Approved Code No. 406 Registry No. 1408-05 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

BOAT BUILDING AND BOAT 

REP AIRING INDUSTRY 

AS APPROVED ON APRIL 24, 1934 

I A t 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

I 

I I 

I ( 

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

V 
This publication ls for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign 

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala.: 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

Charleston, S.O. : Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio : Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore A venue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky. : 408 Federal Building. 

l\Iempbi. , Tenn. : 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

New Orl ans, La.: Room 225-A, Cu::;tomhouse. 

ew York, N.Y.: 734 Customhouse. orfolk, Va.: 406 East Plume Street. 

Philadelphia, P a. : 422 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

P ortland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. 

San Francisco, Calif. : 310 Cu tomhouse. 

Seattle, Wash. : 809 Federal Office Building. 
Approved Code No. 406 

CODE OF FAIR COMPETITION 

FOR THE 

BOATBUILDING AND BOATREPAIRING INDUSTRY 

As Approved on April 24, 1934 

ORDER 

APPROVING CoDE OF FAIR CoMrETITION FOR THE BoATBUILDING AND 

BoATREPAIRING INDUSTRY 

An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of a Code of 

Fair Competition for the Boatbuilding and Boatrepairing Industry, 

and hearings having been duly held thereon and the annexed report 

on said Code, containing findmgs with respect thereto, having been 

made and directed to the President: 

NOvV, THEREFORE, on behalf of the President of the United 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the President, including Executive Order No. 6543-A, dated December 30 

1933, and otherwise; do hereby incorporate by reference said annexed 

report and do find that said Code complies in all respects with the 

pertinent provisions and will promote the policy and purposes of said 

Title of said Act; and do hereby order that said Code of Fair Competition be and it is hereby approved; provided, however, that the 

provisions of Article VII, Section 1, insofar as they prescribe a waiting period between the filing with the Divisional Code Authority 

(i.e. actual receipt of the Divisional Code Authority) and the effective date of revised minimum billing rates be and they are hereby 

stayed pending my further Order either within a period of sixty 

days from the effecti, e date of this Code or after the completion of a 

tudy of open price associations now being conducted by the N at.ional 

Recovery Administration. 

HUGH S. JOHNSON' 

Adniinistrator for Industrial R ecovery. 

Approval recommended: 

K. M. SIMPSON, 

Division Administrator. 

vVAsm.r~oToN, D.C., 

Ap1-il 134, 19S4. 

54716 °--482-152-34 (467) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The Whit House. 

Srn: This is a r })Ort on the Code of Fair Competition for the 

Boatbuilding and Boatre.pairing Industry, which has been duly 

assented to by the proponents of the Code. A public hearing was 

conducted in ,v ashington on December 11, 1933, and was reconvened 

on March 30, 1934, at which tune every person who so requested was 

given an opportunity to be heard in accordance with the usual 

procedure. 

LABOR PROVISIONS 

The Code provides a maximum work week of thirty six (36) 

hours for twenty six (26) weeks of the year and forty four ( 44) 

hours for the remaining twenty six (26) weeks of the year, with 

overtime to be paid for any time in excess of these hours or in 

exce of eight (8) hours in any one (1) day. Exception is made 

for emergency repair work. Office and clerical employees may work 

not more than forty ( 40) hours in one ( 1) week. Watchmen may 

be employed for not more than fifty six (56) hours in one (1) week 

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

vVages above the minimum on July 1, 1933 are increased ten percent (10% ). 

No person under sixteen (16) years of a.ge will be employed in the 

Industry nor anyone under eighteen ( 18) years of age at occupations 

hazardous in nature or detrimental to health. Code Authorities 

will submit list of such occupations to the Administrator. 

The standard clause regarding handicapped persons and stand- ards of afety and health are incorporated in this Code. 

An Industrial Relations Board with equal representation of employers and employees is created to hear and conciliate labor 

dispute . TRADE PRACTICE PROVISIONS 

Thj Code prm·ides for the filing of minimum billing rates, and 

the ·elling of products or services below cost is prohibited. 

