Registry No. 702-45 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

BITUMINOUS COAL INDUSTRY 

AS APPROVED BY PRESIDENT ROOSEVELT 

IN EXECUTIVE ORDERS OF SEPTEMBER 18, 1933, AND 

SEPTEMBER 29, 1933, INCORPORATING SO FAR AS 

POSSIBLE THE CONDITIONS OF THE EXECUTIVE 

ORDERS IN THE TEXT OF THE CODE 

v .... -s · 

1. Executive Order-September 18, 1933 

2. Executive Order-September 29, 1933 

3. Executive Order-September 29, 1933 

4. Letter of Transmittal 

5. Report of Deputy Administrator Simpson 

6. Text of Code 

7. Schedule A 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1933 

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(II) 
EXECUTIVE ORDER 

CODE OF FAIR COMPETITION FOR THE BITUMINOUS COAL 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 my approval of a Code 

of Fair Competition for the Bituminous Coal Industry, and hearings 

having been held thereon and the Administrator having rendered his 

report containing an analysis of the said Code of Fair Competition 

together ·with his recommendations and findings ·with respect thereto, 

and the Administrator having found that the said Code of Fair 

Competition complies in all respects with the pertinent provisions of 

Title I of said Act and that the requirements of clauses (1) and (2) of 

subsection (a) of Section 3 of the said Act have been met: 

NOW, THEREFORE, I Franklin D. Roosevelt, President of the 

United States, pursuant to the authority vested in me by Title I of 

the National Industrial Recovery Act, approved June 16, 1933, and 

otherwise, do adopt and approve the report, recommendations and 

findings of the Administrator and do order that the said Code of Fair 

Competition be and is hereby approved, subject to the following 

conditions: 

(1) There shall be added to the first paragraph of Section 3 of 

Article VII of the Code -the following sentence: 

All coal producers subject to the Code shall furnish to any 

government agency or agencies designated by the Administrator such statistical information as the Administrator may, 

from time to time, deem necessary for the purposes recited in 

Section 3 (a) of the National Industrial Recovery Act and 

any reports and other information collected and compiled by 

a Code Authority, as heretofore provided, shall be transmitted 

to such government agencies, as the Administrator may direct. 

(2) There shall be added after the first sentence of Section 4 of 

Article VII the following sentence: 

The President may appoint not more than three members of 

the Industrial Board in addition to, or in substitution for one 

or more of, the aforesaid six members of the Divisional Code 

Authorities. 

(3) Schedule A as attached to the Code recommended by the 

Administrator is approved ·with the understanding that any basio 

minimum rates not fixed therein may be approved or prescribed by 

the President at any time prior to the effective date of this Code by a. 

supplementary Executive Order. 

(4) Because it is evident that attempts by those submitting Codes 

to interpret Section 7 (a) of the National Industrial Recovery Act 

have led to confusion and misunderstanding, such interpretations 

should not be incorporated in Codes of Fair Competition. Therefore, 

paragraph (b) of Article V must be eliminated without, by this 

(III) 
IV 

exclusion, indicating disapproval in any way of the joint statement of 

the Administrator and General Counsel of the National Recovery 

Adn1inistration, which has been attached to the Code as Schedule B 

and was incorporated by reference in said paragraph (b) of Article V. 

(5) The exception to the definition of "employee" in Article II 

belongs in Article III. Accordingly, the words "except members of 

the executive, supervisory, technical and confidential personnel" 

are stricken from the third paragraph of Article II. These same 

words are inserted in the first paragraph of Article III after the 

words "no employee." 

FRANKLIN D. ROOSEVELT. 

THE WHITE HousE, 

September 18, 1933. 

Approval recommended: 

HUGH S. JOHNSON, 

Administrator. 
EXECUTIVE ORDER 

REVISED CODE OF FAIR COMPETITION FOR THE BITUMINOUS COAL 

INDUSTRY 

A Code of Fn.ir Competition for the Bituminous Coal Industry was 

approved by an Executive Order dated Septen1ber 18, 1933, subject 

to certain conditions, including a condition that basic minimum rates 

not fixed in Schedule A, as attached to the Code, might be approved 

or prescribed by the President at any time prior to the effective date 

of the Code, which provision was also incorporated in the Code in 

said Schedule A. Follo,;,ving s:1id Executive Order of September 18th 

further consideration has been given to said basic minimurn_ rates and 

said Schedule A has been revi3ed so as to include additional rates, 

either agreed upon and submitted for approval, or recommended as 

those which should be prescribed by the President. 

The associations and groups of coal producers and individual coal 

producers submitting said Code for the approval of the President, 

also authorized the Administrator to make such minor changes as 

might be desirable to improve its language without substantially 

altering the substance thereof. 

NOW, THEREFORE, I, Franklin D. Roosevelt, President of the 

United States, pursuant to the authority vested in me by Title I of 

the National Recovery Act, approved June 16, 1933, and otherwise, 

and upon the recommendation of the Administrator do order tbat-

(1) Schedule A, as revised and attached to this order, is hereby 

approved as the schedule of basic minimum rates approved or prescribed by the President and incorporated in the Code of Fair Competition for the Bituminous Coal Industry, as provided in Article IV 

of said Code. 

(2) In order to correct a typographical error in the Code and in the 

Executive Order of September 18th, in the two places where the 

phrase "six members of the Divisional Code Authorities" occurs in 

Article VII, Section 4, this shall be corrected to read "five members 

of the Divisional Code Authorities." 

(3) In order to provide for the impartial decision of any controvers7 

submitted to the National Bitummous Coal Labor Board there 1s 

hereby imposed, as a condition upon the functioning of said Board, 

that only the impartial and disinterested representatives of the President appointed to the Divisional Labor Boards shall participate in 

the decisions of the National Bituminous Coal Labor Board, the other 

members thereof acting only in an advisory capacity. 

(4) Subject to the conditions of the Executive Order of September 

18, 1933, and the modification thereof and other provisions of this 

order, the Code of Fair Competition for the Bituminous Coal Industry 

is hereby approved. 

FRANKLIN D. ROOSEVELT. 

SEPTEMBER 29, 1933. 

Approval recommended: 

HUGH S. JOHNSON, 

Administrator. 

(V) 
EXECUTIVE ORDER 

In accordance with the provisions of the Code of Fair Competition 

for the Bituminous Coal Industry heretofore approved, I hereby 

appoint the Administrator, Hugh S. Johnson, to serve temporarily 

as a member (without vote) of each Code Authority created as provided in Article VI, Section 2, of said Code, with the power in said 

Administrator to designate an agent with full authority to act in his 

behalf as a rn.ember (without vote) of any Divisional or Sub-Divisional Code Authority thus created, reserving to myself the power to 

appoint directly, in substitution for the temporary appointment of 

the Administrator, a member of any such Divisional or Sub-Divisional Code Authority. 

FRANKLIN D. ROOSEVELT. 

SEPTEMBER 29, 1933. 

(VI) 
General HUGH S. JOHNSON, 

SEPTEMBER 17, 1933. 

Administrator, 1\/ational Recovery Administration, 

TVashington, D.O. 

DEAR SrR: I present herewith for your consideration and recommendation to the President the Code of F air Competition for the 

Bitununous Coal Industry. 

Efforts were under way to secure the cooperation of the Bituminous Coal operators prior to and in anticipation of the passage of the 

N ational Industrial Recovery Act. 

The state of utter disorganization in the industry involving the 

prevalence of unfair competitive practices, particularly in the payment of low wa,ges in order to permit of unreasonably low coal prices, 

furnished a good example of the effects of unrestrained competition 

in an industry capable of great overproduction in relation to existing 

consumer demands. In numerous ways the Bituminous Coal Industry has furnished more convincing evidence of the need for the 

integrating force of the National Industrial Recovery Act than any 

other industry in the nation. The initial and immediate activity of the Administrator and the 

present writer after your appointment was an effort to bring about 

a greater coordination and cooperation betv.-een the operators in the 

different sections of the country in this industry and largely in response to this effort there came into being the Northern Coal Control 

Association and the Smokeless Appalachian Coal Association, representing almost all producers in the Appalachian coal area which produces approximately 70% of the national Bituminous coal tonnage. 

