Approved Code No. 337 Registry No. 701-35 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR CO,MPETITION 

FOR THE 

COAL DOCK INDUSTRY 

AS APPROVED ON MARCH 16, 1934 

WE DO OUR PART 

I .., 

A Dr; " ----

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1934 

\ 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 
This publication ls for sale by the Superintendent of Documents, Government 

Printing Office, Wa hington, D.C., and by district offices of the Bureau ot 

Foreign and Domestic Commerce. 

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. : Chamber of Commerce Building. 

Detroit, l\lich.: 801 First Kational 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. 

Loui. ville, Ky.: 408 Federal Building. 

l\lemphis, Tenn. : 229 Federal Building. 

Minneapolis, l\Iinn.: 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 Commer cial Trust Building. 

Pitt burgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Loui , l\Io. : 506 Olive Street. 

San Francisco, Calif. : 310 Customhou e. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 337 

CODE OF FAIR COMPETITION 

FOR THE 

COAL DOCK INDUSTRY 

As Approved on March 16, 1934 

ORDER 

CooE OF F .AIR COMPETITION FOR THE Co.AL D ocK 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 a Code of 

Fair Competition for the Coal Dock Industry, and hearin_gs having 

been duly held thereon and the annexed report on said Code, containing findings with respect thereto, having been made and directed 

to the President: 

NOW THEREFORE, on behalf of the President of the United 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order No. 6543-A, dated December 

30, 1933, and otherwise; do hereby incorporate by reference said 

annexed report and do find that said Code complies in all respects 

with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said Code 

of Fair Competition be and it is hereby approved. 

HUGH 8. JOHNSON, 

Admin-istrator for Industrial Recovery. 

Approval recommended: 

K. M. SIMPSON' 

Division Administrator. 

By R. W. LE.A, 

Ass-istant Admin-istrator for Industry. 

w .ASHINGTON, D.C. 

111 arch 16, 1934. 

(99) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White H ou,se. 

Srn: This is a report on the Code of Fair Competition for the 

Coal Dock Industry as revised after a public hearing conducted in 

Washington, D.C.:.t. on November 15, 1933, in accordance with the 

provisions of the .National Industrial Recovery Act. 

THE INDUSTRY 

The operations of the Coal Dock Industry consist of the unloading 

of coal from vessels by the use of dock machinery and equipment 

and dock labor, storing, processing the coal where necessary, and 

reloading it into railroad cars or trucks and, in some instances, into 

vessels or tugs for bunker coal. In the New England Division where 

navigation is open all year around, the docks are comparatively 

small since only a small amount of coal needs to be stored upon them 

sufficient to insure continuous operation between the arrival of vessels. 

In the Northwest Division where navigation on the upper lakes is 

closed from approximately December 1st to May 1st of each year 

on account of frozen harbors, the docks are comparatively large as 

they must provide sufficient storage capacity to supply the communities of the Northwest with coal through their bitter winters. 

Our Planning and Research Division reports that the Coal Dock 

Industry sold approximately 27,517,000 tons of coal in 1929 valued 

at $128,342,000 as compared with 20,075,000 tons in 1933 valued at 

$89,127,000. The reduction in tonnage and value since 1929 is due to 

severe competition with oil and gas as well as the general business 

depression. 

WAGE AND HOUR PROVISIONS 

Estimated Eff ect.-During 1929 approximatel,Y 5,750 wage earners 

were employed in the Coal Dock Industry. It 1s estimated that the 

hour provisions of this Code will add 750 employees to this Industry's 

payroll, increasing employment approximately 15% over the 1933 

employment total. It is estimated that the payrolls will increase 

almost proportionately, or between 15% and 20% over the 1933 

payroll total. 

NORTHWEST DIVISION 

Normal Hours.-Watchmen forty-eight (48) hours per week with 

one day off each week; other employees eight (8) hours per day, 

forty ( 40) hours per week. Exceptions include executives, officers 

and supervisory employees receiving $35 or more per week and 

outside c::alesmen. 

(100) 
101 

Minimwm Wages.-$15 per week for clerical employees; forty ( 40) 

cents per hour for watchmen; forty-five (45) cents per hour for other 

employees. Further provision is made that all employers shall maintain the same hourly rate differential ( expressed in percentage of the 

hourly rate) between the different classes of employees as existed as 

of June 1, 1933, but this provision shall not apply to executives, 

officers and employees acting in a supervisory capacity receiving $35 

or more per week. 

Overtime Penalty.-In cases of accident or when longer hours are 

necessary to discharge cargo from waiting vessels or to provide for 

the necessities of dependent communities in extreme weather, longer 

hours may be worked, but in no event more than 350 hours in any 

two calendar months, provided that overtime be paid for at the rate 

of time and one-half, except for watchmen who shall be paid straight 

time. 

