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3 1262 08482 9224 

_ _ _ ·-- ~~ amendment No. I Registry No. 1003-1-01 

NATIONAL RECOVERY ADMINISTHATION 

AMENDMENT TO 

CODE OF FAiR COMPETITION 

FOR THE 

ASPHALT SHINGLE AND ROOFING 

MANUFACTURING INDUSTRY 

AS APPROVED ON MARCH 21, 1935 

WE DO OUR PART 

UNITED STATES 

GOVERNMEN f PRINTING OFFICE 

WASHINGTON: 1935 

Filr sale by the Superintendent of Documents, Washington, D. C. - - - - - - - - - Price 5 cents 
Tllis publi ·ation is for ale by the Superintendent of Document::.:, Government 

Printing Office, \Va shington, D. C., and by the follov\ing N. R. .. offi r·e.· : 

Atlanta, Ga.: 6:!5 Citizens & Southern Kational Rwk Building. 

Baltimore, Md.: 130 Cu tomh ou;O;e. 

Birmingham, Ala.: 201 Liberty National Life Building. 

Bo ton, l\Iass.: R oom 1200, 0 F eclern l Street. 

Buffalo, N. Y.: 219 White Building. 

Chicago, Ill.: Room 204, 400 Korth Michigan nue. 

Cleveland, Ohio: -20 Bulkley Building. 

Dallas, Tex. : 1212 Republic Bank Building. 

Detroit, Mich.: 415 New Federal Building. 

Houston, Tex. : 403 l\Iilam Building. 

Jacksonville, Fla.: 425 United State Comth use and P ·t Office 

Builc.lin o·. 

Lo. Angeles, Calif.: 751 Figueroa Str et, South. 

Loui >ille, Ky.: 40 Federal Building. 

l\Iinneapoli . l\linn. : 900 Roanoke Building. 

Na hville, Tenn.: 415 Cotton States Building. 

Newark, N. J.: 434 Indu. trial Office Building, lOGO Broad Street. 

New Orleans. La. : 214 Customhouse. 

New York, N. Y.: 45 Broadway. 

Oklahoma City, Ok la.: 427 Commerce Exchange Buillling. 

Philadelphia, Pa. : 933 Commercial Trust Building. 

Pittsburgh, Pa.: 401 Law and Finance Building. 

Portland, Oreg. : 407 Park Building. 

Providence, R. I.: Kational Exchange Bank Building, 17 Exchange 

Street. 

St. Louis, Mo.: Suite 1220, 506 Olive Street. 

San Franci co, Calif.: Humbolt Bank Building, 785 l\Iarket Street. 

Seattle, Wash.: 1730 Ex hanp:e Building. 

(II) 
Approved Code No. 99-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ASPHALT SHINGLE AND ROOFING 

MANUFACTURING INDUSTRY 

As Approved on March 21, 1935 

ORDER 

APPROVING AuENDl\1E T OF CoDE OF FAIR Col\IPETITION FOR THE 

AsPHALT SHINGLE AND RooFING :bfANUFACTURING INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Indu trial 

Recovery Act, approved June 16, 1933, for approval of an amendment to a Code of Fair C01npetition for the Asphalt Shingle and 

Roofing Manufacturing Industry, and hearings having been duly 

held thereon and the annexed report on said amendment, containing 

findings with respect thereto, having been made and directed to the 

Pre ident: 

N OvV, 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. 6859, and otherwise, does hereby incorporate 

by reference, said annexed report and does find that said amendment 

ai1d the Code a con tituted after being amended 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 

sail amendment be and it is hereby approYed, an l that the previous 

approval of said Code is hereby amended to include an approval of 

aid Code in it entirety as amended, such approval and uch amendment to take effect twenty (20) days from the late hereof, unle. · · o·ood cause to the contrary is shown to the National Industrial 

Recovery Board before that time and the National Industrial Recovery Board issues a sub equent order to that effect; provided, however, 

tl1at such approval an l uch amendment shall remain in effect until 

modified or terminated by a further or ler of the National In lu trial 

Recovery Board. 

NATIONAL IND STRIAL REcovERY BoARD, 

By \V. A. HARRil\IAN, 1dministtative Officer. 

Approval recommended: 

\V. P. ELLIS, 

Division Administratm-. 

\V ASHINGTO :r' D. c. 

lJ;Jw·ch f21, 1935. 

123254°----1603-111----35 (1) 
REPORT TO TI-IE PRESIDENT 

The PRESIDENT, 

The White House. 

