Citation
Amendment to Code of fair competition for the railway car building industry as approved on May 11, 1935

Material Information

Title:
Amendment to Code of fair competition for the railway car building industry as approved on May 11, 1935
Portion of title:
Railway car building industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
4 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Railroad cars -- United States ( lcsh )
Railroad cars -- Law and legislation -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1414-05."
General Note:
"Approved Code No. 285--Amendment No. 3."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004930409 ( ALEPH )
643515173 ( OCLC )

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I' I
For rsal by the Superntendent of Documents, Washington, D. C. . Prices cents


Aip2toved Code No. 285--Amendment No. 3


Registry No. 1414--05


NATIONAL, RECOVERY ADMINISTRATION



~AcMENDMn/[~ENT1 TO

CODE OF FAIR COMPETITIION

FO)R THE


RAILWAY CAR BUILtDING

INDUSTRY


AS APPROVED ON IMAY II, 1935


WR~5 Do OUR PAIt


UIjjTED STATI'ES
GOVERNMENT PRINTING OFFICE
:WASHINGTON: t1985


























This publication is for sale by the Superintendent of Documennts, Government
Printing Office, Washington, D). C., and by the following N. R. A. offices:

Atlanta, Ga.: 625 Citizens &E Southern National Bank ]Buildling.
Baltimore, Md.: 130 Customhouse.
Birminghamf, Ala.: 201 Liberty National Life Building.
Boston, M~ass.: Room 1200, 80 Federal Street.
Buffalo, N. P.: 219 White Building.
Chicago, Ill.: Room 204, 400 North Michigan Avenue.
Cleveland, Ohio.: 520 Bulkley Building.
Dallas, Tex.: 1212 Republic Bank Building.
Detroit, Mich.: 415 New Federal Building.
H~ouston, Tex.: 403 Milam Building.
Jacksonville, Fla.: 425 United States Courthouse- and Post Oflee
Building.
Los Angeles, Calif.: 751 Figueroa Street, South.
Louisville, Ky.:i 408 Federal Building.
Mdinneapolis, Minn.: 900 Roanoke Building.
Nashville, Tenn.: 415 Cotton States Building.
Newark, N. J.: 434 Inldustriall Office Building, 1600 Broad Street.
New Orleans, La.: 214 Customhouse.
New York, N. Y.: 45 Broadway.
Okrlahoma City, Okla.: 427 Commerce Exchange Building.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: 401 Law and Finanice 'Building.
Portland, Oreg.: 407 Park Building.
Providence, R. I.: National Exchange Balnk Buildingr,ll1 Exchange
Street.
St. Louis, Mo.: Suite 1220, 506 Olive Stre~et. a ~:"
San Francisco, Calif.: IBumbolt 'Bank Building, 785 Markret Street.
Seattle, W~ash..: 1730 Exchange Building.













Approved Code No. 285-Amendment2 No. 3


AMPENDMENT11 TO CODEPi OF FiAIRe COMLI1PETIITION
FOR THIE

JRAILWAY~hT CARe BUIL~JbBDIN INDt~USllfTRY

As Approvedl on May 11, 1935


ORDER

APPROVING AMENDMENT OF CODE OF FAIR COMPETITIION FOR THE
RAILWAY CAR BUILDING 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 Fiair Competition for the Railway Car Building
Industry, and hearings having been duly held thereon and the an-
nexed report on said amendment, containing findings with respect
thereto, having been made and directed to the Pr~esident::
NOW, THEREFORE, on. behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including
]Executive Order No. 6859, and otherwise, does hereby incorporate,
by reference, said annexed report and does find that said amnend-
ment and the Code as constituted after being amended comply in
all respects with the pertinent provisions and will promoted~ the
pIolicy and purposes of said Title of said Act, and does hereby
order that said amendment be and it is hereby approved, and that
the previous appr~oval of said Code is hereby amended to include
an approval of said Code in -its entirety as amended.
NATIonAL INve~rnIALS ~ RECOVERY BOARD,
By WV. A. HARRIMAN, admi~tistrat~ive Of)Ecer.
Approval recommended :
BAnTON WV. M1UnnBP,
Division Adminzistratovr.
WASHINGTON, D. C.,
M2lay 11, 1935.


