Approved Code No. 347-Supplement No. 45 Registry No. 1414-14

NATIONAL RECOVERY ADMINISTRATION

SUPPLEMENTARY

CODE OF FAIR COMPETITION

FOR THE

COAL MINE LOADING

MACHINE INDUSTRY

(A Division of the Machinery and Allied Products Industry)

AS APPROVED ON JANUARY 4, 1935

DO OUR PART

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1935

For sale by the Superintendent of Documents, Washington, D. C. - - - - - - - - - - Price 5 cents
This publication is for sale by the Superintendent of Documents

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

Foreign and Domestic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERC

Atlanta, Ga.: 504 Post Office Building.

Birmingham, Ala.: 257 Federal Building.

Boston, Mass.: 1801 Customhouse.

Buffalo, N. Y.: Chamber of Commerce Building.

Charleston, S. C.: Chamber of Commerce Building.

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

Cleveland, Ohio: Chamber of Commerce.

Dallas, Tex.: Chamber of Commerce Building.

Detroit, Mich.: 801 First National Bank Building.

Houston, Tex.: Chamber of Commerce Building.

Indianapolis, Ind.: Chamber of Commerce Building.

Jacksonville, Fla.: Chamber of Commerce Building.

Kansas City, Mo.: 102S Baltimore Avenue.

Los Angeles, Calif.: 1163 South Broadway.

Louisville, Ky.: 408 Federal Building.

Memphis, Tenn.: 229 Federal Building.

Minneapolis, Minn.: 213 Federal Building.

New Orleans, La.: Room 25-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.

Portland, Oreg.: 215 Now Post Office Building.

St. Louis, Mo.: 506 Olive Street.

San Francisco, Calif.: 310 Custombouse.

Seattle, Wash.: 809 Federal Office Building.
Approved Code No. 347-Supplement No. 45

SUPPLEMENTARY CODE OF FAIR COMPETIT

FOR THE

COAL MINE LOADING MACHINE INDUST

As Approved on January 4, 1935

ORDER

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE COA

M

LOADING MACHINE INDUSTRY

A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUST

An application having been duly made pursuant to and i

compliance with the provisions of Title I of the National In

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

mental Code of Fair Competition for the Coal Mine Loadi

M

chine Industry, and hearing having been duly held thereon 

t

annexed report on said Supplemental Code, containing findin

respect thereto, having been made and directed to the Presid

NOW, THEREFORE, on behalf of the President of the U

States, the National Industrial Recovery Board, pursuant t

thority vested in it by Executive Orders of the President, in

Executive Order No. 6859, dated September 27, 1934, and oth

does hereby incorporate by reference said annexed repo

does find that said Supplemental Code complies in all respec

the pertinent provisions and will promote the policy and purp

said Title of said Act; and does hereby order that said 

mental Code of Fair Competition be and it is hereby approve

ject to the following conditions:

(1) That the provisions of Section 7 of Article VI be an

t

are hereby stayed.

(2) That within sixty (60) days the Coal Mine Loadin

M

chine Manufacturers' Association amends Section 3, Article 

its By-Laws by deleting the words " and further, assents to th

or Codes of the Industry ".

WASHINGTON, Approval 1064120-1465-15-35 BARTON recommended: January W. Division D. MURRAY, C., By NATIONAL W. 4, Adm 1935. A. inistrator. HARRIMAN, (1)INDUSTRIAL Ad'iinistrative RECOvERY BOAO
REPORT TO THE PRESIDENT

The PRESIDENT,

The 1White House.

Si: This is a report on the Suppleniental Code of Fair 

tion for the Coal Mine Loading Machine Subdivision of the 

ery and Allied Products Industry, Public Hearing having 

ducted thereon in Washington, D. C., September 25, 1934. i

ance with the provisions of Title I of the National I

Recovery Act.

GENERAL STATEMENT

The Coal Mine Loading Machine Subdivision, being tru

sentative of the manufacturers of the products defined in 

II of the Supplemental Code, has elected to formulate and 

Supplemental Code of Fair Competition as provided in th

paragraph of Article I of the Code of Fair Competition 

Machinery and Allied Products Industry, approved by yo

seventeenth day of March, 1934.

The Subdivision includes the manufacturing and/or as

for sale and selling by the manufacturer and/or assembler

in loading coal or other material underground in coal mine

types of loading machines; including spare, repair and rep

parts thereof and supplies and/or equipment incident ther

manufactured and/or sold by a manufacturer of such mobile 

loadingy machines.

Statistical material bearing on this Subdivision was obtai

the code application submitted by the Coal Mine Loading 

Manufacturers' Association. The above-mentioned associati

to represent 90 per cent of the entire Subdivision measured 

volume of business.

Annual sales in 1933, according to the association, de

less than one-third the 1929 level. In 1929 sales were re

$1.811,900 and in 1933 at $573,000.

