Approved Code No. 278-Arnendrnent No.5 Registry No. 1411~1 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

TRUCKING INDUSTRY 

AS APPROVED ON MAY 11, 1935 

WE DO OUR PART 

' • 0 ~ -::_~- .. ----

- TORY 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

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Approved Code No. 278-Amendment No. 5 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

TRUCKING INDUSTRY 

As Approved on May 11, 1935 

ORDER 

APPROVING AMENDMENT OF CoDE oF FAIR CoMPETITION FOR THE 

TRUCKING INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the N ational Industrial 

Recovery Act, approved June 16, 1933, for approval of a modification 

to the Code of Fair Competition for the Trucking Industry, and an 

opportunity to be heard having been duly afforded all interested 

parties and the annexed report on said modification, 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. 6589, dated September 27, 1934, and otherwise; does 

hereby incorporate, by reference, said annexed r eport and does find 

that said modificatiOn and the Code as constituted after being modified 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 modification be and it is hereby approved, and 

that the previous approval of said Code is hereby modified to include 

an approval of said Code in its entirety as amended. 

NATIONAL INDUSTRIAL REcovERY BoARD, 

By W. A. HARRIMAN, Ad1ninistrative Officer. 

Approval recommended: 

L. H. PEEBLES, 

Division Ad1ninistrator. 

WASHINGTON, D. c., 

M ay 11, 1935. 

135363°----1844- 23----35 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White HoU8e. Srn: An application has been duly made pursuant to and in full 

compliance with the provisions of the National Industrial Recovery 

Act for an amendment to Article V, Section B, Subsection 4 of the 

Code of Fair Competition for the Trucking Industry. 

The Code of Fair Competition for the Trucking Industry was 

approved on February 10, 1934. Article V, Section B provides for 

minimum wages for the various employees engaged in the Industry. 

This proposed amendment was submitted to the Administration 

by the National Code Authority for the said Industry. After approval, this amendment will set up minimum weekly rates of pay 

for rate clerks and dispatchers and will thereafter be a part of the 

Code and enforceable as such. 

This amendment propo es to set up minimum wage scales for rate 

clerks and dispatchers of (a) $18.00 per week in any city of 500,000 

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

$17.40 per week in any city of 250,000 or over and less than 500,000 

population, or in the immediate trade area thereof; (c) $16.80 per 

week in cities or places of less than 250,000 population. 

Under the provisions of Article V, Section A, Subsection 1 of the 

Trucking Code, no employee engaged in clerical or office work except 

rate clerks and dispatchers is permitted to work in excess of forty 

( 40) hours in any one week. All other employees excepting drivers 

and helpers (including rate clerks and dispatcher ) may not work in 

excess of forty-eight (48) hours per week averaged over a three week 

period. 

Article V, Section B, Subsection 4, as now written, provides that 

office employees shall not 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. 

It can be seen that in the hour provisions a differentiation is made 

between the maxim_um hours allowed for rate clerks and dispatchers 

and those allowed other office employees. The former are allowed to 

work forty-eight (48) hours a week averaged over a three week 

period and the latter are restricted to forty ( 40) hours a week. 

However, in the wage provisions no such differentiation is made and 

all office employees are to be paid at the rate specified above. This 

?s inequitable since under this arrangement rate clerks and dispatchers would be paid the same weekly wage for a forty-eight (48) 

hour week that other office employees are paid for a forty (40) hour 

week. 

Rate clerks and eli patchers are as skilled as any other type of 

office employee and should receive at least the same rate of pay. 

This amendment is drawn to achieve this result. The weekly wage 

scales set up in the proposed amendment have been arrived at by 

(2) 
3 

dividing the weekly wage of office employees in each class by forty 

and by multiplying the result by forty-eight. 

FINDINGS 

The Deputy Admini trator, in his final report to the National 

Industrial Recovery Board on this amendment to aid Code, having 

found as herein set forth and on the basis of all proceedings in this 

matter: 

The National Industrial Recovery Board find that: 

(a) This amendment will eliminate an inequitable lifferential relative to minimum wages as applied to clerical employees in the 

Trucking Industry. 

(b) This amendment will correct an oversight in code drafting that 

should have been contained in the Trucking Code from the beginning. 

(c) This amendment providing minimum wages for rate clerks and 

dispatchers is fair to industry members and beneficial to labor. 

(d) The amendment to said Code and the Code a amended are 

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

National Industrial Recovery Act, including the removal of ob truction 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 among trade groups, by inducing and maintaining united 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 

producing capacity of industries, by avoiding undue restriction of 

production (except as may be temporarily required), by increasing 

the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving employment, 

by improving standards of labor, and by otherwise rehabilitating 

industry. 

(e) The Code as amended 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 

Sub ection (b) of Section 10 thereof. 

(f) The Code Authority, which submitted the application for 

amendment of the Code, is authorized by said Code to submit 

amendments which upon approval by the National Recovery Admini tration, will become binding on the Industry. 

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

to and will not permit monopolies or monopolistic practices. 

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

to and will not eliminate or oppress small enterprises and will not 

operate to di criminate against them. 

( i) Tho e engaged in any other steps of the economic process 

have not been deprived of the right to be heard prior to approval 

of said amendment. 

For thee rea ons, this amendment has been approved. 

For the National Industrial Recovery Board: 

. l 

MAY 11, 1935. 

w. A. HARRIMAN, 

Administrative Officer. 
AMENDMENT TO CODE OFF AIR COMPETITION FOR THE 

TRUCKING INDUSTRY 

Article V, Section B, Subsection 4 is hereby amended by adding 

the following clause thereto: 

" ; provided, however, that no rate clerk or dispatcher shall be paid 

less than at the rate of (a) $18.00 per week in any city of 500,000 

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

$17.40 per week in any city of 250,000 or over and less than 500,000 

population, or in the immediate trade area thereof ; (c) $16.80 per 

week in cities or places of less than 250,000 population." 

As thus amended, Article V, Section B, Subsection 4 reads as 

follows: 

"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; provided, however, that no rate clerk or dispatcher shall be paid less than at the rate of (a) $18.00 per week 

in any city of 500,000 population or over, or in the immediate trade 

area thereof; (b) $17.40 per week in any city of 250,000 or over and 

less than 500,000 population, or in the immediate trade area thereof; 

(c) $16.80 per week in cities or places of less than 250,000 population." 

Approved Code No. 278-Amendment No. 5. 

Registry No. 1411-61. 

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