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

Material Information

Title:
Amendment to Code of fair competition for the trucking industry as approved on May 11, 1935
Portion of title:
Trucking 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:
Trucking -- 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. 1411-61."
General Note:
"Approved Code No. 278--Amendment No. 5."

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:
004930388 ( ALEPH )
643522105 ( OCLC )

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For sale by the Superintendent of Documents, Waoshington. D. C. - Price 5 cenlrs


j _


Approved Code No. 278--Amendment No. 5


Registry No. 1411-61


NATIONAL RECOVERY ADMIINISTRATION



AMENDMENT TO
CODE OF FAIR COMPETITION
FOR THE

TRUCKING INDUSTRY


AS APPROVED ON MAY II, 1935


WE DO OUR PART


U1.S. DEPOItTO~rY

UNITED STATES
GOVERNMENT PRINTING OFFPICBE
W~ASHINGTON: 1935


1


























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Approved Code No. 278--Amendment No. 5


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THIE

TI~RUICKIING~ INDUSTRY

As Approved on May 11, 1935


ORDER

APrrovrwa AMCENDM6ENT OF CODE OF FAIR COiMPETITION FOR THE
TRUCKIING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
RtecoveryT Act, approved June 16, 1933, for approval of a modification
to the Clode of Fair Competition for the Truckingr Industry, and an
opportunity to be heard having been duly afforded all interested
parties anld the annexed report on said modification, containing
findings with respect thereto, having been made and directed to
the President:
NOW, THI-EREFORE, on behalf of the President of the United
States, t~he National Industrial Recover~y Board, pursuant to author-
ity vested in it by Executive Orders of thie President, including Exec-
utive Order No. 6589, dated September 27, 1934, and otherwise; does
hereby incorporated by reference, said annexed report and does find
that said modification and the Code as constituted after being modi-
~fied comply in all respects with the pertinent provisions and will
promote the policy and purposes of said Tiltle of said Act, and does
hereby order that said modification be and it is hereby approved, and
that the previous approval of said Code is hereby modified to include
an approval of said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HJARRIM6AN, AdRinistrati~ve Officer.
Approval recommended :
L. H1. PEEBLES
Division Administ~rator.
WASH[INGTON, D. C.,
May 11, 1935.


1353630--1844-23--35










REPOIRTC TO THE PRESIDENT


Th~e PRESIDENT,
T'he White HFiouse.
Sm: An application has been duly made pursuant to and in full
complianee with the provisions of thne NJational Industrial R~eov~ery
Act for an amlendmlent. to Article V,7 Section B, Subsection 4 of the
Code of Fair Competition for the Trucking Inlustlry.
The Code of Fair Competition for the Trucking Industry was
approved on February 10, 1934. ~Article V, Section B provides for
minimum wages for thle various emnploee~s engaged in thle Industryr.
TChis proposed amendment was submitted to the _Adminlistration
by the National Code Authority for the said Industry. After ap-
proval, this amendment will set up minimum wPeekly rates of pay
for rate clerks and dispatchers and will thlereafter be a pa rt of thie
Code and enforceable as such.
This amendment proposes to set up minimum wage scales for rate
clerks and dispatchers of (a) $18.00 per week in any city of 500,000
population or over, or in the immediate trade area thereof ; (b)
$17.40 per wcPeek in anyTv city- of 250,000 or over and less than 500,000
population, or in the immediate trade area thereof ; (c) $16.80 per
weekr in cities or places of less than 250,000 population.
Under the provisions of Article V, Section A, Subsection 1 of the
Trucking Code, no employee engaged in clerical or office work except
rate clerks and dispatchers is permitted to work in excess of forty
(40) hours in any one week. All other employees excepting drivers
alnd helpers (including rate clerks and dispatchers) may not work in
excess of forty-eight (48) hours per week averaged over a three we~ek
period.
Article V7, Section BE, Subsection 4, as now written, provides that
office employees shall not be paid less than at the rate of (a) $15.00
per week in any city of 500,000 population or over, or in the im-
mediate trade area thereof ; (b) $14.50 per week in any city between
250,000 and 500,000 population, or in the immediate trade area
thereof; (c) $14.00 per week: in cities or places of less than 250,000
.population.
It can be seen that in the hour provisions a differentiation is made
between the maximum hours allowed for rate; clerks and dispatchers
and those allowed other office employees. The former are allowed to
work forty-eight (48) hours a week averaged over a three weekr
period and the latter are restricted to forty (40) hours a week.
H-owever, in the wage provisions no such differentiation is made and
all office employees are to be paid at the rate specified above. This
is inequitable since under this arrangement rate clerks and dis-
patchers would be paid the same weekly wage for a forty-eigrht (48)
hour wPeek that other office employees are paid for a forty (40) hour
week.
IRate clerks and dispatchers are as skilled as any other type of
office employee and should receive at least. the same, rate of pay.
This amendment is drawn to achieve this result. Thne weekly w-age
scales set up in the proposed amendment have been, arrived at by









