-

Approved Code No. 278 Regi try No. 1411-61 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

TRUCKING INDUSTRY 

AS APPROVED ON FEBRUARY 10, 1934 

BY 

PRESIDENT ROOSEVELT 

I 

\ I / { l I 

WE DO OUR P~ 

I,- • • 0 -

1. Executive Order 

2. Letter of Transmittal 

3. Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved Code No. 278 

CODE OF FAIR COMPETITION 

FOR THE 

TRUCKING INDUSTRY 

As Approved on February 10, 1934 

BY 

PRESIDENT ROOSEVELT 

EXECUTIVE ORDER 

CODE OF FAIR COMPETITION FOR THE TR CKING INDUSTRY 

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

compliance with the provisions of Title I of the National Indu trial 

Reco,ery Act, approved June 16, 1933, for my approval of a Code 

of Fair Competition for the Trucking Industry, and hearings having 

been held thereon, and the Administrator having rendered his report 

containing an analysis of the aid Code of Fair Competition, together 

with his recommendations and findings with respect thereto, and the 

Aclmini trator having found that the said Code of Fair Competition 

complies in all respects with the pertinent proYi ions of Title I of 

ail Act, and that the requirements of clauses (1) and (2) of subse tion (a) of Section 3 of aid Act have been met: 

o,v, THEREFORE, I, Franklin D. Roosevelt, Pre ident 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 Admini trator and do order that the said Code 

of Fair Competition be and it is hereby approved with the following 

condition: 

Vehicle owned and operated by enterprises engaged principally in 

the warehousing of furniture and household goods which are included 

within the terms of paragraph ( 1) of Subsection A of Section 1 of 

Article II of said Code of Fair Competition for the Trucking Industry shall be regi tered, in such form and manner and within such 

period as the Administrator may determine, with the Code Committee which has proposed a Code of Fair Competition for the Househol l Good Storage and Moving Trade, and, if such a Code is approved, then, thereafter with the Code Authority established under 

aid Code. 

Approval recommended : 

HUGH s. JOHNSON' 

Aclm,inist1·ator. 

THE ".,.HITE HousE, 

F bruary 10, 1934. 

FRANKLIN D. ROOSEVELT. 

30356°-376-47-34 (431) 
LETTER OF TRANSMITTAL 

The PRESIDENT, 

The White House. 

Sm: This is a report of the hearing on the Code of Fair Competition for the Trucking Industry of the United States, held in 

"\Vashington on the 16th and 17th of November 1933, in accordance 

with the provisions of the National Industrial Recovery Act. 

PROVISIONS OF THE CODE AS TO HOURS, WAGES, AND GENERAL LABOR 

CONDITIONS 

This Code provides for Industrial Relations Boards consisting of 

equal representation of employers and employees to deal with con1-

pliance and with labor disputes. Powers are granted to this body 

to develop the necessary agencies in areas and divisions in the 

Industry. 

l\1aximum hours for employees are established as follows: Clerical 

employees-forty ( 40) hours per week; for other employees, includ- ing drivers, n1echanics, and helpers-a basic week of forty-eight ( 48) 

hours. Overtime beyond eight ( 8) hours a day is provided for gen- eral employees and beyond forty-eight ( 48) hours a week for drivers 

and helpers. Provision is further made whereby seasonal tolerance 

may be permitted in cases of seasonal and emergency demand. 

Area and divisional agreements may he made to improve the con- ditions of employment, and it is provided that Trade Agreements 

among employers shall not impair the rights granted employees 

in Section 7 (a) of the Act, nor shall these terms tend to set maximum 

as well as minimum wages. 

Minimum wage rates are set forth: (1) for unskilled labor ranging from twenty-five (25¢) cents to forty (40¢) per hour; (2) for 

drivers and skilled labor ranging from thirty (30¢) cents to fiftyfive ( 55¢) cents per hour; and (3) for office employees ranging from 

fourteen ($14.00) dollars to fifteen ($15.00) dollars per week. Wage 

adjustments are required to be made so that employees whose hours 

are reduced by fifteen (15%) percent suffer no wage reduction in 

full time earnings, but those whose hours are reduced more than 

fifteen (15%) percent will have their wages adjusted equitably. 

Provision is made for wages of learners and handicapped persons. 

Minors under eighteen (18) years of age are prohibited from 

employment at hazardous occupations and no person under sixteen 

(16) years of age is permitted to be employed in the Industry. 

In addition to providing for Section 7 (a) of the Act, protection 

is given to labor against reclassification. l\1ore fav-orable labor conditions set by State law, governmental authorities, or by labor contract are protected in the Code. 

Inasmuch as the Trucking Code deals with a transportation service and not with a general industrial activity, it is considered that 

(432) 
433 

th wag and hour pro i ion are all that can be r a onably applied 

to the Trucking In lu try at thi tim . A · a tep towards adoptmg a 

...shorter ,vork day an l vle k, and improving the rate of pay and 

term and con lition of employm nt, the Inclu try i required to 

ollect data and report findin°·s an l r commendation to the Admin- i. trat r not lat r than Augu t 1, 1934. 

ECONO IIC EFI<'ECT OF THE CODE 

Durin · th pa t decade the tran portation of I roperty Yer the 

publi highway has assumed significant proportion . T lay it con-

-titutes an integral part of the tran portation sy tem of the country. The Code of Fair Competition for the Tru king Indu try relate to 

thi portion of the transportation system. By reason of special cir- cumstances, however, certain highway transportation operations have 

been exempted from the provisions of this Code. Having taken 

these exemptions into account, the trucking operations which remain 

subject to the provisions of the Code are conservatively estimate l to 

utilize about 750,000 vehicles and to give employment to approximately 1,200,000 workers. 

Under the Code as recommended, it is estimated that the Trucking 

Industry will give employment to approximately 300,000 additional 

wage earners. representing an increase of about 25% over the employment prevailing prior to the inauguration of the National Industrial 

Recovery program. This reemployment, it is estimated, will increase the annual pay roll of the codified Industry by about $260,-

000,000, or about 27 %. In contrast with other major forms of transportation, the Trucking Industry is typically a small unit, owner-operate l and fl exible 

type of transportation activity. The natural operation of these 

factors has produced a disorganized condition within the Industry, resulting in unstable competitive conditions. Not only has this situation tended to produce destructive competitive conditions within 

the Industry, but the influences have extended substantially beyond 

the Industry itself and have created particularly complex problems 

with relation to the coordination and regulation of various transportation agencies. To date no complete and accurate data have been 

available to serve as a basis for the solution of the e complex 

problems. 

The Industry anticipates that the effective operation of the provisions of this Code will tend not only to stabilize the employment 

and operating conditions within the Industry but will provide data 

which are e ential to the satisfactory solution of the complex problems created by the rapid and extensive growth of high way transportation. 

FINDINGS 

The Aclmini trator find that: 

(a) The Code as recommended complies in all respe ts with the 

pertinent pro, i ions of Title I of the Act, including, without limitation subsection (a) of Section 7, and sub ection (b) of Section 10 

thereof ; and that 
434 

(b) The applicant group imposes no inequitable restrictions on 

admis ·ion to member hip therein, and is truly repre entative of the 

Trucking Industry; and that 

( c) The Code as recommended is not de igned to promote monopo- lies or to eliminate or oppr:ess small enterprises and will not operate 

to discriminate against them. and will tend to effectuate the policy 

of Title I of the National Industrial Recovery Act. 

