Citation
Code of fair competition for the bituminous road material distributing industry as approved on October 26, 1934

Material Information

Title:
Code of fair competition for the bituminous road material distributing industry as approved on October 26, 1934
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
Supt. of Documents
Publication Date:
Language:
English
Physical Description:
p.87-107 : ; 23 cm.

Subjects

Subjects / Keywords:
Pavements, Bituminous -- Law and legislation -- United States ( lcsh )
Road materials industry -- Law and legislation -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

General Note:
"Approved Code No.530 ; Registry No.1003-05".

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:
004851181 ( ALEPH )
63654965 ( OCLC )

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Full Text






NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE

BITUMINOUS ROAD MATERIAL

DISTRIBUTING INDUSTRY


AS APPROVED ON OCTOBER 26, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


For sale by the Superintendent of Documents, Washington, D. C. - Price 5 cents


UNIV. OF FL LIt.




.... ODEP t '
U.S. DEPO^^C^s


Approved Code No. 530


Registry No. 1003--05























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.: 1S01 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.
Hluston, Tex.: Chamber of Commerce Building.
Indianillolis, 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.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N. Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial 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. 530


CODE OF FAIR COMPETITION
FOR THE

BITUMINOUS ROAD MATERIAL DISTRIBUTING
INDUSTRY

As Approved on October 26, 1934


ORDER

CODE OF FAIR COMPETITION FOR THE BITUMINOUS ROAD MATERIAL
DISTRIBUTING 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 a Code of
Fair Competition for the Bituminous Road IMaterial Distributing
Industry, and hearings having been duly held thereon and tie an-
nexed report on said 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 author-
ity vested in it by Executive Orders of the President, including Exec-
utive Order No. 6859, and otherwise, does hereby incorporate by
reference said annexed report and does find that said code complies
in all respects with the pertinent provisions and will promote the
policies and purposes of said Title of said Act; and does hereby order
that said Code of Fair Competition be and it is hereby approved.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LYNCH, Administrative Officer.
Approval recommended:
WALTER G. HOOKE,
Acting Division Adm.inistrator.
WASHINGTON, D. C.,
October ?26, 1934.


(87)


94040-- 1244-105- 34












REPORT TO THE PRESIDENT


The PRESIDENT,
The White Hou-se.
SIR: This is a report on the Code of Fair Competition for the
Bituminous Road Material Distributing Industry, revised after a
public hearing conducted in Washington on June 28, 1934, in accord-
ance with the provisions of the National Industrial Recovery Act.
THE INDUSTRY

Included in this Industry are the resale and reprocessing for sale
and/or either one or both and, or the merchandising of liquid bitu-
minous road materials and/or the preparation of such materials for
application, including the services of all preparatory and necessary
work incidental thereto, from railroad tank cars, service plants,
producers, or refinery plants, or members own plant or otherwise,
by the use of mechanical distributing apparatus or by supply trucks,
and including services such as the heating and, or transportation
with equipment owned and operated by the bituminous road material
distributor.
PR'V'ISI(oNs FOR HOURS AND WAGES

The Code provides for a maximum week of thirty-two hours with
the following exceptions:
(a) Employees engaged in managerial or supervisory capacity
receiving regularly more than thirty-five ($35.00) dollars per week.
Employees engaged in a supervisory capacity are defined as those
persons who perform no manual labor.
(b) Regular employees who are distributor operators or distribu-
tor operator assistants receiving a minimum wage of not less than
thirty-five ($35.00) dollars per week shall be permitted to work in
excess of thirty-two (32) hours in any one week and shall be paid
at the rate of one and one-half (11.) times their prorated hourly
rate for all time actually worked in excess of forty-eight (48) hours
in any one week period. Distributor laborers receiving a minimum
wage of not less than twenty-four ($24.00) dollars per week shall be
permitted to work in excess of thirty-two (32) hours per week.
Rates for overtime for distributor laborers shall be calculated on
the same basis as for distributor operators. For the purpose of cal-
culating the above maximum hours and overtime, hours of work "
and "time actually worked" mean time of actual transportation
and/or application of liquid bituminous materials and/or any other
services performed by such employees, excluding inoperative or
standing time lost for any cause not within the normal control of
the employer.
(88)







(c) Distributor operators paid on a daily basis and paid for all
time spent consecutively on or in connection with a job, irrespecti. e
of time actually worked, and who shall receive not less than six
dollars ($6.00) for a basic eight (8) hour day, which rate is received
irrespective of hours worked if hired for any time during a day,
and receiving an overtime rate of at least one and one-half (11i,)
their prorated hourly rate for all hours in excess of eight (8) in
any one day, may be permitted to work in excess of thirty-two (32)
hours in any one week. Distributor laborers paid on a daily basis
shall receive a minimum wage of not less than four dollars and fifty
cents ($4.50) per day for a basic eight (8) hour day and shall be
permitted to work in excess of thirty-two (32) hours in any one
week. The method of payments and rate for overtime hours for
distributor laborers shall be calculated on the same basis as the
distributor operators.
(d) Accounting, clerical, or office employees, who shall not be per-
mitted to work in excess of forty (40) hours per week.
(e) Watchmen, who shall not be permitted to work in excess of
fifty-six (56) hours in any one (1) week nor more than six (6) days
in any seven (7) day period.
(f) Firemen and plant men when working away from the plant,
who shall not be permitted to work in excess of forty-eight (48)
hours in any one (1) week nor more than six (6) days in any seven
(7) day period.
(g) Employees engaged in emergency work or in emergency repair
work involving breakdowns or the protection of life or property;
provided, however, that such employees shall be paid at the rate of
one and one-half (11/) times their normal hourly rate for all time in
excess of the maximum set forth hereinabove.
The exemptions in paragraphs (b) and (c) of Section 1 of Article
IV are granted on account of the peculiar nature of the work done
by distributor operators, distributor operator assistants and dis-
tributor laborers. Hot or cold liquid bituminous material can be
placed only when the surfaces to which it is to be applied are in the
proper condition. After a rain time can be lost for surfaces to dry,
as the material cannot be placed on a wet surface. The distributor
operator, after he has arrived at the site with the bituminous material,
often has to wait for other parties to build or properly prepare sur-
faces. Oftentimes, this delay is not the fault of the other parties;
they too, have been delayed owing to causes beyond their control.
Operators paid by the week, are frequently paid for a week or more
without doing any work whatever. Frequently, the material is dis-
tributed many miles from the loading point, making it entirely im-
practicable to switch operators and assistants and operator laborers
at such remote locations. It is on account of these facts that the
exempting provisions for maximum hours and overtime have been
incorporated in the Code. Again, safety, too, enters largely into the
methods which have to be followed in this industry-as when apply-
ing liquid bituminous materials to parts of or to the entire surface
of a highway, often requiring alternate flows of traffic, making driv-
ing conditions extremely dangerous. The time element is a primary
consideration and working time has to be so arranged as to provide
for it. Highway officials often declare an emergency on such occa-







sions, and resrular working hours, of necessity, have to be disregarded.
Thus. the distribution of liquid bituminous materials to surfaces is
largely out of the control of the distributor operator. A great deal
of idle waiting time iS unavoidable and it is essential, in calculating
maximum hours worked, that some provisions be made for it.
The Code establishes a miiinimum rate of forty (40) cents per hour
in the states of Kentu;cky. Tennessee. Alabama. Mississippi, Virginia,
North Carolina. South Carolina. Georgia. Florida, Arkansas and
Louisiana: and tifty (50) cents per hour in the other states of the
Union. Office and clerical employees will be paid minimum rates of
from fourteen dollars (S14.'-I) to fifteen dollars ($15.00) per week,
based on population lifferentials.
No person under eighteen (1,) years of age shall be employed in
the industry; provided, however, tiha persons sixteen (16) years or
ever i may be employierl as office boys. mess boys or water boys; pro-
vided. further, that no person under twenty-one (21) years of age
shall be employed as a distributor operator or as a distributor
operator assistant.
The Code provides that no employer shall reclassify employees for
the purpose of defeating the purposes or provisions of the Act or of
the Code. It also contains provisions for the adjustment of wages
above the minimum, the posting of labor provisions, and for pay-
ment of wages at regular stated intervals.

ECONOMIC EFFECT OF THE CODE

Owing to the scarcity and incompleteness of statistics for the Bi-
tuminous Road Material Distributing Industry, it has not. been pos-
sible to compile a really authentic statistical analysis. The fact that
bituminous materials have such a wide and varied use greatly in-
creased this difficulty. The Code Committee stated in the Applica-
tion for Presentation of a Code of Fair Competition that there were
five hundred and eighty-four (584) members of the industry in 1933,
that the industry employed 11.000 persons during that year, and that
the invested capital was $S35.000.000 and the volume of business was
$27.000,000. Even in view of the approximate accuracy of the statis-
tical report, with the unusual reduction in working hours as pro-
vided for by the thirty-two (32) hour week, there can be no doubt
but that employment in this industry will be greatly spread and
increased.
Again, owing to the difficulty in getting accurate statistics, there
was some difficulty in getting a representative Code Committee. It
is believed that the committee finally selected is as truly representa-
tive of the industry as any other similarly sized group from the
industry would be.

FINDINGS

The Deputy Administrator in his final report to this board on
said Code having found as herein set forth and on the basis of all
the proceedings in this matter;







This board finds that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by elimi-
nating unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by this board as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof; and that the applicant association
is an industrial association truly representative of the aforesaid In-
dustry; and that said association imposes no inequitable restrictions
on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these reasons, therefore, this board has approved said Code of
Fair Competition for the Bituminous Road Material Distributing
Industry.
For the National Industrial Recovery Board:
G. A. LYNCH,
AOdministrative Officer.
OCTOBER 26, 1934.












'CODE OF FAIR COMPETITION FOR THE BITUMINOUS
ROAD MATERIAL DISTRIBUTING INDUSTRY
PURPOSES

To effectuate the policies of Title I of the National Industrial
Recovery Act. the following provisions are established as a Code of
Fair Competition for the Bituminous Road Material Distributing
Industry, and shall upon approval be the standards of fair competi-
tion for this Industry and shall be binding upon every member
thereof.
ARTICLE I-APPLICATION

The provisions of this Code shall apply to the entire industry as
hereinafter defined, excluding operations therein undertaken in ac-
cordance with bona fide bids made not more than sixty (60) days
prior to the effective date, or contracts entered into prior to the
effective date. If any other code of fair competition or a provision
thereof, heretofore or hereafter approved by the President, shall
conflict with this Code or with any provisions thereof, the National
Industrial Recovery Board may hold such hearings as it may deem
necessary and thereafter may, if in its judgment justice requires,
grant such stay, exception, or exemption or make such other deter-
mination as it may deem advisable to effectuate, the policies of the
Act.
ARTICLE II-DEFINITIONs

SECTION 1. The term Bituminous Road Material Distributing
Industry ", or the industry as used herein is defined to mean
the resale and reprocessing for sale and,/or either one or both
and/or the merchandizing of liquid bituminous road materials
and/or the preparation of such materials for application, including
the services of all preparatory and necessary work incidental there-
to, from railroad tank cars, service plants, producers, or refinery
plants, or member's own plant or otherwise, by the use of mechani-
cal distributing apparatus or by supply trucks, and including serv-
ices such as the heating and, or transportation with equipment
owned and operated by the bituminous road material distributor,
except when the principal purpose and effect of such sale or dis-
posal is to obtain revenue for transportation; provided, however, that
this definition of the Bituminous Road Material Distributing Indus-
try shall not include the production and refining of bituminous ma-
terials, and the marketing thereof by such producers and refiners;
provided, further, that this definition shall not include the applica-
tion of the above materials at the site of construction.
(92)







