Approved Code No. 530 Registry No. I 003-05 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

Fon THE 

BITUMINOUS ROAD MATERIAL 

DISTRIBUTI~lG INDUSTRY 

AS APPROVED ON OCTOBER 26, 1934 

WE DO OUR PA.:n' 

.... o~----

UNITED STATES 

GOVER1 ' MENT PRINTING OFFICE 

WASffiNGTON: 1934 

For sale by the Superintendent of Documents, Washingtcn, D. C. • • • • • • - • • Price 6 ceni. 
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 Nationa l Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. 

Jack onville, Fla.: Chamber of Commerce Building. 

Kan. as 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. 
Approved Code No. 530 

CODE OF FAIR COMPETITION 

FOR THE 

BITUMINOUS ROAD MATERIAL DISTRIBUTING 

INDUSTRY 

As Approved on October 26, 1934 

ORDER 

CooE OF FAIR COMPETITION FOR THE BrruMINous Ro.AD J\fATERIAL 

DISTRIBUTING 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 a Code of 

Fair Competition for the Bituminous Road Material Distributing 

Industry, and hearings having been duly held thereon and the annexed report on said Code, containing findings with respect thereto, 

having been made and directed to the President: 

NO"\V THEREFORE, on behalf of the President of the United 

States, tl1e National Industrial Recovery Board, pursuant to authority 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 code complies 

in all respects with the pertinent provisions and will promote the 

policies and purposes of said Title of said Act; and does hereby order 

that said Code of Fair Competition be and it is hereby approved. 

NATION AL INDUSTRIAL RECOVERY Bo.ARD, 

By G. A. LYNCH, Adm.inistrative Officer. 

Approval recommended: 

w ALTER G. HOOKE, 

Acting Division Administrator. 

WASHINGTON, D. c., 

October B6, 1934. 

94040°-1244-105-34 (87) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White H ou.se. 

Srn: This is a report on the Code of Fair Competition for the 

Bituminous Road Material Distributing IndUllittry, revised after a 

public hearing conducted in Washington on June 28, 1934, in accordance with the provisions of the National Industrial Recovery Act. 

THE INDUSTRY 

Included in this Industry are the resale and reprocessing for sale 

and/ or either one or both and/or the merchandising of. liquid bituminous road materials and/or the preparation of such materials for 

application, including the services of all preparatory and necessary 

work incidental thereto, from railroad tank cars, service plants, 

producers, or refinery plants, or members own plant or otherwise, 

by the use of mechanical distributing apparatus or by supply trucks, 

and including services such as the heating and/or transportation 

with equipment owned and operated by the bituminous road material 

distributor. 

PR' YISIONS FOR HOURS AND WAGES 

The Code proYides for a maximum week of thirty-two hours with 

the following exceptions : 

(a) Employees engaged in managerial or superYisory capacity 

receiving regularly more than thirty-fiye ($35.00 ) dollars per week. 

Employees engaged in a supervisory capacity are defined as those 

persons who perform no manual labor. 

(b) Regular employees who are distributor operators or distributor operator assistants receiving a minimum wage of not less than 

thirty-five ($35.00) dollars per week shall be permitted to work in 

excess of thirty-two (32) hours in any one week and shall be paid 

at the rate of one nnd one-half (11⁄2) times their prorated hourly 

rate f or all time actually worked in excess of forty-eight ( 48) hours 

in any one week period. Distributor laborers receiving a minimum 

wage of not les than twenty-four ($24.00) dollars per week shall be 

permitted to work in excess of thirty-two (32) hours per week. 

Rates for overtime for distributor laborers shall be calculated on 

ihe same basis as for distributor operators. For the purpose of calculating the above maximum hours and overtime, " hours of work" 

and "time actually worked " mean time of actual transportation 

and/ or application of liquid bituminous materials and/ or any other 

services performed by such employees, excluding inoperative or 

standing time lost for any cause not within the normal control of 

the employer. 

(88) 
89 

( c) Distributor operators paid on a daily basis and paid for all 

time spent consecutively on or in connection with a job, irrespecu, e 

of time actually worked, and who shull receive not less than six 

dollars ($6.00) for a basic eight (8) hour day, which rate is received 

irrespective of hours worked if hired for any time during a day, 

and receiving an overtime rate of at least one and one-half (11⁄2) 

their prorated hourly rate for all hours in excess of eight (8) in 

any one day, may be permitted to work in excess of thirty-two (32) 

hours in any one week. Distributor laborers paid on a daily basis 

shall receive a minimum wage of not less than four dollars and fifty 

cents ($4.50) per day for a basic eight (8) hour day and shall be 

permitted to work in excess of thirty-two (32) honrs in any one 

week. The method of payments and rate for overtime hours for 

distributor laborers shall be calculated on the same basis as the 

distributor operators. 

( d) Accounting, clerical, or office employees, who shall not be permitted to work in excess of forty (40) hours per week. 

( e) "'\,Vatchmen, who shall not be permitted to work in excess of 

fifty-six ( 56) hours in any one (1) week nor more than six ( 6) days 

in any seven (7) day period. 

(f) Firemen and plant men when working away from the plant, 

who shall not be permitted to work in excess of forty-eight (48) 

hours in any one (1) week nor more than six (6) days in any seven 

(7) day period. 

(g ) Employees engaged in emergency work or in emergency repair 

work involving breakdowns or the protection of life or property; 

provided, however, that such employees shall be paid at the rate of 

one and one-half (11⁄2) times their normal hourly rate for all time in 

excess of the maximum set forth hereinabove. 

The exemptions in paragraphs (b) and ( c) of Section 1 of Article 

IV are granted on account of the peculiar nature of the work done 

by distributor operators, distributor operator assistants and distributor laborers. Hot · or cold liquid bituminous material can be 

placed only when the surfaces to which it is to be applied are in the 

proper condition. After a rain time can be lost for surfaces to dry, 

as the material cannot be placed on a wet surface. The distributor 

operator, after he has arrived at the site with the bituminous material, 

often has to wait for other parties to build or properly prepare surfaces. Oftentimes, this delay is not the fault of the other parties; 

they too, have been delayed owing to causes beyond their control. 