From evidence adduced during this hearing and from recommenda- tions and reports of the various Advisory Boards, it is believed that 

this Code as now proposed and revised is satisfactory to this Indus- try, labor, the public, and this Administration. It is recommended, 

therefore, that this Code, as herewith submitted, be approved. 

Respectfully, 

FEBRUARY 10, 1934. 

HUGH s. JOHNSON, 

Ad1ninistrator. 
ODE OF FAIR COMPETITION FOR THE TRUCKING 

INDUSTRY 

ARTICLE I-PURPO ES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are e tabli hed as a Code 

of Fair Comp titian :for the Trucking Indu try and shall be the 

standard of fair competition for that Industry and shall be binding 

upon every m mb r thereof. 

ARTI LE II-DEFI:N ITIONS 

1. The t rm '· Indu try" as used herein mean· the transr ortation 

of property and all service ordinarily incidental thereto in connection TI'ith an trade, indu try, or busines to the extent that uch 

tran portation is over publicly used roadways by: 

A. Vehicle for hire, with the following exceptions: 

(1) Vehicles u eel principally :for the transportation of u ·cc1 hou ehol l goods, used office furniture, and used office equipment shall be 

exempted, except as otherwise in this Article provided, from all provi ions of this Code, pending a public hearing and determination by 

the Admini trator on a date to be set by him prior to June 15 1934.1 

(2) The afore aid exemptions provjded in this Article hall apply 

to vehicles engaged in tran portation of used hou ·ehold goods, u eel 

office furnitur , and used office equipment, even though they may 

occa ionally tran port other goods, if the revenue derived from such 

occa ional tran portation shall not exceed ten (10 %) percent of the 

total re, enue derived through such vehicles; and provided that any 

such Y hicle , when engaged in such occa ional transportation: 

(a) hall not be operated jn violati~n o:f the provisions of this Code 

dealing with '"'ao·es and hours, (b) that the rate charged .for all uch 

occa ional tran ·portation hall be not less than the lowe t rate on 

file with the a I propriate Code Authority of the Trucking Industry 

:for imilar ervice in the particular locality, and ( c) that Article 

IX ection 1, of the Trucking Code dealing with freight bills shipping order , and bill of lading shall be conformed to. 

( 3) At the hearing provided for above, evidence hall be preent cl to the Admini trator, and he shall thereafter make a determination in respect to the modification or exten ion in whole or in 

part of such ex mption provided for in this Article. Said determination by the Admini tr a tor shall become efl'ecti ve as a part of 

thi o le. 

( 4) Pen lino- the determination by the Admini trator as provided 

for above anyone claiming exemption "ithin the term of this Arti1 e parngraph 2 of order approving tbi Code. 

(435) 
436 

cle hereof shall register, in such form and manner as the Administrator may determine, either with the Code Committee or the Code 

Authority of the IIousehold Goods Storage and :Moving Trade or 

1Vith the appropriate Code Authority established under this Code. 

Any operator claiming exemption under this Article shall file his 

registration in triplicate accompanied by a certified statement supporting his claim for exemption, one copy of the same shall be fur- nished to the other registration agency and the third copy shall be 

furnished to the Administrator. 

( 5) The National Code Authority shall appoint two representa- tives who, with two representatives similarly 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 and 

if they are unable to agree, the matter shall be referred to and 

determined by the Administrator. 

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

Household Goods Storage and l\!Ioving Trade shall have acc-ess to 

the registration lists of this Industry, provided reciprocal authority 

is granted to the Code Authority of this Industry to have access to 

the registration lists of that Industry. 

B. Vehicles not for hire except : 

(1) To the extent that such transportation is subject to any other 

Code of Fair Competition approved pursuant to Title I of the 

ational Industrial Recovery Act; 

(2) \Vhere a farmer is transporting his own property or produce 

to primary markets or his own supplies on return, or cooperatively 

transporting to or on return from primary markets, the property, 

produce, or supplies for neighboring farmers for which he does not 

receive compensation other than by the exchange of services; and 

(3) The Trucking operations of bona fide farmers' cooperative 

associations to the following extent. When bona fide farmers' 

cooperative associations carrying on trucking operations in their 

own vehicles at cost are engaged in transporting the property or 

produce of such associations or of its farmer members to primary 

markets, or are engaged in the return transportation of supplies 

purchased by such associations or f armer members thereof, and are 

not engaging in transporting for hire or serving the general public, 

then such associations shall be exempt from all provisions of this 

Code except: (a) the provisions of Artide IV dealing with indus- trial relations; (b) the provisions of Article V dealing with 

maximum hours of labor, minimum rates of pay and conditions of 

employment; ( c) the provisions of Article VI, Section 4, dealing 

with registration; ( d) the provisions of Article III, Section A, 

Subsection (1) (b), dealing with reporting; and (e) the provisions 

of Article III, Section I, Subsection (1) (i). 

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

engaged in any phase of the Industry in any capacity however 

compensated except a member of the Industry. 

3. The term "employer" as used herein includes any employer 

in the Industry. 

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

any individual, partnership, corporation, or other form of enterprise 

that is engaged in the Industry as an employer, and any person en-
437 

ao-ecl in the In ln try who driv a v hi le on hi own behalf 

wh th r or n t he employ any nc 1 e in ·onne tion th rewith, and 

an p l" n naage l in th Industry who lea e or ubl a · a Y hi ·le 

t an th r or th u th r f as a part of a truckino- . · rvi if he 

r tain r p n ibility for the mr Io:·pnent of driv rs or for th maintenance an 1 r pair of the v hicl , wh ther or not h r tain. rep n ibility for the afety of the property tran porte 1, or r 1" s 

mp n ation for the tran portation of u ·h property. 

5. Th 1 rm ' for hir member" a· u · 1 h rein mean any member of th In lu try who re eive · 01111 en ation or remuneration dir tl or in lir ctly for the tran portation of property (a) of oth r., 

or (b) of hi own prop rty for sale or dispo al ,Yh n the principal 

purpo e or effect of u h ale or di posal i · to obtain revenue by . uch 

transportation. It includes, but is not limited to any member of 

the Indu try who lea es or ubleases any vehicle or the u: ther of 

to another as a part of a trucking ervi e if he retain r . pon ibility 

for the e11ployment of drivers or for the maintenan e and r epair of 

the vehicl vrhether or not he retain r e ·ponsibility for the safety 

of the property tran ported, or receive · compensation for it tran -

portation. Such trucking ervice shall include the transportation of 

automobiles a merchandi e operating under their own power. 

6. The term " not for hire member " as used herein mean any 

member of the Indu try not included in the definition of " for hire 

member.' 

7. The term ·" vehicle' as used herein includes any vehicle u eel 

in the Inclu try, regarclle s of how propelled: 

8. The term "shipper" as u ed herein shall include both on ignor 

and consignee. 

9. The term " State " as u eel herein shall include the several 

states of the United State and the District of Columbia. 

10. The term "Natural Division" as u ed herein means a grouping of members of the Indu try resulting by rea on of the nature 

of the ervice performed and recognized as such a Natural Divi ion 

by the National Code Authority because of Code problems peculiar 

to such group. 

