Regi try No. 1411-2 

NATIO AL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE' 

CARRIAGE OF PROPERTY FOR HIRE 

BY MEANS OF MOTOR VEHICLES 

DRAYS, AND TEAMS INDUSTRY 

AS SUBMITTED ON AUGUST 31, 1933 

WE DO OUR PARr 

The Code for the Carriage of Property for Hire 

by Means of Motor Vehicles, Drays, and Teams 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 

U ITED STATES 

OVER ' MENT PRINTING OFFICE 

W SHINGTO : 1933 

1. 

I ~ 

- - - - - - - - Price 5 c n t 

v 
• 

SUBMITTED BY 

AMERICAN HIGHWAY FREIGHT ASSOCIATION 

(II) 
TE TATIVE ODE OF FAIR COMPETITION FOR THE 

INDU TRY ENGAGED IN THE CARRIAGE OF PROPERTY 

FOR HIRE BY MEANS OF MOTOR VEHICLES, DRAYS, 

AND TEAMS 

PRE mLE A~ n Pcnro E 

To ff ctuate th policy f Titl I ti n 1, of th .... Tational 

Indn trial R Yer} c luring the period of the merg n . >, by 

r lu ing and r lievinrr un mpl yment impro inO' the tandarct f 

labor eff tinrr reduction in unnece arily long hour of lab r, 

liminatin unfair trade practi e and e tabli hing fair pri i r 

en·i ~ o tha the indu try rna. b change l from a condition f 

impairino· it apital to the ondition of tabilize l earning \Yith 

ju t and rea ~ nable profit nabling it to e tabli h more re ·ular 

m1loyment f labor, and for he on rvation and protecti n of 

1 ubli · hi ·lnray ontributing to the safety and order of traffic 

th r on ancl therwi e rehabilitating the in 1u try ngage l in the 

arria ·e of pr 1 rt} by mean f motor vehicle , team an l lra 

th f llowinO' I rovi ion are e tabli he l as a Cole of Fair ompeti in for u h inlu try. 

I - DEFINED INn TRY 

on-
2 

trued as a1 plying to any farmer who transports his own farm 

products or supplie in vehicles of his own ownership and who occasionally may accommodate a neighbor by the haulage of imilar 

gcod for uch neighbor; nor shall anything in this entence apply 

to such transportation of property by a member of any other industry than that to which this Code otherwise applie , when such transportation by any such member for another is from one company to 

another under common control and management for which transportation there is made a charge by a ubsidiary to a parent company or vice ver a; nor is anytl1ing in this entence intended to 

apply, nor should it be construed a applying to a member of those 

industries engaged in the production, processing, or selling of goods, 

wares, or merchandise engaging in the practice of 1naking two prices, 

one based upon origin and the other upon destination and who may 

perform the transportation in his own vehicle for that purpo e. 

II-ADDITIONAL 0PTIO AL CoVERAGE 

In addition to the industry hereinabove described to which this 

Code applies, the provisions in respect to labor shall apply to an 

employer of labor engaged in another industry but who in connection with such indu try operates motor vehicles, team , or lrays 

for the carriage of his own goods, at hi option, provide l that he so 

elects by declaration to the National Recovery Admini tration. 

III-REGISTRATION 

All of those engaged in the defined industry shall register themelves and their operations with one or more local admini trative 

agencies of the American Highway Freight Association in each State 

in or through which they operate as may be determined by it, and 

such registration shall be in the form and manner provided by the 

said Am rican Highway Freight As ociation with the approval oi 

the National Recovery Administration. 

IV-RATE AGREEMENTS 

It shall be the privilege of any natural clivi ion of the defined 

in lu try whether by territory or class of operations to engage in 

voluntary agreements upon rates, and rules and regulations affecting 

rate the machinery and method to be emplo eel in such activity to 

be letermined by uch natural division of the defined indu try with 

the approval of the Central Committee of the Indu try an l of the 

National Recovery Administration. Such agreement when a pproved, shall be and become fair trade practices for uch natural 

clivi ion of the industry and shall constitute parts of this Code; 

provided that any such agreements be not desio·ned to (1) promote 

monopolie , (2) to eliminate or o"ppr small enterprises, and (3) 

that uch agreements tend to effectuate the policy of the National 

Industrial Recovery Act. 
YI-.... -\nDITI N AL UBJE T T BE PR YIDED FOR 

The Central Committ of the Indu try, ubject to the limitation 

UI on the po\\ r of uch ntral ommittee in negotiation with the 

Pre ident of the Unit d tates through the National R covery 

Adroini tration or uch other agent or ag ncie a the Pr ident 

may de io·nate i authorized to letermine and make proper proviion covering additional ubject . If and when rules and reo·ulation concerning any or all uch 

a lditional ubject shall be agreed upon between the Central Committ e of the Indu tr and the Pre ident of the nited Stat in 

the manner hereinabo' e et forth uch rule and reo-ulation hall 

ther upon con titute and become a part of this Code. 

