NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COM~PETITION
CEMENT GUN CONTRACTORS
For sale hr the Superintendent of Documents, Washington, D.C. Price 5 cents
Approved Code No. 244-Su1pplement No. 4.
Registry No. 1616--2--22
WE DO OUR PART
GOVERNMENT PRINTING OFFICE
(A Division of the Construcrtion Industry)
AS APPROVED ON 1MARCHI 21, 1934
This pu~bliation is for sale by the Baperintendent of Documents, Govenmaent
Printing Ofilee, Waabington, D.C., and by district oflces of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMM~YERCH
Atlanta, Ga.: lio4 Post oflice Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass. : 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, 8.O.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mlich.: 801 First National Banlk Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225A, Custombouse.
New York, N.Y.: 734 Customhouse.
Norfolkr, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Offle Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Battle, Wash.: 800 Federal Office Building, I
Approved Code No. 244--Supplement No. 4
SUPPLEMENTARY CODE OF FAIR COMPETITION
CEMIENT GUN CONTRACTORS INDUSTRY
As Approved on March 21, 1934
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THIE CEMLENT GUx
A DIVISION OF THE CONSTRUCTION INDUSTRY
An application havFing been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, and pursuant to and in full
compliance with the provisions of Section 5 of Article VIII of Chapter I
of the Code of Fa~ir Competition for the Construction Industry, ap-
proved January 31, 1934, for approval of ChaLpter V of said Codie,
which Chapter V is applicable to the Cement Gun Contractors Divi
sion of the Construction Industry, and le~arings havringa been held
thereon and the annexed report on said Code, containing findings with
respect thereto, having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Indulstrial Recovery,
pursuant to authority vested in me by Executiv-e Orders of the Presi-
dent, including Exsecutive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said annexed
report a~nd do find that said Chapter complies in all respects with the
pertinent provisions and will promote the policy and purposes of said
Title of said Act; and do hereby order that said Chapter V be and it is
hereby approved and that the previous approval of said Code of Fair
Competition for the Construction IndustryT is hereby modified to
include an approval of said Code in its entirety as supplemented by
said Chapter V.
HUGH S. JoHNSON,
Administrator for Industrial Recovery.
GEO. L. BERRY,
REPORT TO THE PRESID;IMEN
The Rhite House.
SIR: This is a report on Chapter V of the Code of Fair Competition
for the Construction Industry, which Chapter is a revision, after
Public Hearings conducted in Washington on Septembde 11l', 1933,
and on November 20, 1933, of a Code of Fair Competition for Cement
This Chapter, applicable specifically to the Cement Gun Contrac-
tors Division of the Construction Industry, supplements the basic
Code of Fair Competition for the Construction Industry, described
as Chapter I of such Code, which was approved by you on January
31, 1934. The hearings were conducted ml accordance with the. pro-
visions of the National Industrial Recovery Act.
The Cement Gun Contractors are a component and an important
part of the Construction Industry. The Industry is a special one,
doing cement work by a pneumatic method. Most of the employees
require special training. It is ran important item in the construction
of and repairs to architectural and engineering structures, such as
buildings, bridges, dams and other types of construction.
PROVISIONS FOR IIOURB AND WAP~GEBS
The provisions for hours and wages are set out in Chapter i of
the Construction Code, which was approved b~y you on January 31,
1934, and the same provisions, with certain additional exceptions
beneficial to employees, are applicable, under this Chapter, to the
Cement Gun Contractors Division.
ECONOMIC EFFECT OF THE CODE
The volume of work performed ranged from $7,000,000 in 1928 to
$10,000,000 in 1930. The number of employees ranged from 2,000
in 1928 to 3,000 in 1931. Volume of work performed in 1931 and
1932 was $7,000,000 and 86,000,000 respectively. Employees fotr
these years numbered 3,000 and 2,000 respectively. It is safe to say,
that with the prohibition of unfair trade practices, and the establish-
ment of minimum rates of pay and maximum hours of work that
more wholesome conditions will take form in this Industry and that
employers, employees, and a part of the public will be benefited.
From the decrease in working hours and the estatblishme~nt of a
minimum rate of pay, it is expected that employment will be increased
at least twenty-five (25) percent and that the purchasing power of the
employees will be correspondingly increased.
