Registry No. 1417-12 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

ATLANTIC COAST COAL DOCK 

OPERATING INDUSTRY 

AS SUBMITTED ON AUGUST 11, 1933 

WE DO OUR PART 

U S DE .... 0 o: .. :""·r·•'£-v . . 't" . •.•• ...._ _______ -...!~ ,,..~. 

The Code for the Atlantic Coast Coal Dock Operating 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 

UNITED STATES 

GOVERNMENT PRINTING OI<'FlCE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - • Price 5 cents 

' 
SUBMITTED BY 

ATLANTIC COAST COAL DOCK OPERATORS ASSOCIATION 

(II) 
·CODE OF FAIR COMPETITION FILED BY ATLANTIC COAST 

COAL DOCK OPERATORS ASSOCIATION 

August 11, 1933 

To effectuate the policy of Title I of the National Indu trial 

Recovery Act, during the period of emergency and because of said 

Act, the members of the Atlantic Coast Coal Dock Operators Association, establish the following provisions as a Code of Fair Competition for tllis branch of the coal industry. 

I-PURPOSE 

It is the declared purpose of the Atlantic Coast Coal Dock 

Operators Association and of the adherents to this Code, to reduce 

and relieve unemployment; improve the standards of labor; to 

increase the purchasing power of its employees; to provide regulations for the distribution of coal that will be fair and equitable 

to the employee, consuming public, and to this branch of the coal 

.industry. 

II-DEFINITIONS 

The Atlantic Coast Coal Dock Operators Association, as used 

herein, shall include persons operating coal handling plants and/ or 

~ngaged in the sale and/ or physical handling of solid fuel from 

'essels in all Atlantic tidewater ports. 

The term "employees", as used herein, shall include all per ons 

E>mployed in the conduct of the coal business in this branch of the 

coal industry. 

The term "persons" shall include natural persons, partnership,, 

ussociations, trusts, and corporations. 

The term "effective date", as used herein, is defined to be September 1, 1933, or if this Code shall not have been approved by 

the President fourteen days prior thereto, then fourteen days after 

such approval. 

The term "solid fuel", as used herein, includes Anthracite, Bituminous or Semi-Bituminous Coal, Gas Coal, Coke, Ovoids, Briquette , P etroleum Coke, and any mixture or combination of the foregoing. 

III-LABOR 

A. On and after the effective date, the n1inimum wage that shall 

b paid by the signatories hereto to any of their Dock employees hall 

be at the rate of 40 cents per hour except for tran ient employee engaged in trimming coal from and in 'e els ~n the process of unloading teamer or baro-e and these employee shall be paid not le ~ 

9154--33 (1) 
2 

than 50 cents per hour. Office employees shall be paid not less than 

a minimum rate of 35 cents per hour. 

B. On and after the effective date, employers in this branch of 

the coal industry shall not operate on a schedule of hours for their 

employees in excess of an average of 40 hours per week in each calendar year, except as for exemptions allowed as follows: watchmen, 

firemen, weighmasters, engineers, stevedores, and repair crews, also 

executives and supervisory employees or skilled office employees, 

d~awing $35.00 or more per week, and except as required to comply 

With bona fide agreements already made with a labor organization. 

Provided, however, that hourly rates of pay shall not be less than the 

minimum hourly rates herein provided. 

C. On and after the effective date, employers in this branch of the 

coal industry shall not employ any minor under the age of 16 years. 

D. For the purpose of keeping the President informed as to the 

observance or nonobservance of this Code of Fair Competition, and 

as to whether this branch of the coal industry is proceeding to effectuate the declared policy of the National Industrial Recovery Act, 

each person engaged in this branch of the coal industry will furnish 

duly certified reports in such form as may be provided, giving returns 

every four weeks showing actual hours worked by the various occupa- tional groups of employees and minimum rates of pay. The Atlantic 

Coast Coal Dock Operators Association, 31 Weybosset Street, P rovidence, R.I., is constituted the agency to collect and receive such 

reports. 

IV-PLANNING 

To :further effectuate the policies of this Act, the Atlantic Coast 

Coal Dock Operators Association, the applicant, herein, or such 

successor committee or committees as may hereafter be constituted 

by the adherents of the industry, is set up to cooperate with the Administrator as a. planning and fair practice Agency for this branch 

of the coal industry. Such agency may from time to time present to 

the Administrator recommendations based on conditions in the industry as may develop from time to time which will tend to effectuate the 

operation of the provisions of the code and the policy of the National 

Industrial Recovery Act, and in particular along the following lines: 

1. Recommendations as to the requirements of the Administrator 

of such further reports from persons engaged in the coal industry 

of this district of statistical information and keeping of uniform 

or such detailed accounts as may be required to secure the proper 

observance of the code and promote the proper application of division of costs to the respective types of services performed. 

