Approved Code No. 399 Registry No. 1715-14

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

HOUSEHOLD GOODS

STORAGE AND MOVING TRADE

AS APPROVED ON APRIL 19, 1934

BY

PRESIDENT ROOSEVELT

MEMBER

R

U.S.

WE DO OUR PART

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

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DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.

Birmingham, Ala.: 257 Federal Building.

Boston, Mass.: 1801 Customhouse.

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.: Chamiber 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.: 408 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 Bullditig.

St. Louis, Mo.: 506 Olive Street.

San Francisco, Calif.: 310 Customhouse.

Seattle, Wash.: 809 Federal Office Building.
Approved Code No. 399

CODE OF FAIR COMPETITION

FOR THE

HOUSEHOLD GOODS STORAGE AND MOVING

TRADE

As Approved on April 19, 1934

BY

PRESIDENT ROOSEVELT

EXECUTIVE ORDER

CODE OF FAIR COMPETITION FOR TlE HOUSEHOLD Goois SToRAGE AND

MOVING TRADE

An application having been duly made, pursuit to and in full

compliance with the provisions of Title I of the National Industrial

Recovery Act, approved June 16. 1933, for my approval of a Code

of Fair Competition for the Household( Goods Storage & Moving

Trade, and hearings having been held thereon, and the Ahninimistrator having rendered his report containing aii analysis of the said

Code of Fair Competition, together with his recomnmendations and

findings with respect thereto, and the Adiiinistrator having' found

that the said Code of Fair Competition complies in all respects with

the pertinent provisions of Title I of said Act, and that the requireinents of clauses (1) and (2) of subsection (a) of Section 3 of said

Act have been niet:

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

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

I of the National Industrial Recovery Act, approved June 16, 1933, and otherwise, do approve the report and recommendations and

adopt the findings of the Administrator and do order that the said

Code of Fair Competition be and it is hereby approved; provided, however, that the provisions of Article VII, Section 1, insofar as

they prescribe a waiting period between the filing with the Administrative Boards and the effective date of revised price lists or revised

terms and conditions of sale be and they are hereby stayed pending

further order by the Administrator either within a period of sixty

(60) days from the effective date of this Code or after the completion of a study of open price associations now being conducted by

the National Recovery Administration; and provided further it is

53919*--482-113---4--l ('049)
350

understood that Article II, Section 1, taken in conjunction with

Article II, Section 1 of the Code of Fair Competition for the Trucking Industry, is interpreted to mean that the question to be considered

at the public hearing to be held prior to June 15, 1934, is whether or

not vehicles engaged in the transportation of used household goods

or used office furniture and equipment are to be included wholly or

partly in the Code of Fair Competition for the Trucking Industry or wholly or partly under this Code; and provided further that the

provisions of Article II, Section 1(c) shall be stayed pending the

public hearing to be held prior to June 15, 1934, and pending my

further order.

FRANKLIN D. ROOSEVELT.

Approval recommended:

HUGH S. JOHNSON,

Administrator.

THE WHITE HOUsE,

A pril 19, 1934.
LETTER OF TRANSMITTAL

The PRESIDENT,

The W1hdte Hlouse.

SIR: The hearing on the Code of Fair Competitioii for the Household Goods Storage and Moviiig Trade was held at the Mayflower

Hotel on January 18, 1934. The Code which is attached was presented by duly qualified and authorized representatives of the Trade,

complying with statutory requirements, said to represent 80% of

the Trade by number and volume. In accordance with the customary procedure, everyone present who had filed a request for an

appearance was freely heard in public and all statutory and regulatory requirements were complied with.

THE TRADE

The Trade in 1933 had an investment of about 2.0-() million dollars

and did an annual business of approximately 115 million dollars.

This represents a decrease in volume of about 501 from the 1929

level due to depressed economic conditions existing. It is conservatively estimated that in 1933 the Trade employed about (0,000

workers as against nearly twice that number in 1929. The r'lde's

payroll in 1933 amounted to about 60 million dollars.

The weekly hours prescribed in the Code represent a decriea-e f

over 15% and in some cases as high as 25", and it is estimated that

the Code will increase employment about 201'C. In many parts o the

country the minimum rates of pay prescribed by the Code wiHl rcsiult

in material financial benefit to a large number of employees.

PROVISIONS OF THE CODE

Hours.-The Code provides a 48-hour week with overtime for all

hours worked in excess of eight hours per day, for all inside plant

employees. Drivers and helpers on vehicles engaged in moving operations are limited to an average of 48 hours per week. hle averaging provision is a limited one necessary to the proper coniuict of the

business. In local moving overtime shall be paid after eight hours

per day, and in long distance nmving overtime shall be paid after

48 hours per week. Clerical and office employees are limited to 40

hours per week; watchnen are limited to 56 hours per week. No

employee may work more than six days out of seven, except drivers

and helpers on vehicles engaged in long distance movin-, who m:1V

work not more than 12 days in any 14 day period, and eXcep)t (mployees engaged in an executive or managerial capacity receiving

$35 or more per week in the North or $30 or more per week in the

South.

