery Act.
The Associated Builders of Small Locomotives being truly repre-
sentative of this Subdivision of the Machinery and Allied Products
Industry, have submitted a Supplemental Code of Fair Competition
to the Basic Code for the Machinery and Allied Products Industry
approved by you March 17, 1934. The Small Locomotive Industry
is a capital goods industry being engaged in the manufacture for
sale of locomotives of 1200 horse power or less, and/or parts thereof.
This Subdivi-ion suffered to a very great extent from the effects
of the depression.
Production dropped from $6,714,000 in 1929 to about $1,009,000
in 1933, a decline of 85 per cent.
Employment suffered also declining from a total of 1318 persons
in 1929 to 429 in June, 1933, a decrease of 67.4 per cent.
The average hours per week per factory wage earner decreased
from 48.8 hours in June, 1929, to 28.4 hours in October, 1933 a
loss of 41.8 per cent. The average rate per hour for factory workers
was 61.2 cents in June, 1929, 48.9 cents in June, 1933, and 57.3 cents
in October, 1933. showing decreases from June, 1929, of 20.1 per
cent in June, 1933, and 6.4 per cent in October, 1933. Average
weekly earnings for factory workers declined from $29.90 in June,
1929, to $16.28 in October, 1933, or a decrease of 45.6 per cent.
The President's Reemployment Agreement effected improvements
in both factory employment and payrolls. The Code should increase
factory employment about 8.8 per cent and factory payrolls approxi-
mately 2.7 per cent over the corresponding figures of June, 1933.
The Deputy Administrator in his final report to me on said
Supplemental Code having found as herein set forth and on the
basis of all the proceedings in this matter:
I find that:
(a) Said Supplemental Code is well designed to promote the
policies and purposes 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 provide for the general welfare by promoting the organi-
zation 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 super-
vision, 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) Said Subdivision normally employs not more than 50,000
employees; and is not classified by me as a major industry.
(c) The Supplemental Code as approved complies in all respects
with the pertinent provisions of said Title of said Act, including
without limitation Subsection (a) of Section 3, Subsection (a) of
Section 7, and Subsection (b) of Section 10 thereof; and that the
applicant group is an industrial group truly representative of the
aforesaid Subdivision of the Industry; and that said group imposes
no inequitable restrictions on admission to membership therein.
(d) The Supplemental Code is not designed to and will not per-
mit monopolies or monopolistic practices.
(e) The Supplemental Code is not designed to and will not elimi-
nate or oppress small enterprises and will not operate to discriminate
(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, therefore, I have approved this Supplemental
Code on condition that the Associated Builders of Small Locomotives
shall amend its Articles of Association to the satisfaction of the Ad-
ministrator within the time set forth in the Order of the Administra-
tor, dated April 26, 1934, which order extended the original period of
thirty (30) days set forth in the Executive Order of March 17, 1934,
approving the Basic Code of Fair Competition for the Machinery
and Allied Products Industry.
Respectfully, HUGH S. JOHNSOn,
MyAY 5, 1934.
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE SMALL LOCOMOTIVE MANUFACTURING SUB-
A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY
To effectuate the policy of Title I of the National Industrial
Recovery Act, the following provisions are established as a Supple-
mental National Industrial Recovery Code for the Small Locomotive
Manufacturing Subdivision of the Machinery and Allied Products
Industry, and taken together with the National Industrial Recovery
Code of the Machinery and Allied Products Industry, to which it is
a supplement, shall be the standard of fair competition for this
Subdivision and shall be binding on each employer therein.
"Applicant means the Associated Builders of Small Locomotives,
a trade organization, all members of which are engaged in the
manufacture for sale of the products of the Small Locomotive Manu-
facturing Subdivision of the Machinery and Allied Products Indus-
try, which organization is truly representative of this Subdivision.
