Supplementary code of fair competition for the tile contracting industry (a division of the construction industry) as ap...

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Material Information

Title:
Supplementary code of fair competition for the tile contracting industry (a division of the construction industry) as approved on April 2, 1934
Physical Description:
9 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Gov. Printing Office
Place of Publication:
Washington, D.C
Publication Date:

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Subjects / Keywords:
Tile construction -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
"Approved Code No. 244-Supplement No. 5 ; Registry No. 1043-01"

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Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004885495
oclc - 63655122
System ID:
AA00006506:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION



SU~JPPLE M ENT ARY

CODE O F FA IR C OMRPE TITI ON
FOR THE


TILE CONTRACTING INDUSTRY
(A Division of the Construction Industry)


Por sale by the Superintendent of Documents, W'ashington, D.C. - Price 5 cents


element No. 5


Registry No. 1043--01


AS APPROVED ON APRIL 2, 1934


WE DD OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


UNIVERSITY OF FLORIDA

lillAl lllllllllIRIOIIIII lI
3 1262 08482 9588
























'Phis publication is for sale bys the Superintendent of Documents, Government
Printing Office, Washington, D.O., and by' district offices of the B~ureau of
Foreign and Domnestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 5014 Post Office Building.
Bir~mingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Chla Heston, S.C.: Chamber of Commerce Building.
Chiengo, Ill.: Suite 1706, 201 North W'ells Street. *
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commer'ce Building.
Detroit, M~ich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of C'ommerce Building.
Jacksonvillel Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angelesr, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
1Memphis, Tenn.: 229 Federal Buildling.
Minneapolis, 1Minn.: 218 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New Y~ork, N.Y.: 734 Custombouse.
Norfolk. Va.: 406 East Plume Street.
Philadelp~hia, Pa.: 422 Commercial Trust Building.
Pittsbur~gh, Pa.: Chamnber of Commerce Building.
Po~rtlandt, Oreg.: 215 New Post Offlee Building.
St. Louis, Mo.: 506 Olive Street.
San Fra~ncisco, C'alif.: 310 CustomJhouse.
Seattle, W~ash.: 809 Federal Office Building.












Approved Code No. 244~-Supplement N~o. 5


SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE

TILE CONTRACTING ~INDUSTRYC'S

As Approved on April 2, 1934


ORDER

SUOPPLEM\ENTARY CODE OF EIAIR COMIPETITION FOR THE TTILE
CONTRACTING INDUSTRY
A DIVISION OF THE CONSTRU:CTIION INDUSTHY
An application having been duly mad-]e pursjunnit to and in full
compliance w-ith the provisions of Title I of the Nati~onal Industrial
Recovery Act, approved June 16, 1933, and pursuan31t, to and in full
compliance w-ith the provisions of Section 5 of Ar1ticle VIII of Chap-
ter I: of the Code of Fair Competition for the Construcrtion Industry
approved Janualry 31. 19341, for a71pprovl\U of Chap~ter IX of said
Code, which Chaliter IX is applienble to the TIile C'ontractinlg Divi-
sion of thle C'onstructionl IndustryS, and hearings having been held
thereon annd th~e annnexedl report on. said Code, containing findings
rit~h r~espec~t there~to. having been made and directed to the President:
NOW\\, THEREFORE, on behalf of the President. of the United
States, I, Hulgh S. Johns~on, Administrator for Industrial Recovery,
pur~suant. to aulthority vestedl in me by Executive Orders of the
President, including Exec~utive Order No. 6543-sA, darted December
30, 1933, andi othe~rwise; do hereby incorporate by reference said an-
nexed report and dlo find that said Chapter complies in all respects
with the pertinenlt p~rovisions and will promote the policy and pur-
poses" of salid Title of snidl Act; and do hereby order that said Chap-
ter IX be andi it is her~eby appr~oved and that the previous approval
of said Cod~e of Fair Coiiupetition for the Constr~uction Industry is
her~eby modlifiedl to inc~ludle an approval of said Code. in its entirety
as supplemernted by said Chalpter IX.
Huan: S. Jo)INSON,
Adm~inistratTo r for Indu~strial Recovery.
Ap~proval1 reconulnended::
G EO. L. E ERR Y.
Div'liion Adm)jl cfinta~tor.
TV ASHINGTON, D.C.,
April a, 1934.
504 GP --48r2-6---31 (1)