Operators paid by the week, are frequently paid for a week or more 

without doing any work whatever. Frequently, the material is distributed many miles from the loading point, making it entirely impracticable to switch operators and ass'istants and operator laborers 

at such remote locations. It is on account of these facts that the 

exempting provisions for maximum hours and overtime have been 

incorporated in the Code. Again, safety, too, enters largely into the 

methods which have to be followed in this industry-as when applying liquid bituminous materials to parts of or to the entire surface 

of a _highway, often requiring alternate flows of traffic, making driving conditions extremely dangerous. The time element is a primary 

cons~derat~on and wor_k~ng time has to be so arranged as to provide 

for 1t. Highway officials often declare an emergency on such occa-
a 

m nt 

DE 

FL-DIXGS 

The Deputy Admini .rator in hi final report to thi bonrd on 

aid Code hanng f un a herein ueL f rth and on the ba is of all 

the proceeding~ in this matter; 
91 

This board finds that: 

(a) aid Cotle i · w 11 de ·io-ned to promote the policie and purposes of Titl I of the ... .,. at:onal Indu. trjal Recovery .Act including 

r moval of obstruc6ons to the free flow of inter:tate and foreign 

commerce which tend to climini.·h the amount thereof and will provide for tLe general welfare by promoting the organization of indu -

try for the purpose of cooperative action a1nong trade group by 

inducing and maintaining united action of labor and management 

under adequate governmental anction and supernsion by eliminating unfair competitive practices by promoting the fulle ·t po ible 

utilization of the present productive capacity of indw trie by avoiding undue re -triction of production ( except as may be temporarily 

required) by increa ing the con umption of indu trial and agricultural products through increa ing purchu ing power by reducing 

and relieving unemployment by improving tandard.s of labor, and 

by otherwise rehabilitating indu try. 

(b) 'aid Industry nonnally employ not more than j0 000 employees; and is not classified by this board as a major indu try. 

( c) The Code as approved complie. in all re pect. with the pertinent provisions of said Title of said ct including without limitation 

Sub ection (a) of I ection 3, ubsection (a) of 'ection 7 and ubsection (b) of Section 10 thereof· and that the applicant association 

is an industrial association truly representative of the afore aid Industry; and that said association imposes no inequitable restrictions 

on admission to membership therein. 

( d) The Code is not designed to and will not permit monopolies 

or monopolistic practice . 

( e) The Code is 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 o:f the economic process have not 

been deprived of the right to be heard prior to approval of said Code. 

For these reasons, therefore, this board has approved said Code of 

Fair Competition for the Bituminous Road Material Distributing 

I ndustry. 

For the National I ndustrial Recovery Board: 

G. A. L YNCH 

OCTOBER 26, 1934. 

Administrative Officer. 
1

CODE OF FAIR COMPETITION FOR THE BITUMINOUS 

ROAD MATERIAL DISTRIBUTING INDUSTRY 

PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are established as a Code of 

Fair Competition :for the Bituminous Road Material Distributing 

Industry, and shall upon approval be the standards of fair competition for this Industry and shall be binding upon every member 

thereof. 

ARTICLE I-APPLICATION 

The provisions of this Code shall apply to the entire industry as 

hereinafter defined, excluding operations therein undertaken in accordance with bona fide bids made not more than sixty ( 60) days 

prior to the effective date, or contracts entered into prior to the 

effective date. If any other code of fair competition or a provision 

thereof, heretofore or hereafter approved by the President, shall 

conflict with this Code or with any provisions thereof, the National 

Industrial Recovery Board may hold such hearings as it may deem 

necessary and thereafter may, if in its judgment justice requires, 

grant such stay, exception, or exemption or make such other determination as it may deem advisable to effectuate the policies of the 

Act. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term "Bituminous Road Material Distributing 

Industry ', or "the industry" as used herein is defined to mean 

the resale and reprocessing for sale and/ or either one· or both 

and/ or the merchandizing of liquid bituminous road materials 

and/ or the preparation of such materials for application, including 

the services of all preparatory and necessary work incidental thereto, from railroad tank cars, service plants, producers, or refinery 

plants, or member's own plant or otherwise, by the use of mechanical distributing apparatus or by supply trucks, and including services such as the heating and/or transportation with equip1nent 

owned and operated by the bituminous road material distributor, 

except when the principal purpose and effect of such sale or disposal is to obtain revenue for transportation; provided, however, that 

this definition of the Bituminous Road Material Distributing Industry shall not include the production and refining of bituminous materials, and the marketin~ thereof by such producers and refiners; 

provided, :further, that this definition shall not include the application of the above materials at the site of construction. 

(92) 
93 

SECTION 2. The term" employee" as used herein includes any person engaged in the industry, however compensated, except a member 

of the industry. 

SECTION 3. The term "employer" as used herein includes anyone by whom any such employee is so compensated or employed. 

SECTION 4. The term " Distributor Operator " as used herein n1eans 

portable tank car heater operators and trained employees -who are 

responsible for mechanical distributing apparatus, and for the distribution of liquid bituminous materials from such distributing 

apparatus to designated surfaces in such a manner as to meet specific requirements and specifications. 

SECTION. The term "Distributor Operator Assistant" as used 

herein means employees who assist distributor operators in their 

functions as described in Section 4 of this Article. 

SECTION 6. The term " Distributor Laborer " as used herein means 

employees who are attached to a distributing truck who at no time 

drive such vehicle and at no time operate such mechanism; and at 

most handle the hand hose. 

SECTION 7. The term "Regular Employee" as used herein means 

a.n employee who is normally employed by a member of the industry 

when there is work available. 

SECTION 8. The term "member of the industry" includes, but 

without limitation, any individual, partnership, association, corporation or other agency or form of enterprise which undertakes, 

whether by formal contract or otherwise, to direct, superintend, 

coordinate or execute, ani of the operations of the industry. 

SECTION 9. The term 'Association" means the National Bituminous Road Material Distributing Associates. 

SECTION 10. The term "Executive Committee" means the Executive Committee of the Association. 

SECTION 11. The terms " President " and "Act " shall mean, respecti vely, the President of the United States and Title I of the 

National Industrial Recovery Act. 

SECTION 12. The term " Region " as used herein includes any one 

of several parts of the United States established as hereinafter set 

forth in Article III of this Code or as may be otherwise specifically 

provided. 