SECTION 2. The term employee as used herein includes any per-
son engaged in the industry, however compensated, except a member
of the industry.
SECTION 3. The term "employer" as used herein includes any-
one by whom any such employee is so compensated or employed.
SECTION 4. The term Distributor Operator as used herein means
portable tank car heater operators and trained employees who are
responsible for mechanical distributing apparatus, and for the dis-
tribution of liquid bituminous materials from such distributing
apparatus to designated surfaces in such a manner as to meet spe-
cific requirements and specifications.
SECTION. The term Distributor Operator Assistant" as used
herein means employees who assist distributor operators in their
functions as described in Section 4 of this Article.
SECTION 6. The term Distributor Laborer as used herein means
employees who are attached to a distributing truck who at no time
drive such vehicle and at no time operate such mechanism; and at
most handle the hand hose.
SECTION 7. The term Regular Employee" as used herein means
an employee who is normally employed by a member of the industry
when there is work available.
SECTION 8. The term member of the industry" includes, but
without limitation, any individual, partnership, association, cor-
poration or other agency or form of enterprise which undertakes,
whether by formal contract or otherwise, to direct, superintend,
coordinate or execute, any of the operations of the industry.
SECTION 9. The term Association" means the National Bitu-
minous Road Material Distributing Associates.
SECTION 10. The term Executive Committee" means the Exec-
utive Committee of the Association.
SECTION 11. The terms "President" and "Act" shall mean, re-
spectively, the President of the United States and Title I of the
National Industrial Recovery Act.
SECTION 12. The term Region as used herein includes any one
of several parts of the United States established as hereinafter set
forth in Article III of this Code or as may be otherwise specifically
provided.
SECTION 13. "Population" for the purposes of this Code shall
be determined by reference to the latest Federal Census.
ARTICLE I I-ADMINISTRATION
SECTION 1. Code Authority.-Further to effectuate the policies of
the Act and subject to such rules and regulations as may be issued
by the National Industrial Recovery Board 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, there shall be estab-
lished a Code Authority for the Bituminous Road Material Dis-
tributing Industry (hereafter referred to as the Code Author-
ity ") composed of nine (9) individuals eligible under the provisions
of Section 9 of this Article, to be elected as follows:
(a) Association Members.-Six (6) individuals shall be appointed
from members of the Industry who are members of the Association
94040"--12-44-105--34--2






by the Executive Committee of the Association, to serve for a term
of one (1) year.
(b) Non-Association Members.-Three (3) individuals shall be
appointed by the National Industrial Recovery Board from members
of the Industry who are not members of the Association to repre-
sent non-Association members, to serve for a term of one (1) year
and/or until their respective successors have been selected.
(c) 'Filling Vacanec;es.-The successors of all members of the Code
Authority (including the successors of any member whose mem-
bership becomes vacant) shall be selected in the same manner as their
predecessors, except that the successors to the members appointed
under paragraph (b) hereof may be elected by the members of the
Industry who are not members of the Association, at an election,
the manner and method of conducting which are satisfactory to and
approved by the National Industrial Recovery Board.
(d) Admnnistration Members.-In addition to the membership as
above provided, there may be three (3) members without vote to
be known as Administration Members, to be appointed by the Na-
tional Industrial Recovery Board, to serve for such terms as it may
specify.
(e) Votilng.-Each member of the Code Authority shall have one
(1) vote, and the vote of a majority of said members shall prevail in
determining the actions of the Cocd. Authority.
SECTION 2. Regions.-For the purpose of administration of this
Code, the United States shall be divided into nine (9) regions as
indicated in the following tabulation. The Code Authority may
from time to time revise such region or regions subject to the approval
of the National Industrial Recovery Board.
Region No. 1.-Maine, New Hampshire, Vermont, Massachu-
setts, Connecticut and Rhode Island.
Region. No. 2.-New York and New Jersey.
Regi7on No. 3.-Pennsylvania and Ohio and West Virginia.
Region No. 4.-Maryland, Delaware, District of Columbia,
Virginia, North Carolina, South Carolina, Georgia and Florida.
Region. No. 5.-Texas, Arkansas, Louisiana, Mississippi, Ala-
bama, Tennessee and Kentucky.
Region No. 6.-Illinois, Wisconsin, Indiana, Minnesota and
Michigan.
R Y;on No. 7.-Missouri, Kansas, Iowa, Nebraska and Okla-
homa.
Region No. 8.-Washington, Oregon, Idaho, Montana, North
Dakota and South Dakota.
Region No. 9.-Colorado, Nevada, California, Wyoming, Utah,
Arizona and New Mexico.
SECTION 3. Regional Code Authorities.-In any one of the nine
regions, as defined in Section 2 of this Article, a regional code
authority may be formed by the members of the industry in such
region, for the purpose of supervising and administering this Code
in such region under such powers and duties as may be delegated to
it by the Code Authority.
SECTION 4. Hearings by National Iindustrias l Recovery Board.-
In order that the Code Authority and the regional code authorities
shall at all times be truly representative of the industry and in other







respects comply with the provisions of the Act, the National Indus-
trial Recovery Board may prescribe such hearings as it may deem
proper; and thereafter, if it shall find that the Code Authority or
any regional code authority is not truly representative or does not in
other respects comply with the provisions of the Act, may require
an appropriate modification of the Code Authority or any regional
code authority.
SECTION 5. Amendmvents to Constitution and By-Laws.-The As-
sociation shall impose no inequitable restriction on membership and
shall adopt no future amendment of the Constitution and By-Laws
of the Association which will tend to make the organization not
truly representative of the Industry as herein defined. The Associa-
tion shall submit to the National Industrial Recovery Board true
copies of its articles of association, by-laws, regulations, and any
amendments when made thereto, together with such other informa-
tion as to membership, organization and activities as the National
Industrial Recovery Board may deem necessary to effectuate the
provisions of the Act.
SECTION 6. Liability of Code Authority Mem bcrs.-Nothing con-
tained in this Code shall constitute the members of the Code Au-
thority, or of any regional code authorities, partners for any purpose.
Nor shall any member of the Code Authority or of any regional
code authority be liable in any manner to anyone for any act of
any other member, officer, agent, or employee of the Code Authority
or of any regional code authority. Nor shall any member of the
Code Authority or of any regional code authority, exercising reason-
able diligence in the conduct of his duties hereunder, be liable to
anyone for any action or omission to act under this Code, except
for his own wilful malfeasance or nonfeasance.
SECTION 7. Powers aln Dutics.-Subject to such rules and regula-
tions as may be issued by the National Industrial Recovery Board,
the Code Authority shall have the following powers and duties in
addition to those of insuring the execution of the provisions of this
Code, and providing for the compliance of the industry with the
provisions of the Act, subject to such rules and regulations, and in
addition to those authorized by other provisions of this Code:
(a) It may establish by-laws or rules and regulations for the con-
duct of its affairs and may appoint such committees, agencies and
representatives and delegate to them such of its powers and duties
as it may deem necessary for the proper discharge of its functions
hereunder, provided that nothing herein shall relieve the Code Au-
thority of its duties or responsibilities under this Code and that
such committees, agencies and representatives shall be subject to
and comply with the provisions hereof.
(b) Reco-mnwnidations.-To make to the National Industrial Re-
covery Board from time to time any recommendations which it
deems desirable for modifications of or additions to the Code, which
recommendations upon the National Industrial Recovery Board's
approval and after such hearing as it may prescribe, shall become
a part of this Code and have full force and effect as provisions
thereof.
(c) Investigations and Surveys.-Subject to such rules and regu-
lations as the National Industrial Recovery Board may issue, to







make investigations and surveys concerning the functioning of and
compliance with this Code, the observance of its provisions, includ-
ing the collection of reports on hours of work and rates of compen-
sation and other pertinent matters, whether at the request of the
National Industrial Recovery Board or otherwise, and to report its
findings and recommendations to the National Industrial Recovery
Board whenever necessary or required.
(d) Coordhiation.-To make recommendations to the National
Industrial Recovery Board for the coordination of provisions of
this Code, and of the administration of this Code with such other
Codes as may be related to this Industry or affecL its imembert.
(e) Trade Practice Comm nittees.-To appoint a Trade Practice
Committee which shall meet with the Trade Practice Committees
appointed under such other Codes as may be related to this indus-
try for the purpose of formulating fair trade practices to govern the
relationships between members of this industry and members of such
other codes to the end that such fair trade practices may be proposed
to the National Industrial Recovery Board as Amendments to this
Code or such other Codes.
(f) Using the Association.-To use the Association or other agen-
cies as it deems proper for the performing 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 the Association and such other agencies shall at all times be
subject to and comply with the provisions hereof.
SECTION 8. The Budget.-It being found necessary in order to sup-
port the administration of this Code and to maintain the standards
of fair competition established hereunder and to effectuate the policy
of the Act, the Code Authority is authorized:
(a) Incurring Obligations.-To incur such reasonable obligations
as are necessary and proper for the foregoing purposes and to meet
such obligations out of funds which may be raised as hereinafter
provided and which shall be held in trust for the purposes of the
Code;
(b) Submittal of Budget and Metfhod of Assesi.'ment.-To submit
to the National Industrial Recovery Board for its approval, subject
to such notice and opportunity to be heard as it may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
industry;
(e) Procuring Contributions.--After such budget. and basis of
contribution have been approved by the National Industrial Re-
covery Board, to determine and obtain equitable contribution as
above set forth by all members of this industry, and to that end, if
necessary, to institute legal proceedings therefore in its own name.
SECTION 9. Code Compliance and NRA ,Insiignia.-Each member
of this industry shall pay his or its equitable contribution to the ex-
penses of the maintenance of the Code Authority, determined as
hereinabove provided, and subject. to rules and regulations pertain-
ing thereto issued by the National Industrial Recovery Board. Only
members of this industry complying with the Code and contributing
to the expenses of its administration as provided in Section 8 of this





97

Article, (unless duly exempted from making such contributions)
shall be entitled to participate in the selection of the members of the
Code Authority or to receive the benefits of its voluntary activities
or to use any emblem or insignia of the National Recovery
Administration.
SECTION 10. The Code Authority shall neither incur nor pay any
obligation substantially in excess of the amount thereof as estimated
in its approved budget, and shall in no event exceed the total amount
contained in the approved budget. except upon approval of the Na-
tional Industrial Recovery Board; and no subsequent budget shall
contain any deficiency item for expenditures in excess of prior budget
estimates except those which the National Industrial Recovery
Board shall have so approved.
SECTION 11. Code Authority and Admn.inistration Members.-The
Code Authority or its authorized representative or representatives
and the Administration Members of the Code Authority, or their
proxies appointed by the National Industrial Recovery Board, may
attend meetings of any administrative agency established for any
region provided in this Article.
SECTION 12. Reports.-In addition to information required to be
submitted to the Code Authority, all or any of the persons subject to
this Code shall furnish such statistical information as the National
Industrial Recovery Board may deem necessary for the purposes re-
cited in Section 3 (a) of the Act to such Federal and State agencies
as the National Industrial Recovery Board may designate; and
nothing in this Code shall relieve any person of any existing obliga-
tion to furnish reports to governmental agencies.

