For sale by the Superintlendent of DocumenUs. Washington, D.C. - Plrie 5 eents
Approved Code No. 388
Registry No. 1039--11
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON APRIL 6, 1934
li Do OUR PARt
GOVERNMENT PRINTING OFFICE
This publication is for sale by the Superintendent of Documents, Government
Printing Offic~e, WCashington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 P~ost Office Building.
Birmingham, Ala.: 257i Feder~al Building.
Boston, Mklass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, 8.O.: Chamober of Commerce Building.
Chicago, Ill.: Buite 1706, 201 No~rth W'ells Street.
Cleveland, Ohio: Chiamber of Comlmerce..
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bankl Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Ch~amber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
K~ansas City, Mo.: 1028 Baltimore Avenue.
Los Anlgeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 F'ederal Building.
Mlemphis, Tenn.: 229 Federa'l Building.
1Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225j-A, Custombouse.
New York, N.Y.: 734 Custombouse.
NIorfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Offce Building.
St. L-ouis, Mo.: 506 Olive Street.
San Franciso, Callif.: 310 Custombol7use.
Seattle, WBash.: 800 Feder~al Office Building.
Approved Code No. 388
CODE OF` ]FAIR COMIIPETIITION
As Approved on April 6, 1934
~ArrnRovrw CODE OF EIAIR COMPETITION~ FOR THE: SANDSTONE INDUISTRY
An application having been duly made, pursuant to and in full
compliance with the provisions of Title I[, of the National Ilndustrial
Recovery Act, approved June 16, 1933, for appr~ovnl of a Code of
Fair Competition for thie Sandstone Industry, and hearings having
been. duly held thereon and the annexed~ report on said Code, con-
taining findings with respect thereto, having been made and directed
to the President:
NOW, THIEREIFORE, on behalf of the President of thle United
States, I, H~ugh S. Johlnson, Adm~inistrator for Industrial Recovery,
pursuant to the authority r-ested in me by Exec~utivet Orders of the
President, including Executive Order NJo. 6543-A~, dated Decemlberr
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approcvedl; provided,
(a) That the provisions of Article VII, Section 2, insofar as they
prescribe a waiting period between the filing with the Code Author-
ity~ and the effective date of revised schedules of prices and terms
and conditions of sale be and they are heretby stayed pending m~y
further Order either within a period of sixty days from the effective
date of this Code or after the completion of a study of open price
associations now being conducted by the National Recovery
(b) That the wages and hours established in this Code are ap-
provedl only because of competitive conditions with the L~imestone
Industry and such approval shall not constitute a precedent for any
other Industry, and
(cl) That in the event of revision of the labor provisions of the
Coe of Frair Comrpetit~ion for t~he Limestone Industry, the Code
AuthlorityS of the! Sandstone IndustryS shall submit recommendations
in respect, to making like rIevisions of the Sandstone Code.
Huan S. JouNsow,
A dm12inisjf'traor for In~dustria! .Rec'overy.
A~. R. GLANCY,
Division, Adnzmiistratr ?.
WAISHING;TON, D. C.t
AprR'; 6, 1394.
REPORT TO TH~E PRESIDENT
The WF;hite Howe.
Sta: This is a report on the Code of Fair Competitionr for the
Sandstone Industry, a hearing on which was conducted in W~ashning-
ton on the third of January, 1934, ini accordance with the provisions
of the Nrational Industrial Recovery Act. The Code covers the
quarryinlg anrd fabricating of sandstone for building purposes, break-
waters, pulpstones and grindstones.
PROVISIONS OF THE CODE AS TO WAGES AND HOURS
This Industry~ is closely related to, and competiti-ve with, the
Lim~estone Industry alnd the hour and wage provisions are generally
the same. The Code provides for a work week of forty hours aver-
aged over three-month periods and limited to forty-elghnt hours in
any week, six days in any week and eight hours in any twenty--four.
Exceptions are provided for employees engaged in executive, pro-
fessional, administrative, or supervisory work who earn Thrirty-fi~ve
Dollars per week or more, for salesmen, for watchmen with a tw~el~ve-
hour per day and sixty-four hour per week limitation, and for firemen
and engineers, who are allowed two hours per day and twelve hours
per week extra.
