Approved Code No. 347C-Amendment No. 2 Registry No. 1312-07 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

LOCO l\lOTIVE 

MANUFACTURING INDUSTRY 

(A Division of the Machinery and Allied Products ,Industry) 

AS APPROVED ON DECEMBER 31, 1934 

W E DO OUR PART 

. -- ...... 

,A,, o=- • .,._ .... 

U.i. DEPOMTOlff 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 19:5 

For sale by the Superintendent of Documents, Washington, D. C. • • • • • • • • • Price 5 cents 
Thi publication i for sale by the Superintendent of Documents, G Hrnm nt 

Printing Offic , , a bington, . C., and by di trict office:. r tbe Bureau ot 

Foreign and Dome tic Corumerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Mass. : 1801 Customhou e. 

Buffa lo, N. Y. : Chamber of Commerce Building-. 

Charle ·ton, S. '.: Chamber of Commerce Building. 

Cbic:1go, Ill.: Suite 1706, 201 orth Wells Street. 

Cleveland, Ohio : Chamber of Commerce. 

Dalla~, T x.: Chamber of Commerce Building. 

Detroit, Mich.: 01 First National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of 'omrn rce Building. 

Kan as City, Mo.: 102 Baltimore A enue. 

Lo An°·e}es, Calif.: 1163 outh Brondway. 

Loui ville, Ky.: 408 Federal Buildinu-. 

Memphis, T nn. : 229 Federal I3uilding. 

Minneapolis, Minn. : 213 Federal Buill1ing. 

Ne\v Orl an , La.: Room 225-A, Customhouse. 

New York, N. Y.: 734 CustomlJ u e. 

Norfolk, Ya.: 406 East Plume Street. 

Pbilarlelpbia, Pa.: 422 Commercial Tru t Builtling. 

Pitt burgh, Pa.: Chamber of Comm r ·c Buildillg. 

Portland, Or u.: 2J 5 New Post Office Building. 

St. Loui ·, l\Io.: 506 Olive tre t. 

San Frl.ln ·i co, Calif.: 310 Cust mhouse. 

Seattle, Wa. h.: 800 Ferleral Offi<:E Builrling. 
Approved Code No. 347C-Amendment No. 2 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 

COMPETITION 

FOR THE 

LOCOMOTIVE MANUFACTURING INDUSTRY 

As Approved on December 31, 1934 

ORDER 

A PPROVI NG AMENDMENT OF SUPPLEMENTARY CODE OF F AIR COMPETITION FOR THE LOCOMOTIVE MANUFACTURING INDUSTRY 

A DIVISION OF THE, MACHINERY AND ALLIED PRODUCTS 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 amendment 

to a Supplementary Code of Fair Competition for the Locomotive 

IVIanufacturing Subdivision of the Machinery and Allied Products 

I ndustry, and hearings having been duly held thereon and the annexed report on said amendment, containing findings with respect 

thereto, having been made and directed to the President : 

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

States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including 

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

and the Code as constituted after being amended comply in all respects with the pertinent provisions and will promote the policy and 

purposes of said title of said Act, and does hereby order that said 

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

approval of said Supplementary Code in its entirety as amended; 

provided, however, that the provisions of Subsection 3 of Section (b) 

of Article VI shall not be deemed to require the inclu ion of consequential damages in any agreement made by a purchaser to indem- nify an employer in accordance with <: .1ch provisions; provided fur105~Gs 0-14G5-6-35 (1) 
2 

th r. i.h at .-u h n ppro ·al an 1 ~ll c-h nm n lm nt shall tnk fl' t 

tw n(:y-ont' (:H) days fr 1n th clnt h r cf 11111 .-._, g <.l au.·, to th , 

· mtrn n is shown to thi ar 1 h for th< t tim an l th I oar l 

1 u u· .-ubs qucnt r l r to tha ff ·t. 

AilD 

ffz'c I'. 

WA HI GTON D. . Dec mber 31, 1934. 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: Under the Supplementary Code of Fair Competition for the 

Locomotive Manufacturing Subdivision of the :Machinery and Allied 

Products Industry as approved on April 30, 1934, the Code Authority for said Subdivision has submitted the Amendm.ents which are 

included and attached. 

Hearing on the Amendments was held August 29, 1934 at the 

Washington Hotel in "\Vashington, D. C.,_ and opportunity to be 

heard was duly noticed to all interested parties. No objections were 

received. 

