YJ. 

2 

Registry No. 701-05 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

COAL DOCK INDUSTRY 

AS SUBMITTED ON AUGUST 25, 1933 

The Code for the Coal Dock 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 OFFICE 

WASHINGTON: 1933 

I 

I 

CODE OF FAIR COMPETITION FOR COAL DOCK OPERATORS 

UPON LAKE SUPERIOR AND LAKE MICHIGAN IN THE 

STATES OF MINNESOTA AND WISCONSIN AND THE 

UPPER PENINSULA OF MICHIGAN 

The undersigned operators of coal docks upon Lake Superior and 

Lake Michigan in the States of Minnesota, Wisconsin, and the Upper 

Peninsula of Michigan, being in number more than ninety-five per 

cent of such operators, and handling more than ninety per cent of all 

coal handled over docks on Lake Superior and Lake Michigan in the 

States of Minnesota, Wisconsin, and the Upper Peninsula of Michigan 

during the past four years, do hereby adopt and declare the following 

Code of Fair Competition, pursuant to Title I of the National Industrial Recovery Act and because of it and the published declarations 

of officers of government following it and to the observance of each 

of the provisions of this Code the undersigned do respectively pledge 

then1selves and agree with each other to comply therewith and they 

respectfully solicit the approval of the President of the United States 

to this Code: 

I-DEFINITIONS 

A. The term "dock operator" shall mean a person or corporation 

on whose account coal intended for sale to others is received in and 

removed from vessels to docks on Lake Superior and Lake Michigan 

in Minnesota, Wisconsin, and the upper peninsula of Michigan ports. 

Whenever in this Code the word "coal" is used, it shall be taken to 

mean solid fuel handled over the docks from vessels. 

B. A quantity consumer is a person who in the immediate past has 

purchased his coal at wholesale from the dock operators, and such 

other persons as the committee selected pursuant to Section V hereof 

may, subject to the approval of the President, define by general 

definition as properly belonging to the class of persons entitled to 

purchase coal at wholesale prices from the docks. 

C. A retail dealer is one who (except in towns where coal docks are 

located) has storage yards and facilities for weighing coal, and who in 

any town continuously carries a stock of coal and continuously all 

year conducts a regular retail coal business. A retail dealer in towns 

where docks are located is one who may or may not carry a stock of 

coal on hand but draws all or part of his supplies from a dock or a 

track yard retail dealer as needed and who continuously maintains a 

regular office, served by a business telephone and who continuously, 

all year, conducts a regular retail coal business; provided that nothing 

in this section I-C or in Section VIII-A contained shall prevent any 

person meeting the qualifications of a retail dealer as herein set forth 

entering into and engaging in the retail coal business. 

II 

Nothing in this Code shall be taken to regulate or refer to the 

conduct of a regularly established retail business of a dock operator. 

8699-33 (1) 
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III-WAGEs AND HouRs oF LABOR 

Forty (40) hours' work per week, averaged 1nonthly , shall be the 

maximum weekly work for labor upon the coal docks above mentioned 

except in cases of accidents or en1ergencies and except where longer 

hours in a week are necessary in order to discharge cargo fron1 waiting 

vessels or to provide for the necessities of dependent communities in 

extreme weather. The minimum rate of wage per hour for labor 

employed upon the coal docks shall be forty cents (40¢ ). Overtime 

shall be paid for at the rate of time and one third on the basis of an 

8-hour day . 

No person under the age of 16 shall be employed on a coal dock. 

IV-CONDITIONS OF EMPLOYMENT 

"(a) Every code of fair competition, agreement, and license approved, prescribed, or issued under this title shall contain the following conditions: (1) That employees shall have the right to organize 

and bargain collectively through representatives of their own choosing, and shall 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 pro- tection; (2) that no employee and no one seeking employment shall 

be required as a condition of employment to join any company union 

or to refrain from joining, organizing, or assisting a labor organization 

of his own choosing; and (3) that employers shall comply with the 

maxirnum hours of labor, minimum rates of pay, and other conditions 

of employment, approved or prescribed by the President." 

