UNIVERSITY OF FLORIDA
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3 1262 08482 9117
iendment No. 2
Registry No. 1026-01
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON APRIL 1,1935
WE DO OUR PART
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Approved Code No. 31-Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
As Approved on April 1, 1935
AMENDED CODE OF FAIR COMPETITION FOR THE LIME INDUSTRY
An application having been duly made pursuant to and in full
(compliance with the provisions of TIitle I of the National Industrial
Recovery Act, approved June 16, 1933, for the approval of an
amended Code of Fair Competition for the Lime Industry, and hear-
ings having been held thereon and the annexed report on the said
amended 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, the National Industrial Recovery Board, pursuant to the
authority vested in it by Executive Orders of the President, including
Executive Order No. 6659, and otherwise, does hereby incorporate
said annexed report and does find that said Code as constituted after
being amended complies with the pertinent provisions and will pro-
mote the policy and purposes of said Title of said Act, and does
hereby order that the Code as amended be and it is hereby approved:
(1) PROVIDED, HOWEVER, that the operation of the pro-
visions of Subsections (f) and (g) of Section 3 of Article VIII of
said amended Code be and it is hereby stayed as to all parties sub-
ject thereto pending the further order of the National Industrial
Recovery Board to afford the Industry in conjunction with the Na-
tional Recovery Administration an opportunity to make a further
study of said provisions, said study to be completed within a period
of ninety (90) days from the effective date of this amended Code;
(2) PROVIDED FURTHER, that the operation of the pro-
visions of Sections 6 and 9 of Article VIII, and subparagraphs
thereunder, of said amended Code be and it is hereby stayed as to
all parties subject thereto pending the further order of the National
Industrial Recovery Board to afford the Industry an opportunity to
make a further study of said provisions, said study to be completed
within a period of ninety (90) days from the effective date of this
amended Code; and
(3) PROVIDED FURTHER, that the operation of the pro-
visions of Sections 14 and 15 of Article IX of said amended Code
be and it is hereby stayed as to all parties subject thereto, pending
determination of policy by the Board with respect to the subjects
(4) PROVIDED FURTHER, that the Research and Planning
Division of the National Recovery Administration and the Trade
Relations Committee of the National Lime Association shall make a
further study and report fully to the National Industrial Recovery
Board on or before June 15, 1935, as to the effect, if any, of said
multiple basing point provisions, since the effective date of the Code
on prices to consumers, and any effects of the system in either permit-
ting or encouraging price fixing, or providing unfair competitive
advantages for producers, or disadvantages for consumers; and
(5) PROVIDED FURTHER, the National Industrial Recovery
Board reserves the right to stay or modify said multiple basing point
provisions, at any time, upon such notice and hearing as the Board
may, in its discretion, deem necessary.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
W. P. ELLIS,
Division Adm in'istrator
WASHINGTON, D. C.,
April 1, 1935.
Approved Code No. 31-Amendment No. 2 Registry No. 1026-01
CODE OF FAIR COMPETITION
As Approved on April 1, 1935
Page one, paragraph 2, of order approving Code, 4th line, Exec-
utive Order No. 6659 should be Executive Order No. 6859."
Paragraph 4, of order approving Code, 2nd line, "Sections 6
and 9 should be sections 8 and 9."
Page 7, Article II, Section 9, 3rd line, "Article VII" should be
Page 18, Article VIII, Section 3a, 2nd line, the clause "notify
said manufacturer of such receipt" should read "notify said man-
ufacturer of the time of such receipt."
V. S. GOVERNMENT PRINTI'M -%CE: 193lS
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REPORT TO THE PRESIDENT
The White House.
SIR: The original Code of Fair Competition for the Lime Indus-
try was approved October 3, 1933. Upon the protest of several
groups of manufacturers in the Industry demands were made for a
revision in part or in whole of the original Code. To that end a
public hearing was held on May 24, 1934. Every person who re-
quested( an appearance was properly heard in accordance with statu-
tory and regulatory requirements. The Code was revised during the
recess of this hearing and was submitted in its final form for ap-
proval by a duly authorized committee of the Code Authority, acting
upon a resolution adopted at a meeting of the Industiry held May
23, 1934, in Washington, D. C.
The Lime Industry includes the mining or quarrying of limestone
and the manufacture of lime by the burning of such limestone or
other calcareous materials and the processing of Industry Products
and the original sale of such Industry Products by a Member of
Industry. In general it may be said that 50 per cent of the lime
product in the United States is used in the Chemical Industry, about
40 percent for building purposes, and 10 percent for agricultural
purposes. Lime for chemical purposes is used in metallurgy, as
refractory lime, and in paper mills, glass works, tanneries, sugar
refineries and other uses in the order named, as also in the manu-
facture of calcium carbide. Lime is utilized in many ways in the
building industry-in masonry mortar, plaster, etc. In agriculture,
lime serves to correct soil acidity, and is being increasingly used
for that purpose.
The Lime Industry in general may be said to be a small Industry.
The statistics furnished by the National Lime Association indicate
that there are approximately 390 members in the United States. 112
of whom are spasmodic producers and who produce less than 500
tons of lime per year. There are approximately 60 sizeable plants
located in the south and 177 sizeable plants located in the north.
The total estimated tonnage produced in 1933 was 2,100,000 tons
having an estimated value of $13,165,000.00. In order to produce
this tonnage approximately 6,500 employees were required.
The Lime Industry for many years has been on a decline; this
decline having been effective even as much as three years prior to
1929. Possibly one of the outstanding reasons for this decline is
that the Industry must naturally take its cyclic position in the cycles
to which the building industry is subject. In addition to this, lime
has been subject to the competition of gypsum and cement and the
use of such products as have dispensed with the need for plaster.
The Lime Industry is spread pretty well over the entire United
States, with some 177 sizeable plants in the north and 60 in the
south. The largest number of plants are to be found, in the order of
their rank, in Pennsylvania, Virginia, Ohio, Wisconsin, Missouri,
Tennessee and Texas. The largest producers of lime for building
purposes are to be found in Ohio, Pennsylvania, Massachusetts and
Missouri. Pennsylvania, Ohio, Mi.soiuri and West Virginia comprise
the principal producers of chemical lime. l(Mo t of the agricultural
lime comes from Pennsylvania, Ohio, Maryland and Virginia.
The Lime Industry at the present time is operating at about 30
per cent capacity. It is hoped that with the return of business nor-
malcy the Lime Industry may again take its rightful position in
Industry, and it is hoped that it may reach the peak of 1925 produc-
tion when 4,580,823 tons, having a value of $42,609,141.00 were pro-
duced and employing over 12,000 employees.
The hours proposed in this Code represent a material reduction
over pre-code operations. The wage rates proposed for this Code
represent a substantial increase over pre-code rates, in fact the pro-
posed wage rates based upon present conditions of operation repre-
sent an annual increased payroll of approximately $1,500,000.00.
The Deputy Administrator in his final report to us on said amend-
ment to said Code having found as herein set forth and on the basis
of all the proceedings in this matter:
We find that:
(a) The amendment to said Code and the Code as amended are
well 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 wel-
fare by promoting the organization of Industry for the purpose
of cooperative 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 relieving
unemployment, by improving standards of labor, and by otherwise
(b) The Code as amended in all respects with the pertinent pro-
visions of said Title of said Act, including without limitation Sub-
section (a) of Section 3, Subsection (a) of Section 7 and Subsection
(b) of Section 10 thereof.
