llllllllll~lilllilil~lliiflfllllil[ 11[1 \1fl [li~l~ 111111111 

3 1262 08482 9505 mendment No. 1 Registry No. 1010-1-02 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

CEMENT INDUSTRY 

AS APPROVED ON MAY 11, 1935 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

For sale by the Superintendent of Documents. Washini(ton, D. C. • • • - - - • • • Price 5 cents 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Washinoton, D. C., and by the foll owing N. R. A. offices: 

Atlanta, Ga. : 625 Citizens & Southern National Bank Building. 

Baltimore, Mll. : 1:30 Customhouse. 

Birmingh am, Ala. : 201 Liberty National Life Building. 

Boston, l\1as . : Room 1200, 80 F ederal Street. 

BufEalo, N. Y.: 219 White Buildincr. 

Chicago, Ill.: R oom 20-.l, 400 North Michigan Avenue. 

Cleveland, Ohio. : 520 Bulkley Building. 

Dallas, Tex . : 1212 R public Bank Building. 

D etroit, Mi ·b.: 415 New Feder a l Buil ding. 

H ouston , T ex. : 403 Milam Building. 

Jacksonville, Fla. : 425 United States Courthouse and Post Office 

Building. 

Los An()'eles, Calif.: 751 Figuer oa Street, South. 

Loui ville, Ky.: 408 l!-, der al Building. 

l\Iinneapolis, l\1inn. : 900 R oanoke Building. 

Nash vill e, Tenn.: 415 Cotton States Building. 

Newark, N. J.: 434 Industrial Office Building, 1060 Broad Street. 

New Orleans, La. : 2H Cu. torubouse. 

New York, N. Y.: 4- Broadway. 

Oklahoma City, Okla. : 427 Commerce E xch a nge Building. 

Philadelphia, Pa.: 933 Commercia l Tru t Buil r1 ing. 

Pittsburgh, Pa.: 401 Law and Finance Building. 

P ortland, Oreg. : 407 P a rk uildiug. 

Providence, R. I.: Nationa l Exch ange Bank Building, 17 Exchange 

Street. 

St. Loui , Mo.: Suite 1220, 506 Olive Street. 

Sa n Frnncisco, Calif. : H umbolt Bank Building, 785 l\fa rket Street. 

Seattle, Wa sh.: 1730 Exchange Building. 
Approverl Code No. 128--Amendment No. 1 

AMENDMENT TO CODE OF FAIR COl\1PETITION 

FOR THE 

CEl\ffiNT INDUSTRY 

As Approved on May 11, 1935 

ORDER 

)..-rPROVIXG AMEKDED CoDE OF F AIR Co::\IPETITION FOR THE CEMENT 

Ixuu- TRY 

An application having been duly made pur uant to and in full compliance with the provi ion of Title I of the ~ ational Industrial Recovery Act approved June 16 1933 for the approT"al of an amended 

Code of Fair Competition for the Cement Indu try and hearings having been duly h ld thereon and the annexed report on the aid 

amended Code containing finding with r pect thereto, having been 

made and directed to the President : 

NOW, THEREFORE. on behalf of the President of the United 

State the National Indu trial Recovery Board pursuant to the 

authority ve ted in it by ExecutiT"e Orclers of the Pre ident, including Executive Order No. 6 ~g and otherwi e; doe hereby incorporate, by reference said annexed report and does find that aid Code 

as con tituted after being amended complies with the pertinent provision and will promote the policy and purpo e of aid Title of said 

Act, and do£\ hereb order that the Code as amended be and it is 

hereby approved, ubject however to the following condition : 

(1) That the operation of ection of Article X of said amended 

Code be and it i hereb tayed a to all partie ubject thereto pending the further Order of the~ ational In lu trial Recovery Board, and 

to a:ffor l the Indu try in conjunction with the National Recovery 

Ad~~i tration an opportunity to make a further tudy of aid 

prov1 wn : 

( 2) That Article XVII ..,hall be deleted. 

"NATIONAL IKD TRIAL REcOv"ERY BoARD 

By \V. A. HARRDIAN, Administrative Officer. 

Approval recommended: 

w. P. ELLI 

Di ision Aclminish'ator. 

WASHL-GTON D. c., 

May 11, 1935. 

135365°----1844-25----35 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Sm: The original Code of Fair Competition for the Cement Industry was approved on November 27, 1933. The Cement Indu try as 

represented by the Code Authority for the Cement Industry subsequently submitted an application for modification of the Code of 

Fair Competition for the Cement Indu try approved on November 

27, 1933, by amending such Code as set forth and submitted in the 

application for amendment. 

The Labor and Consumers' Advisory Boards and the Legal Division of the National Recovery Admmi tration, and the National 

Recovery Administration also submitted propo als for amendment. 

To that end a public hearing was held on July 11, 1934. Every 

person who requested an appearance was properly heard in accordance with statutory and regulatory requirements. The Code was 

revised dtu·ing the recess of this hearin<Y and was submitted in its 

final form for approval by a duly authorized committee of the Code 

Authority acting upon resolution adopted by the Board of Trustees 

of the Cement Institute on December 29, 1934, and who represent 

98.4% of the Portland Cement productive capacity of the United 

States. 

The Portland Cement Industry includes the mining or quarrying 

of raw materials for use in the manufacture of products of the 

Industry and the manufacturing of products of the Industry, or the 

manufacturing of products of the Industry, or the original sale 

directly or indirectly of products of the Indu try by Members of the 

Industry. 

In general it may be said that production of Portland Cem.ent in 

the years 1928 to 1932 shows a decline of 54%. A comparison with 

the number of per ons employed in the Industry show a decrea e 

from 34,000 employees in 1928 to 11,941 in 1933, or a decline in 

employment of 68%. 

The rated capacity of the Cement Industry is about 272,000,000 

barrels per year. In 1932 Portland Cement in the amount of 

80,843,187 barrels wa shipped from 160 plants, and there were six 

plant li ted a inactive. The total rated production capacity was 

272,000,000 barrels and the rated capacity utilized wa 28.3 o-152 

plant shipped 64,086,000 barrals in 1933. The rated capacity utilized being 23.9 % ; the smallest in the present century. The lack 

of consumption cau ed seriou financial los e in many companie 

and led to major or erating economies such a part-time operation 

with low per onnel, contraction of sales organization ~ reduction in 

administrative personnel, etc. 

(2) 
3 

Due to the wide pread location of plants which in the main are 

in small communities, the Indu try i one that can show marked 

improvement in reemployment anl in operating ratio when the 

public work program get in full wing. For the fir t quarter of 

1934 th rewa a marked increa e in hipment . 

In the Code a appro ed November 27 1933, a provi ion wa made 

that no emplo ee hall work or be permitted to work in exce of 

42 hour in an} one we k or hour in any one day, nor more than 

36 hour p r week a T"eraged over an half calendar ear, except 

that employee engao·ed in emergency maintenance and repair work 

involving breakdown or prot ction of life or property and employee in packing and shipping departments, who hall not, however, work more than 10 hour in any one day or 36 hour per week 

averaged over any half calendar year. In keeping with the policy 

of the National Reco ery Admini tration all reference to the averaging pro"Vi ion ha been delete l in the amended Code and in lieu 

thereof has been sub tituted a provision that no employee shall be 

permitted to work in exce of 40 hour in any one week or 8 houn 

in any 24 hour period or for more than 6 days in any 7 day period, 

except a otherwi e provided for pecific employee . 

The Deputy Admini trator in hi final report to us on aid amendment to said Code having found as herein et forth and on the ba 1s 

of all the proceedings in thi matter: 

We find that : 

(a) The amendment to said Code and the Code a amended are 

well de igned to promote the policie and purpo es of Title I of the 

National Indu trial Recovery Act including the removal of obstruction to the free flow of interstate and foreign commerce which tend 

to dimini h the amount thereof and will provide for the general 

welfare by promoting the organization of Industry for the purpose 

of cooperative action of labor and management under adequate governmental anction and supervi ion, by eliminating unfair competi- tive practice , by promoting the fulle t po ible utilization of the 

pre ent productive capacity of indu trie by avoiding undue restriction of production (except as may be temporarily required), by increa ing the con umption of indu trial and agricultural products 

through increa ·ng purchasing power by reducing and relieving 

unemployment by improving standard of labor and by otherwi e 

rehabilitatincr Indu try. 

(b) The C'ocle a amended complie in all re pects with the pertinent pro"Vi ion of aid Title of said Act, including without limitation 

Sub ection (a) of ection 3, Sub ection (a) of Section 7, and Subsection (b) of Section 10 thereof. 

(c) The Cement In titute was and i an industrial group truly 

representative of the aforesaid Industry and that said group imposed 

and imposes no inequitable re triction on admi sion to member hip 

therein and consents to thi amendment. 

(d) The amendment and the Code a amended are not de igned to 

and will not permit or promote monopolies or monopoli tic practices. 

(e) The amendment and the Code as amended are not de igned to 

and will not eliminate or oppre s mall enterpri e and will not 

operate to discriminate again t them. 
4 

(f) Those engaged in other steps of the economic process ha.ve not 

been deprived of the right to be heard prior to approval of aid 

amendment. 

For these rea on., therefore, this amendment, ubject to the deletion 

of the specific pro' isions as set forth in the Order of Approval, has 

been approved. 

For the National Industrial Recovery Board: 

MAy 11, 1935. 

w. A. HARRIMAN, 

AW!ninistrative Officer. 
AMENDED CODE OF FAIR CO~fPETITION FOR THE 

CE~1ENT INDUSTRY 

ARTICLE I-P"CRPO E 

To effect the policie. of Title I of theN ational Industrial Recovery 

Act the following proYi ions are establi heel as a Code of Fair 

Ccm1 etition for the Portland Cement Indu try, and shall be the 

tandards of fair competition for uch Industry and hall be binding 

upon every ~fember thereof. 

ARTICLE II-DEFI~ITION 

SECTION 1. Wherever u eel in this Code or any upplement appertaining thereto, the tern enumerated in this Arti le II shall have 

the meanings herein defined, unle the context shall otherwise 

clearly indicate. 

SECTION 2. The term "Pre ident ', "A t" and "N. I. R. Board" 

shall mean respectively the Pre ident of the Unite 1 States, Title I 

of theN ational Industrial Recovery Act, and the National Industrial 

Recovery Board as created by Executive Order 6859 of September 

27, 1934. 

