Public Law 403.
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/statutes-at-large/vol-49/public-law-403·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(/us/pl/74/402).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That it is herebyBituminous Coal Conservation Act of 1935.Declaration of necessity for regulation of bituminous coal industry. recognized and declared that the mining of bituminous coal and its distribution by the producers thereof in and throughout the United States are affected with a national public interest; that the service of bituminous coal in relation to the industrial activities, the transportation facilities, the health and comfort of the people of the United States; the conservation of bituminous coal deposits in the United States by controlled production and economical mining and marketing; the maintenance of just and rational relations between the public, owners, producers, and employees; the right of the public to constant and ample supplies of coal at reasonable prices; and the general welfare of the Nation require that the bituminous coal industry be regulated as herein provided. 992 It is further recognized and declared that all production of bituminous coal and distribution by the producers thereof bear upon and directly affect its interstate commerce and render regulation of all such production and distribution imperative for the protection of such commerce and the national public service of bituminous coal and the normal governmental revenues derivable from such industry; that the excessive facilities for the production of bituminous coal and the overexpansion of the industry have led to practices and methods of production, distribution, and marketing of such coal that waste such coal resources of the Nation, disorganize the interstate commerce in such coal and portend the destruction of the industry itself, and burden and obstruct the interstate commerce in such coal, to the end that control of such production and regulation of the prices realized by the producers thereof are necessary to promote its interstate commerce, remove burdens and obstructions therefrom, and protect the national public interest therein; that practices prevailing in the production of bituminous coal directly affect its interstate commerce and require regulation for the protection of that commerce, and that the right of mine workers to organize and collectively bargain for wages, hours of labor, and conditions of employment should be guaranteed in order to prevent constant wage cutting and the establishment of disparate labor costs detrimental to fair competition in the interstate marketing of bituminous coal, and in order to avoid those obstructions to its interstate commerce that recur in the industrial disputes over labor relations at the mines.
National Bituminous Coal Commissionnational bituminous coal commission Sec. 2. Establishment; composition.*Post*, p. 1761.
(a)There is hereby established in the Department of the Interior a National Bituminous Coal Commission (herein referred to as “Commission”), which shall be composed of five members appointed by the President, by and with the advice and consent of the Terms of office.Senate, for a term of four years or until the prior termination of Chairman; official seal.Vacancies.this title. The Commission shall annually designate its chairman, and shall have a seal which shall be judicially recognized. Any person appointed to fill a vacancy shall be appointed only for the Principal office.unexpired term of his predecessor in office. The Commission shall have an office in the city of Washington, District of Columbia, and shall convene at such times and places as the majority of the Qualifications.Commission shall determine. The members of the Commission shall have no financial interest, direct, or indirect, in the mining, transportation, or sale of, or manufacture of equipment for, coal, oil, or gas, or in the generation, transmission, or sale of hydroelectric power, or in the manufacture of equipment for the use thereof, and shall Removals.not engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, Secretary and other personnel.[U. S. C., p. 85](/us/usc/p85).neglect of duty, or malfeasance in office. The Commission shall, with due regard to the provisions of the civil-service laws or the Classification Act of 1923, as amended, appoint and fix the compensation and duties of a secretary and necessary clerical and other assistants, none of whom shall be related to any member of the Commission by Compensation.marriage or within the third degree by blood. The members of the Commission shall each receive compensation at the rate of $10,000 per Powers.year and necessary traveling expenses. Such Commission shall have the power to make and promulgate all reasonable rules and Annual report.regulations for carrying out the provisions of this Act, and shall annually make full report of its activities to the Secretary of the Interior for transmission to Congress. Upon all matters within its jurisdiction coming before it for determination, it shall have the power and duty 993of hearing evidence and finding facts upon which its orders and action may be predicated, and its findings of fact supported by anyFindings of fact. substantial evidence shall be conclusive upon review thereof by any court of the United States.
(1)There shall be an office in the Department of the InteriorConsumers’ Counsel of the National Bituminous Coal Commission.Establishment.*Post*, p. 1761.Counsel; appointment of.Qualifications. to be known as the office of the Consumers’ Counsel of the National Bituminous Coal Commission. The office shall be in charge of a counsel to be appointed by the President, by and with the advice and consent of the Senate. The counsel shall have no financial interest, direct or indirect, in the mining, transportation, or sale of, or the manufacture of equipment for, coal, oil, or gas, or in the generation, transmission, or sale of hydroelectric power, or in the manufacture of equipment for the use thereof, and shall not engage in any other business, vocation, or employment. The counsel shall receive compensationCompensation; expenses. at the rate of $10,000 per year and necessary traveling expenses.
(2)It shall be the duty of the counsel to appear in the interest of the consuming public in any proceeding before the Commission and to conduct such independent investigation of matters relative to the bituminous coal industry and the administration of this Act as he may deem necessary to enable him properly to represent the consuming public in any proceeding before the Commission. In anyRights in proceeding before Commission. proceeding before the Commission in which the counsel has entered an appearance, the counsel shall have the right to offer any relevant testimony and argument, oral or written, and to examine and cross-examine witnesses and parties to the proceeding, and shall have the right to have subpena or other process of the Commission issue in his behalf. Whenever the counsel finds that it is in the interest ofInformation to be furnished. the consuming public to have the Commission furnish any information at its command or conduct any investigation as to any matter within its authority, then the counsel shall so certify to the Commission, specifying in the certificate the information or investigation desired. Thereupon the Commission shall promptly furnish to the counsel the information or promptly conduct the investigation and place the results thereof at the disposal of the counsel.