ADMINISTRATIYE PROVISIONS 

For the purpose of administration the Industry is divided into 

five ( 5) divisions with a Divisional Code Authority to administer 

the Code in each Division. A National Code Authority is created 

to administer the Code for the Industry as a whole and to coordinate the activities of the Divisional Code Authorities. 

OTHER PROVI IONS 

Provision is made for furnishing the Administrator with such 

statistical data as he may require. 

(468) 
469 

~Methods for am nding and modifying this Code are provided. 

Monopolies are prohibited. 

:Members of the Industry shall comply with State Laws imposing 

more tringcnt requirement.s as to labor than are imposed by this 

"ode. 

The Yarious Divisional Code Authorities are, with the consent of 

both parties, constituted agencies to assist in the adjustment of contracts entered into prior to the effective date of this Code Vi'here the 

co t of executing such contracts is increa cd by this Code. 

Copies of this Code shall be posted in conspicuous plac . by each 

employer. 

ECON OlVIIC EFFECT OF CODE 

There arc about three thousand (3,000) concerns engaged in this 

Industry varying from small proprietors, building a :few small boats, 

to organized corporations, building and repairing all kinds of wooden 

and metal floating equipment within the definition contained in the 

Code. The values of production in 1929 for five hundred and 

seventy ( 570) concern , estimated at seventy five percent (75% ) of 

total production, was Seventy Seven Million Two Hundred Ninety 

Eight Thousand Dollars ($77,298,000), and Forty Seven Million 

Sixty Nine Thousand Dollars ($47,069,000) in 1931, a decrease of 

thirty nine and one tenths percent (39.1% ). In 1931 sixteen thousand three hundred (16,300) persons are estimated to have been employed, a decrease of six thousand eight hundred and eighteen 

(6,818) persons or twenty nine and five tenths percent (29.5%) 

from 1929. Employment in 1933 is estimated at ten thousand 

(10,000) wage earners. Estimated payrolls in 1929 were Thirty 

Seven Million Six Hundred and Twelve Thousand Dollars ($37,612,-

000) and in 1931 decreased to Twenty Four Million Twenty Thousand 

Dollars ($24,020,000), a decrease of Thirteen Million Five Hundred 

Ninety Two Thousand Dollars ($13,592,000) or thirty six percent 

(36%). 

The Code will effect a minimum reduction of nine percent (9%) 

in hours from :forty eight ( 48) to forty four ( 44), and a maximum 

reduction of forty percent ( 40%) from sixty ( 60) to thirty six (36) 

hours per week. Establishing the forty four ( 44) and thirty six 

(36) hour week will increase employment about five (5%) percent. 

In some cases minimum wages will be increased :from eighteen (18) 

to fifty five cents (55¢) per hour. All hourly wages above the 

minimnm on July 1, 1933 will be increased ten percent (10%). 

FI DINGS 

The Deputy Administrator in his final re.port to me on said Code 

having found as herein set forth and on the basis of all the proceedin o·. in this matter : 

I find that: 

(a) ail Code i well designed to promote the policies and purpo es of Title I of the National Industrial Recovery Act, including 

removal of obstructions to the free flow of Interstate and Forei~ 

Commerce which tend to diminish the amount thereof and will 

provide for the general welfare by promoting the organization of 

industry for the purpose of cooperative. action among the trade 
470 

groups, by including and maintaining united action of labor and 

management under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the 

fullest possible utilization of the present productive capacity of 

industries, by avoiding undue restriction of production ( except as 

may be temporarily required), by increasing the consumption of 

industrial and agricultural product through increasing purchasing 

power, by reducing and relieving unemployment, by improving 

standards of labor, and by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than fifty thousand 

(50,000) employees; and is not classified by me as a major industry. 

(c) The Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation 

Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsection (b) of Section 10 thereof, and that the applicant group is 

an industrial o-roup truly representative of the aforesaid Industry; 

and that said group imposes no inequitable restrictions on admission 

to membership therein. 

( cl) The Code is not designed to and will not pennit monopolies 

or monopolistic practices. 

( e) The Code is not designed to and will not eliminate or oppress 

small enterprises and will not operate to discriminate against them. 

(f) Those engaged in other steps of the economic process have 

not been deprived of the right to be heard prior to approval of said 

Code. 

