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3 1262 08482 9117 tendment No. 2 

IV 

Registry No. 1026-01 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

LIME INDUSTRY 

AS APPROVED ON APRIL 1, 1935 

WI DO OUR PARt 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1935 

For sale by the Superintendent of Documents, Washington, D. C. • • • • - - - - Price 5 cen'-
This publication i for sale by the Superintendent of Document , Government 

Printing Office, Washington, D. C., and by the following N. R. A. offices: 

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

Baltimore, Md. : 130 Customhouse. 

Birmingham, Ala.: 201 Liberty National Life Building. 

Boston, Mass.: Room 1200, 80 Federal Street. 

Buffalo, N. Y. : 219 White Building. 

Chicago, Ill.: Room 204, 400 North Michigan Avenue. 

Cleveland, Ohio.: 520 Bulkley Building. 

Dallas, Tex.: 1212 Republic Bank Building. 

Detroit, Mich.: 415 New F ederal Building. 

Houston, Tex. : 403 Milam Building. 

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

Building. 

Los Angeles, Calif.: 751 Figueroa Street, South. 

Louisville, Ky.: 4.08 Federal Building. 

Minneapolis, Minn.: 900 Roanoke Building. 

Nashville, Tenn.: 415 Cotton States Building. 

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

New Orleans, La.: 214 Customhouse. 

New York, N. Y.: 45 Broadway. 

Oklahoma City, Okla.: 427 Commerce Exchange Building. 

Philadelphia, Pa. : 933 Commercial Trust Building. 

Pittsburgh, Pa.: 401 Law and Finance Building. 

Portland, Oreg. : 407 Park Building. 

Providence, R. I. : National Exchange Bank Building, 17 Exchange 

Street. 

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

San Francisco, Calif. : Humbolt Bank Building, 785 Market Street. 

Seattle, Wash.: 1730 Exchange Building. 

... 
Approved Code No. 31-Amendment No. 2 

AMENDMENT TO CODE OF FAIR COl'IIPETITION 

FOR THE 

LIME INDUSTRY 

As Approved on April 1, 1935 

ORDER 

AMENDED ConE OF FAIR CoMPETITION FOR THE LIME 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 the approval of an 

amended Code of Fair Competition for the Lime Industry, and hearings having been held thereon and the annexed report on the said 

amended Code, containing findings with respect thereto, having been 

made and directed to the President: 

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

States, the National Industrial Recovery Board, pursuant to the 

authority vested in it by Ex~cutive Orders of the President, including 

Executive Order No. 6659, and otherwise, does hereby incorporate 

Raid annexed report and does find that said Code as constituted after 

being amended complies with the pertinent pro:visions and will promote the policy and purposes of said Title of said Act, and does 

hereby order that the Code as amended be and it is hereby approved: 

(1) PROVIDED, HOWEVER, that the operation of the provisions of Subsections (f) and (g) of Section 3 of Article VIII o:f 

said amended Code be and it is hereby stayed as to all parties subject thereto pending the further order of the National Industrial 

Recovery Board to afford the Industry in conjunction with the N ationa! Recovery Administration an opportunity to make a further 

study of said provisions, said study to be completed within a period 

of ninety (90) days from the effective date of this amended Code; 

and 

(2) PROVIDED FURTHER, that the operation of the provisions of Sections 6 and 9 of Article VIII, and subparagraphs 

thereunder, of said amended Code be and it is hereby stayed as to 

all parties subject thereto pending the further order of theN at]onal 

Industrial Recovery Board to afford the Industry an opportunity to 

make a further study of said provisions, said study to be completed 

within a period of ninety (90) days from the effective date of this 

amended Code; and 

125754°----1749-12----35 (1) 
2 

(3) PROVIDED FURTHER, that the operation of the proviswns of Sections 14 and 15 of Article IX of said amended Code 

be and it is hereby stayed as to all parties subject thereto, pending 

determination of policy by the Board with respect to the subjects 

thereof; and 

(4) PROVIDED FURTHER, that the Research and Planning 

Division of the National Recovery Administration and the Trade 

Relations Committee of the National Lime Association shall make a 

:further study and report fully to the National Industrial Recovery 

Board on or before June 15, 1935, as to the effect, if any, of said 

multiple basing point provisions, since the effective date of the Code 

on pnces to consumers, and any effects of the system in either permitting or encouraging price fixing, or providing unfair competitive 

advantages for producers, or disadvantages :for consumers; and 

( 5) PROVIDED FURTHER, the National Industrial Recovery 

Board reserves the right to stay or modify said multiple basing point 

provisions, at any time, upon such notice and hearing as the Board 

may, in its discretion, deem necessary. 

NATIONAL INDUSTRIAL REcovERY BoARD, 

By "\V. A. HARRIMAN, Administrative Officer. 

Approval recommended: 

w. P. ELLIS, 

Division Administrator 

WASHINGTON, D. c., 

April 1, 19:16. 
v 

Approved Code No. 31-Amendment No. 2 Registry No. 1026-01 

ERRATA SHEET 

CODE OF FAIR COMPETITION 

FOR THE 

LIME INDUSTRY 

As Approved on April 1, 1935 

Page one, paragraph 2, of order approving Code, 4th line, "Executive Order No. 6659" hould be' Executive Order No. 6 59. 

Paragraph 4, of order approving Code, 2nd line ' Sections 6 

an l 9" should be ections 8 and 9.' 

Page 7, Article I I , Section 9, 3rd line, "Article VII" should be 

'·Article VIII. ' 

Page 18, rticle VIII, Section 3a 2nd line, the clau e "notify 

said manufacturer of uch receipt ' hould read ' notify said manufacturer of the time of such receipt." 

129375°----1740-42----35 U . S. GOVERNMENT PRIN'rl~ t: --~•CE : :S. ll 
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http://www.archive.org/details/amendmenttocodeo9117unit 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

SIR: The original Code of Fair Competition for the Lin1e Indus- try was approve i October 3, 1933. Upon the protest of several 

groups of manufacturers in the Industry demands were made for a 

revision in part or in whole of the original Code. To that end a 

public hearing was held on May 24, 1934. EYery person who requested an appearance was properly heard in accordance with statutory and regulatory requirements. The Code was revised during the 

l'ecess of this hearing and was submitted in its final form for approval by a duly authorized comn1ittee of the Code Authority, acting 

upon a resolution adopted at a meeting of the Industry held :May 

23, 1934, in vVashington, D. C. 

The Lime Industry includes the mining or quarrying of limestone 

and the manufacture of lime by the burning of such limestone or 

other calcareous materials and the processing of Industry Products 

and the original sale of such Industry Products by a Membor of 

Industry. In general it may be said that 50 per cent of the lime 

product in the United States is used in the Chemical Industry, about 

40 percent for building purposes, and 10 percent for agricultural 

purposes. Lime for chemical purposes is used in metallurgy, as 

refractory lime, and in paper mills, glass works, tanneries, sugar 

refineries and other uses in the order named, as also in the manufacture of calcium carbide. Lime is utilized in many ways in the 

building industry-in masonry mortar, plaster, etc. In agriculture, 

lime serves to correct soil acidity, and is being increasingly used 

for that purpose. 

The Lime Industry in general may be said to be a small Industry. 

The statistic furnished by the National Lime Association indicate 

that there are approximately 390 members in the United States. 112 

of whom are spasmodic producers an l who produce less than 500 

ton of lime per year. There are approximately 60 sizeable plants 

located in the south and 177 sizeable plants located in the north. 

The total estimated tonnage produced in 1933 was 2,100,000 tons 

having an e timated value of $13,165,000.00. In order to produce 

thi tonnage approximately 6,500 employees were required. 

The Lime Industry for many years has been on a decline· this 

decline having been effective even as much as three years prior to 

1929. Possibly one of the outstanding reasons for this decline is 

that the Indu try mu t naturally take its cyclic position in the cycles 

to which the building industry is subject. In addition to this, lime 

has been subject to the competition of ~psum and cement and the 

use of such products as have dispensed w1th the need for plaster. 

The Lime Industry is spread pretty well over the entire United 

States, with some 177 sizeable plants in the north and 60 in the 

(3) 
4 

south. The largest number of plants are to be found, in the order of 

their rank, in Pennsylvania, Virginia, Ohio, Wisconsin, Missouri, 

Tennessee and Texas. The largest producers of lime for building 

purposes are to be found in Ohio, Pennsylvania, Massachusetts and 

Missouri. P ennsylvania, Ohio, J\'li souri and West Virginia comprise 

the principal producers of chemical lime. Most of the agricultural 

lime comes from P ennsylvania, Ohio, Maryland and Virginia. 

