Approved Code No. 201-Supplement No. 19 Registry No. 714-01 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

CHARCOAL AND PACKAGE 

FUEL DISTRIBUTING TRADE 

(A Division of the Wholesaling or Distributing Trade) 

AS APPROVED ON AUGUST 7, 1934 

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UNITED STATES 

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WASHINGTON: 193' 

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Approved Code No. 201-Supplement No. 19 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

CHARCOAL AND PACKAGE FUEL DISTRIBUTING 

TRADE 

As Approved on August 7, 1934 

ORDER 

APPROVING SUPPLEMENTARY CODE OF F AIR COMPETITION FOR THE 

CHARCOAL AND P ACK.AGE FuEL DISTRIBUTING 'TRADE 

A DIVISION OF THE WHOLESALING OR DISTRIBUTING TRADE 

An application having been duly 1nade pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for the approval of a Supple1nental Code of Fair Competition for the Charcoal and P ackage 

Fuel Distributing Trade to the Code of Fair Competition for the 

Wholesaring or Distributing Trade, and hearings having been duly 

held thereon and the annexed report on aid Code, containing findings with respect thereto, having been made and directed to the 

President: 

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

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to Authority vested in me by Executive Orders of the 

President, including Executiye Order No. 6543-A, dated December 

30, 1933; and other-wise-<- do hereby incorporate by reference said 

annexed report and do hnd that sail Supplemental Code complies 

in all respects with the pertinent provisions and will promote the 

policy and purposes of said Title of said Act; and do hereby order 

that said Supplemental Code of Fair Competition be and it is 

hereby approved. 

HUGH S. JOHNSON, 

Ad1ninist1·ator for Industrial Recovery. 

Approval recommended : 

ROBERT L. HOUSTON' 

Division Adm,inistrator. 

vv ASHINGTON, D.C., 

August 7, 1934. 

78998 °-1044- 39-· 34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: This is a report of the Hearing on the uppl menial Code 

of Fair Competition for the Charcoal and Packao-e Fu 1 Di tributing Trade, con lucted in R om 127, vVillard H t 1 at 10 a.m., ~1ay 

14, 1934. The Supplemental Code, which is attached, was pre. ented 

by a duly qualified and authorized r epresentative of the Trade, omplying with the statutory requirements. 

THE TRADE 

Accordino· to tatist: Co furni ·hed by members f the harcoal and 

Package Fuel Di tributing Trad , it is e timated that th r are 

approximately 400 concerns; the aggregate inv -t 1 ar ital i approximately $10,000,000 with aggregate annual ales of , 4- 00 ,000. 

The Trade employ 10,000 p r on . 

HOURS AND WAGE 

The Supplen1 ntal labor provi jon e tabli h a maximum hirtytwo (32) hour work week between May 1 and October 1 · a maximum forty ( 40) hour work week ·b tween O · ber 1 and ifay 1, 

and a wage of forty-five ( 45¢) cent per hour. 

OTHER PROVI ION OF THE DE 

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ha.Ying fountl a. · h r .in t f rth t1n 1 

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groups, by inducing and maintaining united action o:f labor and 

management under adequate governmental sanction and supervision, 

by eliminating unfair competitive practices, by promoting the fullest 

possible use of the present froductive capacity of industries, by 

avoiding undue restriction o production ( except as may be temporarily required), by increasing the consumption of industrial and 

agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of 

labor, and 'by otherwise rehabilitating industry. 

(b) Said Trade normally employs not more than 50,000 employees 

and it is not cla sified by me as a major industry. 

( c) The Supplemental Code as approved complies in all respects 

with the pertinent provisions of said Title of said Act, including 

without limitation Subsection (a) of Section 3, Subsection (a) of 

Section 7. and Subsection (b) of Section 10 ther~of; and that the 

applicant association is a trade association truly representative of 

the aforesaid Trade ; and that said association imposes no inequitable 

restrictions on admission to membership therein. 