Truckmlen, shipping clerks, plant maintenance and emergerncy
crews are also excepltedl, but receive time and one-third for work in
excess of eight hours per dlay.
M~inilnulm wage rates are thirty-eighnt cents per hour in the North
and thirty-five cents in the South. `Provision is made for handicapped
persons, in accordance with your Executive Ord~er. A_ minimum of
Fourteen Dollars per week is provided for salaried office employees,
except offce boys and girls, who may receive eighty per cent of this
wage! and are limitedl to five per cent of the total office employees.
Area agrelements as to wages, reached by bona fide collective bar~gain-
ing, and an Industrial Relations Board to settle labor disputes are
provided for ini the Code.
ECONOlulC: EFF;C'TS OF THE CODIE
BetwFteen 1_929 and 1931 the sandstone sold for building purposes
drolpped six~ty per cenlt and a further decreoae occurred in 1932.
Employment fell from 2700 to 1400 employees. Under these condi-
tions there will be little or no re-employment under the Code,
which. will, however, produce an increase in earnings of the em~-
ployees. TChe principal hope for this Industry to reabsorb its
Ilnemplo~ryed rests ulpon a revival of construction. Completed~, accurate
data on this Industry are not avanilable.
The Assistant Deputy Adrminist~rator inl his final report to me
on said Code havinea found as herein set :forth and on the basis of
all th-e proceedings in thi$ mnt~ter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
remnovtl of obstructions to the free flow of interstate and foreign
commerce wcshich tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of
industry for the purpose of cooperative action among the trade
groups, by inducing and maintaining united action of labor and
management under adequate governmental sanctions and supervision,
by eliminating unfair competitive practices, by promoting the fullest
pssible utilization of the present productive capacity of industries,
byo avoiding undue restriction of production(except as may be
Itemporarily requirede, by increasing the consumption of industrial
and agricultural products through increasing purchasing power,
by reducing and relieving unemployment, by improvinga standards
of labor, and by otherwise rehabilitating industry;
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as appr~loved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsect~ion (a) of Section 7, and
Subsection (b) of Section 10 thereof ; and that the applicant Associ-
ation is an indcustr~ial association truly rep~resentat~ive of the afore-
said Industry; and that said Association imposes no inequitable
restrictions on admlissioin to membership therein.
(d) The Code is not dlesigned to and will not permit monopolies
or monopolistic practices.
(e) TPhe Code Is not designed to and will not eliminate or oppress
small enterprises and wPill not operate to discriminate against them.
(f) T'hose engagned in. other steps of thle economic process have
not been deprived of the right to be heard prior to approval of
I wish to point out thie fact that the labor provisions of this Code
are subject to further consideration and revision, and are being
approved primarily because of the existence of similar provisions
in the approved C~Code for the competing Limestone Industry, and
it is not my inte~ntion to establish these provisions as a precedent
for other stone codes.
Should it become desirable to revise the labor provisions of the
Limestone Code, consideration wpill be given to revising this Code
at the same time.
For, these reasons, therefore, I: have approved this Code, subject
to a stay on the provision for a waiting period between time of filing
prices and the effective date thereof.
~Huax 8. JoHNson,
~Ariu 6, 1934.
CODE OF` FAIR COMPETITION F"ORI THCE SANDSTONE
T'o effectuate the policies of Title I: of the National Industrial
Recovery Act, the following provisions are established as a Code
of F'air Competition for the Sandstone Industry and its provisions
shall be the standard of fair competition for such Industry and shall
be binding upon every member thereof.
SECTION 1. The term industry as used herein includes the
quarrying, fabricating, and/or sale by quarriers or fabricators of
sandstone (but not including natural cleftstone) for use as building
stone, curbing, flagstone, gare vaults, grindstones, breakzwaters,
firestones or pulpstone, and such branches or subdivisions thereof
as may from time to tune be included under the provisions of this
SECTION 2. Employee.--The term. employee as used herein
includes anyone, exrcept a membr of the Industry, engaged in the
Industry in any capacity receiving compensation for his services,
irrespective of the nature or method of payment of such compensa-
SECTION 3. Employer.--The term. employer as used herein
includes anyone by whom any suchn employee is compensated or
OECOTION 4. Memrzber of the I~ndu~stry.--The term '" member of the
industry as used herein includes anyone engaged in the industry
as above defined, either as an employ :er or onl his own behalf.
