Citation
Code of fair competition for the trucking industry as approved on February 10, 1934 by President Roosevelt

Material Information

Title:
Code of fair competition for the trucking industry as approved on February 10, 1934 by President Roosevelt
Portion of title:
Trucking industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
p. 431-454 : ; 24 cm.

Subjects

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

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

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:
004938159 ( ALEPH )
649474024 ( OCLC )

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Full Text





Approved Code No. 278 Registry No. 1411-Si


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION
FOR THE

TRUCKING INDUSTRY


AS APPROVED ON FEBRUARY 10, 1934
BY

PRESIDENT ROOSEVELT


WE DO OUR PARr


01
* -- |. r I




1. Executive Order
2. Letter of Transmittal
3. Code





UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934


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


Approved Code No. 278


Registry No. 1411-61


























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
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Cleveland, Ohio: Chamber of Commerce.
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San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.









Approved Code No. 278


CODE OF FAIR COMPETITION
FOR THE
TRUCKING INDUSTRY

As Approved on February 10, 1934
BY
PRESIDENT ROOSEVELT


EXECUTIVE ORDER

CODE OF FAIR COMPETITION FOR THE TRUCKING INDUSTRY
An application having been duly made, pursuiant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act. approved June 16, 19:,3, for my approval of a Code
of Fair Competition for the Trucking Industry, and hearings having
been held thereon, and the Administrator having rendered his report
containing an analysis of the said Code of Fair Competition, together
with his recommendations and filings with respect thereto, and the
Administrator having found that the said Code of Fair Competition
complies in all respects with the pertinent provisions of Title I of
said Act, and that the requirements of clauses (1) and (2) of sub-
section (a) of Section 3 of said Act have been met:
NOW, THEREFORE, I, Franklin D. Roosevelt, Preident. of the
United States, pursuant to the authority vested in me by Title I
of the National Industrial Recovery Act, approved June 16, 1933,
and otherwise, do approve the report and recommendations and adopt
the findings of the Administrator and do order that the said Code
of Fair Competition be and it i., hereby approved with the following
condition:
Vehicles owned and operated by enterprises engaged principally in
the warehousing of furniture and household goods which are included
within the terms of paragraph (1) of Subsection A of Section 1 of
Article II of said Code of Fair Competition for the Trucking In-
dustry shall be registered, in such form and manner and within such
period as the Administrator may determine, with the Code Com-
mittee which has proposed a Code of Fair Competition for the House-
hold Goods Storage and Moving Trade, and, if such a Code is ap-
p1roved, then, thereafter with the Code Authority established under
said Code.
FRANKLIN D. ROOSEVELT.
Approval recommended:
HUGH S. JOHNSON,
Adm inistrator.
THE WHITE HOUSE,
February 10, 1934.


30356--- 376--47-34


(431)













LETTER OF TRANSMITTAL


The PUsI-IDNT,
The White House.
SIR: This is a report of the hl.aring on the Code of Fair Com-
petition for the Trucking Industry of the United States, held in
W lsington on the 16th and 17th of November 1933, in accordance
with the provisions of the National Industrial Recovery Act.

PROVISIONS OF THE CODE AS TO HOURS, WAGES, AND GENERAL LABOR
CONDITIONS
This Code provides for Industrial Relations Boards consisting of
equal representation of employers and employees to deal with com-
pli~care and with lhi:br disputes. Powers are granted to this body
to develop the ir -:ary agencies in areas and divisions in the
Industry.
iMxiiiiiiiii hours for employees are e.tablis lied as follows: Clerical
employees-forty (40) hours per week; for other employees, includ-
ing dri\.r., mechanics, and helpers-a basic week of forty-eight (48)
hours. Overtime beyond eight (8) ho~iur a day is provided for gen-
eral employees and beyond forty-eight (48) hours a week for drivers
and helpers. Provision is further made whereby seasonal tolerance
may be po -initted in cases of stasomal and emergency demand.
Area and divisional agreements may be made to improve the con-
ditions of employment, and it is provided that Trade Agriemiints
among employers shall not impair the rights granted employees
in Se.-t ionl 7 (a) of the Act, nor shall these tUr'itns tend to set miaxininll
as well as minimum iwages.
Minimum wv;ge rates are set forth: (1) for unskilled labor rang-
ing from twenty-five (250) cents to forty (400) per hour; (2) for
drivers and skilled labor ranging from thirty (30.) cents to fifty-
five (551) cents per hour; and (3) for office employees ranging from
fourt,.-ii ($14.00) dollars to fifteen ($15.00) dollars per week. Wage
adjustments are required to be made so that employees whose hIIurs
are reduced by fifteen (15%) percent luffr r no wage reduction in
full time earnings, but those whose hours are reduced more than
fifiet'n (15%) pl.rcelnt will have their wages adjusted equitably.
Provision is made for wages of learners and handicapped persons.
Minors under eighteen (18) years of age are prohibitedl from
employment at hazardous occupations and no person under sixteen
(16) years of age is permitted to be employed in the Indiutry.
In addition to providing for Section 7 (a) of the Act, protection
is given to labor againstt reclassification. More favorable labor con-
ditions set by State law, governlmenmtal authorities, or by labor con-
tract are lprotected in the Code.
InnIIa- uch as the Trucking Code deals with a transportation serv-
ice and not with a general industrial activity, it is con-idiered that
(432)








433


the wage and hour provisions are all that can be reasonably applied
to the Trucking Industry at this time. As a step towards adopting a
shorter work day and week, and improving the rates of pay and
terms and conditions of employment, the Industry is required to
collect data and report findings and recommendations to the Admin-
istrator not later than August 1, 1934.

ECONOMIC EFFECT OF THE CODE

During the past decade the tran portation of property over the
public highways s as assumed significant proportions. Today it con-
stitutes an integral part of the transportation system of the country.
The Code of Fair Competition for the Trucking Industry relates to
this portion of the transportation system. By reason of special cir-
cunstances, however, certain highway transportation operations have
been exempted from the provisions of this Code. Having taken
these exemptions into account, the trucking operations which remain
subject to the provisions of the Code are conservatively estiiiated to
utilize about 750,000 vehicles and to give employment to approxi-
mately 1,200,000 workers.
Under the Code as recommended, it is estimated that the Trucking
Industry will give employment to approximately 300,000 additional
wage earners. representing an increase of about 25% over the employ-
ment prevailing prior to the inauguration of the National Industrial
Recovery program. This reemployment, it is estimated, will in-
crease the annual pay roll of the codified Industry by about $200,-
000,000, or about 27%.
In contrast with other major forms of transportation, the Truck-
ing Industry is typically a small unit, owner-operated and flexible
type of transportation activity. The natural operation of these
factors has produced a disorganized condition within the Industry,
resulting in unstable competitive conditions. Not only has this sit-
uation tended to produce destructive competitive conditions within
the Industry, but the influences have extended substantially beyond
the Industry itself and have created particularly complex problems
with relation to the coordination and regulation of various trans-
portation agencies. To date no complete and accurate data have been
available to serve as a basis for the solution of these complex
problems.
The-Industry anticipates that the effective operation of the pro-
visions of this Code will tend not only to stabilize the employment
and operating conditions within the Industry but will provide data
which are essential to the satisfactory solution of the complex prob-
lems created by the rapid and extensive growth of highway trans-
portation.
FINDINGS

The Administrator finds that:
(a) The Code as recommended complies in all respects with the
pertinent provisions of Title I of the Act, including, without limita-
tion, subsection (a) of Section 7, and subsection (b) of Section 10
thereof; and that








434


(b) The applicant group imposes no inequitable r-t rictions on
admission to membership th,.rcin, and is truly repri-enitative of the
Trucking Industry; and that
(c) The Code as rii',,iintll ded is not designed to promote monopo-
lies or to eliminate or oppress small enterprises and will not operate
to discriminate against them, and will tend to effectuate the policy
of Title I of the National Industrial Recovery Act.
Fr'ii,, evidence adduced during this hearing and from recommenda-
tions and reports of the various Advisory Boards, it is believed that
this Code as now proposed and revised is satisfactory to this Indus-
try, labor, the public, and this Administration. It is recommended,
therefore, that this Code, as herewith iiubioitted, be approved.
Re-pect' fully,
HUGH S. JOJINSO',
FEBRUAR 10in934.o.
FEBRUARY 10, 1934.














CODE OF FAIR COMPETITION FOR THE TRUCKING
INDUSTRY

ARTICLE I-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 Trucking Industry and shall be the
standard of fair competition for that Indusitry and shall be binding
upon every member thereof.

ARTICLE II-DEFINITIONS

1. The term Industry as used herein miean, the transportation
of property and all services ordinarily incidental thereto in connec-
tion with any trade, industry, or business to the extent that -isuch
transportaIttion is over publicly used roadways by:
A. Vehicles for hire, with the following exceptions:
(1) Vehicles used principally for the transportation of used house-
hold goods, used office furniture, and used office equipment shall be
exempted, except as otherwise in this Article provided, from all pro-
visions of this Code, pending a public hearing and determination by
the Administrator on a date to be ,et by him prior to June 15 19J34.1
(2) The aforesaid exemptions provided in this Article shall apply
to vehicles engaged in transportation of used hoiueholdh goods, used
office furniture, and used office equipment, even though they may
occasionally transport other goods, if the revenue derived from such
occasional transportation shall not exceed ten (10).) percent of the
total revenue derived through such vehicles; and provided that any
such vehicles, when engaged in such occasional transportation:
(a) shall not be operated in violation of the provisions of this Code
dealing with wages and hours, (b) that the. rate charged for all such
occasional transportation shall be not less than the lowest rate on
file with the appropriate Code Authority of the Trucking Industry
for similar services in the particular locality, and (c) that Article
IX, Section 1, of the Trucking Code dealing with freight bills, ship-
ping orders, and bills of lading shall be conformed to.
(3) At the hearing provided for above, evidence shall be pre-
sented to the Administrator, and he shall thereafter make a deter-
mination in respect to the modification or extension in whole or in
part. of such exemption provided for in this Article. Said deter-
mination by the Administrator shall become effective as a part of
this Code.
(4) Pending the determination by the Administrator as provided
for above, anyone claiming exemption within the terms of this Arti-
'See paragraph 2 of order approving this Code.
(435)







436


cle hereof shall regi-ter, in such form and manner as the Adminis-
trator may determine, either with the Code Committee or the Code
Authority of the Household Goods Storit-, and Moving Trade or
with the appropriate Code Authority established dilrilr this Code.
Any operator claiming exemption under this Article shall file his
registration in triplicate accompanied by a certified statement sup-
purtilng his claim for exemption, one copy of the same shall be fur-
nished to the other r, 1 -t ration agency and the third copy shall be
furnished to the Administrator.
(5) The National Code Authority shall appoint two representa-
tives who, with two representatives similarly appolintr. by the Code
Aitli ity of any relat-idl trade or industry, shall have the power to
review and adjust all differe-','e; of the jurisdiction of this Code and
if they are unable to agree, the matter shall be referred to and
deter l-ined by the Administrator.
(6) The authorizedi representatives of the Code Authority of the
Household Goods Storage and Moving Trade shall have access to
the registration lists of this Industry, provided reciprocal authority
is granted to the Colk. Authority of this Industry to have access to
the r~gi-t ration lists of that Industry.
B. Vehicles not for hire except:
(1) To the extent that such transportation is subject to any other
Code of Fair Competition approved pursuant to Title I of the
National Industrial Recovery Act;
(2) Where a farmer is transporting his own property or produce
to primary markets or his own supplies on return, or cooperatively
transpiorting to or on return from primary mnirkr'ts, the property,
produce, or supplies for neigrhboring farmers for which he does not
receive compensation other than by the exchange of services; and
(3) The Tru,.kilng operations of bona fide farriers' cooperative
associations to the following extent. When bona fide farmers'
cooperative associations carrying on trucking operations in their
own vehicles at cost are engaged in transporting the property or
produce of such associations or of its f:airer eiiInnhers to primary
markets, or are lengagged in the return transportation of supplies
p1ur'rha.,ed by such associations or farmer members thereof, and are
not ,engaging in transporting for hire or serving the general public,
then such associations shall be exempt from all provisions of this
Code except: (a) the provisions of Article IV dealing with indus-
trial relations; (b) the provisions of Article V dealing with
maximum hours of laJr, minimum rates of pay and conditions of
employment; (c) the provisions of Article VI, Section 4, dealing
with registration; (d) the provisions of Article III, Section A,
Subsection (1) (b), dealing with reporting; and (e) the provisions
of Article III, Section I, Subsection (1) (i).
2. The term "employee" as used herein includes any person
eng.age11 in any phase of the Inldustry in any capacity however
coip-lliitel1 except a minmber of the Industry.
3. The term employer as used herein includes any employer
in the Industry.
4. The term "member of the Indiist-.y as used herein includes
any individual, partnership, corporation, or other form of enterprise
that is engaged in the Industry as an employer, and any person en-