The Deputy Administrator in his final report to me on Chapter V
of the Cod~e of Fair Competition for the Const~ruct~ion Industry as
modified by the addition thereto of said Chapter V, having found as
herein set forth and on the basis of all the proceedings in this matter:
I find that:
(a) Said Chapter V and said Code of Fair Competition for the Con-
struction Industry, as modified by the addition thereto of said Chapter
V, are well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act, including removal of obstrue-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof and will provide for the general welfare
by promoting the organization of Industry for the purpose of cooper-
atxve action among the trade groups, by inducing a~nd maint.ainmng
united action of labor and management under adequate governmental
sanctions and supervision, by eliminating unfair competitive practices,
by promoting the fullest possible utilization of t~he present productive
capacity of industries, by avoiding undue restriction of production
(except as may be temporarily required), by increasing the consump-
tion of industrial and agricultural products th rough increasingo pur-
chasing power, by reducing and relievring unemployment., by- impyrovmg
standards of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 employees,
and is not classified by me as a major industry.
(c) Said Chapter V and the Code of Fair Compet~ition for the Con-
struction Industry as modified by the addition thereto of said Chapter
V, as approved, comply: in all respects with the pertinent provisions of
said Title of said Act, including without limitation sub-section (a) of
Section 3, sub-section (a) of Section 7, and sub-section (b) of Section 10
thereof ; and that the applicant association is an industrial association
truly representative of the aforesaid Industry; and that said associa-.
tion imposes no equitable restrictions on admission to membership
(d) Said Chapter V and the Code of Fair Competition for the Con-
struction Industry as modified by the addition thereto of said Chapter
V, are not designed to and will not permit monopolies or monopolistic
(e) Said Chapter V and the Code of Fair Comnpetition for the Con-
struction Industry as modified by the addition thereto of said Chapter
V, are not designed to and will not eliminate or oppress small enter-
prises 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
Chapter V and of said Code as modified by the add~itiozil hereto of
this Chapter V thereof.
For these reasons, therefore, I have approved said Chapter V of
the Code of Fair Competition of the Construct~ion Indulstrys.
HUGH S. JOHNSON,
lifARCHI 21, 1934.
S;UPPLE~MENT~ARY CODE ~OF` FA6 .CO~MPETITION. FOR
THE CEMENT GUN CONTRACTOR&S INDUSTRYY :
A DIVIBION OF THE CONSTRUCTION IJNDUSTRY
ARTICLE I-REFERENCE TO PROVISIONs or CHAPTER'
All provisions of Ch~apter I of this Code, except as herein provided',
apply within this division with the samke force and effect as is set
forth herein in full. The provisions of Sections 7 (a) and 14 (b') of
th'e Act which are set forth in Sections 1 and 6 respectively of Ali'tibe
VIII, Chapter I of this Code, aire specifically incorporatd~i~~edn ha4i
reference with the same force'-md effect as if set forth heriein in'ftd
SECTION 1. The term "Cement Gun Contractitng Divistion" a:er
"this division a~s used herein is defined to mean the business of, the
directing, superintending, coordinating, or executing work which
utilizes the cement gun or similar device to place cem~entitous mate-
rials involving velocity of dry materials and hydration approximately
at the point of deposit, and preparatory work incidental thereto, and
such branches or subdivisions thereof as may from. time -to time be
included under the provisions of this Chapter with the approva of
SECTION 2. The term "Association" as used herein is defined to
mean the "Cement Gun Contractors' Association."
SECTION 3. The term "combination bid" is herein defined as ady
bid including any work within this division, together ~with work not
within this division.
SECTION 1. A Divisional Code Authority is hereby constituted- to
administer this Code within this division. T'he Divisional ('od
Authority shall consist of seven (7) i~ndiv~iduale eligible under the
provisions of subsection (h) of this section, to be selected as follows:
(a) Tharee (3) individuals shall be appointed from members of the
Association by the Board of Directors of the Association to serve
for a term of one (1) year.
(b) Three (3) individuals shall ~be initially selected; on a, fair basis
by the Board of Directors of the Association from members of this
division who are not members of the Association;and who are not
responsible thereto, each of the non-members of the Association so
selected to b~e approved by the Administrator before taking office,
and each to hold office for a term of one (1) year, or until their respec-
tave successors have been selected and approved, by a method of
selection satisfactory to, and approved by, the Administrator.
