Citation
Amendment to code of fair competition for the lumber and timber products industry as approved on March 30, 1934

Material Information

Title:
Amendment to code of fair competition for the lumber and timber products industry as approved on March 30, 1934
Portion of title:
Lumber and timber products 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:
7 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Lumber trade -- United States ( lcsh )
Forest products -- United States ( lcsh )
Forestry 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. 313-1-06."
General Note:
"Approved Code No. 9--Amendment No. 6."

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:
004931558 ( ALEPH )
63654511 ( OCLC )

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NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO
CODE OF FAIR COMPETITION

FOR THE


LUMBER AND

TIMBER PRODUCTS INDUSTRY


AS APPROVED ON MARCH 30, 1934


4NRA
No"Offiltr A


WE DO OUR PART


I ii


UNITED STATES '
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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


Approved Code No. 9---Amendment No. 6


Registry No. 313-1-06


I I
























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.
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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.
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Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
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Approved Code No. 9-Amendment No. 6


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
LUMBER AND TIMBER PRODUCTS INDUSTRY

As Approved on March 30, 1934

ORDER

APPROVING AMENDMENTS OF CODE OF FAIR COMPETITION FOR THE
LUMBER AND TIMBER PRODUCTS 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 16th, 1933, for approval of amend-
ments to the Code of Fair Competition for the Lumber and Timber
Products Industries, and hearing having been held thereon and the
annexed report on said amendments, 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 Presi-
dent, including Executive Order number 6543-A, dated December
30th, 1933, and otherwise, do hereby incorporate by reference said
annexed report and do find that said amendments 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 amendments
be and are hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety, as amended; provided that:
1. This approval and said amendments shall not become effective
for a period of fifteen (15) days after the date hereof, in order that
consideration may be given the objections thereto, if any, of inter-
ested parties; at the expiration of such period this Order shall be-
come effective unless I, by my further order, otherwise determine.
2. Within ninety (90) days after the date hereof, the Railway
Tie Association and the Lumber Code Authority shall make further
study and investigation with a view to determining whether the con-
stitution of the Coordinating Committee and the Subdivision Admin-
istrative Agencies of the Railroad Cross Tie Division are truly rep-
resentative of the Railroad Cross Tie Division in the respective
Districts and shall report to me the results of such studies and such
other information as I may request prior to the expiration of such
ninety day period; and
50217---425--186--341 1





2

3. Within one hundred twenty (120) days after the date hereof the
constitution of the Coordinating Committee and the Subdivision
Administrative Agencies shall be reviewed by me and may be
modified by my further order, if I should determine that such Com-
mittee and Agencies are not truly representative and in other respects
do not comply with the provisions of the National Industrial
Recovery Act.
HUGH S. JOHNSON,
Admn.inistrator For Industrial Recovery.
Approval recommended:
A. R. GLANCY,
Division Admin.istrator.
WASHINGTON, D.C.,
March 30, 1934.












REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: On August 19, 1934, you approved a Code of Fair Competi-
tion for the Lumber and Timber Products Industries.
This is a report on a Hearing on Amendments No. 38, 39, 40 and
41 to that Code, conducted in the Oak Room of the Raleigh Hotel,
on February 2, 1934. The Amendments contemplate the establish-
ment of a Railroad Cross Tie Division of the Lumber and Timber
Products Code, and were presented by representatives of the cross
tie industry said to represent fifty percent of the volume of wooden
railroad cross ties manufactured and distributed in the United
States.
In 1928 approximately 53,000 workers were employed in the rail-
road cross tie industry and the sales for that year were estimated at
85,000,000 ties. In 1933 the production was estimated at 40,000,000
ties and only 30,000 men were employed in the production processes.
Accurate in-formation concerning the minimum wages now paid in
the industry is missing, but the evidence indicates that minimum
wage scales have been decreased to a level insufficient to maintain
decent standards of living. The Amendments correlate the wages
and hours of those employed in the cross tie industry with those who
are engaged in similar occupations now under the jurisdiction of the
Lumber and Timber Products Code. The Amendments will also
make subject to the conservation provisions of the Lumber and Tim-
ber Products Code many wood lots that are now exempt. The ad-
ministrative agencies for this Division are organized in accordance
with geographical and specie divisions.
The Deputy Administrator in his final report to me on said
Amendments 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 Amendments 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 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 and
maintaining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restrictions 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
(3)







unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(c) The Amendments 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.
(d) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said Amendments.
(e) The evidence intended to show that the representatives of
the industry submitting the Amendments and the administrative
agencies established by the Amendments are truly representative of
the manufacture of wooden railroad cross ties is not conclusive, and a
final determination cannot be made until additional statistical data
is collected.
For these reasons, the Amendments have been approved for a trial
period of one hundred twenty days, during which time the industry
shall submit to me such reports and information as I may request in
order to obtain facts and evidence from which a final determination
of the representative character of the administrative agencies
established by these Amendments can be made.
Respectfully,
HUGH S. JOHNSON,
Addmnidtrator.
MARCH 30, 1934.













AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE LUMBER AND TIMBER PRODUCTS INDUSTRY

AMENDMENT NUMBER 38: In Article VII, Subsection (d) at the
end of the paragraph headed Western Pine after the line South
of 38 deg. North latitude ----24 ", add the following:
Railroad Cross Tie-----The minimum wage in this Division
shall be not less than that hereinabove specified for employees in
other Divisions and Subdivisions of this Code in the same region or
locality performing work similar to that performed by employees in
this Division."
AMENDMENT NUMBER 39: In Schedule A at the end of Section 38,
add the following new Subsection:

39. RAILROAD CROSS TIE DIVISION

"Division-(Article II (c)): The Railroad Cross Tie Division
consists of manufacturers and distributors of railroad cross ties.
Products-(Article II (a)) : Railroad cross ties of all species of
wood, either sawed or hewn, but excepting the preservative treatment
of railroad cross ties.
"Administrative Agencies-(Article III):
"(a) Subdivisions.-The Railroad Cross Tie Division shall be
composed of the following subdivisions:
"District No. 1. Northeastern Subdivision, which includes the
States of Maine, Vermont, New Hampshire, Massachusetts, Con-
necticut, Rhode Island, New Jersey, New York, Delaware and
Pennsylvania.
"District No. 2. North Central Subdivision, which includes the
States of Indiana, Ohio and Illinois.
"District No. 3. Appalachian Subdivision, which includes the
States of Maryland #1, Virginia #1, West Virginia, North
Carolina #1, Kentucky #1, South Carolina #1, Tennessee #1 and
Georgia #1.
"District No. 4. Northern Subdivision, which includes the States
of Michigan, Wisconsin, Minnesota, North Dakota, Nebraska and
Iowa.
"District No. 5. Southern Subdivision, which includes the States
of Arkansas, Missouri, Oklahoma, Maryland, #1, Virginia #1,
Texas, Georgia #1, Florida, North Carolina #1, Kentucky #1,
Alabama, Louisiana, Mississippi, Kansas, South Carolina #1 and
Tennessee #1.
"District No. 6. Western Subdivision, which includes the States
of Idaho, Montana, Wyoming, Utah, Colorado, Nevada, New Mexico
and Arizona.
"District No. 7. West Coast Subdivision, which includes thI
States of Washington, Oregon and California.







