Approved Code No. 280 Registry No. 701-11 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

I 

RETAIL SOLI1D FUEL 

INDUSTRY 

AS APPROVED ON FEBRUARY 14. 1934 

BY 

PRESIDENT ROOSEVELT 

- ~ f-.~-=-::'7.'7ii.---7 

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i 

WE DO OUR PART 

1. Executive Order 

2. Letter of Transmittal 

3. Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 
This publicntion i for sale by the Superint ndent of Documents, Government 

Printing Office, Washiugton, D.C., arnl by district offices of the Ilureau of 

Foreign and Dornesti Co mercPDISTRICT OFFICES OF 'fttE DEPARTMENT OF COMMERCE 

Atlanta, Ga. : 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. Bo ·ton, l\Ias ~·.; 1801 Cu tomllousc. Buffalo, N.Y.: Chamber of Commerce Bnilding. Charleston, S.C. : Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 rortb Wells Street. 

CleYelancl, Ohio : Chamber of Commerce. Dallas, Tex. : Chamber of Commerce Building. 

Detroit, l\licb. : 1 Pir., t National Bank Building. Houston, 'l'e:s:.: hamber of Commerce Building. 

Indianar olis, In 1. : OhamlJ r of Commer e Building. Jacksoiwille, F la. : Chamber of ommerce Building. 

Kansas City, Mo.: 1028 Baltimore A,enue. Los Angeles, alif. : 1163 South Brond\PUy. 

Loujsville, Ky.: 408 Federal Buildin°·. 

Memphis, Tenn. : 229 Feclernl Building. 

Minneapolis, l\Iinn.: 213 Federal Buildi110'. 

New Orleans, Ln. : Room 225-A, nstomll use. 

New York, N.Y.: 731:.~ Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa .: 422 ommer ial Tru ·t Building. 

Pittsburgh, Pa.: hamber of Commerce Building. 

Portland, Oreg. : 215 New Post Office Building. 

St. Louis, l\Io.: 506 Olive Street. 

San Francisco, alif. : 310 Oust rnhou ··e. Seattle, Wash . : 9 F d ral Orn Building. 
Approved Code No. 280 

CODE OF FAIR COMPETITION 

FOR THE 

RETAIL SOLID FUEL INDUSTRY 

As Approved on February 14, 1934 

EXECUTIVE ORDER 

CooE OF FAIR CouPETITION FOR THE RETAIL SoLrn FuEL INDUSTRY 

An application having been duly made, pursuant to an<l in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for my approval of a Code 

of Fair Competition for the Retail Solid Fuel Industry, and hearing having been held thereon and the Administrator ha,ing rendered his report containing an anlysi of the aid Code of Fair 

Competition together with his recommendation and findings with 

respect thereto, and the Administrator having foun l that the said 

Code of Fair Competition complies in all respects with the pertinent 

provisions of Title I of said Act and that the requirements of 

Clauses (1) and (2) of Sub ection (a) of Section 3 of the ~aid .Act 

have been met : 

NO,V, THEREFORE, I , Franklin D. Roosevelt, President of the 

United States, pursuant to the authority vested in me by Title I 

of the National Industry Recovery Act, approved June 16, 1933, and 

otherwise, do approve the report and recommendations and adopt 

the findings of the Administrator and do order that the said Code 

of Fair Competition be and it is hereby approved, subject to the 

following condition : 

Within 120 days after the e:ff 0 ctive date of this Code the Administrator shall make a report to the President showing the e:ff ect of the 

Code, and particularly the effect of the provisions of Article V 

thereof, during the period of go days following its effective date, in 

such detail as to permit the President to determine within said 120 

days whether, in order to effectuate the policy of the Act, any of 

the provisions of the Code should be modified or eliminated. The 

Code is approved with the specific reservation of the power of the 

President to make such a determination and to modify this approval 

in accordance therewith. 

ApproYal recommended: 

HUGHS. JOHNSON, 

Adm,inistrator. 

THE ,v HITE HousE, 

Febr-iw1·y 14, 1934. 

FRANKLIN D. ROOSEVELT. 

40273 °-3i6- 73- -34 (469) 
LETTER OF TRANS1\1ITTAL 

The PRESIDE..: TT, 

The TV hite H ou,se. 

SrR: The proposed Code of Fair Competition for the Retail Solid 

Fuel Indu try was submitted to the Administrator n July 26, 1933, 

by the National Retail Coal 1'1erchants Association. Th Public 

Hearing wa conductec.l in "\Va. hington, D.C., on o ·ember 13 and 

14, 1933. The Code was revised and a Reconvened Public Hearing 

was held on Decemb r 15, 1933. It wa further revi ·eel and is 

submitted in its pre ent form for approval. Every person who 

requested an appearanc was properly heard in accordance wi.th 

statutory and r gulatory r quirement . 

w AGE .L ·o HO n PRonsro_ T 

. ,1,0 ) 
471 

ment level. I t is estimated that payrolls will increase 20%. In this 

connection consideration must be given to the high labor cost in the 

production and distribution of solid fuels as compared with its chief 

competitors, liquid and gaseous fuels. 

MARKETING PROVISIONS 

The Code provides for continuous posting of service charges, 

prices, terms and conditions of sale, as well as classification of customers, by all rnen1bers of the Industry. Such schedules shall be 

inunediately filed with the Divisional Code Authority. A report of 

all sales sliowing quantities a.nd prices shall also be filed inunediately with the Divisional Code Authority. 