Sm : An application ha been duly made pursuant to and in full 

compliance with the provi ions of the National Indu trial Recovery 

Act for an amendment to the Code of Fair Competition for the 

Asphalt Qhingle and Roofing 11anufacturing Industry, submitted 

by the Code Authority for the Asphalt Shingle and Roofing 1\'Ianufacturing Industry. 

The purpo e and effect of the amendment is to provide that tho ·e 

members of the Inclu try who may desire to do so may enter in to 

an agreement among themselves for payment of liquidatod damages 

upon determination by the National Indu trial RecoYery Board or 

other agency e tablished as proYided in the amendment, of violation of any proYision of the Code of Fair Competition for the 

Asphalt Shingle and Roofing Manufacturing Industry. 

The Deputy Admini trator in his final report to us on said amendment to aid Code having found as herein set forth and on the ba ·is 

of all the proceedings in this matter: 

We find that : 

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

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

National Industrial Recovery Act including the removal of obstructions 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 of labor and management under adequate 

governmental sanction an dsupervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of 

the present productive capacity of industries, by avoiding undue 

r estriction of production (except as may be temporarily required), 

by increasinO' the consumption of industrial and agricultural product through increasing purcha ing power, by reducing and relieving 

unemployment, by improving standards of labor, and by otherwise 

r ehabilitating industry. 

(b) The Code as amended complies in all respects with the pertinent provi ion of said title of aiel act, including without limitation 

sub ection (a) of section 3, subsection (a) of section 7 and subsection 

(b) of section 10 thereof. 

(c) The amendment and the Code as amended are not de ignecl 

to and will not permit monopolies or monopolistic practices. 

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

to and will not eliminate or oppress small enterpri ·es and will not 

01 erate to discriminate against them. 

(e) Those engaged in other steps of the economic pro e have 

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

sail amendment. 

For the e reasons, therefore we have approve l thi amendment. 

For the National Indu t rial Recovery Board: 

,v. A . HARRIMAN, 

A cl1ni·n is t1'ati v e 0 ffice?·. 

MARCH 21, 1935. ( 2 ) 
A!YIEND~IENT TO CODE OF FAIR CO:MPETITION FOR 

THE ASPHALT SHINGLE AND ROOFING MANUFACTURING INDUSTRY 

ARTICLE XIV-LIQUIDATED DAl\fAGE AGREEMENT 

Recognizing that the violation by any member of the Industry of 

any provi ion of this Code will disrupt the normal course of fair 

competition in the industry and cause serious damage to others, and 

that it will be impossible accurately to determine the amount of such 

damage, it is hereby provided that those members who may desire 

to do so may enter into an agreement among themselves embodying 

the following provisions: 

SECTION 1. Each member of the Industry assenting to the agreement and violating any provision of this Code shall pay to the 

Treasurer of the Code Authority, as an individual and not as Treasurer, in trust, as and for liquidated damage , upon determination of 

violation by the National Industrial Recovery Board or any impartial agency or person nominated by the Code Authority or designated by the assenters to this agreement and approved by the 

National Industrial Recovery Board, amounts as set forth below: 

(a) For the violation of any wage provision~ an amount equal to 

the difference between the wages which have been paid and the 'vage 

which would have been paid if the member had complied with the 

applicable provisions of the Code; 

(b) For the violation of any hour provi ion, an amount equal to 

the wages payable for the overtime at the regular rate payable under 

the terms of the Code, to the employee or employees who worked 

overtime; 

(c) For the violation of any labor provision of the Code other 

than an hour or wage provi ion, one hundred ($100.00) dollars; 

(d) For the violation of any provision of the Code (other than a 

labor provision) involving a tran action incidental to or connected 

with a sale of any product of the Indu try, an amount equal to 

twenty-five percent of the actual elling pri e of th prvdu t old in 

violation of any uch provi ion, or of the net price at which the 

product should have been sold und.or the Code, if determinable, 

whicheYer is the higher; 

(e) For the violation of any pro vi ion of the Code (other than a 

labor provision) not involving a transaction incidental to or connected with a sale of any product of the Industry, Two hundred and 

fifty ($250.00) dollars. SECTION 2. Each member of the Industry as enting to thi article 

shall furnish the Treasurer of the Code Authority, as an individual, 

with the bond of a surety company, approved for the purpose by 

the Code Authority, providing for the payment to the Treasurer 

by said Surety Company of any and a.ll damages, payable from 

(3) 
4 

time to tin.c by . uch memb r to the Trea,:;urer, individually, pur- ~uant to the provi ·ion - of this article. The bond so furni heel shall 