(a) The term "Code" shall mean the Code of Fait· Competition 

for the Cement Indu try as approved on November 27, 1933, as 

amended. 

SECTION 3. The term' Portland Cement Indu try" or "Industry" 

includes:· 

(a) The r_.ining or quarrying of raw material for u e in the manufacture of products of the Industry and the manufacturing of products of the Industry; or 

(b) The manufacturing. of products of the Industry; or 

(c) The original sale directly or indirectly of products of .the 

Industry by Members of the Industry. 

SECTION 4. The term " original ale" shall include, but without 

limitation the ale by a ~1ember of the Indu try of products of the 

Indu try purchased from another Member of the Indu try. 

SECTIO.r 5. The term " products of the Industry " includes the 

following: 

(a) Portland cement which comply with standard specifications 

or tentative standard of the American Society for Testing 

:.Material . (b) ~1oclified and/ or treated Portland cement . (c) Cementitiou product in which Portland cement or Portland 

cement clinker i an es ential con tituent and which are sold in competition with and used in lieu of Portland cement, excluding, however, masonry and/ or bricklayers' cements marketed and/or used as 

such. 

(5) 
6 

SECTION 6. The term" Member of the Indu try" includes, but without limitation, any individual, partnership, a sociation, corporation 

or other form of enterprise engaged jn the Industry, either as an 

employer or on his or its own behalf. 

SECTION 7. The term "affiliate" means any individual, partnership, 

association, corporation, or other form of enterprise whose relations 

to a ~1 mber of the Industry are such that either one has directly or 

indirectly a substantial interest in the other or that a third entity 

or a group of stockholders has directly or indirectly a substantial 

interest in both or sub tantial control of both. 

SECTION 8. The term "employee" includes anyone engaged in the 

Industry, in any capacity, receiving compensation for his service , 

irre ec~ive of the nature or method of payme11t of such con1pen ·ation, except a Member of the Industry. 

C'EcTION 9. The t erm " employer" includes anyone engaged in the 

Indu try by whom any such employee is compensated or employed. 

SECTION 10. The term "district" means each of the o·eographical 

producing districb of products of the Industry as now or hereafter 

designated by the United States Bureau of J\1i nes or other governmental agency. 

· SECTION 11. The term " productive capacity" shall mean the productive capacity of the Industry as determined by the United States 

Bureau of Mines. SEcTION 12. The term " Institute" shall mean The Cement Institute. 

SECTION 13. The term " Board " shall mean the Board of Trustees 

of The Cement Institute. 

SECTION 14, The term " plant" shall mean a P ortland Cement 

Manufacturing Plant. 

ARTICLE III-1-Iouns OF LABOR 

M XIMUM HOURS 

SECTION 1. No employee shall be permitted to work in excess of 

forty ( 40) hours in any one (1) week or over eight (8) hours in any 

twenty-four (24) hour period or more than six (6) day in any seven 

(7) . day period except as herein otherwise provided. 

HOURS FOR CLEniCAL AND OFFICE EMPLOYEES 

SECTION 2. No per on employed in clerical or office work shall be 

permitted to work in excess of an average of forty ( 40) hours per 

week c1 uring any five ( 5) week period, or more than forty -eight ( 48) 

hours in any one ( 1) week period. 

EXCEPTIONS TO HOURS 

SECTION 3. The limitations specified in Sections 1 and 2 of thi 

Article III shall not apply to the following: 

(a) Employees engaged in emergency maintenance or emergency 

repair work involving breakdown or protection of life or property; 

provided, that not less than one and one-half (1lj2 ) times the regu-
7 

lar wage rate for any employee o employed shall · be paid for all 

hour worked in exce of the maximum hour hereinbefore provided. 

(b) Emplo in pa king and hipping departments· provided 

uch employees shall not be permitted to work in exce of forty- eight (4 ) hour in any one (1) week· and provi led further, that 

not le than one and one-half (1V2 ) times the regular wage rate 

for any employee o emplo ed hall be paid for all hours worked in 

exce s of forty ( 40) hours in any one ( 1) week. 

(c) Per ons in a mana erial, executive, upervi ory or technical 

capacity and their immediate a i tant (excluding killed production worker ) , provided that thi exception hall apply to no uch 

employee who is paid le s than at a rate of Thirty-Five Dollars 

($35.00) per week; and ale and ale service employee . 

(d) Watchmen; provided such employee shall not be permitted 

to work in exce s of fifty-six (56) hour in any seven (7) day period, 

or more than six (6) days in any seven (7) day period. 

E:MPLOYDIEKT BY EVERAL E:i\-IPLOYER 

SECTION 4. No employer hall knowingly permit any employee to 

work for any time, which, when totaled with that already performed 

with another employer or employers in thi Indu try or any other 

Industry or in any Trade, exceeds the maximum permitted herein. 

ARTICLE IV-WAGE 

MINIM :M WAGES 

SEcTIO~ 1. Except a hereinafter provided, no employee shall 

be paid at le s than the hourly rates specified for each of the twelve 

(12) geographical eli tricts, which as now designated are set forth 

in Exhibit A of this Code as follows: 

M i nimum w age 

District: p er hour (cents ) 

No. 1. Ea tern Pennsylvania, rew Jersey, Maryland________________ 40 

No. 2. Jew York, 1\laine------------------------------------------ 40 

No. 3. We tern Pennsylvania, Ohio, ' e t Virginia__________________ 40 

No. 4. lichigan ------------------------------------------------- 40 

No. 5. Wisconsin, Illinois, Indiana, Kentucky______________________ 40 

(Except Jefferson and Meade Counties, Kentucky)---------- 38 

No. 6. Virginia, Tenne ee, Alabama, Georgia, Florida, Louisiana____ 30 

1'\o. 7. Ea~tern Missouri, Iowa, Minne ota; South Dakota____________ 40 

(Except St. Loui County, 1\linne ota, and RaiL ounty, 

lis ouri) -------------------------------------------- --- 37 

No. 8. We tern Missouri, Nebraska, Kansas, Oklahoma, Arkansas___ 40 

No. 9. Texa ------------------------------------------ - ---------- 30 ~o . 10. olorado, Iontana, Utah, Wyoming, Idaho_________________ 40 

No. 11. California ------ - -------- ----------------- ----------------- 40 No. L. Oregon, Washington____________________________ __ _________ 40 

The rates of pay hereinbefore provided shall not be under toad 

to be the maximum rates of pay for the re pective eli tricts. 

HANDICAPPED PERSONS 

SECTION 2. A per on who e earning capacity i limited becau e of 

nge, phy ical or mental handicap, or other infirmity, may be employed 

on light work at a wage below the minimum e tabli ·heel by this 

135365°----.1344--25----35----2 
8 

Code if the employer obtains from the state authority, designated by 

the United States Department of Labor, a certificate authorizing such 

person's employment at such wages and for u h hour as shall be 

stated in the certificate. Such authority shall be guided by the instructions of the United States Department of Labor in issuina certificates 

to such persons. Each employer shall file monthly with the Code 

Authority a list of such persons employed by him, showing the wages 

paid to, and the maximum hours worked by such employees. 

PIECEWORK COMPENSATION 

SECTION 3. The foregoing provisions of this Article establish a 

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

WAGES ABOVE THE MINIMUM 

SECTION 4. Adjustments of wages with respect to wages above the 

minimum shall be made V17ithin thirty (30) days after the effective 

date of this Code by each employer who has not heretofore made 

such adjustments since the enactment of the National Industrial Recovery Act. Su h adjustments shall mean the maintenance of a 

differential at least as great in amount as that existing between the 

wage rates for u ·h employment and the then exi tino· minima subsequent to the date of the last adju tment made prior to thi Code's approval on N OYember 27, 1933. In no event, however, . ·hall hourly 

rates of wages be re luced in making such adjustments. \Vithin sixty 

(60) days after the effective date of this Code each Member of the 

Industry shall make a report of uch adjustment, whether made prior 

to or sub equent to the date of approval of this Code, to the Code 

Authority. 

PAYMENT OF WAGES 

SECTION 5. Each employer shall make payment of all wag~s in 

lawful currency, or by negotiable check therefor, payable on demand. 

These wages shall be exempt from any deductions other than those 

voluntarily authorized to be deducted by an employee or required by 

law. Pay periods for wages shall be at no greater interval than every 

semimonth, and . alaries at no greater interval than every month. No 

employer shall withhold wages except as otherwise provided by law. 

ARTICLE V-GENERAL LABOR PROVISIONS 

CHILD LABOR 

SECTION 1. No person under eighteen ( 18) years of age shall be 

employed except in clerical, sales ervice, technical and engineering 

office duties, and no person under sixteen (16) years of age hall 

be employed in any capacity. In any state an employer shall b 

deemed to have complied with this provision a to age if he hall 

have on file a certificate or permit, duly igned by the authority, 

in such state, empowered to i sue employment or ag rtifi-cates or 

permits, showing that the employee is of the required aae. 
9 

PROYI IONS OF THE ACT 

SECTION 2. Pur uant to Sub ection (a) of Section 7 of the Act, and 

so long as this ode hall be in effect: 

(a) Employee hall have the right to organize and bargain collectively through r pre entative of their own choo ina- and shall 

be free from the interference re traint or coercion of employer of 

labor or their agents in the d ignation of such r epre entative or 

in elf-organization or in o her concerted a tivitie for the purpo e 

of collecti e bargaining or other mu ual aid or protection. 

(b) No employee and no one eeking employment hall be required as a condition of employment to join any company union or 

to refrain from joinino- organizing or a i ting a labor oro-anization of hi own choo ing. 

(c) Employers hall comply with the maximum hour of labor, 

minimum rate of pa and other conditions of emplo m~nt, approved or pre cribed by the Pre ident. 

STATE LAW 

SECTION 3. No provi ion in thi Code hall super ede any tate or 

Federal law which impo e on employer more tringent requirements as to age of employee , wages, hours of work, or a to afety, 

health, anitary or general working condition , or in urance, or 

fire protection than are impo ed by th_i Code. Standard for 

safety and for the protection of health hall be ubmitted by the 

Code Authority to the N. I. R. Board within three (3) month 

after the effective date of this amendment and when approved by 

the N. I. R. Board hall ha e the same effect as other provi ions 

of thi Code. 