NOTE #1.-States designated #1 are in two Districts. Group 8
includes Appalachian Territory and Group 5 includes Southern
Hardwood Subdivision as defined in this Code.
(b) Subdivision Administrative Agencies.-The Subdivision Ad-
ministrative Agencies in the respective subdivisions for each District
shall consist of a committee of three (3) members in Districts num-
ber 1,.2, 4, 6, and 7 and a committee of six (6) members in Districts
number 3 and 5. In Districts number 1, 2, 4 and 6, one member of
each committee shall be selected by members of the Railway Tie
Association in each such District; two members shall be elected by
manufacturers and distributors of railroad cross ties in each such
District who are not members of the Railway Tie Association; such
elections to be conducted within twenty days after the effective date
hereof by the appropriate division or subdivision agency or agen-
cies of the Lumber Code Authority in the same region or locality, pro-
vided that:
"(1) In Districts number 3 and 5 the Subdivision Administrative
Agencies shall consist of six (6) members, four of whom shall be
selected by the members of the Railway Tie Association in each
District, and two of whom shall be elected by manufacturers and
distributors of railroad cross ties in each District who are not mem-
bers of the Railway Tie Association; such elections to be conducted
within twenty days after the effective date hereof by the appropriate
Division or Subdivision Agency of the Authority in the same region
or locality;
(2) The Subdivision Administrative Agency in District num-
ber 7 shall consist of three (3) members, all of whom shall be elected
by manufacturers and distributors of railroad cross ties in that Dis-
trict who are not members of the Railway Tie Association; such
election to be conducted within twenty days after the effective date
hereof by the appropriate Division or Subdivision Agencies of the
Authority in the same region or locality;
"(c) Railroad Cross Tie Coordinatzng Committee.-A Railroad
Cross Tie Coordinating Committee shall be established by the above
Subdivision Administrative Agencies as follows:
Six (6) members of the Coordinating Committee shall be elected
by fair and reasonable methods by manufacturers and distributors
of railroad cross ties in Districts number 3 and 5, five of whom shall
be members of the Railway Tie Association and one of whom shall
be a non-member of the Railway Tie Association; one member shall
be selected by the Administrative Agency for the District number 7;
one member shall be selected by the Administrative Agency for
District number 1; 2 members shall be selected by the Administrative
Agency for District number 6, one of whom shall be a member of
the Railway Tie Association and one of whom shall be a non-member
of the Railway Tie Association; and the Administrative Agencies
of Districts number 2 and 4 shall jointly select one member who shall
be a non-member of the Railway Tie Association.
(d) The Coordinating Committee is authorized to make such
rules and regulations as may be necessary to administer the Code in
this Division and may designate and authorize such agencies as may
be necessary for this purpose.






7

"(e) The provisions of Articles VIII and IX of this Code shall
not be operative with respect to any subdivision of this Division
until such time as the Administrative Agency for that subdivision
shall have made application to and secured the approval of the
Authority. Until such time as the Coordinating Committee is duly
organized an application for the operation of Articles VIII and IX
may be made by the subdivision Administrative Agency direct to
the Authority."
AMENDMENT NO. 40: In Article XVI add:
Subsection (d). The provisions of Schedule B shall be inoper-
ative with respect to the Railroad Cross Tie Division until such
time as the Coordinating Committee of that Division shall submit
and secure the approval of appropriate rules of fair trade practice
for that Division."
AMENDMENT NO. 41: In Schedule A, in the section headed Hard-
wood Division ", in the paragraph defining Products ", strike out
" sawn ties."
Approved Code No. 9-Amendment No. 6.
Registry No. 313-1-06.

















































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Full Text

PAGE 1

Approved Code No. 9-Amendment No. 6 Registry No. 313-1-06 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE LUMBER AND TIMBER PRODUCTS INDUSTRY AS APPROVED ON MARCH 30, 1934 WE DO OUR PART . --.. --I a l I O -:-:::: . u.s. oepOMT<>M' UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 I I f For sale by the Superintendent of Documents, Washington, D.C. ---I I ---Price 5 cents y

PAGE 2

This publication is for sale by the Superintendent of Documents, Government J?rinting Office, Washington, D.C., and by district offices of the Bureau o:t Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEP .ARTMENT 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. Iudianapolis, Ind. : Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. Kansn s City, Mo.: 1028 Baltimore Avenue. Los Angeles, Calif. : 1163 South Broadway. Louisville, Ky.: 408 Federal Building. M mphis, Tenn. : 229 Federal Bui.lding. Minne apolis, Minn. : 213 Federal Building. New Orleans, La. : Room 225-A, Customhouse. New York, N.Y.: 734 Customhouse. Norfolk, V~.: 406 East Plume Street. Philade1phia Pa.: 422 Commercial Tru t Building. Pittsburgh, Pa.: Chamber of Commerce Building. Portland, Oreg. : 215 New Post Office Building. St. Louis, Mo. : 506 Olive Street. San Francisco, Cal:f.: 310 Customhouse. Seattle, Wash.: 809 Federal Office Building.

