Amendment to code of fair competition for the wrecking and salvage industry as approved on October 26, 1934


Material Information

Amendment to code of fair competition for the wrecking and salvage industry as approved on October 26, 1934
Portion of title:
Wrecking and salvage industry
Physical Description:
5 p. : ; 24 cm.
United States -- National Recovery Administration
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Wrecking -- United States   ( lcsh )
Salvage (Waste, etc.) -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1616-104."
General Note:
"Approved Code No. 318--Amendment No. 1."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 650539422
System ID:

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Approved Code No. 318-Amendment No. 1

Registry No. 1616-104

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Approved Code No. 318--Amendment No. 1



As Approved on October 26, 1934


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 amendments
to a Code of Fair Competition for the Wrecking and Salvage Indus-
try, and hearings having been duly held thereon and the annexed
report on said amendments, 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 author-
ity vested in it by Exeentive Orders of the President, including
Executive Order No. 6859, and otherwise does hereby incorporate by
reference, said annexed report and does find that said amendments
and the Code as con-tituted 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 amendments be and they are 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, such approval and
such amendments to take effect fifteen (15) days from the date hereof,
unless good cause to the contrary is shown to the National Industrial
Recovery Board before that time and the National Industrial Recov-
ery Board issues a sulb)-.quent order to that effect:
PROVIDED, HOWEVER, that the proposed amendment which
would add the States of Arkansas and Texas to those at present set
forth in Section 1, Paragraph C of Article IV of the Code is hereby
denied and the present provision of said Section and Paragraph of
Article IV is to remain in full force and effect.
By G. A. LYNCH, A duin; in.strat'c Officer.
Approval recommended:
Acting Division A inhi isitrator.
October 2;, 1934.
93646*--1244-101-34 (1)


The hl'i ;tf House.
SIR: This is a report on Amendments to the Code of Fair Compe-
tition for the Wrecking and Salvage Industry, as approved by the
Administrator for Industrial Recovery on March 3, 1934.
The purpose of the Amendments as approved is to define, for this
Industry, the Metropolitan area of the City of New York. The fur-
ther pIurp o.e of the Amendments is to enable the Code Authority to
-Ill:unit a budget. and basis of assessment and to give it power to
institute legal proceedings, if necessary, for the collection of assess-
nentk, to provide for the ,registration of members of the Industry
and other features that will materially aid in the effective adminis-
tration of this Code.
The Deputy Administrator in his final report to the Board on said
Amiiendments to said Code having found as herein set forth and on
the basis of all the proceedings in this matter;
The National Industrial Recovery Board finds that:
(a) The Amendmnents to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
,National Inldustrial 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 wel-
fare by promoting the organization of industry for the purpose of
cooperative action of labor and management under adequate govern-
nm(ntail sanction and supervision, by eliminating unfair competitive
practices, by promoting the fullest possible utilization of the present
productive capacity of industries, by avoiding undue restriction of
produ. tion (except as may be temporarily required), by increasing
the consumption of industrial and agricultural products through
increasing purchasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise rehabilitat-
ing industry.
(b) The Code as amended complies in all respects with the perti-
nent provi-sions 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 Amendments and the Code as amended are not designed
to and will not permit, monopolies or monopolistic practices.
(d) The Amendm(nnts and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to dis,'rim1inate 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
For these reasons these Amendments have been approved.
For the National Industrial Recovery Board:
Administrative Officer.
OCTOBER 26, 1934.


1. To modify Article II by adding the following section to be
known as 12:
12. The term metropolitan area of the City of New York"
is defined to nmeiin the area within the territorial limits of the
City of New York.
2. To amend Article III by the addition of the follow iTng spc ion,
to be known as 7:
7. No employer shall knowingly permit any employee to work
for any time which, when added to the time spent at work for
another eniployer or employers in this industry (or otherwise),
exceeds the ma xiimnIm permitted hours.
3. Article IV to be amended as follows:
(a) Amend 1 (c) to read:
(c) Thirty cents (30) per hour in the States of Alabalni,
North Carolina. South Carolina, Georgia, Florida, Mississippi,
Louisiana, Tennesee, Arkansas and Texas.
(b) To add the following section to be known as 6:
6. Wages as they become due shall be payable in lnwful cur-
rency of the United States, or by negotiable check therefore
payable on demand at par. If wages are paid by che.'k, the
employer shall provide rea snnlbly acce--ible facilities for cash-
ing such checks at face value without expense to the employee.
Employers shall also provide such identification as is necessary
to utilize such facilities. These wages shall be exempt fromii
any payments for peil-ionw, insurance or sick benefits other than
those voluntarily paid by the wage earni,':s, or required by law.
Wages shall be paid at least semi-monthly. Employers or their
agents shall not accept, directly or indirectly, reb tces on such
wages, nor give anything of value, nor extend any favors to any
persons for the prlpoe of influencing rates of in tges or working
con editions of their employees.
(c) Almend 3 (c) by adding the following sentence:
The empniloynimnt of person- whose earning capacity is limited
becaIuse of age or phy-.ienl or mental handicap, shall be subject
to rules and regulations approved or prescribld by the President.
4. To amend Article V, as follows:
(a) Substitute a new 5, to read:
5. No provision in this Code shall supersede any State or
Federal law which imposes on employers more stringent re-
quirements as to age of employees, wages, hours of work, or as
to safety, health, sanitary or general working conditions, or
insurance, or fire protection than are imposed by this Code.
Every employer shall comply with the Workmens Compensation
laws of the State in which operations are carried on.

