Registry No. 1417—12 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE ATLANTIC COAST COAL DOCK OPERATING INDUSTRY AS SUBMITTED ON AUGUST 11, 1933 WE DO OUR PART DOCUMENTS DEPT. ! — ~ r U.S. DE? The Code for the Atlantic Coast Coal Dock Operating Industry in its present form merely reflects the proposal of the above-mentioned industry, and none of the provisions contained therein are to be regarded as having received the approval of the National Recovery Administration as applying to this industry UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1933 For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents Submitted by ATLANTIC COAST COAL DOCK OPERATORS ASSOCIATION (ii) CODE OF FAIR COMPETITION FILED BY ATLANTIC COAST COAL DOCK OPERATORS ASSOCIATION August 11, 1933 To effectuate the policy of Title I of the National Industrial Recovery Act, during the period of emergency and because of said Act, the members of the Atlantic Coast Coal Dock Operators Asso- ciation, establish the following provisions as a Code of Fair Com- petition for this branch of the coal industry. I — Purpose It is the declared purpose of the Atlantic Coast Coal Dock Operators Association and of the adherents to this Code, to reduce and relieve unemployment; improve the standards of labor; to increase the purchasing power of its employees; to provide regula- tions for the distribution of coal that will be fair and equitable to the employee, consuming public, and to this branch of the coal industry. II — Definitions The Atlantic Coast Coal Dock Operators Association, as used herein, shall include persons operating coal handling plants and/or engaged in the sale and/or physical handling of solid fuel from vessels in all Atlantic tidewater ports. The term " employees ", as used herein, shall include all persons employed in the conduct of the coal business in this branch of the coal industry. The term " persons " shall include natural persons, partnerships, associations, trusts, and corporations. The term " effective date ", as used herein, is defined to be Sep- tember 1, 1933, or if this Code shall not have been approved by the President fourteen days prior thereto, then fourteen days after such approval. The term " solid fuel ", as used herein, includes Anthracite, Bitumi- nous or Semi-Bituminous Coal, Gas Coal, Coke, Ovoids, Briquettes, Petroleum Coke, and any mixture or combination of the foregoing. Ill — Labor A. On and after the effective date, the minimum wage that shall be paid by the signatories hereto to any of their Dock employees shall be at the rate of 40 cents per hour, except for transient employees en- gaged in trimming coal from and in vessels in the process of unload- ing steamers or barges, and these employees shall be paid not less 9154—33 (1) than 50 cents per hour. Office employees shall be paid not less than a minimum rate of 35 cents per hour. B. On and after the effective date, employers in this branch of the coal industry shall not operate on a schedule of hours for their employees in excess of an average of 40 hours per week in each calen- dar year, except as for exemptions allowed as follows: watchmen, firemen, weighmasters, engineers, stevedores, and repair crews, also executives and supervisory employees or skilled office employees, drawing $35.00 or more per week, and except as required to comply with bona fide agreements already made with a labor organization. Provided, however, that hourly rates of pay shall not be less than the minimum hourly rates herein provided. C. On and after the effective date, employers in this branch of the coal industry shall not employ any minor under the age of 16 years. D. For the purpose of keeping the President informed as to the observance or nonobservance of this Code of Fair Competition, and as to whether this branch of the coal industry is proceeding to effectu- ate the declared policy of the National Industrial Recovery Act, each person engaged in this branch of the coal industry will furnish duly certified reports in such form as may be provided, giving returns every four weeks showing actual hours worked by the various occupa- tional groups of employees and minimum rates of pay. The Atlantic Coast Coal Dock Operators Association, 31 Weybosset Street. Provi- dence, R.I., is constituted the agency to collect and receive such reports. IV — Planning To further effectuate the policies of this Act, the Atlantic Coast Coal Dock Operators Association, the applicant, herein, or such successor committee or committees as may hereafter be constituted by the adherents of the industry, is set up to cooperate with the Ad- ministrator as a planning and fair practice Agency for this branch of the coal industry. Such agency may from time to time present to the Administrator recommendations based on conditions in the indus- try as may develop from time to time which will tend to effectuate the operation of the provisions of the code and the policy of the National Industrial Recovery Act, and in particular along the following lines : 1. Recommendations as to the requirements of the Administrator of such further reports from persons engaged in the coal industry of this district of statistical information and keeping of uniform or such detailed accounts as may be required to secure the proper observance of the code and promote the proper application of divi- sion of costs to the respective types of services performed. 