SECTION 13. " Population " for the purposes of this Code shall 

be determined by reference to the latest Federal Census. 

ARTICLE III-Am,nNrSTR.ATION 

SECTION 1. Oode A'U;thority.-Further to effectuate the policies of 

the Act and subject to such rules and regulations as may be issued 

by the National Industrial Recovery Board to insure the execution 

of the provisions of this Code and to provide for the compliance of 

the Industry with the provisions of the Act, there shall be established a " Code Authority for the Bituminous Road Material Distributing Industry" (hereafter referred to as the "Code Authority") composed of nine (9) individuals eligible under the provisions 

of Section 9 of this Article, to be elected as follows : 

(a) Associa.tion Me1nbers.-Six (6) individuals shall be appointed 

from members of the Industry who are members of the A sociation 

040J0°--l244-105--34-2 
94 

by the Executive Committee of the Association, to serve for a term 

of one (1) year. (b) Non-Association Jl,f mnbers.- Three (3) individuals shall be 

appointed by the National Industrial Recovery Board from members 

of the Indu try who are not members of the As~ociation to repre- sent non-Association members, to se:;:·ve for a term of one (1) year 

and/or until their respective successors have been selected. 

( c) ·Filling V acancies.- The successors of all members of the Code 

Authority (including the successors of any member whose member hip becomes vacant) shall be selected in the same manner as their 

predecessors, except that the successors to the members appointed 

under paragraph (b) hereof may be elected by the members of the 

Industry who are not members of the Association, at an election, 

the mann°r and method of conducting which are satisfactory to and 

approved by the National Industrial Recovery Board. ( d) Adm.inistration M embers.-In addition to the membership as 

above provided, there may be three (3) members without vote to 

be known a Administration Members, to be appointed by the National Industrial Recovery Board, to serve for such terms as it may 

specify. (e) Voting.- Each member of the Code Authority shall have one 

(1) vote, and the vo~ of a majority of said members shall prevail in 

determining the actions of the Co03 Authority. SECTION 2. Regions.- For the purpose of administration of this 

Code, the United States shall be divided into nine (9) regions as 

indicated in the following tabulation. The Code Authority ma.y 

from time to time revise such region or regions subject to the approval 

of the National Industrial Recovery Board. 

R egion No. 1.-Maine, New Hampshire, Vermont, Massachusetts, Connecticut and Rhode Island. 

R egion No. fZ.- New York and New Jersey. 

R egion No. 3.-Pennsylvania and Ohio and West Virginia. 

R egion No. 4.- 1faryland, Delaware, District of Columbia, 

Virginia, North Carolin:1, South Carolina, Georgia and F lorida. 

R egion No. 5.- Texas, Arkansas, Louisiana, i1ississippi, Alabama, Tennessee and ICentucky. R egion No. 6.-Illinois, \Visconsin, Indiana, Minnesota and 

Michigan. 

R egion No. 7.-:Missouri, Kansas, Iowa, Nebraska and Oklahoma. 

Reqion No. 8.-\Vashington, Oregon, Idaho, lviontana, North 

Dakota and South Dakota. 

R egion No. 9.-Colorado, Nevada, California, 1Vyoming, Utah, 

Arizona and New Th1exico. SECTION 3. Regional Gode Authorities.-In any one of the nine 

regions, as defined in Section 2 of this Article, a regional code 

authority may be formed by the members of the industry in such 

region, for the purpose of supervising and administering this Code 

in such region under such powers and duties as may be delegated to 

it by the Code Authority. 

SECTION 4. H earings by National Industrial Recovery Board.- In order that the Code Authority and the regional code authorities 

shall at all times be truly representative of the industry and in other 
95 

respects comply with the provisions of the Act, the National Industrial Recovery Board may prescribe such hearings as it may deem 

proper; and thereafter, if it shall find that the Code Authority or 

any regional code authority is not truly representative or does not in 

other respects comply with the provisions of the Act, may require 

a.n appropriate modification of the Code Authority or any regional 

code authority. 

SECTION 5. Aniendments to Constitution and By-Laws.-The Association shall impose no inequitable restriction on membership and 

shall adopt no future amendment of the Constitution and By-Laws 

of the Association which will tend to make the organization not 

truly representative of the Industry as herein defined. The Association shall submit to the National Industrial Recovery Board true 

copies of its articles of association, by-laws, regulations, and any 

amendments when made thereto, together with such other information as to membership, organization and activities as the National 

Industrial Recovery Board may deem necessary to effectuate the 

provisions of the Act. 

SECTION 6. Liability of Code Autlwrity Menibers.-Nothing contained in this Code shall constitute the members of the Code Authority, or of any regional code authorities, partners for any purpose. 

Nor shall any member of the Code Authority or of any regional 

code authority be liable in any manner to anyone for any act of 

any other member, officer, agent, or employee of the Code Authority 

or of any regional code authority. Nor shall any member of the 

Code Authority or of any regional code authority, exercising reasonable diligence in the conduct of his duties hereunder, be liable to 

anyone for any action or omission to act under this Code, except 

for his own wilful malfeasance or nonfeasance. 

SECTION 7. Powers a1ul Duties.-Subject to such rules and regulations as may be issued by the National Industrial Recovery Board, 

the Code Authority shall have the following powers and duties in 

addition to those of insuring the execution of the provisions of this 

Code, and providing for the compliance of the industry with the 

provisions of the Act, subject to such rules and regulations, and in 

addition to those authorized by other provisions of this Code: 

(a) It may establish by-laws or rules and regulations for the conduct of its affairs and may appoint such committees, agencies and 

representatives and delegate to them such of its powers and duties 

as it may deem necessary for the proper discharge of its functions 

hereunder, provided that nothing herein shall relieve the Code Authority of its duties or responsibilities under this Code and that 

such committees, agencies and representatives shall be subject to 

and comply with the provisions hereof. 

(b) Rec01nmenda.tions.-To make to the National Industrial Recove1-y Board from time to time any recommendations which it 

deems desirable for modifications of or additions to the Code, which 

recommendations upon the National Industrial Recovery Board's 

approval and after such hearing as it may prescribe, shall become 

a pa.rt of this Code and have full force and effect as provisions 

thereof. 