REPORT TO THE PRESIDENT


The PRESIDENT,
The TPhte Hou~se.
SIn: This is a report on t~he Tile Contracting Chapt~er of the Code
of Fair Comnpetition for the Construction IndustryT whichh is de-
scribed as Chapter I and which was approved by you on January
31, 1934.
This C~hapter is a revision after a public hearing conducted in
Washington on October 9, 1_933, in accordance with the provisions
of the National Ilndustrial RIecove~ry Act. This Chapter amplifies
Chapter I, but applies specifically to thre Tile Contracting Division
of the Construcetion Industry.
PROVISIONS FOR H-OURS .AND WAG~ES

With very minor exceptions, the hours and wages set fourth in
Chapter I of the Const~ruction Code as approved by you on Janu-
ary 31, 1934 are applicable to this Code.
ECONOMIC .EFFECT OF THE CODE
According to the statistical analysis of the D~ivision of Research
and Planning, the contract volume of t~he sponsors of this Chapter
decreased from approximately $15,000,000 in. 1929 to $3,000,000 for
the first six mlonthls of 1933. Employment has fallen from 19,420
in 1929 to 3,7/00 in 1933.
It is reasonable, to predict that the establishment of uniform rates
of pay and hours of work and the prohibition of unfair trade prac-
ticers will be beneficial to this I~ndustry as well as to the employees
and the consumer.
FINDINGS

Tlihe D~eputy Administrator in his final reportt to me on said Tile
Ctontr~acting Clhapter of the Code of Fiair Comlpetition for the
Construction Industry, ha~vinzg found as herein set forth and on the
basis of all th~e proceediings in this matter;
I find that:
(a) Said Tile Contr~acting Chapter and said Codte of Fair Com-
petition for the Construction Industry, as supplemented by saidt Tile
Contr~acting Chap~ter, are well dlesignecd to p~romote the policies and
purposes of Title I of the National Industrial Recovery3 Act, inclutd-
ilng removal of obstructions to the free flow of interstate and for-
eign commerce which tend to diminish the amount thereof and will
pr~rovid -for t-he ge~neral welfare b\ promoti;ng the organization of
industry for the pu~posee of cooperative action among t~he trade
garoups,~ by indulcing and' mnaintainingi united action of labor and
management under adequate governmnental sanctions and supervision,