( d) The Supplemental Code is not designed to and will not permit monopolies or monopolistic practices. 

( e) The Supplemental Code is not designed to and will not eliminate or oppress small enterprises and will not operate to discriminate again t them. 

(f) Those engaged in other steps of the economic process have not 

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

Supplemental Code. 

For these reasons, this Supplemental Code has betm approved. 

Respectfully, 

AUGUST 7, 1934. 

HuoH S. JOHNSON, 

Administrator. 
SUPPLEJ\1:ENTARY CODE OF FAIR COMPETITION FOR 

THE CHARCOAL AND PACKAGE FUEL DISTRIBUTI G 

TRADE 

A DIVISION OF THE WHOLES.ALE OR DISTRIBUTING 'l'RADE 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Indu. trial 

Recow~ry Act, this Supplemental Code is established as a Code of 

Fair Competition for the Charcoal and Package Fuel Di tributing 

Trade, pursuant t-0 Article VI, Section 1 ( c), of the ode of Fair 

Competition for the Wholesaling or Distributing Trade, approved 

by the President of the United States on January 12, 1934. The 

provisions of that General Code, which are not in conflict with the 

provisions of this Supplemental Code, are hereby incorporated by 

reference in thi Supplemental Code and made part hereof. uch 

provisions o:f the General Code, togethBr with the provision of this 

SupplBmental Code, are the standard of fair competition for a.nd 

are binding upon every member of the Charcoal and Package Fuel 

Distributing Trade. 

ARTICLE II-DEFINITIO s 

SUPPLEMENTING ARTICLE II OF THE GENERAL CODE 

(4) 
5 

6. The term "Divisional Code Authority", as used herein, is defined to mean the Divisional Code Authority for the Charcoal and 

Package Fuel D,istributing Trade, a division of the Wholesaling or 

Distributing Trade. 

7. The term " G.eneral Code ", as used herein, is defined to mean 

the Code of Fair Competition for the Wholesaling or Distributing 

Trade, as approved by the President on January 12, 1934. 

ARTICLE III-HouRs 

SUPPLEMENTING ARTICLE III OF THE GENERAL CODE 

1. Between May 1 and October 1, no employee shall be permitted 

to work n1ore than thirty-two (32) hours in any one week nor more 

than eight ( 8) hours in any twenty-four ( 24) hour per,iod, nor more 

than five ( 5) days in any one ,veek. Between October 1 and May 1, 

no employee shall be permitted to work more than forty ( 40) hours 

in any one week nor more than eight (8) hours in ally twenty-four 

hour period, nor more than six ( 6) days in any one week. 

Exoepti01'1s.-(a) An employee 111ay be permitted to work in excess 

of the maximum hours fL"'\:ed in Section 1 of this Article prov,ided 

he is paid at the rate of at least time and one-half his normal rate of 

pay for all hours worked in excess of such maximum, and provided 

further, that such overtime shall not exceed eight ( 8) hours in any 

one week, except as provided in paragraph (b) of this Sect,ion. 

(b) In case of an emergency involving breakdown or protection 

of Jite or property such employees as are necessary may be permitted to work unlimited overtime, provided further, that each such 

employee shall be paid at the rate of at least time and one-half his 

normal rate of pay for all hours worked in excess of the maximum 

provided ,in Section 1 of this Article. A r eport giving full details 

of each such emergency shall be sent to the Divisional Code Authority 

within thirty (30) days after such emergency overtime work shall 

have commenced. 

2. The hours worked by each employee each day shall be consecutive with the exception of not more than one hour for lunch. 

3. No employer shall knowingly per,mit any employee to work 

for any time which, when totaled with that already performed with 

another e,rnployer, or employers, in this Trade exceeds the maximum 

prescribed herein. 

4. Any person other than an employee, such as an owner, stockholder, partner or an executive, who performs the work of an employee, shall be bound to observe the maximum hours pertaining to 

the class of employees whose work he is performing, except when 

performing work of an executive nature. E,mployees compensated 

on a piece work or c0111mission or any other basis shall not be employed in excess of the maximum hours. 