11. The South shall include Virginia, North Carolina, South Carolina, Georaia Florida, T ennessee, Kentucky, Alabama, Mi si sippi, 

Arkan a LOL1i iana, Oklahoma, Texas, ew :Mexico, and Arizona. 

The remaining portion of the United States not include l above hall 

be ref rre l to as the orth. 

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

by refer nee to the 1930 Federal Census. 

13. The term 'Act' and ·Administrator " a used herein mean, 

r k·pectiYely Title I of the ational Indu trial Recovery Act an l 

the Admini trator of Title I of said Act. 

14. The t rm National ode Authority ' as u eel herein means 

th ode Authority ha,,ing upervi ion over the Indu -try in the entire nited tate , a hereinafter provi led. 

1-. Th t rm ' Reo-ional Code Authority " a u eel h rein m ans 

the Col \..uthorit haYing upervision oYer inter tate operations 

b twePn two (2) or mor tate , as hereinafter provi led. 

303JG0 -37G-47-34-2 
438 

16. The term " State Code Authority" as used herein means the 

Code Authority having upervision over one area in a region, as 

hereinafter provided. 

17. The term "Djvisional Code Authority " as used her in means 

the Code Authority having supervi ion over a natural or area 

divi ion of the Industry within a state area, as hereinafter provided. 

18. The term " Trade Agreement " as used herein inclu les trade 

practice agreements and agreements formulated by members of the 

Industry tending to liberalize labor conditions as contained in the 

Code, which agreements have been formulated by members of the 

Industry under the provi. ions of this Code and in accordance with 

rules and regulations with respect thereto made by the rJ ational 

Code Authority. 

ARTICLE III-CODE AD)II ISTRATIO.i: 

A. CODE AUTHORI'.rIES 

To further effectuate the policies of the Act, the following agencies 

of the Industry are hereby created to cooperate with the Administrator in the administration of the pro vi ions o:f thi Code : ( 1) National Code Authority; (2) Regional Code Authorities; (3) State 

Code Authorities; and, in addition, ( 4) such Divisional Code Authorities as may be created. The Administrator may appoint on each 

or any Code Authority, three nonvoting rnemb 0 rs. "\Vhen appointed, 

such members shall receive all notices and be entitled to sit at all 

meeting of the Code Authority on which appointed. 

(1) NATIONAL CODE AUTHORITY 

Organization.-The National Code Authority shall consist of one 

(1) member from each region as hereinafter provided. The voting 

members of the National Code Authority shall be elected by the 

members of the Regional Code Authorities. In such election all 

Regional Code Authorities shall b entitled to an equal number 

of votes. Powers and Di1,ties.-The National Code Authority shall be 

charged with the general administration of the Code and shall have 

power to appoint such agents, committees, and employees as it shall 

deem necessary to the proper administration of the Code and shall 

have the following specific powers which it may, subject to review 

by the Administrator, exercise through or delegate to any Regional, 

State, or other Code Authority provided for in this Code. 

(a) To adopt bylaws, rules, and regulations governing its procedure in the administration and enforcement of the Code, furnishing to the Admini trator such true copies thereof together with 

minutes of meetings when held, and such other information as to its 

activities as the Administrator may deem necessary to effect the 

purposes of the Act. 

(b) To require periodical reports from the members of the Industry and from the various Code Authorities, with resp 0 ct to 

revenues, expenses and other charges, wages, hours of labor, conditions of employment, number of employees, and other matter 

pertinent to the purposes of the administration of this Co le. In 
439 

addition to the information required to be snbmitte l to Code Auth ritie there hall be furni h d to the overnm nt a O' n ics u h 

tati ti al inf rmation a the Admini trator may de m nece ary 

for the pnrpo c r i te l in tion 3 (a) of the A t; provided that 

n thino· in thi o 1 hall relieve any m mber of the Indu try of 

exi tino· oblio·ation to fnrni h r I ort to any government 

ag nc}. Bona ficl farmer ' ooperati 1e a · ciation hall be require l to re1 or to le Anthoritie only in n h mann r an l form 

and to O'iY u h inf rmati n a may be provide 1 for in rules govu h r I orL whi h rule hall be formulat cl by the National 

ode uthority ,Yith the a lvice of a representativ of such as ocia- tion to be named by the Administrator, and with the approval of 

the Admini trator. The pecific intent of this latter requirement 

is to ecnre ba ic information relative to the ·haracter and volume 

f trucking operations conducted by farm rs' ooperative a sociati n , such information to be secured at the least possible cost to 

said as ociations. 

All indiYidual reports of members of the Indu try hall be kept 

confidential and only gen ral summaries thereof may be published. 

( c) To recommend to the Administrator within ninety (90) days 

after the approval of the Code, systems of uniform accounting and 

reports, which upon his approval, and subject to such notice and hearing as he may pre cribe, hall be used in carrying out the provisions 

of this Code. 

( d) To make studies of the advisability of requiring evidence of 

responsibility or insurance with reference to public liability for 

injury to persons or property and with reference to security of 

property tran ported by members of the Industry, and to report and 

recommend thereon to the Administrator within six (6) months after 

the effective date of this Code. 

( e) Subject to the rules and regulations prescribed by the Adrnini trator, to receiYe complaints of violations of this Code, to n1.ak~ 

inve tigation thereof and to adjust such complaints or bring to the 

attention of the Admini trator any information relative to violation with recommendation with respect thereto. 

( f) To fun tion through such trade associations and other agencies 

as it deems proper and through the Regional, State, and Divisional 

Code Authorities for carrying out any of its activities provided 

herein and to pay such Code Authorities, trade associations, and 

agencies the cost thereof, provided that nothing herein shall relieve 

the National Code Authority of its duties or re pon ibilities under 

thi Code, and provided further that such subordinate Code Authoritie , tra le a ociations, and agencies shall at all time be subject to 

and comply with the rule , regulations, and restrictions laid down for 

them by the National Code Authority and the provi ion of this 

Code and of the Act. 

g) To coordinate the admini tration of thi Code with such other 

de if any, as may be related to the Indu try or any ubdivi ion 

thereof, and to deleo·ate to any other administratiYe authority, with 

the appro-, al of the Admini trator, such powers as will promote 

joint and harmoniou action upon matters of common intere t. 

(h) To ecur from th members of the Indu try, an equitable an 1 

proportionate payment of the expenses of e tabli hing this Code 
440 

and of n1aintaining the various Code Authorities and agencies thereunder. The approval of the Administrator shall be necessary before 

any assessment is made against those who are specifically exempted 

from any part of this Code. · (i) To cooperate with the Administrator in regulating the use of 

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

have assented to and are complying with this Code. 

(j) To initiate, consider, and make recommendations for the modi- fication or amendment of this Code, which, upon approval by the 

Administrator a.fter such notice and hearing as he shall prescribe, 

shall become a part hereof. 

(k) To make rules and regulations governing the procedure of 

Regional, State, and Divisional Code Authorities and any other 

agencies engaged in carrying out the provisions of this Code and to 

make such other rules a.nd regulations as may be necessary to carry 

out the provisions of this Code. 

(1) To desig11ate Natural Divisions of the Industry and prescribe 

rules and regulations for presentation of information necessary in 

determining such divisions. If directed by the Administrator the 

National Code Authority shall without delay designate such divisions as the Administrator shall direct. 

(m) To de ignate the States to be included in the separate Regions 

hereinafter provided for. 

