Approved Code No. 24-Amendment No. 4 Registry No. 702-45 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

BITUMINOUS COAL INDUSTRY 

AS APPROVED ON NOVEMBER 5, 1934 

• 

WE DO OUR PART 

-5 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 193, 

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Printing Office, Washington, D. C., and by district offices of the Bureau of 

Foreign a nd Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga. : 50:1 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, 1\Ias . : 1801 Customhouse. Buffalo, N. Y. : C11amber of Commerce Building. 

Cha rle ton, S. C.: Chamber of Commerce Building. 

Chicago, 111.: Suite 1706, 201 North Wells Street. 

Clevela nd, Ohio : Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

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J"acksonville, Fla.: Chamber of Commerce_ Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif. : 1163 South Broadway. 

Louisville, Ky.: 408 F ederal Building. 

Memphis, Tenn. : 229 Feder al Building. 

Minneapolis, Minn. : 213 F eder al Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N. Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa.: 422 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portla nd, Oreg. : 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. 

San Franci co, Calif. : 310 Customhouse. Seattle, Wash. : 809 Federal Office Building. 
Approved Code No. 24-Amendment No. 4 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BITUMINOUS COAL INDUSTRY 

As Approved on November 5, 1934 

ORDER 

lPPRov:rxo Al\IEND:i\fENT OF CoDE OF FAIR CouPETITIO:N" FOR THE 

BrTUMINO s Co.AL IND TRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the ational Industrial 

Recovery Act, approYed June 16th, 1933, for approval of an amendment to a Code of Fair Competition for the Bituminous Coal Industry as contained in a published Notice of Opportunity to File Objections, Administrative Order 2±----52, dated Augu t 1, 1934, and 

amended to meet certain objections which were filed a provided in 

said Published Notice and annexed report on aid amendment, containing findings with re pect thereto, having been made and directed 

to the Pre ident. 

N 0"\V, THEREFORE, on behalf of the Pre ident of the United 

States, the N a'"ional Industrial Recovery Board pur uant to authority vested in it by Executive Orders of the President, including 

Executive Order o. 6859, and otherwise, does hereby incorporate, by 

reference, aid annexed report and does find that said amendment 

and the Code as constituted after being amended complies in all 

respects with the pertinent provisions and will promote the policy 

and the purpo es of said Title of said Act, and does hereby order 

that aid amendn1ent be and is hereby approved, and that the previous approval of said Code is hereby amended to include approval 

of said Code in its entirety as amended. 

NATION AL INDUSTRIAL RECOVERY BOARD, 

By W. A. liAruuMAN, Administrative Officer. 

Approval recommended: 

W. P. ELLisb 

Acting ivision Administrator. 

vVA nr ~oToN, D. c., 

N overnber 5, 1934 

95345°-1325-24-34 (1) 
REPORT TO THE PRESIDENT 

The PRE 'IDENT, 

The lVhite House. 

Srn: An application has be.en duly made pursuant to and in full 

compliance with the provisions of the National Industrial Recovery 

Act, for an amendment to the Co le of Fair Competition for the Bituminou Coal Indu try, submitted by the Code Authority for the said 

Industry. The e:xi ting provision of Article VII, Section 3 of the Code for 

said Industry, is entirely inadequate in view of the necessity of ob- t aining reliable data and facts for use in studies of wages and prices 

and in administering the provisions of the Code, and it is therefore 

evident that the propo ed amendment to Article VII, Section 3, of 

said Code will oYer come the existing inadequate provision. 

FINDINGS 

The Acting Deputy Administrator in his final report to us on the 

amendment to the Code of Fair Competition for the Bituminous Coal 

Industry haYing found a herein set forth and on the basis of all procfedings in this matter: 

We find that : 

(a) The amendment to aid Code and the Code as amended are 

well designed to promote the policies and purposes of Title I of 

the National Industrial Recovery Act includino- the removal of ob-

. tructions to the free flow of inter tate and foreign commerce which 

tend to diminish the amount thereof, and will provide for the general 

welfare by promoting the organization of industry for the purpose 

of cooperative action among trade groups, by including and maintaining united action of labor and management under adequate govf'rnmental ·anction and supervision, by eliminating unfair competitive practice , by promoting the fullest possible utilization of the 

present productive capacity of indu tries, by avoiding undue restriction of production ( except as may be temporarily required) by increasing the con umption of industrial and agricultural products 

through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise 

rehabilitating industry. 

