Registry No. 1411—28 
 
 NATIONAL RECOVERY ADMINISTRATION 
 
 PROPOSED CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 CARRIAGE OF PROPERTY FOR HIRE 
 
 BY MEANS OF MOTOR VEHICLES 
 
 DRAYS, AND TEAMS INDUSTRY 
 
 AS SUBMITTED ON AUGUST 31, 1933 
 
 WE DO OUR PART 
 
 
 The Code for the Carriage of Property for Hire 
 
 by Means of Motor Vehicles, Drays, and Teams 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 \ational Recovery Administration 
 
 as applying to this industry 
 
 UNITED STATES 
 
 GOVERNMENT PRINTING OFFICE 
 
 WASHINGTON : 1933 
 
 For sale by the Superintendent of Documents, Washington, D.C. -------- Price 5 cents 
 
Submitted by 
 
 AMERICAN HIGHWAY FREIGHT ASSOCIATION 
 (II) 
 
TENTATIVE CODE OF FAIR COMPETITION FOR THE 
 INDUSTRY ENGAGED IN THE CARRIAGE OF PROPERTY 
 FOR HIRE BY MEANS OF MOTOR VEHICLES, DRAYS, 
 AND TEAMS 
 
 Preamble and Pubpose 
 
 To effectuate the policy of Title I, Section 1, of the National 
 Industrial Recovery Act, during the period of the emergency, by 
 reducing and relieving unemployment, improving the standards of 
 labor, effecting reduction in unnecessarily long hours of labor, 
 eliminating unfair trade practices and establishing fair prices for 
 services so that the industry may be changed from a condition of 
 impairing its capital to the condition of stabilized earnings with 
 just and reasonable profit enabling it to establish more regular 
 employment of labor, and for the conservation and protection of 
 public highways contributing to the safety and order of traffic 
 thereon and otherwise rehabilitating the industry engaged in the 
 carriage of property by means of motor vehicles, teams, and drays 
 the following provisions are established as a Code of Fair Compe- 
 tition for such industry. 
 
 I — Defined Industry 
 
 The Industry on behalf of which this Code is filed is that which 
 consists of the carriage of property for hire by means of motor 
 vehicles, teams, and drays. Such expression " carrier of property 
 for hire " includes such carriage not alone between places in the 
 same or contiguous municipalities but additionally such carriage 
 from one community or area to another. 
 
 The expression also includes the owner of a truck or dray who 
 leases it or hires it out to another industry but who retains any 
 responsibility for the safety of the property transported, or who, 
 by any arrangement, leases or hires it for the purpose of evasion 
 of the provisions of this Code. 
 
 The expression also includes persons such as truck terminal op- 
 erators, agents, brokers, or forwarders who solicit or offer to pro- 
 cure or provide transportation of property in whole or in part by 
 motor vehicles, teams, or drays, to the extent to which such operation 
 utilizes motor vehicles, teams, or drays. 
 
 The expression also includes the owner of any such motor vehicle, 
 team, or dray who engages in the transportation of property for 
 hire and performs labor in connection therewith though he may 
 not employ anyone else in such operation. 
 
 'I'hc expression also includes any carriage of property by a mem- 
 ber of any other industry who engages in such carriage for hire 
 for others than himself, but nothing in this sentence shall be con- 
 B450 •';•': (1) 
 
strued as applying to any farmer who transports his own farm 
 products or supplies in vehicles of his own ownership and who oc- 
 casionally may accommodate a neighbor by the haulage of similar 
 goods for such neighbor; nor shall anything in this sentence apply 
 to such transportation of property by a member of any other indus- 
 try than that to which this Code otherwise applies, when such trans- 
 portation by any such member for another is from one company to 
 another under common control and management for which trans- 
 portation there is made a charge by a subsidiary to a parent com- 
 pany or vice versa; nor is anything in this sentence intended to 
 apply, nor should it be construed as applying to a member of those 
 industries engaged in the production, processing, or selling of goods, 
 wares, or merchandise engaging in the practice of making two prices, 
 one based upon origin and the other upon destination and who may 
 perform the transportation in his own vehicles for that purpose. 
 
 II — Additional Optional Coverage 
 
 In addition to the industry hereinabove described to which this 
 Code applies, the provisions in respect to labor shall apply to an 
 employer of labor engaged in another industry but who in con- 
 nection with such industry operates motor vehicles, teams, or drays 
 for the carriage of his own goods, at his option, provided that he so 
 elects by declaration to the National Recovery Administration. 
 
 Ill — Registration 
 
 All of those engaged in the defined industry shall register them- 
 selves and their operations with one or more local administrative 
 agencies of the American Highway Freight Association in each State 
 in or through which they operate as may be determined by it, and 
 such registration shall be in the form and manner provided by the 
 said American Highway Freight Association with the approval of 
 the National Recovery Administration. 
 