Further provision is made that the National Code Authority 

may notify the Divisional Code Authorities that it is their opinion 

that an emergency exists within the Industry arising from destructiYe price cutting to such an extent as to endanger the effectuation of the purpo e of the Code or of the Act. It shall then be 

the duty of ea h Divi ional Code Authority after due notice and 

full hearing to determine if ~uch an emeraency does exist within 

one or more of its local trade area~. ,vhen such an emergency is 

found to exist the hearing will be opened for pre entation of all 

matters pertaining to reasonable coc::ts in those areas. From ihe 

facts presented and all other available data, the Divi ional Code 

Authoritv will then determine for tho e areas the low.est cost of 

their smTeral products and erYice rea onably compatible with the 

maintenance of rate of pay, hour of labor, f air competition and 

other purpo es of this Code and of the Act. Such co t will include 

all item of actual co t but ·will ex lu le any item of profit or return 

on in,e ted capital. 

All such determination of rea onable o ts are ·ubject to the 

approval or disapprm-al of the Administration member on each 

Divisional Code Authority and nl o subje ·t to the right of the 

Admini trator or utional Code Authority upon review to npprove, 

disapprove or 1nodify. 

Further provision is made that it is a violation of thi · Code to 

sell below such lowe t o t a · determined abo-, e and approved. 

IlEl\IARKS 

The Retail Solirl Fuel Industry old approximately 125,000,000 

ton:3 of olid fuel in ~933 value l at approximately $1,073,000,000. 

This r epresents a decline of 281\ % below the corre pondino· sales 

of 1926. The reduction in tonnage and values since 1926 i ~lue to 

severe competition with oil and gas as well a to the general business 

depression. Thi severe competition makes any appreciable increase 

in the price of coal prohibitive. The Code as propo eel with its 

balances an<l checks is fair to the con umer, to labor and to the 

Industry. 

FINDINGS 

The Deputy Administrator in his final report to me on aid Code 

having found a herein set forth and on the basis of all the proceeding in this matter, 
472 

I find that: 

(a) Said Code i well designed to promote the poli ies and purposes of Title I of the National Industrial Recovery Act, including 

removal of ob tructions to the free flow of inter tate 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 among the trade 

groups, by inducing and 1naintaining united action of labor and 

management under adequate governmental sanctions and upervision, by eliminating unfair competitive practices, by promoting 

the fullest po sible utilization of the pre ent productive capacity of 

industries, by avoiding undue re triction of production ( except as 

1nay be temporarily required), by increasing the consumption of 

industrial and agricultural products through incr asing purchasing 

power, by reducing and relieving unemployment, by improYing 

standards of labor, and b3 othenvi e rehabilitating indu try. 

(b) The ode as ap.l?roved complies in all respects with the pertinent proYisions of said Title of said Act? includino· without limitation Subsection (a) of.Section 3, Sub ect10n (a) of Section 7, and 

Subsection (b) of Section 10 thereof; an l that the applicant as o iation is an industrial a sociation truly representative of the afor aid 

Industry; and that said a sociation impo no inequitabl re tric- tion on admi ~·ion to n~embership therein. 

( c) The ode is not designed to and will not l ermit monopoli 

or monopoli tic practices. 

( d) The Cod is not designed to and will not eliminat r oppr s 

small ent rprises and will not operate to di criminat again t them. 

( e) Those engaged in other teps of the e onorn.ic proce s have not 

been depriYed of the right to be heard prior to appro al of aid 

Code. 

It is recon men :led, therefore, that this o<le be appr v cl. 

Respectfully, 

H 

FEBRUARY 10 1934. 
CODE OF F AIR CO1\1PETITION FOR THE RETAIL SOLID 

FUEL INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are established as a Code of 

F air Competition for the Retail Solid Fuel Industry, and shall be 

binding on all the members thereof. 

ARTICLE II-DEFINITIONS 

SEOTION 1. " Solid fuel" shall mean any anthracite, semi-anthr11-

cite, bituminous, semi-bitmninous or lignite coal, briquettes, boulets, 

coke, gas-house coke, petroleum coke, petroleum carbon or any other 

manufactured or _patented fuel not sold by liquid or metered measure, and wood or wood-fuel products except charcoal. 

SECTION 2. " Retailing " shall mean the selling or selling and 

delivering of solid fuel in other than railroad cars or cargo vessel , 

subject, however, to the provisions of Article III, Section 13, of 

this Code. SECTION 3. " Wholesaling " shall mean the selling or selling and 

delivering of solid fuel in railroad cars or cargo vessels, subject, 

however, to the provisions of Article III, Section 13, of this Code. 

SECTION 4. "Retail Solid Fuel Industry" or "Industry" shall 

mean the retailing of solid fuel. 

SECTION 5. "President," "Act" and "Administrator" shall mean 

respectively the President of the United States, the National Industrial Recovery Act, and the Administrator under Title I of said Act. 

SECTION 6. 'Employee" shall 1nean anyone engaged in the Retail 

Solid Fuel Industry in any capacity receiving compensation for his 

services, irrespective of the nature or method of such compensation. 

SECTION 7. 'Employer:, shall mean anyone by whom any such 

employee is compensated or employed. 

SECTION 8. " Pqpulation," for the purpose of this Code, shall be 

determined by reference to the latest F ederal Census. 

SECTION 9. "Member of the Industry" shall include all those 

engaged in the industry, as an employer or on his own behalf. . 