SIECTI~ON 5. The sterns "L President "Act ", and "A~-~dministrator "
as used hnerein shall mean respectively th~e President of U~nited
States, Title I of the Niational Industrial Recovery Act, and thze
A8dministra-tor for Industrial Recovery.
ARTICLE III-Houns 1
SEC'TION 1. HE~OST8.--Except as hereinafter set forth, no employees
shall be permitted to work ini excess of forty (40) hours per week
averaged over three months periods; or ini excess of forty-eight (48)
hours in anyV one weekl or in excess of six (6) days mn any one we~k,
or in excess of eight (8) hours in any twenty-four (24) hour period.
SECElON 2. The maximum hours specified in Sjection 1. of this
Article shall not apply to employees engaged in professional, execu-
tive, administrative, or supervisory work when earning thirty-five
1 See paragraph 2 (b) of order approving this Code.
(835) dollars per week or mlore; nor to outside salesmen. The maxi-
mlum hours specified in Section 1 of this Article shall not apply to
watchme~n. No watchmen em~ploy'ed in this industry shall be per-
mitted to wor~lk in excess of twcPelve (12) hours in any twenty-four
(2)hour period, or int excess of sixty-four (64) hours in any one
we.The mnaximum hours specified in Section 1 of this Article
shall not apply to firemen or to plant engineers, who may be per-
mitted to work not more than two (2) hours in any day' or twelve
(12) hours per week: in excess of thle maximum hours prescribed in
Section 1 of this AQrticle.
SECTION 8. T'he maximum hours prescribed in Sect~ion 1 of this
Article shall nzot apply to truckmen, shipping clerks, plant mainte-
nance crews, and those engaged in cases of emergency work requiring
the protection of life or ~proper-ty. Such employees shall not be
permitted to workr more than sixr (6) days in any one wreek, nor
more than forty-eight (48) hours mn any one week, and shall be
compensated at one and one-third times their regular rate of hourly
pay for all time! worked in excess of eight (8) hours in any twentyv-
SorECTION 4.(4 Tiour al HT~ br8.--No employee shall be~w permitted to
work for a total number of hours in. excess of the number of hours
prescribed herein for each wPeek and each day,_ whether employed
by one or more employers.
SEOTION 5j. Employers who personally perform manual work or
are engaged in mechanical operations shall not exceed the prescribed
maaximum number of hours.
SECTON 1. Ra8$68 of Pay.--(a) Except as hereinafter set forth,
no employ-ee shall be paid at less than thle rate of thirty-five (35)
cents per hour in the ISta~tes of Alabama, Arizona, Arkansas, Florida,
Geor~gla, Kentucky, Louisiana, Mississippi, New Mexico, North Caro-
lina, Oaio (south of the 41st degree o'f latitudee, Okilahoma, South
Carolina, Tennessee, Texas, Virginia, We~stVirginia, or at less
than the rate of thirty-eight (38) cents per hour elsewhere.
(b) The amounts by which hourly wage rates in the higher paid
classes of employees exceeded wages in the lower paid classes of
employees on July 1, 1933, shall be at least maintained where
(c) This article establishes a minimum rate of pay which shall
apply, irrespective of whether an employee is actually compensated
on a time rate, piecework, or other basis.
(d) N~o employer shall reclassify employees or duties of occ~upa-
tions performed -or engra.ge in any other subterfuge for the purpose
of defeating the provisions of the*Act or of this Code.
S~MaroN 2. Handicapped Per~sone.--A person whose earning co-
pacity is limited because of age, physical or mental handicap, or
other infirmity, may be employed on light work at a wage below
t~he minimumn established by this Clode if the employer obtains from
the state authority designated by th~e United StatesDepartment of
]Labor, a certificate authorizing such person's employment at such
1 See paragraph 2 (b) of order approving this Code.
wages and for such hours as shall be stated in the certificate. Such
authority shall be guided by the instructions of the United States
Department of Labor in issuing certificates to liuch lx-r''sons. Each,
employer shall file mlolthl~y with the Code Auithnr~ity: a list of all
such persons employed by him, showing the wag~es paid to, anrd the
maxrimnum hours of wcork for such employee.