ARTICLE IV-HoRus, WAGES, AND GENERAL LABOR PROVISIONS

SECTION 1. Hours--No employee shall be permitted to work in
excess of thirty-two (32) hours in any one week or more than eight
(8) hours in any twenty-four (24) hour period, nor more than five
(5) days in any seven (7) day period, with the following exceptions:
(a) "Emp!oyees engaged in managerial or supervisory capacity
receiving regularly more than thirty-fi\ve ($33.00) dollars per week.
Employees engaged in a supervisory capacity are defined as those
persons who perform no manual labor.
(b) Regular employees who are distributor operators or dis-
tributor operator assistants receiving a minimum wage of not less
than thirty-five ($35.00) dollars per week shall be permitted to work
in excess of thirty-two (32) hours in any one week and shall be paid
at the rate of one and one-half (11-) times their prorated hourly
rate for all time actually worked in excess of forty-eight (48) hours
in any one week period. Distributor laborers receiving a minimum
wage of not less than twenty-four ($24.00) dollars per week shall be
permitted to work in excess of thirty-two (32) hours per week.
Rates for overtime for distributor laborers shall be calculated on
the same basis as for distributor operators. For the purpose of
calculating the above maximum hours and overtime, hours of
work" and "time actually worked mean time of actual transporta-
tion of liquid bituminous materials and/or any other services per-







formed by such employees, excluding inoperative or standing time
lost for any cause not within the normal control of the employer.
(c) Distributor operators paid on a daily basis and paid for all
time spent consecutively on or in connection with a job, irrespective
of time actually worked, and who shall receive not less than six
dollars ($6.00) for a basic eight (8) hour day, which rate is received
irrespective of hours worked if hired for any time during a day,
and receiving an overtime rate of at least one and one-half (11)
their prorated hourly rate for all hours in excess of eight (8) in
any one day, may be permitted to work in excess of thirty-two (32)
hours in any one week. Distributor laborers paid on a daily basis
shall receive a minimum wage of not less than four dollars and
fifty cents ($4.50) per day for a basic eight (8) hour day and shall
be permitted to work in excess of thirty-two (32) hours in any
one week. The method of payments and rate for overtime hours
for distributor laborers shall be calculated on the same basis as for
distributor operators.
(a) Accounting, clerical, or office employees, who shall not be
permitted to work in excess of forty (40) hours per week.
(e) Watchmen, who shall not be permitted to work in excess of
fifty-six (56) hours in any one (1) week nor more than six (6) days
in any seven (7) day period.
(f) Firemen and plant men when working away from the home
plant, who shall not be permitted to work in excess of forty-eight
(48) hours in any one (1) week nor more than six (6) days in any
seven (7) day period.
(g) Employees engaged in emergency work or in emergency re-
pair work involving breakdowns or the protection of life or prop-
erty; provided, however, that such employees shall be paid at the
rate of one and one-half (11.) times their normal hourly rate for
all time in excess of the maximum set forth hereinabove.
SECTION 2. Employment by Several Employers.-No employer
shall knowingly permit any employee to work any number of hours
which, when totaled with that already performed for another em-
ployer or employers in this industry, exceeds the maximum permitted
herein.
SECTION 3. Employers wh.o Perform. Manual Work.-Members of
this industry who personally perform manual work or who are per-
Fonally engaged in mechanical operations shall not exceed the max-
imum as to hours and days prescribed herein, for the work performed
by them, but they shall be granted the exemptions under similar con-
ditions provided for in paragraphs (b), (c) and (f) of Section 1
of this Article.
SECTION 4. TWages.-(a) No employee, excluding accounting, office
and clerical employees, shall be paid at less than the rate of forty
(40 ) cents per hour in the states of Kentucky, Tennessee, Alabama,
Mississippi, Virginia, North Carolina, South Carolina, Georgia, and
Florida, Arkansas and Louisiana; and fifty (50) cents in the other
States of the Union and the District of Columbia.
(b) Mibni.unm Salaties for Clerical a.nd Office Employees.-No ac-
counting, office or clerical employee shall be paid less than at the
rate of fifteen dollars ($15.00) per week in any city of over 500,000
population or the immediate trade area of such city, nor less than






fourteen and a half dollars ($14.50) per week in any city of between
250,000 and 500,000 population, or in the immediate trade area of
such city, nor less than fourteen dollars ($14.00) per week in any
other place.
(c) Payment of Wages.-All members of this industry shall make
payment of all wages due in lawful currency of the United States
or by negotiable check therefore, payable on demand at par. If
wages are paid by check, the employer shall provide reasonably
accessible facilities for cashing such checks at face value without
expense to the employee. Employers shall also provide such identi-
fication as is necessary to utilize such facilities.
Wage shall be payable at the end of each weekly or bi-weekly
period, and shall be exempt from any payment or deduction for pen-
sions, insurance or sick benefits or other items except such as are
voluntarily paid, required by law or authorized to be deducted by
employees. Employers or their agents shall not accept, directly or
indirectly, rebates on such wages nor give anything of value nor
extend any favors to any person for the purpose of influencing rates
of wages or working conditions of their employees.
The provisions of this sub-section regarding payment of wages at
the end of each weekly or bi-weekly period shall not apply to persons
employed in executive, administrative or supervisory capacity who
earn in excess of thirty-five ($35.00) dollars per week, nor to persons
employed in clerical or office work. The wages for persons employed
in clerical or office work shall be payable at least semi-monthly.
SECTION 5. Piecework Compensation..-This Article establishes a
minimum rate of pay regardless of whether an employee is com-
pensated on a time rate, piecework rate or other basis.
SECTION 6. Adjustment of Wage Rates.-All wages shall be ad-
justed so as to maintain a differential at least as great in amount as
that existing on June 16, 1933, between wages for such employment
and the then minima. In no case shall there be any reduction in
hourly rates; nor in weekly earnings for any reduction in hours of
less than thirty per cent.
SECTION 7. Provisions of the Act.-Employees shall have the right
to organize and bargain collectively through representatives of their
own choosing, and shall be free from the interference, restraint, or
coercion of employers of labor, or their agents, in the designation of
such representatives or in self-organization or in other concerted
activities for the purpose of collective bargaining or other mutual
aid or protection; no employee and no one seeking employment shall
be required 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; employers shall comply with the maximum
hours of labor; minimum rates of pay, and other conditions of
employment, approved or prescribed by the President.
SECTION 8. State Laws.-This Code shall not supersede any State,
Federal or local laws imposing more stringent requirements on em-
ployers regulating the age of employees, wages, hours of work, or
health, fire or general working conditions than under this Code.
SECTION 9. Reclasi-fication.-Employers shall not reclassify em-
ployees or duties of occupations performed by employees or engage




100


in any other subterfuge for the intent or purpose of defeating the
purposes or provisions of the Act or of this Code.
SECTION 10. Posting.-All employers shall post and keep posted
the labor provisions of this Code in conspicuous places accessible
to all employees. Every member of the industry shall comply with
all rules and regulations relative to the posting of provisions of
codes of fair competition which may from time to time be pre-
scribed by the National Industrial Recovery Board.
SECTION 11. Standards for Safety and Health..-Each member of
this industry shall provide for the safety and health of his em-
ployees at the place and during the hours of their employment.
Standards for safety and health shall be submitted by the Code
Authority to the National Industrial Recovery Board within three (3)
months after the effective date of this Code. After approval, such
standards shall become the minimum standards of safety and health
for all members of this industry.
SECTION 12. Mininaur A ge.-No person under eighteen (18) years
of age shall be employed i the industry; provided however, that
persons sixteen (16) years or over may be employed as office boys,
mess boys or water boys; provided, further, that no person under
twenty-one (21) years of age shall be employed as a distributor
operator or as a distributor operator assistant.
SECTION 13. Handicapped Persons.-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 Code if the employer or employee
obtains from the State Authority designated by the United States
Department of Labor a certificate authorizing his employment at
such wages and for such hours as shall be stated in the certificate.
Each employer shall file monthly with the Code Authority, a list of
all such persons employed by him, showing the wages paid to, and
the maximum hours of work for, such employees.
SECTION 14. Dismissal or Demotion.-No employee shall be dis-
missed or demoted by reason of making a complaint or giving evi-
dence with respect to an alleged violation of this Code.
SECTION 15. Evasion through Rcemploynent.-No employee now
employed at a wage rate in excess of the minimum shall be dis-
charged and reemployed at a lower rate for the purpose of evading
the provisions of this Code.
SECTION 16. Contracting Labor Services.-No member of this in-
dustry shall, directly, or indirectly, sublet solely the labor services
required by any contract secured by such member.
SECTION 17. Continuity of Employnent.-Emnployers shall admin-
ister work in their charge so as to procure the maximum practicable
continuity of employment for their employees.
SECTION 18. Traveling Expense.-Members of this industry shall
make payment of all legitimate expenses incident to transportation,
board and room, incurred by an employee while traveling to and
from or away from the home site, when place of employment is out-
side of the recognized working area of the home site.





101


ARTICLE V-FAIR TRADE PRACTICE REGULATIONS

The provisions of this Article are established as rules of fair trade
practice, and any violation of said rules shall constitute an unfair
method of competition and a violation of this Code.
RULE 1. Secret Rebates.-No member of this industry shall secretly
offer or make any payment or allowance of a rebate, refund, com-
mission credit, unearned discount or excess allowance, whether in
the form of money or otherwise, nor shall a member of this industry
secretly offer or extend to any customer any special service or
privilege not extended to all customers of the same class, for the
purpose of influencing a sale.
RULE 2. Defaination.-No member of this industry shall defame
a competitor by falsely imputing to him dishonorable conduct, in-
ability to perform contracts, questionable credit standing, or by
other false representation, or by falsely disparaging the grade or
quality of his goods or work.
RULE 3. Misrepresentation.-No member of this industry shall
publish advertising or make any offer of sale which is misleading or
inaccurate in any material particular, nor shall any member in any
way misrepresent any product of this industry (including, but with-
out limitation, its quality, quantity, size, grade or substance) or
credit terms, values, policies or services.
RULE 4. Misbranding.-No member of this industry shall brand
or mark any product of the industry in any manner which is in-
tended to or does deceive or mislead purchasers with respect to the
quality, quantity, size, grade or substance of such products.
RULE 5. Commercial Bribery.-No member of this industry shall
give, permit to be given, or 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 rep-
resented party, without the knowledge of such employer, principal
or party. This provision shall not be construed to prohibit free and
general distribution of articles commonly us2d for advertising except
so far as such articles are actually used for commercial bribery as
hereinabove defined.
RULE 6. Lump-Sunm Bidding.-No member of this industry shall
sell any industry product except on a unit-price basis.
RULE 7. Contingent Selling.-No member of this industry shall
enter into any agreement for furnishing any industry product con-
tingent upon the sale or purchase of any other product or service, or
other contingency not appearing in the contract.
RULE 8. Jobbers and Distributors.-No member of this industry
shall dispose of the products of his industry through a middleman,
whom he controls by stock ownership or otherwise, for the purpose
of evading the standards of fair competition established in this Code.
RULE 9. Confidential Infrmnation.-No member of this industry
shall seek or get confidential information concerning the business of
a competitor by a false or misleading statement or representation,
by a false impersonation of one in authority, by bribery or by any
other unfair method.





102


Rrrn 10. TWIthtdracta7 of Bid.-No member of this industry shall
obtain or attempt to obtain any consideration other than the per-
mission to withdraw a b!d where a bona fide error can be established
after the opening of bids.
RULE 11. Pttl,'ni~'s to Sub ,'iitractorfs.-Funds received by mem-
bers of this industry for vork performed as defined in Section 1 of
Article II of this Codr, or to be performed by him shall be accepted
and applied, first, to the purpose of paying amounts due from him
to others in respect of any portion of -uch work, including amounts
due to employees, material men, subcontractors and others. These
provisions shall not be construed to require said member to keep in
separate bank accounts or deposits, funds received under separate
contract provided he maintains books of account clearly showing the
allocation to each and every contract of the funds deposited, and he
shall devote the final payments due him within ten (10) days after
the receipt thereof to the payment of balances due from him to such
employees, material men, sub-contractors and others provided satis-
factory evidence is furnished to the member of the industry showing
that all outstanding claims against said parties, for which said mem-
ber would otherwise be liable, have been fully satisfied or provided
for. Earlier payments and or greater amounts may be mutually
agreed upon. Nothing in this rule shall be construed to supersede
any Federal, State or local laws imposing more stringent require-
ments with respect to matters referred to herein.
RULE 12. Wa;ii'vg Legal Ri'i.qts.-No member of this industry
shall give any waiver of lien rights without informing sub-con-
tractors with whom he is contracting of such a waiver.
RULE 13. Fhiancig Accounlts.-No member of this industry shall
permit a sub-contractor or vendor on a specific contract to finance or
guarantee a member's accounts, unless such arrangement is expressly
provided for in the original contract between the parties.
RULE 14. Interference with Em.ployecs.-No member of this indus-
try shall entice away the employees of competitors with the purpose
and effect of unduly hampering, injuring or embarrassing competi-
tors in their business.
RuIE 15. Written. Contracts.-Each member of the industry shall
keep accurate and complete records of its transactions in the industry
whenever such records may be required under any of the provisions
of this Code, and shall furnish accurate reports based upon such
records concerning any of such activities when required by the Code
Authority or the National Industrial Recovery Board. If the Code
Authority or the National Inldustrial Recovery Board shall deter-
mine 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 member. or, in the absence of agreement, ap-
pointed by the National Industrial Recovery Board. In no case
shall the facts disclosed by such examination b? 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
provisions of this Code.