(c) The National Lime Association was and is an industrial asso-
ciation truly representative of the aforesaid Industry and that said
association imposed and imposes no inequitable restrictions on admis-
sion to membership therein and consents to this statement.
The Dolomitic Refractories Institute is an industrial association
truly representative of that portion of the aforesaid Industry affected
by the said amendment, and that said association imposes no inequi-
table restrictions on admission to membership therein and consents
to this amendment.
(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 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
I analyze said amendment and find as set forth in the enclosed
draft of a letter to be transmitted by you to the President, said
analysis and findings being incorporated herein by reference. Said
amendment is accordingly recominiended for your approval.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
A dini fslra.tihe Officer.
APRIL 1, 1935.
AMENDED CODE OF FAIR COMPETITION FOR THE LIME
To effectuate the policies of Title I of the National Industrial
Recovery Act, this Code is established as a Code of Fair Competition
for the Lime Industry, and its provisions shall be the standards of
fair competition for such Industry and be binding upon every
SECTION 1. Wherever used in this Code or any supplement apper-
taining thereto, the terms enumerated in this Article II shall have
the meanings herein defined, unless the context shall otherwise clearly
SECTIoN 2. The terms President ", "Act ", "Board and Code"
shall mean respectively the President of the United States, Title I
of the National Industrial Recovery Act, the National Industrial
Recovery Board as created by Executive Order #6859 of September
27,1934, and the Code of Fair Competition for the Lime Industry as
approved on October 3, 1933.
SECTION 3. The term "Lime Industry or Industry includes the
mining or quarrying of limestone (calcareous or dolomitic) for use
in the manufacture of industry products and/or the manufacture of
lime by the burning of such limestone and/or other calcareous ma-
terials and/or the processing of Industry Products and the original
sale of Industry Products by a Member of the Industry, directly or
indirectly, either by himself or his agent, and includes without limi-
tation any person or corporation occupying a subsidiary or control-
ling relationship or one of common, mutual or joint ownership or
control to a Member of the Industry.
SECTION 4. The term "Industry Products" includes:
(a) Lime-a product manufactured by the burning of limestone
(calcareous or dolomitic) and/or other calcareous materials com-
posed of the oxide or hydroxide of calcium and/or calcium and
magnesium as the principal constituent and sold for industrial, con-
struction or agricultural uses.
(b) Slaked lime.
(c) Masonry cement of which the principal constituent is the
oxide or hydroxide of calcium and/or calcium and magnesium, and
which is manufactured at a lime plant. n
(d) Such other products, natural or processed, of which the prin-
cipal constituent is the oxide or hydroxide of calcium and/or cal-
cium and magnesium.
(e) The calcareous or dolomitic by-products of other industries,
not including agricultural limestone, sold or offered-for sale in com-
petition with Industry Products of this Industry. Industry products
shall also include burned limestone (calcareous or dolomitic) used for
refractory and/or fluxing purposes irrespective of the extent of
burning or other refinements after burning.
(f) For the purposes of this Code, Menmbers of the Industry man-
ufacturing and/or selling as an original sale dolomitic lime for re-
fractory purposes irrespective of the extent of burning or other refine-
ments, shall be governed by the provisions outlined in Schedule
"B attached hereto and made a part of this Code.
SECTION 5. The term ""Memiber of the Industry" includes, but
without limitation, any individual, partnership, association, corpo-
ration or other form of enterprise engaged in the Indu-try either
as an employer or on his or its own behalf.
SECTION 6. The term "employer" means and includes anyone by
whom any such employee is employed or compensated.
SErCTION 7. The term employee" means and includes any individ-
ual engaged in the Industry in any capacity receiving compen-ation
for his services, irrespective of the nature or method of payment of
such compensation, except a Member of the Industry.
SECTION 8. The term "district", unless the context otherwise
clearly indicates, shall mean a Lime Industry Manufacturing Dis-
trict established in Schedule "A" of this Code attached hereto and
made a part hereof.
SECTION 9. The term "low rate area" shall mean that area sur-
rounding a rail basing point estal listed by the District Control Com-
mittee as provided for in Article VII, Section 2, Subl)section (b),
which shall include all destinations to which such basing point has a
minimum carload rail freight rate for Industry Products manufac-
tured in such low rate area, lower than or equal to the minimum car-
load rail freight rate from another rail basing point on like Industry
Products of similar grade and quality.
SECTION 10. The term dealer" includes, but without limitation,
any individual, partnership, association, corporation or other form
of enterprise, either as an employer or on his or its own behalf, regu-
larly engaged in the business, in whole or in part, of purcli aiing
Industry Products at wholesale for resale and/or distribution as a
retailer. For the purposes of this Code, the term "dealer includes,
but without limitation, "Building Supply Dealers" and "Agricul-
tural Dealers ", who are described as follows:
(a) A Building Supply Dealer is defined as any individual,
partnership, association, corporation, or other form of enterprise en-
gaged either as an employer or on his or its own behalf engaged in
the Builders Supply Trade, buying at wholesale for resale at retail.
(b) An "Agricultural Dealer" is defined as a dealer in agricul-
tural supplies, who purchases agricultural lime in wholesale quanti-
ties for resale at retail, and who regularly solicits the business of and
renders a dealer service to agricultural consumers in his locality.
SECTION 11. A jobber" is any individual, partnership, associa-
tion, corporation or other form of enterprise who buys Industry
Products and resells at wholesale for his own account.
SECTION 12. An "agent" is any individual, partnership, associa-
tion, corporation, or other form of enterprise regularly engaged in
selling Industry Products .on a commission basis for a Mem ilber or
Members of Industry to retailers and/or consumers with whom he
is not connected or related in business. For the purposes of this
Code, the term "agent" shall mean jobbers, distributors or brokers,
but provided further, that "jobber" as herein referred to is in con-
tradistinction to the term "jobber" as used in Section 11.
ARTICLE III-HOURS OF LABOR
SECTION 1. No employee, except as herein otherwise provided,
shall be permitted to work in excess of forty (40) hours in any one
(1) week or eight (8) hours in any twenty-four (24) hour period;
or more than six (6) days in any seven (7) day period.
EXCEPTIONS AS TO HOURS
SFCION 2. The maximum number of hours established in the fore-
going Section 1 of this Article III shall not apply to:
(a) Watchmen, who shall be permitted to work not more than
fifty-six (56) hours in any one (1) week.
(b) Persons engaged during any period in which a concentrated
demand shall place an unusual or temporary burden upon produc-
tion facilities, or to meet seasonal or peak requirements or production
emergencies; provided, however, that any employee so employed
shall be paid not less than one and one-half (11/2) times the regular
wage rate for all hours worked in excess of forty (40) hours in any
one (1) week, or eight (8) hours in any twenty-four (24) hour
period, and provided further, that in no event shall the total work-
ing hours of any such employee so employed averaged over a three
(3) month period exceed forty (40) hours per week.
SECTION 3. The maximum provisions established in the foregoing
Section 1 of this Article III shall not apply to:
(a) Employees engaged in emergency maintenance or emergency
repair work involving breakdown or protection of life or property;
provided, however, that not less than one and one-half (1%) times
the regular wage rate for any employee so employed shall be paid for
all hours worked in excess of forty (40) hours in any one (1) week,
or eight (8) hours in any twenty-four (24) hour period.
(b) Persons in a managerial, executive, supervisory or technical
capacity and their immediate assistants (excluding skilled produc-
tion workers); provided, that this exception shall apply to no such
employee who is paid less than at a rate of Thirty-Five Dollars
($35.00) per week. This exception, however, shall not be so con-
strued as to include foremen regularly engaged in manual labor.