(n) To prescribe rules and regulations for the registration of 

members of the Industry as hereinafter provided. 

( o) To establish administrative rules governing the filing of minima for rates and tariffs, the formulation of trade agreements and 

the procedure for appeal from the action of subordinate Code 

Authorities. 

(p) To do such other things and to perform such other duties and 

exercise such other powers as may hereinafter be delegated to the 

N ationa.l Code Authority. 

(2) REGIONAL ComD AUTHORITY 

Organization.-For the purpose of administering the Code, the 

National Code Authority shall divide the United States into regions 

consisting of three or more states. For each of the regions there 

shall be set up a Regional Code Authority which shall be elected 

by the various State Code Authorities coming within the Region. 

The Regional Code Authority shall be composed of one member 

from each State within the Region. In case of an even number of 

States in any Region, an additional member at large shall be elected 

by the State Code Authorities within the Region. 

Powers and Dwties.-The Regional Code Authority shall have 

jurisdiction over interstate matters within its Region and concurrent 

jurisdiction as defined in Artide VIII of this Code with other Re- gions involved on inter-regional matters. It shall have the power 

to employ or appoint such committees, agents, and employees as may 

be necessary to carry out its functions and to cooperate with other 

Reg10nal Code Authorities in inter-regional n1atters. 

(a) It shall, with other Regional Code Authorities, elect the 

National Code Authority pursuant to rules prescribed by the 

National Code Authority. 
441 

(b) It hall ace pt a m m r with full participation in th pro-

. ling l ianatecl by th int r ·tate op rator of any one organiz d 

natural Ii i i n, wh n d lib rating on matter pe uliar to the 

int 1--tnte peration of that parti nlar livi ion. 

( c) It hall have power to hold h arina on trade aar em nts 

pr entc l by member f the In lu try ubj ct t th provi ion of 

Articl III of thi o l and to oop rat with the A lmini trator 

in th nforc m nt of the ume. 

( 1) It hall coll t an l maintain full statistical an l oth r inf rmative data re p tino· the operation of the Indu try within 

it juris liction and ·hall forward to the ational Co le Authority 

u ·h information therefrom a may be required by the National 

de \.uthority or by the Admini trator. 

( e) It hall perform uch other function as may be d legate l 

to it by the ational ode Authority. 

(3) STATE CODE AUTHORITY 

The National Code Authority shall divide each Region into areas, 

each of wl1ich shall have a separate Code Authority for su h area, 

referred to as a "State Code Authority." 

Organization.-Each State Code Authority . hall consi t of four 

( 4) member elected in the following manner by the regi tered 

member of the Industry a senting to the Code with.in the area. ,, ithin ixty (60) days after the effective date of thi Code there 

hall be held an election by those members of the Indu try who ha, e 

registered within thirty (30) days after the effective date of thi 

Code. The State Code Authority set up at the first election held 

shall be constituted as follows: Two (2) members shall be elected 

to serve :for a term o:f two (2) years each, or until their succe sors 

have been elected and qualified, one ( 1) on the basis o:f vote cast 

by regi tered members voting as firm and one ( 1) on the basi of 

vote ca t by registered members voting according to vehicles 

regi tered under this Code; the remaining two (2) member . hall 

be elected for a term of one ( 1) year each, or until their succ~ssors 

have been elected and qualified, on the ame basis as pre cribed for 

the members serYing two (2) years each. Annually thereafter, two (2) 

m mbers shall be elected by the registered members of the Industry 

on the same basis of rep re entation a pre cribed above for the fir t 

election, to erve for term o:f two (2) year each, or until their 

~ucce ors have been le ted and qualified. Any State Code 

j._uthority with the permi sion of the ational Code uthority may 

be compo eel of six (6) in teal of four (4) members, the additional 

two (2) member to b el cted in th ame manner and on the same 

basi o:f repre entation a provided above. 

In ca of an even vote in a State Code Authority, the Administrator may appoint an impartial m mber from the member of the 

Indu try to Yot with the luly electe l m mber of the State ode 

Authorit . Powe'rs ancl Dutie .-Each State Code Authority hall have primary juri di tion within it ar a, except as to uch matt r :falling 

,Tithin the cope of DiYi ional Co le Authoriti s con tituted within 

uch area and hall lrnYe juri ·diction in such matters if they affect 
442 

more than one Division of the Industry within the area. It shall 

have pow r to employ such committees, agents, and employees as 

may be necessary to carry out its functions. 

(a) It shall have power to hear application for setting up Divisional Code Authorities for established natural divisions within the 

State, and, after hearing, shall report the results of such hearing to 

the Administrator, through the ational Code Authority, tog ther 

wi h it recommendation for approval or disapproval of the application. \Vhen desiring to establish or change the area of a Divisional Code Authority for a subordinate area within the State, the 

State Code Authority shall make application to the .Administrator 

for the approval or di approval of the establishment of or change in 

the area of uch Divisional Code .Authority. In making such application, the State Code Authority shall furnish full data relative to 

the area to be included in the scope of jurisdiction proposed for the 

Divisional Code Authority. It shall haYe power to hear applications 

for the discontinuance of or change in the scope of DiYisional ode 

Authoritie within its area when application for such discontinuance or change is made by a duly constituted Divisional Code Authority and shall submit such application to the Administrator for 

approT"al. It shall al No have power to make recommendations to the 

Administrator for the discontinuance of any inactive Divi ional 

Code Authority within its area on approval by the ational Code 

Authority. All applications and recommendations shall be submitted 

to the Administrator through the ational Code Authority. 

(b) It hall maintain a record of all schedules of minima for 

rates and tariffs filed by members of the Industry and a record of 

all trade agreements formulated by members of the Industry in 

its area and with the aid of the Divisional Code Authority ~hall 

cooperate with the Administrator in the enforcement of the ame. 

( c) It shall have power to hold hearings on trade agreements 

presented by member of the Industry, subject to the provisions of 

Article VIII, and to cooperate with the Administrator in the enforce- ment of the ame. 

( d) The State Code Authority shall have power to hold hearings 

on trade agreements proposed by Divisional Code Authorities under 

the procedure set up in Article VIII and shall have power to 

formulate trade agreements for established area or natural divisions of the Industry when such trade agreements have not been 

proposed by Divisional Code Authorities and to present such trade 

agreements to the Administrator for approval or disapproval. 

( e) When deliberating on matters affecting only one established 

Natural Divi ion of the Industry, the Natural Divisional Code 

Authority holding primary jurisdiction over the matter shall be 

invited to appoint one of its members for full participation in the 

proceedings. 

(f) It shall collect and maintain full statistical and other informa- tive data respecting the character and volume of the operation of 

the Indu try within the State and shall forward to the National 

Code Authority such information therefrom as may be requested by 

the National Code Authority or by the Administrator. 

(g) It shall cooperate with Divisional Code Authorities within 

its area to secure the enforcen1ent of this Code. 
443 

{h) It hall, in conv nti n with o h r State Cod Authorities 

within it Reo-ion, cl ct the R o·ional Co<l Authority for uch 

R gin. 

(i) It shall hav n h other function as may be d legated to it 

by the .i.: T ational o<le uthority. 

( 4) DI\'I ION AL ODE UTIIORITI8 

ode Authority may b ·et up within any State in 

th manner 1 r · rib cl below for either of the two following pur- po : (a) to xerci e primary jurisdiction over matters peculiar 

to any natural di ision of the Indu try within the scope approved 

for it e tablishment; (b) to exerci e primary jurisdic ion over any 

area diYi ion within the S ate in ma ters not ubject to an establi hed 

Code Authority for a natural division. 

