Amendment to code of fair competition for the concrete masonry industry as approved on October 10, 1934

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Title:
Amendment to code of fair competition for the concrete masonry industry as approved on October 10, 1934
Physical Description:
10 p. : ; 23 cm.
Language:
English
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United States -- National Recovery Administration
Publisher:
Supt. of Documents
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Washington, D.C
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Subjects / Keywords:
Concrete masonry -- Law and legislation   ( lcsh )
Masonry industry -- Law and legislation   ( lcsh )
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federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
"1011-1-02, Code no.133, Amend. no.2"

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Source Institution:
University of Florida
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All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004848986
oclc - 63654988
sobekcm - AA00006356_00001
System ID:
AA00006356:00001

Full Text
UNIVERSITY OF FLORIDA

III 3 IIIIIIII11 11111111 111126 1111108482 9059II
3 1262 08482 9059


ndinent No. 2


Registry No. 1011-1-02


NATIONAL RECOVERY ADMINISTRATION


AMENDMENT TO


CODE OF FAIR COMPETITION


FOR THE


CONCRETE MASONRY INDUSTRY


AS APPROVED ON OCTOBER 10, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934

























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washingiton, D. C., and by district offices of the Bureau of
Foreign and Domestic Commerce.

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Approved Code No. 133-Amendment No. 2


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

CONCRETE MASONRY INDUSTRY

As Approved on October 10, 1934


ORDER

APPROVING AMENDMENT TO THE CODE OF FAIR COMPTIIIITION FOR THE
CONCRETE MASONRY INDUSTRY
Al application having been duly made puriiant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to the Code of Fair Competition for the Concrete Masonry
Industry, and hearings having been duly held thereon and the
annexed report on said amendment, containing findings with respect
thereto, having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, we, the National Industrial Recovery Board, pursuant to au-
thority vested in us by Executive Orders of the President, including
Executive Order No. 6859, dated September 27, 1934, and other-
wise; do hereby incorporate, by reference, said annexed report and
do find that said amendment. and the Code as constituted after being
amended comply in all respects with the pertinent provisions and
will promote the policy and purpose of said Title of said Act, and
do hereby order that said amendment be and it is hereby approved,
and that the previous approval of said Code is hereby amended
to include an approval of said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LYNCH, Administrative Officer.
Approval recommended:
WAYNE P. ELLS,
Acting Divi sion Administrator.
WASHINGTON, D. C.,
October 10, 1934.
90623--1244-31-34 (1)












REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
Sn: An application has been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, for an amendment to the Code of Fair Competition
for the Concrete Masonry Industry, submitted by the Code Author-
ity for the Concrete Masonry Industry.
The purpose of this amendment is primarily to clarify and
strengthen a number of provisions in the Code and to permit the
inclusion of sub-divisions of the Industry at. a later date. Existing
provisions have been revised, and new provisions have been added
to more effectively create employment, protect wage payments, per-
mit employment of handicapped persons, prevent reclassification of
labor through subterfuge, prevent. improper dismissal of employees,
and provide for the safety and health of employees. The provisions
relating to administration have been completely re-written for clar-
it.y and to conform to existing policy, and recommended procedure.
The provisions relating to secret rebates and commercial bribery
have been revised for clarity and to conform with Administrative
policy. The provision relating to price listing has been revised to
make such lists available for inspection of all interested parties.
The effect of the amendment. is briefly that the position of the em-
ployee in the Industry is strengthened and his welfare given more
protection, and that the administration of the Code may proceed
along more definite and constructive lines.
FINDINGS
The Deputy Administrator in his final report to us on said amend-
ment to said Code having found as herein set forth and on the basis
of all the proceedings in this matter;
We find that:
(a) The amendment, to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of ob-
structions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the gen-
eral welfare by promoting the organization of Industry for the pur-
pose of cooperative action among trade groups by inducing and
maintaining unit action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undlue restric-
tion of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
(2)








through increasing purchasing power, by labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent. provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the Industry as a whole.
(d) The amendment and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed
to and( will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
a amendment.
For these reasons, therefore, we have approved this amendment.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LYuNcH, Adnihistrathve Officer.
OCTOBE 1). 1 934.












AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE CONCRETE MASONRY INDUSTRY

AMENDMENT NO. 1

Article II. Section 1, entitled "Industry" to be amended to read
as follows:
"The term 'Industry' as used herein includes the manufacture,
and sale by those who manufacture, of block, brick, or tile building
units made of Portland Cement Concrete, primarily for structural
use, and such related branches or sub-divisions as may from time to
time be included under the provisions of this Code ".

AMENDMENT No. 6

Article III, Section 2 (c) to be amended by re-writing the Section
as follows:
"Watchmen, provided no such employees shall be permitted to
work in excess of fifty-six (56) hours in any one week; provided
further, however, that in idle plants not operating and which have
not operated for the previous two weeks, watchmen shall not be per-
mitted to work in excess of sixty-four (64) hours in any one week."

AMENDMENT No. 7

Article III to b1 aniinded by adding the following new Section
as Section 7:
"Standards as to the maximum hours of labor, minimum rates of
pay, and such other conditions of employment as may be necessary to
effectuate the policies of Title I of the Act. may be established for
any area by mutual agreements between employers and employees ar-
rived at and approved pursuant to the provisions of Section 7 (b)
of the Act, provided that the wage and hour provisions of such agree-
ment shall not be less favorable to employees than the wage, hour
and other labor pr,1ovisions established in this Code."

AMENDMENT No. 8

Article IV. Section 2 (d) to be amended by substituting the fol-
lowing therefore:
These wages shall e exempt from any payments or pensions,
insurance or sick benefits, other than those voluntarily paid by the
wage earners, or required by law, and such wages shall be paid in
lawful currency or by negotiable check, payable on demand. Pay
periods for wages shall be at least weekly, and for salaries at least
monthly. lihe employer or his agent shall accept no rebates di-
rectly or indirectly on such wages ";







and by adding a new Section, Section 3 as follows:
"A person whose earning capacity is limited because of age,
physical or mental handicap, or other infirmity, may be employed
on light work at a wage below the minimum established by this Code,
if the employer obtains from the State Authority, designated by the
U. S. Department of Labor, a certificate authorizing such person's
employment at such wages and for such hours as shall be stated in
the certificate. Such authority shall be guided by the instructions
(f the U. S. Department of Labor in issuing certificates to such
persons. Each employer shall file monthly with the Code Authority
a list of all such persons employed by him, showing the wages paid
to, and the maximum hours of work for, sI..Il employee."

AMENDMENT No. 9
Article V, Section 4 to be amended by striking out present Sec-
tion 4 in the Code and substituting the following therefore:
Reclassificatioin.-Eimploers shall not reclassify employees or
duties of occupations performed by employees so as to defeat the
purposes of the Act or of this Code, nor engage in any other subter-
fuge for such purposese."
AMENDMENT No. 10
Article V, Section 5 to be amirnded by adding certain words
thereto in order that the complete Section as amended shall read as
follows:
Each employer shall provide for the safety and health of his
employees. He shall not be relieved from complying with all na-
tional, state, and local ordinances and provisions of safety measures
referring to safety and health measures and the welfare of em-
ployees insofar as the same may apply to his special type of work,
nor from protecting his employees by workmen's compensation in-
surance. Standards for safety and health shall be submitted by
the Code Authority to the Administrator for approval within three
(3) months after the effective date of this ame edment."
AMENDMENT NO. 11
Article V to be amended by adding thereto the following section,
as Section 8:
No employee shall be dismissed or demoted for making a com-
plaint or giving evidence with respect. to an alleged violation of
this Code."
AMENDMENT No. 12
Article IV, Section 1 (a)-Amend by striking out the words:
"No factory or mechanical worker or artisan ", and substituting
therefore the words: "Except as provided in subsections (b) and (c)
of this Section, no employee ", so that Section 1 (a) will read as
follows:
Except as provided in Subsections (b) and (c) of this Section,
no employee shall be paid at. less than at the rate of forty (40) cents
per hour, except that in Region Number 4 as defined in Article VI
of this Code, the minimuni shall be thirty (30) cents per hour."







