Approved Code No. 9-Amendment No. 6 Registry No. 313-1-06 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

LUMBER AND 

TIMBER PRODUCTS INDUSTRY 

AS APPROVED ON MARCH 30, 1934 

WE DO OUR PART 

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UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved Code No. 9-Amendment No. 6 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR TI-IE 

LUMBER AND TIMBER PRODUCTS INDUSTRY 

As Approved on March 30, 1934 

ORDER 

APPROVI:N'G AMENDMENTS OF CoDE OF FAIR CoMPETITION FOR THE 

LUMBER AND TIMBER PRODUCTS INDUSTRY 

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 16th, 1933, for approval of amendments to the Code of Fair Competition for the Lumber and Timber 

Products Industries, and hearing having been held thereon and the 

annexed report on said amendments, containing findings with respect 

thereto having been made and directed to the President; 

NOW, 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 Executive Order number 6543-A, dated December 

30th, 1933, and otherwise, do hereby incorporate by reference said 

annexed report and do find that said amendments and the Cod·e 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 do hereby order that said amendments 

be and are hereby approved, and that the previous approval of said 

Code is hereby modified to include an approval of said Code in its 

entirety, as amended; provided that: 

1. This approval and said amendments shall not become effective 

for a period of fifteen (15) days after the date hereof, in order that 

consideration may be given the objections thereto, if any, of interested parties; at the expiration of such period this Order shall become effective unless I, by my further order, otherwise determine. 

2. vVithin ninety (90) days after the date hereof, the Railway 

Tie Association and the Lumber Code Authority shall make further 

study and investigation with a view to determining whether the constitution of the Coordinating Committee and the Subdivision Administrative Agencies of the Railroad Cross Tie Division are truly representative of the Railroad Cross Tie Division in the respective 

Districts and shall report to me the results of such studies and such 

other information as I may request prior to the expiration of such 

ninety day period; and 

50217°-425-186-34 (1) 
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H-c H . J OHX ... -• 

Adm.in,ist,·ator For Industrial R co2 r,ry. 

Approval rec mended: 

A. R. GLA Y, 

Division Admin' trator. 

WA IDNGTON, D.C., 

March 30, 1934. 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: On August 19, 1934, you approved a Code 0£ Fair Competition for the Lumber and Timber Products Indu,stries. 

This is a report on a Hearing on Amendments No. 38, 39, 40 and 

41 to that Code, conducted in the Oak Room 0£ the Raleigh Hotel, 

on February 2, 1934. The Amendments contemplate the establishment of a Railroad Cross Tie Di vision of the Lumber and Timber 

Products Code, and were presented by representatives 0£ the cross 

tie industry said to repre,sent fifty percent of the volume of wooden 

railroad cross ties manufactured and distributed in the United 

States. 

In 1928 approximately 53,000 workers were employed in the railroad cross tie industry and the sales for that year were estimated at 

85,000,000 ties. In 1933 the production was estimated at 40,000,000 

ties and only 30,000 men were employed in the production proce,sses. 

Accurate information concerning the minimum wages now paid in 

the industry is missing, but the evidence indicates that minimum 

wage scales have been decreased to a level insufficient to maintain 

decent standards of living. The Amendments correlate the wages 

and hours of those employed in the cros,s tie industry with those who 

are engaged in similar occupations now under the jurisdiction of the 

Lumber and Timber Products Code. The Amendments will also 

make subject to the conservation provisions of the Lumber and Timber Products Code many wood lots that are now exempt. The administrative agencies for this Division are organized in accordance 

with geographical and specie divisions. 

The Deputy Administrator in his final report to me on said 

Amendments to said Code having found as herein set forth and on 

the basis of all the proceedings in this matter; 

I find that: 

(a) The Amendments 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 

obstructions to the free flow of interstate 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 trade groups, by inducing and 

maintaining united action of labor and management under adequate 

governmental sanction and supervision, by eliminating unf air com- petitive practices, by promoting the fullest possible utilization of 

the present productive capacity of industries, by avoiding undue 

restrictions of production ( except as may be tempor arily required), 

by increasing the consumption of industrial and agricultural products 

through increasing purchasing power, by reducing and relieving 

(3) 
4 

un mplo ment by impro ino- :tandarcl f labor, and b otherwi e 

rehabilitating indu ry. 