The Lime Industry at the present time is operating at about 30 

per cent capacity. It is hoped that with the return of business normalcy the Lime Industry may again take its rightful position in 

Industry, and it is hoped that it may reach the peak of 1925 production when 4,580,823 tons, having a value of $42,609,141.00 were produced and employing over 12,000 employees. 

The hours proposed in this Code represent a material reduction 

over pre-code operations. The wage rates proposed for this Code 

represent a substantial increase over pre-code rates, in fact the proposed wage rates based upon present conditions of operation represent an annual increased payroll of approximately $1,500,000.00. 

The Deputy Administrator in his final report to us on said amendment to said Code having found as herein set forth and on the basis 

of all the proceedings in this matter: 

vV e find that : 

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

well designed to promote the policies and purposes of Title I of the 

National Industnal Recovery Act including the removal of obstructions to the free flow of interstate and formgn commerce which tend 

to diminish the amount thereof, and will provide for the general welfare by promoting the or~anization of Industry for the purpose 

of cooperative action of labor and management under adequate 

governmental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of 

the :present froductive capacity of industries, by avoiding undue 

restriction o production (except as may be temporarily required), 

by increasing the consumption of industria! and agricultural products through increasing purchasing power, by reducin& and relieving 

unemployment, by improving standards of labor, and by otherwise 

rehabilitating Industry. 

(b) The Code as amended 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. 

(c) The National Lime Association was and is an industrial assoiati~n ~ruly representat.ive of the ~fores.aid Indust~y. and that sa.id 

associatiOn rmposed and Imposes no Inequitable restnctwns on admis- sion to membership therein and consents to this statement. 

The Dolomitic Refractories Institute is an industrial association 

truly representative of that pc!'tion of the aforesaid Industry affected 

by the said amendment, and that said association im:poses no inequitable restrictions on admission to membership therein and consents 

to this amendment. 

(d) The amendment and the Code as amended are not designed 

to and will not permit monopolies or monopolistic practices. 
5 

(e) The amendment and the Code as amended are not c;le igned to 

and will not eliminate or oppress mall enterprise and will not 

operate to di criminate again t them. f) Tho e engaged in other steps of the economic process have not 

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

amendment. I analyze said amendment and find as set forth in the enclo ed 

draft of a letter to be transmitted by you to the President, said 

anal i and findings being incorporated herein by reference. Said 

amendment i accordingly recommended for your appro al. 

For the National Industrial Recovery Board: 

APRIL 1 1935. 

w. A. HARRIMAN 

Admini.strative Officer. 
AMENDED CODE OF FAIR COMPETITION FOR THE LIME 

INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, this Code is established as a Code of Fair Competition 

for the Lime Industry, and its provisions shall be the standards of 

fair competition for such Industry and be binding upon every 

member thereof. 

ARTICLE II-DEFINITIONS 

SEcTION 1. Wherever used in this Code or any supplement appertaining thereto, the terms enumerated in this Article II shall have 

the meanings herein defined, unless the context shall otherwise clearly 

indicate. 

SEcTION 2. The terms" President", "Act"," Board" and" Code" 

shall mean respectively the President of the United States, Title I 

of the National Industrial Recovery Act, the National Industrial 

Recovery Board as created by Executive Order #6859 of September 

27, 1934, and the Code of Fair Competition for the Lime Industry as 

approved on October 3, 1933. 

SECTION 3. The term" Lime Industry" or" Industry" includes the 

1nining or quarrying of limestone (calcareous or dolomitic) for use 

jn the manufacture of industry products andjor the manufacture of 

lime by the burning of such limestone andj or other calcareous materials andj or the processing of Industry Products and the ori~inal 

sale of Industry Products by a l\1ember of the Industry, directly or 

indirectly, either by himself or his agent, and includes without ljmitation any person or corporation occupying a subsidiary or controlling relationship or one of common, mutual or joint ownership or 

control to a Member of the Industry. 

SECTION 4. The term "Industry Products" includes: 

(a) Lin1.e-a product manufactured by the burning of limestone 

(calcareous or dol01nitic) and/ or other calcareous materials composed of the oxide or hydroxide of calcium and/ or calcium and 

magnesium as the principal constituent and sold for industrial, construction or agricultural uses. 

(b) Slaked lime. 

(c) Masonry cement of which the prjncipal constituent is the 

oxide or hydroxide of calcium and/ or calcium and magnesium, and 

which is manufactured at a lime 'plant. 

(d) Such other products, natural or processed, of which the principal constituent is the oxide or hydroxide of calcium andj or calcium and magnesium. 

(e) The calcareous or dolomitic by-products of other industrie.s, 

not including agricultural lime tone, sold or offered .for sale in com-

(6) 
7 

petition with Industry Products of this Industry. Industry products 

shall also include burned limestone (calcareous or dolomitic) used for 

refractory and/ or fluxing purpo es irre pective of the extent of 

burnino- or other refinements after burning. 

(f) ~or the purpo es of this Code, Members of the Industry manufacturing and/ or selling as an original ale dolomitic lime for refractory purpo es irre pective of the extent of burning or other refinen1ents, hall be governed by the pro' i ions outlined in Schedule 

"B attached hereto and made a part of this Code. 

SECTION 5. The terrn "~1ember of the Indu try " includes, but 

without limitation, any individual, partnership, association, corporation or other .forn1 of enterpri,se engaged in the Indu try either 

as an employer or on his or its own behalf. 

SECTION 6. The term "employer ., means and includes anyone by 

whom any such employee is emplo~ ed or compen ated. 

SECTION 7. The term "employee" means and includes any inclividual engaged in the Industry in any capacity receiYing compensation 

for his services, irre pective of the nature or method of payment of 

such compensation, except a ~fember of the Indu try. 

SECTION 8. The term " di trict " unless the context otherwise 

clearly indicates, shall mean a Lime Indu try ~Ianufacturing District establishe l in Schedule "A" of this Code attached hereto and 

made a part hereof. 

SECTION 9. The term "low rate area ' hall mean that area urrounding a rail basing point established by the District Control Committee as provided for in Article VII, Section 2, Subsection (b), 

which shall include all destination to which such basing point has a 

minimum carload rail .freight rate for Industry Product,s manufactured in such low rate area, lower than or equal to the minimum car- load rail freight rate from anoth£>r rail basing point on like Indu try 

Products of similar grade and quality. 

SECTION 10. The term " dealer" includes, but without limitation, 

any individual~ partnership, association, corporation or other form 

of enterprise, e1ther as an employer or on his or its own behalf, regularly engaged in the busines , in whole or in part, of purcha ing 

Industry Products at wholesale for resale and/ or distribution a. a 

retailer. For the purposes of this Code, the term "dealer" includes, 

but without limitation, "Building Supply Dealers" and "Agricul- tural Dealers", who are described as follows: 

(a) A "Building Supply Dealer" is defined as any individual, 

partner hip, as ociation, corporation, or other form of enterprise engaged either as an employer or on his or its own behalf engaged in 

the Builders Supply Trade buying at wholesale for resale at retail. 

(b) An "Agricultural Dealer " is defined as a dealer in agricultural supplie , who purchases agricultural lime in whole ale quantitie for resale at retail, and who regularly solicits the business of and 

renders a dealer service to agricultural consumers in his locality. 

SECTION 11. A "jobber" is any individual, partnership, as ·ociation, corporation or other form of enterpri e who buys Industry 

Products and resells at wholesale for his own account. 

SECTION 12. An "agent ' is any individual, partnership association, corporation or other form of enterprise regularly engaged in 

selling Industry Products on a commission basis for a :Member or 

125154 °----1749-12----35----2 
8 

Members of Industry to retailers and/or consumers with whom he 

is not connected or related in business. For the purposes of this 

Code, the term " agent" shall mean jobbers, distributors or brokers, 

but provided further, that "jobber" as herein referred to is in contradi tinction to the term "jobber" as used in Section 11. 

ARTICLE III-Houns OF LABOR 

MAXIMUM HOURS 

SECTION 1. No employee, except as herein otherwise provided, 

shall be permitted to work in excess of forty ( 40) hours in any one 

(1) week or eight (8) hours in any twenty-four (24) hour period; 

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

EXCEPTIONS AS TO HOURS 

SECTION 2. The maximum number of hours established in the foregoin<Y Section 1 of this Article III shall not apply to: 

(a) Watchmen, who shall be permitted to work not more than 

fifty-six (56) hours in any one (1) week. 