(A) NAT RAL DIVISION OF IND STRY 

0 1,gani.2ation.-Any group of members of the Industry qualified 

as a natural di.vi ion of the Industry under the definitions formu- lated by the National Code Authority with the approval of the Admini trator, may file application with the State Code Authority ·or 

permi sion to establish a Divisional Code Authority for such natural 

di, ision of the Indu try. If, after hea1·ing on such application and 

reYiew by the Administrator as provided in Article III, Section 

A, Sub ection (l) (1), the Administrator grants the application for 

establi hment of a Divisional Code Authority, it hall exercise 

primary juri diction over matters specifically stated in the permi ion granted for its establi hment. 

Such divisional Code Authority sha.11 be compri8€d of four ( 4) 

voting members elected by the registered members of the Industry 

within its jurisdiction in the san1e manner and on the same basis of 

repre entation as provided for in the election of State Code 

Authorities. 

Powers and Dir,ties.-Each Di, isional Code Authority shall have 

po\\ er to employ such committees, agents, and employees and perform uch other functions as may be necessary to carry out the 

powers and dutie granted in the permi sion for its establishment. 

In ca e of an even vote in a Divisional Code Authority the Administrator may appoint an impartial member from the members 

of the Indu try to vote with the duly elected members of uch 

Divisional Code Authority. In addition: 

(1) it hall receive schedules of minima for rates and tariffs preented by individual members of the Indu ~try in the natural division 

and shall forward such ·chedules to the State Code Authority for 

fl.lino- a provided in Article VII of this Code; 

(2) it hall facilitate the formulation of trade agreements amonO' 

memb r falling within its j uri di ti.on and shall present the ame 

to the tate ode Authority for hearino- as provided in Article VIII 

of this ode; 

(3) it may appoint one of its m mbers to sit with the State ode 

Authority when invited to do so; 

4) it ·hall cooperate with the State ode Authority and ith 

th dmini trator in the admini tration of this Code; 
444 

( 5) It shall have power to appeal to the Administrator, through 

the National Code Authority, from decisions of the State or Regional 

Code Authorities; 

(6) it shall collect and furnish to the State Code Authority such 

stati tical and other informative data as may be required by the 

State Code Authority respecting the operations of the members of 

the Industry within its jurisdiction. 

(B) AREA DIVISIONS OF STATE 

01'ganization.-The State Code Authority may set up, subject to 

the approval of the Administrator as provided in Article III, Section 

A, Subsection (1) (1), Divisional Code Authorities to exerci e, 

within a pre cribecl area in the State, primary jurisdiction over the 

operations of the members of the Industry not subject to an e tabli hed Code Authority for a natural division of the Industry. Its 

membership hall be chosen by members of the Industry within its 

area in the same manner as provided for a Code Authority of a 

natural division of the Industry. 

Powe?'S and Du.ties.-It shall have powers and duties with respect 

to the members of the Industry within its scope, similar to those 

posse secl by a Code Authority for a natural division as set forth 

above. 

B. GENERAL ADMINISTRATIVE PROVISIONS 

1. If the Administrator shall determine that any action of a Code 

Authority or any agency thereof is unfair or unjust, or contrary to 

the public interest, the Administrator may require that such action 

be suspended for a period of not to exceed thirty (30) days to afford 

an opportunity for investigation of the merits of uch action and 

further consideration by such Code Authority or agency pending 

final action, which shall be subject to the approval of the Admini - trator. The rules and regulations of any Code Authority or other 

admini trative agency under this Code shall be subject to the 

approval of the Administrator. 

2. Each trade or industrial association directly or indirectly participating in the selection or activitie of any Code Authority shall 

(a) impo e no inequitable restriction on member hip, and (b) submit 

to the Admini trator true copies of its articles of a . ociation, bylaws, regulation , and any amendments when made thereto, together 

with such other information as to membership, organization, and 

activities a the Admini trator may deem necessary to effectuate the 

purposes of the Act. 

3. In order that the several Code Authorities shall at all time be 

truly representative of the Indu try and in other re pects comply with 

the provisions of the Act, the A lministrator may provide uc.h hearings as he may deem proper; and thereafter if he shall find that any 

Code Authority is not truly repre entative or does not in other respects comply with the provisions of the Act, may require an appropriate modification in the method of selection of such Code Authority. 

4. J\1embers of the Industry hall be entitled to participate in and 

share the benefits of the activities of the variou code authorities and 

to participate in the selection of the members thereof by assenting 
445 

to and ompl in · with th r quircm nts of this Code and sustajning' 

th ir r a nable hare of the exr en e of it admini tration. Such 

r a onable hare of th ex en of administration hall b d t rmined 

b the ational cl Authority, subject to revi w by th dministrat r, on the ba i of su h factors a may be d m d quitabl . . othino- ontain d in thi Col shall n titute he members of 

a ode Authorit I artner for any purpo . Nor ·hall any memb r 

of a od uthority be liable in any manner to anyone for any act 

of any other m mb r, offi r, agent, or empl yee of a Code Authority. Nor hall an m mber of a Code Authority exercising reasonable 

dilio- nee in the condu t of hi. duties hereunder, be liabl to anyone 

for any a tion or omi sion to act under this Cod , except for his own 

willful mi feasance or nonfeasance. 

o. TEMPORARY oRGANIZATio Ts 

Pending the election of the members of the National Code Authority, a hereinabove provided, the voting members shall be temporarily ar pointed as follows : Seven (7) shall be hosen by the 

Board of Tru tee of the American Trucking Association , Inc., and 

two (2) shall be selected in a manner approved by the Adminis n tor. Such ational Code Authority shall divide the United States into 

regions consi ting of three (3) or more states, <lesio-nate areas for 

State Code Authority jurisdiction and shall appoint, subject to the 

approval of the Administrator, temporary members of the Regional, 

State, and Divisional Code Authorities. Temporary members of all 

Code Authorities hall continue in office until their succe ors are 

duly elected and qualified. 

ARTICLE IV- INDUSTRIAL RELATIONS BOARDS 

There shall be established a National Industrial Relations Board 

for the Industry, consisting of three (3) representatives of members 

of the Industry and three (3) repre entative of employees of members of the Industry. This Board shall have the power to deal with 

all ged violations and non-observance of the labor provisions of this 

Code and disputes between employers and employees; to provide, subject to the approval of the Administrator, rules for the ele tion 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 con tituted; and to provide 

for the sel ction of the members of the e Board ; and it shall also 

advi e and cooperate with the National ode Authority and the Administrator on all matters of indu trial relation . 