(3)Within the limitations of such appropriations as the CongressAppointment and compensation of assistants.*Post*, p. 1119. may from time to time provide, the counsel is authorized, with due regard to the civil service laws and the Classification Act of 1923, as amended, to appoint and fix the compensation and duties of such assistants and clerks, and is authorized to make such expenditures, as may be necessary for the performance of the duties vested in him. tax on bituminous coalTax on bituminous coal. Sec. 3. There is hereby imposed upon the sale or other disposal ofImposition; amount. all bituminous coal produced within the United States an excise tax of 15 per centum on the sale price at the mine, or in the case of captive coal the fair market value of such coal at the mine, such tax, subject to the later provisions of this section, to be payable to the UnitedPayment. States by the producers of such coal, and to be payable monthly for each calendar month, on or before the first business day of the second succeeding month, and under such regulations, and in such manner, as shall be prescribed by the Commissioner of Internal Revenue: *Provided*, That in the case of captive coal produced as aforesaid, the*Provisos*.Price in case of captive coal. Commissioner of Internal Revenue shall fix a price therefor at the current market price for the comparable kind, quality, and size of coals in the locality where the same is produced: *Provided further*,Drawback; entitlement to. That any such coal producer who has filed with the National Bituminous Coal Commission his acceptance of the code provided for in section 4 of this Act, and who acts in compliance with the 994provisions of such code, shall be entitled to a drawback in the form of a credit upon the amount of such tax payable hereunder, equivalent to 90 per centum of the amount of such tax, to be allowed and deducted therefrom at the time settlement therefor is required, in such manner as shall be prescribed by the Commissioner of When right of drawback to begin.Internal Revenue. Such right or benefit of drawback shall apply to all coal sold or disposed of from and after the day of the producer’s filing with the Commission his acceptance of said code Right of producer to contest provisions of code.in such form or agreement as the Commission may prescribe. No producer shall by reason of his acceptance of the code provided for in section 4 or of the drawback of taxes provided in section 3 of this Act be held to be precluded or estopped from contesting the constitutionality of any provision of said code, or its validity as applicable to such producer. Bituminous coal code.bituminous coal code Sec. 4. Working agreement. The provisions of this section shall be formulated by the Commission into a working agreement, to be known as the “Bituminous Coal Code”, and herein referred to as the “Code.” Producers accepting and operating under its provisions are herein referred to as “Code members.” Conditions, provisions, and obligations.For the purpose of carrying out the declared policy of this Act, the code shall contain the following conditions, provisions, and obligations which will tend to regulate interstate commerce in bituminous coal and transactions directly affecting interstate commerce in bituminous coal: Part I—Part I—Organization and production.District boards of coal producers; number.Individual boards; determination of membership.Organization and Production
(a)Twenty-three district boards of coal producers shall be organized. Each district board shall consist of not less than three nor more than seventeen members. The number of members of the district board shall, subject to the approval of the Commission, be determined by the majority vote of the district tonnage during the calendar year 1934 represented at a meeting of the producers of the district called for the purpose of such determination and for the election of such district board; and all known producers within the district shall be given notice of the time and place of the meeting. Producer members.All but one of the members of the district board shall be producers or representatives of producers truly representative of all the mines of the district. The number of such producer members shall be an Elections.even number. One-half of such producer members shall be elected by the majority in number of the producers of the district represented at the aforesaid meeting. The other producer members shall be elected by votes cast in the proportion of the annual tonnage output for the preceding calendar year of the producers in the district, with the right on the part of the producers to vote their tonnage *Proviso*.Restriction.cumulatively: *Provided*, That not more than one officer or employee of any producer within a district shall be a member of the district Members representing employees.board at the same time. The remaining member of each district board shall be selected by the organization of employees representing the preponderant number of employees in the industry of Terms of office.the district in question. The term of district board members shall be two years and until their successors are elected. Authority of Commission to increase membership of board.In case any marketing agency comprising a substantial number of code members in any producing field within a district establishes, to the satisfaction of the Commission, that it has no representation upon the district board and that it is fairly entitled thereto, the Commission may, in its discretion, after hearing, increase the membership of such district board so as to provide for such representation. 995 Marketing agencies may be established or maintained within anyMarketing agencies; establishment. district by a voluntary association of producers within any producing Held therein, as such producing field may be defined by the district board, and function under such general rules and regulationsRules and regulations of district boards governing. as may be prescribed by the district board, with the approval of the Commission, for the purpose of marketing their coal with due respect for the standards of unfair competition as defined in this Act. Each such marketing agency shall impose no unreasonableImposition of unreasonable conditions of membership prohibited. or inequitable conditions of membership and shall be truly representative of at least one-third of the tonnage of any producing field or group of producing fields. The term “marketing agency” or “agencies”“Marketing agency”; “agencies’; defined. as used in this Act shall include any trade association of coal producers complying with the requirements of a marketing agency and exercising the functions thereof. The district boards and marketing agencies shall each have powerPowers of district boards and marketing agencies. to adopt bylaws and rules of procedure, subject to approval of the Commission, and to appoint officers from their own membership, to fix their terms and compensation, to provide for reports, and to employ such committees, employees, arbitrators, and other persons necessary to effectuate their purposes. Members of the district boardService of members of district board without compensation. shall serve, as such, without compensation, but may be reimbursed for their reasonable expenses. The territorial boundaries or limits ofTerritorial limits of districts. such twenty-three districts are set forth in the schedule entitled “Schedule of Districts” and annexed to this Act: *Provided*, That the*Proviso*. Modifications. territorial boundaries or limits of any district or districts may be changed, or said districts may be divided or consolidated, after hearing, by the Commission.
(b)The expense of administering the code by the respective districtAdministration of codes; expenses. boards shall be borne by those subject to the jurisdiction of such boards, respectively, each paying his proportionate share, as assessed, computed on a tonnage basis, in accordance with regulations prescribed by such boards with the approval of the Commission. Such assessmentsAssessments and collection. may be collected by the district board by action in any court of competent jurisdiction.
(c)Nothing contained in this Act shall constitute the members ofRelationship and liability of members of board. a district board partners for any purpose. Nor shall any member of a district board be liable in any manner to any one for any act of any other member, officer, agent or employee of the district board. Nor shall any member of a district board, exercising reasonable diligence in the conduct of his duties under this Act, be liable to any one for any action or omission to act under this Act, except for his own willful misfeasance, or for nonfeasance involving moral turpitude. Part II— MarketingPart II—Marketing. The district boards and code members shall accept and be subject toMinimum and maximum prices; manner of fixing; approval of commission. the jurisdiction of the Commission to approve or to fix minimum and maximum prices, as follows:
(a)All code members shall, in their respective districts, report allReports and records by code members. spot orders to the district board and shall file with it copies of all contracts for the sale of coal, copies of all invoices, copies of all credit memoranda, and such other information concerning the preparation, cost, sale, and distribution of coal as the Commission may authorize or require. All such records shall be held by the district board as theConfidential nature of records. confidential records of the code member filing such information. Each district board may set up and maintain a statistical bureau,Statistical bureaus; maintenance of. and the district board may require that such reports and other information in this subsection described shall be filed with such statistical bureau in lieu of the filing thereof with the district board. 996 Establishment of minimum prices by district board.Each district board shall, from time to time on its own motion or when directed by the Commission, establish minimum prices free on board transportation facilities at the mines for kinds, qualities, and sizes of coal produced in said district, with full authority, in establishing such minimum prices, to make such classification of coals and price variations as to mines and consuming market areas as it may deem necessary and proper. In order to sustain the stabilization of wages, working conditions, and maximum hours of labor, said prices shall be established so as to yield a return per net ton for each district in a Computation of total costs.minimum price area, as such districts are identified and such area is defined in the subjoined table designated “Minimum-price area table”, equal as nearly as may be to the weighted average of the total costs, per net ton, determined as hereinafter provided, of the tonnage of such minimum price area. The computation of the total costs shall include the cost of labor, supplies, power, taxes, insurance, workmen’s compensation, royalties, depreciation, and depletion (as determined by the Bureau of Internal Revenue in the computation of the Federal income tax) and all other direct expenses of production, coal operators’ association dues, district board assessments for Board operating expenses only levied under the code, and reasonable costs of selling and the cost of administration. Minimum-price-area table.minimum-price-area table Area 1: Eastern Pennsylvania, district 1; western Pennsylvania, district 2; northern West Virginia, district 3; Ohio, district 4; Michigan, district 5; Panhandle, district 6; Southern numbered 1, district 7; Southern numbered 2, district 8; West Kentucky, district 9; Illinois, district 10; Indiana, district 11; Iowa, district 12; that part of Southeastern, district 13, comprising Van Buren, Warren, and McMinn Counties in Tennessee. Area 2: Southeastern, district 13, except Van Buren, Warren, and McMinn Counties in Tennessee. Area 3: Arkansas-Oklahoma, district 14. Area 4: Southwestern, district 15. Area 5: Northern Colorado, district 10; southern Colorado, district 17; New Mexico, district 18. Area 6: Wyoming, district 19; Utah, district 20. Area 7: North Dakota and South Dakota, district 21. Area 8: Montana, district 22. Area 9: Washington, district 23. Factors in establishing minimum prices.The minimum prices so established shall reflect, as nearly as possible, the relative market value of the various kinds, qualities, and sizes of coal, shall be just and equitable as between producers within the district, and shall have due regard to the interests of the consuming public. The procedure for establishment of minimum prices shall be in accordance with rules and regulations to be approved by the Commission. Schedule to be submitted to Commission.A schedule of such minimum prices, together with the data upon which they are computed, including, but without limitation, the factors considered in determining the price relationship shall be Action of Commission.submitted by the district board to the Commission, which may approve, disapprove, or modify the same to conform to the requirements of this subsection, and such approval, disapproval, or modification shall be binding upon all code members within the district, subject to such modification therein as may result from the *Proviso*. Requirement respecting minimum prices.coordination provided for in the succeeding subsection (b): *Provided*, That all minimum prices established for any kind, quality, or size of coal 997for shipment into any consuming market area shall be just and equitable as between producers within the district: *And provided further*,Dumping. That no minimum price shall be established that permits dumping. As soon as possible after its creation, each district board shall District boards; determination of tonnage produced during 1934. Adjustments to reflect changes.determine the weighted average of the total costs of the ascertainable tonnage produced in the district in the calendar year 1934. The district board shall adjust the average costs so determined, as may be necessary to give effect to any changes in wage rates, hours of employment, or other factors substantially affecting costs, exclusive of seasonal changes, so as to reflect as accurately as possible any change or changes which may have been established since January 1, 1934. Such determination and the computations upon which it isSubmission of determination to Commission. based shall be promptly submitted to the Commission by each district board in the respective minimum-price area. The Commission shallDetermination of weighted average of total costs. thereupon determine the weighted average of the total costs of the tonnage for each minimum-price area in the calendar year 1934, adjusted as aforesaid, and transmit it to all the district boards within such minimum-price area. Said weighted average of the total costs Use as basis in establishing minimum prices.shall be taken as the basis for the establishment of minimum prices to be effective until changed by the Commission. Thereafter, uponModifications. satisfactory proof made at any time by any district board of a change in excess of 2 cents per net ton of two thousand pounds in the weighted average of the total costs in the minimum-price area, exclusive of seasonal changes, the Commission shall increase or decrease the minimum prices accordingly. The weighted averageAvailability of weighted average of total cost to public. figures of total cost determined as aforesaid shall be available to the public. Each district board shall, on its own motion or when directedRules respecting sales and distribution. by the Commission, establish reasonable rules and regulations incidental to the sale and distribution of coal by code members within the district. Such rules andAction of Commission. regulations shall not be inconsistent with the requirements of this section and shall conform to the standards of fair competition hereinafter established. Such rules and regulations shall be submitted by the district board to the Commission with a statement of the reasons therefor, and the Commission may approve, disapprove, or modify the same, and such approval, disapproval, or modification shall be binding upon all code members within the district.