War/es.-A minimum rate of $15.00 per week has beeii established

for office employees and watchmen. Minimum wage rates have been

(351)
352

established for all other employees (except long distance drivers and

helpers) according to regions, and in most regions these rates are 40

cents or 45 cents. In a few regions the rate is higher, and in some of

the southern states the rates are 30 cents or 35 cents. A minimum

rate of 45 cents per hour in the North and 35 cents per hour in the

South has been established for drivers and helpers on vehicles engaged in long distance moving.

The Code provides that no employee shall have his normal full

time weekly earnings reduced if his hours are not reduced more

than 15%. If his hours are reduced more than 15%, then his wages

may be reduced by only one-half the hourly rate for any hours

in excess of the 15%.

Industrial relations.-A National Industrial Relations Board has

been established consisting of an equal number of representatives of

employers and representatives of employees, and this Board may

appoint regional and local Industrial Relations Boards similarly

constituted.

A din iiistration.-The Administrator shall appoint a temporary

Code Authority, which shall then arrange for the election by nembers of the Trade of a new National Code Authority and all local

and regional Administrative Boards.

Trade practices.-Trade Practices have been incorporated into

the Code which will help to stabilize the Trade, and certain unfair

trade practices which have worked harmn to the Trade have been

prohibited.

FINDINGS

The Deputy Administrator in his final report to me on said Code

having found as herein set forth and on the basis of all the proceedings in this matter;

I find that:

(a) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including 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 the trade

groups, by inducing and maintaining united action of labor and

management under adequate governmental sanctions and supervis ion, by eliminating unfair competitive practices, by promoting the

fidlest possible utilization of the present productive capacity of

industries, by avoiding undue restriction of production (except as

may be teinporarily required), by increasing the consumption of

industrial and agricultural products through increasing pturchasiiing

power, by reducing and relieving unemployment, by improving stai(lnards of labor, and by otherwise rehabilitating industry.

(b) The Code as approved conplies in all re pects with the perti iienit provisions of stid Title of said Act, incoluding without limtitation silbsectionl (a) of Section 13 siibsectiot (a) of Section 7, '111d

sub4ection (b) of Section 10 thereof; atd that ti' :Ipplicallt associatioti is a trade associatioti truly reprwsenttittv" of the I 'forc'.aid

trad; 'i1el Ihat saiti associt ion impo- n 11o incjtit able restrictions on

adiitissioti to llliiersI>ip thereinl.
353

(c) The Code is not designed to and will not permit monopolies

or monopolistic practices.

(d) The Code is not designed to and will not eliminate or oppress

small enterprises and will not operate to discriminate against them.

(e) Those engaged in other steps of the econiomiic pr-ocess have

not been deprived of the right to be heard prior to approval of said

Code.

Accordingly. I hereby recommend the approval of the Code of

Fair Competition for the Household Goods Storage and Moving

Trade.

Respectf u1y,

Huun S. JoNsoN,

Administrator.

APRIL 14, 1934.
CODE OF FAIR COMPETITION FOR THE HOUSEHOLD

GOODS STORAGE AND MOVING TRADE

ARTICLE I-PURPOSE

To effectuate the policies of Title I of the National Industrial

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

Fair Competition for the Household Goods Storage and Moving

Trade, and shall be the standard of fair competition for such Trade

and shall be binding upon every member thereof.

ARTICLE II-DEFINITINS

1. (a.) The term " Trade " as used herein includes the furnishing

for a consideration of any or all of the services of storing or packing

of used household goods or used office furniture and equipment and

such other services incidental thereto as are cuistomari ly performed

by those engaged in performing such storing or packing services,

or moving (local or long distance) of used household goods or used

office furniture and equipment over publicly used roadways or within

or between buildings, provided that vehicles not engaged principally

in the transportation of used household goods or used office furniture

and equipment shall be exempted, except as otherwise in this Article

provided, from all the provisions of this Code, pending a Public

Hearing and determination by the Administrator on a date to be

set by him prior to June 15, 1934.

(b) The aforesaid exemption provided in this Article shall apply

to vehicles not principally engaged in transportation of used household goods or used office furniture. and equipment, even though they

may haul used household goods or used office furniture and equipment, if the revenue derived from such transportation of used household goods or used office furniture and equipment is less than ninety

(90) per cent of the total revenue derived through such vehicles.

The percentage of revenue derived through each vehicle shall be

determined as of the last six months of the calendar year 1933, or if

not operated during that entire period, during the tirst six months

of the operation of the vehicle, or in the event that the vehicle has

been operated less than six months, during the total period of its

operation.

(c) Ihe exempij )tion p rovided in thiis Article is granted on the

express cond it ion that when aim exeimipted vehicle hauls a van load

Of lse( h1oselhOil ii goods or tisod office funiiiire anu d equi pmient, from

or il anlV a rca were a Imem ihur of this Trade operates vehicles subject to all thIe provisions' of this Code the operator of such exempted

vehicle shall iot charge a rate for the service renldered less than

the lowest rate oil file witi the Code A itliority or appropriate

(354)
355

Administrative Board of this Trade for similar service in the particular locality.'