SECtIoCN 3. Sala7r ied Emiplojyee .--No ac~counl-lt i I clrriical, offi~e,
or other emlployee normally paid on a regular weekly or mornthly
basis shall be paill at less than the rate of $14.00i per weekh; except
that ofliice boys andt office girls paid on a regular w-eekl~y or monthly
basis moay -be paid not less than eichlty pe~rcelt (80%0) of the mnini-
mum. weekly rate provided ini this section, pr~ov-ided that no employer
shall classify more than five percent (5%0) of th~e total numb'ter ofJ
hlis office employees as o-ffice boys and girls and further p~rovidled
that. each plant mayJ be entitled to one (1) such emplicyee.
SECTION 4. Area Agreem~ents.-Mninimum rates of wages and
ma ximu~m hours of Inb~:or may be established nationally or for a
region or locality ~by mutual agr~eements reached~ through~ bona fide
collective bargui~ningr betw-een rep11resentativet nationnIl, regional, or
local groups of employers and employ~ees. In no event shall such
minimum rates of wnges be less than those estubllishedt in this article,
]nor shall such maximutm hours of labor be more than those estab-
lish~edl in Article~ III: of this Code. Such area ag~reements shall be
effective upon approval by the President, or the AdIministratorr after
such notice an~d hearing as he may require, and shall be binding upon
all member~ls of the industry in such area.
SECTION 5. An. employer shall make amn o l agsdei
lawful curr~encyorb negotiable chec, pyalet on l w~ demnd Bu
these wages shall be exempt from any payment of pensions, ins~u ra nce
or sick benefits other than those voluntarily paid by the wage e~n rner
or required byV law.~ WFages shall be paid at least semli-m~onthly and
salaries at least once every month. The employer or his agents shall
accept no rebates directly or indirectly on such wcPages, nor give any-
thing of value or extend favors to any person for the purpose~ of
influencing rates of wages or thae workin g condition of hnis employees.
SEcTIon 6. Eachl member of thie I~ndustry shall comply with all
rules and regulations prescribed by the~ Administrator relative to
posting this Nd~Ke or por~tions th~ereof.
AR~~TIE72 ENERAL LAnon Pnov\IjStos
SECTION 1. Child Labor.-N~o person. ulnder sixteenl (16) years of
age shall be employed in this industry, nor anyone unlder eighteen
(18) years of cage at operations or occupations hazardcous~ in naturle.
or dletr~imental to health. Thle Code AuthorityT shall submnit to the
Administrator before June 1L, 1934, a list of such. occulpations. In any
state an employer shall be deemed to have c~ompliedl with this pro-
vision if he shall hav\e on file a cer~tificate, or permit duly issued by thne
aulthor)lity' in suchl state empilowered to issue employment or age cer-
tificates or permits, showvingr that the employee is of the required age.
SEC.TION 2. R#yA 8 of Labrur.--(a) Employees shall have the right
to organize and bargain3 collectively through re~presentat~ives of their
a Bee paragraph 2 (c) of order approving this Code.
own choosing, and shall be free from the interference, restraint, or
coercion of employers of labor, or their agents, in the designation
of such represenltatives or in self-organization or in other concerted
activities for the purpose of collective bargaining or other mutual
aid or protection.
(b) Neo employee and no one seeri ng employment shall be required
as a condition of employment to join any com any union or to refrain
from joilmng, orgamizmg, or assisting a laor organization of his
(c) Employers shall comply with the maximaumn hours of labor
minimum rates of pay, and other conditions of employment, approved
or prescribed bsy the President.
(d) W~here rates of pay and hours of labor for any of the various
classifications of workers in the industry are now-P in effect by vPirtue
of contracts entered into by bonla fide collective bargaining between
the employers and the employees, such rates of pay and hours of labor
shall be maintained during the periods covered by the respective
contracts unless superseded by area agreements approved in accord-
ance with Article I[V, Section 4 of this Code; provided that the rates
of pay provided in such contracts are not less than, nor the hours
of labor provided in such contracts more than, the minimum rates
of pay and the maximum hours of labor established in this Code.
(e) Nlio provisions in this Code shall supersede any la~w within any
State which imposes more stringent requirements on employers as
to agre of employees, wages, hours of work, or as to safety, health, or
sanitary conditions, or insurance, or fire protection, or general
working conditions, than are imposed by this Code.
