Citation
Amendment to Code of fair competition for the trucking industry as approved on September 5, 1934

Material Information

Title:
Amendment to Code of fair competition for the trucking industry as approved on September 5, 1934
Portion of title:
Trucking industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
4 p. : ; 24 cm.

Subjects

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

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1411-61."
General Note:
"Approved Code No. 278--Amendment No. 2."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004930382 ( ALEPH )
643515002 ( OCLC )

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Approved Code No. 278-Amendment No. 2 Registry No. 1411-61


NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO
CODE OF FAIR COMPETITION

FOR THE


TRUCKING INDUSTRY


AS APPROVED ON SEPTEMBER 5, 1934


WE DO OUR PART


L- -|---1
U.S. D^I O TOR.'Y


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1984


Forale by the Superintendent of Documents. Washington, D.C. Price 5 centa


Approved Code No. 278-Amendment No. 2


Registry No. 1411-61
























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: .504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit,'Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indi:iapolis. Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 4(0S Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minnean polis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New Y.,-rlk, N.Y.: 734- Customhouse.
Norfolk, Va.: *100 Ea.st Plume Street.
Philadelphia, Pa.: 422 Conimmercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.












Approved Code No. 278-Amendment No. 2


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

TRUCKING INDUSTRY

As Approved on September 5, 1934


ORDER
APPROVING MODIFICATIONS OF CODE OF FAIR COMPETITION FOR THE
TRUCKING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Indus-
trial Recovery Act, approved June 16, 1933, for approval of modi-
fications to the Code of Fair Competition for the Trucking In-
dustry and the annexed report on said modifications containing
findings with respect thereto having been made and directed to the
President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order 6543-A, dated December 30,
1933, and otherwise do hereby incorporate by reference, said an-
nexed report and do find that said modifications and the Code
as constituted after being modified comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said modifications
be and they are hereby approved, and that the previous approval
of said Code is hereby modified to include an approval of said Code
in its entirety as modified, such approval and such modifications
to take effect fourteen days from the date hereof, unless good cause
to the contrary is shown to the Administrator before that time and
the Administrator issues a subsequent order to that effect.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
L. H. PEEBLES,
Acting Division Administrator.
WASHINGTON, D.C.,
September 6, 1934.
84384---1181-14----34 (1)









REPORT TO THE PRESIDENT


The PRESIDENT,
The 'White House.
SIR: This is a report on Modifications of the Code of Fair Compe-
tition for the Trncking Industry. The Modifications were sub-
mitted by the Code Authority for said Industry and are to be pub-
lished coincidental with the approval of the Order. Opportunity
to file objections is to be afforded to all interested parties.
In final form these Modifications have been approved by the
Industrial Advisorm Board and the Legal Division of the National
Recovery Administration. These are the only Boards concerned
with these Modifications.
The Deputy Adiministrator in his final report to me on the Modi-
fications of said Code. having found as herein set forth and on the
basis of all the proceedings in this matter:
I find that:
S(a) The Modifications of said Code and the Code as modified
is well designed to promote the policies and purposes of Title I
of the National Industrial Recovery Act, including the removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount. thereof, and will provide for the
general welfare by promoting the organization of industry for the
purpose of cooperative action among the trade groups, by inducing
and maintaining united action of labor and management under ade-
quate governmental sanctions and supervision, by eliminating unfair
competitive practir,-s, by promoting the fullest possible utilization
of the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
icts through increasing purchasing power, by reducing and relieving
unemployment. by improving standards of labor, and by otherwise
rehabilitation industry.
(l) T'he C'odle 'a modified complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion 8ibsection (a) ouf Setion 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
' (c) The Code empowers the Code Authority to.present the afore-
said ModifiCeations on behalf of the Industry as a whole.
(d) The Modifications and the Code as modified are not designed
to and will riot permit monopolies or monopolistic practices.
(e) ThI Modlifications and the Code as modified are not designed
to and will not eliminate or oppress s-mall enterprises and will not
operate to discriminated against them.
(f) Tlhisp e.iigaged in a;ny other steps of the economic process are
to have full opportunity it i'e !hearn1 as provided in the Order of
Approval.
For these reaons, these Modifications have been approved.
Re.lpect fully,
HUGH S. JOHNSON,
Adm inistrator.
SEPTEMBER 5, !,3-1.