(b) Th m ndn ent and the ode a amen l d are n t designed 

to and will 11 t permit mon poli or monopoli tic pra ti e . 

( c) The m n lment and the ode a amended are not de igned 

t and will n t liminat or oppr · . mall ent rpri e and will n t 

op rate to di riminate again t th m. 

( d) Tho e no-ao·ed in oth r t p of the economic process ha,·e 

not been depriY d of the rio-ht to be h ard prior to approval of 

aid Amendm nt . ( e) The vi l nee intended to how that the repre entatives of 

the indu tr ·ubmitting the Amendments and the admini tratiYe 

agencie e tabli bed by the An1endments are trul r pre ntatiYe of 

the manufacture of wooden railroad cro tie i not conclu ive and a 

final determination cannot be made until additional stati tic.al data 

i collected. 

For these rea ons the Amendments have been approv cl for a trial 

period of one hundred twenty da rs, during which time the industry 

shall submit to me such reports and information as I may reque t in 

order to obtain facts and evidence from which a final determination 

of the representative character of the admini tratiYe agencies 

established by these Amendments can be made. 

Respectfully, 

HuGH S. JoH soN, 

A dmiwisflrator. 

MARCH 30, 1934. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE LUMBER AND TIMBER PRODUCTS INDUSTRY 

AMENDl\IENT NUMBER 38 : In Article VII, Subsection ( d) at the 

end of the paragraph headed "Western Pine " after the line " South 

of 38 deg. North latitude ______ 24 ", add the following: 

"Railroad Cross Tie ______ The minimum wage in this Division 

shall be not less than that hereinabove specified for employees in 

other Divisions and Subdivisions of this Code in the same region or 

locality performing work similar to that performed by employees in 

this Division." 

AMENDMENT NUMBER 39: In Schedule A at the end of Section 38, 

add the following new Subsection: 

" 39. RAILROAD CRoss Tm DIVISION 

" Division-( Article II ( c) ) : The Railroad Cross Tie Di vision 

consists of manufacturers and distributors of railroad cross ties. 

" Products-( Article II (a) ) : Railroad cross ties of all species of 

wood, either sawed or hewn, but excepting the preservative treatment 

of railroad cross ties. 

"AdministraJtive Agencies-(Article III) : 

" (a) Subdivisions.-The Railroad Cross Tie Division shall be 

composed of the following subdivisions: 

"District No. 1. Northeastern Subdivision, which includes the 

States of Maine, Vermont, New Hampshire, Massachusetts, Connecticut, Rhode Island, New Jersey, New York, Delaware and 

Pennsy 1 vania. 

"District No. 2. North Central Subdivision, which includes the 

States of Indiana, Ohio and Illinois. 

"District No. 3. Appalachian Subdivision, which includes the 

States of Maryland #1, Virginia #1, West Virginia, North 

Carolina #1, Kentucky #1, South Carolina #1, Tennessee #1 and 

Georgia #1. 

"District No. 4. Northern Subdivision, which includes the States 

of Michigan, vVisconsin, Minnesota, North Dakota, Nebraska and 

Iowa. 

"District No. 5. Southern Subdivision, which includes the States 

of Arkansas, Missouri, Oklahoma, Maryland, #1, Virginia #1, 

Texas, Georgia #1, Florida, North Carolina #1 Kentucky #1, Alabama, Louisiana, Mississippi, Kansas, South Carolina #1 and 

Tennessee #1. 

"District No. 6. Western Subdivision, which includes the States 

of Idaho, Montana, Wyoming, Utah, Colorado, Nevada, New Mexico 

and Arizona. 

