Citation
Amendment to code of fair competition for the construction machinery distributing trade as approved on April 20, 1935

Material Information

Title:
Amendment to code of fair competition for the construction machinery distributing trade as approved on April 20, 1935
Portion of title:
Construction machinery distributing trade
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
3 p. : ; 24 cm.

Subjects

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

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1399-17."
General Note:
"Approved Code No. 223--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:
004931495 ( ALEPH )
646188138 ( OCLC )

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Full Text







NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE

CONSTRUCTION MACHINERY

DISTRIBUTING TRADE



AS APPROVED ON APRIL 20, 1935


WE DO OUR PART


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UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


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


Approved Code No. 223-Amendment No. 2


Registry No. 1399-17

























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D. C., and by the following N. R. A. offices:

Atlanta, Ga.: 625 Citizens & Southern National Bank Building.
Baltimore, Md.: 130 Customhouse.
Birmingham, Ala.: 201 Liberty National Life Building.
Boston, Mass.: Room 1200, 80 Federal Street.
Buffalo, N. Y.: 219 White Building.
Chicago, Ill.: Room 204, 400 North Michigan Avenue.
Cleveland, Ohio.: 520 Bulkley Building.
Dallas, Tex.: 1212 Republic Bank Building.
Detroit, Mich.: 415 New Federal Building.
Houston, Tex.: 403 Milam Building.
Jacksonville, Fla.: 425 United States Courthouse and Post Office
Building.
Los Angeles, Calif.: 751 Figueroa Street, South.
Louisville, Ky.: 408 Federal Building.
Minneapolis, Minn.: 900 Roanoke Building.
Nashville, Tenn.: 415 Cotton States Building.
Newark, N. J.: 434 Industrial Office Building, 1060 Broad Street.
New Orleans, La.: 214 Customhouse.
New York, N. Y.: 45 Broadway.
Oklahoma City, Okla.: 427 Commerce Exchange Building.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: 401 Law and Finance Building.
Portland, Oreg.: 407 Park Building.
Providence, R. I.: National Exchange Bank Building, 17 Exchange
Street.
St. Louis, Mo.: Suite 1220, 506 Olive Street.
San Francisco, Calif.: Humbolt Bank Building, 785 Market Street.
Seattle, Wash.: 1730 Exchange- Building.













Approved Code No. 223-Amendment No. 2


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

CONSTRUCTION MACHINERY DISTRIBUTING
TRADE

As Approved on April 20, 1935


ORDER

APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE CON-
STRUCTION MACHINE ERY DISTRIBUTING TRADE
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 the Code of Fair Competition for the Construction Machin-
ery Distributing Trade, 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, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order Number 6859, dated September 27, 1934, and other-
wise, does hereby incorporate by reference, said annexed report and
does find that said amendment and that 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 does hereby order that said amendment be and it is hereby
approved, and that the previous approval of said Code is hereby
amended to include an approval of said Code in its entirety as
amended, such approval and such amendment to take effect twenty
(20) days from the date hereof, unless good cause to the contrary
is shown to the National Industrial Recovery Board before that time
and a subsequent order to that effect is issued.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Admbninstrative Officer,
Approval recommended:
HARRY C. CARR,
A citing Division Administrator.
WASHINGTON, D. C.,
April 20, 1935.
130464--1749-51-35 (1)









REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on an amendment to the Code of Fair Com-
petition for the Construction Machinery Distributing Trade. This
amendment was proposed in accordance with Article X, Section 2
of the Code, approved January 23, 1934.
This amendment to the Child Labor Provisions of the Construc-
tion Machinery Distributing Trade is the standard clause on haz-
ardous occupations and is in accordance with the accepted policy of
the National Recovery Administration. It provides that the Code
Authority shall submit to the National Industrial Recovery Board a
list of such operations or occupations within thirty days after the
approval of this amendment.