103


RULE 16. Investigating Bids.-Upon the complaint of any bidder
the Code Authority or any regional administrative committee ap-
pointed by it shall select a committee of review, composed of not
more than three (3) qualified persons who were not bidders on the
particular job to be reviewed, one of whom, if possible, shall not be
a member of the Association. This Committee shall be directed to
make such investigation of the bid as will enable it to determine
whether this Code of Fair Competition has been violated in the bid-
ding on the job in question. In the event the committee of review
shall find that any such violation has occurred. their findings on the
violation, together with a summary of the facts upon which they are
based, shall be reported to the regional administrative committee or
the Code Authority for such action as it mnay deem proper, including
in appropriate cases, with the approval of the National Industrial
Recovery Board, report to the Federal District Attorney or the
Federal Trade Commission.

ARTICLE VI-OPEN PRICE FrLING, COSTS AND PRICE CUTTING AND
COST FINDING AND ACCOUNTING

A. OPEN PRICE FILING

SECTION 1. Each member of the industry, selling within any region
or subdivision designated by the Code Authority and approved by
the National Industrial Recovery Board, shall file with a confidential
and disinterested agent of the Code Authority, or, if no region or
subdivision shall have been so designated, or, if no agent or agents
shall have been designated by the Code Authority, then within such
region or subdivision and/or with such agent or agents as may be
designated by the National Industrial Recovery Board, identified
lists of all of his prices, discounts, rebates, allowances, and all other
terms or conditions of sale, hereinafter in this Article referred to
as price terms ", which lists shall completely and accurately con-
form to and represent the individual pricing practices of said mem-
ber. Such lists shall contain the price terms for all such standard
products and services of the industry as are sold or offered for sale
by said member and for such nonstandard products of said member
as shall be designated by the Code Authority. Said price terms shall
in the first instance be filed within thirty (30) days after the date
of approval of this provision. Price terms and revised price terms
shall become effective within any region or subdivision immediately
upon receipt thereof by said agent. Immediately upon receipt there-
of, said agent shall by telegraph or other equally prompt means
notify said member of the time of such receipt. Such lists and
revisions, together with the effective time thereof, shall upon receipt
be immediately and simultaneously distributed to all members of
the industry selling within the region or subdivision and to all of
their customers who have applied therefore and have offered to defray
the cost actually incurred by the Code Authority in the preparation
and distribution thereof and be available for inspection by any of
their customers at the office of such agent. Said list or revisions or
any part thereof shall not be made available to any person until re-
leased to all members of the industry and their customers, as afore-






104


said; provided, that prices filed in the first instance shall not be
released until the expiration of the aforesaid thirty (30) day period
after the approval of this Code. The Code Authority shall main-
tain a permanent file of all price terms filed as herein provided, and
shall not destroy any part of such records except upon written con-
sent of the National Industrial Recovery Board. Upon request, the
Code Authority shall furnish to the National Industrial Recovery
Board or any duly designated agent of the National Industrial Re-
covery Board copies of any such lists or revisions of price terms.
For the purpose of this Article, the entire United States may be
defined as a region.
SECTION 2. When any member of the industry has filed any revision,
such member shall not file a higher price within forty-eight (48)
hours.
SECTION 3. When the Code Authority or National Industrial Re-
covery Board shall, in accordance witl the provisions of Section 1,
of this Article, have designated a Regional Agency in any Region
as the agency with which price terms for that Region shall be filed,
each member of the industry selling within the Region shall file with
the designated agency identified lists of all of his prices, discounts,
rebates, allowances, and all other terms and conditions of sale in
accordance with the provisions of this Article. Copies of all such
price lists filed with any regional or subdivisional agency established
pursuant to the provisions of Section 1 of this Article shall be sup-
plied by each member of the industry to and kept on file by a central
confidential and disinterested agent to be designated by the Code
Authority subject to the approval of the National Industrial Recovery
Board. The supplying of such copies shall be for the purpose of
record only and not for the giving of further effect to price terms
operative within the region or subdivision or for distribution to
members of the industry.
SECTION 4. No member of the industry shall sell or offer to sell
any products and/or services of the industry within the region or sub-
division, for which price terms have been filed therein pursuant to
the provisions of this article, except in accordance with such price
terms.
SECTION 5. No member of the industry shall enter into any agree-
ment, understanding, combination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any member of the industry
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.

B. COSTS AND PRICE CUTTING

SECTION 1. The standards of fair competition for the industry
with reference to pricing practices are declared to be as follows:
(a) Wilfully destructive price cutting is an unfair method of
competition and is forbidden. Any member of the industry or of
any other industry or the customers of either may at any time com-
plain to the Code Authority that any filed price constitutes unfair
competition as destructive price cutting, imperiling small enterprise
or tending toward monopoly or the impairment of code wages and





105


working conditions. The Code Authority shall within five (5) days
afford an opportunity to the member filing the price to answer such
complaint and shall within fourteen (14) days make a ruling or
adjustment thereon. If such ruling is not concurred in by either
party to the complaint, all papers shall be referred to the Research
and Planning Division of N. R. A. which shall render a report and
recommendation thereon to the National Industrial Recovery Board.
(b) When no declared emergency exists as to any given product,
there is to be no fixed minimum basis for prices. It is intended that
sound cost estimating methods should be used and that considera-
tion should be given to costs in the determination of pricing policies.
(c) When an emergency exists as to any given product, sale below
the stated minimum price of such product, in violation of Section 2
hereof, is forbidden.
SECTION 2. EmerJgeny Prov iision.-(a) If the National Industrial
Recovery Board, after investigation shall at any time find both (1)
that an emergency has arisen within the industry adversely affect-
ing small enterprises or wages or labor conditions, or tending toward
monopoly or other acute conditions which tend to defeat the purposes
of the Act; and (2) that the determination of the stated minimum
price for a specified product within the industry for a limited period
is necessary to mitigate the conditions constituting such emergency
and to effectuate the purposes of the Act, the Code Authority may
cause an impartial agency to investigate costs and to recommend
to the National Industrial Recovery Board a determination of the
stated minimum price of the product affected by the emergency and
thereupon the National Industrial Recovery Board may proceed to
determine such stated minimum price.
(b) When the National Industrial Recovery Board shall have
determined such stated minimum price for a specified product for a
stated period, which price shall be reasonably calculated to mitigate
the conditions of such emergency and to effectuate the purposes of
the National Industrial Recovery Act, it shall publish such price.
Thereafter, during such stated period, no member of the industry
shall sell such specified products at a net realized price below said
stated niinimum price.and any such sale shall be deemed destructive
price cutting. From time to time, the Code Authority may recom-
mend review or reconsideration, or the National Industrial Recovery
Board may ca-use any determinations hereunder to be reviewed or
reconsidered and appropriate action taken.

C. COST FINDING AND ACCOUNTING

SECTION 1. Cost Finding.-The Code Authority shall cause to be
formulated methods of cost finding and accounting capable of use
by all members of the industry, and shall submit such methods to the
National Industrial Recovery Board for review. If approved by the
National Industrial Recovery Board, full information concerning
such methods shall be made available to all members of the industry.
Thereafter, each member of the industry shall utilize such methods
to the extent found practicable. Nothing herein contained shall be
construed to permit the Code Authority any agent thereof, or any
member of the industry to suggest uniform additions, percentages




106


or differentials or other uniform items of cost which are designed to
bring about arbitrary uniformity of costs or prices.

ARTICLE VII-APPEALS

SECTION 1. Any directly interested party shall have the right of
complaint to the appropriate regional code authority, and of a
prompt hearing and decision in respect of any decision, rule, regula-
tion, order or finding made by such authority, under -iich reason-
able rules or regulations as may be prescribed by such authority.
SECTION 2. In respect. of any decision, rule, regulation, order or
finding made by any regional code authority, any directly interested
party shall have the right of complaint to the Code Authority and
of a prompt hearing and decision under such rules of procedure as it
may prescribe.
SECTION 3. Any directly interested party shall have the right of
appeal to the National Industrial Recovery Board, subject to such
rules and regulations as it may prescribe, in respect to any decisions,
rule, regulation, order or finding made by the Code Authority.
SECTION 4. The Code Authority shall be empowered to hear dis-
putes between regional code authorities, committees, or agencies.

ARTICLE VIII-REGISTRATION OF MEMBERS OF THE INDUSTRY

Each.member of this industry within thirty (30) days after the
effective date of this Code, shall register with the Code Authority.
All members of this industry who may engage in the Bituminous
Road Material Distributing Industry thereafter shall likewise reg-
ister with the Code Authority. Registration of a member of this
industry shall include the full name and mailing address of the
member. An application may be made by the Code Authority to
the National Industrial Recovery Board for an extension of the
time limit for the registration by any member of this industry if it
appears that the time limit as provided herein might cause injustice
or undue hardship to any member of this industry.

ARTICLE IX-MONOPOLIES

No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrim-
inate against small enterprises.

ARTICLE X-MODIFICATION
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. Sub-section (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule or regu-
lation issued under Title I of the said Act and specifically, but with-
out limitation, to the right of the President to cancel or modify his
approval of any provisions of this Code or any conditions imposed
by him in his approval thereof.





107


SECTIox 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, such modifications to be based upon application to the Na-
tional Industrial Recovery Board and such notice and hearing as it
shall specify, and to become effective upon its approval.
ARTICLE XI-REVIEW OF ACTS OF CODE AUTUOPITIES

If the National Industrial Recovery Board shall determine that
any action of the Code Authority or of any regional code authority
or any agency thereof may be unfair or unjust or contrary to the
public interest, the National Industrial Recovery Board may require
that such action be suspended to afford an opportunity for investi-
gation of the merits of such action and further consideration by the
Code Authority or of any regional code authority or agency pend-
ing final action which shall not be effective unless the National
Industrial Recovery Board approves or unless it shall fail to dis-
approve after thirty days' notice to it of intention to proceed with
such action in its original or modified form.
ARTICLE XII-E-ECrTIE DATE

This Code shall become effective on the beginning of the thirtieth
(80th) day after its approval by the President.
Approved Code No. 530.
Registry No. 1003-05.




UNIVERSITY OF FLORIDA
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Full Text

PAGE 1

Approved Code No. 530 Registry No. I 003-05 NATIONAL RECOVERY ADMINISTRATION CODE OF FAIR COMPETITION Fon THE BITUMINOUS ROAD MATERIAL DISTRIBUTI~lG INDUSTRY AS APPROVED ON OCTOBER 26, 1934 WE DO OUR PA.:n' .... o~---UNITED STATES GOVER1 'MENT PRINTING OFFICE WASffiNGTON: 1934 For sale by the Superintendent of Documents, Washingtcn, D. C. • • • • • • - • • Price 6 ceni.