SECTION 10. " Blend" shall mean a mixture of two or more kinds 

of solid fuels, sold by name or designation, the constituents and 

proportions of each and the name or designation having been duly 

registered with the Divisional Code Authority. 

SECTION 11. For the purpose of facilitating the administration of 

this Code, members of the Retail Solid Fuel Industry shall be 

described as: 

(a) An equipped retailer shall mean a person regularly engnged 

in the Retail Solid Fuel Industry who maintains properly equipped 

unloading, storage, and service facilities reasonably commensurate 

(473) 
474 

witb the nature of the busine · equipped with and using wagon or 

tru k ·cale of sufficient size and apacity and maintained in condition accurately to weigh the maximum gross load for which it is 

utilized, maintaining an office accessible to the public with a con1-

petent person on duty and who ca rries a sufficient tock of solid fuel 

at all times-for the purpose of retailing and not for his own conumption to supply the general requirements of the community; 

provi led, however, that in any r tail trade area where olid fuel 

mines, dock., coke or briqu tting plants, or whole ale yards are 

located so as to in urea continuous ·upply, a member of the indn try 

dependent upon and using such fa ilities exclu ·ively hall be in bded 

in this definition notwithstanding the fact that . u h member doe 

not maintain his own storag , loa ling an 1 cale fa il" ties provided 

his facilities conform in eYery other respect t the requirements 

abo,e. 

(b) An uneguipped r etailer shall niean all other p r on.· no·ao·ed 

in the Retail Solid Fuel Inclu. try not meeting the requir m nt · of 

an equipped retailer. 

RTICLE III-_,._ D:MIXI8TR.1TIOX 

C ck, th 

a. 
475 

other matters pertinent to the purposes of this Code as the National 

Code Authority may require. 

SECTION 5. In addition to information required to be submitted to 

the National Code Authority, there shall be furnished to government 

agencies such statistical information as the Administrator may deem 

necessary for the purposes recited in Section 3 (a) of Title I of the 

Act. Nothing in this Code shall relieve any member of the industry 

of any existing cbligation to furnish reports to government agencies. 

SECTION 6. The National Code Authority may conduct such investigations as are necessary to the discharge of its duties hereunder. 

All information obtained shall be confidential, and shall not in any 

case be disclosed in such a manner as to indicate the individual transactions of anyone subject to this Code; provided, however, that the 

National Code Authority and the Administrator shall have access to 

such information for the purpose of admini~tering this Code. 

SECTION 7. The National Code Authority may directly, or through 

duly authorized agents, hear and adjust complaints, consider proposals for changes and amendments to this Code, and make recommendations to the Administrator. ,vhen such authority has been 

delegated by this Code or by the National Code Authority to an 

agent, any of the parties at interest shall haYe the right of appeal 

to the National Code Authority or to the Administrator. 

SECTION 8. The expense of administering this Code by the National Code Authority shall be borne by those subject to this Code, 

each Divisional Code Authority or Trade Conference or Trade Association paying a proportionate share, con1.puted on a tonnage basis 

or such other base as the National Code Authority may determine 

in accordance with regulations prescribed by the National Code 

Authority subject to the disapproval of the Administrator. All 

reasonable costs, as approved by the National Code Authority, incurred in initiating, submitting, and securing the approval of this 

Code, may be assessed against members and associations within 

the industry assenting thereto. 

SECTION 9. The Retail Solid Fuel Industry shall be divided by 

the National Code Authority into such Divisions as may be necessary to the proper administration and enforcement of this Code, 

and any retail trade area of 500,000 population or more may be constituted such a Division, if the majority of the tonnage of the 

industry in such Division so elects. 

SECTION 10. For each Division there shall be established, as soon 

as possible after the effective date hereof, a Divisional Code Authority for the ad.ministration of this Code within such Division. 

It shall be comprised of not less than three voting members, all but 

one of whom shall be from the industry and that one may be from. 

within or without the industry as may be determined by each division; in addition to which the Administrator may appoint one 

non-voting member. The term of office of voting members of the 

Divisional Code Authority shall be for one year, or until their 

successors shall qualify. They shall be selected by joint action of 

all members of the industry in the Division under such rules and 

regulations as the N ationul Code Authority may provide. A full 

report of any action to create a Divisional Code Authority shall 

40273°-376-73-34-2 
476 

be mac.le to the N" ational C cle Authoritv anc.l :-.hall bet;ome effectiYe 

upon approYal by it. ~ 

ECTIOX 11. Each Divi ·ional Code Authority shall aclmini ter this 

Code in it· DiYi ·ion and ·hall have th lutie anc1 exerci e the 

pow rs whic.:h are conferre 1 upon it by thi le or ma. be d legated b3 the National ocle Autlwrity, ancl hall ha, authorit3 

to adopt appropriate rnle.- and regulations for the x rci._e of its 

function·. 

ECTION 1:2. Each Divi ·ion al ocle Authorit . ·hall appoint a 

committee to me t w·ith a ommitte of the o le uthority of an 

related inc.111 ·try and ·when o m ting to act a.~ a ordination 

Boan1 in th cletermination of dispute over the juri di tion of the 

re pectiYe oc.l Authoritie . Ea ·h committe ·hall be equal in 

number to th r .. pe tiYe committee of the relate l in ln. tr appoint d 

to th . ame Coorclinati n Boar 1. In ad lition t th memb rs 

appointeJ by the Divisiona l Col uthoriti .- a ·h Coordinati n 

Board ::-hall hav one m mber ap1 ointecl by the ... dmini. trator with 

anthorit.', to Yot in th event of a ti . 