(c) Outside sales and sales service employees.
EMPLOYMENT BY SEVERAL EMPLOYERS
SEcTIoN 4. No employer shall knowingly permit any employee to
work for any time which when added to the time spent at work for
another employer or employers in this Industry or any other Indus-
try, or in kny Trade, exceeds the maximum permitted herein.
SECTION 1. No employee, except as herein otherwise provided, shall
be paid in any pay period less than at the rate of thirty (30) cents
per hour in all territory south of the northern boundary of Virginia,
Tennessee, Oklahoma, New Mexico, Arizona, Arkansas and that sec-
tion of southwestern Missouri included within the boundaries of
Jasper, Lawrence, Greene, Newton and McDonald Counties, known
as the manufacturing section, and in all other territory no employee
shall be paid less than at the rate of thirty-seven and one-half
(371/2) cents per hour, except, in Rockcastle County, Kentucky, where
the thirty (30) cent minimum rate shall apply. This minimum wage
shall apply only to common or totally unskilled labor. Other classes
of labor shall be compensated at rates above such minimum.
PIECEWORK C(I M PENSATION-M I NIMUM WAGES
SECTION 2. This Article IV establishes a minimum rate of pay
for any pay period which shall apply, irrespective of whether an
employee is actually compensated on a time rate, piecework, or other
CLERICAL AND OFFICE EMPLOYEES
SECTION 3. No clerical or office employee, or watchman, shall be
paid in any period less than at the rate of Fifteen Dollars ($15.00)
per week in any city of over 500,000 population, or in the immediate
trade area of such city; or less than at the rate of Fourteen Dollars
and Fifty Cents ($14.50) per week in any city of between 250,000
and 500,000 population, or in the immediate trade area of such city;
or less than at the rate of Fourteen Dollars ($14.00) per week in any
city of between 2,500 and 250,000 population, or in the immediate
trade area of such city; or less than at the rate of Twelve Dollars
($12.00) per week in any city of less than 2,500 population. Popu-
lation for the purposes of this paragraph shall be determined by
reference to the 1930 Federal Census.
WAGES ABOVE THE MINIMUM
SECTION 4. Adjustments of wages with respect to wages above the
minimum shall be made within thirty (30) days after the effective
date of this Code by each employer who has not heretofore made
such adjustments since the enactment of the National Industrial
Recovery Act. Such adjustments shall mean the maintenance of a
differential at least as great in amount as that existing between the
wage rates for such employment and the then existing minima sub-
sequent to the date of the last adjustment made prior to the Code
approved October 3, 1933. In no event, however, shall hourly rates
of wages be reduced in making such adjustments. Within sixty (60)
days after the effective date of this Code each Member of the In-
dustry shall make a report of such adjustment whether made prior
to or subsequent to the date of approval of this Code to the Code
SECTION 5. A person whose earning capacity is limited because
of age or physical or mental handicap or other infirmity may be
employed on light work at a wage below the minimum established
by this Code if the employer obtains from the state authority desig-
nated by the United States Department of Labor a certificate au-
thorizing his employment at such wages and for such hours as shall
be stated in the certificate. Each employer shall file monthly with
the Code Authority a list of all such persons employed by him,
showing the wages paid to, and the maximum hours of work for
PAYMENT OF WAGES
SECTION 6. Each employer shall make payment of all wages in
lawful currency, or by negotiable check therefore, payable on demand.
These wages shall be exempt from any deductions other than those
voluntarily authorized to be deducted by an employee or required
by law. Pay periods for wages shall be at no greater interval than
every semimonth, and salaries at no greater interval than every
month. No employer shall withhold wages except as otherwise
provided hereinabove. Unused merchandise tokens or store orders
issued to employees and held by them at the end of a pay period
shall be redeemed in cash or by negotiable check.
ARTICLE V-GENERAL LABOR PROVISIONS
SECTION 1. No person under eighteen (18) years of age shall be
employed in the Industry, except in clerical, office, sales, service,
technical and engineering department office duties, and no person
under sixteen (16) years of age shall be employed in any capacity.
In any state an employer shall be deemed to have complied with
this provision as to age if he shall have on file a certificate duly
signed by the authority of such state empowered to issue employ-
ment or age certificates or permits showing that the employee is of
the required age.
PROVISIONS OF THE ACT
SECTION 2. Employees shall have the right to organize and ba rain
collectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or
in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
(a) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing.
(b) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
RECLASSIFICATION OF EMPLOYEES
SECTION 3. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge so as to
defeat the purposes or provisions of the Act or of this Code.
SECTION 4. No provision in this Code shall supersede any State or
Federal law which imposes on employers more stringent require-
ments 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. Standards for safety and
health shall be submitted by the Code Authority to the Board for
approval within three (3) months after the effective date of this
Code, and when approved by the Board shall have the same effect
as other provisions of this Code.
SECTION 5. All employers shall post and keep posted copies of
this Code in conspicuous places accessible to all employees. Every
Member of the Industry shall comply with all rules and regulations
relative to the posting of provisions of Codes of Fair Competition
which may from time to time be prescribed by the Board.
DISMISSAL FOR COMPLAINT
SECTION 6. No employer shall dismiss or demote any employee
for making a complaint or giving evidence with respect to an alleged
violation of the provisions of any Code of Fair Competition.
COMPANY TOWNS AND STORES
SECTION 7. Employees other than maintenance or supervisory
men, or those necessary to protect property, shall not be required
as a condition of employment to live in houses rented from or speci-
fied by the employer. No employee shall be required, as a condition
of employment, to trade at a store owned or specified by an employer.
ARTICLE VI-ORGANIZATION, POWERS AND DUTIES OF THE CODE
ORGANIZATION AND CONSTITUTION
SECTION 1. A National Code Authority is hereby constituted to
administer the provisions of this Code, and shall consist of not
more than twenty (20) voting members. Sixteen (16) of such
voting members (one from each district, designated in Schedule A
of this Code) shall be appointed from and by the Trade Relations
Committee of the National Lime Association; provided, that each
of such members is a Member of the Industry and a member of the
National Lime Association and is truly representative of the dis-
trict which he purports to represent. Four (4) of such voting
members shall be elected by Members of the Industry who are not
members of the National Lime Association provided, that the
members elected are truly representative of the non-association
Members of the Industry throughout the United States. Said ap-
pointments and said elections shall be subject to the approval of the
National Industrial Recovery' Board.
(a) An executive committee to consist of five (5) members in-
cluding at least one (1) representative of non-association members
selected from and by the Code Authority, shall be constituted and
act in the capacity of supervisory agent or the general advisers to
the Code Authority; provided, that the executive committee shall
have no powers except as may be legally and by proper resolution
delegated to it by the Code Authority, subject to the approval
of the National Industrial Recovery Board.
(b) Elections shall be promptly held and appointments promptly
made. Upon approval of elections and appointments by the Na-
tional Industrial Recovery Board, the term of office of voting
members shall commence and continue for the period of one (1)
year, or less, as may be determined by operation of law. Notice
of vacancy of office of any of the voting members elected or ap-
pointed and approved as aforesaid shall be promptly communicated
to the appropriate electorate with instructions promptly to meet
and elect a successor to serve for the balance of the term of office,
or such other term of office as circumstances may require, subject to
the approval of the National Industrial Recovery Board. Upon
failure by Members of the Industry promptly to elect or appoint
members or their successors, as aforesaid, the National Industrial
Recovery Board may appoint such voting members as it, in its
discretion, may deem necessary and best designed to effectuate the
purposes of the provisions of this Code and the policy of Title
I of the National Industrial Recovery Act.