(b) Persons engaged during any period in which a concentrat€d 

demand shall place an unusual or temporary burden upon production facilities, or to meet seasonal or peak requirements or production 

emergencies; provided, however, that any employee so employed 

shall be paid not less than one and one-half (1lj2 ) times the regular 

w~ge rate for all hours worked in excess of forty ( 40) hours in any 

one (1) week, or eight (8) hours in any twenty-four (24) hour 

period, and provided further, that in no event shall the total workIng hours of any such employee so employed averaged over a three 

(3) month period exceed forty ( 40) hours per week. 

SECTION 3. The maximum provisions established in the foregoing 

Section 1 of this Article III shall not apply to: 

(a) Employees engaged in emergency maintenance or emergency 

repair work involving breakdown or protection of life or property; 

provided, however, that not les,s than one and one-half (11/2) times 

the regular wage rate for any employee so employed shall be paid for 

all hours worked in excess of forty ( 40) hours in any one (1) week, 

or ei~ht (8) hours in any twenty-four (24) hour perwd. 

(b) Persons in a mana¥erial, executive, supervisory or technical 

capacity and their immediate assistants ~excluding skilled production workers) ; provided, that this exception shall apply to no such 

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

($35.00) per week. This exception, however, shall not be so construed as to include foremen regularly engaged in manual labor. 

(c) Outside sales and sales ~ervice employees. 

EMPLOYMENT BY SEVERAL EMPLOYERS 

SECTION 4. No employer shall knowingly permit any employee to 

work for any time which when added to the time spent at work for 

another employer or employers in this Industry or any other Industry, or in any Trade, exceeds the maximum permitted herein. 
9 

ARTICLE IV-'V AGES 

MINIMUM WAGES 

SECTION 1. N 0 employee, except as herein otherwise vrovided, shall 

be paid in any pay period less than at the rate of thirty (30) cents 

per hour in all territory south of the northern boundary of Virginia, 

Tennessee, Oklahoma, New :Mexico, Arizona, Arkansas and that section of southwestern Missouri included within the boundaries of 

Jasper, Lawrence, Greene, Newton and ~fcDonald Counties, known 

as the manufacturing section, and in all other territory no employee 

shall be paid less than at the rate of thirty-seven and one-half 

(371j2 ) cents per hour, except in Rockcastle County, K entucky, where 

the thirty (30) cent minimum rate shall apply. Thi minimum wage 

shall apply only to common or totally unskilled labor. Other classes 

of labor shall be compen ated at rates above such minimum. 

PIECEWORK C l\IPENSATION-MINI I l\I "AGES 

SECTION 2. This Article IV establi hes a minimum rate of pay 

for any pay period which shall apply, irrespective of whether an 

employee is actually compensated on a time rate, piecework, or other 

basi . 

CLERICAL AND OFFICE EMPLOYEES 

SECTION 3. No clerical or office employee or watchman, shall be 

paid in any period less than at the rat~ of Fifteen Dollars ($15.00) 

per week in any city of oYer 500,000 population, or in the immediate 

trade area of such city; or le s than at the rate of Fourteen Dollars 

and Fifty Cents ($14.50) per week in any city of between 250,000 

and 500,000 population, or in the imn1ediate trade area of such city; 

or less than at the rate of Fourteen Dollars ($14.00) per week in any 

city of between 2,500 and 250,000 population, or in the immediate 

trade area of such city; or less than at the rate of Twelve Dollars 

($12.00) per week in any city of les than 2,500 population. Population for the purposes of this paragraph shall be determined by 

reference to the 1930 Federal Censu . 

WAGES ABOVE THE l\IIINIMUM 

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

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

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

such adjustments since the enactment of the National Industrial 

Recovery Act. Such adjustments shall mean the maintenance of a 

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

wage rates for such employment and the then existing minima subsequent to the date of the last adju tment made prior to the Coue 

approved October 3, 1933. In no eYent, however, shall hourly rates 

of wages be reduced in making such adjustments. Within sixty (60) 

days after the effective date of this Code each Member of the Industry shall make a report of such adjustment whether made prior 

to or subsequent to the date of approval of this Code to the Code 

Authority. 
10 

HANDICAPPED PERSONS 

SEcm:ON 5. A person whose earning capacity is limited because 

of age or 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 designated by the United States Department of Labor a certificate authorizin~ his employment at such wages and for such hours as shall 

be stated in the certificate. Each employer shall file monthly with 

the Code Authority a list of all such persons employed by him, 

showing the wages paid to, and the maximum hours of work for 

such employees. 

PAYMENT OF WAGES 

SECTION 6. Each employer shall make payment of all wages in 

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

These wages shall be exempt from any deductions other than those 

voluntarily authorized to be deducted by an employee or required 

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

every semimonth, and salaries at no greater interval than every 

month. No employer shall withhold wages except as otherwise 

provided hereinabove. Unused merchandise tokens or store orders 

Issued to employees and held by them at the end of a pay period 

shall be redeemed in cash or by negotiable check. 

ARTICLE V-GENERAL LAJBOR PROVISIONS 

CHILD LABOR 

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

employed in the Industry, except in clerical, office, sales, service, 

technical and engineering department office duties, and no person 

under sixteen (16) years of age sha.ll be employed in any capacity. 

In any state an employer shall be deemed to have complied with 

this provision as to age if he shall have on file a certificate duly 

signed by the authority of such state empowered to issue employment or age certificates or permits showing that the employee is of 

the required age. 

PROVISIONS OF THE ACT 

SECTION 2. Employees shall have the right to organize and bargain 

collectively throu~h representatives of their own choosing, and shall 

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

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

in self-or~anization or in other concerted activities for the purpose 

of collective bargaining or other mutual aid or protection. 

(a) 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 assi ting a labor organization of 

his own choo ing. 

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

minimum rates of pay, and other conditions of employment approved 

or prescribed by the President. 
11 

RECLASSIFICATION OF EMPLOYEES 

SECTION 3. No employer shall reclas ify employees or duties of 

occupations performed or engage in any other subterfuge so as to 

defeat the purpose or provisiOns of the Act or of this Code. 

STATE LAWS 

SECTION 4. No pro vi ion in this Code shall supersede any State or 

Federal law which imposes on employers more tringent requirements a to age of employee wages, hour of work, or as to safety, 

health, sanitary or general working conditions, or in. urance, or fire 

protection, than are 1mpo ed by this Code. Standards for safety and 

health shall be ubmitted by the Code Authority to the Board for 

approval within three (3) months after the effective date of this 

Code, and when approved _by the Boar l shall have the same effect 

as other provisions of thi Code. 

POSTING 

SEcTioN 5. All employers shall post and keep posted copies of 

this Code in conspicuous places accessible to all employees. Every ~fember of the Industry shall comply with all rules and regulations 

relative to the posting of provisions of Codes of Fair Competition 

which may from time to time be prescribed by the Board. 

DISMISSAL FOR 001\IPLAINT 

SEcTION 6. No employer shall dismiss or demote any employee 

for making a complaint or giving evidence with respect to an alleged 

violation of the provisions of any Code of Fair Competition. 

COl\iP ANY TOWNS AND STORES 

SECTION 7. Employees other than maintenance or supervisory 

men, or those necessary to protect property, shall not be required 

as a condition of employment to live in houses rented from or specified by the employer. No employee shall be required, as a condition 

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

ARTICLE VI-ORGANIZATION, PowERs AND DuTIE OF THE ConE 

AuTHORITY 

ORGANIZATION AND CONSTITUTION 

SECTIO~ 1. A :National Code Authority is hereby constituted to 

administer the provision of this Code, and shall consist of not 

more than twenty {20) voting members. Sixteen (16) of such 

voting members (one from each district designated in Schedule A 

of this Code) shall be appointed from and by the Trade Relations 

Committee of the National Lime Association; provided, that each 

of such members is a lHember of the Industry and a member of the 

National Lime Association and is truly representative of the distri t which he purports to represent. Four (4) of such voting 

members shall be elected by Members of the Industry who are not 
12 

members of the National Lime Association· provided, that the 

members elected are truly representative of the non-association 

l\1embers of the Industry throughout the United States. Said ap· 

pointments and said elections shall be subject to the approval of the 

National Industrial Recovery· Board. 