These associations join in presenting a Code of Fair Competition, 

this being a remarkable exhibition of cooperation among coal producers who have been engaged for a generation in bitter competitive 

operations. Other associations in various regions presented separate 

Codes as did certain groups of individual producers thus offered to 

the Administration the problem of harmonizing in some manner the 

divergent views represented in some twenty-eight different Codes. 

This industry also presented the unique problem of one in which 

there was far-reaching organization of labor on an industrial basis, 

The United Mine Workers of America having contracts with many 

operators in many fields and claiming organization of workers in 

many other fields where no contractual relations existed. 

The difficulty of reconciling all the conflicting elements in this 

situation can hardly be overemphasized. During the progress of · discussion following the public hearings representatives of the Appalachian Associations requested the aid of the Administration in 

facilitating the negotiation of a contract between these associations 

and the United Mine Workers of America, and it was evident to the 

Administration that this step having been taken a successful conclusion to these negotiations was of the utmost in1portance in bringing 

about the submission of a code for the industry as a whole. 

In the detailed report which will be prepared for your consideration 

ail the steps taken and the problems involved will be given more 

(Vil) 
VIII 

adequate consideration. At the present time in view of the urgent 

n°ed for the recommendation and approval of the code which was 

finally adopted and submitted for approval on September 16 by representatives of approximately 95 percent of the national tonnage, it 

is desirable to make recommendations only as to the following minor 

details: 

1. There is a provision in Article VII, section 3, requiring each code 

authority to collect and combine any report and other information 

required under the National Industrial Recovery Act. This should 

be supplemented by a definite obligation imposed upon the industry 

to furnish to government agencies such statistical information as the 

administrator may deem necessary for the purposes recited in Section 

3-A of the National Industrial Recovery Act in the form of an 

Executive Order to be recommended to the President. An appropriate provision will be drafted to cover these requirements. 

2. In Article VII, Section 4, provision is made for establishing an 

Industrial board to consist of nine members designated by the several 

divisional code authorities and the six members of the divisional 

authorities who have been appointed by the President. It appears 

that the provision as written may unduly restrict the President in 

placing on the Industrial Board only his appointees to the divisional 

code authorities. 

Accordingly, it is recommended that as a condition of approval 

the President reserve the right to name not more than three members either in substitution for, or in addition to the six presidential 

appointees made members of the Industrial Board by the present 

provision of Section 4, of Article VII. 

3. Schedule A fixes basic minimum rates for various districts and 

parts thereof leaving the rates for certain producing areas to be either 

approved or prescribed by th~ President prior to the effective date of 

the code. In view of progress made since the submission of the code 

in determining those rates not fixed in schedule A as submitted, I am 

able to recommend the revised Schedule A attached to this report, 

and desire to make it plain that no rates as fixed in Schedule A as 

submitted have been changed. 

The code as recommended complies in all respects with the pertinent provisions of Title I of the Act. The groups submitting the 

code impose no inequitable restrictions on admission to membership 

therein and were truly representative of the Bituminous Industry. 

The code as recommended is not designed to promote monopolies 

or to eliminate or oppress small enterprises and will not operate to 

discriminate against them, and will tend to effectuate the policy of 

Title I of the National Industrial Recovery Act. · From evidence adduced during the hearrng an.d all available information,· it is believed that this code as now proposed and revised 

represents an effective, practical, equitable solution for this industry, 

and its approval as herewith submitted is recommended. 

Respectfully submitted. 

Approved: 

HUGHS. JOHNSON, 

Administrator. 

K. M. SIMPSON, 

Deputy Administrator. 
IX. 

SEPTEMBER 18, 1933. 

General HuGH S. JOHNSON, 

Administrator, National Recovery Administration, Washington, D.O. 

DEAR SrR: 

I submit herewith my report on those aspects of the Bituminous 

Coal Industry which affected the formulation of the Code of Fair 

Competition for that Industry. 

This report supplements my letter of transmittal of September 

17, 1933. 

Respectfully submitted. 

K. M. SIMPSON, 

Deputy Administrator. 

18032°-183-53- 33-2 
SALIENT FACTS OF THE INDUSTRY 

The Industry as defined in the Code includes all enterprises engaged 

in the "production and original sale of all kinds of coal (except 

anthracite), lignite, and the production and original sale of coke other 

than byproduct coke." Purposely omitted from the scope of the 

Code are anthracite and byproduct coke operations and the activities 

of wholesaling and retailing which do not fall within the meaning of 

"original sale", i.e., first sale after the stage of production. 

The following statistics indicate the position of the industry in 

recent years: 

Statistical position of the bituminous coal industry 

Year 1919 1926 1929 1930 1931 1932 

-

Production (net tons) 1 ______ 465,860,058 573,366,985 534,988,593 467,526,299 382,089,396 308,370,000 

Total value f. o. b. mines 1 ____ $1,160,616,013 $1,183,412,000 $952,781,000 $795,483,000 $588,895,000 $391,630,000 Value per ton 1 _____________ _ $2.49 $2.06 $1. 78 $1. 70 $1. 54 1. 27 

Number wage earners t ______ 621,998 593, t\47 502,993 493,202 450,213 398,715 Number wage earners 2 ______ 545, 798 ------------- 458,732 ------------ ------------ ------------ Average number of days mines operated i ___________ 195 215 219 187 160 145 

T otal wages paid 2 __________ $682,601,068 ------------- $574,800,072 ------------ ------------ ------------ Total wages per worker a ____ $1,250.65 ------------- $1,253.02 ------------ ------------ ------------ Ratio wages to value of products ___ ____ ___________ 58.81 ------------- 60.32 ------------ ------------ ------------

1 As reported by Bureau of Mines. 2 As reported by Bureau of the Census. a Based on number of wage earners reported by Bureau of the Census. 

NoTE.-The number of men reported by the Bureau of Mines represents the total of the number em- ployed at individual mines whether operated for 20, 50, 100, 300, or other number of days during the year. 

Thus, for a mine which operated for only a part of one month and was idle the remainder of the year, the 

number of men employed for such time is included in the t,otal for the year on the same basis as if the men had been employed throughou t the year. The number reported by the Bureau of Mines does not represent, 

therefore, the average employment throughout the year, but rather the number employed in the year, 

whether for the whole year or for only a short period. The average number of wage earners reported by th Bureau of the Census was obtained by totalling the 

number employed on the 15th day of each month (or the nearest representative day) and dividing the result 

by 12. 

Unlike most industries, that of bituminous coal began to feel the 

effects of economic maladjustment in 1924. Since that time the 

condition of the industry has become progressively worse, notwithstanding the increasing tempo of most industries up to the summer 

of 1929. For the 30-year period ending in 1918, the average annual 

increase in the production of bituminous coal was approximately 

18,000,000 tons. During the period 1918-29 this trend of annual 

increase disappeared. In only three years-1920, 1923, and 1926-

did production approach that for 1918. The average for the 5 years, 

1916- 1920, was 533,644,561 tons, for 1921-1925, was 481,298,798 

tons, and for 1926-1930, was 518,878,039 tons. Output in 1931 was 

382,089,396 tons, and in 1932, 308,970,000 tons. 