Le in the fol'm approYed by the Code Authority. All such payrnent · -hall Le clue and payable by the Surety Company promptly 

npon receipt of a certificate of the Code Authority, signed by the 

( 'hairman or by any three members thereof, certifying to the Surety 

Company that damages in a specified amount have been duly as-

.-e eel again t aid member pur uant to this article; that clemantl 

for the payment thereof ha been duly made upon said member 

of the Indu. try; that three day have elap eel since such demand, 

and that the said damages have not been paid. The bond so furni heel shall be in a sum determined by the Code Authority with 

the approYal of the member furnishing the same but such sum ·hall 

in no ca e be less than $5 000.00 nor more than $50,000.00. The 

member furni hing the bond shall maintain the same in effect during the life of this agreement. In the event of an asse sment for 

damages being set a ide, the Treasurer shall return to the member 

of the Indu try or to the Surety Company, whichever paid the 

same, any amount found to have been improperly assessed. 

SECTION 3. All amounts so paid to or co,llected by the Treasurer 

of the Code Authority, under the provisions of this Article, shall 

be a pplie l by him as follows : Fir t, if the violation shall have been 

of a labor proYision of the Code, equitable distribution of al.l damages paid therefor shall be made among all employees directly affected by such violation; Second if the violation· shall have been 

of a Code provision other than a labor provision, the damages arising therefrom hall be utilized to defray proper expenses of Code 

Administration, and the balance, if any, rem.aining in the hands of 

the Treasurer shall be eli tributecl semi-annually among member of 

the In lustry Ylho have as ented hereto and who have not been 

tletennined to have been guilty of a violation of a Code provision 

during the preceding semi-annua l period, on the ba is of the most 

recent as essment made again t members of the Industry for the 

expense of Code admini tration. 

SEcTION 4. Assent to thi article by any member of the Indu. try 

~hall be eYidenced by a signed statement signifying a sent, filed 

with the Code Authority. Failure to a ent to this Article shall 

not clepriYe any member of any other right or privilege under the 

('ode. By so a . enting, each member agrees with every other m -m--

ber and the Trea urer, indiYidually (1) that Yiolation of a Code proYision . ·hall brea h thi agreement and shall render the violator 

liable for the 1 a~ ment of liquidated damage as herein provided, 

(2) all right and cau es of action ari ing hereunder are assigned 

to the Treasurer, individually and in tru t, an l ( 3) that the Trea 

urer, as ·uch a.signee and a attorney in fact for each a enting 

member: may take all I roper legal a tion concerning damage found 

due her under. 

RECTION 5. The Code Authority may ''aive liability for payment 

of liqni 1ate l damao·e for any violation it find to have be n innocently made andre ·nlting in no material injury, and may redu e the 

amonnt of damages a. ·e_ eel against a. member of the Indu try. If, 

jn the opinion of the Code Authority ·n h redu tion in the ca e 

under consideration woull be equitable and would further the purl o e of th~v ~ ational Inclu trial Recoyery Act. 
SECTH''~ G. The Tren ·urer of the Code ~\ntl:orih ,, Ran in l_iyjcluat 

flT1cl not as Trea, nrer, by n cepting offic m· ct)nj nnino· in offico: 

acc-. pts the trust e::.,tabli.·h ecl by t h i. · contn ct anc.I agree~ to perform 

the L1utie. of Tru:tec hercunc1er until his ccc~!:O l' in offi may haY 

been appointed. 

SECTIO~ 7. Thi. contract n1a ;· b!... terminatocl by Yob of hv -third · 

( 73 ) of the parties hereto, such 'termination to tnl~ e1Ic('t jmnwcliat ely 

upon noti e in \\Titin ~ to sJicl Trea ·n rer of the CoJe \.uthority; 

provided, h \\"eYer, such termination .. hall not relieYc any men ber 

from payment of liqujdatecl clamaf!e. · clue a. · a l'('Fnlt of any Yiolatiun 

committed prior to said tenninnticn. 

SEcTrox . Nothing coLtainccl lwrein hall b construed or a ppliecl 

to (a) clepriYe any per "on of an:; right or right of a ·tion arising out 

of thi Code, or (b) relic-vo any Inemb"r of t h e Industry from any 

contractual or lpo·al obligation a rising ont of thi Code or of the 

A-t or otherwise ; nor . hall Yiolution of thi ngrc ~nt by an assenting member be deemed a violation of the Code o a to ·ubj ect the 

Yiolator t o any con,;eqnence ari ing unclnr S2dion 3 (b), Section 

3 (c), or Section 3 (f) of the National Industrial R ecovery \.ct, nor 

to any criminal pro ecution of any kin 1. 

Al!Dt·uyec1 Coc1e X o. 99-Amenclmel t "o. 1. 

R gi::;try ?\o. 100·3-1- 01. 

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