(d) At the hearing provided for above, evidence shall be presented to the Administrator and he shall thereafter make a determmation in respect to the modification or extension in whole or in part

of such exemption provided for in this Article. Said determination

by the Administrator shall become effective as a part of this Code.

(e) Each vehicle transporting used household goods or used office

furniture and equipment, not exempted under the terms of this

Article, shall be registered with the Code Authority for this Trade

or with the Code Authority for the Trucking Industry in such form

and manner as may be prescribed by the Administrator and such

registration shall contain a statement of the percentage of the total

revenue derived from the transportation of used household goods or

used office furniture and equipment during the last six months of the

calendar year 1933, or if the vehicle was not operated during that

entire period, during the first six months of operation, or in the

event that the vehicle has been operated less than six months, during

the total period of its operation.

(f) The Code Authority shall appoint two representatives who, with two representatives sinilarly appointed by the Code Authority

of any related trade or industry, shall have the power to review and

adjust all differences of the jurisdiction of this Code, subject to the

approval of the Administrator, and if they are unable to agree, the

matter shall be referred to and determined by the Administrator.

(g) The authorized representatives of the Code Authority of the

Trucking Industry shall have access to the registration lists of this

Trade, provided reciprocal authority is granted to the Code Authority

of this Trade to have access to the registration lists of that Industry. 2

2. The term " employee ", as used herein, includes any person

engaged in any phase of the. Trade in any capacity, however compensated, except a member of the Trade.

3. The term " employer ", as used herein includes any one in the

Trade by whom any employee is compensated or employed.

4. The term "member of the Trade ", as used herein, includes,

but without limitation, any individual, partnership, association, corporation or other form of enterprise engaged in the Trade, either as

an employer or on his or its own behalf.

5. The term " clerical and office employee ". as used herein, means

any employee engaged in the office, of a member of the Trade.

6. The terni " watchman ", as used herein, means any employee

principally engaged in watching plants, property and/or plant equipment.

7. The term " dispatcher ", as used herein, means any person

whose principal function is routing and checking the movement

of vehicles from the warehouse or garage.

8. The term " employee engaged in an executive or managerial

capacity ", as used herein, means any employee responsible for the

management of a business or of a recognized subdivision thereof.

9. The term "storage" as used herein, means the following services: the maintenance and operation of warehouse facilities for used

1 stayed-see paragraph 2 of order approving this Code.

2 See paragraph 2 of order approving this Code.

53919 0 -482-113-34-2
356

household goods or used office furniture and equipment, and such

other facilities as are incidental thereto.

10. The term " local moving ", as used herein, means all moving

within a radius of sixty (60) miles from the recognized center o

any town or city until such time as the Administrator on recommendation of the National Industrial Relations Board shall determine otherwise.

11. The term "long distance moving ", as used herein, means all

moving beyond a radius of sixty (60) miles from the recognized

center of any town or city until such time as the Administrator on

recommendation of the National Industrial Relations Board shall

determine otherwise.

12. The term " local inoving division ", as used herein, means

the members of the Trade engaged in local moving.

13. The term "long distance division ", as used herein, means the

members of the Trade engaged in long distance moving.

14. The term " Storage division ", as used herein, means the members of the Trade engaged in storage.

15. The term " division ", as used herein, means the members of

the Trade engaged in the classes enumerated in Section 12, 13 and

14 of this Article.

16. The terms " President ", "Act ", and "Administrator ", as used

herein, means respectively the President of tjhe United States, Title

I of the National Industrial Recovery Act, and the Administrator

for Industrial Recovery.

17. Population for the purposes of this Code shall be determined

by reference to the 1930 Federal Census.

18. The South is hereby defined to include Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Arkansas, Louisiana, Oklahoma, Texas, Kentucky and New

Mexico.

19. The North is hereby defined to mean the remaining portion of

the United States not included in the South.

20. The term " National Industrial Relations Board ", as used

herein, means the National Industrial Relations Board for this Trade,

as established in Section 13 of Article V of this Code.

21. For the purpose of administering this Code of Fair Competition for those engaged in the Trade as described in Section 1 of

this Article, the United States shall be divided as follows:

Region No. 1-Maine, New Hampshire, Vermont, Massachusetts,

Rhode Island and Connecticut.

Region No. 2-New York City (except Staten Island), Westchester County and Long Island.

Region No. 3-New York State (except Region No. 2), New Jersey, Pennsylvania and Delaware.

Region No. 4-Maryland, District of Columbia and West Virginia.

Region No. 5-North Carolina, Virginia, Kentucky and Tennessee.

Region No. 6-Zone A: Alabama, Mississippi, the City of New

Orleans (Louisiana), South Carolina and Georgia; Zone B: Florida.

