UNIVERSITY OF FLORIDA
Wisr sale by the Superintendent of Documents,Waslhington, D.C. Price 5 cento
plement No. 15
Registry No. 1023--04
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
TERtRAZZO AND MOSAIC
(A Division of the Construction Industry)
AS APPROVED ON JULY 13, 1934
Ill ill11111 lill|1III111 1II Illi IIII III 1111 11111II II
This publication is for sal~e by the Superintendent of Documents, Govrn~rment
Pr bintrg Offce, Wasnhing~ton, D.O., and by district offices of the Bur~eau of Foreign
and Domlestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanllta." Ga.: 504 Post Office Buildinlg.
]-irmuingham,, Ala.: 257 FedelFral Building.
Bos~ton, J1ulss.: 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commc~rce~ nuidingr.
Charleston, S.C.: Chamber of Commer'cei Building.
Chicago, Ill.: Suite 1706, 201 North W'ells Street.
Cleveland, Ohio: Chamb~er of Comlmelrre.
Dallas, Tex.: Chambher of Commerce Dulildingr.
SDetroit, Mlich.; 801 First Nuational Banlk Building.
Houston, Tex.: Chlamber of Comm~elee Build~inr.
Indian~apolis, Ind.: Chazmber of ConneI~lrCEe B:uiblinlg.
Jacksonville, Fla.: Chamber.cz l of Conime~,~ rce Building.
Kansas City, Mo.: 102>~ Baltimore Avenlue..
Los Angeles, Calif.: 1163 South Br~oadway.aS
Louisville, Kiy.: 408 Federal Building.
Memp~his, Tenn.: 2293 Federal Build!ing.
Minneaplolis, Minn.: 213 Federal Buildin~g.
Newv Orleans, La.: Room 225-A, Custumbouse.se
Newv Yor~k, N.Y.: 734 Customhouse.
N~o'f-olk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trus1t Buibling.
Pittsburgh, Pa.: Chamber of Comlerc~e Buillinga.
Portlanld, Oreg.: 215 New Post Office B~uildling.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Custombouse.
Seattle, WFash.: 800 Federl~n Office Buildinlg.
Approved Code No. 244--Supplement No. 15
SUPPLEMENTARY CODE OF FAIR COMPETITION
TERRAZZO AND MOSAIC C ONTREAC TING
IN DUS TRY
As Approved on July 13, 1934
SUPPLEMIENTARY CODE OF FAIR COMPETITION FOR THE TERRAZZO AND
1%IOSAIC CONTRACTING INDUSTRY
A DIVISION OF THE CONSTRUCTION INDUSTRY
An application having 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 Fair Competition for the Construction
Industry, approved JauaI1ry 31, 1934, for approval of Chapter XV
of said Code: which Chapter XV' is applicable to the Terrazzo andl
Mosaic Contracting Division of the Construction Industry, and hear-
ing~s having been held thereon andi t~he annexedl report on said Code,
containing findings with respect thereto, lurving b~eein made andi
directed to t~he President.:
NOWT, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Admiinistrator for Induistrial Recovery,
pursuant to authority vested in me by Eixecutive Ordecrs of the
President, includlingr Executive Ordler No. 65413-A, dated D~ecemiber
30, 193"3, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Chapter complies in all respects
with the pertinent provisions and will promote the policy andi pur-
poses of said Title of saidl Act; and do hereby order that said Chap-
ter X(V be and it is hereby~ approved and that the previous approval
of said Code of Fair Comp~ettiton for the Construction Industry is
hereby modified to include an approval of said Cod~e in its entirety
as supplemlentedl by said Chapter XV.
HUGCH S. JoHNSON,
Admnlzi~st'a~tor1 for Indts~trili d Ricovuery.
GEO. L. BERRY,
July 1:3, 1393.
73627 D--829-6 --31 (11)
REPORT: T`O THE PRESIDENT
The White H~ouse.
SmR: This is a report on the Terrazzo and Mosaic Contractingr
Chaplter of the Code of Fair Comlpetition for the Constr~uction
Industry which is de~Scrlibed as Chapter I and which was approved
by you on January 31, 11934.
This Chapter is a revision after a public hearing condluctedl in
W~ashingaton on. January 8, 1934, in accordance with the provisions
of the NJational Industrial Recovery Act. This Chapter anniplifies
Chapter I, but applies specifically to the Terrarzzo and Mlosaic Con-
tracting Division of the Construction Industry.
