Apptoved Code No. 285-Arnendment No.3 Registry No. 1414-05 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

RAILWAY CAR BUILDING 

INDUSTRY 

AS APPROVED ON MAY 11, 1935 

WE DO OUR PART. 

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WASHINGTON: '1935 

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Approved Code No. 285-Amendment No. 3 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RAILWAY CAR BUILDING INDUSTRY 

As Approved on May 11, 1935 

ORDER 

APPROVING AMENDMENT OF CoDE OF FAIR CoMPETITION F OR THE 

RAILWAY CAR BuiLDING 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 J nne 16, 1933, for approval of an amendment to a Code of Fair Competition for the Railway Car Building 

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

thereto, having been made and directed to the President: 

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

States, the National Industrial Recovery Board?.-...pursuant to authority vested in it by Executive Orders of the .President, including 

Executive Order No. 6859, and otherwise, does hereby incorporate, 

by reference, said annexed report and does find that said amendment and the Code as constituted after being amended comply in 

all respects with the pertinent provisions and will promote the ·policy and purposes of said Title of said Act, and does hereby 

order that said amendment be and it is hereby approved, and that 

the previous approval of said Code is hereby amended to include 

an approval of said Code in its entirety as amended. 

NATIONAL INDUSTRIAL RECOVERY BoARD, 

By W. A. HARRIMAN, Admmistrative Officer. 

Approval recommended : 

BARTON w. MURRAY, 

Division Administrator. 

wASHINGTON, D. c., 

May 11, 1935. 

135370°----1844-80----3~ (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The Wl~ite House. 

( J Hj 

I ; 

SIR: Under the Code. of Fair Competition for the Railway Car 

Building Industry as approved on February 16, 1934, the Code Authority for said Industry has submitted the amendment which is 

included and attached. 

The amendment to Section 1 of Article VII, by substituting the 

word" one" for the word" two", (so that the provision will read" In 

each case wherein one or more employers shall be invited to submit 

proposals * * * ) is designed to cure the confusion which has 

resulted from the present provision, since an invitee did not know 

whether or not there were others invited to bid. 

The additions to Article IX prohibit the making of allowances in 

quotations for materials to be furnished by the customer (except those 

in his bona fide inventory) or where the source of supply is specified 

by the customer (except in the case of specialties). These provisions 

are designed to save the members of the Industry from losses which 

they have heretofore frequently incurred by using defective materials 

furnished by customers which resulted in the rejection of their finished 

products. 

HearinO' on the. amendment was held March 1, 1935 at the Department of Commerce Building in Washington, D. C., and opportunity 

to be heard was duly noticed to all interested parties. One objection 

was received~ but was withdrawn at the hearing. 

FINDINGS 

The Assistant Deputy Administrator in his final r eport on said 

amendment to said Code, having found as herein set forth and on 

the basis of all proceedings in this matter, 

It is found that: 

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

designed to promote the policies and purposes of Title I of the .National 

Industrial Recovery Act, including the removal of obstructions to the 

free flow of interstate and "foreign commerce which tend to diminish 

the amount thereof, and will provide for the general welfare by 

promoting the organization of indu try 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 productive 

capacity of industries, by avoiding undue restriction of production 

(except as may be temporarily required), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. 

(2) 
3 

(b) The Code as amended complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and 

Subsection (b) of Section 10 thereof. 

(c) The aforesaid amendment has been presented in accordance 

with the provisions of Section 2 of Article XII of the Code. 

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

to and will not permit monopolies or monopolistic practices. 

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

and will not eliminate or oppress small enterprises and will not operate to discriminate against them. 

(f) Those engaged in other steps of the economic process have not 

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

amendment. 

For these reasons, therefore, this amendment has been approved. 

For the National Industrial Recovery Board: 

MAY 11, 1935. 

w. A. HARRIMAN' 

Administrative Officer. 
A]vfENDMENT TO CODE OF FAIR CO~fPETITION FOR 

THE RAILWAY CAR BUILDING INDUSTRY 

(1) Article VII, Section 1: Change word "two" in first line to 

"one", making it read: "in each case wherein one or more employers shall be invited to submit propo als * * * " 

(2) Article IX: Add the two following paragraphs: 

(c) The making of an allowance from the base price for any of 

the products of the Industry quoted the customer for or on account 

of any materials (other than materials then in the bona fide inventory of the customer) furnished by the customer or if the purchase 

thereof is directed by the customer to be made by the employer from 

a source of supply designated by the customer, provided that allowances may be made for specialties (and/ or parts therefor) furnished by the customer or the purchase of which is directed by the 

customer to be made from a source of supply designated by the 

customer. 

(d) The making of quotations for processing or the processing 

of materials for completed articles requiring new materials for their 

completion, all or a sub tantial part of the material for which (other 

than specialties and j or parts therefor) the customer either furnishes 

or directs the employer to purchn se from a source of supply designated by the customer. 

Approved Code No. 285-Amendment No. 3. 

Registry No. 1414-05. 

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