VIl-MA.[ DATORY PROVI IONS 

As required b ection 7(a) of Titl I of the National Inlu trial 

Recovery Act the following pro vi ion are condition of this Code: 

(1) that employee hall have the right to organize and baro-ain colI tiv l through repre entative · of their own choo ing and shall be 

free frmn the interference re traint or coercion of employer of 

labor, or their agent in the desio·nation of such representative or 

in elf-organization or in other concerte l activitie. for the purpo e 

of ll ctiv bargaining or other m.utual ai l or protection · (2) that 

n mpl ~ e an l n one eeking emplo ment hall be requir d a a 

ondition of mployment to join any ompany unjon or to refrain 

fr m joinino-, rganizino-, or a i. ting a labor oro-anization of his 

own choo ing · and (3) that employer hall comr I with th maximum hour.· of labor, minimnm rate f pay, ancl ther con lition 

of en plo:m nt, a ppr Y l r pr : rib d by th Pr i l nt. 

X othing in thi. o l ·hall prev nt th lecti n r tention, or adYanc m nt of mploye on the ba i of th ir in livi lual m rit ithut r gard to th ir affiliation or nonaffiliation with an. organiza ion. 

The Pr sicl nt ma y, fr m tim t tim ancel or m 1ify any order, 

aJ 1 roval. li ·en rul e, or r gulation ~ u l un l r Title I of the 

XHtional Incln: trial R ·overv \.. t. 

u ·h f th ll' vi:ion: of'thj. o l a. ar not require l to b incln 1 <1 th r in l . t h r c ti nal Ind u ·trial R cover r ct ma. , with 

th ar I roval f th Pr : ident lJ modified or liminat cl if it ap1 ar 

tha th rnl lie n d: ar n t being ,· rY _ 1 thereby an 1 a. chano·e 

jn ·ircnm: tan · . or exp ri n · ma r lict, t . Th v ·hall r main in eff ~ 't nnl ". : an 1 nnbl . mo 1ifi 1 · r liminat d 01: until th xr iration f th A . It is ·ont mplat 1 that fr m tim t tim upplem ntary pr ,-]. ion.- to thi: d will b : nb11iittecl for th a11 roval 

f th r : i 1 nt to rr v n unfair ·om1 iti n in 1 ri an l her 
4 

unfair and destructive competitive practices and to effectuate the 

other purposes and policies of Title I of the National Industrial 

Recovery Act, and which shall not conflict with the provisions 

thereof. 

VIII-AGENCY FOR INDUSTRY 

By authority ve ted in the Board of Directors of the American 

Highway Freight Association by its Constitution and By-laws: a 

Central Committee of the industry has been constituted. This 

Association in its relations with the President of the United States 

or hi designated agent or agents shall act through such Central 

Committee. 

IX-ADMINISTRATION 

The American Highway Freight Association through its Board 

uf Directors shall in general administer the provisions of this Code 

and as an aid to such administration shall appoint in each state 

or region one or more official agencies consisting of committees, 

organizations, or a~ sociation in said state or region which shall act 

as the agencie of said American Highway Freight Association in 

the enforcement and administration of the provisions of this Code, 

and such agencies shall each have the powers delegated to it by the 

Board of Directors. 

Upon registration as provided in Article III of this Code those 

engaged in the industry shall be subject to such assl3ssments as shall 

be r equired by the American Highway Freight Association with the 

approval of the President of the United States or his duly authorized 

representative or representatives, which said assessment shall be 

sufficient to cover the expenses incident to the institution, filing, 

securing the approval of, and administering this code, provided that 

no such assessment shall be levied upon those who at their option 

come under the terms hereof as to labor provisions only as designated 

in Section II hereof. 

The records of the American Highway Freight As ociation as to 

information obtained from registration or otherwise and in respect 

to any of it other affairs shall be open to inspection by the President of the United States or his duly authorized representatives. 

X-EFFECTIVE DATE 

This Code hall be and become effective on the fifteenth day next 

following the day on which it shall be approved by the President 

of the United States. 