( c) Investigations and Sitrveys.-Subject to such rules and regulat10ns as the National Industrial Recovery Board may issue, to 
96 

make investigations and surveys concerning the functioning of and 

compliance with this Code, the obserYance of its provisions, including the collection of reports on hours of work and rates of compensation and other pertinent matters, whether at the reqnest of the 

National Ind·ustrial Recovery Board or otherwise, and to report its 

findings and recommendations to the National Industrial Recovery 

Board w heneYer necessary or required. 

(d) Coordination.-To make recommendations to the National 

Indu trial Recovery Board for the coordination of provisions of 

this Code, and of the administration of this Code with such other 

Codes as may be related to this Industry or affect its memiJer...: . 

( e) T1·ade Practice Cornmittees.-To appoint a Trade Practice 

Committee which shall 1neet with the Trade Practice Committees 

appointed under uch other Codes as may be related to this industry for the purpo e of formulating fair trade practices to govern the 

relationships between members of this industry and members of such 

other codes to the end that such fair trade practices may be proposed 

to the National Industrial Recovery Board as Amendments to this 

Code or such other Codes. 

(f) Using the Association.-To use the Association or other agencies us it deems proper for the performing of any of its activities 

provided for herein, provided that nothing herein shall relieve the 

Code Authority of its duties or re ponsibilities under this Code, and 

that the Association and such other agencies shall at all times be 

subj ect to and comply with the provisions hereof. 

SECTION s: The Biulget.-It being found necessary in order to support the administration of this Code and to maintain the standards 

of fair competition established hereunder and to effectuate the policy 

of the Act, the Code Authority is authorized: 

(a) Incurring Obligations.-To incur such reasonable obligations 

as are necessary and proper for the :foregoing purposes and to meet 

such obligations out of funds which may be raised as hereinafter 

provided and which shall be held in trust for the purposes of the 

Code; 

(b) Submittal of Budget and 111 etlwd of Assessm,ent.-To submit 

to the National Industrial Recovery Board for its approYal, subject 

to such notice ancl opportunity to be heard as it may cle"m necessary, 

( 1) an itemized budget of its estimated expenses for the foregoing 

purposes, and (2) an equitable basis upon which the funds necessary 

to support such budget shall be contributed by members of the 

industry; 

( e) Proci1,ring Contributions.-After such budget and basis of 

contribution have been approved by the National Industrial Recovery Board, to determine and obtain equitable contribution as 

above set forth by all members of this industry, and to that end, if 

necessary, to institute legal proceedings therefor in its own name. 

SECTION 9. Code Compliance and NRA / nsignia.-Each member 

of this industry shall pay his or its equitable contribution to the expenses of the maintenance of the Code Authority, determined as 

hereinabove provided, and subject to rules and reaulations pertaining thereto issued by the National Industrial Recovery Board. Only 

members of this industry complying with the Code and contributing 

to the expenses of its administration as provided in Section 8 of this 
97 

Article, ( unless duly exempted from making such contributions) 

shall be entitled to participate in the selection of the members of the 

Code Authority or to receive the benefits of its voluntary activities 

or to use any emblem or insignia of the National Recm-ery 

Administration. 

SEcTJON 10. The Code Authority shall neither incur nor pay any 

obligation sub.~tantially in excess of the amount thereof as estimated 

in its approved budget, and shall in no event exceed the total amount 

contained in the approved budget~ except upon approval of the National Industrial Recovery Board; and no subsequent budget shall 

contuin any deficiency item for expenditures in excess of prior budget 

estimates except those which the National Industrial Recovery 

Board shaH have so approved. 

SECTION 11. Code Authority and Ad1ninistration Mem,bers.-The 

Code Authority or its authorized representative or representatives 

and the Administration n-1embers of the Code Authority, or their 

proxies appointed by the National Industrial Recovery Board, may 

attend meetings of any administrative agency established for any 

region provided in this Article. 

SECTION 12. Reports.-In addition to information required to be 

submitted to the Code Authority, all or any of the persons subject to 

this Code shall furnish such statistical information as the National 

Industrial Recovery Board may deem necessary for the purposes recited in Section 3 (a) of the Act to such Federal and State agencies 

as the National Industrial Recovery Board may designate; and 

nothing in this Code shall relieve any person of any existing obligation to furnish reports to governmental agencies. 

ARTICLE IV-HouRs, ,v .AGEs, .AND GENERAL LABOR PRovisroNs 

SECTION 1. H ou1·s.- N o employee shall be permitted to work in 

excess of thirJ.y-two (32) hours in any one week or more than eight 

(8) hours in any twenty-four (24) hour period, nor more than five 

( 5) clay_s in any seven (7) day period, with the following exceptions: 

(a) Emp_oyees engaged in managerial or supervi ory capacity 

receiving regularly more than thirty-five ($35.00) dollars per week. 

En1ployees engaged in a supervisory capacity are defined as those 

persons who perform no manual labor. 

(b) Regular employees who are distributor operators or distributor operator assistants receiving a minimum wage of not lec::s 

than thirty-fh e ($35.00) doll&rs per week shall be permitted to work 

in excess of thirty-two (32) hours in any one week and shall be paid 

at the rate of one and one-half (11⁄2) times their prorated hourly 

rate for all time actually worked in excess of forty-eight ( 48) hours 

in any one week period. Distributor laborers receiving a minimum 

wage of not less than twenty-four ($24.00) dollars per week shall be 

permitted to work in excess of thirty-two (32) hours per week. 

Rates for overtime for distributor laborers shall be calculated on 

the same ba is as for distributor operators. For the purpose of 

calculating the above maximum hours and overtime, "hours of 

work" and "time actually worked" mean time of actual transportation of liquid bituminous materials and/or any other services per-
98 

formed by such employees, excluding inoperative or standing time 

lost for any cause not within the normal control of the employer. 