"Industry means the Machinery and Allied Products Industry
as defined in its National Industrial Recovery Code as approved by
the President, and as such definition may from time to time be
Subdivision means this Small Locomotive Manufacturing Sub-
division of the Machinery and Allied Products Industry as defined
and set forth in Article II of the National Industrial Recovery Code
of the Machinery and Allied Products Industry, as follows:
"' Small Locomotive Subdivision means the manufacture for sale
and selling of locomotives of 600 horsepower or less, and/or parts
thereof, and includes all those engaged in such manufacture for sale:
locomotives of more than 600 horsepower, but not to exceed 1200
horsepower capacity and/or parts thereof may be manufactured for
sale and sold by either this Subdivision or the Locomotive Manufac-
turing Subdivision under 'this Code; provided, however, that such
locomotives propelled by electric motors, including parts thereof for
use therein, may be manufactured for sale and sold either by mem-
bers of this Subdivision under this Code or by members of the Elec-
trical Manufacturing Industry under its Code. Horsepower means
the figure arrived at by multiplying tractive effort (taken at that
speed at which maximum horsepower will be produced) by the speed
in miles per hour and dividing that result by 375."
Code means the National Industrial Recovery Code of the Ma-
chinery and Allied Products Indust-ry as approved by the President
and as from time to time amended.
Person means a natural person, a partnership, a corporation, an
association, a trust, a trustee in bankruptcy, a receiver or other
"Employer means any person engaged in this Subdivision of the
Industry either on his own behalf or as an employer of labor.
Employee means anyone who is employed in the Subdivision
by any such employer.
The Act" means Title I of the National Industrial Recovery
"The President" means the President of the United States.
"The Administrator means the Administrator for Industrial
Basic Code Authority means the Code Authority for the Ma-
chinery and Allied Products Industry as constituted by the Code.
"Code Authority means the Code Authority constituted by this
Subdivision, as provided by the Code and by this Supplemental
Group Code Authority" means the Code Authority for any
group or classification of products within this Subdivision, consti-
tuted under the authority of Article V of this Supplemental Code.
ARTICLE III-ADonoI-o OF EMPLOYMENT PROVISIONS OF CODE
The following Articles of the Code, viz:. Article III, Hours ";
Article IV, Wages "; and Article V, General Labor Provisions ",
are hereby made a part of this Supplemental Code, with the same
effect as if they were written into this Supplemental Code.
ARTICLE IV-ADOPTION OF OTHER PROVISIONS OF CODE
The following Articles of the Code, viz: Article VI, "Administra-
tion," to the extent that it shall be applicable to the administration
of this Supplemental Code as such or as it may hereafter be admin-
istered as an autonomous Code; Article VIII, "Modifications and
Termination "; Article IX, "Withdrawal"; Article X, "Monop-
olies "; and Article XI, "Effective Date" are hereby made a part
hereof and with the same effect as if they were written into this
(a) A Code Authority for this Subdivision is hereby constituted
to ad minister, supervise and facilitate the enforcement of the Code
and of this Supplemental Code in the manner and to the extent
provided in the Code and in this Supplemental Code. This Code
Authority is to consist of-
(1) The Executive Committee of Associated Builders of Small
Locomotives consisting of not less than three (3) nor more than
seven (7) members.
(2) One additional member to be elected in any fair manner with
the approval of the Administrator by employers in this Subdivision
entitled to vote thereon as hereinafter provided but who are not
I See paragraph 2 of order approving this Code.
members of the Applicant, if so desired by such non-members. The
administrator may at his discretion appoint one additional member
(without vote and without expense to the Industry).
(b) Any employer in this Subdivision shall be eligible for mem-
bership in the Associated Builders of Small Locomotives.