(a ) An executive committee to ,consist of five (5) members in· 

eluding at least one (1) representative of non-association members.] 

selected from and by the Code Authority, shall be constituted and 

act in the capacity of supervisory agent or the general advisers to 

the Code Authority; provided, that the executive committee shall 

have no powers except as may be legally and by proper resolution 

delegated to it by the Code Authority, subject to the approval 

of the National Industrial Recovery Board. 

(b) Elections shall be promptly held and appointments promptly 

m-ade. Upon approval of elections and appOintments by the Na· 

tional Industrial Recovery Board, the term of office of voting 

members shall commence and continue for the period of one (1) 

year, or less, as may be determined by operation of law. Notice 

of vacancy of office of any of the voting members elected or appointed and approved as aforesaid shall be promptly communicated 

to the appropriate electorate with instructions promptly to meet 

and elect a successor to serve for the balance of the term of office, 

or such other term of office as circumstances may require, subject to 

the approval of the National Industrial Recovery Board. Upon 

failure by Members of the Industry promptly to elect or appoint 

members or their successors1 as aforesaid, the National Industrial 

Recovery Board may appmnt such voting members as it, in its 

discretion, may deem necessarJ and best designed to effectuate the 

purposes of the provisions o this Code and the policy of Title 

I of the National Industrial Recovery Act. 

SECTION 2. In addition to the above membership the National 

Industrial Recovery Board may appoint three (3) members without 

vote and without compensation from Industry, otherwise to act as 

members of the Code Authority for such terms as said Board may 

specify. 

SECTION 3. Each trade or industrial association directly or indirectly participating in the selection or activities of the Code Authority shall, (1) impose no inequitable restrictions on membership, and 

(2) submit to the National Industrial Recovery Board true copies 

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

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

Industrial Recovery Board may doom necessary to effectuate the 

purposes of the Act. 

SECTION 4. In order that the' Code Authority shall at all times 

be truly representative of the Industry and in other respects comply 

with the provisions of the Act, the National Industrial Recovery 

Board may prescribe such hearings as it ma1 deem proper; and 

thereafter, if it shall find that the Code Authonty is not truly representative ·or does not in other res12ects comply with the proviswn~ 

of the Act, may require an appropriate modification in the method of 

selection of the Code Authorrty. 
13 

SECTION 5. Nothing contained in this Code shall constitute the 

members of the Code Authority partners for any purpose. Nor 

shall any member of the Code Authority be liable in any manner 

to anyone for any act of any other member, officer, agent or employee 

of the Code Authority. Nor shall any member of the Code Authority, exercising reasonable diligence in the conduct of his duties 

hereunder, be liable to anyone for any action or omission to act under 

this Code, except for his own wilful malfeasance or nonfeasance. 

POWERS A -D DUTIES 

SECTION 6. Subject to such rules and regulations as may be issued 

by the National Industrial Recovery Board and to the extent permited by the Act, the Code Authority shall have the following - further powers and duties. 

(a) To make investi~ations as to the functioning and ob. ervance 

of any provisions of this Code at its own instance or upon complaint 

of any person affected, and to report thereon to the Board. 

(b) To insure the execution of the provisions of this Code and - provide for the compliance of the Industry with the provisions of the 

Act. . 

(c) To adopt by-laws a.nd rules and regulations for its procedure 

and for the administration of this Code. The Code Authority shall 

promptly furnish to the Board true copies of the by-laws, rules and 

regulations adopted pursuant to this paragraph. 

(d) To obtain from Members of the Industry, through a confidential agency, such statistical information and reports as are 

required for the administration of this Code and to provide for ubmission by ::Members of the Industry of such statistical information 

and reports as the Board may deem necessary for the purposes 

recited in Section 3 (a) of the Act, which information and reports 

Ehall be submitted by ~!embers of the Industry to such governmental 

agencies as the Board may designate; provided, that nothing in this 

Code shall relieve any Member of the Industry of any existing obligations to furnish reports to any government agency. No individual 

reports submitted to the Board and/or such governmental agencies 

- as the Board may designate, shall be disclosed to any other Member 

- of the Industry or any other party except to such governmental 

agencies as may be directed by the Board. 

(e) To use such trade associations and other agencies as it deems 

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

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

trade associations and agencies shall at all times be subject to and 

comply with the provisions hereof. 

(f) To make recommendations to the Board for the coordination 

of the administration of this Code and such other Codes, if any, 

as may be related to or affect ~{embers of the Industry. On the 

- receipt of such recommendations the Board may establish a Coordi0 nation Committee and empower the Code Authority to appoint a 

member or members thereof so that the Industry may have equal -representation on said Committee with any industry operating under 

such Code or Codes, and the Board may further designate an impar-
14 

tial chairman. Such a Coordination Committee shall then be empowered to make investigations pertinent to the subject matter of 

the recommendation and thereafter submit its findings and conclusions to the Board. A determination of such Coordination Committee, with the supporting facts, shall be forwarded immediately 

to the Board and shall become effective upon approval thereby. In 

the event such Coordination Corrunittee fails to act or agree the 

matter shall be submitted to the Board for final determination. 

(g) To recommend to the Board the creation of additional divisions of the Industry, further trade practice provisions to govern 

Members of the Industry in their relations with each other or with 

other Industries, and measures for industrial planning, and to call 

meetings of any division of the Industry to consider plans for stabilization of employment and production, and conservation of natural 

resources; and to make recommendations thereon to the Board, such 

recommendations upon approval by the Board, after such notice and 

hearing as it may prescribe, to have the same effect as other provisions of this Code. 

SECTION 7. It being found necessary in order to support the adnunistration of this Code and to maintain the standards of fair competition established hereunder and to effectuate the policy of the 

Act, the Code Authority is authorized: 

(a) To incur such reasonable obligations as are necessary and 

proper for the foregoing purposes, and to meet such obligations out 

of funds which may be raised as hereinafter provided and which 

shall be held in trust for the purposes of this Code. 

(b) To submit to the Board for its approval, subject to such notice 

and opportunity to be heard as it may deem necessary, (1) an itemized budget of its estimated expenses for the foregoing purposes, 

and (2) an equitable basis ur.on which the funds necessary to support 

such budget shall be contnbuted by Members of the Industry. 

(c) After such budget and basis of contribution have been approved by the Board, to determine and obtain equitable contribution 

as above set forth by all Members of the Industry, and to that end, 

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

SECTION 8. E.ach Member of the Industry shall pay his or its equitable contribution to the expenses of the maintenance of the Code 

Authority, determined as hereinabove provided, and subject to rules 

and regulations pertaining thereto issued by the Board. Only Members of the Industry complying with the Code and contributing to the 

expenses of its administration as hereinabove provided, unless duly 

exempted from making such contributions, shall be entitled to participate in the selection of members of the Code Authority or to 

receive the benefits of any of its voluntary a-ctivities or to make use 

of any emblem or insignia of th~ National Recovery Administration. 

SECTION 9. The Code Authority shall neither incur nor pay any 

obligation substantially in excess of the amount thereof as estimated 

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

contained in the approved budget, except upon approval of the 

Board; and no subsequent budget shall contain any deficiency item 

for expenditures in excess of prior budget estimates except those 

which the Board shall have so approved. 
15 

SECTION 10. The proportionate share of each l\1ember of the Industry for expenses of Code Administration shall be based upon the 

total tonnage of quicklime and hydrated lime manufactured and sold 

by such Member of the Industry during such representative period, 

but not less than one (1) year, and at such fair and equitable rate 

per ton as the Code Authonty may determine, subject to the approval 

of the Board. 

(a) The Code Authority may designate the National Lime Association, or any other appropriate ag~ncy, to assist it in maintaining 

its accounts, determining such proportionate shares and in securing 

the collection thereof. 

(b) The applicable provisions of this Section 10 shall also apply 

to the expenses of Code administration of District Control Committees, established as hereinafter provided. Each District Control 

Committee shall submit to the Code Authority for its approval, 

to be in turn submitted to the Board for its approval, subject to. 

such notice and opportunity to be heard as it may deem_ necessary, 

(1) an itemized budget of its estimated expenses, and (2) an equitable basis upon which the funds necessary to support such budget 

shall be contributed by Members of the Industry having a plant or 

plants within the district. 

