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Amendment to code of fair competition for the cement industry

Material Information

Title:
Amendment to code of fair competition for the cement industry as approved on May 11, 1935
Added title page title:
National Recovery Administration
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C.
Publisher:
U.S. G.P.O.
Publication Date:
Language:
English
Physical Description:
32 p. : ; 23 cm.

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

Notes

General Note:
Cover title.
General Note:
"Approved Code No.128 - Amendment No.1 ; Registry no. 1010-1-02".

Record Information

Source Institution:
University of Florida
Holding Location:
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:
004851312 ( ALEPH )
593541510 ( OCLC )

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UNIVERSITY OF FLORIDA

I1 1IBII IIIIII t 4 IIIlllB i 5lllBI11 t1111WI
3 1262 08482 9505


amendment No. 1


Registry No. 1010-1-02


NATIONAL RECOVERY ADMINISTRATION



AMENDMENT TO
CODE OF FAIR COMPETITION
FOR THE

CEMENT INDUSTRY


AS APPROVED ON MAY 11, 1935


WE DO OUR PART


UN V. .

,s'#1F


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


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Approved Code No. 128--Amendment No. 1


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

CEMENT INDUSTRY

As Approved on May 11, 1935


ORDER

APPROVING AMENDED CODE OF FAIR COMPETITION FOR THE CEMENT
INDUSTRY
An application having 1,been duly made pursuant to and in full com-
pliance with the provisions of Title I of the National Indu Lt rial Re-
covery Act, approved June 16, 19 13, for the approval of an amended
Code of Fair Competition for the Cement Industry, and hearings hav-
ing been duly 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, includ-
ing Executive Order No. 6859, and otherwise; does hereby incorpo-
rate, by reference, said annexed report and does find that said Code
as constituted after being amended complies with the pertinent provi-
sions and will promote 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, subject, however, to the following conditions:
(1) That the operation of Section 8 of Article X of said amended
Code be and it is hereby stayed as to all parties subject thereto pend-
ing the further Order of the National Industrial Recovery Board, and
to afford the Industry, in conjunction with the National Recovery
Administration, an opportunity to make a further study of said
provision:
(2) That Article XVII shall be deleted.
NATIONAL INDU.-TRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Ad;li;witlrative Offi.er.
Approval reciinninended:
W. P. ELLIS,
D'i.';.on A dm ;idr ;.,.i,'ator.
WASHINGTON, D. C.,
May 11, 1935.
135365--1844-25---35 (1













REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: The original Code of Fair Competition for the Cement Indus-
try was approved on November 27, 1933. The Cement Industry as
represented by the Code Authority for the Cement Industry subse-
quently submitted an application for modification of the Code of
Fair Competition for the Cement Industry approved on November
27, 1933, by amending such Code as set forth and subinitted in the
application for amendment.
The Labor and Consumers' Advisory Boards and the Legal Divi-
sion of the National Recovery Administration, and the National
Recovery Administration also submitted proposals for amendment.
To that end a public hearing was held on July 11, 1934. Every
person who reqIuested an appearance was properly heard in accord-
ance with statutory and regulatory requirements. The Code was
revised during the recess of this hearing and was submitted in its
final form for approval by a duly authorized committee of the Code
Authority acting upon resolution adopted by the Board of Trustees
of the Cement Ini-titute on December 29, 1934, and who represent
98.4% of the Portland Cement productive capacity of the United
States.
The Portland Cement Industry includes the mining or quarrying
of raw materials for use in the manufacture of products of the
Industry and the manufacturing of products of the Industry, or the
manufacturing of products of the Industry, or the original sale
directly or indirectly of products of the Industry by Members of the
Industry.
In general it may be said that production of Portland Cement in
the years 1928 to 1932 shows a decline of 54%. A comparison with
the number of persons employed in the Industry shows a decrease
from 34,000 employees in 1928 to 11,941 in 1933, or a decline in
employment of 68%.
The rated capacity of the Cement Industry is about 272,000,000
barrels per year. In 1932 Portland Cement in the amount of
80,843,187 barrels was shipped from 160 plants, and there were six
plants li-ted as inactive. The total rated production capacity was
272,000,000 barrels and the rated capacity utilized was 28.3%-152
plants shipped 64,086,000 barrals in 1933. The rated capacity uti-
lized being 23.9' ; the smallest in the present century. The lack
of consumption c.aed serious financial losses in many companies
and led to major operating economies such as part-time operation
with low personnel, contraction of sales organizations' reduction in
administrative personnel, etc.








Due to the widespread location of plants which, in the main, are
in small communities, the Indli-try is one that can show marked
improvement in reemployment ;and in ,opliirtiii ratios when the
public works program gets in full swing. For the first quarter of
1934 there was a marked iiricrea.-e in shipments.
In the Code as approved November 27, 1933, a provision wai made
that no employee shall work or be permitted to work in excess of
42 hours in any one week or 8 hours in any one day, nor more than
36 hours per week averaged over any half calendar year, except
that employees engaged in emergency maintenance and repair work
involving breakdowns or protection of life or property, and em-
ployees in packing and shipping departments, who shall not, how-
ever, work more than 10 hours in any one day or 36 hours per week
averaged over any half calendar year. In keeping with the policy
of the National Recovery Administration all reference to the averag-
ing provision has been deleted in the amended Code, and in lieu
thereof has been substituted a provision that no employee shall be
permitted to work in excess of 40 hours in any one week or 8 hour,
in any 24 hour period or for more than 6 days in any 7 day period,
except as otherwise provided for specific employees.
The Deputy Administrator in his final report to us on said amend-
mient 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
welfare by promoting the organization of Industry for the purpose
of cooperative action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing 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.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsiection (a) of Section 7, and Sub-
section (b) of Section 10 thereof.
(c) The Cement Institute was and is an industrial group truly
representative of the aforesaid Industry and that said group imposed
and imposes no inequitable 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 or promote 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.






4

(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 a nund client, subject to the deletion
of the specific provisions as set forth in the Order of Approval, has
been approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
A dJin.;. .s frt;' Officer.
MAY 11, 1935.













AMENDED CODE OF FAIR COMPETITION FOR THE
CEMENT INDUSTRY

ARTICLE I-P I l'HrS.E:
To effect the policies of Title I of the National Industrial Recovery
Act, the following provisions are established as a Code of Fair
Competition for the Portland Cement Industry, and shall be the
standards of fair competition for such Iiidustry, and shall be binding
upon every Memiber thereof.

ARTICLE II-DEFINITIoNs
SECTION 1. Wherever used in this Code or any supplement apper-
taining thereto, the terms enmun.iratedl in this Article II shall have
the meanings herein defined, unless the context shall otherwise
clearly indicate.
SECTION 2. The terms President ", "Act and N. I. R. Board "
shall mean respectively the President of the United States, Title I
of the National Industrial Recovery Act, and the National Industrial
Recovery Board as created by Executive Order 6859 of Septembceri
27, 1934.
(a) The term Code" shall mean the Code of Fair Competition
for the Cemient. Industry as approved on Novemiber 27, 1933, as
amended.
SECTION 3. The term Portland Cement Industry or Industry "
includes:
(a) The i.ining or quarrying of raw materials for use in the manu-
facture of products of the Industry and the manufacturing of prod-
ucts of the Industry; or
(b) The manufacturing.of products of the Industry; or
(c) The original sale directly or indirectly of products of the
Industry by Members of the Industry.
SECTION 4. The term "original sale" shall include, but without
limitation, the sale by a Meinlber of the Industry of products of the
Industry lpurchased from another Member of the Industry.
SECTION 5. The term products of the Industry includes the
following:
(a) Portland cements which comply with standalrd specifications
or tentative standards of the American Soeiety for Testing
Materials.
(b) Modified and/or treated Portland cements.
c) Cementitious products in which Portland cement or Portland
cement clinker is an essential constituent and which are sold in com-
petition with and used in lieu of Portland cement, excluding, how-
ever, masonry and/or bricklayers' cements marketed and/or used as
such.








SECTION 6. The term Member of the Industry" includes, but with-
out limitation, any individual, partnership, a-sociation, corporation
or other form of enterprise engaged in the Industry, either as an
employer or on his or its own behalf.
SECTION 7. The term affiliate means any individual, partnership,
association, corporation, or other form of enterprise whose relations
to a Member of the Industry are such that either one has directly or
indirectly a substantial interest in the other or that a third entity
or a group of stockholders has directly or indirectly a substantial
interest in both or substantial control of both.
SECTION 8. The term employee" includes anyone engaged in the
Industry, in any capacity, receiving compensation for his services,
irrespective of the n;riture or method of payment of such compensa-
tion, except a Member of the Industry.
SECTION 9. The term employer includes anyone engaged in the
Industry by whom any such employee is compensated or employed.
SECTION 10. The term "district" means each of the gegrnphical
producing districts of products of the Industry as now or hereafter
designated by the United States Bureau of Mines or other govern-
mental agency.
* SECTION 11. The term "productive capacity" shall mean the pro-
ductive capacity of the Industry as determined by the United States
Bureau of Mines.
SECTION 12. The term Institute shall mean The Cement Insti-
tute.
SECTION 13. The term "Board" shall meani the Board of Trustees
of The Cement Institute.
SECTION 14, The term "plant" shall mean a Portland Cement
Ma nufacturing Plant.

ARTICLE III-HOURS OF LABOR
MAXIMUM HOURS
SECTION 1. No employee shall be permitted to work in excess of
forty (40) hours in any one (1) week or over eight (8) hours in any
twenty-four (24) hour period or more than six (6) days in any seven
(7). day period except as herein otherwise provided.

HOURS FOR CLERICAL AND OFFICE EMPLOYEES
SECTION 2. No person employed in clerical or office work shall be
permitted to work in excess of an average of forty (40) hours per
week during any five (5) week period, or more than forty-eight (48)
hours in any one (1) week period.

:EXCEPTIONS TO HOURS
SECTION 3. The limitations specified in Sections 1 and 2 of this
Article III shall not apply to the following:
(a) Employees engaged in emergency maintenance or emergency
repair work involving breakdown or protection of life or property;
provided, that not less than one and one-half (11/) times the regu-









lar wage rate for any employee so employed shall be paid for all
hours worked in excess of the mnnximlni hours her.inbiefore provided.
(b) Employees in packing and shipping departments; provided
such employees shall not be permitted to work in excess of forty-
eight (48) hours in any one (1) week; and provided further, that
not less than one and one-half (11/2) 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.
(c) 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; and sales and sales service employees.
(d) Watchmen; provided such employees shall not be permitted
to work in excess of fifty-six (56) hours in any seven (7) day period,
or more than six (6) days in any seven (7) day period.

EMPLOYMENT BY SE\VE.'.AL EMPLOYERS

SECTION 4. No employer shall knowingly permit any employee to
work for any time, which, when totaled with that already performed
with another employer or employers in this Industry or any other
Industry, or in any Trade, exceeds the maximum permitted herein.

ARTICLE IV-WAGES

MINIMUM WAGES

SECTION 1. Except as hereinafter provided, no employee shall
be paid at less than the hourly rates specified for each of the twelve
(12) geographical districts, which as now designated are set forth
in Exhibit A of this Code, as follows:
Minimum wage
District: per hour (cents)
No. 1. Eastern Pennsylvania, New Jersey, Maryland -- -------- 40
No. 2. Niw York, Maine---------------------- 40
No. 3. Western Pennsylvania, Ohio, West Virginia ---------------- 40
No. 4. Michigan -------------------------------- -- 40
No. 5. Wisconsin, Illinois, Indiana, Kentucky--_-----_- __ --40
(Except Jefferson and MtMele Counties, Kentucky) ____ 38
No. 6. Virginia, Tennessee, Alabama, Georgia, Florida, Louisiana --- 30
No. 7. Eastern Missouri, Iowa, Minnesota; South Dakota-------- 40
(Except St. Louis County, Minnesota, and Rails County,
3M issuri) --------------- ----------------- 37
No. 8. Western Missouri, Nebraska, Kansas, Oklahoma, Arkansas__ 40
No. 9. Texas ------------------------------------------- 30
No. 10. Colorado, Montana, Utah, Wyoming, Idaho ---__------ 40
No. 11. California ---------- -------_----------------- 40
No. 12. Oregon, Washington- ------- ---------------- 40
The rates of pay hereinbefore provided shall not be understood
to be the maximum rates of pay for the respective districts.

HANDICAPPED PEI:SONS

SECTION 2. A person whose earning capacity is limited because of
age, physical or mental handicap, or other infirmity, may be employed
on light work at a wage below the minimum established by this
135365 ----1844-25---35-2








Code if the employer obtains from the state authority, designated by
the United States Department of Labor, a certificate authorizing such
person's employment at such wages and for such hours as shall be
stated in the certificate. Such authority shall be guided by the instruc-
tions of the United States Department of Labor in issuing certificates
to such persons. Each employer shall file monthly with the Code
Authority a list of such persons employed by him, showing the wages
paid to, and the maximum hours worked by such employees.

PIECEWORK COMPENSATION
SECTION 3. The foregoing provisions of this Article establish a
minimum rate of pay regardless of whether an employee is compen-
sated on a time rate, piece rate, or other basis.

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
(late of this Code by each employer who has not heretofore made
such adjustments since the enactment of the National Industrial Re-
covery 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 subse-
quent to the d;at of the last adju-.tment made prior to this Code's ap-
proval on November 27, 1933. In no event, however, shall hourly
rates of wages be reduced in making such adjuistinlt-. Within sixty
(60) days after the effective date of this Code each MeNiher of the
Industry shall nim:ke a report of such adjustment, whether made prior
to or subsequent to the date of approval of this Code, to the Code
Authority.
PAYMENT OF WAGES
SECTION 5. Each employer shall make payment of all wages in
lawful curreIny, or by negotiable check therefore, payable on demand.
These w;lges 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 by law.

ARTICLE V-GENERAL LABOR PROVISIONS
CHILD LABOR
SECTION 1. No person under eighteen (18) years of age shall be
employed except in clerical, sales service, technical and engineering
office duties, and no person under sixteen (16) years of age halll
be employed in any Ciip lnity. In any state an employer shall be
deeimwd to have complied with this provision as to age if he shall
have on file a certificate or permit, duly signed by the authority,
in such state, empowered to issue employment or age certificates or
permits, showing that the employee is of the required age.









PROVISIONS OF THE ACT
SECTION 2. Pursuant to Subsection (a) of Section 7 of the Act, and
so long as this Code shall be in effect:
(a) Employees shall have the right to organize and bargain col-
lectively 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 desigrnatiion of such representatives or
in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
(b) No employee and no one seeking employment -hall be re-
quired as a condition of employment. to join any company union or
to refrain from joining, organizing, or assisting a labor organiza-
tion of his own choosing.
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribed by the Presi.dent.

STATE LAWS

SECTION 3. 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 condition.;, or in srance, or
fire protection, than are imposed by this Code. Standards for
safety and for the protection of health shall be submitted by the
Code Authority to the N. I. R. Board within three (3) months
after the effective date of this amendment and when approved by
the N. I. R. Board shall have the same effect as other provisions
of this Code.
RECLASSIFICATION OF EMPLOYEES

SECTION 4. 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.

DISMISSAL FOR COMPLAINT

SECTION 5. No employer shall dismiss or demote any employee for
making a complaint or giving evidence with respect to an alleged vio-
lation of the provisions of any Code of Fair Com:petition approved
under Title I of the Act.
POSTING

SECTION 6. All employers shall post and keep posted copies of this
Code in conspicuous places accessible to all employ3t,-s. Every Meill-
ber of the Industry shall comply with all rules and eu -lations relative
to the posting of provisions of Codes of Fair Competition which may
from t ilie to time be prescribed by the N. I. R. Board.

COMPANY TOWNS AND STiHI:S
SECTION 7. Employees other than maintenance or supervisory men,
or packers, or those mece-sa ry to protect property, may not be required








as a cond ition of employment to live in houses rented from or specified
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
AUTHORITY
ADMINISTRATION
SECTION 1. A Code Authority is hereby constituted to cooperate
with the N. I. R. Board in the administration of this Code, to insure
the execution of the provisions of this Code and to provide for the
compliance of the Industry with the provisions of the Act.
SECTION 2. The Code Authority shall be the general planning, co-
ordinating, and administering agency of this Code and shall operate
in accordance with the provisions of this Code and pursuant to by-laws
adopted thereunder.

ORGANIZATION AND CON .m1 I'T lTI'i N
SECTION 3. The Code Authority shall consist of not more than ten
(10) memnibers to be selected as follows:
(a) Seven (7) members, with one (1) vote each, shall be elected by
the Board, one (1) of whom shall be designated to serve as the
chairman.
(b) Not more than three (3) nlmeiberr, without vote and without
compensation from the Industry may be appointed by the N. I. R.
Board.
SECTION 4. The Institute shall:
(a) Impose no inequitable restrictions on membership.
(b) Submit to the N. I. R. Board true copies of its articles of
association, by-laws, rules and regulations any amendments when
made thereto, together with any other information relating to mem-
bership, organization and activities as the N. I. R. Board may deem
necessary to effectuate the purposes of the Act.
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 Authority exer-
cising reasonable diligence in the conduct of his duties hereunder
be liable to anyone for any nation or omission to act under this Code,
except for his own wilful malfeasance or nonfeasance.
SECTION 6. 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 N. I. R. Board may prescribe
such hearings as it may deem proper, and thereafter if it shall find
that the Code Authority is not truly representative or does not in
other respects comply with the provisions of the Act, it may require
an appropriate modification of the Code Authority.
SI-:e i'INs 7. If the N. I. R. Board shall at any time determine that
any nation of the Code Authority or any agency thereof may be
unfair or unjust or contrary to the public interest, the N. I. R. Board
may require that such action be suspended to afford an opportunity








for investigation of the merits of such action and further considera-
tion by such Code Authority or ager y pending final ;I-tion which
shall not be effective unless the N. I. R. 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.
SECTION 8. Any MehmI-ier of the Industry shall be entitled to par-
ticipate in and share the benefits of the activities of the Code Au-
thority, and to participate in the selection of the members tlerof
by complying with the requireiiieiits of this Code and by paying
his reasonable share of the exNpein-es of its adliiii.itratior. The rea-
sonable share of explenses of administration shall be determined by
the Code Authority subject to review by the N. I. R. Board on the
basis of volume of business and/or such other factors as may be
deemed equitable to be taken into consideration.
SECTION 9. No member of the Code Authority or of any committee
designated by it shall participate in a proceeding in which he or it
is interested, either as complainant or as respondent, or in which he
or it is in any other manner directly interested.