Age Lirnit.-The employment of any person under eighteen (18) 

years is prohibited. 

NEW ENGLAND DIVISION 

Nor1nal Howrs.-For clerical employees eight (8) hours per day; 

forty-two (42) hours per week for eight (8) months and thirty-six 

( 36) hours per week for the ren1aining four ( 4) months of the year. 

For employees engaged directly in connection with unloading, storage and delivery service, eight (8) hours per day, forty-eight ( 48) 

hours per week during eight (8) months and forty (40) hours per 

week for the remaining four ( 4) months of the year. Exceptions 

include executives and supervisory employees receivin~ not less 

than certain specified salaries, branch coal dock managers 1n ports of 

less than 15,000 population, watchmen and outside salesmen. 

Minimwm Wages.-Fifty ( 50) cents per hour in the port of Boston, forty ( 40) cents per hour in other New England ports. The 

weekly wage of any clerical or office employee shall not be less than 

forty ( 40) times the hourly rate l?rovided for in any locality. 

Overtime Penalt;y.-Provision 1s made for payment at the rate o:f 

time and one-half tor any hours worked in excess of any normal day 

or week. 

Age Lvmit.-The employment of any person under eighteen (18) 

years is prohibited. 

VESSEL FUELING DIVISION 

N ormcDl H ours.-Forty ( 40) hours per week from December 16 

to March 31, inclusive; fifty-six (56) hours per week during the 

season of navigation on the Great Lakes (April 1 to Dece1nber 15, 

inclusive). Exceptions include executives, officers and employees 

acting in supervisory capacity receiving $35 or more per week. 

Mvnimwm Wages.-$15 per week for clerical employees; forty ( 40) 

cents per hour for all other employees including watchmen. Further provision is made that all employers shall maintain the same 

hourly rate differential ( expressed in percentage of the hourly rate) 

between the different classes of employees as existed as of June 1.1 

1933, but this provision shall not apply to executives, officers and 
102 

employees acting in a supervisory capacity rece1v1ng $35 or more 

per week. 

Overtime Penal,ty.-Provision is made for payment at the ratk} 

o-f time and one-half for any hours worked in excess of the normal 

week. 

Age Limit.-The employment of any person under eighteen (18) 

years of age is prohibit€d. 

Further provision is ma.de for the establishment of a committee 

of five members consisting of two members of the Industry to be 

selected by the Vessel Fueling Divisional Code Authority and two 

members representing labor appointed by the Labor Advisory Board 

of the National Recovery Administration and the Administration 

member of the Vessel Fueling Divisional Code Authority who shall 

conduct an investigation regarding the wage rates and maximum 

hours provided herein and make its report and recommendation to 

the Administrator through the Divisional Code Authority within 

ninety days from the effective date of this Code. 

MARKETING PROVISIONS 

No provision is made for any price regulation except that every 

member of the Industry shall so conduct his business as to avoid 

discrimination against any class or group of customers. Each member of the Industry shall within ten days after the effective date 

of this Code file with the Divisional Code Authority a list showing prices, terms and conditions of sale, other than solely at retail, 

for each grade, quantity and size of coal for each class of purchaser 

which such member of the Industry expects to sell, and the listed 

charges for handling services classified as to grade, size and quantity 

of coal which such member of the Industry expects to handle and 

the terms and conditions applicable thereto. Such lists of price 

and charg,es shall become effective immediately upon receipt by the 

member of the Industry filing them of notice from the Divisional 

Code Authority of their receipt and filing, which notice shall be 

mailed by the Divi ional Code Authority within twenty-four hours 

after receipt of the proposed charges and prices. Listed prices and 

charges may be revised from time to time by the member of the 

Industry filing revised lists of prices and char~es with the Divisional 

Code Authority which shall become effective 1n the same manner as 

proYided in the case of the original filing. A report of all sales 

showing quantities and prices shall be filed by each member of the 

Industry with the Divisional Code Authority immediately. 

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 procee<lino- 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 fro- vide for the general welfare by promoting the organization o in-
103 

dustry 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 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) Said Industry normally employs not more than 50,000 employees; and is not classifird by me as a major industry. 

( c) The Code as approved 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; and that the applicant groups 

and association are industrial groups and association truly representative of the aforesaid Industry; and that said groups and association impose no inequitable restrictions on admission to membership therein. 

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

or monopolistic practices. 

( e) The Code is 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 

Code. 

For these reasons the Code has been approved. 

Respectfully, 

HUGH s. JOHNSON, 

A dm,inistrator. 