V-ADMINISTRATION AND PRICES 

The dock operators shall by a majority of the industry in tonnage 

and in number select a committee of six, three members from Lake 

Superior and three members from Lake Michigan, who, subject to 

the approval of the President, shall from time to time fix the minimum prices at which the coal shall be sold. Such prices shall be the 

cost of the coal and its handling and sale, plus a reasonable profit 

thereon, including a reasonable returh upon the investment of the 

operators in the docks and in the coal, except that in special cases 

and for the sole purpose of meeting the competition of other forms of 

energy or of coal from other sources, the Committee may, subject to 

the approval of the President, fix a lower price. Majority of tonnage 

is to be computed upon the average tonnage shipped by each operator 

from its dock or docks in the past four calendar years. A single form of sale contract is prescribed by the Committee 

hereby provided for, subject to the approval of the President, shall 

be used by the coal dock operators to cover all contracts (except public 

contracts) for the sale of coal to be delivered at dates more than thirty 

days subsequent to the date of contract. The Committee in this section provided for may appoin t district 

committees to deal with purely Jocal matters and make recommendations to the Committee for its approval. 
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ubj t to the provision of the Executive Order of July 15, 1 33, 

complaint of violation of thi Code may be mad y any per on to 

the ommittee here y e tabli hed. 

Any memb r of the Committee may appoint a proxy in his pl c . 

VI-OvEREXP AN ro 

Where exi ting facilities for the distribution of dock coal are ade- quate to the needs of the territory served by the docks, no additional 

docks shall be established and no additional contracts for handling 

coal over the docks for resale will be made except pursuant to resolution of the Committee established pursuant to section V hereof. 

Provided that each refusal of the Committee to permit such additional 

docks or contracts shall be subject to· the approval of the President. And further provided that dock operators may at all times in the 

interests of efficiency and economy handle coal for other dock companies now engaged in the dock business. 

Nothing in this section shall operate to restrict a dock operator in 

securing its bona fide coal supply. 

VII-ENFORCEMENT 

Dock operators operating under this Code shall furnish the Committee established by section V such information and reports as to 

the handling and sale of coal as in the judgment of such Committee 

is deemed necessary and expedient to enforce the provisions of this 

Code. Such Committee or its representatives shall have the right 

to inspect the sales contracts (including sales contracts entered into 

prior to the effective date of this Code), books, records, and correspondence of the dock operators subscribing hereto, insofar as such 

contracts, books, records, and correspondence have to do with matters 

relevant to this Code. Provided, however, that all reports and information furnished by dock operators to or obtained from their contracts, books, records, or correspondence by such Committee or its 

representatives shall not be divulged to any other dock operator nor 

to any other person, except as· it may be necessary to divulge such 

information to enforce the observance of the provisions of this Code 

or with a bona fide purpose to enforce such observance, or except as 

the dock operator in question shall consent to such publication. 

VIII-TRADE PRACTICES 

Any of the following acts are violations of this Code: 

A. The sale of coal by dock operators other than to quantity con- sumers or retail dealers or other dock operator or otherwi e than 

direc tl v to them. 

B. Terms of sale shall be strictly adhered to and the payment or 

allowance (in the event of change in the price of coal or othenvise) 

of rebates, refunds, credit , concession , or unearned discounts, whether in the forn1 of mone or othenvi e, upon coal or other good 

or extending to certain purcha ers any enri e or pri,ilege no 

extended to all pur hasers under like term and conditions. 

C. The predating or postdating of any invoice or contract for the 

purchase or ale of coal except to conform to a bona fide agreement 

for the purcha P or ale entered into on the predate. 
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D. The intentional misrepresentation of analyses or sizes, or the 

intentional making, causing or permitting to be made, or publishing 

of any false, untrue, misleading, or deceptive statement, by way of 

advertisement, invoice, or otherwise, concerning the size, quantity, 

character, nature, preparation, or origin of any coal bought or sold. 

E. Any attempt to purchase business, or obtain information concerning a competitor's business by gifts or bribes. 

F. The making of, or causing or permitting to be made, any false or 

deceptive statements, either written or oral, of or concerning the 

business policy of a competitor, his product, selling price, or financial, 

business or personal standing. 

G. The unauthorized use, either in written or oral forms, of trade 

marks, trade names, slogans, or advertising matter already adopted 

by a competitor or deeeptive approximations thereof. 

H. Inducing or attempting to induce, by any means or device 

whatsoever, the breach of contract between a competitor and his 

customer. 

I. The prepayment of freight charges with the intent or with the 

effect of granting discriminatory credit allowances. 