POWERS AND DUTIES
SECTION 10. Subject to such rules and regulations as may be issued
by the N. I. R. Board to the extent permitted by the Act, the Code
Authority shall have the following powers and duties, in addition to
those authorized by other provisions of this Code:
(a) To obtain from Members of the Industry, through a disinter-
ested agency, such information and reports as are required for the
administration of this Code. In addition to information required to
be submitted to the Code Authority, Members of the Industry sub-
ject to this Code shall furnish such statistical information as the
N. I. R. Board may deemi necessary for the purposes recited in Sec-
tion 3 (a) of the Act to such Federal and State agencies as it may
designate; provided that nothing in this Code shall relieve any Mem-
ber of the Industry of any existing obligations to furnish reports to
any government agency. No individual report shall be disclosed to
any Member of the Industry or any other party except to such other
governmental agencies as may be directed by the N. I. R. Board, and
except, as may be required by any provision of this Code.
(b) 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 Authority
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.
(c) Upon complaint of interested parties, upon rq'.que(.t of the
N. I. R. Board, or upon its own initiative, to make such inquiry and
investigation as to the operation and observance of this Code as may
be necessary and report the result- thereof to the N. I. R. Board for
such action by it as may be in accordance with law.
(d) To provide appropriate facilities for arbitration, and subject
to the approval of the N. I. R. Board, to prescribe rules of procedure
.and rules to effect compliance with awards and determinations.








(e) To call meetings of Members of the Industry to consider fur-
ther trade practice provisions to govern Members of the Industry in
their relations with each other or with other industries, measures for
industrial planning, measures for control of production, measures for
stabilization of employment and conservation of natural resources,
as the Code Authority shall consider to be for the best interests of the
Industry, and to recommend to the N. I. R. Board such measures as
have been voluntarily agreed upon, such recommended measures, upon
approval by the N. I. R. Board, after such notice and hearing as it
may prescribe, to have the same effect as other provisions of this
Code.
(f) To prepare and submit to the N. I. R. Board for approval a
standard method or system of uniform cost accounting which shall
specify all items and include all elements of manufacturers' cost.
Nothing contained herein shall be construed to permit the Code Au-
thority, any agent thereof, or any Member of the Industry to suggest
uniform additions, percentages or differentials or other uniform items
of cost which are designed to bring about arbitrary uniformity of
costs or prices. Thereafter, each Member of the Industry shall utilize
such methods to the extent found practicable.
(g) Any interested party shall have the right to complain to the
Code Authority under such rules and regulations as it may prescribe
in respect of any rule, regulation, order or finding made or course
of action pursued by the Code Authority, and any interested party
shall have the right to appeal to the N. I. R. Board under such rules
and regulations as it may prescribe in respect to any decision, rule,
regulation or course of action of the Code Authority, pursuant to any
provision of this Code.
SECTION 11. Each Member of the Industry shall keep such accurate
and complete records of its transactions in the Industry as may be
necessary to show compliance with the provisions of this Code, and
shall furnish accurate reports based upon such records concerning any
of its activities when required by the Code Authority or the N. I. R.
Board. If the Code Authority or the N. I. R. Board shall determine
that substantial doubt exists as to the accuracy of any such report, so
much of the pertinent books, records and papers of such member as
may be required for the verification of such report may be examined
by an impartial agency, agreed upon between the Code Authority and
such Mleinber or in the absence of agreenmet, appointed by the
N. I. R. Board. In no case shall the facts disclosed by such examina-
tion be made available in identifiable form to any competitor, whether
on the Code Authority or otherwise, or be given any other publica-
tion, except such as may be required for the proper administration
or enforceeni'it of the provisions of this Code.
S'ECTION 12. No MAember shall furnish any information required
by any provision of this Code which is inaccurate or misleading in
any material particular.
ARTICLE VII-LIQUIDATED DAMAGE AGREEMENT
SECTION 1. Recognizing that violation of any provision of this Code
by a Member of the Industry will disrupt the normal course of fair
competition in the Industry and cause serious damage to other Mem-
bers of the Industry, and that it will be impossible to determine ac-








curately the amount of such damage to any Member or Members of
the Industry, it is hereby provided that any Memviber of the Industry
may enter into an agreement with any other Member or Members of
the Industry providing for the payment of liquidated damages by
any party thereto upon violation by him of any provision of the
Code; provided, however, that such agreement shall become effective
and binding upon the parties thereto only after the execution thereof
shall have received the con.-ent of the National Recl-,very Adminis-i:tra-
tion. It is further provided that Members of the Industry desiring
to do so may enter into a contract substantially in the form of Exhibit
" D appended to this Code.
SECTION 2. Violation of such a contract shall not in any sense be
deemed a violation of this Code within the purview of Sect Ins 3 (b),
3 (c), and 3 (f) or other provisions of the Act. Rather, it is intended
in this Article that the force and effect of said contract will be de-
rived from the individual and private action of the parties and not
from any provision of this Code or of the Act, or of any rules and
regulations prescribed pursuant thereto.

ARTICLE VIII-OPEN PRICE FILING
SECTION 1. Each Member of the Industry shall ;ile with a confiden-
tial and disinterested agent of the Code Authority identified lists
of all of his prices, discounts, allowances, and all other terms or condi-
tions of sale, hereinafter in this Article referred to as price terns ",
which lists shall completely and accurately conform to and repre-
sent the individual pricing practices of said Member. Such lists shall
contain the price terms for all products of the Industry as are sold
or offered for sale by said fMernber. Said price terms shall in the
first instance be filed within five (5) days after the date of approval
of this Code, and Menmbers of the Industry shall make the same public
by broadcast quotations to the trade, so that competitors, the trade,
and the buying public may at all times have accurate information rela-
tive thereto. Any Member of the Industry may from time to time
change or revise his price terms by filing such revised price terms
with the agent of the Code Authority. Immediately upon receipt
thereof, said agent shall, by telegraph or other means which is equally
as prompt as the method used by the filer, acknowledge receipt thereof.
The agent of the Code Authority shall with equal promptness notify
all interested Members of the Industry of such revisions and the oper-
ative dates thereof by such means as the Code Authority deems neces-
sary. Said lists or revisions or any part thereof shall not be made
available to any Member of the Industry or customers until released
to all interested Members of the Industry.
SECTION 2. NO Melmber of the Industry shall anticipate by quota-
tion, sale, contract, or otherwise, any change or revision of price
terms until the same shall have been on file five (5) days at the
office of the crnfidleintial, disinterested agent of the Code Authority.
At the expiration of such five (5) day filing period the said changes
or revisions shall become operative and such fifth day from the
date the filing is received at the office of the Cude Authority's agent
shall be known as the "operative date." Such changes or revisions
shall be made public by broailca.-t quotations to the trade in the
manner provided in Section 1 hereof but not prior to the operative








date. When any Member of the Industry has filed any revision
such Member shall not file a higher price within five (5) days.
Prices on file with the confidential, disinterested agent of the Code
Authority shall be made available for inspection by any customers
of Members of this Industry at the office of the Code Authority's
agent and shall be disseminated to customers who have applied
therefore and have offered to defray the cost actually incurred by the
Code Authority in the preparation and distribution thereof. The
Code Authority's agent 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 N. I. R. Board.
Upon request the e Code Authority's agent shall furnish the N. I. R.
Board or any duly designated agent copies of any such lists or
revisions of price terms.
SECTION 3. No Member of the Industry shall sell or offer to sell
any products of the Industry, for which price terms have been filed
pursuant to the provisions of this Article, except in accordance with
such price terms; provided, however, that any Member of the In-
dustry may meet the revised price terms of another Member, estab-
lished by the above method, as of their operative date and period,
and all Members meeting such revised price terms shall make the
same public by broadcast quotations to the trade and shall notify the
Code Authority's agent that they are meeting such price terms.
SEC TION 4. 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 In-
dustry 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 to create.
SECTION 5. Manner of Procedure on Price Changes:

DECLINES IN PRICE
(a) Filed revised prices resulting in price declines shall be retro-
active on all shipments made within five (5) calendar days before
the operative date thereof, and for such shipments a Member of the
Industry shall issue new invoices on the basis of the new filed price
as soon as such revisions become operative.
ADVANCES IN PRICE
(b) Filed revised prices resulting in price advances shall be made
effective to the trade five (5) calendar days after the operative date.
During the five (5) days prior to the effective date of an advance,
current market orders may be booked at the prior price for shipment
not more than fifteen (15) days from the date the advance becomes
effective.
(c) Each specific work quotation shall contain a provision permit-
ting withdrawal on five (5) days' notice.
(d) After an advance in price all outstanding quotations on work
for which bids have been opened, which quotations extend longer than
fifteen (15) days from the effective date of the new price, shall be
withdrawn or revised to expire on such fifteenth day.








(e) All quotations at the prior price, made during the five (5)
day notice period shall be confined to jobs on which bids are to be
opened prior to ten (10) days from the effective date of the new price.
Such quotations may be closed by contract not later than fifteen (15)
days from the effective date of the new price.
(f) All quotations outstanding on jobs on which bids are to be
opened later than ten (10) days from the effective date of the new
price shall be withdrawn, and any quotations made on such jobs during
the five (5) day notice period shall be at the new price.

CONTRACTS
SECTION 6. Nothing in this Code shall prevent a Member of the
Industry from selling products of the Industry in accordance with the
terms of a legally binding contract provided the conditions of this
Article VIII are complied with. The provisions of Sections 6, 7, 8
and 9 of this Article VIII shall apply only to specific sales orders and
specific sales contracts.
(a) No Member of the Industry may make a contract or order to
sell products of the Industry or sell pursuant to such a contract or
order unless such contract or order contains a definite and accurate
statement of all items necessary to form a complete legally binding
contract or order, such as price, terms of payment, quantity, place of
delivery, effective period of contract or order, name of purchaser,
name of user and a complete description of the work.
(b) No contract or order for sale of products of the Industry shall
contain any provision which would require a Member of the Indus-
try to do any act in violation of this Code.
FILING OF CONTRACTS
SECTION 7. Every Member of the Industry shall file with an agent
of the Code Authority a copy of every contract or order by which
he sells or undertakes to sell products of the Industry. The agent
of the Code Authority shall maintain a file of such contracts or
orders which shall be open to the inspection of interested Members
of the Industry in accordance with such rules and regulations as
may from time to time be provided by the Code Authority with the
approval of the N. I. R. Board. Each contract or order so filed shall
contain or be accompanied by a statement of the nature and quantity
of products involved and a complete statement of all price terms
included therein as provided in Section 6, Sulisection (a) of this
Article VIII. Each such contract or order which is made on or
after the effective date of this amended Code shall be so filed within
five (5) days from the date of execution thereof. Each outltand-
ing contract or order which is in effect on the effective date of this
amended Code shall be so filed within ten (10) days from the effec-
tive date of this amended Code, and shall be accompanied by a
statement indicating the quantity of products specified therein which
remains undelivered. The filing of other than bona fide contracts
or orders will constitute a violation of this Code. Upon receipt of
such filed orders or contracts the agent of the Code Authority shall
send digests thereof to all interested Members of the Industry.
135365*-1844-25----35----3








NOTICE OF COMPLETION
SECTION 8. Each Member of the Industry shall notify the agent
of the Code Authority of the completion of each such contract or
order within ten (10) days after the date of such completion.
EXTENSION
SECTION 9. No contract or order shall constitute a defense to any
charge alleging violation of this Code if the effective period thereof
is extended or if there is any substantial overshipment thereunder.
Nothing in this Article shall prevent any Member from making a
new contract or order with any person provided the terms thereof
are not in violation of the terms of this Code or amendments hereto
which are in effect at the time of making such contract or order, and
provided further that a copy of such new contract or order is filed
as provided in this Article. For the purpose of this Article every
revision, modification, renewal or extension of any contract or order
shall constitute a "new contract ".
ARTICLE IX-TRADE PRACTICES
SECTION 1. The following trade practices are specifically declared
to con-titute 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,
affiliate or employee. Engaging in any one or more of these or any
further trade practice provisions which hereafter may be estab-
lished as unfair, on recommendation by the Code Authority ap-
proved by the N. I. R. Board after such hearings as it may prescribe,
shall be deemed to be in violation of this Code.
SECTION 2. No Member of the Industry shall give, permit to be
given, or directly offer to give, anything of value for the purpose
of influencing or rewarding the action of any employee, agent, or
representative 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 commercial bribery provision shall not be construed to prohibit
free and general distribution of articles commonly used for advertis-
ing except so far as such articles are actually used for commercial
bribery as hereinabove defined.
SECTION 3. Imitating or simulating any design, style, mark or
brand owned by any other Member of the Industry, provided that
nothing herein shall prevent any Member from using any design,
style, mark or brand with the consent of the owner.
SECTION 4. Modifying or cancelling in whole or in part, or per-
mitting the modification or cancellation in whole or in part, of any
contract of sale of any product for the purpose or having the effect
of effectuating a new contract with the buyer when the effect of such
modification or cancellation is to create an advantage in price terms
for a Member of the Industry or to violate any provision of this Code.
SECTION 5. Knowingly inducing or attempting to induce the breach
of any existing contract. (including specific sales orders) between
any other Member of the Industry and his customer or his source of
supply; or interfering with or obstructing in any manner the per-








formance of contractual duties or services between a Member of the
Industry and his customer.
SECTION 6. Knowingly selling or offering to sell products of In-
dustry for specific projects or period requirements to a purchaser with
whom another Melmber of the Industry has a contract to furnish
products of the Industry for the same requirements without first hav-
ing taken the following steps: (a) Filing with the Code Authority
proof that he has been requested by the customer to furnish such
products for such requirements, and (b) notifying said other Mem-
ber of the Industry of his intention to sell products to such purchaser.
SECTION 7. Disseminating, publishing or circulating any false or
misleading information relative to any product or price for any
product of any Member of the Industry, or the credit standing or
ability of any Member of the Industry to mine or quarry raw mate-
rials, or manufacture or sell or deliver products of the Industry.
SECTION 8. No Member of the Industry shall knowingly withhold
from or insert in any quotation, contract, or invoice, any statement,
the withholding or insertion of which makes such quotation, contract
or invoice inaccurate in any material particular.
SECTION 9. Making any sale or contract of sale of any product of
the Industry under any description which does not fully describe
such product in the nomenclature customarily used in the Industry.
SECTION 10. Secretly paying or allowing rebates, refunds, commis-
sions, credits, unearned discounts, excess allowances, special services
or privileges, whether in the form of money or otherwise, to certain
purchasers which are not extended to all purchasers under similar
circumstances for the purposes of influencing a sale.
SECTION 11. Permitting, directly, or indirectly, the consummation
of any sale made with the intent, or having the effect, of violating
the provisions of the Act and of this Code.
SECTION 12. Aiding or abetting any person, firm, association or
corporation, directly or indirectly, in any practice which would tend
to defeat the provisions of the Act and of this Code.
SECTION 13. TO compensate salesmen in any manner other than
upon a fixed salary and full-time basis. To pay or offer to pay di-
rectly or indirectly any commissions or other remunerations for the
sale of cement except as provided herein.
SECTION 14. To divert or permit the diversion of shipments of
cement, the effect of which will be to enable a purchaser or user to
secure cement at variance from the Member of Industry's filed price
terms for the point of final destination.
SECTION 15. The prepayment of transportation charges on ship-
ments consigned to other than the Member of the Industry itself
(except in the case of railroad freight charges to stations to which
regulations require prepayment from any shipping point) or the
payment of demurrage charges by any Member of the Industry on
such shipments; provided, however, that the foregoing provision,
except as to demurrage charges, shall not apply to shipments pur-
chased directly by and consigned to departments of the United States
or State Governments.
SECTION 16. Knowingly diverting or permitting to be diverted to
other uses, cement shipped for a specific work project or knowingly
shipping on a specific sales order or contract an amount of cement
in excess of the actual needs of such work.








