NATIONAL RECOVERY ADMINISTRATION
COD)E OF FAhIR COMPETITION
For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents
Approved Code No. 4149
Registry N'o. 1023--02
AS APPROVED ON MIAY 31, 1934
GOVERNMENT PRINTING OFFICE
This publication is for sale by thle Superintendent of Documents, Government
Printing O~ice, WVashlingrton, D.C., andt by district offices ofP the Bu:reau of
Foreign and Domestic Commlerce.
DISTRICT OFFICES OF THE DEPARTMENhT OF COMMERCE
Atlanta, Ga.: 50-1 Post Office B3uilding.
H~iiiirmlingm. Ala.: 257~ Fedelrnt Builkling.
Buffa~llo, N.Y.: Chnmber' of Commlner~ce Buildingr.
i, dChlarlesCtol, fS.C.: Chamnber of Comumerce Duilding.
a ,r d ChiCagIo, Ill.: Suite 1708i, 201 North W'ells Street.
Clevrlandc, Ohio: C'IhamberC of Commerl~lCe..
Dallas, Tex.Y: Cllllhambr olf Commner'Ce Buliding.
Detroit, Mrich.: 801r First ~Ntional BankBulig
a ~Housto:n, Tex.: chamouber of Commerce B~uilingi.
Indiainapolis, Indl.: Chamnber of Cazomecrce Buildling.
Jneksonville, F'lal.: Obamber~ of Comm~erce Building~.
Kah'nsas C~ity, M~o.: 1028 Baltimore Avenue.
Los Anlgeles, C;lIlf.: 1163 Soulth Broadway.
Louterille, K~y.: 408 Federal Building.
Ilclemphis, Tenn.: 2'29 IFe-deral Buildlug.
MIinneapolis, 1linn.: 213 Federal Buildlyg.
New~\ OrlTeans~, La.: Room 2235-A, Customllhouse.e
Newv York, N.Y.: 7341 Custo~mhouse.
Norlfolk-, Va.: 4106 East Phune9 Street.
Phiilaldelpihin, Pa.: 42~2 Commerctl'ial Trust Building.
Pittsburph, Pa.: C'hamber of Commerrce B3uilding.
Portlan~d, Oreg.: 215 New Post Office- Buillding.
St. Louis, 15lo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Battle, Wash.: 800 Federal Oilce Buailding.
Approved Code No. 449
COPDE OF F~AIR COMSPETITI~ON
WH~OLESALE MONU6'MIE~NTaAL GRABNIT~~E INDa84USTRY~i
As AkpproPved on May 31, 1934
APRe\Novrw CODE OF FAIR COMPETITION FOR TH~E HVIOLEISALE MONU-
MENTAL rRANITE INDUSTRY
An aPplIicat~ion hav~ing been duly ma~de pulrsuantt to and in full
compliance wIith the ~r~ovisions of Title I of the National Industrial
R~ecoveryS Act, approved J~une 16, 1933, for approval of a Code of
Fair Competition for the Wh~olesale Moc.numntlt-tl Granite Indurstry,
and hlear~ings havino been duly held t~helreon and~ t~he. nnexed~ report
on sa.idl Code, contaminng find~ingsr with respect ther~eto, having been
made and lir~ectedc to the Pre~sid~ent:
NOW, THEREFORE, on behalf of the President of the U~nited
States, Ii, Hugh S. Johnson, Administratorl for Industr~ial Recovery,
purlsunnt to -authorityg vested in me by Executive Ordlers of the
Presidentt, including Execut~ive Olrder NIo. 6543-A, dated December
30, 1933, and otherwise; do hereby: incorporate by reference said
annexedl report and do find tthat said Code complies in all respects
with the pertinent provisions and will promote the policy- and pur-
pose~s of said Title of said Act; and do hereby order that said Code
of F'air Competition be and it is hereby approved.
HonGI S. Jan xSON,
Adm/iniis~trator fo~r lInduzstrial Recovrery.
ALS. R. GraNCY,
Division A dmzinristrantor.
Mlay 3,1, 1934.
REPORT TO THE PRESIDENT
ThLe WhJile Ho~use.
Smn: Thiis is a report on the Code of F~air Competition for the
Wholesale Mlonumental Granite IndustryI as revised after a Public
Hear~ingT conducted in Washington, D.C., on January 2, 1934, in ac-
cordancee with th~e provisions of -the National Industrial Recovery~ Act.
PROVISIONS AS TO WAGES ANVD HOURS
Empllloy~ees shall not be permitted to w~ork in excess of forty~ hours
per weekl, eight hours per dazy, or more than five dlays in any3 wFeek,
except as otherwise specifiedlly provided. Office, accounting or cler-
ical employees shall niot be permitted to wor~k in excess of forty
hIourls per weekr or nine hours in any day. WTatchmien shall not be
permnittedd to work in excess of fifty-six hours per weeek or more than
six dlays in any- seven. FIiremlen engangedl in ma~nufa-cturing opera-
tionsi or truckmen shall be permitted to work not in excess of forty-
eighlt hours per week or more than six dlays in ainy seven; provided
thalt one and one-half times the normal rate of pay shall be paid for
hours worked in excess of eight per day and2 fortyr per week. Hourly
and daily limitations shall not apply~ to professional, executive, adl-
mninistrative or supervisoryv employees who regularly receive more
than thirty-five dollars per weeek, to outside salesmen, or to employees
spcial cases one and one-hialf times the normal raste shall be paid
for hours w~orked in excess of eight per dayv or fortyv per week. In
border to recov\er time lost due to inelemnent weather, emnployees. may
be prmiritted to workr in excess of the hourly limitations but not to
t~exced an averange of forty hours per' w~eek for any\ three months'
period or a ma~ximuum of forty~-eight hours per wleek; provided one
and one-hln'f times, the normal rate is paid for all hours worked in
excess of for-ty per week or eight per day.