EC'TIOX 13. ,,,. ny bu ·ines inclu led in the clefiniti n · f whol -

·alino· in rticle II, tion 3 of thi ode whi h ha be n b 

custom . ·erv cl by the R tail Solid Fuel Incln:tr in an' trade ar a 

. hall be in luded within the definition of 1

' retailino·" an 1 an 

bn.·in ss included in the definition of '' r tailing in A.rticl Ii 

ection 2. of thi Code, which ha . been b r n tom rved b th 

wholesale ·oal inclu -try in any trade area hall be indu led within 

the lefinition of "whol salino- ". Any di ~put ari ing out of th .-

proY1s10n and in vol Ying any r lated in lu ·try or indn. ·tri · f< r 

" ·hi c.:h a ode of Fair Competiti n hall xi t hall b f rthwith 

r vie, ·e<l and determined by the I rocedur . tabli ·h 1 in the la .t 

pr crcling Section provid cl that no ·uch c.let rminati n hall pr -

yent any rt>tailer doin · whole.sale busine or th 

, E 'TIOX 14. ,vhere a Tra le Conf renc or Trad _.,. ciati n c1 ,' 

not .'i -t n h an oro·anization ma, b .-tabli:h 1 or maintain 1 

" ·ithjn any Division by a voluntar}~ a. ·s cia.ti n of member. f th 

i.n<lustr~, " ·ithin any r tail tra le area th r<:>in as such ar a 

br defin 1 b , tlw DiYisional o le .Authority. 

SE "IT i' .. The ational oc1E." .... \..uthorit' , or ,\11 · Divi:ionnl 

nthorit~· :hall ha Ye p "' r t ll.' any trndl' .I!-- )c·iuti n. tra 1 · nf n•n · . or ·,rnization or 0Ton1 in th indn. try as it cl 'Ill · pr I er f r 

c·arryin()' < ut any of it actiYiti s pro,idecl for h r in. proYic1e<1 hat 

nothing he rrin .-hall reliev ~ tlw l. a ti nal dP ,. 11th rity or an. 

DiYisional m1r ... \..nthority fron1 its cluti .- or n >. pon,.ibiliti :-. 11nder 

thi-.; o l HIJ<l that any :-.ll!'h t I adP Hs.'o<'iation. tra 1 ·onf L'Pn · , 

org·a niz41tio11 or gro11p .··hnll ill nll tinw:-. h(' s11bj 'd to ;in<l ·omply 

witl1 th<> pr >,·i . ion~ (Jf tl,i.- Co<lt>. 

• 'u Tt<i .· 1 i. _,n<"h 111 ' llll)(•r of tlw ind11str\' . hnll l\lakP s11rh sworn r 

Ut l. ,,or11 l'<'IH>rt:-- to th' Di,·i.-innal ('o<h1 :\11tlwrity. p •ri Hli ·ally < r 

tl.' oft<•11 as it 111n_,, din1<·L on""" .. , lw11 rs of lab( r, tonnagr an l ,11 •h 

,,tit ' l' 1nnit<'r~ 1wrtitH'llt to tlw p11rpo ' nf thi:-- ( ode n:-. tlH .. ational 

( od1· ~\11thnrit_\' mny r '(Jit il'<'. 

, 1•:<'tw. · I,. b .. :wh 'l rad<' .\ !--~ 1H'intin11 or 'I rad(• 'onfrn,n · l ,\J'-

tit'ipc1ting dirc>dly or irnlirPdly in tlw :--c•l,,,·tio11 or ,1di,iti('. of h 

ational Crn l,, .\11th ority ,,r a ] i,·i-.;ionnl 0<I<· .\11tl10rit.,· :-. wll in -
477 

po ·e no inequitable re trictions on member. ·hip ancl hall submit to 

the Aclmfriistrator, if required, true copies of it article of association, by-laws, regulations, and any .amenclment.ci when made thereto, 

together "TT"ith such other information as to men ber hip, organization, and actiYities as is nece ·sary to effectuate the purpo es of Title 

I of the Act. 

SECTION 18. In order that the National Code Authority and Di, isional Code Authorities hall at all time be truly repre ·entatiYe of 

the indu try and in other re pects comply with the provision of 

Title I of the Act, the Administrator nrny prescribe ~·uch hearing 

· a he may deem proper ; and thereafter if he shall find th:1 t the 

National Code Authority or any Divisional Code Authority is not 

truly representative or does not in other re pect · comply with the 

provi ion of Title I of the Act, may require an appropriate modification in the method of selection of the National Code Authority 

or any DiYisional Code Authority. 

SECTION 19. The expense of administering this Code by a Divisional Code Authority shall be borne by those subject to ·uch Divisional Code Authority, each paying his proportionate . ·hare, ,Yhich 

shall be computed on a tonnage ba i · or such other ba es as the 

Divisional Code Authority may deformine, in accordance "TT"ith 

regulations prescribed by the National Code Authority :-:ubject to the 

disapproval of the Administrator. 

SECTION 20. Nothing contained in thi Code hall const.itnte the 

members of the National Code Authority or any Divi ional Code 

Authority partners for any purpose. Nor shall any member of the 

National Code Authority or of any Divisional Code Authorjt)' be 

liable in any manner to anyone for any act of any other member, 

officer, agent or employee of the Nat1onal Code Authority or of any 

Divisional Code Authority; nor shall any member of the N utional 

Code Authorit3, or of any Divi ional Code Authority, exercising 

reasonable diligence in the conduct of his du tie hereunder, be liable 

to anyone for any action or omi ion to act under this Code, except 

for his own willful misfeasance or non-feasance. 