AMENDMENT NO. 13

Delete the whole of Article VI, with exception of Section 14 as
amended August 13, 1934, and substitute in lieu thereof the fol-
lowing:
"Article VI-Administration.
SECTION 1. Regions.-To facilitate administration, the industry
shall be divided into five regions, as follows:
(1) Maine, Vermont, New Hampshire, New York, Massachusetts,
Connecticut, Rhode Island.
(2) Pennsylvania, Maryland, New Jersey, Delaware, District of
Columbia, West Virginia.
(3) Indinna, Michigan, Wisconsin, Kansas, Illinois, Minnesota,
Iowa, Ohio, Missouri, North Dakota, South Dakota, Nebraska.
(4) Texas, Oklahoma, Arkansas, Louisiana, Kentucky, Tennessee,
Mississippi, Virginia, North Carolina, South Carolina, Georgia,
Alabama., Florida.
(5) Arizona, California., Colorado, Idaho, Montana, Nevada, Wyo-
ming, New Mexico, Oregon, Utah, Washington.
SECTION 2. The regions as established in Section 1 above may be
revised and/or subdivided upon application by the Code Authority
and approval by the Administrator.
SECTION 3. A Code Authority is hereby established for the ad-
ministration of this Code, and shall consist of eight (8) members
to be elected as hereinafter provided, together with such additional
members as may be required to represent new divisions as provided
in Section 13 (b) of this Article. In addition to the membership as
above provided there may be three (3) members, without vote, to
be known as Administration Members, to be appointed by the Ad-
ministrator to serve for such time as he may specify.
SECTION 4. The Code Authority shall be elected in the following
manner: The members of the Industry in each division shall, by a
fair method of election to be approved by the Administrator, select
its representatives to serve as members of the Code Authority, and
the proportionate representation of each division on the Code
Authority shall be based on the relative annual production (or vol-
ume of business) of the members of the Industry in each division.
In the event of any vacancy occurring, the Code Authority shall elect
a member to fill such vacancy, provided that the proper representa-
tion of each division is maintained.
SECTION 5. Each trade or industrial association directly or indi-
rectly participating in the selection or activities of the Code Author-
itv or of any regional or subregional administrative committee shall:
(i) impose no inequitable restriction on membership, and (2) sub-
mit to the Administrator true copies of its articles of association,
by-laws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities, as the Administrator may deem necessary to effectuate
the purposes of the Act.
SECTION Q. In order that the Code Authority shall at all times be
truly representative of the Industry and in other respects comply
with the provisions of the Act, the Administrator may provide such
hearings as he may deem proper; and thereafter if he shall find that







the Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, may require an p-
propriate modification in the method of selection of the Code
Authority.
SECTION 7. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor
shall any member of the Code Authority be liable in any manner
to anyone for any act of any other member, officer, agent, or em-
ployee of the Code Authority. Nor shall any member of the Code
Authority be liable to anyone for any action or omission to act under
the Code, except for his own willful malfeasance or nonfensance.
SECTION S. If the Administrator shall at any time determine that
any action of a Code Authority or any agency thereof may be un-
fair or unjust or contrary to the public interest, the Administrator
may require that such action be suspended to afford an opportunity
for investigation of the merits of such action and further considera-
tion by such Code Authority or agency pending final action which
shall not be effective unless the Administrator approves or unless
he shall fail to disapprove after thirty (30) days' notice to him
of intention to proceed with such action in its original or modified
form.
SECTION 9. Subject to such rules and regulations as may be issued
by the Administrator, the Code Authority shall have the following
powers and duties, in addition to these authorized by other provi-
sions of this Code.
(a) To insure the execution of the provisions of this Code and to
provide for the compliance of the industry with the provisions of
the Act.
(b) To adopt by-laws and rules and regulations for its procedure.
(c) To obtain from members of the industry such information
and reports as are required for the administration of the Code. In
addition to information required to be submitted to the Code Au-
thority, members of the industry subject to this Code shall furnish
such statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 3 (a) of the Act to such
Federal and State Agencies as he may designate; provided that
nothing in this Code shall relieve any member of the industry of
any existing obligations to furnish reports to any Governmental
Agency. No individual report shall be disclosed to any other mem-
ber of the industry or any other party except to such other Gov-
ernmental agencies as may be directed by the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Au-
thority of its duties or responsibilities under this Code and that such
trade associations and agencies shall at all times be subject to and
comply with the provisions hereof.
(e) To make recommendations to the Administrator for the co-
ordination of the administration of this Code and such other Codes,
if any, as may be related to or affect members of the industry.
(f) The Code Authority may present to the Administrator recom-
mendations based upon conditions in the industry as they may de-
velop from time to time, which recommendations will tend to ef-







fectuate the operation of this Code and the policies of the Act.
Such recommendations, upon approval by the Administrator, shall
become effective as a part of this Code.
(g) To recommend to the Administrator any action or measures
deemed advisable, including further fair trade practice provisions
to govern members of the industry in their relations with each other
or with other industries; measures for industrial planning, and stab-
ilization of employment; and including modifications of this Code
which shall become effective as part hereof upon approval by the
Administrator after such notice and hearing as he may specify.
(h) To provide appropriate facilities for arbitration by the mem-
bers of the Industry, and subject to the approval of the Adminis-
Irator. to prescribe rules of procedure and rules to affect compliance
with awards and determinations.
SECTION 10. Regional Committees.-Members of the Industry in
any division in any region, as defined in Section 1 of this Article,
may establish Regional Committees by means of some fair method
of election, subject to the approval of the Code Authority and the
Administrator. The Code Authority on its own motion may, or
upon petition of 25 per cent of the members of the industry in any
division in any region shall, call a meeting of all the members of the
industry in any division in any region for the purpose of organizing
and electing a Regional Committee.
SECTION 11. Sub-Regional Committees.-If, in pursuance of Sec-
tion 2 of this Article, any region may be divided into sub-regions,
each such sub-region may establish a Sub-Regional Committee by
means of some fair method of election, subject to the approval of the
Code Authority and the Administrator.
SECTION 12-a. Regional and Sub-Regional Committees elected in
conformity with Sections 10 and 11 of this Article shall have such
powers and duties as may be delegated by the Code Authority, pro-
vided, however, that all minutes and records shall be filed with the
Code Authority, and provided, further that any action of any such
committee shall be subject to the review and disapproval of the Code
Authority.
SECTION 12-b. The Code Authority may use such trade associa-
tions and other agencies as it deems proper for the carrying out of
any of its activities provided for herein and to pay such trade asso-
ciations and agencies the cost thereof, provided that nothing herein
shall relieve the Code Authority of its duties or responsibilities under
this Code and that such trade associations and agencies shall at all
times be subject to and comply with the provisions hereof.
SECTION 13-a. For the purpose of the election of the Code Author-
ity and to facilitate the administration of this Code, the following
divisions of the industry are hereby established.
(1) The Cinder Unit Division, which shall consist of those mem-
bers of the Industry who manufacture block, brick or tile building
units, primarily for structural use, in which the aggregate chiefly
used is cinders.
(2) The Concrete Masonry Unit Division which shall consist of
those members of the industry who manufacture block, brick or tile
building units, primarily for structural use, in which the aggregate
used is chiefly other than cinders.