No employees shall be paid less than at the rate of forty cents per
hour except as otherwise specifically provided. In North Carolina,
Sounrth Carolinaf,_ Gergpria and that portion of' Virgrinia which lies
south of thre Jamnes River, includlinga Allegaheny Cotm~ty, no0 employee
shall be paid at less than at thle rate of thirty cents per hour. Ac-
counting, clerical andc office. employees shall be paidl not less than
at thie r~ate~ of fifteen, fourteen and one-half and,'or fourteen dollars
per wFeek, de~pendingr upon the population of t~he place of their emn-
tp:~loym~enit. Offilce boyls and office girls shall be paid not less than at
terate of eighty percent of the minimum wa~ge r~ate established
for accouintingr, cler~ical and office employees but their total number
shall nlot. eCcee inl any months fiv-e percent of an employer's total
nmnber of accounting,a cler~ienl and office. employees. but each emn-
ployer mayn havre at. fcleast, two suchl emp~loy~ees. Irrespective of
whether an emp~loyree is comlpensated on a timne rate, piece work or
other basis, a minilulm 1rate of pa~y is established. W\ith the per-
mission of the state nuthority~, hannd icapped p~er~sons may be emplloyed
on light workl at su~ch wnges and for such hours as the state authorilty
permits. Wages shall be rexempt, from any13 payments other than
those voluntarily madc~e by)S an emlploy.ee or r~equir~ed by law. Comn-
pe~nsation of employees receiving mnor~e than the minimum rates of
pay shall be equitably adrjus-ted and reportedly to the Code Author~ity
but inl no event. shall rates of pay be reduced.'
ECONOMIC EFFECTS OF THE CODE
The sales of indlustry3 products for 1932 were 62.6 percent less than
for 1929. Acc~ordingl~ to th~e Reseach and Planning Division's report
there were, in 1929, eighteen thousand three hundred wage earners
employed by the Indu~stry3; thirteen thousand in 1933.
Average hours worked per week in 1929 were forty-two and in
1933, thirty-four. Thne num;lber of hours an employee may work is
controlled somnewhat b~y weather conditions anld such a factor has
-been given consideration~r in. fixing hours for this Industry's workers.
An increase in business will have a beneficial effect on reemnploy-
TPhe minima. wage rates established in this Code and the provision
for an equitable adjustment of wages above the mninima will ma-
terially increase the purchasing power of thec wage earners in this
Indlustry. Tra~de practice provisions of the Code are expected to
remedy the unfair competition that has existed in the past.
The! Assistant Deputy ~Administrator in his final report to me on
said Code hain~g found as herein set forth and on th~e basis of all
the proceedings in this matter:
I: find that:
(a) Said Code is wFell designed to promote the policies and pur-
poses of T'itle I of the Nat.ionnd Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and fo1-eign1
commerce which tenld to diminish the amount thereof and will pro-
v\ide for the general welfare by promoting the organization of induls-
tlyry for the purpose of c~ooperantive nation among the trade groups, Iby
inducing alnd~ maintaining united actions of labor and management
under adlequate grovernmllental sanctions and supervision, by elimninat-
ing unfair competitive practices, by promoting the fullest possible
utilizatio~n of the prlesent productive~ capacity of industries, by avoid-
ing undue res~tr'iCtion of production (except as may be temporarily
requiredd, by~ increasng; n the c~onulmpt~ion of indusltr~ial a~nd grDicul-
tural pr-oducts th rough increasing prchasing~I' power by reucing and
relieving unemployment, by impr~ovinga stazndards of labor, and by
otherwise rehabilitating industry.
(b) Saidl Industry normally employs not more than 50,000 em-
ployees; and is not classifi ed by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of saidl 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; and that the applicant asso-
ciation is an industrial association truly representative of the afore-
said Ilndustry; and that said association imposes no inequitable re-
striction on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is 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 saidl Code.
For these reasons, therefore, I have approved this Code.
HUGH S. JoHnuson,
MSiw 31, 1984.
CODE OF: FAIR3 COMPETITION F'OR THfE WHOLESALE
MIONUMI\ENTAL G~RANITE INDUSTRY
To effect~uate: the. policies of Title I of the National Industrial
Recovryrr Act, the followngmnr provisions are established as a Code
of Fair Comipet~ition for the Wholesale M~onumentall Granite In-
dlust.ry anld shall be the standards of fair competition for such In-
dustryT and shall be bindling upon every member thereof.
ABRTICLE II --DEFINITIONS
~EC'TION 1. The terml Wholesale M~onumlentall Granite: Industry "
or Idusry" as used herein includes the quarrying, manufactur-
ing, fabrienting, sielling at wholesale, and/or distributing at whole-
sale by th~e quarrier, mnanulfact~urer and/or wholesale distributor of
SfECTION 2. The terms "' monument and monumental as used
hlerein include granite mlonlumeint, memorials, markers, headstones,
mnausoleumss tombs, copmng, lot enclrosures,~ surface burial vaults,
urns, seats, benches, sundials and all other related types of memo-
rials as are usually erected in a cemetery or elsewhere, and rough
grannite, and partly finished granite intended or suited for these
SC~ECTrow 3. The tecrm. quarr~ier as used herein includes anyone
in th~e industry who produces granite in the rough to be used for
mlonu menta l purposes.
SCECTION 4. The term wholesale manufacturer as used herein
includes anyone engarged in the conversion of rough granite into
finished or semni-finished monuments, and w9ho ~finds his outletts
through distribution to wholesalers alnd retailers.
SECTION 5j. The term "' wholesale distributor as used herein in-
cludes anyone who purchases from the producer, sells to the retailer,
and assumes rIesp~onsibili ty for the account.
SECTION 6. The term "member of the indu~stry~ includes, but
w~ithlout limitation, any individual, partnlership, association, corpo-
ration. or other form of enterprise engaged in the industry, either
as an em~ployrer or on his or its own behalf.
SECTIow 7. The term emnployee as used herein includes any
and all persons engagedl in the industry, however compensated, ex-
cep~t a member of the industry who is not engaged in man~ual worki
of the industry~.