(b)District boards shall, under rules and regulations establishedCoordination of minimum prices and rules in market areas. by the Commission, coordinate in common consuming market areas upon a fair competitive basis the minimum prices and the rules and regulations established by them, respectively, under subsection
(a)hereof. Such coordination, among other factors, but without limitation, shall take into account the various kinds, qualities, and sizes of coal, and transportation charges upon coal. All minimumRequirements of minimum prices. prices established for any kind, quality, or size of coal for shipment into any consuming market area shall be just and equitable, and not unduly prejudicial or preferential, as between and among districts, and shall reflect, as nearly as possible, the relative market values, at points of delivery in each common consuming market area of the various kinds, qualities and sizes of coal produced in the various districts: to the end of affording the producers in the several districts substantially the same opportunity to dispose of their coals upon a competitive basis as has heretofore existed. The minimum prices established as a result of such coordination shall not, as to any district, reduce or increase the return per net ton upon all the coal produced therein below or above the minimum return as provided in subsection
(a)of this section by an amount greater than necessary to accomplish such coordination, to the end that the return per net 998ton upon the entire tonnage of the minimum price area shall approximate and be not less than the weighted average of the total costs Submission of coordinated prices and rules to Commission; action thereon.per net ton of the tonnage of such minimum price area. Such coordinated prices and rules and regulations, together with the data upon which they are predicated, shall be submitted to the Commission, which may approve, disapprove, or modify the same to establish and maintain such fair competitive relationship, and such approval, disapproval, or modification shall be binding upon all Dumping prohibited.code members within the affected districts. No minimum price Investigations to determine fairness of method of fixing minimum prices.shall be established that permits dumping. On the petition of any district board or other party in interest or on its own motion, after notice to the district boards, the Commission may at any time conduct hearings to determine whether the foregoing method of fixing minimum prices under subsection
(a)is prejudicial to any district with respect to the fair opportunity of such district to market its Establishment of different basis.coal. Should the Commission so find, and further find that the prejudice cannot be removed through the coordination of minimum prices as provided for in this subsection (b), then the Commission may establish a different basis for determining minimum prices in such district, to the end that fair and competitive prices shall prevail in the marketing of the coal produced in such district: *Provided*,*Proviso*.Minimum return. That the minimum prices so established as to any such district shall yield a return, per net ton, not less than the weighted average of the total costs, per net ton, of the tonnage of such district.
(c)Maximum prices; establishment by Commission to protect consumer. When, in the public interest, the Commission deems it necessary to establish maximum prices for coal in order to protect the consumer of coal against unreasonably high prices therefor, the Commission shall have the right to fix maximum prices free on board transportation facilities for coal in any district. Such maximum prices shall be established at a uniform Increase above the minimum prices in effect within the district at the time, so that in the aggregate the maximum prices shall yield a reasonable return above the *Proviso*.Cost plus reasonable profit to be maintained.weighted average total cost of the district: *Provided*, That no maximum price shall be established for any mine which shall not return cost plus a reasonable profit.
(d)Complaints by code member or district board. If any code member or district board, or any State or political subdivision of a State, shall be dissatisfied with such coordination of prices or rules and regulations, or by a failure to establish such coordination of prices or rules and regulations, or by the maximum prices established for him or it pursuant to subsection
(c)of this section, he or it shall have the right, by petition, to make complaint to the Commission, and the Commission shall, under rules and Notice and hearingregulations established by it, and after notice and hearing, make such order as may be required to effectuate the purpose of subsections
(b)and
(c)of this section, which order shall be binding upon all parties Preliminary order.in interest. Pending final disposition of such petition, and upon reasonable showing of necessity therefor, the Commission may make such preliminary or temporary order as in its judgment may be appropriate, and not inconsistent with the provisions of this Act.
(e)Code violations; sale, etc., of coal below minimum or above maximum prices. Subject to the exceptions provided in section 12 of this Act, no coal shall be sold or delivered at a price below the minimum or above the maximum therefor approved or established by the Commission, and the sale or delivery of coal at a price below such minimum or above such maximum shall constitute a violation of the code. Contracts for sale.Subject to the exceptions provided in section 12 of this Act, a contract for the sale of coal at a price below the minimum or above the maximum therefor approved or established by the Commission at the time of the making of the contract shall constitute a violation of the code, and such contract shall be invalid and unenforceable. 999 From and after the date of approval of this Act, until prices shallRestriction, on contracts until prices established. have been established pursuant to subsections
(a)and
(b)of part II of this section, no contract for the sale of coal shall be made providing for delivery for a period longer than thirty days from the date of the contract. While this Act is in effect no code member shall make any contractProhibition on contracts for sale below minimum or above maximum prices while Act in effect. for the sale of coal for delivery after the expiration date of this Act at a price below the minimum or above the maximum therefor approved or established by the Commission and in effect at the time of making the contract. The minimum prices established in accordance with the provisionsExemption: coal shipped outside domestic market. of this section shall not apply to coal sold by a code member and shipped outside the domestic market. The domestic market shall include all points within the continental United States and Canada, and car-ferry shipments to the Island of Cuba. Bunker coal deliveredBunker coal. to steamships for consumption thereon shall be regarded as shipped within the domestic market. Maximum prices establishedCoal shipped outside continental United States. in accordance with the provisions of this section shall not apply to coal sold by a code member and shipped outside the continental United States.
(f)All data, reports, and other information in the possession ofAvailability of information possessed by National Recovery Administration. the National Recovery Administration in relation to bituminous coal shall be available to the Commission for the administration of this Act.
