Approved Code No. 102-Amendment No. 3 Registry No. 1329-1-01 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

SHOVEL, DRAGLINE AND 

CRANE INDUSTRY 

AS APPROVED ON APRIL 6, 1935 

WE DO OUR PART 

I • 

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UNITED STATES 

GOV•ERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

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Approved Code No. 102-Amendment No. 3 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SHOVEL, DR-AGLINE AND CRANE INDUSTRY 

As Approved on April 6, 1935 

ORDER 

APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE 

SHOVEL, DRAGLINE AND CRANE I NDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of an amendment to a Code of Fair Competition for the Shovel, Dragline and 

Crane Industry, and opportunity to be heard thereon having been 

duly noticed and the annexed report on said amendment, containing 

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

President: 

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

States, the National Industrial Recovery Boa.rd, pursuant to authority vested in it by Executive Orders of the President, including 

Executive Order No. 6859, dated September 27, 1934, and otherwise; 

does hereby incorporate, by r eference, said annexed report and does 

find that said amendment and the Code as constituted 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 said amendment be a.nd it is hereby approved, 

and that the previous approval of said Code is hereby amended to 

include an a·pproval of said Code in its entirety as amended, such 

approval and such amendment to take effect twenty (20) days from 

the date hereof, unless good cause. to the contrary is shown to the 

National Industrial Recovery Board before that time and the 

National Industrial Recovery Board issues a subsequent order to that 

effect. 

NATION AL INDUSTRIAL RECOVERY BOARD, 

By W. A. HARRIMAN, Admvnistrative Officer. 

Approval recommended: 

BARTON w. MURRAY, 

Division Administrator. 

WASHINGTON, D. c., 

April 6, 1935. 

127169°-1749-24-35 (1) 
REPORT TO THE PRESIDE T 

The PRESIDENT, 

The vVhite House. 

Srn: This is a report on the Amendment to Article II, " Defini- tions", of the Code of Fair ompetition for the Shovel, Dragline 

and Crane Indu try, which provides in the definition of ' Indu try" 

for the inclusion of portable drilling machine . Opportunity to be 

heard was giYen from January 17 to February 6, 1935. 

FINDINGS 

The Assi tant Deputy Admini trator in his final r port to us on 

said Amendment to said Code having found a h r in et forth and 

on the basis of all the proceedings in this matt r : 

It is found 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 ob tructions to the free flow of interstate and foreign commerce which tend 

to diminish the amount thereof, and will pr°' ide for the gen ral wel- fare by promoting the organization of indu try for the purpo e of 

cooperative action of labor and management under adequat governmental anction and upervi ion, by eliminating unfair competitive 

practices, by promoting the fullest po ible utilization of the pre ent 

productfre capacity of indu trie by avoidino- undue re triction f 

produ tion ( except a may be temporarily requir d), b increa ing 

the con umption of indu trial and ao-ri ultural produ t thr u ·h 

increa ing pur ha ing I ower, by r ducino and r li int, un mpl -

ment b. impro ing tan lard f labor and by othen i e r habilitatin in lu try. 

(b) Th Co l a am nded c 

nent proYi ion of aid Title of aid 

ub cti n (a) of ti n 3 ub 

tion (b) of ction 10 th r f. 

( ) Th am ndm nt and th 

t and ill n p rmit n1on l oli 

( cl) Th m ndm nt and th 

to an l will n t limina or ppr 

1 re te t di rimina ao·c in t th m. 

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ArRIL 6, 19 . (2) 

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AME DMENT TO CODE OF FAIR COMPETITION FOR 

THE SHOVEL, DRAGLINE AND CRANE INDUSTRY 

Amend Article II, definition of "Industry", to read as follows: 

"Industry-the manufacture and the sale by the manufacturer 

within the continental United States of America, including Alaska 

and_ the Territory of Hawaii, of 

(1) power-operated, convertible shovels and draglines and special modifications thereof, such as cranes equipped for clamshell or 

lifting service, back-digging trench-hoes, skimmers, auto truckcranes, and the like, all having a nominal rating of one-third (1/3 ) 

cubic yard capacity and more; 

(2) full revolving locomotive cranes having a nominal rating of 

three (3) tons capacity and more, and special modifications of such 

machines embodying locomotive crane superstructure; 

( 3) portable drilling machines ( as distinguished from 'standard 

rig ' and pneumatic drills) of the cable-tool, rotary or hollow-pipe 

system, including attachments therefor and modifications thereof, 

and equipment and tools for the aforesaid, and mechanical bit-sharpening machines, when produced by the manufacturer of the finished 

product for use as integral or auxiliary equipment to the said portable drilling machines. 

(a) provided that the sale by the manufacturer of portable drilling machines, tools and equipment, as herein defined, for use in the 

Petroleum Industry, as defined in Article I of the Code of Fair Competition for the American Petrol 0 um Equipment Industry and Trade, 

shall be subject to the provisions of Articles VI and X of said American Petroleum Equipment Industry and Trade Code, and 

(b) provided that those manufacturers of portable drilling machines, tools and equipment whose total volume of bu iness is preponderantly under the American Petroleum Equipment Industry and 

Trade Code shall be exempt from the wage and hour provisions of 

the Shovel, Dragline and Crane Industry Code and shall be subject 

to the wage and hour provi ions of the American Petroleum Equipment Industry and Trade Code, and 

( c) provided that all sales for use outside the Petroleum Industry 

as above defined shall be subject to the Fair Trade Practices effecting the sale of portable drilling machines, tools and equipment of 

the Shovel, Dragline and Crane Industry Code." 

Approved Code No. 102-Amendment No. 3. 

Registry No. 1329-1--01. 

(3) 

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