Until such time as an election for members of the .r: a ional Industrial Relation Board is conducted as above provided and representative o cho en a ume member hip on such Board, the employee 

repre entatives shall be appointed by the Admini trator from a 

panel of nominee submitted by the Labor Advisory Board of the 

.r .R. . The repr entatives of members of the Indu try hall be 

appointed by the ational Code Authority. The e Industrial Relation Boards may select an impartial chairman to reach a majority 

agreement. 
446 

In the selection and functioning 0£ the National Industrial Relations Board or any Industrial Relations Board established under 

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

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

ARTICLE V-HOURS AND ,v AGES 

A. HOURS 

1. No employee in clerical or office work except rate clerks and dispatchers shall be permitted to work in excess of forty ( 40) hours in 

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

pe~od. · 

2. No other employees except tho e driYing vehicles and their 

helper or helpers on th 0 vehicle shall be permitted to work in exces of forty-eight ( 48) hours per week, a Yer aged over a period of 

three (3) weeks, with a maximum of fifty-four ( 54) hours in any one 

week, nor more than twelve (12) days out of fourteen (14) days, 

provided, howeYer, that they shall be paid at the rate of one and 

one third (11/3 ) their normal rate for all hours worked in excess of 

eight ( 8) hours in any one day or forty-eight ( 48) hours in any one 

week. 

3. No per on driving a vehicle or his helper or helpers on the 

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

(108) hour in any consecutive two (2) week period, nor more than 

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 ; except a herein otherwise provided, and they shall be paid 

at the rate of one and one-third (l~f:3 ) their normal rate for all hours 

worked in excess of forty-eight (48) hours in any one week, except 

in ca es of emergency demand falling under Section 5 hereof. 

4. It shall be the duty of the National Code Authority, in cooperation 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 August 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 e_ight (8) hour day and for the purpose of generally determining the feasibility and desirability of adoption of a 

shorter working day and week and improvement of the rates of pay 

and terms and conditions of employment for employees in the Industry over those provided under this Code. 

5. When seasonal demands arise involving movements of perishable goods or seasonal crops, or in case of emergency demands an 

employee may, with the approval in advance of the appropriate State 

or Regional Code Authority and the Administrator, be permitted to 

work an additional twelve (12) hours in any two (2) week period 

beyond one hundred and eight (108) hours, which additional hours 

need not be averaged out within the consecutive four ( 4) week 

period. The total period for which seasonal or emergency demand 

may be considered to exist is to be limited to three (3) consecutiYe 

months for any type of haulage in any area or for an individual 

employee, except that the overtime provision in Section 3 may be 
447 

for a longer period than three (3) 

months for those operations where State laws restricting tonnage 

rcatc an emergency lasting :for a longer perioLl. 

6 . .Any natural or territorial group or members of the Industry, in 

accordance with the procedure established for making group trade 

agreements as provided in Article VIII hereof, or groups of repre- entativc employers and representative e1nployees through collective 

agreements arrived at by bona fide collective bargaining may, with 

the approval of the Administrator after such notice and hearing a 

he may prescribe, establish maximum hours and minimum wages 

applicable to employees in any such division or area and shall be 

binding on all members of the Industry in such division or area, pro-viclcd, ho"\Te,er, that any such maximum hours so established shall 

in no event, exceed the maximum hours fixed in this Code nor minimum wages be less than the minimum wages established in this 

ode. ~o trade agreement shall be appro,ed pursuant to this section which tends to set a maximum as well as a minimum wage, or 

in any "·ay to impair rights guaranteed to employees under Section 

7 (a) of the Act. 

7. The maximum hours provided above shall not apply to employes engaged in a managerial or executive capacity who receive thirtyfi,e ($35.00) dollars per week or more in the North, or thirty ($30.00) 

dollars or more in the South, or solicitors performing no manual 

\Tork, or station managers, where such employees are intermittently 

employed. -

Persons engaged solely as watchmen shall not be permitted to work 

in excess of fifty-six (56) hours in any one week nor n10re than six 

(6) days in any seven (7) day period. 

. All time spent by any employee on or in any vehicle shall be 

considered time worked, regardless of whether such employee is 

ngaged in driving or in the performance of other labor, unless 

such employee is a relief employee off duty engag-ed on a vehicle 

quipped with a sleeping compartment. A committee constituted in 

like manner as the National Industrial Relations Board shall, wjthin 

ninety (90) days after the effective date of this Code, submit definitions and regulations governing "off duty" and governing the 

practice known as "dead-heading", to be effective \Then approved 

by the Administrator. 

9. No employer shall knowingly engage any employee already 

employed by another for a.ny time which, when totaled with the hours 

of any other employment, exceeds the maximum weekly hours permitted herein. 

B. WAGES 

1. Drivers and skilled labor in the North shall be paid not less 

than at the rate of (a) fifty-five (55) cents an hour in cities of 2,000,-

000 population or over, or in the immediate trade area thereof; (b) 

forty-fiye ( 45) cents an hour in any city of between 200,000 and 

2.000,000 population, or in the immediate trade area thereof; ( c) 

forty ( 40) cents an hour in cities of between lf>,000 and 200,000 population, or in the jmmccliate trade area thereof ; and (cl) thirty-sevPn 

and one half (371⁄2) rents an hour in towns or places of less than 

13.000 population. In the South, dri-vers and skilled labor shall be 
448 

paid not less than at the rate of (a) thirty-five (35) cent an hour 

in citie of ·200,000 population or over, or in the immediate trade 

area thereof; (b) thirty-two and one half (321⁄2) cents an hour in 

citie of between 15,000 and 200,000 population, or in the immediate 

trade area th reof; and ( c) thirty (30) cent an hour in towns or 

places of less than 15,000 population. 

2. The minimum for un killed employee in the North shall be 

at the rate of not les than (a) forty ( 40) cents an hour in cities 

of 200,000 population and over, or in the immediate trade area 

thereof; (b) thirty-seven and one half (371⁄2) cents an hour in citie 

of 15,000 to 200,000 population, or in the immediate trade area 

thereof; and ( c) thirty-five ( 35) cent an hour in towns or places of 

le s than 15,000 population and in the South, (a) thirty (30) cents 

an hour in cities of 200,000 population and over, or in the immediate 

trade area thereof; (b) twenty-eight (28) cent an hour in cities of 

15,000 to 200,000 population, or in the immediate trade area thereof; 

( c) twenty-five (25) cents in towns or place of less than 15,000 

population; except that in the States of Alabama, Florida, Georgia, 

J\1issis ippi, and South Carolina, the minimum rate shall be not le s 

than twenty-five (25) cents. 

3. Helpers to drivers and helpers to skilled employees, which 

helpers are principally engaged in such skilled op ration , shall be 

paid at not les than the rates specified in Section 1. 

4. No office employees shall be paid less than at the rate of (a) 

$15.00 per week in any city of 500,000 population or over, or in the 

immediate trade area thereof; (b) $14.50 per week in any city 

between 250,000 and 500,000 population, or in the immediate trade 

area thereof; ( c) $14.00 per week in cities or places of less than 

250,000 population. 

5. This Section establishes a minimum rate of pay which hall 

apply irrespective of whether an employee is actually compensated 

on a time-rate, piece-work, mileage, or other basis .. 6. No employee whose normal full-time weekly hours for the week 

ending June 17, 1933, are reduced by less than fifteen (15) percent 

shall have his full-time weekly earnings reduced. Any employee 

whose said full-time weekly hours are reduced by fifty (50) percent 

or more shall not have his said earnings reduced by more than 

twenty-five (25) percent. All other employees whose hours are reduced in excess of the said fifteen ( 15) percent hall have their 

earnings adjusted proportionately. The principle of this paragraph 

shall apply by class of worker to all other employee whose hours 

have been reduced. 