SECTION 2. In addition to the above membership the National
Industrial Recovery Board may appoint three (3) members without
vote and without compensation from Industry, otherwise to act as
members of the Code Authority for such terms as said Board may
SECTION 3. Each trade or industrial association directly or indi-
rectly participating in the selection or activities of the Code Author-
ity shall, (1) impose no inequitable restrictions on membership, and
(2) submit to the National Industrial Recovery Board true copies
of its articles of association, by-laws, rules and regulations, and any
amendments when made thereto, together with such other informa-
tion as to membership, organization and activities as the National
Industrial Recovery Board may deem necessary to effectuate the
purposes of the Act.
SECTION 4. In order that the' Code Authority shall at all times
be truly representative of the Industry and in other respects comply
with the provisions of the Act, the National Industrial Recovery
Board may prescribe such hearings as it may deem proper; and
thereafter, if it shall find that the Code Authority is not truly repre-
sentative -or does not in other respects comply with the provisions
of the Act, may require an appropriate modification in the method of
selection of the Code Authority.
SECTION 5. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor
shall any member of the Code Authority be liable in any manner
to anyone for any act of any other member, officer, agent or employee
of the Code Authority. Nor shall any member of the Code Author-
ity, 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 malfeasance or nonfeasance.
POWERS AND DUTIES
SECTION 6. Subject to such rules and regulations as may be iss.iiel
by the National Industrial Recovery Board and to the extent per-
mited by the Act, the Code Authority shall have the following
further powers and duties.
(a) To make investigations as to the functioning and observance
of any provisions of this Code at its own instance or upon complaint
of any person affected, and to report thereon to the Board.
(b) To insure the execution of the provisions of this Code and
provide for the compliance of the Industry with the provisions of the
(c) To adopt by-laws and rules and regulations for its procedure
and for the administration of this Code. The Code Authority shall
promptly furnish to the Board true copies of the by-laws, rules and
regulations adopted pursuantt to this paragraph.
(d) To obtain from Members of the Industry, through a confi-
dential agency, such statistical information and reports as are
required for the administration of this Code and to provide for sub-
mission by Members of the Industry of such statistical information
and reports as the Board may deem necessary for the purposes
recited in Section 3 (a) of the Act, which information and reports
shall be submitted by Members of the Industry to such governmental
agencies as the Board may designate; provided, that nothing in this
Code shall relieve any Member of the Industry of any existing obli-
gations to furnish reports to any government agency. No individual
reports submitted to the Boar and/or such governmental agencies
as the Board may designate, shall be disclosed to any other Member
of the Industry or any other party except to such governmental
agencies as may be directed by the Board.
(e) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein; provided, that nothing herein shall relieve the Code Author-
ity of its duties or responsibilities under this Code and that such
trade associations and agencies shall at all times be subject to and
comply with the provisions hereof.
(f) To make recommendations to the Board for the coordination
of the administration of this Code and such other Codes, if any,
as may be related to or affect Members of the Industry. On the
receipt of such recommendations the Board may establish a Coordi-
nation Committee and empower the Code Authority to appoint a
member or members thereof so that the Industry may have equal
representation on said Committee with any industry operating under
such Code or Codes, and the Board may further designate an impar-
tial chairman. Such a Coordination Committee shall then be em.
powered to make investigations pertinent to the subject matter of
the recommendation and thereafter submit its findings and conclu-
sions to the Board. A determination of such Coordination Com-
mittee, with the supporting facts, shall be forwarded immediately
to the Board and shall become effective upon approval thereby. In
the event such Coordination Committee fails to act or agree the
matter shall be submitted to the Board for final determination.
(g) To recommend to the Board the creation of additional divi-
sions of the Industry, further trade practice provisions to govern
Members of the Industry in their relations with each other or with
other Industries, and measures for industrial planning, and to call
meetings of any division of the Industry to consider plans for stabili-
zation of employment and production, and conservation of natural
resources; and to make recommendations thereon to the Board, such
recommendations upon approval by the Board, after such notice and
hearing as it may prescribe, to have the same effect as other provi-
sions of this Code.
SECTION 7. It being found necessary in order to support the ad-
ministration 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 this Code.
(b) To submit to the Board for its approval, subject to such notice
and opportunity to be heard as it may deem necessary, (1) an item-
ized 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 the Industry.
(c) After such budget and basis of contribution have been ap-
proved by the Board, to determine 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.
SECTION 8. Each Member of the Industry shall pay his or its equi-
table contribution to the expenses of the maintenance of the Code
Authority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the 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 such contributions, shall be entitled to par-
ticipate in the selection of members 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 Recovery Administration.
SECTION 9. The Code Authority shall neither incur nor pay any
obligation substantially in excess 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
Board; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior budget estimates except those
which the Board shall have so approved.
SECTION 10. The proportionate share of each Member of the In-
dustry for expenses of Code Administration shall be based upon the
total tonnage of quicklime and hydrated lime manufactured and sold
by such Member of the Industry during such representative period,
but not less than one (1) year, and at such fair and equitable rate
per ton as the Code Authority may determine, subject to the approval
of the Board.
(a) The Code Authority may designate the National Lime Asso-
ciation, or any other appropriate agency, to assist it in maintaining
its accounts, determining such proportionate shares and in securing
the collection thereof.
(b) The applicable provisions of this Section 10 shall also apply
to the expenses of Code administration of District Control Commit-
tees, established as hereinafter provided. Each District Control
Committee shall submit to the Code Authority for its approval,
to be in turn submitted to the 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, and (2) an equi-
table basis upon which the funds necessary to support such budget
shall be contributed by Members of the Industry having a plant or
plants within the district.
SECTION 11. If the Board shall determine that any action of the
Code Authority or any agency thereof may be unfair or unjust or
contrary to the public interest, the Board may require that such
action be suspended to afford an opportunity for investigation of the
merits of such action and further consideration by such Code Au-
thority or agency pending final action which shall not be effective
unless the 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.
LIME INDUSTRY MANUFACTURING DISTRICTS
SECTION 12. The Industry shall be divided into "Lime Industry
Manufacturing Districts" which districts initially established are
set forth in Schedule A of this Code. The Code Authority may
from time to time revise such districts or any of them subject to
the approval of the District Control Committees of the districts
affected, and subject to modification or approval by the Board upon
DISTRICT CONTROL COMMITTEES
SECTION 13. All members having a plant or plants located in each
district may, at a meeting called for that purpose on proper notice,
at which meeting each such member shall be entitled to one (1) vote,
establish therefore, upon the majority vote of such members in at-
tendance at such meeting, a District Control Committee to consist of
such number of supporting members as the voting members shall de-
termine, subject to the approval of the Code Authority and the
Board. In order to provide, as far as practicable, and as not other-
wise required by this Code, for the administration of this Code
within each district by the members having a plant or plants located
therein, the District Control Committees, in addition to the duties
and powers conferred upon them elsewhere in this Code, shall be
charged with the power and duty of supervising the provisions of
this Code within their respective districts, subject to disapproval of
the Code Authority and subject to modification or approval upon
review by the Board.
(a) Any information required to be submitted to a District Con-
trol Committee shall be reported to a confidential agency selected by
the District Control Committee, and if, in the opinion of such com-
mittee, a violation of this Code is disclosed, such committee shall file
such information together with a formal complaint in accordance
with such plan for handling trade practice complaints as may have
been approved by the Board. All activities of the District Control
Committees shall be subject to the disapproval of the Code Author-
ity. Copies of minutes of all meetings held by District Control
Committees shall be filed immediately with the Code Authority and
by it with the Board.