2. Recommendations for the requirement of registration by per- sons engaged in this branch of the coal industry. 3. Recommendations for changes in, or exemptions from, the pro- visions of this code as to the working hours of labor in cases of seasonal or other emergency conditions to preserve a balance of distributive activity with consumption requirements, so that the interests of the public and productive enterprises may be properly served. 4. Recommendations for the making of requirements by the Ad- ministrator as to practices by persons engaged in this branch of the coal industry as to the methods and conditions of trading, the naming and reporting of prices which may be appropriate to avoid discrimination, to prevent and eliminate unfair and destructive com- petitive prices and practices. 5. Recommendations for dealing with any inequalites that may otherwse arise to endanger the stability of this part of the coal industry and of distribution and employment. Such recommendations, when approved by the Administrator, shall have the same force and effect as any other provisions of this Code. Such Agency is also set up to cooperate with the Administrator in making investigations as to the functioning and observance of any of the provisions of this Code, at its own instance, or on com- plaint by any person effected, and to report the same to the Admin- istrator. V — Contracts Where the costs of executing contracts entered into by the signa- tories hereunder prior to the presentation to Congress of the Na- tional Industrial Recovery Act are increased by the application of the provisions of that Act to the industry, it is equitable and promo- tive of the purposes of the Act that appropriate adjustments of such contracts to reflect such increased costs to be arrived at by arbitral proceedings or otherwise, and the Atlantic Coast Coal Dock Operators' Association, the applicant for this Code, is constituted an Agency to assist in effecting such adjustments. VI — Conditions of Employment Employers in the Atlantic Coast Coal Dock Operators Associa- tion shall comply with the requirements of the National Industrial Recovery Act as follows: "(1) That employees shall have the right to organize and bargain collectively 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 purpose of collective bargaining or other mutual aid or protection; (2) that no employee and no one seeking employ- ment 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 maximum hours of labor, minimum rates of pay, and other conditions of employment, approved or prescribed by the President." VII — Cancellation or Modification This code and all the provisions thereof are expressly made sub- ject to the right of the President, in accordance with the provision of Clause 10 (b) of the National Industrial Recovery Act, from time to time to cancel or modify any order, approval, license, rule, or regulation, issued under Title 1 of said Act, and specifically to the right of the President to cancel or modify his approval of this Code or any conditions imposed by him upon his approval thereof. VIII — Amendments Such of the provisions of this Code as are not required to be included therein by the National Industrial Recovery Act may, with the approval of the President, be modified or eliminated as changes in circumstances or experience may indicate. It is contemplated that from time to time supplementary provisions to this Code or addi- tional codes will be submitted for the approval of the President to prevent unfair competition in price and other unfair and destructive competitive practices and to effecuate the other purposes and policies of Title 1 of the National Industrial Recovery Act consistent with the provisions hereof IX — General Nothing in this Code is designed to promote a monopoly, or to eliminate or oppress small operators. X — Termination This Code shall continue in effect as to this association for six months, and thereafter unless terminated at the end of said six months, or at some later date, by thirty days' notice in writing to the Administrator of the Act by this Association, of its intention so to do, the date of termination to be set forth in such notice; and it shall terminate in any event upon the expiration of two years from June 16, 1933, or sooner if the President shall, by proclamation, or the Congress shall, by joint resolution, declare that the emergency recog- nized by Section 1 of Title 1 of the National Industrial Recovery Act has ended. Respectfully submitted. Atlantic Coast Coal Dock Operators Association, By Fletcher P. Burton, Chairman of the Code Committee. O UNIVERSITY OF FLORIDA 3 1262 08855 5858