SECTION s. r le term "' employer as used herein includes anyone
by wFhomn any such emp~loyee is compensated or emplo red.
SECTION 9. ? 10 fermS EPOSident ", "AXct ", and ",. ministr~at~o r
as used hrerein shall mean, respectively, the President of th UInited
States, Title I of the National Industr~ial Recovrery Act, and .the
Administrator for Industrial Recovery.
SECTION 10. Population for the purposes of this Code shall be
determined by reference t~o the latest Feder~al Census.
AlRTICLE IZI- H0URS
SECTION 1. .7Vaifn-tem.7 HO278.--EXCept as hereinafter otherwise
provided, no emnployee shall be permitted to work in excess of forty
(40) hours in any seven (7) day periodl or eight (8) hours in any
twFentyS-four (e4) hour period or more than five (5j) days in any
seven (7) dayr period.
(a) Employ~ees engaged in. office, accounting and/or clerical wFork
shall not be piermittedl to work in excess of nine (9) hours in any
twent~y-four (241) hour period, or more than fortyr (40) hours in any
one (1) week; and
(b) Employees engagred as watchmnen shall be jpermitted to wvork
not inl excess of fifty-six (56) hours in any one wTeek, or more than
six (6) day~s in any seven (7) day period; and
(c) Employ-ees engagedl as firemen in manufacturing operations
or truckmen shall be permitted to work not in excess of forty-eight
(48) hours in any seven (7) day period, or more than six (6) dlays
in any~ seven (7) day period; provided, however, one and one-half
times the normal rate of pay shall be paid for hours workeed in excess
of eightt (8) per dayr or for'ty (401) per week;; and
(d) The limnitation respecting hours and dlays, fixed herein, shall
not apply to employees in emnergency maintenance or emergency
repair work, invonlvingr breakdowfns or protection of life or property,
but in any such special case at least one and one-half times the
normal r~ate shall be paid for hours w~ork~ed in excess of eight (8)
hours in any twentyv-four (24) hour period or forty (40) hours in
any) one (1) week; and
(e) Emiploy~ees mnay be permitted to exceedl the hourly limitations
wh)en employmlentt is necessary to recover timne lost due to inelemnent
w~eather; provided, however, that. such excess time shall not exceed
an averagae of forty (40) hours per week for any three (3) months'
period of the year or a maximum of fort~y-eight (48) hours per week,
and; prov-ided further, that overtime rates shall be paid for all hours
worked in excess of forty (40) hours per w-eek or eight (8) hours
per day at the r~ate of at least one and one-half times the normal
(f) The limitations respecting hours and dlays fixed herein shall
not app~ly to employees engaged in professional, executive, adminis-
t~rat.ive, or supervisory work;, receiving regularly more than thirt~y-
five (35) dollars per weekt, and outside salesmen.
SECTION B. Emlploy m~entf by Sevueral Em~loyers.--No employer
shall knowingly permit any employee to work for any time which,
when totaled with that already performed with another employer
or employers in this or any other industry, exceeds the maximum
SECTION 3. Any employer who engages in manual labor such as
is usually performed by an employee shall be subject to the provi-
sions of this Code a~s to maximum hours of employment.
ARTICLE ITT--- AlGE
SECTION 1. No employee shall be paid less than at the rate of forty
(40) cents per hour except in the states of Niorth Carolina, South
Carolina, Georgia and that portion of the state of Virginia which
lies south of th~e James River, including Allegheny County, where
such employees shall be paid not less than at the rate of thirty (30)'
cents per hour, except as hereinafter provided.
SECTION 2. ( a) Accounting, clerical and office emlployees shall be
paid not less than fifteen dollarss per wreek in any city of over
500,0~00 population, or in the immediate trade area of such city;
fourteen dollars and ~fifty cents ($14.50) per wveek in anly city of
between 250,000 and 500,000 population, or in the immediately trade
area of suchl city; or fourteen (14) dollars per week in an~y other
(b) Office boys and office girls shall be paid not less than eighty
_(80) percent of the minimum wage rates herein established for
accounting, clerical and office employees under paragaraph (a) above;
provided, however, that the total number fall such employees
employed biy any onle employer shall not exceed in anyT calendar
month five () percent of the total number of all employees classi-
fled as accounting, clerical and office employees, but maly be at least
two (2) such employees.
SECTION 3. This Article establishes a minimum rate of pay which
shall apply irrespective of whether an emplooyee is actually compen-
sated on a tim~e-ratte, piecework, or other b~asis.
SECTION- 4. Female~ employees performing substantially the same
w~ork as male employees shall receive the same rate of pay as male
SECTION 5. A person whose earning capacity is limited because of
age, phy'sical 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
United States Departmment of Labor a certificate authorizing such
person's emlployment at such wvages and for such hours as shall be
stated in the certificate. Such authority shall be gidedi isunby the
instructions of the United States Department of Labriisun
certificates to such persons. Each employer shall file monthly with
the Code Authority a list of all such persons employed by him,
shlowing the wages paid to, and the maximum hours of workr for
SECTION 6. R~geS Shall be exempt from any payments for pen-
sions, insurannce, or sick benefits other than those voluntarily paid
by the employee or required by law. The employer shall not accept,
directly or indirectly any rebates on such wages nor give anything
of value or extend any favor or favors to any employee, directly or
indirectly, for the purpose of influencing the rates of wages or
working conditions of any employee.
SECTION 7. Equitable adjustment of compensation of employees
receiving more. than the minimum rates of pay shall be made by all
employers who have not h~eretofore made such adjustment, and all
employers shall within t~hir~ty (30) days after approval of this Code,
report in full to the temporary Code Authnority and to the Adm~inI-
64182 *- 65 7-7-- 34--2
istrator concerning such adjustments whether made prior to or
subsequent to such approval, provided, however, that In no event
shall hourly rates of pay be reduced.