(f) Ev~ery employer shall provide for t~he health and safety of his
workmen. He shall comply with the national, state, and local
statutes and provisions for safety and health and shall protect his
employees by Workmen's Compensation Insurance, according to the
amounts required in the state of jurisdiction or the United States
EmployJees' Compensation Insurance if that state has not established
a compensation scheme for this industry.
SECTION 3. The Code Atluthzority heremn provided for shall prepare
and submit with the cooperation of thfe United States Public Health
Service not later thran June 1, 19.34, a, report on hazr~xds affecti;ngl
employees in the industry, with recom~mendations for their improve-
ment or correction, which recommendations, upon approval byT the
President, and after such hearing as he may prescribe, shall become
effective? as part of this Code.
SECTION 4. Indurstrial Relatione Board.--There may be established
by the Administrator a Nationlal Industrial Relations Board and /or
Boards for the industry, consisting of an equal number of repre-
sentat~ives of employers and employees to deal with all matters in
the Code relating to labor. WFhere a majority agreement cannot. be
reached, the Board shall select an impartial chairman to render a
decision. The creation and fulnctioning of these Boards including
the selection of representatives of employees shall be in accordance
with Section 7 (a) of the Act. If no truly ersuentBativ shlabor
organization exists, the employee members of uhBadsalb
chosen by the Labor Alvisory Board of the National Recovery Ad-
ministration. The employer r~epesentatives shall be chosenI byg the
ICode Authority. The! Industrial Relations Board may establish
such subsidiary agencies constituted in like mannlrerr as it finds
SECTION 5. Employees other than maintenance or sup~erv\isory em-
ployees, or th~ose necessary to protect p~r~op-erty sh~all. not be required
as a citondto of employmentl to live mn homles renlted fromo the
iEcTION f>. No employee! shall be required as a colnditiojn of em-
ployment to trade at a store owned or specified by an, emp~loyer or
~AzCEri VII--A DMrINxISTHlATION
SECTION 1. C~ode Autfhority.-(a) To effectuate further the poli-
cies of thre Ai~ct a Code A~uthority is here~by estab~lished~ to adiclnist~er
(b) The fiv (5) mlemblers of the N~ational~ Control Commlittee of
the Nationall Sandstonle Ass~cialtion, as that canollnitt-ee is from timie
to time constituted, are her~eby designartedl~ as a Code Authority- to
admiinister this Code for the San~s~tonet Indu~str'y. The Adminis-
tratol r may ini nchlitio~n appoint not mnore than three (3) members,
(c) ]Each tl~rae or industrial association directlyr or indirectly
participatinlg in the selection or activities of thre C~ode AQuthority
shall (1) impose no ine~qulitablel restr'iCtio n~ on membrsl~''hip, andi (2)
submit to the. Admlinistr~ator true copies of its articles of assc.cia-
tion, by-laws, regulations, and an~y amlendmllents when made thereto,
together with such other information as to membership, organi-
zation, and activPities as the Administr~ato:r may deemn necessary to
effectuate the pulrpose~s of the ~Act.
(d) In ordc-er that the Code Authority shall at all times be~ truly
representatives of the industry and in others respects comlply- with
the pr~ovisions of the Act, the Adicministrator~1 may provide ulc~h
hearings as he may deemn proper; and- thereafter if he shall find
that the Code Auth~ority is not. truly r~epresenItative or does not in
other respects comply wFith the provisions of the Atct, may~ require
an appropriate mod~ificationl in the method of selection of t~he Code
A utho r ity.
(e) In addition to having the general power to admllinister this
Code, the Code Authority shall have thie following specific powers
(1) To establish such subcommittees and state, regional~l, or locals
committees as it may deem necessary.
(2) To obtain fromr all members of the indulstry sworn or unsw~orn
reports p~eriodlically or as often as it may direct, on wTages, hours of
labor, conditions of employment, nu~mber of employees, or other
conditions in the industry pertaining to the provisions of this Code.