XI-AMENDMENTS AND SUBSTITUTIONS 

Thi Code may be amended at any time by the Central Committee of the industry on approval of the administration, either by the 

addition of new matter with respect to matters not covered or by 

sub titution of provisions in lieu of provisions respecting matters 

already covered. Such amendments or substitutions may be either 

}n the provisions of the basic or shell code or by way of appendice . 
APPENDIX NO. I 

n an 1 aft r the ffe tive dat of thi code the follo' ino- pro•i ion a to 

hour of l, bor, rate of pay, and fair-trade practice ball apply a herein 

!Jr Yided c pt a moclifie l by ub quently numbered app odic . 1. Tb ul>diYi iou f th indu try. natural and territori:•l, haYe fil l r are 

in proce of filin throuo-h the entral Committee of th indu try, appendice 

r pectino- hour of 1abor, rates f pay, and fair-trade pra tice which appenclice up r de the matter contained in thi appendix number I o far as 

th r g-ion r natural diV"i ion · •er d b. u h sulJ quent app nclic · ar 

nc rned and the proYi ion of thi appendix hall not apply to su h divLion 

of the indu try, natural or territorial, but ball apply to all cti n or divii n of th indu try for which ubs quent appendices are not filed. 

2. The maximum hours of labor for clriv r and operator of motor Yehicles, 

and helper , mechanic , repair men, billing and rate clerk , terminal and tation 

labor hall be forty-eiaht hours in any one week but in con ideration of the 

pecial c nditions connected "·ith thi indu try the maximum hour of labor 

may exceed the maximum et forth herein for any one week provided however, 

that in uch case the average number of hours per week for any three m nth 

period hall not exceed the maximum of forty-eight hour per week-208 hour 

per month, and. provided, that when any employee working on th ba i of 

f rty-ei 17bt hour in any one week-208 hours in any one month, ball have 

worked con ecutively including meal periods for sixteen hour , he ball not 

aaain re ume work until a rest period of a minimum of eight hour ha been 

tak<'n and provid c1 further that an employe riding on truck or drays will be 

deemed in the cour e of employment and the time ther of i to be ounted a 

time of employment whether he i engao-ed in driving or other labor or not and 

whether the truck or dray is m Yina or not exc pt that an employe in a 

prop rly de ignated leepino- compartment shall be deem d a not on duty in 

th op ration of the vehicle. 

3. Except employee primarily or wholly in manao-erial, supervisory or 

-x cutiv capacitie who now receive $35.00 per week or m re, out ide al men 

or olicit r , tation manag rs or employee on very special ca e where re- . triction of h urs would unavoidably reduce ervice and except those covered 

in paragraph 2 hereof, no employ ball be au ed or permitted to work for 

more than forty hour in an on week-174 hour per month, averaged over a 

period of thr e month . 4. Tbe provi ions of this appendix r garding maximum hour may be adju ted 

onform with maximum hour of diiT rent mp titive forms of tran portation 

a n ·i . wbi b are under th up r i ion of the Int rstate Commerce ommi - . i n, Public tilitie. ommL ion and/or uch goveroin rerulatory bodi as 

may on the ff ctive date f this c de exist. 

5. N p r on coming uncl r tb provi ion of thi appendix hall pay t any 

of th cia. e of empl y ubj t to the provi ion f thi app nclix le than 

.·ixt n d llar p r w k unl . th w ekly rat for uch am cla of work on 

July 1:-. 1 29. wa 1 than $1G.OO p r we k in wbi h latt r ·a he ball not 

pay le than th w kly rat on July J 5. 1929 and in n Y n t l . · than . 12. 0 

er w k in tb uth and $14.00 p r w k in th orth. Tbi para <rra h 

tahli h . a ""uarant d minimum rat of pay r gardl . . of wh tb r tb 

mpl y i ompen ated on th I a i f a tim rate or on pi c w rk p rformnn · . Wh r mploy . ar mploy c1 by th b ur (t mporary mpl ) the 

minimum rat of pay of the cla e. of mpl yee covered by tbi. app ndix shall 

lJ not 1 tb, n tllirty nt p r ll nr in th orth and tw nty-fiv nt p r 

h ur in th utb . . The provi ions of tbi appendix . to bour and wag may b v luutarily 

a .. umed by p rator of mol r v hi l . r t am c Y r d uncl r tb r d for 

ap lication to th op ration of uch m tor v bicle or t am . 