7. No provision of this Section shall modify established practices 

or privileges as to vacation periods, leaves of ab ence, or temporary 

ab ence from work heretofore granted to employee . 8. Persons learnino· an occupation shall be paid not le s than 

eighty (80) percent of the minimum wage which prevail in such 

occupation, provided that the number of such learners shall not 

exceed five ( 5) percent of the employees of any one employer and 

that learners shall not be employed as such for a period in exce of 

four ( 4) weeks, irrespectiYe of whether they are em ployed by one or 

more employers. 
449 

9. A p rson whose earning capacity is limited bccau. e of ao-e or 

ph) i al r m n al handi ap may b n ploy d on lio-ht ork at a 

wag b lo the minimum stabli hed b r thi Cod if the employer 

ob ain from th taic B ly dcsiQ'Ilat l by the nitnd Sta s Departm nt of Lab r, a certifi ate authorizina· his mpl ym nt at such 

wao· s and for such h urs a hall b sta eel in the ·ertiticate. Each 

empl r hall file with th appropriate ode Authority, a list of 

all u ·h p r on m ployed by him. 

0. GE TERAL L BOR PROVISIO~ 

1. No person under sixteen (16) years of age hall be employed in 

the Indu try. o per on under eighteen ( 18) years of age hall be 

employed at operations or occupations which are hazardous in nature 

or lano·erous to health. The National ode Authority shall submit 

to the dmini trator within thirty (30) days after the approval of 

thi Code, a list of such operations and occupations. In any State, 

an cmplo er shall b deemed to have complied with thi provision as 

to ao·e if he shall have on file a certificate or permit duly i sued by 

any ag ncy in ·uch State empowered to issue employment or age 

certificate or permits showing that the employee is of the required 

age. 

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

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

labor, or their agents in the designation of uch 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, 

oro-anizing, or as isting a labor organization of his own choosing, 

and mployers shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment approved or 

pre cribed by the President of the United States. 

3. No employer shall reclassify employee or duties of occupations 

performed for the purpose of defeating the provisions of the Act or 

of this Code. 

4. Every employ r shall provide for the safety and health of his 

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

Standards for safety and health shall be ubmitted by the National 

Code uthority to the Administrator within six (6) months after the 

effecti e date of thi Code. 

5. No provision in this Code shall supersede any law within any 

State which impo es more stringent requirements on employer as to 

ao-e of employee , wa o-e hours of work, or as to afety health, or 

anitary ndition , or in urance or fire prot ction, or general workjno- · ndition than are impo ed by thi Code. 

G. :r o pro vi ion in thi C de shall supersede pro vi ions as to hour. , 

wa . , and conditions of employment whi h are e tablished for 

pecific proje.ct by omp tent governmental authority acting i11 

accor lance with law, or to term· of mployment whi h are e tabli h d b labor a!ITe ments now in fore where ei h r th wao-es are 

higher or the hours of labor are short r, r both, than are those set 
450 

forth in this Code, unless the employees require the termination of 

such contracts and future labor agreements shall not lower conditions 

of labor. 7. All employers hall post complete copies of this Code in conspicuou places accessible to employee . 8. An employer shall not make payment of wage due other than 

in la11ful currency or by nego iable check ther for payable on 

demand. These wage hall be exempt from any payments for pensions, in ·urance, or sick benefits other than those voluntarily paid by 

the wage earners, or required by State law. Pay-periods for wages 

shall be at lea t at the end of every two week , and for alaries at 

least at the encl of every month. The employer or his agent shall 

accept no rebates directly or indirectly, nor give anything of value 

or extend favor to any per on for the purpose of influencing rates 

of wage or the 11orkina conditions of his employees. 

ARTICLE VI-REGISTRATION 

1. Every member of the Indu try shall, within thirty (30) da, 

after the effective date of thi Code, or within ten (10) day after 

becoming a 1nember of the Industry, and annually thereafter, regi -

ter his name, number and type of vehicles operated and such other 

information in such form,, under uch rules and regulations, and 

with such agency a may be pre cribed by the National Code Authority with the approval of the Administrator or a may be required 

by him. 

2. Each member of the Indu try, upon complying with the provisions of Section 1 hereof, shall be issued an annual registration 

certificate and registration insignia indicating such registration. 

The co t of registering vehicles and furnishing insignia for the ame 

shall be a ses eel again t the member registering. 

3. 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 Indu try 

to operate any vehicle without such registration insignia prominently displayed at all times upon the outside of the vehicle. 

4. Each vehicle owned and operated by a farmers' cooperative association shall be regi tered by the association with the appropriate 

code authodity and such authority shall issue a modified type of insignia, which insignia shall be clearly di tinguishable from that 

carried by other clas es of members of the Industry. The co t of 

registering vehicles owned and operated by farmers' cooperative a -

sociations and the cost of furnishing modified insignia for the ame 

shall be assessed by tlrn appropriate Code Authority again t the 

farmers' cooperati, e association , subject to the approval of the 

Admini trator. 

ARTICLE VII-RATES AND TARIFF 

1. Within forty-five ( 45) days after the effective date of thi Code, 

each for hire member of the Indu try shall file with the appropriate 

State or Regional Code Authority schedules o:f minima for rate 

and tariffs covering his operations, subject to the right, however, to 

file amendments or alterations thereto :from time to time. o :for 
451 

hire mern er of th Indu tr,r hall perform any service not cov red 

b. a sch lul de l by him nor lrn.ro-e, coll ct or len and 1 R than 

h minima provi led in such h dnl for the ervi e to be p rf 1m d without fir t havino· fil d requisite alteration or amendments 

to provi l for . u h r du tion. 

2. Rat and tariffs barged by each for hire member f th Industry hall b uffi i nt to m et the o t of the service t o b performed x pt u h le ser rate as may be approved by the appropriate Cod uthorit permittincr uch for hire rnemb r to me t the 

rat and tariff f a ompetitor outside the Indu try. 

t hall be d t rmined in accordance with a co t formula to be 

e tabli h d by the ational Code Authority with the approval of 

the dmini trator as hereinafter provided. If the appropriate State 

or Reo-ional Code Authority shall find, after hearing, that a s ·hedule of 1ninima for rates and tariff filed by any for hire member of 

th Indu try provides rate or rates insufficient to meet the co t of 

the service to be performed, it may suspend such rate or rates and 

shall require the filing of a schedule of minima for such rate or 

rates sufficient to cover the cost of such, service. 

3. Co t formula for determination of rates and tariffs in the divi ion or areas of the Industry, rules and regulation to make 

effective the provisions of this Article, and rules and regulation to 

govern hearing by State and Regional Code Authorities and to 

govern appeals from the action of Divisional, State and Regional 

ode Authorities shall be formulated by the National Code Authority to be effective on approval by the Administrator. Additional 

provisions for rates and tariffs may be submitted by the National 

Code Authority to be effective on approval by the Administrator, 

after due notice and hearing. 

ARTIOLE VIII-TRADE AGREEMENTS 

Agreements respecting trade practices and agreements formulated 

by members of the Industry tending to liberalize labor conditions, 

pro ided that such agreements are not in violation of any of the 

provi ions of Articles IV and V hereof, may be formulated by members of the Industry subject to rules and regulations with respect 

thereto made by the National Code Authority with approval of the 

Administrator. 

vVhen a trade agreement covering any one of the above ubjects 

i formulated it shall be submitted to the appropriate Regional or 

tate Code Authority, which Code Authority shall give notice to 

all regi tered members of the Industry who might be affected by aid 

agreement, and after such notice shall hold a hearing thereon. The 

notice shall be given and the hearing held according to rules and 

r gulation · pre cribed by the Nation~l Code Authority. 