ARTICLE IV-WAGES 

SUPPLEMENTING ARTICLE IV OF THE GENERAL CODE 

1. No employee shall be paid less than at the rate of forty-five 

cents ( 45¢) per hour. 
6 

2. 1V age paid on a pieee r_ate, conurus 10n or oth-er basis shall 

€qual an h ourly rate not less than that pecified in Section 1 as 

the minimun1 rate I er holll'. 

3. No employee whose normal full-time weekly hotU's as of Dece.mber 1, 1933, are r duced by less than twenty per cent (20 % ) shall 

have his full-time weekly earnings as of December 1, 1933 reduc-ed. 

No employ e wh norm.al full-time w 0 kly hours as of December 1, 

1933 are r" luced twenty per cent (20 % ) or more shall have his 

full-time weekly earni~s as of December 1, 1933 reduce l by more 

than ten per c nt (10 % ). "\Vages above the minimum ·hall be iner ased by .:;in equitable adjustment 01 all pay ~chedules in order to 

maintain th liff rential existing as of D ecemb r 1, 1933. , vithin 

sixty (60) day.; after th dfective dat of this up1Jl n1e11ta l ode 

a r port of all wage adju tme11ts shall be made to t he lmini trator. O:n. December 1 19S4 a supplemental r eport o:f all wao- a lju -

m nts shall b made to th Atlmini trator. 

4. F emale em1 ioye · performing ub tantially the me work as 

male employees hall r ceive the . ame rate of pay a ~ 'U h rnal 111-

ployees. 

5. Wage. shall b~ paid weekly or semi-monthly in lawful n 11 y 

or by negotiable check. 6. Wag-es shall be exempt from fines, haro-es, ,rebate , der u tion , 

or any other form of withholding wac,- , except for contributions 

voluntarily made by th employee or req1ir cl by law. 

A1n:I CLE V--GEN1.mAL LABOR Pn YI ·r N 

SUPPLEMENTING RTICVE V OF Tl-rn -GE '.ER.AL CODE 

wi h h m· ximum hour 

rnli ti 111: >1 'I 1 l ll. ·m nt 
7 

3. No e,rnployer shall reclassify employe or duties of -0ccu1rn.tions 

performed, or discharge employees to re-employ them at lower rates, 

or engage in any other subterfuge so as to def.eat the purposes or 

provisions of tl e Act or of thi Supplen1en al Code. 

4. No provision in this Sup1)le1nental Code hall super ede any 

State or Federal law which impose 011 mployers more stringent 

requirements, than are imposed by thi.:; upplemental Code.., as to 

age of employees, wages, hour of ·wor'-c, or as to safety, health, sanitary _ general working conditions, in urance or fire protection. 

5. No employee hall be dismi sed without two (2) we-ek notice. 

6. Every employer shall provido for the afety and health of 

employees during the hour and at the places of their employment. 

Standard · for safety and health shall be subn1itted by the Divi ional 

Code Authority to the Ad1ninistrator within three months after the 

effective date of the Suppl€mtmtal Code. 

7. A person whose -earning capacity is limited because of age, 

physical or mental handicap, or other infirmity, m.ay be employ-ed 

on light work at a wage below the minimum establi hed by this 

Code, if the en~ployer -obtains from. the State Authority, designated 

by the United States Department of Labor, a certificate authorizing 

such per on' e1nployment at such w.ages and for such 11ours as 

shall be stated in the oertifi.cate. Such Authority shall be guided 

by the instructions .of the United tates Department of Labor in 

issuing certificates to such persons. Each employer shall £le auunthIy with the Divisional Cod-e A.uthority a list of all such persons 

employed by him, showing the wages paid to, and the m.aximum 

hours -of work for such employee. 

8. No employer subject to this Supplen1ental Code shall di miss or 

-demote any employee for making a con1plaint or giving -evidence 

with re peot to ·an alleged violation of this Supplemental Code. 