Region No. 7-Ohio, Indiana, Michigan, Wisconsiii (except City

of Si iv e1 i or, Wisconsin) and Illinois (except the Metropolitan District of Cliicago).
357

Region No. 8-The Metropolitan District of Chicago, bounded

as follows: On the east by Lake Michigan; On the south by 147

Street; on the west bounded by a line drawn from Wheaton to

Downers Grove including the suburbs of Addison, Bellwood, Berwyn, Blue Island, Downers Grove, Elnihurst, Glen Ellyn, Hinsdale,

LaGrange, Lombard, Maywood, Melrose Park, Oak Lawn, Oak Park, River Forest, Riverside, Argo, Summit, Western Springs, Wheaton,

Willow Springs, Westinont, Villa Park, Brookfield, Cicero; Northern boundary to and including Waukegan.

Region No. 9-1Minnesota, North Dakota, South Dakota, and City

of Superior, Wisconsin.

Region No. 10-Iowa, Missouri, Kansas and Nebraska.

Region No. 11-Oklahoma, Texas, New Mexico, Arkansas, and

Louisiana, except the City of New Orleans.

Region No. 12-Wyoming, Montana, Colorado and Utah.

Region No. 13-Idaho, Washington and Oregon.

Region No. 14-Zone A: Nevada, California; Zone B: Arizona.

ARTICLE II-HOURs

1. Except as hereinbelow expressly provided otherwise:

(a) No employee engaged in clerical or office work, except one

dispatcher for each member of the Trade and one additional dispatcher for each additional warehouse or garage, from which dispatching is actually done, shall be permitted to work in excess of

forty (40) hours in any one (1) week nor more than six (6) days

in any seven (7) day period.

(b) No other employee, except an employee engaged as a, driver

or helper oii a vehicle engaged in local or long-distance moving, shall

be permitted to work in excess of forty-eight (48) hours in any

one week, nor more than six (6) days in any seven (7) day period.

All hours worked in excess of eight (8) hours in any one day shall

be compensated for by the employer at the rate of time and one

third (11/).

(c) No driver or helper on a vehicle engaged in local moving shall

be permitted to work in excess of ninety-six (96) hours in any consecutive two (2) week period, nor more than six (6) days in each

seven (7) day period. All hours worked in excess of eight (8) hours

per day by a driver or helper shall be considered overtime and shall

be compensated for at not less than the straight time of such driver

or helper for the first two (2) additional hours, and at not less than

the rate of time and one third (11 3 ) for all hours thereafter. All

hours worked in excess of forty-eight (48) hours in any one (1)

week shall be compensated for at the rate of time and one third

(11/). (d) No driver, or helper, on a vehicle engaged in long-distance

moving shall be permitted to work in excess of one hundred eight

(108) hours in any consecutive two (2) week period, nor one

hundred ninety-two (192) hours in any consecutive four (4) week

period, nor more than twelve (12) days in any fourteen (14) day

period. All hours in excess of forty-eight (48) in any one week

shall be compensated for at the rate of one and one third (11/)

the normal rate.
358

2. The maximum hours provided above shall not apply to any

employee engaged in any executive or managerial capacity, who receives thirty-five dollars ($35.00) or more per week in the North or

thirty dollars ($30.00) or more per week in the South, provided,

however, that in the event that such person is engaged in the performance of manual labor he shall not be permitted to work in

excess of the hours prescribed for such manual labor.

3. The maximum hours provided above shall not apply to outside

salesmen acting solely in the capacity of solicitors or estimators, performing no manual labor.

4. No watchmen shall be permitted to work more than fifty-six

(56) hours in any one week, nor more than six (6) days in any

seven (7) day period.

5. The maximum hours herein set forth shall not apply to any

employee on emergency repair work involving breakdowns or the

protection of life or property, but in any such special case all hours

worked in excess of his maximum herein set forth shall be compensated for at not less than the rate of time and one-third (11/3).

6. Due to the peak periods necessitated by the ending of customary leasing periods an employer may apply to the Administrator

through the appropriate Industrial Relations Board for authorization to permit employees to work a designated number of additional

hours for any four (4) weeks in any twenty-six (26) week period.

Such additional hours shall be compensated for at a rate of not less

than time and one-third (11/3). Discrimination between members

of the Trade shall not be permitted in the granting of such

authorization.

7. It shall be the duty of the Code Authority in cooperating with

the National Industrial Relations Board to investigate, collect data,

and report findings and recommendations to the Administrator as

soon as possible, but not later than November 1, 1934 with respect to

achieving and providing a normal eight (8) hour day for all employees with equitable overtime rates of pay for time worked beyond such normal eight (8) hour day, and for the purpose of generally

determining the feasibility and desirability of adopting a shorter

working day and week and improving the rates of pay, and terms

and conditions of employment for employees in the Trade over those

provided in the Code.

8. All time spent by an employee on or in any vehicle shall be considered time worked, regardless of whether sueh employee is engaged

in driving or in the performance of other labor, unless such employee

is a relief employee off duty engaged on a vehicle equipped with a

sleeping compartment. The National Industrial Relations Board

shall, within sixty (60) days after the effective date of this Code,

draw up definitions of " off-duty " and definitions of and regulations

for the practice known as " dead-heading." This Board shall also

submit recommendations within this period with regard to the

maxiiuim working day for long-distance moving. Such recomumenIat ions, regulations and definitions upon approval by the Administrator, shall become effective as a part of this Code.