Since 1920 the trend of mine realization for coal has been downward. The average for the four years 1919-1922 was 3.08. For the 

succeeding years the average realization was as follows: 

1923 _ _ _ _ _ _ _ _ _ _ _ _ 2. 68 1927 _ _ _ _ _ _ _ _ _ _ _ _ 1. 99 193 L _ _ _ _ _ _ _ _ _ _ _ 1. 54 

1924- _ _ _ _ _ _ _ _ _ _ _ 2. 20 1928 _ _ _ _ _ _ _ _ _ _ _ _ 1. 86 1932 _ _ _ _ _ _ _ _ _ _ _ _ 1. 27 

1925 ____________ 2. 04 1929 ____________ 1. 78 

1926____________ 2. 06 I 1930 ________ ____ 1. 70 

(X) 
XI 

With the wage bill constituting 60-65 percent of the total cost of 

production and wages practically the only flexible item in costs, the 

result has been that the burden of declining prices has fallen in 

greatest force on the wage earners. Thus, the coal industry was an 

economic "sore-spot" for at least five years before the collapse in 1929. 

Not only did labor suffer during all this period but many mining operations were forced into receivership and reorganization and earnings 

were far from adequate on the investment in the industry. In 1929, 

a year of high production, corporations in the industry (as classified 

by the Bureau of Internal Revenue) reported a net loss of $11,300,000. 

The reported net loss for 1930 wa.s $42,071,000. Similar data for 

other years are not available. 

The condition of the industry was particularly acute in 1931, 1932, 

and the first five months in 1933. Beginning in June considerable 

improvement in production has taken place and since the first of 

July the output has exceeded that for the corresponding period in 

1931, although still remaining considerably below normal and about 

26.5 percent below the production during the corresponding period 

in 1929. 

EMPLOYMENT--HOURS AND w AGES 

A full study of the hours and wages problems of the industry is 

contained in the Report of the Division of Economic Research and 

Planning, summary of which is given below: 

The industry employed 503,000 wage earners in 1929, 399,000 

in 1932, and approximately 294,000 in July 1933. The number employed in the industry has decreased greatly in recent years, falling 

from a peak of 704,793 wage earners in 1924. However, the average 

number of days worked per year by wage earners has been far from 

adequate. In only three years since 1920 has the average working 

time exceeded 200 days, and for the 12-year period the average has 

been 180 days per year. The average working time per week for mines 

in 1929 was 34 hours, with a minimum of 28.7 hours per week in June 

and a maximum of 39.2 hours per week in February. In 1932, the 

average working time was 22.8 hours per week, ranging from 15.7 

hours in June to 28.9 hours in October. Therefore, the 40-hour week 

provided in the Code should easily allow of a total production equal 

to that for 1929, on the basis of mine capacity and workers available 

in that year. However, 1929 output at particular mines could not be 

equalled and for certain kinds of coal might not be possible of achievement under the 40-hour week. Estimated employment for the sixmonth period-September 1933 to February 1934-based on the 

assumption that 200,000,000 tons will be produced during that period, 

would provide employment at a 36-hour per week average for 331,000 

wage earners. On a 32-hour average, the number employed would be 

approximately 372,000. The index of employment for the industry 

indicates 295,000 employed in June 1933, averaging roughly 30 hours 

pBr week and 294,000 in July, averaging approximately 36 hours per 

week. 

Reemployment in the coal industry is entirely dependent upon a 

substantially increased demand for coal. With output at 308,000,000 

tons in 1932, the average weekly working time was but 22.8 hours 

and the average number of days worked was only 145. Therefore, 

increase in working time for those employed may be expected to 
XII 

take place before reemployment of greater numbers on any appreciable scale. At the present time some mines are operating six days 

per week; the reduction in working time of employees in these cases 

will result in a shifting to other mines whose operating time is less 

and to some extent, the employment of some additional men. However, the increase in numbers employed to be reasonably expected 

cannot be appreciable in view of the limited number of days which 

the mines have operated. 

Wages constitute from 60 to 65 percent of the cost of producing 

bituminous coal. Total wage-bill data for the bituminous-coal industry are available only for the years covered by the decennial Census 

of l\fines and Quarries. The wage bill (including contract work) in 

1919 was $685,457,034 and $576,689,699 in 1929. The pay roll of 

1929 was 16 percent less than 1919, and the value of coal, f.o.b. 

mine (out of which wages must be paid) showed a like decline. Thus, 

in 1929, when the value added by manufactures as a whole exceeded 

the 1919 level by 28.5 percent, the value of products on the bituminous-coal industry dropped 16 percent in spite of an increase of 

about 17 percent in production. 

In addition to the decrease in working time afforded eniployees 

during the depression, average hourly earnings have been declining 

since 1924. The trend of hourly earnings for outside laborers, for 

inside laborers, and for trackmen are shown in the following table 

for the area east of the Mississippi River: 

Average hourly earnings of skilled and unskilled occupational groups in important · coal fields 1 for specified periods, 1919 to 1933 

Northern Southern Northern and 

fields 2 fields 3 southern fields 

combined 

Year Period 

Track-, Outside Track- Outside Track- Outside men laborers men laborers men laborers 

1919 Jan.-May ___ __ _ ---------------------------- $0.628 $0.529 $0. 510 $0.419 $0.585 $0.479 

1921-22 Oct. 1-Feb. 15 ______________________________ . 829 . 669 j . 698 j . 512 1 • 781 j . 601 

1924 Oct.-Dec ____ _______________________________ . 864 . 718 . 577 . 430 . 747 . 576 

1926-27 Nov . 26-Mar. 22 ____________________________ . 819 . 669 . 666 . 433 . 698 . 539 

1929 First quarter _______________________________ . 699 . 559 . 550 . 419 . 624 . 483 

1931 First quarter _______________________________ . 651 . 542 . 522 .408 . 689 . 473 

1933 First quarter ____________ _______ ____________ . 479 . 389 . 365 . 288 . 422 . 336 

1 Weighted by number of men employed in each field and average number of days mines were operated. 2 Illinois, Indiana, Ohio, and Pennsylvania. 1 Kentucky, T ennessee, Virginia, Alabama, and West Virginia. i Does n ot include T ennessee an d Virginia. 

For the purpose of determining minimum rates of wages, it has 

been necessary to consider the competitive relationships of the many 

producing districts in different coal-consuming markets. Such treatment is in accord with the historic development of the industry, 

which has been determined by the necessities of competition based on 

quality of coal, freight rates, the labor market and other factors. 

The relative importance of each of these factors varies from field to 

field. Moreover, the importance of each factor is difficult to measure. 

As far as practicable, however, the number of districts has been 

kept to a minimum and the spread in rates has been reduced to the 

narrowest limits possible and still promote competitive equilibrium. 

Rates submitted in the numerous codes proposed by operators showed 
XIII 

wide variations, both as to the minimum wages and the differentials 

between different competing areas. It would be utterly impossible 

to reconcile all the conflicting rates proposed by the different interests 

involved. The effort has been to arrive at a set of rates which 

would result in the least economic dislocation and at the same time 

carry out the purposes of the N.I.R.A.-employment and increased 

purchasing power. 

No data are available from which may be determined with accuracy 

the magnitude of differentials which should exist between competing 

districts. However, such data as are available have been carefully 

analyzed before approval of any rate (except where rates were fixed 

by contract). For the most part, the differentials in rates of pay 

represent agreemen·ts arrived at by representatives of different geographical divisions within the industry as being fair and equitable, and 

approved by the N.R.A. The reasonableness of the rates and differe·nt.ials can only be determined after the Code has been in operation 

and the results reviewed. Such review is provided for in the Code, 

which requires that a study be made under the direction of the 

Administrator before December 31, 1933; and that the provisions of 

the Code be reviewed in the light of developments during the first 1 

three months of operation at meetings to be held beginning January 

5, 1934. 

The Code provides minimum rates for two classes of labor, namely, 

outside common labor and inside skilled labor (basic minimum). ' 

The Code further provides that "other classifications of employment 1 

will maintain their customary differentials above or below said basic 

minimum rates and that payments for work performed on a tonnage 

or other piecework basis will maintain their customary relationship 

to the payments on a time basis provided in said basic minimum 

rates." The rates established by the Code represent substantial • 

increases over the rates prevailing earlier in the year for all fields 

except for those fields under union contract. The weighted average 

increase in hourly rates for skilled employees for the area east of the 

Mississippi River is 13 cents, or 30.8 percent over the average rate 

which prevailed in February 1933; that for outside common labor is 

9.3 cents, or 27.7 percent higher. Increases for certain individual 

states or districts are considerably higher than the average, while 

those for Illinois, Indiana, and areas under contract west of the 

Mississippi remain unchanged. 