PAGE 3

Approved Code No. 9-Amendment No. 6 AMENDMENT TO CODE OF FAIR COMPETITION FOR TI-IE LUMBER AND TIMBER PRODUCTS INDUSTRY As Approved on March 30, 1934 ORDER APPROVI:N'G AMENDMENTS OF CoDE OF FAIR CoMPETITION FOR THE LUMBER AND TIMBER PRODUCTS 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 16th, 1933, for approval of amendments to the Code of Fair Competition for the Lumber and Timber Products Industries, and hearing having been held thereon and the annexed report on said amendments, containing findings with respect thereto having been made and directed to the President; NOW, THEREFORE, On behalf of the President of the United States .I, Hugh S. Johnson, Administrator for Industrial Recovery, pursuant to authority vested in me by Executive Orders of the President, including Executive Order number 6543-A, dated December 30th, 1933, and otherwise, do hereby incorporate by reference said annexed report and do find that said amendments 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 amendments be and are hereby approved, and that the previous approval of said Code is hereby modified to include an approval of said Code in its entirety, as amended; provided that: 1. This approval and said amendments shall not become effective for a period of fifteen (15) days after the date hereof, in order that consideration may be given the objections thereto, if any, of interested parties; at the expiration of such period this Order shall be come effective unless I, by my further order, otherwise determine. 2. vVithin ninety (90) days after the date hereof, the Railway Tie Association and the Lumber Code Authority shall make further study and investigation with a view to determining whether the constitution of the Coordinating Committee and the Subdivision Administrative Agencies of the Railroad Cross Tie Division are truly rep resentative of the Railroad Cros s Tie Division in the respective Districts and shall report to me the results of such studies and such other information as I may request prior to the expiration of such ninety day period; and 50217-425-186-34 (1)

PAGE 4

3. ,vithin on on titution f dmini tra tiY 2 H-c H . J OHX ... - • Adm.in, ist,ator For Industrial R co2 r,ry. Approval rec mended: A. R. GLA Y, Division Admin' trator. WA IDNGTON, D.C., March 30, 1934.

PAGE 5

REPORT TO THE PRESIDENT The PRESIDENT, The White House. Srn: On August 19, 1934, you approved a Code 0 Fair Competition for the Lumber and Timber Products Indu,stries. This is a report on a Hearing on Amendments No. 38, 39, 40 and 41 to that Code, conducted in the Oak Room 0 the Raleigh Hotel, on February 2, 1934. The Amendments contemplate the establishment of a Railroad Cross Tie Di vision of the Lumber and Timber Products Code, and wer e presented by repres entatives 0 the cross tie industry said to repre, sent fifty percent of the volume of wooden railroad cross ties manufactured and distributed in the United States. In 1928 approximately 53,000 workers were employed in the railroad cro s s tie industry and the sales for that year were estimated at 85,000,000 ties. In 1933 the production was estimated at 40,000 , 000 ties and onl y 30,000 men were employed in the production proce,sses. Accurate information concerning the minimum wages now paid in the industry is mis sing, but the evidence indicates that minimum wage scales have be e n d e creased to a level insufficient to maintain decent standards of living. The Amendments correlate the wages and hours of those employed in the cros , s tie industry with thos e who are engaged in similar occupations now unde r the juris diction of the Lumber and Timber Products Code. The Amendments will also make subject to the conservation provis ions of the Lumber and Timber Products Code many wood lots that are now ex empt. The a dministrative agencies for this Divis ion are organized in accordan c e with geographical and specie divisions. The Deputy Administrator in his final report to me on said Amendments 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 Amendments to said Code and the Code as amended are well designed to promote the polici e s and purposes of Title I of the Nationa l Industrial Recovery Act including the removal of obstructions to the free flow of interstate and fore ign comm e rce which tend to diminish the amount thereof, and will provide for the g eneral welfare by promoting the organization of industry for the purpos e of cooperative action among trade groups, by inducing and maintaining united action of labor and m anagement unde r ade quate governm ental sanction and supervis ion , by eliminating u n f air com petitive practices, by promoting the fulle s t possible utiliz a tion of the present productive capacity of industries, by avoiding und ue restrictions of production ( e x cept a s m a y be t empo r arily r eq u i r ed), by increasing the con sumption of industrial and agricultural prod u cts through increa sing purchasing pow e r , by r educing and reli eving (3)