9. No elnployer shall knowingly engage any employee already eiployed by another for any time which when totaled with the hours

of any other employment exceeds the maximnun weekly hours permitted herein.
359

ARTICLE IV-WAGES

1. No office employee or watchman shall be paid at less than the

rate of fifteen dollars ($15.00) per week.

2. No other employee except long-distance drivers and helpers

shall be paid less than the following minimum rates per hour:

Regions 1, 3, and 7-45 cents.

Regions 4, (except that in cities of 200,000 or more and the immediate trade areas thereof the rate shall be 45 cents) 9, 10, 12, 13 and

14 (Zone B)-40 cents.

Regions 5 and 11-35 cents.

Region 6-(Zone A)-30 cents, except that the minimum rate

shall be 35 cents in cities of 50,000 or more and the immediate Trade

areas thereof; (Zone B)-35 cents.

Region 14 (Zone A)-55 cents.

Regions 2 and 8-60 cents.

3. No driver or helper on a vehicle engaged in long-distance moving shall be paid less than forty-five cents (450) per hour in the

North nor less than thirty-five cents (350) per hour in the South.

In movements between thj North and South the minimum long-distance wage of the North shall apply whenever any part of the load

originates in the North. A committee constituted in the sa me manner as the National Industrial Relations Board shall recommend to

the Administrator within ninety (90) days of the effectiv-e date of

this Code minimum rates of compensation for reasonable expenses

incurred by employees engaged in long-distance moving, to be effective as a part of this Code when approved by the Administrator.

4. This Article establishes a minimum rate of pay regardless of

the basis upon which an employee is compensated.

5. No employee whose normal full-time weekly hours of employment for the week ending June 17, 1933, are reduced (by reason of

the adoption of this Code) by fifteen per cent (15%) or less, shall

have his full-time weekly earnings reduced. No employee whose

hours are reduced in excess of the said fifteen per cent (15%) shall

have his earnings reduced by more than fifty per cent (50%) of the

amount calculated by multiplying the reduction in hours in excess of

fifteen per cent (15%) by his hourly rate. A record of such adjustments shall be filed with the National Industrial Relations Board.

It is not the intent to modify established practices or privileges as

to vacation periods, leaves of absences, or temporary absences from

work heretofore granted to the employees.

ARTICLE V-GENERAL LABOR PRovISIONS

1. No person under twenty-one (21) years of age shall be engaged

as a chauffeur or driver of a commercial vehicle in this trade. No

person under eighteen (18) years of age, except office boys and girls

over sixteen (16) years of age, shall be employed in this Trade. In

any State an employer shall be deemed to have complied with this

provision if he shall have on file a certificate duly issued by the

authority empowered to issue employment certificates showing that

the employee is of the required age.

2. Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be
360

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

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

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

of collective bargaining or other mutual aid or protection.

3. No employee and no one seeking employment shall be required

as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of

his own choosing.

4. Employers shall comply with the maxinmm hours of labor,

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

or prescribed by the President.

5. No provisions in this Code shall supersede any Federal or State

law which imposes more stringent requirements on employers, regulating the age of employees, wages, hours of work, or health, safety

or general working conditions than are imposed under this Code.

6. Members of the Trade shall not reclassify employees or duties

of occupations, or engage in any other subterfuge, so as to defeat

the purpose or the provisions of the Act or of this Code.

7. Every employer shall protect his employees by Workmen's

Compensation Insurance according to the amounts reqiured by State

law or in the cases where a State has not enacted a compensation law

applicable to this Trade, according to the amounts set by the Long4horemen and Harbor Workers Compensation Act of March J. 1927,

Chapter 509, Section 1, 44 Statutes at Large 1424, as amended 70th

Congress, 1928. Chapter 612, 45 Statutes at Large 603.

8. No provision in this Code shall supersede provisions as to hours,

wages and conditions of employment which are established for specific projects by competent governmental authority acting in accordance with law.

9. Whereas the policy of the Act to increase real buying power will

be made impossible of consummation if existing standards of employment are lowered, bonafide agreements entered into between

employers and employees bargaining collectively during the period

of effectiveness of this Code should not, so far as reasonably possible, lower such existing standards of employment. This section is not to

be construed to permit any agreement contrary to the provisions of

this Code.

10. EeryN employer shall provide for the safety and health of

employees during the hours and at the places of their employment.

Standards for safety and health shall be submitted by the Code

Authority to the Adninistrator for approval within six (6) months

a fter the effective date of this Code.