ARTICLE V--GENERAL LABOR Provisions
SECTION 1. NYo person under sixteen (16) years of age shall be
employed in the industry. No person under eighteen (18) years of
age shall be employed at operations or occupations which are haz-
ardous in nature or dangerous to health. The Code Authorit~y shall
submit to the Adlministrator for approval within sixty (60) days
after the effective date of this Code, a list of such operattions or
occupations. In any State an employer shall be deemed to have
complied with thiis provision as to age if he shall have on file a
validi certificate or permit duly signed by the Authority' in such
State emipowered to issue employment or age certificates or permits
showing that t~he employee is of the r~equiredl age.
SECTION 2. Employees shall have the right to organize and bar-
gain collectively through represe~nntaives of their owrn chooingcnn and.
shall be free from the interference, restraint, or coercion of employers
of labor, or their agents, in the designation of such representatives
or in self-organizat.ion or in other concerted activities for the pur-
poses of collective bargaining or other mutual aid or protection.
SECTION 3. No~ employeP and no one seeking emlployment shall be
required as a condition of employment to join any company umion
or to reframn froml 30mmig, organizing, or assisting a, labor organiza-
tion of his own choosing.
SIECTIIO;N 4. Employers shall comply with the mlaximum hours of
labor, rzminimumn rates of pay~, and other conditions of employment
approved or pr~esc~ibe~d bly the President.
SECTION 5. Within each State thiis Codle shall not supersede any
Federal laws or any laws of such State imlposingi more stringent
requirements on employers regulating the age of employees, wages,
hours of workr, safety or health,? insurance, fire protection, or general
working conditions than. under this Codle.
SECTIN 6. Employers shall1 not reclassify employees, their basis
of compensation, or the duties of occupations performed by employ-
ees, or engage in any other subterfuge so as to defeat the provisions
of thlis Code or the purposes of the Act.
SECTION 7. All employers shall comply with the rules and regula-
tions issuedl from time to time by the Administraltor with respect to
posting notices, bulletins and extracts from this Code.
SECTION 8. NOt.1ing herein contained shall be construed to apply to
employees whose hours of employment and/or rates of wagnes are
established for specific projects by competent gov-ernmental author-
ity (]Federal, State, or political subdivision thereof ) acting in accord-
ance with law, or to emp~loyees~ whose~ hours.- of employmentrrn and/or
rantesi of~ wages are established by wa.ge agreements now in force;
provided! however, su~ch. agreement or projects do not provide condi-
tions of employment, rates of wages, or hours of labor less favo-rable
to an employee than those contained in this Code.
SEJCTION D. SarfetyJ and Hac~ltfh.-- Every employer shallI make rea-
sonable provisions for the? safety and health of his employees at the
place andl dulring the hours of their employment. He shall not be
relieved from comply~ingr with all national governmental regulations
referringg to occuipational safety and health insofar as the same may
apply to the work of his establishment,.
Standards for safety and health shall be submitted by the Code
Authority to the Admlinistr~ator for approval within six j(6) months
after the effective date of this Code.
SECTIOIN 10. No member of the industryy shall contract his work to
any person except when such person is subject to the provisions of
SECTION 11. Apprentices (or helpers) serving three (3) years in
lear~ning thte trade, shall not exceedl in number ml any one establish-
ment twenty-five (25) percent of the number of journeymen cutters
employed by anyr one (1) employer.
ARTICLE VI--ADII ISTRaIN~ro
SECtrow 1. To further effect~uate the policies of the Act, a Code
Atuthlorityv is hereby constituted for the administration of this Code,
SECTION 2. Tlhe C~ode Ar~uthority shall consist of the Chairmen of
the several Divisionlal Control Committees hereinafter established.
In addition to mlembt.ership as above provided, there may be three
members, without vote, to be appointed by the ~Administrator, to
serve for such term or terms as he may specify. No two members,
or alternates, of thle Code Atiuthority shall be affiliated with any single
mlember of the Industry.
(a) One (1) alternate may be selected from each Division to rep-
resent the Clhairmnan of the Di-visional Control Committee on the
Code Authority in his absence. No alternate shall, however, be
affIiliatedt with anly member of the industry already represented on the
SECTION 3. The Code Steering Committee of the Wholesale Monu-
mental Grlanite Inrdustry is hereby designated as a temporary Code
Authority until the permanent Code Authority hereinbefore referred
to shall have been elected.
SEenowC, 4. The temporary Code Authority is hereby designated as
the, agrency to conduct the first election, or elections, of the Divisional
Control Committee. Such elections shall be held within sixty (60)
da ~s following the effective date of this Code.
SEC'TIO)N 5. Div'isions are hereby established as follows:
Divis~io n. No. 1.--Comaprising the States of IMaine and Nrrew
Division No. S.--Comprising the State of Vermnont.
Dniv~s~ion. No. J.-Comprising the State of Massachusetts.
~Dirision No. a.-C(lomprising the States of 1Rhode Island and
Division No. 5.-Comprising the States of New7c York, Pennsyl-
vania, W~est Virginia, New~ Je~rsey, Delaware, Maryland, District of
Columbia, that portion of the State of V~irginia which lies north of
the James River excluding Alleghnenty County, and P-orto Rico.
D~iision-) No. 6.-Comprising the States of North Carolina, South
Carolina, Greorgia, KTentucky, Tennessee, Alabama, Florida, and that
portion of the State of Virginia which lies south of the James River,
including Allegheny County.
Divrialon No. r.--Comprisingr the States of Missouri, Texas, Okla-
homa, Kansas, Arkansas, Louisiana, and Mississippi.
Division No. 8.--Comprisinga thle States of Wisconsin, Michigan,
Illinois, Indiana and Ohio.
Div~ision No7. 9.--Comprising the States of Minnesota, South Da-
hota, North Dakota, Iowa and Nebraska.
Division No0. 10.--Comprising the States of Colorado, New M1exico,
WyVoming, M~ontana, Utah, Arizona, and Idaho.