( ;") ) 
APPENDIX NO. 2 TO THE CODE OF FAIR COMPETITION 

SUBMITT·ED BY THE AMERICAN HIGHWAY FREIGHT ASSOCIATION 

I-TE!RRIT'ORIAL s OPE 

The matters and tbino-s proYided in this appendix ball apply to the defined 

industry in the states of Oregon, Wa.:hington, Idaho, Montann , and Utah. 

II-FAIR TRADE PR . .ACT'ICES Asmm FROM RAT'EI AGR·EIEMEJNTS 

(a) A freight bill, shippin · o1·der, bill of lading, or other written memorandum will be issued at the time of the tran vortation of property for hire 

or within 48 hours thereafter; uch freight bill or written memoranda are 

to be the permanent record of the carrier. (b) The tran. portation obligation in the case of nny carrier shall not extend 

beyond 1 he receiving and delivering of property at the sidewalk or loading level 

of the truck or dray. 

(c) If the truckman or drayman incurs the obligation to perform any oth r 

service than that covered by Paragraph (b) hereof, ucb obligation shnll be 

separately charo-ed for and such charges shall be uniform. Included within 

the provisions of tbi paragraph is the practi e of truckmen in storing I roperty either by putting the property into warebou e or other tructures or 

a llowing it to remain in the truck. or drays beyond the tim required fo·r 

reasonably expeditious transportation. 

(d) Transportation and other charges covered by such agreements as hereinabove described ball either be prepaid or be collected within a period of 72 

hours after delivery, unless regular and formal arrangements for credit shall 

he entered into between the truckman or drayman and his regular customers 

for settlements, in a monthly or borter basis, on or before the lOth of the 

followino- month, uch credit arrangements to be ba d either upon ecurity or 

upon an established credit rating; pJ·ovided that thi provision shall not ext~ncl 

to the transportation of property for the United Stat s or for the StRte, County, 

MunicipRlity, or other governmental bodies or agencies for whom the transportation ·hall be done. Intercarrier ettlements as betwe n connecting truckmen 

or dra:vmen are not within the scope of this provision. 

(e) No per on shall give, receive, or be a 1.arty to an~· secret rebate, refund, 

credit, or unearned di count, in the form of money or otherwise; nor hall he 

o-iye or receive premiums or extend to certain shipper any pecial ·ervice or 

privilege not extended to an shippers under lik terms [lncl conditions. 

(f) Secret contracts or agreements with any himwrs shall not be entered 

into by any per.·on ., nor shall any contract he en'erecl into with nny ship]1e rs 

which would in any way def<:> at the purpose of any part of this Cocle. 

(g) No 11erson shall knowingly permit or ::1llow any shipper to bill his frei,..;ht 

nt le"s than its actual weight or falsely de. ribe the shi11ment and E'hall use 

diligence to see that this method of evasion is not permitted or enjoyed. 

III-AD~II ISTR, TION 

The Ameri nn Highwa~' Freio·ht A. sociation as the Agency of the Inclu. try 

fnr the purpose of carrying out tb provision. of the National Inrlu, trial Recovel'Y Act shall act in its prepRration and admini. tration of rule and regulation governing the defined indu.try in thi territory through th Northw t 

Regional Committee compo ed of one repre ntatiYe fr m each state compri - ing the region, uch re] resentative to be chos~n by the member of the defin d 

industry in ea ·h such state. The rorthwest Regional Committee may in turn 

delegate local administration to any or all of the several affiliate A sociations 

in the territory covered hereby. 

(6) 
1\ - .\ TE A REE1£Ei'IT 

v-LABOR PROVISJON s 

in.-·ta 11 

pr 

The following prod ion ball not apply t ~uperint ncl nt or to x cuti\ wb r c iY 35.00 or more per we k, nor to out. ide ale m n, olicitor , 

..:tation manag- r~, or m thank.· ngagetl in emergency r pair.·, n r shall the' 

apply t ofti · hoy . m ss ng rs. or night \Yatchm n. 

JfaJ'imum lwur.r; o( e111plou es s7wfl. IJe: (a) Office ancl ·1 ricnl mrloy . , 

4 hour,.. per w k : b) riv r ancl V hicle p rat r ancl th ir helper , 

4 hours v r \Y ck; c) .\11 th r illl>loyee , -± h ur p r w k. 