Estimates showing emiplovment for the entire Subdivis

mitted by the association, indicate that employment decli

160 in 1929 to 101 in 1933, or 36.8 per cent.

RESUME OF SUPPLEMENTAL CODE

time division sions and Article Article Article Alied to of time as thI II III used states Produicts amended. accurately National provides in the this purposes Industry, Industrial Supplemental for defines the of specific adoption as (2)the Recovery approved Supplemental Code. terms of Code the applicable by employmeyou, of Code. the and toM
3

Article IV provides for the adoption of Articles II, VI a

of the National Industrial Recovery Code of the Machin

Allied Products Industry, in accordance with the conditions 

Article governing their adoption.

Article V provides for the establishment of a Code A

and defines its powers and duties.

Article VI sets forth trade practices for the Subdivisio

Article VII states that no provision of this Supplement

relating to pricing and marketing shall apply to export 

defined by the term " Export " in this Article.

Article VIII provides that this Supplemental Code and 

provisions thereof are expressly made subject to the righ

President, in accordance with Subsection (b) of Section 1

Act, from time to time to cancel or modify any order, a

license, rule or regulation issued under said Act. Provisio

made that modifications may be submitted by the Code A

to the National Industrial Recovery Board for approval.

Article IX provides means for withdrawal of this Sub

from the jurisdiction of the Basic Code Authority and 

tinuance under its own Code Authority.

Article X states that no provision of this Supplement

shall be so applied as to permit monopolies, or monopolist

tices, or to eliminate, oppress, or discriminate against sma

prises.

Article XI states the effective date of this Supplemental 

FINDINGS

The Assistant Deputy Administrator in his final repor

National Industrial Recovery Board on said Supplemental C

ing found as herein set forth and on the basis of all the pro

in this matter:

The National Industrial Recovery Board finds that:

(a) Said Supplemental Code is well designed to promote 

cies and purposes of Title I of the National Industrial R

Act, including removal of obstructions to the free flow of i

and foreign commerce which tend to diminish the amount 

and will provide for the general welfare by promoting the o

tion of industry for the purpose of cooperative action am

trade groups, by inducing and maintaining united action 

and management under adequate governmental sanctions an

vision, by eliminating unfair competitive practices, by pr

the fullest possible utilization of the present productive cap

industries, by avoiding undue restriction of production (e

may industrial standards ployees; Board with power, (c)b) be the The Said as by temporarily and a pertinent of and Supplemental major reducing Industry labor, is agricultural not industry. and provisions classified required), and normally by Code relieving otherwise products by of as employs by the said approved increasing through unemployment, rehabilitating National Title not complies of more increasing Industrial the said industrythan consumAct, by in all pu50iminR
4

without limitation Subsection (a) of Section 3, Subsectio

Section 7, and Subsection (b) of Section 10 thereof; and 

applicant association is an industrial association truly repre

of the aforesaid Industry; and that said association im

inequitable restrictions on admission to membership therei

(d) The Supplemental Code is not designed to and will n

monopolies or monopolistic practices.

(e) The Supplemental Code is not designed to and will 

nate or oppress small enterprises and will not operate to 

nate against them.

(f) Those engaged in other steps of the economic process 

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

plemental Code.

For these reasons, therefore, the National Industrial 

Board has approved this Supplemental Code.

For the National Industrial Recovery Board:

W. A. HARRIMA

Administrative 

JANUARY 4, 1935.
SUPPLEMENTARY CODE OF FAIR COMPETITIO

THE COAL MINE LOADING MACHINE INDUST

A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS IND

ARTICLE I-PURPOSES

To effectuate the policy of Title I of the National Indus

covery Act, the following provisions are established as a 

mental Code for the Coal Mine Loading Machine Subdivisio

Machinery and Allied Products Industry, and together 

Code of Fair Competition for the Machinery and Allied 

Industry, shall be the standard of fair competition for t

division, and shall be binding on every employer therein.

ARTICLE II-DEFINITIONS

"Applicant" means the Coal Mine Loading Machine M

turers' Association, a trade organization, all members of w

engaged in the manufacture for sale of the products of 

Mine Loading Machine Subdivision of the Machinery an

Products Industry.

" Industry " means the Machinery and Allied Products I

as defined in its Code of Fair Competition as approved 

President, and as such definition may from time to time be a

" Subdivision " means this Coal Mine Loading Machi

division of the Machinery and Allied Products Industry a

and set forth in Definition No. 48, Article II of the Code 

Competition for the Machinery and Allied Products Ind

follows:

Coal Mine Loa.ding Machine Subdivision ieans the man

ing and/or assembling for sale and selling by the manu

and/or assembler for use in loading coal or other materia

ground in coal mines, mobile types of loading machines; i

spare, repair and replacement parts thereof and supplies 

equipment incident thereto when manufactured and/or s

manufacturer of such mobile types of loading machines."