FINDINGS 

The Assistant Deputy Administrator in his final report on said 

Amendments to said Supplementary Code having found as herein 

set forth and on the basis of all proceedings in this matter, 

It is found that: 

(a) The Amendments to said Supplementary Code and the Supplementary Code as amended are well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, 

including the removal of obstructions to the free flow of interstate 

and foreign commerce which tend to diminish the amount thereof, 

and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action of labor and 

management under adequate governmental sanction and supervision, 

by eliminating unfair competitive practices, by promoting the fullest 

possible utilization of the present productive capacity of industries, by avoiding undue restriction of production ( except as may be temporarily required), by increasing the consumption of industrial and 

agricultural products through increasino- purchasing power, by reducing and relieving unemployment, by improving standards of 

labor, and by otherwise rehabilitating industry. 

(b) The Supplementary Code as a.m.ended complies in all respects 

with the pertinent provisions of said Title of said Act, including 

without limitation Sub ection (a) of Section 3, Subsection (a) of 

Section 7, and Subsection (b) of Section 10 thereof. 

(c) The afore aid amendments have been presented in accordance 

with the requirements of the National Industrial Recovery Adminis- tration by the Code Authority which "·as officially recognized on 

August 28, 1934. 

(d) The amendments and the Supplementary Code as amended 

are not designed to and will not permit monopolies or monopolistic 

practices. 

(3) 
4 

DECEMBER 31, 1934. 

n appr Y d. 

ar : 

v . A. H.1nnnr 

Adm,inistt·ativ Offec r. 
AMENDMENT 

T O 

SUPPLEMENTARY CODE OF F AIR COMPETITI ON 

FOR TH E 

LOCO1i!f OTI VE MANUFACTURING INDUSTRY 

A DIVISION OF THE 

M ACHINERY AND ALI.JED PRODUCTS INDUSTRY 

PURPOSE 

Pursuant to Article VI, Section (b) of the Supplementary Code 

of Fair Competition for the Locomotive ~!fanufacturing Subdivision 

of the Machinery and Allied P roducts Industry, duly approved on 

April 30, 1934, and further to effectuate the policies of Title I of the 

National Industrial Recovery Act, the following amendments ar e 

established as a part of said Supplementary Code of Fair Competition, and, upon approval, shall be binding upon every member of 

the Locomotive Manufacturing Industry. 

A MENDMENTS 

A1nend Articles VI, VII, VIII and IX by ch anging the numbers 

of said Articles to VII, VIII, IX, and X re pectively; and insert a 

new Article VI, which hall read as follows : 

ARTICLE VI-UNFAIR TRADE PRACTICES 

To accomplish the purpo es contemplated by the Act and to provide against unfair methods of competition, the following provisions 

are hereby established : 

(a ) No em player hall subsequent to the time of clo ing a contract 

for the sale, by uch employer, of any of the product of the Sub- division, make or gi, e any rebate, credit, discount, allowance or like 

concession upon the base sales price stated in the contract, to the 

purcha er of such products of the Subdivi ion, except on account of 

changes in the specifications thereof or in compensation or allowance for the material , equipment, appliances and/ or attachments 

purchased by the employer from such purcha er thereunder or fur- nished to the employer by or on behalf f uch pur haser for use 

in the construction of the products of the Subdivision covered 

thereby. 

(5) 
G 

(b) T 

... ' 0 

1 ~ce paragrapb 2 of ordPr npproving this .Amendment. 
7 

qualitative characteri tics or performance characteristics of the 

product. 

(f) The provi ions of this Article VI shall not apply to the sale 

of locomotives propelled by electric motors (including fini hed and/ 

or semi-fini hed component r,epair or replacement parts thereof or 

therefor or for use therein) where employers in this Subdivision are 

competing with members of the Electrical Manufacturing Industry, 

or to export trade or sales or shipments for export trade. Export 

trade shall be as defined in the Export Trade Act adopted April 

10, 1918. 

Approved Code No. 347C-Amendment No. 2. 

Registry No. 1312-07. 

0 
Digitized by the Internet Archive 

in 2011 with funding from 

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

http://www.archive.org/details/amendmenttosupp10692unit 





UNIVERSITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIIIII II IIII IIIIII II 11 111 111111111 1 

3 1262 08583 0692