(c) The seventh (7th) individual, who shall also be representative
of members of this division, shall be selected for a term of one (1)
year by the sixu (6) members provided for in paragraphs (a) and (b)
of this section, and shall also be approved by the Administrator
before taking office. Any successor shall be selected in a similar
(d) In the event any vacancy in the membership of the Divisional
Code Authority shall occur, excepting that of the member chosen
pursuant to paragraph (c) hereof, a special meeting to fill the unex-
pired term of such members shall be called. Notice of the time and
place of such election shall be sent by registered mail to all members
of the I[ndustry entitled to makie nominations or to vote at such elec-
tion at least forty (40) days in advance of such election. All nomlina-
tions for any vacancy to be filled shall be submitted not later than
twenty (20) days before the day of such election, and immediately
upon the time for such nominations being ended, a list of all members
nominated for said vacancy shall be sent by the Divisional Code
Authority to each member of the Industry entitled to vote at such
election. Voting threat may be in person, by proxy, or by letter
ballot. No more than one representative of each member of the
Industry entitled to vote shall vote at any election.
(e) Easch member of the Divisional Code Authority so selected
shall have one (1) vote, and the vote of a majority of said members
shall prevail in determining the actions of the Divisional Code
(f) The Divisional Code Authority or its authorized representative
or representatives may attend meetings of any admuuistrative agency
established for any subdivision.
(g) The Divisional Code Authority may appoint a, trade practice
committee which shall meet with the trade practice committees
appointed under such other codes as may be related to the Industry
fTor the purpose of formulating fair trade practices to govern the rela-
tionships between employers under this C~ode and employers under
such other codes to t~he end that such fair trade practices mlay be
proposed to the Administrator as amendments to this Chapter and
such other Codes.
(h) Members of the Industry shall be entitled to participate in,
and share thie benefits of, the activities of the Divisional Code
Authority and to participate in the selection of the members thereof
by assenting to and complying with the requirements of this Code
and sustaining their reasonable share of the expenses of it~s adminis-
tration. Such reasonable share of the expenses of admiinistration
shall be determined by t~he Code Authority, subject to review by the
Administrator, on the basis of volume of business and such other
factors as ma~y be deemed equitable.
ARTICLE IV-WAGES AND Houns
SECTION 1. The following are exempt from t~he provisions of
Section 2 of Article III of Chapter I of this Code: relating to maximum
(a) Employees engnaed in a professional, executive or supervisory
capacity receiving more than thirty-five (835.00) dollars a week.
Employees engaged in a supervisory capacity are defined as those
persons who perform no manual labor;
(b) WPBatchmen, who may be permitted to brork seot in wae~ss of
Afty-eixr (56) hours in any one week and not 3more tfhanreiz~ (6 days
in any saeven' day period. .
SECTION 2. No ~employee halla; be permiitted to w~ork: more thanz
five (5) days in any seven (7) day period. All empgloyees shall bei
paid at the rate of at least one and one half (1%) times the normal
ratte for all time worked on Saturdays, Sundays andl legal holidays.
SurrIox 3. Employees engaged in emergency work ~involving
breakdowns or' protection of life or property shall be paid at the over-
time rate of a't least one and one half (t%) times the normal rate ~for
all hours worked in excess of the daily or weekly maximum.
SECTION 4. All wages due shsall be payable weekly or semimonthly
in law~ftd currency, or by negotiable check therefore payable on demand
at par. These wages shall be exempt from any payments therefrom:
for pensions, insurance or sick benefits other thain those voluntarily
paid by employees. Emplo Yers and their agents shalll acceept no
rebates either directly or directly on such wages, or give anythng
of value or extend favors to any person for the purrpose of influen~ding
rates of wages of their employees.
ARTICLE V--FAxa TRaDE PRACTIcrE REGUI.A'IIONB
SECTION 1. The provisions of this Artile (in addition to the provi-
sions of Article VII of Chapter I of this Code) are adopted as ruls
of Fair Trade practice, and any violation of said rules shal consbtitue
an unfair method of competition and a violation of this Code.
SECTION 2. The Divisional Code Authorirty shall cause to be for
emulated an accounting system and methods of cost finding .and
estimating capable of use by all members of the industry. After such
system and methods have been formulated and approved by the
Administrator full details concerning them shall be made available
to all members. Thereafter all members shall determine or estimate
costs in accordance with the principles of such methods.