Th lH'O\'i ·ion of maximum h urs f r driY L'. and Y •l1i ·l p rater.' ancl th ir 

b lp r .ball b on id r d a . fully· mpli d with if tb av raae numb r of 

hour· per w ek J r any iu<lid lunl ,. r a three month ' periocl ~l1all h within 

the pr ~crihed maximum or if n_ line-haul op rat r .·h,tll not lriv a ,. hi 1 

for a distance in •x ·ess nf tw0l\·e llUIHlr cl mil . in any ne ,,. 

Em rg ncie.' : If th f regoing maximum h ur · and p rio<ls of mplo~ m nt 

. lwulcl he ex ·c de<l in any inRtnnc· hy rea. on of au un for s n iHHl UJHl ,. i<lahl nt t·t: n <·.r. a full r port th rrof :-:hnll h til d with tilP _T rtllw .·t R gion<tl 

('ommHt or it. tl ·i!!'nat '11 r pre· ntntiY lo('al rgnnizntion within t n (10 

la~-. · th reaft r . 

. n Jllj)loye • ri<ling 011 a t ruc·k r dray will h l m cl in mploym nt in 

.·t!C'll <'apadt.\· if liP sh: Jl a<lclitionnll~· p rfc rm any t rminnl lahor ancl th 

a111ount of such tim clp\·o(ptl to tc rmin<ll lahor shnll IH' c·ountccl a . if <1 Y ted 

t riding on tht> trm·ks or clrays. An mploy rid in!! 011 truc·ks or clrny.- \Yill 

h <l ' lll cl in Ill<' c·our.· of employnwnt. ;UHl It tim t h r of is t<i h unt tl 

a · tim • nf f' 111Jll .Ynwnt wh tl1 r h(' is n!:!ag d in clri\'ing r oth r lahor 

not and wlwtl1 •r tlt truc·k or dray i. m ,·ing r not. xc· 11t that an (.>lllplo~

in n. vropNly cl sign('(] '-'l p r C'ah or mr)artmen . hall h d m <1 a . n t on 

dnh· in tlw OJWrnti u of th aiel tru ·k. 

\Yiler tru<'l~ or drays :tn! op rat <1 xdusi,· ly 

whose (' <1 pr drl : for 1 ugN· hours thnn thol': 

or <lra.r · ma~ I op rat<-'cl uncl r tll maximum pr 

th indu~t ry b ing s n · cl. 

ill s 1'\'i<' to nn in<lustr~· 

iu this Cod , th tru ·k~ 

Yicl l for hy th cl f 
8 

VI-MINIMUM wAGES 

The minimum wages o.f employees under this Code shall be as follows: 

(a) Office .and Clerical Employees. 

Not less than I!""' if teen Dollars ( $15·.00) per week in any city over 500,000 

population or in the immediate trade area of such city; nor less than Fourteen Dollars ($14.00) per week in any city of between 2,500 and 250,000 population, or in the immediate trade area of such city; nor less than T'velve 

Dollars ($12.00) per week in other territory. 

(b) Drivers and vehicle operators and their helpers, 45 cents per hour. 

(c) All other employees, 40 cents per hour. 

These provisions do not apply to student drivers, apprentices, learners, night 

watchmen, or janitors. 

NOTE.-Wbere any owner, partner, stockholder, or manager performs any of 

the functions of labor except office or executive work, be shall be bound to 

observe the maximum hours and shall be paid at least the established hourly 

rates of pay for the classification of the labor performed. 

Where any member of this industry competes with other fo·rms of transportation not under a Code or whose Code provides for longer hours or less wages 

than are provided herein, such member may adjust his hours and/ or wages to 

conform thereto without violating this Code. 
APPENDIX NO. 3 TO THE CODE OF FAIR COMPETITION 

UBMITTED BY THE AMERI AN HIGHWAY FREIGHT ASSOCIATION 

I -TERniT RI.\L • OPE 

proYided in thi app nclix hall ar ply to tb lefin d 

ol rado. 

II-FAm TRADE PRACTI E A mE FR 11o1 RATE AoREE:ME T 

a A fr igbt bill hii pino- ord r, bill of lading, r other writt n mem - randum will b L ·ned at tll time of th tran. p rtati n of pr pcrty for hir 

or within 4 hour · th rcaft=>r; . ucb freio-ht bills or writt n m moranda are 

t b tb p rmanent record of the carrier . b) 'l'h tran I ortation bli o-a ti n in th of n uy ~ rrier . hall not xt nd b yond the rec i\in and deliveryin O' of property at the 'dewalk or loading l v l of th truck or dray. 