D~ivisica No. 11.--Comprising the States of California, Nevada,
Oregon, Washingt.on, the territory of Alaska. and all other parts
of the United States not specifically included in other divisions.
SECTION 6. The above Divisions and any others which may subse-
quently be formed within thle Wholesale M~onumental Granite In-
dustry, shall be independent and self-governing in respect to all
conditions aind problems relating exclusively to the particular divi-
sionL~ subec wto ithaprolVal of thle Code Authority and the Ad-
mlinistrator. Proposals with respect to matters affecting more than
one Division mnay be initiated by any Division and shall be submitted
for consideration to the Code Authority and its determination shall
be binding upon said Division and all other Divisions affected
thereby, subject to the approval of the Administrator.
SECTION t. A Control Comlmittee shall be established by and for
each division of the industry, consisting of not less than three, nor
more than seven members who have assented in writing to this
Code; provided, however, that no two members, or their alternates,
shall be affiliated or associated withi,or employed by, any one mem-
ber of the Industry.
SECTION 8. Each Control Committee shall have such authority and
power as mnay be conferred upon igby the Code Aut~hority in respect
to administering thiis Code in the particular Division for which the
Co~ntr~ol Committee is set up.
SECTION 9. T~he members of each Divisional Control Committee
shall be elected in a fair and equitable manner by the members of
the :industry whose principal place of business is in that particular
division, and who hav~e assented in writing to this Code. The method
of such election shall be subject to the approval of the Administrator.
Notice of the time and place of all elections shall be sent by regis-
tered mail, at least ten days in advance of any election, to all mem-
bers of the industryT within that particular ~Division who have as-
sentedl to the Code. Voting at such election may be by person, by
proxy or by letter ballot. A pluralityI of the number of votes cast
shall be~ necessary for election.
SECTION 10. If any Division does not elect a Control Committee
as herein, prov-ided; the members of the Code Authority shall have
and mIay exercise all powers which thle Control Commiittee would
have in such Division.
SECTrox 11. ]Each trade or industrial association directly or in-e u
directly participating in the selection or activities of the Cd u
thority shall (1) impose no inequitable restrictions on membership,
and (2) submit to the Administrator true copies of its articles of
association, by-laws, regulations, and any amendments when made
thereto, together with such other information as to membership,
organization, and activities as the Administrator many deeml neces-
sary to effectuate the purposes of the Atct.
SECTIION 12. In order that the Code Author~ity and the Control
Committees shall at all times be truly r1epresentatl\ve of the Indu~stry
sad in other respects comply with the pr~ovisions of the Act, the
Administrator mnay prescribe such hearings as he may deeml proper;
and thereafter if he shall find that the. Code Authorit~y or anly Con-
trol Commuittee is not. truly rezpresentative or does not in other re-r;
aspects comlply with the provisions of the ALct;, mary require an appr~o-
priate miodifilcation in the method- of selection of the Code ~Athorityy
or such Control Commnittee.
SECTION 1;3. M~ember~s of the Ind-ustry shanll be entitled to par-
ticipate in and share the benefits of the activities of th~e Code A~u-
thoritya and.l'or the Control Committees and to participate in thle
selection of the members therieof, as hereinbefore providled, by ats-
sentinr t~o andr c~omply~ing with the requirements of this Codte andi
sustaimngn their reasonable share of the expenses of its admlinistra-
t~ion. The reasonable share of th~e expense of admninistratiion shall
be determined by the Codfe Au-thority and/or the Control Commlit-
tees, onl thre basis of volume of business, and/or such other factors as
miay be~ deemned equitable to be taken inlto consider~atio~n, subject to
review by the Adminisjtrator. PL
SECTroN 14. NJothing contained~ in thils Code: shall constituted the
members of thle Code Authority or the members of the Cont r~ol Com-
mnittees partners for any purpo-se. NTor shllH any member of the Cod'e
Authiority or any mlemb~er of the Control Comitrnteees be liable in any
-manner to anyone for any act of any othe m~embler, oflcer, agrent, or
emplloyee of the Code Authority or the Contr~ol. Committees. Nor
shall any m~emlber of the Code A~uthlority or any member of the
Control Commnittees. exercuising reasonable diligence in the conduct
of his du:lties hlereunder,, be liable to anyone for any notion or omlis-
sion to act under this Code except for hnis own willful miisfensannce
or nonfTen sance.
SECTION 15. Pouvra).j anld Ducties.'T'he Code Author~ity shall have
the follow-ingr fur~ther powers andt duties, the exercise of which shall
be recported to the Admlinistrator.
(a) To insure thle execution of the provisions of this Code n~d
prov-~ide for the compliance of the Industry withi the provisions of
the Act, under such rules anid regulations as may be prlescr~ibed by
(b)1 To adopt b-laws and~ rules and r~egulations for its procedure
and o h adiutration and enforcement of the provisions of th~e
Code, under such rules anld regulations as ma.y be prescribed by the
(c) It shall elect its offieers (who need not be members of Code
Authority or employers in th~e industry) by3 a vote of its members,
and may employ~ such personnel as it deems necessary. It may ap-
point such committees consisting of members and/or non-mnembers
as it deems desirable, and mayv delegate to such committees such
aulthorityv as it deems necessary. It shall have no authority o~r ac-
tivity nolt related to the provisions of this Code.
(d) The Code Authority shaUl in conjunction with the Divisional
Control Committees coop~erate with thle Ad~ministrator in making
investigations as to the fuinctioning~ and observance of any provisions
of this Code, and in adjusting complaints thereunder on complaint
by any person affected, and report its findings and recommendations
to the Administraltor. The Code Authority shall be empowered to
tak~e su~ch action andi establish such committees or agencies, national,
regional or local, as mnay be necessary to secure compliance with this
Code .Eubject to rules and regulations as the Admninistrator mnay
(e) T'he Code Authority may study the trade-practice provisions
incorporated in this Code, and the operation thereof, and may fromt
time to time manke such recomineundations to t-he Administrator, as it
considers desirable for miodlifications- or addition thereto and as are
appr~ovecd by the Divisional Contr'ol Comimittees wThose divisions are
(f) The Codle Auithority may, at its discretion, present recomi-
mendlat~ions to the Aidministrator. basedl on conditions in the Industry
as they may develop from timie to time. Such recommendations shall
be dlesigrnedl to facilitate the operations of the provisions of this Code
anld th~e p~oliev of the National Industrial Rec~oeryl Act..