by eliminating unfair comlpetitive practices, by pr~omloting th~e fullest
possible utilization of the present pr~odu~ctive capacity of indus~-
tries, by avoiding undue restriction of production (except as may be
tempor~arily requiredd, by inlcreasing~r the consumption of indu ~t~iall
a7ndl agrriculturanl pr~odulcts thl~rogh inlcrensing~ purchasing power, by
retducinlg andc reliev-ing unemplloy~ment, by improving: stallrndards of
labor, anld by? otherwise r~ehab>ilitating industry.
(b) Said Industry normanlly employs not mor)le thian 50,000 emi-
ploy'ees; and is not classified~ by~ me; as a maijor~ indus''try.'
(c) Saidl Tile Contracting Ch~apter' and the Code of Fair Compe-
tition for the Construction Indlustry, as supplemelnted ~by sail Tle
Contracting C'hapter, as approved~c comply in all rese~lcts with the
pertinent prov\isio~ns of said Title of said Act, including without lim-
itation Subsection (0) of Section 37, Subsection (n) of Sjection 7, and1C
Subsection (b) of Section 10 thereof; andt that the applicant asso-
ciation is an industrial association truly repr~esentantive of ther afore-
said Industry; and that said As~sociation imlpoes no inequritable
restrictions on admissr;rion to miemnbers~hip theremn.
(d) Said Tile Contracting Chapter and the Code of Fair Comr-
petition for the Construiction Industry, as supp~llemcntedl by aidl Tile
Contracting Chapter are nlot dlesignedl to and will not permit monop-
olies or mnonop~olistic p~racticesi.
(e) .SaidC Tile Con~tratngtjC Chapter and the Code of Fair Com-
p~etition for the C'onstruction Industry, as supplemented by said
Tile Contracting Chapter, are not designed to and will not chminilate.
or oppress small enterpr~ise~s and will nlot operate to discriminate
against thiem.
(f) Th~ose engaged in. other steps of the economic process have not
been depriv-ed~ of the right to be heard prior to approval of said
Tile Contr~acting~ Chapter and of said Code, as s~uppl~lemlente by this
Tile Contraocting Chapter thereof.
For these reasons, therefore, I have approved said Tile Contract-
ing Chapter of the Code of Fair Competition of the Construction
Ind ust ry.
Respect fully,
HUG;H S. JOHNsoNu,
A d ~inin is/ rator.
APRIL 2, 1984.












CaRrPER IX


SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE TILE CONTRACTING DIVISION OF THE CON-
STRUCTION INDUSTRY

AnnOTILE I--DEFLINFIONS
SECTION 1. The term "L Tile Contracting Division of the Construc-
tioni Industry or this Division as used herein means the con-
tracting for the installation of tiles, mlantels, and accessories.
SECTION 2. The term tile as used herein includes all kinds of
glazed or unglazed products used for floor and wall surfacing which
are miade exclusively from clay and/'or other ceramic materials and
are b~urnied in the course of manufacture and which in the case of
glazedi tile~ are! composed of ceramic body and ceramlic glaze.
SEenowN 3. The word accessories means items set in conjune-
tion with the tile work, such as soap dishes, grab rails, tumbler
holdlers, shelf brackets, tooth brush hIolders, sponge holders, paper
holders, towel bars, door stops, looks, and such related articles in
various colors, styles, and combinations.
SEcTION 4. The term "C ember of the Code includes any member
of this DIivision who shall expressly signify assent' to this Code as it
pertains to this Division.
SECTION 5. T'he term "A3ssociation )" means the! Tile and Miantel
Contractors' Association of Americ~a, Inc."'

A;Encric IOI-Hou, WAGES ANDr COND~IT~iOn s or EMPLOYMENT
StECTION 1. The provisions of Section 2 B of Article III of Chapter
I shall not apply to:
(a) 1Emnployees engaged in. professional, executive, or supervisory
capacity receiving mnore than thirty-five dollars ($35.00) a week.
Sprvilsors are defined as those who perform no manual labor.
("b) Employees engaged in emergency work involving breakidowns
or protection of life or property who shall be paid at th overtime
rate of at least one and one-half (11/2) the normal rate :for aill hours
worked in excess of the daily and~/or weekly- maxsimum.
(c) Watchmen, who shall not be permitted to work in excess of
fiftyT-six (56) hours in any one week nor moreo than six (6) days in
any seven (7) day period.
:SECTION 2. Payment of ~Wgyd8---Al employers shall make pay-
ment of all wages due in law8iful currency or by negotiable check
therefore payable on demand at par. Wages shall be payable at the
endl of each weekly period. Wages shiall be exemipt from any pay-
menit for pensions, insurance, or sick: benefits other than those vrol-
untarily paid by employees. Emploer~s or their agents shall not
accept, directly or indirectly, rebates on such wages or give anything








