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(g) Upon the failure or refusal of the national or district boards to make the allocation or to allot quotas as herein provided, such allocations or quota allotments shall be made by the Commission.
(h) No code member may transfer his quota or any part thereof from one mine to another except upon express approval by the Commission, after hearing, with due notice given the district board and representatives of the employees affected.
(i) Every second year after the passage of this Act new standard maximum allocations to districts and new standard quotas to mines shall be made in accordance with the provisions hereof, but upon the basis of the output during the preceding period of operation under the Act. In its first annual report to the Secretary of the Interior for transmission to Congress, the Commission shall report fully upon the system of allocation herein set up with such recommendations concerning the same as may be deemed proper.
(j) Any Code member desiring to open a new or abandoned mine, for which no quota has previously been allotted and any person, firm, or corporation desiring to become a member of the Code and to open a mine, and to receive a quota for such new operation, shall file with the Commission his application therefor. The request for a quota assignment to such new operation shall be referred to the national and district boards which shall within thirty days report to the Commission all the facts thereon, and the Commission shall hear the parties in interest, and, if it finds that increased demand for such coal or a market shortage therein requires such quota assignment in the public interest, it may so order.
(k) The expense of administering the Code by the national and district boards shall be borne by those subject to such boards, each paying his proportionate share, as assessed, computed on a tonnage basis, in accordance with regulations proscribed by such boards with the approval of the Commission.
PART II. MARKETING.–The national, district board, and code members shall accept the jurisdiction of the Commission to approve or to fix minimum and maximum prices as follows:
(a) The Commission shall ascertain the cost of production free on board the mines, including the cost of labor, supplies, power, workmen's compensation, taxes, insurance, administration, and all other direct expenses of production, but not including depreciation or depletion, in each of the producing districts as defined herein. The average cost free on board the mines thus ascertained for the period for each district taken to the next highest even cent per ton, shall be announced by the Commission not later than March 1 of each year as the fair minimum market price in each such district during the ensuing twelve months beginning April 1. The determination of cost for each year beginning April 1 shall be based on the actual costs for the preceding calendar year, adjusted, if necessary, to compensate for any changes in wage rates, hours, or other basic cost factors.
(b) With the adoption of the Code the several district boards shall respectively submit for the approval of the Commission a list of maximum prices free on board the mine for coal and grades of coal produced within the district. Upon failure of a district board on demand of the Commission to submit such lists and the information upon which the prices predicated, or upon the refusal of the district board to modify any such maximum price or prices, the Commission is authorized to fix the same at not less above the minimum prices as will provide a fair return upon the investment and with the view of permitting competition within the bracket of minimum and maximum prices. Twenty days' notice in writing shall be given to any Code member to be affected by the order of the Commission, and at such hearing anyone in interest may be heard. Upon approval of prices submitted or order fixing the same, notice thereof shall be mailed to each Code member in the district and no coal shall be sold free on board the mine by any Code member within the district at less than the minimum or more than the maximum price so found : Provided, That such price bracket shall be for periods of six months ending the last day of March and September of each year: And provided further, That a Code member may sell coal for less than the minimum prices for the use of persons employed in and about the mines.