(g)The price provisions of this Act shall not be evaded or violatedEvasions of price provisions prohibited. by or through the use of docks or other storage facilities or transportation facilities, or by or through the use of subsidiaries, affiliated sales or transportation companies or other intermediaries or instrumentalities, or by or through the absorption, directly or indirectly, of any transportation or incidental charge of whatsoever kind or character, or any part thereof. The Commission is hereby Rules and regulations.authorized, after investigation and hearing, and upon notice to the interested parties, to make and issue rules and regulations to make this subsection effective.
(h)All sales and contracts for the sale of coal shall be subject toEffectiveness of code prices. the code prices herein provided for and in effect at the time of the making of such sales and contracts. The Commission shall prescribePrice allowance on resales in cargo or car-load lots. the price allowance to and receivable by persons who purchase coal for resale, and resell it in not less than cargo or railroad carload lots; and shall require the maintenance by such persons, in the resale of coal, of the minimum prices established under this Act. unfair methods of competitionUnfair methods of competition.
(i)The following practices shall be unfair methods of competitionPractices enumerated. and shall constitute violations of the code: 1. The consignment of unordered coal, or the forwarding of coalConsignment of unordered coal. which has not actually been sold, consigned to the producer or his agent: *Provided, however*, That coal which has not actually been*Proviso*.Exception. sold may be forwarded, consigned to the producer or his agent at rail or track yards, tidewater ports, river ports, or lake ports, or docks beyond such ports. Such limitations on the consignment ofClasses of coal to which limitations not applicable. coal shall not apply to the following classes: Bunker coal, coal applicable against existing contracts, coal for storage (other than in railroad cars) by the producer or his agent in rail or track yards or on docks, wharves, or other yards for resale by the producer or his agent. 1000 2. Secret allowances, rebates, and concessions. The adjustment of claims with purchasers of coal in such manner as to grant secret allowances, secret rebates, or secret concessions, or other price discrimination. 3. The prepayment of freight charges with intent to or havingPrepayment of freight charges when resulting in discriminatory credit allowance.Granting allowances which alter prices previously agreed upon. the effect of granting a discriminatory credit allowance. 4. The granting in any form of adjustments, allowances, discounts, credits, or refunds to purchasers or sellers of coal, for the purposes or with the effect of altering retroactively a price previously agreed upon, in such manner as to create price discrimination. 5. Predating or postdating invoices. The predating or postdating of any invoice or contract for the purchase or sale of coal, except to conform to a bona fide agreement for the purchase or sale entered into on the predate. 6. Discriminatory payments to certain purchasers. The payment or allowance in any form or by any device of rebates, refunds, credits, or unearned discounts, or the extension to certain purchasers of services or privileges not extended to all purchasers under like terms and conditions, or under similar circumstances. 7. Commercial bribery. The attempt to purchase business, or to obtain information concerning a competitor’s business by concession, gifts, or bribes. 8. Misrepresentation of quality, etc., of products. The intentional misrepresentation of any analysis or of analyses, or of sizes, or the intentional making, causing, or permitting to be made, or publishing, of any false, untrue, misleading, or deceptive statement by way of advertising, invoicing, or otherwise concerning the size, quality, character, nature, preparation, or origin of any coal bought, sold, or consigned. 9. Unauthorized use of competitor’s trade names, etc. The unauthorized use, whether in written or oral form, of trade marks, trade names, slogans, or advertising matter already adopted by a competitor, or any deceptive approximation thereof. 10. Inducing breach of competitor’s contracts. Inducing or attempting to induce, by any means or device whatsoever, a breach of contract between a competitor and his customer during the term of such contract. 11. Splitting commissions, etc. Splitting or dividing commissions, broker’s fees, or brokerage discounts, or otherwise in any manner directly or indirectly using brokerage commissions or jobbers’ arrangements or sales agencies for making discounts, allowances, or rebates, or prices other than those determined under this Act, to any industrial consumer or to any retailers, or to others, whether of a’ like or different class. 12. Selling to agent of retailer, industrial consumer, etc. Selling to, or through, any broker, jobber, commission account, or sales agency, which is in fact or in effect an agency or an instrumentality of a retailer or an industrial consumer or of an organization of retailers or industrial consumers, whereby they or any of them secure either directly or indirectly a discount, dividend, allowance, or rebates, or a price other than that determined in the manner prescribed by this Act. 13. Code violations. Violations of the provisions of the code. It shall not be an unfair method of competition or a violation of Sales to farmer’s cooperative organization.the code or any requirement of this Act
(1)to sell to or through any bona fide and legitimate farmer’s cooperative organization duly organized under the laws of any State, Territory, the District of Columbia, or the United States whether or not such organization grants rebates, discounts, patronage dividends, or other similar benefits to its members,
(2)to sell through any intervening agency to any such cooperative organization, or
(3)to pay or allow to any such cooperative organization or to any such intervening agency any discount, commission, rebate, or dividend ordinarily paid or allowed, or permitted by the code to be paid or allowed, to other purchasers for purchases in wholesale or middleman quantities. 1001
(j)The Commission shall have jurisdiction to hear and determineComplaints charging violation of code; jurisdiction of Commission. Rules respecting bearing. written complaints made charging any violation of the code specified in this part II. It shall make and publish rules and regulations for the consideration and hearing of any such complaint, and all interested parties shall be required to conform thereto. The CommissionAdjustment. shall make due effort toward adjustment of such complaints and shall endeavor to compose the differences of the parties, andOrders of Commission. shall make such order or orders in the premises, from time to time, as the facts and the circumstances warrant. Any such order shallReview. be subject to review as are other orders of the commission. Part III— Labor RelationsPart III—Labor Relations. To effectuate the purposes of this Act, the district boards andCode conditions to be accepted by district boards and code members. code members shall accept the following conditions which shall be contained in said code:
(a)Employees shall have the right to organize and bargain collectivelyRight of employees to organize and bargain collectively. through representatives of their own choosing, and shall be free from interference, restraint, or coercion of employers, 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; and no employee and no one seeking employment shall be required as a condition of employment to join any company union.
(b)Employees shall have the right of peaceable assemblage forTo assemble peaceably.Select own checkweighman. the discussion of the principles of collective bargaining, shall be entitled to select their own checkweighman to inspect the weighing or measuring of coal, and shall not be required as a condition ofLiving quarters, etc. employment to live in company houses or to trade at the store of the employer.
(c)A Bituminous Coal Labor Board, hereinafter referred to asBituminous Coal Labor Board.Appointment.*Post*, p. 1927. “Labor Board”, consisting of three members, shall be appointed by the President of the United States by and with the advice and consent of the Senate, and shall be assigned to the Department of Labor. The chairman shall be an impartial person with no financialChairman. interest in the industry, or connection with any organization of the employees. Of the other members, one shall be a representative ofQualifications. the producers and one shall be a representative of the organized employees, each of whom may retain his respective interest in the industry or relationship to the organization of employees. TheAppointment of secretary, etc. Labor Board shall, with due regard to the provisions of the civil-service laws and the Classification Act of 1923, as amended, appoint and fix the compensation and duties of a secretary and necessary clerical and other assistants. The members shall serve for a periodTerms of office. of four years or until the prior termination of this Act, and shallCompensation. each receive compensation at the rate of $10,000 per annum and necessary traveling expenses. Any person appointed to fill a vacancyVacancies. shall be appointed only for the unexpired term of his predecessor in office. Decisions of the Labor Board may be made by a majorityDecisions. thereof.
(d)The Labor Board shall sit at such places as its duties require,Sessions of Labor Board. and may appoint an examiner to report evidence for its finding in any particular case. It shall notify the parties to any dispute ofNotification to disputants. the time and place of the taking of evidence, or the hearing of the cause, and its finding of facts supported by any substantial evidenceFindings of fact. shall be conclusive upon review thereof by any court of the United States. It shall transmit its findings and order to the parties interestedCopies to be forwarded.Action of Commission. and to the Commission. The Commission shall take no action thereon for sixty days after the entry of the order of the Labor Board; and if within such sixty days an appeal is taken under the 1002provisions of section 16 of this Act, no action on such finding and order shall be taken by the Commission during the pendency of the appeal.