(3) To submrit~ to the Adminis~l~trator from time to time such rezcom11-
mnendations based upon conditions in th~e industr, as they may
develop. as in its judgmentc~ will further effectuate thne p~oliies of the
Act or~ will improve the op~eratfion of this Code or any supplemental
Codes proposed? or madle a par~t of this Code. Any such :recomnmen-
dations, when approved by thre President, after such, notice an~d
hearing as he may prescribe, shall become effective as part of this
(4) To adopt by-laws and rules and regulations for its procedure
anld for the ad~minis;trat~ion1 and etnf~orcemnent of the Code, in accord-
ance with the powers herein granted, and to submit the same. to ~the
Administraotor together with true copies of any amendments or
additions when made theretol minutes of meetings when held, and
such other information as to Its activities as the Administrator may
deemI1 necessary to effect the purposes of the A~ct.
(5) Members of the industry shall be entitled to participate in and
share the benefits of the activities of the Code Auzthority and to
participate! in the selection of the members ther~eof by assenting to
and complying with the requirements of thlis Code anid sustaining
their reasonable share of the expense of its administration. The
reasonable share of the expenses of the administration shall be det~er-
mine~d by the Code A1?uthority, subject to review by9 the Administ-
trator,, on the basis of volume of business and/or su~ch either factors
as may be deemed equitable to be takez~n into consideration.
6) TZo establish rules, methods, and practices for filing bids,
which upon approval by the Administrator, shall bec used by all
members of the Industry.
SECT~ION 2. The Code Authority is directed to cooperate with the
Administrator as a planning and fair practice agency for the sand-
stone industry. The Code Authority may from time to time present
to the ~Admmiistrator recommendations based on conditions in the
industry as they may develop from time to time which will tend to
effectuate the operations of the provisions of this Code and thne
policy of the Act and in particular along the following lines:
1. Recommendations that the Administrator require registrationn
by members of the industry of their productive~ machinery.
2. 1Recommenda~tions that the Administrator require that, prior
to the installation of additional productive machineryT, such persons
shall secure certificates that such installation will be consistent w~ith
effectuating the policy of the National Industrial Recovery Act dur-
ing the period of emergency.
3. 1For the granting or withholding by the Atldministrator of such
certificates as may be so required by him.
SETION. 3. Supplemental codes may be submitted to the President
by subdivisions of the industry through the Code Authority estab-
lished herein, when conlsistenlt with. thiis Code anld other rules and
regulations promulgated by the President and when within the
spirit and purpose of the Act, but nothing herein shall be construed
to prevent a trade association or other representative group from
submnittingI a code directly to the President. Any such supplemental
codes shall provide for minimunr rates of pay not less than, and for
maximum hours of work not more; thnan the limitations established
therefore in this Code.
SECTIOx 4. The Code Authority shall study the trade practice pro-
visions, in Article VII, and the operation -thereof and shall makre
any recommendation from. time to timle to the Admninistrator which
it deemls le~sirable for modification or addition thereto which upon
his approval, afterf such- hearings as he may prescribe, shall become a
part of this Code and shall have full force and effect as prov.isions
SECTION 5. If the Administrator shall determline that any action of
a code authority or any age~ncy~ thereof may be unfair or unjust or
contrary to the public interest, the Administrator may require that
such action be suspended to afford an opportunity for investigation
of the merits of such action and further consideration by such code
authority or agency pending ~final action which shall not be effective
unless thle Admninistrator approves or unless he shall fail to disap-
prove after thirty days' notice to him of intention to proceed with
such action in its original or modified form.
SECTION 6i. In addition to information required to be submitted to
the Code Authority, there shall be furnished to governmlental agen-
cies such statistical information as the A~dmimustrator moay deem
necessary for the purpose recited in Section 3 (a) of the N~ational
Indu~strial Recovery Act; provided that nothing in this Code shall
relieve any member of the industry of any exilsting obligation to
furnish reports to government agencies.
ARTICLE `VI[I-TRADE PRACTICES
SECTION 1. SelOt beo 18 OflTC80able COst.-When. the Code Au-
thorit~y determines that an emergencyg exists in this industry and
that the cause thereof is destructive price-cutting such as to render
ineffective or seriously endanger the m~ainltenance of the provisions
of this Code, thze Code AuthorityT may cause to be determined the
lowest reasonable cost of thre products of this industry, such deter-
mination to be subject to such notice and hearing as the Adminis-
trator moay require. The Administrator may approve, disapprove,
or modify the dete~rminzation. Thereafter, during the period of thre
emergency, it shall be an unfair trade practice for any member of
the industry to sell or offer to sell anay products of the industry for
which the lowest reasonable cost has been determined at such, prices
or upon such terms or conditions of sale that the buyer will pay less
therefore than the lowest reasonable cost of such products.