SECTION 11. If the Board shall determine that any action of the 

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

contrary to the public interest, the Board may require that such 

action be suspended to afford an opportunity for investigation of the 

merits of such action and further consideration by such Code Authority or agency pending final action which shall not be effective 

unless the Board ap~roves1 or unless it shall fail to disapprove after 

thirty (30) days notice to It of intention to proceed with such action 

in its original or modified form. 

LI:i\'IE INDUSTRY MANUFtACTURING DISTRICTS 

SECTION 12. The Industry shall be divided into "Lime Industry 

Manufacturing Districts" which districts initially established are 

set forth in Schedule A of this Code. The Code Authorit:y may 

from time to time revise such districts or any of themh subJect to 

the approval of the District Control Committees of t e districts 

affe.cted, and subject to modification or approval by the Board upon 

review. 

DISTRICT CONTROL COMMITTEES 

SECTION 13. All members havina a plant or plants located in each 

district may, at a meeting called for that purpose on proper notice, 

at which meeting each such member shall be entitled to one ( 1) vote, 

establish therefor, upon the majority vote of such members in attendance at such meeting, a District Control Committee to consist of 

such number of supporting members as the voting members shall determine, subject to the approval of the Code Authority and the 

Board. In order to provide, as far as practicable, and as not otherwise required by tlus Code, for the administration of this Code 

within each district by the members having a plant or plants located 

therein, the District Control Committees, in addition to the duties 
16 

and powers conferred upon them alsewhere in this Code, shall be 

charged with the power and duty of supervising the provisions of 

this Code within their respective districts, subject to disapproval of 

the Code Authority and subject to modification or approval upon 

review by the Board. 

(a) Any information required to be submitted to a District Control Committee shall be reported to a confidential agency selected by 

the District Control Committee, and if, in the opinwn of such committee, a violation of this Code is disclosed, such committee shall file 

such information together with a formal complaint in accordance 

with such plan for handling trade practice complaints as may have 

been approved by the Board. All activities of the District Control 

Committees shall be subject to the disapproval of the Code Authority. Copies of minutes of all meetings held by District Control 

Committees shall be filed immediately with the Code Authority and 

by it with the Board. 

(b) Each District Control Committee shall adopt by-laws, rules 

and regulations of procedure for the conduct of its business under 

this Code. Such by-laws, rules and regulations shall be subject to 

the approval of the Code Authority and the Board, and true copies 

of such by-laws, rules and regulations shall be furnished to the Code 

Authority and by it to the Board. 

ARTICLE VII-REPORTS 

SECTION 1. In addition to slich reports as may be required from 

time to time under the provisions of Section 6i Subsection (d) of 

Article VI, each Member of the Industry shal furnish to a confidential agency of the Code Authority promptly and upon forms 

approved by the Code Authority, complete and accurate reports of 

shipments, .Plant capacity, and such other data pertinent to the 

administratiOn of this Code as the Code Authority may specify. 

Information pertaining to the operations of individual Members of 

the Industry shall be kept confidential at all times. 

SECTION 2. At the option of any District Control Committee, such 

reports and statistical data may be collected and compiled by it for 

the district. In case any District Control Committee, or a majority 

of the members in any unorganized district shall require it, such 

reports and statistical data for that district shall be collected through 

a confidential agency appointed by such District Control Committee, 

or, in the case of an unorganized district, a confidential agency of the 

Code Authority. All such data shall be furnished to the Code 

Authority. · SECTION 3. The confidential agency of the Code Authority shall 

compile such records ·and s~atistical data in accumulated totals and 

averages by districts and for all districts and distribute the same to 

all members. 

ARTICLE VIII-~1ARKETING 

COST FINDING . SECTION 1. The Code Authority shall cause to be formulated 

methods of cost finding and accounting capable of use by all Members 

of the Industry, and shall submit such methods to the Board for ' 
11 

review. When approved by the Board, full information concerning 

such methods shall be made available to all Members of the Industry. 

Thereafter, each Member of the Industry shall utilize such methods 

to the extent found practicable. N othin~ herein contained shall 

be construed to permit the Code Authority, any agency thereof, 

or any Member of the Industry to suggest or agree to uniform ~dditions, percentages, or differentials or other uniform items of 

cost which are desig11ed to bring about arbitrary uniformity of 

costs or prices. 

METHODS OF SELLING 

Establishment of Basing Points 

SECTION 2. Each District Control Committee shall establish for 

each manufacturing plant within its district, subject to the disa.pproval of the Board, a basing point to govern all rail shipments. 

Different basing points may be established for different products. 

Said basing ~Oint, which may be changed or revised from time to 

time as conditions warrant, subject to the approval of the Board, 

shall be fair and reasonable to all interested parties. Nothing herein 

contained shall prevent any Member of the Industry from estabJishing his own plant as his basing point if he so desires; 12rovided, 

however, that such Member of the Industry shall file his Intention 

with his District Control Committee, and if there is no District 

Control Committe, then with the Code Authority, prior to such 

plant becoming a basing point. 

(a) In the event that any district shall not have a District Control Committee, then such basing point or points shall be established 

for such district by the Code Authority, after first requestin~ the 

recommendation of Members of the Industry within such distnct. 

(b) The District Control Committee shall also designate the low 

rate area governed by each basing point, which shall include all 

destinations to which the basing point has the low or equal all-rail 

freight rate for each Industry Product in the same rail freight classification manufactured at those plants for which the basing point has 

been established. Accepted geographic lines may be used as boundaries of such low rate areas, provided, that the District Control Committee shall provide for the use of the low basing all-rail freight rate 

for all destinations. Any District Control Committee may, for any 

designated product manufactured within the district, establish for 

any plant a basing point already established by some other District 

Control Committee if the low rate area of such basing point is partly 

• within the boundaries of the district designating such basing point. 

For the purposes of this Code, the District Control Committee of 

District 5-A (as set forth in Schedule A of this Code) shall select 

a basing point for Ohio finishing hydrated lime produced in said 

District 5-A, and the entire United States shall become the " low 

rate area" for that selected basing point. 

Price PUblication 

SECTION 3. Each Member of the Industry shall, not later than ten 

(10} days after the effective date of this Code, file as provided hereafter in Subsection (d) of this Section 3, with a confidential and 
18 

di ·int rested agency of the District Control Committee for the District in which the manufacturing plant is located, or if none, then 

with a confidential and disinterested agency of the Code Authority, 

identified lists of all his prices, discounts, terms and conditions of 

sale hereinafter referred to as " price tenns ", for each of the Indus- tr} Products manufactured and offered for sale, which price terms 

hall become effective at the expiration of such ten (10) day period 

and shall so file all subsequent changes therein or revisions thereof 

''hich shall become effective as hereinafter provided. All such lists 

shall cornr letely and accurately conform to and represent the individual pricing practices of said J\1ember and shall contain the price 

terms for all such standard products of the Industry as are manufactured and offered for sale by said Member and for such non- tandard products of said Member as shall be designated by the District Control Committee and/or the Code Authority. Changes in 

or revisions of price torms shall become effective at 12: 00-1\-I Midnight of the fifth (5th) day following the receipt thereof by said 

agency; provided that any :Member of the Industry may file his 

price terms to meet those filed by another Member of the Industry 

to take effect on the effective date of the price terms so to be met; and 

provided further, that if a Member of the Industry desiring to meet 

the price terms of another, is unable to do so by reason of failure 

to receive notice of such filing prior to the effective date of such 

revised price terms, he may, nevertheless, file his own price terms 

within forty-eight ( 48) hours after receiving notice of the filing 

of the price terms to be met, in which case his price terms will 

become effective on filing. 

(a) Immediately upon receipt thereof, said agency shall, by telegraph or other equally prompt means, notify said manufacturer of 

such receipt. Such lists and revisions, together with the effective 

time thereof, shall upon receipt be immediately and simultaneously 

distributed to the members within the district interested therein, 

and to the Code Authority. Immediate and simultaneous distribution shall also be made to any other Member of the Industry interested therein, and to all customers who have applied therefor in 

writing and have agreed to defray the cost actually incurred by the 

designated agency in the preparation and distri.bution thereof. 

Copies shall be available at the office of such agency for inspection 

by customers of any 1\-fember of the Industry. Such lists and revisions, or any part thereof, shall not be made available to any person until released to those designated above as entitled to receive 

the ame. (b) The Code Authority shall maintain a permanent file of all 

price terms filed as herein provided, and shall not de troy any part 

of such records except upon written consent of the Board. Upon 

request the Code Authority shall furnish to the Board or any duly 

designated representative of the Board copies of any such lists or 

revisions of price terms. 