RECLA SIFICATIOX OF EMPLOYEE 

SECTION 4. No employer shall recla if emplo ees or dutie of 

occu19ation performed or engage in any other ubterfuge o as to 

defeat the purpo e or provisions of the Act or of this Code. 

DI II AL FOR O:MPLAI:XT 

SECTION 5. N 0 employer hall eli mi or demote any employee f or 

making a complaint or gi ing evidence -with r pect to an alleo-ed iolation of the pro-vi ion of any Code of Fair Competition appro ed 

under Title I of the Act. 

PO ... TI .~: G 

SEcTio~ 6. All employer hall po t and keep po ted copie of this 

Code in con picuou place acce sible to all employees. EYery ~1ember of the Inclu try hall comply "ith all rul and reo-ulations relative 

to the po ting of provi ion of Code of Fair C mpetition which may 

from time to time be pre cribed by theN. I. R. Br•ard. 

CO iPA.._Ty TOW ... - AXD T RE 

SECTION 7. Employee other than maintenance or ·upervi ory men, 

or packer , or those nece ~ary to protect prop rty rna y not be required 
10 

as a condition of employment to live in houses rented from or specified 

by the employer. No employee shall be required as a condition of 

employment to trade at a store owned or specified by an employer. 

ARTICLE VI-ORGANIZATION, PowER AND DuTIES OF THE CoDE 

AuTHORITY 

ADMINISTRATION 

SECTION 1. A Code Authority is hereby constituted to cooperate 

with the N. I. R. Board in the administration of this Code, 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. 

SECTIO~ 2. The Code Authority shall be the general planning, co- ordinE~ting, and administering agency of this Code and shall operate 

in acco~·dance with the provisions of this Code and pursuant to by-laws 

adopted thereunder. 

ORGANIZATION AND CONSTITUTION 

SECTION 3. The Code Authority shall consist of not more than ten 

( 10) members to be selected as follows: 

(a) Seven (7) members, with one (1) vote each, shall be elected by 

the Board, one (1) of whom shall be designated to serve as the 

chairman. 

(b) Not more than three (3) members without vote and without 

compensation from the Indu try may be appointed by the N. I. R. 

Board. 

SECTION 4. The Institute shall : 

(a) Impose no inequitable restrictions on membership. 

(b) Submit to th N. I. R. Board true copies of its articles of 

a sociation, by-laws, rules and regulations any amendments when 

made thereto, together with any other information relating to membership, organization and activities as the N. I. R. Board may deen1 

necessary to effectuate the purposes of the Act. 

SEcTION 5. Nothing contained in tlns Code shall constitute the 

members of the Code Authority partners for any purpose; nor shall 

any member of the Code Authority be liable in any manner to anyone 

for any act of any other Inember, officer, agent or employee of the 

Code Authority; nor shall any member of the Code Authority exerci ing reasonable diligence in the conduct of his duties hereunder 

be liable to anyone for any action or omi sion to act under this Code, 

except for his own wilful malfeasance or nonfeasance. 

SECTION 6. In order that the Code Authority shall at all times 

be truly representative of the Industry and in other respects comply 

with the provisions of the Act, the N. I. R. Board may pre cribe 

such hearings as it may deem pror er, and thereafter if it shall find 

that the Code Authority is not truly representative or does not in 

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

an appropriate modification of the Cod Authority. 

SE TION 7. If the N. I. R. Board shall at any time determine that 

any action of the Cod Authority or any agency thereof may be 

unfair or unjust r ontrary to the public int re t, the N. I. R. Board 

may require that such action be suspended to afford an opportunity 
11 

for inve ti ·ation of the merit of uch a tion and further con i ler a- tion by u h ode A uthority or agency pending final action which 

hall not be effectiYe unle the N. I. R. Board approv s or unless 

it hall fail to disapprov after thirty (30) day. notice to it of 

intention to proceed with uch action in it original or modifie l 

form. 

SECTION 8. Any ~1 mber of the Industry shall be ntitled to p ar- ticipate in and hare the b nefits of the a tivitie of the Cod Authority, and to participate in the selection of the members thereof 

by complying with the requirements of thi Co le an(l by payino· 

hi rea onable share of the expenses of it aclmini tratiO!L The reasonable hare of expenses of administration shall be determined by 

the Code Authority subject to review by the N. I. R. Board on the 

ba is of volume of bu ine · and/ or such other factor · as may be 

deemed equitable to be taken into con ideration. 

SECTION 9. No member of the Code Authority or of any committee 

de ignated by it shall participate in a proceeding in which he or it 

i interested, either a complainant or a respondent, or in which he 

or it is in any other manner directly interested. 

POWER AND DUTIES 

SECTION 10. Subject to such rules and regulations a may be is ue l 

by the N. I . R. Board to the extent permitted by the Act, the Code 

Authority shall have the following power and dutie , in addition to 

those authorized by other provision of this Code: 

(a) To obtain from ~1emb rs of the Industry, through a disinterested agency, uch information and reports as are required for the 

administration of this Code. In addition to information required to 

be submitted to the Code Authority, Members of the Indu. try subject to this Code shall furni h such statistical information as the 

N. I. R. Board may deem necessary for the purpose recited in Section 3 (a) of the A t to such Federal and State agencies as it may 

designate; provided that nothing in this Code hall relieve any Member of the Industry of any existing obligations to furni h reports to 

any government agency. No individual report shall be disclosed to 

any Member of the Industry or any other party except to such other 

governmental agencie as may be directed by theN. I. R. Board, and 

except as may be required by any provi ion of this Code. 

(b) To u e uch trade a ociation and other agencies as it deems 

proper for the carrying out of any of its activitie provided for 

herein; provided that nothing herein shall relie' e the Code Authority 

of its duties or re ponsibilities under this Code and that su h trade 

as ociations and agencies hall at all time be ubject to and comply 

with the provi ions hereof. 

(c) Upon complaint of interested parties, upon request of the 

N. I. R. Board, or upon its own initiative, to make such inquiry and 

inve tigation as to the operation an l ob ervance of this Code as may 

be nece ary and report the results thereof to the N. I. R. Board for 

such action by it as may be in accordance with law. 

(d) To provide appropriate facilities for arbitration, and ubj ect 

to the approval of theN. I. R. Board, to pre cribe rules of procedure 

and rules to effect compliance with awards and determinations. 
12 

(e) To call meetings of J\1embers of the Industry to consider further trade practice provisions to govern Members of the Indi.1stry in 

their relations with each other or with other industries, measures for 

industrial planning, measures for control of production, measures for 

stabilization of employment and conservation of natural resources, 

as the Code Authority shall consider to be for the best interests of the 

Industry, and to recommend to the N. I. R. Board such measures as 

have been voluntarily agreed upon, such recommended measures, upon 

approval by the N. I. R. Board, after such notice and hearing as it 

may prescribe, to have the same effect as other provisions of this 

Code. 

(f) To prepare and submit to the N. I. R. Board for approval a 

standard method or system of unifonn cost accounting which shall 

specify all items and include all elements of manufacturers' cost. 

Nothing contained herein shall be construed to permit the Code Authority, any agent thereof, or any J\1ember of the Industry to suggest 

uniform additions, percentages or differentials or other uniform items 

of cost which are designed to bring about arbitrary uniformity of 

costs or prices. Thereafter, each Member of the Industry shall utilize 

such methods to the extent found practicable. 

(g) Any interested party shall have the right to complain to the 

Code Authority under such rules and regulations as it may prescribe 

in respect of any rule, regulation, order or finding made or course 

of action pursued by the Code Authority, and any interested party 

shall have the right to appeal to theN. I. R. Board under such rules 

and regulations as it may prescribe in respect to any decision, rule, 

regulation or course of action of the Code Authority, pursuant to any 

provision of this Code. 

SECTION 11. Each Member of the Industry shall keep such accurate 

and complete records of its transactions in the Industry as may be 

necessary to show compliance with the provisions of this Code, and 

shall furni h accurate reports based upon such records concerning any 

of its activities when required by the Code Authority or the N. I. R. 

Board. If the Code Authority or the N. I. R. Board shall determine 

that substantial doubt exists as to the accuracy of any such report, so 

much of the pertinent books, records and papers of such member as 

may be required for the verification of such report may be examined 

by an impartial agency, agreed upon between the Code Authority and 

such Member-1 or in the absence of agreement, appointed by the 

N. I. R. Board. In no case shall the facts disclosed by such examination be 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 required for the proper administration 

or enforcement of the pro vis] ons of this Code. 

ECTION 12. No J\1ember shall furnish any information required 

by any provision of this Code which is inaccurate or misleading in 

any material particular. 

ARTICLE VII-LIQUIDATED DAMAGE AGREEMENT 

SECTION 1. Recognizing that violation of any provision of this Code 

by a Member of the Industry will disrupt the normal course of fair 

competition in the Industry and cause serious damage to other Members of the Industry, and that it will be impossible to determine ac-
13 

curately the amount of uch dama<Ye to any J\1ember or Member of 

th Indu try it i h reby provided that any M mber of th Indu try 

rna enter into an agreement with an other J\1ember or :Member of 

the Inclu tr. providing for the pa ment of liquidated dama<Ye by 

an. party thereto upon violation by him of any provi ion of the 

Cod · provided however, that u h agreement hall become ffective 

and binding upon the partie thereto only after the execution th reof 

hall have received th con ent of theN ational Recovery Admini tration. It i further provided that Member of the Indu try d irjng 

to do o may enter into a contract ub tantially in the form of Exhibit 

D appended to thi Code. 

E TION 2. Violation of uch a ontract hall not in an en e be 

deem d a violation of thi Code \Tithin the purYiew of Section 3 (b), 

3 (c) and 3 (f) or other pro i ion of the Act. Rather, it i intended 

in thi Article that the force and effect of aid contract will be derived from the individual and private action of the parti and not 

from any provi ion of thi Code or of the Act or of any rule · and 

regulations pre cribed pursuant thereto. 