dividing the weekly wage of office employees in each. class by forty
and by multiplying the result by forty-eight.
FINDINGS

The Deputy Admlinistrator, in his final report to the ~National
Industrial Recover~y Boardc on this amendment to said Code, having
found as herein set forth and on the basis of all prweedingsllbr in this
matter:
The Nat iolnl Industrial Recovery Board finds that:
(a) This amendment will eliminate an inequyitable~c differet'~linI rela-
tive to minimnumn wages as applied to clerical employees in the
Truckiing In dlu -try.3
(b) This amendment will correct an, ov~ersigaht in code dra ft i ng that
should have been contained in the Trucking Code from the beginning.
(c) TChis amendment providing m~inim~um wages for rate clerks and
dispatchers is fair to industry members and beneficial to labor.
(d) The nInIl(~lendnet to said Code and the Code as amended are
well designed to promote the policies and purposes of TCitle I of the
National Industrial Recovery Akct, including the removal of obstruc-
tion3 to the free flow of interstate and foreign conunerltlc~ e which tend
to diminish th~e amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative nation among trade groups, by ind-ucing and maintain-
ing united action of labor and management under adequate govern-
mental sanction and supervision, by- eliminating unfair competitive
practices, by promoting the fullest possible utilization of the present
producing 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 in-
creasing purchasing power, by reducing and relieving employment,
by improving standards of labor, and by otherwise rehabihitating
industry.
(e) The Code as amendedl c complies in all respects with the perti-
nent provisions of said Title of said Act, including without limnita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(f) The Code Authority, which submitted the application for
amendment of the Code, is authorized by said Code to submit
amendments which upon approval by the National Recovery Ad-
ministration, wCill become binding on the Industry.
(g) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(h) The amendment and thne Code as amended are not designed
to and will not elinilnate or oppress small enterprises and will not
operate to discriminate against them.
(i) Those engaged in any other steps of the economic process
have not been deprived of the right to be heard prior to approval
of said amendment.
For thle reasons, this amendment has been approved.
For the National Industrial Recovery Board:
W5. A. H3ARRIMAN,
i. L Administirative Offeer.
MaAY 11, 1985.













AMENDMENT TO CODE OF FAIR COMIPETITIONO FOR THE
1'TRUCK~IING INDUSTRY

Article V, Section B, Subsection 4 is hereby amended by adding
the following clause thereto:
"; provided, however, that no rate clerk or dispatcher shall be paid
less than at the rate of (a) $18.00 per week in any city of 500,000
population or over, or in the immediate trade area thereof a (b)
$17.40 per week in any city of 250,000 or over and less than 500,0100
population, or in the immediate trade area thereof ; (c) $16i.80 per
week in cities or places of less than. 250,000 population."
As thus amended, Article V,7 Section B, Subsection 4 reads as
follows :
4. No offce employees shall be paid less thranl at the rate of (a)
$;15.00 per week~ in any city of 500,000 population or over, or in the
immediate trade area thereof ; (b) $14.50 per week in any city be-
tween 250,000 and 500,000 population, or in the immediate tr~ade
area thereof; (c) $14.00 per week in cities or places of less than
250,000 population; provided, however, that no rate clerk or dis-
patcher shall be paid less than at the rate of (a) $18.00 per week
in anyr city of 500,000 population. or over, or in the immediate trade
area thereof; (b) $17.40 per week in any city of 250,000 or over and
less than 500,000 population, or in the immediate trade area. thereof ;
(c) $16.80 per week in cities or places of less than 250,000 popu-
lation."
Approved Code No. 278--Amendment No. 5.
Registry No. 1411--61.












