 IV — Rate Agreements 
 
 It shall be the privilege of any natural division of the defined 
 industry whether by territory or class of operations, to engage in 
 voluntary agreements upon rates, and rules and regulations affecting 
 rates, the machinery and method to be employed in such activity to 
 be determined by such natural division of the defined industry with 
 the approval of the Central Committee of the Industry and of the 
 National Recovery Administration. Such agreements when ap- 
 proved, shall be and become fair trade practices for such natural 
 division of the industry and shall constitute parts of this Code; 
 provided that any such agreements be not designed to (1) promote 
 monopolies, (2) to eliminate or oppress small enterprises, and (3) 
 that such agreements tend to effectuate the policy of the National 
 Industrial Recovery Act. 
 
V — Fair Trade Practices and Labor Provisions 
 
 In the attached appendices marked (1) to (4) there appeal- certain 
 provisions in respect to particular trade practices, to wage schedules, 
 
 to periods of employment, and other provisions in respect to particu- 
 lar conditions of labor. These appendices constitute the Code of 
 Fair Competition in respect to the particular matters covered thereby 
 in the respective regions and places noted on such appendices. 
 
 VI — Additional Subjects to be Provided for 
 
 The Central Committee of the Industry, subject to the limitations 
 upon the power of such Central Committee in negotiation with the 
 President of the United States through the National Recovery 
 Administration or such other agents <>r agencies as the President 
 may designate, is authorized to determine and make proper provi- 
 sions covering additional subjects. 
 
 If and when rules and regulations concerning any or all such 
 additional subjects shall be agreed upon between the Central Com- 
 mittee of the Industry and the President of the United States in 
 the manner hereinabove set forth, such rules and regulations shall 
 thereupon constitute and become a part of this Code. 
 
 VII — Mandatory Provisions 
 
 As required by section 7(a) of Title I of the National Industrial 
 Recovery Act, the following provisions are conditions of this Code : 
 (1) that employees shall have the right to organize and bargain col- 
 lectively through representatives of their own choosing and shall 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 purposes 
 of collective bargaining or other mutual aid or protections; (2) that 
 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 (3) that employers shall comply with the maxi- 
 mum hours of labor, minimum rates of pay. and other conditions 
 of employment, approved or prescribed by the President. 
 
 Nothing in this ('ode shall prevent the selection, retention, or ad- 
 vancement of employees on the basis of their individual merit, with- 
 out regard to their affiliation or nonaffiliation with any organization. 
 
 The President may. from time to time, cancel or modify any order, 
 approval, license, rule, or regulation issued under Title I of the 
 National Industrial Recovery Act. 
 
 Such of the provisions of this Code as are not required to be in- 
 cluded therein by the National Industrial Recovery Act may. with 
 the approval of the President be modified or eliminated if it appears 
 that the public needs are not being served thereby and as changes 
 in circumstances or experience may dictate. They shall remain in 
 effect uide-- and until so modified or eliminated or until the expira- 
 tion of the Ait. It is contemplated that from time to time supple- 
 mentary provisions to this Code 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, and which shall not conflict with the provisions 
 thereof. 
 
 VIII — Agency for Industry 
 
 By authority vested in the Board of Directors of the American 
 Highway Freight Association by its Constitution and By-laws, a 
 Central Committee of the industry has been constituted. This 
 Association in its relations with the President of the United States 
 or his designated agent or agents shall act through such Central 
 Committee. 
 
 IX — Administration 
 
 The American Highway Freight Association through its Board 
 of Directors shall in general administer the provisions of this Code 
 and as an aid to such administration shall appoint in each state 
 or region one or more official agencies consisting of committees, 
 organizations, or associations in said state or region which shall act 
 as the agencies of said American Highway Freight Association in 
 the enforcement and administration of the provisions of this Code, 
 and such agencies shall each have the powers delegated to it by the 
 Board of Directors. 
 
 Upon registration as provided in Article III of this Code those 
 engaged in the industry shall be subject to such assessments as shall 
 be required by the American Highway Freight Association with the 
 approval of the President of the United States or his duly authorized 
 representative or representatives, which said assessment shall be 
 sufficient to cover the expenses incident to the institution, filing, 
 securing the approval of, and administering this code, provided that 
 no such assessment shall be levied upon those who at their option 
 come under the terms hereof as to labor provisions only as designated 
 in Section II hereof. 
 
 The records of the American Highway Freight Association as to 
 information obtained from registration or otherwise and in respect 
 to any of its other affairs shall be open to inspection by the Presi- 
 dent of the United States or his duly authorized representatives. 
 