MARCH 16, 1934. 
CODE OF FAIR COMPETITION FOR THE COAL DOCK 

INDUSTRY 

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 Coal Dock Industry, and shall be binding on all the members thereof. 

ARTICLE I-DEFINITIONS 

SECTION 1. "Coal" shall mean any anthracite, semi-anthracite, 

bituminous, emi-bituminous, or lignite coal, briquettes, boulets, coke, 

gas-house coke, petroleum coke, petroleum carbon, or any manufactured or patented fuel not sold by liquid or metered measure, fuel 

wood or wood-fuel products. 

SECTION 2. " Wholesaling " shall mean the selling or selling anq. 

delivering of coal in railroad cars or cargo vessels, subject, however, 

to the provisions of Article VI, Section 11, of this Code. 

SECTION 3. "Retailing" shall mean the selling or selling and delivering of coal in other than railroad cars or cargo vessels subject, 

however, to the provisions of Article VI, Section 11, of this Code. 

SECTION 4. " The Coal Dock Industry " or " Industry " shall mean 

the discharging from vessels at any private dock of coal for sale, 

other than solely at retail or the selling, other than solely at retail, 

of coal so discharged ( or both so discharging and so selling) and 

bunkering vessel with coal from docks equipped to receive coal by 

water and to store it ( whether or not coal also is or can be received by rail} 

SECTION 5. ':Member of the Industry" means all those engaged in 

the Coal Dock Indu try. The retail operations of members of the 

Industry are not embraced within this Code but are covered by the 

Retail Solid Fuel Industry Code. 

ECTION 6. "President", "Act", "Administrator", shall mean 

re pectively the President of the United States, the National Industrial Recovery Act, and the Admini trator under Title I of such Act. 

SECTION 7. "Employee" shall mean any one engaged in the Coal 

Do ·k Indu try in any capacity receiving compensation for his serv- ice , irrespective of the nature or method of such compensation, except a member of the Industry. 

SECTION 8. ' Employer" shall mean any one by whom any employee i compensated or employed. 

SECTIO)r 9. Population for the purposes of this Code shall be determined by reference to the latest Federal census, and as applied 

to any particular city the population for the metropolitan area as 

giv n in such cen us shall be u ed. 

(104) 
105 

ARTICLE II-Drvr IONS 

For the purposes of this Code, the Industry shall be divided into 

separate divisions, as follows: 

1. N orth1oest Division, which shall include ports on Lake Superior, St. Mary's River, and on the west bank of Lake Michigan north 

of the State of IlliI).ois, excluding ve sel fueling operations under the 

jurisdiction of the Ves el Fueling Division. · 

2. New England Division, which shall include pents in the States 

of Main, New Hampshire, Massachusett , Connecticut, Rhode Island, 

and Vermont. 

3. Vessel Fueling Division, which shall include vessel fueling operations on the Great Lakes and tributary waters. 

Other separate divisions may be created and extensions to the 

above divisions may be made where circumstances indicate such 

action is appropriate; but the provisions of this Code shall not apply 

in any territory outside of the New England Division, the Northwest Division, and the Vessel Fueling Division, unless and until 

such other Divisions are created by appropriate amendments to this 

Code. 

ARTICLE III-EMPLOYEE RELATIONS 

SECTION 1. Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and 

shall be free from the interference, restraint, or coercion of em.-

players 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. 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 o:f 

his own choosing. Employers shall comply with the maximum 

hours of labor, minimum rates of pay, and other conditions of employment, approved or prescribed by the President. 

SECTION 2. This article establishes minimum rates of pay which 

hall apply irrespective of whether an employee is actually compensated on a time rate, piece work, or other basis. 

SECTION 3. An employer shall make payment of all wages, when 

due, in lawful currency or by negotiable check therefor, payable on 

demand. These wages shall be exempt from any payments for pensions, insurance, or sick benefits other than those voluntarily paid 

by the wage earners, or required by State laws. Employers shall 

establish regular semi-monthly pay days, splitting the month so as 

to provide reasonable time (not to exceed 10 days) for the preparation of pav rolls. 

SECTION 4. An employee shall be paid at least his normal rate o:f 

pay for all hours required to be spent at the place of employment or 

in connection with the di charge of duties of such employment. 

SECTION 5. No member of the Industry shall employ any person 

under the age of eighteen ( 18) years. 

SECTION 6. No employer shall as a subterfuge so as to defeat the 

purposes or provisions of the Act or this Code reclassify employees 

46826°--425-88-34-2 
106 

or dutie of occupation. performed or engage in any other such 

subterfu o-e. 