MODIFICATION OF CODE OF FAIR COMPETITION FOR
THE TRUCKING INDUSTRY
Modify Article II by striking out Section 15, and changing the
numbering of the sections following accordingly.
Modify the first paragraph of Article III, A, by striking out the
words Regional Code Authorities; (3)", and changing the nminber
" (4) to (3)b
Modify Article III, A (1) by striking out the first paragraph
thereof headed Organization ", and substituting the following:
The National Code Authority shall consist of one voting member
from each region. For the puIrpose of administering the Code, the
National Code Authority shall divide the United States into regions
consisting of three or more states. The voting numbers of the
National Code Authority shall be elected by an electoral college
consisting of four members from each region. Members of this
electoral college shall be chosen by a majority vote of a convention
qf state code authorities in each region, each state area in such
region voting an equal number of votes. The members of' the
electoral college so chosen from each region shall be e, ,o a regular
route common carrier operator; one, a contract operator; one, a
local cartage operator; and one, an operator from some other
natural class of the Industry.
"The first convention for choice of delegate, to the electoral
college shall be held in each region on call of the National Code
Authority. which call shall be issued within ninety days after the
elections provided for in paragraph (3), hereof headed State-Code
Authority and such convention shall be subject to rules and regu-
lations lpresLtribed by the National Code Authoritya and approved
by the Administrator. ; : 1
"The first meeting of the electoral college shall be held on call
of the National Code Authority and it shall thereafter operate in
accordance with its own by-laws approved by the Administrator
and under its own officers."
Modify the second paragraph of Article III, A (1) headed
" Powers and Duties by striking out the word Regional ", ,
Modify Article III, A (1) (f) by striking out the word "Re-
gional "
Modify Article III, A\ (1) (i) by ,triking out the word "Re-
glona .
Strike out Article IIT, A (2) headed "Regional Code Anthority "
and change the numbering of (3) headed State Code Authority
and (4) headed b" D)ivisional Code Authorities accordingly.
Modify the present paragraph Article III, A (3) headed "State
Code Authority "' by striking out Sub-secti on (h) and substituting
the following:
"Thee appropriate Stte Code Authrity reset to filing of
rates between two or more State Areas, shall be the State Code
Authorities for each area within whose jurisdiction such rates apply
with respect to hearings on the lufficiency of a rate or rates to meet
the cost of the service to be performed. The appropriate State Code








Authority having the power to hold hearings thereon and to suspend
such rate, after hearing, shall be that State Code Authority within
whose jurisdiction the service to be performed to which such rate
applies has its beginning under such rate."
Modify Article III, A (4) (A) headed "Natural Division of
Industry" by striking out the words or Regional" in Sub-
section (5).
Modify Article III, C, headed Temporary Organizations" by
striking out the word '" Regional ".
Modify Article IV, headed Industrial Relations Boards", by
striking out the word Regional ",
Modify Article V, A, by striking out the words or Regional"
from Section 5.
Modify Article VII by striking out the words or Regional from
Sections 1 and 2 thereof, and by striking out the words "and
Regional from Section 3 thereof and inserting in line five of said
Section 3 between the word Divisional and the word State the
word and ".
Modify Article VIII, headed "Trade Agreements", by striking
out the words "Regional or from the second paragraph thereof,
and by striking out the following beginning with line three of the
third paragraph thereof:
"Trade agreements extending beyond the jurisdiction of a State
Code Authority shall be submitted to the appropriate Regional Code
Authority and if extending beyond the jurisdiction of one Regional
Code Authority, shall be presented to the Code Authority for one
of the regions involved and shall be dealt with by a joint committee
of all the regional code authorities within whose jurisdiction such
group agreement is effective. The Code Authority to which such
trade agreement is originally presented shall give notice to all other
regional code authorities in order that such joint committee may be
set up. In dealing with such trade agreement, the joint committee
of all the regions involved shall be vested with the powers of the
several regional code authorities from which its members are ap-
pointed. The proceedings of such inter-regional committee shall
be conducted according to rules and regulations prescribed by the
National Code Authority and each Regional Code Authority in-
volved shall be kept fully informed of the activities of the joint
committeee"
and substituting therefore the following:
"Trade agreements extending beyond the jurisdiction of a state
code authority shall be submitted to the code authorities for each
state within whose jurisdiction such group agreement is effective, and
if approved shall be dealt with by a joint committee of all the state
code authorities within whose jurisdiction such group agreement is
effective. The proceedings of such inter-state committee shall be
conducted according to rules and regulations prescribed by the Na-
tional Code Authority and each state code authority involved shall
be kept fully informed of the activities of the joint committee."
Modify Article X, Section 3 by striking out the word" Regional ".
Approved Code No. 278-Ameudment No. 2.
Registry No. 1411-61.









