11. An employer shall not make payment of wages due other than

il Ia witflil cIrre1(cy or by iegotiable check therefor payable on dei aI. Such wages shall be exempt, from any payments other than

ith unt aiy I 1paid by the wage 1Irners. or req ii red by State

aw ly perio(Is for w a ges sh all be at least at the end of every

a Iries I, lc.st at t the w end of w) \eL, rvy ii iMonth. :111 The1 PIf sI 1 

emll J I rV h()is ageSt shall arcept no rebates, directly or itidirectly,

])() gi* e ttt 1 hing of v'alt1e f11or extelid fIvors to Ill \ 'erson for the

p-post of i tetwilt" rates of wages or the workiuig conditions

of JIV mpovs

12. No imeiither of the Traule shall contract with any person for

the performiajice by such other person of services in the T rade with-
361

out making it a condition of the contract that such persons will, during the continuance of the contract, comply with the conditions

prescribed by this Code. Nor shall any contract be made covering

the services of this Trade which fails to provide compensation for

manual labor at least equal to the minimum rate per hour herein

prescribed. Nothing in this section shall be construed to forbid

bona fide contracts with railroads, freight forwarding, express or

steamship companies, insofar as such contracts relate to haulage in

ships or trains.

13. There shall be established a National Industrial Relations

Board for the Trade, consisting of two (2) representatives of members of the Trade, and two (2) representatives of employees of members of the Trade. This Board shall have the power to mediate, arbitrate and conciliate alleged violations and non-observance of the

labor provisions of this Code and disputes between employers and

employees and to make recommendations thereon to the Adiministrator: to provide, subject to the approval of the Administrator, rules for the selection of its own members and those of local Boards, and rules and regulations for procedure and conduct of these Boards;

to establish Regional, State, and Divisional Boards similarly constituted; and to provide for the selection of the members of these

Boards; and it shall also advise and cooperate with the Code Authority and the Administrator on all matters of industrial relations.

The rules and regulations prescribed shall include rules for reasonable notice to interested parties and for appeal from the Regional

State and Divisional Boards to the National Industrial Relations

Board and to the Administrator.

Until such time as an election of members of the National Industrial Relations Board is conducted as above provided and representatives so chosen assume membership on such Board, the employees'

representatives shall be appointed by the Administrator from a panel

of nominees submitted by the Labor Advisory Board of the National

Recovery Administration. The representatives of the Trade shall

be appointed by the Code Authority.

Whenever the National Industrial Relations Board is unable to

obtain a majority vote, it shall elect an impartial member to cast

the deciding vote, and in the event of a failure so to elect such a

member, the Administrator shall appoint him.

In the selection and functioning of the National Industrial Relations Board or of any Industrial Relations Board established under

rules made by it, the employees shall enjoy the protection extended

to them under Section 7 (a) of the Act.

14. Standards as to minimum rates of wages and maxinium hours

of labor such as may be necessary to effectuate the policies of Title

I of the Act may be established in the Trade for a specifically defined

region as a result of bona fide collective bargaining between truly

representative groups of employers and employees within the various

divisions or localities of this Trade. Such standards shall be presented to the President for approval. Upon approval, this standard

shall, in respect to the performance of service in the Trade within the

defined area, be binding upon all members of the Trade within the

specifically defined region of the Trade with the same force and

effect as the provisions of this Code.
362

15. Each member of the Trade shall comply with all rules and

regulations of the Administrator as to posting this Code or portions

thereof.

ARTICLE VI

1. Organ ization and constitution of Code Authority.

A. Temporary Code Authority.-The Administrator shall appoint

from fifteen (15) to twenty-one (21) members of the Trade who

shall act as the Code Authority until their successors are elected and

who shall arrange for the selection of Administrative Boards for

each of the Regions.

B. Regional Administrative Boards.-Each Regional Administrative Board shall be composed of six (6) members of the Trade who

shall elect a seventh member of the Trade to preside at its meetings

and to vote in the event of a tie. Each division of the Trade sliall

be represented by at least one member. Only members of the Trade

who subscribe to this Code, in the form prescribed by the Code Authority, and approved by the Administrator and who consent to pay

their proportionate share of the expenses of the Code Authority

shall be entitled to vote or hold office.

Three of the six members shall be elected as follows: Each member

of the Trade qualified to vote shall have one vote for each two

thousand (2.000) square feet of gross storage space located in the

region and registered with the Code Authority, and one vote for each

vehicle customarily garaged in the region and registered with the

Code Authority, but in no event shall have more than one hundred

(100) votes.

The remaining three of the six members shall be elected by the

members of the Trade qualified to vote. Each such member shall

have one vote.

C. Permamnt Code Authority.-Upon the completion of the election of all the Regional Administrative Boards they shall elect a

new Code Authority of fourteen (14) members, to serve for one (1)

year, the method of voting to be determined by the Code Authority

and approved by the Administrator. Each member of the Regional

Administrative Board may cast one (1) vote for each member of

the Code Authority to be selected but not more than two (2) members of the Code Authority shall be selected from one region. The

members of the Code Authority shall elect an impartial chairman

not a member of the Code Authority to preside at its meetings and to

vote in the event of a tie.

D. Local Adm in istrafi Boards.-The Code Authority shall, subject to the approval of the Administrator, prescribe rules and regulations for the formation by the Regional Administrative Bards

of Local Administrative Boards. The Regional Administrative

Bo"r-(I, sh all. in ac( ordace with such rules, make an investigation

of local cond itions in the various areas within the regions, and determini ie the geogra ph ical distribution of local trade areas, and cause

to be elected by the members of tihe Trade in the several trade areas

so determined, Admiinistrative Boairds who shall administer the (-'ode

fm- suh (I a reas.