(g) The Code Authority through the agency of the Divisional
Control Commni~ttees and slich addcit~ional agencies or associations as
it mayg designiate shall collect sworn or unsworn reports from miem-
bers of thle Industry in respect to hours of labor, wlages, conditions
of unemployment. nu~mber of employeesj, plant capacity, production
orders, shipmlents. inventories. and any other matters pertinent to
the admninistration of this Code as it may specify or as the Admin-
istrator' may require, in order that the President may be kept in-
formied witl respect to the observance and performance of the Code.
(h) The Code Authority may, at its discretion, set up as agencies
any or all of the following committees, or any other committees, if
their existence w~ill further effectuate the policies of the Act, viz;
Complaints and/or Grievances (except Labor)
Suich Commiittees mlay likewise be created within the DivIsionis of
the. Industry by any Divisional Control Committee at its discretion.
(i) The Clode Authority may recommend to the Administrator
amendments and or modifications to this Code, which shall become
effective as part of this C'ode upon approval of the Administrator
after such notice and hearing as he may prescribe.
(j) The Code Authority shall cause to be formulated an account-
ing systemn and systems and methods of cost finding and/or estimlat.-
ing capable of use by all members of the industry. After such
system and methods have been formnulatedl and approved by the
Administrator, full details concerning them shall be made available
to all members. Th~ereaft~er all members shall determine and /or
estimate costs in accordance with the principles of such methods.
(k) To use such trade associations andi 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 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.
(1) To make recommiendations to the Administrator for thieco-
ordination of the administration of this Codle w~ith such other codes,
if any, as mnay be related to the Industry.
(m) To secure from members and/ior YDivisions of the Indust~ry an
equitable andc proportionate paymentn ofE the reasonable expenses of
miaintaiining the C~ode AuthorityS and its activities, under such rules
and regulations as may be prescribedt by the Ad~ministr~ator.
(n) To recommends' to the Aidminist*r~ator further fair trade prac-
tice provisions to govern mIemb'ers of the Ilndustryp i~n their relation
wit~h each other or w~ithl other industries andi to recommend to the
AdminisP~trato measuresi for inutrlia~~l plann~ng, ~Uincuig StabiliZa-
tion of emp~loyment.
(o) To establishi classifications and standards of quality for mate-
rials of the Industry, subject to the approval of the Adminisjtr~ator
in order to assist in making effective the reports from the Indusry
and in chiminatingr unfair competition.
(p) To appoint a trade prnct~ice committe which shall meet wcith1
the trade p~ractice committees apptointed umder such other code~s ars
may be related to the industry for the purpose of formulatingfi
trade practices to giov-ern thlerelat.Ions hipsi betw-een pr'od~uction and
distribution e'mploy-ers under thlis ceode and under such others
to the end that such-' fair trade, pjractices may be pr~oposed to th~e
Administrator as amen~menits to this codei -and such otherr codes.
SECTION 16. If the A~dministra~toir shall determ'lline that any actionI
of the Code Authority o any agency thereof may\ be unfair or un-
just or cont~rary to the public interest, the Admiinistrato r may req~cuireo
that such action be suspenldedl to afford~ an op'por'tunity for investi-
gation' of the merits of such action and~ further1 consideration by the
Code Authorit~y or age~ncyv pending the final action whIich shall n'ot be
effective unless the ALdministrantor approves or unless he shall fail
to disapprove after thirty (30) days'~ notice to him of intentionl to
proceed with such nation in its original or modl-lified form.
SECTION 17. The Administr~ato r may from t~ime to ~time, upon re-
quest, or upon his owrn initiatives, issue suchl admiinistrative interp1-re-
tations of this Code as are necessary to effectuante its purposes, andi
such interpretations shall bcomne op~erative as a, part of this Corde,
unless the Administ~rator shall otherwise specify.
SECTION 18. In addition to the information r~equir~ed to be sub-
mitted to the C'ode Aluthority,- all or any of the persons subject to the
codle shall furnish~ such statistical information as the Administ~rator
mlay deem necessary for the pur~po~ses recited in Section 3 (aL) of said
Act to such Federal and State agencies as the Admlinistrator may
designnate; nor shall ~nyt~hing in the? code relieve any person of any
existing obligation to fur1nishi reports to Gov-ernmecnt agencies.
AC~RTICLE VII--FUBLIC'ITY OF PRICES. TERMS, AND CONDITIONS OF S-~u~~I
SECTION 1. Within thlirty (30) dayTs after the effective dlate. of this
Code each mrember of tehe industry shall publish and file w\ith the
Code Authority his prices, t~ermis, and conditions o~f sale on all pr~od-
ucts, wTith the prices, terms, andc conditions of sale affecting ecnch
such class of customer in the territory to wh'lich~ such1 prices, terms,
and conditions of sale apply. Coincident w~ith~ such~ publlication,
each member of thle industry shall file wFith the Code Authority a
sufficient number of complete schedules of such prices, terms and
conditions of sale, which shall become effective immediately, and
the Code Authority shall immeidiately distribute to all members of
the industry and shall make available to all interested parties such
schedules of prices, terms and conditions of sale.