PROVISIONS FOR HOURS AND WAGES
This Chapt~er provides that no employee shall be permitted t~o work
in excess of eight (8) hours in any day, five (5) days in any w~eek
or more than one hundred and thirty-sixr (136) hours in. any: calendar
mlonthl. This latter provision is equ~ivalent to an ave~rnage of approxi-
mlately thirty-two (32) hours per week. This Division of t~he C~on-
struction Industry is th~e first to red~tuce the forty (40) hours per
w~ele provided for in Chapter I.
ECONOMIC EFFCT OF THIE COCEE
A~iccordling to the statistical analysis of the Division of Research
and Plan~ning, the conrtr~net volume of the sponsors of this Chapter
dtecreasedl from approximately $16,000,000 in `1930 to $5,000,000 in
1933. Em~ploymnent has fallen from 8,000 in 1930 to 2,000 in 1933.
It is reasonable to predict that the establishmlrent of uniform ~rates
of pay and hours of work and the prohibition of unfair trai~de prae-
tlices will be beneficial to this Industry as well as to the emnployrees
and the consumer.
The Deputy Admtninistrator in his final report to me on. said Ter-
razszo and M~osaic Contracting Chp~t~er of the Code of Fiiair Compe-
tition for the Construction Industr~y, having fo-und as hereinz set
forth. and on the basis of all the proceedings in this matter;
I find that:
(a) Said Terrazzo and Mosaic Contrlactingr Chap~ter and said Code
of Fiair Compnletition for the Construction. IndustryT, as supplelemnted
byT said T~errazzo and Mosaic Contracting Chapter, are well dlesigned
to promote the policies and purposes of Title I of the hNational In-
dustrial Recovery Act, including removal of obstrulct~ions t.o> thle
free flow of interstate and foreign. commerce which tend to dimin-
ish the amount thereof and will provi~de for the general welfare by
promoting thie organization of industry for the purpose of coopecr-
ative action among t.he trade groups, by indlucing andl minnaintainga
united action of labor and mianagementiil under adlequrate go~ver1nmentalI
sanctions and supervision, byl elimiinatingr unfair comlpettitive prac-
tices, by promoting the fullest po~ssible uitilizatioin of the piresent
productive capacity of industries by avoidlingf undlne resitriction o~f
production (except as may be temnporarily requiredl), by inlcreasing
the consumption of industrial and agrricultural produl~cts thr~ougrh in-
creasing purchasing power, by reducing ndt relieving unemp~loy-
m~ent, by imp rovingr--- standards of labor, and by otherwsise relinbil1itat-
(b) Said Industry normally emnployees not more thafn 50,00)0 em-
ployees, and is not classified by mie as a major induistry.
(c) Said T~errazzo and Mlosnic Contr~actinga Chapter andi the Code
of Fair Ciompetition for the Construction Indlustry, as supplemented
by said Terrazzo andi Mosaic Contracting Chapter, as ap~r~oved com-
ply in all respects with t.he pertinent provisions of said Title of
said Act, incluiding without limitation Subsection (a) of Section 3,
Subsection (a) of Section 7, and Subsection (b) of Section 10
thereof ; and thiat the applicant association is an industrial associn-
tion truly representative of the aforesaid industry; and that said~
Association imposes no inequitable restrictions on adlmissioni to
(d) Said Terrazzo and Miosaic Contracting Chapter and the Code
of Fair Competition for the Construction Industry~, as supplemnente d
by said Terrazzo and Mosaic Contracting Chapter are not, designed
to and will not. permiit monopolies or monopolistic practices.
(e) Saidl Terrazzo and2 Mosaic Conltracting Chapter and the Code
of Fair Competition for the Constr~uction Industry, as supplemnentedl
by saidl Terratzzo and Mlosnic Contractingr Chapter, are not desiganedl
to and will not elimiinate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engagedl in other steps of thie economic process h~ave
not been deprived of the right to be heard prior to approval of said
Terrazzo and M~osaic Contracting Chapter andl of said Code, as
supplemented by this Terrazzo andi Mlosaic Contracting Chapter
For these reasons, therefore, I have approved said Terrazzo and
Mosaic Contracting Chapter of the Code of Fair Competition of
the Construction Industry.
