Citation
Amendment to code of fair competition for the bituminous coal industry as approved on November 5, 1934

Material Information

Title:
Amendment to code of fair competition for the bituminous coal industry as approved on November 5, 1934
Portion of title:
Bituminous coal 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:
Bituminous coal industry -- Law and legislation -- United States ( lcsh )
Genre:
Federal Government Publication ( MARCTGM )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 702-45."
General Note:
"Approved Code No. 24--Amendment No. 4."

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:
63654868 ( OCLC )
ocm63654868

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Full Text






NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO
CODE OF FAIR COMPETITION
FOR THE

BITUMINOUS COAL INDUSTRY


AS APPROVED ON NOVEMBER 5, 1934


WE Do OUR PART


UNIV. OF FL LIS.
DOCU ENTS DEPT.




U.S. DEPOSITORY


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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


Registry No. 702-45


Approved Code No. 24-Amendment No. 4


























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.
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Approved Code No. 24--Amendment No. 4


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

BITUMINOUS COAL INDUSTRY

As Approved on November 5, 1934


ORDER

APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THI
BITUMINOUS COAL INDU>TI:Y
An application having been duly made purtsunnt to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16th, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Bituminous Coal Indus-
try as contained in a published Notice of Opportunity to File Ob-
jections, Administrative Order 24--52, dated August 1, 1934, and
amended to meet certain objections which were filed as provided in
said Published Notice and annexed report on said amendment, con-
taining 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, purIsuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order No. 6859, and otherwise, does hereby incorporate, by
reference, said annexed report and does find that said amendment
and the Code as constituted after being amended complies in all
respects with the pertinent provisions and will promote the policy
and the purposes of said Title of said Act, and does hereby order
that said amendment be and is hereby approved, and that the pre-
vious approval of said Code is hereby amended to include approval
of said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
Approval recommended:
W. P. ELLIs
Acting division Administrator.
WASHINGTON, D. C.,
November 5, 1934
95345-1325-24---34 (11











REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: An application has been duly made pursuant to and in full
compliance. with the pr1)ovi.ions of the National Industrial Recovery
Act, for an amendment to the Code of Fair Competition for the Bitu-
minous Coal Industry, submitted by the Code Authority for the said
Industry.
The existing provision of Article VII, Section 3 of the Code for
said Industry, is entirely inadequate in view of the necessity of ob-
taining reliable data and facts for use in studies of wages and prices
and in adininistering the provisions of the Code, and it is therefore
evident that the proposed amendment to Article VII, Section 3, of
said Code will overcome the existing inadequate provision.

FINDINGS

The Acting Deputy Administrator in his final report to us on the
amendment to the Code of Fair Competition for the Bituminous Coal
Industry having found as herein set forth and on the basis of all pro-
ceedings in this matter:
We 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 ob-
structions to the free flow of inter-tate and foreign commerce which
tond 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 including and main-
taining united action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required) by in-
creas.ing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
epjloymenlt, by improving standards of labor, and by otherwise
rehlabilitating industry.
(b) The Code as modified complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The Code empowers any Divisional Code Authority to present
the aforesaid amendment on behalf of the industry as a whole.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(2)





3

(e) 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.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendment.
Said amendment is accordingly approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
Administrative Officer.
NOVEMBER 5, 1934.












AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE BITUMINOUS COAL INDUSTRY

Delete Section 3 of Article VII and substitute in lieu thereof the
following:
SECTION 3. (a) Each Code Authority shall set up and maintain a
Statistical Bureau which shall be under the direction of a Managing
Director, who may be the Secretary of the Code Authority and who
shall not be an officer, director, or employee of any producer. All
producers shall, in their respective Sub-divisions, (or Divisions)
report all spot orders to such Bureau and shall file with such Bureau
copies of all contracts for the sale of coal, copies of all invoices,
copies of all credit memoranda and such other information concern-
ing the production and sale of coal as such Code Authority, with
the approval of its Presidential Member, may require.
(b) Each producer shall, in his Sub-division (or Division) file
all such reports and other information as de-cribed in sub-section (a)
above with the Statistical Bureau of the Sub-division (or Division).
Failure to file such reports or other information, or filing materially
inaccurate reports or other information, shall be a violation of the
Code.
(c) All such records shall be held by such Bureau as the confiden-
tial records of the producer filing such information, until the Code
Authority shall direct their return to the producer filing the same.
(d) Each Bllreaii shall, if so directed by the Code Authority,
compile from such records, in composite form and in such manner
as shall not be prejudicial to the interests of any producer, statistical
information with respect, to the sale and distribution of coal. None
of such records nor the information contained therein shall be dis-
clo-ed to anyone except as so compiled and except as hereinafter
provided in subsections (e) and (f) hereof in connection with
violations of the Code.
(e) The Managing Director shall examine such records and if
such examination shall, in the opinion of the Managing Director,
disclose a violation of the Code, the Managing Director shall report
such violation to the Presidential Member, together with any infor-
mation necessary to enable the Presidential Memnber to consider such
violation. In investigations of any complaint of unfair practices,
the Presidential Member of a Code Authority shall have power to
require such other reports from, and shall be given access to inspect
the books and records of producers within the jurisdiction of such
Code Authority to the extent he may deem necessary for the deter-
mination of the validity of the complaint.
(f) If the Presidential Member shall determine that any such
complaint as described in subsection (e) hereof discloses a violation
of the Code, the Presidential Member shall report such violation to
the Code Authority together with any reports or other information
(4)







filled in accordance with the provisions of this section which may
appear necessary to the Presidential Member to enable the Code
Authority to consider the merits of such violation and to take such
steps as it shall deem necessary to secure observance of the Code.
(g) All producers subject to the Code shall furnish to any gov-
ernment.agency or agencies designated by the Admini-trator such
statistical information as the Admini.itrlittor may from time to time
deem necessary for the purpose recited in Section 3 (a) of the Na-
tional Industrial Recovery Act.
(h) The expense of administering this Code by a Divisional (or
Sub-Divisional) Code Authority shall be borne by those subject,
to such Code Authority, each paying his proportionate share, as
assessed, computed on a tonnage basis, in accordance with regula-
tions prescribed by the Code Authority with the approval of the
Administrator, and failure to pay such a;-eem,.nts shall constitute
a violation of the Code.
Approved Code No. 24--Amendldent No. 4.
Registry No. 702-45.





UNIVERSITY OF FLORIDA


3 1262 08850 2983




Full Text

PAGE 1

Approved Code No. 24-Amendment No. 4 Registry No. 702-45 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE BITUMINOUS COAL INDUSTRY AS APPROVED ON NOVEMBER 5, 1934 • WE DO OUR PART -5 UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 193, For sale by the Superintendent of Documents, Washiniton, D. C. • • • • • • • • -Price 5 cents

PAGE 2

This pu b lication i s fo r sal e by the S u perintend ent o f Documents, Government Printing Office, Washington, D . C., a nd b y distric t offic e s of the Bureau of Foreign a n d D omestic Commerce . DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atla nta, G a . : 50:1 P os t Office Building. Birming h a m , Al a. : 2 57 F e d eral Building. B os ton , 1\Ias . : 1 801 C ustomhouse. Buff a lo, N. Y. : C11a mb e r of C om m e r ce Building. C h arle ton , S. C.: C h a m be r o f Comm erce Building. C hica go, 111.: Suite 1706 , 201 North Wells Street. C l e v e l and, Ohio : Ch a mb e r of Comm e r ce. Dallas, T e x. : C h a m be r o f C omm erce Building. Detr o i t, M ic h.: 80 1 Firs t National Bank Building. H o u s t o n , T e x.: C h a m be r o f Commer c e Building. India n a poli s , Ind.: Ch amber of C ommerce Building. J"ack so n v ill e , Fla.: C hamber of Commerce_ Building. K a nsas City, M o.: 10 2 8 Baltimore Avenue. L os An g el es, Calif. : 1163 South Broadway. L ouisville, Ky.: 4 0 8 F ederal Building. M emphis , T e nn. : 2 29 F ede r a l Building. M inneap olis , Mi n n. : 213 F ede r a l Building. New Orleans, La.: R o om 225-A, Cu s t o mhouse. N e w Y ork, N . Y.: 7 3 4 C u s tomhou se. Norfolk, Va.: 406 East Plume Stree t. Philadelphia, Pa.: 4 2 2 Commercial Trus t Building. Pittsburg h, Pa.: Ch a mb e r of Commerc e Building. Portla nd, Oreg. : 215 N e w Pos t Office Building. St. Louis , Mo.: 506 Oliv e Street. S a n Fra n ci co, Calif . : 310 Customhouse. S eattle, Was h. : 809 Federal Offic e Building.