PAGE 2

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. B os ton, Mass. : 1 801 Customhouse . Buffa lo, N. Y.: Ch ambe r of Comm e rce Building. Charlest o n, S. C. : Chambe r of Commerce Building. Chic a go, Ill.: Suite 1706, 201 North Wells Street. Cl e veland, Ohio : Chamber of Comm e r c e. Dallas . Tex.: Chamber of Commerce Building. Detroit, Mi ch.: 8 01 Firs t Nationa l Bank Building. H o u s ton, Tex. : Chamber o f Commerce Building. Indiana polis, Ind. : Chamber of Commerce Building. Jac k onville , Fla.: Chamber of Commerce Building. Kan. as City, M o.: 1028 Baltimore Avenue. Lo s An g eles , Calif.: 1163 South Broadway. Louisville, Ky.: 408 Federal Building. Memphis, Tenn. : 229 Federal Building. Minneapolis, Minn. : 213 Federal Building. New Orleans, La.: Room 225-A, Customhouse. New York, N. Y.: 734 Customhouse. Norfolk, Va.: 406 East Plume Street. Philadelphia, Pa.: 422 Commercial 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.

PAGE 3

Approved Code No. 530 CODE OF FAIR COMPETITION FOR THE BITUMINOUS ROAD MATERIAL DISTRIBUTING INDUSTRY As Approved on October 26, 1934 ORDER CooE OF FAIR COMPETITION FOR THE BrruMINous Ro.AD J\fATERIAL DISTRIBUTING INDUSTRY An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Industrial Recov ery Act, approved June 16, 1933 , for approval of a Code of Fair Competition for the Bituminous Road Material Distributing Industry, and hearings having been duly held thereon and the an nexed report on said Code, containing findin gs with respect thereto, having been made and directed to the President: NO"\V THEREFORE, on behalf of the President of the United States, tl1e National Industrial R ecovery Board, pursuant to authority vested in it by Executive Orders of .the President, including Exec utive Order No. 6859, and otherwise, does hereby incorporate by reference said annexed report and does find that said code complies in all respects with the pertinent provisions and will promote the policies and purposes of said Title of said Act; and does hereby order that said Code of Fair Competition be and it is hereby approved. NATION AL INDUSTRIAL RECOVERY Bo.ARD, By G. A. LYNCH, Adm.inistrative Officer. Approval recommended: w ALTER G. HOOKE, Acting Division Administrator. WASHINGTON, D. c., Octob er B6, 19 34 . 94040-1244-105-34 (87)

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REPORT TO THE PRESIDENT The PRESIDENT, The White H ou.se. Srn: This is a report on the Code of Fair Competition for the Bituminous Road Material Distributing IndUllittry, revised after a public hearing conducted in Washington on June 28, 1934, in accord ance with the provisions of the National Industri al Recovery Act. THE INDUSTRY Included in this Industry are the resal e and reprocessing for sa le and/or either one or both and/or the merchandising of. liquid bituminou s road materials and/or the preparation of such materials for application, including the serv ices of all preparatory and necessary work incidental thereto, from railroad tank cars, service plants, producers, or refinery plants, or members own plant or otherwise, by the use of mechanica l distributing apparatus or by supply trucks, and including services such as the heating and/or transportation with equipment owned and operated by the bituminous road material distributor. PR ' YISIONS FOR HOURS AND WAGES The Code proYides for a maximum week of thirty-two h ours with the following exceptions : (a) Employees engaged in managerial or s uperYi sory capacity rec eiving regularly more than thirty-fiye ( $35.00 ) dollars per week. Employees engaged in a supervi sory capacity are defined as those persons who perform no manual labor. (b) Regular emp lo yees who are distributor operators o r distributor operator assistants receiving a minimum wage of not l ess tha n thirty-five ($35.00) dollars per week shall be permitted to work in exce s s of thirty-two (32) hours in any one week and shall be paid at the rate of one nnd one-half (1) times their prorated hourly rate f or all time actually worked in excess of forty-eight ( 48) hours in any one week period. Distributor l aborers receiving a minimum wa ge of not l es than twenty-four ($24.00) dollars per week shall be permitted to work in excess of thirty-two (32) hours per week. R ates for overtime for distributor laborers shall be calculated on ihe same basis as for distributor operators. For the purpose of ca l cu lating the above maximum hours and overtime, "hours of work" and "time actually worked " mean time of actual transportation and/or application of liquid bituminous materials and/ or any other services performed by such emplo yees, excluding inoperative or standing time lost for any cause not within the normal contro l of the emp loy e r. (88)

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89 ( c) Distributor operators paid on a daily basis and paid for all time spent consecutively on or in connection with a j ob, irrespe cu, e of time actually worked, and who shull receive not l ess than six dollars ($6.00) for a basic eight (8) hour day, which rate is received irrespective of hours worked if hired for any time during a day, and receiving an overtime rate of at lea s t one and one-half (1) their prorated hourly rate for all hours in excess of eight (8) in any one day, may be permitted to work in excess of thirty-two (32) hours in any one week. Distributor laborers paid on a daily basis shall rec e ive a minimum wage of not less than f our dollars and fifty cents ($4.50) per day for a basic eight (8) hour day and shall be permitted to work in excess of thirty-two (32) honrs in any one week. The method of payments and rate for overtime hours for distributor laborers shall be calculated on the same basis as the distributor operators. ( d) Accounting, clerical, or office employees, who shall not be permitted to work in excess of forty (40) hours per week. ( e) "'\,Vatchme n, who shall not be permitted to work in excess of fifty-six ( 56) hours in any one (1) week nor more than six ( 6) days in any seve n (7) day period. (f) Firemen and plant men when working away from the plant, who shall not be permitted to work in excess of forty-eight (48) hours in any one (1) week nor more than six (6) days in any seven (7) day period. ( g ) Employees engaged in emergency work or in emergency repair work involving breakdowns or the protection of life or property; provided, however, that such employees shall be paid at the rate of one and one-half (1) times their normal hourly rate for all time in excess of the maximum set forth hereinabove. The exemptions in paragraphs (b) and ( c) of Section 1 of Article IV are granted on account of the peculiar nature of the work done by distributor operators, distributor operator assistants and distributor laborers. Hot or cold liquid bituminous material can be placed only when the surfaces to which it is to be applied are in the prope r condition. After a rain time can be lost for surfaces to dry, as the material cannot be placed on a wet surface. The distributor operator, after he has arrived at the site with the bituminous material, often has to wait for other parties to build or properly prepare surfaces. Oftentimes, this delay is not the fault of the other parties; they too, have been delayed owing to causes beyond their control. Operators paid by the week, are frequently paid for a week or more without doing any work whatever. Frequently, the material is distributed many miles from the loading point, making it entirely im practicable to switch operators and ass'istants and operator laborers at s uch remote lo ca tion s . It is on account of these facts that the exempting provisions for maximum hours and overtime have been incorporated in the Code. Again, safety, too, enters largely into the methods which have to be followed in this industry-as when applying liquid bituminous materials to parts of or to the entire surface of a _highway, often requiring alternate flows of traffic, making driving conditions extremely dangerous. The time element is a primary con s~derat~on and wor_k~ng time has to be so arranged as to provide for 1t. Highway officials often dec l a re an em ergenc y on such occa-

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a m n t DE FL-DIXGS The Deputy Admini .rator in hi final report to thi bonrd on aid Code hanng f un a herein ueL f rth and on the ba is of all the proceeding ~ in this matter;

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91 This board finds that: (a) aid Cotle i w 11 de io-ned to promote the policie and purposes of Titl I of the ... .,. at:onal Indu. trjal R ecovery .Act including r moval of obstruc6ons to the free flow of inter:tate and foreign commerce which tend to climini. h the amount thereof and will provide for tLe general welfare by promoting the organization of indu try for the purpose of cooperative action a1nong trade group by inducing and maintaining united action of labor and management under adequate governmental anction and supernsion by eliminating unfair competitive practices by promoting the fulle t po ible utilization of the present productive capacity of indw trie by avoiding undue r e -triction of production ( except as may be temporarily required) by increa ing the con umption of indu trial and agricultural products through increa ing purchu ing power by reducing and relieving un employment by improving tandard.s of labor, and by otherwise rehabilitating indu try. (b) 'aid Industry nonnally employ not more than j0 000 em ployees; and is not cla ssi fied by this b oard as a major indu try. ( c) The Code as approved complie . in all r e pect. with the pertinent provisions of said Title of said ct including without limitation Sub ection (a) of I ection 3, ubsection (a) of 'ection 7 and ub section (b) of Section 10 thereof and that the applicant association is an industrial association truly representative of the afore aid Industry; and that said association imposes no inequitable restrictions o n admission to membership therein. ( d) The Code is not designed to and will not permit monopolies or monopolistic practice . ( e) The Code is not designed to and will not eliminate or oppress small enterprises and will not operate to discriminate against them. (f) Those engaged in other steps o:f the economic process have not been deprived of the right to be heard prior to approval of said Code. For these reasons, therefore, this board has approved said Code of Fair Competition for the Bituminous Road Material Distributing Industry. For the National Industrial Recovery Board: G. A. LYNCH OCTOBER 26, 1934. Administrative Officer.

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1CODE OF FAIR COMPETITION FOR THE BITUMINOUS ROAD MATERIAL DISTRIBUTING INDUSTRY PURPOSES To effectuate the policies of Title I of the National Industrial Recovery Act, the following provisions are established as a Code of Fair Competition :for the Bituminous Road Material Distributing Industry, and shall upon approval be the standards of fair competition for this Industry and shall be binding upon every member thereof. ARTICLE I-APPLICATION The provisions of this Code shall apply to the entire industry as hereinafter defined, excluding operations therein undertaken in ac cordance with bona fide bids made not more than sixty ( 60) days prior to the effective date, or contracts entered into prior to the effective date. If any other code of fair competition or a provision thereof, heretofore or hereafter approved by the President, shall conflict with this Code or with any provisions thereof, the National Industrial Recovery Board may hold such hearings as it may deem necessary and thereafter may, if in its judgment justice requires, grant such stay, exception, or exemption or make such other determination as it may deem advisable to effectuate the policies of the Act. ARTICLE II-DEFINITIONS SECTION 1. The term "Bituminous Road Material Distributing Industry ', or "the industry" as used herein is defined to mean the resale and reprocessing for sale and/or either one or both and/or the merchandizing of liquid bituminous road materials and/or the preparation of such materials for application, including the services of all preparatory and necessary work incidental there to, from railroad tank cars, service plants, producers, or refinery plants, or member's own plant or otherwise, by the use of mechani cal distributing apparatus or by supply trucks, and including serv ices such as the heating and/or transportation with equip1nent owned and operated by the bituminous road material distributor, except when the principal purpose and effect of such sale or dis posal is to obtain revenue for transportation; provided, however, that this definition of the Bituminous Road Material Distributing Industry shall not include the production and refining of bituminous ma terials, and the marketin~ thereof by such producers and refiners; provided, :further, that this definition shall not include the application of the above materials at the site of construction. (92)