SECTION 3. No member of this division shal o~Fer or agree to sell
labor, materials, or services below the estimated cost as provided for
in Sections 2 and 4 of this Article.
SECTION 4. Until BUCh time 88 8806 a uniform system of accounting
shall have been determined and approved by the Administrator,
estimated cost shall be the sum of the followmg items of expected
cost for the job in question:
(a) Labor and supervision at the job site.
(b) Al materials to be used in the contract.
(c) Transportation of equipment and materials.
(d) Railwoad fare (or equal) and/or hotel epe~nses, if c~hargeasble
to the job.
(e Municipal permits, if any.
()The cost of public liability and workmen's compensation insur-
ance and maintenance and surety bonds.
(g) Maintenance, deprecition, repairs and rentals of tools and
equipment used on the individual contract in accordance with income
(i) Any other direct expense properly applicable to the individuals
(j) Allowance of not less than twelve (12) percent of the sum of
items3f (a) to (i) inclusive as above for overhead.
SECTION 5. Every member of this division shall for a period of
one (1) year after making a bid, m~aintamn and keep on file his original
estimnate supporting his bid or contract.
SECTION 6. No member of this division shall be partly to the unfair
practice of "bid-peddling" or "bid-shopping" as defined in Chapter I
SECTION 7. In order to provide a check on the accuracy and fair-
ness of estimates, any member of this division submitting a proposal'
on any job whether competitive or not amounting to two hundred
and fifty dollars ($250.00) or more, shall simultaneously with the
submission of his bid, .fle copies of his proposal or proposals and all
revisions thereof, with some depository designated by the DivTisional
Code Authority, or its authorized representative, and subject to the
approval of the Construction Code Aut~horityv; the same to be kept
sealed and confidential until after the letting of the contract, following
which the successful bidder's proposal may be disclosed to all bidders.
SECTION 8. In the case of combination bids, or revisions thereof,
the combination bid shall be the aggregate of said separate and
SECTIONr 9. Each bid, filed in accordance with Sections 7 and 8 of
this Article shall be accompanied by a fee of one dollar (51.00). The
Divisional Code Authority shall use funds so received to pay the
expenses of depositing such bids and for other proper expenses in the
administration of tlus Code, and shall keep account of the receipts
and expenditures, the same to be open to the Admuinistrator or his
representatives and subject to his approval.
SECTION 10. Upon request of any bidder a committee, which com,
mittee shall have at least one member, who is a member of the Asso-
ciation, and one member who is not a member of the Associa~tion,
shall be appointed by; the Divisional Code Authority or its authorized
representative, and at shall be empowered to investigate any suc-
cessful bidder's bid to determine whether any provisions of this Code
have been violated in such bid.
SECTION 11. In the event such committee shall find t~he rules of
fair competition have been violated, the violation shall be reported
to the Divisional Code Authority for such action as it deems proper
in accordance with this Code, including, in proper cases, with the
approval of the Administrator, report to the Federal District Attorney
or the Federal Trade Commission for appropriate action.
SECTION 12. No member of this division shall make any secret
payment, or allowance of rebates, refunds, commissions, or unearned
discounts, whether in the forml of money or otherwise; or extend to
certain purchasers or clients, special services or privileges, not
extended to all purchasers or clients under like terms and conditions.
SECTION 13. No member of this division shall make, cause to be
made, or publish, a~ny material statement which is false or inaccurate
concerning the work, prices, values, credit terms, policies or services
of a competitor.
SECTIowP 14. No member of the industry shall give, permit to be
given, or directly offer to give, a-nything of value for the purpose of
mfluenemng or rewarding the actions of any employee, agent or
representative of another in relation to the business of the employer
of such employee, the principal of such agent or thre represented
party, without the knowledge of such employer, principal or party.;
Commercial bribery provisions shall not be construed to prohibit
free and general distribution of articles commonly used for gdver-
tising except so far as such articles are actually used for commercial
bribery as herein above defined.
SECTION 15. No member of this division shall use any method to
find out in advance of the opening of bids a~ny details of a bid- sub
mitted by any other member.