(b) Substitute a new 7, to read:
7. All employers shall post and keep posted copies of this
Code in conspicuous places accessible to all employees at both
yard and site. Every member of the industry shall comply
with all rules and regulations relative to the posting of pro-
visions of the Code of Fair Competition, which may from time
to time be approved or prescribed by the National Industrial
Recovery Board.
(c) Delete 8 making 9 and 10 become 8 and 9.
(d) Substitute a new 9 to read:
9. Every employer shall provide for the safety and health of
employees during the hours and at the places of their employ-
ment. Standards for safety and health shall be substituted by
the Code Authority to the National Industrial Recovery Board
within sixty days after the effective date of this Amendment.
After approval, such standards shall become the minimum stand-
ards of safety and health for all members of this Division.
5. To amend Article VI, as follows:
(a) Substitute a new 5, to read:
5. If the National Industrial Recovery Board shall at any
time determine that any action of the Code Authority or any
agency thereof may be unfair or unjust or contrary to the pub-
lic interest, the National Industrial Recovery Board may require
that such action be suspended to afford an opportunity for in-
vestigation of the merits of such action and further considera-
tion by such Code Authority or agency pending final action
which shall not be effective unless the National Industrial Re-
covery Board approves or unless it shall fail to disapprove after
thirty (30) days' notice to it of intention to proceed with such
action in its original or modified form.
(b) Amend 6 (d) by adding the following sentence:
Provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code.
(c) Delete (g) and (h) of 6, and (i), (j), (k) and (1) becoming
(g), (h), (i) and (j).
(d) Substitute a new 7, to read:
7. 1. It being found nece-.sary in order to support the admin-
istration of this code and to maintain the standards of fair com-
petition established hereunder and to effectuate the policy of the
Act, the 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 nece-sary (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 imenbers of the industry;
(c) After such budget, and basis of contribution have been
approved by the National Industrial Recovery Board, to de-
termine and obtain equitable contribution as above set forth by

all members of the industry, and to that end, if necessary, to
institute legal proceedings therefore in its own name.
2. Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code
Authority, determined a: hereinabove provided, and subject to
rules and regulations pertaining tlhercto issued by the Adminis-
trator or the National Industrial Recove-ry Board. Only mem-
bers of the industry complying with the code and contributing
to the expenses of its administration as hereinabove provided,
(unless duly exempted from making si.-i' c, ntribution) shall be
entitled to participate in the selection of nu inbhert of the 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 Recver Ari ini-t !-:tion.
3. The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estilmatr',l
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 Recovery Board shall have so approved.
(e) To add a new section, to be known as 8:
8. Each member of the industry within thirty (30) dl;ys
after the approval of the amendlimeits to this code shall regi,-ter
with the Code Authority. All members of this indii-try who
may engage in this industry thereafter shall likewi-e register
with the Code Authority. Registration of a member'of this
industry shall include the full name and mailing addr-ll- of the
ntimlmer. An application shall be made by the Code Authority
to the National Industrial Recovery Board for an (extlenion of
the time limit for the registration by any member of this in-
dust ry, if it appears that the time limit as provided herein might
cause injustice or undue hardl.-ip to any member of this
(f) Add a new section, to be known as 9:
9. Nothing contained in this Code shall consititute the mem-
bers of the Code Authority partners for any purpose. Nor
shall any mCember of the Code Authority be liable in any man-
ner to anyone for any act of any other member, officer, agent, or
employee of the Code Authority. Nor shall any member of the
Code Authority, exercising reasonable diligence in the conduct
of his duties hereunder, be liable to anyone for any action or
omission to act under this Code, except for his own wilful mal-
feasance or non-feasance.
Approved Code No. 318--Aumendmeint No. 1.
Registry No. 1616-104.

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