SECTION 17. To entice the employees of a competitor with the
intent or effect of interfering with the conduct of the business of
such competitor; provided that nothing herein shall be construed
to prevent any employee from voluntarily changing his employment
in order to better his condition.
SECTION 18. Knowingly to ship cement by any transportation
agency which makes payments or concessions by rebates or otherwise
for the purpose or with the effect of inducing or influencing the sale
or purchase of cement.
SECTION 19. The payment, or offer to make payment, directly or
indirectly, of any advertising expenses of purchasers or users of
cement.
SECTION 20. Lavish, excessive, or undignified entertainment of
purchasers or users of cement, or others connected therewith; do-
nating funds, or providing banquets or other similar lavish enter-
tainment for purchasers or users, or associations thereof; giving
or offering to give premiums, personal gifts, gifts of cement, or gifts
of any other commodity of value to purchasers or users of cement.
SECTION 21. Selling or offering to sell a non-Industry product
together with an Industry product when the combined price for
the two products is less than the applicable filed price for the In-
dustry product, plus invoice cost (including transportation costs)
for the non-Industry product, or the filed price for this non-Industry
product by a Member of this Industry who is also a Member of the
Industry of which this non-Industry product is an Industry product,
for the purpose or having the effect of influencing or inducing the
sale of products of the Industry and thereby creating an unfair
price advantage for a Member of the Industry.
SECTION 22. The furnishing of articles or facilities of a definite
physical nature, whether by way of loan, lease, gift, or otherwise,
without commensurate consideration therefore. (Services to pur-
chasers or users are proper under fair competition, if confined within
the limits of advice and consultation.)
SECTION 23. Maliciously refusing to sell to, or maliciously inter-
fering with the business of, dealers or users of products of the In-
dustry purchased from a competitor, for the purpose of interfering
with the conduct of the business of such competitor.
SECTION 24. Filing or agreeing to file new price terms or making
or agreeing to make any new or special price, or prices, or terms, on
Industry or other products, as a condition or in consideration of the
receipt or placement of an order for any product of the Industry.
SECTION 25. Using any subterfuge, either in collusion with an affili-
ate or otherwise, for the purpose or with the effect of evading or
violating the provisions of the Act or of this Code; or engaging in a
transaction involving, or being a party to a sale influenced by any
act performed by an affiliate or otherwise, which act if performed by
such Member of the Industry would be a violation of this Code.
SECTION 26. The direct or indirect giving, permitting to be given,
or offering of money or anything of value by a Member of Industry,
or his agents, employees, salesmen, or representatives, to the agents,
employees, buyers or representatives of customers or prospective cus-
tomers, or to the customers themselves, for the purpose of inducing
such customers, or their agents, employees, buyers or representatives,








to purchase or contract to purchase products from the Member of
Industry making such gift, or suffering the same to be made, or to
refrain from dealing or contracting to deal with competing Members
of Industry.
SECTION 27. The following practices, undertaken for the purpose or
with the effect, directly or indirectly, of furthering the sale or use
of a particular brand of cement shall constitute unfair trade practices
and a violation of this Code:
(a) Except with the approval of the N. I. R. Board (which, when
given, shall apply to all Members of the Industry in the marketing
area affected) the purchase by any Member of the Industry of bonds
or other securities, issued for the financing of construction work,
either in the name of the Member of the Industry, its subsidiaries, or
of individuals, or officers connected therewith, or the acceptance of
such bonds, or other securities, in payment, wholly or in part, for
cement, or the advance, loan, or payment of any monies by a Member
of the Industry for the purpose of inducing the purchase of cement,
or to assume cost of bidders' bonds or to endorse or guarantee or in
any way relieve a bidder of the responsibility for or the expense of
providing such bonds.
(b) For a Member of Industry to maintain or utilize any bllineses
relationship with any purchaser or user of the products of this Indus-
try, whether or not such purchaser or user is an affiliate, a member
of another Industry or any individual, partnership, corporation,
association or other form of enterprise for the purpose or with the
effect of violating any provisions of the Act or of this Code.
(c) For the purpose or with the effect of evading the provisions
of this Code, the purchase of fuel or supplies, either directly or indi-
rectly, or in the name of the company, or its subsidiaries, or of indi-
viduals, or officers connected therewith at prices above the market
price thereof at the time of purchase.
ARTICLE X-METHOD OF SELLING AND MARKETING CEMENT
SECTION 1. Because of inherent varying conditions in the several
widely separated marketing areas throughout the United States,
the Code Authority may submit recommendations to the N. I. R.
Board for such exceptions to any of the provisions hereof, for all
Members of the Industry in the marketing areas affected, as to it
may seem appropriate or necessary to better effectuate the purposes
and provisions of this Code.
SECTION 2. No Member of the Industry shall discriminate in
prices, terms and conditions of sale at the same time and place of
delivery between purchasers or users of cement in the same class
and similarly situated.
SECTION 3. The products of this Industry shall be marketed on
the basis of a barrel weighing three hundred and seventy-six (876)
pounds net; unless a different weight shall have been filed with the
Code Authority, and shall be delivered in the following manner:
(a) In cloth or paper sacks; four (4) sacks of ninety-four (94)'
pounds net each constitute a barrel, unless a different weight shall
have been filed with the Code Authority's agent and printed on the
container.








(b) In bulk invoiced on the basis of scale weights at point of
origin or enroute or nearest track scales enroute from point of
origin.
(1) Settlement on carload shipments of bulk cement shall be on
track scale weights of carriers unless the consignee proves by nota-
tion on freight bill by railroad agent as to fact and extent of short-
age occurring on some particular car and only in that case provid-
ing that claim for shortage is made within fifteen (15) days after
the arrival of such car at destination.
(2) When grain doors, bulkheads or boards are used to protect
shipments of bulk cement, the weight of such dunnage shall be
considered as a part of the tare weight of the car.
SECTION 4. Cement shall be sold either on current or market
orders for delivery within fifteen (15) days, or on orders or con-
tracts for future delivery beyond fifteen (15) days. Quotations
on current orders shall be for immediate acceptance, and orders
for delivery within fifteen (15) days shall be subject to shipment
on the fifteenth day without notice to the buyer.
SECTION 5. Orders or contracts for future delivery beyond fifteen
(15) days from date of purchase shall be sold either to cover
period requirements or specific work.
SECTION 6. Exhibits B and C attached to this Code are designed and
suggested for use in closing commitments for the delivery of cement
beyond fifteen (15) days from date of purchase for specific work or
period requirement-. Exhibit B (specific sales order) should be exe-
cuted where a sale is made by a Member of this Industry to a dealer,
and Exhibit C (specific sales contr wt) should be executed:
(a) To cover unfinished commitments with dealers under Exhibit
B in event of an increase in the market price.
(b) To cover new commitments with dealers at prices prior to an
advance, but closed during the period immediately following the
advance. Such contracts shall be supported by dealer's record of prior
deliveries and contractor's written estimate of requirements.
(c) To cover initially all direct sales by Members of this Industry
for delivery beyond fifteen (15) days.
SECTION 7. Time of Closing Calendar Requirement Contracts.-
Contracts for any quarter shall be quoted or closed not earlier than
the first day of the last month of the preceding quarter.
SECTION 8. Where land grant or other special freight rates are
applicable to shipments to the United States Government, a Member
of the Industry may file with the Code Authority in the manner pre-
scribed for prices under Article VIII, destination costs to the United
States Government computed on such rates. Any Member of the
Industry may meet destination costs thus established, as of their
operative (;lte.
SECITIN 9. To prevent diversions of cement prohibited by this Code
and to iii,-iir the broadest field of active competition for all cement
business offered, cement shall not be quoted or sold in quantit ies or for
points of delivery which are not definitely specified.
SErcTI'rN 10. The provisions of this Article are designed to meet
Ipre-i'ntt indl-tri;al and social conditions as they relate to the Portland
C'.AIuInt Industry; but the N. I. R. Board reserve the right, from time
1See paragraph 2 (1) of order approving this Amendment.









to time and after such hearing as may be deemed necessary, to modify
the provisions hereof, as conditions and circumstances may indicate to
be necesa ry to effectuate the policy and provisions of the Act.
ARTICLE XI-TERMS AND CONDITIONS OF SALE
SECTION 1. All future sales orders and future sales contracts for
the sale of products of the Industry shall contain a definite state-
ment of price, quantities, terms of payment, time and place of deliv-
ery, and all other terms of sale nece-'.ary to form a complete and
unambiguous contract.
SECTION 2. Attached hereto and marked Exhibits B and C are
forms of future specific sales orders, and contracts, the provisions,
terms and conditions of which have been agreed to by Members of
the Industry as representing in substance the best practices within
the Industry.
SECTION 3. Terms of payment shall be as follows: A cash discount
of not in excess of ten cents (10#) per barrel may be deducted from
invoices paid in full within fifteen (15) days from date of issue. A
cash discount of not in excess of twenty cents (200) per barrel may
be deducted from invoices for White Portland cement paid in full
within fifteen (15) days from date of issue. Invoices not discounted
are payable net thirty (30) days from date of issue.
(a) Where purchases involve frequent shipments, a plan of semi-
monthly remittance, based on a fifteen (15) day average, may be
used as follows:
All invoices dated from first day of month to fifteenth day of
month, inclusive, to be paid by the 22nd of that month; and all in-
voices dated 16th to 31st, inclusive, to be paid by the 7th day of the
following month.
(b) Cash discount shall not be allowed if remittance is forwarded
after the expiration of the fifteen (15) day period, or semimonthly
period; or if deduction is made in the remittance for cloth sacks to
be returned or in transit and not yet credited; or if the remittance
consists in whole or in part of notes, trade acceptance, scrip, war-
rants (whether interest bearing or not) or any medium other than
canh or bankable check for the full amount of the invoices upon which
cash discount is deducted.
(c) The postmark date at point of mailing shall dlt'-rliiiiie the
date of remittance.
(d) No unearned di'conlnts shall be allowed.
SECTION 4. Package Charges and Allowian.es
(a) When cement is shipped in cloth or paper sacks the price shall
include the Member of the Industry's published deposit or leasing
charges for cloth sacks or the selling charge for paper sacks and pay-
ment of such charges shall be required at the same time as the cement.
(b) When used cloth sacks are returned empty to the Member of
the Industry the credit or allowance shall at all times be in accordance
with the Member's published terms and conditions of sale.
INVOICES
SECTION 5. Invoices shall be dated as of the date of shipment (pro-
vided where special and unusual conditions prevail, the Members of
the Industry in the district or districts concerned, may, subject to the








approval of the Code Authority and the N. I. R. Board, change this
provision to conform to such special and unusual conditions) and shall
contain full information as to price, quantity, kind of pa;'ck;gae, terms
of payment, place of deliveries, routing. amount of freight allowed,
and any other data necessary to show fully all conditions entering
into the sale. Any deviation or (conc,.-i:nii from these conditions
is an unfair practice.
ARTICLE XII-STANDARDIZATION OF PRODUCTS
SECTION 1. All Portland cement marketed by KMembers of the In-
dustry shall comply with the standard specifications and/or tentative
standards for Portland cement of the American Society for Testing
Materials, and/or the American Standards A-:ociation, and/or the
Federal Specification Board. Members of the Industry may sell
" Products of the Industry other than Portland cement under specifi-
cations that are designed to meet special or unusual conditions not
adequ ately or properly covered by the specifications hereinabove re-
ferred to; provided, however, that the price at which such Products
of the Industry are sold shall be filed with the Code Authority in
accordance with Article VIII.
SECTION 2. Every Melmber of the Indu.-stry shall guarantee his prod-
ucts to comply with all of the conditions of the specifications under
which they are sold, but shall not be responsible for the improper use
of cements and therefore shall not guarantee finished work, nor shall
the Member of the Industry be responsible for conditions of product
after delivery.
SECTION 3. NO Member of the Industry shall pay or absorb, directly
or indirectly, any charges for inspect ion or tests made by or on behalf
of the pu rclhaser to determine compliance with specifications therefore.
ARTICLE XIII-EXPORT TRADE
Nothing in this Code contained, excepting, however, the wage,
hour and general labor provisions, shall be deemed to apply to or
affect the sale by any Member of the Industry of any products of
the Industry for direct shipment in export trade.
ARTICLE XIV-MoDIFICATIONS
SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of Subsection (b) of Section 10 of the Act from time
to time to cancel or modify any order, approval, license, rule or
rir.l!:tition issued under said Act.
SECTION 2. Except as to the provisions required by the Act, this
Code may be modified on the basis of experience or changes in cir-
cumstarnce'. such modifications to be based upon application to the
N. I. R. Board, on such notice and hearing as it shall specify and
to become effective on approval by the Pre.-ident.
A uni.: XV
No provision of this Code shall be so construed or applied as to
permit or promote monopoly or monopolistic practices, or to elimi-
nate, oppr-,.-. or discriminate agaiin-( small eliterpri:es.









ARTICLE XVI
This Code as amended shall become effective on the tenth (10th)
day after the date of its approval by the N. I. R. Board and shall
then supersede the Code of Fair Competition for the Cement Indus-
try approved by the President November 27, 1933.
ARTICLE XVII
By presenting this Code, The Cenient Institute and others as-
sent ig hereto do not thereby consent to any modification thereof
and they reserve the right to object individually or jointly to any
such modifications except as may be made in Article X pursuant
to Section 10 thereof.2
Approved Code No. 128-Amendment No. 1.
Registry No. 1010-1-02.

'Deleted-See paragraph 2 (2) of order approving this Amendment.

















EXHIBIT A


Districts

The twelve (12) geographical districts as described by the United States
Bureau of Mines are as follows:


District No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.


1-Eastern Pennr.ylvania, New Jersey, Maryland.
2-Nk w York, Maine.
3-Western Perimuylvania, Ohio, West Virginia.
4-MichliLan.
5-Wisconsin, Illinois, Indiana, Kentucky.
6-Virgiiiia. Tennessee, Ahlla ai; i, Georgia, Florida, Louisiana.
7-Eastern Missouri, Iowa, Minnesota, South Dakota.
&-Western Missouri, Nebliru-ka, Kansas, Oklahoma, Arkansas.
9-Texas.
10-Colorado, Montana, Utah, W~n miing. Idaho.
11-California.
12-Oregon, Washington.


(24)

















EXHIBIT B


(Specific Sales Order)

To --------
Name and Address of Cement Company
We have sold to _____________________ Contractor -- _-- ___- _
Barrels of (Brand) ---------__- Portland Cement for ----------
(Fraction or all)
of his requirements on the following specific work awarded him:
(Character, description and location of work, and name of owner)
We hereby place with you our order for the above quantity of (Brand)
P------- Portland cement, to be packed in
sacks, for use on the above work, at your prevailing market price at time of
shipment, subject to the conditioni stated on both sides hereof.
We will desire delivery made, as the work requires, upon our instructions
in carload lots, F. O. B. cars ,-- ------ ----, deliveries to be complete
prior to --------
It is expressly understood and agreed:
1. That if you advance your market price prior to the completion of ship-
ments on this order, you will, within ten (10) days of the effective date of
such advance, enter into your standard form of specific work contract with
us, at the price prior to such advance, for the quantity of cement that may at
that date be required for the completion of the work covered by this order.
2. That as a basis for such specific work contract, we will suilil. you with
our record of cement delivered to the contractor prior to the time of your
advance in price, together with a written estimate from the contractor, or a
responsible eiiphlo e of the contractor, of the quantity of cement then required
to complete the work.
Sig-ned-: -:--- --
Date:
Accepted:
Cement Company.
(Officer)
Date :------
Terms of Payment. On approved credit net cash thirty (30) days, from
date of invoice, or ten cents (10() per barrel discount for cash in fifteen (15)
days from date of invoice.
If at any time the financial responsibility of Buyer becomes impaired or
unsatisfactory to Seller, it reserves the right to require payments in advance
or ..atisfauctiry security or guarantee that invoices will be lpr'imltly paid when
due.
If Buyer fails to comply with terms of payment, or with any of the other
terms of sale, Seller reserves the right to cancel unfilled portion of this order,
wiithi iut notice. Buyer remaining liable for all unpaid accounts. No waiver of
such right shall be implied from any failure by Seller to exercise the same.
Package.-Cloth -ark- bearing Seller's brands, in which cement herein con-
tracted for is packed, are the property of Seller and are for a period of ninety
(90) days from the delivery by Seller of the said cement, leased by it to Buyer
at a charge of ten cents (100) each, which charge is included in price for cement
packed in cloth sacks and which charge Buyer agre..'s to pay at same time and
on same terms as payment for cement is made.
Buyer agrees within ninety (90) days of delivery of the cement to return to
Seller, the owner, at its nearest plant, freight clarg', collect, as provided by
railroad classifications and tariffs, priperily bundled and so marked as to insure
complete identification, the cloth sacks bea ring Seller's lrruaii-, in which the said
cement is packed, and Seller agrees to refund to Buyer ten cents (10W) for each
said cloth sack so delivered in good condition, subject to Seller's count and in-
(25)