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Full Text

PAGE 1

Approved Code No. 278-Arnendrnent No.5 Registry No. NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE TRUCKING INDUSTRY AS APPROVED ON MAY 11, 1935 WE DO OUR PART ' • 0 .. ----TORY UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1935 For sale by the Superintendent of Documents, Washington, D. C. ---------Price 5 cents

PAGE 2

This publication i s for sale by tlle Superimeodent of Doc:ume:1 t , Government Printing Office, Washington, D. C .. anc1 by t h e f ollowing N. R. A. offices: Atlanta, Ga.: G25 C !tize11::; & :Southern Bauk BuiiLiing. Baltimore, MLl. : 1 3 0 Cu. tornlwu::>e. Birmingham, Ala.: 201 Liherty National Life Building. Boston, Mass. : Room 1200, 80 Federal Street. Buffalo, N. Y.: 219 White Building. Chicago, Ill. : R oom 20-l, 400 :Korth l\1i higan Avenue. C level and, Ohio: 52.0 Bulkley Building . Dallas, Tex.: 1212 Republic B ank Building. Detroit, Mi b.: 415 New Feden11 Building. Hous t o n. T x. : 403 Milam Building. Jac ksonville, Flu.: 42 . 5 Unite
PAGE 3

Approved Code No. 278-Amendment No. 5 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE TRUCKING INDUSTRY As Approved on May 11, 1935 ORDER APPROVING AMENDMENT OF C oDE oF FAIR C oMPETITION FOR THE TRUCKING INDUSTRY An application having been duly made purs u ant to and in full compliance with the provis ions of Title I of the N ational Industrial Recov ery Act, approved June 16, 1933 , for approval of a modification to the Code of Fair Competition for the Trucking Industry, and an opportunity to be heard having been duly afford e d all interested parties and the annex e d r eport on said modifi c ation, containing findings with re spect there to, having been made and directed to the President: NOW, THEREFORE, on b ehalf of the President of the United States, the National Industrial Reco very Board, pursuant to authority vested in it by Executive Orders of the President, including Executive Order No. 6589, dated S e p t ember 27, 1934 , and otherwi se; does hereby incorporate, by reference, said annexed r eport and doe s find that said modificatiOn and the Code as con stituted after b eing modi fied comply in all respects with the p ertinent provisions and will promote the policy and purposes of said Title of said Act, and does h e reby order that said modifi c ation be and it is hereby approved, and that the previous approval of said Code is hereby modified to include an approval of said Code in its entirety as amended. NATIONAL INDUSTRIA L REcovERY B oARD, By W. A. HARRIMAN, Ad1n inis trat i v e Officer. Approval r e commend ed: L. H. PEEBLES, D ivisi o n Ad1ninis trato r . WASHINGTON, D. c . , M a y 11, 1 935 . 135363----1 84 4 2 3----35 (1)

PAGE 4

REPORT TO THE PRESIDENT The PRESIDENT, The White HoU8e . Srn: An application has been duly made pursuant to and in full compliance with the provisions of the National Industrial Recovery Act for an amendment to Article V, Section B, Subsection 4 of the Code of Fair Competition for the Trucking Industry. The Code of Fair Competition for the Trucking Industry was approved on February 10, 1934. Article V, Section B provides for minimum wages for the various employees engaged in the Industry. This proposed amendment was submitted to the Administration by the National Code Authority for the said Industry. After approval, this amendment will set up minimum weekly rates of pay for rate clerks and dispatchers and will thereafte r be a part of the Code and enforceable a s such. This amendment propo es to set up minimum wage scales for rate clerks and dispatchers of (a) $18.00 per week in any city of 500,000 population or over, or in the immediate trade area thereof; (b) $17.40 per week in any city of 250,000 or over and less than 5 00,000 population, or in the immediate trade area thereof; (c) $16.80 per week in cities or places of less than 250,000 population. Under the provisions of Article V, Section A, Subsection 1 of the Trucking Code, no employee engaged in clerical or office work except rate clerks and dispatchers is permitted to work in excess of forty ( 40) hours in any one week. All other employees excepting drivers and helpers (including rate clerks and dispatcher ) may not work in excess of forty-eight (48) hours per week averaged over a three week period. Article V, Section B, Subsection 4, as now written, provides that office employees shall not be paid less than at the rate of (a) $15.00 per week in any city of 500,000 population or over, or in the immediate trade area thereof; (b) $14.50 per week in any city between 250 , 000 and 500 ,000 population, or in the immediate trade area thereof; (c) $14.00 per week in cities or places of less than 250,000 population. It can be seen that in the hour provisions a differentiation is made between the maxim_um hours allowed for rate clerks and dispatchers and those allowed other office employees. The former are allowed to work forty-eight (48) hours a week averaged over a three week period and the latter are restricted to forty ( 40) hours a week. However, in the wage provisions no such differentiation is made and all office employees are to be paid at the rate specified above. This ?s inequitable since under this arrangement rate clerks and dispatchers would be paid the same weekly wage for a forty-eight (48) hour week that other office employees are paid for a forty (40) hour week. Rate clerks and eli patchers are as skilled as any other type of office employee and should receive at least the same rate of pay. This amendment is drawn to achieve this result. The weekly wage scales set up in the proposed amendment have been arrived at by (2)