HUGH S. JoaNSON,
A d miznist ra tfor.
Jvor 13, 19341.
SUPPLIEMENTARY CODE OF FAIR COMPETITION FOR
THE TERRAZZO AND> MOSAIC CONTRACTING DIVI-
SION OF` THE CONSTRUCTION INDUSTRY
SECTION 1. T~he word terrazzo is used to describe a surface com-
posed of marble, stone or granite aggregates (chips) andc cement,
m~agnesite or other bonding agency wIhich, in plastic formu, is
trowelled or rolled to proper consistency, and is finished, wFhen set,
with abrasives until a smooth and everi surface is obtained.
SECTION 2. The term -" mosaic is used to describe a surface comn-
posed of small pieces of marble, glass, or smnalti, firmly~ set iln mor~tar.
SECTION; 3. The term Terrazzo and M~osaic Division "' or this
Division as used herein means the contracting to .install, and /,or
the installing, for hire, of terrazzo and mo~saic. surfaces.
ISECTIO.N 4. The term Memb~er of the. Division includes, but
without limuitatiion, anly individual, firm, partnership, association,
corporation, or othler form of enterprise engaged in wor~k within this
SECTION 5. The term bidder as used herein means any member
of the Division who subm;its bids, proposals or quotations in c~om-
SECTION 6. The term "LAssociation as used herein means thle co~r-
por~ation knowvn as the "' National Terrazzo and Mv~osaic A~ssoc'iationl."
ARTICLE: IP REFEiRENCE TO PROVrISIONQS OF CHAPTER I A~ND TO
MuANDATORY PROVISIONS OF TH-E ALCT
S~ECTrowN 1. Ref;lerencce to Provl;is;ions8 of Chapter I.--Provisions of
Chapter I of this Code, including any amendments th~er~eto. or mlodi-
fications thereof, except as herein specifically provided. ar~e specifi-
cally incorporated herein, with the same force and etfeet as if set
forth. herein in full.
SECTION 2. Labor P~rouisions of t~he Act.-Em~rploy~ees shall have
the right to organize and bargain collectively through r~epr~esentativess
of their own ch~oosing, and shall be free from the interference, re-
straint, or coercion of employers of labor, or their. agents, in thle
designation of such representatives or in self-orga~nizat~ion or in other
concerted activities for the purpose of collective bar~gninling or other
multual aid or protection; no employee and no one seeking emnploy-
ment shall be required as a condition of emplloymnent to join any~
company union or to refrain from. joiming, organizing or assisting
a labor organization of his own choosing; employers sihatll comply
with th~e maximum hours of labor, minrimumn rates of pay~, and other
conditions of employment, approved or prescribed by the President.
SECTION 3. Prsde8/(lenal Powoe1.--This Code, and all the provi-
sions thereof, are expre~ssly made subject to th~e right. of the Presi-
dent, in accordance w'ith the provisions of subsection (b3) of Section
10 of the. Act, from time to time to cancel or mondify any order,
approval, license, rule or r~egulation issuedl under Title I of the Act
and specifically, but. without limitation to the riglt. of the President
to cancel or modify his app~roval of thiis C'ode, or o~f any' additional
Chapter thereof, or anly conditions imposed by himi upon such
ARTICLE III--Hounsf, T\'AGE~S AND CONDITIONS OF EMPLOYMENT
SECTION 1. Notwithstandingr the provisions of Subpala~ragrh B of
Section 2 of Article III of C'hapter I of this Code, no emp~loyee shall
be permitted to wo~rk in excess of eight (8) hours in any dlay or
forty (40) hours in any week or five (5) dlays in any week or one
hundred and thirtyr-six (136) hours in anyl calenda~r month. No emi-
ployee shall be permitted to w~ork on Saturdays, Sundasys or legal
The provisions of this Section shall nort apply to:
(a) Emiployees engaged in emergency w~ork upon breakdowns or
for the protection of life or property, w~ho shall be paid at least at
the rate of one and one-half (l!b) times the normal rate for all hours
in excess of the manximna established in this Section and for such work
performed on Saturdlays, Sundays alnd legal holidays.
(b) Employees engaged in a. managerial, executive. or supervisory
cap~acityv receiving in excess of thir~ty-five dollars ($35.00) per week.