Trade acrreements involvino- only member of the Indu try falling 

und r the jurisdiction of Divisional or State Code Authorities shall 

be ubmitted to the a1 propriate State Code uthority. Trn e agree- m nt xt n ing b yond the juri diction of a State Code Authority 

shall be ubmitted to the appropriate Reaional Code uthorit. nd 

if extendin()' beyond the jurisdiction of one Re()'ional ocl Authority, 

shall be presented to the Code Auth rity for one of th region in-
452 

volvecl and shall be dealt with by a joint committee of all the regional 

code authorities within whose jurisdiction such group agreement is 

effective. The Code Authority to which such trade agreement is 

originally presented shall give notice to all other regional code authorities in order that such joint committee may be set up. In 

dealing with such trade agreement, the joint committee of all the 

regions involved hall be vested with the powers of the several regional code authorities from which its mem.bers are appointed. The 

proceedings of such inter-regional committee shall be conducted according to rules and regulations prescribed by the National Code 

Authority and each Regional Code Authority involved shall be 

kept fully informed of the activities of the joint committee. 

If the appropriate Code Authority shall find after hearing that 

the proposed agreement complies with the provisions of this Code 

and that it is assented to by members of the Industry operating a 

majority of the vehicles involved or carrying a major portion of the 

tonnage involved, and that the members presenting the agreement 

are truly representative of the members of the Indu try bound 

thereby, it shall submit the agreement through the National Code 

Authority to the Administrator together with its recommendations 

on the same, accompanied by evidence in support of its recommendations. If approved by the Administrator the provisions of such 

trade agreement shall be binding upon all members of the Industry 

falling within the jurisdiction of the Code Authority presenting the 

agreement. 

Ea ch trade agreement submitted shall definitely set forth the 

scope thereof by area and by operation, and shall designate therein 

a committee of three members of the Industry with power to consent 

to a.ny modification or change which the Administrator 1nay require 

in order that such agreement shall conform to the provisions of the 

Act. Such committee shall act through the Code Authority to which 

the agreement was submitted and the National Code Authority, as 

the occa ion may require. 

ARTICLE IX-TRADE PRACTICE RULES 

Violation of any of the following Trade Practice Rules shall constitute unfair practices under the provisions of this Code. Any 

member of the Industry who shall, directly or indirectly, through 

any officer, employee, agent, or representative, use, employ, or permit 

to be employed, any such unfair practices shall be guilty of a violation of the Code. 

1. No member of the Industry shall transport property for hire 

unless a freight bill, shipping order, bill of lading, or other written 

memorandum. shall be issued within forty-eight ( 48) hour of the 

beginning of the transportation, and each member of the Indu try 

shall make a true copy of the original a part of his pern1anent records; provided that exceptions from this Section may be pre cribed 

or granted by the appropriate Code Authority, where in the judgment of such Code Authority exception is appropriate. 

No member of the Industry shall transport property for hire unless the hipment is accompanied by a n1emorandum receipt showing 

,(a) the point of origin, (b) the name of the consigner, (c) the date, 

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(d) a general description of the shipment, (e) destination, and (f) 

tl1e name of the on ign , provid d that x cpti n from tl i c tion 

may b pr rib d or grante l by the a1 propria od Authority 

here in the judgm nt of u h 'ode Authority, ·ception is appropriat . 

2. o m mb r of t.he Indu try shall e r tl off r or make any 

payment r allowan f a rebate, r fund, commi. sion, ere it, unearn d di ount, or xc s allowance, whether in the form of mon y 

or otherwi e, for the purpo e of influen ing a shi1 ment, nor hall a 

m mb r er tly ext nd to any hipper any s1 ecial ·ervice or privi1 o·e n t t n d to all hipr er under like terms and condition . 

3. o memb r of the Irn.lustry shall allow any hipper to bill 

fr ight at 1 s than it actual weight or to fal ely cl scribe any shipn1 nt. 

4. o member of the In lustry hall in any way misrepresent any 

s rv:i.ce or u e ad Yertising (whether printed, radio, display' or of 

an other nature) or oth r representation which i inaccurate in 

any material particular. 

5. No member of the Industry shall att mpt to induce the breach 

of an existing contract between a competitor and his employee or 

cu tomer; nor shall any such member interfere with or obstruct the 

performance of such contractual duties or service. 

6. o member of the Industry shall defame a competitor by 

fal ely imputing to him di honorable conduct, inability to perform 

contracts, questionable credit standing, or by other false representations. 

7. No member of the Indu try shall publish or circularize unj ustified or unwarranted threats of legal proceedings which tend to or 

have the effect of harassing competitors or intimidating their 

cu tomers. 

8. o member of the Industry shall give, permit to be given, or 

directly offer 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. Commercial bribery provisions shall not be con. trued to prohibit free 

and general distribution of articles commonly used for advertisinoexcept so far as such articles are actually used for commercial 

bribery as hereinabove defined. 

9. o member of the Industry shall drive a vehicle without conformino· to the provi ions as to maximum hours established in this 

Code. 

uch other rules with r spect to Trade Practice as may be onsid red nece . ary to prevent unfair competition in the Industry may 

be formulated throuo-h Trade Agr ements among member of the 

Indu tr 1 according to the provi ions of Article VIII of this Code. 

ARTICLE X-GENERAL 

1. This cl and all the provi ions thereof are expre.·sly made 

ubject to the right of the Pr ident of the United State , in accordanc with the provi ion of ubsection (b), (Title I, Section 10) of 

the Act, from time to time to cancel or modify any order, approval, 
454 

license, rule or regulation issued under Title I of said Act and 

specifically, but without limitation, to the right of the President of 

the United States 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 proYisions required by the Act, may be 

modified or amended, such modification or amendment to be based 

upon application to the Administrator and such notice and hearing 

as he shall specify, and to become e:ff ecti ve on approval of the 

Pre ident of the United States. 

3. The records of the National, Regional, State, and Divisional 

Code Authorities, including information obtained from the Industry and in respect to any and all other affairs of such Code Authorities, shall be open to the inspection of the Administrator or 

his duly authorized representatives. 

4. "\Vhere the costs of executing contracts entered into prior to 

the approval of this Code are increased by the application of ·this 

Code under the Act, it is equitable and promotive of the purposes of 

this Code that appropriate adjustments of such contracts to reflect 

increased costs be had. 

5. Full recognition is accorded the effect of State laws, and it is 

neither the intent nor purpose of this Code to abrogate, change, or 

modify the effect of any State law. 6. No provision of thi Code shall be so applied as to permit 

monopolies or monopolistic practices, or to eliminate, oppress, or 

discriminate against sm.all enterprises. 

7. The provisions of this Code shall become effective fifteen (15) 

days after the approval of the Code by the President of the United 

States and shall remain in effect until and for sixty ( 60) days after 

Title I of the Act shall have ceased to be effective either by expiration under its terms or by proclamation of the President of the 

United States. vVhen so terminated, all obligation and liabilities 

under the Code shall cease, except those for unpaid dues and assess- ments theretofore made in accordance with the provisions of this 

Code. 

Approved Code No. 278. 

Registry No. 1411-61. 

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