 X — Effective Date 
 
 This Code shall be and become effective on the fifteenth day next 
 following the day on which it shall be approved by the President 
 of the United States. 
 
 XI — Amendments and Substitutions 
 
 This Code may be amended at any time by the Central Commit- 
 tee of the industry on approval of the administration, either by the 
 addition of new matter with respect to matters not covered or by 
 substitution of provisions in lieu of provisions respecting matters 
 already covered. Such amendments or substitutions may be either 
 in the provisions of the basic or shell code or by way of appendices. 
 
APPENDIX NO. I 
 
 On and after the effective date of this code the following provisions as to 
 hours of labor, rates of pay, and fair-trade practices shall apply as herein 
 provided except as modified by subsequently numbered appendices. 
 
 1. The subdivisions of the industry, natural and territorial, have filed or are 
 in process of filing through the Central Committee of the industry, appendices 
 respecting hours of labor, rates of pay, and fair-trade practices which ai>- 
 pendices supersede the matters contained in this appendix number I so far as 
 the regions or natural division covered by such subsequent appendices are 
 concerned and the provisions of this appendix shall not apply to such division 
 of the industry, natural or territorial, but shall apply to all sections or divi- 
 sions of the industry for which subsequent appendices are not filed. 
 
 2. The maximum hours of labor for drivers and operators of motor vehicles, 
 and helpers, mechanics, repair men, billing and rate clerks, terminal and station 
 labor shall be forty-eight hours in any one week but in consideration of the 
 special conditions connected with this industry the maximum hours of labor 
 may exceed the maximum set forth herein for any one week provided, however, 
 that in such case the average number of hours per week for any three months 
 period shall not exceed the maximum of forty-eight hours per week — 208 hours 
 per month, and. provided, that when any employee working on the basis of 
 forty-eight hours in any one week — 208 hours in any one month, shall have 
 worked consecutively including meal periods for sixteen hours, he shall not 
 again resume work until a rest period of a minimum of eight hours has been 
 taken and provided further that an employee riding on trucks or drays will be 
 deemed in the course of employment and the time thereof is to be counted as 
 time of employment whether he is engaged in driving or other labor or not, and 
 whether the truck or dray is moving or not except that an employee in a 
 properly designated sleeping compartment shall be deemed as not on duty in 
 the operation of the vehicle. 
 
 3. Except employees primarily or wholly in managerial, supervisory or 
 executive capacities who now receive $35.00 per week or more, outside salesmen 
 or solicitors, station managers or employees on very special cases where re- 
 striction of hours would unavoidably reduce service and except those covered 
 in paragraph 2 hereof, no employee shall be caused or permitted to work for 
 more than forty hours in any one week — 174 hours per month, averaged over a 
 period of three months. 
 
 4. The provisions of this appendix regarding maximum hours may be adjusted 
 to conform with maximum hours of different competitive forms of transportation 
 agencies which are under the supervision of the Interstate Commerce Commis- 
 sinn. Public Utilities Commission and/or such governing regulatory bodies as 
 may on the effective date of this code exist. 
 
 5. No person coming under the provisions of this appendix shall pay to any 
 of the classes of employees subject to the provisions of this appendix less than 
 sixteen dollars per week unless the weekly rate for such same class of work on 
 .Inly 15, 1929, was less than $10.00 per week in which latter case he shall not 
 pay less than the weekly rate on July 15. 1929, and in no event less than $12.00 
 per week in the South and $14.00 per week in the North. This paragraph 
 establishes a guaranteed minimum rate of pay regardless of whether the 
 employee is compensated on the ha sis of a time rate or on piece work perform- 
 ance. Where employees are employed by the hour (temporary employees) the 
 minimum rate of pay of the classes of employees covered by this appendix shall 
 be not less than thirty cents per hour in the North and twenty-live cents per 
 hour in the South. 
 
 6. The provisions of this appendix as to hours and wages may he voluntarily 
 assumed by operators of motor vehicles or teams covered under other codes for 
 application to the operation of such motor vehicles or team<. 
 
APPENDIX NO. 2 TO THE CODE OF FAIR COMPETITION 
 
 SUBMITTED BY THE AMERICAN HIGHWAY FREIGHT ASSOCIATION 
 
 I — Territorial Scope 
 
 The matters and things provided in this appendix shall apply to the defined 
 industry in the states of Oregon, Washington, Idaho, Montana, and Utah. 
 
 II — Fair Trade Practices Aside from Rate Agreements 
 
 (a) A freight bill, shipping order, bill of lading, or other written memo- 
 randum will be issued at the time of the transportation of property for hire 
 or within 48 hours thereafter; such freight bills or written memoranda arc 
 to be the permanent record of the carrier. 
 