(c) vVhen any Member o£ the Indu try has filed any revision, 

<::uch member shall not file a higher price within forty-eight ( 48) 

hours. (d) Price terms shall be filed f. o. b. rail basing point for the low 

rate area in which the member's plant is located. Such price terms 
19 

shall include all Industry Products manufactured at and offered for 

sale from such plant, and shall designate any destinations or areas 

beyond the low rate area in which the manufacturing plant is located 

to be governed by such price terms. The delivered price terms of 

each such Industry Product for rail delivery within such low rate 

area and to the designated destinations or areas beyond such low 

rate area shall be the sum of the price or prices filed f. o. b. basing 

point plus the rail freight rate from basing point to destinations. 

For areas and destinations not included in the price terms so filed, 

any Member of the Industry wishing to meet the competition of any 

other Member of the Industry may do so, except as provided in Subf:;ection (f) of this Section 3, by filing the following statement, which 

shall be considered the filed price terms for any destination or area 

not included in the price terms filed for the bas:ing point: 

"Delivered price terms to destinations or areas not covered by the 

price terms filed for the basing point shall not be more favorable to 

the purchaser than the most favorable price terms published by other 

Members of the Industry for the same destination or area for like 

Industry Products of similar grade and quality." 

(e) Price terms shall also be filed for any shipments from manufacturing plants by truck or water, and/or any "mill pick-ups", 

such price terms to specify ( 1) the area in which any truck or water 

shipments will be made, (2) the trucking or water transportation 

charge or rate, and (3) the minimum quantity to be shipped by 

truck or water; provided, nothing herein contained shall prevent 

any Member of the Industry from meeting truck or water prices 

filed for like Industry Products of similar grade and quality, and 

provided further, that the Member of Industry meeting such filed 

prices shall file his own prices on like Industry Products of similar 

grade and quality in accordance with all the provisions for filing as 

provided for in this Article VIII, and specifically as provided for 

in this Subsection (e) of this Section 3 of this Article VIII. 

(f) The net realized plant price for any Industry Product which 

is sold for delivery in any area or destination to meet competitive 

price terms of another Member of the Industry as provided in Subsection (d) above, must not be less than eighty percent (80%) of the 

filed price for that product f. o. b. basing point. 1 

(g) In order to Insure that this provision will not work a hardship on any Member of the Industry, or the customers of the Industry, in any given locality, any Member of the Industry may 

petition the Code Authority for relief by exemption or modification 

of this limitation as it applies to his sales. Upon receipt of such 

a petition, the Code Authority shall fix a date for the hearing of 

same within fifteen ( 15) days. At the same time, the Code Authority shall notify the District Control Committees of all production 

districts whose manufacturers ship to destinations named in the 

petition, as well as the Di trict Control Committee in whose low rate 

area destinations are located, enclosing copies of the petition and 

affording the opportunity for those committees and their witnesses 

to be heard at said hearing. Based upon the evidence submitted, the 

Code Authority shall render a decision within ten (10) days from 

1 See paragraph 2 (1) of order approving this Amendment. 
20 

date of hearing, subm.itting same, together with all pertinent testimony and facts, to the Board for its consideration. If, within 

thirty (30) days after submission to the Board, such decision shall 

not be disapproved by the Board, the Code Authority shall advise 

all interested parties of the decision, which shall oo final and binding 

upon all lVlembers of the Industry, subject to the disapproval of or 

n1odification by the Board at any time. 1 

SECTION 4. No Member of the Industry shall sell, or offer to sell, Industry Products for which price terms have been filed pursuant 

to the provisions of this Article VIII, at variance with such price 

terms then in effect, except as otherwise provided in this Code. 

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

price terms, nor cause or attempt to cause any Member of the Industry to change his price terms by the use of intimidation, coercion, 

or any other influence inconsistent with the maintenance of the free 

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

create. 

SECTION 6. Nothing hereinabove contained shall prevent any :Member of the Industry from deviating from his filed price terms in 

order to meet the competitive price terms of Members of the Industry shipping from plants producing like Industry Products of similar grade and quality located in other low rate areas for destinations 

in the low rate area in wl~ich his plant is located; provide~ however, 

that said member shall file with his District Control vommittee 

immediately and before quotation is made, the destination or destinations involved, and the name and delivered price terms of the 

competitor whose price terms are to be met. 

SECTION 7. It shall be an unfair method of competition for any 

J\1cmber of the Industry to file price terms not as a bona fide expression of business policy but merely for the purpose, or with the effect, 

of discriminating between different purchasers of a product of similar grade and quality, or to deviate from any of the provisions of 

this Article VIII. 

M e1·chandising Plans 

SECTION 8. Each District Control Committee ma.y prepare a uniform merchandising plan and/or system of standardization of products, containing such provisions as may be deemed necessary or 

proper to insure fair selling methods and to prevent unfair competitive practices by the J\1embers of Industry selling within the 

low rate areas of the district. When such plans and/or systems 

have ooen so prepared for the low rate areas of any district they 

shall be submitted for approval to all supporting members in that 

district. ' 

(a) When approved by supporting members who, in the preceding calendar year produced at least sixty (60) per cent of the total 

district tonnage produced in that year, such plans and/or systems 

shall be sent to the Code Authority for review and approval. 

(b) Upon approval by the Code Authority, .subject to approval 

upon review by the Board, with which copies of all such plans and/or 

1 See paragraph 2 (1) of order approving this Amendment. 
21 

systems shall be filed immediately, it shall be an unfair method of 

competition for any Member of the Industry to quote or sell I ndus- try Products for delivery at any destination within the low rate 

areas of the district for which such plans andjor systems have been 

approved, except in accordance with the provisions thereof. 2 

S tanda:rd F ornts 

SECTION 9. Each District Control Committee, in cooperation with 

the Code Authority, shall prepare immediately standard forms for 

quotations and contracts for use by all Members of the Industry 

producing in the district, which forms shall specify the terms and 

conditions under which quotations and contracts for sale shall be 

made. When so prepared and approved by the District Control 

Committee such forms shall be sent to the Code Authority for review 

and approval. 

(a) Upon approval by the Code Authority, subject to approval 

upon review by the Boardhwith which copies of all such forms shall 

be filed immediately it s all be an unfair m.ethod of competition 

for any Member of the Industry to quote or sell Industry Products 

for delivery at any destination within the low rate areas of the 

district for which such forms have been approved, on terms and 

conditions at variance with those specified in such approved forms.• 

Stanulards of Fatir Oomq>etition -for Pricing 

SECTION 10. The standards of fair competition for the Industry 

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

Costs arnd Price 0'Wttimg 

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

competition and is forbidden. Any Member of the Industry or of 

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

competition as destructive price cutting, imperiling any enterprise1 large or small, or tending toward monopoly or the impairment or 

code wages and working conditions. The Code Authority shall, 

within five ( 5) days, afford an opportunity to the member filin&' the 

price to answer such complaint and shall, within fourteen (14) days, 

make a ruling or adjustment thereon. If such rulino- is not concurred 

in by either party to the com~laint, all papers shall be referred to the 

Research and Planning Div1sion of N. R. A. which shall render a 

report and recommendation thereon to the Board. 

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

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

sound cost estimating methods should be used and that consideration 

should be given to costs in the determination of pricing policies. 

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

the stated minimum price of such product1 in VIolation of Section 

11 and Subsection (a) of Section 11 hereof is forbidden. 

1 See paragraph 2 (2) of ort1er approving this .Amendment. 
22 

Emergency Provisions 

SECTION 11. If the Board, a:ft€r investigationh shall at any time 

£nd both (1) that an emergency has arisen wit in any designated 

area adversely affecting any enterprise, large or small, or wages or 

labor conditions, or tending toward monopoly or other acute conditions which tend to defeat the :purposes of the Act; and (2) that the 

determination of the stated nunimum price for a specified product 

within such designated area for a limited period is necessary to 

mitigate the conditions constituting such emergency and to effectuate 

the purposes of the Act, the Code Authority may cause an impartial 

agency to investigate costs and to recommend to the Board a determination of the stated minimum price of the product affected by the 

emergency and thereupon the Board may proceed to determine such 

stated minimum price. 