SECTIO~ 7. Every employer shall make reasonable provision for 

the safety of his employees at the place and during the hours of their 

employment. 

SECTION 8. No employee shall be dismi~ ed by reason of making 

a complaint or giving evidence with re pect to a violation of this 

Code. 

SECTION 9. Each employer shall post and keep posted in ten point 

type or larger the full Labor Provisions of this Code applicable to 

hi · Divi ion and the name and addres of the nearest official place 

where Code violations may be reported, in conspicuous places readily 

accessible to the employee . SECTION 10. Northwest Div-ision.-A. The maximum hours for all • 

employees ( except executives, officers and employees acting in a 

supervisory capacity receiving $35.00 or more per week, outside salesmen and watchmen) shall be eight hours per day and forty ( 40) 

hours per week; provided, however, that in cases of a.ccident, or when 

longer hours are necessary to discharge cargo from waiting vessels 

or to provide for the nece ·ities of dependent communities in extreme 

weather, longer hours may be worked, but in no event more than 350 

hours in any two calendar months; provided, further, that time and 

one-half shall be paid for hours worked in excess of eight (8) hours 

per day or in excess of forty ( 40) hours per week, and time and onehalf shall be paid for hour worked on Sundays and holidays, except 

for watchmen, who shall be paid straight time. Truck drivers and 

helpers shall not be considered outside salesmen. The maximum 

hours for watchmen shall be :forty-eight hours per week and they 

shall have one day off each week. 

B. The minimum rates of pay for clerical employees shall be not 

less than $15.00 per week. 

C. The minimum hourly rate which shall be paid to employees, 

other than clerical employees and watchmen, shall be forty-five cents 

( 45·¢) . The minimmn hourly rate for watchmen shall be forty 

cent ( 40¢). 

D. No employer shall pay any employee an hourly wage rate 

which will yield a le ser weekly wage for the full time week of 40 

hour e tabli hed in this Code than uch employee could have earned 

for the ame class of work for a full time week of 48 hours at the 

hourly rate prevailing as of June 1, 1933, but this shall not increa e 

the minimum hourly rate in this Division on docks on Lake Michigan. (Thi mean 48 times the hourly rate a of June 1, 1933, 

divided by 40 or a 20% increase in the hourly rates which prevailed 

as of June 1, 1933, except that it shall not increase the minimum 

hourly rate in thi Division on dock on Lake :Michigan.) 

E. All employer shall maintain the ame hourly rate differential 

( exr re sed in percentage of the hourly rate) between the different 

cla s : of employees as exi. ted a of June 1, 1933, but this provision 

shall not apply to xecutiv ._ offic r an l employ es acting in a supervisory capacity re eivinO' $35.00 or more per we k. 

ECTIO 11. N w England Divi ·ion.-A. Except as hereinafter 

expre ly stipulat d otherwi e-
107 

(1) No employee engaged directly in connection with unloading, 

storage and delivery service shall be permitted to ·work more than 

8 hours per day or 40 hours per week from l\fay 1 to August 31, 

inclusive, or for such alternate four month per year a may be substituted therefor by the Divi ional Code Authority unless1 during 

this period, all hour worked in exce s of 8 hours per day or 1n excess 

of 40 hours per week are paid for at the rate of time and one-half. 

For the remaining 8 months of each year no employee shall be permitted to work more than 8 hours per day nor more than 48 hours 

per week unles time and one-half is paid for each hour in excess of 

8 hours per day or in excess of 48 hours per week. 

(2) No clerical employees shall be permitted to work more than 

8 hours per day or 36 hours per week for the period from May 1 

to Augu t 31, inclusive, or for such alternate four-months' period 

per year a may be ub tituted therefor by the Divi ional Code Authority unless, during this period, all hour worked in excess of 8 

hours per day or in exce of 36 hours per week are paid for at 

the rate of time and one-half. For the remaining 8 months of 

each year no clerical employee shall be permitted to work more 

than 8 hours per day or 42 hours per week, unles time and one-half . 

is paid for each hour in excess of 8 hours per day or in exce s of 

42 hours per week. 

B. The maximum hours fixed in the foregoing ection hall not 

apply to-

(1) Executive and supervisory employees receiving not les than 

$35.00 per week in any port of 100,000 population or more and its 

trade area; not less than $30.00 per week in any port of less than 

100,000 and it trade area. 

(2) Branch coal dock managers in port of less than 15,000 population, which ports are not part of a larger trade area, each branch 

coal dock to be restricted to one branch coal dock manager. 

(3) Watchmen. 

( 4) Outside salesmen, provided that employees engaged in unloadinO', loading, storage o-r deliYery service shall not be clas ified 

as out ide salesmen. 

