NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

WHOLESALE COAL 

AND COKE INDUSTRY 

AS SUBMITTED ON AUGUST 30, 1933 

REGISTRY No. 701-32 

The Code for the Wholesale Coal and Coke 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 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - ,Price 5 cent 

CODE OF FAIR COMPETITION AND TRADE PRACTICE FOR 

THE WHOLESALE COAL AND COKE INDUSTRY IN THE 

UNITED STATES 

APPROVED BY THE EXECUTIVE COMMITTEE AUGUST 15, 1933 

To effectuate the policy of Title I of the National Indu trial Recovery Act, the following provisions are establi heel as a Code of 

Fair Cmnpetition for the Wholesale Coal and Coke Indu try. 

1. DEFINITION OF TERMS 

The term \Vhole aler " when u ed in this Code, include a person, 

partnership or corporation engaaed in the busine of buyina and 

elling coal coke and/ or solid fuel in carloads or boatload Includino- tho e engaged in maintaining Wholesale depots. 

2. GENERAL REGULATIONS 

The Wholesalers will cmnply 11ith the following pecific provi ions 

of the National Indu trial Recovery Act. 

(a) That en1ployees shall have the right to organize and bargain 

collectively through repre entative of their own choosing, and hall 

be free from the interference, restraint, or coercion of employers of 

labor or their agents, in the designation of uch representatiYes or in 

Qelf-organization or in other concerted activities for the purpo e of 

collectiYe bargaining or other mutual aid or protection. 

(b) That no employee and no one seeking employn1ent shall be 

required as a condition of employment to join any cOinpany union 

or to refrain from joining, organizing, or assisting a labor organization of hi own choosing; and 

(c) That employers shall comply with the maximum hour of 

labor, mini1num rates of pay, and other conditions of employment, 

.approved or prescribed by the President. 

3. REGULATIONS OF HoURs OF WoRK 

No emploj ees (except executives, officer and out ide ale men) 

may work in exce s of an average of forty ( 40) hour during the 

week ba ed upon a six months' period. 

4. MINIMUM WAGE RATE 

(a) The minimum pay for labor shall be at the rate of 40¢ per 

hour and for accounting clerical, office services or ale mployee 

shall be at the rate of $15 per week in any cit of over -oo 00 population, or in the immediate trade area of uch city · nor le than 

8691-33 (1) 
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$14.50 per week in any city of between 250,000 and 500,000 population, or in the immediate trade area of such city; nor less than $14 

per week in any city of between 2,500 and 250,000 population, or in 

the immediate area of such city. 

(b) In towns of less than 2,500 population wholesalers who have 

not signed the President's Reemployment Agreement shall increase 

all wages by not less than 20 percent, provided that this shall not 

require wages in excess of $12 per week. 

5. PROHIBITION OF CHILD LABOR 

On and after the effective date of this Code, Wholesalers shall not 

-e-1nploy any minor under the age of sixteen (16) years. 

6. FAIR AND UNFAIR METHODs oF CoMPETITION 

(a) To insure fair competition and to enable the Wholesaler to 

properly function under this Code, it is nece sary to preserve the 

ound princi pie under which the Wholesaler is allowed to meet the 

producers' competition in all consuming districts in coals, cokes, 

and/ or other solid fuels of equal grades and sizes. In meeting such 

competition a fair and equitable compensation shall be required for 

the transaction of the bu ine s, which shall be measured by the 

nature of the distribution as well as the conditions in each district. 

Any que tion between vVholesalers arising from the application of 

this Section shall be settled by the Committees provided for un ler 

Clause 7 (a) of this Code. Any such question between \Vholesalers 

and Producers will be referred to this Committee to be handled in 

conference with the Agency or authority provided for by the proper 

Producers' Code. 

(b) The Wholesaler in buying and selling coal, coke, andj or other 

solid fuel shall specify the grade and size ordered, and shall require, 

as a condition of sale and purchase, that this information be shown 

on the invoice, manifest, and billing. 

(c) The consignment of unordered coal, or the forwarding of 

coal which has not actually been sold, consigned to the Wholesaler 

or his agent, is a violation of this code; provided, however, that 

coal which has not actually been sold may be forwar led, consigned 

to the \Vholesaler or his agent, to Tidewater ports and/ or to lake 

ports and/ or to docks beyond such ports, but uch hipments shall 

be limited to co er bunker coal or to coal that i applicable ao·ainst 

existing contracts, or for storage by the wholesaler on docks wharves, 

or yards for resale by the wholesaler or his agent. 

(d) The adjustment of claims with purchasers of coal in such 

manner as to grant secret allowances, secret rebates, or secret concessions creates price liscrimination and is a violation of this code. 

