NATIONAL RECOVERY ADMINISTRATION
AMENDMENT TO SUPPLEMENTARY
CODE OF FAIR COMPETITION
(A Division of the Construction Industry)
AS APPROVED ON JANUARY 26, 1935
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Approved Code No. 244C-Amendment No. 1
Registry No. 1311-01
UNIV. OF- FL La.
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Approved Code No. 244C-Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
ELEVATOR MANUFACTURING INDUSTRY
As Approved on January 26, 1935
APPROVING AlIEN11DMENT OF SUPPLEMENTARY CODE OF FAIR COMPETI-
TION FOR THE ELEVATOR MANUFACTURING INDUSTRY
A DIVISION OF THE CONSTRUCTION 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 Elevator Manufactur-
ing Industry, a Division of the Construction Industry, and due
notice and opportunity to be heard having been given 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, the National Industrial Recovery Board, pursuant to
authority vested in it by Executive Orders of the President, includ-
ing Executive Order No. 6859, dated September 27, 1934, and other-
wise; does hereby incorporate by reference said annexed report and
does find that said amendment, and the Code as constituted after
being amended comply in all respects with the pertinent provisions
and will promote the policies and purposes of said title of said act;
and does hereby order that said amendment be and it is hereby ap-
proved, and that the previous approval of said Code is hereby
amended to include an approval of said Code in its entirety as
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
WALTER G. HOOKE,
Acting Division Adtini ;i,/ator.
WASIIINGTON, D. C.;
January 2G, 1935.
112180 --1465-114-----35 ( 1
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on an amendment to the Supplementary
Code of Fair Competition for the Elevator Manufacturing Industry,
a Division of the Construction Industry, which was approved by
you on March 21, 1934.
In amending Article III, by adding a new section to be known
as Section 4, the Code Authority will be enabled to enforce assess-
ments. It has been found necessary to ask for this mandatory
assessment provision as many members of the Industry have not
been contributing to the support of the Code Authority. This amend-
ment will correct a condition which has resulted in unfairness to
those who have been contributing, by enabling the Code Authority
to collect funds for Code administration from all of the members
of this Industry.
The Deputy Administrator in his final report on said amendment
to said Code having found as herein set forth and on the basis of
all the proceedings in this matter:
The Board finds that:
(a) The amendment to said Code and the Code as amended are
well de.-igned 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 gen-
eral welfare by promoting the organization of industry for the pur-
pose of cooperative action of labor and management under adequate
governmental -anction and supervision, by eliminating unfair com-
1pctitive practices, by promoting the fullest possible utilization of
the pricsniit productive capacity of industries, by avoiding undue
reI.triction of production (except as may be temporarily required),
by incrca:-ing the con-uniption of industrial and agricultural prod-
ucts through incirea-inL purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
(b) The Code as amended complies in all respects with the per-
tinent provisions of said Title of said Act, including without limita-
tion subs.ection (a) of Section 3, subsection (a) of Section 7 and
subsection (b) of Section 10 thereof.
(c) The Code empowers the Divisional Code Authority to present
the afor.esaid 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 ameiided 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
For these reasons, therefore, the National Industrial Recovery,
Board has approved said andmdment to the Elevator Manufacturing
Industry's Chapter of the Code of Fair Competition of the Con-
For the National Industrial Recovery Board:
W. A. HARRIMAN,
JANUARY 26, 1935.
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COM-
PETITION FOR THE ELEVATOR MANUFACTURING
A DIVISION OF THE CONSTRUCTION INDUSTRY
Amend Article III by adding a new section to be known as Section
4, and to read as follows:
SECTION 4. 1. It being found necessary in order to support the
administration of this Code and to maintain the standards of fair
competition established hereunder and to effectuate the policy of the
Act, the Divisional Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such 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 National Industrial Recovery Board for its
approval, subject to such notice and opportunity to be heard as it
may deem necessary (1) an itemized budget of its estimated expenses
for the foregoing purposes and (2) an equitable basis upon which
the funds necessary to support such budget shall be contributed by
members of this Division;
(c) After such budget and basis of contribution have been ap-
proved by the National Industrial Recovery Board, to determine
and obtain equitable contribution as above set forth by all members
of this Division, and to that end, if necessary, to institute legal
proceedings therefore in its own name.
2. Each member of this Division shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the National Industrial
Recovery Board. Only members of this Division complying with the
Code and contributing to the expenses of its administration as here-
inabove provided, unless duly exempted from making such contribu-
tions, shall be entitled to participate in the selection of members of
the Divisional Code Authority 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 Divisional Code Authority shall neither incur nor pay any
obligations substantially in excess of the amount thereof as estf-
mated in its approved budget, and shall in no event exceed the total
amount contained in the approved budget, except upon approval of
the National Industrial Recovery Board; and no subsequent budget
shall contain any deficiency item for expenditures in excess of prior
budget estimates except those which the National Industrial Recov-
ery Board shall have so approved.
Approved Code No. 244C-Amendment No. 1.
Registry No. 1311-01.
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