(b) The Code as modified complie 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 Code empowers any Divi ional Code Authority to present 

the aforesaid amendment on behalf of the industry as a whole. 

( d) The amendment and the Code as amended are not designed 

to and will not permit monopolies or monopolistic practices. 

(2) 
3 

( e) The amendn1ent and the Code a amended are not designed 

to and will not eliminate or oppre s mall enterpri es and will not 

operate to di criminate against them. 

( f) Those engaged in other teps of the economic process have not 

been deprived of the right to be heard prior to approval of said 

amendment. 

Said amendment i accordingly approved. 

For the National Industrial Recovery Board: 

w. A. HARRIMAN' 

Administrative Offioer. 

NOVEMBER 5, 1934. 
AM:ENDMENT TO CODE OF FAIR COMPETITION FOR 

THE BITUMINOUS COAL INDUSTRY 

Delete Section 3 of Article VII and ·ubstitute in lieu thereof the 

following: 

SECTION 3. (a) Each Code Authority shall set up and maintain a 

Statistical Bureau which shall be under the direction of a Managing 

Director, who may be the Secretary of the Code Authority and who 

shall not be an officer, director, or employee of any :producer. All 

producers shall, in their respective Sub-divisions, ( or Divisions) 

report all spot orders to such Bureau and shall file with such Bureau 

copies of all contracts for the sale of coal, copies of all invoices, 

copies of all credit memoranda and such other information concerning the produdion and sale of coal as such Code Authority, with 

the approval of its Presidential Member, may require. 

(b) Each producer shall, in his Sub-division ( or Division) file 

all such reports and other information as described in sub-section (a) 

above with the Statistical Bureau of the Sub-division ( or Division). 

Failure to file such reports or other information, or filing materially 

inaccurate reports or other information, shall he a violation of the 

Code. 

( c) All such records shall be held by such Bureau as the confidential records of the pro lucer filing such information, until the Code 

Authority shall direct their return to the producer filing the same. 

( d) Each Bureau shall, if so directed by the Code Authority, 

compile from such records, in composite form and in such manner 

as shall not be prejudicial to the interests of any producer, statistical 

information with respect to the sale and distribution of coal. None 

of such records nor the information contained therein shall be disclosed to anyone except as so compiled and except as hereinafter 

provided in subsections ( e) and ( f) hereof in connection with 

violations of the Code. 

( e) The l\1anaging Director shall examine such records and if 

such examination shall, in the opinion of the :Managing Director, 

disclose a violation of the Code, the Managing Director shall report 

such violation to the Presidential l\1ember, together with any information neces ary to enable the Presidential Member to consider such 

violation. In investigations of any complaint of unfair practices, 

the Presidential Member of a Code Authority shall have power to 

require such other reports from, and shall be given access to inspect 

the books and records of producers within the jurisdiction of such 

Code Authority to the extent he may deem necessary for the determination of the validity of the complaint. 

( f) If the Presidential Member shall determine that any such 

complaint as described in subsection ( e) hereof discloses a violation 

of the Code, the Presidential Member shall report such violation to 

the Code Authority together with any reports or other information 

(4) 
5 

filled in accordance with the provisions of this ection which m~y 

appear necessary to the Presidential Member to enable the Code 

Authority to consider the merits of such violation and to take uch 

steps as it shall deem necessary to secure observance of the Code. 

(g) All producers subject to the Code shall furni. h to any goYernment . agency or agencies designated by the Admini trator such 

stati tical information as the Admini trator may from time to time 

deem neces ary for the purpose recited in Section 3 (a) of the National Industrial Recovery Act. 

( h) The expense of administering this Co le by a Di vi ·ion al ( or 

Sub-Divisional) Code Authority shall be borne by tho .. e ubject 

to such Code Authority, each paying his proportionate share, as 

assessed, computed on a tonnage basis, in accordance with regulations prescribed by the Code Authority with the approval of the 

Administrator, and failure to pay such asses. ments hall constitute 

a violation of the Code. 

Approved Code No. 24--Amendment No. 4. 

Registry No. 702--45. 

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UNIVERSITY OF FLORIDA 

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