Citation
Amendment to code of fair competition for the shipbuilding and shiprepairing industry as approved on March 29, 1934

Material Information

Title:
Amendment to code of fair competition for the shipbuilding and shiprepairing industry as approved on March 29, 1934
Portion of title:
Shipbuilding and shiprepairing 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:
5 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Shipbuilding industry -- United States ( lcsh )
Ships -- Maintenance and repair -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1408-1-01."
General Note:
"Approved Code No. 2--Amendment No. 2."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004938139 ( ALEPH )
649479155 ( OCLC )

Full Text






NATIONAL RECOVERY ADMINISTRATION



AMENDMENT TO
CODE OF FAIR COMPETITION
FOR THE

SHIPBUILDING AND

SHIPREPAIRING INDUSTRY


AS APPROVED ON MARCH 29, 1934


UNiV. OQi FL L,. t




U.S. DEPOCariTOP.



UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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


Approved Code No. 2-Amendment No. 2


Registry No. 1408-1-01























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington. D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 400 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.
(II)






















J





rI







Approved Code No. 2-Amendment No. 2

AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

SHIPBUILDING AND SHIPREPAIRING INDUSTRY

As Approved on March 29, 1934


ORDER

AMENDMENT TO CODE OF FAIR COMPETITION FOR THE SHIPBUILDING
AND SHIPREPAIRING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Shipbuilding and Ship-
repairing Industry, and hearings having been duly held thereon and
the annexed report on said amendment, containing findings with
respect thereto, having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Pres-
ident, including Executive Order No. 6543-A. dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said amendment and the Code as
constituted after being amended comply in all respects with the
pertinent provisions and will promote the policy and purposes of said
Title of .said Act, and do hereby order that said amendment be and
it is hereby approved, and that the previous approval of said Code
is hereby modified to include an approval of said Code in its entirety
as amended, such approval and such amendment to take effect, five
days from the date hereof, unless good cause to the contrary is shown
to the Administrator before that time and the Administrator issues a
subsequent order to that effect.
HUGH S. JOHNSON,
Administrator for Idulstrial Recovery.
Approval recommended:
K. M. SIMPSON,
Division Administrator.
WASHINGTON, D.C.,
March 29, 1934.
50008--425-183-34 (1I














REPORT TO THE PRESIDENT


The PRESIDENT,
The White Hou.e.
SIR: This is a report on the amendment to the Code of Fair
Competition for the Shipbuilding and Shiprepairing Industry and
on the Public Hearing conducted thereon in Washington, D. C., on
March 20, 1934, in accordance with the provisions of Title I of the
National Industrial Recovery Act.
The amendment as originally presented was proposed by the
National Council of American Shiljbuilders who submitted, through
their President, an affidavit in which the Association claims to rep-
resent 90% of the Industry.
The amendment concerns the revision of the definition now ob-
taining in the Code of Fair Competition for the Shipbuilding and
Shiprepairing Indlustry, which reads as follows:

1. DEFINITION OF TERMS
"The terms 'shipbuilder' and 'shiprepairer', when used in this
Code, include a person, partnership, or corporation engaged in the
business of building, fabricating, repairing, reconstructing, remodel-
ing, and assembling oceangoing, harbor and inland water-way
vessels, and floating marine equipment of every type above ten
tons, including the building within their plants of machinery, equip-
ment, and other ship's parts."
Since the effective date of the Shipbuilding and Shiprepairing
Code, August 5, 1933, it has developed that the definition was too
inclusive and covered too wide a scope of operations inasmuch as it
brought within the scope of the Snipbuilding and Shiprepairing
Code practically the entire operations of the smaller Boatbuilding
and Boatrepairing Industry, whose activities and conditions are of
sufficiently different character to warrant a separate code. The
specific amendment proposed by the Shipbuilding and Shiprepairing
Industry and as amended at the hearing is as follows:
"The terms 'shipbuilder' and shiprepairer ', when used in this
Code, include a person, partnership, or corporation engaged in the
business of building, fabricating, repairing, reconstructing, remodel-
ing, and assembling oceangoing, harbor and inland water-way ves-
sels, and floating marine equipment of every type, except
"A. Steel pleasure craft and steel yachts of 125' or under in length
overall.
"B. Wooden fishing schooners 50' or under in length overall,
wooden trawlers 50' or under in length overall, and wooden harbor
tugs 50' or under in length overall.
(2)





/:!