(a) When the Board shall have determined such stated minimum 

price for a specified product for a stated period in such specified 

area, which price shall be reasonably calcula.ted to mitigate the conditions of such emergency and to effectuate the purposes of the Act, 

it shall publish such price. Thereafter, during such stated .Period, 

no ~1ember of the Industry shall sell such specified products In such 

specified area at a net realized price below said stated minimum price 

and any such sale shall be deemed destructive price cutting. From 

time to time, the Code Authority may recommend review or reconsideration, or the Board may cause any determination hereunder to 

be reviewed or reconsidered and appropriate action taken. 

ARTICLE IX-TRADE PRACTICE RULES 

SECTION. 1. The following trade practices are specifically declared 

to constitute unfair methods of competition between ~1embers of 

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

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

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

further trade practice provisions which hereafter may be established on recommendation by the Code Authority, approved by the 

Board, alter such hearings as it may prescribe, shall be deemed to 

be in violation of this Code. 

DEPARTURE FROl\f AGREED WORKING CONDITIONS 

SEcTION 2. The paying of lower than the minimum wages herein 

prescribed, or the exaction of hours of labor in excess of the maximum herein prescribed without complying with the overtime 

requirements. ' 

COl\fMERCIAL BRIBERY 

SECTION 3. No Member of the Industry shall give, permit to be 

given, or offer to give anything of value for the purpose of influencIng or· rewarding the action of any employee, ~gent, or representative of another In relation to the business of the employer of such 

employee, the principal of such agent or the represented party, 

without the knowledge of such employer, principal or party. This 

provision shall not be construed to prohibit :free and general dis-
23 

tribution o£ articles commonly used for advertising except so far 

as such articles are actually used for commercial bribery as hereinabove defined. 

REBATES, SUBSIDIES ETC. 

SECTION 4. To make secret allowances such as bonuses, rebates, 

refund , credit unearned di counts, or subsidies of any kind, 

whether in the form of money, services, advertising, or otherwise for 

the purpose of influencing the sale of Industry Products. 

LUMP S M BIDS AND CONTRACTS 

SECTION 5. To submit a bid or bids for two or more commodities, 

at lea tone of which is an Indu ~ry Product, in which the unit price 

of each commodity is not clearly stated. Accepting orders or contracts for sale at a lump sum where the contract does not specify 

the exact quantity, quality, and unit price of the product. 

CO.I\IBIN .d. TION SALES 

SECTION 6. No Member of the Industry shall sell or offer to ell any 

commodity, except in accordance with his current ·price list for that 

commodity, o:r:, if the commodity in question is not an indu try 

product, then at less than the bona fide invoice price, plus all transportation co ts, if any, for such commodity for the purpose or having the effect of influencing or inducing the sale of Industry Products and thereby creating an unfair pnce advantage for a Member 

of the Industry. 

INDUCING BREACH OF CO:KTRA.CT 

SECTION 7. Knowingly inducing or in any manner attempting to 

induce the breach of any exi ting ales order or of any existing contract between a competitor and his cu tamer or ource of supply; or 

interfering with or ob tructing in any manner the performance of the 

contractual duties or services between a Member of the Industry and 

his customer. 

DEFAMATION OF COMPETITORS 

SECTION 8. To defame or disparage a competitor directly or indirectly by word or acts which unfairly rai e a question as to his 

business integrity his ability to perform his contracts, his credit 

standing, or the quality of his product. 

LIMITATIONS ON SALES OF QIDCKLIME IN BULK 

SECTION 9. The sale by any Member of the Industry to any purchaser of quickli1ne in bulk which he knows is for purposes of resale 

as packaged quicklime. 

MI REPRESE~TATION 

SECTION 10. To sell or offer for sale Industry Products for the 

purpose or with the effect of deceiving customers or prospective cus--

tomers as to the quantity, quality, or grade of such products. 
24 

FALSE BILLING 

SECTION 11. Marking, branding, and labeling Industry Products 

land making statements regarding Indu try Products, the purpose 

~or effect of which n1ay be to mislead or deceive purchasers as to the 

'quantity, quality, grade or substance of such products purchased. • 

IMITATION OF TRADE MARKS 

SECTION 12. To imitate or to simulate the trade mark, trade name, 

}>ackage, brand, or label of a competitor in such degrM as to deceive, 

.or have a tendency to deceive customers. 

CONSIGNED GOODS 

SECTION 13. Shipping goods on consignment except under circum-

! stances to be defined by the Code Authority and approved by the 

1 

Boan;l, where peculiar circumstances of the industry require that 

practice. 

TRANSACTIONS WITH JOBBERS, AGENTS AND DEALERS 

SECTION 14. A builders' supply dealer or an agricultural dealer 

shall not in any case be classified as an agent for ch_emical, indusi trial, or agricultural lime, or as a jobber for building lime in the 

1 

trading area in which he operates as a retail dealer, unless approved 

by the District Control Committee involved. 8 

SEariON 15. Purchases of Industry Products by a jobber (as de1 fined in Article II, Section 11) for his own use or for resale from 

his own retail yard, shall be on the dealer price basis. 8 

' SHIPMENTS WITHOUT ORDERS 

SECTION 16. To make shipments without having a bona fide order 

from the customer at the time the shipment is made. 

CONTR.AaTS 

SECTION 17. All bona fide contracts and/ or orders for shipments 

for specific jobs and/ or period requirements may be shipped at the 

price specified in the contract and/ or order, regardless of any subsequent price increase, and any Industry Product so shipped must 

be applied only on such contract and/or order. 

(a) In the event of any advance in the price or prices or a sale 

at less than a listed price of I)ldustry Products by a Member of the 

Industry, such member shall, within thirty (30) days, file with a 

confidential and disinterested agency of his District Control Committee a list of all uncompleted contracts and/ or orders made or 

entered into prior to the price increase, giving the name of customer, total tonnage required, price and expiration date; and, in 

1 he case of specific building job contracts, the name of the job, its 

location, the dealer, the contractor, unshipped tonnage, and price, 

with a certification from the dealer that he has a bona fide contract 

1 See paragraph 2 (3) of order approving this .Amendment. 
I 

I 

I 

I 

,I 

I 

25 

with the contractor and/ or owner covering uch products and hall 

report to such agency of hi Di trict Control Committee all hipment made on any such contracts and/ or order as and when the 

arne ar mada and al o hall report completion cancellation, or 

modification thereof, and may report information concerning any 

other members listed contract and/ or orders. 

(b) All contract made within thirty (30) days (except Go"Vernment jobs made to meet requirments of proposals or applicable law) 

after any price increase but based upon a quotation made prior thereto may be shipped at the contract price regardless of any price 

increa e, provided that on all such JObs the contract andj or contract involving indu try products has been awarded prior to the 

expiration of the thirty (30) day period following the date of price 

increa e, a.ll uch contracts must be filed with such agency of the 

Di trict Control Committee in the manner aforesaid within fifteen 

(15) days after said thirty (30) day period (or such other period 

stipulated by Governmental pro_posals o£ applicable law). Such 

agency o£ the Di trict Control Committee shall promptly di seminate to Members of the Industry concerned all information pertaining to such specific building job contracts and/or orders, and, in 

the ca e of other contracts, information regarding the validity of 

any specific contract or commitment so filed shall be given to any 

:Member of the Industry upon request. 

DURATION OF CONTRACTS 

SECTION 18. Except where otherwise necessary to meet Governmental bid requirements1 no :Member of the Industry shall make any 

quotation for a period 1n excess of fifteen (15) days from date of 

quotation; provided, however, that any such qtwtation may be specifically renewed for a like period upon request of the prospective 

purchaser. 

0 he1nieal lime 

(a) No member of the Indu try shall contract or agree to furni h 

chemical lime to any purcha er for n1ore than a calendar quarterannual period; nor shall he make any quotation, contract, or agreement for the sale of lime for any such calendar quarter-annual 

period prior to the first day of the last n1onth of the immediately 

preceding calendar quarter-annual period. 

Building liv~e 

(b) In instances where building lime is sold for specific jobs in 

lieu of making specific job contracts with dealers and processors, a 

purchase order at the prevailing price will be considered as a sufficient binding contract with the provision that if the price advances 

at any time, a specific job contract will be written within thirty 

(30) days after the price advance at the price prevailing at the 

date of the purchase order for the amount of lime still required. 