Supervisory employees are defined a's those w~ho perform no manual
(c) Clerical and office etmployees w~ho may be permiittedl to workr
not in excess of forty' (40) hours in any week or eight (8) hours in
any day or five and one half (51i) days in any~ wTeek.
$ETION 2. Minilii~lnLu .ge.--No iem~brr of this D~ivision shall1
employ any person under the age of eighteen (18) year~s.
SECTION 3. Evat~sion thr~ough Reempllloymen)t.- No employee now
employed at a rate in excess of the mininmumn herein establishedl shall
be discharged and reemployed at a lower rate for thle purpose of
evading the provisions of this Code.
SEC'now 4. No member of the Division shall pay to any employee
w~ages below the minimum wages her~ein mentioned, or below any
higher wFages established under thle provisions of A~rticle III of
Chapter I in the locality in whichi the work is being done.
SECTION 5. C'ontra'CIting Labol',r Ser.iceis.- Noo member of this Div~i-
sion shall directly or indirectly sublet to any employee or Inborer,
the labor services required by any contract. secured by such member.
In no case shall a member of this Division avoid or evande the
labor provisions of this Chapter by contracting his w~ork to any
person or persons subject to labor provisions less stringent than
those p~rovidled in this C~hapter.
jECTION 6. C!oplan t.-NoZf.-N employee shall be dismissed by rea-
son of making a complantn or gi;ving evidence with respect to an
alleged violation of this Code.
SnenIow T. Poeting.--All members of this Division shall post
and keep posted in conspicuous places readily accessible to ral em-
ploY'Iyees in their respective shops and other established places of
buiess complete copies of Chapter I, G~eneral Provisions for the
ConsrucionIndstr, ad of this Chapter of thlis Code, together
winth cthe na and addres of the nearest official place where Code
violations may be reported. Every member of the Division shall
comply with all rules and regulations relative to the posting of pro-
visions of Codes of Fair Comlpetitionl which may from time to time
be prescribed by the Administrator.
S~ECTIOiN 8. Safety and H22ealth.-Ea ch memlber of this Division
shall provide for the safety and hnealt~h of hlis employees at thle place
and during the ]hours of their employment., He shall complly, ex-
cept as supersiededl by State Laws, with the provisions of the Safety
Ma~nrual adopted by the Associated Greneraul contractorss of Amer~ica,
or the Safety Platform of the Constr~uction League of the United
States, or the rules set forth by the National Safetyr Council and
local ordinaInces referring to safety mneasurer s in so far as the sam~e
may apply to his class of work. Standards of safety~ and health
shall be submiiitted by the Divisional Code Aulthority to the Admin-
istrato~r w~ithin three (3) months after the effective date of this
Chap~lte~randj when apnmtprove siha.1 ll spersedeP the forego~ing standards.
S~EC~TION 9. Gomipe.latifonl Insulrance.-All members of this D~ivi-
sion shall protect their emp~loyees by compensation~ insurlance.
SECTION 10. Payoulc',t. of 1CVages.---All members of this Division
shall make paymenrit of all wages due in lawful c~urrenlc~y or. by. nego-
tiable check therefore payable on demand at par. If wages ar~e paid
by check, the empl-loyer shall provide reaso~nably~ accessible facilities
for cashing suchn checks at face value without expense to thle em-
ployees. Employers shall also provide such~ idenltification as is neces-
sary to urtilize such facilities.
Wages shall be payable at the end of each w~eekly period, and
shall be exzempt from any payment or dednection for pensions, insur-
ance or sick benefits except such as is relquired~ by low or voluntarily
paid or authorized to be dedlucted by employees. Em~iployers or their
agents shall not accept, directly or indi~ec~tly, rebates on succh wages
or_ give anything of value nor extend any favors to any person for
the pulrpose! of influencing rates of wages or working conditions of
The provisions of this Section regardingf payment. of wages at the
end of each weekly period shall not apply to persons employed in
executive, ad.numnStratfive and supervisory capacity who1 earn in
excess of thirty-~five dollars ($35.00) per week, nor to per~sons em-
tplayed in clerical or office work. The wvages for persons employed
In clerical or office wo~rk shall be payable at least semi-mocnthly.