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93 SECTION 2. The term" employee" as used herein includes any person engaged in the industry, however compensated, except a member of the industry. SECTION 3. The term "employer" as used herein includes anyone by whom any such employee is so compensated or employed. SECTION 4. The term " Distributor Operator " as used herein n1eans portable tank car heater operators and trained employees -who are responsible for mechanical distributing apparatus, and for the distribution of liquid bituminous materials from such distributing apparatus to designated surfaces in such a manner as to meet spe cific requirements and specifications. SECTION. The term "Distributor Operator Assistant" as used herein means employees who assist distributor operators in their functions as described in Section 4 of this Article. SECTION 6. The term " Distributor Laborer " as used herein means employees who are attached to a distributing truck who at no time drive such vehicle and at no time operate such mechanism; and at most handle the hand hose. SECTION 7. The term "Regular Employee" as used herein means a . n employee who is normally employed by a member of the industry when there is work available. SECTION 8. The term "member of the industry" includes, but without limitation, any individual, partnership, association, corporation or other agency or form of enterprise which undertakes, whether by formal contract or otherwise, to direct, superintend, coordinate or execute, ani of the operations of the industry. SECTION 9. The term 'Association" means the National Bituminous Road Material Distributing Associates. SECTION 10. The term "Executive Committee" means the Executive Committee of the Association. SECTION 11. The terms " President " and "Act " shall mean, re specti vely, the President of the United States and Title I of the National Industrial Recovery Act. SECTION 12. The term " Region " as used herein includes any one of several parts of the United States established as hereinafter set forth in Article III of this Code or as may be otherwise specifically provided. SECTION 13. " Population " for the purposes of this Code shall be determined by reference to the latest Federal Census. ARTICLE III-Am,nNrSTR.ATION SECTION 1. Oode A'U;thority.-Further to effectuate the policies of the Act and subject to such rules and regulations as may be issued by the National Industrial Recovery Board 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, there shall be established a " Code Authority for the Bituminous Road Material Distributing Industry" (hereafter referred to as the "Code Authority") composed of nine (9) individuals eligible under the provisions of Section 9 of this Article, to be elected as follows : (a) Associa . tion Me1nbers.-Six (6) individuals shall be appointed from members of the Industry who are members of the A sociation 040J0--l244-105--34-2

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94 by the Executive Committee of the Associatio n , t o se r v e for a term of one (1) year. (b) NonAssociation Jl,f mnbers. Three (3) individual s shall be appointed by the National Industrial Recovery Board from members of the Indu try who are not m e mbers of the As~ ociation to represent non-Asso ciation members, to se:;:ve for a term of one (1) year and/or until their respective succe s sors have been selected. ( c) Filling V acancies. -The successors of all members of the C o d e Authority (including the successors of any member whose mem ber hip becomes vacant) shall be selected i n the same manner as their predecessors, except that the successors to the members appointed under paragraph (b) hereof may be elected by the members of the Industry who are not members of the Association, at an elect i on, the mannr and method of conducting which are satisfactory to and approved by the National Industrial Recovery Board. ( d) Adm.inistration M embers.-In addition to the membership as above provided, there may be three (3) members w ithout vote to be known a Administration Members, to be appointed by the National Industri a l Recovery Board, to serve for such terms as it may specify . (e) Voting. Each member o f the Code Authority sh all h av e o ne (1) vote, and the vo~ of a majority of said members shall prevail in determining the actions of the Co03 Authority. SECTION 2. Regions. For the purpose of admi nistration of this Code, the United States shall be divided into nine ( 9) regions as indicated in the following tabul ation. The Code Authority m a.y from time to time revise such region or regions subject to t h e appr o v a l of the National Industrial Recovery Board. R e gion No. 1.-Maine, New Hampshire, Vermont, Massac husetts, Connecticut and Rhode Isl and. R e gion No . fZ.New York and New Jersey. R e gion No. 3 .-Pennsylvania and Ohio and Wes t Virginia. R e gion No. 4.-1faryland, Delaware, District of Columbia , Virginia, North Carolin:1, South Carolina, Georgia and F lorida. R e gion No. 5.Texas, Arkansas, Louisiana, i1ississipp i , A l a bama, Tennessee and ICentucky . R e gion No. 6.-Illinois, \Visconsin, Indiana, Minnesota and Michigan. R e gion No. 7.-:Missouri, Kansas, Iowa, Nebraska and Oklahoma. R e qion No . 8.-\Vashington, Oregon, Idaho, lviontana, North Dakota and South Dakota. R e gion No. 9.-Colorado, Nevada, California, 1Vyoming, Utah, Arizona and New Th1exico. SECTION 3 . Regional Gode Authorities.-In any one of the nine regions, as defined in Section 2 of this Article, a regional code authority may be formed by the members of the industry in suc h region , for the purpose of supervising and administering this Code in su c h region under such powers and duties as may be delegated t o it by the Code Authority. SECTION 4. H e arings by National Industrial Recovery Board. In order that the Code Authority and the regional code authorities shall at all times be truly representative of the industry and in othe r

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95 respects comply with the provisions of the Act, the National Industrial Recovery Board may pres cribe such hearings as it may deem proper; and thereafter, if it shall find that the Code Authority or any regional code authority is not truly representative or does not in other respects comply with the provisions of the A ct, may require a.n appropriate modification of the Code Authority or any regional code authority. SECTION 5. Aniendments to Constitut i on and By-Laws.-The As sociation shall impose no inequitabl e restriction on membership and shall adopt no future amendment of the Constitution and By-Laws of the Association which will tend to make the organization not truly representative of the Industry as herein defined. The Association shall submit to the National Industrial Rec overy Board true copies of its articles of association, by-laws, regulations, and any amendments when made thereto, together with such other information as to membership, organization and activities as the National Industrial Recovery Board may deem necessary to effectuate the provisions of the Act. SECTION 6. Liab ility of Code Autlwrity Menibers.-Nothing contained in this Code shall con stitute the members of the Code Authority, or of any regional code authorities, partners for any purpose. Nor shall any memb e r of the Code Authority or of any regional code authority be liable in any manner to anyone for any act of any othe r member, officer, agent, or employee of the Code Authority or of any regional code authority. Nor shall any member of the Code Authority or of any regional code authority, exerc ising reason able diligence in the condu c t of his duties hereunde r, be liable to anyone for any action or omission to act under this Code, ex cept for his own wilful malfe asance or nonfea sance. SECTION 7. Po wer s a1ul D uties.-Subject to such rules and regulations as may be i ss ued by the Nationa l Industrial Recovery Board, the Code Authority shall have the f o llowing powers and duties in addition to thos e of insuring the exe cution of the provision s of this Code, and providing for the complianc e of the industry with the provisions of the Act, s ubje c t t o su c h rule s and regulations, and in addition to tho s e authorize d by other p r o v ision s of this Code: (a) It may establish by-la ws or rules and regulations for the conduct of its affairs and may appoint su c h c o mmittees , agencies and repres entatives and d e l egate to them su c h of its pow e rs and duties as it may de e m nece ssary f o r the prope r disch a r ge of its functions hereunder, provided that nothing h e r ein shall reli e ve the Cod e Authority of its duties o r r es p ons ibilitie s u nde r this C ode and that s u c h committ ees , agenc i es and r e p resentat i ves shall b e subj ect to and comply with the prov i s i o n s h ere of. (b) Rec01nmenda. t i o ns.-To m ake to the N atio n a l Ind ustria l Re cov e 1-y Boa r d fro m time to time any rec omm e ndatio n s which it deems desirabl e f o r modifi catio n s of or addit i o n s to the Code, which recomm endations upon t h e National Industrial R e covery Board's approval and after su c h hearing as it may prescribe , shall b e come a pa.rt of this Code and have full force and effect as provisions thereof. ( c) Investiga t i ons and Sitrveys.-Subject to such rules and regulat10ns as the National Industrial Recovery Board may issue, to

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96 make investigations and surveys concerning the functioning of and compliance with this Code, the ob serYanc e of its provisions, including the collection of reports on hours of work and rates of compensati o n and other pertinent matters, whether a t the reqnest of the National Industria l R ecovery Board or otherwise, and to report its findings and recommendations to the National Industrial Recovery Board w h eneYer neces sary or required . (d) Coordination.-To make recommendations to the National Indu trial R ecovery Board for the coordination of provisions of this Cod e , and of the administration of this Code with such other Codes as may be related to this Industry or affect its m e miJer...:. ( e) T1ade Pra ctice Cornmittees.-To appoint a Trade Prac tice Committee which shall 1neet with the Trade Practice Committees appointed unde r uch other Codes as may be related to this indus try for the purpo e of formulating fair trade practices to govern the relations hips between memb e r s of this industry and member s of such othe r codes to the end that s u c h fair trade practices may be proposed to the Nation a l Industrial Re c overy Board as Amendments to this Code or suc h other Codes. (f) Using the Asso ciation.-To use the Ass ociation or other agen cies us it deems proper for the performing of any of its activities provided for herein, provided that nothing herein shall relieve the Code Authority of its duties or re ponsibilities under this Code, and that the Association and suc h othe r agencie s shall at all times b e s ubj ect to and comply with the provisions hereof. SECTION s: The Biulget.-It being found n ecessary in order to support the administration of this Code and to maintain the standards of fair competition establ i shed h ereunder and to effectuate the policy of the Act, the Code Authority is authorized: (a) I ncurring Obligations.-To incur such reasonable obligations as are necessary and proper for the :foregoing purposes and to meet such obligations out of funds which may be raise d as hereinafter provided and which shall be held in trust for the purposes of the Code; (b) Submittal of Budge t and 111 et lwd o f Assessm , ent.-To submit to the National Industrial Recovery Board for its approYal, sub ject to such notice ancl opportunity to be heard as it may cle"m n ecessary, ( 1) an itemiz e d budget of its estimated expenses for the foregoing purposes, and (2) an equitable b asis upon which the funds necessary to support such budget shall be contributed by members of the industry; ( e) Proci1,ring Contributions.-After such budget and basis of contribution have been approved by the National Industrial Re covery Board, to d etermine and obtain equitable contributio n as above set forth by all members of this industry, and to that end, if nec essa ry, to institute legal proceedings therefor in its own name. SECTION 9. Code Compliance and NRA / nsignia.-Each member of this industry shall pay his or its eq ui table contribution to the ex penses of the maintenance of the Code Authority, determined as h ereinabove provided, and sub ject to rules and reaulations pertaining thereto i ssued by the National Industrial Recovery Board. Only members of this industry complying with the Code and contributing to the expenses of its administration as provided in Section 8 of this

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97 Article, ( unless duly exempted from making such contributions) shall be entitled to participate in the selection of the members of the Code Authority or to receive the benefits of its voluntary activities or to use any emblem or insignia of the National Recm-ery Administration. SEcTJON 10. The Code Authority shall neither incur nor pay any obligation s ub. ~tantially in excess of the amount thereof as estimated in its approved budget, and shall in no event exceed the total amount containe d in the approved budget~ except upon approval of the National Industrial Recovery Board; and no subsequent budget shall contuin any deficiency item for expenditures in excess of prior budget estimates except those which the National Industrial Recovery Board shaH have so approved. SECTION 11. Code Authority and Ad1ninistration Mem,bers.-The Code Authority or its authorized representative or representatives and the Administration n-1embers of the Code Authority, or their proxies appointed by the National Industrial Recovery Board, may attend meetings of any administrative agency established for any region provided in this Article. SECTION 12. Reports.-In addition to information required to be submitted to the Code Authority, all or any of the persons sub ject to this Code shall furnis h such statistical information as the National Industrial Recovery Board may deem necessary for the purposes recited in Section 3 (a) of the Act to such Federal and State agencies as the National Industrial Recovery Board may designate; and nothing in this Code shall relieve any person of any existing obligation to furnish reports to governmental agencies. ARTICLE IV-HouRs, ,v .AGEs, .AND GENERAL LABOR PRovi sroNs SECTION 1. H ou1s.N o employee shall be permitted to work in exce s s of thirJ.y-two (32) hours in any one week or more than eight (8) hours in any twenty-four (24) hour period, nor more than five ( 5) clay_s in any seven (7) day period, with the following exceptions: (a) Emp_oyees engaged in managerial or supervi ory capacity receiving regularly more than thirty-five ( $35 .00) dollars per week. En1ployees engaged in a supervisory capacity are d efined as those persons who perform no manual labor. (b) Regular employees who are distributor operators or distributor operator assistants receiving a minimum wage of not lec::s than thirty-fh e ( $35.00) doll&rs per week shall be permitted to work in excess of thirty-two (32) hours in any one week and shall b e paid at the rate of one and one-half (1) times their prorated hourly rate for all time actually worked in excess of forty-eight ( 48) hours in any one week period. Distributor laborers receiving a minimum wage of not less than twenty-four ($24.00) dollars per week shall be permitted to work in excess of thirty-two (32) hours per week . Rates for overtime for distributor laborers shall b e calculated on the same ba is as for distributor operators. For the purpose of calculating the above maximum hours and overtime, "hours of work" and "time actually worked" mean time of actual transportation of liquid bituminous materials and/or any other services per-