(e)Authority of Labor Board. The Labor Board shall have authority to adjudicate disputes arising under subsections
(a)and
(b)of this part III, and to determine whether or not an organization of employees has been promoted, or is controlled or dominated by an employer in its organization, management, policy, or election of representatives; and for the purpose of determining who are the freely chosen representatives of the employees the Board may order and under its supervision may conduct an election of employees for that purpose. The Labor Board may order a code member to meet the representatives of its employees for the purpose of collective bargaining.
(f)Services as mediator. The Labor Board may offer its services as mediator in any dispute between a producer and its employees where such dispute is not determined by the tribunal set up in a bona fide collective contract; and upon the written submission by the parties requesting an award on a stated matter signed by the duly accredited representatives of the employer and employees, the Labor Board may arbitrate the matter submitted.
(g)Maximum hours of labor; agreement and acceptance. Whenever the maximum daily and weekly hours of labor are agreed upon in any contract or contracts negotiated between the producers of more than two-thirds the annual national tonnage production for the preceding calendar year and the representatives of more than one-half the mine workers employed, such maximum Wage agreements.hours of labor shall be accepted by all the code members. The wage agreement or agreements negotiated by collective bargaining in any district or group of two or more districts, between representatives of producers of more than two-thirds of the annual tonnage production of such district or each of such districts in a contracting group during the preceding calendar year, and representatives of the Filing and acceptance.majority of the mine workers therein, shall be filed with the Labor Board and shall be accepted as the minimum wages for the various classifications of labor by the code members operating in such district or group of districts. Organization of the code.organization of the code Sec. 5. Duty of Commission to formulate code and assist in organizing district board.Acceptance of membership by producers.
(a)Upon the appointment of the Commission it shall at once formulate said code and assist in the organization of the district boards as provided for in section 4, and shall prepare and supply to all coal producers forms of acceptance for membership therein. Such forms of acceptances, when executed, shall be acknowledged before any official authorized to take acknowledgments.
(b)Revocation of acceptance. The membership of any such coal producer in such code and his right to a drawback on the taxes levied under section 3 of this Act, may be revoked by the Commission upon written complaint by any party in interest, after a hearing, with thirty days’ written notice to the member, upon proof that such member has willfully failed or refused to comply with any duty or requirement imposed upon him by reason of his membership; and in such a Hearing.hearing any party in interest, including the district boards, other code members, consumers, employees, and the Commissioner of Internal Revenue, *Proviso*. Cease and desist orders.shall be entitled to present evidence and be heard: *Provided*, That the Commission, in its discretion, may in such case make an order directing the code member to cease and desist from violations of the code and upon failure of the code member to comply with such order the Commission may reopen the case upon ten days’ notice to the code member affected and proceed in the hearing thereof as above provided. 1003 The Commission shall keep a record of the evidence heard by itRecord of proceedings. in any proceeding to cancel or revoke the membership of any code member and its findings of fact if supported by any substantial evidence shall be conclusive upon any proceeding to review or restrain the action and order of the Commission in any court of the United States. When an alleged violation of the code relates to the provisions of part III of section 4 of this Act, the Commission shall accept as conclusive the certified findings and orders of the Labor Board and inquire only into the compliance or noncompliance of the code member with respect thereto.
(c)Any producer whose membership in the code and whose rightRestoration of membership. to a drawback on the taxes as provided under this Act has been canceled, shall have the right to have his membership restored upon payment by him of all taxes in full for the time during which it shall be found by the Commission that his violation of the code or of any regulation thereunder, the observance of which is required by its terms, shall have continued. In making its findings under this subsection the Commission shall state specifically
(1)the period of time during which such violation continued, and
(2)the amount of taxes required to be paid to bring about reinstatement as a code member.
(d)Any code member who shall be injured in his business orSuits by code member producer. property by any other code member by reason of the doing of any act which is forbidden or the failure to do any act which is required by this Act or by the code, may sue therefor in any district court of the United States in the district in which the defendant resides, or is found or has an agent, without respect to the amount in controversy,Damages and costs. and shall recover three-fold damages by him sustained, and the cost of suit, including a reasonable attorney’s fee. Sec. 6.
(a)All rules, regulations, determinations, and promulgationsRules, etc., of district board; review. of any district board shall be subject to review by the Commission upon appeal by any producer and upon just cause shown shall be amenable to the order of the Commission; and appeal to the Commission shall be a matter of right in all cases to every producer and to all parties in interest. The Commission may also provide rules for the determination of controversies arising under this Act by voluntary submission thereof to arbitration, which determination shall be final and conclusive.
(b)Any person aggrieved by an order issued by the CommissionReview of order of Commission or Labor Board. or Labor Board in a proceeding to which such person is a party may obtain a review of such order in the Circuit Court of Appeals of the United States, within any circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia, by filing in such court, withinPetition to be filed. sixty days after the entry of such order, a written petition praying that the order of the Commission or Labor Board be modified or set aside in whole or in part. A copy of such petition shall be forthwithService of copy. served upon any member of the Commission or Labor Board, as the ease may be, and thereupon the Commission or Labor Board, asCertification and filing of transcript of court record. the case may be, shall certify and file in the court a transcript of the record upon which the order complained of was entered. UponJurisdiction of court. the filing of such transcript such court shall have exclusive jurisdiction to affirm, modify, and enforce or set aside such order, in whole or in part. No objection to the order of the Commission orConsideration of objections. Labor Board shall be considered by the court unless such objection shall have been urged below. The finding of the Commission orFindings of fact. Labor Board as to the facts, if supported by substantial evidence, 1004Additional evidence.shall be conclusive. If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the hearing before the Commission or Labor Board, the court may order such additional evidence to be taken before the Commission or Labor Board and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem Modification of findings of fact .proper. The Commission or Labor Board, as the case may be, may modify its findings as to the facts, by reason of the additional evidence so taken, and it shall file such modified or new findings, which, if supported by substantial evidence, shall be conclusive, and its recommendation, if any, for the modification or setting aside of the Finality of judgment and decree.original order. The judgment and decree of the court, affirming, modifying, and enforcing or setting aside, in whole or in part, any such order of the Commission or Labor Board, as the case may be, Review.[U. S. C., p. l271](/us/usc/pl271).shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended (U. S. C., title 28, secs. 346 and 347). Commencement of proceedings not to stay Commission’s order.The commencement of proceedings under this subsection shall not, unless specifically ordered by the court, operate as a stay of the Commission’s order.
(c)Enforcement of Commission’s order. If any code member fails or neglects to obey any order of the Commission while the same is in effect, the Commission in its discretion may apply to the Circuit Court of Appeals of the United States within any circuit where such code member resides or carries on business, for the enforcement of its order, and shall certify and file with its application a transcript of the entire record in the proceeding, including all the testimony taken and the report and Jurisdiction of court.order of the Commission. Upon such filing of the application and transcript the court shall cause notice thereof to be served upon such code member and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript a decree affirming, modifying, Findings offset.or setting aside the order of the Commission. The findings of the Commission as to facts, if supported by substantial evidence, shall Additional evidence.be conclusive. If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Commission, the court may order such additional evidence to be taken before the Commission and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. Modification of findings offset.The Commission may modify its findings as to the facts or make new findings, by reason of the additional evidence so taken, and it shall file such modified or new findings, which if supported by substantial evidence shall be conclusive, and its recommendation, if any, for the modification or setting aside of its original order, with the Finality of judgment and decree.[U. S. C., p. l271](/us/usc/pl271).return of such additional evidence. The judgment and decree of the. court shall be final, except that the same shall be subject to review by. the Supreme Court upon certiorari or certification as Review.provided in sections 239 and 240 of the Judicial Code, as amended (U. S. C., title 28, secs. 346 and 347).