For these reasons, therefore, I have approved this Code. 

Respectfully, 

HuoH S. JOHNSON, Administrator. 

APRIL 24, 1934. 
• 

ODE OF FAIR COMPETITION FOR THE BOATBUILDING 

AND BOATREPAIRING INDUSTRY 

ARTI LE I-PURPOSE 

To effect the policies of Title I of the National Industrial Recovery 

Act, this Code is established as a Code of Fair Competition for the 

Boatbuilding and Boatrepairing Industry, and its provisions shall 

be the standards of fair competition for ·uch Industry and shall be 

binding upon every member thereof . 

.... t\RTICLE II-DEFINITIONS 

SECTION 1. The term "Boatbuilding and Boatrepairing Industry" 

means the fabricating, constructing, repairing, reconstructing, remodelling, hauling or storing of the following types of vessels: 

(a) All wooden boats and vessels, and wooden floating marine 

equipment. 

(b) Pleasure boats and yachts, both wooden and/ or metal, up to 

and including one hundred and fifty ( 150) feet in length overall . . SEc. 2. The terms "Act", "Administrator ", and "President" as 

used herein means respectively Title I of the National Industrial' 

Recovery Act, the Administrator for Industrial Recovery, and the 

President of the United States. 

SEc. 3. The term " employee " means any and all persons engaged 

in any phase of the Industry in any capacity in the nature of employee irrespective of the method of payment of his compensation. 

SEc. 4. The term "employer" means anyone by whom such an 

employee is compensated or employed. 

SEo. 5. The term "Member of the Industry" means all those engaged in the Industry either as an employer, or on his or its own 

behalf, including contractors and sub-contractors. 

SEc. 6. The term "emergency" means that situation whereby a 

danger, or menace to the safety of a vessel, life, or property exists; 

or, where a delay would work an undue hardship on an owner 

through the loss of the use of his boat. 

ARTICLE III-P ARTICIP A.TION 

ECTION 1. If a Member of the Industry/ is engaged also in any 

other industry, provisions of this Code shall apply to and affect 

only that part of his business which is included in the Boatbuilding 

and Boatrepairing Industry as defined herein, provided, however, 

that when any person, partnership, corporation, association, trust, 

trustee or receiver, normally operating under the Code for the hipbuilding and Shiprepairing Industry engages in this Industry a defined herein, he or it shall not be required to bear a part of the 

(471) 
472 

expense of admini t-ering this Code and when required to submit 

· tatistics or information to a Code Authority of the Boatbuilding and 

Boatrepairing Industry hall do so through the Code Authority for 

the Shipbuilding and Shiprepairing Industry. 

SEc. 2. Each Member of the Industry hall be entitled to participate in and share the benefits of the activities of the National Code 

Authority and appropriate Divisional Code Authority and to participate in the selection of the members thereof, by assenting to and 

cmnplying with the requirements of this Code, and by notifying the 

Administrator that he desires to participate in this Code as provided 

for in Appendix I hereto attached. 

ARTICLE IV-LABOR PROVISION s 

ECTION 1. In compliance with Section 7 (a) of the Act it i provided that: 

(a) Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and sh all 

be free from the interference, r estraint, or coercion of employers of 

labor, or their agents, in the designation of such repres 0 ntativ s or 

in self-organization or in other concerted activities for the purpose 

of collective bargaining or other mutual aid or protection. 

(b) No employee and no one seeking employment shall be required 

as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of 

his own choosing; and 

( c) Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment, approved 

or _prescribed by the President. 

SEc. 2. No person under 16 years of age shall be employed in the 

Industry nor anyone under 18 years of age at operations or occupations hazardous in nature or detrimental to health. The Divisional Code Authorities shall submit to the Administrator within 60 

days after the effective date, a list of such occupations. 

SEc. 3. No employer shall reclassify employees or duties of occupations performed or engage in any other subterfuge for the purpose 

of defeating the purposes or provisions of t he Act or of this Code. 

SEc. 4. Every employer shall provide for the safety and health 

of employees during the hours and at the places of their employment. 

Standards for safety and health shall be submitted by each Divisional Code Authority to the Administrator within six m nths after 

the effective date of this Code. 