 (b) The transportation obligation in the case of any carrier shall not extend 
 beyond (he receiving and delivering of property at the sidewalk or loading level 
 of the truck or dray. 
 
 (c) If the truckman or drayman incurs the obligation to perform any other 
 service than that covered by Paragraph (b) hereof, such obligation shall be 
 separately charged for and such charges shall be uniform. Included within 
 the provisions of this paragraph is the practice of truckmen in storing prop- 
 erty either by putting the property into warehouses or other structures or 
 allowing it to remain in the trucks or drays beyond ihe time required for 
 reasonably expeditious transportation. 
 
 (d) Transportation and other charges covered by such agreements as here- 
 inabove described shall either be prepaid or be collected within a period of 72 
 hours after delivery, unless regular and formal arrangements for credit shall 
 be entered into between the truckman or drayman and his regular customers 
 for settlements, in a monthly or shorter basis, on or before the 10th of the 
 following month, such credit arrangements to be based either upon security or 
 upon an established credit rating; provided that this provision shall not extend 
 to the transportation of property for the United States or for the State, County, 
 Municipality, or other governmental bodies or agencies for whom the transpor- 
 tation shall be done. Intercarrier settlements as between connecting truckmen 
 or draymen are not within the scope of this provision. 
 
 (e) No person shall give, receive, or be a party to any secret rebate, refund, 
 credit, or unearned discount, in the foi'm of money or otherwise; nor shall he 
 give or receive premiums or extend to certain shippers any special service or 
 privilege not extended to all shippers under like terms and conditions. 
 
 (f) Secret contracts or agreements with any shippers shall not be entered 
 into by any persons, nor shall any contract be en'ered into with any shippers 
 which would in any way defeat the purpose of any part of this Code. 
 
 (g) No person shall knowingly permit or allow any shipper to bill his freight 
 at less than its actual weight or falsely describe the shipment and shall use 
 diligence to see that this method of evasion is not permitted or enjoyed. 
 
 Ill — Administration 
 
 The American Highway Freight Association as the Agency of the Industry 
 for the purpose of carrying out the provisions of the National Industrial Re- 
 covery Act shall act in its preparation and administration of rules and regu- 
 lations governing the defined industry in this territory through the Northwest 
 Regional Committee composed of one representative from each state compris- 
 ing the region, such representative to be chosen by the members of the defined 
 industry in each such state. The Northwest Regional Committee may in turn 
 delegate local administration to any or all of the several affiliate Associations 
 in the territory covered hereby. 
 
 («) 
 
IV — Rate Agreements 
 
 cii All persons operating under this Code shall install such simplified, 
 uniform system of accounting as shall be Inaugurated by the proper authority as 
 determined by the Northwest Regional Committee. 
 
 (In Rates, and practices In connection therewith, for the carriage of property 
 may be determined by trade agreements among the members of any group of the 
 defined industry, such groups to be determined by the natural divisions of the 
 industry depending upon the character of operation, the territory, or both 
 character and territory. If and when such a trade agreement is drawn by such 
 a trade group It shall be submitted to the Northwest Regional Committee who 
 shall then give written notice to all registered members of the defined industry 
 who might be affected thereby and shall hold a hearing on the submitted trade 
 agreement If the Committee shall find that the agreement is assented to by the 
 operators of seventy-five percent of the vehicles involved or doing seventy-live 
 percent of the business involved and that the proposed trade agreement dues 
 nor create a monopoly nor oppress small enterprises, it shall approve the trade 
 agreement, and when said approval is given, such trade agreement shall there- 
 upon become a part of this Code, unless within ten days of such approval, 
 more than half of those not assenting to such trade agreement, file with the 
 Northwest Regional Committee a notice of appeal, setting forth the grounds for 
 such appeal, which may be either that the said trade agreement creates a 
 monopoly or oppresses small enterprises or that the rates provided therein are 
 not just! fair, and reasonable, together with supporting evidence and written 
 argument. Upon the receipt of such an appeal, the Northwest Regional Com- 
 mittee shall notify the proponents of such rate agreement and allow a reason- 
 able time for answer. Upon the receipt of such answer with evidence and 
 argument, if any, the Northwest Regional Committee shall submit the entire 
 matter together with all documents to the nearest authorized representative of 
 the National Recovery Administration, whose decision in the matter shall be 
 binding. 
 
 (c) The Northwest Regional Committee may, on behalf of and subject to 
 the consent of the trade group affected, enter into agreements with other trans- 
 portation agencies such as the railroad companies, express companies, boat 
 companies, etc., as to practices and/or minimum rates, that may become binding 
 upon the trade group affected and form a part of this code. 
 