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PAGE 1

Approved Code No. 278-Amendment No.2 Registry No. 1411-61 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE TRUCKING INDUSTRY AS APPROVED ON SEPTEMBER 5, 1934 WI DO OUR PARt UNITED STATES GOVERNMENT PRINTING OFFICE W ASBINGTON: 19U For sale by the Superintendent or Documents, Wushln,ton, D.C. • • • • • • • • Price 5 cenCII

PAGE 2

< This publication is for sale by the Superintendent of Documents, Government P;r.inting Office, Washingto n, D.C., and by district offices of the Bureau of Foreign and Domestic Commerce . DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga.: 504 Post Office Building. Birmingham, Ala. : 257 Federal Building. Boston, Mass. : 1801 Customhouse. Buffalo, Chamber of Commerce Building. Charleston, S.O.: Chamber of Commerce Buii<..ling. C hicago, Ill.: Suite 1706, 201 North Wells Street. Cleveland, Ohio : Chamber of Commerce. Dallas, Tex. : Chamber of Commerce B u ilding. D etro it, Mich.: 801 First National Bank Building. Housto n, Tex.: Chamber of Commerce Buildi ng. Indinnapolis, Ind. : Chamber of Commerce Building. Jacksonville, Fla.: Chamber o f Commerce Building. Kansas City, Mo.: 1028 Baltimore Avenue. L os Ange l es, Calif.: 1163 South Broadway. L o u isville, Ky.: 408 Federal Buildi ng. M emphis, Tenn. : 229 Federal Building. Minneapolis, Minn. : 213 Fed-eral Building. N e w Orleans, La. : Room 225-A., Customhou se. N e w Y ork, N.Y.: 73Customhouse. Norfolk, Va. : 406 Ea. t Plume S . heet. Philadelphia, Pa. : 422 QQmmercial T r ust Building. Pittsburgh, Pa.: Chamber of Commerce Building. Portland, Oreg. : 215 New Post Office Building. St. L o uis, Mo . : 506 Oliv e Street. San Francisco, Calif. : 310 Customhouse. Seattle, Wash.: 8 0 9 Federa l Office Building.

PAGE 3

Approved Code No. 278-Amendment No. 2 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE TRUCKING INDUSTRY As Approved on September 5, 1934 ORDER APPROVING MoDIFICATIONs OF CoDE OF FAIR CoMPETITION FOR THE TRUCKING INDUSTRY An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, for approval of modi fications to the Code of Fair Competition for the Trucking Industry and the annexed report on said modifications containing findings with respect thereto having been made and directed to the President: NOW, THEREFORE, on behalf of the President of the United States, I, Hugh S. Johnson, Administrator for Industrial Recovery, pursuant to authority vested in me by Executive Orders of the President, including Executive Order 6543-A, dated December 30, 1933, and do hereby incorporate by said an nexed report and do find that said modifications and the Code as constituted after being modified comply in all respects with the pertinent provisions and w.ill promote the policy and purposes o:f said Title of said Act, and do hereby order that said modifications be and they are hereby approved, and that the previous approval of said Code is hereby modified to include an approval of sa1d Code in its entirety as modified, such approval and such mod,ifications to take effect fourteen days from the date hereof, unless good cause to the contrary is shown to the Administrator before that tune and the Administrator issues a subsequent order to that effect. HUGH 8. JOHNSON, Adrninistrator for Industrial Recovery. Approval recommended : L. H. PEEBLES, Acting Division Administrator. 'v AsmNGTON, D.c., Septe mber 5, 1934-. 84384----1181-14----34 (1)