437


gaged in the Industry who drives a vehicle on his own behalf
whether or not. he employs anyone else in connection therewith, and
any person engaged in the Industtry who leases or sublhases a vehicle
to another or the use thereof as a part of a trucking service if he
retains responsibility for the employment of drivers or for the imain-
tenance and repair of the vehicle,,, whether or not he retains re-
sponsibility for the safety of the property transported, or receives
compensation for the transportation of such property.
5. The term for hire member as used herein means any In lm-
ber of the Industry who receives compensation or remulnieration di-
rectly or indirectly for the transportation of property (a) of others,
or (b) of his own property for sale or disposal when the principal
purpose or effect of such sale or disposal is to obtain revenue by suIch
transportation. It includes, but is not limited to any imenmber of
the Industry who leases or subleases any vehicle or the use thereof
to another as a part of a trucking service if he retains responsibility
for the employment of drivers or for the maiintenance and repair of
the vehicles, whether or not he retains responsibility for the safety
of the property transported, or receives compensation for its trans-
portation. Such trucking service shall include the transportation of
automobiles as merchandise operating under their own power.
6. The term "not for hire member" as used herein means any
member of the Industry not included in the definition of for hire
member."
7. The term vehicle as used herein includes any vehicle used
in the Industry, regardless of how propelled.
8. The term shipper as used herein shall include both consignor
and consignee.
9. The term State'" as used herein shall include the several
states of the United States and the District of Columbia.
10. The term Natural Division as used herein means a group-
ing of members of the Industry resulting by reason of the nature
of the service performed and recognized as such a Natural Division
by the National Code Authority because of Code problems peculiar
to such group.
11. The South shall include Virginia, North Carolina, South Car-
olina, Georgia, Florida, Tennessee, Kentucky, Alabama, Mississippi,
Arkansas, Louisiana, Oklahoma, Texas, New Mexico, and Arizona.
The remaining portion of the United States not included above shall
be referred to as the North.
12. Population for the purposes of this Code shall be determined
by reference to the 1930 Federal Census.
13. The terms "Act" and "Administrator as used herein mean
respectively, Title I of the National Industrial Recovery Act and
the Administrator of Title I of said Act.
14. The term National Code Authority" as used herein means
the Code Authority having supervision over the Industry in the en-
tire United States, as hereinafter provided.
15. The term Regional Code Authority" as used herein means
the Code Authority having supervision over interstate operations
between two (2) or more states, as hereinafter provided.
393G0--376--47-34-2








438


16. The term State Code Auithority" as used herein means the
Code Authority having supervision over one area in a reIgion, as
hereinafter provided.
17. The term Divisional Code Authority as used hllrviin means
the Code Authority having supervision over a natural or area
division of (1. Industry within a state area, as hereinafter provided.
18. The term "Trade Agrct.iirlnt as used herein includes trade
pr i,-i e agreements and agreements formulated by nIl.-m!!llle of the
Industry tending to liberalize labor conditions as contained in the
Code, which agreements have been formulated by members of the
Industry under the provisions of this Code and in accordance with
rules and re.i.ulations with respect thereto mna1de by the National
Code Authority.
ARTICLE III-CODE ADM I N I-'I .\TION
A. CODE AUTHORITIES

To further effectuate the policies of the Act, the following agencies
of the Industry are hereby created to cooperate with the Adminis-
trator in the administration of the provisions of this Code: (1) Na-
tional Code Authority; (2) Regional Code Authorities; (3) State
Code Authorities; and, in addition, (4) such Divisional Code Au-
thorities as may be created. The Administrator may appoint on each
or any Code Authority, three nonvoting members. When appointed,
such members shall receive all notices and be entit!l-d to sit at all
n.icetings of the Code Authority on which appointed.
(1) NATIONAL CODE AUTHORITY

Organization.-The National Code Authority shall consist of one
(1) member from each region as hereinafter provided. The voting
r~nmlber., of the National Code Authority shall be elected by the
imii:nibers of the Regional Code Authorities. In such election all
Regional Code Authorities shall be entitled to an equal number
of votes.
Powers and Duties.-The National Code Authority shall be
charged with the general administration of the Code and shall have
power to appoint such agents, committees, and employees as it shall
deem nece-si ry to the proper administration of the Code and shall
have the following specific powers which it may, subject to review
by the Administrator, exercise through or delegate to any Regional,
State, or other Code Authority provided for in this Code.
(a) To adopt bylaws, rules, and regulations governing its pro-
cedure in the administration and enforcement of the Code, furnish-
ing to the Administrator such true copies thereof together with
minutes of niertings when held, and such other information as to its
activities as the Adminisitrator may deemii necessary to effect the
purposes of the Act.
(b) To require periodical reports from the members of the In-
dlstry and from the various Code Authorities, with respect to
revenues, expenses and other charges, wages, hours of labor, con-
ditions of employmvi-nt number of employees. and other matters
pertinent to the purposes of the administration of this Code. In







439


addition to the information required to be submitted to Code Au-
thorities, there shall be furnished to the government agencies such
statistical information as the Administrator may deem necessary
for the purposes recited in Section 3 (a) of the Act; provided that
nothing in this Code shall relieve any member of the Industry of
any existing obligations to furnish reports to any government
agency. Bona fide farmers' cooperative associations shall be re-
quired to report to Code Authorities only in such manner and form
and to give such information as may be provided for in rul,:s gov-
erning such reports, which rules shall be formulated by the National
Code Authority with the advice of a reprc-entative of such associa-
tions to be named by the Administrator, and with the approval of
the Administrator. The specific intent of this latter requirement
is to secure basic information relative to the character and volume
of trucking operations conducted by farmers' cooperative associa-
tions, such information to be secured at the least possible co-t. to
said associations.
All individual reports of members of the Industry shall be kept.
confidential and only general summaries thereof may be published.
(c) To recommend to the Administrator within ninety (90) days
after the approval of the Code, systems of uniform accounting and
reports, which upon his approval, and subject to such notice and hear-,
ing as he may prescribe, shall be used in carrying out the provisions
of this Code.
(d) To make studies of the advisability of requiring evidence of
responsibility or insurance with reference to public liability for
injury to persons or property and with reference to security of
property transported by members of the Industry, and to report and
recommend thereon to the Administrator within six (6) months after
the effective date of this Code.
(e) Subject to the rules and regulations prescribed by the Admin-
istrator, to receive complaints of violations of this Code, to make
investigations thereof, and to adjust such complaints or bring to the
attention of the Administrator any information relative to viola-
tions with recommendation with respect thereto.
(f) To function through such trade associations and other agencies
as it deems proper and through the Regional, State, and Divisional
Code Authorities for carrying out any of its activities provided
herein and to pay such Code Authorities, trade associations, and
agencies the cost thereof, provided that nothing herein shall relieve
the National Code Authority of its duties or responsibilities under
this Code, and provided further that such subordinate Code Authori-
ties, trade associations, and agencies shall at all times be subject to
and comply with the rules, regulations, and restrictions laid down for
them by the National Code Authority and the provisions of this
Code and of the Act.
(g) To coordinate the administration of this Code with such other
Codes, if any, as may be related to the Industry, or any subdivision
thereof, and to delegate to any other administrative authority, with
the approval of the Administrator, such powers as will promote
joint and harmonious action upon matters of common interest.
(h) To secure from the members of the Industry, an equitable and
proportionate payment of the expenses of establishing this Code







440


and of maintaining the various Code Authorities and agencies there-
under. The approval of the Administrator shall be necessary before
any assessment is made against those who are specifically exempted
from any part of this Code.
(i) To cooperate with the Administrator in regulating the use of
any N.R.A. insignia solely by those memljbers of the Industry who
have assented to and are complying with this Code.
(j) To initiate, consider, and make recommendations for the modi-
fication or amendment of this Code, which, upon approval by the
Administrator after such notice and hearing as he shall prescribe,
shall become a part hereof.
(k) To make rules and regulations governing the procedure of
Regional, State, and Divisional Code Authorities and any other
ag,'iir.ie enlgagled in carrying out the provisions of this Code and to
make such other rules and regulations as may be necessary to carry
out the provisions of this Code.
(1) To de.ignli;t, Natural Divisions of the Industry and prescribe
rules and regulations for presentation of information ner-sary in
determining such divisions. If directed by the Administrator the
National Code Authority shall without delay designate such divi-
sions as the .Ailmini-trator shall direct.
(m) To de.-igi te the States to be included in the separate Regions
hereinafter provided for.
(n) To prescribe rules and regulatiolns for the registration of
members of the Indnl-try as hereinafter provided.
(o) To establish ad(inistitra tive rules governing the filing of min-
ima for rates and tariffs, the formulation of trade agreements and
the procedure for appeal from the action of subordinate Code
Authorities.
(p) To do such other things and to perform such other duties and
exercise such other powers as may hereinafter be delegated to the
National Code Authority.
(2) REGIONAL CODE AUTHORITY
Org,,,;: n tion.-For the purpose of administering the Code, the
National Code Authority shall divide the United States into regions
consisting of three or more states. For each of the regions there
shall be set up a Regional Code Authority which shall be elected
by the various State Code Authorities coming within the Region.
The Regional Code Authority shall be composed of one member
from each State within the Region. In case of an even number of
States in any Region, an additional member at large shall be elected
by the State Code Authorities within the Region.
Powers and Duties.-The Regional Code Authority shall have
jurisdiction over interstate matters within its Region and concurrent
jurisdiction as defined in Article VIII of this Code with other Re-
gions involved on inter-regional matters. It shall have the power
to employ or appoint such committees, agents, and employees as may
be Ineccs iary to carry out its functions and to cooperate with other
Regional Code Authorities in inter-regional matters.
(a) It shall, with other Regional Code Authorities, elect the
National Code Authority pursuant to rules prescribed by the
National Code Authority.







441


(b) It shall accept. a member with full participation in the pro-
ceedings, designated by the interstate operators of any one organized
natural division, when deliberating on matters peculiar to the
interstate operations of that part( claLr division.
(c) It shall have power to hold hearings. on trade agreements
presented by members of the Industry subject to the provisions of
Article VIII of this Code and to cooperate with the Adlminlistrator
in the enforcement of the same.
(d) It shall collect and maintain full statistical and other in-
formative data respecting the operations of the Industry within
its jurisdiction and shall forward to the National Code Authority
such information therefrom as may be required by the National
Code Authority or by the Administrator.
(e) It shall perform such other functions as may be delegated
to it by the National Code Authority.
(3) STATE CODE AUTHORITY
The National Code Authority shall divide each Region into areas,
each of which shall have a separate Code Authority for such area,
referred to as a. State Code Authority."
Organhation,.-Each State Code Authority shall consist of four
(4) members elected in the following manner by the registered
members of the Industry assenting to the Code within the area.
Within sixty (60) days after the effective date of this Code there
shall be held an election by those members of the Industry who have
registered within thirty (30) days after the effective date of this
Code. The State Code Authority set up at the first election held
shall be constituted as follows: Two (2) members shall be elected
to serve for a term of two (2) years each, or until their successors
have been elected and qualified, one (1) on the basis of votes cast
by registered members voting as firms and one (1) on the basis of
votes cast by registered members voting according to vehicles
registered under this Code; the remaining two (2) members shall
be elected for a term of one (1) year each, or until their successors
have been elected and qualified, on the same basis as prescribed for
the members serving two (2) years each. Annually thereafter, two (2)
members shall be elected by the registered members of the Industry
on the same basis of representation as prescribed above for the first
election, to serve for terms of two (2) years eacl, or until their
successors have been elected and qualified. Any State Code
Authority with the permission of the National Code Authority aity
be composed of six (6) instead of four (4) members, the additional
two (2) members to be elected in the sanie manner and on the same
basis of representation as provided above.
In case of an even vote in a State Code Authority, the Adminis-
trator may appoint an impartial member from the members of the
Industry to vote with the duly elected members of the State Code
Autthority.
Powers and Duties.-Each State Code Authority shall have pri-
mary jurisdiction within its area, except as to such matters falling
within the scope of Divisional Code Authorities constituted within
such area, and shall have jurisdiction in such matters if they affect








442


more than one Division of the Industry within the area. It shall
have power to employ .siicl cho'inlhtti.,s, agentL, and employees as
may be necessary to carry out its functions.
(a) It shall have power to hear application for setting up Divi-
sional Code Authorities for established natural divi-ions within the
State, and, after hearing, shall report the results of such hearing to
the Alijiiii.itratjir, through the Natioinal Code Authority, together
with its rec(iiiniiiintlion for approval or disapproval of the appli-
cation. When de.-iring to establish or change the area of a Divi-
sional Code Authority for a subordinate area within the State, the
State Code Authority shall make application to the Administrator
for the approval or disapproval of the establishment of or change in
the area of such Divisional Code Authority. In making such appli-
cation, the State Code Authority shall furnish full data relative to
the area to be included in the scope of jurisdiction proposed for the
Divisional Code Authority. It shall have power to hear applications
for the discontinuance of or change in the scope of Divisional Code
Authorities within its area when application for such discontinu-
ance or change is made by a duly constituted Divisional Code Au-
thority and shall submit such application to the Administrator for
approval. It shall also have power to make reconliemlndatio(ns to the
Administrator for the discontinuance of any inactive Divisional
Code Authority within its area on approval by the National Code
Authority. All applications and reLontl11 _I i nations shall be submitted
to the Administrator through the National Code Authority.
(b) It shall maintain a record of all schedules of minima for
rates and tariffs filed by members of the Industry and a record of
all trade agreniints formulated by members of the Indiistry in
its area and with the aid of the Divisional Code Authority shall
cooperate with the Administrator in the enforcement of the same.
(c) It shall have power to hold hearings on trade agreements
presented by Iviiblle r of the Industry, subject to the provisions of
Article VIII, and to cooperate with the Administrator in the enforce-
ment of the same.
(d) The State Code Authority shall have power to hold hearings
on trade agreements proposed by Divisional Code Authorities under
the prot'.dure set up in Article VIII and shall have power to
formulate trade agreements for established area or natural divi-
sions of the Industry when such trade agreements have not been
proposed by Divisional Code Authorities and to present, such trade
agreiemenlits to the Administrator for approval or disapproval.
(e) When deliberating on matters affecting only one established
Natural Division of the Industry, the Natural Divisional Code
Authority holding primary jurisdiction over the matter shall be
invited to appoint one of its members for full participation in the
pro"' ed ings.
(f) It shall collect and maintain full statistical and other informa-
tive data relspecticng the character and volume of the operation of
the Industry within the State and shall forward to the National
Code Authority such information therefrom as may be requested by
the National Code Authority or by the Administrator.
(g) It shall cooperate with Divisional Code Authorities within
its area to s-ecure the enforcement of this Code.








