NATIONAL RECOVERY ADMINISTRATION 

CODE Q,F FAIR C,Q,MPETITION 

FOR THE 

RAILROAD TIE INDUSTRY 

AS SUBMITTED ON AUGUST 26, 1933 

REGISTRY No. 320-08 

The Code for the Railroad Tie Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

WE DO OUR PART 

UNIV. o,. FL UI. 

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U.I. DlftOMTOflff 

TED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

\ 

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• 
CODE OF FAIR COMPETITION FOR THE RAILROAD TIE 

INDUSTRY 

ARTICLE I-PURPOSE 

To effectuate the policy of Title 1 of the National Industrial Recovery Act the following provisions are established as a Code of Fair 

Competition for the Railroad Tie Industry for the purposes of increasing employment, establishing fair and adequate wages, improving standards of labor, eliminating unfair trade practices, restoring 

individual enterprises within the Industry to a sound :financial position and avoiding further depletion and destruction of capital assets 

so that the Railroad Tie Industry will be rehabilitated and enabled 

to do its part toward establishing that balance of industries which is 

necessary to the restoration and maintenance of the highest practical 

degree of public welfare. 

ARTICLE II-DEFINITIONS 

The term "railroad tie industry" as used herein is defined to mean 

and cover the production, seasoning, marketing, and distribution of 

cross ties, switch ties, and bridge ties used by steam, electric, or other 

railroads. 

The term "producer" as used herein includes any individual, firm, 

partnership, or corporation engaged in the business of accumulating 

ties in concentrating yards for seasoning or otherwise, and/or the distribution of same, from tiemakers and/or the actual producing of 

railroad ties and timber direct from self-owned or controlled timber 

tracts. 

The term '' tie maker'' as used herein is defined to mean any person 

(usually a farmer) who produces ties in relatively small quantities 

during a portion of each work year because of irregular work periods 

caused by climatic or other physical factors of production, most of 

whom live in remote parts of the country and have no direct facilities 

for marketing their product. 

ARTICLE III-ORGANIZATION AND ADMINISTRATION 

SECTION 1. Membership in the Railway Tie Association shall be 

open to any person, firm, or corporation engaged in the making, producing, distributing, or selling of railroad ties, and/or other products 

of the industry as hereinbefore defined. 

SEC. 2. The officers of the Railway Tie Association shall function 

for the enlarged organization, consequent upon the adoption of this 

Code, in addition to the offices and officers created by this Code. SEc. 3. A committee to administer the provisions of this Code, 

secure adherence thereto, hear and adjust complaints, consider 

8186-33 (1) 
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proposals for amendments and exceptions thereto, and otherwise 

carry out in the tie industry the purposes of the National Industrial 

Recovery Act, as set forth in this Code, shall be and is hereby created,. 

known as the Administrative Committee. It shall consist of seven 

members one of whom shall be the President of the Railway Tie Association, who shall be chairman of the Administrative Committee. 

Each District Committee representing the districts hereinafter 

created, shall choose one representative. The president of the Railway Tie Association shall appoint, subject to the approval of the 

Executive Committee of the Association, two members at large. 

The Committee shall not transact business with less than five members present, the vote of the majority present to govern. Not more 

than one member of the Administrative Committee shall be from the 

same business organization, affiliates, or subsidiaries. 

SEc. 4. Each Regional District shall create and select, by a majority 

vote of all members operating in that region, its own Regional Committee, consisting of not less than three members, which shall be 

independent and self-governing, in respect of all conditions and problems relating exclusively to said District. Not mor(than one member of each Regional District Committee shall be from the same business organization, affiliates, or subsidiaries. 

Proposals in respect to all matters affecting one or more regional 

districts may be initiated by any such district committe or any producer operating therein and submitted to the Administrative Committee for consideration and decision. 