 V — Laror Provisions 
 
 The following provisions shall not apply to superintendents or to execu- 
 tives who receive $35.00 or more per week, nor to outside salesmen, solicitors, 
 station managers, or mechanics engaged in emergency repairs, nor shall they 
 apply to office boys, messengers, or night watchmen. 
 
 Maximum hours of employees shall b0: (a) Office and clerical employees, 
 4s hours per week: (b) Drivers and Vehicle Operators and their helpers, 
 48 hours per week: (c) All other employees. 48 hours per week. 
 
 The provision of maximum hours for drivers and vehicle operators and their 
 helpers shall be considered as fully complied with if the average number of 
 hours per week for any individual over a three months' period shall be within 
 the prescribed maximum or if a line-haul operator shall not drive ;i vehicle 
 for a distance in excess of twelve hundred miles in any one week. 
 
 Emergencies: if the foregoing maximum hours and periods of employment 
 should be exceeded In any instance by reason of an unforeseen and unavoid- 
 able e rgency, a full report thereof shall be filed with the Northwesl Regional 
 
 Committee or its designated representative local organization within ten (10) 
 
 days thereafter. 
 
 An employee riding on a truck or dray will be deemed in employment in 
 such capacity If he shall additionally perform any terminal labor and the 
 amount of such time devoted to terminal labor shall lie counted as if devoted 
 to riding on the trucks or drays. An employee riding on trucks or drays will 
 be deemed in the course of employment, anil the time thereof is td be counted 
 as time of employment whether he is engaged in driving or ether labor or 
 not and whether the truck or dray is moving or UOt, except thai an employee 
 in a properly designed sleeper cab or compartment shall be deemed as not on 
 dutv in the operation of the said truck. 
 
 Where truck- or drays are operate.] exclusively in service to an Industry 
 whose Code provides for longer hours than those in this Code, the trucks 
 or drays max be operated under the maximum provided for by the Code of 
 the Industry being served. 
 
VI — Minimum Wages 
 
 The minimum wages of employees under this Code shall be as follows : 
 
 (a) Office and Clerical Employees. 
 
 Not less than Fifteen Dollars ($15.00) per week in any city over 500,000 
 population or in the immediate trade area of such city ; nor less than Four- 
 teen Dollars ($14.00) per week in any city of between 2,500 and 250,000 popu- 
 lation, or in the immediate trade area of such city ; nor less than Twelve 
 Dollars ($12.00) per week in other territory. 
 
 (b) Drivers and vehicle operators and their helpers, 45 cents per hour. 
 
 (c) All other employees, 40 cents per hour. 
 
 These provisions do not apply to student drivers, apprentices, learners, night 
 watchmen, or janitors. 
 
 Note.- — Where any owner, partner, stockholder, or manager performs any of 
 the functions of labor except office or executive work, he shall be bound to 
 observe the maximum hours and shall be paid at least the established hourly 
 rates of pay for the classification of the labor performed. 
 
 Where any member of this industry competes with other forms of transporta- 
 tion not under a Code or whose Code provides for longer hours or less wages 
 than are provided herein, such member may adjust his hours and/or wages to 
 conform thereto without violating this Code. 
 
APPENDIX NO. 3 TO THE CODE OF FAIR COMPETITION 
 
 SUBMITTED BY THE AMERICAN HIGHWAY FREIGHT ASSOCIATION 
 
 I — Territorial Scope 
 
 The matters and things provided in this appendix shall apply to the defined 
 industry in the State of Colorado. 
 
 II — Fair Trade Practices Aside from Rate Agreements 
 
 (a) A freight bill, shipping order, bill of lading, or other written memo- 
 randum will be issued at the time of the transportation of property for hire 
 or within 48 hours thereafter; such freight bills or written memoranda are 
 to be the permanent record of the carriers. 
 
 (b) The transportation obligation in the case of any carrier shall not ex- 
 tend beyond the receiving and deliverying of property at the sidewalk or load- 
 ing level of the truck or dray. 
 
 (c) If the truckman or drayman incurs the obligation to perform any other 
 service than that covered by paragraph (b) hereof, such obligation shall be 
 separately charged for and such charges shall be uniform. Included within 
 the provisions of this paragraph is the practice of truckmen in storing prop- 
 erty either by putting the property into warehouses or other structures' or 
 allowing it to remain in the trucks or drays beyond the time required for 
 reasonable expeditious transportation. 
 