(b) Each District Control Committee shall adopt by-laws, rules
and regulations of procedure for the conduct of its business under
this Code. Such by-laws, rules and regulations shall be subject to
the approval of the Code Authority and the Board, and true copies
of such by-laws, rules and regulations shall be furnished to the Code
Authority and by it to the Board.
SECTION 1. In addition to such reports as may be required from
time to time under the provisions of Section 6 Subsection (d) of
Article VI, each Member of the Industry shall furnish to a con-
fidential agency of the Code Authority promptly and upon forms
approved by the Code Authority, complete and accurate reports of
shipments, plant capacity, and such other data pertinent to the
administration of this Code as the Code Authority may specify.
Information pertaining to the operations of individual Members of
the Industry shall be kept confidential at all times.
SECTION 2. At the option of any District Control Committee, such
reports and statistical data may be collected and compiled by it for
the district. In case any District Control Committee, or a majority
of the members in any unorganized district shall require it, such
reports and statistical data for that district shall be collected through
a confidential agency appointed by such District Control Committee,
or, in the case of an unorganized district, a confidential agency of the
Code Authority. All such data shall be furnished to the Code
SECTION 3. The confidential agency of the Code Authority shall
compile such records and statistical data in accumulated totals and
averages by districts and for all districts and distribute the same to
SECTION 1. The Code Authority shall cause to be formulated
methods of cost finding and accounting capable of use by all Members
of the Industry, and shall submit such methods to the Board for
review. When approved by the Board, full information concerning
such methods shall be made available to all Members of the Industry.
Thereafter, each Member of the Industry shall utilize such methods
to the extent found practicable. Nothing herein contained shall
be construed to permit the Code Authority, any agency thereof,
or any Member of the Industry to suggest or agree to uniform
additions, percentages, or differentials or other uniform items of
cost which are designed to bring about arbitrary uniformity of
costs or prices.
METHODS OF SELLING
Establishment of Basing Points
SFcnrION 2. Each District Control Committee shall establish for
each manufacturing plant within its district, subject to the dis-
approval of the Board, a basing point to govern all rail shipments.
Different basing points may be established for different products.
Said basing point, which may be changed or revised from time to
time as conditions warrant, subject to the approval of the Board,
shall be fair and reasonable to all interested parties. Nothing herein
contained shall prevent any Member of the Industry from estab-
lishing his own plant as his basing point if he so desires; provided,
however, that such Member of the Industry shall file his intention
with his District Control Committee, and if there is no District
Control Committe, then with the Code Authority, prior to such
plant becoming a basing point.
(a) In the event that any district shall not have a District Con-
trol Committee, then such basing point or points shall be established
for such district by the Code Authority, after first requesting the
recommendation of Members of the Industry within such district.
(b) The District Control Committee shall also designate the low
rate area governed by each basing point, which shall include all
destinations to which the basing point has the low or equal all-rail
freight rate for each Industry Product in the same rail freight classi-
fication manufactured at those plants for which the basing point has
been established. Accepted geographic lines may be used as bound-
aries of such low rate areas, provided, that the District Control Com-
mittee shall provide for the use of the low basing all-rail freight rate
for all destinations. Any District Control Committee may, for any
designated product manufactured within the district, establish for
any plant a basing point already established by some other District
Control Committee if the low rate area of such basing point is partly
within the boundaries of the district designating such basing point.
For the purposes of this Code, the District Control Committee of
District 5-A (as set forth in Schedule A of this Code) shall select
a basing point for Ohio finishing hydrated lime produced in said
District 5-A, and the entire United States shall become the "low
rate area" for that selected basing point.
SECTION 3. Each Member of the Industry shall, not later than ten
(10) days after the effective date of this Code, file as provided here-
after in Subsection (d) of this Section 3, with a confidential and
di.intcrested agency of the District Control Committee for the Dis-
trict in which the manufacturing plant is located, or if none, then
with a confidential and( disinterested agency of the Code Authority,
identified lists of all his prices, discounts, terms and conditions of
sale, hereinafter referred to as "price terms ", for each of the Indus-
try Products nmanuifactured and offered for sale, which price terms
shall become effective at the expiration of such ten (10) day period
and shall so file all subsequent changes therein or revisions thereof
which shall become effective as hereinafter provided. All such lists
shall completely and accurately conform to and represent the indi-
vidual pricing practices of said Member and shall contain the price
terms for all such standard products of the Industry as are manu-
factured and offered for sale by said Member and for such non-
standard products of said Member as shall be designated by the Dis-
trict Control Committee and/or the Code Authority. Changes in
or revisions of price terms shall become effective at 12:00-M Mid-
night of the fifth (5th) day following the receipt thereof by said
ageiney; provided that any Member of the Industry may file his
price terms to meet those filed by another Member of the Industry
to take effect on the effective date of the price terms so to be met; and
provided further, that if a Member of the Industry desiring to meet
the price terms of another, is unable to do so by reason of failure
to receive notice of such filing prior to the effective date of such
revised price terms, he may, nevertheless, file his own price terms
within forty-eight (48) hours after receiving notice of the filing
of the price terms to be met, in which case his price terms will
become effective on filing.
(a) Immediately upon receipt thereof, said agency shall, by tele-
graph or other equally prompt means, notify said manufacturer of
such receipt. Such lists and revisions, together with the effective
time thereof, shall upon receipt be immediately and simultaneously
distributed to the members within the district interested therein,
and to the Code Authority. Immediate and simultaneous distribu-
tion shall also be made to any other Member of the Industry inter-
ested therein, and to all customers who have applied therefore in
writing and have agreed to defray the cost actually incurred by the
designated agency in the preparation and distribution thereof.
Copies shall be available at the office of such agency for inspection
by customers of any Member of the Industry. Such lists and re-
visions, or any part thereof, shall not be made available to any per-
son until released to those designated above as entitled to receive
(b) The Code Authority shall maintain a permanent file of all
price terms filed as herein provided, and shall not destroy any part
of such records except upon written consent of the Board. Upon
request the Code Authority shall furnish to the Board or any duly
designated representative of the Board copies of any such lists or
revision.I of price terms.
(c) When any Member of the Industry has filed any revision,
such member shall not file a higher price within forty-eight (48)
(d) Price terms shall be filed f. o. b. rail basing point for the low
rate area in which the member's plant is located. Such price terms
shall include all Industry Products manufactured at and offered for
sale from such plant, and shall designate any destinations or areas
beyond the low rate area in which the manufacturing plant is located
to be governed by such price terms. The delivered price terms of
each such Industry Product for rail delivery within such low rate
area and to the designated destinations or areas beyond such low
rate area shall be the sum of the price or prices filed f. o. b. basing
point plus the rail freight rate from basing point to destinations.
For areas and destinations not included in the price terms so filed,
any Member of the Industry wishing to meet the competition of any
other Member of the Industry may do so, except as provided in Sub-
section (f) of this Section 3, by filing the following statement, which
shall be considered the filed price terms for any destinationn or area
not included in the price terms filed for the basing point:
"Delivered price terms to destinations or areas not covered by the
price terms filed for the basing point shall not be more favorable to
the purchaser than the most favorable price terms published by other
Members of the Industry for the same destination or area for like
Industry Products of similar grade and quality."