Specific job contracts must be su~ported by the dealer's original 

order and record o£ prior delivenes7 if any, and the contractor's 

written estimate of the balance requ1red for completition. Where 
26 

no specific job ·contract is niade within thirty (30) days aft~r the ~ 

price advance, then such jobs must take the advanced price. 

Agricultu1•al lirne 

(c) No member of the Industry hall contract or agree to furnish 

agricultural lime to any purchaser for more than a calendar semiannual period, nor shall he make any quotation, contract, or agreement for the sale of such produr:t for any such calendar semiannual 

period prior to the fir t day of the month immediately precedinO' 

such calendar semiannual period. ~ 

Govern1nen t pu1·chases 

(Federal, State, County, Municipal and/ or other P oli tical Subdivisions) 

(d) Each bid shall specify that it shall be void if award shall not 

be made and contract executed within thirty (3.0) days after date 

of the opening of bids; and only calendar quarterly contract shall be 

accepted, unless otherwise specified in the proposal or by applicable 

law, but in no case for any period longer than one (1) year. 

FALSE CLASSIFICATION 

SECTION 19. The classification of Industry Products for the purpose of determining freight charges thereon, different fron1 the classification adopted by the Industry and accepted by the rail carriers, 

to secure a lower freight rate. 

SUBSTITUTION 

• 

SECTION 20. Substitution of any Industry Product superior in 

quality or grade for the purpose of furnishing such product at prices 

lower than would otherwise prevail. 

CONTINGENT SALES 

SECTION 21. The purchase of materials or service from a buyer of 

Industry Products, made contingent upon the sale of Industry Products by a Member of the Industry, or the sale of Industry Products 

by a Mmnber of Industry made contingent upon the purcha e of 

materials or service. 

SPLITTING OF .COMMISSIONS 

SECTION 22. To permit the splitting of commissions or other compensation received by an emp~oyee or agent of the seller, with the 

buyer for the purpose or with the effect of influencing a sale of 

Indu try Products. 

ARTICLE X-MODIFICATION 

SECTI()N 1. This Code and all the provisions thereof are expressly 

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

provision of Subsncticn (b) of Section 10 of the Act, from time to 
27 

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

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

approval o£ this Code or any conditions imposed by him upon his 

approval thereof. 

SECTION 2. Such of the provisions of this Code as are not required 

to be included therein by the Act, may, with the consent of the Industry and the approval o£ the Board, be amended as provided in 

Section 3 hereof, in such manner as may be indicated by the needs 1 

of the public, by changes in circumstances, or by experience. All ' 

the provisions of the Code, unless so modified or eliminated, shall 

remain in effect until the expiration date of Title I of the Act. 

SECTION 3. An amendment may be proposed by any interested 

party either to the Code Authority or directly by or to the Board. 

All proposed amendments shall be referred to the Code Authority-1 

which shall give Members o£ Industry an opportunity to be heard 

thereon, and thereafter the Code Authority may make such recommendations thereon as is deemed proper. When approved by the 

Board as necessary to effectuate the policies of the Act, after such 

notice and hearing as it may prescribe, any proposed amendment 

shall thereupon become effective as a part o£ this Code. 

SECTION 4. I£ the Code Authority shall desire to propose an 

amendment, after havin<Y approved the same, it shall submit the 

same to the l\Iembers of the Industry who shall thereupon vote 

upon said proposed amendment either at a special meeting called for 

that purpose or by mail ballot, at the discretion of the Code Authority. Upon the approval of the majority of the ~! mb rs of the 

Industry so voting the Code Authority shall then submit the proposed amendment to the Board. 

ARTICLE XI-MoNoPoLIES 

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

ARTICLE XII-EFFECTIVE DATE 

This Code as amended shall become effective on the tenth (lOth) 

day after the date of its approval by the Board and shall then supersede the Code of Fair Competition for the Lime Industry approved 

by the President October 3rd, 1933. 

Approved Code No. 31-Amendment No. 2. 

Registry No. 1026-01. 
SCHEDULE A 

LIME IKDUSTRY MAKUFACTUHING DISTRICTS 

District 1: ConnecUcut, Maine, Massachusetts, New Hampshire, Rhode 

Island, Vermont and that portion of New York east of the 77th meridian. 

District 2: Delaware, District of Columbia, Maryland, New Jersey, and that 

portion of Pennsylvania east of the 77th meridian. 

District 3: West Virginia and that portion of New York and Pennsylvania 

west of the 77th meridian. 

District 4: North Carolina, South Carolina, Virginia. 

District 5a: Tl;le Ohio hydrated finishing lime plants and factories located 

in the State of Ohio; Herzog Lime and Stone Company, Forest, Ohio; Gibsonburg Lime Products Company, Gibsonburg, Ohio; Kelley Island Lime and 

Transport Company, White Rock, Gibsonburg and Tlffin, Ohio; National Gypsum 

Company, Luckey, Ohio; Natiol'ial Lime and Stone Company, Carey, Ohio; Na- tional Mortar & Supply Company, Gibsonburg, Ohio; Ohio Hydrate and Supply 

Company, WoodYille, Ohio; United States Gypsum Company, Genoa, Ohio; 

'Vashington Building Lime Company, Woodville, Ohio; Woodville Lime 

Products Company, Vi'oodville, Ohio. 

District 5b : State of Ohio, except the hydrated finishing lime plants described 

in District 5a above. 

District 6 : Michigan. 

District 7: Illinois, Indiana and that portion of Missouri east of the 93rd 

meridian. 

District 8 : Wisconsin. 

District 9: Iowa, Minnesota, North Dakota and South Dakota. 

Districts 10 and 11: Alabama, Florida, Georgia, Kentucky, Louisiana east of 

the Mississippi River, Mississippi, Tennessee. 

District 12: Arkansas, Kansas, Louisiana west of the Mississippi River, 

Nebraska, Oklahoma and that portion of Missouri west of the 93rd meridian. 

District 13 : Texas. 

District 14: Idaho, Montana, Oregon, Washington, Wyoming. 

District 15: Arizona, California, Colorado, Nevada, New Mexico. Utah. 

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SCHEDULE B 

DOLOMITE DIVISION OF THEJ CODE OF FAIR COMPETITIO FOR THE LDIE INDUSTRY 

ARTICLE I 

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

Act, and to make specifically applicable the provisions of the Code of Fair 

Competition for the Lime Industry this Schedule B is hereby e tablished as a 

Code of Fair Competition for the Dolomite Division of the Lime Industry. 

All the provisions of the ode of Fair omp tition for the Lime Industry- are 

incorporated herein by reference and shall be binding upon every Member of 

the Industry, except tho e provisions which are inconsistent and inapplicable 

to the Industry Products of the Dolomite Divi ion·. 

ARTICLE Il-DEFI ITIONS 

SE TION 1. In addition to the definitions contained in Article II of the 

Code of Fair Competition for the Lime Industry, the terms enumerated in 

this Article II hall have the meanings herein de·fined where"Ver u ed in this 

Schedule B or in any supplement appertaining thereto. 

SECTION 2. The term "Dolomite Divi ion" includes the manufacture and/or 

original sale of Industry Pr ducts by a Member of the Industry either by 

himself or by his agent, which includes without limitation any person or 

corporation occupying a subsidiary or controlling relationship or one of common, mutual or joint ownership or control to a Member of the Industry. 

SECTION 3. The term " Industry Products" includes dolomitic lime for refractory purposes irrespective of the extent of burning or other refinements. 

SECTION 4. The term "Member of the Indu try" includes but without limitation, any individual, partnership, association, corporation or other form ot 

enterprise engaged in the Industry, either as an employer or on his or its 

own behalf. 

SECTION 5. Wherever used in the provisions hereinafter incorporated in this 

Code by reference, the term "Code Authority" means that body constituted 

hereinafter by Article III. 

ARTICLE Ill-ORGANIZATION, POWERS AND DUTIE!S OF THE CODE AUTHORITY 

ORG.lNIZATION AND CONSTITUTIO 

SE TIO 1. A Code Authority is hereby constituted to administer the provisions of this Schedule B and shall consist of not more than nine (9) voting 

members. Each of such voting members hall be a representative of a Member of the Industry of this Dolomite Division. 

(a) In addition to the above membership the National Industrial Recovery 

Board may appoint three (3) members without vote and without compensation from the Industry otherwi e to act as members of the Code Authority 

for such terms as it may specify. For the purpose of this Code such members as have been appointed on the National Code Authority for the Lime 

Industry shall serve as such members on the Code Authority for the Dolomite Division. 

0 

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