of value or extend any favors to any person for the purpose of
influencin rates of wages or workingconditions of their employees.
The provisions of thisT Sc~tion regrrlding paymen~lt of wages1~ at the
end- of each weekily periodl shall not applyr to ~e~r~sonsj employed3" in
a mannagerial or executive capacity whot earn not less thann thirty-
five dollars ($35.00) pcr week, nor to any~ p'er~son employyed in
clerical or office work, w~ho shall be paid at least semi-monthl~y.
SEC'TION 3. Postingc.-A~ll employers shall keep c~ompllete cop~ies of
this; Code andl Chanpt~er I! General Pr~ovisions posted in con-picu-
ous places easily accessible to all employees.
SECTION 4. (IOmlallint.--No employee shal:~l be dismi~ssed by reason
of making a complai:~nt olr ivingr evidlence with r~especct. to an allegedly
violation of this Code.
SECTIO 5.o\id Sa hesfety a nd H e~alth. ver mlember of this D~ivision
shal povie fr te sfet an helthofhis employees at thne place
and during the hours of -their employment.i Standanrd s for safety
andi health shall be submitted by the D~ivisional Code AuithorityY to
the. Adminiistr~ato r for approval wPithin six (6) months a~fter the
etreetive date of this Code.
SECITION 6. No employee nowr emlployed at rates in excess~ of the
mninimulm her~em estab~lishled shall be discharged and reemaploy~ed at
a lower rate for thle ~ur~po~se of evading the pr~ovisions of thiis C'ode.
ARTICLE II AD MIIN ISTRA-TION

SECTION 1. Admnll~ijitraltive Ad/en~c!.- ToJ~ effectuate the purposes
of thlis Code andi provide for -its administration within this D~ivision,
there shall be establishedi a Div~isional Code ALuthority, seven mem-
bers of which shall be appointed3 by the Executive Conunriittee of the
Association from the mnemlbership of the Association, together with
not mor~e thlan three additional muember~s to be appointed by the Ad-
mninist~rator frorm mlemlbers of this D~ivisionl who are nlot members
of the Association to represenlt such members. A~ll memtber~s of the
Divisional Code Authority must comply within the provisions of Sec-
tion -1: of thlis Article. The Admininstntratr may request from, the
Association a list of members of this Division who are non-members
of the Association, eligible for appointment to the Divisional Codle
Authority.
SECTION r2. All members of the Divisional Code AIuthority shall be
appointed within fifteen (15) days after the effective date of this
Chaopter for a termn of one (1) year from such effective date, pro-
vided that, in the event the Cod~e Is continued beyond the limits now
established by law, such terms may be readjusted to insure overlap-
ping tenures, in a manner to. be approved by the Administrator. I~n
case a vacancy occurs in thne Divisional Code Authority, such vIacancy
shall be filled within thirty (30) days, by thne method provided in
Section 1, except that the successors to representatives of the mem-
bers of this Division who are not members of the Aissociation shall be
selected by such members, if such successors and thle method of their
selection ar~e approved by the Aidministraltor.
SECTION 3. The Administrative members and the Admiinistra~tor
shall be given five (5) days' notice. of, and may sit at, all meetings
of the Divisional Code Authority.