ARTICLE V-HOURS OF w ORK 

SECTION 1. (a) No employee, except as otherwise provided herein, 

shall be permitted to work more than thirty-six (36 ) hours per week 

during twenty-six (26) weeks of the year, or more than forty-four 

( 44) hours per week during the remaining twenty-six (26) weeks of 

the year. Any time worked in excess of eight ( 8) hours in any 

twenty-four (24) hour period shall be paid at the rate of at least 

time and one-half. 

(b) Ewceptions.-The maximum hours fixed in the foregoing 

section shall not apply: 
473 

(1) To employ e on merg n yr 1 air jobs r on m rg ncy maint nan work, but in any u h s1 ial a · at 1 a t tim and one-half 

hall be pail f r hour work c1 in excC' s of the maximum hours h rein pro-,ided. All a e wher thi. e.

7

ception is applied shall be 

r port d to th Divisional ode Authority in u h form a · it 

pre. rib . 

(2) T? p r n ngao-ed in manao-erial or executive capaciti 'S 

earnmo- 1n ex e f $' 5.00 per w ek, but shall apply to all such p ron., inclu ling mcmb r.:> of the Industry, actively engaged in similar 

work to that performed by employees on an hourly rate. 

( 3) To watchmen who shall not be permitted to work more than 

fift - ix (56) hour in any one week, nor more than ix (6) days in 

seven (7). 

SE . 2. No per on employed in clerical or office work shall be permitted to work in exc ss of forty ( 40) hours in any one week. The 

normal work day shall be eight (8) hours. 

EC. 3. No employee shall be permitted to work for a total number 

of hours in exce~s of the number of hours prescribed for each week 

and day, whether em1 loyed by one or more employers. 

ARTICLE VI-WAGES 

SECTION 1. (a) Minimum Wage. No employee, except as otherwise 

provided herein, shall be paid less than forty-five ( 45) cents per hour 

except in the South, where no employee shall be paid less than thirtyfive (35) cents per hour. For this purpo e the South hall include 

that territory South of and bounded by the following lines: The 

Western boundary of Delaware, the Northern boundaries of Maryland, Arkan as, and Oklahoma, a line five ( 5) miles South of the 

Northern boundaries of vVest Virginia , and Kentucky, and the Western boundary of Texas. (b) This definition of the South shall apply until . uch time a. a 

hearing may be called by the Aclmini trator to review this que:tion 

for the Boatbuilding and Boa,trepairing Industry and the Shipbuilding and Shiprepairing Industry, and a new definition enunciated. 

( c) Ewception.-If undue hardship is imposed on any emplo3 er 

(particu larly . mall repair yards doing local bu ine only ) he may 

apply to the Admini trator for exemption from the forty-five ( 45) 

cent 1nininrnm wage provision and upon presentation of adequate 

proof the Administrator, if he finds that undue hardship exist may 

allow a minimum wao·e of thirty-five (35) cents pe,r hour. 

( d) "ithin ninet (90) day after the effective date of this Code 

a . tud hall be made bv the Divisional Code Authoritie of the 

rntra'I n.nd Great Lakes <Division and the North Atlantic Division 

of th minjrnnm wage paid in such division prior to the effective 

date of thi 1ode and re ommendation hall be made by the Divisiona.l ode uthoritie for such modification of the Code a are 

shown by the re ults of this tudy to be nee ary or desirable. 

SE . 2. Wages Above the Minimum. The hourly wage o:£ every 

employee or class of employ es earning mor than the minimum 

herein e tablished on July 1, 1933 hall not be less than 10% more 

than was being paid on that date. 

SE . 3. 1finimum Wages for Cleri al an 1 Offic Employees and 

Watchmen. 
474 

(a) No clerical or office employee or watchman shall be paid at 

a rate of less than $14.00 per week. 

(b) Office boys and office girl may be paid not less than eighty 

( 80) per cent of the minimum wa.ge for clerical and office employees, 

but the number of such office boys and office girls shall not exceed 5% 

of the total number of clerical and o:ffic.e employees, provided, that 

each employer may employ at least two persons in this class. 