Slper'tirln. and to assume freight charges thereon. If for any reason freight
char'-:. (per railroad tariffs) are prepaid, they will be refunded by Sellor upon
presentation of Railroad Company's ri.,-( ipt'.il freight bill or bill of lading.
For useless cloth sacks which have been wet, no refund will be made. Cloth
sacks bearing other than Seller's brands will be held by Seller for thirty (30)
days subject to Buyer's order.
In the event that any of the said empty cloth sacks bearing Seller's brands
are sold or otherwise di-I-c e'l of by Buyer to any person other than Seller, the
owner, Bii.T.r agreess to pay Seller, as liquidated d:aniige-, ten cents (100) for
each sack so sold or disposed of.
If diirinig the life of this order, Seller shall chainro its present charge for the
lease of cloth -;Ick. or the liquidated dim:ige.-, or both, it is expressly agreed
that the said amount or amounts in the preceding paragraphs shall be changed
a'i.-irdili-ly, and the gris- price specified herein for cement packi d in cloth sacks
shall be clia ngvd in accordance with the change in charge for lease of cloth sacks.
Price on cement packed in paper l:igs includes the paper bags, which are not
returnable. Shipments in paper bags are made at Buyer's risk of breakage and
resultant loss of cement.
(If cement company requires a deposit for cloth sacks, instead of lea ;ing them,
then the following clauses are -ugpe'tted) :
Package.-The cloth sacks, bearing Seller's brand, containing the cement are
not sold, but remain the property of Seller. Buyer agrees to return said cloth
sacks, properly bundled and marked so as to insure complete identification, to
Seller's nearest mill, within ninety (90) days from the date of the delivery of
the cement to Buyer.
Seller agrees to refund to Buyer the deposit of ten cents (100) for each
cloth sack so returned. This deposit has been included in the price herein
stated and Buyer ugre'e to include it when payment for the cement is made.
It is, however, expressly understood that such cloth sacks must be delivered
to Seller's mill in good condition and will be subject to mill count and inspec-
tion, and that no refund will be made for useless cloth sacks, nor for cloth
sacks not of Seller's brand. Such cloth sacks, if received, will be held by
Seller for thirty (30) days subject to Buyer's order and risk.
Seller agrees to pay carrier's freight charges on returned empty cloth sacks
of Seller's brand after delivery to its nearest mill or to refund Buyer for
freight charges prepaid on such shipments upon presentation of original bill
of ladiing properly executed or original receipted freight bill.
If Seller shall chanlle its present deposit required for cloth sacks, it is ex-
pre,-ly agreed that the said amounts in the preceding paragraphs shall be
changed accordingly and the gross price specified herein for cement packed
in cloth sacks shall be changed in accordance with the change of deposit
required.
Price on cement packed in paper bags includes the paper bags which are
not returnable. Shipments in paper bags are made at Buyer's risk of breakage
and resultant loss of cement.
Bulk conent.-Bulk cement shall be invoiced and paid for on basis of scale
weights at point of origin or on railroad track scales, nearest point of origin,
while enroute. Original weights shall be final basis of settlement unless buyer
proves by notation on freight bill by railroad agent the fact and extent of such
shboriiag occurring in any particular car and only in that case providing that
claim for such lshl'rtae is made within fifteen (15) days after arrival of such
car at destination.
When grain doors, blilklieid.s or boards are used to protect shipments of
bulk cement, the \\wigit of such dunnage shall be considered as part of the
tare weight of the car.
Claims.-Claims for loss or dannmge will not be considered unless supported
by seal record and railroad aienit's acknowlel-mn'it on freight bill. Freight
overcharge claims must be a.-cmi;pliied by original receipted freight bill.
Time of dclivery.-Buyer shall give Seller shipping instructions in writing
a reasonable time before shipments are to be made. If Buyer fails to order
shipment within the time specified Seller shall have the right to extend the
time for delivery of such cement, but shall not be olli-i:led to do so, except
at its option.
The Seller reserves the right to select the route and method by which ship-
ments shall be f,,r;'-rded, but no Seller can be reiiuired to favor any one
route or method of.transportation as against another by any joint action of
the Members of the Industry or the Code Authority. Transportation charges










per tariff :pplyingg from shipping point to place of delivery for route and
method of shipment used, \ ill be paid by the Buyer for the account of the
Seller.
Seller shall not be liable to Buyer for any delays in manufacturing, shipping,
or i!elivtrini; said cement, caused by fire, strikes, lockouts, diff'tli'tll.. with
workmen, accidents, war, insurrection, inability to secure cars, coal, or other
material, givriinWniitial interference or re-ulA;tion, delays in transportation or
contingencies beyond Seller's control; and diuinig the time of such delays
Seller shall have the right to prorate among its various customers such cement
as it may be able to m;iuli'ii,'-tiie and ship.
Seller shall have the right, but shall not be cilil: ithd to ship from any plant
other than the one normally t:.lil:. inL the deli,-., point specified herein.
S~peifierctio ii.v.-The cement shipped under this order shall conform to the
present standard specifications for Portland cement of the American Society
for Tertin, M.laria~ls and the American Standards Association and/or the
Federal Sl.r-itin;ition Board, and no other warranty is made in respect thereof.
Seller lhviiig no control over the use of cement will not, therefore, guarantee
finished work in which it is used, nor shall the Seller be responsible for the
condition of cement after delivery to Buyer. Any charge' incident to inspection
or tests made by or on behalf of Buyer to determine compliance with specifica-
tions shall be paid by Buyer.













EXHIBIT C


(Specific Sales Contract)
Agreement made this--- day of ------ 193-- between
--------------------Cement Co in any, iereiitl'lrt'er called
Seller and ---------------------------- of -------- -----------,
hereinafter called Buier::
Seller hereby sells and aL-rie' to furnish and deliver and Buyer hereby buys
and agrees to receive and pay for Portland Cement in the quantity and on the
terms and conditions hereinafter and on the back hereof set forth.
QUANTITY: (Brand) _- ___---- ----- Barrels
DESCRIPTION:
Name and Address of Owner
Name and Nature of Work
Location of Wolk Name and Address of Contractor
The purpose of this contract is to cover the pur'i base and sale of --
-------- the Portland Cement required to complete the work
(Fra .t i-n11n or all)
hereinbefore described, whether more or less than the quantity stated herein.
Buyer represents that the aforesaid number of barrels of cement will be
used in the construction of the above-described work and greene ( that no portion
of such cement will be used for any other purpose without the written con-
sent of Seller. If any of the cement shipped hereunder is rici.nsigned or
diverted by Buyer from the place of delivery specified herein or used for any
other purpose, Seller may cancel this contract and refuse to ship any more
cement and Buyer agrees to pay Seller's market price at the place of final destina-
tion for such cement as has been diverted by Buyer from the place of delivery
specified herein or has been used by Buyer for any other purpose than the
purpose above specified; Buyer remaining liable for all unpaid accounts.
Place of delivery.-F. 0. B.-- ---------
Time of delivery.-Prior to-- ----------_
as required by the progress of the work. Buyer shall give Seller shipping instruc-
tions in writing a reasonable time before shipments are to be made. If Buyer
fails to order shipment within the time specified Seller shall have the right
to extend the time for delivery of such cement, but shall not be obligated to
do so, except at its option.
Price.-
Per standard barrel, in cloth sacks--------- ------------ $
Per standard barrel, in paper bags-- ------ ------- $--
Per standard barrel, in bulk_--- ---------------- -- $ __
All shipments made on this contract will be at the current destination price
of Seller on the date of shipment, if this price is below the contract destination
price mentioned herein.
Terms of iiiri ", t.-On allipr\'ed credit net cash thirty (30) days from
date of invoice, or ten cents (100) per barrel discount for cash in fifteen (15)
days from date of invoice.
If at any time the financial responsibility of Buyer becomes impaired or un-
satisfactory to Seller, it reserves the right to require payments in advance or
satisfactory 'se.riti: or guarantee that invoices will be promptly paid when due.
If Buyer fails to comply with terms of payment, or with any of the other
terms of sale, Seller reserves the right to cancel unfilled portion of this con-
tract, without notice, Buyer renm:ininiir_ liable for all unpaid accounts. No
waiver of such right shall be implied from any failure by Seller to exercise the
same.
This contract is not a:sign:iil'e by Buyer without the consent of Seller in
writing.
S Cement Company
By------- -------------
(Buyer) (Seller)
(28)







29

Packagr.-Cloth sacks hearing Seller's brands, in which cement herein con-
tracted for is packed, are the property of Seller and are for a period of ninety
(90) days from the delivery by Seller of the said cement, leased by it to Buyer
at a charge of ten cents (100) each, which charge is included in price for cement
packed in cloth sacks and which charge Buyer agrees to pay at same time and
on same terms as payment for cement is made.
Buyer agrees within ninety (90) days of delivery of the cement to return
to Seller, the owner, at its nearest plant, f:'eiLlht charges collect, as provided
by railroad classifications and t;iriffs, properly bundled and so marked as to
insure complete identification, the cloth sacks bearing Seller's bransl. in which
the said cement is packed, and Seller agrees to refund to Buyor ten cents (100)
for each said cloth sack so delivered in good condition, subject to Seller's
count and inspection, and to assume freight charges thereon. If for any reason
freight charges (per railroad tariffs) are prepaid, they will be refunded by
Seller upon presentation of Railroad Company's receipted freight bill or bill of
i di n:.
For useless cloth sacks which have been wet, no refund will be made. Cloth
sacks bearing other than Seller's brands will be held by Seller for thirty (30)
days subject to Buyer's order.
In the event that any of the said empty cloth sacks bearing Seller's brands
are sold or otherwise disposed of by Buyer to any person other than Seller, the
owner, Buyer agrees to pay Seller, as liquidated damages, ten cents (10)
for each sack so sold or disposed of.
If during the life of this contract, Seller shall chance its present cho r.-ge for the
lease of cloth sacks, or the liquidated damnaimrc, or both, it is expressly agreed
that the said amount or amounts in the preceding Iaragralph shall be changed
accordingly, and the gross price specified herein for cement packed in cloth sacks
shall be changed in accordance with the cha;iine in charge for lease of cloth sacks.
Price on cement packed in paper bags includes the paper bags', which are not
returnable. Slhipientst in paper bags are made at Buyer's risk of breakage and
resultant loss of cement.
(If cement company requires a deposit for cloth sacks, instead of hla-ing
them, then the following clauses are siug..-.te) :
Package.-The cloth salk<. hearingn g Seller's brand, containing the cement are
not sold, but remain the property of Seller. Buyer ;a'rze- to return said cloth
sacks, properly bundled and marked so as to insure complete identification, to
Seller's nearest mill, within ninety (90) ilay- from the date of delivery of the
cement to Buyer.
Seller a Cre,, to refund to Buyer the deposit of ten cents (10t) for each cloth
sack so returned. This deposit has been included in the price herein stated
and Buyer ar -te- to include it when payment for the cement is made.
It is, however, expressly understood that such cloth sacks mnst be delivered
to Seller's mill in good condition and will be subject to mill count and inspection,
and that no refund will be made for useless cloth sacks, nor for cloth sacks not
of Seller's brand. Such cloth sacks, if received, will be held by Seller for thirty
(30) days subject to Buyer's order and risk.
Seller a"-l'res to pay carrier's freight charges on returned empty cloth sacks
of Seller's brand afrer delivery to its nearest mill or to refiii t Buyer for frel-lt
chal;ges prepaid on such shipments upon presentation of original bill of lading
properly executed or original receipted freight bill.
If Seller shall (clihani its present deposit required for cloth sacks, it is expressly
agreed that the said amounts in the preceding Iariiairailiph shall be changed
afciidingly and the gross price specified herein for cement packed in cloth sacks
shall be changed in accordance with the change of deposit required.
Price on cement packed in paper lwuei includes the paper bags which are not
returnable. Shipments in paper bags are made at Buyer's risk of breaka;e- and
resultant loss of cement.
Bulk cement.-Bulk cement shall be invoiced and paid for on basis of scale
weights at point of origin or on railroad track scales, nearest point of origin,
while enroute. Original weights shall be final basis of settlement unless buyer
proves by notation on freight bill by railroad agent the fact and extent of such
shortage occurring in any particular car and only in that case providing that
claim for such shortage is made within fifteen (15) days after arrival of such
car at destination.
When grain doors, bulkheads or boards are used to protect shipments of bulk
cement, the weight of such dunnage shall be considered as part of the tare
weight of the car.










Claims.-Claims for loss or by seal record and railroad am-nnt's anknm'wle-dgm-ent on freight bill. Freight
overcharge claims must be accompanied by original receipted freight bill.
The Seller reserves the right to select the route and method by which ship-
ments shall be forwarded, but no Seller can be required to favor any one route
or method of transportation as agaiint another by any joint action of the Mem-
bers of the Industry or the Code Authority. Transportation charges per t:lriff
aplliil1yir from sililpin| point to place of delivery for route and method of ship-
ment ui-e'l, will be paid by the Buyer for the account of the Seller.
Seller shall not be liable to Buyer for any delays in manufacturing, shipping,
or delih, riii- said cement, caused by fire, strilt-s, lockouts, differences with work-
men, accidents, war, insurrection, inability to secure cars, coal, or other material,
governmental interference or rc.ulhtio1n, delays in transportation, or contin-
gencies beyond Seller's control; and during the time of such delays Seller shall
have the right to prorate ainoin,, its various customers such cement as it may be
able to manufacture and ship.
Seller shall have the right, but shall not be obliated,. to ship from any plant
other than the one normally suiipllyiln: the delivery point spe'riild herein.
Spccifications.-The cement -hilIrped under this contract shall conform to the
present standard specifications for Portland cement of the American Society for
Testing Materials and the American Standards Association and/or the Federal
Specification Board, and no other warranty is made in respect thereof. Seller
having no control over the use of cement will not, therefore, guarantee finished
work in which it is used, nor shall the Seller be responsible for the condition
of cement after delivery to Buyer. Any cli.i rges incident to inspection or tests
made by or on behalf of Buyer to determine compliance with specifications shall
be paid by Buyer.
















EXHIBIT D


Liquidated Damage Agreement
In consideration for the act of others in making similar agreements and for
substantial benefits and other valuable consideration, the receipt of which is
hereby acknowledged, each party to this contract covenants and agrees with
every other party hereto, and the Treasurer of the Code Authority for the
Portland Cement Industry as an individual, that:
1. If found guilty of violation of any provision of the Code of Fair Competition
for the Portland Cement Industry in the manner provided in P;iragra ph 2 hereof,
he will pay to the Treasurer of the Code Authority, as an individual and not
as Treasurer, in trust, as and for liquidated damages, amounts indicated as
follows:
(a) For the violation of any wage provision an amount equal to the difference
between the wages which have been paid and the \\ ;'i which would have been
paid if the Member had complied with the applicable provision of the Code,
provided, however, that any such payments shall not relieve the Member from
his obligation to make equitable restitution to his employee or employees.
(b) For the violation of any hour provision, an amount equal to the a;igoe-
payable for the overtime at the regular rate payable to the employee or employees
who worked overtime.
(c) For the violation of any provision of the Code (other than wage or hour
provisions) involving a transaction incidental to or connected with a sale of any
product of the Industry, an amount equal to ---_- per cent ( %) of the actual
selling price of the product sold in violation of any such provision, or of the
price at which the product should have been sold under the Code, if determinable,
whichever is the higher.
(d) For the violation of any provision of the Code (other than wage or hour
provisions) not involving a transaction incidental to or connected with a sale
of any product of the Industry.
Note: The amount of liquidated daimaif- must be correlated reasonably to
the probable injury.
2. For the purposes of this contract, violation of any provision of the Code
by a party hereto, and his or its liability for liquidated da;m;;.e herein stipulated
shall be determined by an impartial fact-finding board, the members of which
shall be nominated by the Code Authority or by the parties to this contract, with
the approval of the N. I. 1R. Board, consisting of the following :_______
Said board shall receive and hear all evidence submitted, in a fair manner, and
shall render its decision in the form of written findings of fact and conclusions
based thereon. Said decision shall be final and not subject to review.
3. Each party to this contract hereby assigns, transfers, and delivers to the
Treasurer of the Code Authority, as an individual, and not as Treasurer, in
trust, all rights and causes of action whatsoever which shall hcrvaft'er accrue to
such Member for such liquidated damages by reason of any violation of the Code
by any other party, and hereby designates and appoints the Treasurer of the
Code Authority, as an individual, and not as Treasurer, the true and lawful
attorney in fact of such party to demand, sue for, collect and receipt for any and
all amounts which shall be owing to such Member in respect of any such right
or cause of action and to compromise, settle, satisfy, and discharge any such
right or cause of action, all in the name of such Member or in the name of the
Treasurer of the Code Authority, as an individual, and not as Treasurer as he
shall elect. All rights of any person who shall at any time be the Treasurer in
respect to any amount which shall be payable to him because of the commission
by any employer of any act constituting a violation of said Code, shall pass to
and become vested in his successor in office, as an individual, and not as Treas-
urer, upon the appointment of such successor.
4. All liquidated damages paid to or collected by the Treasurer of the Code
Authority pursuant to the provisions of this contract shall be utilized by him
(31)









in the payment of Code expenses to the extent indicated and authorized in the
budget for the Code Authority.
5. The Treasurer of the Code Authority, as an individual, and not as Treas-
urer, by accepting office accepts the trusts established by this contract and
agrees to perform the duties of trustee hereunder until his successor in office
may be appointed.
6. Any Member of the Industry may become a party to said contract by
written notification to said Treasurer of the Code Authority of the adoption of
and assent to the terms hereof.
7. Except as provided in Paragraph 3 above, nothing contained herein shall
be construed or applied to (a) deprive any Member of the Industry, employee or
other person of any right or cause of action arising out of this Code, or (b)
relieve any Member of the Industry from any contractual or legal obligation
arising out of such Code or of the Act or otherwise.
8. This contract may be terminated by vote of two-thirds (%) of the parties
hereto, such termination to take effect immediately upon notice in writing to
said Treasurer of the Code Authority; provided, however, such termination
shall not relieve any member from payment of liquidated damages due as a
result of any violation committed prior to said termination; provided, further,
that such termination shall not be deemed to constitute a defense in any proceed-
ing instituted pursuant to any provisions of the Act, any rules and regulations
issued pursuant thereto, or any provisions of the Code.
9. Anything in this contract to the contrary notwithstanding, upon the affirma-
tive vote of not less than seventy-five per cent (75%) of the parties hereto, said
parties may waive any liability for liquidated damages arising under this con-
tract; provided, however, such waiver shall not constitute a defense in any pro-
ceeding instituted pursuant to any provisions of the Act, any rules and regulations
issued pursuant thereto, or any provisions of the Code.
10. No suit shall be brought for the collection of liquidated damages after
one (1) year from the date of the decision rendered as provided in Paragraph 2
above.