" Code " means the Code of Fair Competition for the.M

and Allied Products Industry as approved by the Presiden

Act. an or17, " other his association, 1934, Employer Person The or Act entity. and its " own " means as " a means means from tust, behalf a Title natural time any a or trustee, as person to I an of time person, (5) employer a the engaged trustee amended. National a partnership, in of inbankruptcy, labor. this Industrial Subdivisioa cora R
6

" The President " means the President of the United St

" Board " means the National Industrial Recovery Boar

successor in office.

" Basic Code Authority " means the Code Authority for 

chinery and Allied Products Industry as constituted by th

" Code Authority " means the Code Authority constituted 

Subdivision as provided by the Code and by this Supplement

ARTICLE III-EMPLOYMENT PROvISIONs

The following Articles of the Code, viz: Article III, " W

Hours "; Article IV, " Wages "; and Article V, " Genera

Provisions ", are hereby made a part of this Supplemental Co

the same effect as if they were written into this Supplement

ARTICLE I -AoPTION OF OTHER PROVISIONS OF COD

The following Articles of the Code, viz: Article II, " Defin

Article VI, "Administration ", to the extent that they shall b

cable to this Supplemental Code as such or as it may here

administered as an autonomous Code; Article VIII, " Modi

and Termination ", are hereby made a part of this Supp

Code, with the same effect as if they were written into this 

mental Code.

ARTICLE V-ADMINISTATIoN 1

(a) A Code Authority for this Subdivision is hereby co

to administer, supervise, and facilitate the enforcement of t

and of this Stipplemental Code in the manner and to the ext

vided in the Code and in this Supplemental Code.

(b) During a. period not to exceed sixty (60) days follow

effective date and pending the election of the permanent C

thority, the executive committee of the Applicant shall con

temporary Code Authority.

(c) The temporary Code Authority shall, by written no

by registered mail to all employers whose names have been 

after reasonably diligent search, call a meeting of employe

held within sixty (60) days after the effective date for the 

of adopting procedural rules and regulations for the elec

ganization, and operation of the permanent Code Author

electing a permanent Code Authority which shall consist of 

meml bers, who shall be representative of employers, provid

ever, that no one employer shall be represented by more t

member. member The Board may. in its discretion, appoint one ad

The mediately pernmanent share participate 1 See (d) permanent paragraph in Any (without the supersede Code in employer benefits 2 any (2) Code Athority vote endeavors of the orderfshall Authority and temporary the approving be and activities without of entitled at Code so this other elected Code Code. expense Authority to of meetings vote Authority. Code andat to Authority appointed the in the of the electioemploySubdpresa
7

of any amendments or revisions of, or additions or supplem

this Supplemental Code by paying or agreeing to pay, as a

assessed, his proper pro rata share of the reasonable cost o

istering this Supplemental Code as determined by Code A

(e) Action by employers in any Subdivision meeting for 

tion of Code Authority shall be by vote of the employers en

vote as provided in Section (d) of this Article V, each such e

to have one vote only. Action by employers in any Sub

meeting for the adoption of procedural rules, or the transa

other business of the Subdivision under this Supplement

except revisions or additions to the Supplemental Code, sh

vote of the employers in the Subdivision who are entitled 

thereat as provided in Section (d), Article V, of this Supp

Code and are present in person or by proxy duly executed 

with Code Authority; cast and computed in the manner 

in Section (d), Article VI, of the Code. All questions a

number of votes which each employer shall be entitled to ca

meeting of eniployers other than the meeting held to vote 

election of the permanent Code Authority shall be determ

Code Authority, in accordance with Section (d) Article V

Code.

(f) In order that the Code Authority shall at all times 

representative of the Subdivision, and in other respects com

the provisions of the Act, the Board may prescribe such 

as it may deem proper; and thereafter if it shall find that 

Authority is not truly representative, or does not in other 

comply with the provisions of the Act, may require an app

modification of the Code Authority.

(g) If formal complaint is made to Code Authority th

sions of this Supplemental Code have been violated by any e

Code Authority shall proceed in accordance with the r 

Section (h) of Article VI of the Code.

(h) The Code Authority imny appoint a Trade Practi

mittee which shall meet with the T rade Practice Comini

pointed under such other Codes a may be related to the Su

for the purpose of formulating fair trade practices to go

relationships between production and distribition employe

this Supplemental Code and under suich others to the ex

such fair trade practices may be proposed to the Board a

nients to this Supplemental Code and such other codes.