C. Subject to the exceptions noted in sub- ections F and G of this 

section no employee shall be paid less than the following hourly 

rate of wage , whether such wage are calculated upon a time, piecework, commis ion, or other basis: 

Port of BoRton _________________________________________ 50 cents 

All other New England ports __________________________ 40 cent 

D. (1) Except as hereinafter provided, no hourly, daily, or weekly 

rates of pay hall be reduced below those in effect on July 1, 1933. 

(2) Except as to clerical or office employees-no employee whose 

full time weekly hour as of July 1, 1933, are reduced by 20% or less, 

~hall have hi full time weekly earnings as of July 1, 1933, reduced. 

No employee who e full time weekly hours a of July 1, 1933, are 

reduced by more than 20% shall have his full time weekly earnings 

as of July 1, 1933 reduced by more than one-half of the percentage 

reduction in hour in exce. of 20%. 

E. The weekly wage of any clerical or office employee shall not be 

less than that proYided by 40 time the hourly rate in sub ection 0 
108 

for the port specified, regardless of whether the week worked is on 

a ba is of 36 hours or 42 hours as provided in subsection A (2), but 

in no case less than $14.00 per week. Part time clerical or office 

employees hall be paid not less than the hourly rate in subsection 

C for the port specified, but in no ca e less than 35¢ per hour for each 

hour worked. 

F. Employees engaged solely to store solid fuel in or about the 

premi e of the consumer may be paid on a tonnage basis in those 

trade areas where an established schedule of tonnage rates for such 

work has been in effect since 1929, and shall be paid not less than the 

1929 tonnage rates, which shall be subject to the approval of the 

Divisional Code Authority and the Administrator, and it shall be 

the duty of the Divisional Code Authority to fix and report such 

1929 tonnage rates within 30 days after the effective date of this 

Code. 

G. Superannuated employees or those who are physically incapable 

of performing manual labor, and office workers with less than six 

months' prev10us office experience shall be paid not less than 75% 

of the minimum wages prescribed in subsection C, provided that the 

number of such employees at any one time shall not exceed 10% of 

· the total number of dock, office, aud service employees, provided, 

however, that any dock with less than ten uch employees may employ 

one such sub-minimum employee. 

H. The weekly wages of any salesman, regardless of whether he 

be compensated upon a commission or salary basis or both, shall not, 

unless specifically approved in writing by the Divisional Code 

Authority, be less than 40 times the hourly rate provided in subection C of this section for the port specified. 

I. The use of contractors, sub-contractors, haulers, truckers, or 

others, to perform any of the functions of this industry is prohibited 

unles the employees of such contractors, sub-contractors, haulers, 

truckers or other employers shall receive wages as high and shall be 

required to work hours not in excess of those provided for in this 

Section for employees in the same classification of this industry. 

SECTION 12. Vessel Fueling Division.-A. Because the docks provide twenty-four (24) hour continuous service by reason of the seasonal nature of the operations and because of the international competition, the maximum hours for all employees ( except executives, 

officers and employees acting in a supervisory capacity receiving 

$35.00 or more per -week) shall be fifty-six hours per week, during the 

season of navigation on the Great Lakes, vi~., from April 1 to December 15, inclusive, and forty ( 40) hours per week during the period 

from December 16 to March 31, inclusive, except in cases of accidents 

or emergencie , provided, however, that all time worked in excess of 

fifty-six (56) hours per week from April 1 to December 15, inclusive, 

and all time worked in excess of forty ( 40) hours per week from 

December 16 to March 31, inclu ive, shall be compensated for at 

the rate of time and one-half. 

B. The minimum rates of pay for clerical employees shall be not 

less than $15.00 per week. 

C. The minimum hourly rate for employees (including watchmen) other than clerical, hall be forty cents ( 40¢). 
109 

D. All employers shall maintain the same hourly rate differential 

( expressed in percentage of the hourly rate) between the different 

classes of employees as existed as of June 1, 1933, but this provision 

shall not apply to executives, officers, and employees acting in a 

supervisory capacity receiving $35.00 or more per week. 

E. There shall be established a committee of five ( 5) membersconsisting of two (2) members of the Industry to be selected by the 

Vessel Fueling Divisional Code Authority; two (2) members representing labor appointed by the Labor Advisory Board of the National Recovery Administration ; and the Administration member 

of the Vessel Fueling Divisional Code Authority-who shall conduct 

an investigation regarding the wage rates and maximum hours provided herein, and make its report and recommendation to the Administrator through the Divisional Code Authority within ninety 

(90) days from the effective date 0£ this Code. 