SEc. 4. A person whose earning capacity is limited because of 

age, physical or mental handicap or other infirmity, may be employed on light work at a wage below the minimum established 

by this Code if the employer obtains from the State Authority 

de ignated by the United States Department of Labor a certificate 

authorizing his employment at such wages and for such hours as 

shall be stated in the certificate. E ach employer shall file monthly 

with the Divisional Code Authority a list of all ~uch persons em- ployed by him, showing the wages paid to, and the' maximum. hours 

of work for such employee. 

SEc. 5. This Article establishes a minimum rate of pay which 

&hall apply, irrespective of whether an employee is actually compensated on a time r ate, piecework, or other basis. 

SEc. 6. Properly indentured apprentices may be e1nployed at wages 

below the minimum subject to the following provisions: 

(a) The number of apprentices shall not exceed 8% of the average number of hourly employees, provided that at least one person 

may be employed in this class. ( b) The term of apprenticeship shall not be more than three 

years. 

( c) The rate of pay shall not be less than 75% of the minimum 

wage established by this code. 

( d) Information as to the rates of pay and the number of apprentices shall be filed with the Divisional Code Authority. 

ARTICLE VII-TRADE PRACTICES AND U NF Am METHODS OF 

COMPETITION 

SECTION 1. (a) Each member of the Industry engaged in repairing, hauling, or storing of boats shall promptly file after the effective date of this Code, with the Secretary of the Divisional Code 

Authority, or such Sub-Committee or agency as the Divisional 

Code Authority may designate, a schedule(s) covering time and 

material work showing: 

( 1) Minimum labor billing rates. 

(2) Minimum billing rates for the use of machine and power 

tools when not included in (1), above. 

(3) Minimum rates or charges for the use of marine railways, 

elevator , hoists, and drydocks. 

(4) Minimum rates or charges for furnishing and supplying 

materials. 

(b) E ach J\1ember shall certify that such rates, charges, and prices 

are not below the reasonable cost of such products or services, including the cost of direct labor, plus the cost of materials, plus an 

adequate amount for overhead. 

( c) Each such schedule shall state the date upon which it shall 

become effective, which date shall be not less than fifteen (15) days 
47~ 

aft r th dat of filing u h ch dul , ith th r r tary; provid d, 

howev r that the first hedule fil d by any M mb r of th Industry, 

a abov provided, hall tak effect on th date of filing th re f and 

no rat , pri , or charge shown in any uch s hedul filed by any 

~Iemb r of the In lu try hall be chang cl xcept by filing a new 

hedule as herein provided. 

( d) These rat , charge , and pric s shall be held ubj ct to public 

in pee ion by the Divisional Code Authority an l any Di trict or 

local Committee establi heel in accordance with Article VIII hereof. 1 

SE . 2. The following practices are hereby declared to be unfair 

competitive practices and constitute a violati n of this Code. 

(a) To sell any product (s) or service ( s) below th rea onable co t 

of such product(s) or service(s). 

(1) For this purpose cost is defined as the cost of lirect labor, 

plus the cost of materials, plus an adequate amount for overhead, 

including an amount for depreciation, and for the u. e of any plant 

facilities employed but not including an amount for return on 

capital invested. Said cost to be determined by any fair m thod 

of accounting and/ or estimating submitted by each Memb r of the 

Industry to the appropriate Divisional Code Authority for its 

approval subject to the review and disapproval of the Administrator. 

(b) To give or accept secret rebates, refunds, allowances, unearned discounts, or special services directly or indirectly in connection with any work performed or to receipt bill for in urance 

work until payment is made. 

( c) To permit any work ( except work done above deck or within 

the boat by the owner or regular boat's crew) to be done by any 

person other than the owner personally, or those employed by or 

under sub-contract with the boatyard, on any boat of any kind 

while at said boatyard. 

( d) To allow terms more favorable than two (2) percent discount for cash payment within ten ( 10) day. after work i. clone. 