ARTICLE VI-ADMINIS'I'.R.A TION 

SUPPLEn-IE..L TING r\RTICLE VI OF THE GENERAL CODE 

1. The Divisional Code Authority for the Charcoal and Package 

Fuel Distributing Trade is hereby established and it shall consi t of 

nine (9) members to be selected as follows: Seven (7) tG> be c.}ected 

by th0 Association from the Board of Director of the National 

Association of Charcoal and Package Fuel Distributors, two {2) 

representat5ves of non-members to be elected by them in a fair manner, approved by the Administrator. 

2. Subject to su.ch rules and regulations a· n1ay be issued b · the 

Administrator, the Divisional Code Authority shall have the following power and duties in addition to those authorized by other 

:provisions of this Supplemental Code and by th 0 provision of the 

General Code. 

(a) To adopt by-laws and rul~s and regulation · :for it procedure. 

{b) To use su h trade associations and other agencies as it deen1s 

proper for the carrying out of any of its activities provided :for 

herein; provide 1, that nothino· herein shall relieY-e the Divisional 

Code Authority of its duties or responsibilities under this Supplemental Code and that such trade as ociations and agencies shall at all 

times be ubject to and comply with the provisions hereof. 
8 
9 

(1) To incur such re.asonable obligations as are necessary ancl 

proper for the foregoing purposes, and to meet such obligation out 

o:f funds which 1nay be raised as hereinafter provided and which 

shall be held in trust for the purposes of the Supplemental Code; 

(2) To submit to the Administrator for his approval, subj ect to 

such notice and opportunity to be heard as he may deem necessary 

(1) an itemized budget of its estim.ated expenses for the foregoing 

purposes, ancl (2) an equitable basis upon which the funds necessary 

to· support such budget shall be contributed by members of the Trade; 

(3) After such budg0 t and basis of contribution have been approved by the Administrator, to determine and obtain equitable 

contribution as above set forth by .all members of the Trade-, and to 

that end, if necessary, to institute legal proceeding therefore in its 

own name. 

(b) Each men1ber of the Trade shall pay his or its equitable contribution to the expenses of the maintenance of the Divisional Code 

Authority, determined as hereinabove pro-vided, and subject to rules 

.and regulations pertaining thereto issued by the Administrator. 

Only members o:f the Trade complying with. the Supplemental Code 

and contributing to the expenses of its administration as hereinaho-ve 

provided, unless duly exempted from making such contributions, 

shall be entitled to participate in the selection of me.mhers of the Divisional Code Authority or to receive the benefits of any of its voluntary activities or to make use of .any emblem or insignia of the 

National Recovery Administration. 

(c) The Divisional Code Authority shall neither incur nor pay 

any obligation in excess of the amount thereof as estin1a.ted in its 

approved budget, except upon approval of the Administrator; and 

no subsequent budget shall contain any deficiency item for expendi- tures in excess of prior budget estimates except those which the 

Administrator shall have so approved. 

6. Nothing contained in this Supplemental Code shall constitute 

the members of the Divisional Code Authority partners for any 

purpose, nor shall any member of the Divisional Code Authority 

be liable in any manner to anyone for any act of the other members, officers, agents, or employees of the Divisional Code Authority. Nor 

shall any member of the Divisional Code Authority exercising rea- sonable diligence in the conduct of his duties hereunder be liable 

to anyone for any action or omission to act under this Supplemental 

Code, except -for his own willful malfeasance or non-feasance. 