SECTION 21. The National Code Authority shall haYe power to 

make recommendations to the Achninistrator for the coordination of 

the administration of this Code with such other codes as may be related to the Retail Solid Fuel Industry. 

SECTION 22. Any action, rule or regulation of the National Co le 

Authority, or of a Divi ional Code Authority, Tra le Conference or 

Trade Association under the Code or Title I of the Act sha ll be 

subject to review and disapproval by the Administrator. If the 

Administrator shall at any time determine that any action of a code 

authority or any agency thereof may be unfair or unjust or contrary 

to the public interest, the Administrator may require that such action 

be suspended to afford an opportunity for investigation of the merits 

of such action and further consideration bv such code authority or 

agency pending final action ,,hich shall not be effective unless· the 

Administrator approves or unlec::s he shall fail to di appro,e after 

thirty days' notice to him of intention to proceed with uch action 

in its original or modified form. 
478 

ARTICLE IV-LABOR 

SECTION 1. Employees shall have the right to organize and bargain 

collectively through representatives of their own choosing, and i::hall 

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 protection; 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 employers shall comply with the maximum hours of 

labor, minimum rates of pay, and other condition of employment, 

approved or pres ribed by the President. 

SECTION 2. \Vithin each State members of the indu try shall comply with any laws of such State imposing more stringent requirements regulating the age of employees, wage , hours of work, or 

health, welfare, or general working condition , than are impo eel by 

this Code, but in no case shall any per on under the age of 18 year 

be employed in the use of power-driven loading or unloading eciuipment or power or horse-dravvn Yehicles and provided further that 

no person under the age of 16 years shall be employed. 

SECTION 3. Employers hall not reclassify employee o as to defeat 

the purpose of the A ct. 

SECTION 4. Except as hereinafter expre ly stipulated otherwi e-

( a) No employee engaged directly in connection with unloading 

storage and delivery service shall be permitted to work more than 8 

hours per day or 40 hours per week, from lVIay 1 to Augu t 31 

inclu i ve, or for such alternate four month per year as may be ubstitu ted therefor by any Divisional Code Authority unl , durinO' 

thi period, all hours worked in excess of 8 hour per clay or in ex e . 

of 40 hours per week are paid for at the rate of time and on half. 

For the remaining 8 months of each year no emplo ee hall be permitted to work more than 8 hour per day nor mor than 4 hour 

per -week unle s time and one half i pa id for ach h ur in ex of 

8 hours per day or in exces of 4.8 hour I er week. 

(b) o lerica l employee hall b permitted to worl~ mor than 

hour p r day or 36 hour p r w ek for th p riod from Ia 1 t 

AuO'U t 31, inclu ive, or fo·r ·u h alternate four-month ' I ri p r 

y ar a · may be ub tituted theref r by any Di-vi ·ional l ... \.utl10rity unl durino· thi p rio 1 all hour work l in x . { hour~ 

I er lay or in exce . f 3G hour , p r w ek ar paid f r at th rat f 

tim an l one half. For th r maining n nth · f a h y nr no 

·l ri al em11 y e ·hall b p rmitt cl t w rk rn r than h nrs 1 r 

lay r 42 hour. p r w k unl '-'S tim an l n half i: l , id f r nch 

hour in 'X ·e . f h nr · 1 r 1a)' r in xc : · of 4 ..... h u1 .. 1 r ''° ck. 

'E ·n ~ - . Th maximum h urs fi. cl in th for rr< in · . -ti n hnll 

n t a1 pl_ t -

(a) E.· utiY an l u1 rYi. ·ory mJ 1 ye s r · iYiI rr n I ::-; than 

· - p r w k in an. i ' of 1 0, 0 1 01 ulati m r m r nn l it: r tail 

rn 1 ar a · n l .. than ,·; p r " . ,Ic in any ity, t nYn, r pl: · 

f l .-s ti an 00 0 0 an l its retail tratl<' an',l. whi ·h rnl . hall nb< 

Ir ,·ail ·with u l l ulation limit ation in rlntucky, "'"irg1111a "\Y ~t 
479 

Virginia and that portion of Tennessee lying to the east of the eastern boundary of the counties of Hardin, Decatur, Benton and 

Henry; not less than $25 per week in Alabama, North Carolina, 

South Carolina, Florida, Georgia, Louisiana, :Missi sippi, Arkansas, 

Texas and that portion of Tennessee lying to the west of the eastrrn 

boundary of the c-0unties of Hardin, Decatur, Benton and Henry. 

(b) Branch yard managers in towns of less than 15,000 population, which towns are not part of a larger retail trade area, each 

branch yard to be restricted to one branch yard manager. 

(c) Watchmen. 

( cl) Outside salesmen, provided that employees engaged in unloading: loading storage or delivery ervice shall not be classified 

as outside salesmen. 