PAGE 3

Approved Code No. 24-Amendment No. 4 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE BITUMINOUS COAL INDUSTRY As Approved on November 5, 1934 ORDER lPPRov:rxo Al\IEND:i\fENT OF CoDE OF FAIR CouPETITIO:N" FOR THE BrTUMINO s Co.AL IND TRY An application having been duly made pursuant to and in full compliance with the provisions of Title I of the ational Industrial Recovery Act, approYed June 16th, 1933, for approval of an amendment to a Code of Fair Competition for the Bituminous Coal Industry as contained in a published Notice of Opportunity to File Ob jections, Administrative Order 2----52, dated Augu t 1, 1934, and amended to meet certain objections which were filed a provided in said Published Notice and annexed report on aid amendment, c ontaining findings with re pect thereto, having been made and directed to the Pre ident. N 0"\V, THEREFORE, on behalf of the Pre ident of the United States, the N a'"ional Industrial Recovery Board pur uant to authority vested in it by Executive Orders of the President, including Executive Order o. 6859, and otherwise, does hereby incorporate, by reference, aid annexed report and does find that said amendment and the Code as constituted after being amended complies in all respects with the pertinent provisions and will promote the policy and the purpo es of said Title of said Act, and does hereby order that aid amendn1ent be and is hereby approved, and that the previous approval of said Code is hereby amended to include approval of said Code in its entirety as amended. NATION AL INDUSTRIAL RECOVERY BOARD, By W. A. liAruuMAN, Administrative Officer. Approval recommended: W. P. ELLisb Acting ivision Administrator. vVA nr ~oToN, D. c., N overnber 5, 1934 95345-1325-24-34 (1)

PAGE 4

REPORT TO THE PRESIDENT The PRE 'IDENT, The l V h i t e Ho use . Srn: An applic ation h as b e . en duly made pursuant to and in full compliance with the prov i s i o ns of the National Industrial Recovery A c t , f o r an am endment to the Co l e of Fair Competition for the Bituminou Coal Indu t r y, submitted by the Cod e Authority for the s aid Industry . The e:xi ting prov i s ion of Article VII, Se ction 3 of the Code for said Industry, i s entirely inadequate in view of the nec e s sity of ob t aining re liabl e data and facts for use in studies of wages and prices and in adminis t ering the provis ion s o f the Code, and it is there fore evident that the propo ed am endment to Article VII, Section 3, of said C ode will o Y e rcom e the exi sting inadequate provision. FINDINGS The A cting Deputy Administrator in his fin a l report to us on the am endment to the Cod e of Fair Competition for the Bituminous Coal Industry haYing found a h erein se t forth and on the basis of all procfedings in this matter: W e find that : (a) The amendment to aid Code and the Code as amended are w e ll designe d to promote the poli c ies and purpos es of Title I of the National Industrial R e cov ery Act includino-the removal of ob . tructions to the fre e flow of inter tate and foreign commerce which t end to diminis h the amount thereof, and will provide for the general welfare by promoting the organization of industry for the purpose of coop erative action among trade groups, by including and maintaining united action of labor and management under adequate gov f'rnmental anction and supervision , by eliminating unfair competi tive practic e , by promoting the fulle s t possible utilization of the present pro ductive capacity of indu tries, by avoiding undue restriction of production ( except as may be t emporarily required) by in crea sing the c on umption of industrial and agricultural products through incre a sing purchasing power, by reducing and relieving un employm ent, by improving standards of labor, and by otherwise r ehabilitating indus try. (b) The Code a s modified complie in all respects with the pertinent provisions of said Title of said Act, including without limitation sub e ction (a) of Section 3, Subsection (a) of Section 7 and Subsection (b) of Section 10 thereof. ( c) The Code empowers any Divi ional Code Authority to present the aforesaid amendment on behalf of the industry as a whole. ( d) The amendment and the Code as amended are not designed to and will not permit monopolies or monopolistic practices. (2)