SECTION 11. tlluliccappedl Persons.--A person whose learning ca-
pacity is limited because of age, physical or mnental handicap or other
infirmity mnay be emloll(yed oln light workr at a wage below the mlini-
mumn sta:,~blis~hed. by this Code if the empyloyer obtains from the State
Authority~ designated by the UCnitedl States Department of Labor a
certificate auth~or~izing his unemployment at such wages and for such
hours as shall be stated in the certificate. Such Authiority shall be
guided by the instructions of the United Sta tes Department of Labor
in issuing certificates to such persons. Each employer shall file
monthly with the Divisional Code Authority a list of all such per-
sons employed by him, showing the wages paid to, and the miaximum
hours of work for, all such persons.
SECTION 12. Nothing in the definition of this Division shall in
any way be construledl as affecting the classification of labor employed
under this Chap~ter of this Code.
ARTICLE IV ORGANIZATION, POWERS AND DU'TIES OF TH-1E DIvISIONBL
SECT~ION 1. A Divisional Code Authority is hereby constituted to
admninister this Cod~e within this Division.
SECTION 2. The Divrisional Code Authority shall consist of seven
(7) members, all of whom shall have assented to this Code, to be
selected as follows:
(a) M~emlbers of the Association shall elect five (15) membePrs of
the Divisional Code Authority from members of the Associaitioin by
majority vote of the said members to serve for a term of one (1)
year or until their successors are elected. The Association is hereby
designated as the agency to conduct the first election of the AIssocia-
tion members of the Divisional Codte Author~ity within tw-ent~y (20~)
days after the effective date of this Chapster and~ any other election
of Association members of th~e Divisional Code Aluthority which mnay
thereafter be held. Notice of the time and place of regular elections
shall be sent to all members of the Association and to t~he A~dminis-
trator at least forty (40) days in advance of such election, excep. thiat
the first election abol(ve reft1erre to may ber held. on ten (10)) days'
notice. Voting at all elections may be in person, or by proxy or
letter ballot and each member of the Association shall be entitledl to
one vote for each mlembership to be filled. In the event o~f anly
vacancy in the Association membership of the Divisional Code
Authority, a special meeting of th~e members of the Assouciatio.n shall
be called to elect a member of the Divisional Cod~e AuLthlority to
serve for the unexpired portion of thle term of thle melberr of the
Divisional Code Authlorit~y wrhom he is succeeding. Such election
shall be called within twenty (20) days after such vacancy occurs.
(b) The Admuinistrator sh~aH appoint tw-o (2) mlembers of thie
Divisional C~ode Authority from and to represent thle mlembers of
this Division who are not mlem~er's of the Association to serve for a
term of one (1) year. At such time, or should~ a vacancy occur in the
non-member representation of the Divisional Codle Authority3, the
members of this Division who are not members of the Association
may select. their own members of the Divisional Code Authority,
which successors and the method of their selection shall be approved
by the Adm~inistrator. If the mlembers o~f the Division who aire not
members of the Association do not select such successors, as above
provided, the Administrator shall appoint them. Ainy member of
the Divisional Codle Authority selected fromt and to represent mem-
bers of this Division who are not members of the Association shall
automatically disqualify himself from further holding such offce
by joining the Association, and his membership in the Divisional
Code Authority shall thereupon become vacant.
S ECTION 3. The Admininstration members, the Construction Ciode
A~~uthority) and the A~dministrator shall be given at least five (5) dayrs'
Ilotice of, and may sit at, all meetings of the Divisional Code
See.Tc~no 4. Each Trade or Indlustrial Alssociation dlirec~tly or
indirectly participatlingr in the selection or activities of the Divi-
sional C'cde cAuthority shall impose no inequitablle restrictions on
.Scn~owv 5. It being found necessarily, in order to support the ad-
ministration of this Chapter and to maintain the standards of fair
competition established by this Code and to effectuat.e the policyr of
the Act, the Divisional Code Authority is authorized subject to the
approval of the Aldministrator:
(a) to incur such reasonable o~bligations as ar~e necessary and
prop~er for the foregoing purposes and to meet such obligations out
of funds which may be raised as herein fte~r providedl and which
sha~ll be held in trust for the purposes of the Chapter.
(b) to submit to the Admlinlistrator for his appr~oval, subject to
suchl notice and opportunity to be heard as he may3 deeml necessary,
(1) an itemized budget of its estimated expenses for. the foregroinga
purposes, and (2) an equitable basis upon which the funds necessary
t~o support such budget shall be contributed by mlemblers of this
(c) after such budget and basis of contribution have been ap-
proved byr the A~dministrator, to determine andt secure equitable c~on-
tribution as above set forth by all sulch members of this Divlision,
andl to that end, if necessary, to institute :legal proceedings t.herefor
in its own name.