ARTICLE VIII-Arn.,nNISTR.\ TI . ..:r 

SECTION 1. Subject to the .power of the National Code Authority 

to change the geographical limits of the Divisions of the Industry 

and to create new Divisions or combine existing Divi ions as the circumstances surrounding the administration of this Code may warrant, the Indu try hall be divided into five (5) livisions; namely 

the North Atlantic Division, the South Atlantic Division the Gulf 

Coast Division the Central and Great Lake Division and the 

Pacific Divi ion constituted a follow : 

(a) North Atlantic Division-J\1ain New Hampshire onne tiut, Ma , achusetts, Vermont, Rhode Island, New York except the 

hores of Lake Erie and Lake Ontario and the lake and rivers adjacent thereto New Jer Delaware and Penn ylvania eat of 

Harrisburg. 

(b) outh tlantic Division-:Maryland , Di~ tri t of Columbia, 

Virginia North Carolina outh arolina, Georgia, Florida on the 

east coast to K y ,vest. 

1 See paragraph 2 of order approving thl 'ode. 
476 

( c) Gulf Coast Division-Florida, except that part included in 

the South Atlantic Di vision, Alabama, Mississippi, Louisiana, Texas, 

Oklahoma, Arkansas, a.nd Tennessee. 

( d) Central and Great Lakes Division-North Dakota, South 

Dakota, Nebraska, Kansas, Missouri, Iowa, Minnesota, Wisconsin, 

Illinois, I{entucky, Indiana, l\ilichigan, Ohio, West Virginia, and 

those parts of Pennsy 1 vania and New York not included in the North 

Atlantic Division. 

( e) Pacific Division-New Mexico, Arizona, Colorado, Utah, 

Wyoming, Montana, Idaho, Nevada, California, Oregon, Washington and Alaska. 

SEO. 2. Subject to the rights vested in the Administrator under 

Section 10 of this Article, this Code shall be administered by Divisional Code Authorities and a National Code Authority as hereinafter set :forth. 

SEC. 3. There shall be organized in each Division a Divisional 

Code Authority consisting of five (5) members, two (2) to be elected 

by majority vote on the basis of one vote for each Member of the 

Industry within the Division, and three (3) ~o be elected by voting 

on the basis of number of employees; provided, however, that no 

Member of the Industry within the Division shall have more than 

one representative on said Code Authority. In addition the Administrator may appoint one member to sit without vote on said 

Authority. Each Divisional Code Authority shall administer this 

Code in its division and shall have the duties and exercise the powers 

which are conferred upon it by this Code or any revisions hereof, 

or which are delegated to it by the National Code Authority; shall 

elect a chairman to preside at all meetings and a secretary to keep 

a minute record of all meetings; and shall have the authority to 

adopt appropriate by-laws, rules and regulations :for the exercise 

of its :functions, and to employ or designate such agents and delegate 

to them such duties and powers as may in the judgment of the Divisional Authority be necessary or desirable to effectuate the purposes 

of the Act, provided that nothing herein shall relieve any Divisional 

Code Authority of its duties or responsibilities under this Code. It 

being :found necessary to support the Administration of this Code, 

in order to effectuate the policy of the Act and to maintain the 

standards of :fair competition established hereunder, each Divisional 

Code Authority is authorized to incur such reasonable obligations as 

are necessary and proper £or the foregoing purposes and to meet such 

obligations out of :funds which shall he held in trust for the purposes 

of the Code and raised as hereinafter provided; and to submit to the 

Administrator for his approval, subject to such notice and opportunity to be heard as he may deem necessary: (1) An itemized budget 

of expenses incurred in the formulation of the Code and its estimated expenses :for the foregoing purposes, and (2) an -equitable 

basis up_on which the funds necessary to support such budget shall 

be c01:itnbuted by all members of the Indu try entitled to the benefits 

accrmng from the maintenance of such standards, and the administration thereof. After such budget and basis of contribution have 

been approved by the Administrator each Divisional Code Authority 

shall determine and collect equitable contributions as above set forth, 
477 

and to that encl i:f nece 'ary, institut legal pr · cding therefor in 

it own nam . SEc. 4. Th r ha.11 b organiz 1 a Natiorn 1 od Authori y con- i ~ting of on (1) m mber cl signatel by ea. h Divisional Code Authority of th outh Atlanti DiYision, Gulf Coast Divi ion, Pacific 

Division an l North Atlanti Divi.-ion, t vo (2) members de ignated 

by the DiYi ional ode Au hority of the entral and Great Lakes 

Division and two (2) member · elect cl at large from the North 

A !antic Divi ion by member f the Inuu try within that division, 

the method of who election is to be det rmined by the fomporary 

National ode Authority ubje t to the di approval of the A lmini .. trator. 