ARTICLE IV-MARKETING 

SECTION 1. Each member of the Industry shall so conduct his 

business as to avoid discrimination against any class or group of 

customers by unfair or disproportionate allocation of his total cost 

and no member of the Industry shall sell or handle any coal at a 

price or charge less than his listed price for that grade, quantity 

and size established as provided in the following section. 

SECTION 2. Each member of the Industry shall, within ten (10) 

days after the effective date of this Code, file with the Divisional 

Code Authority a list showing the prices and terms and conditions 

of sale other than solely at retail for each grade, quantity, and size 

of coal for each class of purchasers which such member of the 

Industry expects to sell, and a list of charges for handling services 

classified as to grade, size, and quantity of coal which such member 

of the Industry expects to handle, and the terms and conditions 

applicable thereto. Such lists of prices and charges shall become 

effective immediately upon receipt by the :Member of the Industry 

fl.line; them of notice from the Divisional Code Authority of their 

receipt and filing, which notice shall be mailed by the Divisional 

Code Authority within twenty-four hours after receipt of the proposed charges and/rices. 

SECTION 3. Liste prices and charges may be revised from time to 

time by the Member of the Industry filing them, by filing revised 

lists of prices and charges with the Divisional Code Authority, 

which shall become effective in the same manner as provided for the 

ori_ginal filing thereof. 

SECTION 4. A report of all sales, showing quantity and prices, 

shall be filed by each member of the Industry with the Divisional 

Code Authority immediately. 

ARTICLE V-UNFAIR TRADE PRACTICES 

SECTION 1.-The following practices shall constitute unfair methods of competition. Any member of the Industry who shall be found 

to have engaged in such practices, or any of them, shall be deemed 
110 

to have violated the Act and this Code, and shall be subject to the 

penalties imposed by the Act and this Code. 

(1) The handling, or selling, or offering for sale of coal at less 

than the price or charge established under this Code. 

(2) The secret offering or making of any payment or allowance 

of a rebate, refund, commission, credit, unearned discount, or excess 

allowance, whether in the form of money or otherwise, and the offering or extending to any customer any special service or privilege not 

extended to all customers of the same class, for the purpose o:f 

influencing a sale. 

(3) The predating or postdating of any invoices or contracts for 

the purchase or sale of coal except to conform to a bona fide agreement for the purchase or sale entered into on the predate. 

( 4) The intentional misrepresentation of analyses or sizes, or intentional making, causing or permitting to be made, or publishing 

of any false, untrue, misleading, or deceptive statement, by way of 

advertisement, invoice, or otherwise, concerning the size, quantity, 

character, nature, preparation, or origin of any coal bought or sold. 

(5) The giving or permitting to be given, or directly offering to 

give, anything of value for the purpose of influencing or rewarding 

the action of any employee, agent 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; provided that this shall not prohibit free and general distribution of articles commonly used for 

advertising except insofar as such articles are actually used for 

commercial bribery as hereinabove defined. 

( 6) The making of, or causing or permitting to be made, any statement which refers inaccurately in any material particular to any 

com:petitors or their products, prices, values, credit terms, policies or 

services. 

(7) Inducing or attempting to induce the breach of an existing 

contract between a competitor and his customer or source of supply, 

or interfering with or obstructing the performance of such contractual duties or services. 

(8) The prepayment of freight charges with the intent or with the 

effect of granting discriminatory credit allowances. 

( 9) The sale or offering for sale of coal of a certain kind or size 

at a price appropriate for such coal with ·the secret understanding 

that coal of other quality, size, or preparation, listed at or generally 

commanding a higher price, will be delivered; or delivery of coal 

inferior to that agreed to be delivered upon a sale. 

(10) The splitting or dividing of com.missions, or discounts or the 

use of commissions or sales agency in any manner through sham or 

indirection for making discounts, allowances or rebates or prices 

other than those determined as provided in this Code. 

-(11) Delivery by trucks from docks at less than the filed price on 

trucks at the docks plus the filed charges for the delivery as listed 

with the Divisional Code Authority. 

(12) No member of the Industry shall join or participate with 

other members of the Industry who with such member constitute a 

substantial number of members of the Industry or who together 

control a substantial percentage of the business in any specific prod-
111 

uct or products of the Industry, in any transaction known in law as 

a black list, including any practice or device (such as a white list), 

which accomplishes the purpose of a black list. 

SECTION 2. Members of the Industry shall supply to all customers 

a statement of the unfair trade practices as listed in Section 1 of this 

Article. 