C. All other wooden commercial vessels 75' or under in length.
"The terms 'shipbuilder' and 'shiprepairer' also include the
building within their plants of machinery, equipment and other
ship's parts."
The facts brought to light in this hearing revealed that a further
modification of the amendment was necessary. The following defi-
nition for the Shipbuilding and Shiprepairing Industry has resulted
from the reconvening of the hearing in the Deputy's office on March
21, 1934:
A. The term Shipbuilding and Shiprepairing Industry means:
1. The building, fabricating, repairing, reconstructing, remodel-
ing and assembling of all vessels and floating marine equipment
except:
"(a) Wooden boats and vessels and wooden floating marine equip-
ment.
"(b) Pleasure boats and yachts, both wooden and or metal up to
and including one hundred and fifty (150) feet in length overall.
S"2. The building within shipbuilding and shiprepairing plants of
machinery, equipment and other ship's parts.
B. The term b Member of the Industry means any person, part-
nership, corporation, association, t trust trustee or receiver engaged
in the Shipbuilding and Shiprepairing Industry, either as an em-
ployer or on his or its own behalf."
It was developed that the definition as finally amended would
best divide the activities of the two industries and cause the least
amount of overlapping between the two codes.
The Deputy Administrator in his final report to me on said
amendment to said Code, having found as herein set forth and on
the basis of all the proceedings in this matter:
I find that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups, by inducing the maintain-
ing united action of labor and management under adequate govern-
mental sanction and supervision, by eliminating unfair competitive
practices, by promoting the fullest possible utilization of tie present
productive capacity of industries, by avoiding undue restriction of
production (except as may be temporarily required), by increasing
the consumption of industrial and agricultural products through in-
creasing purchasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise rehabilitat-
ing industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
subsection (a) of Section 3, subsection (a) of Section 7 and sub-
section (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.







4

(d) The amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
a amendment.
For these reasons, this amendment has been approved.
Respectfully,
HUGH S. JOHNSON,
Administrator.
SMARcH 29, 1934.














AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
SHIPBUILDING AND SHIPREPAIRING INDUSTRY

1. DEFINITION OF TERMS
A. The term Shipbuilding and Shiprepairing Industry means:
1. The building, fabricating, repairing, reconstructing, remodeling
and assembling of all vessels and floating marine equipment except:
(a) Wooden boats and vessels and wooden floating marine equip-
ment.
(b) Pleasure boats and yaclits, both wooden and or metal up to
and including one hundred and fifty (150) feet in length over all.
2. The building within shipbuilding and shiprepairing plants of
machinery, equipment and other ship's parts.
B. The term "h Member of the Industr means any person, part-
nership, corporation, association, trust, trustee, or receiver engaged
in the Shipbuilding and Shiprepairing Industry, either as an em-
ployer or on his or its own behalf.
Approved Code No. 2. Amendment No. 2.
Registry No. 1408-1-01.
(5)









UNIVERSITY





3 1262 0


I OF FLORIDA :^,^





8584 7233 '|i







'" "




S'.





o....,.
,*"
**".;.....



.. '% :












**:":'
: ;;.
... "














"E.





.. .'
;'*

















:.. |
;i,


















'..1..
.:.
,.":?u
















*-,, .. .






















.-,
:i i

































...;





i ::i.
.'' .






", ,. -:] !..if


II.. .___* ..~ l ._ ..




Full Text

PAGE 1

Approved Code No. 2-Arnendrnent No. 2 Registry No. 1408-1-01 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE SHIPBUILDING AND SHIPREP AIRING INDUSTRY AS APPROVED ON MARCH 29, 1934 WE DO OUR PART UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 J For sale by the Superintendent of Documents, Washington, D.C. ---.C-,r-ice 5 cents