( c) Distributor operators paid on a daily basis and paid for all 

time spent consecutively on or in connection with a job, irrespective 

of time actually worked, and who shall receive not less than six 

dollars ($6.00) for a basic eight (8) hour day, which rate is received 

irrespective of hours worked if hired for any time during a day, 

and receiving an overtime rate of at least one and one-half (11⁄2) 

their prorated hourly rate for all hours in excess of eight (8) in 

any one day, may be permitted to work in excess of thirty-two (32) 

hours in any one week. Distributor laborers paid on a daily basis 

shall receive a minimum. wage of not less than four dollars and 

fifty cents ($4.50) per day for a basic eight (8) hour day and shall 

be permitted to work in excess of thirty-two (32) hours in any 

one week. The method of payments and rate for overtime hours 

for distributor laborers shall be calculated on the same basis as for 

distributor operators. 

(a) Accounting, clerical, or office employees, who shall not be 

permitted to work in excess of forty ( 40) hours per week. 

(e) Watchmen, who shall not be permitted to work in excess of 

fifty-six (56) hours in any one (1) week nor more than six (6) days 

in any sevien (7) day period. 

(f) Firemen and plant men when working away from the home 

plant, who shall not be permitted to work in excess of forty-eight 

(48) hours in any one (1) week nor more than six (6) days in any 

seven (7) day period. 

(g) Employees engaged in emergency work or in emergency repair work involving breakdowns or the protection of life or property; provided, however, that such employees shall be paid at the 

rate of one and one-half (11⁄2) times their normal hourly rate for 

all time in excess of the maximum set forth hereinabove. 

SECTION 2. Employment by Several Employers.-No employer 

shall knowingly permit any employee to work any number of hours 

which, when totaled with that already performed for another employ~r. or employers in this industry, exceeds the maximum permitted 

herein. 

SECTION 3. Eniployers who Perf orrn Manual W ork.-Members of 

this industry who personally perform manual work or who are personally engaged in mechanical operations shall not exceed the maximum as to hours and days prescribed herein, for the work performed 

by them, but they shall be granted the exemptions under similar conditions provided for in paragraphs (b), ( c) and ( f) of Section 1 

of this Article. 

SECTION 4. 1Vageg.-( a) No employee, excluding accounting, office 

and clerical employees, shall be paid at less than the rate of forty 

( 40¢) cents per hour in the states of Kentucky, Tennessee, Alabama, 

l\1ississippi, Virginia, North Carolina, South Carolina, Georgia, and 

Florida, Arkansas and Louisiana; and fifty ( 50¢) cents in the other 

States of the Union and the District of Columbia. 

(b) 1llininiu11i Sala1-ies foT Clerical and Office Employees.-No accounting, office or clerical employee shall be paid less than at the 

rate of fifteen dollars ($15.00) per week in any city of over 500,000 

population or the immediate trade area of such city, nor less than 
99 

fourteen and a half dollars ($14.50) per week in any city of between 

250,000 and 500,000 population, or 1n the jmmediate trade area o:f 

such city, nor less than fourteen dollars ($14.00) per week in any 

other place. 

( c) Payment of 'Wages.-All members o:f this industry shall make 

payment of all wages due in lawful currency of the United States 

or by negotiable check therefor, payable on demand at par. I:f 

wages are paid by check, the employer shall provide reasonably 

accessible :facilities for cashing such checks at :face value without 

expense to the employee. Employers shall also provide such identification as is necessary to utilize such facilities. 

Wage shall be payable at the end of each weekly or bi-weekly 

period, and shall be exempt from any payment or deduction for pensions, insurance or sick benefits or other items except such as are 

voluntarily paid, required by law or authorized to be deducted by 

employees. Employers or their agents shall not accept, directly or 

indirectly, rebates on such wages nor give anything of value nor 

extend any favors to any person :for the purpose of influencing rates 

of wag,es or working conditions of their employees. 

The provisions of this sub-section regarding payment o:f wages at 

the end of each wookly or bi-weekly period shall not apply to persons 

employed in executive, administrative or supervisory capacity who 

earn in excess of thirty-five ($35.00) dollars per week, nor to persons 

employed in clerical or office work. The wages for persons employed 

in clerical or office work shall be payable at least semi-monthly. 

SECTION 5. Piecework O ornpensation.- This Article establishes a 

nunimum rate of pay regardless of whether an employee is compensated on a time rate, piecework rate or other basis. 

SECTION 6. Adjustment of l,Jl age Rates.-All wages shall be adjusted so as to maintain a differential at least as great in amount as 

that existing on June 16, 1933, between wages for such employment 

and the then minima. In no case shall there be any reduction in 

hourly rates; nor in weekly earnings for any reduction in hours of 

less than thirty per cent. 

SECTION 7. Provisions of the Act.- Employees shall have the right 

to organize and bargain collectively through representatives of their 

own choosing, and shall be free from the interference, restraint, or 

coercion of employers of labor, or their agents, in the designation of 

such representatives or in self-organization or in other concerted 

activities :for the purpose o:f collective bargaining or other mutual 

aid or protection; no employee and no one seeking employment shall 

be required as a condition of employment to join any company union 

or to refrain from joining, organizing, or assisting a labor organization of his own choosing; employers shall comply with the maximum 

hours of labor; minimum rates of pay, and other conditions of 

employment, approved or prescribed by the President. 

SECTION 8. State Laws.- This Code shall not supersede any State, 

Federal or local laws imposing more stringent requirements on employers regulating the age of employees, wages, hours of work, or 

health, fire or ~eneral working conditions than under this Code. 

SECTION 9. Reclassification.-Employers shall not reclassify employees or duties of occupations performed by employees or engage 
100 

in any other subterfuge :for the intent or purpose of defeating the 

purposes or provisions of the Act or of this Code. 

SECTION 10. Posting.-All employers shall post and keep posted 

the labor provisions of this Code in conspicuous places accessible 

to all employees. Every member of the industry shall com.Ply with 

all rules and regulations relative to the posting of provisions of 

codes of fair competition which may from time to time be prescribed by the National Industrial Recovery Board. 

SECTION 11. Standards for Safety (lffl,d H ealth.-Each member of 

this industry shall provide for the safety and health o:f his employees at the place and during the hours of their employment. 

Standards for safety and health shall be submitted by the Code 

Authority to the National Industrial Recovery Board within three (3) 

months after the effective date of this Code. After approval, such 

standards shall become the minimum standards of safety and health 

for all members of this industry. 

SECTION 12. Minilrrvwm A9e.-No person under eighteen (18) years 

of age shall be employed 1n the industry; providedt however, that 

persons sixteen (16) years or over may be employed as office boys, 

mess boys or water boy,s ; provided, further, that no person under 

twenty-one (21) years of age shall be employed as a distributor 

operator or as a distributor operator assistant. 