443


(h) It shall, in convention with other State Code Authorities
within its Region, elect the Regional Code Authority for such
Region.
(i) It shall have such other functions as may be delegated to it
by the National Code Authority.
(.4) DL IM.IONAL CODE AUTuORITIES
A divisional Code Authority may be set up within any State in
the manner pre.-cribed below for either of the two following pur-
poses: (a) to exercise primary jurisdiction over matters peculiar
to any natural division of the Industry within the scope approved
for its establishment; (b) to exercise primary jurisdiction over any
area division within the State in matters not subject to an established
Code Authority for a natural division.

(A NATURAL DIVISION OF INDUSTRY
Organi;zation.-Any group of members of the Industry qualified"
as a natural division of the Industry under the definitions formu-
lated by the National Cude Authority with the approval of the Ad-
ministrator, may file application with the State Code Authority for
permission to establish a Divisional Code Authority for such natural
division of the Industry. If, after hearing on such application and
review by the Administrator as provided in Article III, Section
A, Subsection (1) (1), the Administrator grants the application for
establishment, of a Divisional Code Authority, it shall exercise
primary jurisdiction over matters specifically stated in the per-
mission granted for its establishment.
Such divisional Code Authority shall be comprised of four (4)
voting members elected by the registered members of the Industry
within its jurisdiction in the same manner and on the same basis of
representation as provided for in the election of State Code
Authorities.
Powers and Duties.-Each Divisional Code Authority shall have
power to employ such committees, agents, and employees and per-
form such other functions as may be necessary to carry out the
powers and duties granted in the permission for its establishment.
In case of an even vote in a Divisional Code Authority the Ad-
ministrator may appoint an impartial member from the members
of the Industry to vote with the duly elected members of such
Divisional Code Authority. In addition:
(1) it shall receive schedules of minima for rates and tariffs pre-
sented by individual members of the Industry in the natural division
and shall forward such schedules to the State Code Authority for
filing as provided in Article VII of this Code;
(2) it shall facilitate the formulation of trade agreements among
members falling within its jurisdiction and shall present the same
to the State Code Authority for hearing as provided in Article VIII
of this Code;
(3) it may appoint one of its members to sit with the State Code
Authority when invited to do so;
(4) it shall cooperate with the State Code Authority and with
the Administrator in the administration of this Code;








444


(5) It shall have power to appeal to the Administrator, through
the National Code Authority, from decisions of the State or Regional
Code Authorities;
(6) it shall collect and furnish to the State Code Authority such
statistical and other informative data as may be required by the
State Code Authority respecting the operations of the members of
the Industry within its juri-diction.

(B) AREA DIVISIONS OF STATE

Organization.-The State Code Authority may set up, subject to
the approval of the Administrator as provided in Article III, Section
A, Sub-eotinn (1) (1), Divisional Code Authorities to exercise,
within a prescribed area in the State, primary jurisdiction over the
operations of the members of the Industry not subject to an estab-
lished Code Authority for a natural division of the Industry. Its
membership shall be chosen by members of the Industry within its
area in the same manner as provided for a Code Authority of a
natural division of the Industry.
Powers and Du i s.-It shall have powers and duties with respect
to the members of the Industry within its scope, similar to those
possessed by a Code Authority for a natural division as set forth
above.
B. GENERAL ADMINISTRATIVE PROVISIONS
1. If the Administrator shall determine that any action of a Code
Authority or any agency thereof is unfair or unjust, or contrary to
the public interest, the Administrator may require that such action
be suspended for a period of not to exceed thirty (30) days to afford
an opportunity for investigation of the merits of such action and
further consideration by such Code Authority or agency pending
final action, which shall be subject to the approval of the Adminis-
trator. The rules and regulations of any Code Authority or other
administrative agency under this Code shall be subject to the
approval of the Administrator.
2. Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of any Code Authority shall
(a) impose no inequitable restriction on membership, and (b) submit
to the Administrator true copies of its articles of association, by-
laws, regulations, and any amnenlmdnents when made thereto, together
with such other information as to member-lhip, organization, and
activities as the Administrator may deem necessary to effectuate the
purposes of the Act.
3. In order that the several Code Authorities shall at all times be
truly repr'eientative of the Industry and in other re-pects comply with
the provisions of the Act, the Administrator may provide such hear-
ings as he may deem proper; and thereafter if he shall find that any
Code Authority is not truly representative or does not in other re-
spects comply with the provisions of the Act, may require an appro-
priate modification in the method of selection of such Code Authority.
4. Members of the Industry shall be entitled to participate in and
share the benefits of the activities of the various code authorities and
to participate in the selection of the members thereof by assenting







445


to and complying with the requirements of this Code and sustaining
their reasonable share of the expense of its administration. Such
reasonable share of the expense of administration shall be determined
by the National Code Authority, subject, to review by the Adminis-
trator, on the basis of such factors a,, may be deemed equitable.
5. Nothing contained in this Code shall constitute the iciiilbers of
a Code Authority partners for any purplse. Nor shall any ilemlber
of a Code Autlhority be liable in any manner to anyone for any act
of any other nlmember, officer, agent, or employee of a Code Authority.
Nor shall any member of a Code Authority exercising rc:ealnable
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
willful misfeasance or nonfeasance.
0. TEMPORARY ORGANIZATIONS
Pending the election of the members of the National Code Au-
thority, as hereinabove provided, the voting int-mbers shall be tem-
porarily appointed as follows: Seven (7) shall be chosen by the
Board of Trustees of the American Truicking A -oc:ation, Inc., and
two (2) shall be selected in a manner approved by the Administra:tor.
Such National Code Authority shall divide the United Stalt'-. into
regions consisting of three (3) or more states, deignate areas for
State Code Authority jurisdiction and shall appoint, subject to the
approval of the Administrator, temporary members of the Rer.,inal,
State, and Divisional Code Authorities. Temporary members of all
Code Authorities shall continue in office until their suc,.-cs-ors are
duly elected and qualified.

ARTICLE IV-INDUSTRIAL RELATIONS BO.XRDS

There shall be established a National Industrial Relations Board
for the Industry, consisting of three (3) representatives of nmemllbers
of the Industry and three (3) representatives of employees of mem-
bers of the Industry. This Board shall have the power to deal with
alleged violations and non-observance of the labor provisions of this
Code and disputes between employers and employees; to provide, sub-
ject to the approval of the Adnministrator, rules for the selection of
its own members and those of local Boards, and rules and regulations
for procedure and conduct of these Boards; to establish Regional,
State, and Divisional Boards similarly constituted; and to provide
for the selection of the members of these Boards; and it shall also
advise and cool)erate with the National Code Authority and the Ad-
ministrator on all matters of industrial relations.
Until such time as an election for members of the National Indus-
trial Relations Board is conducted as above provided and representa-
tives so chosen assume membership on such Board, the employee
representatives shall be appointed by the Administrator from a
panel of nominees submitted by the Labor Advisory Board of the
N.R.A. The representatives of members of the Industry shall be
appointed by the National Code Authority. Those Industrial Rela-
tions Boards may select an impartial chairman to reach a majority
agreement.







446


In the selvction and functioning of the National Industrial Rela-
tions Board or any Industrial Relations Board established under
rules made by it, the employees shall enjoy the protection extended
to them under Section 7 (a) of the Act.
ARTICLE V-HOURS AND WAGES
A. HOURS

1. No employee in clerical or office work except rate clerks and dis-
patchers shall be permitted to work in excess of forty (40) hours in
any one week, nor more than six (6) days in any seven (7) day
period.
2. No other employees except those driving vehicles and their
helper or helpers on the vehicle shall be permitted to work in ex-
cess of forty-eight (48) hours per week, averaged over a period of
three (3) w\ecki, with a maximum of fifty-four (54) hours in any one
week, nor more than twelve (12) days out of fourteen (14) days,
provided, however, that they shall be paid at the rate of one and
one third (11/3) their normal rate for all hours worked in excess of
eight (8) hours in any one day or forty-eight (48) hours in any one
week.
3. No person driving a vehicle or his helper or helpers on the
vehicle shall be permitted to work in exct:-.s of one hundred eight
(108) hours in any consecutive two (2) week period, nor more than
one hundred ninety-two (192) hours in any consecutive four (4) week
period, nor more than twelve (12) days in any fourteen (14) day
period; except as herein otherwise provided, and they shall be paid
at the rate of one and one-third (11/) their normal rate for all hours
worked in excess of forty-eight (48) hours in any one week, except
in cases of emergency demand falling under Section 5 hereof.
4. It shall be the duty of the National Code Authority, in coopera-
tion with the National Industrial Relations Board, to investigate,
collect data and report findings and recommendations to the Admin-
istrator as soon as possible, but not later than August 1, 1934, with
respect to achieving and providing a normal eight (8) hour day for
all employees, with equitable overtime rates of pay for time worked
beyond such normal eight (8) hour day and for the purpose of gen-
erally determining the feasibility and desirability of adoption of a
shorter working day and week and improvement of the rates of pay
and terms and conditions of employment for employees in the Indus-
try over those provided under this Code.
5. When seasonal demands arise involving movements of perih-
able goods or seasonal crops, or in case of emergency (dlmanrdl, an
employee may, with the approval in advance of the appropriate State
or Regional Code Authority and the Administrator, be permitted to
work an additional twelve (12) hours in any two (2) week period
beyond one hundred and eight (108) hours, which additional hours
need not be averaged out within the consecutive four (4) week
period. The total period for which seasonal or emergency demand
may be considered to exist is to be limited to three (3) con-.ecutive
months for any type of haulage in any area or for an individual
employee, except that the overtime provision in Section 3 may be








447


stayed by the Administrator for a longer period than three (3)
months for those operations where State laws re-itricting to,niage
create an emergency lasting for a longer period.
6. Any natural or territorial group or memnihc, of tihe Indu, ry, in
accordance \witli the procedure established for making group trade
agreements as lprovidce in Article VIII hereof, or groups of repre-
sentative e years and representative Iplys an rntatmiv eployees tlhroulgh collective
agreements arrived at Iby bona fide collective bargaiinig may, with
the approval of the Admlinistrator after such notice and hearing as
lie may prescribe, establish maximum hours and minimum w\vaies
applicable to employees in any such division or area and shall be
binding on all members of the Industry in such divi.-ion or area,
provided, however, that any .s.uch maximum hours so established shall
in no event, exceed the maximum hours fixed in this Code nor mini-
mum wages be less than the minimum wages established in this
Code. No trade agreement shall be approved pursuant to this sec-
tion which tends to set a maximum as well as a minimum wage, or
in any way to impair rights guaranteed to employees under Section
7 (a) of the Act.
7. The manximlum hours provided above shall not. apply to employ-
ees engaged in a managerial or executive capacity who receive thirty-
five ($35.0)) dollars per week or more in the North, or thirty ($30.00)
dollars or morie in the South, or solicitors performing no manual
work, or station managers, where such employees are intermittently
employed.
Persons engaged solely as watchmen shall not be permitted to work
in excess of fifty-six (5i) hours in any one week nor more than six
(6) days in any seven (7) day period.
8. All time spent by any employee on or in any vehicle shall be
considered time worked. regardless of whether such employee is
engaged in driving or in the performance of other labor, unless
such employee is a relief employee off duty engaged on a vehicle
equipped with a sleeping compartment. A committee constituted in
like manner as the National Industrial Relations Board shall, within
ninety (90) days after the effective date of this Code, submit defi-
nitions and regulations governing "off duty" and governing the
practice known as "dead-heading", to be effective when approved
by the Administrator.
9. No employer shall knowingly engage any employee already
employed by another for any time which, when totaled with the hours
of any other employment, exceeds the maximum weeldy hours per-
mitted herein.
B. WAGES

1. Drivers and skilled labor in the North shall be paid not less
than at. the rate of (a) fifty-five (55) cents an hour in cities of 2,000,-
000 population or over, or in the immediate trade area thereof; (b)
forty-five (45) cents an hour in any city of between 200,000 and
2.000,000 population, or in the immediate trade area thereof; (c)
forty (40) cents an hour in cities of between 15,000 and 200,000 popu-
lation, or in the immediate trade area thereof; and (id) thirty-:'.ev"en
and one half (371 .) cents an hour in towns or places of less than
15,000 population. In the South, drivers and skilled labor sliall be








448


paid not less than at the rate of (a) thirty-five (35) cents an hour
in cities of 200,000 population or over, or in the immediate trade
area thereof; (b) thirty-two and one half (3212) cents an hour in
cities of between 15,000 and 200,000 population, or in the immediate
tide area thereof; and (c) thirty (30) cents an hour in towns or
places of less than 15,000 population.
2. The minimum for unskilled employees in the North shall be
at the rate of not less than (a) forty (40) cents an hour in cities
of 200,000 population and over, or in the immediate trade area
thereof; (b) thirty-seven and one half (371/2) cents an hour in cities
of 15,000 to 200,000 population, or in the immediate trade area
thereof; and (c) thirty-five (35) cents an hour in towns or places of
less than 15,000 population and in the South, (a) thirty (30) cents
an hour in cities of 200,000 population and over, or in the immediate
trade area thereof; (b) twenty-eight (28) cents an hour in cities of
15,000 to 200,000 population, or in the immediate trade area thereof;
(c) twenty-five (25) cents in towns or places of less than 15,000
population; except that in the States of Alabama, Florida, Georgia,
MIi-i--ippi, and South Carolina, the minimum rate shall be not less
than twenty-five (25) cents.
3. Helpers to drivers and helpers to skilled employees, which
helpers are principally engaged in such skilled operations, .hall be
paid at not less than the rates specified in Section 1.
4. No office employees shall be paid less than at the rate of (a)
$15.00 per week in any city of 500,000 population or over, or in the
immediate trade area thereof; (b) $14.50 per week in any city
bet ween 250,000 and 500,000 population, or in the immediate trade
area thereof; (c) $14.00 per week in cities or places of less than
250,000 population.
5. This Section establishes a minimum rate of pay which shall
apply irrespective of whether an employee is actually compensated
on a time-rate, piece-work, mileage, or other basis..
6. No employee whose normal full-time weekly hours for the week
ending June 17, 1933, are reduced by less than fifteen (15) percent
shall have his full-time weekly earnings reduced. Any employee
whose said full-time weekly hours are reduced by fifty (50) percent
or more shall not have his said earnings reduced by more than
twenty-five (25) percent. All other employees whose hours are re-
duced in excess of the said fifteen (15) percent shall have their
earnings adjusted proportionately. The principle of this paragraph
shall apply by class of worker to all other employees whose hours
have been reduced.
7. No provision of this Section shall modify established practices
or privileges as to vacation periods, leaves of ab.euce, or temporary
absence from work heretofore granted to employees.
8. Persons learning an occupation shall be paid not less than
eighty (80) percent of the minimum wage which prevails in such
occupation, provided that the number of such learners shall not
exceed five (5) percent of the employees of any one employer and
that learners shall not be employed as such for a period in excess of
four (4) weeks, irrespective of whether they are employed by one or
more employers.