PAGE 2

{ This publicatiou is for sale by the Superintendent of Documents, Government Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign and Domestic Commerce. ( DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga.: 504 Post Office Building. Birmingham, Al a.: 257 Federal Building. Boston, Mass. : 1801 Customhouse. Buffalo, N.Y.: Chamber of Commerce Building. Charleston, S.C.: Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North Wells Street. Cleveland, Ohio: Chamber of Commerce. Dallas, Tex.: Chamber of Commerce Building. Detroit, Mich.: 801 First National Bank Building. Houston, Tex. : Chamber of Commerce Building. Indianapolis, Ind.: Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. Kansas City, Mo.: 1028 Baltimore Avenue. Los Angeles, Calif. : 1163 South Broadway. Louisville, Ky.: 408 Federal Building. Memphis, Tenn. : 229 Federal Building. Minneapolis, Minn. : 213 Federal Building. New Orleans, La.: Room 225-A, Customhouse. New York, N.Y.: 734 Customhouse. Norfolk, Va.: 406 East Plume Street. Philadelphia, Pa. : 422 Commercial Trust Building. Pittsburgh, Pa. : Chamber of Commerce Building. Portland, Oreg.: 215 New Post Office Building. St. Louis, Mo. : 506 Olive Street. San Francisco, Calif. : 310 Customhouse. Seattle, Wash.: 809 Federal Office Building. (II)

PAGE 3

Approved Code No. 2--Amendment No. 2 Al\'1ENDMENT TO CODE OF FAIR COMPETITION FOR THE SHIPBUILDING AND SHIPREP AIRING INDUSTRY As Approved on March 29, 1934 ORDER AMENDl\IENT To CooE OF FAIR CoMPETITIO:N" FOR THE SHIPBUILDINO AND SHIPREPAIRING INDUSTRY An application having been duly made pur uant to and in full compliance with the provisions of Title I of the rational Industrial Recovery Act, approved June 16, 1933 , for approYal of an amendment to a Code of Fair Competition for the Shipbuilding and Shiprepairing Industry, and hearings having been duly held thereon and the annexed report on said amendment, containing findings witb respect thereto, having been made and directed to the President: NOW, THEREFORE, on behalf of the President of the United States, I, Hugh S. Johnson, Administrator for Industrial Recovery, pursuant to authority vested in me by Exe cu ti Ye Orders of the President, including Executive Order No. 6543-A, dated December 30, 1933, and otherwise; do hereby incorporate, by reference, said an nexed report and do find that said amendment and the Code as constituted after being amended comply in all respects with the pertinent provisions and will promote the policy and purposes of said Title of said Act, and do hereby order that said amendment be and it is hereby approved, and that the previous approYal of said Cod e is hereby modified to include an approval of said Code in its entirety as amended , such approval and s u c h amendment to take effec t five clays from the date hereof, unles s good cause to the contrary is shown to the Administrator before that time and the Administrator issues a subsequent order to that effect. HUGH s. JOHNSON, Aclni.inistrator /01 I ndustrial R ecovery . Approval recommended: K. M. SIMPSON' Division Aclniinisfrator. WASHINGTON, D.C., March 29, 1934. 50008-425-183-34 (1)

PAGE 4

REPORT TO THE PRESIDENT The PRESIDENT, The lV hite House. Sm: This is a report on the amendment to the Code of Fair Com.petition for the Shipbuilding and Shiprepairing Industry and on the Public Hearing conducted thereon in Washington, D. C., on March 20, 1934, in accordance with the provision s of Title I of the National Indu trial Recovery Act. The amendment as originally pre ented ,Yas proposed by the National Council of American Shipbuilders who submitted, through their President, an affidavit in which the A ~ sociation claims to represen t 90% of the Industry. The amendmen t concerns the revision of the definition now obtaining in the Cod e of Fair Competition for the Shipbuilding and Shiprepairing Industry, which reads as follows: " 1. DEFINITION OF TERMS "The terms 'shipbuilder' and 'shiprepairer ', when used in this Code, include a perso n, partnership, or corporation engaged in the business of building, fabricating, repairing, reconstructing, remodeling, and assembling oceangoing, harbor and inland water-way vessels, and floating marine equipment of every type above ten tons, including the building within their plants of machinery, equip ment, and other ship' parts." Since the effective date of the Shipbuilding and Shiprepairing Code, August 5, 1933, it has developed that the definition was too inclusive and covered too wide a scope of operations inasmuch as it brought within the cope of the Snipbuilding and Shiprepairing Cod e practically the entire operations of the smaller Boatbuilding and Boatrepairing Industry, whose activities and conditions are of sufficiently different character to warrant a separate code. The specific amendment proposed by the Shipbuildin~ and Shiprepairing Industry and as amended at the hearing is as follows: "The terms 'shipbuilder' and 'shiprepairer ', when used in this Code, include a pers on, partnership, or corporation engaged in the business of building, fabricating, repairing, reconstructing, remodeling, and assembling oceangoing, harbor and inland water-way ves sels, and floating marine equipment of every type, excep t "A. Steel pleasure craft and steel yachts of 125' or under in length overall. " B. "\V ooden fishing schoo ners 50' or under in length overall, wooden trawlers 50' or under in length overall, and wooden harbor tugs 50' or under in length overall. (2)

