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NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON MARCH 30, 1935
S U.S. DEPOSITORY I
GOVERNMENT PRINTING OFFICE
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Approved Code No. 24-Amendment No. 8
Registry No. 702-45
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Approved Code No. 24-Amendment No. 8
AMENDMENT TO CODE OF FAIR COMPETITION
BITUMINOUS COAL INDUSTRY
As Approved on March 30, 1935
AMENDMENT OF CODE OF FAIR COMPETITION FOR TIIE BITUMINOUS COAL
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 Bituminous Coal
Industry and annexed report on said amendment, containing find-
ings with respect thereto, having been made and directed to the
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 No. 6543-A, Executive Order No. 6859 and Execu-
tive Order No. 6993, and otherwise, does hereby incorporate by
reference said annexed report and does find that said amendment and
said Code as constituted after being so 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 as hereby amended to include approval
of said Code in its entirety as amended,
FURTHER ORDERED, that the order of this Board herein-
above recited be and hereby is made without prejudice to the Board's
consideration of an appropriate action upon any application for
amendment to or modification of said Code now pending in or with
the National Recovery Administration and subject to the power
especially reserved in and by said Board to order the amendment or
modification of any provision of said Code in conformity with any
agreement affecting such provision which may be reached between
employers and employees in said Industry and presented to said
Board at any time between April 1, 1935, and June 16, 1935, both
dates inclusive for its consideration thereof and action thereon.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By DONALD R. RICIBERG, Acting Chairman.
L. C. MARSHALL,
W. P. ELLS,
Division Admin istrator.
WASHINGTON, D. C.,
March 30, 1935.
REPORT TO THE PRESIDENT
The White House.
SIR: An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act, for an amendment to the Code of Fair Competition for the
Bituminous Coal Industry, submitted by the National Bituminous
Coal Industrial Board, an agency created and established under
the Code for the purpose, among others, of considering and making
recommendations to the President as to any amendments of the
The effect of either all of, or certain provisions of, Articles IV,
VI, and VII of the present Code as amended will expire prior
to June 16, 1935. These provisions constitute to a great degree the
essential substance of the Code and, if lost, it is highly probable
that the Code will no longer effectuate the purposes of Congress
as expressed in the National Industrial Recovery Act. It is con-
sidered that, if the Code be continued under the Act, the request
of the National Bituminous Coal Industrial Board to continue
until June 16, 1935 the existing wage scales and other provisions
of the Code which expire April 1, 1935 is fair, and it is believed,
and we have accordingly so found, that the amendment which has
been presented to the Administration by the National Bituminous
Coal Industrial Board is as well designed to accomplish the results
intend(led as the actual circumstances allow.
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 proceedings in this matter:
We find that:
(a) The amendment to said Code and the Code as amended are
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 interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the gen-
eral 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
govern entcal 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 re-
striction of production (except as may be temporarily required)
by increasing the consumption of industrial and agricultural prod-
ucts by increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and otherwise by
rehabilitating industry and conserving natural resources.
(b) The Code as amended 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 the National Bituminous Coal Industrial
Board to consider and to make recommendations to the President
as to any amendments of this Code.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(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
Said amendment is accordingly approved to become effective
For the National Industrial Recovery Board:
DONALD R. RICHBERG,
MARCH 30, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
BITUMINOUS COAL INDUSTRY
Add a new sentence to, immediately to follow the present provi-
sion of, and to become a part of, Article XI to read as follows:
This Code and all the provisions thereof, despite any provisions
to the contrary contained therein and especially, but without limita-
tion to, those provisions of Articles IV, VI, and VII providing for
a time limitation upon the effect of such provisions or any of them,
which may provide that the effect of such provisions or any of them
lihall terminate prior to June 16, 1935, shall remain effective to and
including June 16, 1935."
Approved Code No. 24.-Amendment No. 8.
Registry No. 702-45.
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