Eaci n mcimber of 0th-e Trade may v()t e for each Local Adininistrativye Iard within I whose 0 jurisdiction a warehouse operated by him

is located, or a vehicle operated by lhim is customarily garaged. The
number of votes each member shall be entitled to cast shall be determined in the same manner as prescribed for the election of the

Regional Administrative Boards. Each division of the Trade shall

be represented by at least one (1) member.

E. Jurisdiction.-The Local Administrative Boards shall have

primary jurisdiction over the activities in the T rade carried on

within their respective areas, but the rules and regulations for their

procedure shall be reviewed by the Code Authority before becoming

effective. The Regional Administrative Board shall be the coordinating body for the Local Administrative Boards.

The Code Authority shall prescribe equitable rules and regulations

governing appeals by interested persons from the Local Administrative Boards to their respective Regional Administrative Boards

and from the Regional Administrative Boards to the Code Authority

and the Adhministrator and shall define the powers and duties of

such Boards.

F. Adminis5tra/ion Meinbers.-In addition to the representatives

selected as above prescribed the Administrator may appoint to the

Code Authority not more than three (3) additional members, without vote. who shall be given notice of and be entitled to be present

at all meetings of the Code Authority. The Administration members shall also be entitled to be present at all meetings of any Administrative Board.

2. Powrs and Duties.-The Code Authority shall have the following powers and duties to the extent permitted by the Act:

(a) To administer the provisions of the Code on behalf of the

Trade.

(b) To adopt by-laws, rules and regulations for its procedure for

the administration of the Code and for the adjustment of disputes

between members of the Trade arising thereunder.

(c) To obtain front members of the Trade such information and

reports as it deems necessary for the Administration of the Code.

To provide for submission by members of such informAtion and reports as the Administrator may deem necessary for the purposes

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

shall be submitted by members to such Administrative and/or Governmental Agencies as the Administrator may desiglnate; provided

that nothing in this Code shall relieve any member of the Trade of

any existing obligations to furnish reports to any governmental

agency. No identified individual reports shall be disclosed to any

person except a confidential agency designated by the Code Author.

ity, not a member of the Trade, and except to such governmental

agencies as may be directed by the Adninistrator.

(d) To prescribe the manner of certifying, or verifying all reports,

or information, to be furnished by the members of the Trade.

(e) To make recommendations to the Administrator based on conditions in the Trade as they may develop, which will tend to effectuate the provisions of this Code, and the policy of the Act, which

reconnendations, when approved by the A(lministrator, shall have

the same force and effect as a provision of this Code.

(f) To appoint such connittees and employ or designate such

agents, and delegate to them such duties and authority as may be

necessary.
364

(g) To pro-rate the reasonable share of the expenses of administration among the members of the Trade consenting to pay their

proportionate share on such basis as the Code Authority may deem

equitable and to empower each of the Regional and/or Local Administrative Boards to collect such expenses by any lawful means from

the members of the Trade which elected it.

(h) To cause to be formulated an accounting system and methods

of cost finding and/or estimating capable of use by all members of

the Trade. After such system and methods have been formulated

and approved by the Administrator full details concerning them

shall be made available to all members of the Trade. Thereafter,

all members of the Trade shall determine and/or estimate costs in

accordance with the principles of such methods.

3. If the Administrator shall determine that any action of the

Code Authority, or any Administrative Board or any agency thereof

may be unfair or unjust or contrary to the public interest, the Administrator 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 Administrative Board

or agency pending final action which shall not be effective unless the

Administrator approves or unless he shall fail to disapprove after

thirty (30) days' notice to him of intention to proceed with such

action in its original or modified form.

4. R1epre.sentati'e Character.-The Administrator may on his own

initiative. or on complaint of any member of the Trade, that the

Code Authority or any Administrative Board is not truly representative of the Trade, require a public hearing, and if lie shall find

that the Code Authority or any Administrative Board is not truly

representative, may require an appropriate modification in the

method of selection thereof.

5. Each trade or industrial association directly or indirectly participating in the selection or activities of the Code Authority or any

Administrative Board shall (a) impose no inequitable restriction on

membership. and (b) submit to the Administrator true copies of its

articles of association, by-laws, regulations, and any amendments

when made thereto, together with such other information as to membership, organization, and activities as the Administrator may deem

necessary to effectuate the purposes of the Act.

3. 1emhers of the Code Authority or Adininstrative Boardi vnot

partners.

(a) Nothing contained in this Code shall constitute the members

of the Code Authority or any Administrative Board partners for

any purpose. Nor shall any member of the Code Authority or any

Administrative Board be liable in any manner to anyone for any

:Rt of any other member, officer, agent or employee of the Code

Authority or anv Administrative Board. Nor shall any member of

the (1eA thority or any Adinistrative Board exercising reasonable d(iiigence in the conduct of his duties hereunder, he liable to

anyone for ainv action or omission to act under this Code. except

for his owl) wil hl inisfeasance or non-feasance.