135370*--1844--80--35















The PRESIDENT,
The White House.
SIR: Under the Code of Fair Competition for the Railwsay Car
Building Industry as approved on FLiebruary 16, 1934, the Codek Au-
thority for said Industry has submitted the amendment which is
included and attached.
The amendment to Section. 1. of Article VII, by substituting the
word "' one "~ for the word "L two ", (so that the provision will read In
each case wherein one or more employers shall be invited to submit
proposals ) is designed to cure the confusion which has
resulted from the present provision, since an invitee did not know
whether or not there were others invited to bid.
The additions to Article IXlr prohibit the making of allowances in
quotations for materials to be furnished by the customer (except those
in his bona fide, inventory) or where the source of supply is specified
by the customer (except in the case of specialties). These provisions
are designed to save the members of the Industry from losses which
they have heretofore frequently incurred by using defective materials
furnlished by customers which resulted in the rejection of their finished
products.
Hearing on the, amendment was held March 1, 1935 at the Depart-
ment of Commnerce ]Buildinlg in W~ashington, D. C., and opportunity
to be heard was duly noticed to all interested parties. One objection
was received, but was withdrawn at th~e hearing.
FINDINGS
The Assistant D~eputy A-~dministrator in. his final report on said
amendment to said Code, having found as herein set forth and on
the basis of all proceedings in this matter,
It is found 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 obstructions to thne
free flow of interstate and foreign commerce which tend to diminish
the amount thereof, and will provide for the general welfare by
promoting the organization of industry for the purpose of cooperative
action of labor and management under adequate governmental sanc-
tion 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 production
(except as may be temporarily required), by increasing the consumnp-
tion of industrial and agricultural products through increasing pur-
chasing power, by reducing and relieving unemployment, by impro~v-
ing standards of labor, and by otherwise rehabilitating industry.
(2)


REPORT TO' TI'HE PRtESIDENT








(b) TIhe Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
t-ion Subsection (a) of Section. 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The aforesaid amendment has been presented in accordance
with the provisions of Section 2 of Article XLII of the Code.
(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 wil ot eliminate or oppress small enterprises and will not oper-
ate! to discriminate against thema.
(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
amendment.
For these reasons, therefore, this amendment has been. approved.
]For th~e National Idustrial Recovery Board:
WC. A. HAI~RRIM AN,
MAY 1, 135. dminzistrative O~f)?er.













AMIENDME~NT TO CODE OF FAIR COMfPETITION FOR
THIE RAILWA1Y CAIR BUILDING INDUTSTRY'

(1) Article VII, Section 1: Chlang~e word two in first line t.o
" one ", marking it read: in ea~ch case wherein one or more emnploy-
ers shall be invitedl to submit proposals "'
(2) Article IX: Add the twRo following paragr~nphs:
(c) The malring of an allowance from the base price for any of
the products of the Indlustry3 quoted thne cus1tomerr1 for or on account
of any materials (other than manter~ins then in the bona fide inven-
tory of the customer) furnished bly the c~ustomner or if the purchase
thereof is directed by the customer to be made by the employer from
a source of supply designated by the customer, provided that al-
lowances may be mad?~e for specialties (atnd/or parts the~refor)j fur-
nished by the customer or the purchase of which is directed by the
customer to be made from a source of supply designated by thle
customer.
(d) The making of quotations for processing or the processing
of materials for completely articles requiring new materials for their
completion, all or a substantial part of the material for which~ (other
than specialties and/or parts therefore) the cus~tomller either furnrlishes
or direc~ts thle employer to purchase from al soulrct e of supp~ ly siga-
nated by the customer.
Approved Codle No. 285-Almendment No. 3.
Registry No. 1414-05.









































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in 2011 with funding from
University of Florida, George A. Smothers Libraries with support from LYRASIS and the Sloan Foundation


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UNIVERSITY OF FLORIDA


3 1262 08728 6315




Full Text

PAGE 1

Apptoved Code No. 285-Arnendment No.3 Registry No. 1414-05 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE RAILWAY CAR BUILDING INDUSTRY AS APPROVED ON MAY 11, 1935 WE DO OUR PART. ---... . , .. --=-0 ----. UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: ' 1935 For llale by tbe Superintendent of Documents, Wasbinaton, D. C. ----• Price 5 cents

PAGE 2

This publication is for sale by the Superintendent of Documents, Government Printing Offi ce, Washington, D. C., and by the following N. R. A. offices: Atlanta, Ga.: 625 Citizens & Southern National Bank Building, Baltimore, Md.: 130 Customhouse. Birmingham, Ala.: 201 Liberty National Life Building. Boston, l\lass.: R oom 1200, 80 Federal Street. Buffalo, N. Y.: 219 White Building. Chicago, Ill.: Room 204, 40() N orth Michigan Avenue. Cleveland, Ohio. : 520 Bulkley Building. D allas, Tex. : 1212 R epublic Bank Building. Detroit, Mich.: 415 New Federal Building. Houston. Tex. : 403 Milam Building. Jac k sonville, Fla.: 425 United States Courthouse and Post Office Building. Los Angeles, Calif.: 751 Fig u eroa Street, South. Louisville, Ky.: 408 Federal Building. Minneapolis, l\1inn. : 900 Roanoke Building. Nashville, Tenn.: 415 Cotton Stutes Building. Newark, N. J.: 434 Industria l Office Building, 1600 Broad Street. New Orleans, La. : 214 Customhouse. New York, N. Y.: 45 Broadway. Oklahoma City, Okla.: 427 Commerce Exchange Building. Philadelphia, Pa. : 933 Commercial Trust Building. Pittsburgh, Pa.: 401 Law and Finan ce Building. Portland, Oreg.: 407 Park Building. Providence, R. I.: National Exchange Bank Building, 17 , ' St. Louis, Mo.: Suite 1220, 506 Olive Street. San Franci co, Calif.: Humbolt Bank Building; 785 Market Street. Seattle, Wash.: 1730 Exchange Building. . i:

PAGE 3

Approved Code No. 285-Amendment No. 3 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE RAILWAY CAR BUILDING INDUSTRY As Approved on May 11, 1935 ORDER APPROVING AMENDMENT OF CoDE OF FAIR CoMPETITION F O R THE RAILWAY CAR BuiLDING 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 J nne 16, 1933, for approval of an amendment to a Code of Fair Competition for the Railway Car Building Industry, and hearings having been duly held thereon and the an nexed report on said amendment, containing findings with respect thereto, having been made and directed to the NOW, THEREFORE, on b ehalf of the President of the United States, the National Industrial Recovery Board?.-...pursuant to authority vested in it by Executive Orders of the .President, including Executive Order No. 6859, and otherwise, 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 policy and purposes of said Title of said Act, and does hereby order that said amendment be and it is 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. NATIONAL INDUSTRIAL RECOVERY BoARD, By W. A. HARRIMAN, Admmistrative Officer. Approval recommended : BARTON w. MURRAY, Division Administrator. wASHINGTON, D. c., May 11, 1935. (1)

PAGE 4

REPORT TO THE PRESIDENT The PRESIDENT, The House. ( J Hj I ; SIR: Under the Code . of Fair Competition for the Railway Car Building Industry as approved on February 16, 1934, the Code Authority for said Industry has submitted the amendment which is included and attached. The amendment to Section 1 of Article VII, by substituting the word" one" for the word" two", (so that the provision will read" In each case wherein one or more employers shall be invited to submit proposals * * * ) i s designed to cure the confusion which has resulted from t he present provision, since an invitee did not know whether or not there were others invited to bid. The additions to Article IX prohibit the making of allowances in quotations for materials to be furnished by the customer (except those in his bona fide inventory) or where the source of supply is specified by the c ustomer (except in the case of specialties). These provisions are designed to save the members of the Industry from lo sses which they have heretofore frequently incurred by using defective materials furnished by customers which resulted in the r ejection of their finished products. HearinO' on the. amendment was held March 1, 1935 at the Department of Commerce Building in Washington, D. C., and opportunity to b e heard was duly notic ed to all interes t ed parties . One objection was but was withdrawn at the hearing. FINDINGS The Assistant Deputy Administrator in his final report on said amendment to said Code, having found as h erein set forth and on the basis of all proceedings in this matter, It is found 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 obstructions to the free flow of interstate and "foreign comme rce which tend to diminish the amount thereof, and will provide for the general welfare by promoting the organization of indu try for the purpose of cooperative action of labor and management under adequate governmental sanction and supervision, by eliminating unfair c ompetitive practices, by promoting the fullest possible utilization of the present productive capacity of industries, by avoiding undue restriction of production ( except as may be temporarily required), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. (2)

PAGE 5

3 (b) The Code as amended complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subse ction (a) of Section 7, and Subsection (b) of Section 10 thereof. (c) The aforesaid amendment has been presented in accordance with the provisions of Section 2 of Article XII of the Code. (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 amendment. For these reasons, therefore, this amendment has been approved. For the National Industrial Recovery Board: MAY 11, 1935. w. A. HARRIMAN' Administrative Officer.

PAGE 6

A]vfENDMENT TO CODE OF FAIR FOR THE RAILWAY CAR BUILDING INDUSTRY (1) Article VII, Section 1: Change word "two" in first line to "one", making it read: "in eac h case wh ere in one or more employ ers shall be invited to submit propo als * * * " (2) Article IX: Add the two f o llowing paragraphs: (c) The making of an allowance from the base price for any of the products of the Industry quote d the customer for or on account of any materials (othe r than materials then in the bona fide inventory of the customer) furnish e d by the customer or if the purchase thereof is directed by the customer to be made by the employer from a source of supply de signated by the customer, provided that al lowances may be made for specialties (and/ or parts therefor) furnished by the c u stomer or the purchase of whi c h i s directed by the customer to be made from a source of supply designated by the c ustomer. (d) The making of quotations for processing or the processing of materials for completed articles requiring new materials for their completion, all or a sub tantial part of the material for which (other than specialties and jor parts therefor) the customer either furnishes or directs the employer to purc hnse from a source of supply designated by the customer. Approved C ode No. 285-Amendment No. 3. Registry No. 1414-05. (4) 0

PAGE 7

Digitized by the Internet Archive in 2011 with funding from • University of Florida, George A. Smathers Libraries with support from LYRP:SIS and the Sloan Foundation http:/ /www.arch ive .o rg/detai Is/am end m enttocodeo6315 unit

PAGE 8

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