7. If the Administrator shall at any time detern1ine that any 

action of the Divisional Code Authority or any part thereof may be 

unfair or l~njust or contrary to the public interest the Administrator 

may require that such action be su pended to afford an opportunity 

for investigation of the merits of such action, and further consideration by such Divisional Code Authority or agency pending final 

action which shall not be effective pending final action which hall 

not be effective unless the Administrator approves or unless he shall 

:fail to disapprove after thirty (30) days' notice to him of intention 

to proceed with such action in its original or modified form. 
10 

ARTICLE VII-UNFAIR TRADE PRACTICES 

SUPPLEMENTING ARTICLE VII OF THE GENERAL CODE 

The following are declared to be unfair trade practices and are 

prohibited: 

1. To borrow, lend, purchase, ell or u e the bag , packages or 

containers of any other member of the Trade or of any other con- cern or form of enterprise; and each member of the Trade is required 

to have his or its container with hi or its name and addre s, contents and quantity clearly printed thereon so as to be readily identified; no individual firm, corporation or other form of enterpri e 

shall make any sales or deliveries of any package fuels in any containers but their own. 

2. To brand, mark: or pack any goods, or use any brands, trade 

marks, designs or color combination , on any delivery equipment, 

containers or uniform of employees, or otherwise, in connection with 

the sale of any good in any manner which is intended to or does 

deceive or 1nislead purcha ers with respect to the brancl, grade, quality, quantity, origin, size sub t,ance, character, material content or 

preparation, of such goods. 

3. To defame any competitor by false charges and statement of 

dishonorable conduct, inability to perform contracts, que tionable 

credit ~tandina, or by other fal e representations, or to falsely disparage the grade or quality of hi goods. 

4. To operate the business or make deliveries on unday or on ·uch 

day recognized as legal holiday in the particular . tate , her the 

place of business of the member of the Trade i located, ex pt in 

case of emergency, which shall be immediately reporte 1 to th n are t 

agency of the Divisional Code Authority. 

5. To deliver by weight or mea ure less fuel than is r quir 

standar l_, uniform, an l cu tomary bag , pa kages and ontainer 

or to deliver a mixture of size with intent to deceive the con um r. 

ARTI LE VIII-Co · T AND Pnr E TTI G 
11 

within the Trade for a limited period is neces ary to mitigate the 

conditions constituting such em rgency and to effectuate the purposes 

of the Act, the Divi ·ional Code Authority may cause an impartial 

agency to investigate costs and to recommend to the Administrator 

a determination of the stated minimum price of the product affected 

by the emergency and thereupon the Adn1inistrator may proceed to 

determine uch stated minimum price. 

(b) \iVhen the Administrator shall h ave determined such stated 

minimum price for a specifi ed product for a stated period, which 

price hall be reasonably calculat-ed to mitigate the conditions of 

such emergency and to effectuate the purpo e of the National Industrial Recovery Act, he shall publi h such price. Thereafter, durin~ 

such stated period, no member of the Trade shall sell such specified 

products at a net realized price below said stated minimum price 

and any such sale shall be deemed destructive price cutting. From 

time to time, the Divisional Code Authority may ri:.commend review 

or reconsideration or the Administrator may caus0 any determinations hereunder to be reviewed or reconsidered and appropriate action taken. 

3. Cost Fincling.-The Divisional Code Authority shall cause to 

be formulated methods of cost finding and accounting capable of use 

by all members of the Trade, and shall submit such methods to the 

Administrator for review·. If approved by the Administrator, full 

information concerning such methods shall be made available to 

all me1nbers of the Trade. Thereafter, each rn.ember of the Trade 

shall utilize such methods to the extent f ound practicable. Nothing 

herein contained shall be construed to perm.it the Divisional Code 

Authority, any agent thereof, or any member of the Trade to suggest uniform additions, percentages or differentials or other uniform 

jtems of cost which are designed to bring about arbitrary uniformity 

of costs or prices. 

ARTICLE IX-MODIFICATION 

This Supplemental Code and 1111 the provisions thereof are expressly made subject to the right of the President in accordance 

with the provisions of Sub-section (b) of Section 10 of the Act, 

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

rule or regulation issued under Title I of said Act. 

ARTICLE X-EFFECTIVE DATE 

This Supplemental Code shall become effective on the tenth day 

after its approval by the Administrator. 

Approved Code No. 201-Supplement No. 19. 

Registry No. 714-01. 

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UNIVERSITY OF FLORIDA 

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