On the other hand, practically all the rates are lower than those in 

effect in 1929. For the area east of the Mississippi River, the weighted 

average of inside skilled labor rates established by the Code is 7 .2 

cents, or 11.5 percent lower than those prevailing in 1929, while outside 

common labor rates average 5.4 cents, or 11.2 percent under 1929. 

Although the hourly rates compare favorably with those established 

in other codes, the earning possibilities under the Code are adversely 

affected by the characteristically short working week afforded by the 

industry. For the full 40-hour week prescribed by the Code, the 

average earnings for inside skilled labor (basic wage) would be $22.08 

and for outside common labor would be $17.16. 

The rates established by the Code with corresponding rates prevailing in the first quarter of 1933 and 1929 are shown in the following 

tables. 
XIV 

Hourly wage rates established by approved code compared with those prevailing in 

February 1933 and first quarter, 1929. In States east of the Mississippi River 

Bureau of Bureau of 

Approved rate Labor, Febru- Labor, first 

ary 1933 quarter, 1929 

Field 

Inside Out- Out- Out• 

skilled side Track- side Track- side 

labor- labor- men labor- men labor• ers ers ers ers 

--- Pennsylvania _____________________ ___ : _____ _______ ___ _ $0. 575 $0. 450 $0. 441 $0.325 $0.686 $0.496 Cen traL _____ _________________________________________ ---_ - _______ _ Western . 455 . 342 . 689 .520 ___ ___ __ _________ _______ _____ ___ ______ ___ _____ ____________ _ Ohio __________________ _______________________________ _ . 433 . 315 .684 .481 

Michigan Ohio and Pennsylvania_------------------------------ ______________ ______________________________ _ 

Panhandle, W. Va ____ _____ ---------------------------- Northern West Virginia ___ ---------------------------- Smokeless and Appalachian: Southern West Virginia __ ________ ________________ _ 

Eastern Virginia __________________ Kentucky ____ ------ ________________________ ----------------------_ 

N ortbern Tennessee __________ ____________________ _ Upper Potomac, W.Va ________ ___________________ _ Maryland ________ __ _______ __ _________ _____ ______ _ _ Indiana ___________ ___________________________________ _ Illinois _____________ ____ ___ __________ ____________ ____ _ _ Western Kentucky ___________________________________ _ Alabama _______________ ___ __ _________________________ _ Georgia _____ ______ ____________________ _____ ________ __ _ 

Tennessee (Hamilton and Rlrea) _____________________ _ Southern Tennessee __________________ ___ ______ _______ _ 

• 575 

. 575 

. 575 

. 675 

. 645 

. 525 

. 525 

• 525 

. 525 

. 525 

. 625 

. 672 

. 625 

. 600 

. 425 

. 425 

. 425 

.480 

Weighted average,3 north of Ohio River_____ _____ __ ___ . 685 

Weighted average,3 south of Ohio River_________ ______ . 518 

Weighted average,3 east of Mississippi River__________ . 552 

1 Includes Panhandle and upper Potomac districts. 2 Entire State. 

. 450 

. 450 

. 450 

. 460 

.420 

.400 

. 400 

.400 

.400 

. 400 

.400 

. 625 

. 600 

. 375 

. 300 

.300 

.300 

. 375 

. 470 

. 393 

.429 

. 392 . 434 

--------

-------- I . 350 

. 381 

. 390 

. 338 2 . 335 

--------

-------- • 677 

. 623 

. 343 

. 303 

. 479 

. 365 

. 422 

. 343 

.328 

--------

-------- 1 . 283 

. 307 

. 293 

. 260 2 . 255 

--------

-------- . 528 

.494 

. 287 

.196 

. 389 

. 287 

. 336 

. 626 

. 677 

--------

--------

I. 586 

. 573 

. 577 

. 487 2 . 440 

--------

--------

. 760 

. 762 

. 525 

. 459 

. 699 

. 550 

. 624 

• 632 

. 601 

--------

-------- I. 482 

.449 

. 444 

. 354 2 . 337 

-------- -------- .694 

. 700 

.422 

• 272 

• 659 

.419 

.483 

1 Weighted by number of men employed in each field and average number of days mines were operated. 

Hourly wage rates established by the approved code compared with union contract 

rates in effect in 1933 and 1929 in States west of the Mississippi River 

Field 

Iowa (Wayne & Appanoose) _____________ _ Io':Va (ex_cept Wayne & Appanoose) _____ _ _ M1ssour1 ____________________ _________ ____ _ Kansas _____ __________ ___ ____ ___ _______ ___ _ 

Arkansas _____ ___ ___ ______ ___________ _____ _ 0 klahoma _____________ ___________ __ ______ _ New Mexico ________ _____________________ _ 

Southern Colorado ______ _________________ _ Northern Colorado _______________________ _ Utah ______________ _______________________ _ 

Southern Wyoming ___ ______ ___ ________ __ _ Northern Wyoming ____ __________________ _ Montana __________ _______________________ _ Washington ________ ______________________ _ North Dakota ____ ________________________ _ 

South Dakota ___________ __ __________ _____ _ 

Approved rate Union contract 

rate, 1933 

Union contract 

rate, 1929 

i----------1---------1-----,-----

Inside 

skilled 

labor 

$0.67 

. 58J4 

.461⁄4 

.461⁄4 

.461⁄4 

.461⁄4 

. 66 

. 655 

. 625 

. 68 

.673⁄4 

.673⁄4 

. 703⁄4 

. 675 

. 50 

. 50 

Outside 

laborers 

$0. 483⁄4 . 50 

. 41 

.41 

. 41 

. 41 

.461⁄4 

.461⁄4 

.461⁄4 . 66 

. 555 

.563⁄4 

.603⁄4 

. 50 

. 40 

. 40 

Trackmen 

Outside 

common 

labor 

Track- men 

Outside 

common 

labor 

---------- -- --- } $0. 725 $0. 643⁄4 ---------- $0. 50 I $0. 460 I , 409 , 625 • 645 2 • 469 2_ 409 . 633⁄4 . 545 3• 460 3• 389 _____ _____ ---------- a. 469 a. 389 ___________________ _ 

. 677 

.677 

. 725 

. 675 

. 550 

.563⁄4 

. 603 

. 500 

. 84 

.84 

. 899 

. 844 

. 569 

. 736 

. 741⁄4 

.80 

. 625 

1 Exclusive of Randolph, Macon, and Adair Counties. Contract of Southwestern Interstate Coal 

Operators' Association, and Ray and Clay Counties Operators' Association. 2 Cherokee and Crawford Counties. 1 Contract of Arkansas-Oklahoma Coal Operators' Association. • Rocky Mountain Fuel Co.'s rate is $0.6563 for trackmen and $0.50 for outside labor. 
xv 

CHILD LABOR 

No person under seventeen (17) years of age shall be employed 

inside any mine or in hazardous occupations outside any mine, 

provided, however, that where a state law provides a higher minimum 

age, the state law shall govern; no person under the age of sixteen (16) 

shall be employed in or about a mine. 

MAXIMUM HOURS FOR ALL EMPLOYEES 

Not over 40 hours per week: during any part of the year. 

Exceptions.-(a) Employees required because of accidents which 

temporarily necessitate longer hours for them; (b) supervisors, 

clerks, technicians, and that small number of employees at each mine 

whose daily work includes the handling of man trips and/or haulage 

animals and coal in transit and those who are required to remain on 

duty while men are entering and leaving the mine. 

Provision is made in the Code for an investigation for the purpose 

of reporting on or before December 31, 1933, upon the practicability 

and cost (assuming the maintenance of existing rntes of pay) of 

applying to bituminous coal mining a shorter work: day and work 

week. 