449


9. A person whose earning capacity is limited because of age or
physical or mental handicap may be employed on light work at a
wage below the m minimum establishled by this Co'de if the employer
obtains from the State Body designated by the Unite.d States De-
partmeint 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 with the appropriate Code Authority, a list of
all such persons employed by him.
C. GENERAL LABOR PROVISIONS
1. No person under sixteen (16) years of age shall be employed in
the Industry. No person under eighteen (18) years of age shall be
employed at operations or occupations which are hazardous in nature
or dangerous to health. The National Code Authority shall submit
to the Administrator within thirty (30) days after the approval of
this Code, a list of such operations and occupations. In any State,
an employer shall be deemed to have complied with this provision as
to age if lie shall have on file a certificate or permit duly issued by
any agency in such State empowered to issue employment or age
certificates or permits showing that the emplloyee is of the required
age.
2. Employees shall have the right to organize and bargain col-
lectively, through representatives of their own choosing, and shall be
free from the interference, restraint, or coercion of employers of
labor, or their agents, in the 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 organization of his own choosing,
and employers shall comply with the maximum hours of labor, mini-
mum rates of pay, and other conditions of employment approved or
prescribed by the President of the United States.
3. No employer shall reclassify employees or duties of occupations
performed for the purpose of defeating the provisions of the Act or
of this Code.
4. Every employer shall provide for the safety and health of his
employees at the place and during the hours of their employment..
Standards for safety and health shall be submitted by the National
Code Authority to the Administrator within six (6) months after the
effective date of this Code.
5. No provision in this Code shall supersede any law within any
State which imposes more stringent requirements on employers as to
age of employees, wages, hours of work, or as to safety, health, or
sanitary conditions, or insurance, or fire protection, or general work-
ing conditions, than are imposed by this Code.
6. No provision in this Code shall supersede provisions as to hours,
wages, and conditions of employment which are established for
specific projects by competent governmental authority acting inl
accordance with law, or to terms of employment which are estab-
lished by labor agreements now in force, where either the wages are
higher or the hours of labor are shorter, or both, than are those set







450


forth in this Code, unless the employees require the termination of
such contracts and future labor agreements shall not lower conditions
of labor.
7. All employers shall post complete copies of this Code in con-
spicuous places accessible to employees.
8. An employer shall not make payment of wages due other than
in lawful (crr'ncy or by negotiable check therefor payable on
demand. These w;iges- shall be exempt from any payments for pen-
sions, insurance, or sick benefits other than those voluntarily paid by
the wage earners, or required by State law. Pay-periods for wages
shall be at lha-t at the end of every two weeks, and for salaries at
least at the end of every month. The employer or his agent shall
accept no rebates directly or indirectly, nor give anything of value
or extend favors to any person for the purl.-pose of influencing rates
of wa-ges or the working conditions of his employees.

ARTICLE VI-REGISTRATION

1. Every member of the Indii-try shall, within thirty (30) days
after the effective d;alt of this Code, or within ten (10) days after
becoming a member of the Industry, and annually thereafter, n'gis-
ter his name, number and type of vehicles operated and such other
information in such form, under such rules and regulations, and
with such agency as may be prescribed by the National Code Author-
ity with the approval of the Administrator or as may be required
by him.
2. Each member of the Industry, upon complying with the pro-
visions of Section 1 hereof, shall be issued an annual registration
c rti fi'.alte and registration insignia indicating such registration.
The cost of registering vehicles and furnishing insignia for the same
shall be assessed againi-t. the member registering.
3. After forty-five (45) days after the effective date of this Code,
it shall be a violation of this Code for any member of the Ilndutry
to operate any vehicle without such registration insignia promi-
nently displayed at all times upon the outside of the vehicle.
4. Each vehicle owned and operated by a farmers' cooperative as-
sociation shall be registered by the association with the appropriate
code authodity and such authority shall issue a modified type of in-
signia, which insignia shall be clearly distinguishable from that
carried by other classes of members of the Industry. The cost of
registering vehicles owned and operated by farmers' cooperative as-
sociations and the cost of furnishing modified insignia for the same
shall be assessed by the appropriate Code Authority against the
farmers' cooperative associations, subject to the approval of the
Administrator.

ARTICLE VII-RATES AND TARIFFS

1. Within forty-five (45) days after the effective late of this Code,
each for hire member of the Industry shall file with the appropriate
State or Regional Code Authority schedules of minima for rates
and tariffs covering his operations, subject to the right, however, to
file amendments or alterations thereto from time to time. No for








451


hire member of the Industry shall perform any service not covered
by a schedule filed by him nor charge, collect or demand less than
the minima provided in such schedules for the, service to Ie per-
formed without first having filed requisite alterations or niiendnlments
to provide for such reduction.
2. Rates and tariffs charged by each for hire member of the In-
dustry shall be sufficient to meet the cost. of the service to be per-
formed except such lesser rate as may be approved by the appro-
priate Code Authority permitting such for hire member to meet the
rates and tariffs of a competitor outside the Industry.
Costs shall be determined in accordance with a cos.t formula to be
established by the National Code Authority with the approval of
the Administrator as hereinafter provided. If the appropriate State
or Regional Code Authority shall find, after hearing, that a sched-
ule of minima for rates and tariffs filed by any for hire member of
the Industry provides rate or rates insufficient. to meet the cost of
the service to be performed, it may suspend such rate or rates and
shall require the filing of a schedule of minima for such rate or
rates sufficient, to cover the cost of such, service.
3. Cost formula for determination of rates and tariffs in the di-
visions or areas of the Industry, rules and regulations to make
effective the provisions of this Article, and rules and regulations to
govern hearings by State and Regional Code Authorities and to
govern appeals from the action of Divisional, State and Regional
Code Authorities shall be formulated by the National Code Author-
ity to be effective on approval by the Administrator. Additional
provisions for rates and tariffs may be submitted by the National
Code Authority to be effective on approval by the Administrator,
after due notice and hearing.

ARTICLE VIII-TRADE AGREEMENTS

Agreements respecting trade practices and agreements formulated
by members of the Industry tending to liberalize labor conditions,
provided that such agreements are not in violation of any of the
provisions of Articles IV and V hereof, may be formulated by mem-
bers of the Industry subject to rules and regulations with respect
thereto made by the National Code Authority with approval of the
Administrator.
When a trade agreement covering any one of the above subjects
is formulated it shall be submitted to the appropriate Regional or
State Code Authority, which Code Authority shall give notice to
all registered members of the Industry who might be affected by said
agreement, and after such notice shall hold a hearing thereon. The
notice shall be given and the hearing held according to rules and
regulations prescribed by the National Code Authority.
Trade agreements involving only members of the Industry falling
under the jurisdiction of Divisional or State Code Authorities shall
be submitted to the appropriate State Code Authority. Tradtl agree-
ments extending beyond the jurisdiction of a State Code Authority
shall be submitted to the appropriate Regional Code Authority and
if extending beyond the jurisdiction of one Regional Code Authority,
shall be presented to the Code Authority for one of the regions in-








452


volved and shall be dealt with by a joint committee of all the regional
code authorities within whose jurisdiction such group agreement is
effective. The Code Authority to which such trade agreement is
originally pre-t-ited shall give notice to all other regional code au-
thorities in order that such joint committee may be set up. In
dealing with such trade agreciieent, the joint committee of all the
regions involved shall be vested with the powers of the several re-
gi(onlal code authorities from which its members are appointed. The
proceedings of such inter-regional committee shall be conducted ac-
cording to rules and regulations prescribed by the National Code
Authority and each Regional Code Authority involved shall be
kept fully informed of the activities of the joint commiiittee.
If the appropriate Code Authority shall find after hearing that
the proposed agreement complies with the provisions of this Code
and that it is assented to by members of the Industry operating a
majority of the vehicles involved or carrying a major portion of the
t(innige involved, and that the members presenting the agreement
are truly representative of the members of the Industry bound
thereby, it shall submit the agreement through the National Code
Authority to the Administrator together with its recommendations
on the same, accompanied by evidence in support of its recommenda-
tions. If approved by the Administrator the provisions of such
trade agreement shall be binding upon all members of the Industry
falling within the jurisdiction of the Code Authority presenting the
a1"reetleln1t.
Each trade agreement submitted shall definitely set forth the
scope thereof by area and by operation, and shall designate therein
a c~clirinittee of three members of the Industry with power to consent
to any modification or change which the Administrator may require
in order that such agreement shall conform to the provisions of the
Act. Such committee shall act through the Code Authority to which
the agreement, was submitted and the National Code Authority, as
the occasion may require.

ARTICLE IX-TRADE PRACTICE RULES

Violation of any of the following Trade Practice Rules shall con-
stitute unfair practices under the provisions of this Code. Any
]meulber of the Industry who shall, directly or indirectly, through
any officer, employee, agent, or representative, use, employ, or permit
to be employed, any such unfair practices shall be guilty of a viola-
tion of the Code.
1. No member of the Industry shall transport property for hire
unless a freight bill, shipping order, bill of lading, or other written
memorandum shall be issued within forty-eight (48) hours of the
beginning of the transportation, and each member of the Industry
shall make a true copy of the original a part of his permanelint rec-
ords; provided that exceptions from this Section may be prescribed
or granted by the appropriate Code Authority, where in the judg-
ment of such Code Authority except ion is appropriate.
No member of the Industry shall transport property for hire un-
less the shipment is accompanied by a memorandum receipt showing
(a) the point of origin, (b) the name of the consigner, (c) the date,







453


(d) a general description of the shipment, (e) destination, and (f)
the name of the consignee, provided that exception from this Section
may be prescribed or granted by the appropriate Code Authority
where in the judgment of such Code Authority, exception is appro-
priate.
2. No member of the Industry shall secretly oller or make any
payment or allowance of a rebate, refund, ('(ill i.-lsionr, credit, un-
earned discount, or excess. allowance, whether in the form of money
or otherwise, for the purpose of influencing a shipmen't, nor shall a
member secretly extend to any shipper any :, pei'ial .rvice or privi-
lege not extended to all shippers under like terms and conditions.
3. No member of the Industry shall allow any shipper to bill
freight at less than its actual weiglit or to falsely describe any ship-
inent.
4. No member of the Industry shall in any way niisrepitlent any
service or use advertising (whether printed, radio, display, or of
any other nature) or other representation which is inaccurate in
any material particular.
5. No member of the Industry shall attvinpt to induce the breach
of an existing contract between a competitor and his employee or
customer; nor shall any such member interfere with or obstruct the
performance of such contractual duties or service.
6. No member of the Industry shall defame a competitor by
falsely imputing to him dishonorable conduct, inability to perform
contracts, questionable credit standing, or by other false repre-
sentations.
7. No member of the Industry shall publish or circularize unjusti-
fied or unwarranted threats of legal proceedings which tend to or
have the effect of harassing competitors or intimidating their
customers.
8. No member of the Industry shall give, permit to be given, or
directly offer to give, anything of value for the purpose of influ-
encing or rewarding the action of any employee, agent, or repre-
sentative of another in relation to the business of the employer of
such employee, the principal of such agent or the represented party,
without the knowledge of such employer, principal or party. Com-
mercial bribery provisions shall not be construed to prohibit free
and general distribution of articles commonly used for advertising
except so far as such articles are actually used for commercial
bribery as hereinabove defined.
9. No member of the Industry shall drive a vehicle without con-
forming to the provisions as to maximum hours established in this
Code.
Such other rules with respect to Trade Practices as may be con-
sidered necessary to prevent unfair competition in the Industry may
be formulated through Trade Agreements among members of the
Industry according to the provisions of Article VIII of this Code.
ARTICLE X-GENERAL
1. This Code and all the provisions thereof are expressly made
subject to the right of the President of the United States, in accord-
ance with the provisions of subsection (b), (Title I, Section 10) of
the Act, from time to time to cancel or modify any order, approval,







454


license, rule or regulation issued under Title I of said Act and
.'pecificdlly, but without limitation, to the right of the President of
the United States to cancel or modify his approval of this Code or
any conditions imposed by him upon his approval thereof.
2. This Code, except as to provisions required by the Act, may be
modified or airentled, such modification or namndment to be based
upon application to the Administrator and such notice and hearing
as he shall specify, and to become effective on approval of the
President of the United States.
3. The records of the National, Regional, State, and Divisional
Code Authorit i including information obtained from the Indus-
try and in respect to any and all other affairs of such Code Au-
thoriti.-, shall be open to the inspection of the Administrator or
his duly authorized reprc ,-nitiatives.
4. Where the costs of ex':uiitiIn coiitrints entered into prior to
the approval of this Code are increased by the application of-this
Code under the Act, it is equitable and pr,,lotive of the purposes of
this Code that appropriate adjustments of such contracts to reflect
inc'ea-nrd costs be had.
5. Full recognition is arcordled the effect of State laws, and it is
neither the intent nor purpose of this Code to abrogate, cihnge, or
modify the effect of any State law.
6. 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.
7. The provisions of this Code shall become effective fifteen (15)
days after the approval of the Code by the President of the United
States and shall remain in effect until and for sixty (60) days after
Title I of the Act shall have ceased to be effective either by expira-
tion under its terms or by proclamation of the President of the
United States. When so terminated, all obligation and liabilities
under the Code shall cea-o, except those for unpaid dues and assess-
ments theretofore made in accordance with the provisions of this
Code.
Approved Code No. 278.
Registry No. 1411-61.