PAGE 6

4 un mplo ment by impro ino-:tandarcl f labor, and b otherwi e rehabilitating indu ry. (b) Th m ndn ent and the ode a amen l d are n t designed to and will 11 t p ermit mon poli or monopoli tic pra ti e . ( c) The m n lment and the ode a amended are not de igned t and will n t liminat or oppr . mall ent rpri e and will n t op rate to di riminate again t th m. ( d) Tho e no-aoed in oth r t p of the economic process ha,e not been depriY d of the rio-ht to be h ard prior to approval of aid Amendm nt . ( e) The vi l nee intended to how that the repre entatives of the indu tr ubmitting the Amendments and the admini tratiYe agencie e tabli bed by the An1endments are trul r pre ntatiYe of the manufacture of wooden railroad cro tie i not conclu ive and a final determination cannot be made until additional stati tic.al data i collected. For these rea ons the Amendments have been approv cl for a trial period of one hundred twenty da r s, during which time the industry shall submit to me such reports and information as I may reque t in order to obtain facts and evidence from which a final determination of the representative character of the admini tratiYe agencies established by these Amendments can be made. Respectfully, HuGH S. JoH soN, A dmiwisflrator. MARCH 30, 1934.

PAGE 7

AMENDMENT TO CODE OF FAIR COMPETITION FOR THE LUMBER AND TIMBER PRODUCTS INDUSTRY AMENDl\IENT NUMBER 38 : In Article VII, Subsection ( d) at the end of the paragraph headed "Western Pine " after the line " South of 38 deg. North latitude ______ 24 ", add the following: "Railroad Cross Tie ______ The minimum wage in this Divis ion shall be not less than that hereinabove specified for employees in other Divisions and Subdivisions of this Code in the same region or locality performing work similar to that performed by employees in this Division." AMENDMENT NUMBER 39: In Schedule A at the end of Section 38, add the following new Subsection: " 39. RAILROAD CRoss Tm DIVISION " Division-( Article II ( c) ) : The Railroad Cross Tie Di vision consists of manufacturers and distributors of railroad cross ties. " Products-( Article II (a) ) : Railroad cross ties of all species of wood, either sawed or hewn, but excepting the preservative treatment of railroad cross ties. "AdministraJtive Age nci es-(Article III) : " (a) Subdivisions.-The Railroad Cross Tie Division shall be composed of the following subdivisions: "District No. 1. Northeastern Subdivis ion , which includes the States of Maine, Vermont, New Hampshire, Massachusetts, Con necticut, Rhode Island, New Jersey, New York, Delaware and Pennsy 1 vania. "District No. 2. North Central Subdivision, which includes the States of Indiana, Ohio and Illinois. "District No. 3. Appalachian Subdivision, whi c h includes the States of Maryland #1 , Virginia #1, West Virginia, North Carolina #1 , Kentucky #1, South Carolina #1, Tennessee #1 and Georgia #1. "District No. 4. Northern Subdivis ion, which includes the States of Michigan, vVisconsin, Minnesota, North Dakota, Nebraska and Iowa. "District No. 5. Southern Subdivision, whi c h includes the States of Arka n s a s , Mis s ouri, Okla hom a , Maryland, #1, Virginia #1, Texas, G eorgia #1, Florida, North C arolina #1 Kentucky #1 , Alaba m a , Louis iana, Mis sis sippi, Kans as, South Carolina #1 and Tennes see #1. "District No. 6. Western Subdivis ion , which includ e s the State s of Idaho, Montana, Wyoming, Utah, Colorado, Nevada, New M ex ico and Arizona. "District No. 7. West C o a s t Subdivis ion, which include s t h e States of vy ashington, Orego n and California. -(5)