(c) The employers within this Subdivision, at a meeting called
for that purpose within sixty (60) days after the effective date, may
adopt rules and regulations to govern the activities and procedures
of Code Authority which are not inconsistent with the provisions
of the Code of the Machinery and Allied Products Industry or of
this Supplemental Code or of the Act. They may also authorize
the Code Authority to employ such personnel as it may deem neces-
sary. Such action may be amended from time to time by a vote of
the employers within this Subdivision taken in the manner herein-
(d) Any employer in this Subdivision shall be entitled to vote
at meetings of employers and, subject to Subsection (2) of Subdivi-
sion (a) of this Article, at the election of the one additional member
of Code Authority and share in the benefits of the activities of Code
Authority and may participate in any endeavors of Code Authority
in the preparation of any amendments or revisions of or additions
or supplements to this Supplemental Code, by paying or agreeing
to pay, as and when assessed, his or its proper pro rata share of the
reasonable cost of creating and administering this Supplemental
Code, as determined by Code Authority. Each employer shall pay
his or its proper pro rata share of such cost as so determined.
(e) At meetings of employers, each employer shall have the right
to cast one vote and the concurring vote of a majority of the employ-
ers present in person or by proxy shall, except as herein otherwise
provided, be necessary to carry any question.
(f) Employers in this Subdivision having a common interest and
common problems may be grouped by Code Authority for adminis-
trative purposes. There shall be a Group Code Authority approved
or appointed by Code Authority for each such Group.
(g) If formal complaint is made to Code Authority that pro-
visions of this Supplemental Code have been violated by any em-
ployer, Code Authority or the proper Group Code Authority may
cause such investigation or audit to be made to the extent permitted
by the Act, as may be necessary. If such investigation is made. by
Group Code Authority, it shall report the results of such investiga-
tion or audit to Code Authority for action.
ARTIOLEi VI-TRADE PRACTICES
(1) No employer shall secretly directly or indirectly offer or make
any payment or allowance of a rebate, refund, commission, credit,
unearned discount, or excess allowance, whether in the form of
money or otherwise, nor shall an employer secretly offer or extend
to any customer any special service or privilege not extended to all
customers of the same class, for the purpose of influencing a sale.
(2) No employer shall publish advertising (whether printed,
radio, display, or of any other nature), which is misleading or
inaccurate in any material particular, nor shall any member in
any way misrepresent any goods (including but without limitation
its use, trademark, grade, quality, quantity, origin, size, substance,
character, nature, finish, material, content or preparation) or credit
terms, values, policies, services, or the nature or form of the business
(3) No employer shall publish or circulate unjustified or un-
warranted threats of legal proceedings which tend to have the effect
of harrassing competitors or intimidating their customers.
(a) As provided by Section 10 (b) of the Act, the President may
from time to time cancel or modify any order, approval, license, rule
or regulation issued under Title I of the Act.
(b) Any amendments, additions, revisions, or supplements of this
Supplemental Code, proposed by Code Authority and authorized
by the affirmative vote of two-thirds of the employers shall be in full
force and effect upon approval by the Administrator. The eligibility
requirements, method, and effect of such voting shall be the same
as provided by Article V hereof.
As is provided by Article IX of the Code. upon thirty (30) days'
notice to Basic Code Authority and to the Idministrator, this Sub-
division may, upon the affirmative vote of not less than two-thirds
of the employers within this Subdivision, withdraw from the juris-
diction of the Basic Code Authority. The eligibility requirements,
methods and effect of such voting shall be the same as provided by
Article V hereof. After and in the event such withdrawal is ac-
complished, this Supplemental Code, together with the provisions
of the Code, shall become and be the sole Code governing this Sub-
division, and.Code Authority shall, for this Subdivision, become
and be the sole Code Authority, and shall perform all the functions
with respect thereto, including the functions now imposed upon
the Basic Code Authority.
Applicant imposes and shall impose no inequitable restrictions
on membership therein. The Supplemental Code presented by it
is not designed to promote monopoly, and shall not be so construed
or applied a, to oppress or eliminate small enterprises or discrimi-
nate against them, and i, designed to effectuate the policy of the Act.
ARTICLE X-EFFECTIVE DATE
This Supplemental Code shall become effective and binding on
all persons engaged in the Subdivision on the eleventh day after
its approval by the President and shall not be otherwise effective.
Approved Code No. 347-Sup'ilemeiit Nu. 4
Registry No. 1502-03.
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