PAGE 5

3 " C. All other wooden commercial vessels 7 5 ' or under in length. "The terms 'shipbuilder' and 'shiprepairer' also inclucfe the building within their plants of machinery, equipment and other ship's parts." The facts brought to light in this hearing revealed that a further modification of the amendment was necessary. The following definition fo r the Shipbuilding and Shiprepairing Industry has resulted from the reconv ening of the hearing in the Deputy's office on March 21, 1934: "A. The term' Shipbuilding and Shiprepairing Industry' means: "1. The building, fabricating, r epairing, reconstructing, remodeling and a s s embling of all vessels and floating m arine equipment except: " (a) , v ooden boats and ves els and wooden floating marine equipment. "(b) Pleasure boats and yachts, both wood e n and/or metal up to and including one hundred and fifty (150) feet in length overall. "2. The building within shipbuilding and shiprepairing plants of machinery, equipment and other ship's parts. " B. The term ' ~rfernber of the Industry ' means any perso n, partner hip corporation, association, trust, trustee or receiv e r engaged in the Shipbuilding and Shiprepairing Industry, either as an employer or on h i s or its own behalf." It was dev eloped that the definition as finally amended would best divide the activities of the two industries and cause the leas t amount of overlapping between the two codes. The D eputy Administrator in his final report to me on said amenclment to said Code, having found as herein set forth and on the basis of all the proceedings in this matter: I find that: (a) The amendment to said Code and the Code as amended are well designed to prom.ote the policies and purposes of Title I of the N.ational Industrial Recovery Act including the removal of obstructions to the free flow of interstate and foreign commerce which tend to diminis h the amount thereof, and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among trade groups, by inducing the maintaining united action of labor and management under adequate governmental sancti on and supervision, by eliminating unfair competitive pract ic es, by prc n10ting the fullest possible utilization of the present productive capacity of industries, by avoiding undue restriction of production ( except as may be temporarily required), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. (b) The Code as amended complies in all re s pects with the pertinent provisions of said Titl~ of said Act, including without limitation subsection (a) of Section 3, subsection (a) of Section 7 and sub section (b) of Section 10 thereof. ( c) The amendment and the Code as amended are not designed to and will not permit monopolies or monopolistic practices.

PAGE 6

4 (
PAGE 7

AMENDMENT TO CODE OF FAIR COMPETITION FOR THE SHIPBUILDING AND SHIPREP AIRING INDUSTRY 1. DEFINITION OF TERMS A. The term "Shipbuilding and Shiprepairing Industry" means: 1. The building, fabricating, repairing, recon tructing, remodeling and assembling 0 all vesse ls and floating marine equipment except : (a) Wooden b oats and vessels and wooden floating marine equip ment. (b) Pleasure boat and yachts , both wooden and/or metal up to and including one hundred and fifty (150) fe e t in length over all. 2. The building within shipbuilding and shiprepairing plants of machinery, equipment and other ship's parts. B. The term " Member o f the Industry " means any perso n, partnership, corporation, association, trust, tru tee, or receiver engaged in the Shipbuilding and Shiprepairing Industry, either as an employer or on his or its own behalf. Approved Code No. 2. Amendment No. 2. Registry No. 1408-1-01. (5) 0

PAGE 8

UNIVERSITY OF FLORIDA II I II IIIIII Ill Ill lllll lllll II IIIIII II IIIIII II 1111111111111111111 3 1262 08584 7233