ARTICLE VI-ADMINISTRATION 

SECTION 1. A Divisional Code Authority to supervise the administration and enforcement of the Code for each Division is hereby 

created, the members respectively to be selected in the following 

manner: 

A general meeting of the members of the Industry within each 

Division shall be held within five days after the effective date of this 

Code to select the voting members of the Divisional Code Authority 

for each Division, provided that each such Divisional Code Authority 

shall have a Divisional Member designated by the Administrator, 

without vote but with power of veto. At such meetings the members 

of the Industry shall vote both by tonnage (which shall be the total 

tonnage of coal sold by each such member during the calendar year 

1933) and as individual operators, and it shall require a majority 

vote both in tonnage and numbers to elect. In the event a majority 

in both tonnage and numbers is impossible, then by such other eqmtable method of voting as may be agreed upon by the respective meetings and approved by the Administrator. 

(a) In the Northwest Division the Divisional Code Authority shall 

consist of six voting members, three of whom shall represent Lake 

Superior docks and three of whom shall represent Lake Michigan 

docks. 

(b) In the New England Division the Divisional Code Authority 

shall consist of nine voting members; provided, however, that tonnage sold to any corporat10n controlled by, or which controls, or 

which is controlled by the same person as a member of the Industry 

shall not be included in the tonnage to which such member of the 

Industry is entitled to vote. "Control" means ownership of over 

fift,Y per cent of the voting capital stock. 

( c) In the vessel Fueling Division the Divisional Code Authority 

shall consist of three voting members. 

SECTION 2. There shall be established within 10 days after the 

effective date of this Code in each Division a Board which shall consist of three members appointed by the Divisional Code Authority., 

who may or may not be members of the Industry, as the Divisional 

Code Authority may determine, whose duties shall be to review the 

listed prices and charges and to conduct a continuing study of 

the facts underlying such listed prices and charges, and to observe the 

effect of such prices and charges on the Industry and the public. The 

Divisional Code Authority member, without vote, appointed by 

the Administrator shall be free to attend meetings of this Board and 

shall have free access to all its records. In the event that the Board 

shall find that prices and charges filed with the Divisional Code 

Authority in accordance with the provisions of Article IV are unfair 

to the public or destructive to the Indust~y, or both, the Board shall 

re.port such findings to the Divisional Code Authority. All com-
112 

plaints with respect to the listed prices and charges that may come 

to the Divisional Code Authority shall be referred to such Board 

for consideration. 

SECTION 3. Each tr.ade or industrial association participating in 

the selection or activities of the Divisional Code Authority shall 

(1) impose no inequitable restrictions on membership, and (2) sub~ 

mit to the Administrator true copies of its Articles of Association, 

By-laws, regulations, and any amendments when made thereto, together with such other inform.ation as to membership, organization, 

and activities as the Administrator may deem necessary to effectuate 

the purposes of the Act. 

SECTION 4. In order that the Divisional Code Authority shall at 

all times be truly representative of the Industry and in other respects 

comply with the provisions of the Act, the Administrator may prescribe such hearings as he may deem proper; and thereafter if he 

shall find that the Divisional Code Authority is not truly representative or does not in other respects comply with the provisions of the 

Ac.t, may require an appropriate modification in the method of selection of the Divisional Code Authority. 

SECTION 5. Any action, rule or regulation of any Divisional Code 

Authority shall be promptly reported to the Administrator, and after 

such notice and hearing as he may prescribe shall be subject to review and disapproval by him. vVhenever any action of a Divisional 

Code Authority is vetoed by the Administration member thereof, the 

veto shall be subject to review by the Administrator and may be reversed by him. If the Administrator at any time shall determine 

that any action of a Divisional Code Authority 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 Divisional Code Authority or agency pending 

final action which shall not be effective unless the Administrator 

approves or unless he shall fail to disapprove after thirty days' notice 

to him of intention to proceed with such action in its original or 

modified form. 

SECTION 6. :Members of the industry shall be entitled to participate 

in and share the benefits of the activities of the Divisional Code 

Authority and to participate in the selection of the memoors thereof 

by assenting to and complying with the requirements of this Code 

and sustaining their reasonable share of the expenses of its admini tration. Such reasonable share of the expenses of administration 

shall be determined by the Divisional Code Authority, subject to 

review by the Administrator, on the basis of volume of business and 

such other factors as may be deemed equitable. 

SECTION 7. Nothing contained in this Code shall constitute the 

members of the Divisional Code Authority partners for any purpose. 

Nor shall any member of the Divisional Code Authority be liable 

in any manner to anyone for any act of any other member, officer

agent or employee of the Divisional Code Authority. Nor shal 1 

any member of the Divisional 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 willful misfeasance or nonfeasance. 
113 

, 

SECTION 8. Each Divisional Code Authority sh3.ll have the following further powers and duties, subject to such rules and regulations as may be issued by the Administrator : 

(a) T o insure the execution of the provisions of this Code and 

provide for the compliance of the Industry with the provision of 

the Act. 