SECTION 6. ]Each member of this Division shall pay his or its
equitable contributions to the expenses of the maintenance of the
Divisional Code Authzority determined as heretinabove provided and
subject to rules and regulations pertaining thereto issued byr the
Administrator. Only mremlbers of this Division complyrin r with this
Code and contributing to the expenses of the adrministlration of this
Chapter as provided in Section 5 of this Article unlesss duly ex-
empted from making such contribution) shall be entit~ledl to partici-
pate in the selection of the members of the Divisional Codle Aulthor~ity
or to receive the benefit of its voluntary nectivities or' to manke use
of anly embllemn or insignia of the National Recovery Administration.
SECTION 7. POD878 and Dutfies ---Subject to such rules andl regaula-
.tions as mnay be issued by the Administrantor, the Divisional Code
Authority shall have the pow~ers and duties as arle co~nfer~red by
Subdivision (b) of ACrticle IV of Chapter I of this Codle and also
shall have the following powers and duties:
(a) to provide for the execution of the prov,~isions of this Code
and to provide for the comlplialnce of the Industry with the provi-
siconsi of the Act.
(b) to establish with thle approval of the Administrator, classifi-
cations for terrazzo and mosaic maiteriails andi wor~k, standard grades
and quality, and specifientions for the mater~ials and services of the
Division, in order to assist in making effective the reports from the
membllers of this ]Division anld in elimlinlatinl g unfair competition.
(c) to use such trade associations and other agencies as it deems
promper for the crSIl~nryn out of anly of its activities provided for
herein, provided that nothing herein shall relieve the D~ivisional Code
Authority of its duties or responsibilities undler this Code and that
suIch trade associations and agencies shall at all times be subject to
and comply with the provisions hereof.
(d) to cooperate with the Administrator in regulatingi the use of
N.R.A. insignia by those members w;ho are complying with this Clode.
(e) to recommend to the Administrator further fair trade prac-
tice provisions to govIern members of the IDivision in their relations
with each other or with other industries and to recommend to the
Admrinistrator mneasulres for industrial planning, including stabiliza-
tion of employ~ment.
(f) to cause to be formulated methods of cost finding and neccount-
ing capable of use by all miem~bers of this Division, and sha11S~bll sbit
such methods to the Ad~ministrator for rev~iew. If: alpp roved by the
Administrator, full information concerning such methods shall be
made available to all memnbers of this D~ivision. Ther~eafte~r, each
member of this Divisioni shall utilize such miethodls to the extent
found practicable. Nothing herein contained shall be construedl to
permit thie Crode A~uthority, any~ agent thereof, or any miemnber of
the Division to suggest uniformn additions, percentage or differen-
tials or other uniformn items of cost which are designled to bring
about arbitrary uniformity of costs or prices.
(g) to appoint a trad~e practice committee wThich~ shall mneet with
the trade practice rconulnittee~s appointed under such other codes as
miay be relatedl to thle ind~ustry for th~e purpose of formulatingr fair
tradle practices to gov.ern thle relationships between emlployerss under
this C`hapter and emlployers under such other codes, to the end that
such fair trande practices miay' be proposed to the Admlinistrator as
amendmnents to this Chanpter and such other codles.
(b) to provide arppropriate facilities for arbitration other than in
labor disputes and subject to the approval of thle Administrator, to
prescribe rules of procedure and rules to affect. comnpliancee with
awanrds and determinations.
(i) in com~liancee w\ith thie provisions of Section 1 of Subdivision
A of Article IV of Chapter I, to select. one of the mlembers of this
Division as a member of the Construction Code Authority. Suchi
member shall be elected for a termn of one (1) year, or until his
successor shall have been elected and qualified. The election shiall
be hld uon rop~er notice to every member of the Divisional Code
b e uoAuthor~ity, an~d each of such members shall be entitled to one (1)
vote. In order for any candidate to be elected, six (6) of the seven
(7) members of the Divisional Code Ahuthority shall have voted for
SECTION 8. If the Admlmsitrtorao shall determine that any action
of the Divisional Codle Author~ity or any agency thereof may be
unfair or unjust or conitr~ary to the public interest, the Aldministra-
tor miayr 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 the Administrator
approves or unless he shall fail to disapprove after thirty .days'
notice to him of intention to proceed with such action in its original
or modified form.