SEc. 5. The Administrative Committee shall be the general planning and coordinating Agency empowered to act conclusively in resspect of all matters before the Committee for consideration and the 

committee shall have powers and duties as provided herein and in 

addition thereto it shall: 

1. Issue and enforce such rules, regulations, and interpretations and 

designate such agents and delegate such authority to them as may be 

necessary to effectuate the purpose and to enforce the provisions of 

this Code. 

2. Require reports from persons subject to the jurisdiction of this 

Code on wages, hours of labor, conditions of employment, number of 

employees, production, shipments, stock on hand, and other data 

necessary for the proper administering of this Code, such information 

to be collected thru a distinterested agency and to be treated in a 

confidential manner. 

3. Fix and collect a fee based on production, to be paid by persons 

~ubject to the jurisdiction of this Code to cover the cost of administermg same. 

4. Upon its own initiative, or upon complaint, to make such inquiry 

and investigation, recommendation and report to the lawfully constituted authorities, as may be necessary for the successful operation 

of this Code. 

5. There may be substituted for any regional district member of the 

Administrative Committee, who is unable temporarily to attend 

personally, one or more meetings of the Committee, a member of a 

Regional District Committee designated by the Chairman of such 

Regional District Committee, reasonable notice in advance of such 

designation to be given to the Secretary of the Administrative Com-
3 

mittee, such designated member shall also file with the Secretary 

proper credentials. 

SEc. 6. Any interested party shall have the right of appeal to the 

Administrator of the National Industrial Recovery Act, under such 

rules and regulations as he shall prescribe, in respect of any decision, 

rule, regulation, order, or finding made by the Administrative 

Committee. 

ARTICLE IV-REGIONAL DISTRICTS 

The applicant organization, i.e., The Railway Tie Association, shall, 

for the purpose of administration of this Code, set up four regional 

districts of the industry as follows: 

District No. 1 includes Maine, Vermont, New Hampshire, Massachusetts, Connecticut, Rhode Island, New Jersey, New York, Delaware, Pennsylvania, Indiana, Ohio, Illinois. 

District No. 2 includes Maryland, Virginia, West Virginia, North 

Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, 

Louisiana, Kentucky, Tennessee. 

District No. 3 includes Michigan, Wisconsin, Minnesota, North 

Dakota, South Dakota, Montana, Idaho, Wyoming, Nevada, Utah, 

Nebraska, Kansas, Iowa. 

District No. 4 includes Arkansas, Missouri, Oklahoma, Texas, New 

Mexico, Colorado, Arizona. 

ARTICLE V-LABOR CODE 

SECTION 1. Employees engaged in the production of railroad ties 

shall have the right to organize and bargain collectively through 

representatives of their own choosing. 

SEc. 2. No employees and no one seeking employment shall be 

required as a condition of employment to join any organization or to 

refrain from joining a labor organization of his own choosing. 

SEc. 3. Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other working conditions approved or 

prescribed by the President. 

SEc. 4. It is the declared purpose of the industry to observe and 

carry out the intent of the National Industrial Recovery Act. 

SEc. 5. The maximum hours of labor and the minimum rates of 

pay for all employees shall be as presented below, subject to exceptions as follows: 

(1) Individuals excluded by Section 5, Sub-Paragraph A of Title 1 . of the National Industrial Recovery Act. 

(2) Executives and those employed in supervisory capacities. 

(3) Temporary employment in case of emergency. 

(4) Seasonal Operations.-Seasonal operations are defined as those 

which, on account of elevation or other physical conditions or dependence upon climatic factors, are ordinarily limited to a period of 

ten months or less of the calendar year. 

The Administrative Committee may authorize employment in a 

seasonal operation for a maximum number of hours not exceeding 

48 hours in any week, with the exception of parts of an operation 

depending on climatic conditions, such as stream driving and sled 

hauling, in which a greater excess may be authorized; provided, that 

the average employment in any seasonal operation in any calendar 

year shall not exceed the standard schedule. 
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MAXIMUM HOURS OF LABOR 

The maximum hours of labor of employees subject to the jurisdiction of this Code shall be 40 hours per week. 