SECTION 2. In the event of any change by any member of the
industry: in any price, terms, or conditions of sale, he shall file full
and complete copies of every change writh the Code Authorit~y; all
such changes shall become effective immediately upon such filing
unless and until the Code Author~it~y shall designate periods within
which any such changes shall become effective, subject to t~he approval
of the Admninistrator, but in no ease shall any such period exceed.
ten (10) days after thre date of the filing of the change. Copies of
a~ll changes filed shall be immediately distributed by the Code Au-
thority to the membhers of the Indlustry. Information on such price
changes shall be available to the trade to which it is applicable and
to all other interested parties, on the effective date of such change,
andi each such member shall coincidentally file such information in the
office desiglnatedd by the Code Authority for immediate distribution
by the Code Authority to the members of" the Industry.
SECTION 3. lIn the evenlt thait any member of the Industry shall
not. receive sufficient notice of the filing by any other member of any
change in prices or: terms and conditions of sale as will enable the
member first mentioned to meet the said change on the effective date
thlereof, such member may file with t~he Code Authority such changes
ini his prices, terms, and conditions of sale as may be required to
meet. the change filed by thne other member. Changes so filed shall
become effective on the same date as thre effective date of the change
of the member first filing as aforesaid, or if such change hlas atlreadly
be~com~e effective, then thle changes subsequently filed shall become
e ff ect~ive i mmned ia tely.
SECTION. 4. No member of the Indulstry shall sell, pay a rebate, or
allow a deduction at, any timne to any person except, in necordance
withn his prices, terms and conditions of sale then in effect. and pub-
lished3 in the manner described herein. Each member of the Indus-
try shall have the right, individually, to publish newv prices, terms
andl conditions of sale, from time to time, as herein provided. Each
member of the Industryr may grant a trade discount to the wholesale
ARTICLE VIII -TRADE PRACTICE RULES
SECTIONu 1. 2387/&/10% ffom 8tan2dards.--No member of t~he Indus-
try shall deviate fr~om the standards for materials of the Industry
established by the Code Authority and approved by the Adminis-
t~rat~or by any deceptive or false means or device with the effect of
misleading or dleceivinga purchasers or prospective purchasers.
SECTION 2. Selling beolow Cost.--No member of the Industry shall
sell below his own cost determined in accordance with Section 15
(j) of Article V~I; provided, however, that any member of the In-
dlustry may sell belo his cost so determined to meet the competition
of another member whose prices, filed in accordance with the pro-
visions of Article VII, do not violate the Code.
~SECTION 3. Untfair Discriminat ion.--No mnember of the I~ndustry
shall either directly or indirect~ly discr~imn n ate ini price between
purchasers in the same class, provided that nothing~r herecin contained
shall prevent discrimiination in price between pur1chiasers~ of the same
class on account of differences in~ the grade, quiaity, or qluantity of
the commodityr sold; or discr~imination in price thant makes only due
allowance fo-.:r,,, difeecei the cost of selling or transportation; or
discrimination inl price in the some or different. communities made
mn aood faith to meet competition.
~ECTION 4. Intaccuracte Labelling.-No members of the Indunstry
shall falsely mlark or brandt products of the Industry,, with the effect
of mnisleading or deceivin purcha"sers wTithl reSpecLt to~ thle quality,
quantity, grade, or substance of the goods pu1rchased.. Ev.eryS membe, r
of the Inldustr whIo qu~arr'ies granite to be usedl in public or private
mausoletunis, mionumncits, headstones, manrkers, or other forms of
memorials, shall be r~equiredl to register with thea Code Aut~horitly the
namne and loention of each and every quarry operated andl the namie
or names of the ow-ners thereof; and thereafter no r~egister~ed pro-
dlucer, q'uarr~ier" ", "holesale manufacturer or wholesale dis-
triblutor shall makep any sales; wit~hoult. clerly indicratingd thne name
and location of the qluarr~y where thle stone was p>roduced which lname
shall app-ear both on t~he stone and on thne invoice. Whlen any such
name or tradle, mark appears on the exposedl surface of a stone, it shall
not exceed in area two (2). squa~e :inch~es; provided, how~eer, that
nothing contained herein shall be constru~ed to conflict in any way
withl the provisions of the trade marke or copyright laws.
SECTION 5. In~terfe'enlce with Other's ConLtracts.--No member of
the inldusctry shall willfully induce or attempt to induce the breach
of existing contracts between co~mpetitors andi their customners by
anly false or deceptive means whatsoever, or to interfer~e with or ob-
struct thle performance of any such contractual duties or services byl
any such mheans,.with~ Ithe purpose anrd effect of undluly hamper~ing,
injuring, or emnbarrassing competitors in their businesses.
SECTION 6. PZiracIy of Trade~ MFrkiS.--No m~ember of the industry
shall imiitate the trade manrks or trade names of Completitors, havring
the tendency and the capacity to mislead or decceive purchasner~s or
SECTION ?. Defnlrd-flolr.-N O membe r of the i ndu~st ry sh all def am~e
compet~itors by falsely impurtingP to them dishonorable conduct, in-
ability to perfo-rmn contracts, que~stionable credit standing, or other
false representations, or falsely disparage the gradle or quality oif
their goods, with the tendency and capacity to mislead or deceive
p-urchasers or prospective purchansers.
SECTION Q. CO/OnfT1 0/9/ 'ith $Uanlel1s.-No memberP of the indlus-
try shall sh~ip or deliver products which do not conform to the sam-~
ple submitted or representations mande prior to securing the or~der~s,
with~ the effect and capacity of decceivingr or mislealdinga purcha~sers;
but such changes may be made with the written consent of the
SECTION 9. Deception of CuJntomrc;s.--N o member off the industry
shall sell or offer for sale any product of the industry by any failse
means or device which has the tendency and capacity to misl~eadl or
deceive customers or prospectiveo customers as to the quantity, quanl-
ity,~ substance, or size of such product.
SjECTION 10. MVideadin ,g Adzlertisin2g.-No member of the industry
shall make, or cauISe or permit to be' made or published, any false,
untrue, or diecep~tivet statement byv way of advertisement or otherwise
concerning the grade, quality, quantity, substance, character, nature,
origin, size! or preparation of any p-roduct of the industry, having
the tendency anrd c-apacity to misleadl or deceive purchasers or pro-
SiECTroN 11. Un91fajirly Securingl~ Informa17(tior Aboult Comp2~etito's.--
No mnember of the7 inldustcry sh~all secure information from comnpeti-
tors concerning their businessesr by false or miisleadling statements
or representations or by false impersonations of one in authority.