( ) If the tru<:kman or drayman incur the obligation to perform any other 

tTi ethan that coverel by paracrraph (b) hereof, uch obligation hall be 

parately charged for and u h ·barge hall be uniform. Included within 

th pron ion of thi I aragraph i the practice of tru ·kmen in storino· proprty either by puttino- the prop rty into warehou._e or other tructure.~ or 

allowing it t r main in th tru ·k or dray beyond th tim r quired for 

r a onat le expedition transportation. (d) Tran portation an l other charge .covered by such ngreem nts a hereina! ov de •ribed, hall either be prepaid or be collected within a period of 

m we k after delivery, unle re,.ular and formal arrangement. for credit 

hall be ent r c1 into bet" ·een the truckman or lra;rman and hi regular cu - t m r for . -ttlem nt , on a monthly or hort r ba i , on or b f r the lOth 

f the f llowino- month. uch credit arrangement to be hasecl ith r up n 

. curity or UI on an e tabli bed cr <1 it ratinO', ubject to approval by the Board 

f Dir ct r. of the oloraclo F deration of ommercial arri r pro ·uleil 

that thi.· proYi ion hall not xtencl to the tran portation of I roperty for th 

nit <1 tat . r f r th tate. unty. Municipa lity, or oth r o-oy rnmental 

!Jodi . , or arr nci for whom the tran portation hall be clone. Int r arri r 

s ttl m nt a b tw n conn ctinrr truckmen or clraymen are not within th · •op f thi provi ion. 

( ) N p r on hall give, r ceive, or be a part to any ecret r cbat . refund, 

·redit or unearned eli count. in th form of money or otherwi e; n r . hall he ,.,ive or r · iY pr mium: or xtend to ·ertain hipp r any P<' ·ial n ·ice or 

pri\·il g n t ext m1 d to all ~hiPI1 r~ unc1 r lik t rms and condition~. 

(f r t contract. r agreem nt with any hipp r · . hall n t h 

into hy any p r. on nor , hnll any ·ontra t b nter •cl int with an. 

\\'hif'h w uld in any way 1efec t th purp of an~' part f thi oc1 . ( ~;) .. T p r. on :hall kn \Yingly permit or allow any , hillP r to bill hi. 

fr ight at l -s: than it: actun l " ioht or fal. ely d('s ·rib th hipm •nt and , hall u. clHig n to . c that thi m tbocl f n t p rmitt <.1 or 

njoy cl. 

(h) Wll n any O\vn r, partn r, . t ·khold r, r manng r p rf nn. any f tb 

fun ti n. of lab r xc· nt offie or x utiv work h . hall h bound to ob rv 

th maximum b ur · an i hall b paid at l a nt tb minimum rnt f pay for 

th c·hv. ifi ·ation of lab r p rf mw<l. < nc1 . u ·b , um o paid h · n:--id r 'd a 

an 1 m n of bi . t. 

(i) It hall b a vi lation of thi od f r any n r n r one rn ngag cl 

in tlw cl fin d inc1n:try t trnn. 1J rt nny ommodity for l '· s than a rc'a . nahly 

c•ompen.·ntory rat for th rvi rPnder d. 

III- AOMIXJ ' TR TI X 

Til Am ri ·an Highway Fr igllt A : ·it~ tion a. tb agt>ncy of t h inclustry 

for th" puq1o. of' ·arrying out th prov1s1 n f tb ati nal In 1u ·trial R -

o,· rr A ·t. : hall a ·t in it. pr parati n ancl :tc1mini:--trntion of rule's nncl r gu1< tion · gov rning tb <1 fin 1 industry in thi. t rrHory through th onrd f 

ir ctor f th ('oloraclo F ed ration f 'omnwrc-ial C'nrrier . . 

( ,) ) 
10 

IV-RATE AGREEMENTS 

(a) All persons oper a ting under this Code shall install uch simplified, uniform :ystem of accounting as shall be inaugurated by the proper authority 

as determined by the Board of Directors of the Color ado F eder a tion of Commer cial Carriers. (b) Rate , and practices in connection ther ewith, for member of the defined 

industry, may be determined by trade agreements among the member of any 

gr up of the defin ed industry, such gr oup to be determined by the na tural 

divi on ~ of the indu try, depending upon the character of oper a tions, the 

territory, r both t erritory and charac er. If and when : u ·h a tr ad agr eem nt i drawn by such a trade group, it shall be submitted t o the Board of 