ARTICLE V.-TRA.DE PRACTICES nULES
Gleirn7ra ~Definition.-Fior all pu~rposes of this Code, the nets d~e-
scribed in this Article shanll constitute unfair practices and~ are pro-
hibited. Any member of this Division who shall dlirectlyv or in-
directly through any officer, employee, agent or representative,
know\ing~ly use, employ, or permit to be emlployed alny of such unfair
practices shall be guilty of a violation, of the Code.
RULE i. InnCourate 3dr~critaing.-RO-N member of the Division shall
publish. advertising (whEether printed, radio, display or any other
nature) which is nusilendmgn or inaccurate mn any material part~icu-
lar, nor shall anyI member in any ~way misrepresent any goods (in-
cluding but wPithout limlitationit use, trade ma~rk, gradce, quality,
quantity, origin, size, sub.-tanlce, character, nature, finish, material,
content or preparation) or credit terms, values, policies, services, or
the nature or form of the business conducted.
RULE 2. Falso( Billinig.--No member of thte: D~ivision shall know-
ingly withhold from or insert in any quotation or invoice any state-
mnent that makes it inaccurate in any material particular.
RULE 3. IliC'1'COalfr R6/878HCe8 to Competitors, e~tc.--No member
of the Division shall publish advertising which refers innecurately
in any material particular to any competitors or their goods, prices,
values, credit terms, policies, or services.
RULE 4. GO Mz~ion.-S~ection 9 of AIrticle VII of Chapter I of this
Code is specifically incorporated by reference with the same force
and effect as if set forth in full in this Chapter, and nothing, con-
tained in this Chapte~r shall nullify, change, or affect. the application
of said section to this Division.
RULE 5. Rc~ords~.--No employer shall submit an estimate price on
any job or submit a bill for his services without retaining an ade-
quate record showing the cost analysis upon which his estimAte was
based or his charges determined.
RULE 0). 17678888 Of aw Xuit8.--RO member of this Division shall
publish or circulate unjustified or unwarranted threats of legal pro-
ceedings which tend to or have the effect of harassing competitors or
intimidating their customers.
RUILE 7. X8Oret Rebatesc. -No member of this Division shall se-
cretly offer or make any payment or allowance of a r~eb-ate, refund,
commission credit, unearned discount or excess allow-ance, whether
in the form of money- or otherwise, nor shall a member of this
Division s~cr~etly offer or exrtend to anyT customler any special service
or privilege not extended to all culstomercls of the same class, for the
purpose of influencing a sale.
RULE: 8. CO/IOli C/i'al'l Bribery.-No member of this Division shall
give, permit to be given, or d'ir~ectlly off~r to give, anylth~ing of value
or the purpose of influencing or rewardl~iingr the action of any eml-
ployee, agen(11t, or represe~lllntaive of ano)ther in relationl to the business
of the! emlployer of such emploeei, the prncpa of sulll chIPO-P ag~nt o
the: r~epresncirtedt partly without the knowledge fsc mlyr rn
cipal er par'ty. This provu\isionl shall nlot be constru~edl to prohibit
free and general distribution of articles commonly used for adver-
tisinga except so far as such articles are actually used for commercial
bribery as hereinabove defined.
RULE 9. No member of this Division shall sell or offer to sell any
product of the Industryr by anly false means or device whiich has the
tendency and capacity to miislead or deceive customers or prospec-
tive customers as to quality, quantity, siubstance, or size of such
product anid the tendency to injuriously affect the business of
com pet itors.
RULE 10. No member of this Division shall require an employee
to do a certain piece or amount of work in a designated time.
RULE 11. NO Blember of this Division, whether individually or in
combination with other members of this Divisiionl shall worke with
tools except in compliance with~ the maxrimuml hours hlereinl provided,,
and any such member or combination so w~orkiing as employees shall
comply with all applicable provisions of this Code including thle
provisions of Rules 4l andl 6 of this Article.