(e) Price terms shall also be filed for any shipments from manu-
facturing plants by truck or water, and/or any "mill pick-ups ",
such price terms to specify (1) the area in which any truck or water
shipments will be made, (2) the trucking or water transportation
charge or rate, and (3) the minimum quantity to be shipped by
truck or water; provided, nothing herein contained shall prevent
any Member of the Industry from meeting truck or water prices
filed for like Industry Products of similar grade and quality, and
provided further, that the Member of Industry meeting such filed
prices shall file his own prices on like Industry Products of similar
grade and quality in accordance with all the provisions for filing as
provided for in this Article VIII, and specifically as provided for
in this Subsection (e) of this Section 3 of this Article VIII.
(f) The net realized plant price for any Industry Product which
is sold for delivery in any area or destination to meet competitive
price terms of another Member of the Industry as provided in Sub-
section (d) above, must not be less than eighty percent (80%) of the
filed price for that product f. o. b. basing point.1
(g) In order to insure that this provision will not work a hard-
ship on any Member of the Industry, or the customers of the In-
dustry, in any given locality, any Member of the Industry may
petition the Code Authority for relief by exemption or mo(lification
of this limitation as it applies to his sales. Upon receipt of such
a petition, the Code Authority shall fix a date for the hearing of
same within fifteen (15) days. At the same time, the Code Author-
ity shall notify the District Control Committees of all production
districts whose manufacturers ship to destinations named in the
petition, as well as the District Control Committee in whose low rate
area destinations are located, enclosing copies of the petition and
affording the opportunity for those committees and their witnesses
to be heard at said hearing. Based upon the evidence submitted, the
Code Authority shall render a decision within ten (10) days from
1 See paragraph 2 (1) of order approving this Amendment.
date of hearing, submitting same, together with all pertinent testi-
mony and facts, to the Board for its consideration. If, within
thirty (30) days after submission to the Board, such decision shall
not be disapproved by the Board, the Code Authority shall advise
all interested parties of the decision, which shall be final and binding
upon all Members of the Industry, subject to the disapproval of or
modification by the Board at any time.1
SECTION 4. No Member of the Industry shall sell, or offer to sell,
Industry Products for which price terms have been filed pursuant
to the provisions of this Article VIII, at variance with such price
terms then in effect, except as otherwise provided in this Code.
SECTION 5. No member of the Industry shall enter into any agree-
ment, understanding, combination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any Member of the Indus-
try to change his price terms by the use of intimidation, coercion,
or any other influence inconsistent with the maintenance of the free
and open market which it is the purpose of this Article VIII to
SECTION 6. Nothing hereinabove contained shall prevent any Meinm-
ber of the Industry from deviating from his filed price terms in
order to meet the competitive price terms of Members of the Indus-
try shipping from plants producing like Industry Products of simi-
lar grade and quality located in other low rate areas for destinations
in the low rate area in which his plant is located; provided however,
that said member shall file with his District Control Committee
immediately and before quotation is made, the destination or desti-
nations involved, and the name and delivered price terms of the
competitor whose price terms are to be met.
SECTION 7. It shall be an unfair method of competition for any
Member of the Industry to file price terms not as a bona fide expres-
sion of business policy but merely for the purpose, or with the effect,
of discriminating between different purchasers of a product of simi-
lar grade and quality, or to deviate from any of the provisions of
this Article VIII.
Mercld iadbng Plans
SEcTION 8. Each District Control Committee may prepare a uni-
form merchandising plan and/or system of standardization of prod-
ucts, containing such provisions as may be deemed necessary or
proper to insure fair selling methods and to prevent unfair com-
petitive practices by the Members of Industry selling within the
low rate areas of the district. When such plans and/or systems
have been so prepared for the low rate areas of any district they
shall be submitted for approval to all supporting members in that
(a) When approved by supporting members who, in the preced-
ing calendar year produced at least sixty (60) per cent of the total
district tonnage produced in that year, such plans and/or systems
shall be sent to the Code Authority for review and approval.
(b) Upon approval by the Code Authority, subject to approval
upon review by the Board, with which copies of all such plans and/or
SSee paragraph 2 (1) of order approving this Amendment.
systems shall be filed immediately, it shall be an unfair method of
competition for any Member of the Industry to quote or sell Indus-
try Products for delivery at any destination within the low rate
areas of the district for which such plans and/or systems have been
approved, except in accordance with the provisions thereof.2
SECrTION 9. Each District Control Committee, in cooperation with
the Code Authority, shall prepare immediately standard forms for
quotations and contracts for use by all Members of the Industry
producing in the district, which forms shall specify the terms and
conditions under which quotations and contracts for sale shall be
made. When so prepared and approved by the District Control
Committee such forms shall be sent to the Code Authority for review
(a) Upon approval by the Code Authority, subject to approval
upon review by the Board with which copies of all such forms shall
be filed immediately it shall be an unfair method of competition
for any Member of the Industry to quote or sell Industry Products
for delivery at any destination within the low rate areas of the
district for which such forms have been approved, on terms and
conditions at variance with those specified in such approved forms.'
Standards of Fair Competition for Pricing
SECTION 10. The standards of fair competition for the Industry
with reference to pricing practices are declared to be as follows:
Costs anmd Price Cutting
(a) Wilfully destructive price cutting is an unfair method of
competition and is forbidden. Any Member of the Industry or of
any other Industry, or the customers of either, may at any time com-
plain to the Code Authority that any filed price constitutes unfair
competition as destructive price cutting, imperiling any enterprise
large or small, or tending toward monopoly or the impairment of
code wages and working conditions. The Code Authority shall,
within five (5) days, afford an opportunity to the member filing the
price to answer such complaint and shall, within fourteen (14) days,
make a ruling or adjustment thereon. If such ruling is not concurred
in by either party to the complaint, all apers shall be referred to the
Research and Planning Division of N. R. A. which shall render a
report and recommendation thereon to the Board.
(b) When no declared emergency exists as to any given product,
there is to be no fixed minimum basis for prices. It is intended that
sound cost estimating methods should be used and that consideration
should be given to costs in the determination of pricing policies.
S(c) When an emergency exists as to any given product, sale below
the stated minimum price of such product in violation of Section
11 and Subsection (a) of Section 11 hereoi is forbidden.
*See paragraph 2 (2) of order approving this Amendment.
SECTION 11. If the Board, after investigation, shall at any time
find both (1) that an emergency has arisen within any designated
area adversely affecting any enterprise, large or small, or wages or
labor conditions, or tending toward monopoly or other acute condi-
tions which tend to defeat the purposes of the Act; and (2) that the
determination of the stated minimum price for a specified product
within such designated area for a limited period is necessary to
mitigate the conditions constituting such emergency and to effectuate
the purposes of the Act, the Code Authority may cause an impartial
agency to investigate costs and to recommend to the Board a deter-
riination of the stated minimum price of the product affected by the
emergency and thereupon the Board may proceed to determine such
stated minimum price.
(a) When the Board shall have determined such stated minimum
price for a specified product for a stated period in such specified
area, which price shall be reasonably calculated to mitigate the con-
ditions of such emergency and to effectuate the purposes of the Act,
it shall publish such price. Thereafter, during such stated period,
no Member of the Industry shall sell such specified products in such
specified area at a net realized price below said stated minimum price
and any such sale shall be deemed destructive price cutting. From
time to time, the Code Authority may recommend review or recon-
sideration, or the Board may cause any determination hereunder to
be reviewed or reconsidered and appropriate action taken.