FINDINGS

The Deputy Administrator in his final report to the National In-
dustrial Recovery Board on said amendment to said Code having
found as herein set forth and on the basis of all the proceedings in
this matter:
It finds 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 wel-
fare by promoting the organization of industry for the purpose of
cooperative action of labor and management under adequate govern-
mental sanction and supervision, by eliminating unfair competitive
practices, by promoting the fullest possible utilization of the present
productive capacity of industries, by avoiding undue restriction of
production (except as may be temporarily required), by increasing
purchasing power, by reducing and relieving unemployment, by im-
proving standards of labor, and by otherwise rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provision of said title of said act, including without limitation
sinlsection (a) of section 3, subsection (a) of section 7 and subsection
(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.
(d) The anilenilnent 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 proce-s have
not lbein deprived of the right to be heard prior to approval of said
illl.ndillniit.
For these reas-ons, this aniendmient has bleen approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
Admin;dstratice Officer.
APRIL 20, 1935.









AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE CONSTRUCTION MACHINERY DISTRIBUTING
TRADE

Amend Article V, Section 1 to read as follows:
"No person under sixteen (16) years of age shall be employed in
the Trade, nor anyone under eighteen (18) years of age at opera-
tions or occupations hazardous in nature or detrimental to health.
The Code Authority shall submit to the National Industrial Recov-
ery Board for approval within thirty (30) days after the approval
of this Amendment a list of such hazardous operations or occupa-
tions. In any State an employer shall be deemed to have complied
with this provision as to age if he shall have on file a certificate or
permit, duly issued by the Authority in such State empowered to
issue employment or age certificates or permits showing that the
employee is of the required age."
Approved Code No. 223-Amendment No. 2.
Rtegistry No. 1399-17.
(3)









































Digitized by the Internet Archive
in 2011 with funding from
University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation


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3 1262 08582 9173




Full Text

PAGE 1

Approved Code No. 223-Amendment No. 2 Registry No. 1399-17 NATIONAL RECOVERY ADMINI STRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE CONSTRUCTION MACHINERY DISTRIBUTING TRADE u. AS APPROVED ON APRIL 20, 1935 WE DO OUR PART UNITED STATES GOVERNMENT PRINTIN G OFFICE WASHINGTON: 1935 For sale by the Superintendent of Documents, Washington. D . C. • • • • ---Price 5 cents

PAGE 2

This publication is for sale by the Superintendent of Documents, Government Printing Office, Washington, D. C., and by the following N. R . A. offices: Atlanta, Ga.: 625 Citizens & Southern National Bank Building. Baltimore, Md. : 130 Customhouse. Birmingham, Ala.: 201 Liberty National Life Building. Boston, Mass. : Room 1200, 80 Federal Street. Buffalo, N. Y.: 219 White Building. Chicago, Ill.: Room 204, 400 North Michigan Avenue. Cleveland, Ohio. : 520 Bulkley Building. Dallas, Tex. : 1212 Republic Bank Building. Detroit, Mich. : 415 New Federal Building. Bou ton. Tex. : 403 Milam Building. Jacksonville, Fla.: 42..5 United States Courthouse and Post Office Building. Los Angeles, Calif. : 751 Figueroa Street, South. Louisville, Ky.: 408 Federal Building. Minneapolis, Minn. : 900 Roanoke Building. Nashville, Tenn.: 415 Cotton States Building. Newark, N. J. : 434 Industrial Office Building, 1060 Broad Street. New Orleans, La.: 214 Customhouse. New York, N. Y.: 45 Broadway. Oklahoma City, Okla.: 427 Commerce Exchange Building. Philadelphia, Pa. : 933 Commercial Trust Building. Pittsburgh, Pa.: 401 Law and Finance Building. Portland, Oreg. : 407 Park Building. Providence, R. I.: National Exchange Bank Building, 17 Exchange Street. St. Louis, Mo.: Suite 1220, 506 Olive Street. San Francisco, Calif. : Rumbolt Bank Building, 785 Market Street. Seattle, Wash.: 1730 Exchange Building.