J. The sale of coal to a purchaser whose account with any dock 

operator has been past due for more than forty-five days, except for 

cash, except as permitted by action of the Committee selected pursuant to Section V hereof. 

K. The giving in any form of adjustments, allowances, discounts, 

credits, or refunds to purchasers or sellers of coal for the purpose or 

with the effect of altering retroactively a price previously agreed upon 

in such a manner as to create price discrimination. 

L. The sale or offering for sale of coal of a certain kind or size at a 

price appropriate for such coal with the secret understanding that 

coal of other quality, size, or preparation, listed at or generally commanding a higher price, will be delivered, or delivery of coal inferior 

to that agreed to be delivered upon a sale. 

M. Delivery of coal by trucks from docks at less than published 

price plus the cost of delivery as defined by the Committee selected 

pursuant to Section V hereof. 

IX-ADMISSIONS 

Dock operators other than the signers hereof may join in agreement 

to this Code upon application of such dock operators to the Committee, and upon advising theN ational Recovery Administration thereof. 

Those who agree to this Code accept their share of the cost and 

responsibility as well as the benefit of such participation. No initiation or entrance fee shall be charged, but there shall be levies by the 

Committee selected pursuant to Section V hereof upon the following 

basis: 

Two (2) mills per ton of coal shipped from the docks by each 

operator during the preceding calendar year, such levies to be from 

time to time adjusted by the industry to meet the cost of administering 

this Code. 

Other or unusual assessments, if any be made, shall be levied on 

the same basis, provided that a majority of the industry approve the 

amount of such assessments. A list of the names and addresses of 

all persons subscribing to this Code, and so far as ascertainable of 
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all dock operators as above d fined, shall be kept on file, open to 

inspection, at the Committee. 

Nothing in this Code i designed to promote a monopoly or to 

eliminate or oppress small operators. 

X-MODIFICATION 

• 

This Code and all the provisions thereof are expressly made subject 

to the right of the President, in accordance with the provision of 

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

time to cancel or modify any order, approval, license, rule, or regulation, issued under Title I of said Act, and specifically to the right of 

the President to cancel or modify his approval of this Code or any 

conditions imposed by him upon his approval thereof. 

XI. TERMINATION AND AMENDMENT 

This Code shall remain in effect until the expiration of theN ational 

Industrial Recovery Act; but after three months from the approval 

hereof by the President, the subscribers to this Code may withdraw 

from it, by action of the n1ajority of the industry. A meeting of all 

the dock operators will be called at any time by the Committee upon 

ten days' notice and at a convenient place upon the written request 

of not less than five dock operators, for the purpose of revising, 

amending, or supplementing this Code; and any revisions, amendments, 

or supplements adopted at any such meeting by a majority in number 

and in tonnage of those present at the meeting shall, subject to the 

approval of the President of the United States, become a part of this 

Code. 

XII. ADJUSTMENTS 

The subscribers to this Code endorse the following statement of 

the President of the United States: 

"Increased costs resulting from this Government-inspired movement may make it very hard for some manufacturers and jobbers 

to fulfill some of their present contracts without loss. It will be a 

part of this wide industrial·cooperation for those having the benefit 

of these forward bargains (contracted before the law was passed) 

to take the initiative in revising them to absorb some share of the 

increase in their suppliers' costs thus raised in the public interest"-

and therefore the Committee established pursuant to section V hereof 

is constituted an agency to assist in effecting the adjustments referred 

to in the foregoing statement. 

XIII-COMMITTEE 

The Committee established pursuant to section V hereof and unanimou·sly elected by the subscribers to this Code at their general 

meeting consisting of the following persons: 

Joseph W. Simpson, President, Milwaukee-Western Fuel 

Company, Milwaukee, Wisconsin; 

William A. Reiss, President, C. Reiss Coal Company, Sheboygan, Wisconsin; 

E. P. Smith, President, Central West Coal Company, }.1enominee, Michigan; 
UNIVERSITY OF FLORIDA 

6 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll 

3 1262 08855 5775 

E. N. Saunders, Jr., Presdient, Northwestern Fuel Company, 

St. Paul, Minnesota; 

E. S. Kendrick, President, Inland Coal & Dock Company, 

Minneapolis, Minnesota; 

F. 0. Brandt, Vice President, Northern Coal & Dock Company, Stv Paul, Minnesota; 

may be addressed at 602 Endicott Building, St. Paul, Minnesota, or 

individually at the above addresses. 

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