Full Text

PAGE 1

11[1 \1fl 111111111 3 1262 08482 9505 mendment No. 1 Registry No. 1010-1-02 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE C EMENT INDUSTRY A S A P PROVED ON MAY 11, 1 935 W E D O O U R P ART UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1935 For sale by the Superintendent of Documents. Washini(ton, D. C. • • • ---• • • Price 5 cents

PAGE 2

This publication is for sale by the Superintendent of Documents, Government Printing Offi ce, Washinoton, D. C., and b y the foll owing N. R. A. offices: Atlanta, Ga.: 6 25 Citizens & Southern National Bank Building. B altimore, M ll. : 1:30 C ustomh o use. Birming h a m , Al a. : 201 Liberty National Life Building. Boston, l\1as . : Room 1200 , 8 0 Federal Street. BufEalo, N. Y.: 219 White Buildincr. Chicago, Ill.: R oo m 20 -.l, 400 N orth Mi chiga n Avenue. Cleveland, Ohio. : 520 Bulkley Building. Dallas, Tex . : 1 2 1 2 R public Bank Building. Detroit, Mi b.: 415 N e w Feder a l Building. H o uston , T e x. : 403 Milam Building. Jac ksonville, Fla. : 425 United States Courthouse and Post Office Building. Los An()'eles, Calif.: 7 5 1 Figue roa Street, South. Loui ville, K y.: 408 l!-, deral Building. l\Iinneapolis, l\1inn. : 900 Roan o k e Building. Nash v ill e , T enn.: 415 Cotto n States Building. Newark, N. J.: 434 Industrial Offi c e Building, 1060 Broad Street. New Orlean s , L a. : 2H Cu. t orubo u s e. New York, N. Y.: 4-Broadway. Oklahoma City, Okla.: 427 Commerce Exch ange Building. Philadel phia, Pa.: 933 Commerci a l Tru t Builr1ing. Pittsburg h, Pa.: 401 Law and Finance Building. P ortland, Ore g. : 407 P ark uildiug. Providence, R. I.: Nation a l Exchange Bank Building, 17 Exchange Street. St. L oui , Mo.: Suite 1220 , 506 Olive Street. S a n Frnnc isco, Calif. : Humbolt Bank Building, 785 l\f arke t Street. Seattle, Wash.: 1730 Exc hange Building.

PAGE 3

Approverl Code No. 128--Amendment No. 1 AMENDMENT TO CODE OF FAIR COl\1PETITION FOR THE CE l\ffiNT INDUSTRY As Approved on May 11, 1935 ORDER )..-rPROVIXG AMEKDED CoDE OF FAIR Co::\IPETITION FOR THE CEMENT Ixuu-TRY An application having been duly made pur uant to and in full com pliance with the provi ion of Title I of the ational Industrial Recovery Act approved June 16 1 933 for the approT"a l of an amended Code of Fair Competition for the Cement Indu try and hearings hav ing bee n duly h ld thereon and the annexed report on the aid amended Code containing finding with r pect thereto, having been made and directed to the President: NOW, THEREFORE. on behalf of the President of the United State the National Indu trial Recovery Board pursuant to the authority ve ted in it by ExecutiT"e Orclers of the Pre ident, including Executive Orde r No . 6 and otherwi e; doe h ereby incorporate, by refere nc e said annexed report and does find that aid Code as con tituted after being amended complies with the pertinent provision and wi ll promote the policy and purpo e of aid Title of said A ct, and do\ hereb order that the Code as amended be and it is hereby approved, ubject however to the following condition : (1) That the operation of ection of Article X of said amended Code be and it i hereb tayed a to all partie ubject thereto pending the further Order of ational In lu trial R ecovery Board, and to a:ffor l the Indu try in conjunction with the National Recovery tration an opportunity to make a further tudy of prov1 wn: ( 2) That Article XVII ..,hall b e deleted . "NATIONAL IKD TRIAL REcOv"ERY BoARD B y \V. A. HARRDIAN, Administrative Offi cer . Approval recommended: w. P. ELLI Di ision Aclminish ' ator . WASHL-GTON D. c., May 11, 1 935 . 135365----1844-25----35 (1)

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REPORT TO THE PRESIDENT The PRESIDENT, The White House. Sm: The original Code of Fair Competition for the Cement Industry was approved on November 27, 1933. The Cement Indu try as represented by the Code Authority for the Cement Industry subsequently submitted an application for modification of the Code of Fair Competition for the Cement Indu try approved on November 27, 1933, by amending such Code as set forth and submitted in the application for amendment. The Labor and Consumers' Advisory Boards and the Legal Division of the National Recovery Admmi tration, and the National Recovery Administration also submitted propo als for amendment. To that end a public hearing was held on July 11, 1934. Every person who requested an appearance was properly heard in accord ance with statutory and regulatory requirements. The Code was revis ed dtuing the recess of this hearin
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3 Due to the wide pread location of plants which in the main are in small communities, the Indu try i one that can show marked improvement in reemployment anl in operating ratio whe n the public work program get in full wing. For the fir t quarter of 1934 th rewa a marked increa e in hipment . In the Code a appro ed Novemb e r 27 1933, a provi ion wa made that no emplo ee hall work or be permitted to work in exce of 42 hour in an} one we k or hour in any one day, nor more than 36 hour p r week a T"eraged over an half calendar ear, except that employee engaoed in emergency maintenance and repair work involving breakdown or prot ction of life or property and em ployee in packing and shipping departments, who hall not, how ever, work more than 10 hour in any one day or 36 hour per week averaged over any half calendar year. In keeping with the policy of the National Reco ery Admini tration all reference to the averaging pro"Vi ion ha been delete l in the amended Code and in lieu thereof has been sub tituted a provision that no employee shall be permitted to work in exce of 40 hour in any one week or 8 houn in any 24 hour period or for more than 6 days in any 7 day period, except a otherwi e provided for pecific employee . The Deputy Admini trator in hi final report to us on aid amendment to said Code having found as herein et forth and on the ba 1s of all the proceedings in thi matter: We find that : (a) The amendment to said Code and the Code a amended are well de igned to promote the policie and purpo es of Title I of the National Indu trial Re covery Act including the removal of obstruction to the free flow of interstate and foreign commerce which tend to dimini h 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 gov ernmental anction and supervi ion, by eliminating unfair competi tive practice , by promoting the fulle t po ibl e utilization of the pre ent productive capacity of indu trie by avoiding undue restriction of production (except as may be temporarily required), by in crea ing the con umption of indu trial and agricultural products through increa ng purchasing power by reducing and relieving unemployment by improving standard of labor and by otherwi e rehabilitatincr Indu try. (b) The C'ocle a amended complie in all re pects with the pertinent pro"Vi ion of aid Title of said Act, including without limitation Sub ection (a) of ection 3, Sub ection (a) of Section 7, and Sub sectio n (b) of Section 10 thereof. (c) The Cement In titute was and i an industrial group truly representative of the aforesaid Industry and that said group imposed and imposes no inequitable re triction on admi sion to member hip therein and consents to thi amendment. (d) The amendment and the Code a amended are not de igned to and will not permit or promote monopolies or monopoli tic practices. (e) The amendment and the Code as amended are not de igned to and will not eliminate or oppre s mall enterpri e and will not operate to discriminate again t them.

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4 (f) Those engaged in other steps of the economic process ha.ve not been deprived of the right to be heard prior to approval of aid amendment. For these rea on., therefore, this amendment, ubject to t he deletion of the spec ific pro' i s ion s as set forth in the Order o f Approval, has been approved. For the Nation al Industrial R ecovery Board: MAy 11, 1935. w. A. HARRIMAN, AW!ninistrative Offic e r.

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AMENDED CODE OF FAIR FOR THE INDUSTRY ARTICLE I-P"CRPO E To effect the policie. of Title I of theN ational Industrial Recovery Act the following proYi ion s are establi heel as a Code of Fair Ccm1 etition for the Portland Cement Indu try, and shall be the tandards of fair competition for uch Industry and hall be binding upon every thereof. ARTICLE SECTION 1. Wherever u eel in this Code or any upplement appertaining thereto, the tern enumerated in this Arti le II shall have the meanings herein defined, unle the context shall othe rwise clearly indicate. SECTION 2. The term "Pre ident ', "A t" and "N. I. R. Board" shall mean re spect iv e l y the Pre ident of the Unite 1 States, Title I of theN ational Industrial Recovery Act, and the National Industrial Recovery Board as created by Executive Order 6859 of September 27, 1934. (a) The term "Code" shall mean the Code of Fait Competition for the Cement Indu try as approved on November 27, 1933, as amended. SECTION 3. The term' Portland Cement Indu try" or "Industry" includes: (a) The r_.ining or quarrying of raw material for u e in the manufacture of products of the Industry and the manufacturing of products of the Industry; or (b) The manufacturing. of products of the Industry; or (c) The original sale directly or indirectly of products of .the Industry by Members of the Industry. SECTION 4. The term " original ale" shall include, but without limitation the ale by a of the Indu try of products of the Indu try purchased from another Member of the Indu try. SECTIO.r 5. The term " products of the Industry " includes the following: (a) Portland cement which comp l y with standard spec ifications or tentative standard of the American Society for Testing :.Material . (b) and/or treated Portland cement . (c) Cementitiou product in which Portland cement or Portland cement clinker i an es ential con tituent and which are sold in competition with and u se d in li eu of Portland cement, excluding, how ever, masonry and/or bricklayers' cements marketed and/or u sed as such. (5)

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6 SECTION 6. The term" Member of the Indu try" includes, but without limitation, any individual, partnership, a sociation, corporation or other form of enterprise engaged jn the Industry, either as an employer or on his or its own b ehalf. SECTION 7. The t erm "affiliate" means any individual, partnership, association, corporation, or other form of enterprise whose relations to a of the Industry are s uch that eithe r one has directly or indirectly a s ubstanti a l interest in the other or that a third entity or a group of s to ckholders has directly or indirectly a substantial interest in both or s ub tantial control of b o th. SECTION 8. The term "employee" includes anyone engaged in the Industry, in any capacity, r eceiving compensation for his service , of the n ature or method of pay m e11t of s u c h con1pen ation, except a Member of the Ind ustry. C'EcTION 9. The t erm " em ployer" includes anyone engaged in the Indu try b y w h om any s u c h empl oyee is compe nsated or employed. SECTION 10. The term "district" means each o f the o eographical producing districb o f products of the Industry a s now or hereafter designated by the United Stat es Bureau of J\1ines or other governmental agency. SECTION 11. The term "produc tive capacity" shall mean the productive capacity of the Industry as determin ed by the United States Burea u of Mines. SEcTION 12. The t erm "Institute" shall mean The Ce m ent Ins titute. SECTION 13. The term " Board " shall mean the Board of Trustee s of The Cement Institut e . SECTION 14, The term "plant" shall me a n a Portland C ement Manufacturing Plant. ARTICLE III-1-Iouns OF LABOR M XIMUM HOU R S SECTION 1. No employee shall be permitted to work in excess of forty ( 40) hours in any one (1) week or over eight (8) hours in any twenty-four (24) hour period or more than six (6) day in any seven (7). day period except as herein otherwise provided. HOURS F O R CLEniCAL AND OFFICE EMPLOYEES SECTION 2. No per on employed in cleri c al or offic e work shall be permitted to work in ex c ess of an average of forty ( 40) hours per week c1 uring any five ( 5 ) week period, or more than forty -eight ( 48) hours in any one ( 1) week period. EXCEPTIONS TO HOURS SECTION 3. The limitations specified in Sections 1 and 2 of thi Article III shall not apply to the following: (a) Employees engaged in emergency maintenanc e or emergency repair work involving breakdown or protection of life or property; provided, that not le ss than one and one-half (1lj2 ) times the regu-

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7 lar wage rate for any employee o employed shall b e p aid for all hour worke d in exce of the maximum hour hereinbefore provide d. (b) Emplo in pa king and hipping dep artme nts provi de d u c h employees shall not b e permitted to work in e xce of forty eight (4 ) hour in any one (1) week and provi led further, tha t not le than one and one-half (1V2 ) time s the r egular w a ge rate for any employee o emplo ed hall be paid for all hours worke d in exce s of forty ( 40) hours in any one ( 1) week. (c) Per ons in a mana erial, ex e cutive, upervi ory or technical capacity and their immediate a i tant (excluding killed production worker ) , provided that thi exception hall apply to no uch employee who is paid l e s than at a rate of Thirty-Five Dollars ($35.00) per week; and ale and ale service employee . (d) Watchmen; provided such employee shall not be permitted to work in exce s of fifty-six (56) hour in any seven (7) day period, or more than six (6) days in any seve n (7) day period. E:MPLOYDIEKT BY EVERA L E:i\-IPLOYER SECTION 4. No emp loyer hall knowingly permit any employee to work for any time, which, when totaled with that already performed with another employer or employers in thi Indu try or any other Industry or in any Trade, exceeds the maximum permitted h ere in. ARTICLE IV-WAGE MINIM :M WAGES 1. Except a hereinafter provided, no employee shall be paid at le s than the hourly rates specified for each of the twelve (12) geographical eli tricts, which as no w designated are set forth in Exhibit A of this Code as follows: M inimum wage District: p e r hour (cents ) No. 1 . Ea tern Pennsylvania, r ew Jersey, Maryland________________ 4 0 No. 2. J e w York, 1\laine ------------------------------------------40 No. 3. Pennsylvania, Ohio, ' e t Virginia___ _______________ 40 No. 4. lichigan -------------------------------------------------40 No. 5. Wisconsin, Illinois, Indiana, Kentucky______________________ 40 (Except Jefferson and Meade Counties, Kentucky)----------38 No. 6. Virginia, Tenne ee, Alabama, Georgia, Florida, Louisiana____ 30 1'\o. 7. Mi s souri , Iowa, Minne ota; South Dakota___ _________ 40 (Except St. Loui County , 1\linne ota, and RaiL ounty, lis ouri) -----------------------------------------------37 No. 8 . We tern Missouri, Nebraska, Kansas, Ok lahoma, Arkans as___ 40 No . 9. Texa ----------------------------------------------------3 0 10. olorado, Iontana, Utah, Wyoming, Idaho__ _______________ 40 No. 11. California -----------------------------------------------40 No. L. Oregon, Washi ngton__________________ _____________ ________ 40 The rates of pay hereinbefore provided sha ll not be under toad to be the maximum rates of pay for the re pective eli tricts . HANDICAPPED PERSONS SECTION 2. A per on who e earning capacity i limited b e cau e of nge, phy ical or mental handicap, or other infirmity, may be employed on light work at a wage below the minimum e tabli h eel by this 135365----. 1344--25----35----2

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8 Code if the employer obtains from the state authority, designated by the United States Department of Labor, a certificate authorizing such person's employment at such wages and for u h hour as shall be stated in the certificate. Such authority shall be guided by the instruc tions of the United States Department of Labor in issuina certificates to such persons. Each employer shall file monthly with the Code Authority a list of such persons employed by him, showing the wages paid to, and the maximum hours worked by such employees. PIECEWORK COMPENSATION SECTION 3. The foregoing provisions of this Article establish a minimum rate of pay regardless of whether an employee is compensated on a time rate, piece rate, or other basis. WAGES ABOVE THE MINIMUM SECTION 4. Adjustments of wages with respect to wages above the minimum shall be made V17ithin 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 Re covery Act. Su h adjustments shall mean the maintenance of a differential at least as great in amount as that existing between the wage rates for u h employment and the the n exi tino minima subsequent to the date of the last adju tment made prior to thi Code's approval on N OYe mber 27, 1933. In no event, however, . ha ll hourly rates of wages be re luced in making such adjustments . \Vithin sixty (60) days after the e ffective date of this Code each Member of the Industry shall make a report of uch adjustment, whether made prior to or sub equent to the date of approval of this Code, to the Code Authority. PAYMENT OF WAGES SECTION 5 . Each employer shall make payment of all in lawful currency, or by negotiable che c k therefor, payable on demand. These wages shall be ex empt 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 greate r interval than every semimonth, and . alaries at no greater interval than every month. No employer shall withhold wages ex cept as otherwise provided by law. ARTICLE V-GENERAL LABOR PROVISIONS CHILD LABOR SECTION 1. No person under eighteen ( 18) years of age shall be employed except in clerical, sales ervice, technical and engineering office duties, and no person under sixteen (16) years of age hall be employed in any capacity. In any state an employer shall b deemed to have complied with this provision a to age if he hall have on file a certificate or permit, duly igned by the authority, in such state, empowered to i sue employment or ag rtifi-cates or permits, showing that the employee is of the required aae.