SECTION 13. Handicapped Persons.-A person whose earning 

capacity is limited because of age, physical or mental handicap or 

other infirmity may be employed on light work at a wage below the 

minimum established by this Code if the employer or employee 

obtains from the State Authority designated by the United States 

Department of Labor a certificate authorizing his employment at 

such wages and for such hours as shall be stated in the certificate. 

Each employer shall file monthly with the Code Authority, a list of 

all such persons employed by him, showing the wages paid to, and 

the maximum hours of work for, such employees. 

SECTION 14. Dismissal or Demotion.-N o employee shall be dismissed or demoted by reason of making a comJ?laint or giving evidence with respect to an alleged violation of thIS Code. 

SECTION 15. Evasion through R eeniployment.-No employee now 

employed at a wage rate in excess of the minimum shall be discharged and reemployed at a lower rate for the purpose o:f evading 

the provisions of this Code. 

SECTION 16. Contracting Labor Services.- No rn.emb.er of this industry shall, directly, or indirectly, sublet solely the labor services 

required by any contract secured by such member. 

SECTION 17. Continuity of Employrnent.-Employers shall administer work in their charge so as to procure the maximum practicable 

continuity of employment for their employees. 

SECTION 18. Traveling E xpense.-Members of this industry shall 

make payment of all legitimate expenses incident to transportation, 

board and room, incurred by an employee while traveling to and 

from or away from the home site, when place of employment is outside o:f tho recognized working area of the home site. 
101 

ARTICLE V-F AIR TR.ADE PRACTICE REGULATIONS 

The provisions of this Article are established as rules of fair trade 

practice, and any. ':iolation of_ saic~ rules s~all constitute an unfair 

inethod of competit10n and a violation of tlus Code. RuLE 1. Secret R ebates.-N o member of this industry shall secretly 

offer or make any payment or :1llowance of a rebat , refund, com- mission credit, unearned discount or exce · · allowance, whether in 

the form of money or otherwise, nor shall a member of this industry 

secretly offer or extend to any customer any special service or 

privilege not extended to all customer· of the same class, for the 

purpose of influencing a sale. R U LE 2. Defamation.- N o member of this industry shall defame 

a competitor by falsely imputing to_ him dishon?rable c~mdu~t, inability to perform contracts, quest10nable crecht standmg, or by 

other false representation, or by falsely disparaging the grade or 

quality of his goods or work. 

RULE 3. Misrepresentation.-N o member of this industry shall 

publish advertising or make any offer of sale which is misleading or 

inaccurate in any material particular, nor shall any member in any 

way misrepresent any product of this industry (including, but without limitation, its quality, quantity, size, grade or substance) or 

credit terms, values, policies or services. 

RULE 4. Misbranding.-No member of this industry shall brand 

or mark any product of the industry in any manner which is intended to or does deceive or mislead purchasers with respect to the 

quality, quantity, size, grade or substance of such products. 

RuLE 5. Oo11?1Jnercial Bribery.-No member of this industry shall 

give, permit to be given, or offer to give, anything of value for the 

purpose of influencing or rewarding the action of any employee, 

agent, or representative of another in relation to the business of the 

employer of such employee, the principal of such agent or the represented party, without the knowledge of such employer, principal 

or party. This provision shall not be construed to prohibit free and 

general distribution of articles commonly us~d for advertising except 

so far as such articles are actually used for commercial bribery as 

hereinabove defined. 

RULE 6. Lum,p-Swrn Bulding.-N o member of this industry shall 

sell any industry product except on a unit-price basis. 

RULE 7. Oontingent Selling.-No member of this industry shall 

enter into any agreement for furnishing any industry product contingent upon the sale or purchase of any other product or service, or 

other contingency not appearing in the contract. 

RuLE 8. Jobbers and Distributors.-N o member of this industry 

shall dispose of the products of his industry through a middleman, 

whom he controls by stock ownership or otherwise, for the purpose 

of evading the standards of fair competition established in this Code. 

RULE 9. Oonfidential lnformation.-No member of this industry 

shall seek_ or get confidential i~1forrr~ation concerning the business of 

a competitor by a false or misleading statement or representation, 

by a false imp2rsonation of one in authority, by bribery or by any 

other unfair method. 
102 

RUL-c 10. 1Vithr.fraical of Bid'.-No member of thjs industry shall 

obtain or attempt to ohtain any consid ration other than the permi sion to with lr::i.w n b:c1 ,,;her-" a bona fide error can be established 

after the opening of bicls. 

RuLE 11. Payrncnts to /"'ubcontractors.-Funcls received by members of this industry for \';ork pe1·formed as defined in S0 ction 1 of 

Article II of thi Corle, or to be p 3rformed by h:m shall be accepted 

and applied, first, to the purpose of paying amounts due from him 

to others in respect of any portion of such "ork, including amounts 

due to employees, material men, subcontractors and others. These 

provisions shall not be construed to require said member to keep in 

separate bank accounts or deposits, funds received under separate 

contract provide 1 he maintains books of account clearly showing the 

allocation to each and every contract of the funds deposited, and he 

shall' devote the final payments due him within ten ( 10) days after 

the receipt thereof to the payment of balances due from him to such 

employees, material men, sub-contractors and others provided satisfactory evidence is furnished to the member of the industry showing 

that all outstanding claims against said parties, for which said member would otherwise be liable, have been fully satisfied or provided 

for. Earlier payments and/or greater amounts may be mutually 

agreed upon. Nothing in this rule shall be construed to supersede 

any Federal, State or local laws imposing more stringent requirements with r espect to matters referred to herein. 

RULE 12. 1Vaiving L egal Rights.-N o member of this industry 

shall give any waiver of lien rights without informing sub-contractors with whom he is contracting of such a waiver. 

RULE 13. Financing Accounts.-N o member of this industry shall 

permit a sub-contractor or vendor on a specific contract to finance or 

guarantee a member's accounts, unle s such _arrangement is expressly 

provided for in the original contra.ct between the pa.rties. 