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98 formed by such employees, excluding inoperative or standing time lost for any cause not within the normal control of the employer. ( c) Distributor operators paid on a daily basis and paid for all time spent consecutively on or in connection with a job, irrespective of time actually worked, and who shall receive not less than six dollars ($6.00) for a basic eight (8) hour day, which rate is received irrespective of hours worked if hired for any time during a day, and receiving an overtime rate of at least one and one-half (1) their prorated hourly rate for all hours in excess of eight (8) in any one day, may be permitted to work in excess of thirty-two (32) hours in any one week. Distributor laborers paid on a daily basis shall receive a minimum. wage of not less than four dollars and fifty cents ($4.50) per day for a basic eight (8) hour day and shall be permitted to work in excess of thirty-two (32) hours in any one week. The method of payments and rate for overtime hours for distributor laborers shall be calculated on the same basis as for distributor operators. (a) Accounting, clerical, or office employees, who shall not be permitted to work in excess of forty ( 40) hours per week. (e) Watchmen, who shall not be permitted to work in excess of fifty-six (56) hours in any one (1) week nor more than six (6) days in any sevien (7) day period. (f) Firemen and plant men when working away from the home plant, who shall not be permitted to work in excess of forty-eight (48) hours in any one (1) week nor more than six (6) days in any seven (7) day period. (g) Employees engaged in emergency work or in emergency repair work involving breakdowns or the protection of life or property; provided, however, that such employees shall be paid at the rate of one and one-half (1) times their normal hourly rate for all time in excess of the maximum set forth hereinabove. SECTION 2. Employment by Several Employers.-No employer shall knowingly permit any employee to work any number of hours which, when totaled with that already performed for another em ploy~r . or employers in this industry, exceeds the maximum permitted herein. SECTION 3. Eniployers who Perf orrn Manual W ork.-Members of this industry who personally perform manual work or who are personally engaged in mechanical operations shall not exceed the maximum as to hours and days prescribed herein, for the work performed by them, but they shall be granted the exemptions under similar conditions provided for in paragraphs (b), ( c) and ( f) of Section 1 of this Article. SECTION 4 . 1Vageg.-( a) No employee, excluding accounting, office and clerica l employees, shall be paid at le ss than the rate of forty ( 40) cents per hour in the states of Kentucky, Tennessee, Alabama, l\1ississippi, Virginia, North Carolina, South Carolina, Georgia, and Florida, Arkansas and Louisiana; and fifty ( 50) cents in the other States of the Union and the District of Columbia. (b) 1llininiu11i Sala1-ies foT Clerical and Office Employees.-No accounting, office or clerical employee shall be paid less than at the rate of fifteen dollars ($15.00) per week in any city of over 500,000 population or the immediate trade area of such city, nor less than

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99 fourteen and a half dollars ($14.50) per week in any city of between 250,000 and 500,000 population, or 1n the jmmediate trade area o:f such city, nor less than fourteen dollars ($14.00) per week in any other place. ( c) Payment of 'Wages.-All members o:f this industry shall make payment of all wages due in lawful currency of the United States or by negotiable check therefor, payable on demand at par. I:f wages are paid by check, the employer shall provide reasonably accessible :facilities for cashing such checks at :face value without expense to the employee. Employers shall also provide such identi fication as is necessary to utilize such facilities. Wage shall be payable at the end of each weekly or bi-weekly period, and shall be exempt from any payment or deduction for pen sions, insurance or sick benefits or other items except such as are voluntaril y paid, required by law or authorized to be deducted by employees. Employers or their agents shall not accept, directly or indirectly, rebates on such wages nor give anything of value nor extend any favors to any person :for the purpose of influencing rates of wag,es or working conditions of their employees. The provisions of this sub section regarding payment o:f wages at the end of each wookly or bi weekly period shall not apply to persons employed in executive, administrative or supervisory capacity who earn in excess of thirtyfive ($35.00) dollars per week, nor to persons empl oyed i n clerical or office work. The wages for persons employed in clerica l or office work shall be payable at least semi -monthly. SECTION 5. Piecework O ornpensation. -This Article estab l ishes a nunimum rate of pay regardless of whether an employee is compensated on a time rate, piecework rate or other basis . SECTION 6. Adjustment of l,Jl age Rates.-All wages shall be adjusted so as to maintain a differential at least as great in amount as that existing on June 16, 1933, between wages for such employment and the then minima. In no case shall there be any reduction in hourly rates; nor in weekly earnings for any reduction in hours of less than thirty per cent. SECTION 7. Provisions of the Act. Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities :for the purpose o:f collective bargaining or other mutual aid or protection; no employee and no one seeking employment shall be required as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of his own choosing; employers shall comply with the maximum hours of labor; minimum rates of pay, and other conditions of employment, approved or prescribed by the President. SECTION 8. State Laws. -This Code shall not supersede any State, Federal or local laws imposing more stringent requirements on em ployers regulating the age of employees, wages, hours of work, or health, fire or ~eneral working conditions than under this Code. SECTION 9. Reclassification .-Employers shall not reclassify em ployees o r duties of occupations performed by employees or engage

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100 in any other subterfuge :for the intent or purpose of defeating the purposes or provisions of the Act or of this Code. SECTION 10. Posting.-All employers shall post and keep posted the labor provisions of this Code in conspicuous places accessible to all employees. Every membe r of the industry shall com.Ply with all rules and regulations relative to the posting of provisions of codes of fair competition which may from time to time be prescribed by the National Industrial R ecovery Board. SECTION 11. Standards for Safety (lffl,d H ealth.-Each member of this industry shall provide for the safety and health o:f his em ployees at the place and during the hours of their employment. Standards for safety and health shall be submitted by the Code Authority to the National Industrial Recovery Board within three (3) months after the effective date of this Code. After approval, such standards shall become the minimum standards of safety and health for all members of this industry. SECTION 12 . Minilrrvwm A9e.-No person under eighteen (18) years of age shall be employed 1n the industry; providedt however, that perso ns sixteen (16) years or over may be employed as office boys, mess boys or water boy,s ; provided, further, that no person under twenty-one (21) years of age shall be employed as a distributor operator or as a distributor operator assistant. SECTION 13. Handicapped Persons.-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 Code if the employer or employee obtains from the State Authority designated by the United States Departm ent of Labor a certificate authorizing his employment at such wages and for such hours as shall be stated in the certificate. Each employer shall file monthly with the Code Authority, a list of all such persons employed by him, showing the wages paid to, and the maximum hours of work for, such employees. SECTION 14. Dis missal or D emotion.-N o employee shall be dis missed or demoted by reason of making a comJ?laint or giving evi dence with respect to an alleged violation of thIS Code. SECTION 15. Evasion through Reeniployment.-No employee now employed at a wage rate in excess o f the minimum shall be discharged and reemployed at a lower rate for the purpose o:f evading the provisions of this Code. SECTION 16. Contracting Labor Services. No rn.emb.er of this industry shall, directly, or indirectly, sublet solely the labor services required by any contract secured by such member. SECTION 17. Continuity of Employrnent.-Employers shall administer work in their charge so as to procure the maximum practicable continuity of employment for their employees. SECTION 18. Traveling E xpense.-Members of this industry shall make payment of all legitimate expenses incident to transportation, board and room, incurre d by an employee while traveling to and from or away from the home site, when place of employment is outside o:f tho recognized working area of the home site.

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101 ARTICLE V-F AIR TR.ADE PRACTICE REGULATIONS The provis ions of this Article are established as rules of fair trade practice , and any. ':iolation of_ saic~ rules s~all constitute an unfair inethod of competit10n and a violation of tlus Code . RuLE 1. Secr e t R ebates.-N o m e mb er of this industry sh all secretly offe r or make any payment or :1llowance of a rebat , refund, com mis sio n credit, unearned d i scount or exce allowance, whether in the form of money or otherwise, nor shall a member of this industry secretly offer or extend to any customer any specia l serv i ce or privilege not extended to all customer of the same c l ass, for the purpose of influen cing a sale . R ULE 2. D efamation. N o member of this industry shall defame a competitor by falsely imputing to_ him dishon?rable c~mdu~t, inability to perform contracts, quest10nable crecht standm g, or by other false representati o n, or by falsely disparaging the grade or quality of his goods or work. RULE 3. Misrepr esentation.-N o m ember of this industry shall publish advertising or make any offer of sale w h ich is misleading or inaccurate in any material particular, nor shall any member in any way misrepresent any product of this industry (including, but without limitation, its quality, quantity, size, grade or subs tance) or credit terms, values, policies or services. RULE 4. M is branding.-No member of this industry shall brand or mark any product of the industry in any manner which is intended to or does deceive or mislead purchasers wi t h res pect to the quality, quantity, size, grade or s ub stance of such products. RuLE 5. Oo11?1Jne rcial Bribery.-No member of this industry shall give, permit to be given, or 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 rep resented party, without the knowledge of such employer, principal or party. This provision shall not be construed to prohibit free and general distribution of article s commonly us~ d for advertising except so far as such articles are actually used for commercial bribery as hereinabove defined. RULE 6. Lum, p-Swrn Bulding.-N o member of this industry shall sell any industry product except on a unit-price basis. RULE 7. Oontingent Selling.-No member of this industry shall enter into any agreement for furnishing any industry product contingent upon the sale or purchase of any other product or service, or other contingency not appearing in the contract. RuLE 8. Jobbers and Distributors.-N o member of this industry shall dispose of the products of his industry through a middleman, whom he controls by stock ownership or otherwise, for the purpose of evading the standards of fair competition establi shed in this Code. RULE 9. Oonfid en tial lnformation.-No member of this industry shall seek_ or get confidential i~1forrr~ation concerning the business of a competitor by a false or mi s l eading statement or representation, by a false imp2 rsonation of one in authority, by bribery or by any other unfair method.

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102 RUL-c 10. 1Vithr . fraical of Bid'.-No member of thjs industry shall obtain or attempt to ohtain any con sid ration other than the per mi sion to with lr::i.w n b:c1 ,,;her" a bona fide error can be established after the opening of bi c l s . RuLE 11. P ayrn c n ts to /"' ubcontractors.-Funcls received by members of this industry for \';ork pe1formed as defined in S0ction 1 of Article II of thi Cor le, or to be p 3rformed by h:m shall be accepted and applied, first, to the purpose of paying amounts due from him to others in respect of any portion of suc h "ork, including amounts due to employees, material men, subcontractors and others. These provisions shall not be construed to require said membe r to keep in separate bank accounts or deposits, funds received under separate contract provide 1 he maintains books of account clearly showing the allocation to each and every contract of the funds deposited, and he shall' devote the final payments due him within ten ( 10) days after the receipt thereof to the payment of balances due from him to such employees, material men, sub-contractors and others provided satisfactory evidence is furnished to the member of the industry showing that all outstanding claims against said parties, for which said member would otherwise be liable, have been fully satisfied or provided for. Earlier payments and/or greater amounts may be mutually agreed upon. Nothing in this rule shall be construed to supersede any Federal, State or local laws imposing more stringent requirements with respect to matters referred to herein. RULE 12. 1Vaiving L e gal Rights.-N o member of this industry shall give any waiver of lien rights without informing sub-contractors with whom he is contracting of such a waiver. RULE 13. F inancing Accounts.-N o membe r of this industry shall permit a sub-contractor or vendor on a speci fic contract to finance or guarantee a member's accounts, unle s such _arrangement is expressly provided for in the original contra.ct between the pa. rties. RULE 14. I nterference with Ernployees.-N o member o:f this industry shall entice away the employees of competitors with the purpose and effect of unduly hampering, injuring or embarrassing competitors in their business. RULE 1 5 . 1,Vritten Contracts.-Each member of the industry shall keep accurate and complete records of its transactions in the industry whenever such records may be required under any of the provisions of this Code, and shall furnish accurate reports based upon such records concerning any of such u.ctivities whe n required by the Code Authority or the National Industrial R ecovery Board. If the Code Authority or the National Industrial Recovery Board shall determine that sub tantiul doubt exists as to the accuracy of any such repqrt, so muc h of the J?ertinent books, records, and papers of such m ember as may be requ red for the verification of such report, may be examined by an impu.rtial agency agree d upon b etwe" n the Code Authority and s u c h member, or, in the ab e nce of agreement, appointed by the National Industrial RecoY ery Board. In no case shall the fa"ts dis,...losed by such examination b 3 made available in identifiable form to any competitor whether on the Code Authority or oth erwise, or be given any other publication except s u c h as may be requir d for the prope r administration or enforcement of the provisions of this Code.