 (d) Transportation and other charges covered by such agreements as here- 
 inabove described, shall either be prepaid or be collected within a period of 
 one week after delivery, unless regular and formal arrangements for credit 
 shall be entered into between the truckman or drayman and his regular cus- 
 tomers for settlements, on a monthly or shorter basis, on or before the 10th 
 of the following month, such credit arrangements to be based either upon 
 security or upon an established credit rating, subject to approval by the Board 
 of Directors of the Colorado Federation of Commercial Carriers, provided 
 that this provision shall not extend to the transportation of property for the 
 United Stales or for the Slate. County. Municipality, or other governmental 
 bodies, or agencies for whom the transportation shall be done. Intel-carrier 
 settlement as between connecting truckmen or draymen are not within the 
 scope of this provision. 
 
 (e) No person shall udve, receive, or be a part to any secret rebate, refund, 
 credit, or unearned discount, in the form of money or otherwise; nor shall he 
 give or receive premiums or extend to certain shippers any special service or 
 privilege nor extended to all shippers under like terms anil conditions. 
 
 if) Secret contracts or agreements with any shippers shall not be entered 
 into by any persons nor shall any contract be entered into with any shippers 
 which would jn any way defeat the purpose of any part of this ('ode. 
 
 (ill No person shall knowingly permit or allow any shipper to bill his 
 freight at less than ils actual weight or falsely describe the shipment and 
 Shall use diligence to see that this method of evasion is not permitted or 
 enjoyed. 
 
 ih) When any owner, partner, stockholder, or manager performs any of the 
 functions of labor except office or executive work he shall be bound to observe 
 the maximum hours and shall be paid at least at the minimum rate id' pay tor 
 the classification of labor performed, and such sum so paid be considered as 
 an eleiin nt of his cost. 
 
 (i) It shall be a violation of this Code for any person or concern engaged 
 in the defined industry to transport any commodity for less ihan a reasonably 
 compensatory rale for the services rendered. 
 
 Ill Administration 
 
 The American Highway Freighl Association as the agency of the Industry 
 
 for the purpose of carrying 0U1 the provisions of the National Industrial Re- 
 covery Act. shall act in its preparation and administration of rules and regu- 
 lations governing the defined industry in this territory through the Board of 
 Directors of the Colorado Federation of Commercial carriers. 
 
 (9) 
 
10 
 
 IV — Rate Agreements 
 
 (a) All persons operating under this Code shall install such simplified, uni- 
 form system of accounting as shall be inaugurated by the proper authority 
 as determined by the Board of Directors of the Colorado Federation of Com- 
 mercial Carriers. 
 
 (h) Kates, and practices in connection therewith, for members of the defined 
 industry, may be determined by trade agreements among the members of any 
 group of the defined industry, such group to be determined by the natural 
 divisions of the industry, depending upon the character of operations, the 
 territory, or both territory and character. If and when such a trade agree- 
 ment is drawn by such a trade group, it shall be submitted to the Board of 
 Directors of the Colorado Federation of Commercial Carriers who shall then 
 give public notice to the members of the industry and shall hold a hearing on the 
 submitted trade agreement. After said Board shall find the agreement has 
 been consented to by a substantial majority of both the persons and vehicles 
 represented, and that the proposed trade agreement does not create a monopoly 
 or oppress small enterprises, and is designed to carry out the purpose of the 
 National Industrial Recovery Act, it shall approve such trade agreements; 
 provided, that should twenty-five percent of the members of the defined indus- 
 try in any natural division of the industry, either territorial or of character, 
 disagree with said rate agreements, a hearing shall be arranged by the Board 
 of Directors of the Colorado Federation of Commercial Carriers, at which the 
 protests may be presented, provided further, that such protests are to the point 
 that the rate agreements so protested tend to create monopoly ; oppress small 
 enterprises; or are detrimental to the purpose of the National Industrial Re- 
 covery administration. If the decision of the Board of Directors of the Colo- 
 rado Federation of Commercial Carriers is not satisfactory to a majority 
 of the group so protesting, an appeal may be taken to the nearest representative 
 of the National Recovery Administration, whose decision in the matter shall 
 be final. 
 
 V — Labor Provisions 
 
 The following provisions shall not apply to superintendents or to executives 
 who receive $35.00 or more per week, nor to outside salesmen, solicitors, and 
 night watchmen. 
 
 Maximum hours of employees shall he: (a) Office and clerical employees, 48 
 hours per week; (b) Drivers and Vehicle Operators and their helpers, 48 hours 
 per week ; ( c ) All other employees, 48 hours per week. 
 
 The provision of maximum hours for drivers and vehicle operators and their 
 helpers shall be considered as fully complied with if the average number of 
 hours per week for any individual over a two months' period shall be within 
 the prescribed maximum. 
 
 An owner, operator, or employee shall not drive a truck or dray more than 
 ten (10) consecutive hours; nor shall he drive more than twelve (12) hours in 
 any twenty-four-hour (24 hr.) period. 
 