PAGE 3

Approved Code No. 223-Arnendment No. 2 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE CONSTRUCTION MACHINERY DISTRIBUTING TRADE As Approved on April 20, 1935 ORDER APPROVIN a AJ\,IENDME T OF CooE OF FAIR COMPETITION FOR THE CoN -STRUCTION :MACHI11.TERY DISTRIBUTING TRADE An application having been duly made pursuant to and in full compliance with the provisions of Title I of the ational Industrial Recovery Act, approved June 16, 1933, for appro-val of an amendment to the Code of Fair Comp etition for the Construction Machinery Di tributing Trade, and the annexed report on aid amendment, containing findings with respect thereto, having been made and directed to the President: NOW, THEREFORE, on b ehalf of the Presiden t of the United States, the National Industrial Recovery Board, pur uant to authority vested in it by Executive Orders of t he Pres ident, including Executive Order Number 6859, dated S eptembe r 27, 1934, and other wise, does hereby incorporate by reference, said annexed report and does find that said amendment and that Code as constituted after being amended comply in all resp ects with the pertinent provi ions and will promote the policy and purposes of said Title of said Act, and does hereby order that said amendment be and it i s hereby approved, and that the previou approval of aid Code is hereby amended to include an approval of said Code in its entirety as amended, such approval and such amendment to take effect twenty (20) days from the date hereof, unless good cau e to the contrary is shown to the ational Industrial Recovery Board before that time and a subsequent order to that effect is issued. JATIONAL INDUSTRIAL RECOVERY BOARD, By W. A. HARRIMAN, Admii nistrative Offic e r. Approval recomm ended: HARRY c. CARR, Acting Division Ad1ninistrator. WA HINGTO D. c., April fO, 1935. 130464-1749-51-35 (1)

PAGE 4

REPORT TO THE PRESIDENT The PRESIDENT, The White Hous e . Sm: This is a report on an amendment to the Code of Fair Com petition for the Construction Machinery Distributing Trade. This amendment was propose d in accordance with Article X, Section 2 of the Code, approved January 23, 1934 . This amendment to the Child Labor Provisions of the Construc tion Machinery Distributing Trade is the standard clause on hazardous occupations and is in accordance with the accepted policy of the National Recovery Administration. It provides that the Code Authority shall submit to the National Indu trial Recovery Board a list of such operations or occupations within thirty days after the approval of this amendment. FINDINGS The Deputy Administrator in his final report to the National Industrial Recovery Board on said amendment to said Code having found as h erein set forth and on the basis of all the proceedings in this matter: It find s 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 obstructions to the free flow of interstate and foreign commerce which tend to dimini h the amount thereof, and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action of labor and management under adequate governmental anction and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of indu tries, by avoiding undue restriction of production ( except as may be temporarily required), by increasing purchasing power, by reducing and relieving unemployment, by improving tandarc1 of labor, and by otherwise rehabilitating industry. (b) The Code as amended com plies in all respe cts with the p rtinent provision of said title of said act, including without limitation subsection (a) of sectio n 3, sub ection (a) of section 7 and sub ection (b) of ection 10 thereof. ( c) The amendment and the Code as amended are not designed t and will not permit monopoli or monopolistic practi es. ( d) The am ndment and the Code as am nded are not desio-ned to and wi ll not eliminate or oppress small enterprises and will not op rate to di riminate against them. ( e) Th e eno-ag d in other t ps of the economic pr have not be n depriv d f the rioht to be h ard prior to appro al of aid amendm nt. For th For th r ason , thi amen lm nt has been approved. National Indu trial R ecovery Board: APRIL 20, 1935. (2) w. A. HARRIM N' Administrati e Offi er .

PAGE 5

AMENDME T TO CODE THE CO STRUCTION TRADE OF FAIR COMPETITIO FOR MACHI ERY DISTRIBUTI G Amend Article V Section 1 to read as follows: ' o per on under ixteen (16) year of age hall be employed in the Trade, nor anyone under eighteen (18) year of age at opera tions or occupations hazardous in nature or detrimental to health. The Code Authority shall ubmit to the National Indu trial Recov ery Board for approval within thirty (30) days after the approval of thi Amendment a list 0 such hazardou operations or occupation . In any State an employer shall be deemed to have complied with thi provi ion as to age if he hall have on file a certificate or permit duly is ued by the Authority in uch State empowered to issue employment or age certificates or p ermits showing that the employe i of the required age." Approved Cod e No. 223-Amendment No. 2. R e gistry No. 1399'--17. (3) 0

PAGE 6

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PAGE 8

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