(b) The Code Authlority and each Regional and Local Adhninistrativye Bioard, established pursuant to the provisions of this

Article, May, pijion submiission to and approval by the Administrator,
365

of its proposed certificate of incorporation and by-laws, incorporate

under the laws of any State in the United States or of the District

of Columbia. The powers, objects, and purposes of said corporations shall in all respects be limited to the powers, objects, and purposes of the Code Authority for the Household Goods Storage and

Moving Trade and the Regional and Local Administrative Boards

of the Household Goods Storage and Moving Trade as provided in

this Code, and the existence of the corporations shall be for the

duration of this Code.

7. Registration.

(a) Every member of the Trade shall within thirty (30) days

after the effective date of this Code, or within ten (10) days after

becoming a member of the Trade, and annually thereafter, register

his name, the number and type of vehicles operated, and gross warehouse space, together with such other information in such form

under such rules and regulations, and with such agency as may be

prescribed by the Code Authority with the approval of the Administrator, or as may be required by him.

(b) Each member of the Trade, on complying with the provisions

of paragraph (a) hereof, shall be issued an annual registration

certificate and registration insignia indicating such registration.

The cost of registering vehicles and furnishing insignia for the

same shall be assessed against the member registered.

(c) After forty-five (45) days after the effective date of this Code,

it shall be a violation of this Code for any member of the Trade to

operate any vehicle or warehouse without such registration insignia

prominently displayed at all times upon the outside of the vehicle

and in the office of the warehouse.

ARTICLE VII-TRADE PRACTICES

1. Open Prices.-Each member of the Trade shall file with the

appropriate Administrative Board in each area in which he solicits

business within forty-five (45) days after the effective date of this

Code a complete schedule of his individual terms, rates, tariffs,

prices, discounts, dock charges, and all other conditions relating to

charges for services in the Trade. Each such individual schedule

shall be posted in a conspicuous place in each office of such member

of the Trade and shall be available at the agency designated by the

Code Authority or appropriate Administrative Board for the perusal

of all persons interested. It shall be an unfair trade practice for

any member of the Trade to sell, offer to sell or otherwise provide

service except in accordance with his individual schedule. Any

member may, however, meet the filed price of a competitor whose

filed price is lower where such competitor actually quotes without

collusion a price to a customer or prospective customer, provided

that all facts relating to such transaction are immediately reported

to the appropriate Administrative Board. Any member of the Trade

may file a new schedule effective ten (10) days after filing.3

2. Such schedules shall provide a return for each service listed at

least equal to the sun of the wages necessary under this Code and to

compensate the direct labor required to perform such service and

all items of expenses and overhead required by the cost-accounting

8 See paragraph 2 of order approving this Code.
UNIVERSITY OF FLORIDA

3 66 11111111H 1111111111 3 1262 08582 8266

methods established for the Trade by the Code Authority and

approved by the Administrator.

The tariff rates or charges for each of the services listed in the

schedules shall be separate and distinct, and shall be named in

writing when making quotations, and such rates or charges shall be

assessed for each and every service performed.

3. The following unfair trade practices are prohibited:

(a) The making, causing, or knowingly permitting to be made

or published any false, materially inaccurate or deceptive statement

by way of advertisement or otherwise, whether concerning the type

of service rendered by the Trade, or otherwise, having the tendency

or capacity to mislead or deceive customers or prospective customers.

(b) The secret payment or allowance of rebates, refunds, commissions, credits, or unearned discounts whether in the form of

money or otherwise, or the secret extension to certain purchasers of

special services or privileges not extended to all purchasers on like

terms and conditions.

Rebating of any kind, including furnishing packing material

without proper charge, giving of free storage, free insurance or any

other form of discount or allowance.

(c) The soliciting of business after knowledge that a competitor

has secured a signed order for the work.

(d) Engaging in the long distance removal of used household

goods, or used office furniture and equipment, without requiring an

order signed by the shipper, or his agent, prior to the commencement

of the moving operation.

ARTICLE VIII-MODIFICATION

1. This Code and all the provisions thereof are expressly made subject to the right of the President, in accordance with the provisions

of subsection (b) of Section 10 of the National Industrial Recovery

Act, from time to 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 of this Code or any conditions imposed

by him upon his approval thereof.

2. This Code except as to provisions required by the Act, may be

modified on the basis of experience or changes in circumstances; such

modifications shall be based on the recommendations of the Code

Atithority or of any interested party or group or on the Administrator's own initiative and shall become effective on approval by

the President.

ARTICLE IX-MONOPOLIES

No provision of this Code shall be so applied as to permit monopolies or iiionopolistic practices, or to eliminate, oppress or discriminate - ga iist small enterprises.

ARTICLE X-En-t-m'ivE DATE

'Tihis Code shall become effective on the second Monday after

approval by the president.

A prove t( Cod e No. 399.

Jtegistry No. 171514.

0