(d)The jurisdiction of the Circuit Court of Appeals of the United States or the United States Court of Appeals for the District of Columbia, as the case may be, to enforce, set aside, or modify orders of the Commission or Labor Board shall be exclusive. 1005 Such proceedings in the Circuit Court of Appeals or the United States Court of Appeals for the District of Columbia, as the case may be, shall be given precedence over other cases pending therein, and shall be in every way expedited. Sec. 7. All provisions of the law, including penalties and refunds,Laws applicable to tax provisions. relating to the collection and disposition of internal revenue taxes, shall, insofar as applicable and not inconsistent with the provisions of this Act, be applicable with respect to taxes imposed under this Act. Sec. 8.
(a)The members of the Commission and of the LaborGeneral authority of Commission and of Labor Board. Board are authorized to administer oaths to witnesses appearing before their respective boards; and, for the purpose of conducting its investigations, said Commission or the said Labor Board shall have full power to issue subpenas and subpenas duces tecum, which shall be as nearly as may be in the form of subpenas issued by district courts of the United11So in original. States. In case any person shall fail orRefusals to obey subpena. refuse to obey such subpena it shall be the duty of the Commission, or the Labor Board, through its chairman, to make application to the District Court of the United States setting forth the issue and service of such subpena and the refusal of the person to obey the same and requesting such court to compel such person to appear before such court and show lawful cause for such refusal. Upon the filing of such application with the clerk of such court, it shall be the duty of the judge thereof, either in term time or vacation, to forthwith enter an order of record, requiring such person to appear before such court at a time stated in said order within three days from such entry, and show cause why he should not be required to obey such subpena, and upon his failure to show cause it shall be the duty of the court to order such witness to appear before the said Commission or Labor Board and give such testimony or produce such evidence as may be lawfully required by said Commission or Labor Board. The district court, either in term time or vacation,Contempts. shall have full power to punish for contempt as in other cases of refusal to obey the process and order of such court.
(b)In the investigation of any complaint or violation of theReports. code, or of any rule or regulation the observance of which is required under the terms thereof, the Commission or the Labor Board, as the case may be, shall have power to require such reports from, and shall be given access to inspect the books and records of, code members to the extent deemed necessary for the purpose of determining the complaint. Sec. 9. Should any producer or producers of bituminous coal notProducer nonmembers; provisions of Act, etc., applicable to. accept and maintain membership under the code set out in section 4 of this Act, he or they shall in addition to the tax herein provided and without the privilege of any drawback thereon, be held subject to other Acts of Congress regulating industries and their labor relations or providing for codes of fair competition therein: *Provided*, That the employees of all producers shall have the right of*Proviso*.Employees’ right of self-organization and collective bargaining. self-organization and collective bargaining through representatives of their own choosing free from the interference, restraint, or coercion of employers or their agents, all as set forth in section 4, part III
(a)and (b), of this Act. Sec. 10.
(a)The Commission may require reports from producersProducers’ reports; requirement. and may use such other sources of information available as it deems advisable, and may require producers to maintain a uniform system Uniform accounting systems.of accounting of costs, wages, operations, sales, profits, losses, and such other matters as may be required in the administration of this 1006 Confidential nature of information.Act. No information obtained from a producer disclosing costs of production or sales realization shall be made public without the consent of the producer from whom the same shall have been obtained, except where such disclosure is warranted by a controversy with the producer over any order of the Commission and except that such information may be compiled in composite form in such manner as shall not be injurious to the interests of any producer and. as so compiled, may be published by the Commission.
(b)Punishment for unlawfully divulging information. Any officer or employee of the Commission or of any district board who shall, in violation of the provisions of subsection (a), make public any information obtained by the Commission or the district board, without its authority, unless directed by a court, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding $500, or by imprisonment not exceeding six months, or by both fine and imprisonment, in the discretion of the court.
(c)Punishment for failure to file required report. If any producer required by this Act or the code to file a report shall fail to do so within the time fixed for filing the same, and such failure shall continue for thirty days after notice of such Forfeiture.default, the producer shall forfeit to the United States the sum of $50 for each and every day of the continuance of such failure, which forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States, brought in the district where the producer has his principal Recovery of.office or in any district in which he shall do business. It shall be the duty of the various district attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeiture. Sec. 11. State laws. State laws regulating the mining of coal not inconsistent herewith are not affected by this Act. Sec. 12. Coal contracted for prior to effective date hereof; minimum price. No coal may be delivered upon a contract made prior to the effective date of this Act at a price below the minimum price at the time of delivery upon such contract, as established pursuant to Part II of section 4 of this Act, and such contract shall be invalid *Proviso.*Exempted contracts.and unenforceable: *Provided*, That this prohibition shall not apply
(a)to a lawful and bona fide written contract entered into prior to October 2, 1933; nor
(b)to a lawful and bona fide written contract entered into subsequent to that date and prior to May 27, 1935, at not less than the minimum price current as published under the Code of Fair Competition for the Bituminous Coal Industry, pursuant to the National Industrial Recovery Act, at the time of making of such contract; nor
(c)to a lawful and bona fide written contract entered into on or after May 27, 1935, and prior to the date of the approval of this Act, at not less than the minimum price for current sale as published under said code of fair competition, as at May 27, 1935. Sec. 13. Unlawful producer combinations. Any combination between producers creating a marketing agency for the disposal of competitive coals in interstate commerce at prices to be determined by such agency or by the agreement of the producers operating through such agency, shall be unlawful as a restraint of interstate trade and commerce within the provisions of Vol. 26, p. 209; [U. S. C., p. 509](/us/usc/p509).the Act of Congress of July 2, 1890, known as the Sherman Act, and Acts amendatory and supplemental thereto, unless such marketing agency shall have been approved by the Commission as provided in section 4 of this Act. Sec. 14. Restriction on coal purchases by United States, etc.
(a)No bituminous coal shall be purchased by the United States, or any department or agency thereof, produced at any mine, where the producer has not complied with the provisions of the code set out in section 4 of this Act. 1007
(b)Each contract made by the United States, or any departmentGovernment contracts; requirement. or agency thereof, with a contractor for any public work, or service, shall contain a provision that the contractor will buy no bituminous coal to use on or in the carrying out of such contract from any producer except such producer be a member of the code set out in section 4 of this Act as certified to by the National Bituminous Coal Commission. Sec. 15. If any provision of this Act, or the application thereofSeparability of provisions. to any person or circumstances, is held invalid, the remainder of the Act and the application of such provisions to other persons or circumstances shall not be affected thereby. other duties of the commissionOther duties of the Commission. Sec. 16. The Commission shall study and investigate the matterStudies and investigations. of increasing the uses of bituminous coal and the problems of its importation and exportation; and shall further investigate—
(1)The economic operations of mines with the view to the conservation of the national coal resources.
(2)The safe operation of mines for the purpose of minimizing working hazards, and for such purpose shall be authorized to employ the services of the Bureau of Mines.
(3)The rehabilitation of mine workers displaced from employment, and the relief of mine workers partially employed. The Commission’s findings and recommendations shall be transmitted to the proper agency of the Government for relief, rehabilitation, and subsistence homesteads.
(4)The problem of marketing to lower distributing costs for the benefit of consumers.