ARTICLE IX-TRADE PRACTYrICE RULES
SECTION. 1. The following trade practices are specifically declared
to constitute unfair methods of competition between Members of
the Industry, and no Member of the Industry shall use or engage
in any of them, either directly or indirectly, through any officer,
agent or employee. Engaging in any one or more of these or any
further trade practice provisions which hereafter may be estab-
lished on recommendation by the Code Authority approved by the
Board, after such hearings as it may prescribe, shall be deemed to
be in violation of this Code.
DEPARTURE FROM AGREED WORKING CONDITIONS
SECTION 2. The paying of lower than the minimum wages herein
prescribed, or the exaction of hours of labor in excess of the maxi-
mum herein prescribed without complying with the overtime
COM MERCI AL BRIBERY
SECTION 3. No Member of the Industry shall give, permit to be
given, or offer to give anything of value for the purpose of influenc-
ing or-rewarding the action of any employee, agent, or representa-
tive of another in relation to the business of the employer of such
employee, the principal of such agent or the represented party,
without the knowledge of such employer, principal or party. This
provision shall not be construed to prohibit free and general dis-
tribution of articles commonly used for advertising except so far
as such articles are actually used for commercial bribery as herein-
REBATES, SUBSIDIES, ETC.
SECTION 4. To make secret allowances, such as bonuses, rebates,
refunds, credits, unearned discounts, or subsidies of any kind,
whether in the form of money, services, advertising, or otherwise for
the purpose of influencing the sale of Industry Products.
LUMP SUM BIDS AND CONTRACTS
SECTION 5. To submit a bid or bids for two or more commodities,
at least one of which is an Induistry Product, in which the unit price
of each commodity is not clearly stated. Accepting orders or con-
tracts for sale at a lump sum where the contract does not specify
the exact quantity, quality, and unit price of the product.
SECTION 6. No M'emiber of the Industry shall sell or offer to sell any
commodity, except in accordance with his current .price list for that
commodity, or, if the commodity in question is not an industry
product, then at less than the bona fide invoice price, plus all trans-
portation costs, if any, for such commodity for the purpose or hav-
ing the effect of influencing or inducing the sale of Industry Prod-
ucts and thereby creating an unfair price advantage for a Member
of the Industry.
INDUCING BREACH OF CONTRACT
SECTION 7. Knowingly inducing or in any manner attempting to
induce the breach of any existing sales order or of any existing con-
tract between a competitor and his customer or source of supply; or
interfering with or obstr iiting in any manner the performance of the
contractual duties or services between a Member of the Industry and
DEFAMATION OF COMPETITORS
SECTION 8. To defame or disparage a competitor directly or in-
directly by words or acts which unfairly raise a question as to his
business integrity, his ability to perform his contracts, his credit
standing, or the quality of his product.
LIMITATIONS ON SALES OF QUICKLIME IN BULK
SECTION 9. The sale by any Memiber of the Industry to any pur-
chaser of quicklime in bulk which he knows is for purposes of resale
as packaged quicklime.
SECTION 10. To sell or offer for sale Industry Products for the
purpose or with the effect of deceiving customers or prospective cus-.
tomers as to the quantity, quality, or grade of such products.
SECTIoN 11. Marking, branding, and labeling Industry Products
and making statements regarding Industry Products, the purpose
or effect of which may be to mislead or deceive purchasers as to the
'quantity, quality, grade or substance of such products purchased.
IMITATION OF TRADE MARKS
SECTION 12. To imitate or to simulate the trade mark, trade name,
package, brand, or label of a competitor in such degrfw as to deceive,
or have a tendency to deceive customers.
SECTION 13. Shipping goods on consignment except under circum-
stances to be defined by the Code Authority and approved by the
Board, where peculiar circumstances of the industry require that
TRANSACTIONS WITH JOBBERS, AGENTS AND DEALERS
SECTION 14. A builders' supply dealer or an agricultural dealer
shall not in any case be classified as an agent for chemical, indus-
itrial, or agricultural lime, or as a jobber for building lime in the
trading area in which he operates as a retail dealer, unless approved
by the District Control Committee involved."
SECTION 15. Purchases of Industry Products by a jobber (as de-
,fined in Article II, Section 11) for his own use or for resale from
his own retail yard, shall be on the dealer price basis.3
SHIPMENTS WITHOUT ORDERS
SECTION 16. To make shipments without having a bona fide order
from the customer at the time the shipment is made.
SECTION 17. All bona fide contracts and/or orders for shipments
for specific jobs and/or period requirements may be shipped at the
price specified in the contract and/or order, regardless of any sub-
sequent price increase, and any Industry Product so shipped must
be applied only on such contract and/or order.
(a) In the event of any advance in the price or prices or a sale
at less than a listed price of Industry Products by a Member of the
Industry, such member shall, within thirty (30) days, file with a
confidential and disinterested agency of his District Control Com-
mittee a list of all uncompleted contracts and/or orders made or
entered into prior to the price increase, giving the name of cus-
tomer, total tonnage required, price and expiration date; and, in
the case of specific building job contracts, the name of the job, its
location, the dealer, the contractor, unshipped tonnage, and price,
with a certification from the dealer that he has a bona fide contract
See paragraph 2 (3) of order approving this Amendment.
with the contractor and/or owner covering such products, and shall
report to such agency of his District Control Committee all ship-
ments made on any such contracts and/or orders as and when the
same are made and also shall report completion, cancellation, or
mod(lification thereof, and may report information concerning any
other member's listed contracts and/or orders.
(b) All contracts made within thirty (30) days (except Govern-
ment jobs made to meet requirements of proposals or applicable law)
after any price increase but based upon a quotation made prior there-
to may be shipped at the contract price regardless of any price
increase, provided that on all such jobs the contract and/or con-
tracts involving industry products has been awarded prior to the
expiration of the thirty (30) day period following the date of price
increase, all such contracts must be filed with such agency of the
District Control Committee in the manner aforesaid within fifteen
(15) days after said thirty (30) day period (or such other period
stipulated by Governmental proposals of applicable law). Such
agency of the District Control Committee shall promptly dissemi-
nate to Members of the Industry concerned all information pertain-
ing to such specific building job contracts and/or orders, and, in
the case of other contracts, information regarding the validity of
any specific contract or commitment so filed shall be given to any
Member of the Industry upon request.
DURATION OF CONTRACTS
SECTION 18. Except where otherwise necessary to meet Govern-
mental bid requirements, no Member of the Industry shall make any
quotation for a period in excess of fifteen (15) days from date of
quotation; provided, however, that any such quotation may be specifi-
cally renewed for a like period upon request of the prospective
(a) No member of the Industry shall contract or agree to furnish
chemical lime to any purchaser for more than a calendar quarter-
annual period; nor shall he make any quotation, contract, or agree-
ment for the sale of lime for any such calendar quarter-annual
period, prior to the first day of the last month of the immediately
preceding calendar quarter-annual period.
(b) In instances where building lime is sold for specific jobs in
lieu of making specific job contracts with dealers and processors, a
purchase order at the prevailing price will be considered as a suf-
ficient binding contract with the provision that if the price advances
at any time, a specific job contract will be written within thirty
30) days after the price advance at the price prevailing at the
ate of the purchase order for the amount of lime still required.
Specific job contracts must be supported by the dealer's original
order and record of prior deliveries, if any, and the contractor's
written estimate of the balance required for competition. Where
no specific job contract is made within thirty (30) days after the
price advance, then such jobs must take the advanced price.
(c) No member of the Industry shall contract or agree to furnish
agricultural lime to any purchaser for more than a calendar semi-
annual period, nor shall he make any quotation, contract, or agree-
ment for the sale of such produ'-t for any such calendar semiannual
period prior to the first day of the month immediately prepceding
such calendar semiannual period.