Dire tor of the Colorado F ederation of Commer cia l Carriers who hall then 

give public notice to the member of the industry and :-:hall boh1 a bea ring on the ·ubmitted trade agreement. After said Board shall find the agr eement has 

been consent d to by a sub t< ntial majority of both the persons a nd vehicles 

r er resented, a nd t ha t the proposed trade agreement does not cr eate a monopoly 

or oppress small enterpri s, and i de igned to carry out the purpo e of the 

Na tional I ndustrial Recovery Act, it shall approye such tra de agr eements ; 

pr ovided, that should twenty-five percent of the members of the defined industry in any na tura l division of the industry, either territorial or of cha racter, disagr ee with said r a te agreements, a hea ring sha ll be arranged by the Board 

of Directors of the olor ado F deration of Commer cial Carrier. , a t which the 

pr te ·ts may be 1 r e en ted, provided further, that such protests a r e to the point 

that the rate agr eements o protested tend to create monopoly; oppres small 

en terprises ; or a r e detrimental to the purpose of the National Indu trial Re- coven T a dministration. If the decision of the Board of Director of t11e Colorado F eder a tion of Commercial Carriers is not satisfactory to a majority 

of the o-roup o protesting, an appeal may be taken to the neare t repre entative 

of the Na tional Recovery Administra tion, whose decision in the matter shall 

be fin a l. 

V-LABOR PROVISIONS 

The following provisions shall not apply to superintendents or to executives 

who receive $35.00 or more per week, nor t o out<:: icle salesmen, solicitors, and 

night wa tchmen. 

M a.x imwn hours of employees shall be: (a) Offi ce and clerical employees, 48 

hour per week ; (b) Drivers and Vehicle Operators and their helper , 48 hours 

per we k ; (c) All other employees, 48 hours per week. 

The provision of maximum hours for drivers and vehicle operators and their 

helpers sha ll be consider ed a. fully compli d with if the aver age number of 

hours per week for any individual over a two months' period . hall be within 

the pre cribed maximum. 

An O\\"ner, operator. o1· employee shall not drive a truck or dra y mor than 

ten (10 ) con ecutive hour ; nor shall he drive more than twelve (12) hour in 

any twenty-four-hour (24 hr.) period. 

E nwrgencies.- lf the fo rerroing maximum hours a nd period of employment 

should be exceeded in a ny instance by r ea son of a n unfor eseen and unaYoidable 

emergency, a full report thereof shall be filed with the Colorado F ederation of 

Comm r cial Carriers within ten (10) clays ther after. 

An employee riding on a truck or dray will be deemed in employmPnt in 

such capacity while additionally performing any t rminal labor a nd th amount 

f such time devoted to t rmin al labor sha ll be counted a. if d YOt d to riding• 

on the truck or dray . 

VI- liNIMUM wAGES 

The minimum ""ao·e of employees under this ocl e ball be a s follow. (a) Offi ce and Cleri cal Employees, 35¢ per hour. 

(b) DriYer · a nd V bicle opera tor and their helpers, 35¢ per hour. 

(c) All other employe , 35¢ per hour. 

F or mployees r gula rly employed, comp n ation hall not be le::; than the rn of Fou rteen Dolla rs ( $14.00) ·for a ny one week. This pro vi. ion hall not 

apvly to employees bir d for extra, special, or emergency serYices. The e provi: ion. do not apply t o student driver , apprentices, learners, night 

watchmen. or ja nitors. 
APPENDIX NO.4 TO THE CODE OF FAIR COMPETITION 

SUBMITTED BY THE AMERICA r HIGHWAY FREIGHT ASSOCIATIO 

1-TERRJTORJAL , OPE 

The matt r and thin a r r >ided in thi apvendix hall apply in the d fined 

indu try in the , tate of Maine Vermont. Rhode I land, ~ew Hnmp hir , Connecticut and Ia achu tt . 

II-FAIR 'l'RADE PM TICES ASIDE F ROM RATID AGREE :!:ENT 

(11 

team who perffort con i. t n t 

for all charg 

hall u. e very 
12 

I. It hall be an unfair method or practice of competition for any owner or 

operator and/ or employee to load any motor vehicle in excess ctf the pay-load 

weight granted by the state or tates in which the vehicle is registered, except 

where it shall be impossible in emergencies to break down certain commodities and/ or combinations into smaller unit than that of an original unit 

which may exceed in weight that allowed legally under the registered payload capacity of any vehicle so legally registered, and thi latter condition to 

be allo"·ecl only a fter regu rl~· obtnining a permit f1·om the registrar of motor 

vehicles or such duly authorized officer of the state in which the vehicle is 

owned a nd/ or where the operaticn is to be performed to move the combination weighing in exces of the registered capacity of the truck. 