(i) Each trade or industrial association directly or indire

ticipating in the selection or activities of the Code Author

submit to the National Industrial Recovery Board true cop

articles of association, by-laws and regulations.

make credit, of tocustomers (1) money any any No unearned customer or of employer payment otherwise, the any same discount, ArzTICLE or shall special class nor allowance or secretly, shall VI-TRADE for service excessthe anof employer purpose allowance, or directly a PRACTICES privilege rebate, of or secretly influencing whether refund, indirectly, not extendoffer comin 
8

(2) No employer shall publish advertising (whethe

radio, display, or of any other nature), which is mislead

accurate in any material particular, nor shall any emplo

way misrepresent any goods (including, but without lim

use, trade mark, arade, quality, quantity, origin, size, 

character, nature, finish, material, content, or preparation

terms, values, policies, services, or the nature or form of t

conducted.

(3) No employer shall publish or circulate unjustified 

ranted threats of legal proceedings which tend to have th

harassing competitors or intimidating their customers.

(4) So long as the maker of any product of this Subdiv

ing the maker's name or trade mark, which has requir

designing, research or development expense (or his su

business) continues to make and supply such spare, repa

placement parts therefor, no employer shall supply repai

such product of this Subdivision unless (a) the name of 

of such copied nongenuine repair parts shall be plainly 

each part (or if this is impracticable on the package or ta

the ultimate user is clearly informed by marking on such p

ages, tags and in catalogues, price lists, quoted prices, adve

or advertising literature of the manufacturer of such c

genuine parts that said parts were not made by the origina

the products of the employer of this Subdivision.

(5) No employer shall furnish to any purchaser, and/or 

directly or indirectly, detailed shop drawings of the prodiu

Subdivision without filing a statement of such proposed t

with the Code Authority which may approve or, with the 

of the Board, disapprove the transaction within ten (10

written notice to the employer.

(6) No employer shall induce or attempt to induce a 

abandonment of contract covering the purchase or sale of 

ucts of this Subdivision; provided, however, that nothi

Section shall be construed to prohibit the attempt on the p

owner of or licensee under any patent to induce a pu

future purchaser of any product which shall infringe said 

avoid such purchase. (7) It shall be an unfair trade practice for any em

engage in wilfully destructive price cutting for the purp

juring a competitor and where the effect may be subst

lessen competition.2

ARTICLE VII-SALEs FOR EXPORT

marketing shall thet similar of 2 The Stayed-See any United no include provisions product exempion shipment shall States pragraph all destined not shipments of toand mayny this apply 2 the(1) be ultimately territory Supplemental of granted District to to orderiect all approving places or by of for export possession the Columbia; export. Code without this Code sales Code. cncerning Authority of the The of providedthe any severaterm Uniprp
9

shall be considered an export when any employer is engaged 

Subdivision in such territory or possession.

ARTICLE VIII--MODIFICATIONS AND TERMINATION(

(a) As provided by Section 10 (b) of the Act, the Preside

from time to time cancel or modify any order, approval, 

rule or regulation issued under Title I of the Act.

(b) Any amendments, additions, revisions, or supplements 

Supplemental Code, proposed by Code Authority, and adop

the concurring affirmative vote of employers entitled to ca

thirds or more of all the votes that might be cast by all em

entitled to vote thereon, shall be in full force and effect up

proval by the President. The eligibility requirements, meth

effect of such voting shall be as provided by Article V hereof

(c) This Supplemental Code shall terminate June 16, 1

on such date prior thereto when the Act shall be repealed 

President shall, by proclamation, or the Congress shall, bj

resolution, direct that the enmerrency recog-nIizedI by Section 1 

Act has ended.

ARTICLE IX-WITII RAWAL

Upon thirty days' notice to the Basic Code Authority and 

Board, this Subdivision may, upon the concurring affirmative 

employers within the said SFubdivision entitled to cast two-th

more of all the votes that might be cast by all employers with

Subdivision entitled to vote thereon, withdraw from the juris

of the Basic Code Authority. The eligibility of v( terms a

method an(i effect of such votinijr shall be in accordance w

provisions of Article V hereof. After and in the event such 

drawal is accomplished this Supplemental Code, together w

provisions of the Code shall beco me and be the sole code gov

this Subdivision, and the Code Authority shall, for this Subd

become and be the sole C ,de Authority and shall perform 

functions with respect thereto.

ARTICLE X-MON-OoLILS

Applicant imposes and shall impose no inequitable restricti

membership therein. The Supplelentlal Code presented b

not designed to pronmte monopoly. amnd shall not be so con

or applied as to oppress or eliminate small enterprises or discrim

against them, and is designed to effectuate the policy of the Ac

persons approval. Registry Approved Tbis Supplemental engaged No. Code 1414-14. No. in 347-Supplement ARTICLE the Code Subdivision shall XI-EFFECIiVE 0become No. on 45. effective the DATE eleventh and binding' day af




UNIVERSITY OF FLORIDA

3 1262 08584 2101