ARTICLE V'I[-GENERAL LABOR PROVISIONS
SECTION 1. Pri0so Labor.--Employers shall not employ prison
labor in the execution of work.
SECTION 2. Posting.-Wmithin ten (10) days after the approval of
this Code, all employers subject to its conditions shall post in a con-
spicuous place in their offices or other established places of business
complete copies of Chapter I--General Provisions for the Construction
Industry and of this Chapter.
SECTION 3. Standards for Safety and Health.--Every employer shall
make reasonable provisions for the safety and health of his employees
at the place and during the hours of their employment. Standards
for safety and health shall be submitted by the Divisional Code
Authority to the Administrator within sixty (60) days after the
effective date of this Chapter.
SEC.TION 4. Evasion Through Reemployment.--No employee now
employed at a rate in excess of the minimum shall be discharged and
reemployed at a lower rate for the purpose of evading the provisions
of this Code.
SECTION 5. Contracting Labor Services.--No member of this divi-
sion shall directly or indirectly sublet to any employee or laborer, the
labor services required by any contract secured by such member..
In no case shall a member of this division avoid or evade the labor
provisions of this Chapter by contracting his work to any person or
persons subject to labor provisions less stringent than those provided
in this Chapter.
SECTION 6. Minimum Age.-No person under eighteen (18) years
of age shall be employed in the industry.
SECTION 7. Transportation.-All Cement Gun Contractors shall
pay transportation charges and other expenses incurred by Nozzlemen
already in their employ while traveling in pursuance to their em-
SECTION 1. A Cement Gun Contractor shall demand and insist
upon receiving payments as they may become due, in lawful money
of the United States or its equivalent as provided by the contract.
In no case shall a, contract be accepted which specifies that payments
will become due, as, if and when moneys are received from other
SECTION 2. Each contract must specify that interest shall accrue
on all overdue payments at the legal rate, and in no case shall this
interest be rebated or any other concessions .granted. Bona fide
disputes concerning the amount due under a, contract may be settled
or adjusted in order to avoid or discontinue litigation by granting a
reasonable concession provided such concession is approved by the
Divisional Code Authority.
SECTION 3. Members of this division shall submit-mionthly to the
Divisional Code Authority the names and addresses of all parties with
whom they are t~ransact~ing business, wh~o have become delinquent in
contract payments for a period of more than sixty (60) days. The
Divisional Code Authority shall transmlit this information within
one week after its reception, to other members of this division in
order to protect them- against simiilar delinquencies.
SECTION 4. No member of this division shall enter into contracts
unless these contracts stipulate t~hat., where final payment contains
provisions pertaining to amounts of money retained for purposes other
than for maintenancee such retained mioneys shall be paid to said
member of the division within thirty (30) days after the acceptance
of the work contracted for by said member of the division.
SECTION 5. Members of this division shall be ready and willing to
settle disputed matters promlptly. Where arbitration as a method of
settling disputed matters is agreed upon, the rules of procedure as
established by the American Arbitrat~ion Association shall govern,
except as otherwise required by law or contract. Payment., exceeding
that sufficient, to cover the amount in dispute, shall not be withheld
fromt the parties affected.
ARTIC LE \fI I I-hJ0DIFICATION
Subject to the provisions of Section '2 (b) of Airticle IV, (b) of
Chapter I of this Code, the provisions of this Chapter except as t~o
provisions required by t.he Act, may be modified on the basis of exupe-
Irince or changes in circumstances, such modifications to be based
upon application to the Aldminist~rator and such notice and bearing
as he shall specify, and t~o become effective on the approval of the
President. Any such application may be mlade to t~he Divisionall Code
ARTICLE IX--REVIEW OF A~CTS OF CODE AUTHORITIES
If the Administrator shall determine that any action of the Divi-
sional Code Authority or any agency thereof may be unfair or unjust
or contrary; to the public interest, the Admlinistrator may require
that such action be suspended to afford an opportunity for investiga-
tion of t~he merits of such action and further consideration by the
Divisionatl 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.
ARTICLE X EFFECTIVE DATE
This Code (C~hapter I and this Chapter) shall become effective in
this division on the fourteenth (14th) day after the approval of this
Chapter by the President.
Approved Code No. 244, Supplement No. 4.
Registry No. 1616--2--22.
UNIVERSITY OF FORID
A~littlllit i ll