RULE 14. I nterference with Ernployees.-N o member o:f this industry shall entice away the employees of competitors with the purpose 

and effect of unduly hampering, injuring or embarrassing competitors in their business. 

RULE 15. 1,Vritten Contracts.-Each member of the industry shall 

keep accurate and complete records of its transactions in the industry 

whenever such records may be required under any of the provisions 

of this Code, and shall furnish accurate reports based upon such 

records concerning any of such u.ctivities when required by the Code 

Authority or the National Industrial Recovery Board. If the Code 

Authority or the National Industrial Recovery Board shall determine that sub tantiul doubt exists as to the accuracy of any such 

repqrt, so much of the J?ertinent books, records, and papers of such 

member as may be requ red for the verification of such report, may 

be examined by an impu.rtial agency agreed upon betwe"n the Code 

Authority and such member, or, in the ab ence of agreement, appointed by the National Industrial RecoYery Board. In no case 

shall the fa"ts dis,...losed by such examination b3 made available in 

identifiable form to any competitor whether on the Code Authority 

or otherwise, or be given any other publication except such as may 

be r equir d for the proper administration or enforcement of the 

provisions of this Code. 
103 

RULE 16. l nrvestigating Bids.-Upon the complaint of any bidder 

the Code Authority or any regional administratiYe committee appointed by it shall select a committee of review, composed of not 

more than three (3) qualified persons who were not bidders on the 

particular job to be reviewed, one of whom, if pos. ible, shall not be 

a member of the A sociation. This Committee hall be directed to 

make such investigation of the bid as will enable it to determine 

whether this Code of Fair Competition has been violated in the bidding on the job in question. In the event the committee of review 

shall find that any uch violation ha occnrrecl, their findings on the 

violation, together with a summary of the facts upon which they are 

based, shall be reported to the regional administrative committee or 

the Code Authority for such action as it may deem proper, including 

in appropriate cases, with the approval of the National Industrial 

Recovery Board, report to the Federal District Attorney or the 

Federal Trade Commission. 

ARTICLE VI-OPEN PRICE FILING, COSTS AND PRICE CuTTIKG AND 

CosT FINDING AND AccouNTING 

A. OPEN PRICE FILING 

SECTION 1. Each member of the industry, selling within any region 

or subdivision designated by the Code Authority and approved by 

the National Industrial Recovery Board, shall file with a confidential 

and disinterested agent of the Code Authority, or, if no region or 

subdivision shall have been so designated, or, if no agent or agents 

shall have been designated by the Code Authority, then within such 

region or subdivision and/or with such agent or agents as may be 

designated by the National Industrial Recovery Board, identified 

lists of all of his prices, discounts, rebates, allowances, and all other 

terms or conditions of sale, hereinafter in this Article referred to 

as "price terms", which lists shall completely and accurately conform to and represent the individual pricing practices of said member. Such lists shall contain the price terms for all such standard 

products and services of the industry as are sold or offered £or sale 

by said member and for such nonstandard products of said member 

as shall be designated by the Code Authority. Said price terms shall 

in the first instance be filed within thirty (30) days after the date 

of approval of this provision. Price terms and revised price terms 

shall become effective within any region or subdivision immediately 

upon receipt thereof by aid agent. Immediately upon receipt thereof, said agent shall by telegraph or other equally prompt means 

notify said member of the time of such receipt. Such lists and 

revisions, too-ether with the effective time thereof, shall upon receipt 

be immediately and simultaneously distributed to all members of 

the industry selling within the region or subdivision and to all of 

their customers who have applied therefor and have offered to defray 

the cost actually incurred by the Code Authority in the preparation 

and distribution thereof and be available for inspection by any o:f 

their customers at the office of such agent. Said list or revisions or 

any part thereof shall not be made available to any person until released to all members of the industry and their customers, as afore-
104 

said; provided, that prices filed in the first instance shall not be 

released until the expiration of the aforesaid thirty (30) day period 

after the approval of this Code. The Code Authority shall maintain a permanent file of all price terms filed as herein provided, and 

shall not destroy any part of such records except upon written consent of the National Industrial Recovery Board. Upon request, the 

Code Authority shall furnish to the National Industrial Recovery 

Board or any duly designated agent of the National Industrial Recovery Board copies of any such lists or revisions of price terms. 

For the purpo e of this Articie, the entire United States may be 

defined as a region. 

SECTION 2. When any member of the industry has filed any revision, 

such member shall not file a higher price within forty-eight ( 48) 

hours. 

SECTION 3. When the Code Authority or National Industrial Recovery Board shall, in accordance with the provisions of Section 1, 

of this Article, have designated a Regional Agency in any Region 

as the agency with which price terms for that Region shall be filed, 

each member of the industry selling within the Region shall file with 

the designated agency identified lists of all of his prices, discounts, 

rebates, allowances, and all other terms and conditions of sale in 

accordance with the provisions of this Article. Copies of all such 

price lists filed with any regional or subdivisional agency established 

pursuant to the provisions of Section 1 of this Article shall be supplied by each member of the industry to and kept on file by a central 

confidential and disinterested agent to be designated by the Code 

Authority subject to the approval of the National Industrial Recovery 

Board. The supplying of such copies shall be for the purpose of 

record only and not :for the giving of further effect to price terms 

operative within the region or subdivision or for distribution to 

members of the industry. 

SECTION 4. No member of the industry shall sell or offer to sell 

any products and/ or services of the industry within the region or subdi vision, :for which price terms have been filed therein pursuant to 

the provisions of this article, except in accordance with such price 

terms. 

SECTION 5. No member of the industry shall enter into any agreement, understanding, combination or conspiracy to fix or maintain 

price terms, nor cause or attempt to cause any member of the industry 

to change his price terms by the use of intimidation, coercion, or 

any other influence inconsistent with the maintenance of the free 

and open market which it is the purpose of this Article to create. 

B. COSTS AND PRICE CUTTING 

SECTION 1. The standards of fair competition for the industry 

with reference to pricing practices are declared to be as follows : 

(a) Wilfully destructive price cutting is an unfair method of 

competition and is forbidden. Any member of the industry or o:f 

any other industry or the customers of either may at any time complain to the Code Authority that any filed price constitutes unfair 

competition as destructive price cutting, imperiling small enterprise 

or tending toward monopoly or the impairment of code wages and 
105 

working conditions. The Coe.le Authority shall within five (5) days 

afford an opportunity to the member filing the price to an ·wer such 

complaint and shall within fourteen (14) days make a ruling or 

adjustment thereon. If such ruling i not concurred. in by either 

party to the complaint, all papers shall be referred to the Research 

and Planning Division of N. R. A. which shall render a report and 

recommendation thereon to the National Industrial Recovery Board. 