(e) The prepayment of freight charges with intent or with the 

Bffect of granting discriminatory credit allowance is a Yiolation of 

this code. 

(f) The giving in any form of adjustment, allowances, eli counts 

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, is a violation 

{)f this code. 
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(a) The 1 relating or the po tdating o:f any invoice or contract 

for the purcha e or ale o:f coal, except to con:form to a bona fide 

agreement :for the purchase or sale ent red into on the predate, is a 

violation o:f this o le. 

(h) Term of ale shall be strictly adhered to; and the payment or 

allowance of rebates, refunds credits, or unearned discount , whether 

in the form of money, or otherwise, or extending to certain pure ha er ervice or privileges not extended to all purchasers under 

lik terms and conditions, is a violation of this code. 

(i) Attempts to purchase business, or obtain information concerning a comp titor's business by gifts or bribes, are violations of this 

code. 

(j) The intentional misrepresentation of analyses and/or sizes or 

the int ntional making, causing, or permitting to be made, or publishing, o:f any :false, untrue, misleading, or deceptive statement, by 

way of advertisement, invoice, or otherwise, concerning the size, 

quality, character, nature, preparation, or origin o:f any coal, bought 

or sold, is a violation of this code. 

(k) The n1aking of, causing or permitting to be made, any :false 

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

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

financial, bu iness, or personal standing, is a violation of this code. 

(I) The unauthorized use, either in written or oral :form, o:f trademarks, trade-names, slogans, or advertising matter already adopted 

by a competitor, or deceptive approximations thereof, is a violation 

of this code. (rn) Inducing or attempting to induce, by any means or device 

what oever, a breach of contract between a competitor and his customer during the term of such contract, is a violation of this code. 

(n) The selling of goods below cost with the intent and with the 

effect of injuring a competitor and where the effect may be to substantially lessen competition or tend to create a monopoly or to 

unreasonably restrain trade, is a violation of this code. 

( o) 'Vhere the costs of executing contracts entered into in the 

wholesale coal trade prior to the enactment of the National Industrial Recovery Act are increased by the application o:f the provisions 

o:f that Act to the industry, it is equitable and promotive of the 

purposes o:f the Act that appropriate adjustments of such contracts 

to reflect such increased costs be arrived at by arbitral proceedings 

or otherwise, and the American 'Vholesale Coal Association, the 

applicant for this Code, is constituted an agency to assist in effecting 

uch adjustments. 

7. ADMINISTRATION 

(a) To effectuate further the policies of the Act, a 'V11ole ale Coal 

Incht try Conm1ittee is hereby de ignated to cooperate with the 

Admini trator as a planning and fair practice agency for the industry. This Committee shall consist of seven representative of 

the industry elected by the Board of Directors of the American 

\Vhole ale Coal Association to be approved by the Administrator, 

and three members without vote appointed by the President o:f the 

United States. The Commissioner of the A sociation shall act as 

Chairman, ex officio. This Committee shall from time to time present to the Administrator recommendations ba ed on conditions in 
4· 

their industry as they may develop from time to time which will 

tend to effectuate the operation of the provisions of this Code and 

the policy of the National Industrial Recovery Act, and it shall 

with the consent of the Administration arrange for the election of 

District Committees and define their powers. 

(b) Any Wholesaler may participate in any endeavors of the 

American Wholesale Coal Association in the preparation of any revisions of, or additions or supplements to, this code by accepting 

the proper pro-rata share of the. cost and responsibility of creating 

and administering it, either by becoming a member of the American 

Whole ale Coal A sociation or by paying to it an amount equal to 

the dues from time to time provided to be paid by a member in like 

situation of American vVholesale Coal Association. 

(c) This Committee is also set up to cooperate with the Administrator in making investigations as to the functioning and observance of any provision of this code on complaint by any person effected, and to report the same to the Admini trator. 

(d) 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 condition · impo eel by him upon hi approval 

thereof. 

(e) Such of the pro vi ions of this Code as are not required to be 

included therein by the National Industrial Recovery Act may, with 

the approval of the President, be 1nodified or eliminated a changes 

in the circumstances or experience may be indicated. It i. contemplated that frmn time to time supplementary provisions. to this Code 

or additional codes will be submitted for the approval of the President to prevent unfair competition in price and other unfair and 

destructive competitive practices and to effectuate the other purposes 

and policies of Title I of the National Industrial Recovery Act consistent with the provi ions thereof. 

(f) While this code is in effect the Constitution and Bylaws of 

the American vVhole ale Coal Association shall not be amended to 

restrict the qualifications for membership. 

(g) This Code shall become effective not later than ten days afterits approval by the President. 

AMERICAN WHOLESALE CoAL A socrATroN, 

C. S. B. WARD, President. 

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