III-ADMI ISTRATION 

The American Highway Freight Association a the agency of the industry 

for the purpose of C<U'rying out the provi ion s of the Na tional Recovery Act 

shall ac t in its preparation and administration c•f rules and regulations o·overning the defined inclu try in this territory through the Regional ommittee 

compo eel of one representative from each state comprising the region, being 

the states of Maine, Vermont, Rhode Island, New H ampshire, Connecticut, and 

Massachusetts, such regional committee to be chosen one by the members of 

the defined industry in each of uch states. 

IV -CONTRAOTS 

Where the costs of executing contracts entered into prior to the approval 

of this code are increased by the application of this code under the National 

Industrial Recovery Act, it is equitable and promotive c•f the purposes of the 

Act that an increased adjustment of such contracts be made to reflect reasonably compensatory rates. 

V-LABOR PROVISIONS 

The maximum hours of labor shall be: 

Clerical ernployees.-Forty-five ( 45) hours per week (maximum). 

Other eml)loyees whose duties are confined to terminal operations, rate 

clerks, billing clerks, terminals, shops, motor trucks, drays, teams, and stables. 

Fifty-two (52) hours per week (maximum). 

These provisions a s to hours of service of employees shall not apply to 

executives, managers, superintendents, and foremen, except that they will 

apply t , owner-operators of any motor trucks, drays, or teams having a legal 

or beneficiary title thereto. 

Exceptions to maximum of fifty-two (52) hours are contingent upon 

emergencies and acts of God. 

VI-MI HI M WAGES 

The minimum wage shall be as follows: 

Clerical.-In any city or town of between 2,500 and 250,000 population, or 

in the immediate trade area of such city or town, not less than fourt<>fm 

($14.00) per week (minimum). 

In any city of between 250,000 and 500,000 population, or in the immediate 

trade area of such city, not less than fourteen dollar and fifty cents ($14.50) 

per we k (minimum). 

In any city of over 500,000 population, not less than fifteen ($15.00) dollars 

per week (minimum). 

Drivr·rs of motor trucks, d1·ays, o1· teMns.-Forty ( 40) cents per hour 

(minimum). 

Me-·hanics.-Fifty (50) cents per hour (minimum). 

M echanic's helpers.-Forty ( 40) cenis per hour (minimum). 

1lJotor tnwk, d?'ay, or t eam helper.-Thirty-five (35,) cents per hour 

(minimum). 

Trnninal helpers.-Thirty-fiye (35) cents per hour (minimum). 

Stable hcZpers.-Thirty-fiYe (35) cents per l10ur (minimum). 

1l"atc7Jm cn.-Thirty-fiye ( 3.)) ents per hour (minimum). 

Other pll!JSicul ll elp.- N ot le s than thil·ty-fh·e (u:5) cent "· per hour 

t minimum). 
1 

Emerg n ies.-In th e nt of an unfore e n emergency which requires 

employee (except cl rical) to perform rvic · that will exc d th maximum 

of fifty-two (52 hour , u h mployee performinO' uch emerg n ·y ervic 

will be compen a ted at the base rate plus one-third ( lf.3 ) of ba e rate for a lditional time over and above the fifty-two (52) hour . Overtime rate tart 

upon the compl tion of the fifty-two (52) hour , and i not to be computed a 

overtime in any one twenty-four (24) h ur day. 

Where any owner, partner, stockhold r, or manaO'er perform any of the 

functions of labor except office and executiYe work he hall be bound to berve the maximum hour and shall be paid at least the tabli bed hourly 

rates of pay for clas ification of the labor performed. 

VII-FUTURE ACTIVITIE 

It is contemplated that from time to time supplementary or ·ub. titute provi ions to thi appendix will be ul mittecl for the approval of the President 

of the United States to prevent unfair competition in rate or charge and 

other unfair or destructive practices and to effectuate the other purpose and 

policie of Title I of the National Industrial Recovery Act. 

This appendix or any of its proYisions may be canceled or modified and any 

approved rule ball be ineffective to the extent necessary to conform to action 

by the President of the United States, or hls administrator. 

VIII-EFFECTIVE DATE 

This appendix shall become effective on the 15th day next following the day 

on which it is approved by the President of the United States. 

0 
UN IVERSITY OF FLOR ID A 

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