SECTION 13-b. Divisions of the Industry may be established upon
application to the Administrator by truly representative associa-
tions or groups after such hearing and notice as he may prescribe,
and such divisions shall have representation on the Code Authority
in equitable proportion to the other divisions represented on the
Code Authority, and such members. of the Code Authority shall be
elected by a method to be approved by the Administrator.
SECTION 13-c. Each Member of the Industry shall make such
sworn reports to the Code Authority as to wages, hours of Iabn-r,
number of employees, production, stocks on hand, sales, and such
other matters as the Code Authority may require for the adminis-
tration of this Code.
SECTION 13-d. Each Member of the Industry shall keep iaccurate
and complete records of its transactions in the Industry whenever
such records may be required under any of the provi~,'iis of this
Code, and shall furnish accurate reports based upon such records
concerning any of such activities when required by the Code Author-
ity or the Administrator. If the Code Authority or the Admin-
istrator shall determine that substantial doubt exists as to the
accuracy of any such report, so much of the pertinent. books, rec-
ords and papers of such Member as may be required for the veri-
fication of such report may be examined by an impartial agency,
agreed upon between the Code Authority and such Member, or, in
the absence of agreement, appointed by the Administrator. In
no case shall the facts dis-closed by such examination be made
available in identifiable form to any competitor, whether on the Code
Authority or otherwise, or be given any other publication, except
such as may be required for the proper administration or enforce-
ment of the provisions of this Code.
AMENDMENT No. 16

Article VII, Section 1 (c). Amend by striking out second word,
"define ", and substituting tiherefor the word, defame ", in order
that sub-section may read as follows: "To defame a competitor by
words or acts, falsely imputing to him dishonorable conduct, inabil-
ity to perform cnntract-, or questionable credit standing, or by the
false disparagement of the grade or quality of his products."
AMENDMENT NO. 17

Artil'e VII, Section 1 (i) and Section 1 (j). Amend by striking
out sub-sections (i) and (j) and sul,-tituting therefore the following:
"(i) Secrt Rebates.-To secretly offer or make any payment of
allowance of a rebate, refund, commission, credit, unearned discount
or excess allownvnce, whether in the form of money or otherwise. nor
to secretly offer or extend to any customer any spe-:ial service or
privilege not extended to all customers of the same class for the
purpose of influencing a sale."
"(j) Commnoercial Bribery.-To give, permit to be given or directly
offer to give, anything of value for the purpose of influencing or
regarding the action of any employee, agent or representative of
another in relation to the business of the employer of .s.ch employee,








the principal of such agent or the represented party, without tile
knowledge of such employer, principal or party. This provision
shall not be construed to prohibit free and general distribution of
articles commonly used for advertising except so far as such articles
are actually used for commercial bribery as hereinabove defined."

AMENDMENT No. 19

Amend Article VII, Section 3 by changing the period in Line 6
to a semi-colon and add thereafter the following words:
Such price lists or copies thereof to be made available during
all business days for the inspection of any and all interested par-
ties."; and by substituting the following for the first sentence in the
second paragraph of Section 3 of Article VII:
"The Code Authority shall immediately send copies thereof to
all such members of the Industry and their customers :is shall apply
therefore and defray the cost thereof'"; in order that. the revised
Section 3 of Article VII shall read as follows:
Published Prices.-Each member of the Industry shall publish
and distribute to the trade his price lists for sales to consumers
and/or middlemen for various types, kinds, and grades of products
of the Industry, which shall include credit terms, trade and cash dis-
counts, schedules of freight and cartage charges; copies of which
shall at the same time be submitted to the Code Authority; such
price lists or copies thereof to be made available during all business
days for the inspection of any and all interested parties.
The Code Authority shall immediately send copies thereof to all
such members of the Industry and their customers as shall apply
therefore and defray the cost thereof. Any revision of such price
lists or other such information which may be thereafter made, shall
be published to the trade and filed with the Code Authority to be-
come effective on the date specified, but such revised price lists shall
be filed at least five days in advance of the effective date Failure
to adhere to such published price lists, discounts, terms, or other
conditions of sale, shall constitute an unfair method of competition."
Approved Code No. 133-Amendment No. 2.
Registry No. 1011-1-02.