(c) The Commission may require reports from producers and may use such other sources of information available as it deems advisable: Provided, That no information obtained from a producer disclosing costs of production or sales realization shall be made public without the consent of the producer
ed by the national organization of employees representing the umber of employees in the industry. Each district board shall members, five of whom shall be producers elected for a term of the coal producers of such district voting in the proportion of innage output for the preceding calendar year, and one of whom nber selected by the national organization of employees, above uch district, I and district boards shall each have power to adopt bylaws rocedure, subject to approval by the Commission, and to appoint heir own membership, to fix their terms and compensation to orts, and to employ such committees, employees, arbitrators, and necessary to effectuate their purposes. The territorial boundaries ach twenty-four districts are set forth in the schedule entitled
annexed to this Act: Provided, That the territorial boundaries y district or districts may be changed or districts may be divided 1, after hearing, by the Commission. tional board shall determine the standard maximum tonnage the various districts, in doing which equal consideration shall roduction history of the district as shown by its average annual 918 and its current service as shown by its output for 1934. The
thus determined shall be combined and the proportions thereof ctive districts shall fix the maximum district tonnage and be xing subsequent periodic district allotments. District allocations made by the national board, if reasonably necessary, to cover act natural character or 'use, if suggested by any district board
tional board shall from time to time as directed by the Comte to each district a periodic maximum output marketable for ter the district board is given an opportunity to submit its own e tonnage' which the owners in the district believe they will be e of during the period contemplated and all such estimates shahl the other district boards. Such periodic allotments to the various maintain the relative proportions fixed by the standard allocation. istrict board be dissatisfied with the periodic allocation, it may ter to the Commission which may increase such periodic maxion upon finding that the current market requirements for the of such district and/or the current market seryice of the coal ich district warrant such increase in the public interest. strict boards shall determine the proportions of the standard nage for each mine within the respective districts, to be based on annual output of the mine since the year 1929 in its relation rd maximum allotted such districts: Provided, That in the first quotas to mines, if it appear that the 'mine or mines of any been closed during said years and its or their market service nsferred to another mine or mines of such producer in such uota assignable to such closed mine or mines shall, on application er, be added to the quota or quotas of the mines' of said producer
operation. Separate mine quotas may thus be made by the Is, if reasonably necessary, to cover coals of distinct character, y the national board. strict board shall determine, for such periods as the Commission eriodic quotas in proportion of the standard tonnage, which each inės in the district is allowed to prodúce: Provided, (1) That in in which a standard tonnage has been determined for any class parate quota may be fixed as respects that class; and (2) that respects coal or any class of coal shall be according to the proe standard tonnage of coal, or of the class of coal, as the case d for the coal mines in the district.
producer is aggrieved by the decision of the board as to the a allotted a mine, he may submit his grievance to the Commission give notice to the district board and grant 'a hearing thereon. that the current market requirements for any coal or grades of 1 at such mine and/or the current market service of the product 7, reasonably warrants an increase in the quota therefor in the st, the Commission may so order.
and places of the taking of evidence or the hearing of the causes and its finding of facts supported by any proper evidence shall be conclusive upon reyiew thereof by any court of the United States. It shall transmit its findings and order to the parties interested and to the Commission.
(e) The Labor Board shall have authority 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) The Board may offer its services as mediator in any dispute between a producer and its employecs where such dispute is not determinable 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 Board may arbitrate the matter submitted.
(g) Whenever the maximum daily and weekly hours of labor are agreed upon in any contract or contracts negotiated between the producers of more than one-half the annual national tonnage and the representatives of more than one-half the mine workers employed, such maximum 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 the majority of its annual tonnage production and representatives of the majority of the mine workers therein belonging to a recognized national association of mine workers, shall be filed with the Labor Board and shall be accepted as the minimum wages for all such classifications of labor by the Code members operating in such district or group of districts.
ORGANIZATION OF THE CODE
SEC. 5. Upon the appointment of the Commission it shall at once assist in the formulation of said Code and the organization of the national and district boards as provided for in section 4, and shall prepare and supply forms of acceptance for membership therein to be executed and acknowledged before any official authorized to take acknowledgments by all coal producers in the United States. The membership of any such coal producer in such Code and his right as such to a drawback on the taxes levied under section 5 of this title, may be revoked by the Commission after a hearing, with thirty days' written notice to the member, upon proof that such member has failed or refused to comply with any duty or requirement imposed upon him by reason of his membership; and in such a hearing any party in interest, including the national and district boards, other members, consumers, employees, and the Commissioner of Internal Revenue, shall be entitled to present evidence and be heard.
The Commission shall keep a record of the evidence heard by it in any proceeding to cancel or revoke the membership of any coal producer in said Code and its finding of facts if supported by any proper evidence shall be con, clusive upon any proceeding to review or restrain the action and order of the Commission in any court of the United States.
