v 

Approved Code No. 24-Amendment No.7 Registry No. 702- 45 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

BITUMINOUS COAL INDUSTRY 

AS APPROVED ON MARCH 14, 1935 

-s 

U.S. DEP-Of!JiTO~Y 

WE DO OUR P.AR1' 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

For sale b7 the Superintendent or Documents. Wasbln,ton. D. C. - - - - - - - - - Price 5 cents 
This publication is for sale by the Superintendent of Documems, Government 

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

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEP ART1\1ENT OF COMMERCE 

Atlanta, Ga. : 504 Post Office Building. 

Birmingham, Ala.: 257 Federal Building. 

Boston, Mass. : 1801 Customhou e. 

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

Charleston, S. C.: Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 4-08 Federal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. New York, N. Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa. : 422 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. St. Louis, Mo. : 506 Olive Street. 

San Francisco, Calif.: 310 Customhouse. 

SP,attle, Wash.: 809 Federal Office Building. 
Approved Code No. 24-Amendment No. 7 

AMENDlVIENT TO CODE OF FAIR COMPETITION 

FOR THE 

BITUMINOUS COAL INDUSTRY 

As Approved on March 14, 1935 

ORDER 

APPROVING AMENDl\IENT OF CoDE OF FAIR CoMPETITION FOR THE BITU. 

MINous CoAL INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I, of the National Industrial 

Uecovery Act, approved June 16, 1933, for approval of an amendment to the Code of Fair Competition for the Bituminous Coal Industry as contained in a Published Notice of Opportunity to be 

Heard, Administrative Order 24-98, dated February 2, 1935, and 

amended to meet certain objections which were filed as provided in 

said Published Notice and annexed report on said amendment, containing findings 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. 

This Order shall become effective immediately. 

NATIONAL INDUSTRIAL REcovERY BoARD, 

By W. A. HARRIMAN, Administrative Officer. 

Approval recommended: 

w. P. ELLIS, 

Division Administrator. 

WASHINGTON, D. c., 

M arrch 14, 1935. 

121Gl6°----l603-75----35 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The lVhite House. 

Sm: An application ha 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 

Bituminous Coal Industry, submitted by the National Bituminous 

Coal Industrial Board, an agency created and establi heel under 

the Code for the purpose, among others, of considering and making 

recommendations to the President as to any amendments of the 

Code. 

Notice of Opportunity to be Heard, Administrative Order No. 

24-98 was published and distributed February 2, 1935. Pursuant 

to information and considerations properly before us, as provided 

in the published notice of opportunity to be heard, this amendment 

has been revised to include selection from nominations submitted 

by the accredited and recognized organization of employees. 

The existing provisions of Article VII of the Code for said Industry do not include representation of Labor in membership of Code 

Authorities. This is a highly organized Industry and the request 

of the National Bituminous Coal Industrial Board for a representative to be a member of each Divisional and Subdivisional Code Authority is considered to be fair, and it is believed, and we have accordingly so found, that the service of a member upon each Code 

Authority selected from nominations submitted by the accredited 

and recognized organization of employees, will tend to facilitate 

the administration of the Code and procure compliance therewith. 

Two Code Authorities voluntarily have elected labor members and 

another Code Authority ha initiated steps for labor representation. 

FINDINGS 

The Acting Deputy Administrator in his final report to us on 

the amendment to the Code of Fair Competition for the Bituminous 

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

all proceedings in this matter. 

We find that: 

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

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

National Industrial Recovery Act including the removal of ob tructions 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 inducing and maintaining united action of labor and management under adequate governmental sanction and supervision, by eliminating unfair competi-

(2) 
3 

tive practices, by promoting th fullest pas iblc utilization of the 

present productive capacity of industries, by avoiding undue re triction of production (except a may be temporarily required) by increasing the con umr tion of industrial and agricultnral products by 

increasing purchasing power, by reducing and relieving unemployment, by improving tandards of labor, and otherwi e by r ehabilitating industry and con erving natural re ources. 

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

Subsection (b) of Section 10 thereof. 

(c) The Code empowers the National Bituminous Coal Indu trial 

Board to con ider and to make recommendations to the President as 

to any amendments of this Code. I t also empowers any Sub-Divisional Code Authority to propose amendments on behalf of the Industry as a whole after submis ion to any other Code Authority 

affected thereby (which sh all include the Divi ional Code Authority). 

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

and will not permit monopolies or monopoli tic 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 aid 

amendment. 

Said amendment, as modified, is accordingly approved to become 

effective immediately. 

For the National Industrial Recovery Board : 

w. A. H ARRIMAN, 

MARCH 14, 1935. 

Administrative Officer. 
A~fEND~IENT TO CODE OF FAIR COMPETITION FOR THE 

BITUMINOUS COAL INDUSTRY 

Delete the period of the second sentence of Sub-Section (a) of 

Section 2, Article VII, and substitute therefor a semi-colon, and add 

after such semi-colon the following: provided that each Code Authority, Divisional or Subdivisional, shall have one member thereon 

who shall be selected from nominations submitted by the accredited 

and recognized organization of employees. 

Approved Code No. 24-Amendment No. 7 

R egistry No. 702-45. 

(4) 

0 
Digitized by the Internet Archive 

in 2011 with funding from 

University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation 

http://www.archive.org/details/amendmenttocodeo2801 unit 
UNIVER S ITY OF FLO RIDA 

lllllllllllllllllllllllllll lllllllllllllllllllllllllllllllllllll 

3 1262 08850 2801