EC. 5. In a dition to the above, the Admini trator, in his discretion, may appoint not more than three (3) members to the National Code Authority without vote to serve without expense to the 

Industry, and to crve al o on the tem.porary National Code 

Authority. 

Ee. 6. he National Code Authority hall have the following 

power and dutie in a klition to any other power el ·ewher in this 

Code pro i<led : 

(a) To hear all appeal from deci ion · of Divisional Cocl Authorities. 

(b) To hear and settle all controversies that may arise between the 

various Divisional Code Authorities or membBrs thereof, upon appeal to it b3 uch Divisional Code Authority or member. 

(c) To adopt appropriate by-laws and rules and regulation for 

the exerci e of its functions and to employ and designate such agents 

as it may require and to delegate to them or to the DiYisional Code 

Authorities such duties and powers as may in its judgment be necesary or desirable to e-ffectua te the purposes of the Act, provided that 

nothing herein hall relieve the National Code Authority of its 

clutie or responsibilities under this Code except uch duti s as are 

herein dele<Yated to the Divisional Code Authoritie . ( d) To submit to the Administrator from time to time uC."h proposed amendments to the code as, in its judgm nt, will further 

effectuate the purpo es of the Act. 

( e) To obtain from member · of the In lu. try , ithin each li vision 

such information and reports as will be required for the administration of the Code. No confidential information thu acquir d hall 

be disclo d to any other :Member of the Industry or any other party 

except to uch GoYernmental Agencies as may be de ignate l b3 the 

Admini trator. 

SEc. 7. In addition to the information required to be submitt~d to 

the National Code Authority, the members of th In lu try shall 

furnish to Federal and State a 0 ·cncies uch stati tical information• 

as the Admini trator may deem necessary for the pUI']_)O es r ited in 

Section 3 (a) of the Act, provided, that nothing in this Code shall 

relieve an Iember of the Industry of an existing obligation to 

furni h r ports to any Government Agency. 

EC. 8. Th exp n e of the ational ode Authority and the 

temporary .r ational ode Authority shall be born by the Divi ional 

ode Authoriti on an equitable ba is in accordanc with regulations 

pr crib cl b the 7 ational od Authority. 
478 

SEc. 9. Each Trade Association directly or indirectly participatjng in the selection or activities of the Divisional Code Authorities 

or the National Code Authority hall impose no inequitable restrict ions on membership therein; and shall submit to the Administrator 

true copies of its a.rtic1es of association, by-laws, regulations, and 

any amendments when made thereto, together with such other information as to membership, organization, and a,ctivities as tl1e Administrator may deem necessary to effectuate the purposes of the Act. 

SEc. 10. If the Adm.inistrator shall determine that any action of 

a Code Authority or any agency thereof may be unfair or unjust 

or contrary to the public interest, the Administrator may require 

that such action be suspended to afford an opportunity for investigation of the merits of such action and further consideration by 

Ruch Code Authority or agency pencbng final action which shall not 

be effective unless the Administrator approves or unless he sh.all fail 

to disapprove after thirty days' notice to him of intention to proceed 

with such action in its original or modified form. 

SEc. 11. In order that the Code Authorities shall at all times be 

truly representative of the members of the Industry and in other 

respects comply with the provisions of the Act, the Administrator 

may prec:::cribe su ch hearings as he may deem proper; and there,.. 

after, if he shall find tha.t any Code Authority is not truly representative of the :Members of the Industry or does not in other 

respects comply with the provisions of the Act, may r equire an 

· appropriate modification in the method of selection of such Code 

Authority. 

SEc. 12. Nothing contained in this Code shall constitute the members of the Code Authorities partners :for any purpose. Nor shall 

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

for any act of any other member, o-fficer, agent or employee. of the 

Code Authority. Nor shall any 1nember of a Code Authority, exercising reasonable diligence in the conduct of his duties hereunder, be 

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

except for his own wilful malfeasance or non-fe.asance. 