When the alleged violation of the Code relates to the provisions of part III of section 4 of this title, the Commission shall accept the certified findings and orders of the Bituminous Coal Labor Board and inquire into the compliance or noncompliance of the code member with respect thereto.
Any producer whose membership in the Code and whose right to a drawback on the taxes as provided under this title has been canceled, shall have the right to have his membership restored upon payment by him of all taxes in full for the month or months during which it was found by the Commission that his violation of the Code had occurred.
SEC. 6. All provisions of the law, including penalties, relating to the collection of 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. 7. The members of the Commission and of the Bituminous Coal Labor Board are authorized to administer oaths to witnesses appearing before their respective boards; and, for the purpose of conducting its investigations, said
e same is obtained except where such disclosure is warranted
r to promote the service of consuming markets by competitive ommission may adopt rules not in conflict with this Act whereby ; and/or marketing agencies may provide for fair competitive ctices in such markets. All such agreements shall be submitted coved by the Commission and upon such approval shall be bindde members within the districts or marketing agencies so agreeThat if any district board or marketing agency or code member i by such agreement as to fair market prices and practices, or o reach any agreement with respect thereto, he or it shall have y such grievance before the Commission which shall give twenty
writing to all parties in interest and proceed to hear such comsuch hearing the Commission shall consider the grades, chars, and use values of the coals involved and the current demands le market or markets under consideration, and may confirm,
such price or prices upon the basis of establishing a fair and ationship in the delivery price of such coal or coals: Provided, livery prices shall be made with due regard to the minimum
mine prices established as hereinabove provided. ABOR RELATIONS.—To effectuate the purposes of this Act, the listrict boards and code members accept the following conditions 7 contained in said Code; ees shall have the right to organize and bargain collectively sentatives of their own choosing, and shall be free from interint, or coercion of employers, or their agents, in the designation entatives or in self-organization or in other concerted activities e of collective bargaining or other mutual aid or protection; and nd no one seeking employment shall be required as a condition : to join any company union. ees shall have the right of peaceable assemblage for the discusinciples of collective bargaining; shall be entitled to select their ghmen to inspect the weighing or measuring of coal, and shall d as a condition of employment to live in company houses or to core of the employer. ninous Coal Labor Board, consisting of three members, shall be che President of the United States to be assigned to the Depart1. The chairman shall be an impartial person with no financial : industry, or connection with any organization of the employees. nembers, one shall be a representative of the producers and one resentative of the organized employees, each of whom may retain
interest in the industry or relationship to the organization of he Board shall, without regard to the provisions of the civilappoint a secretary and necessary clerical and other assistants. shall serve for a period of five years and until their successors nd shall each receive compensation at the rate of $12,000 per (penses. Decisions of the Board may be by a majority thereof. tuminous Coal Labor Board shall sit at such places as it duties may appoint an examiner to report evidence for its finding in
It shall notify the parties to any disputes of the time
Commission or the said Labor Board shall have full power to issue subpenas and subpenas duces tecum, which shall be as near as may be in the form of subpenas issued by District Courts of the United States. In case any person shall fail or 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, shall have full power to punish for contempt as in other cases of refusal to obey the process and order of such court.
SEC. 8. Should any producer or producers of bituminous coal not accept and maintain membership under the Code set out in section 4 of this title, 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 rights of selforganization 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 title.
Sec. 9. State laws regulating the mining of coal not inconsistent herewith are not affected by this Act.
Sec. 10. No certificate of convenience and necessity authorizing the extension of railroad facilities shall be made by the Interstate Commerce Commission for the service of any mine producing bituminous coal for the commercial markets except upon the approval of the National Bituminous Coal Commission.
Sec. 11. Every corporation engaged in mining bituminous coal which ships its coal in interstate commerce either directly or through a subsidiary or an agent, or which uses the mails or other means of communication in interstate commerce to dispose of such coal, shall be subject to, and, as a prerequisite to its right as a corporation to engage in interstate transactions, shall file with the Commission its acceptance of the provisions of title I of this Act.