 Emergencies. — If the foregoing maximum hours and period of employment 
 should be exceeded in any instance by reason of an unforeseen and unavoidable 
 emergency, a full report thereof shall be filed with the Colorado Federation of 
 Commercial Carriers within ten (10) days thereafter. 
 
 An employee riding on a truck or dray will be deemed in employment in 
 such capacity while additionally performing any terminal labor and the amount 
 of such time devoted to terminal labor shall be counted as if devoted to riding 
 on the trucks or drays. 
 
 VI — Minimum Wages 
 
 The minimum wages of employees under this Code shall be as follows : 
 
 (a) Office and Clerical Employees, 350 per hour. 
 
 lb) Drivers and Vehicle operators and their helpers, 350 per hour. 
 
 (c) All other employees, 350 per hour. 
 
 For employees regularly employed, compensation shall not be less than the 
 sum of Fourteen Dollars ($14.00) for any one week. This provision shall not 
 apply to employees hired for extra, special, or emergency services. 
 
 These provisions do not apply to student drivers, apprentices, learners, night 
 watchmen, or janitors. 
 
APPENDIX NO. 4 TO THE CODE OF FAIR COMPETITION 
 
 SUBMITTED BY THE AMERICAN HIGHWAY FREIGHT ASSOCIATION 
 I — Territorial Scofi 
 
 The matters and things provided in this appendix shall apply in the defined 
 
 industry in the States of Maine. Vermont, Rhode Island. New Hampshire 
 Connecticut, and Massachusetts. 
 
 II — Fair Trade Practices Aside from Rate Agreemknts 
 
 A. It shall he an unfair method of competition to transport property at less 
 than reasonably compensatory rates and charges, except for a recognized char- 
 itable organization, and it shall be further deemed unfair competition for the 
 owner-operator of a motor truck, dray or team who shall not include in his 
 element of rest, such sum for his own services as would correspond to The 
 standard wage for like service of an employee doing similar things, if such 
 things were done by an employee coming within the scope of the code. 
 
 B. It shall also be an unfair method of competition for employees of railroads. 
 steamship lines, forwarding companies, carloading companies, and Railway 
 Express Agencies to solicit business for transportation by motor truck, dray. 
 or team operated directly or indirectly by any railroads, steamship lines, for- 
 warding companies, carloading companies. Railway Express Agencies, or by any 
 subsidiary thereof wherein the element of cost for such solicitation is not 
 included in the cost of such transportation. 
 
 C. There shall be no rebates or concessions granted to shippers, nor by any 
 other means or devices shall transportation or service be rendered at less than 
 reasonably compensatory rates or charges. 
 
 1 >. (1) The owner or operator of motor trucks, drays, or teams who per- 
 forms any transportation service whatsoever, shall use every effort consistent 
 with good business practice to collect within thirty (30) days for all charges 
 for service performed. 
 
 (2) The owner or operator of motor trucks, drays, or teams shall use every 
 effort consistent with good business practice to collect within seventy-two (72) 
 hours all money expended by the owner or operator of motor trucks, drays. 
 ox beams for the payment of advance charges, purchase of articles, and any 
 other expenditures outside of his own transportation charges. 
 
 E. Settlement between connecting carriers for their charges shall he made 
 on a cash basis or under suitable credit arrangement between the carrier-, but 
 in iki case is SUCh credit to exceed a thirty (30) day period. 
 
 F. That the transportation obligation shall consist of the receiving of prop- 
 
 ert.\ :it the usual or agreed place of shipping of such property, its transporta- 
 tion to destination, and its delivery at the usual or agreed place el' the con- 
 signee. That the packing, crating, unpacking or uncrating, or other incidental 
 service. Including toll charges, shall not be deemed to be a part of the trans- 
 portation service except at an additional charge, such charge to be determined 
 by an agreement between the owner and/or operator and/or receiver or shipper, 
 and if such additional service is agreed upon, in no case shall such additional 
 
 service he rendered at less than cost plus ;i reasonable profit. 
 
 ,; '' anal! be a violation of this code for any carrier for hire to unjustly 
 discriminate between persons for like services rendered, or to unjustly dis- 
 criminate in the rates or charges for like service between persons, ox to show 
 undue prejudice a- between localities. 
 
 H. That the violation ( ,r any provision of this code, or any rule or regulation 
 issued under authority of this code by any carrier, is hereby declared to he 
 an unfair method of competition. 
 