The Code makes provision for sharing of available employment 

upon the expressed desire of the employees, and adjusted by mutual 

agreement between employed workers and their employers. 

PRICE PROVISIONS 

Article VI of the Code requires that coal must be sold at a fair 

market price, i.e., a price necessary to carry out the purposes of the 

N.I.R.A., to pay the minimum rates of wages established, and to 

furnish employment for labor. Minimum prices are to be established 

by selling agencies, truly representative of two thirds of the commercial tonnage of any coal district or group of districts, all prices being 

subject to the approval of the Administrator. 

The provision that prices shall be published and made subject to 

review and approval of the Administrator should reduce materially 

uneconomic and destructive competition among the various fields. 

Through this control the Administrator may do much to establish 

proper equilibrium among the producing fields and promote the development of markets which are related geographically and economically to the producing centers. Much of the long and wasteful 

"cross-hauling" of coal should be eliminated by the establishment of 

proper price differentials. 

The pricing and marketing provisions of the Code are expected to 

relieve the industry of much of the cutthroat competition that has 

existed and obviate the dumping of coal at ruinous prices, which has 

demoralized markets, and resulted in mine realizations for coal inadequate to provide decent levels of wages. It affords a means by which 

wage earners in the industry need not bear the burden of inadequate 

prices and makes possible a degree of stabilization never heretofore 

achieved in the industry. 

The Code provides public representation on the National Bituminous Coal Industrial Board to assist and advise the Administrator in 
XVI 

all matters relating to the operation of the Code and its effect upon 

the consumers' interests. 

AD MINISTRATION 

The Code provides for maximum degree of autonomy within the 

five Divisions established. Each Division shall be administered by a 

Code Authority, composed of members truly representative of the 

producers within the area, and one member, without vote, appointed 

by the President. 

The Presidential members of the Divisional Code Authorities shall 

constitute the National Bituminous Coal Industrial Board. (The Pres- ident may appoint not more than three members of the Industrial Board 

in addition to, or in substitution for one or more of, the aforesaid members of the Divisional Code Authorities.) The National Board shall 

advise and assist the Administrator in the administration of the Code. 

For the settlement of labor disputes, there is provided in the Code 

for the establishment of a Bituminous Coal Labor Board in each 

Division. (Except there shall be two Boards for Division No. 1.) 

The members of the six Bituminous Coal Labor Boards shall constitute 

the National Bituminous Coal Labor Board. The duties of the 

Board shall be to administer labor matters and disputes for the industry which fall outside the province of the District Boards or which, 

the District Boards have been unable to handle or compose; however 

in order to provide for the impartial decision of any controversy 

submitted to the National Bituminous Coal Labor Board there is 

imposed, as a condition upon the functioning of said Board, that only 

the impartial and disinterested representatives of the President 

appointed to the Divisional Labor Boards shall participate in the 

decisions of the National Bituminous Coal Labor Board, the other 

members thereof acting only in an advisory capacity. 

All activities, decisions, and promulgations of authority of the 

several administrative agencies provided for in the Code are subject 

to the review and approval, or veto, of the Administrator fol' the 

Industry. 

In addition, the Administrator is empowered to (1) prescribe rules 

and regulations to prevent unfair deductions in wages, (2) investigate, through a designated agency, wages, hours, and other elements 

of the Code, (3) direct Presidential members of Code Authorities, 

(4) review and approve or veto market prices proposed by sales 

agencies established under the Code, (5) prescribe the furnishing of 

statistics to government agencies, (6) convene National Bituminous 

Coal Labor Board when necessary, (7) recommend for approval of 

President proposed amendments to the Code by any Code Authority, 

and such other duties expressed in the Code. 

FINDINGS 

I have found that-

(a) The Code complies · with the pertinent proVIs10ns of Title I, 

National Industrial Recovery Act, including, without limitation, 

subsection (a) of Sec. 7, and subsection (b) of Sec. 10 thereof. 

(b) The several Code Authorities established under the Code are 

truly representative of their respective districts and impose no 

inequitable restrictions upon admissions to membership. 
XVII 

(c) The Code, as submitted and amended, imposes necessary conditions for the protection of consumers, producers, and employees, 

will not permit monopolies or monopolistic practices, or eliminate or 

oppress small enterprises, and will not operate to discriminate against 

them. (d) The Code has been approved by the Labor Advisory Board, the 

Industrial Advisory Board, and the Consumers' Advisory Board. 

I have, therefore, recommended approval of the Code, as submitted, 

to be effective until April 1, 1934, as proveded in Article XI thereof. 

Respectfully submitted. 

K. M. SIMPSON, 

Deputy Administrator. 

CODE OF FAIR COMPETITION FOR THE BITUMINOUS 

COAL INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

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

Fair Competition for the bituminous-coal industry and upon approval 

by the President shall be the standards of fair competition for this 

Industry. 

ARTICLE II-DEFINITIONS 

As used in this Code the term "Industry" as applied to the 

Bituminous Coal Industry means the production and original sale 

of all kinds of coal (except anthracite), lignite, and the production 

and original sale of coke other than byproduct coke. 

The term "employer" includes any person employing labor in 

any phase of the industry. 

The term "employee" includes all persons employed in the 

industry. 

The term "Administrator" means the official designated by the 

President to administer the National Industrial Recovery Act. 

ARTICLE III-MAXIMUM HouRs OF LABOR 

No employee, except members of the executive, supervisory, 

technical, and confidential personnel, shall be employed in excess of 

40 hours in any calendar week after the effective date of this Code. 

No employee shall be required or permitted to work more than 

eight hours in any one day at the usual working places or otherwise 

in or about the mine (exclusive of lunch period), whether paid by 

the hour or on a tonnage or other piecework basis. 

There shall be excepted from the foregoing limitations (a) employees required because of accidents which temporarily necessitate 

longer hours for them; (b) supervisors, clerks, technicians and that 

small number of employees at each mine whose daily work includes 

the handling of man-trips and/or haulage animals and coal in transit 

and those who are required to remain on duty while men are entering 

and leaving the mine. 

The foregoing maximum hours of work shall not be construed as a 

minimum; and if at any rn_jne a majority of the employed workers 

express their desire, by written request to the employer, to share 

available work with bona fide unemployed workers of the same mine, 

the number of hours' work may be adjusted accordingly by mutual 

agreement between such employed workers and their employers. 

ARTICLE IV-MINIMUM RATES OF PAY 

The basic minimum rate for inside skilled labor and the basic 

minimum rate for outside common labor shall be the rate hereinafter 

(1) 
2 

set forth in Schedule "A" for each district therein described for each 

such cln,ssification of labor, with the understanding that other classifications of employment will maintain their customary differentials 

abo-ve or below said basic minimum rates and that payments for work 

performed on a tonnage or other piecework basis will maintain 

their customary relationship to the payments on a time basis provided 

in said basic minimum rates. 

ARTICLE V-CONDITIONS OF EMPLOYMENT 

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

be free from the interference, restraint, or coercion of employers of 

labor, or their agents, in the designation of such representatives or 

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

collective bargaining or other mutual aid or protection; (2) 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 (3) employers shall comply with the maximum hours of 

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

approved or prescribed by the President. 

(b) Except as otherwise hereinafter provided, all coal mined on a 

tonnage basis shall be weighed and the miner paid on the basis of 2,000 

or 2,240 pound ton. The miners shall have the right to a checkweighman, of their own choosing, to inspect the weighing of coal: 

Provided, that where mines are not now equipped to weigh coal a 

reasonable time may be allowed to so equip such mines; and pro• 

vided, that in any case where rates of pay are based on any other 

method than on actual weights, the miners shall have the right to 

check the accuracy and fairness of the application of such methods, 

by representatives of their own choosing. 