PAGE 5

3 dividing the weekly wage of office employees in each class by forty and by multiplying the result by forty-eight. FINDINGS The Deputy Admini trator, in his final report to the National Industrial Recovery Board on this amendment to aid Code, having found as h ere in set forth and on the basis of all proceedings in this matter: The National Industrial Recovery Board find that: (a) This amendment will eliminate an inequitab l e lifferential relative to minimum wages as applied to clerical employees in the Trucking Industry. (b) This amendment will correct an oversight in code drafting that should have been contained in the Trucking Code from the beginning. (c) This amendment providing minimum wages for rate clerks and dispatchers i s fair to industry members and beneficial to labor. (d) The amendment to said Code and the Code a amended are well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including the removal of ob truction to the free flow of inte rstate 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 among trade groups, by inducing and maintaining united action of labor and management under adequate governmental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the present producing 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 in creasing purchasing power, by reducing and reli eving employment, by improving standards of l abor, and by otherwise rehabilitating industry. (e) The Code a s amended complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Sub ection (a) of Section 3, Subsection (a) of Section 7 and Sub ection (b) of Section 10 thereof. (f) The Code Authority, which submitted the application for amendment of the Code, is authorized by said Code to submit amendments which upon approval by the National Recovery Admini tration, will become binding on the Industry. (g) The amendment and the Code as amended are not designed to and will not permit monopolies or monopolistic practices. (h) The amendment and the Code as amended are not designed to and will not eliminate or oppress small enterprises and will not operate to di criminate against them. ( i) Tho e engaged in any other steps of the economic process have not been deprived of the right to be heard prior to approval of said amendment. For thee rea ons, this amendment has been approved. For the National Industrial R ecovery Board: . l MAY 11, 1935. w. A. HARRIMAN, Administrative Officer.

PAGE 6

AMENDMENT TO CODE OFF AIR COMPETITION FOR THE TRUCKING INDUSTRY Article V, Section B, Subsection 4 is hereby amended by adding the following clause thereto: " ; provided, however, that no rate clerk or dispatcher shall be paid less than at the rate of (a) $18.00 per week in any city of 500,000 population or over, or in the immediate trade area thereof; (b) $17.40 per week in any city of 250,000 or over and less than 500,000 population, or in the immediate trade area thereof ; (c) $16.80 per week in cities or places of less than 250,000 population." As thus amended, Article V, Section B, Subsection 4 reads as follows: "4. No office employees shall be paid less than at the rate of (a) $15.00 per week in any city of 500,000 population or over, or in the immediate trade area thereof; (b) $14.50 per week in any city be tween 250,000 and 500,000 population, or in the immediate trade area thereof; (c) $14.00 per week in cities or places of less than 250,000 population; provided, however, that no rate clerk or dispatcher shall b e paid le ss than at the rate of (a) $18.00 per week in any city of 500 , 000 population or over, or in the immediate trade area thereof; (b) $17.40 per week in any city of 250,000 or over and le ss than 500,000 population, or in the immediate trade area thereof; (c) $16.80 per week in cities or places of less than 250,000 popu-lation." Approved Code No. 278-Amendment No. 5. Registry No. 1411-61. 0

PAGE 7

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PAGE 8

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