UNIVERSITY OF FLORIDA
3 1262 08584 3570111111 111111
3 1262 08584 3570




Full Text

PAGE 1

Approved Code No. 278 Regi try No. 1411-61 NATIONAL RECOVERY ADMINISTRATION CODE OF FAIR COMPETITION FOR THE TRUCKING INDUSTRY AS APPROVED ON FEBRUARY 10, 1934 BY PRESIDENT ROOSEVELT I \ I / { l I WE DO OUR P~ I,-• • 0 1. Executive Order 2. Letter of Transmittal 3. Code UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of Documents, Washington, D.C. --------Price 5 cents

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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 D omest ic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga.: 504 Post Office Building. Birmingham, Ala. : 257 Federal Building. Boston, Mass. : 1801 Customhouse. Buffalo, N.Y.: Chambe r 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. : Ch a m ber of Commerce Build ing. Detroit, Mich.: 801 First National Bank Building. Houston, Tex. : Chamber of C ommerce Building. I n dianapolis, Ind. : Chamber of Commerce Building. Jacksonville, Fla. : Chamber of Commerce Building. Kansas City, Mo.: 1028 Baltimore Avenue. Lo s Angeles, Calif.: 1163 South Broadway. Louisville, Ky. : 408 Federal Building. Memphis, Tenn. : 229 Federal Building. Mi nneapolis , Minn.: 213 Federal Building. New Orleans, La.: Room 225-A, Customhouse. N ew 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, C alif.: 310 Customhouse. Seattle, Was h. : 8 09 Federal Office Building.

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Approved Code No. 278 CODE OF FAIR COMPETITION FOR THE TRUCKING INDUSTRY As Approved on February 10, 1934 BY PRESIDENT ROOSEVELT EXECUTIVE ORDER CODE OF FAIR COMPETITION FOR THE TR CKING INDUSTRY An application having been duly made, pursuant to and in full complianc e with the provision s of Title I of the National Indu trial Reco,ery Act, approved June 16, 1933, for my approval of a Code of Fair Competition for the Trucking Industry, and hearings having b een held thereon, and the Administrator having rendered his report containing an analysis of the aid Code of Fair Competition, tog ethe r with his recommendations and findings with respect thereto, and the Aclmini trator having found that the said Code of Fair Competition complies in all respects with the pertinent proYi ion s of Title I of ail Act, and that the requirem ents of clau ses (1) and (2) of su b se tion (a) of Section 3 of aid Act have been m et: o,v, THEREFORE, I, Franklin D. Roo sevelt, Pre ident of the United States, pursuant to the authority ve sted in me by Title I of the National Industrial Recovery Act, approved June 16, 1933, and otherwise, do approve the report and recommendations and adopt the findings of the Admini trator and do order that the said Code of Fair Competition be and it is hereby approved with the following condition: Vehicle owned and operated by enterprises engaged principally in the warehousing of furniture and household goods which are included within the terms of paragraph ( 1) of Subsection A of Section 1 of Article II of said Code of Fair Competition for the Trucking Industry shall be regi tered, in suc h form and manner and within such period as the Administrator may determine, with the Code Com mittee which has proposed a Code of Fair Competition for the House hol l Good Storage and Moving Trade, and, if such a Code is ap proved, then, thereafter with the Code Authority established under aid Code. Approval recommended : HUGH s. JOHNSON' Aclm , inist1ator. THE ".,.HITE HousE, F bruary 10, 1934. FRANKLIN D. ROOSEVELT. 30356-376-47-34 (431)

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LETTER OF TRANSMITTAL The PRESIDENT, The White House. Sm: This is a report of the hearing on the Code of Fair Competition for the Trucking Industry of the United States, held in "\Vashington on the 16th and 17th of November 1933, in accordance with the provisions of the National Industrial Recovery Act. PROVISIONS OF THE CODE AS TO HOURS, WAGES, AND GENERAL LABOR CONDITIONS This Code provides for Industrial Relations Boards consisting of equal representation of emp loy ers and employees to deal with con1-pliance and with labor disputes. Powers are granted to this body to develop the necessary agencies in areas and divisions in the Industry. l\1aximum hours for employees are established as follows: Clerical employees-forty ( 40) hours per week; for other employees, including drivers, n1echanics, and helpers-a basic week of forty-eight ( 48) hours. Overtime beyond eight ( 8) hours a day is provided for general employees and beyond forty-eight ( 48) hours a week for drivers and helpers. Provision is further made whereby seasonal tolerance may be permitted in cases of seasonal and emergency demand. Area and divisional agreements may he made to improve the con ditions of employment, and it is provided that Trade Agreements among employers shall not impair the rights granted employees in Section 7 (a) of the Act, nor shall these terms tend to set maximum as well as minimum wages. Minimum wage rates are set forth: (1) for unskilled labor ranging from twenty-five (25) cents to forty (40 ) per hour; (2) for drivers and skilled labor ranging from thirty (30) cents to fifty five ( 55) cents per hour; and (3) for office employees ranging from fourteen ($14.00) dollars to fifteen ($15.00) dollars per week. Wage adjustments are required to be made so that employees whose hours are reduced by fifteen (15%) percent suffer no wage reduction in full time earnings, but those whose hours are reduced more than fifteen (15%) percent will have their wages adjusted equitably . Provision is made for wages of learners and handicapped persons. Minors under eighteen (18) years of age are prohibited from employment at hazardous occupations and no person under sixtee n (16) years of age is permitted to be employed in the Industry. In addition to providing for Section 7 (a) of the Act, protection is given to labor against reclassification. l\1ore fav-orable labor con ditions set by State law, governmental authorities, or by labor con tract are protected in the Code. Inasmuch as the Trucking Code deals with a transportation serv ice and not with a general industrial activity, it is considered that (432)

PAGE 5

433 th wag and hour pro i ion are all that can be r a onably applied to the Trucking In lu try at thi tim . A a tep towards adoptmg a ...shorter ,vork day an l vle k, and improving the rate of pay and term and con lition of employm nt, the Inclu try i required to ollect data and report findins an l r commendation to the Admin i . trat r not lat r than Augu t 1, 1934. ECONO IIC EFI<'ECT OF THE CODE Durin th pa t decade the tran portation of I roperty Yer the publi highway has assumed significant proportion . T lay it con-titutes an integral part of the tran portation sy tem of the country . The Code of Fair Competition for the Tru king Indu try relate to thi portion of the transportation system . By reason of specia l cir cumstances, how ever, certain highway transportation operations have been exempted from the provi s ion s of this Code. Having taken these exemptions into account, the trucking operations which remain subject to the provisio n s of the Code are conservatively estimate l to utilize about 750,000 vehicles and to give employment to approximately 1,200,000 workers. Under the Code a s recommended , it is e stimated that the Trucking Industry will give employment to approximately 300,000 additional wage earners. representing an increase of about 25% over the employment prevailing prior to the inauguration of the National Industrial Recovery program. This reemployment, it i s estimated, will in crease the annual pay roll of the codified Industry by about $260, 000,000, or about 27% . In contrast with other major forms of transportation, the Trucking Industry is typically a small unit, owner-operat e l and flex ible type of transportation activity. The natural operation of these factors has produced a di s organized condition within the Industry, resulting in unstable competitive conditions. Not only has this s ituation tended to produce destruc tive competitive c ondition s within the Industry, but the influences have extended s ubstantially beyond the Industry itself and have created particularly c omplex problems with relation to the coordination and regulation of various trans portation agencie s . To date no complete and accurate data have been available to serve a s a basi s for the solution of the e complex problems. The Industry anticipates that the effective operation of the pro visions of this Code will tend not only to s tabiliz e the employment and operating conditions within the Industry but will provide data whi c h are e ential to the satisfactory solution of the complex prob lems created by the rapid and extensive growth of high way transportation. FINDINGS The Aclmini trator find that: (a) The Code as recommended comp lie s in all respe ts with the pertinent pro, i ion s of Title I of the Act, including, without limitation subsectio n (a) of Section 7, and sub ection (b) of Section 10 thereof ; and that

PAGE 6

434 (b) The applicant group imposes no inequitable restrictions on admi s ion to member hip therein, and is truly repre entative of the Trucking Industry; and that ( c) The Code as recommended is not de igned to promote monopo lies or to eliminate or oppr:ess small enterprises and will not operate to discriminate against them. and will tend to effectuate the policy of Title I of the National Industrial Recovery Act. From evidence adduced during this hearing and from recommenda tions and reports of the various Advisory Boards, it is believed that this Code as now proposed and revised is satisfactory to this Industry, labor, the public, and this Administration. It is recommended, therefore, that this Code, as herewith submitted, be approved. Respectfully, FEBRUARY 10, 1934. HUGH s. JOHNSON, Ad1ninistrator .

PAGE 7

ODE OF FAIR COMPETITION FOR THE TRUCKING INDUSTRY ARTICLE I-PURPO ES To effectuate the policies of Title I of the National Industrial Recovery Act, the following provisions are e tabli hed as a Code of Fair Comp titian :for the Trucking Indu try and shall be the standard of fair competition for that Industry and shall be binding upon every m mb r thereof. ARTI LE II-DEFI:N ITIONS 1. The t rm ' Indu try" as used herein mean the trans r ortation of property and all service ordinarily incidental thereto in connection TI'ith an trade, indu try, or busines to the extent that uch tran portation is over publicly used roadways by: A. Vehicle for hire, with the following exceptions: (1) Vehicles u eel principally :for the transportation of u cc1 hou e hol l goods, used office furniture, and used office equipment sha ll be exempted, except as otherwise in this Article provided, from all pro vi ions of this Code, pending a public hearing and determination by the Admini trator on a date to be set by him prior to June 15 1934.1 (2) The afore aid exemptions provjded in this Article hall apply to vehicles engaged in tran portation of used hou ehold goods, u eel office furnitur , and used office equipment, even though they may occa ionally tran port other goods, if the revenue derived from suc h occa ional tran portation shall not exceed ten (10 % ) percent of the total re, enue derived through such vehicles; and provided that any such Y hicle , when engaged in such occa ional transportation: (a) hall not be operated jn violati~n o:f the provisions of this Code dealing with '"'aoe s and hours, (b) that the rate charged .for all uch occa ional tran portation hall be not less than the lowe t rate on file with the a I propriate Code Authority of the Trucking Industry :for imilar ervice in the particular locality, and ( c) that Article IX ection 1, of the Trucking Code dealing with freight bills shipping order , and bill of lading shall be conformed to. ( 3) At the hearing provided for above, evidence hall be pre-ent cl to the Admini trator, and he shall thereafter make a determination in respect to the modification or exten ion in whole or in part of such ex mption provided for in this Article. Said determination by the Admini tr a tor shall become efl'ecti ve as a part of thi o le. ( 4) Pen linothe determination by the Admini trator as provided for above anyone claiming exemption "ithin the term of this Arti-1 e parngraph 2 of order approving tbi Code. (435)

PAGE 8

436 cle hereof shall register, in such form and manner as the Administrator may determine, either with the Code Committee or the Code Authority of the IIousehold Goods Storage and :Moving Trade or 1Vith the appropriate Code Authority established under this Code. Any operator claiming exemption under this Article shall file his registration in triplicate accompanied by a certified statement supporting his claim for exemption, one copy of the same shall be fur nished to the other registration agency and the third copy shall be furnishe d to the Administrator. ( 5) The National Code Authority shall appoint two representa tives who, with two representatives similarly appointed by the Code Authority of any related trade or industry, shall have the power to review and adjust all differences of the jurisdiction of this Code and if they are unable to agree, the matter shall be referred to and determined by the Administrator. ( 6) The authorized representatives of the Code Authority of the Household Goods Storage and l\!Ioving Trade shall have acc-ess to the registration lists of this Industry, provided reciprocal authority is granted to the Code Authority of this Industry to have access to the registration lists of that Industry. B. Vehicles not for hire except : (1) To the extent that such transportation is subject to any other Code of Fair Competition approved pursuant to Title I of the ational Industrial Recovery Act; (2) \Vhere a farmer is transporting his own property or produce to primary markets or his own supplies on return, or cooperatively transporting to or on return from primary markets, the property, produce, or supplies for neighboring farmers for which he does not receive compensation other than by the exchange of services; and (3) The Trucking operations of bona fide farmers' cooperative associations to the following extent. When bona fide farmers' cooperative associations carrying on trucking operations in their own vehicles at cost are engaged in transporting the property or produce of such associations or of its farmer members to primary markets, or are engaged in the return transportation of supplies purchased by such associations or farmer members thereof, and are not engaging in transporting for hire or serving the general public, then such associations shall be exempt from all provisions of this Code except: (a) the provisions of Artide IV dealing with industrial relations; (b) the provisions of Article V dealing with maximum hours of labor, minimum rates of pay and conditions of employment; ( c) the provisions of Article VI, Section 4, dealing with registration; ( d) the provisions of Article III, Section A, Subsection (1) (b), dealing with reporting; and (e) the provisions of Article III, Section I, Subsection (1) (i). 2. The term " employee " as u sed herein includes any person engaged in any phase of the Industry in any capacity however compensated except a member of the Industry. 3. The term "employer" as used herein includes any employer in the Industry. 4. The term "member of the Industry" as used herein includes any individual, partnership, corporation, or other form of enterprise that is engaged in the Industry as an employer, and any person en-