(c) The net amount of wages due shall be paid semimonthly in 

lawful money or par check at the option of operators. Any deductions 

from employees' pay, if not a matter of agreement, shall be in conformity with such general rules and regulations as the Administrator 

may prescribe for the purpose of preventing unfair deductions, or 

those which may in effect lower the rates of pay herein provided. 

(d) Employees other than maintenance or supervisory men or 

those necessary to protect the property shall not be required as a 

condition of employment to live in homes rented from the employer. 

(e) No employee shall be required as a condition of employment 

to trade at the store of the employer. 

(f) No person under seventeen (17) years of age shall be employed 

inside any mine or in hazardous occupations outside any mine, provided, however, that where a state law provides a higher minimum 

age, the state law shall govern; no person under the age of SL'Cteen (16) 

shall be employed in or about a mine. 

(g) As soon as possible after the adoption of this Code, the National Recovery Administration shall undertake, through a designated 

committee or agency, an investigation for the purpose of reporting on 

or before December 31, 1933; upon (a) the practicability and cost 

(assuming the maintenance of existing rates of pay) of applying to 

bituminous coal mining a shorter work day and work week; (b) the 
3 

effect of an advisability of revising wage differentials in the various 

divisions and districts of the industry and in the event of recommended 

change specification of the amount thereof; (c) the sales obtained for 

coal, or reasonably to be anticipated, up to the time of the report, for 

the purpose of determining whether wages and employment can be 

further increased or maintained without imposing undue burdens 

upon the industry. 

On January 5, 1934, there shall be held a conference between representatives of employers and employees operating under this Code, 

together with representatives of the National Recovery Administration, for the purpose of determining what, if any, revisions may 

be desirable at that time of the wages, hours, and differentials, or any 

other requirements of this Code, on the basis of conditions then 

existing and the report of representatives of the National Recovery 

Administration made as hereinbefore provided. 

Unless revised by mutual agreement, as the result of said conference beginning January 5, 1934, the hours of work, minimum rates 

of pay, and wage differentials as set forth in this Code shall continue 

in effect until April 1, 1934. 

ARTICLE VI-UNFAIR PRACTICES 

SECTION 1. The selling of coal under a fair market price (necessary 

to carry out the purposes of the National Industrial Recovery Act, 

to pay the minimum rates herein established, and to furnish employm~nt for labor) is hereby declared to be an unfair competitive practice and in violation of this Code. In order to determine the fair 

market price, agencies shall be established, as hereinafter provided, 

and sales of coal at any time at a price less than a fair market price 

determined and published, as hereinafter provided, shall create 

against any person selling at a lower price a prima facie presumption 

that such a person is engaged in destructive price cutting and unfair 

competition. It shall be proper in determining such fair market 

price to take into consideration, in addition to the matters above set 

forth, also competition with other coals, fuels, and forms of energy 

or heat production. 

SEc. 2. The fair market prices of coal of any grade and character 

referred to in the next preceding section, subject to the power of 

review hereinafter stated shall be-

(a) The minimum prices for the various grades and sizes in the 

various consuming markets which may be established for future 

application by a marketing agency or by marketing agencies, of 

whatever form or howsoever constituted, now existing or hereafter 

created or organized, acting for coal producers truly repres ntative 

of at least two thirds of the commercial tonnage of any coal district 

or group of districts, such minimum prices to be effective when and as 

announced as provided in Section 4 hereof. 

(b) The minimum prices for the various grades and sizes in the 

various consuming markets, where no such marketing agency exi ts, 

which may be established for future application by the respective 

Code Authorities hereinafter set up, for their respective areas, after 

having given consideration to the various conditions and circumstances entering into the sale of each grade and class of commercial 

coal produced in the di~trict or group of districts it represents, such 
4 

minimum prices to be effective '"'hen announced as provided in Section 

4 hereof. . 

(c) As a basis for determining the fair market price to be announced 

and published, as provided in the two preceding clauses, the Code 

Authorities shall utilize the Classifications of coals made by such 

agencies as are referred to in clause (a) of this section, and shall 

classify the coals in said districts not sold by such agencies and also 

the coals in the districts referred to in clause (b) of this section, to 

which the various prices apply. Said Code Authorities shall, at all 

times, provide and keep open an office during business hours to which 

any coal producer in said districts and any representative of the 

Administrator may apply for information with respect to said classifications and prices. 

( d) The term "marketing agency" or "agency" as used in this 

Article shall include any trade association of co.al producers complying with the requirements of a marketing agency and exercising 

the functions thereof. 

SEc. 3. The fair market prices established for future application 

under the provisions of Section 2 (a) shall be reported to said Code 

Authorities by any such marketing agencies in such manner as may 

be required by such Authorities. 

SEc. 4. The fair market price of bituminous coal, established as 

aforesaid by such agencies and Code Authorities shall be published 

within fifteen days after the effective date of this Code, after approval 

by the Presidential Member of the Code Authority (acting under the 

direction of the Administrator), who in his approval may permit a 

reduction or increase in said prices by action of said agencies or 

Authorities within the limits which he may prescribe, and thereafter 

shall be published whenever any change is made therein, and not 

less frequently than one each month, and on the first of the month. 

Simultaneously with such publication, said fair market prices of 

bituminous coal shall be transmitted by the Code Authorities to the 

National Recovery Administrator for his further review and subsequent action. 

SEc. 5. Both the records and the data of such marketing agencies 

and of said Code Authorities shall be open to inspection and investigation by any agent of the Administrator whom he shall appoint for 

that purpose. Should such an agent of the Administrator disapprove 

of any changes proposed in any fair market prices from those previously 

approved by the Administrator as being 1n excess of any reductions 

or increases allowed in such approval, such changes shall not be made 

effective unless and until the Administrator shall approve them. 

SEc. 6. The consignment of unordered coal, or the forwarding of 

coal which has not actually been sold, consigned to the producer or 

his agent, is a violation of this code; provided, however, that coal 

which has not actually been sold may be forwarded, consigned to the 

producer or his agent at rail or truck yards, tidewater ports, river 

ports, or lake ports, and/or docks beyond such ports, but such 

consignments shall be limited to cover: 

(a) Bunker coal; 

(b) Coal applicable against existing contracts; 

(c) Coal for storage (other than in railroad cars) by the 

producer or his agent in rail or truck yards or on docks, 

wharves, or other yards for resale by the producer or his 

agent. 
5 

SEc. 7. The adjustment of claims with purchasers of coal in such 

manner as to grant secret a.llowances, secret r ebates, or secret concessions creates price discrimination and is a violation of this Code. 

SEc. 8. The prepayment of freight chu.rges with intent or with the 

effect of granting a discriminatory credit allowance is a violation of 

this Code. 

SEc. 9. The giving in any form of adjustments, allowances, discounts, credits, or refunds to purchasers or sellers of coal, for the 

purpose or with the effect of altering retroactively a price previously 

agreed upon in such manner as to create price discrimina.tion is a 

violation of this Code. 

SEc. 10. The predating or the postdating of any invoice or contract for the purchase or sale of coal, except to conform to a bona fide 

agreement for the purchase or sale entered into on the predate is a 

violation of this Code. 

SEc. 11. Terms of sale shall be strictly adhered to; and the payment or allowance of rebates, refunds, credits, or unearned discounts, 

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

purchasers services or privileges not extended to all purchasers under 

like terms and conditions, is a violation of this Code. 

SEc. 12. An attempt to purchase business, or obtain information 

concerning a competitor's business by gifts or bribes, is a violation of 

this Code. 

SEc. 13. The intentional misrepresentation of analysis and/or 

sizes or the intentional making, causing or permitting to be made, or 

publishing, of any false, untrue, misleading, or deceptive, statement, 

by way of advertising, invoice, or otherwise, concerning the size, 

quality, character, nature, preparation or origin of any coal, bought 

or sold, is a violation of this Code. 

SEc. 14. The unauthorized use, either in written or oral form, of 

trade marks, trade names, slogans, or advertising matter already 

adopted by a competitor, or deceptive approximation thereof, is a 

violation of this Code. 