ARTICLE VIII- OPEN PRICE FILING 

SECTIOX 1. Each Member of the Inclu try nl ~ file with a confiden- tial and eli intere ted a<Yent of the Code Authority identified li ts 

of all of hi price eli count allowance and all other term or condition of ale, hereinafter in thi Article referred to a price term ", 

which li ~ t hall completely ancl accurately conform to and repreent the individual pricing practice of aid Thlember. Such li t hall 

contain the price term for all product of the Indu try a are old 

or offered for sale by aid Member. Said pri e term hall in the 

fir t in tance be filed within five ( 5) day after the date of approval 

of thi Code and Member of the Indu try hall make the arne public 

by broadca t quotation to the trade o that competitor the trade, 

and the buying public may at all times have accurate information relative thereto. Any Member of the Indu try may from time to time 

change or revi e hi price term by filin()' uch revised price terms 

with the agent of the Code Authority. Immediately upon receipt 

thereof, aid agent hall by telearaph or other mean which i equall[ 

a prompt a the method u eel by the filer acknowledge receipt thereo . 

The agent of the Code Authorit hall with equal promptne notify 

all intere ted Member of the I ndu try of uch revi ions and the operative date thereof b uch mean a. the Code Authority deem nece -

ar. . Said li t or revi ion or any part thereof hall not be made 

available to any 1\fember of the Indu try or cu tomer until relea eel 

to all intere ted 1\Iember of the Indu try. 

SE TION 2. No 1\Iember of the Indu tr. hall anticipate by quotation, ale contract or otherwi e any chang or revi ion of price 

term until the arne shall haTe been on fil five (5) day at the 

offi e of the confi l ntial, di ·intere t d agent of the Code Authority. 

At the expiration of uch five 5) clay filing period the aiel changes 

r re\i ion hall become operati' e and u h fifth da fr m the 

elate the filing i received at the office of the Code Authorit · a<Yent 

hall be known a the operative late. ' uch change or r Yi ... ion 

hall be rna le public by broadcast quotation to the trade in the 

manner provided in ection 1 hereof but not prior to the operative 
14 

date. When any Member of the Industry has filed any rev1s10n 

such ]\1ember shall not file a higher price within five ( 5) days. 

Prices on file with the confidential, disinterested agent of the Code 

Authority shall be made available for inspection by any customers 

of Members of this Industry at the office of the Code Authority's 

agent and shall be disseminated to customers who have applied 

therefor and have offered to defray the cost actually incurred by the 

Code Authority in the preparation and distribution thereof. The 

Code Authority's agent 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 N. I. R. Board. 

Upon request the Code Authority's agent shall furnish the N. I. R. 

Board or any duly designated agent copies of any such lists or 

revisions of price terms. 

SECTION 3. No Member of the Industry shall ell or offer to sell 

any products of the Industry, for which price terms have been filed 

pursuant to the provisions of this Article, except in accordance with 

such price terms; provided, however, that any Member of the Indu try may meet the revised price terms of another Member, e tablished by the above method, as of their operative date and period, 

and all Members meeting such revised price terms shall make the 

same public by broadcast quotations to the trade and hall notify the 

Code Authority's agent that they are meeting such price terms. 

SEcTro·N 4. 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 Indu try 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. 

SECTION 5. Manner of Procedure on Price Changes: 

DECLINES IN PRICE 

(a) Filed revised prices resulting in price declines shall be retroactive on all shipments made within five ( 5) calendar days before 

the operative date thereof, and for such shipments a· Member of the 

Industry shall issue new invoices on the basis of the new filed price 

as soon as such revisions become operative. 

ADVANCES IN PPJCE 

(b) Filed revised prices resulting in price advances shall be made 

effective to the trade five ( 5) calendar days after the operative date. 

During the. five ( 5) days prior to the effective date of an advance, 

current market orders may be booked at the prior price for shipment 

not more than fifteen (15) days from the date the advance becomes 

effective. 

(c) Each specific work quotation shall contain a provision permitting withdrawal on five (5) days' notice. 

(d) After an advance in price all outstanding quotations on work 

for which bids have been opened, which quotations extend longer than 

fifteen (15) days from the effective date. of the new price, shall be 

withdrawn or revised to expire on such fifteenth day. 
15 

(e) All quotations at the prior price, made during the five (5) 

day notice period shall be confined to jobs on which bids are to be 

opened prior to ten (10) days from the effective date of the new price. 

Such quotations may be closed by contract not later than fifteen (15) 

days from the effective date of the new price. 

(f) All quotations outstanding on job on which bids are to be 

opened later than ten (10) days from the. effective date of the new 

price shall be withdrawn, and any quotations made on uch jobs durincr 

the five (5) day notice period shall be at the new price. o 

CONTRACTS 

SEcTION 6. Nothing in this Code hall prevent a Member of the 

Industry from selling products of the Indu try in accordance with the 

terms of a legally binding contract provided the conditions of this 

Article VIII are complied with. The provi ions of Sections 6, 7, 8 

and 9 of this Article VIII shall apply only to specific sales orders and 

specific sales contracts. 

(a) No Member of the Indu try may make a contract or order to 

sell products of the Industry or sell pursuant to such a contract or 

order unless such contract or order contains a definite and accurate 

statement of all items neces ary to form a complete legally binding 

contract or order, such as price, terms of payment quantity, place of 

delivery, effective period of contract or order, name of purchaser, 

name of user and a complete description of the work. 

(b) No contract or order for sale of products of the Industry shall 

contain any provision which would require a Th1ember of the Indus- try to do any act in violation of this Code. 

FILING OF CONTRACTS 

SECTION 7. Every Member of the Industry shall file with an agent 

of the Code Authority a copy of every contract or order by which 

he sells or undertakes to sell products of the Industry. The agent 

of the Code Authority shall maintain a file of such contracts or 

orders which shall be open to the inspection of interested 11embers 

of the Indu try in accordance with such rules and regulations as 

may from time to time be provided by the Code Authonty with the 

approval of theN. I. R. Board. Each contract or order so filed shall 

contain or be accompanied by a statement of the nature and quantity 

of products involved and a complete statement of all price terms 

included therein, as provided in Section 6, Sub' ection (a) of this 

Article VIII. Each such contract or order which is made on or 

after the effective date of this amended Code shall be so filed within 

five ( 5) days from the date of execution thereof. Each outstanding contract or order which is in effect on the effective date of this 

amended Code shall be so filed within ten (10) days from the effective date of this amended Code, and shall be accompanied by a 

statement indicating the quantity of products specified therein which 

remains tmdelivered. The filing of other than bona fide contracts 

or orders will constitute a violation of this Code. Upon receipt of 

such filed orders or contracts the agent of the Code Authority shall 

send digests thereof to all interested Th1embers of the Industry. 

135365°----1844--25----35----3 
16 

NOTICE OF COMPLETION 

SECTION 8. Each Member of the Industry shall notify the agent 

of the Code Authority of the completion of each such contract or 

order within ten (10) days after the date of such completion. 

EXTENSION 

SECTION 9. No contract or order shall constitute a defense to any 

charge alleging violation of this Code if the effective period thereof 

is extended or if there is any substantial overshipment thereunder. 

Nothing in this Article shall prevent any Member from making a 

new contract or order with any person provided the terms thereof 

are not in violation of the terms of this Code or amendments hereto 

which are in effect at the time of making such contract or order, and 

provided further that a copy of such new contract or order is filed 

as provided in this Article. For the purpose of this Article every 

r evi ion, modification, renewal or extension of any contract or order 

shall constitute a " new contract". 

ARTICLE IX-TRADE PRACTICES 

SECTION 1. The following trade practices are specifically declared 

to constitute unfair methods of competition between Members of 

the Industry, and no Member of the Industry shall use or engage in 

any of them, either directly or indirectly, through any officer, agent, 

affiliate or employee. Engaging in any one or more of these or any 

further trade practice provisions which hereafter may be established as unfair, on recomn1endation by the Code Authority approved by the N. I. R. Board after such hearings as it may prescribe, 

shall be deemed to be in violation of this Code. 

SECTION 2. No Member of the Industry shall give, permit to be 

given, or directly offer to give, anything of value for the purpose 

of influencing or r ewarding 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, \\ithout the knowledge of such employer, principal or party. 

This commercial bribery provision shall not be construed to prohibit 

free and general distribution of articles commonly used for advertising except so far as such articles are actually used for commercial 

bribery as hereinabove defined. 

SECTION 3. Imitating or simulating any design, style, mark or 

brand owned by any other Member of the Industry, provided that 

nothing herein shall prevent any Member from using any design, 

style, mark or brand with the consent of the owner. 

SECTION 4. l\1odifying or cancelling in whole or in part, or permitting the modification or cancellation in whole or in part, of any 

contract of sale of any product for the purpose or having the effect 

of effectuating a new contract with the buyer when the effect of such 

modification or cancellation is to create an advantage in price terms 

for a l\Iember of the Industry or to violate any provision of thi Code. 

SECTION 5. Knowingly inducing or attempting to induce the breach 

of any existing contract (including specific sales order ) between 

any other l\1ember of the Industry and his cu t01ner or hi source of 

supply; or interfering with or obstructing in any manner the per-
17 

formance of contractual duties or services between a Member of the 

Industry and his customer. 

SECTION 6.· Knowingly selling or offering to sell products of Indu try for specific proJects or period requirements to a purchaser with 

whom another Member of the Industry has a contract to furnish 

products of the Industry for the same requirements without first havmg taken the following teps: (a) Filing with the Code Authority 

proof that he has been reque ted by the cu tomer to furnish such 

products for such requirements, and (b) notifying said other Member of the Industry of his intention to sell products to such purchaser. 

SECTION 7. Disseminating, :publishing or circulating any false or 

misleading information relative to any product or price for any 

product of any l\1:ember of the Industry, or the credit standing or 

ability of any Member of the Industry to mine or quarry raw materials, or manufacture or sell or deliver products of the Industry. 

SECTION 8. No Member of the Industry shall knowingly withhold 

from or insert in any quotation, contract, or invoice, any statement, 

the withholding or insertion of which makes such quotation, contract 

or invoice inaccurate in any material particular. 

SEcTION 9. Making any sale or contract of sale of any product of 

the Industry under any description which does not fully describe 

such product in the nomenclature customarily used in the Industry. 

SECTION 10. Secretly paying or allowing rebates, refunds, commissions credits, unearned di counts, exce s allowances, special services 

or privileges, whether in the form of money or otherwise, to certain 

purchasers which are not extended to all purchasers under similar 

circum tances for the purposes of influencing a sale. 