PAGE 5

3 ( e) The amendn1ent and the Code a amended are not designed to and will not eliminate or oppre s mall enterpri es and will not operate to di criminate against them. ( f) Those engaged in other teps of the economic process have not been deprived of the right to be heard prior to approval of said amendment. Said amendment i accordingly approved. For the National Industrial Recovery Board: w. A. HARRIMAN' Administrative Offioer. NOVEMBER 5, 1934.

PAGE 6

AM:ENDMENT TO CODE OF FAIR COMPETITION FOR THE BITUMINOUS COAL INDUSTRY Delete Section 3 of Article VII and ubstitute in lieu thereof the following: SECTION 3. (a) Each Code Authority shall set up and maintain a Statis tical Bureau which shall be under the direction of a Managing Director, who may be the Secretary of the Code Authority and who shall not be an officer, director, or employee of any :producer. All producers s hall, in their respective Sub-divisions, ( or Divisions) report all spot orders to such Bureau and shall file with such Bureau copies of all contracts for the sale of coal, copies of all invoices, copies of all credit memoranda and such other information concerning the produdion and sa le of coal as such Code Authority, with the approval of its Presidential Member, may require. (b) Each producer shall, in his Sub-divisio n ( or Division) file all s uch reports and other information as described in sub-section (a) above with the Statistical Bureau of the Sub-division ( or Division). Failure to file such reports or other information, or filing materially inaccurate reports or other information, shall he a violation of the Code. ( c) All such re cords shall be held by such Bureau as the confidential records of the pro lucer filing such information, until the Code Authority shall direct their return to the producer filing the same. ( d) Each Bureau s hall, if s o directed by the Cod e Authority, compile from such records, in composite form and in such manner as shall not be prejudicial to the interests of any producer, statistical information with respect to the sale and distribution of coal. None of s uch records nor the information contained therein shall be dis closed to anyone except as so compiled and except as hereinafter provided in subsections ( e) and ( f) hereof in connection with violations of the Code. ( e) The l\1anaging Director shall examine such records and if such examination shall, in the opinion of the :Managing Director, dis clos e a violation of the Code, the Managing Director shall report such violation to the Presidential l\1ember, together with any information neces ary to enable the Presidential Member to consider such violation. In inve stigations of any complaint of unfair practices, the Presidential Member of a Code Authority shall have power to require such other reports from, and shall be given access to inspect the books and records of producers within the jurisdiction of such Code Authority to the extent he may deem necessary for the determination of the validity of the complaint. ( f) If the Presidential Member shall determine that any such complaint as de s cribed in subsection ( e) hereof discloses a violation of the Code, the Presidential Member shall report such violation to the Code Authority together with any reports or other information (4)

PAGE 7

5 filled in accordance with the provision s of this ection which m~y appear neces sary to the Presidential Member to enable the Code Authority to consider the merits of such violation and to take uch steps as it shall deem necessary to secure observance of the Code. (g) All producers subject to the Code shall furni. h to any goYernment. agency or agencies designated by the Admini trator such stati tica l information as the Admini trator may from time to time deem nece s ary for the purpose recited in Section 3 (a) of the National Industrial R ecovery Act. ( h) The expense of administering this Co le by a Di vi ion a l ( or Sub-Divisional) Code Authority shall be borne by tho . . e ubject to such Code Authority, each paying his proportionate share, as asse ssed, computed on a tonnage basis, in accordance with regula tions prescribed by the Code Authority with the approval of the Administrator, and failure to pay such as ses. ments hall constitute a violation of the Code. Approved Code No. 24--Amendment No. 4. Registry No. 702--4 5. 0

PAGE 8

UNIVERSITY OF FLORIDA 11111111111111111 IIIII IIIII II IIII IIIIII IIII Ill 111111111111111111 3 1262 08850 2983


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