MINIMUM RATE OF PAY 

Minimum rates of pay to any class of employees shall be not less 

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

immediate trade area of such city; not less than $14.50 per week in 

.any city of 250,000 to 500,000 population, or in the immediate trade 

area of such city; not less than $14.00 per week in any city of between 

2,500 and 250,000 population, or in the immediate trade area of such 

city; and in towns and rural districts of less than 2,500 population all 

wages shall be increased by not less than 20%: Provided, That this 

shall not require wages in the excess of $10.00 per week; provided, 

however, that wages may be paid upon a piecework basis at such 

rates that the average worker on said piecework basis will, with 

reasonable diligence and ability, be able to earn the foregoing minimum rates of pay: Provided further, That employers covered by this 

Code shall not reduce the wages of their employees who are now 

receiving wages between the minimum herein set and $35.00 per week. 

CHILD LABOR 

On and after the effective date of this Code employers in the Railway Tie Industry shall not employ any minor under. the age of 

sixteen years. 

ARTICLE VI-MARKETING ConE 

The Administrative Committee shall establish a standard form and 

method of accounting for the purpose of determining costs. · Each 

Regional District Committee shall use the methods and forms prescribed by the Administrative Committee, and shall determine and 

report to the Administrative Committee average current minimum 

costs at principal producing points in each region. These costs are to 

be revised from time to time as conditions warrant. The sale and the 

offering for sale by persons subject to the jurisdiction of this Code at 

prices less than the minimum cost thus established in each regional 

district is an unfair method of competition. 

Persons subject to the provisions of this Code may sell or dispose of 

ties at less than the minimum costs as outlined above where such ties 

will not meet the Standard Specifications for ties as adopted by the 

Railway Tie Association and the American Railway Engineering 

Association. 

Nothing herein is to be construed~ an intent to fix the selling price 

of ties, but this Code is intended to prevent or punish any flagrant 

offenses of selling below cost, depressing wages or other compensation 

as may be generally observed throughout the industry. 

ARTICLE VII-MONOPOLIES 

(a) This Code is not designed to permit monopolies and shall not 

be available for such purpose. 
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(b) The provisions of this Code shall not be interpreted or administered so as to eliminate or oppress small enterprises or discriminate 

against them. 

ARTICLE VIII-VIOLATIONS 

Intentional violations by any person subject to the jurisdiction of 

this Code of any provisions of this Code or of any approved rule 

issued thereunder or of any agreement entered into by him with the 

Administrative Committee to observe and conform to this Code and 

set rules is an unfair method of competition and the violator shall be 

subject to the penalties imposed by the National Industrial Recovery 

Act. 

ARTICLE IX 

The President may, from time to time, cancel or modify any order> 

approval, license, rule, or regulation issued under Title 1 of the 

National Industrial Recovery Act. 

Such of the provisions of this Code as are not required to be included 

herein by the National Industrial Recovery Act,may, with the approval 

of the President, be modified or eliminated if it appears that the public 

needs are not being served thereby and as changes in circumstances or 

experience may indicate. They shall remain in effect unless and until 

so modified or eliminated or until the expiration of the Act. It is 

contemplated that from time to time supplementary provisions to 

this Code or additional Codes will be submitted for approval of the 

President to prevent unfair competition in price and other unfairand destructive competitive practices and to effectuate the other 

purposes and policies of Title 1 of the National Industrial Recovery 

Act and which shall not conflict with the provisions hereof. 

If any provision of this Code be declared invalid or unenforceable 

the remaining provisions shall nevertheless continue in full force and 

effect the same as if they had been separately presented for approval 

and approved by the President. 

This Code shall be in full force and effect beginning fifteen (15) 

days after its approval by the President. 

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UNIVERSITY OF FLORIDA 

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