Approved Code No. 337-Amendment No. 1 Registry No. 701-35 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

COAL DOCK INDUSTRY 

AS APPROVED ON DECEMBER 28, 1934 

WE DOOURPAR't' 

I ., 

APO ,.. - - - -

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1935 

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Approved Code No. 337-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

COAL DOCK INDUSTRY 

As Approved on December 28, 1934 

ORDER 

APPROVING AMENDMEKT OF CoDE OF FAIR Col\IPETITION FOR THE CoAL 

DocK INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of an amend- ment to a Code of Fair Competition for the Coal Dock Indu try, 

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: 

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

States, the National Industrial Recovery Board, pursuant to author- ity vested in it by Executive Orders of the Pre ident, including 

Executive Order No. 6859, and otherwise, does hereby incorporate, by reference, said annexed report and does find that aid amendment 

and the Code as constituted after being amended complies in all 

respects with the pertinent provisions and will promote the policies 

and the purposes of said Title of said Act; and does hereby order 

that said amendment be and is hereby approved, and that the previous approval of said Code is hereby amended to include approval 

of said Code in its entirety as amended, uch approval and such 

amendment to take effect ten days from the date hereof, unless good 

cause to the contrary i shown to the National Industrial Recovery 

Board before that time and the National Indu trial Recovery Board 

issues a subsequent order to that effect. 

NATION.AL INDUSTRIAL RECOVERY BOARD, 

By W. A. HARRIMAN, Adm,inistrative Officer. 

Approval recommended: 

W. P. Er.us, 

Acting Division Administrator. 

vVAsHrNGToN, D. c., 

December B8, 1934. 

105459°-1465-1-35 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Sm: An application has been duly made pursuant to and in full 

compliance with the provisions of the National Industrial Recovery 

Act, for an amendment to the Code of Fair Competition for the 

Coal Dock Industry, submitted by the Code Authorities for the said 

Industry. 

The existing provision of Article VI, s~tion 6, of the Code for 

said industry, is entirely inadequate in view of the necessity for 

seeking an amendment to the Code to make nonpayment of assessments a Code violation, and it is therefore evident that the proposed amendment to Article VI, Section 6, of said Code will overcome the existing inadequate provision. 

FINDINGS 

The Acting Deputy Administrator in his final report to us on 

the amendment to the Code of Fair Competition for the Coal Dock 

Industry having found as herein set forth and on the basis of all 

proceedings in this matter : 

We find 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 industry for the purpose of cooperative action among trade groups, by including and 

maintaining united 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. 

(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 amendment and the Code as amended are not designed 

to and will not permit monopolies or monopolistic practices. 

(2) 
3 

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

to and will not eliminate or oppres small enterprises and will not 

operate to discriminate against them. 

( e) 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. 

Said amendment is accordingly approved. 

For the National Industrial Recovery Board : 

w. A. H ARRIMAN, 

DECEMBER 28, 1934. 

Administrative Officer. 
AMENDMENT TO CODE OF FAIR co:MPETITION FOR 

THE COAL DOCK INDUSTRY 

Delete Section 6 of Article VI and substitute in lieu thereof the 

following: 

SECTION 6. ( 1) It being found necessary, in order to support the 

administration of this Code and to maintain the standards of fair 

competition established by this Code and to effectuate the policy of 

the Act, the Divi ional Code Authority is authorized, subject to the 

approval of the National Industrial Recovery Board; 

(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 the. Code ; 

(b) To submit to the National Industrial Recovery Board for 

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 upon 

which the funds n"cessary to support such budget shall be contributed by members of the Industry; 

(c) After such budget and basis of contribution have been approved by the National Industrial R<>covery Board, to determine 

and secure equitable contribution as above set forth by all such members of the Industry, and to that end, if necessary, t-0 institute legal 

proceedings therefor in its own name. 

(2) Each member of the industry shall pay his or its equitable 

contribution to the expenses of the maintenance of the Code Authority, determined as hereina bove provided, and subject to rules 

and regulations pertaining thereto issued by the National Industrial 

Recovery 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 the 

members of the Divisional Code Authority or to receive the benefit 

of its voluntary activities or to make u e of any emblem or insignia 

of the National Recovery Admini tration. 

(3) The Divisional 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 National Industrial Recovery Board; and no subsequent budget 

shall contain any deficiency item for expenditures in excess of prior 

budget estimates except those which the National Industrial Recovery 

Board shall have so approved. 

Amend Section 8 of Article VI by deleting Sub-sections ( e) and 

(f) and designate sub-section (g) as sub-section (e). 

Approved Code No. 337-Amendment No. 1. 

Registry No. 701-35. 

(4) 

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