PAGE 8

G " .... ~ OTE #1.-tates de. iunated #1 ar in two Di tricts. Group 3 includes Appalachian Territory and roup 5 in lud outh rn Hardwood Sub 1ivi s ion a d fine l in thi ode. ' (b) ubdivi ion Adm, ini.strati1 . • e Agenci s.-The ub li i s ion dmini trative a n ie in the re pecti e ubdivi ion for ach Dj -trict shall consi t of a committee of thr e (3) m mber in Di tri ts nrun b er 1 2, 4, 6, and 7, and a committee of six ( 6) memb r in Di trict, number 3 and 5. In Distri ts number 1, 2 4 and 6, on m mber of each committee shall b elected by members of th Railway Tie 'A ociation in ea h uch Di trict; two members shall be 1 cted by n 1anufacturers and di tributor of railroad cro tie in each uch District who are not members of the Railwa Tie sociation: such elections to be conducted within twenty da after the effectfre date hereof by the appropriate division or subdivision agen y or agen cies of the Lumber Code Authority in the ame region or locality pro vided that: (1) In Districts numbr 3 and 5 the Subdivision Admini trati e Agencies shall consist of six (6) members, four of whom shall be s elected by the members of the Railway Tie Association in each Di trict, and two of whom shall be elected by manufacturers and distributors of railroad cross ties in each District who are not mem bers of the Railway Tie Association; such elections to be conducted within twenty days after the effective date hereof by the appropriate Division or Subdivision Agen cy of the Authority in the same region or locality; " (2) The Subdivision Administrative Agency in District num ber 7 shall consist of three ( 3) members, all of whom shall be elected by manufacturers and distributors of railroad cross ties in that District who are not members of the Railway Tie Association; such election to be conducted within twenty days after the effective date hereof by the appropriate Division or Subdivision Agencie of the Authority in the same region or locality; " ( c) Railroad Oross Tie Coordinating Oommitte e.-A Railroad Cross Tie Coordinating Committee shall be established by the above Subdivision Administrative Agencies as follows: "Six (6) members of the Coordinating Committee shall be elected by air and reasonable methods by manufacturers and distributors of railroad cross ties in Districts number 3 and 5, five of whom shall be members of the Railway Tie Association and one of whom shall be a non-member of the Railway Tie Association; one member hall be selected by the Administrative Agency for the District number 7; one member shall be selected by the Administrative Agenc for District number 1 i 2 member s shall be selected by the Administrative Agency for District number 6, one of whom shall be a member of the Railway Tie Association and one of whom shall be a non-member of the Railway Tie Association; and the Administrative Agencies of Districts number 2 and 4 shall jointly select one member who shall be a non-member of the Railway Tie Association. " ( d) The Coordinating Committee is authorized to make such rules and regulations as may be necessary to administer the Code in this Divis ion and may designate and authorjze uch ag ncies as may be ne ces ary for thi purpose.

PAGE 9

7 " ( e) The provisions of Articles VIII and IX of this Code shall not be operative with respect to any subdivision of this Division until such time as the Administrative Agency for that subdivision shall have made application to and secured the approval of the Authority. Until such time as the Coordinating Committee is duly organized an application for the operation of Articles VIII and IX may be made by the subdivision Administrative Agency direct to the Authority." AMENDMENT No. 40 : In Article XVI add : " Subsection ( d). The provisions of Schedule B shall be inoper ative -with respect to the Railroad Cross Tie Division until such time as the Coordinating Committee of that Division shall submit and secure the approval of appropriate rules of :fair trade practice for that Division." AMENDMENT No. 41: In Schedule A, in the section headed" Hardwood Division", in the paragraph defining "Products", strike out "sawn ties." Approved Code No. 9--Amendment No. 6. Registry No. 313-1----00. 0

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