SECTION 11. Permitting, directly, or indirectly, the consummation 

of any sale made with the intent, or having the effect, of violating 

the provisions of the Act and of this Code. 

SEcTioN 12. Aiding or abetting any person, firm, association or 

corporation, directly or indirectly in any practice which would tend 

to defeat the provisions of the Act and of this Code. 

SECTION 13. To compensate salesmen in any manner other than 

upon a fixed salary and full-time basis. To pay or offer to pay directly or indirectly any commissions or other remunerations for the 

sale of cement except as provided herein. 

SECTION 14. To divert or permit the diversion of shipments of 

cement, the effect of which will be to enable a purchaser or user to 

secure cement at variance from the Member of Industry's filed price 

terms for the point of final destination. 

SEcTioN 15. The prepayment of transportation charges on shipments consigned to other than the Member of the Industry itself 

(except in the case of railroad freight charges to stations to which 

regulations require prepayment from any shipping point) or the 

payment of demurrage charges by any l\1ember of the Industry on 

such hipments; provided, however, that the foregoing provision, 

except as to demurrage charges, shall not apply to shipments purchased directly by and consigned to departments of the United States 

or State Governments. 

SECTION 16. Knowingly diverting or permitting to be diverted to 

other uses, cement shipped for a specific work project or knowingly 

shipping on a peci.fic sales order or contract an amount of cement 

in excess of the actual needs of such work. 
18 

SECTION 17. To entice the employees of a competitor with the 

intent or effect of interfering with the conduct of the business of 

such competitor; provided that nothing herein shall be construed 

to prevent any employee from voluntarily changing his employment 

in order to better his condition. 

SECTION 18. Knowingly to ship cement by any transportation 

agency which makes payments or concessions by rebates or otherwise 

for the purpose or with the effect of inducing or influencing the sale 

or purchase of cement. 

SECTION 19. The payment, or offer to make payment, directly or 

indirectly, of any advertising expenses of purchasers or users of 

cement. 

SECTION 20. Lavish, excessive, or undignifit-.d entertainment of 

purchasers or users of cement, or others connected therewith; donating funds, or providing banquets or other similar lavish entertainment for purchasers or users, or associations thereof; giving 

or offering to give premiums, personal gifts, gifts of cement, or gifts 

of any other commodity of value to purchasers or users of cement. 

SECTION 21. Selling or offering to sell a non-Industry product 

together with an Industry product when the combined price for 

the two products is less than the ar.plicable filed price for the Industry product, plus invoice cost (including transportation costs) 

for the non-Industry product, or the filed price for this non-Industry 

product by a Member of this Industry who is also a Member of the 

Industry of which this non-Industry product is an Industry product, 

for the purpose or having the effect of influencing or inducing the 

sale of products of the Industry and thereby creating an unfair 

price advantage for a Member of the Industry. 

SECTION 22. The furnishing of articles or facilities of a de'finite 

physical nature, whether by way of loan, lease, gift, or otherwise, 

without commensurate consideration therefor. (Services to purchasers or users are proper under fair competition, if confined within 

the limits of advice and con ultation.) 

SECTION 23. Maliciously refusing to sell to, or m.aliciously interfering with the business of, dealers or users of products of the Industry purchased from a competitor, for the purpose of interfering 

with the conduct of the business of such competitor. 

SECTION 24. Filing or agreeing to file new price terms or making 

or agreeing to make any new or special price, or prices, or terms, on 

Industry or other products, as a condition or in consideration of the 

receipt or placement of an order for any product of the Industry. 

SECTION 25. Using any subterfuge, either in collusion with an affiliate or otherwise, for the purpose or with the effect of evading or 

violating the provisions of the Act or of this Code; or engaging rn a 

transaction involving, or being a party to a sale influenced by any 

act performed by an affiliate or otherwise, which act if performed by 

such Member of the Industry would be a violation of this Code. 

SECTION 26. The direct or indirect giving, permitting to be given, 

or offering of money or anything of value by a M~mber of Industry, 

or his agents, employees, salesmen, or representatives, to the agents, 

employees, buyers or representatives of customers or prospective customers, or to the customers themselves, for the purpose of inducing 

such customers, or their agents, employees, buyers or representatives, 
19 

to purchase or contract to purchase products from the Member of 

Industry making such gift, or suffering the same to be made, or to 

refrain from dealing or contracting t deal with competing Members 

of Indu try. 

SECTION 27. The following practice , undertaken for the purpose or 

with the effec~ directly or indirectly, of furthering the sale or use 

of a particular brand of cement hall constitute unfair trade pra tices 

and a violation of this Code: 

(a) Except with the approval of theN. I. R. Board (which, when 

given, shall apply to all Members of the Industry in the marketing 

area affected) the purchase by any Member of the Industry of bonds 

or other ecuritie , i sued for the financing of con truction work, 

either in the name of the Member of the Indu try, its subsidiarie , or 

of individuals, or officers connected therewith, or the acceptance of 

such bonds, or other securities, in payment, wholly or in part, for 

cement, or the advance, loan, or payment of any monies by a Member 

of the Industry for the purpose of inducing the purcha e of cement, 

or to assume co t of bidders' bonds or to endorse or guarantee or in 

any way relieve a bidder of the re ponsibility for or the expen e of 

providing such bonds. 

(b) For a l\1ember of Indu try to maintain or utilize any bu iness 

relation hip with any purcha er or user of the products of thi Indu -

try, whether or not such purchaser or user is an affiliate, a member 

of another Indu try1 or any individual, partner hip, corporation, 

a sociation or w-ther form of enterprise for the purpo e or with the 

effect of violating any provisions of the Act or of thi Code. 

(c) For the purpose or with the effect of evading the provi ions 

of this Code, the purchase of fuel or supplie , either directly or indirectly, or in the name of the company, or its subsidiaries, or of individuals, or officers connected therewith at prices above the market 

price thereof at the time of purcha e. . 

ARTICLE X-METHOD OF SELLING AND MARKETING CEMENT 

SECTION 1. Becau e of inherent varying conditions in the several 

widely separated marketing areas throughout the United States, 

the Code Authority may submit recommendations to the N. I. R. 

Board for such exceptions to any of the provisions hereof, for all 

Members of the Industry in the marketing areas affected, as to it 

may seem appropriate or necessary to better effectuate the purposes 

and provisions of this Code. 

SECTION 2. No Member of the Industry shall discriminate in 

prices, terms and conditions of sale at the same time and place of 

delivery between purchasers or users of cement in the same class 

and similarly situated. 

SEcTION 3. The products of this Industry shall be marketed on 

the basis of a barrel weighing three hundred and seventy-six (376) 

pounds net; unless a different weight shall have been filed with the 

Code Authority, and shall be delivered in the following manner: 

(a) In cloth or paper sacks; four (4) sacks of ninety-four (94)' 

pounds net each constitute a barrel, unless a different weight shafl 

have been filed with the Code Authority's agent and printed on the 

container. 
20 

(b) In bulk invoiced on the basi of scale weights at point of 

or~g~n or enroute or nearest track cales enroute from point of 

ong1n. 

( 1) Settlement on carload shipments of bulk cement shall be on 

track scale weights of carriers unless the con ignee proves by notation on freight bill by railroad agent a to fact and extent of shortage occurring on orne particular car an l only in that ca e providing that claim for shortage is made within fifteen ( 15) day after 

the arrival of uch car at de tination. 

(2) vVhen grain doors, bulkhead or board are u eel to protect 

shipment of bulk cement, the weight of uch dunnage shall be 

con idered a a part of the tare weight of the car. SECTION 4. Cement shall be sold either on current or market 

order for delivery within fifteen (15) day , or on order or contract for future delivery beyond fifteen (15) days. Quotations 

on current orders hall be for imme Eate acceptance, and orders 

for delivery within fifteen (15) day shall be subject to shipment 

on the fifteenth day without notice to the buyer. 

SECTION 5. Orders or contracts for future deli very beyond fifteen 

(15) day from date of purchase hall be old either to cover 

period requir ments or specific work. 

SECTION 6. Exhibit Band C attached to thi ·Code are de ·igned and 

sugge ted for use in closing conunitment for the delivery of cement 

beyond fifteen (15) day from date of purcha e for pecific work or 

period requirement . Exhibit B (sp cific ale ordeT) hould be executed where a sale is made by a Member of thi Indu try to a dealer, 

and Exhibit C (specific sales contract) hould be executed: 

(a) To cover unfini heel commitments with dealers under Exhibit 

B in event of an increase in the market price. 

(b) To cover new commitments with dealers at price prior to an 

advance but clo eel during the period immediately following the 

advance. Such contract hall be supported by dealer's record of prior 

deliverie and ontractor's written estimate of requirements. 

(c) To cover initially all direct ale by M mbers of this Industry 

for delivery beyond fifteen (15) days. 

SE TION 7. Ti1ne of Closing Cal ndar R qub~e nt Contracts.-

Contracts for any quarter shall be quoted or clo eel not earlier than 

the fir t clay of the la t month of the pr eding quarter. 

SECTION 8. 'Vhere land grant or other pecial freight rates are 

applicable to ·hipments to the United State Government, a Member 

of the Industry may file with the Code Authority in the manner prec: ribed for prices under Article VIII, destination co ts to the United 

States Government computed on such rates. Any M mber of the 

Inclu try may meet destination cost thu establi heel, a of their 

operative da te.

1 

SECTION 9. To prevent diversions of cement prohibited by this Code 

and to in ure the broade t field of active comp tition for all cement 

bu ine s off red cement shall not be quot-ed or old in quanti tie or for 

point · of delivery \Vhich are not clefinit ly eci.fied. 

ECTION 10. The provi ion of thi Arti le are de ian c1 to meet 

pr ent indu trial an l ocial condition a they relate to th Portland 

C ment Indu try; but theN. I. R. Board reserve the right, from time 

1 S <C paragraph 2 (1) of order approving thi .Amendro nt. 
21 

to time and after such hearing as may be deemed necessary, to modify 

the provisions hereof, a conditions and circumstances may indicate to 

be necessary to effectuate the policy and provisions of the Act. 

ARTICLE XI-TERMS AND CoNDITIONs OF SALE 

SECTION 1. All future ales orders and future sales contracts for 

the ale of product of the Industry shall contain a definite statement of price, quantities, terms of payment, time and place of delivery, and all other terms of sale necessary to form a complete and 

unambiguous contract. 