SECTION 6. Subject to the exceptions noted in Sections 10 and 11 

of this Article, no employe shall be paid less than the following 

hourly rates of wages, whether such wages are calculated upon a 

time, piece-work, commission, or other basis: 

District I-Ne,v England Stat'es: 

Boston retail trade area ______ ___________________ ______________ 50 cents 

Outside Boston retail trade area _______________ _____ ___________ 40 cents 

District II- ew York : 

Ne,v York City retail tracl area _____ _______________ ___________ 50 ·ents 

Outside New York City retail trade area __ ___ ______ ________ 40 cents 

District III- Ne,v J ersey ----------------------------------------- 40 cents 

Delaware: ·wilmington retail trade area ______________ 35 ents 

Delaware : Remainder of State ______ __ _______________ 30 cents 

Maryl::wd: Baltimore retail trade area _______________ 35 cents 

Maryland: Remainder of State _____ __ ___ _____________ 30 cents 

District of Columbia ________________________ __ _______ 40 cents 

Eastern Pennsylva nia Cities of over 500,000 nncl their retail trnd area _____ _________ _______ ______________ 45 r nts 

Remainder of Eastern Pennsylyania ___ ___ ____________ 40 cents 

Di trict IV- Alabama-------------------------------------------- 25 cents 

North r<arolinn ___ __ __ __ ----------------------------- 25 cents South Carolina ____ __ __________ ______________________ 25 ~ents 

Georgia _____________________________________________ 25 cents 

Fiorida -------- ------------------------------------- 25 cents 

rii sissippi ------------------------------- ___________ 25 cents 

Louisiana ------------------------------------------- 25 cents 

Tennes ee (western, as defined in Sec. 5a) _______ _____ 25 cents 

Tennes ·ec ( e:1 ·tern, ns defined in Sec. 5a) ______ _______ RO cents 

Kentucky ---- --------------------------------------- 30 cents Virginia _____________________________________________ 30 cent's 

,Yest Virginia ___________________ _____________ _______ 30 cents 

Di trict V- Chicago retail tra ie area _____________________________ 50 ·ents 

Other citie over 500,000 population an l their retail 

trnde area in the following states ___________________ 40 cents 

Remainder of the following states : Illinois __ ___ __________ _______ _______ ______ ___ _____ ___ _ 3- cents 

Indiana ____________ _________________________________ 35 cents 

Th1ichigan ________________________ ___ ____ _____________ 35 cents 

Ohio ________________________________________________ 35 cents 

Wisconsu1 __________ __ ___________________ _____ _______ 35 cents 

Pennsylvania (we.tern part)------------------------- 4.0 cents 

District VI- North Dakota--------------------------------------- 35 cents 

South Dakota --------------------------------------- 35 'ent"· 

Kansas------------ --------------------------------- 35 c nts Iowa __________ ____ _______________________ __ _____ ____ 35 cents 

Minne ·otn ________________ ____ __________ ___ __________ 35 ·ents 

Missouri-------------------------------------------- 35 cent 

Nebraska_------------------------------ ______ __ _____ 35 cents Arlrnnsas _____ ________________________________ _____ _ r cents 
480 

District VIon 

a1n 

nntl 
481 

SECTION 11. Superannuated employees or tho e who are phy ·ically 

incapable of performing manual labor and office worker with le s 

than 6 months' previous offic experience shall be 1 aid not less than 

75 % of the minimun1 wages prescrib d in S ction 6, provided that 

the number of such employees at any one time shall not exceed 10% 

of the total numb 0 r of yard, office and service employees, provided, 

however, that any yard with less than ten uch employees may 

empl-0y~one such sub-minimum employee. 

SECTION 12. The weekly wages of any salesman, regardless of 

whether he be corn.pensated upon a commi~sion or salary basis or 

both, shall not, unless specifically approved in writing by the Divisional Code Authority, be less than 40 times the hourly rate provided in Section 6 of this Articl for the area specified. 

SECTION 13. The use of contractors, sub-contractors, haulers, 

truckers, or others to perform any of the funcl-ions of this industry 

is prohibited unle s the employees of such contractors, sub-contractors, haulers, truckers or other employers shall receive wages 

as high and shall be required to work hours not in excess of those 

provided for in this Code for emplo3 ees in the same classification 

of this industry: 

SECTION 14. No employer shall knowingly permit any employee 

to work for any time which, when totaled with that already performed for another employer or employers in this industry, exceeds 

the maximum permitted in this Article. 

SECTION 15. All members of the industry shall post and keep 

posted in a conspicuous place on the premises a copy of the provisions of this Code relative to Unfair Practices. maximum Ii.ours and 

the n1inimmn wages applicable to the retail' trade area in which 

the member is located, as et out in Articles IV and VI of this 

Code. 

AnTICLE V-MARKETI"N"G PR CTICES 

SECTION 1. Each member of the industry sha.11, within ten days 

after the effective date of this Code, file with the Divisional Code 

Authority a list showing the priceQ, terms and conditions of sale for 

each kind, grade, size and blend of solid fuel a1 d for each classification of customer. which such member of the industry expects to sell, 

and a list of charges for handlino· ervice ·. Such lists of prices and 

charges shall become effectiYe immediately upon the posting thereof 

by the 1nembers of the industr3 as hereinaft r provided, unless in 

contravention of other proYi ions of this Code. Listed prices and 

charges may be revised from time to time by the member of the 

industry filing them. All revisions shall be filed with the Divisional 

Code Authority and shall become effective in the same manner as in 

the case of original filing. 

SECTION 2. All price , t rms and conditions of sale shall be con- spicuously and continuou ly pos,.ed for public inspection in that portion of each member's premises, if any, where solid fuel is offered for 

sale and to which the public has free access during busine~ hour . 