PAGE 9

437 ao-ecl in the In ln try who driv a v hi l e on hi own behalf wh th r or n t he employ any nc 1 e in onn e tion th r ewith, and an p l " n naage l in th Industry who le a e or ubl a a Y hi l e t an th r or th u th r f as a part of a truckino. rvi if he r tain r p n ibility for the mr Io :pnent of driv rs or for th main tenance an 1 r pair of the v hicl , wh ther or not h r tain. re p n ibility for the afety of the property tran porte 1, or r 1" s mp n ation for the tran portation of u h property. 5. Th 1 rm 'for hir member" a u 1 h rein mean any mem ber of th In lu try who re eive 01111 e n ation or remuneration di r tl or in lir ctly for the tran portation of property (a) of oth r., or (b) of hi own prop rty for s ale or dispo a l ,Yh n the principal purpo e or effect of u h ale or di posa l i to obtain revenue by . uch transportation. It includes, but i s not limited to any m ember of the Indu try who l ea es or u b l eases any vehicle or the u: the r of to another as a part of a trucking ervi e if h e retain r . pon ibility for the e11ployment of drivers or for the maintenan e and r epair of the vehicl vrheth e r or not he retain r e ponsibility for the safety of the property tran ported, or re ceive compensation for it tran portation. Suc h trucking ervice shall include the transportation of automobile s a merchandi e operating under their own power. 6. The term " not for hire m em b e r " as u sed h erein m ea n any member of the Indu try not included in the definition of "for hire member.' 7. The term " vehicle' as u sed h erei n includes any vehicle u eel in the Inclu try, regarc lle s of how propelled: 8 . The term "shipper" as u ed h e r ein shall include both on ignor and consignee. 9. The term " State" as u eel herein shall include the severa l states of the United State and the Distric t of Columbia. 10. The term "Natural Division" as u ed herein means a grouping of members of the Indu try resulting by rea on of the nature of the ervice performed and recognized as such a Natural Divi ion by the National Code Authority be cause of Code problems p eculiar to such group. 11. The South shall include Virginia, North Carolina, South Car olina, Georaia Florida, T ennessee, Kentucky, Alabama, Mi si sippi, Arkan a LOL1i iana, Oklahoma, Texas, ew :Mexico, and Arizona. The remaining portion of the United States not include l above hall be ref rre l to as the orth. 12. Population for the purposes of this Code shall be determined by r efe r nee to the 1930 Federal Census. 13. The term 'Act' and Administrator" a u sed h e r ein mean, r kpectiYely Title I of the ational Indu tria l R ecovery Act an l the Admini trator of Title I of said Act. 14. The t rm National ode Authority ' as u eel herein means th ode Authority ha,,ing upervi ion over the Indu -tr y in the entire nited tate , a h ereinafter provi led. 1-. Th t rm ' R eo-iona l Code Authority " a u eel h rein m ans the Col \..uthorit haYing upervision oYer inter tate operations b twePn two (2) or mor tate , as hereinafter provi led. 303JG0-37G-47-34-2

PAGE 10

438 16. The term " State Code Authority" as used herein means the Code Authority having upervision over one area in a region, as hereinafter provided. 17. The term "Djvisional Code Authority " as used her in means the Code Authority having supervi ion over a natural or area divi ion of the Industry within a state area, as hereinafter provided. 18. The term " Trade Agreement " as used herein inclu les trade practice agreements and agreements formulated by members of the Industry tending to liberalize labor conditions as contained in the Code, which agreements have been formulated by members of the Industry under the provi. ions of this Code and in accordance with rules and regulations with respect thereto made by the rJ ational Code Authority. ARTICLE III-CODE AD)II ISTRATIO.i: A. CODE AUTHORI'.rIES To further effectuate the policies of the Act, the following agencies of the Industry are hereby created to cooperate with the Administrator in the administration of the pro vi ions o:f thi Code : ( 1) Na tional Code Authority; (2) Regional Code Authorities; (3) State Code Authorities; and, in addition, ( 4) suc h Divisional Code Authorities as may be created. The Administrator may appoint on each or any Code Authority, three nonvoting rnemb0rs. "\Vhen appointed, such members shall receive all notices and be entitled to sit at a ll meeting of the Code Authority on which appointed. (1) NATIONAL CODE AUTHORITY Organization.-The National Code Authority shall consist of one (1) member from each region as hereinafter provided . The voting members of the National Code Authority shall be elected by the members of the Regional Code Authorities. In such election all Regional Code Authorities shall b entitled to an equal number of votes . Powers and Di1,ties.-The National Code Authority shall be charged with the general administration of the Code and shall have pow er to appoint such agents, committees, and employees as it shall deem necessary to the proper administration of the Code and shall have the following specific powers which it may, subject to review by the Administrator, exercise through or delegate to any Regional, State, or other Code Authority provided for in this Code . (a) To adopt bylaws, rules, and regulations governing its procedure in the administration and enforcement of the Code, furnishing to the Admini trator such true copies thereof together with minutes of meetings when held, and such other information as to its activities as the Administrator may deem necessary to effect the purposes of the Act. (b) To require periodical reports from the members of the Industry and from the various Code Authorities, with resp0ct to revenues, expenses and other charges, wages, hours of labor, con ditions of employment, number of emp l oyees, and other matter pertinent to the purposes of the administration of this Co le. In

PAGE 11

439 addition to the information required to be snbmitte l to Code Auth ritie there hall be furni h d to the overnm nt a O' n ics u h tati ti al inf rmation a the Admini trator may de m nece ary for the pnrpo c r i t e l in tion 3 (a) of the A t; provided that n thino in thi o 1 hall relieve any m mber of the Indu try of exi tino oblioation to fnrni h r I ort to any government ag nc}. Bona ficl farmer ' ooperati 1e a ciation hall be re quire l to re1 or to le Anthoritie only in n h mann r an l form and to O'iY u h inf rmati n a may be provide 1 for in rules gov u h r I orL whi h rule hall be formulat cl by the National ode uthority ,Yith the a lvice of a representativ of such as ocia tion to be named by the Administrator, and with the approval of the Admini trator. The pecific intent of this latter requirement is to ecnre ba ic information relative to the haracter and volume f trucking operations conducted by farm rs' ooperative a sociati n , such information to be secured at the least possible cost to said as ociations. All indiYidual reports of members of the Indu try hall be kept confidential and only gen ral summaries thereof may be published. ( c) To recommend to the Administrator within ninety (90) days after the approval of the Code, systems of uniform accounting and reports, which upon his approval, and subject to s u c h notice and hearing as he may pre c ribe, hall be used in carrying out the provis ions of this Code. ( d) To make studies of the advisability of requiring evidence of responsibility or insurance with reference to public liability for injury to persons or property and with reference to security of property tran ported by members of the Industry, and to report and recommend thereon to the Administrator within six (6) months after the effective date of this Code. ( e) Subject to the rules and regulations presc ribed by the Adrnin i trator, to receiYe complaints of violations of this Code, to n1.ak~ inve tigation thereof and to adjust such complaints or bring to the attention of the Admini trator any information relative to viola tion with recommendation with respect thereto. ( f) To fun tion through such trade associations and other agencies as it deems proper and through the Regional, State, and Divisional Code Authorities for carrying out any of its activities provided herein and to pay such Code Authorities, trade associations, and agencies the cost thereof, provided that nothing herein shall relieve the National Code Authority of its duties or re pon ibilities under thi Code, and provided further that such subordinate Code Authoritie , tra le a ociations, and agencies shall at all time be subject to and comply with the rule , regulations, and restrictions laid down for them by the National Code Authority and the provi ion of this Code and of the Act. g) To coordinate the admini tration of thi Code with such other de if any, as may be related to the Indu try or any ubdivi ion thereof, and to deleoate to any other administratiYe authority, with the appro-, al of the Admini trator, such powers as will promote joint and harmoniou action upon matters of common intere t. (h) To ecur from th members of the Indu try, an equitable an 1 proportionate payment of the expenses of e tabli hing this Code

PAGE 12

440 and of n1aintaining the various Code Authorities and agencies thereunde r. The approval of the Administrator shall be necessary before any assessment is made against those who are specifically exempted from any part of this Code. (i) To coop erate with the Administrator in regulating the use of any N.R.A. insignia solely by those members of the Industry who have as s ented to and are complying with this Code . (j) To initiate, consider, and make recommendations for the modi fication or amendment of this Code, which, upon approval by the Administrator a .fter su c h notice and hearing as he shall prescribe, shall become a part hereof. (k) To make rules and regulations governing the procedure of Regional, State, and Divisional Code Authorities and any other age n c ies engage d in carrying out the provisions of this Code and to make such other rules a .nd regulations as may be necessary to carry out the provisions of this Code. (1) To desig1 1ate Natural Divisions of the Industry and prescribe rules and regulations for presentation of information necessary in determining such divisions. If directed by the Administrator the National Code Authority shall without delay designate such divi sions as the Administrator shall direct. (m) To de ignate the States to be included in the separate Regions hereinafter provided for. (n) To presc ribe rules and regulations for the registration of members of the Industry as hereinafter provided. ( o) To establish administrative rules governing the filing of minima for rates and tariffs, the formulation of trade agreements and the procedure for appeal from the action of subordinate Code Authorities. (p) To do such other things and to perform such other duties a nd exercise such other powers as may hereinafter be delegated to the N ationa.l Code Authority. (2) REGIONAL ComD AUTHORITY Organi zation.-For the purpose of administering the Code, the National Code Authority shall divide the United States into regions consisting of three or more states . For each of the regions there shall be set up a Regional Code Authority which shall be elected by the various State Code Authorities coming within the Region . The Regional Code Authority shall be composed of one member from eac h State within the Region. In case of an even number of States in any Region, an additional member at large shall be elected by the State Code Authorities within the Region. Powe rs and Dwties.-The Regional Code Authority shall have jurisdiction ov e r interstate matters within its Region and concurren t jurisdiction as defined in Artide VIII of this Code with other Re gions involved on inter-regional matters. It shall have the power to employ or appoint such committees, agents, and employees as may be necessary to c arry out its functions and to cooperate with other Reg10nal Code Authorities in inter-regional n1atters. (a) It shall, with other Regional Code Authorities, e l ect the National Code Authority pursuant to r ules prescribed by the National Code Authority.

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441 (b) It hall ace pt a m m r with full participation in th pro . ling l ianatecl by th int r tate op rato r of a n y o n e organiz d natural Ii i i n, wh n d lib rating on mat t e r p e uli a r to the int 1--tnte peration of that par ti nlar liv i i o n. ( c) It hall have pow e r to h old h arina on trade aar e m n t s pr entc l by memb e r f the In lu try ubj c t t th prov i ion of Articl III of thi o l and to o o p rat with the A l m ini trator in th nforc m nt of the ume. ( 1) It hall coll t an l maintain full stat i stic al an l oth r in f rmative data re p tino the operation of the Indu try within it juris liction and hall forward to the ational Co le Authority u h information therefrom a may be require d by the National d e \.uthority or by the Admini trator. ( e) It hall perform uch other function a s may b e d legate l to it by the ational ode Authority. (3) STATE CODE AUTHORITY The National Code Authority shall divide each Region into areas, each of wl1ich shall have a separate Code Authority for su h area, referred to as a "State Code Authority." Organization.-Each State Code Authority . hall consi t of four ( 4) member elected in the following manner by the regi tered member of the Industry a senting to the Code with.in the area. ,, ithin ixty (60) days after the effective date of thi Code there hall be held an e l ect ion by those members of the Indu try who ha, e registered within thirty (30) days after the effective date of thi Code. The State Code Authority set up at the first e l ection held shall be constituted as follows: Two (2) members shall be elected to serve :for a term o:f two (2) years each, or until their succe sors have been e l ected and qualified, one ( 1) on the basis o:f vote cast by regi tered members voting as firm and one ( 1) on the basi of vote ca t by registered members voting according to vehicles regi tered under this Code; the remaining two (2) member . hall be e l ected for a term of one ( 1) year each, or until their succ~ssors have been e l ected and qualified, on the ame basis as pre cribed for the members serYing two (2) years each. Annually thereafter, two (2) m mbers shall be elected by the registered members of the Industry on the same basis of rep re entation a pre cribed above for the fir t election, to erve for term o:f two (2) year each, or until their ~ucce ors have been l e ted and qualified. Any State Code j._uthority with the permi sion of the ational Code uthority may be compo eel of six (6) in teal of four (4) member s , the additional two (2) member to b e l cted in th ame manner and on the s ame bas i o:f repre entation a provided above. In ca of an even vote in a State Code Authority, the Administrator may appoint an impartial m mber from the member of the Indu try to Yot with the luly electe l m mber of the State ode Authorit . Pow e 'rs ancl Dutie .-Each State Code Authority hall have primary juri di tion within it ar a, except a s to u c h matt r :falling ,Tithin the cope of DiYi ional Co le Authoriti s con tituted within uch are a and hall lrnYe juri diction in such matters if they affect