PAGE 4

REPORT TO THE PRE IDENT Th PRE The White House . IR: Thi. is d. report on nfodification of the Code of Fair Competition for the Trncking Inclu try. The :Modification were submitted by the Cod Authorit} f o r aid Indu try and are to be publi bed coincidental with the approval of the Order. Opportunity to fil ob j ection:' i. to be afforded to all intere ted partie . . In final form the e l\1o lifications ha' been a pproYed b. the Advi on Board and the Leo-al Divi ion of th Nation a l Re over Admini:::tration . These ar the only Board: concerned with the e nfodificati.on . The Deputy Admini trator in hi final report to me on the l\I odi fication of aid ode. haYino found a herein set forth and on the ba i of all the proceeding in this matter: I find that: (a) The : Modifications of said Code and the. Code as modified i well de ignecl to promote the policies and purpo' of Title I of the National Indu trial RecoYery Act includino-the r emoval of ob tructions to he free flow of inter tate and foreign commerce which tend to diminish the amount thereof and will provid for the general welfare by promotino-the organization of indu try for he pnrpo e f cooperative action amana the trade group by in h1cing and maintaining united action of labor and management under adequate oov-ernmental anction. and lp rvi ion, b eliminatino-unfair competitive pra ice , by promoting th fulle t po ible utilization of th pre en 1 ro luctive capacity of inclu •Tie by avoidincr undue of pro luction (except a may be temporaril y required), by i11crea ing the on umption oi Lllln trial and agricultural prodthroug h increa ing purchasing po, -er by reducing and r lieving unemployment. by improving standard of labor, nn l b otherwi e rehabilitating inclu . try. (b) The o 1e a . -11odined com plio in all respert -with the perti n ent of . aid Title of sai 1 t, including withou t limitation Sub. cctio n (a) of ction 3 ub'"'ection (a) of e ion 7 a !ld Sub e"tion (b 1 :f .._ction 10 thereof. (c) Th cle em1J wer the Code Authority to. pre nt the nfo_e ai on behalf of th Indu tr a a whole. (d) The _._.Iochfi ation and the Code as modified no le::-ign d to , n 1 will not l)E'rmit . monopolie or m napoli ti-. practice . (e) Tha 1in atjon and the Code a'"' modified are not de igned to an'l will not liminate or op' ro , ent rpris . and will not operat to cliscriminate again t them. (f) ho e enga o cl in an=--other . -t p of the e anomie proce , are to han' full opp0rtun ty to Le hear J a pro\ided in the Order of Approyal. For rhe . e r a son...: these "ation hav-e been approved. Re pectfullv, ' 193-:::. (2) HuGH . JOHLTS ..._T Adr:lini, tl'ato? ' .

PAGE 5

MODIFICATION OF CODE OF FAIR COMPETITION FOR THE TRUCKING INDUSTRY JYiodify Article II by striking out Section 15, and changing the of the sections follo wing a
PAGE 6

4 Authority having the power to hold hearings thereon and to suspend such rate, after hearing shall be that State Code Au hority within whose jurisdiction the service to be performed to which such rate applies has its beginning under such rate." . Modify Article III, A (4) (A) headed "Natural Division of Industry" by striking out the words "or Regional' in Subsection ( 5) . Modify Article III, C, headed "Temporary by striking out the word "Regional'\ Modify Article IV, headed "Industrial Relations Boards", by striking out the word " Regional ", Modify Article V, A, by striking out the words "or Regional" from Section 5. Modify Article VII by striking out the words " or Regional " from Sections 1 and 2 thereof, and by striking out the words " and Regional" from Section 3 thereof and inserting in line five of said Section 3 between the word "Divisional" and the word "State" the word " and ". Modify Article VIII, headed "Trade Agreements", by striking out the words " Regional or " from the second paragraph thereof, and by striking out the following beginning with line three of the third paragraph thereof : "Trade agreem . ents extending beyond the jurisdiction of a State Code Authority shall be submitted to the appropriate Regional Code Authority and if extending beyond the jurisdiction of one Regional Code Authority, shall be presented to the Code Authority for one of the regions involved and shall be dealt with by a joint committre of all the regional code authorities within whose jurisdiction such group agreement is effective. The Code Authority to which such trade agreement is originally presented shall give notice to all other regional code authorities in order that such committre may be set up. In dealing with such trade agreement, the joint committee of all the regions involved shall be vested with the powers of the several regional code authorities from which its members are appointed. The proceedings of such inter-regional committee shall be conducted according to rules and regulations prescribed by the National Code Authority and each Regional Code Authority in volved shall be kept fully informed of the activities of the joint committee." a.nd substituting therefor the following: " Trade ag-reements extending beyond the jurisdiction of a state code authonty shall be submitted to the code authorities for each state within whose jurisdiction such group agreement is effective, and if approved shall be dealt with by a joint committee of all the state code authorities within whose jurisdiction such group agreement is effective. The proceedings of such inter-state conmuttee shall be conducted according to rules and regulations prescribed by the N a tiona! Code Authority and each state code authority involved shall be kept fully informed of the activities of the joint committee." Modify Article X, Section 3 by striking out the word "Regional". Approved Code No. 278-Amendment No. 2. Registry No. 1411-61. 0

PAGE 7

< • Digitized by the Internet Archive in 2011 with funding from George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation -. { .. ,.. ' ' •• oJ. -t r. 'L.. l . http://www.archive.org/details/amendmenttocodeo6133unit

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UNIVERSITY OF FLORIDA 1111111111111111111111111111111111111111111111111111111111111111 3 1262 08728 6133