SEc. 15. Inducing or attempting to induce, by any means or device 

whatsoever, a breach of contract between a competitor and his customer during the term of such contract, is a violation of this Code. 

SEc. 16. Nothing in the foregoing sections of this Article shall 

prevent any American producer from creating special prices for overseas exports. 

SEc. 17. The splitting or dividing of commissions, brokers fees, 

or brokerage discounts, or otherwise in any manner through sham or 

indirection the use of brokerage commission or jobbers arrangements 

or sales agency for making discounts, allowances, or rebates, or prices 

other than those determined as provided in this Code, to any industrial consumer or to any retailer, or to others, shall be a violation of 

this Code. 

SEc. 18. To sell to, or through, any broker, jobber, commission 

account, or sales agency, which is in fact an agent for an organization 

of retailers or industrial consumers, whereby they secure indirectly 

a discount, dividend, allowance or rebates, or a price other than that 

determined as provided in this Code shall be a violation of this Code. 
6 

ARTICLE VII-ADMINISTRATION 

SECTION 1. For the purposes of Administration of this Code, the 

Bituminous Coal Industry is hereby divided into five divisions as 

follows: 

Division No. ].-Pennsylvania, Ohio, Lower Peninsula of Michigan, 

Maryland, West Virginia, Kentucky, Northern Tennessee, (including 

all counties not included within Division No. III), Virginia and 

North Carolina. 

1 Division No. JJ.-Iowa, Indiana, and Illinois. 

Division No. JJJ.-Alabama Southern Tennessee, (including 

Marion, Grundy, Seguatchie, White, Hamilton, Bledsoe and Rhea 

Counties), and Georgia. 

Division No. JV.-Missouri, Kansas, Arkansas, Oklahoma, and 

Texas. 

Division No. V.-New Mexico, Colorado, Utah, Wyoming, North 

Dakota, South Dakota, Montana, Idaho, Washington, Oregon, California, Nevada and Arizona. 

In each of the foregoing five divisions, subdivisions may be established, as hereinafter provided. 

SEc. 2. Divisional Code Authorities.-For each of the foregoing 

divisions there shallbe established within ten days after the effective 

date hereof, or within such further time as may be permitted by the 

Administrator, a Divisional Code Authority, or Subdivisional Code 

Authorities for the administration of this Code within such division, 

either for the division as a unit, or for subdivisions thereof, respectively, 

as may be determined. All the members of a Code Authority, except 

one (without vote and to be appointed by the President) shall be 

selected by an association or associations, or a committee of coal 

producers within the division or subdivision which shall be truly 

representative of the industry therein and impose no inequitable 

restrictions on admission to membership. A full report of any such 

action taken to establish a Code Authority shall be made to the 

Administrator and shall become effective upon approval by him. A 

subdivision shall consist of a geographical area within which all coal 

producers shall be entitled to membership in the association or committee establishing the Code Authority. The Administrator shall 

have power to limit the number of subdivisions within a division and 

to determine any controversy arising in the establishment of such a 

Code Authority, and his decision shall be conclusive as to compliance 

with the requirements of this Section and of the National Industrial 

Recovery Act in the initial establishment of such a Code Authority. 

In the event that Subdivisional Code Authorities are established 

within a division, such Subdivisional Code Authorities shall establish 

a Divisional Code Authority to exercise the functions hereinnJter 

provided for a Divisional Code Authority and any other functions 

which n1ay be conferred upon the Divisional Code Authority by the 

Subdivisional Code Authorities, all in conformity with any rules 

and regulations prescribed by the Administrator. One member of a 

Divisional Code Authority, without vote, shall be appointed by the 

President. 

A Code Authority shall administer this Code in its Division or 

Subdivision and shall have the duties and exercise the powers which 

are conf erre -l n on it in e,his article and in Article VI of this Code, and 
7 

shall have authority to adopt appropriate by-laws, rules and regulations for the exercise of its functions. 

Marketing agencies or trade associations may be established or 

maintained within any division or subdivision by a voluntary association of producers within any producing district therein, as such district 

may be defined by the Code Authority and function under such 

general rules and regulations as may be prescribed by the Code 

Authority, with the approval of the Administrator, for the purpose of 

preventing any unfair practices, as defined in Article VI of this Code. 

SEc. 3. Each Code Authority shall collect and compile any reports 

and other information required under the National Industrial Recovery Act; and in investigations of any complaint of unfair practices 

the Presidential member of a Code Authority shall have power to 

require reports from, and shall be given access to inspect the books 

and records of producers within the jurisdiction of such Code Authority to the extent he may deem necessary for the determination of the 

validity of the complaint. All coal producers subject to the Code 

shall furnish to any government agency or agencies designated by the 

Administrator such statistical information as the Administrator may, 

from time to time, deem necessary for the purposes recited in Section 

3 (a) of the National Industrial Recovery Act; and any reports and 

other information collected and compiled by a Code Authority, as 

heretofore provided, shall be transmitted to such government agencies, 

as the Administrator may direct. 

The expense of administering this Code by a Divisional (or Subdivisional) Code Authority shall be borne by those subject to such 

Code Authority, each paying his proportionate share, as assessed, 

computed on a tonnage basis, in accordance with regulations prescribed by the Code Authority with the approval of the Administrator. 

SEc. 4. Industrial Board.-There shall be established within ten 

days after the creation of the Divisional Code Authorities a National 

Bituminous Coal Industrial Board, consisting of four members designated by the Divisional Code Authority of Division No. I, two mernbers designated by the Divisional Code Authority of Division No. II, 

one member each designated by the Divisional Code Authorities of 

Divisions No. III, IV, and V and the five members of the Divisional 

Code Authorities who have been appointed by the President. The 

President muy appoint not more than three members of the Industrial 

Board in addition to, or in substitution for one or more of, the afore- said five members of the Divisional Code Authorities. This Board 

shall have the duties and exercise the powers conferred upon it in 

this Code, or any revisions thereof and particularly shall meet from 

time to time at the call of the Administrator, who shall be ex officio 

Chairman thereof, to consider and to make recommendations to the 

Divisional Code Authorities and to the President as to any amendments of this Code, or other measures wruch may stabilize and improve the conditions of the industry and promote the public interest 

therein. 

SEc. 5. Labor Relations.-(a) Any controversy concerning hours, 

wages, and conditions of employment, or compliance with the provisions of Article V of this Code, between employers and employees 

who are organized or associated for collective action shall, if possible, 

be adjusted by conference and negotiation between duly de~ignated 

representatives of employers and such employees, meeting either in a 
mine conference or district conference or divisiona] conference as the 

machinery for such conference may be established by agreemen1

t of the 

parties thereto; and it shall be the duty of employers and employees 

to exert every reasonable effort to establish such a machinery of 

adjustment and to utilize it to negotiate to a conclusion such controversies wherever possible. 

(b) Any such controversy which cannot be settled in the manner 

so provided and which threatens to interrupt, or has interrupted, or is 

impairing the efficient operation of any mine or mines to such an 

extent as to restrain interstate commerce in the products thereof, 

shall be referred to the appropriate Bituminous Coal Lubor Board, 

established us hereinafter provided, and the decision of said Board 

shall be accepted by the purties to the controversy as effective for a 

provisional period of not longer than six months, to be fixed by the 

Board. 

(c) During the consideration of any such controversy either by the 

agreed machinery of adjustment, or by the Bituminous Coal Labor 

Board, neither party to the controversy shall change the conditions 

out of which the controversy arose, or utilize any coercive or retailatory meusures to compel the other party to accede to its demands. 

(d) If any such controversy shall involve or depend upon the determination of who are the representatives of the employees chosen as 

provided in Section 7 (a) of the National Industrial Recovery Act, the 

appropriate Bituminous Coal Labor Board, through any agent or 

agency it may select, shall have the power to determine the questions 

by an investigation and, if necessary, by a secret ballot taken under 

its direction. 