PAGE 14

442 more than one Division of the Industry within the area. It shall have pow r to employ such committees, agents, and employees as may be necessary to carry out its functions. (a) It shall have power to hear application for setting up Divisional Code Authorities for established natural divisions within the State, and, after hearing, shall report the results of such hearing to the Administrator, through the ational Code Authority, tog ther wi h it recommendation for approval or disapproval of the application. \Vhen desiring to establish or change the area of a Divi sional Code Authority for a subordinate area within the State, the State Code Authority shall make application to the .Administrator for the approval or di approval of the establishment of or change in the area of uch Divisional Code .Authority. In making such appli cation, the State Code Authority shall furnish full data relative to the area to be included in the scope of jurisdiction proposed for the Divisional Code Authority. It shall haYe power to hear applications for the di s continuance of or change in the scope of DiYisional ode Authoritie within its area when application for such discontinu ance or change is made by a duly constituted Divisional Code Authority and shall submit such application to the Administrator for approT"al. It shall al N o have power to make recommendations to the Administrator for the discontinuance of any inactive Divi ional Code Authority within its area on approval by the ational Code Authority. All applications and recommendations shall be submitted to the Administrator through the ational Code Authority. (b) It hall maintain a record of all schedules of minima for rates and tariffs filed by members of the Industry and a record of all trade agreements formulated by members of the Industry in its area and with the aid of the Divisional Code Authority ~ha ll cooperate with the Administrator in the enforcement of the ame . ( c) It shall have power to hold hearings on trade agreements presented by member of the Industry, subject to the provisions of Article VIII, and to cooperate with the Administrator in the enforce ment of the ame. ( d) The State Code Authority shall have power to hold hearings on trade agreements proposed by Divisional Code Authorities under the procedure set up in Article VIII and shall have power to formulate trade agreements for established area or natural divi sions of the Industry when such trade agreements have not been proposed by Divisional Code Authorities and to present suc h trade agreements to the Administrator for approval or disapproval. ( e) When deliberating on matters affecting only one esta blished Natural Divi ion of the Industry, the Natural Divisional Code Authority holding primary jurisdiction over the matter shall be invited to appoint one of its members for full participation in the proceedings. (f) It shall collect and maintain full statistical and other informa tive data respecting the character and volume of the operation of the Indu try within the State and shall forward to the National Code Authority such information therefrom as may be requested by the National Code Authority or by the Administrator. (g) It shall cooperate with Divisional Code Authorities within its area to secure the enforcen1ent of this Code.

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443 {h) It hall, in conv nti n with o h r State Cod Authorities within it Reo-ion, cl ct the R oional Co
PAGE 16

444 ( 5) It shall have power to appeal to the Administrator, through the National Code Authority, from decision s of the State or Regional Co de Authorities; (6) it shall coll e ct and furnish to the State Code Authority such stati tical and othe r informative data as may be required by the State Cod e Authority respe cting the operations of the members of the Industry within its jurisdiction. (B) AREA DIVISIONS OF STATE 01' gan iz atio n.-The State Code Authority may set up, subject to the approval of the Administrator as provided in Article III, Section A, Subsection (1) (1), Divisional Code Authorities to exerci e, within a pre c ribecl area in the State, primary jurisdiction over the operations of the members of the Industry not subject to an e tab li hed Code Authority for a natural division of the Industry. Its member ship hall be chosen by members of the Industry within its area in the same manner as provided for a Code Authority of a natural division of the Industry. Pow e?'S and Du.ti es.-It shall have powers and duties with respect to the members of the Industry within its scope, similar to those po sse secl by a Code Authority for a natural division as set forth above. B. GENERAL ADMINISTRATIVE PROVISIONS 1. If the Administrator shall determine that any action of a Code Authority or any agency thereof is unfair or unjust, or contrary to the public interest, the Administrator may require that such action be suspended for a period of not to exceed thirty (30) days to afford an opportunity for investigation of the merits of uch action and further consideration by such Code Authority or agency pending final action, which shall be subject to the approval of the Admini trator. The rules and regulations of any Code Authority or other admini trative agency under this Code shall be subject to the approval of the Administrator. 2. Each trade or industrial association directly or indirectly participating in the selection or activitie of any Code Authority shall (a) impo e no inequitable restriction on member hip, and (b) submit to the Admini trator true copies of its article s of a . ociation, by laws, regulation , and any amendments when made thereto, together with such other information as to membership, organization, and activities a the Admini trator may deem necessary to effectuate the purposes of the Act. 3. In order that the several Code Authorities shall at all time be truly representative of the Indu try and in other re pects comply with the provisions of the Act, the A lministrator may provide uc . h hearings as he may deem proper; and thereafter if he shall find that any Code Authority is not truly repre entative or does not in other re spects comply with the provisions of the Act, may require an appropriate modification in the method of selection of such Code Authority. 4. J\1embers of the Industry hall be entitled to participate in and share the benefits of the activities of the variou code authorities and to participate in the selection of the members thereof by assenting

PAGE 17

445 to and ompl in with th r quircm nts of this Code and sustajning' th ir r a nable hare of the exr en e of it admini tration. Such r a onable hare of th ex en of administration hall b d t rmined b the ational cl Authority, sub j ect to revi w by th dminis trat r, on the ba i of su h factors a may be d m d quitabl . . othinoontain d in thi Col shall n titute he members of a ode Authorit I artner fo r a n y purpo . Nor hall any m emb r of a od uthority be liable in any manner to anyone for any act of any other m mb r, offi r, agent, or empl yee of a Code Authority. Nor hall an m mber of a Code Authority exercising reasonab le dilione e in the condu t of hi. duties hereunder, be liabl to anyone for any a tion or omi s ion to act under this Cod , except for his own willful mi feasance or nonfe asance. o. TEMPORARY oRGANIZATio Ts Pending the election of the members of the National Code A uthority, a hereinabove provided, the voting m e mb ers shall be temporarily ar pointed as follows : Seven (7) shall be h osen by the Board of Tru tee of the American Trucking Association , Inc., and two (2) shall be selected in a manner approved b y the Adminis n tor. Such ational Code Authority shall divide the United States into regions consi ting of three (3) or more states,
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446 In the selection and functioning 0 the National Industrial R e lations Board or any Industrial Relations Board established under rule made by it, the employees shall enjoy the protection extended to them under Section 7 (a) of the Act. ARTICLE V-HOURS AND ,v AGES A. HOURS 1. No employee in clerical or office work except rate clerk s and dispatchers shall b e permitte d to work in excess of forty ( 40) hours in any one we e k, n or more than six (6) days in any seven (7) day pe~od. 2 . No other employees except tho e driYing vehicle s and their helper or helpers on th0 vehicle shall be permitted to work in exces of forty-eight ( 48) hours per week, a Yer aged over a period of three (3) weeks, with a maximum of fifty-four ( 54) hours in any one we e k, nor more than twelve (12) days out of fourteen (14) days, provided, howeYer, that they shall be paid at the rate of one and one third (11/3 ) their normal rate for all hours worked in excess of eight ( 8) hours in any one day or forty-eight ( 48) hours in any one week. 3 . No per on driving a vehicle or his helper or helpers on the vehicle shall be permitted to work in excess of one hundred eight (108) hour in any consecutive two (2) week period, nor more than on e hundred ninety-two (192) hours in any consecutive four (4) week period, nor more than twelve (12) days in any fourteen (14) day period ; except a herein otherwise provided, and they shall be paid at the rate of one and one-third (l~f:3) their normal rate for all hours worked in excess of forty-eight (48) hours in any one week, except in ca es of emergency demand falling under Section 5 hereof. 4. It shall be the duty of the National Code Authority, in cooperation with the National Industrial Relations Board, to investigate, collect data and report findings and recommendations to the Administrator as soon as possible, but not later than August 1, 1934, with re spec t to achieving and providing a normal eight (8) hour day for all employees, with equitable overtime rates of pay for time worked beyond such normal e _ight (8) hour day and for the purpose of generally determining the feasibility and desirability of adoption of a shorter working day and week and improvement of the rates of pay and terms and conditions of employment for employees in the Industry over those provided under this Code. 5. When seasonal demands arise involving movements of perish able goods or seasonal crops, or in case of emergency demands an employee may, with the approval in advance of the appropriate State or Regional Code Authority and the Administrator, be permitted to work an additional twelve (12) hours in any two (2) week period beyond one hundred and eight (108) hours, which additional hours need not be averaged out within the consecutive four ( 4) week period. The total period for which seasonal or emergency demand may be considered to exist is to be limited to three (3) consecutiYe months for any type of haulage in any area or for an individual employee, except that the overtime provision in Section 3 may be

PAGE 19

447 for a l onger period than three (3) months for those operations where State laws re stricting tonnage rcatc an emergency lasting :for a longer perioLl. 6 . .Any natural or territorial group or memb ers of t he Industry, in accordance with t h e procedure esta bli shed for making group trade agreements as provided in Article VIII hereof, or groups of repreentativc emp loy e r s and representative e 1nploy ees through collective agreements arrived at by bona fid e collective bargaining may, with the approval of the Administrator after s u ch notice and hearing a he may prescribe, establish maximum hours and minimum wages applicab l e to employees in any s uch divis ion or area and shall be binding on all members of the Industry in s u ch division or area, pro-viclcd , ho"\Te,er, that any suc h maximum hours so established shall in no even t, exceed the maximum hours fix ed in this Code nor minimum wages be l ess than the minimum wages established in this ode. ~o trade agreement shall be appro,ed pursuant to this sec tion which tends to set a maximum as well as a minimum wa ge , or in any " ay to impair rights guaranteed to em plo yees under Sectio n 7 (a) of the Act. 7. The maximum hours provide d above shall not apply to employes engaged in a managerial or executive capacity who receive thirty fi,e ( $35 .00) dollars per week or more in the North, or thirty ($30.00) dollars or more in the South, or solicitors performing no manual \Tork, or station managers, where such employees are intermittently employed. Persons engaged solely as watchmen shall not be permitted to work in excess of fifty-six (56) hours in any one week nor n10re than si x (6) days in any se ven (7) day period. . All time spent by any employee on or in any vehicle shall be considered time worked, regardless of whether such employee is ngaged in driving or in the performance of other labor, unless s u c h employee i s a relief employee off duty engag-ed on a vehicle quipped with a sleeping compartment. A committe e constituted in like manner as the National Industrial Relations Board shall, wjthin ninety (90) days after the effective date of this Code, submit definitions and regulations governing "off duty" and governing the practice known as "dead-heading", to be effective \Th en approved by the Administrator. 9. No employer shall knowingly engage any emp loyee already employed by another for a .ny time which, when totale d with the hours of any other employment, exceeds the maximum wee kly hours permitted h e rein. B. WAGES 1. Drivers and sk illed labor in the North shall be paid not less than at the rate of (a) fifty-five (55) cents an hour in cities of 2,000,000 population or over, or in the immediate trade area thereof; (b) forty-fiye ( 45) cents an hour in any city of b etween 200 , 000 and 2.000,000 population, or in the immediate trade area thereof; ( c) forty ( 40) cents an hour in cities of b etween lf>, 000 and 200,000 popul ation, or in the jmmccliate trade area t h ereo f ; and (cl) thirty-sevPn and one half (37) rents an hour i n town s or place s of l ess tha n 13.000 population. In the South, dri-vers and skilled labor shall be

PAGE 20

448 paid not less than at the rate of (a) thirty-five (35) cent an hour in citie of 200,000 population or over, or in the immediate trade area thereof; (b) thirty-two and one half (32) cents an hour in citie of between 15,000 and 200,000 population, or in the immediate trade area th reof; and ( c) thirty (30) cent an hour in towns or places of le ss than 15,000 population. 2. The minimum for un killed employee in the North shall be at the rate of not les than (a) forty ( 40) cents an hour in cities of 200,000 population and over, or in the immediate trade area thereof; (b) thirty-seven and one half (37) cents an hour in citie of 15,000 to 200,000 population, or in the immediate trade area thereof; and ( c) thirty-five ( 35) cent an hour in towns or places of le s than 15,000 population and in the South, (a) thirty (30) cents an hour in cities of 200,000 population and over, or in the immediate trade area thereof; (b) twenty-eight (28) cent an hour in cities of 1 5,000 to 200,000 population, or in the immediate trade area thereof; ( c) twenty-five (25) cents in towns or place of le ss than 15,000 population; except that in the States of Alabama, Florida, Georgia, J\1issis ippi, and South Carolina, the minimum rate shall be not le s than twenty-five (25) cents. 3. Helpers to drivers and helpers to skilled employees, which h elpers are principally engaged in such skilled op ration , shall be paid at not les than the rates specified in Section 1. 4. No office employees shall be paid less than at the rate of (a) $15.00 per week in any city of 500,000 population or over, or in the immediate trade area thereof; (b) $14.50 per week in any city between 250,000 and 500,000 population, or in the immediate trade area thereof; ( c ) $14.00 per week in cities or places of less than 250,000 population. 5. This Section establishes a minimum rate of pay which hall apply irrespect ive of whether an employee is actually compensated on a time-rate, piece-work, mileage, or other basis . . 6. No employee whose normal full-time weekly hours for the week ending June 17, 1933, are reduced by less than fifteen (15) percent shall have his full-time weekly earnings reduced. Any employee whose said full-time weekly hours are reduced by fifty (50) percent or more shall not have his said earnings reduced by more than twenty-five (2 5) percent. All other employees whose hours are re duced in excess of the said fifteen ( 15) percent hall have their earnings adjusted proportionately. The principle of this paragraph shall apply by class of worker to all other employee whose hours have been reduced. 7. No provision of this Section shall modify established practices or privileges as to vacation periods, leaves of ab ence, or temporary ab ence from work heretofore granted to employee . 8 . Persons learnino an occupation shall be paid not le s than eighty (80) percent of the minimum wage which prevail in such occupation, provided that the number of such learners shall not exceed five ( 5) percent of the employees of any one employer and that learners shall not be employed as suc h for a period in exce of four ( 4) weeks, irrespectiYe of whether they are em ployed by one or more employers.