Go cew'n mr'nt purchases
(Federal, State, County, Mu, ii.cipal and/or other Political Subdivisions)
(d) Each bid shall specify that it shall be void if award shall not
be made and contract executed within thirty (30) days after date
of the opening of bids; and only calendar quarterly contract shall be
accepted, unless otherwise specified in the proposal or by applicable
law, but in no case for any period longer than one (1) year.
SECTION 19. The classification of Industry Products for the pur-
pose of determining freight charges thereon, different from the clas-
sification adopted by the Industry and accepted by the rail carriers,
to sectire a lower freight rate.
SECTION 20. Substitution of any Induistry Product superior in
quality or grade for the purpose of furnishing such product at prices
lower than would otherwise prevail.
SECTION 21. The purchase of materials or service from a buyer of
Industry Products, made contingent upon the sale of Industry Prod-
ucts by a Member of the Industry, or the sale of Industry Products
by a Member of Industry made contingent upon the purchase of
materials or service.
SPLITTING OF COMMISSIONERS
SECTION 22. To permit the splitting of commissions or other com-
ensation received by an employee or agent of the seller, with the
uyer for the purpose or with the effect of influencing a sale of
SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provision of Subsection (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule, or regula-
tion issued under Title I of said Act and specifically, but without
limitation, to the right of the President to cancel or modify his
approval of this Code or any conditions imposed by him upon his
SECTION 2. Such of the provisions of this Code as are not required
to be included therein by the Act, may, with the consent of the In-
dustry and the approval of the Board, be amended as provided in
Section 3 hereof, in such manner as may be indicated by the needs,
of the public, by changes in circumstances, or by experience. All
the provisions of the Code, unless so modified or eliminated, shall
remain in effect until the expiration date of Title I of the Act.
SECTION 3. An amendment may be proposed by any interested
party either to the Code Authority or directly by or to the Board.
All proposed amendments shall be referred to the Code Authority
which shall give Members of Industry an opportunity to be heard
thereon, and thereafter the Code Authority may make such recom-
mendations thereon as is deemed proper. When approved by the
Board as necessary to effectuiate the policies of the Act, after such
notice and hearing as it may prescribe, any proposed amendment
shall thereupon become effective as a part of this Code.
SECTION 4. If the Code Authority shall desire to propose an
amendment, after having approved the same, it shall submit the
same to the Members of the Industry who shall thereupon vote
upon said proposed amendment either at a special meeting called for
that purpose or by mail ballot, at the discretion of the Code Author-
ity. Upon the approval of the majority of the Members of the
Industry so voting the Code Authority shall then submit the pro-
posed amendment to the Board.
No provision of this Code shall be so applied as to promote monop-
olies or monopolistic practices, or to eliminate, oppress or discrimi-
nate against small enterprises.
ARTICLE XII-EFFECTIvmE DATE
This Code as amended shall become effective on the tenth (10th)
day after the date of its approval by the Board and shall then super-
sede the Code of Fair Competition for the Lime Industry approved
by the President October 3rd, 1933.
Approved Code No. 31-Amendment No. 2.
Registry No. 1026-01.
LIME INDUSTRY M.\ NUFACTURING DISTRICTS
District 1: Connecticut, Maine, Massalchusetts, New Hampshire, Rhode
Island, Vermont and that portion of New York east of the 77th meridian.
District 2: Delaware, District of Columbia, Maryland, New Jersey, and that
portion of Pennsylvania east of the 77th meridian.
District 3: West Virginia and that portion of New York and Pennsylvania
west of the 77th meridian.
District 4: North Carolina, South Carolina, Virginia.
District 5a: The Ohio hb.drated finishing lime plants and factories located
In the State of Ohio; Herzog Lime and Stone Company, Forest, Ohio; Gibson-
burg Lime Products Company, Gibsonburg, Ohio; Kelley Island Lime anil
Transport Company, White Rock, Gibsonburg and Tiffin, Ohio; National Gypsum
Company, Luckey, Ohio; National Lime and Stone Company, Carey, Ohio; Na-
tional] Mortar & Supply Company, Gibsonburg, Ohio; Ohio Hydrate and Supply
Company, Woodville, Ohio; United States Gypsum Company, Genoa, Ohio;
Washington Building Lime Company, Woodville, Ohio; Woodville Lime
Products Company, Woodville, Ohio.
District 5b: State of Ohio, except the hydrated finishing lime plants described
in District 5a above.
District 6: Michigan.
District 7: Illinois, Indiana and that portion of Missouri east of the 93rd
District 8: Wisconsin.
District 9: Iowa, Minnesota, North Dakota and South Dakota.
Districts 10 and 11: Alabama, Florida, Georgia, Kentucky, Louisiana east of
the Mississippi River, Mississippi, Tennessee.
District 12: Arkansas, Kansas, Louisiana west of the Mississippi River,
Nebraska, Oklahoma and that portion of Missouri west of the 93rd meridian.
District 13: Texas.
District 14: Idaho, Montana, Oregon, Washington, Wyoming.
District 15: Arizona, California, Colorado, Nevada, New Mexico. Utah.
DOLOMIITE DIVISION OF THE CODE OF FAIR COMPETITION FOR THE LIME INDUSTRY
To effectuate the policies of Title I of the National Industrial Recovery
Act, and to make specifically applicable the provisions of the Code of Fair
Competition for the Lime Industry this Schedule B is hereby established as a
Code of Fair Competition for the Dolomite Division of the Lime Industry.
All the provisions of the Code of Fair Competition for the Lime Industry are
incorporated herein by reference and shall be binding upon every Member of
the Industry, except those provisions which are inconsistent and inapplicable
to the Industry Products of the Dolomite Division.
SECTION 1. In addition to the definitions contained in Article II of the
Code of Fair Competition for the Lime Industry, the terms enumerated in
this Article II shall have the meanings herein defined wherever used in this
Schedule B or in any supplement appertaining thereto.
SECTION 2. The term "Dolomite Division" includes the manufacture and/or
original sale of Industry Prbducts by a Member of the Industry either by
himself or by his agent, which includes without limitation any person or
corporation occupying a subsidiary or controlling relationship or one of com-
mon, mutual or joint ownership or control to a Member of the Industry.
SECTION 3. The term Industry Products includes dolomitic lime for re-
fractory purposes irrespective of the extent of burning or other refinements.
SECTION 4. The term "Member of the Industry" includes but without limi-
tation, any individual, partnership, association, corporation or other form of
enterprise engaged in the Industry, either as an employer or on his or its
SECTION 5. Wherever used in the provisions hereinafter incorporated in this
Code by reference, the term "Code Authority" means that body constituted
hereinafter by Article III.
ARTICLE III-ORGANIZATION, POWERS AND DUTIES OF THE CODE AUTHORITY
ORGANIZATION AND CONSTITUTION
SECTION 1. A Code Authority is hereby constituted to administer the pro-
visions of this Schedule B and shall consist of not more than nine (9) voting
members. Each of such voting members shall be a representative of a Mem-
ber of the Industry of this Dolomite Division.
(a) In addition to the above membership the National Industrial Recovery
Board may appoint three (3) members without vote and without compensa-
tion from the Industry otherwise to act as members of the Code Authority
for such terms as it may specify. For the purpose of this Code such mem-
bers as have been appointed on the National Code Authority for the Lime
Industry shall serve as such members on the Code Authority for the Dolo-