Any member of the industry not maintaining premises in the retail 

trade area served by such member shall post prices, terms and conditions of sale on each vehicle. Employees on duty shall be required 

upon request to assist any person to a proper under tanding of such 
482 

posted prices, terms and conditions of sale and such applicant shall 

not be required to as ign any reason for· his desire to inspect such 

notices nor to reveal his identity. 

SECTION 3. A report of all sales, showing quantity and prices, 

shall be filed by each member of the industry with the Divisional 

Code Authority immediately. 

SECTION 4. Whenever, upon complaint or upon its own initiative 

without complaint, the National Code Authority is of the opinion 

that an emergency exists within the industry or within any retail 

trade area thereof, in that destructive price-cutting is being engaged 

in to uch an extent as to render ineffectual or seriously endanger 

the effectuation of the purposes of this Code or of the Act, the 

National Code Authority shall forthwith certify ·uch conclusion to 

the Divisional Code Authorities. 

(a) Upon receipt of such notice each Divisional Code AuthoritJ, 

after a full hearing upon notice to all known intere ted parties within 

the respective trade areas, shall determine whether or not uch an 

emergency exists within the Divi ion or within any on or more 

trade areas thereof, and in the event it appear neces ary to declare 

such an emergency to exi t, thereupon to open the hearing for presentation of all matters which may have a bearing upon costs to be 

ascertained and determine l as provided in ub- livi ·ion (b) and ( c) 

hereof. (b) In any r etail trad area of any Di, i. ion wh r ·uch em rgency has been declared to exist the Divi ·ional 1

odc uth rit) 

shall forthwith ascertain to the extent rea ·onably pru ·ticable f r 

such retail trade area the cost to members of the inclu tr of th ir 

products and services on the basi of actual co ·t ·heet: f m mb r 

of the i.ndu try within uch retail trade area and all oth r availabl 

data, for each kind grade, size an l blend of soli l fn 1 an l a ·h 

cla ification of customers within such retail trade area. 

( ) On the ba i of co t a certainecl as above, th l w t ·i 

( which shall include an allowance for all it m of a tnal o t but 

exclu iv of any 1 rnents of profit or r turn n capital) whi ·h 

shall -till in urc ithin such r tail tracl area th maintenanc f 

rate of pay, hours of labor, fair mpetition ancl oth 

of thi od and of the Act ·hall b clet rmin l b th 

o le Authority, u h figure t o b th low .-t fi ·11r _ 

compatible with th maintenanc of th puq o e h r in t f r h. 

( l) uch letermination of o t hall prornptl. b a11 r v l r 

di approv l in writing b th clmini ·trativ app int on th 

Divi · anal d nth rit an 1 ur n ar pr val ·hall c m ff ,cti · ubj t t th rio-ht f th lmini. trat r t ap[ rov 1i. a ppr w r 

m Ii y the am . 11 nch 1 t nninations f s by th DiYisionnl 

ocl A nth ritie · . ·hall f rthwith b fil cl "·ith the ~ ,lti nnl o l, 

nth rit an l th Admini trai r. 

( ) \ ·11 n it , hall b ma l to ap1 .n· cornlition~ haY 

l angc 1 th ati nal 1 uth rit: H' an iYi ·i nnl 11' ... nth rity up n it. wn initiativ r lll n th r ur. t. of any intl' l'-

. t l 1art_ ,, . hall an: ·uch <1 t rmination.· of ·ost to l r',vi" <l 

an 1 new 1 t rmin. ti ns to stablish ,(1 in th , 111 111..11111 r a 

llbov pr vi 1 l. 
483 

SECTION 5~ The selling or offering for sale of any of the products 

or services of this industry for which the costs may ·hav,e been 

determined as provided in Section 4 of this Article V, at such 

prices or upon such terms or conditions of sale that the buyer shall 

pay less therefor than such determined cost, shall be deemed an 

unfair competitive practice in violation of the requirements of this 

code. 

, SECTJiON 6. Sales und deliverie in contravention of any cost determined as provided in Section 4 of this Article V or of terms 

and conditions duly e tablished pursuant to this Code, where made 

in compliance with bona fide contracts antedating January 31, 1934, 

shall not be deemed in violation of this Code provided that a written statement showing date, price, t erms and conditions of sale and 

duration of the contract, together with the name and address of 

the buyer and point of delivery, shall have been filed with the 

Divisional Code Authority within ten days after the effective date 

of this Code. 

SECTION 7. Nothing in this Code shall be construed to prohibit 

members of the industry in a trade area from 1neeting such competition as may be duly authorized or permitted by any existing statute 

or competent authority, subject, however, to the approval of the 

Divisional Code Authority and the Aclministrabve appointee 

thereon/' 

ARTICLE VI-UNFAIR PRACTICES 

SECTION 1. The publishing of adverti ing ( whether printed, radio, 

display or of any other nature) which fails to give correct name and 

.address and which is misleading or inaccurate in any material particular (including the imitation of trade marks, trade names, slogans, 

or other n1arks of identification) or the misrepresenting of any solid 

:fuel (including, but without limitation, size, kind, grade, quality, 

quantity, origin, character, nature, analysis, or preparation) or credit 

terms, values, policies, services, or the nature or form of the business 

conducted, is a violation of this Code. 

SECTION 2. The selling, offering :for sale, adverti ing, or delivering 

of solid fuel without proper designation of such fuel, clearly to indicate its character and grade or the delivery of any kind, grade, size 

or blend of solid fuel, other than that ordered, with intent or effect 

of deceiving purchasers, is a violation of this Code. 