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103 RULE 16. l nrvestigating Bids.-Upon the complaint of any bidder the Code Authority or any regional administratiYe committee ap pointed by it shall select a committee of review, composed of not more than three (3) qualified persons who were not bidders on the particular job to be reviewed, one of whom, if pos . ible, shall not be a member of the A sociation . This Committee hall be directed to make such investigation of the bid as will enable it to determine whether this Code of Fair Competition has been violated in the bidding on the job in question. In the event the committee of review shall find that any uch violation ha occnrrecl, their findings on the violation, together with a summary of the facts upon which they are based, shall be reported to the reg ion a l administrative committee or the Code Authority for such action a s it may deem proper, including in appropriate cases, with the approval of the National Industrial Recovery Board, report to the Federal District Attorney or the Federal Trade Commission. ARTICLE VI-OPEN PRICE FILING, COSTS AND PRICE CuTTIKG AND CosT FINDING AND AccouNTING A. OPEN PRICE FILING SECTION 1. Each member of the industry, selling within any region or subdivision designated by the Code Authority and approved by the National Industrial Recovery Board, shall file with a confidential and disinterested agent of the Code Authority, or, if no region or subdivision shall have been so designated, or, if no agent or agents shall have been designated by the Code Authority, then within such region or subdivision and/or with such agent or agents as may be designated by the National Industrial Recovery Board, identified lists of all of his prices, discounts, rebates, allowances, and all other terms or conditions of sale, hereinafter in this Article referred to as "price terms", which lists shall completely and accurately conform to and represent the individual pricing practices of said mem ber. Such lists shall contain the price terms for all such standard products and service s of the industr y as are s old or offered or sale by said member and for such nonstandard products of said member as shall be designated by the Code Authority. Said price terms shall in the first instance be filed within thirty (30) days after the date of approval of this provision. Price terms and revised price terms shall become effective within any region or subdivision immediately upon receipt thereof by aid agent. Immediately upon receipt there of, said agent shall by telegraph or other equally prompt means notify said member of the time of such receipt. Such lists and revisions, too-ether with the effective time thereof, shall upon receipt be immediately and simultaneously distributed to all members of the industry selling within the region or subdivision and to all of their customers who have applied therefor and have offered to defray the cost actually incurred by the Code Authority in the preparation and distribution thereof and be available for inspection by any o:f their customers at the office of such agent. Said list or revisions or any part thereof shall not be made available to any person until re leased to all members of the industry and their customers, as afore-

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104 said; provided, that prices filed in the first instance shall not be released until the expiration of the aforesaid thirty (30) day period after the approval of this Code. The Code Authority shall maintain a permanent file of all price terms filed as herein provided, and shall not destroy any part of such records except upon written consent of the National Industrial Recovery Board. Upon reques t, the Code Authority shall furnish to the National Industrial Recovery Board or any duly designated agent of the National Industrial Re covery Board copies of any such lists or revisions of price terms. For the purpo e of this Articie, the entire United States may be defined as a region. SECTION 2. When any member of the industry has filed any revision, such member shall not file a higher price within forty-eight ( 48) hours. SECTION 3. When the Code Authority or National Industrial Re covery Board s hall, in accordance with the provisions of Section 1, of this Article, have designated a Regional Agency in any Region as the agency with which price terms for that Region shall be filed, each member of the industry selling within the Region shall file with the designated agency ide ntified lists of all of his prices, disco unts, rebates, allowances, and all other terms and cond i tions of sale in accordance with the provisions of this Article. Copies of all s uch price lists filed with any regional or subdiv i siona l age ncy established pursuant to the provisions of Section 1 of this Article shall be supplied by each member of the industry to and kept on file by a central confidential and disinterested agent to be de s ignated by the Code Authority subject to the approval o f the National Industrial Recovery Board. The supplying of such copies shall be for the purpose of record only and not :for the giving of further effect to price terms operative within the region or subd ivision or for distribution to members of the industry. SECTION 4. No member of the industry shall sell or offer to sell any products and/or services of the industry within the region or sub di vision, :for which price terms have been filed therein pursuant to the provis ions of this article, exc ept in accordance with suc h price terms. SECTION 5. No member of the industry shall enter into any agree ment, understanding, combinat ion or conspiracy to fix or maintain price terms, nor cause or attempt to cause any member of the industry to change his price terms by the use of intimidation, coercion, or any other influence incons isten t with the maintenance of the free and open marke t which it is the purpose of this Article to create. B. COSTS AND PRICE CUTTING SECTION 1. The standards of fair competition for the industry with reference to pricing practices are declared to be as follows : (a) Wilfully destructive price cutting is an unfair method of competition and is forbidde n. Any member of the industry or o:f any other industry or the customers of either may at any time com plain to the Code Authority that any filed price constitutes unfair competition as destructive price cutting, imperiling small enterprise or tending toward monopoly or the impairment of code wages and

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105 working conditions . The Coe.le Authority shall within five (5) days afford an opportunity to the member filing the price to an wer such complaint and shall within fourteen (14) days make a ruling or adjustment thereon. If such ruling i not concurred. in b y either party to the complaint, all papers shall be referred to the Research and Planning Division of N. R . A. whic h sh a ll render a report and recommendation thereon to the National Industrial R e covery Board. (b) When no declared emergency exist s as to any given product, there is to be no fixed minimum basis f o r price . It i s intende d that sound cost estimating m ethods should b,, used ancl that considera tion shou l d be given to co sts in the determination o:f pricing policies. ( c) When an emergency exi s ts as to any given product, sale below the stated minimum price of s uch produc t, in viol a tion of Section 2 h ereof, is forbidd-en. SECTION 2. E11ie1 g e n c y Provis-ion.-(a) If the N ational Industrial Recovery Board, after investigation shall at any time find both ( 1) that an emerge ncy has arisen within the industry adversely affect ing sma ll enterprises or wages or labor conditions, or tending toward monopoly or other acute conditions which tend to defeat the purposes of the Act; an l (2) that the determination of the stated minimum price for a specified product within the industry for a limited period is n ecessary to mitigate the conditions constituting such emergency and to effectuate the purposes of the Act, thB Code Authority may cause an impartial agency to investigate costs and to recommend to the National Industria l Recovery Board a determ ination of the stated miniinum price of the product affected by the emergency and thereupon the National Industrial Recovery Board may proceed to determi ne such stated minimum price. (b) When the National Industrial Recovery Board shall have determined such stated minimum price for a specified product for a stated period, which price shall be reasonably calculated to rn.itigate the conditions of such emergency and to effectuate the purposes of the National Industrial Recovery Act, it shall publish such price. Thereafter, during such stated period, no member of the industry shall sell s uch specified products at a net realized price belo w said stated minimum price .and any such sale shall be d e emed destructive price cutting. From time to time, the Code Authority may recommend review or rec onsideration, or the National Industrial Recovery Board may cause any determinations hereunder to be reviewed or reconsidered and appropriate action taken. O. COST FINDING AND ACCOUNTING SECTION 1. Oost Finding.-The Code Authority shall cause to be formulated methods of cost finding and accounting capable of use by all members of the industry, and shall submit such methods to the National Industrial Recovery Board for review. If approved by the National Industrial Recovery Board, full information concerning such methods shall be made available to all members of the industry. Thereafter, each member of the industry shall utilize such methods to the extent found practicable. Nothing herein contained shall be construed to permit the Code Authority1 any agent thereof, or any member of the industry to suggest un1torm additions, percentages

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106 or differentials or other uniform items of cost which are designed to bring about arbitrary uniformity of costs or prices. \.nTICLE \ II-APPE LS SECTION 1. Any directly interested party shall have the right of complaint to the appropriate r gional code authority, and of a prompt hearin aand decision in re pect of any decision, r n le, regulation, or ler or finding made by cuch authority, under :--nch reason able rules or regulation as may b ~ pre cribed by such authority. SECTION 2. In respect of any decision, rule, regulation, order or finding made by any regional code authority any directly interested party shall have the right of complaint to the Code Authority and of a prompt hearing and decision unde r such rules of procedure as it may prescribe. SECTION 3. Any directly intereste d party shall have tl1e right 0 appeal to the National Industrial Recovery Board, subject to such rules and regulations as it may prescribe, in re pect to any decisions, rule, regulat10n, order or finding made by the Code Authority. SECTION 4. The Code Authority shall b e empowered to hear disputes between regional code authorities, con1mittee s , or agencies. ARTICLE VIII-REGIS TRATIO:N OF ~fE1IBERS OF THE INDUSTRY Each _ memb e r of this industry within thirty (30) days after the effective date of this Code, shall register with the Code Authority. All members of this industry who may engage in the Bituminous Road :Material Distributing Industry thereafter shall likewise register with the Code Authority. Registration of a member of this industry shall include the full name and mailing address of the member. An application may be made by the Code Authority to the National Industrial Recovery Board for an extension of the time limit for the registration by any mem9er of this industry if it appears that the time limit as provided herein might cause inJustice or undue hardship to any member of this industry. ARTICLE IX-iioNOPOLIES No provision of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. ARTICLE X-MODIFICATION 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_ Sub-section (b) of Sectio n 10 of the Act, from time to time to cancel or modify any order, approval, license, rule or regulation issu.ed under Title I of the said Act and specifically, but without limitation, to the right of the President to ca . noel or modify his approval of any provisions of this Code or any conditions imposed by him in his approval thereof.

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107 SECTIOX 2 . Thi Code, except a to provi ions required by the Act, may be modified on the basi. of experience or changP in circum stances, such modifications to be based. upon application to the ~,. a tional Industrial Recovery Board and such notice and hearing as it shall specify, and to become ff ctive upon it. a proval. ABTI LE XI-REYIEW OF .\.cTs OF Com: ... \.l,TIIOmTIE If the X ational Industrial Reco"Very Board shall d.etennine that any action of the Code Authority or of any regional co e authority or any agency thereof may be unfair: or unjust or contrary to the public interest, the ... T ational Industrial Reco1""ery Boar l may require that such action be suspended to afford an opportunity for investi gation of the merit of such action and further con irleration by the Code Authority or of any regional code authority or agency pending final action which shall not be effective unless the ational Industrial Recovery Board approve or unle:--s it ~hall fail to dis approve after thirty days' notice to it of L-rttE:ntion to proceed with such action in its original or modifiecl form. ARTICLE XII-EFI'ECTIYE DATE T his Code shall become effective on the beginning of the thirtieth (80th) day after its approv3,.l by the Presjden t. Approved Code No. 530 . Registry No. 1003-05. 0

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