2. Recommendations for the requirement of registration by persons engaged in this branch of the coal industry. 

3. Recommendations for changes in, or exemptions from, the provisions of this code as to the working hours of labor in cases of 

seasonal or other emergency conditions to preserve a balance of 

distributive activity with consumption requirements, so that the 

interests of the public and productive enterprises may be properly 

served. 

4. Recommendations for the making of requirements by the Administrator as to practices by persons engaged in this branch of 
the oal indu try a to the m thod and conditions of tra ing, th 

naming an r I ortino· of price which may b appropriate to avoi 

di riminati n, to pr vent and eliminate unfair and destructive comp titiv price and practices. 

5. R c mm ndation for dealing with any inequalites that may 

otherw ari e to endano- r the tability of this part of the coal 

indu try and of di tribution and employment. 

Su h r mm ndations, when approved by the Admini trator, 

shall hav th ame force and effect as any other provisions of this 

Code. 

Such Agency i also et up to cooperate with the Admini trat r 

in making inve tio-ations as to the functioning and observance of 

any of the provi ions of this Code, at its own instance, or on complaint by any per on effected, and to report the same to the Administrator. 

V-CONTRACTS 

Where the costs of executing contracts entered into by the signatories hereunder prior to the presentation to Congre s of the N ational Indu trial Recovery Act are increased by the application of 

the provisions of that Act to the industry, it is equitable and promo-· tive of the purpo es of the Act that appropriate adjustment of 

such contracts to reflect such increased costs to be arrived at by 

arbitral proceedings or otherwise, and the Atlantic Coa t Coal Dock 

Operators' Association, the applicant for this Code, is constituted 

an Agency to assist in effecting such adjustments. 

VI-CoNDITIONS OF EMPLOYMENT 

Employers in the Atlantic Coast Coal Dock Operators Association shall comply with the requirements of the National Industrial 

Recovery Act as follows: " ( 1) That employees shall have the right 

to organize and bargain collectively through representatives of their 

own choosing, and hall be free from the interference, restraint, or 

coercion of employers of labor, or their agents, in the designation 

of such representatives or in self-organization or in other concerted 

activities for the purpose of collective bargaining or other mutual 

aid or protection; (2) that no employee and no one seeking employment shall be required as a condition of employment to join anj 

company union or to refrain from joining, organizing, or assisting 

a labor organization of his own choosing; and (3) that employer 

shall comply with the maximum hours of labor, minimum rates of 

pay, and other conditions of employment, approved or prescribed 

by the President." 

VII-CANCELLATION OR MoDIFICATION 

This code and all the provisions thereof are expressly made subject to the right of the President, in accordance with the provi ion 

of Clause 10 (b) of the National Industrial Recovery Act, from time 

to time to cancel or modify any order, approval licen. c. rule or 

regulation, issued under Title 1 of said Act, and specifically to the 

right of the President to cancel or modify his approval of thi Cod 

or any conditions imposed by him upon his approval thereof. 
4 

VIII-AMENDMENTS 

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

included therein by the National Industrial Recovery Act may, with 

-the approval of the President, be modified or eliminated as changes 

in circumstances or experience may indicate. It is contemplated that 

from time to time supplementary provisions to this Code or additional codes will be submitted for the approval of the President to 

prevent unfair competition in price and other unfair and destructive 

competitive practices and to effecuate the other purposes and policies ·of Title 1 of the National Industrial Recovery Act consistent with the 

prov]sions hereof. 

IX-GENERAL 

Nothing in this Code is designed to promote a monopoly, or to 

eliminate or oppress small operators. 

X-TERMINATION 

This Code shall continue jn effect as to this association for SIX 

months, and thereafter unless terminated at the end of said six 

months, or at some later date, by thirty days' notice in writing to the 

Administrator of the Act by this Association, of its intention so to do, 

the date of termination to be set forth in such notice; and it shall 

-terminate in any event upon the expiration of two years from June16, 1933, or sooner if the President shall, by proclamation, or the 

Congress shall, by joint resolution, declare that the emergency recognized by Section 1 of Title 1 of the National Industrial Recovery Act 

has ended. 

Respectfully submitted. 

ATLANTIC CoAST CoAL DocK OPERATORS AssociATION, 

By FLETCHER P. BURTON, 

Chairman of the Code Committee. 

0 

UNIVERSITY OF FLORIDA 

1111111111111111111111111111111111111111111111111111111111111111 

3 1262 08855 5858