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9 PROYI IONS OF THE ACT SECTION 2. Pur uant to Sub ection (a) of Section 7 of the Act, and so long as this ode hall be in effect: (a) Employee hall have the right to organize and bargain col lectiv ely through r pre entative of their own choo ina-and shall be free from the interference re traint or coercion of employer of labor or their agents in the d ignation of s u c h r epre entative or in elf-organization or in o her concerted a tivitie for the purpo e of collecti e bargaining or other mu ual aid or protection. (b) No employee and no one eeking employment hall be required as a condition of employment to join any company union or to refrain from j oinino-organizing or a i ting a labor oro-anization of hi own choo ing. (c) Employers hall comply with the maximum hour of labor, minimum rate of pa and other conditions of emplo ap-proved or pre crib ed by the Pre ident. STATE LAW SECTION 3. No provi ion in thi Code hall super ede any tate or Federal law which impo e on employer more tringent requirements as to age of employee , wages, hours of work, or a to afety, health, anitary or general working condition , or in urance, or fire protection than are impo ed by th_i Code. Standard for safety and for the protection of health hall be ubmitted by the Code Authority to the N. I. R. Board within three (3) month after the effective date of this amendment and when approved by the N. I. R. Board hall ha e the same effect as other provi ions of thi Code. RECLA SIFICATIOX OF EMPLOYEE SECTION 4. No employer shall recla if emplo ees or dutie of occu19ation performed or engage in any other ubterfuge o as to defeat the purpo e or provisions of the Act or of this Code. DI II AL FOR O:MPLAI:XT SECTION 5. N 0 employer hall eli mi or demote any employee for making a complaint or g i ing evidence -with r pect to an alleo-ed iolation of the pro-vi i o n of any Code of Fair Competition appro ed under Title I of the Act. PO ... G 6 . All employer h all po t and keep po ted copie of this Code in con picuou place to all employees . EYery ber of the Inclu try hall comply "ith all rul and reo-ulations relative to the po ting of provi ion of Code of Fair C mpetition which may from time to time be pre cribed by theN. I. R. B r •ard . CO iPA.._Ty TOW ... -AXD T RE SECTION 7. Employee other than maintenance or upervi ory men, or packer , or those to protect prop rty rna y not be required

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10 as a condition of employment to live in houses rented from or specified 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, PowER AND DuTIES OF THE CoDE AuTHORITY ADMINISTRATION SECTION 1. A Code Authority is hereby constituted to cooperate with the N. I. R. Board in the administration of this Code, to insure the execution of the provisions of this Code and to provide for the compliance of the Industry with the provisions of the Act. 2. The Code Authority shall b e the general planning, coand administering agency of this Code and shall operate in with the provis ions of this Code and pursuant to by-laws adopted thereunder. ORGANIZATION AND CONSTITUTION SECTION 3. The Code Authority shall consist of not more than ten ( 10) members to be se lected as follows: (a) Seven (7) members, with one (1) vote each, shall be elected by the Board, one (1) of whom shall be designated to serve as the chairman. (b) Not more than three (3) members without vote and without compensation from the Indu try may b e appointed by the N. I. R. Board. SECTION 4. The Institute shall : (a) Impose no inequitable restrictions on memb ership. (b) Submit to th N. I. R. Board true copies of its articles of a sociation, by-laws, rules and regulations any amendments when m ade thereto, togethe r with any other information relating to membership, organization and activities as the N. I. R. Board may deen1 ne cessary to effectuate the purposes of the A c t. SEcTION 5. Nothing contained in tlns Code shall constitute the members of the Code Authority partners for any purpose; nor shall any memb e r of the Code Authority be liable in any manner to anyone for any act of any other Inember, officer, agent or employee of the Code Authority; nor shall any member of the Code Authority exer ci ing reasonable diligence in the conduct of his duties hereunder be liable to anyone for any a ction or omi sion to act under this Code, except for his own wilful malfeasance or nonfeas ance. SECTION 6. 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 N. I. R. Board may pre cribe such hearings as it may deem pror er, and thereafter if it shall find that the Code Authority is not truly representative or does not in other r espects comply with the provis ions of the Act, it may require an appropriate modification of the Cod Authority. SE TION 7. If the N. I. R. Board shall at any time determine that any action of the Cod Authority or any agency thereof may be unfair or unjus t r ontrary to the public int re t, the N. I. R. Board may require that such action b e s uspended to afford an opportunity

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11 for inve t i ati on of the m erit of u c h a tion and furt her con i l e r a tio n b y u h ode Authority o r age n cy pending final act i o n whic h hall n o t b e effectiYe u n l e the N. I. R . B oard appro v s o r u n l ess it hall fail to di sapprov afte r thi rty ( 3 0) d ay. notice to it o f intention to procee d with uch a ctio n in it ori ginal or modifi e l form. SECTION 8. Any mb e r of the Industry shall b e ntitle d t o participate in and hare the b nefits of the a tivitie of the Cod Authority, and to participate in the se le c tion of the m e mb e r s the reof by complying with the requirements of thi C o l e an(l b y p ayino hi rea onabl e share of the expens e s of it aclmi n i tratiO!L The r e a sonable hare of exp e nse s of administration shall b e d e t ermine d by the Code Authority s ubje c t to review by the N. I. R. Board on the ba is of volume of bu ine and/ or such othe r factor a s may be deemed equitable to be taken into con ideration. SECTION 9. No m e mber of the Code Authority or of any committe e de ignated by it shall participate in a proceeding in which he or it i interested, either a complainant or a respondent, or in which he or it is in any other manner directly interested. POWER AND DUTIES SECTION 10. Subject to such rules and regulations a may be is ue l by the N. I . R. Board to the extent permitted by the Act, the Code Authority shall have the following power and dutie , in addition to those authorized by other provision of this Code: (a) To obtain from of the Industry, through a disinter ested agency, uch information and reports as are required for the administration of this Code. In addition to information required to be submitted to the Code Authority, Members of the Indu. try subject to this Code shall furni h such statistical information as the N. I. R. Board may deem necessary for the purpose recited in Section 3 (a) of the A t to such Federal and State agencies as it may designate; provided that nothing in this Code hall relie ve any Member of the Industry of any existing obligations to furni h reports to any government agency. No individual report shall be di s clo s ed to any Member of the Industry or any other party except to s uch other governmental agencie as may be direc t e d by theN. I. R. Board, and except a s may be required by any provi ion of this Code. (b) To u e uch trade a ociation and othe r agencies a s it deems proper for the carrying out of any of its activitie provided for herein; provided that nothing herein shall relie' e the Code Authority of its duties or re pon sibilities under this C ode and that s u h trade as ociations and agenci e s hall at all time be ubject to and comply with the provi ions h e reof. (c) Upon complaint of interested parties , upon r e quest of the N. I. R. Board, or upon its own initiative, to make s u c h inquiry and inve tigation as to the operation an l ob ervance of this Code as may be nece ary and report the results thereof to the N. I. R. Board for such action by it as may be in accordance with law. (d) To provide appropriate facilities for arbitration, and ubject to the approval of theN. I. R. Board, to pre c ribe rules of procedure and rules to effect compliance with awards and determinations.

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12 (e) To call meetings of J\1embers of the Industry to consider further trade practice provisions to govern Members of the Indi.1stry in their relations with each other or with other industries, measures for industrial planning, measures for control of production, measures for stabilization of employment and conservation of natural resources, as the Code Authority shall consider to be for the best interests of the Industry, and to recommend to the N. I. R. Board such measures as have been voluntarily agreed upon, such recommended measures, upon approval by the N. I. R. Board, after such notice and hearing as it may prescribe, to have the same effect as other provisions of this Code. (f) To prepare and submit to the N. I. R. Board for approval a standard method or system of unifonn cost accounting which shall specify all items and include all elements of manufacturers' cost. Nothing contained herein shall be construed to permit the Code Authority, any agent thereof, or any J\1ember of the Industry to suggest uniform additions, percentages or differentials or other uniform items of cost which are designed to bring about arbitrary uniformity of costs or prices. Thereafter, each Member of the Industry shall utilize such methods to the extent found practicable. (g) Any interested party shall have the right to complain to the Code Authority under such rules and regulations as it may prescribe in respect of any rule, regulation, order or finding made or course of action pursued by the Code Authority, and any interested party shall have the right to appeal to theN. I. R. Board under such rules and regulations as it may prescribe in respect to any decision, rule, regulation or course of action of the Code Authority, pursuant to any provision of this Code. SECTION 11. Each Member of the Industry shall keep such accurate and complete records of its transactions in the Industry as may be necessary to show compliance with the provisions of this Code, and shall furni h accurate reports based upon such records concerning any of its activities when required by the Code Authority or the N. I. R. Board. If the Code Authority or the N. I. R. Board shall determine that substantial doubt exists as to the accuracy of any such report, so much of the pertinent books, records and papers of such member as may be required for the verification of such report may be examined by an impartial agency, agreed upon between the Code Authority and s u c h Member-1 or in the absence of agreement, appointed by the N. I. R. Board. In no case shall the facts disclosed by such examination be made available in identifiable form to any competitor, whether on the Code Authority or otherwise, or be given any other publication, except such as may be required for the proper administration or enforcement of the pro vis] ons of this Code. ECTION 12. No J\1ember shall furnish any information required by any provision of this Code which is inaccurate or misleading in any material particular. ARTICLE VII-LIQUIDATED DAMAGE AGREEMENT SECTION 1. Recognizing that violation of any provision of this Code by a Member of the Industry will disrupt the normal course of fair competition in the Industry and cause serious damage to other Mem bers of the Industry, and that it will be impossible to determine ac-

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13 curately the amount of uch dama
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14 date. When any Member of the Industry has filed any rev1s10n such ]\1ember shall not file a higher price within five ( 5) days. Prices on file with the confidential, disinterested agent of the Code Authority shall be made available for inspection by any customers of Members of this Industry at the office of the Code Authority's agent and shall be disseminated to customers who have applied therefor and have offered to defray the cost actually incurred by the Code Authority in the preparation and distribution thereof. The Code Authority's agent 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 N. I. R. Board. Upon request the Code Authority's agent shall furnish the N. I. R. Board or any duly designated agent copies of any such lists or revisions of price terms. SECTION 3. No Member of the Industry shall ell or offer to sell any products of the Industry, for which price terms have been filed pursuant to the provisions of this Article, except in accordance with such price terms; provided, however, that any Member of the Indu try may meet the revised price terms of another Member, e tab lished by the above method, as of their operative date and period, and all Memb e rs meeting such revised price terms shall make the same public by broadcast quotations to the trade and hall notify the Code Authority's agent that they are meeting such price terms. SEcTro N 4. 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 Indu 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 to create. SECTION 5. Manner of Procedure on Price Changes: DECLINES IN PRICE (a) Filed revised prices resulting in price declines shall be retroactive on all shipments made within five ( 5) calendar days before the operative date thereof, and for such shipments a Member of the Industry shall issue new invoices on the basis of the new filed price as soon as such revisions become operative. ADVANCES IN PPJCE (b) Filed revised prices resulting in price advances shall be made effective to the trade five ( 5) calendar days after the operative date. During the . five ( 5) days prior to the effective date of an advance, current market orders may be booked at the prior price for shipment not more than fifteen (15) days from the date the advance becomes effective. (c) Each specific work quotation shall contain a provision permitting withdrawal on five (5) days' notice. (d) After an advance in price all outstanding quotations on work for which bids have been opened, which quotations extend longer than fifteen (15) days from the effective date. of the new price, shall be withdrawn or revised to expire on such fifteenth day.

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15 (e) All quotations at the prior price, made during the five (5) day notice period shall be confined to jobs on which bids are to be opened prior to ten (10) days from the effective date of the n ew price. Such quotations may be closed by contract not later than fifte en (15) days from the effective date of the new price. (f) All quotations outstanding on job on which bids are to be opened later than ten (10) days from the. effective date of the new price shall be withdrawn, and any quotation s made on u c h job s durincr the five (5) day notice period shall be at the n ew price. o CONTRACTS SEcTION 6. Nothing in this Code hall prevent a Memb e r of the Industry from selling products of the Indu try in accordance with the terms of a legally binding contract provided the conditions of this Article VIII are complied with. The provi ion s of Sections 6, 7, 8 and 9 of this Article VIII shall apply only to spec ific sales orde r s and specific sales contracts. (a) No Memb e r of the Indu try may make a contract or order to sell products of the Industry or sell pursuant to such a contract or order unless such contract or order contains a definite and accurate statement of all items neces ary to form a complete legally binding contract or order, such as price, t e rms of payment quantity, place of delivery, effective period of contract or order, name of purc has e r, name of user and a complete description of the work. (b) No contract or order for sale of products of the Industry shall contain any provis ion which would require a Th1ember of the Indus try to do any act in violation of this Code. FILING OF CONTRACTS SECTION 7. Every Member of the Industry shall file with an agent of the Code Authority a copy of every contract or order by which he sells or undertakes to sell products of the Industry. The agent of the Code Authority shall maintain a file of s uch contracts or orders which shall be open to the inspection of interested 11embers of the Indu try in accordance with such rules and regulations as may from time to time be provided by the Code Authonty with the approval of theN. I. R. Board. Each contract or order s o filed shall contain or be accompanied by a statement of the nature and quantity of products involved and a complete statement of all price terms included therein, as provided in Section 6, Sub' ection (a) of this Article VIII. Each such contract or order which is made on or after the effective date of this amended Code shall be so filed within five ( 5) days from the date of execution thereof. Each outstanding contract or order which is in effect on the effective date of this amended Code shall be so filed within ten (10) days from the effec tive date of this amended Code, and shall be accompanied by a statement indicating the quantity of products specified therein which remains tmdelivered. The filing of other than bona fide contracts or orders will constitute a violation of this Code. Upon receipt of such filed orders or contracts the agent of the Code Authority shall send digests thereof to all interested Th1embers of the Industry. 135365----1844--25----35----3

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16 NOTICE OF COMPLETION SECTION 8. Each Member of the Industry shall notify the agent of the Code Authority of the completion of each such contract or order within ten (10) days after the date of such completion. EXTENSION SECTION 9. No contract or order shall constitute a defense to any charge alleging violation of this Code if the effective period thereof is extended or if there is any substantial overshipment thereunder. Nothing in this Article shall prevent any Member from making a n ew contract or order with any person provided the terms thereof are not in violation of the terms of this Code or amendments hereto which are in effect at the time of making such contract or order, and provided further that a copy of such new contract or order is filed as provided in this Article. For the purpose of this Article every r ev i ion, modifi c ation, renewal or extension of any contract or order shall constitute a " new contract". ARTICLE IX-TRADE PRACTICES 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, affiliate or emplo yee. Engaging in any one or more of these or any further trade practice provisions which hereafter may be estab li s hed as unfair, on recomn1endation by the Code Authority approved by the N. I. R. Board after such hearings as it may prescribe, shall be deemed to be in violation of this Code. SECTION 2. No Member of the Industry shall give, permit to be give n, or directly offer to give, anything of value for the purpose of influencing or r ewarding the action of any employee, agent, or representative of another in relation to the business of the emp loyer of such emp l oyee, the principal of such agent or the represented party, \\ithout the knowledge of such emp loyer, principal or party. This commercial bribery provision shall not be construed to prohibit free and general distribution of articles commonly used for advertising except so far as such articles are actually u sed for commercial bribery as hereinabove defined. SECTION 3. Imitating or simulating any design, style, mark or brand owned by any other Member of the Industry, provided that nothing herein shall prevent any Member from using any de sign, style, mark or brand with the consent of the owner. SECTION 4. l\1odifying or cancelling in whole or in part, or permitting the modification or cancellation in whole or in part, of any contract of sale of any product for the purpose or having the effect of effectuating a new contract with the buyer when the effect of such modification or cancellation is to create an advantage in price terms for a l\Iember of the Industry or to violate any provision of thi Code. SECTION 5. Knowingly inducing or attempting to induce the breach of any existing contract (including specific sales order ) between any other l\1ember of the Industry and his cu t01ner or hi source of supply; or interfering with or obstructing in any manner the per-

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17 formance of contractual duties or services between a Member of the Industry and his customer. SECTION 6. Knowingly selling or offering to sell products of Indu try for specific proJects or period requirements to a purchaser with whom another Member of the Industry has a contract to furnish products of the Industry for the same requirements without first havmg taken the following teps: (a) Filing with the Code Authority proof that he has been reque ted by the cu tomer to furnish such products for such requirements, and (b) notifying said other M e mber of the Industry of his intention to sell products to such purchase r. SECTION 7. Disseminating, :publishing or circulating any false or misleading information relative to any product or price for any product of any l\1:ember of the Industry, or the credit standing or ability of any Member of the Industry to mine or quarry raw mate rials, or manufacture or sell or deliver products of the Industry. SECTION 8. No Member of the Industry shall knowingly withhold from or insert in any quotation, contract, or invoice, any statement, the withholding or insertion of which makes such quotation, contract or invoice inaccurate in any material particular. SEcTION 9. Making any sale or contract of sale of any product of the Industry under any description which does not fully describe such product in the nomenclature customarily used in the Industry. SECTION 10. Secretly paying or allowing rebates, refunds, commis sions credits, unearned di counts, exce s allowances, special services or privileges, whether in the form of money or otherwise, to certain purchasers which are not extended to all purchasers under similar circum tances for the purposes of influencing a sale. SECTION 11. Permitting, directly, or indirectly, the consummation of any sale made with the intent, or having the effect, of violating the provisions of the Act and of this Code. SEcTioN 12. Aiding or abetting any person, firm, association or corporation, directly or indirectly in any practice which would tend to defeat the provisions of the Act and of this Code. SECTION 13. To compensate sale s men in any manner other than upon a fixed salary and full-time basis. To pay or offer to pay directly or indirectly any commissions or other remunerations for the sale of cement except as provided herein. SECTION 14. To divert or permit the diversion of shipments of cement, the effe c t of which will be to enable a purchaser or user to secure cement at variance from the Member of Industry's filed price terms for the point of final destination. SEcTioN 15. The prepayment of transportation charges on shipments consigned to other than the Member of the Industry itself (ex cept in the case of railroad freight charges to stations to which regulations require prepayment from any shipping point) or the payment of demurrage charges by any l\1ember of the Industry on such hipments; provided, however, that the foregoing provision, except as to demurrage charges, shall not apply to shipments purchased directly by and consigned to departments of the United States or State Governments. SECTION 16. Knowingly diverting or permitting to be diverted to other uses, cement shipped for a specific work projec t or knowingly shipping on a peci.fic sales order or contract an amount of cement in excess of the actual needs of such work.