"District No. 7. West Coast Subdivision, which includes the 

States of vy ashington, Oregon and California. -

(5) 
G 

" .... ~ OTE #1.- tates de. iunated #1 ar in two Di tricts. Group 3 

includes Appalachian Territory and roup 5 in lud outh rn 

Hardwood Sub 1ivision a d fine l in thi ode. 

' (b) ubdivi ion Adm,ini.strati1.•e Agenci s.-The ub li ision dmini trative a n ie in the re pecti e ubdivi ion for ach Dj -trict 

shall consi t of a committee of thr e (3) m mber in Di tri ts nrunber 1 2, 4, 6, and 7, and a committee of six ( 6) memb r in Di trict, 

number 3 and 5. In Distri ts number 1, 2 4 and 6, on m mber of 

each committee shall b elected by members of th Railway Tie 

'A ociation in ea h uch Di trict; two members shall be 1 cted by 

n1anufacturers and di tributor of railroad cro tie in each ·uch 

District who are not members of the Railwa Tie sociation: such 

elections to be conducted within twenty da · after the effectfre date 

hereof by the appropriate division or subdivision agen y or agencies of the Lumber Code Authority in the ame region or locality provided that: 

(1) In Districts numb€r 3 and 5 the Subdivision Admini trati e 

Agencies shall consist of six (6) members, four of whom shall be 

selected by the members of the Railway Tie Association in each 

Di trict, and two of whom shall be elected by manufacturers and 

distributors of railroad cross ties in each District who are not members of the Railway Tie Association; such elections to be conducted 

within twenty days after the effective date hereof by the appropriate 

Division or Subdivision Agency of the Authority in the same region 

or locality; 

" (2) The Subdivision Administrative Agency in District number 7 shall consist of three ( 3) members, all of whom shall be elected 

by manufacturers and distributors of railroad cross ties in that District who are not members of the Railway Tie Association; such 

election to be conducted within twenty days after the effective date 

hereof by the appropriate Division or Subdivision Agencie of the 

Authority in the same region or locality; 

" ( c) Railroad Oross Tie Coordinating Oommittee.-A Railroad 

Cross Tie Coordinating Committee shall be established by the above 

Subdivision Administrative Agencies as follows: 

"Six (6) members of the Coordinating Committee shall be elected 

by £air and reasonable methods by manufacturers and distributors 

of railroad cross ties in Districts number 3 and 5, five of whom shall 

be members of the Railway Tie Association and one of whom· shall 

be a non-member of the Railway Tie Association; one member hall 

be selected by the Administrative Agency for the District number 7; 

one member shall be selected by the Administrative Agenc for 

District number 1 i 2 members shall be selected by the Administrative 

Agency for District number 6, one of whom shall be a member of 

the Railway Tie Association and one of whom shall be a non-member 

of the Railway Tie Association; and the Administrative Agencies 

of Districts number 2 and 4 shall jointly select one member who shall 

be a non-member of the Railway Tie Association. 

" ( d) The Coordinating Committee is authorized to make such 

rules and regulations as may be necessary to administer the Code in 

this Division and may designate and authorjze uch ag ncies as may 

be neces ary for thi purpose. 
7 

" ( e) The provisions of Articles VIII and IX of this Code shall 

not be operative with respect to any subdivision of this Division 

until such time as the Administrative Agency for that subdivision 

shall have made application to and secured the approval of the 

Authority. Until such time as the Coordinating Committee is duly 

organized an application for the operation of Articles VIII and IX 

may be made by the subdivision Administrative Agency direct to 

the Authority." 

AMENDMENT No. 40 : In Article XVI add : 

" Subsection ( d). The provisions of Schedule B shall be inoperative -with respect to the Railroad Cross Tie Division until such 

time as the Coordinating Committee of that Division shall submit 

and secure the approval of appropriate rules of :fair trade practice 

for that Division." 

AMENDMENT No. 41: In Schedule A, in the section headed" Hardwood Division", in the paragraph defining "Products", strike out 

"sawn ties." 

Approved Code No. 9--Amendment No. 6. 

Registry No. 313-1----00. 

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