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449 9. A p rson whose earning capacity is limited bccau. e of ao-e or ph) i al r m n al handi ap may b n ploy d on lio-ht ork at a wag b lo the minimum stabli hed b r thi Cod if the employer ob ain from th taic B ly dcsiQ'Ilat l b y the nitnd Sta s Departm nt of Lab r, a certifi ate authorizina his mpl ym nt at such wao s and for such h urs a hall b sta eel in the ertiti c ate. Each empl r hall file with th appropriate ode Authority, a list of all u h p r on m ployed by him. 0. GE TERAL L BOR PROVISIO~ 1. No person under sixteen (16) years of age hall be employed in the Indu try. o per on under eighteen ( 18) years of age hall be employed at operations or occupations which are hazardous in nature or lanoerous to health. The National ode Authority shall submit to the dmini trator within thirty (30) days after the approval of thi Code, a list of such operations and occupations. In any State, an cmplo er shall b deemed to have complied with thi prov ision as to aoe if he shall have on file a certificate or p ermit duly i sued by any ag ncy in uch State empowered to issue employment or age certificate or permits showing that the employee is of the required age. 2. Employees shall have the right to organize and bargain col lecti,ely, 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 uch 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, oro-anizing, or as isting a labor organization of his own choosing, and mployers shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment approved or pre cribed by the President of the United States. 3. No employer shall reclassify employee or duties of occupations performed for the purpose of defeating the provisions of the Act or of this Code. 4. Every employ r shall provide for the safety and health of his employees at the place and during the hours of their employment. Standards for safety and health shall be ubmitted by the National Code uthority to the Administrator within six (6) months after the effecti e date of thi Code. 5. No provision in this Code shall supersede any law within any State which impo es more stringent requirements on employer as to ao-e of employee , wa o-e hours of work, or as to afety health, or anitary ndition , or in urance or fire prot ction, or general workjnondition than are impo ed by thi Code. G. :r o pro vi ion in thi C de shall supers ede pro vi ions as to hour. , wa . , and conditions of employment whi h are e tablished for pecific proje.ct by omp tent governmental authority acting i11 accor lance with law, or to term of mployment whi h are e tabli h d b labor a!ITe ments now in fore where ei h r th wao-es are higher or the hours of labor are short r, r both, than are those set

PAGE 22

450 forth in this Code, unless the employees require the termination of such contracts and future labor agreements shall not lower conditions of labor. 7. All employers hall post complete copies of this Code in con spicuou places accessible to employee . 8. An emp loyer shall not make payment of wage due other than in la11ful currency or by nego iable check ther for payable on demand. These wage hall be exempt from any payments for pen sions, in urance, or sick b e nefits other than those voluntarily paid by the wage earners, or required by State law. Pay-periods for wages shall be at lea t at the end of every two week , and for alaries at least at the encl of every month. The emp l oyer or his agent shall accept no rebates directly or indirectly, nor give anything of value or extend favor to any per on for the purpose of influencing rates of wage or the 11orkina conditions of his employee s . ARTICLE VI-REGISTRATION 1. Every member of the Indu try shall, within thirty (30) da, after the effective date of thi Code, or within ten (10) day after becoming a 1nember of the Industry, and annually thereafter, regi -ter his name, number and type of vehicles operated and such other information in such form, , under uch rules and regulations, and with such agency a may be pre cribed by the National Code Authority with the approval of the Administrator or a may be required by him. 2. Each member of the Indu try, upon complying with the provisions of Section 1 hereof, shall be issued an annual registration certificate and registration insignia indicating such registration. The co t of registering vehicles and furnishing insignia for the ame shall be a ses eel again t the member registering. 3. After forty-five ( 45) days after the effective date of this Code, it shall be a violation of this Code for any member of the Indu try to operate any vehicle without such registration insignia prominently displayed at all times upon the outside of the vehicle. 4. Each vehicle owned and operated by a farmers' cooperative as sociation shall be regi tered by the association with the appropriate code authodity and such authority shall issue a modified type of in signia, which insignia shall be clearly di tinguishable from that carried by other clas es of members of the Industry. The co t of registering vehicles owned and operated by farmers' cooperative a sociations and the cost of furnishing modified insignia for the ame shall be assessed by tlrn appropriate Code Authority again t the farmers' cooperati, e association , subject to the approval of the Admini trator. ARTICLE VII-RATES AND TARIFF 1. Within fortyfive ( 45) days after the effective date of thi Code, each for hire member of the Indu try shall file with the appropriate State or Regional Code Authority schedules o:f minima for rate and tariffs covering his operations, subject to the right, however, to file amendments or alterations thereto :from time to time. o :for

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451 hire mern er of th Indu tr,r hall perform any ser v ice not c o v red b. a s c h lul de l by him nor lrn.ro-e, coll ct or l e n a n d 1 R than h minima provi led in such h dnl for t h e erv i e t o b e p rf 1m d without fir t havino fil d requi site alteration or a m end m ents to provi l for . u h r du tion. 2. Rat and tariffs barged by each for hire m em ber f t h Industry hall b uffi i nt to m et the o t of the ser vice t o b p erformed x pt u h le ser rate as may be approved b y the appr opriate Cod uthorit permittincr uch for hire rne mb r to m e t the rat and tariff f a ompetitor outside the Indu try. t hall be d t rmined in accordance with a c o t formula to be e tabli h d by the ational Code Authority with the approval of the dmini trator as hereinafter provided. If the appropriate State or Reo-ional Code Authority shall find, after hearing, that a s h e d ule of 1ninima for rates and tariff filed by any for hire member of th Indu try provides rate or rates insufficient to m eet the co t of the service to be performed, it may suspend such rate or rates and shall require the filing of a schedule of minima for such rate or rates sufficient to cover the cost of such, service. 3. Co t formula for determination of rates and tariffs in the divi ion or areas of the Industry, rules and regulation to make effective the provisions of this Article, and rules and regulatio n to govern hearing by State and Regional Code Authorities and to govern appeals from the action of Divisional, State and R egional ode Authorities shall be formulated by the National Code Authority to be effective on approval by the Administrator. Additional provisions for rates and tariffs may be submitted by the National Code Authority to be effective on approval by the Administrator, after due notice and hearing. ARTIOLE VIII-TRADE AGREEMENTS Agreements respecting trade practices and agreements formulated by members of the Industry tending to liberalize labor conditions, pro ided that such agreements are not in violation of any of the provi ions of Articles IV and V hereof, may be formulated by mem bers of the Industry subject to rules and regulations with respect thereto made by the National Code Authority with approval of the Administrator. vVhen a trade agreement covering any one of the above ubjects i formulated it shall be submitted to the appropriate Regional or tate Code Authority, which Code Authority shall give notice to all regi tered members of the Industry who might be affected by aid agreement, and after such notice shall hold a hearing thereon. The notice shall be given and the hearing held according to rule s and r gulation pre cribed by the Nation~l Code Authority. Trade acrreements involvinoonly member of the Indu try falling und r the jurisdiction of Divisional or S t ate Code Authorities shall be ubmitted to the a1 propriate State Code uthority. T r n e a g ree m nt xt n ing b yond the juri diction of a State Code Authority shall be ubmitted to the appropriate Reaional C ode u t h o rit. nd if extendin()' beyond the juris diction of on e R e()'io n a l ocl Authority, shall be presented to the Code Auth rity for on e of th regio n in-

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452 volvecl and shall be dealt with by a joint committee of all the regional code authorities within whose jurisdiction such group agreement is effective. The Code Authority to which such trade agreement is originally pres ented shal l give notice to all other regional code authorities in order that such joint committee may be set up. In dealing with such trade agreement, the joint committee of all the regions involved hall be vested with the powers of the several regional code authorities from which its mem . b ers are appointed. The proceedings of such inter-regional committee shall be conducted according to rules and regulations prescribed by the National Code Authority and each Regional Code Authority involved shall be kept fully informed of the activities of the joint committee. If the appropriate Code Authority shall find after hearing that the proposed agreement complies with the provisions of this Code and that it is assented to by members of the Industry operating a majority of the vehicles involved or carrying a major portion of the tonnage involved, and that the members presenting the agreement are truly representative of the members of the Indu try bound thereby, it shall submit the agreement through the National Code Authority to the Administrator together with its recommendations on the s ame, accompanied by evidence in support of its recommendations . If approved by the Administrator the provisions of such trade agreement shall be binding upon all members of the Industry falling within the juris diction of the Code Authority presenting the agree ment. Eac h trade agreement submitted shall definitely set forth the scope thereof by area and by operation, and shall designate therein a committee of three members of the Industry with power to consent to a.ny modification or change which the Administrator 1nay require in order that such agreement shall conform to the provisions of the Act. Such committee shall act through the Code Authority to which the agreement was submitted and the National Code Authority, as the occa ion may require. ARTICLE IX-TRADE PRACTICE RULES Violation of any of the following Trade Practic e Rules shall constitute unfair practices under the provis ions of this Code. Any member of the Industry who shall, directly or indirectly, through any officer, employee, agent, or representative, u se, employ, or permit to be employed, any such unfair practices shall be guilty of a violation of the Code. 1. No member of the Industry shall transport property for hire unle ss a freight bill, shipping order, bill of lading, or other written memorandum. shall be is s ued within forty-eight ( 48) hour of the beginning of the transportation, and each member of the Indu try shall make a true copy of the original a part of his pern1anent records; provided that exceptions from this Section may be pre cribed or granted by the appropriate Code Authority, where in the judgment of s u c h Code Authority exception is appropriate. No member of the Industry shall transport property for hire un l ess the hipment is accompanied by a n1emorandum receipt showing ,(a) the point of origin, (b) the name of the consigner, (c) the date, •

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• 453 (d) a general description of the shipment, (e) destination, and (f) tl1e name of the on ign , provid d that x cpti n from tl i c tion may b pr rib d or grante l by the a1 propria od Authority here in the judgm nt of u h 'ode Authority, ception is appro priat . 2. o m mb r of t.he Indu try shall e r tl off r or make any payment r allowan f a rebate, r fund, commi. sion, ere it, un earn d di ount, or xc s allowance, whether in the form of mon y or otherwi e, for the purpo e of influen ing a shi1 ment, nor hall a m mb r er tly ext nd to any hipper any s1 ecial ervic e or privi1 oe n t t n d to all hipr er under like terms and condition . 3. o memb r of the Irn.lustry shall allow any hippe r to bill fr ight at 1 s than it actual weight or to fal ely cl scribe any shipn1 nt. 4. o member of the In lustry hall in any way misrepresent any s rv:i.ce or u e ad Yertising (whether printed, radio, display' or of an other nature) or oth r representation which i inaccurate in any material particular. 5. No member of the Industry shall att mpt to induce the breac h of an existing contract between a competitor and his employee or cu tomer; nor shall any such member interfere with or obstruct the performance of such contractual duties or service. 6. o member of the Industry shall defame a competitor by fal ely imputing to him di honorable conduct, inability to perform contracts, questionable credit standing, or by other fals e representations. 7. No member of the Indu try shall publish or circularize unj usti fied or unwarranted threats of l ega l proceedings which tend to or have the effect of harassing competitors or intimidating their cu tomers. 8. o member of the Industry shall give, permit to be given, or directly offer to give, anything of value for the purpose of influ encing or rewarding the action of any employee, agent, or representative of another in relation to the business of the employer of such employee, the principal of such agent or the represented party, without the knowledge of such employer, principal or party. Commercial bribery provisions shall not be con. trued to prohibit free and general distribution of articles commonly used for advertisino except so far as such articles are actually used for commercial bribery as hereinabove defined. 9. o member of the Industry shall drive a vehicle without con formino to the provi ions as to maximum hours established in this Code. uch other rules with r spect to Trade Practice as may be onsid red nece . ary to prevent unfair competition in the Industry may be formulated throuo-h Trade Agr ements among member of the Indu tr 1 according to the provi ions of Article VIII of this Code. ARTICLE X-GENERAL 1. This cl and all the provi ions thereof are expre.sly made ubject to the right of the Pr ident of the Unite d State , in accord anc with the provi ion of ubsection (b), (Title I, Section 10) of the Act, from time to time to cancel or modify any order, approval,

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454 license, rule or regulation issued under Title I of said Act and specifically, but without limitation, to the right of the President of the United States to cance l or modify his approval of this Code or any conditions imposed by him upon his approval thereof. 2. This Code, except as to proYisions required by the Act, may be modified or amended, such modification or amendment to be based upon application to the Administrator and such notice and hearing as he shall specify, and to become e:ff ecti ve on approval of the Pre ident of the United States. 3. The records of the National, Regional, State, and Divisional Code Authorities, includin g information obtained from the Industry and in respect to any and all other affairs of such Code Authorities, shall be open to the inspect ion of the Administrator or his duly authorized representatives. 4. "\Vhere the costs of executing contracts entered into prior to the approval of this Code are increased by the application of this Code under the Act, it is equitab l e and promotive of the purposes of this Code that appropriate adjustments of such contracts to refle c t increased costs be had. 5. Full recognition i s accorded the effect of State laws, and it is neither the intent nor purpose of this Code to abrogate, change, or modify the effect of any State law. 6. No provision of thi Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against sm . all enterprises. 7. The prov i s ions of this Code shall become effective fifteen (15) days after the approval of the Code by the President of the United States and shall remain in effect until and for sixty ( 60) days after Title I of the Act shall have ceased to be effective either by expiration under its terms or by proclamation of the President of the United States. vVhen so terminated, all obligation and liabilities under the Code shall cease, except those for unpaid dues and assess ments theretofore made in accordance with the provisions of this Code. Approved Code No. 278. Registry No. 1411-61. 0 •

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UNIVERSITY OF FLORIDA II I II IIIIII Ill Ill lllll lllll II IIIIII II IIIIII II 1111111111111111111 3 1262 08584 3570