SECTIO)N 12. ,fi'i~~'Cetl~tepe~ll /lOli of (Bid.--No member of the indus-
try shall m~isleadl or deceive any~ bidder as to the amounts andl condi-
t~ions of other bidls or by anly other false information, for the purpose
of inducing s~uch biddlcer t~o cut. his own bid.
SECTION 13. Rccl2lequc~irent of Purrchasei or Lea~e.--No mnemlber of
the indlustry shall requiire that the purchase or lease of any goods be
prerequlisite to the purchase or lease of any other goods.
S~ECTION 14. CIOmme)1rcial Bribery.--No member of the industry
shall give, permit to be given, or directly offer to give, anything of
value for the purpose of influencing or rewarding the action of any
emp-loyee, agent. or repr~esentative of another in relation to the bursi-
ness of the employer of such employee! the principal of such agent
or the represented party', without t~he ktnowflege of such emp~loyer,
principal or paRrty. This provision shall not be construled to pro-
hiibit free and general distribution of articles commonly usedl for
advertising except so far as such articles are actually used for comn-
mnercial bribery as hereinabove defined.
.CECTION 15. M7ficl.P4srep trentionl..-NR o member of the: indlust ry~ shall
falsely represent any materials and '?or services of t~he industry as
comnplying w~ith such standards as may be established by the Code
A-uthorityr with the approval of the Administrator.
SEjCTION 16. FnJG 86 NvOiCes.--NO member of the industry shall
wit~hholdl from, or insert in, any invoice st~at.emnent~s which make the
invoice a false record, wholly or in part, of t~he transaction repre-
sented on thle face thereof.
SCECTIO N 17i. 94//8f of ,7eatsure.--(a) The industry approves the
superficial foot as the unit. of measure in slabs, and further approvoes
t~ho customs under which the working size of a dimension slab shall
be construed as allowing not over two (2) inches oversize, and on
mill lengthy slabs not over ten (10) percent allowance on length and
not over two (2) inches oni width.
(b) The. industry approves the cubic foot as the unit of measure
for volume, and further approves the custom under which the workr-
ing size of said unit on rough dimension stock shall be construed as
permitting an allowance of two (2) inches or less on any dimension.
(c) Any deviation from the above methods of measurement by
the seller shall constitute a violation of this Code.
SECTION 18. Other Unfair Prnc~tices.-Nothing in this Code shall
limit the effect of any adjudication by the Courts or holding by the
Federal Trade Commission on complaint, finding, and order, that
any practice, or method is unfair, providing that such adjudication
or holding is not inconsistent with any purposes or provisions of
the Act or of this Code.
ARTICLE I11-FOREIGN TRADE
No provision of this Code r~elating to pr,!ices or' termiis of selling,
shipping, or mnarketing shall apply to export trade or sales or ship-
ments for expor~t trade.
SECTION i. TllS ClOde Dntii all file p~rovisions th~ereof atre expressly
made subject to the right of t~he Presiidtent, in accordannce with the
p~rovisions of subsection (b) of Section 10 .0f the Act, from time
to timne to cancrel or1 mnodifyv any- ord~er, approval, license, rule, or
regulation issuedl under said A~ct.
cSECTION g. Thin Code, except as to provisions required by the
Act., may' be modified on the basis of experience or changes in cir-
cumstances, such modifications to be based upon application to the
Adlministrator by the Code Authority and such notice and hearing
as he shall specify, anld to become effective on approval of the
,PrIes iden t.
ARTICLE, XI-M~ONOPOrLIEs, ETc.
No prov-isiola of this Code sha~ll be applied as to permit monopolies
or monopohistic pr1actices, or to elilnunate, oppr~ess, or discriminate
against small enterprises.
AuRTICra XI[I---PRICE INCREASES
Whereas the policy of the Act to increase real p~urch~asingr power
will be made more difficult of consummiatio n if prices of goods and
services increase as rapidly as wages, it is recognized that price~
increases except such as may be required to meet individual cost
should b~e detlayedc but wvhen made such increases should, so far as
possible, be limited to actual addlitionnd increase in the seller's costs.
ARTICLE XIII-IT;?aNDARD TERMXS--CASH: DISCOUNKTS AND CREDIT
SECTIO)N 1. Except, during th~e months of Janu~aryS, February and
Manrc~h, wThen shipmnents mnay be made in advance of actual require-
mnents by mlutual agreement, no membler of the industry shatll extend
to a cusitomer outside the indiustry more fa-vorable terms of credit
than seven (7) percent for ensh with order~~,.five (5) percent for cash
within fifteen (15) days after date of shipmnent, net thirty (30) days,
or trade acceptance in sixty- (60) days; anld inr thne months specifically
mentioned ab~ove t~he billingr-date of such shipments shall be not latter
than A2pril 1.
SjECTION 2. NO cr~ecit shall be extendled knrowingly to any custom-
ers whlose accounts w~ith~ anyr member. of the indrus~tryS shall remain
unpaid for a period of ninety (90) dalys after th!e terms of salte as
specified in Section 1 hereof. This Section shall not be construed
to permit the. use of a blacklist or any eq:uivalent~ device, sulch as a
white list, and shall not be r~etroactive conrcrning necoun~ts o-wecl by
r customers or credit given prior to the elective datet of this Code.
UNIVERSITY OF FLORIDA
UII IIIlIIII IIl IIUllllillillIlllllllllllil lllli ll
96 3 1262 08486 8735
AR ICLE XIV-EFFECTIVE DBrE
This Code shlall become effective on t~he second Monday after its
approval by the Admiinistrator.
Approvedl Conde KN. 4419.
Regristry No. 10~3-4)2.