RULLE 12. NO member of this Div~isioni shall comnbinie quo~tations
for any product or service within this Division with~ any quotation
for any other prodIuct or service for the purpose or writh thle effect
of concealing the true selling price of the product or service withiin
RDLE 13. No~ m1emlller of thlis Division shall submit. a competitive
bidl, as defined inl Se~ction 1 of Article V'II of Cha~pter I of the
C'ode, to an owner or any other person corr~esponding to~ an aad
ing aut~or~ity as thierein defined, unless sulch owTner or othcr pro
agrlees t~o comply with the regulations provided therein governingr
an awardling nuthority.
RULE 14. Infer'ioi il'OrL.--Nn member of thiis Divisio~n Hhall sub-
stitute inferior manteriials or an imp~rop~er mix, nor shall be use
materials or any mnisrepreseenttation in connection w~ith the sole of
such materials or mixs, for the purpose or withi the effect. of miis-
leadinig oir eceivine purchaseijrs with respect to the quanntity, qual-
ity, or grade thereof.
Unless with the consent of the owner or awarding nruthor~ity, non-
comnpliance with specifiention s or contrnetact l requirement s fo quanl-
ity of materials andt class of workmnanship- shall be considered a
violation of this Chiapter.
ARTICLE VI-FILzwo or BIDS
SECTION 1. Each member of this Division shall fie with an in-
dependent, impartial agency designated by the Divisional Code Au-
thority, or by the local administrative commiittee, a signed, true
copy of every bid in excess of two hundlredr dollars ($;200.0)0), or
such lesser sum as mnay be determined by the Divisional Code Au-
thority for local re ions or areas, includlingllatrte nr-
visions thereto submitted in connection with all compettitive bidding
as requiired by the awarding authority. Copies of bids shall not h~e
opened until twenty-four (24) hours after t~he time specified by
the awardling auithor~ityv for the receipt of such bids.
SECTION 2. The independent agency shall tabulate all bids, to-
gether with any available details of the awarding of the contract,
all of w7lhich. shall be kept confidential, except that, within three (3)
days after the award of the contract. to the successful biddler, each
bidder shall be sent a copy of the tabulation of the amounts of thle
Eachn bidder shall pay his proportionate share of t.h~e cost of
handlinlg. tabulating and distributing such informantionn, but. in no
case more than one dollar ($1.00) for each~ bjid submitted.
Such bids and tabulationls shall be available to the Admlinistr~ator
until the conltlract is completed.
SECTION 3. Upon complaint of a bidder, the Divisional Code Au-
thority or any local administrative committee appointed by it, shall
appoint a Committee of ]Review composed of not more than three
qulalifiedl persons wFho were not bidders on t~he particular job to be
reviewed, one of whom, if possible, shall not be a member of the
Association. This committee shall be directed to make such inves-
tigationls as will enable it to determine whether this Codle of Fair
Competition has been vio~latedl in the bidding on the job in question.
In the event the Committee of Review shall find that any such
violation has occurred, their findings on thle violation, together with
a summary of the facts upon which they are based, shall be reported
to the local administrative committee or the Div-isional Clode Author-
ity for such action as may be appropriate. Such findlingrs and sum-
maries shall be available to the Administrator.
Subject to the provisions of Sub-paragrap"lh (c) of Section 2 of
Sub-dl\ivisiorn B of Article IV of Chlapter I of this C~ode, the pro-
visions of this Chnapter, except, as to provisions requ~ired by the Act,
may be modified on thne basis of experience or changes in circumn-
stances, such modifications to be based upon ap~plication to the
Administrator and such notice and hearing as he shall specify, and
to become effective on his approval.
Each membercr of this Division shall register with~ th~e Diviional
Code Authority within thirty (30) days after tthe effective date of
this Chapter. All who mnay engaged in the Trerrazzo and 1\losaic
Division thereafter shall likewise register with the Divisional Code
Authority. Registration of a memllber of this D~ivision shall include
the full name and maniling address of the member. An applicationi
mlay be made by the Div~isional Codce Atluthor~ity. to the Admlinistrator
for an exte~nsion of the time limit for the reg~istra~tion byr any mnem-
ber of this Division if it applears5 that the timne limit as pr~ovidedi
herein might cause inju~sticet or undue hardship t~o aIny member of
ARTICLE IX---FFECTIVE DA-TE
ThInis Chaplter shall become effective on t~he second 1\Ionday after
its approval by the Pr~esiident.
Aplprov\edl Codte No. 24-l-Sup1I~rllement No. 15.
Regristry No. 1023-(i&.