Sec. 12. If any provisions of this title, or the application thereof to any person or persons, is held invalid, the remainder of the title and the application of such provisions to other persons or circumstances shall not be affected thereby.
OTHER DUTIES OF THE COMMISSION
s of the taking of evidence or the hearing of the causes and its findcts supported by any proper evidence shall be conclusive upon reeof by any court of the United States. It shall transmit its findings
to the parties interested and to the Commission, e Labor Board shall have authority to determine whether or not an ion of employees has been promoted, or is controlled or dominated ployer in its organization, management, policy, or election of repre$; and for the purpose of determining who are the freely chosen atives of the employees the Board may order and under its supervision uct an election of employees for that purpose. The Labor Board may code member to meet the representatives of its employees for the of collective bargaining. e Board may offer its services as mediator in any dispute between a
and its employees where such dispute is not determinable by the set up in a bona fide collective contract; and upon the written subby the parties requesting an award on a stated matter signed by the redited representatives of the employer and employees, the Board trate the matter submitted. henever the maximum daily and weekly hours of labor are agreed any contract or contracts negotiated between the producers of more -half the annual national tonnage and the representatives of more -half the mine workers employed, such maximum hours of labor shall ted by all the Code members. The wage agreement or agreements ed by collective bargaining in any district or group of two or more
between representatives of producers of the majority of its annual production and representatives of the majority of the mine workers belonging to a recognized national association of mine workers, shall with the Labor Board and shall be accepted as the minimum wages such classifications of labor by the Code members operating in such or group of districts.
ORGANIZATION OF THE CODE
5. Upon the appointment of the Commission it shall at once assist in nulation of said Code and the organization of the national and district as provided for in section 4, and shall prepare and supply forms of nce for membership therein to be executed and acknowledged before cial authorized to take acknowledgments by all coal producers in the States. The membership of any such coal producer in such Code right as such to a drawback on the taxes levied under section 5 of this ay be revoked by the Commission after a hearing, with thirty days'
notice to the member, upon proof that such member has failed or reo comply with any duty or requirement imposed upon him by reason of mbership; and in suc hearing any party in interest, including the i and district boards, other members, consumers, employees, and the ssioner of Internal Revenue, shall be entitled to present evidence and be
Commission shall keep a record of the evidence heard by it in any ling to cancel or revoke the membership of any coal producer in said nd its finding of facts if supported by any proper evidence shall be con
upon any proceeding to review or restrain the action and order of the ssion in any court of the United States. in the alleged violation of the Code relates to the provisions of part III ion 4 of this title, the Commission shall accept the certified findings and of the Bituminous Coal Labor Board and inquire into the compliance compliance of the code member with respect thereto. producer whose membership in the Code and whose right to a drawback
taxes as provided under this title has been canceled, shall have the right e his membership restored upon payment by him of all taxes in full for onth or months during which it was found by the Commission that his on of the Code had occurred, 6. All provisions of the law, including penalties, relating to the collecf taxes, shall insofar as applicable and not inconsistent with the pro$ of this Act, be applicable with respect to tases imposed under this Act.
7. The members of the Commission and of the Bituminous Coal Labor
are authorized to administer oaths to witnesses appearing before their Etive boards; and, for the purpose of conducting its investigations, said
SEO. 13. The Commission shall study and investigate the matter 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
(2) The safe operation of mines for the purpose of minimizing working hazards, and for such purpose as 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 recommendation 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
Sec. 14. Upon substantial complaint that bituminous coal prices are excessive and oppressive of consumers, or that the national board or any district board, or producers' marketing agency, is operating against the public interest, or in violation of this title, the Commission may bear such complaint, or appoint a committee to investigate the same, and its findings shall be made public; and the Commission shall make proper orders within the purview of this Act so as to correct such abuses.