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

and for the administration and enforcement of the Code. 

( c) To obtain from Members of the Industry in its Division such 

inf ormation and reports as are required :for the administration of 

its Code and 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 

r eports shall be submitted by members to such administrative or 

government agencies as the Administrator may designate; provided 

that nothing in this Code shall relieve any memoor of the Industry 

of any existing obligations to furnish reports to any government 

agency. No individual reports shall be disclosed to any party except_ to such governmental agencies as may be directed by the Adm1n1strator. 

( d) To make recommendations to the Administrator for the coordination of the administration of this Code with such other codes, 

if any, as may be related to the Industry. 

(e) To secure from members of the Industry in its Division an 

equitable and proportionate payment of the reasonable expenses of 

maintaining the Divisional Code Authority and its activities. 

(f) To cooperate with the Administrator in regulating the use 

of any N.R.A. insignia solely by those members of the Industry in 

the Division who have assented to, and are complying with, this_ 

Code. 

(g) To recommend to the Administrator further fair trade practice provisions to govern members of the Industry in their relations 

with each other or with other industries and to recommend to the 

A dministrator measures for industrial planning, including stabilization of employment. 

· SECTION 9. Each Divisional Code Authority may establish for its 

Division standard size of screens and of grades and of terminology 

or any of them. 

SECTION 10. Each Divisional Code Authority shall appoint a committee to meet with a committee of the Code Authority of any related 

industry and when so meeting to act as a Coordination Board in the 

determination of disJ?utes over the jurisdiction of this Code. Such 

committee of the Divisional Code Authority shall be equal in number 

to the respective committee of the related industry appointed to the 

same Coordination Board. In addition to the members appointed by 

the respective Divisional Code Authorities, each Coordination Board 

shall have one member appointed by the Administrator with authority to vote in the event of a tie. 

SECTION 11. Any business included in the definition of wholesaling 

in Article I, Section 2, of this Code, which has been by custom served 

by the Retail Solid Fuel Industry in any trade area, shall be included 

within the definition of "retailing"; and any business included in 

the definition of " retailing " in Article I , Section 3, of this Code, 
114 

~ 

which has been by custom served by the Coal Dock Industry in any 

trade area, shall be included within the definition of wholesaling as 

it applies to the Coal Dock Industry. Any dispute arising out of 

these provisions and involving any related industry or industries for 

which a Code of Fair Competition shall exist, shall be forthwith reviewed and determined by the procedure established in the last preceding section, provided that no such determination shall prevent any 

Coal Dock opera.tor doing retail business, or the converse. 

SECTION 12. In case there should be a dispute between a Divisonal 

Code Authority of this Industry and the Code Authority of any related Indu. try, the determination of which is not provided for by 

Sections 10 and 11 of this Article, the Divisional Code Authority 

1nay have the power to present it for adjustment to the proper Code 

Authority of such r elated Industry, and if the two Code Authorities 

are unable to come to an agreement, the Divisional Code Authority 

of this Industry may present it to the Administrator for his decision. 

SECTION 13. No provision of this Code shall be so interpreted or 

so applied as to promote or permit monopolies or monopolistic :practices, or to eliminate or oppress small enterprises or discriminate 

against them. 

ARTICLE VII-Al\1ENDMENTS 

SECTION 1. This Code and all the provisions thereof are expressly 

made subject to the right of the President or Administrator, in accordance with the provisions of Subsection (b) of Section 10 of the 

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 or 

Ad1ninistrator to cancel or modify his approval of 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 approval of the 

Administrator after such notice and hearing as he shall prescribe, 

be modified or eliminated in such manner as may be indicated by the 

needs of the ,PUblic,1 by changes in circumstances, or by experiencer· 

all the proviSions o:t this Code, unless so modified or eliminated, shalremain in effect for such time as provided in Article IX hereof. 

ARTICLE VIII-STATE LAWS 

Within each State, m.embe-rs of the Industry shall comply with any 

laws of such State imposing more stringent r equirements than under 

this Code r egulating the age of employees, wages, hours of work, or 

health, fire, or general working conditions. 

ARTICLE IX 

This Code shall become effective t en days after .its approval by the 

President and shall continue in eff e.ct until June 16, 1935, or until 

such prior date upon which the President by proclamation or the 

Congress by joint r esolutions shall declare that the emergency recognized by Title I of the Act is ended. 

Approved Code No. 337. 

Regi try No. 701-35. 

0 

UNIVERSITY OF FLORIDA 

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