SECTION 2. Attached hereto and marked Exhibits B and C are 

forms of future specific sales orders, and contracts, the provisions, 

terms and conditions of which have been agreed to by Members of 

the Industry as representing in substance the best practices within 

the Industry. 

SEcTION 3. Terms of payment hall be as follows: A cash discount 

of not in excess of ten cents (10¢) per barrel may be deducted from 

invoices paid in full within fifteen (15) days frmn date of issue. A 

cash discount of not in excess of twenty cents (20¢) per barrel may 

be deducted from invoices for 'iVhite Portland cement paid in full 

within fifteen (15) days from date of issue. Invoices not discounted 

are payable net thirty ( 30) days from date of issue. 

(a) Where purchases involve frequent shipments, a plan of semimonthly remittance, based on a fifteen (15) day average, may be 

used as follows : 

All invoices dated from first day of month to fifteenth day of 

month, inclusive, to be paid by the 22nd of that month; and all invoices dated 16th to 31st, inclusive, to be paid by the 7th day of the 

following month. 

(b) Cash discount shall not be allowed if remittance is forwarded 

after the expiration of the fifteen ( 15) day period, or semimonthly 

period; or if deduction is made in the remittance for cloth sacks to 

be returned or in transit and not yet credited; or if the remittance 

consists in whole or in part of notes, trade acceptances, crip, war- rants (whether interest bearing or not) or any medium other than 

ca h or bankable check for the full amount of the invoice upon which 

cash discount i deducted. 

(c) The postmark date at point of mailing shall determine the 

date of remittance. (d) No unearned discounts hall be allowed. 

SECTION 4. Package Charges and Allowances 

(a) When cement is shipped in cloth or paper sack the price shall 

include the Member of the Industry's published deposit or leasing 

charges for cloth sacks or the selling charge for paper sacks and payment of such charges hall be required at the same time as the cement. (b) When used cloth sa·cks are returned empty to the Member of 

the Industry the credit or allowance shall at all times be in accordance 

with the Member's published terms and conditions of sale. 

INVOICES 

SECTiON 5. Invoices shall be dated as of the date of shipment (provided where special and unusual conditions prevail, the Members of 

the Industry in the district or districts concerned, may, subject to the 
22 

approval of the Cole Authority an l the N. I. R. Boar l change this 

provi ion t conform to uch pe ial and unu ual condition ) an l hall 

contain full information a to price, quantity kind of I ackage, terms 

of pavment 1 lace of deli' erie rou'" ing. amount of fr ight allowed, 

and any other data nece sary to show fully all condition entering 

into the . ale. Any deYiation or conce ion from the e conditions 

1 an unfair practice. 

ARTICLE XII-ST.A ' DARDIZATION OF PROD CTS 

SE TION 1. All Portland cement markete l by 1\1embers of the Indu tr hall comply with the tandard pecification andj or tentative 

standard for Portland cement of the American Society for Testing 

:Material , and/ or the American Standard A ociation andj or the 

Federal Specification Board. :Members of th Industry may ell 

' Product of the Indu try 'other than Portland cement under pecifications that are de igned to meet special or unusual conditions not 

adequately or properly covered by the pecifications hereinabove referred to; provided, however that the price at which such "Products 

of the In lu try" are old hall be filed with the Code Authority in 

accordance with Article VIII. 

SEcTION 2. Every 1\1ember of the Indu try hall guarantee his produ ts to comply with all of the condition of the pecifi ation under 

which they are old, but shall not be re ponsible for the improper u e 

of cement and therefore shall not guarantee fini heel work nor shall 

the Member of the Industry be responsible for conditions of product 

after delivery. 

SE TION 3. No 1\1ember of the Industry shall pay or ab orb, directly 

or indirectly any charges for inspe tion or test made by or on behalf 

of the purchaser to determine compliance with specification therefor. 

ARTICLE XIII-EXPORT TRADE 

Nothing in thi Code contained excepting, howe\ er, the wage, 

hour and general labor provi ion , shall be deemed to apply to or 

affect the ale by any Member of the Indu tr. of any product of 

the Ind u try for direct shipment in export tra le. 

ARTI LE XIV-1\1omFI ATIONs 

SECTION 1. Thi ode and all the pro i ion thereof are expre ly 

made ubject to the right of the Pre ident in accordance with the 

pro vi ion of Sub ection (b) of Section 10 of the Act from time 

to time to can el or modify any ord r, apr roval licen rule or 

r egulation i ned under aid Act. 

SECTION 2. Except a to the provi ion required by the Act this 

Cod ma be moclifi d on the ba i of xperien e or ·hange in circum tance su h modifi ation to be ba e l upon application to the 

N. I. R. B ard, on uch notice an l hearing a it hall pe ify and 

t o become ffective on ar.~proval by the Pre ident. 

ARTICLE XV 

X o provi:ion of thi · C le hall b o n true l or applied a to 

permit or promot mon pol or monopoli tic practice or to eliminate oppr · or eli · riminate again t small enterpri 
23 

ARTICLE XVI 

Thi ode a amended hall become effe tive on the tenth (lOth) 

da after the date of it appro' al by the N. I. R. Board and hall 

then uper ede the Code of Fair Competition £or the ement Indu - try approved by the President November 27 1933. 

ARTICLE XVII 

By pre ent-ing thi Code The Cement In titute and others a - enting hereto do not thereby con ent to any modification thereof 

and they re erve the right to object individually or jointly to any 

uch modification except a ma be made in Article X pur uant 

to ec ion 10 thereof. 2 

Appro\ed ode No. 128-Amenclment No. 1. 

R !!i try To. 1010--1-02. 

2 Deleted- ee paragraph 2 (2 of order appro..-ing thi Amendment. 
ExHIBIT A. 

Di tricts 

The twelYe (12.) geographical district as de cribed by the United States 

Bureau of Mines are as follow : 

District No. 

No. 

No. 

N. 

N. 

No. 

No. 

No. 

No. 

No. 

No. 

No. 

1-Eastern Penn yl\ania, New Jersey, Maryland. 

2----New York, Maine. 

3-We tern Pennsylvania, Ohio, We t Virginia. 

4-Michi an. 5-Wi consin, Illinois, Indiana, Kentucky. 

6-\ irginia, 'Ienne ee, Alabama, Georgia, Florida, Loui iana. 

7-Ea tern Mi ouri, I wa Minne ota, South Dakota. 

8--Western Mi ouri, eb ra ka, Kan a , Oklahoma, A.rkan as. 

9>----Texas. 10-Colorado, Montana, Utah, Wyoming, I daho. 

11-California. 

12-0regon, Wa hington. 

(24) 
EXHIBIT B 

pecific ale Order) 

To arne and Addres of C ment Company 

We have old to ----------------------- Contractor ----------------------- Barrel of (Brand) ---------------- Portland Cement for ----------------- (Fraction or all) 

of his requiremen t on the following specific work awarded him: 

(Character, description and location of work, and name of owner) 

We hereby place 'Yith you our order for the abo1e quantity of (Brand) 

------------------- Portland cement, to be packed in --------------------- acks, for use n the aboYe work, at your prevailing ma rket price at time of 

shipment, ubject to the condition · tated on both ide hereof. 

'1\, e will de ire deli1ery made, as the work require , upon our instructions 

in carload lot , F. 0. B. car ---------------------- deliYeries to be complete 

prior to ------------------------· It i expre ly under tood a nd agreed : 

1. That if you ad1ance your market price prior to the completion of shipment on this order, you will, within ten (10) days of the effective date of 

ncb advance, enter into your standard form of pecific work contract with 

u , at the price prior to uch ad•ance, for the quantity of cement that may at 

that date be required for the completion of the 'York covered by thi order. 

2. That a a ba i- for uch pecific work contract, we will upply you with 

our r ecord of cement delivered to the contractor prior to the time of your 

advance in price, together with a written estimate from the contractor, or a 

respon ible employee of the contractor, of the quantity of cement then required 

to complete the work. 

Accepted: 

(Officer) 

])ate: --------------------

i ·ned:----------------------------

])ate : ------------------------------

ement Company. 

Term of Payment. On appro1ed credit net ca ·h thirty (30) day , from 

date of in1oice, or ten cent ~ (100 per barrel di count for ca h in fifteen (15) 

day from date of in\oice. 

If at any time the financial r espon ibility of Buyer become imvnired or 

un ati facto ry to eller, it re ene the right to require rayment in adYance 

or ati factory ecurity or o-uarantee that invoices will be promptly paid wben 

due. 

If Buyer fail to comply with term of payment, r with any of the other 

term of al , Seller r en-e the right to cancel unfilled portion of thi order, 

without noti e. Buyer r maining liabl for all unpaid account. . ~o wai,er of 

su h 1igbt ball be implied from any failure by ell r to e:s:erci. e the same. Package.- loth ~ack bearing Seller' brand , in which c ment hej:ein con- tra t d for i packed, a re the property of Seller and a re for a period of ninety 

( 90) day from the deli1 ry by Seller of the aid cement, lea ed by it to Buyer 

at a charge of ten cent (10¢) each, which charge i in luded in price for cement 

packed in cloth ack and which charge Buyer agre s to pay at same time and 

on arne term a payment for cement i made. 

Buyer agree. within ninety (90) days of d li\ery of the cement to return to 

Seller, the owner, at it neare t plant, fr eight charge collect, as pro1ided by 

railroad cia ification and tariffs, properly bundled and o marked a to in ure 

complete id ntifica tion, the cloth sack bearing Seller' brand , in whi b the said 

cement i packed, and eller agree to refund to Bu;ver ten cent (10 ) for each 

said cloth sack o deli,ered itt good condition, ubject to eller's count and in-

(25) 
26 

spection, and to a ssume freight charges ther eon. If for any reason freight 

cha rges (per railroad tariffs) are prepaid, they will be r efunded by Seller upon 

presentation of Railroad Company's r eceipt d freight bill or bill of lading. 

For usele s cloth sacks which ha Ye been wet, no refund will· be made. Cloth 

sacks bearing other tha n Seller's braml · will be held by Seller for thirty (30) 

days subj ct to Buyer's order. 