 (11) 
 
12 
 
 I. It shall be an unfair method or practice of competition for any owner or 
 operator and/or employee to load any motor vehicle in excess cf the pay-load 
 weight granted by the state or states in which the vehicle is registered, except 
 where it shall be impossible in emergencies to break down certain com- 
 modities and/or combinations into smaller units than that of an original unit 
 which may exceed in weight that allowed legally under the registered pay- 
 load capacity of any vehicle so legally registered, and this latter condition to 
 be allowed only after regularly obtaining a permit from the registraT of motor 
 vehicles or such duly authorized officer of the state in which the vehicle is 
 owned and/or where the operation is to be performed to move the combina- 
 tion weighing in excess of the registered capacity of the truck. 
 
 Ill — Administration 
 
 The American Highway Freight Association as the agency of the industry 
 for the purpose of carrying out the provisions of the National Recovery Act 
 shall act in its preparation and administration of rules and regulations gov- 
 erning the defined industry in this territory through the Regional Committee 
 composed of one representative from each state comprising the region, being 
 the states of Maine, Vermont, Rhode Island, New Hampshire, Connecticut, and 
 Massachusetts, such regional committee to be chosen one by the members of 
 the defined industry in each of such states. 
 
 IV— Contracts 
 
 Where the costs of executing contracts entered into prior to the approval 
 of this code are increased by the application of this code under the National 
 Industrial Recovery Act, it is equitable and promotive of the purposes of the 
 Act that an increased adjustment of such contracts be made to reflect reason- 
 ably compensatory rates. 
 
 V — Labor Provisions 
 
 The maximum hours of labor shall be : 
 
 Clerical employees. — Forty-five (45) hours per week (maximum). 
 
 Other employees whose duties are confined to terminal operations, rate 
 clerks, billing clerks, terminals, shops, motor trucks, drays, teams, and stables. 
 
 Fifty-two (52) hours per week (maximum). 
 
 These provisions as to hours of service of employees shall not apply to 
 executives, managers, superintendents, and foremen, except that they will 
 apply to owner-operators of any motor trucks, drays, or teams having a legal 
 or beneficiary title thereto. 
 
 Exceptions to maximum of fifty-two (52) hours are contingent upon 
 emergencies and acts of God. 
 
 VI — Minimum Wages 
 
 The minimum wages shall be as follows : 
 
 Clerical. — In any city or town of between 2,500 and 250,000 population, or 
 in the immediate trade area of such city or town, not less than fourteen 
 ($14.00) per week (minimum). 
 
 In any city of between 250,000 and 500,000 population, or in the immediate 
 trade area of such city, not less than fourteen dollars and fifty cents ($14.50) 
 per week (minimum). 
 
 In any city of over 500.000 population, not less than fifteen ($15.00) dollars 
 per week ( minimum ) . 
 
 Drivers of motor trucks, drays, or teams. — Forty (40) cents per hour 
 (minimum). 
 
 Mohanics. — Fifty (50) cents per hour (minimum). 
 
 Mechanic's helpers. — Forty (40) cents per hour (minimum). 
 
 Motor truck, dray, or team helper. — Thirty-five (35) cents per hour 
 (minimum). 
 
 Terminal helpers. — Thirty-five (35) cents per hour (minimum). 
 
 Stable helpers. — Thirty-five (35) cents per hour (minimum). 
 
 Watchmen. — Thirty-live (35) cents per hour (minimum). 
 
 Other physical help. — Not less than thirty-five (35) cents per hour 
 < minimum ) . 
 
13 
 
 Hhnergenciet. — In the event of an unforeseen emergency which requires 
 employees (except clerical) to perform services that will exceed the maximum 
 of fifty-two (52) hours, such employees performing such emergency services 
 will be compensated at the base rate plus one-third (%) of base rate for addi- 
 tional time over and above the fifty-two (52) hours. Overtime rate starts 
 upon the completion of the fifty-two (52) hours, and is not to be computed as 
 overtime in any one twenty-four (24) hour day. 
 
 Where any owner, partner, stockholder, or manager perforins any of the 
 functions of labor except office and executive work he shall be bound to ob- 
 serve the maximum hours and shall be paid at least the established hourly 
 rates of pay for classification of the labor performed. 
 
 VII — Future Activities 
 
 It is contemplated that from time to time supplementary or substitute pro- 
 visions to this appendix will be submitted for the approval of the President 
 of the United States to prevent unfair competition in rates or charges and 
 other unfair or destructive practices and to effectuate the other purposes and 
 policies of Title I of the National Industrial Recovery Act. 
 
 This appendix or any of its provisions may be canceled or modified and any 
 approved rule shall be ineffective to the extent necessary to conform to action 
 by the President of the United States, or his administrator. 
 
 VIII — Effective Date 
 
 This appendix shall become effective on the 15th day next following the day 
 on which it is approved by the President of the United States. 
 
 o 
 
UNIVERSITY OF FLORIDA 
 
 3 1262 08855 8522