(b) When no declared emergency exists as to any given product, 

there is to be no fixed minimum basis for price . It is intended that 

sound cost estimating methods should b,, used ancl that consideration should be given to costs in the determination o:f pricing policies. 

( c) When an emergency exists as to any given product, sale below 

the stated minimum price of such product, in violation of Section 2 

hereof, is forbidd-en. 

SECTION 2. E11ie1·gency Provis-ion.-(a) If the National Industrial 

Recovery Board, after investigation shall at any time find both ( 1) 

that an emergency has arisen within the industry adversely affecting small enterprises or wages or labor conditions, or tending toward 

monopoly or other acute conditions which tend to defeat the purposes 

of the Act; an l (2) that the determination of the stated minimum 

price for a specified product within the industry for a limited period 

is necessary to mitigate the conditions constituting such emergency 

and to effectuate the purposes of the Act, thB Code Authority may 

cause an impartial agency to investigate costs and to recommend 

to the National Industrial Recovery Board a determination of the 

stated miniinum price of the product affected by the emergency and 

thereupon the National Industrial Recovery Board may proceed to 

determine such stated minimum price. 

(b) When the National Industrial Recovery Board shall have 

determined such stated minimum price for a specified product for a 

stated period, which price shall be reasonably calculated to rn.itigate 

the conditions of such emergency and to effectuate the purposes of 

the National Industrial Recovery Act, it shall publish such price. 

Thereafter, during such stated period, no member of the industry 

shall sell such specified products at a net realized price below said 

stated minimum price .and any such sale shall be deemed destructive 

price cutting. From time to time, the Code Authority may recommend review or reconsideration, or the National Industrial Recovery 

Board may cause any determinations hereunder to be reviewed or 

reconsidered and appropriate action taken. 

O. COST FINDING AND ACCOUNTING 

SECTION 1. Oost Finding.-The Code Authority shall cause to be 

formulated methods of cost finding and accounting capable of use 

by all members of the industry, and shall submit such methods to the 

National Industrial Recovery Board for review. If approved by the 

National Industrial Recovery Board, full information concerning 

such methods shall be made available to all members of the industry. 

Thereafter, each member of the industry shall utilize such methods 

to the extent found practicable. Nothing herein contained shall be 

construed to permit the Code Authority1 any agent thereof, or any 

member of the industry to suggest un1torm additions, percentages 
106 

or differentials or other uniform items of cost which are designed to 

bring about arbitrary uniformity of costs or prices. 

\.nTICLE \ II-APPE LS 

SECTION 1. Any directly interested party shall have the right of 

complaint to the appropriate r gional code authority, and of a 

prompt hearin a- and decision in re pect of any decision, rnle, regulation, or ler or finding made by cuch authority, under :--nch reasonable rules or regulation as may b~ pre cribed by such authority. 

SECTION 2. In respect of any decision, rule, r egulation, order or 

finding made by any regional code authority any directly interested 

party shall have the right of complaint to the Code Authority and 

of a prompt hearing and decision under such rules of procedure as it 

may prescribe. 

SECTION 3. Any directly interested party shall have tl1e right 0£ 

appeal to the National Industrial Recovery Board, subject to such 

rules and regulations as it may prescribe, in re pect to any decisions, 

rule, regulat10n, order or finding made by the Code Authority. 

SECTION 4. The Code Authority shall be empowered to hear disputes between regional code authorities, con1mittees, or agencies. 

ARTICLE VIII-REGISTRATIO:N OF ~fE1IBERS OF THE INDUSTRY 

Each _member of this industry within thirty (30) days after the 

effective date of this Code, shall register with the Code Authority. 

All members of this industry who may engage in the Bituminous 

Road :Material Distributing Industry thereafter shall likewise register with the Code Authority. Registration of a member of this 

industry shall include the full name and mailing address of the 

member. An application may be made by the Code Authority to 

the National Industrial Recovery Board for an extension of the 

time limit for the registration by any mem9er of this industry if it 

appears that the time limit as provided herein might cause inJustice 

or undue hardship to any member of this industry. 

ARTICLE IX-iioNOPOLIES 

No provision of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE X-MODIFICATION 

SECTION 1. This Code and all the provisions thereof are expressly 

made subject to the right of the President, in accordance with the 

provisions of_ Sub-section (b) of Section 10 of the Act, from time to 

time to cancel or modify any order, approval, license, rule or regulation issu.ed under Title I of the said Act and specifically, but without limitation, to the right of the President to ca.noel or modify his 

approval of any provisions of this Code or any conditions imposed 

by him in his approval thereof. 
107 

SECTIOX 2. Thi Code, except a to provi ions required by the Act, 

may be modified on the basi. of experience or changP in circumstances, such modifications to be based. upon application to the ~,. ational I ndustrial Recovery Board and such notice and hearing as it 

shall specify, and to become ff ctive upon it. a proval. 

ABTI LE XI- REYIEW OF .\.cTs OF Com: ... \.l,TIIOmTIE 

If the X ational Industrial Reco"Very Board shall d.etennine that 

any action of the Code Authority or of any regional co e authority 

or any agency thereof may be unfair: or unjust or contrary to the 

public interest, the ... T ational Industrial Reco1""ery Boar l may require 

that such action be suspended to afford an opportunity for investigation of the merit · of such action and further con irleration by the 

Code Authority or of any regional code authority or agency pend- ing final action which shall not be effective unless the ~ -ational 

I ndustrial Recovery Board approve or unle:--s it ~hall fail to dis- approve after thirty days' notice to it of L-rttE:ntion to proceed with 

such action in its original or modifiecl form. 

ARTICLE XII- EFI'ECTIYE D ATE 

This Code shall become effective on the beginning of the thirtieth 

(80th) day after its approv3,.l by the Presjdent. 

Approved Code No. 530. Registry No. 1003-05. 

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