SEcrION 4. Members of the Division shall be entitled to participate
in and share the 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 sustainingr their reasonable share of the expenses of its admin-
istration. Such reasonable share of the expenses of administration
shall be deter~mined byr the Divisional Code Authority, subject
to review by the Administrator, on the basis of volume of busi-
ness and 'or'sulch other factors as may be deemed equitable.
SECTIOCN 5. PowersB ~l/ and Dtes.--Tlhe Divisional Code Authorityv,
in addition to the p~owers and duties conferred on it by Chapter I
h~ereof, shall have the following powers and duties to the extent
p~ermitted by the Acet:
(a) To establish specifications for minimum standards of work,
wsith the approval of t.he Administrator andl after such notice and
hearing as he m~ay prescribe, such standards to be designed to safe-
guarlld and insure the health, safety and comfort of the occupants
olf homes and ot her structures.
(b) To establish a standard contract form for use within this Divi-
sion, suchn form to be a1pprovled by the Administrator after such notice
andl hearing as he may prescribe.
(c) To cooperate with the Administrator in regulating the use of
any N.R.A. insignia solely by those of this Division who have assented
to, and are complying wit~h, this Code.
(d) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of this Division in their relations
wFpith each other or with other industries and to recommend to the
Administrator, measure for...,,,, industrial planning. including stabiliza-
tion of employment.
(e) To cause. to be formulated an accounting system and methods
of cost finding and/or est~imrating capable of use by all members of
this Division. After such system and methods have been formulated
by the Divisional Code Authority and approved by t~he Adminis-
trator, ~full details concerning them shall be made available to all
members. Thereafter al members shall determine and/or estimate
costs in necordance with the principles of such methods.
SlECTON f. I[f the Administ~rator shall determine that any action
of th~e Divisional Code Authority or anyr agency thereof may be
unfair or unjust or contrary to the, public interest, the Adminis-
trator may require that such action be suspended to afford an oppor-
tunity for investigation of the merits of such action and further
consideration by th~e Divisional Code Authority or agency pending
final action which shall not be effective unless t~he Administrator
approves or unless he, shall fail to disapprove after thirty days'
notice to hrim of intention to proceed with such action in its original
or modified form.
ARTICLE 17T-TRADE~ PRACTICE RULES
For the protection of the public, a member of this Division should
have the followinga qualifications:
(a) be generaally qualified by his technical training or experience
in the Ind ust ry to direct pr~operlyq the installation, altering, or repair-
ing of tile, maintels, and accessories;








(b) be an employer of tile setters and helpers;
(c) have an established place of business and maintain a proper
set of books and records incidental to the conduct of a tile con-
tracting business;
(d) be financially able to operate his business proper'ly.
General Definition1..-For all purposes of the Code the following
acts described in this Article shall constitute unfair practices. Any
mlembe~r of the Divrision who shall directly or indirectly, through anly
offcer, em~ploy'ee, agent., or representative, k~nowingly urse, employ,
or permit to be employFed any of such unfair practices shall be guilty
of a violation of the Clode.
RULE i. SeEln/g BC/ quote, sell or offer to sell any product, installation oer other service
within th~is Divisionr at less than his individuals cost thereof (cost
for the purposes of this Rule to be determined pur~suant to the cost
finding nod..'er estimating methods provided for in Section 5S (e)
of Article III); pr~ovided, however, that cost for the p~urp~oses of
this Rule shiall not include items of depreciation on unused facilities,
interest on indlebted~ness, interest on investment, or selling expense.
RULE 2. Adleputt~e Reco~rd~s.-No member of this Divjision shall
submit an estimate price on any job or submit a bill for his services
without retaningnr an adequate record showing the cost analysis upon
which his estimate was bnaed or his charges determined.
RULE 3. XSubstlu~tion. -NO member of t-his Div-ision shall use or
substitute any products of this Division inferior in grade or quality,
less in quant~ity, and,/or of a dlifferent design or ty)pe, -for those spFeci-
fied by the purchas"ers, without the cosnt of the purchalsers to such
uses of substitutions.
RULE $. S~elrcd Rebatf8. -No member of this Dlivision shall offer or
mnake any secret or discriminatory payment or allowance of a, rebate,
refund, commission, credit, un~rearned discount, or excess allowfance,
whether in the from of muoney or otherwise; nor shall a mnembler of
this Division o~flFer or extend to any customer any seret or discrimni-
natory service or privilege for ~th9e purpose of ~inflening a sale or
contract.
RULE 5. P~ofit-shariing Comitione,--1\fembers of this D;ivision
have been sufferinga from cooper~ative pr~oft-sharing combinations
who do not employ any skilled lecha~nics and work without any
restriction as to mrunber of hours of labor or the amount of wages
No m~emnber of this Division, whether individually or in combination
with other mlemblers of this D~ivision, shall workr with tools except
in compliance with the maximum hours herein provided, andi any
su1ch member or comibinationi shall complyv with all applicable pro-
visions of this Code including the provisions of Rule 1 and Rule 2
of this Article.
RULE F). Intfe~rferen2ce poltle Contra~crts.--No memb~ter of this Division
shall induce or attempt to induce the breach of an existing contract
between a competitor and his customer or source of supply; nor shall
anyF such member interfere with or jobstrucet the performance of such
cont~ractuanl duties or services.
RuL;E 7. SublettingT Labor HreroizPce~s.-NPio member of this Di~vision
shl~l'r directly or indirectly sublet to any employee or laborer the
labor services required by any contract secured by such member.