SEc. 13. A temporary National Code Authority of eight (8) members, in addition to the members appointed under Section 5 hereof, 

shall be appointed by the Administrator to serve :from the effective 

date until the election of the permanent National Code Authority, 

which temporary National Code Authority shall have the powers 

and duties of the National Code Authority and shall supervise the 

election of the Divisional (;ode Authorities and the National Code 

Authority. 

ARTICLE IX-MODIFICATION AND CANCELLATION 

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

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

provisions of subsection (b) of Section 10 of the Act, from time to 

time to cancel or modify any order, approval, licensei rule, or regulation issued under Title I of said Act and specifica ly, but without 

li1nitation, to the right of the President to cancel or modify his 

approval of this Code or any conditions imposed by him upon his 

approval thereof. 
479 

SE . 2. Su h f th pr v1 ·1 n of thi. , tl a. c re not rcquir cl to 

be in lu l l h r in by th Act, may, with th apprqval of th lministrator, aft r u h notic: and hearing a he hall pc ·ify, bl mo Ii.fie l 

or eliminated a cha.no-es in the irc:um. tan es r xpcri n may 

indicate. 

EO. 3. An amen lm nt may b pror :ed by any int re. ·k l party 

ith r to the National C le Authority or dir ctly to th \.clministrator. All proposed amendments hall with the approval of th Admini trator be referred to the National Code Auth rity who . hall 

give M mb r of the Indu try an opp rtunity to be heard thereon, 

through the Divi ional Code Authoritie and thereafter, within such 

time as the Administrator may ·pecify, the National Code Authority 

shall make such recommendations thereon a it may cl em proper; 

provided, however, that when approve l by the Admini. trator as 

necessary or adYisable to effectuate the policie of the A t, after such 

notice and hearing as he may prescribe, any proposed nm"ndm nt 

shall thereupon become effectiYe a. part of thi Code. 

ARTICLE X-~IONOPOLIES 

No provi ion of this Code shall be so applied. a· to permit monopolies or monopolistic practices or to eliminate, oppr ss or discriminate 

against mall enterprises. 

ARTICLE XI-INDUSTRIAL RELATIONS BOARD 

An Industrial Relations Board shall be set up consisting of two 

(2) members elected by the National Code Authority and two (2) 

members appointed by the Administrator from nominations of the 

Labor Advisory Board, of the National Recovery Admini. tration. 

This Industrial Relations Board shall meet at such time and places 

as it may determine, to hear an l conciliate labor disputes which 

may arise within the Industry. If agreed to by the partie of a 

controversy the Board may act as a board of arbitration with power 

to elect an umpire to sit before the arbitration and in such ca e its 

decision shall be final and binding on the parties to the arbitration. 

ARTI LE XII-STATE L AWS 

"\Vithin each State, this Code shall not, uper ecle any law~ of uch 

State impo ing more stringent requirements regulating the age of 

employees, wages, hour of work, or health, fire, or general working 

ondition , than ar impo. ed by this Code. 

ARTICLE XIII 

Employer shall place in conspicuous place·, easily acces ·ible to 

all employee , full opies of thi Cod and/or comply with any other 

po ting regulati n from time to time i ued by the Administrator. 

ARTICLE XIV 

Thi Code shall be om :ffectiY on th t nth clay after it approval 

b the Pr iclent ancl shall conti11n in effect until June 16, 1935. 

Approved ocl ~o. 406. 

R gistry No. 140 - 05. 
UNIVERSITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIIIII II IIIIII II 1111111111111111111 

3 1262 08584 3513 

APPEr rDIX I 

(City) ______ ____ __ ______ ___________ _ 

(Date)-------------- -- --------- - - - -

We (I) hereby nssent to tl.le Boatbuilding and Boatrepairing Industry Code 

as approved by the President on tile __ ____ day of ____ __ 1034, and agree 

to perform all of its terms and conditions on our (my) p,!lrt to be performed, and to pay such asse ·sments as shall be made against us (me) as part of the 

cost of administration in accorclan<:e with the provisions of the Code. 

(480) 

0