(e) A Bituminous Coal Labor Board shall be appointed by the 

President for each Division, except there shall be two Boards for 

Division No. I, to exercise the powers herein conferred upon it, which 

shall consist of three members, one to be selected from nominations 

submitted by organizations of employees within such Division, one 

to be selected from nominations by the Divisional Code Authority 

and one who shall be wholly impartial and disinterested representative 

of the President. The expenses of such board shall be met by equal 

contributions from the employers and employees nominating members, 

the amount and method of collecting which shall be determined by 

regulations prescribed by the President. 

(f) There shall be a National Bituminous Coal Labor Board composed of the members of the six divisional labor boards which may be 

convened upon call of the Administrator in the event that1. A controversy involves employers and employees of more than 

one division, or 

2. The decision of a divisional lubor board affects operating conditions of more than one division either directly or because of its 

effect upon competitive marketing, or 

3. In the opinion of the Administrator the decision of a divis"onal 

labor board involves the application of a policy affecting the general 

public, or the welfare of the industry as a whole. 

The National Bituminous Coal Labor Board may exercise all the 

po'.vers conferred upon a divisional labor board, either in giving 

original consideration to a controversy, or in reviewing the decision 

of a divisional labor board, which may be either affirmed, set aside 

and/or modified. 
9 

ARTICLE VII-SAFETY 

Employers and employees shall coop<'rate in muintnining safe 

conditions of operation in compliance with :he applicable requirements 

of State laws or regulations in conformity therevi'ith. 

ARTICLE IX-AMEND 1:ENTS 

Any Code Authority rn.ay propose amendm0nts to this Code from 

time to time effective generally or as to the area. within its juris- diction which, after submi sion to any other Code Authority affected 

thereby (which shall include the divisional Code Authority in case of 

an amendment proposed by a subdivisional Code Authority), may 

be recommended by the Administrator for the approval of the 

President. 

ARTICLE X 

This Code and all the prmrisions thereof are expressly n1ade subject 

to the right of the President, in accordance with the provi;ion of 

subsection (b) of S ction 10 of the National Industrial Recovery 

Act, from time to Lime to cancel or modify any order, approYal, 

license, rule, or regulation issued under Title I of said Act and specifically, but without limitations, to the right of the President to cancel 

or modify his approval of this Code or any conditions in1posed by 

him upon his approval thereof. 

ARTICLE XI-EFFECTIVE DATE AND TERMINATION 

This Code shall become effective on the second Monday following 

its approval by the President, and shall continue in effect until April 

1, 1934, and thereafter in the absence of the exercise of the power 

reserved to the President in Article X, subject to the exercise of the 

option, after 30 days' notice to the Adn1inistrator, by any coal producer 

to withdraw his consent after April 1, 1934, to the further enforcement 

of the Code as a Code to which he ha,s voluntarily given his consent. 
SCHEDULE A 

BASIC MINIMUM RATES 

Minimum Inside Minimum outside 

skilled labor common labor 

District 

Dollars Cents Dollars Cents 

per day per hour per day per hour 

DISTRICT A Pennsylvania _________________________________________________ _ Ohio __________________________________________________________ _ 

Lower Peninsula of Michigan _____ ----------------------------- Panhandle District of West Virginia! _________________________ _ 

DISTRICT B Northern West Virginia, _____ ________________________________ _ 

DISTRICT C 

Southern West Virginia! ______________________________________ _ Eastern Kentucky 1 _ __________________________________________ _ 

Upper Potomac District of West Virginia a ____________________ _ 

Northern ~~~f~f~d===================================" ================= Tennessee 4 _________________________________________ _ 

DISTRICT D Indiana _______________________________________________________ _ 

DISTRICT E Illinois ______________________ __________ ________________________ _ 

DISTRICT II' 

Iowa'---------------------------------------------------------- Wayne and Appanoose Counties of Iowa ______________________ _ 

DISTRICT 0 

Missouri, Kansas, Arkansas, and Oklahoma ___________________ _ 

DISTRICT H 

Wes tern Kentucky 8 __ ---------------------------------------- _ 

DISTRICT 1 Alabama ______________________________________________________ _ Georgia _______________________________________________________ _ 

Hamilton and Rhea Counties of Tennessee ____________________ _ 

DISTRICT G-1 

Marion, Grundy, Sequatchie, White, Van Buren, ·warren, and 

Bledsoe Counties of Tennessee_------------------------------

New MeYico DISTRICT K ______________ ____________________________________ _ 

Southern Colorado 9 __ _________________________________________ _ 

DISTRICT L Northern Colorado 10 _________________ ______________________ ___ _ 

4.60 

4. 60 

4. 60 

4. 60 

4.36 

4.20 

4.20 

4.20 

4.20 

4.20 

4.20 

4.571⁄2 

5.00 

4. 70 

4.56 

3.75 

4.00 

3. 40 

3.40 

3.40 

3.84 

4.48 

4.44 

5.00 

571⁄2 

571⁄2 

571⁄4 

571⁄2 

541⁄2 

521⁄2 

521⁄2 

521⁄2 

52~2 52 2 

521⁄2 

57H 

62H 

583⁄4 

57 

463⁄4 

50 

421⁄2 

421⁄2 

421⁄2 

48 

62H 

3.60 

3.60 

3.60 

3.60 

3.36 

3.20 

3.20 

3.20 

3.20 

3.20 

3.20 

4.20 

4.00 

4.00 

3.86 

3.28 

3.00 

2. 40 

2. 40 

2. 40 

2.84 

3. 75 

3. 75 

3. 75 

45 

45 

46 

45 

42 

40 

40 

40 

40 

40 

40 

521⁄2 

50 

50 

4SU 

41 

371⁄2 

30 

30 

30 

351⁄2 

463⁄4 

1 Includes Hancock, Brooke, Ohio, and Marshall Counties. 1 Includes Monongalia, Preston, 1\1arion, Harrison, Taylor, Lewis, Barbour, Gilmer, Upshur, Randolph, Braxton, and Webster Countie3 and those mines in Nicholas County served by tbe B. &: 0 . R.R. a Includes all mines in counties of West Virginia not named under districts A and B and under the 

Upper Potomac District. 

'Includes all mines in Kentucky located east of a north and south line drawn along the Western boundary of the City of Louisville. 1 Includes Grant, Mineral, and Tucker Counties. 6 Includes all counties in Tennessee not named Districts J and J-1. 

1 Excludes Wayne and Appanoose Counties. 8 Includes all mines in Kentucky west of a north and south line drawn along the western boundary of 

the City of Louisville. 9 Includes all counties in Colorado not named under District L. 10 Includes Jackson, Larimer, Weld, Boulder, Adams, Arapahoe, El Paso, Douglas, Elbert, and Jeffer son Counties. 

N0TE.-Differences between districts in the foregoing minimum rates are not to be considered as fixing 

permanent wage differentials or establishing precedents for future wage scales. 

(10) 
11 

BASIC MINIMUM RATEs-Contin 1ed 

Minimum inside Minimum outside 

skilled labor co=on labor 

District 

Dollars Cents Dollars Cents 

per day per hour per day per hour 

DISTRICT M Utah _______ __________ __________ ___ __________ ___________________ 5. 44 68 4.48 56 

DISTRICT N Southern Wyoming __ ____ _______________ ____ ___________________ 5. 42 673⁄4 4.44 551⁄2 Northern Wyoming _________________________ ___________________ 5.42 673⁄4 4.54 563⁄4 

Montana DISTRICT 0 _______________________________________________________ 5.63 703⁄4 4.82 60)4 

Washington DISTRICT P ___________________ ____ _____________________________ 5.40 671⁄2 4.00 50 

DISTRICT Q North Dakota _______ ____________________ _______________________ 4.00 50 3. 20 40 South Dakota __________________________________________________ 4.00 50 3.20 40 

0 


UNIVERSITY OF FLORIDA 

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