RuLEE S. QUOtationsB andl Bids.--(a) No member of this Di-isi~on
shall combine quotations for any' produ'Ct or service within this Divi-
sion writh any quotation for any other product or service, for sthe
purpose or with the effect of concealing the true: selling price of thle
prlodluct or. service within this Division.
(b) No mnember of this Division shall combine the requlirementss for
the p~rodlucts of this Div'ision for two or more distinct, and sepa-
rante projects inl one quotation to the same purchaser for the purpose
and~ w~ithi the effect of concealing the true selling price for the prod-
nets for each or all of such projects. Under this Section a project
shall be considleredl distinct and separate from another project unless
constru~ctedl on the same site and the awarding authority including
th~e owner andl his agents (including the arlchitect andl th~e mechaoniedl
engrineer) are the sam~e entities.
(c) No m~ember of this Division shall submit. a competitive bid, as
defined in Section 1 of Airticle V'II of Chapter I of this Code! to
an owner or any other person corresponding to an aw-arding authority
as therein definled, unless such owner or other person agrees to comn-
ply1~ with the regullations provided therein governing an awar1dingr
nilthOrity~.
RULE 9. IScllinif of Tile, L'nset.--No members of this Division shall
contenet~ for thle sale of tile, mnantels, or' necessories unset.

ARTICLE V--FILING OF BIDS
Each mnemlber of this Division shall file with the Div~isional Code
~Author~ity, or such other agency as the Divisional Code Authority
may7\ designate, a signed truie copyv of all bid-s, including all alternates
and~ revisions thereto suibmitted inl connection writh all competitive
biddting, together with a list of all prospective customers or others
to w~homi such bids have been, or are, submitted. Such copies of
bidls shall not. be opened by the Divisional Codle Authority until
tw~enty-four (24) hours after the time specified~ by the awardingr
aulthority for the receipt and opening of such bid-s. Within forty-
eight (48) h~ours.i after such opening, t~he Divisional Code Authority,
or its designated agency, shall pr~epar~e a list, of thie names andZ
addlresses of all bidders for each specific project, indicating the
amounts of all bids, alternates, and modifications, together wpith a
summary of all exceptions, and forward a copy of such list. to eachi
member of thlis Div.ision filing his bidls.
ARTICLE V;I-M~ODIFICATION

Suibje~ct to th~e provisions of Section 2. (c) of Article IV, B, of
Chapter I of this Codle, the provisions of this Chapter, except as to
provisiio~ns required by t~he Act, may be mod'ified on the basis of
experience or changes in circum~stances, such modifications to be
baosedl upon application to the Administrator and such notice and
hearing as he shall specify, and to become effective on his approval.
ARTICLE \TII REFERENCE TO PROV'ISIONS OF CHAPTER I

The provisions of Sections 7 (a) and 10 (b) of the Act, which
are set fourth in Sections 1 andl 6 respectively of Article VIII of









Chapter I of this Code, are specifically incorporated herein by refer-
ence with the same force and effect as if set forth herein in full;
all other provisions of Chapter I of this Code, exceept as herein
provided, apply within this Division~with the same force anld effect
as if set forth herein in full.

ARTIC~ VIII--EFFEcn~vr DATE

This Chapter shall become effective within this Divisionl on the
tenth (10th) day after its approval byp the President.
Approved Gode No. 244, Supplement No. 5.
Registry No. 1043--01.
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