(5)The Commission shall, as soon as reasonably possible after its appointment, investigate the necessity for the control of production of bituminous coal and methods of such control, including allotment of output to districts and producers within such districts, and shall hold hearings thereon, and shall report its conclusions and recommendations to the Secretary of the Interior for transmission by him to Congress not later than January 6, 1936. Sec. 17. Upon substantial complaint that bituminous-coal pricesComplaints respecting excessive coal prices. are excessive, and oppressive of consumers, or that any district board, or producers’ marketing agency, is operating against the public interest, or in violation of this Act, the Commission may hear such complaint, or appoint a committee to investigate the same, and itsInvestigation. findings shall be made public; and the Commission shall make proper orders within the purview of this Act so as to correct suchCorrection of abuses. abuses. Complaints may be made under this section by any State or political subdivision of a State. Sec. 18. To safeguard the interests of those concerned in the mining,Complaints to Interstate Commerce Commission respecting transportation costs. transportation, selling, and consumption of coal, the Commission is hereby vested with authority to make complaint to the Interstate Commerce Commission with respect to rates, charges, tariffs and practices relating to the transportation of coal, and to prosecute the same. Before proceeding to hear and dispose of any complaint filed by another than the Commission, involving the transportation of coal, the Interstate Commerce Commission shall cause the Commission to be notified of the proceeding and, upon application of the Commission, shall permit the Commission to appear and be heard. The Interstate Commerce Commission is authorized to avail itself of the cooperation, services, records and facilities of the Commission. Sec. 19. The term “bituminous coal” as used in this Act shallTerms construed.“Bituminous coal.” include all bituminous, semibituminous, and subbituminous coal and 1008“Producer.”lignite. The term “producer” shall include all persons, firms, associations, corporations, trustees, and receivers engaged in mining “Captive coal”bituminous coal. The term “captive coal” shall include all coal produced at a mine for consumption by the producer or by a subsidiary or affiliate thereof, or for use in the production of coke or other forms of manufactured fuel by such producer or subsidiary or affiliate. Sec. 20. Effective date of section 3. Section 3 of this Act shall become effective on the 1st day of the third calendar month after the enactment of this Act, unless the Commission shall not at that time have formulated the code and *Ante*, p. 993.forms of acceptance for membership therein, in which event section 3 of this Act shall become effective from and after the date when the Commission shall have formulated the code and such forms for acceptance, which date shall be promulgated by Executive order of Of other sections.the President of the United States. All other sections of this Act shall become effective on the day of the approval of this Act. Sec. 21. Duration of Act. This Act shall cease to be in effect and any agencies established thereunder shall cease to exist on and after four years from the date of the approval of this Act. Sec. 22. Appropriation authorized. There is hereby authorized to be appropriated from time to time such sums as may be necessary for the administration of this Act. Sec. 23. Short title. This Act may be cited as the “Bituminous Coal Conservation Act of 1935.” Annex to Act—Schedule of Districts.Annex to Act—Schedule of Districts Eastern Pennsylvania.eastern pennsylvania District 1. The following counties in Pennsylvania: Bedford, Blair, Bradford, Cambria, Cameron, Centre, Clarion, Clearfield, Clinton, Elk, Forest, Fulton, Huntingdon, Jefferson, Lycoming, McKean, Mifflin, Potter, Somerset, Tioga. Armstrong County, including mines served by the P. & S. R. R. on the west bank of the Allegheny River, and north of the Conemaugh division of the Pennsylvania Railroad. Fayette County, all mines on and east of the line of Indian Creek Valley branch of the Baltimore and Ohio Railroad. Indiana County, north of but excluding the Saltsburg branch of the Pennsylvania Railroad between Edri and Blairsville, both exclusive. Westmoreland County, including all mines served by the Pennsylvania Railroad, Torrance, and east. All coal-producing counties in the State of Maryland. The following counties in West Virginia: Grant, Mineral, and Tucker. Western Pennsylvania.western pennsylvania District 2. The following counties in Pennsylvania: Allegheny, Beaver, Butler, Greene, Lawrence, Mercer, Venango, Washington. Armstrong County, west of the Allegheny River and exclusive of mines served by the P. & S. R. R. Indiana County, including all mines served on the Saltsburg branch of the Pennsylvania Railroad north of Conemaugh River. Fayette County, except all mines on and east of the line of Indian Creek Valley branch of the Baltimore and Ohio Railroad. Westmoreland County, including all mines except those served by the Pennsylvania Railroad from Torrance, east. 1009 northern west virginiaNorthern West Virginia. District 3. The following counties in West Virginia: Barbour, Braxton, Calhoun, Doddridge, Gilmer, Harrison, Jackson, Lewis, Marion, Monongalia, Pleasants, Preston, Randolph, Ritchie, Roane, Taylor, Tyler, Upshur, Webster, Wetzel, Wirt, Wood. That part of Nicholas County including mines served by the Baltimore and Ohio Railroad and north. ohioOhio. District 4. All coal-producing counties in Ohio. michiganMichigan. District 5. All coal-producing counties in Michigan. panhandlePanhandle. District 6. The following counties in West Virginia: Brooke, Hancock, Marshall, and Ohio. southern numbered 1Southern numbered 1. District 7. The following counties in West Virginia: Greenbrier, Mercer, Monroe, Pocahontas, Summers. Fayette County, east of Gauley River and including the Gauley River branch of the Chesapeake and Ohio Railroad and mines served by the Virginia Railway. McDowell County, that portion served by the Dry Fork branch of the Norfolk and Western Railroad and east thereof. Raleigh County, excluding all mines on the Coal River branch of the Chesapeake and Ohio Railroad. Wyoming County, that portion served by the Gilbert branch of the Virginian Railroad lying east of the mouth of Skin Fork of Guyandot River and that portion served by the main line and the Glen Rogers branch of the Virginian Railroad. The following counties in Virginia: Montgomery, Pulaski, Wythe, Giles, Craig. Tazewell County, that portion served by the Dry Fork branch to Cedar Bluff and from Bluestone Junction to Boissevain branch of the Norfolk and Western Railroad and Richlands Jewell Ridge Branch of the Norfolk and Western Railroad. Buchanan County, that portion served by the Richlands Jewell Ridge branch of the Norfolk and Western Railroad and that portion of said county on the head waters of Dismal Creek, east of Lynn Camp Creek (a tributary of Dismal Creek). southern numbered 2Southern numbered 2. District 8. The following counties in West Virginia: Boone, Clay, Kanawha, Lincoln, Logan, Mason, Mingo, Putnam, Wayne, Cabell. Fayette County, west of, but not including mines of the Gauley River branch of the Chesapeake and Ohio Railroad. McDowell County, that portion not served by and lying west of the Dry Fork branch of the Norfolk and Western Railroad. Raleigh County, all mines on the Coal River branch of the Chesapeake and Ohio Railroad and north thereof. Nicholas County, that part south of and not served by the Baltimore and Ohio Railroad. 1010 Wyoming County, that portion served by Gilbert branch of the Virginian Railroad lying west of the mouth of Skin Fork of Guyandot River. The following counties in Virginia: Dickinson, Lee, Russell, Scott, Wise. All of Buchanan County, except that portion on the head waters of Dismal Creek, east of Lynn Camp Creek (tributary of Dismal Creek) and that portion served by the Richlands Jewell Ridge branch of the Norfolk and Western Railroad. Tazewell County, except portions served by the Dry Fork branch of Norfolk and Western Railroad and branch from Bluestone Junction to Boissevain of Norfolk and Western Railroad and Richlands Jewell Ridge branch of the Norfolk and Western Railroad. The following counties in Kentucky: Bell, Boyd, Breathitt, Carter, Clay, Elliott, Floyd, Greenup, Harlan, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Letcher, Leslie, McCreary, Magoffin, Martin, Morgan, Owsley, Perry, Pike, Rockcastle, Wayne, Whitley. The following counties in Tennessee: Anderson, Campbell, Claiborne, Cumberland, Fentress, Morgan, Overton, Roane, Scott. The following counties in North Carolina: Lee, Chatham, Moore. West Kentucky.west kentucky District 9. The following counties in Kentucky: Butler, Christian, Crittenden, Daviess, Hancock, Henderson, Hopkins, Logan, McLean, Muhlenberg, Ohio, Simpson, Todd, Union, Warren, Webster. Illinois.illinois District 10. All