In the event tllat any of the said empty cloth sacks bearing Seller' brands 

are sold or otherwi. e disposed of by Buyer to any person other than Seller, the 

owner, Buyer agrees to pay S ller, a s liquida ted damage , ten cents (10'¢ ) for 

each sack so sold or di.-posed of. If during the life of this ord er, Seller shall hange its pre ent charge for the 

lease of cloth a cks, or the liquida ted damages, or both, it i expressly agreed 

that th said amount or amoun ts in the prec ding paragraph. shall b"' changed 

a ccordingly, ancl the gro s price specified herein for cement packed in ·loth sacks 

shall be chan"' din accordance with the change in charo-e for lea se of cloth sacks. 

Price on cement pa ·ked in paper bags includes the paper bags, which are not 

returnable. Shipments in paper bags are made at Buyer's risk of breakage and 

resultant loss of cement. 

(If cement company requires a deposit for cloth sacks, instead of leasing them, 

then the following clauses are . uggestecl) : 

Paclcage.-Tbe cloth sacks, bearing Seller's brand, containing the cement are 

not sold, but remain the property of Seller. Buyer agrees to return aiel cloth 

sacks, properly bundled and marked o as to insure complete identification, to 

Seller's nearest mill, within ninety (90) clays from the elate of the delivery of 

the cement to Buyer. 

Seller agrees to refund to Buyer the deposit of ten cents (10¢) for each 

cloth sack so returned. Thi deposit has been included in the price herein 

stated and Buyer agrees to in ·lucie it when payment for the cement is made. 

It is, however, expressly understood that such cloth sacks must be delivered 

to Seller's mill in good condition and will be subject to mill count and inspection, and that no refund will be made for useless cloth sacks, nor for cloth 

sacks not of Seller's brand. Such cloth sacks, if received, will be held by 

Seller for thirty (30) days subject to Buyer's order and risk. 

Seller agrees to pay carrier's freight charge · on returned mpty cloth sacks 

of Seller's brand after delivery to its nearest mill or to refund Buyer for 

freight charges prepaid on such shipments upon presentation of original bill 

of lading properly executed or original receipted freight bill. 

If Seller shall change its pre ·ent c1eposit required for cloth sacks, it is expressly agreed that the said amounts in the preceding paragraphs shall be 

changed accordingly and the gross price specified herein for cement packed 

in cloth sacks shall be changed in accordance with the change of deposit 

required. 

Price on cement packed in paper bags includes the paper bags which are 

not returnable. Shipments in paper bags are made at Buyer's risk of breakage 

and resultant loss of cement. 

Bulk C(Jinent.- Bulk cement shall be invoiced and paid for on ba is of scale 

weights at point of origin or on railroad track scales, nearest point of origin, 

while enroute. Original weights shall be final basis of settlement unless buyer 

proves by notation on freight bill by railroad agent the fact ancl extent of such 

shortage occurring in auy particular car and only in that c~ se providing that 

claim for such shortage is made within fifteen (15) days after arrival of such 

car at destination. 

When grain doors, bulkheads or boards are used to protect shipments of 

bulk cement, the weight of uch dunnage shall be considered as part of the 

tare weight of the car. 

Claims.-Claims for loss or damage will not be considered unless supported 

by seal record and railroad agent's acknowledgment on frei ght bill. Fr ight 

over cha rge claims must be accompanied by orirrinal r ceiptecl freight bill. 

'Ti m e of delive-ry.-Buyer shall give Seller shipping instru tion in writing 

a r easonable time before shipments are to be made. If Buyer fail to orcl r 

shipment within the time sp cified "' ller ha ll l1ave the rio·ht to e- tend the 

time for deliv ry of such cement, but shall not be obliga led to do o, except 

at its option. 

The Seller r eserves the right to el 

ments hall be forwa rded, but no 

r oute or method of . transportation a 

the Members of the Indu try or the 

ct the r ute a nd method by which shipHer can b r quirecl to favor any one 

against anoth r by any joint a tion of 'ode Authority. Transportation charges 
27 

p r tariff applying from hipping p int to place of d li•ery for route and 

metho l of bipment u ·ed will be 1 aid by th Buyer for the account of tlle 

s ll r. Seller . ball not be liable to Buy r for any delay· in manufacturin<Y, hipping, 

or c1 li• rino- aid ·_m nt. cau d by fire, strik . , lo ·kout , difference: with 

'" rkm n, ac ·ideut. . war, in unection, inability to see:ur ·ar , coal, or otb r 

material. go,·ernmontal int rference r rerulation, delay in tran portati n or 

contin encie b yond ll r's c ntr 1 ; and during the time of ncb delay· 

ell er , ba ll ba•e tb right to pr rate am ng it.' ,·arion cu t mer uch cement 

a it may b able to manufacture and llir. 

ller hall baYe the l'igbt, but hall n t b l liga t d to hip from any plant 

othe r t han tl e one n ;·mally upplying til c1PliYery L oint pe ·ified herein. 

peci(ioations.-Tlle <.: rnent . h!pped under tbi order ··hall ·onform t the 

pr ent tandard p cification for P rtland cement of the Arneri ·an , oci ty 

fo r T tin()' 'Jiaterial an 1 the American . tandard A.- ociation and/or the 

Federal 11ecification Board, and no ot b r \Tarranty i rna l in r upect thereof. 

ell r ba'<·ing no control o•er the w of m nt will not, therefore, ruarant 

fini bed wor k in which it is u ed, n or :hall the eller b re:-;pon. ible for the 

condition of cement after cl livery to Buy r. Any char(Y · iJ cident to inspection 

or te t made by or on b half of Buyer to determine compl iance with peci.tka- tion ball be paid by Buyer . 

• 
E XHIBIT C 

(Specific Sales on tract) 

Agreement made this __________ day of ---------------- 193 ____ betwoen 

- ----------------------------- -- ------- Cement Compan y, hereinafter called 

Seller and ------------------------------ of - ------------------ ----- -----· hereinafter called Bu er : 

eller hereby sells and agrees to furnish a nd deliver and Buyer hereby bu;rs 

an d agr ee to r ·eiYe and pay fo r Portla nd men t in the quantity and on the 

terms ancl onc1i tions her einafter and on t h back hereof et forth. 

QUANTITY : (Brand) ------------------ Barrel 

DES RIPTION : 

arn e and Address of Owner 

Na me and Natur e of Work 

Location of Wo1 k Name a nd Address of Contractor 

The purpo e of this con tract is t o cover the purcha e a nd sale of _________ __ _ 

------------------------ the Portlan d Cement r equired to complete the work 

(Fraction or a ll ) 

her einbefore lescribed, whether mor e or less tha n the quantity sta ted herein. 

Buyer represents tha t the aforesaid number of barrels of ct:ment will be 

used in t he con truction of the a bove-describ c1 " ork and agrees that no portion 

of such cemen t will be used for any other purpose without the written con- sen t of Seller. If any of the cement shipped hereunder is reconsigned or 

diverted by Buyer fr om the place of deliYer y specified herein or used for any 

other purpo e, Seller may cancel this contract and r efu se to ship any more 

cement a nd Buyer agTees to pay Seller's market price a t the place of final destinati on fo r such cement as bas been diverted by Buyer from the r lace of delivf'ry 

specified herein or has b en used by Buyer for any other purpose than the 

purpose above SI ecified ; Bu yer r emaining liable for all unpaid accounts. 

Place of delivm·y .-F. 0. B. - -------- ---------- - - --- ------ -------------

T ime of deliver y .-Prior to -- ------ --------------------- ------------ -- as required by the progress of the work. Buyer shall give Seller shipping instructions in writing a rea onable time before shipments are to be made. If Buyer 

fa ils to order hipment within the time specified Seller shall have the ri <Yht 

t o extend the time for delivery of such cement, but shall not be obliga ted to 

do so, except at its option. 

Prioe.-

Per sta ndard ba rrel, in cloth sa ks ________________________ ___ $ _____ _ 

Per tan da rd barrel, in paper bags ____ ______________________ $------ Per standar d barrel, in bulk ____ ___________ ___________________ $------

All shipments made on thi contract will be a t the current destination price 

of Sell er on the elate of hipment, if this price is below the contract destination 

price mention d herejn. Terms ot payn-1-ent.-On appr oved cr edit net cash thirty (30) clays from 

date of in-voice, or ten cents ( 10¢) per barrel discount for cash in fifteen (15) 

day from date of fll yoice. If at any time the fi nancial r espon ibility of Buyer become impaired or unsatisfactory to Seller, it reserves the right to r equire payments in advance or 

sutisfactory ecurity or guarantee that invoices will be promptly paid when due. 

If Buyer fail. to comply with terms of payment, or with any of the other 

terms of sal , Seller re erves the right to cancel unfill d portion of thi co ~ 

tract, without notice, Buyer remaining liable fo r all unpaid ~count . No 

waiver of uc:b right shall be implied from any failure by Seller t o exerci e th 

same. 

This contract is not a . ignable by Buyer without the consent of ll r in 

'vriting. 

--------------------------------------------------------- Cement Company 

By ------------ --------------------- -------------------------- ------ (Buyer) (Seller) 

(2 ) 
29 

Packaue.-Cloth sacks ~earing S ller' brands, in which cement herein contracted for is pa ked, are the property of eller and are for a period of ninety 

(90) day from the deliY ry by Seller of the said c ment, lea eu by it to Buyer 

at a ·barge of ten cents (10¢) each, which charo-e i in ·lucled in pric for cement 

packed in ·loth sa ks and which harg Buyer agr . to pay at arne tim and 

on arne t rm a payment for c ment i made. 

Buyer agrees within ninet~ (90) day· of deliv ry of the c ment to return 

to Seller, the O\Yner, at its nearest pl:lnt, freight charges collect, as provided 

by railroad clas ifi atjons and tariff , r roperly bundled and o marked a to 

in ur complet identification, the cloth ack bearing Seller' brands, in which 

the aid ement i packed, and Seller agrees to refund to Buyer ten cent · (10¢) 

for ea b said cloth sack o deli\ered in good condition, subject to Seller's 

count and inspection, and to a sume fr i.gbt charges thereon. If for any reas n 

freight ·barge (per railroad tariffs) are prepaid. they will be refunded by 

eller upon pre entation of Railroad ompany's rec ipted freight bill or bill of 

lading. For u less cloth acks which have b en wet, no refund wi1l be made. 'loth 

sacks bearing other than Seller's brand will be h Ill by Seller for thirty (30) 

day · subject to Buyer's order. In the event that any of the aid empty cloth sacks b aring Seller's brancl 

are sold or otherwi e dispo e 1 of by Buyer to any per on other than Seller, the 

owner, Buyer agrees to pay Seller, a liquidated damages, ten cents (10~) 

for each sack o old or dispo. eel of. If during the life of this contract, Seller ball change its present charge for the 

lease of cloth sacks, or the liquidated damages, or both, it is expressly agreed 

that the aid amount or amounts in tb preceding paragrat b. shall be changed 

accordingly and the gro price specified herein for cement packed in cloth sacks 

ball be changed in accordance with the change in charge for lease of cloth sacks. 