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18 SECTION 17. To entice the employees of a competitor with the intent or effect of interfering with the conduct of the business of such competitor; provided that nothing herein shall be construed to prevent any employee from voluntarily changing his employment in order to better his condition. SECTION 18. Knowingly to ship cement by any transportation agency which makes payments or concessions by rebates or otherwise for the purpose or with the effect of inducing or influencing the sale or purchase of ceme nt. SECTION 19. The payment, or offer to make payment, directly or indirectly, of any advertising expenses of purchasers or users of cement. SECTION 20. Lavish, excessive, or undignifit. d entertainment of purchasers or users of cement, or others con nected therewith; donating funds, or providing banquets or other similar lavish entertainment for purchasers or users, or associations thereof; giving or offering to give premiums, personal gifts, gifts of cement, or gifts of any other commodity of value to purchasers or users of cement. SECTION 21. Selling or offering to sell a non-Industry product together with an Industry product when the combined price for the two products is l ess than the ar.plicable fil ed price for the Industry product, plus invoice cost (including transportation costs) for the non-Industry product, or the filed price for this non-Industry product by a Member of this Industry who is also a Member of the Industry of which this non-Industry product is an Industry product, for the purpose or having the effect of influencing or inducing the sale of products of the Industry and thereby creating an unfair price advantage for a Member of the Industry. SECTION 22. The furnishing of articles or facilities of a de ' finite physical nature, whether by way of loan, l ease, gift, or otherwise, without commensurate considerat ion therefor. (Services to purchasers or users are proper under fair competitio n, if confi n ed within the limits of advice and con ultation.) SECTION 23. Maliciously refusing to sell to, or m.aliciously interfering with the business of, dealers or users of products of the Industry purchased from a competitor, for the purpose of interfering with the conduct of the business of such c omp etitor. SECTION 24. Filing or agreeing to file new price terms or making or agreeing to make any new or specia l price, or prices, or terms, on Industry or other products, as a condition or in consideration of the receipt or placement of an order for any product of the Industry. SECTION 25. Using any subterfuge, either in collu sion with an affiliate or otherwise, for the purpose or with the effec t of evading or violating the provisions of the Act or of this Code; or engaging rn a transaction involving, or being a party to a sa le influenced by any act performed by an affiliate or otherwise, which act if performed by such Member of the Industry would be a violation of this Code. SECTION 26. The direct or indirect giving, permitting to be given, or offering of money or anything of value by a of Industry, or his agents, employees, salesmen, or representatives, to the agents, emp loy ees, buyers or representatives of customers or prospective cus tomers, or to the customers themselves, for the purpose of inducing such customers, or their agents, employees, buyers or representatives,

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19 to purchase or contract to purchase products from the Member of Industry making such gift, or s uffering the same to be made, or to refrain from dealing or contracting t deal with competing Members of Indu try. SECTION 27. The following practice , undertaken for the purpose or with the directly or indirectly, of furthering the sa le or u s e of a particular brand of cement hall constitute unfair trade pra tices and a violation of this Code: (a) Except with the approval of theN. I. R. Board (which, when given, shall apply to all Members of the Industry in the marketing area affected) the purchase by any Member of the Industry of bonds or other ecuritie , i sued for the finan cing of con truction work, either in the name of the Member of the Indu try, its sub sidiarie , or of individual s, or officers connected therewith, or the acceptance of such bonds, or other securities, in payment, wholly or in part, for cement, or the advance, loan, or payment of any monies by a Member of the Industry for the purpose of inducing the purcha e of cement, or to assume co t of bidders' bonds or to endorse or guarantee or in any way relieve a bidder of the re ponsibility for or the expen e of providing such bonds. (b) For a l\1ember of Indu try to maintain or utilize any bu iness relation hip with any purcha er or user of the products of thi Indu -try, whether or not such purchaser or u ser i s an affiliate, a member of another Indu try1 or any individual, partner hip, corporation, a sociation or w-ther form of enterprise for the purpo e or with the effect of violating any provisions of the Act or of thi Code. ( c ) For the purpose or with the e ffect of evading the provi ions of this Code, the purchase of fuel or supplie , either directly or indirectly, or in the name of the company, or its subsidiaries, or of individuals, or officers connected therewith at prices above the market price thereof at the time of purcha e. . ARTICLE X-METHOD OF SELLING AND MARKETING CEMENT SECTION 1. B ecau e of inherent varying conditions in the severa l widely separated marketing areas throughout the United States, the Code Authority may submit recommendations to the N. I. R. Board for s u c h exceptions to any of the provis ion s hereof, for all Members of the Industry in the marketing areas affected, as to it may seem appropriate or nece ssary to better effectuate the purposes and provisions of this Code. SECTION 2. No Member of the Industry shall discriminate in prices, terms and conditions of sale at the same time and place of delivery between purchasers or users of cement in the same class and similarly situated. SEcTION 3. The products of this Industry shall be marketed on the basis of a barrel weighing three hundred and seventy-six (376) pounds net; unless a different weight shall have been filed with the Code Authority, and shall be delivered in the following manner: (a) In cloth or paper sacks; four (4) sacks of ninety-four (94)' pounds net each constitute a barrel, unless a different weight shafl have been filed with the Code Authority's agent and printed on the container.

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20 (b) In bulk invoiced on the basi of scale weights at point of or enroute or nearest track cales enroute from point of ong1n. ( 1) Settlement on carload shipments of bulk cement shall be on track scale weights of carriers unless the con i gnee proves by notation on freight bill by railroad agent a to fact and extent of short age occurring on orne particular car an l only in that ca e providing that claim for shortage is made within fifteen ( 15) day after the arrival of uch car at de tination. (2) vVhen grain doors, bulkhead or board are u eel to protect shipment of bulk cement, the weight of uch dunnage shall be con idered a a part of the tare weight of the car. SECTION 4. Cement shall be sold either on current or market order for delivery within fifteen (15) day , or on order or contract for future delivery beyond fifteen (15) days. Quotations on current orders hall be for imme Eate acceptance, and orders for delivery within fifteen (15) day shall be subject to shipment on the fifteenth day without notice to the buyer. SECTION 5 . Orders or contracts for future deli very beyond fifteen (15) day from date of purchase hall be old either to cover period requir ments or specific work. SECTION 6. Exhibit Band C attached to thi Code are de igned and sugge ted for use in closing conunitment for the delivery of cement beyond fifteen (15) day from date of purcha e for pecific work or period requirement . Exhibit B (sp cific ale ordeT) hould be exe cuted where a sale is made by a Member of thi Indu try to a dealer, and Exhibit C (specific sa le s contract) hould be executed: (a) To cover unfini heel commitments with dealers under Exhibit B in event of an increase in the market price. (b) To cover new commitments with dealers at price prior to an advance but clo eel during the period immediately following the advance. Such contract hall be supported by dealer's record of prior deliverie and ontractor's written estimate of requirements. (c) To cover initially all direct a l e by M mbers of this Industry for delivery beyond fifteen (15) days. SE TION 7. Ti1n e of Closing Cal ndar R Contracts.Contracts for any quarter shall be quoted or clo eel not earlier than the fir t clay of the la t month of the pr eding quarter. SECTION 8. 'Vhere land grant or other pecial freight rates are applicable to hipments to the United State Government, a Member of the Industry may file with the Code Authority in the manner prec: ribed for prices under Article VIII, destination co ts to the United States Government computed on such rates. Any M mber of the Inclu try may meet de stination cost thu es tabli heel, a of their operative da te.1 SECTION 9 . To prevent diversions of cement prohibited by this Code and to in ure the broade t field of active comp tition for all cement bu ine s off red cement shall not be quot-ed or old in quanti tie or for point of delivery \Vhich are not clefinit ly eci.fied. E CTION 10. The provi ion of thi Arti le are de ian c1 to meet pr ent indu trial an l ocial condition a they relate to th Portland C m ent Indu try; but theN. I. R. Board re s erve the right, from time 1 S
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21 to time and after such hearing as may be deemed necessary, to modify the provisions h ereo f, a conditions and circumstances may indicate to be ne cessary to effectuate the policy and provisions of the Act. ARTICLE XI-TERMS AND CoNDITIONs OF SALE SECTION 1. All future ales orders and future sales contracts for the ale of product of the Industry shall contain a definite statement of price, quantities, terms of payment, time and place of delivery, and all other terms of sale n ecessary to form a comp l ete and unambiguous contract. SECTION 2. Attached hereto and marked Exhibits B and C are forms of future s p ec ific sales orde rs, and contracts, the provisions, terms and conditions of which have been agreed to by Members of the Industry as representing in s ubstance the best practice s within the Industry. SEcTION 3. Terms of payment hall be as follows: A cash discount of not in excess of ten cents (10) per barrel may be deducted from invoices paid in full within fifteen (15) days frmn date of issue. A ca s h discount of not in excess of twenty cents (20) per barre l may be deducted from invoi ces for 'iVhite Portland cement paid in full within fifteen (15) days from date of i ssue. Invoice s not discounted are payable net thirty ( 30) days from date of issue. (a) Where purchases involve frequent shipments, a plan of semimonthly remittance, based on a fifteen (15) day average, may be used as follows : All invoice s dated from first day of month to fifteenth day of month, inclusive, to be paid by the 22nd of that month; and all in voices dated 16th to 31st, inclusive, to be paid by the 7th day of the following month. (b) Cash discount shall not be allowed if remittance i s forwarded after the expiration of the fifteen ( 15) day period, or semimonthly period; or if deduction i s made in the remittance for cloth sacks to be returned or in transit and not yet credited; or if the remittance consists in whole or in part of note s , trade acceptances, crip, warrants (whether interest bearing or not) or any medium other than ca h or bankabl e check for the full amount of the invoice upon which cash discount i deducted. (c) The postmark date at point of mailing shall det e rmine the date of remittance . (d) No unearned discounts hall be allowed. SECTION 4. Pac kage Charges and Allowan ces (a) When cement i s shipped in cloth or pape r sack the price shall include the Member of the Industry' s published deposit or leasing charges for cloth sac k s or the selling charge f or paper sack s and payment of such charges hall be r equired at the same time as the cement . (b) When used cloth sa cks are returned empty to the Member of the Industry the credit or allowance shall at all times be in accordance with the Member's published t e rms and cond ition s of sa le. INVOICES SECTiON 5. Invoices shall be dated as of the date of shipment (provided where special and unusual conditions prevail, the Members of the Industry in the district or districts concerned, may, subject to the

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22 approval of the Cole Authority an l the N. I. R. Boar l change this prov i i o n t con f orm to uch p e ial and unu ual c ondition ) an l hall contain full information a t o pric e , quantity kind of I a ckage, terms of p avment 1 l ac e of deli' erie r o u'"ing. amount of fr i ght allowed, and any othe r d ata nece sary to s how fully all condition entering into th e . al e . Any deYiation or conce ion from the e conditions 1 an unfair practice. ARTICLE XII-ST.A 'DARDIZATION OF PROD CTS SE TION 1. All Portland cement markete l by 1\1embers of the Indu tr comply with the tandard pecification andjor tentative standard for Portland cement of the American Society for Testing :Material , and/or the American Standard A ociation andjor the Federal Specification Board. : Members of th Industry may ' Produc t of the Indu try 'other than Portland cement under pecifi cations that are de igned to meet special or unusual conditions not adequately or properly covered by the pecifications hereinabove referred to; provided, however that the price at which such "Products of the In lu try" are old hall be filed with the Code Authority in accordance with Article VIII. SEcTION 2. Every 1\1ember of the Indu try hall guarantee his produ ts to comply with all of the condition of the pecifi ation under which they are old, but shall not be re ponsible for the improper u e of cement and therefore shall not guarantee fini heel work nor shall the Member of the Industry be responsible for conditions of product after delivery. SE TION 3. No 1\1ember of the Industry shall pay or ab orb, directly or indirectly any charges for inspe tion or test made by or on behalf of the purchaser to determine compliance with specification therefor. ARTICLE XIII-EXPORT TRADE Nothing in thi Code contained excepting, howe\ er, the wage, hour and general labor provi ion , shall be deemed to apply to or affe c t the ale by any Member of the Indu tr. of any product of the Ind u try for direct shipment in export tra le. ARTI LE XIV-1\1omFI ATIONs SECTION 1. Thi ode and all the pro i ion thereof are expre ly made ubject to the right of the Pre ident in accordance with the pro vi ion of Sub ection (b) of Section 10 of the Act from time to time to can e l or modify any ord r, apr roval licen rule or r egulation i n e d under aid Act. S E CTION 2. Except a to the provi ion required by the Act this Cod ma b e moclifi d on the ba i of xperie n e or hange in cir cum tan c e s u h modifi ation to be ba e l upon application to the N. I. R. B ard, on u c h notic e an l hearing a it hall pe ify and t o become ffectiv e on by the Pre ident. ARTICLE XV X o pro vi : i o n o f thi C l e hall b o n true l or applied a to permit o r promo t m o n pol or monopoli tic prac tice or to eliminate oppr or eli riminate again t s mall enterpri

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23 ARTICLE XVI Thi ode a amended hall become effe tive on the tenth (lOth) da after the date of it appro' al by the N. I. R. Board and hall then uper ede the Code of Fair Competition or the ement Indu -try approved by the President November 27 1933. ARTICLE XVII By pre ent-ing thi Code The Cement In titute and others a -enting hereto do not thereby con ent to any modification thereof and they re erve the right to object individually or jointly to any uch modification except a ma be made in Article X pur uant to ec ion 10 thereof.2 Appro\ed ode No. 128-Amenclment No. 1. R !!i try To. 1010--1-02. 2 Deleted-ee paragraph 2 (2 of order appro..-ing thi Amendment.

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ExHIBIT A. Di tricts The twelYe (12.) geographical district as de cribed by the United States Bureau of Mines are as follow : District No . No. No . N. N. No. No. No. No. No. No. No. 1-Eastern Penn yl\ania, New Jersey, Maryland. 2----New York, Maine. 3-We tern Pennsylvania, Ohio, We t Virginia. 4-Michi an. 5-Wi consin, Illinois, Indiana, Kentucky. 6-\ irginia, 'Ienne ee, Alabama, Georgia, Florida, Loui iana. 7-Ea tern Mi ouri, I wa Minne ota, South Dakota. 8--Western Mi ouri, Kan a , Oklahoma, A.rkan as. 9>----Texas. 10-Colorado, Montana, Utah, Wyoming, Idaho. 11-California. 12-0regon, Wa hington. (24)

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EXHIBIT B pecific ale Order) To arne and Addres of C ment Company We have old to -----------------------Contractor ----------------------Barrel of (Brand) ----------------Portland Cement for ----------------(Fractio n or all) of his requireme n t on the following specific work awarded him: (Character, description and location of work, and name of owner) We hereby place 'Yith you our order for the abo1e quantity of (Brand) -------------------Portland cement, to be packed in --------------------acks, for use n the aboYe work, at your prevailing m arket price at time of shipment, ubject to the conditio n tated on both id e hereof. '1\, e will de ire deli1ery made, as the work require , upon our instructions in carload lot , F. 0. B . ca r ----------------------deliYeries to be complete prior to -----------------------It i expre l y under to od a nd agr eed : 1. That if you ad1ance your market p rice prior t o the completion of s hipment on this order, you will, within t e n (10) days o f the effective date of n c b advanc e, enter into your standard form o f pec ific work contrac t with u , at the price prior t o uch ad•an ce , for the quantity o f cement that may at that date be r equired for the completion of the 'York covered by thi order. 2. That a a ba i-for uch pecific work contract, we will u pply you with our r ecord of cement delivered to the contractor prior to the time of your advanc e in price, together with a written estimate from the contractor, o r a res pon ible emp lo yee of the contractor, of the quantity of cement then require d to complete t h e work. Accepted: (Officer) ])ate: --------------------i ned:---------------------------])ate : ------------------------------ement Company . Term of Payment. On appro1ed credi t net ca h thirty (30) day , from date of i n1oice, or ten (100 pe r barrel di count for ca h in fif teen (15) day from date of in\oice. If at any time the financial r espon i b ility of Buyer become imvnired or un ati facto r y to eller, i t re ene the right to require rayment in adYance or ati factory ecurity or o-uarantee that invo i ces will be promptly paid wben due . If Buyer fail to comp l y with term of payment, r with any of the other term of al , Seller r en-e the r ight to cance l unfilled portion of thi order, without noti e . Buyer r ma i n ing liabl for all unpaid account. . wai,e r of su h 1igbt ball be imp lied from any failure by ell r to e:s:erci. e the same. P ac kage.-loth bearing Seller' brand , in whic h c ment hej:ein con tra t d f o r i pack e d, a r e the property of S e ll e r and a r e for a period of ninety (90) day from the deli1 ry by S e ll e r of t h e aid cement, lea ed by it to Buyer at a charge of ten cent (10) each, which charge i in lude d in price for cement packed in cloth ack and whi c h char ge B uye r agre s to pay at same time and o n arne term a payment for cement i made. Buye r ag r ee. within ninety (90) days o f d li\ery of the cement to return to Seller, the owne r, at it neare t plant, f r e i ght charge coll ect, as pro1ided by railroad c i a ifi cation and tariffs, properly bundled and o marked a to in ure complete id ntifi ca tion, the cloth sack bearing S e ll e r ' b rand , i n whi b t h e said ce m ent i packed , and e lle r agree to refund to Bu;ve r ten cent ( 1 0 ) for each said cloth s a ck o deli,ered itt good condition, ubject t o e ller's count and in-(25)