coal-producing counties in Illinois. Indiana.indiana District 11. All coal-producing counties in Indiana. Iowa.iowa District 12. All coal-producing counties in Iowa. Southeasternsoutheastern District 13. All coal-producing counties in Alabama. The following counties in Georgia: Dade, Walker. The following counties in Tennessee: Marion, Grundy, Hamilton, Bledsoe, Sequatchie, White, Van Buren, Warren, McMinn, Rhea. Arkansas-Oklahoma.arkansas oklahoma District 14. The following counties in Arkansas: All counties in the State. The following counties in Oklahoma: Haskell, Le Flore, Sequoyah. Southwestern.southwestern District 15. All coal-producing counties in Kansas. All coal-producing counties in Texas. All coal-producing counties in Missouri. The following counties in Oklahoma: Coal, Craig, Latimer, Muskogee, Okmulgee, Pittsburg, Rogers, Tulsa, Wagoner. Northern Colorado.northern colorado District 16. The following counties in Colorado: Adams, Arapahoe, Boulder, Douglas. Elbert, El Paso, Jackson, Jefferson, Larimer, Weld. 1011 southern coloradoSouthern Colorado. District 17. The following counties in Colorado: All counties not included in northern Colorado district. The following counties in New Mexico: All coal-producing counties in the State of New Mexico, except those included in the New Mexico district. new mexicoNew Mexico. District 18. The following counties in New Mexico: Grant, Lincoln, McKinley, Rio Arriba, Sandoval, San Juan, San Miguel, Santa Fe, Socorro. wyomingWyoming. District 19. All coal-producing counties in Wyoming. utahUtah. District 20. All coal-producing counties in Utah. north dakota-south dakotaNorth Dakota-South Dakota District’ 21. All coal-producing counties in North Dakota. All coal-producing counties in South Dakota. montanaMontana. District 22. All coal-producing counties in Montana. washingtonWashington. District 23. All coal-producing counties in Washington. Approved, August 30, 1935. To amend the Act approved March 3, 1931, relating to the rate of wages for laborers and mechanics employed by contractors and subcontractors on public buildings. 1935-08-30 825 Chapter 49 Stat. 1011 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 825.] AN ACT To amend the Act approved March 3, 1931, relating to the rate of wages for laborers and mechanics employed by contractors and subcontractors on public buildings. August 30, 1935.[[S. 3303](/us/bill/74/s/3303).] [[Public, No. 403](/us/pl/74/403).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the ActRate of wages for laborers and mechanics employed on public buildings.Vol. 46, p. 1494; [U. S. C., p. 1788](/us/usc/p1788).*Post*, p. 1347. entitled “An Act relating to the rate of wages for laborers and mechanics employed on public buildings of the United States and the District of Columbia by contractors or subcontractors, and for other purposes”, approved March 3, 1931, is amended to read as follows: " “That the advertised specifications for every contract in excessProvision in advertised specifications respecting minimum wages. of $2,000, to which the United States or the District of Columbia is a party, for construction, alteration and/or repair, including painting and decorating, of public buildings or public works of the United States or the District of Columbia within the geographical limits of the States of the Union or the District of Columbia, and which requires or involves the employment of mechanics and/or laborers shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics which shall be based upon the wages that will be determined by the Secretary ofDetermination of local prevailing rate. Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects or a character similar to the contract work in the city, town, village, or other civil subdivision of the State in which the work is to be performed, or in the District 1012Stipulations in contracts respecting payments.of Columbia if the work is to be performed there; and every contract based upon these specifications shall contain a stipulation that the contractor or his subcontractor shall pay all mechanics and laborers employed directly upon the site of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the contractor or Posting of wage scale.subcontractor and such laborers and mechanics, and that the scale of wages to be paid shall be posted by the contractor in a prominent Withholding portion of accrued payments from contractor.and easily accessible place at the site of the work; and the further stipulation that there may be withheld from the contractor so much of accrued payments as may be considered necessary by the contracting officer to pay to laborers and mechanics employed by the contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and the rates of wages received by such laborers and mechanics and not refunded to the contractor, subcontractors, or their agents. “Sec.. 2. Termination of right of contractor to proceed. Every contract within the scope of this Act shall contain the further provision that in the event it is found by the contracting officer that any laborer or mechanic employed by the contractor or any subcontractor directly on the site of the work covered by the contract has been or is being paid a rate Notice required.of wages less than the rate of wages required by the contract to be paid as aforesaid, the Government may, by written notice to the contractor, terminate his right to proceed with Liability of contractor.the work or such part of the work as to which there has been a failure to pay said required wages and to prosecute the work to completion by contract or otherwise, and the contractor and his sureties shall be liable to the Government for any excess costs occasioned the Government thereby. “Sec. 3. Payment of accrued payments withheld from laborers.
(a)The Comptroller General of the United States is hereby authorized and directed to pay directly to laborers and mechanics from any accrued payments withheld under the terms of the contract any wages found to be due laborers and mechanics List of contractors disregarding obligations.pursuant to this Act; and the Comptroller General of the United States is further authorized and is directed to distribute a list to all departments of the Government giving the names of persons or firms whom he has found to have disregarded their obligations to Prohibition on awarding contracts.employees and subcontractors. No contract shall be awarded to the persons or firms appearing on this list or to any firm, corporation, partnership, or association in which such persons or firms have an interest until three years have elapsed from the date of publication of the list containing the names of such persons or firms. “(b) Right of action against contractor and sureties. If the accrued payments withheld under the terms of the contract, as aforesaid, are insufficient to reimburse all the laborers and mechanics with respect to whom there has been a failure to pay the wages required pursuant to this Act, such laborers and mechanics shall have the right of action and/or of intervention against the contractor and his sureties conferred by law upon persons furnishing labor or materials, and in such proceedings it shall be no defense that such laborers and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds. “Sec. 4. Establishment of specific wage rates. This Act shall not be construed to supersede or impair any authority otherwise granted by Federal law to provide for the establishment of specific wage rates. 1013 “Sec. 5. This Act shall take effect thirty days after its passage,Effective date. but shall not affect any contract then existing or any contract that may thereafter be entered into pursuant to invitations for bids that are outstanding at the time of the passage of this Act. “Sec. 6. In the event of a national emergency the President isSuspension authorized. authorized to suspend the provisions of this Act. “Sec. 7. The funds appropriated and made available by theAppropriation available for administrative expenses.*Ante*, p. 115. Emergency Relief Appropriation Act of 1935 (Public Resolution Numbered 11, Seventy-fourth Congress), are hereby made available for the fiscal year ending June 30, 1936, to the Department of Labor for expenses of the administration of this Act.” " Approved, August 30, 1935. To provide for the donation of certain Army equipment to posts of the Veterans of Foreign Wars. 1935-08-30 826 Chapter 49 Stat. 1013 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 826.] AN ACT To provide for the donation of certain Army equipment to posts of the Veterans of Foreign Wars. August 30, 1935.[[H. R. 7199](/us/bill/74/hr/7199).][
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- /statutes-at-large/vol-53/public-law-158Public Law 158
- to provide for the donation of certain Army equipment to posts of the American Legion”, approved May 29, 1934, is amended (1) by striking out the words “ of the American Legion ” where they appear the first time in such Act, and adding the words “or camp of organizations composed of honorably dischaPublic Law 405
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