Price on cement packed in paper bag in ludes the paper bags, which are not 

returnable. bipments in paper bags are made at Buyer's risk of breakage and 

re ultant los· of ·ement. 

(If cement company require a d po it for cloth sacks, in tead of leasing 

them. then the following clause· are sugg t d) : 

Package.-The cloth a ck ·, bearing eller' brand, containing the cement are 

not old, but remain the property of Seller. Buy r agrees to return aid cloth ·acks, properly bundled and marked o a. to insure complete identification, to 

Seller' neare. t mill, within ninety ( 00) days from the date of delivery of the 

cern nt to Buyer. 

Seller agre to refund to Buyer the 1er O!':it of ten cents ( 10 ) £or each cloth 

sack so returned. This deposit ha been included in the pri ce herein tated 

and Buyer agr e to include it when paym nt for the ·ement i made. 

It i , however, xpres ly under toed that such cloth . acks must be cleliYered 

to Seller·. mill in ;.rood condition and will be nbj e t t mill count and in pe 'tion, 

ancl that no refund will be made for u ele cloth a ·k ·, nor for cloth ·ack not 

of Seller's brand. Such cl th ack . if received, \\'ill be held by , eller for thirty 

(30) day ubj t to Buyer's order and risk. 

Seller agree to pay carrier' freight charges on returned empty cloth sack 

of Seller'.· brand after deli\et'}' to its neare t mill or to refnnl1 Buyer for freight 

charge prepaid on uch bipment upon presentation of original bill of lading 

properly executed or ori<rinal receipted freight bill. 

If eller hall cbano-e it pres nt depo ·it required for cloth ack , it i expre sly 

agreed that the aid amounts in the precedino- paragraphs ball be changed 

accordingly and the gro . price pecified herein for cement pa ·ked in cloth a ·k 

shall be changed in accordance with the change of depo it required. 

Price on cement packed in paper l:H.1g · includes the paper bag which are not 

Teturnable. Shipment in paper bag are made at Buyer's ri ·k of breakage and 

resultant los of cement. 

Bulk c&nent.-Bulk cement shall be invoiced and paid for on basi of scale 

weights at point of ori!dn or on railroad track scale , neare t point of origin, 

while enroute. Oriainal wei ht shall be final basis of ettlement unless buyer 

prove by notation on freight bill by railroad agent the fact and extent of ucb 

shortage occurring in any parti ular car and only in tba t ca e providing that 

claim for such shortage is made within fifteen (15) days after arrival of such 

car at de tination. When grain door , bulkh ad· or board are used to protect shipments of bulk 

cement, the weight of su ·h dunnage hall be con idered a part of the tare 

weight of the car. 
30 

Claims.-Claims for loss or damage will not be con idel'ed unle s supported 

by eal record and railroad agent's acknowledgment on freight bill. Freight 

overcharge claims must be accompanied by original receipted freight bill. 

The Seller re erve the right to elect the route and method by which bipment ball be forwarded, but no Seller can be r equired to favor any one route 

or method of tran portation as again t another by any joint action of the M mber of the Indu try or the Code Authorit:r. Transportation charges per tariff 

applying fr m hii ping point to place of delivery for route and m thod of bipment u ed, will be paid by the Bu;rer for the account of the eller. 

Seller hall not be liable to Buyer for any delay in manufacturing shipping, 

or delh·ering said cement cau eel by fire, trike , lockout , differ ences with workmen, accident , war, in urre tion, inability to secure ca r , coal, or other mat rial, 

governmental interf renee or r egulation, delay in tran portation, or contingen ·ie beyond Sell r' control; and luring the time of such delays Seller ball 

LaY the rio·ht to prorate among it·· variou cu tomer u ·h cement a it may be 

able to manufacture and hip. 

S ller ball haYe the right, but shall not be obligated, to ship from any plant 

other than the one normally supplyino- the delivery point pe ·ifi d herein. 

Spcci(icati.ons.-The cement shipped und r this contract hall conform to · the 

pre ent tandard specification for Portland cement of the American Society for 

Testing Materials and the American Standard A sociation and/or the Federal 

Specification Board, and no other v;·arranty i made in respect thereof. Seller 

ha YinO' no con trol over the u e of cem nt will not, th refore, guarantee fini. heel 

work in which it is used, nor hall the Seller be r p n ible for the condition 

of cement after delivery to Buyer. Any charges incident to in pection or t e ts 

made by or on behalf of Buyer to det rmine complian e with spe ification ball 

be paid by Buyer. 
ExHIBIT D 

Liquidated Damage Agreement 

In consideration for the act of others in making imilar aoTeements and for 

substantial benefits and other valuable consideration, the receipt of which is 

hereby acknowledged, each party to this contract covenants and agrees with 

every oth r party hereto, and the Trea urer of the Code Authority for the 

Portland Cement Industry as an individual, that: 

1. If found guilty of violation of any provision of the Code of Fair Competition 

for the Portland Cement Industry in the manner provided in Paragraph 2 hereof, 

he will pay to the Trea surer of the Code Authority, a · an indiYidual and not 

as Treasurer, in trust, as and for liquidated damages, amounts indicated as 

follows: 

(a) For the violation of any wage provision an amount equal to the difference 

between the wages which have been paid a nd the wage ·which would have been 

paid if the Member had complied with the applicable provi ion of the Code, 

provided, however, that any such payments shall not relieve the Member from 

his obligation to make equitable re titution to his employee or employees. 

(b) For the violation of any hour provision, an amount equal to the wages 

payable for the overtime a t the regular rate payable to the employee or employees 

who worked overtime. 

(c) For the violation of an y provision of the Code (other than wage or hour 

provisions) involving a transaction incidental to or connected with a sale of any 

product of the Industry, an amount equal to ______ per cent ( o/o ) of the actual 

selling price of the product sold in violation of any such proYi ·ion, or of the 

price at which the product should have been sold under th Code, if determinable, 

whichever is the higher. (d) For the violation of any provision of the Code (other t-han wage or hour 

provisions) not involving a transaction incidenta l to or connected with a sale 

of any product of the Industry. 

Note: The amount of liquidated damage must be correlated reasonably to 

the probable injury. 2. For the purpose of this contract, '7iolation of any proYision of the Code 

by a party hereto, and his or its liability for liquidated damages herein stipulated 

shall be d termined by an impartial f act-finding board, the members of which 

shall be nominated by the Code Authority or by the parties to this contract, with 

the approval of the N. I. R. Board, con isting of the following: _______________ _ 

Said board shall receive a nd hear all evidence submitted, in a fair manner, and 

shall render its decision in the fo rm of written findings of fact and conclusions 

based thereon. Said decision sha ll be final and not subj ect to review. 

3. Each party to this contract hereby assigns, transfers, and delivers to the 

Treasurer of the Code Authority, as an indi vidual, a nd not as Treasurer, in 

trust, all rights and causes of action whatsoever which shall her eafter accrue to 

such Member for such liquidated damages by rea on of any violation of the Code 

by a ny other party, and he-reby designates and appoints the Treasurer of the 

Code Authority, as an individua l, and not as Treasurer, the true and lawful 

attorney in fact of urh party to demand, sue for, collect and receipt for any and 

all amounts which hall be owing to such Member in re pect of any such righ t 

or cause of action and to compromise, settle, satisfy, and discharge any uch 

right or cause of a ction, all in the name of such Member or in the name of the 

Treasurer of the Code Authority, as an individual, a nd not as Treasurer as he 

hall elect. All rights of any person who shall at any time be the Treasurer in 

r espect to any amount which shall be payable to him because of the commission 

by any employer of any act constituting a violation of said Code, shall pass t o 

a nd become vested in his succes or in office, as an individual, and not as Treasurer, upon the appointment of uch succes or. 

4. All liquidated damages paid to or collected by the Treasurer of the Code 

Authority pursuant to the provisions of this contract shall be utilized by him 

(31) 
32 

in the payment of Code expenses to the extent indicated and authorized in the 

budget for the Code Authority. 

5. The Treasurer of the Code Authority, as an individual, and not as Treasurer, by accepting offi ce accepts the trusts established by this contract and 

agrees to perform the duties of trustee hereunder until his successor in office 

may be appointed. 

6. Any Member of the Industry may become a pa rty to said contract by 

written notification to said Treasurer of the Code Authority of the adoption of 

and assent to the terms hereof. 7. Except as provided in Pa ragraph 3 above, nothing contained herein shall 

be construed or applied to (a) deptive any rd ember of the Industry, employee or 

other per. on of any right or cause of action arising out of this Code, or (b) 

relieve any l\Iember of the Industry from any contractual or legal obligation 

arising out of such Code or of the Act or otherwise. 8. This contr act may be terminated by vote of two-thirds (%) of the parties 

hereto, such termination to take effect immediately upon notice in writing to 

said Treasurer of the Code Authority ; provided, however, such termination 

shall not relieve any member from payment of liquidated damages due a s a 

result of any violation committed prior to said termination; provided, further, 

that such termination shall not be deemed to constitute a defense in any proceeding in tituted pursuant to any provisions of the Act, any rules and regulations 

issued pursuant thereto, or any provisions of the Code. 

9. Anything in this contract to the contr a ry notwithstanding, upon the affirmative vote of not less than seventy-fi ve per cent (75%) of the parties hereto, said 

parties may waive any liability for liquida ted damages arising under this contract; provided, however, such ·waiver shall not constitute a defense in any proceeding instituted pursuant to any provisions of the Act, any rules and regulations 

issued pursuant thereto, or any provisions of the Code. 

10. No uit shall be brought for the collection of liquidated damages after 

one (1) yea r from the date of the decision rendered as provided in Paragraph 2 

above. 

0 
;•