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26 s pectio n , and to a ss um e frei ght charges the r eo n. If for any reas on freight c h a r ge s ( pe r railroad tariffs ) are prepaid , the y will be r efunde d by S e ll e r upon pre s e ntati o n o f Railroa d Company's r ece i p t d fre i ght bill or bill of lading. For usel e s cloth sac k s whic h h a Y e b ee n wet, n o r efund will b e made . Cl oth sack s b earing o th e r tha n S e ll e r's braml will b e h el d by S eller for thirty (30) days s u b j c t t o B u ye r ' s ord e r. In the e vent tllat a n y of the said e m pty c l oth sack s b earing S eller' brands are so ld o r o t h e rwi. e di spose d o f by Buyer to any p e r so n othe r than S elle r, the own e r , Buye r agrees t o pay S ll e r, a s li quida t e d d amage , t e n cents (10') for each s a c k s o sold or di.-pose d o f . If during the life o f this ord e r, S eller shall hange its pre ent charge f o r the lease o f c loth a c k s, or th e liquidated d a m a g es, or both, it i expre s s ly agreed that th said amount or amo un t s in the prec ding paragraph. shall b"' chang ed a c c ordingly , ancl the gro s price s pe c ifi e d here in for cem ent packe d in loth sacks s h a ll b e c han"' din a ccordance with the change in c haroe for l e a s e of cloth sacks. Price on cement pa k e d in pape r b a g s includes the paper bags, which are not returnable. Shipments in paper bags are made at Buyer's risk of breakage and r esultant loss of c em ent. (If ce m ent comp a n y requires a depo sit for cloth sacks, instead of leasing them, the n the following clauses are . uggestecl) : Pac lcag e.-Tbe cloth s a c ks, b earing Seller's brand, containing the cement are not s old, but r emain the property of S e ller. Buyer agrees to return aiel cloth sac k s , properly bundled and marked o as to insure complete identification, to Seller's nearest mill, within ninety (90) clays from the elate of the delivery of the cement to Buyer. Seller agree s to refund to Buyer the depo sit of ten cents (10) for each cloth sack so returned. Thi deposit has been included in the price herein stated and Buyer agree s to in lucie it when payment for the cement is made. It is, however, express ly understood that such cloth sacks must be delivered to Seller's mill in good condition and will be subject to mill count and inspec tion, and that no refund will be made for useless cloth sacks, nor for cloth sacks not of Seller's brand. Such cloth sacks, if received, will be held by Seller for thirty (30) days subject to Buyer's orde r and risk. Seller agrees to pay carrier's freight charge on returned mpty cloth sacks of Seller's brand after delivery to its nearest mill or to refund Buyer for freight charges prepaid on su c h shipments upon presentation of original bill of lading properly executed or original receipte d freight bill. If Seller shall chang e its pre ent c1eposit required for cloth sacks, it is expressly agreed that the said amounts in the preceding paragraphs shall be changed accordingly and the gross price spe c ified herein for cement packed in cloth sacks shall be changed in accordance with the change of deposit required. Pric e on cement packed in paper bags includes the paper bags which are not returnable. Shipments in pape r bags are made at Buyer's risk of breakage and resultant loss of cement. Bulk C(Jinent.-Bulk cem ent shall be invoi c ed and paid for on ba is of scale weights at point of origin or on railroad track scales, n earest point of origin, while enroute . Origin a l weights shall be final basis of s ettlement unles s buyer prove s by notatio n on freight bill by railroad a gent the fac t ancl extent of such shortage o ccurring in auy particular car and only in that se providing that claim for su c h shortage is made within fifte e n (15) days after arrival of such car at d estination. When grain door s , bulkhea d s or boards are u s ed to protec t shipments of bulk ce m ent, the w e i ght of uch dunnage shall be considered as part of the tare w e i ght o f the car. Claims.-C l a im s for loss or damage will not be considere d unles s supported b y s e a l record and railroad a gent's a c knowl e d g m ent on freight bill. Fr i ght ov e r c h arge cl aims mu s t b e accompanie d by orirrinal r c eiptecl freight bill. 'Ti m e of d elive-ry.-Buye r s h a ll g iv e Sell e r s hippin g instru tion in writing a r easo n a ble time b e f o r e s hipm ents are to b e made. If Buye r fail to orcl r shipmen t within the time s p cifie d "' lle r h a ll l1ave the rio ht to et end the tim e f o r d e li v ry of s u c h cem e n t , bu t shall n o t be obli g a le d to do o, except at its option. T h e Se ll e r r ese r ves th e right to e l m e n t s hall b e forwarde d , but n o r o u t e o r method of. tra nsportation a the Memb ers of the Indu try o r th e ct the r ute a nd m etho d b y whic h s hip H e r can b r quirecl to f a vor any one against anoth r by any joint a tion of ' od e Authority. Transportation charges

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27 p r tariff applying from h ipping p int to p lace of d li•ery for route and metho l of b ipment u ed will be 1 aid by th Buyer for the account of tlle s ll r . Se ller . ball not be liable to Buy r for any de lay i n manufacturin
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E XHIBIT C ( Specific Sales o n tract) A g r eeme n t mad e this ______ _ ___ day o f ----------------1 9 3 __ __ b etwoen -------------------------------------Ce m ent C om pany , h e r einafter calle d Se ller and ----------------------------of -------------------------her e inaft e r called B u e r : e ll e r here by se l ls a n d agr ees t o furnis h and d e li ve r and B u ye r h e r e b y bu;rs and agr ee to r eiYe a n d pay fo r P ortla nd m en t in t h e qu antity and on the terms a ncl o nc1iti o n s h e r e inafter and o n t h back h e reof e t f orth. QUANTI TY : (Bra nd) ------------------Barre l DES R IPTI ON : and Address o f Owne r N a m e and Natu r e of W ork Location of Wo1k Nam e and Address of C ontractor The purpo e of this contract i s t o cov e r the purcha e a nd sal e o f _____ _____ _ _ ------------------------the Portland Cement r equire d t o com p l e t e the work (Fracti o n o r all) h e r einbefore le s cribe d , wheth e r m o r e o r l ess t h a n the qu a n tity stated h e rein. Buyer r ep r esents that the aforesaid numbe r o f barre l s of ct:ment will be u se d in t h e con tructio n of the a boved escrib c1 " ork and agrees that no portion o f s u c h cemen t w ill be u se d fo r a n y ot h e r purpose without the writte n c on sen t o f Se ll e r. If a n y o f the ceme n t shipped h e r eunde r i s r eco n s i g n e d or diverted b y Buye r fro m t h e place o f d eliYe r y s p ecifie d h e r ein or u se d f o r any othe r purpo e, Se ll e r m a y can ce l this contract and r e fu se to ship any more ceme n t a n d Buye r agT ees t o pay S e ll e r's marke t price a t the pl ace o f final d estinati o n fo r s u c h cement as bas b ee n dive rted b y Buye r fro m the r l ace of d elivf'r y s p ecifie d herein or has b e n used b y Buye r for any other purpos e than the purpose above SI ec ifi e d ; Buye r r emaining li able for all unpaid a c c ounts. Place of d e livm y.-F. 0. B. ---------------------------------------Time of deliver y.-Prior t o ----------------------------------------as r equire d b y the prog ress o f the work. Buye r shall g i ve S e ll e r shipping in structions in writing a rea o n a bl e time b efore s hi p m ents are t o b e made. If Buyer f a ils to orde r hipment within the t i m e specifie d Selle r s h a ll have the ri
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29 Packaue.-Cloth sacks S ller' brands, in which cement herein contracted for is pa ked, are the property of eller and are for a period of ninety (90) day from the deliY ry by Seller of the said c ment, l ea eu by it to Buyer at a barge of ten cents (10) each, which charo-e i in lucled in pric for cement packed in loth sa ks and which harg Buyer agr . to pay at arne tim and on arne t rm a payment for c ment i made. Buyer agrees within (90) day of deliv ry of the c ment to return to Seller, the O\Yner, at its nearest pl:lnt, freight charges collect, as provided by railroad clas ifi atjons and tariff , r roperly bundled and o marked a to in ur complet identification, the cloth ack bearing Seller' brands, in which the aid ement i packed, and Seller agrees to refund to Buyer ten cent (10) for ea b said cloth sack o deli\ered in good condition, subject to Seller's count and inspec tion, and to a sume fr i.gbt charges thereon. If for any reas n freight barge (per railroad tariffs) are prepaid. they will be refunded by eller upon pre entation of Railroad ompany's rec ipted freight bill or bill of lading . For u less cloth a cks whic h have b en wet, no refund wi1l be made. 'loth sacks bearing other than Seller's brand will be h Ill by Seller for thirty (30) day subject to Buyer's order. In the event that any of the aid empty cloth sacks b aring Seller's brancl are sold or otherwi e dispo e 1 of by Buye r to any per on other than Seller, the owner, Buyer agrees to pay S e ll e r, a liquidated damages, ten cents for each sack o old or dispo . eel of. If during the life of this contract, S eller ball change its present charge for the lease of cloth sacks, or the liquidated damages, or both, it is expressly agreed that the aid amount or amounts in tb preceding paragrat b . shall be changed accordingly and the gro price spec ifi ed h e rein for cement packed in cloth sacks ball be changed in accordance with the change in charge for lease of cloth sacks. Price on cement packed in paper bag in ludes the paper bags, which are not returnable. bipments in paper bags are made at Buyer's risk of breakage and re ultant los of ement. (If cement company require a d po it for cloth sacks, in tead of leasing them. the n the following clause are s ugg t d) : Package.-The cloth a c k , bearing e ll e r' brand, containing the cement are not old, but remain the property of Seller. Buy r agrees to return aid cloth acks, properly bundled and marked o a. to in sure co mplete identification, to Seller' neare. t mill, within ninety ( 00) days from the date of delivery of t h e cern nt to Buyer. Seller agre to refund to Buyer the 1er O!':it of ten cents ( 10 ) o r each cloth sack so returned. This deposit ha been includ ed in the pri c e herein tated and Buyer agr e to include it when paym nt for the ement i made. It i , however, xpres ly under toed that s u ch cloth . acks must be cleliYered to Seller. mill in ;.rood condition and will be nbj e t t m ill count and in pe 'tion, ancl that no refund will be made for u e l e cloth a k , nor for cl oth ack not of Seller's brand. Su c h cl t h ack . if received, \\'ill be held by , eller fo r thirty (30) day ubj t to Buyer's order and risk. Seller agree to pay carrier' freight charges on returned empty cloth sac k of Seller'. brand after deli\et'}' to its neare t m ill or to refnnl1 Buyer for freight charge prepaid on u ch bipment upon presentation of original bill of lading properly executed or ori
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30 Claims.-Claims for loss or damage will not be con i del'ed unle s supported by eal record and railroad agent's acknowledgment on freight bill. Freight overcharge claim s must be accompani ed by original receipted freight bill. The Seller re erve the right to elect the r oute and method by which bipment ball be forwarded, but no Seller can be r equired to favor any one r oute or method of tran portation as again t another by any j oint action of the M mber of the Indu try or the Code Authorit:r. Transportation charges per tariff applying f r m hii ping point to place of delivery for r oute and m thod o f bipment u ed, will be pai d by the Bu;r e r f o r t h e account of the eller. Selle r hall not be liable to Buyer for any delay in manufacturing s hipping, or delhering said cement cau eel by fire, trike , lock out , diff e r e n ces with work men, acc ident , war, in urre tion, inability to secure ca r , coa l , or other mat rial, governmental interf renee o r r egulation, d e lay in tran portatio n , o r contingen ie beyond Sell r ' control; and luring the time of such d elays Seller ball LaY the rioht to prorate among i t variou c u tomer u h cement a it may be able to manufacture and hip. S lle r ball h aYe the right, but shall n o t be obligated, to ship from any plant other than the one normally s u pplyino-the d elivery point pe ifi d here in. Spcc i(i cati.ons.-The ce ment shipped und r this contract hall conform to the pre ent tandard spec ificati o n for Portland c emen t of the America n So ciety for Testing Materia l s and the Am erican Standard A sociation and/or the Federal S pec ification Board, and no other v;arranty i made in respec t thereof. S eller h aYinO' no con t r o l over the u e o f cem nt will n o t, th refore, guarantee fini. heel w ork in whic h it i s used, n o r hall the Seller be r p n ible for the condition of cement after d elivery to Buyer. Any c harges in c id ent to in pection or t e ts made by or on behalf of Buye r to d e t rmine comp li a n e with spe ification ball be paid by Buyer.

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ExHIBIT D Liquidate d Damage Agreement In con sideration for the act of othe r s in making imilar aoTeements and for substantial benefits and other valuable cons id eration, the r eceipt of which is hereby acknowledged, each p arty to this cont ract covenants and agrees with every oth r party h e r e to, and the Trea urer of the Code Authority for the Portland Cement Industry as an individual, that: 1. If found guilty of violation of any provision o f the Code of Fair Com p etition for the Portland Cement Industry in the manne r provided in Paragraph 2 hereof, he will pay to the Tre a surer of the Code Authority, a an indiYidual a nd not as Treasurer, in trus t, as and for liquidated damages, amounts indicated as follows: (a) For the violation o f any wage provision an amount equal to the difference between the wages which have b ee n paid a nd the w age which would have b ee n paid if the Member had complied with the applicabl e provi ion of the Cod e, provided, however, that any s u c h payments shall not relieve the Member from his oblig ation to make equitable re titution to his emp l oyee o r e mplo yees. (b) For the violation of any hour provision, an amount equal to the wages payable for the overtime a t the r egular rate payable to the emp lo yee or employees who worked overtime. (c) For the violation of any provision o f the Code (other than wage o r h our provisions) invo l v in g a transaction in c idental to or connected with a sal e of any product of the Industry, a n amount equ a l to ______ per cent ( o/o) of the actual selling price o f the product so ld in v i olation of any s u ch p roYi ion, or of the price at whic h the product should have b een sold under th Code, if determinable, whicheve r is the hig h e r . (d) For the violation of any provision of the Code (other t-han wage or h our provis ion s ) not invo lvin g a transaction in cidenta l to or connected with a sal e of any product of the Industry. Note: The amount of liquidated damage must be correlated reasonably to the probable injury . 2 . For the purpose of this contract, ' 7 i o lati on o f any proYision of t h e Code by a party hereto , and his or its liability for liquidated damages herein stipulated shall be d termined by an impartia l f act-finding board, the members of which shall be nominate d b y the Code Authority or by the parties to this cont r act, with the a pprov a l of the N. I. R. Board, con isting of the following: _______ ________ _ Said board shall r ece ive a nd hear all ev id e n ce submitte d , in a fair manner, and shall render its decision in the form of written findings of fact and conclus ions based thereon. Said deci s i o n s h a ll b e final and not s ubject t o r ev i e w. 3 . Each party to this contract hereby assigns, transfers, and d elive r s to the Treasurer of the Code Authority, as an indi vidual, a nd not as Treasurer, in trust, all rights and causes of action whatsoe v e r which shall h e r eafte r accrue to s uch Member for s u c h liquidated damages by rea on of any violation of the Code by a ny other party, and he-r eb y d es i gnates and appoints the Treasurer of the Code Authority, as an individual, a nd not as Treasurer, the true and lawful attorney in fac t of urh party to d emand, s u e for, collect and r eceipt for any and all amounts whic h hall be owing to s u c h M e mb e r in re pect of any s u c h righ t or cause of action and to compromise, settle, satis fy, and discharge a ny u c h right or cause of action, all in the name of s u c h M embe r o r in the name of the Treasure r of the Cod e Authority, as an individua l , a n d not as Treasurer as he hall e lect. All rights o f any person who shall at any time be the Treasurer in r e s pect to any amount whic h shall be payable to him because of the co mmission by any employer of any act con stituting a viol atio n of sai d Cod e , shall pass t o a nd b eco m e vested in his s uc ces o r in office, as an individual, and not as Tre asure r, upon the appointment of uch s u cces or. 4. All liquidated damages paid to or collected by the Treasurer of the Cod e Authority pursuant to the provisions of this contract shall b e utilized by him (31)

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32 in the payment o f Code expenses to the extent indicated and authorized in t he budge t for the C ode Authority. 5. The Treasure r of the Cod e Authority, as an individual, and not as Treasure r , by accepting office accepts the trusts established by this contract and agrees to perform the duties of trustee hereunder until his successor in office may be appointed. 6. Any Member o f the Industry may become a p arty to said contract by written notification to said Treasurer of the Code Authority of the adoptio n of and assent to t h e terms hereof. 7. Except as provided in P aragraph 3 above, nothing contained herein shall be constru ed or appli ed to (a) deptive any r d e mb e r o f the Industry, employee or other per. o n of any right or cause of action arising out of this Code, o r (b) relieve any l\Iember of the Industry from any contractua l or legal obligation arising out of s uch Code or o f the Ac t o r otherwise. 8. This cont r ac t may be terminated by vote of two-thirds (%) of the parties hereto, s u c h termination to take effect immediate ly u po n noti ce in writing to said Treasurer of the Code Authority ; provided, h oweve r, such t ermination shall not relieve any member from payment of liquidated damages due a s a result of any vio lation c ommitted prior to said termination; prov id e d, further, that suc h termination shall not be deemed to constitute a defense in any proceedin g in tituted purs uant to any p r ov i s i ons of the Act, any rules and regulations i ss u e d pursuant thereto, or any p r ov i sio ns of the Code. 9. Anything in this contract t o the contr a r y notwithstanding, upon the affirmative vote of not l ess than seventy-five per cent (75%) of the parties hereto, said parties may waive any liability for liquida t e d damages arising under this contract; provided, how eve r, s uch waiver s h a ll not constitute a defense in any pro ceeding institute d pursuant to any provisions of the Act, any rules and regulations i ss u ed purs uant the r eto, or any provisions of the Code. 10. No s h all be bro ught for the collection of liquidated damages afte r one (1) yea r from the date of the d ecis i o n rende r e d as provided in Paragraph 2 above. 0

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