SECTION 3·. Failure to deliver :full weight or to leave for the customer a delivery ticket on each delivery showing the name and address of the customer, the na1ne and address of the seller, the weight 

and the kind, grade, size or blend of the fuel delivered, is a violation 

of this Code. 

SECTION 4. The delivery of more than one kind, grade, size or 

blend of solid fuel, if loaded on the sa1ne wagon or truck, or the 

loading of separate units of delivery for more than one buyer on 

the same wagon or truck, where each kind, grade, size, blend, or 

unit has not been weighed and loaded separately and the weight of 

,each such kind, grade, size or blend has not been specified on the 

delivery ticket, is a violation of this Code; provided, however, that 

t, See paragraph 3 of order apprnving this Code. 
484 

nothing herein shall be deemed to prevent the sale of solid fuel in 

closed containers or closed bags, if the name of the seller, producer 

or manufacturer, the kind, grade, size or blend, and the net contents 

of such bag or container expressed in pounds is plainly stamped or 

printed thereon or upon a tag securely attache l thereto. It is 

further provided that any Divisional Code Authority may prohibit 

the marketing of "blends" in all or any part of it Division if it 

shall so elect. 

SECTION 5. No member of the indu try shall give, permit to be 

given, or directly offer to give, anything of value for the purpose 

of influencing or rewarding the action of any employee, agent or 

representative of another in relation to the busine s of the employer 

of such employee, the principal of such agent or the represented 

party, without the knowledge of such employer, principal or party; 

provi led that this shall not prohibit free and general di tribution 

of articles commonly u ed for adverti ing except so far as uch 

articles are actually used for commercial bribery as herein a hove 

defined. 

SECTION 6. The defamation of comp titors by fal ely imputing to 

them dishonorable con luct, inability to perform contract , que bonable cr edit stan-:ling, or by other false r epresentation , or the fal e 

disparagement of the grade or quality of their goods, with the 

tend ncy and capacity to mislead or leceive pur ha er or pro pective purchaser , is a violation of this Code. 

SEOTION 7. Enticing an employee from the ervice of a ml etitor for the purpose of harassing such competitor or int rf ring 

with hi bu ines , is a violation of this Code but nothing in thi 

Section hall prevent any employee from offering his ervic o a 

competitor nor prevent any member of the inclu try from emplo3 in 

the -employee of another where th initiative in uch chano- £ 

employment is taken by the employ . 

SECTION 8. Any attempt to induce the br a ·h of an exi ~tin CY 

contract between a competitor and hi emplo ·e r cu tomer or 

source of upply, or to interfere with or ob truct th perforrnanc of 

u h contractual dutie or service i a violati n of thi ode. 

SECTION 9. Failure to show the true date on an qu tation, r] r 

ontract, delivery tick t or invoi e is a violati n f thi l . SE TION 10. The u c of lotteric , I rize , wh 1 f f rtun , or 

ther o-am of chan ·e in connecti n with th n.l f lid fu 1 

,iolation of this ode. 

E TI ... . 11. The oi.vin of premium~ tra lino· 

r other thino-s of value or Tantino- of an . p ial in lucem 

onn tion with th al of oli 1 fu I x pt b , 1 rmi 

Divi ional od uthorit i a vi lati n f thj 1 . 

ECTI .. 12. Any 1 via i n b th 11 r fr m hi I 

t rm r on lition of al r th u f an 1 lan l Yi 

, hi h may directl or in lir tJ I rmi th bu: r t 

:fu 1 at a I w r n t t t him i ~ a Yi lati n f thi 

' E Tl 13. Di rin inati n b " n pur ha. r f th am ·la.s 

o pri , t rm r n 1it.i 11 f .·• I "h h r y J r t 11 1 c1 da~siati n or t.herwi . hall b a Yi lati n f thi cl . 1 . n_ r a 1jn. tm nt all wan ]it r r fun 1 t°'iY n t 

any bu r n 1 liY ri , alr a 1y ma 1 , . y r f a c·h, nge) 

in th Io t 11 ri e i.. a Yi 1uti n f thi. 
485 

SECTION 15. Th delivery of any order at other than the po ted 

price in effect at time of deliYery i a. Yiolation of this Code, provided 

that a reasonable r eriod may be e tabli heel by any Dfrisional Code 

Authority within which an order receiYed before a price change 

may be filled at the po ted I rice in effect on the date such order 

was received. 

ARTICLE VII-1H oDIFICATION 

SECTION 1. This Code and all the provi ions thereof are expressly 

made subject to the right of the President, in accordance with the 

provisions of ubsection (b) of Section 10 of Title I of the Act, 

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

rule or regulation issued under said Act. 

SECTION 2. Thi · Code, except as to provi ~ions required by Title I 

of the Act, may be modified on the ba. i of experience or changes in 

circumstances, such modifications to be based upon application to the 

Admini trator oncl such notice and hearing as he shall specify, and 

to become effectiYe on approval of the President. 

ARTICLE VIII-MoxoPOLISTIC PnA TICES 

No provi~·ion of this Code shall be so applied as to permit monopolies or monoplistic practices, or to eli1ninate, oppress, or discriminate again t small enterprise ·. 

ARTICLE IX-EFFECTIVE DATE 

Thi Code hall become effective 0n the second Monday after its 

approval by the President. 

ApproYed Code N o. 280. 

Registry No. 701-11. 

0 
UN IVER SITY OF FLORIDA 

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