When it appears that conditions have changed, t~the Code Authority,
upon its own initiative or upon the request of any interested party,
shall cause the determination to be re~viewed.
SECTION 2. Prioe Pulblicatifo-n.-Memnbers of thze industry who quarry
or sell. block or sawed stone, indtones, curing, ~flagging, grave
vaults, or pulpstones or who -is ticatte blockr or sawed stone quarr~ied
by themselves shall publish price schedules including term and con-
ditions of sale for suchn products anzd shall file the same with the
Code Authority or with. such agency as it may designlate. Notice of
changes in schedules so published and fied shall bEe recorded with
tlhe Code Authorityr or its agency, and shall become effective five (5)
days after :receipt of such changes byT the Code _Authority~ or its
agency, provided that other members of the industry m~ay revise~ their
schduesto be effective on the same dlate as that' of a competitor
where such revision is .made for the purpose of meeting com-~petition.
The Code Authority or its agency shall immediately: notify all mem-
bers of the industry and such other persons as may mn the opinion of
the Code Authorit be interested parties of the contents of all schedl-
ules Ifled with it, and of" any chIlanges therein and such schedules shall
at all times be available to all interested par~ties. The schedules so
published and ~filed shall be maintained by each member of the indus-
try filing the samle.5
SECTION 3. Xales u046764% 4/06 Ir;dil8try.-Mfembers of the industry
who both quarry and fabricate sandstone shall charge themselves as
fabricators the prices for blocks stone which the~y have ~filed with the
SECTION 4. Tr7086 PI'CCfiCe8.- Thh e following trade practices are
unfair methods of competition, an~d are violations of this Code:
(a) Collusion by any member of the industry with any awardinga
authority, or with any other member of the :industry, in the prepara-
tion of bids;
(b) Submitting of bids unless and until the awarding authlority
inviting the bids makes available complete plans and/or specific
cations and other pertinent information in order that the bidder maty
prep~are a complete estimated~ or bid in accordance the~rewith;
(c) Extending of any rebates, refund allowance, discount, com-
mission, or servicee privilege in any form, except to all purchasers
under like terms and conditions;
(d) Making or causing or kIrnowingrly permitting to be ma~de or
published any false, materially inaccurate or deceptive staLteme~nt
by way of advertisement or otherwise, whether concerning the gae
quality, quantity, sutbstance, character, nature, origin, size,fish
or preparation of any product of the industry, or the credit terms,
values, policies, or services of any mzember of the industry, or ot~her-
wise, having the tendency or capacity to mislead or deceive: customers
or prospective customers.
SECrxoN 5. Bidd~ingr Practice.-When-ever a member or members
of the Industry, acting as an awarding authority, receive competitive
bids, suchn mlember or members of the Industry shall not engage in
the practice of Bid Peddling ", which is defined as giving or at-
tempting to give information, true or false, to a bidder regarding
the estimate or bid of a competitor in order to gain or give an unfair
1. This Code and all the provisions thereof are expressly made sub-
ject to the liright of the President, in accordance with the provision
of Subsection~(_b) of Section 10 of the Act, from. time to time to
cancel or modify any order, approval, license, rule, or regulation
issued under Title I of the A~ct and specifically but without limita-
tion, to the right of the President to cancel or modify his approval
of this Code or any conditions imposed by himn upon his approval
2. This Code, except as to provisions required by the Act, may
be modified on the basis of experience or changes in circumstances,
such. modification to be based onl application to the Administrator
and such notice and hearing as he shall specify, and become effective
on approval of the President.
See paragraph 2 (a) of order approving this Code.
N~o provision of this Code shanll be so applied so to permit mlonoplo-
lies or monopolistic practices, or to elimrirlnite, oppress.' or discrimi-
instee against small enlterpri es.
ARTICLE X- PRICEIi: HE(nr.19E
Whereas the policy of the Act to inclr:ease real p~urchasinga power
will be made impossible of con~u1~nunationl if prices of goods andc
services increase as rapidly as wagestl. it is r~ecogn~izrc d that price in-
creases should be dlelayedl and that, when made, the smainet should., so
far as reasonably possible, be limited to neona-ul increases in the
ARHTICLEF XI-EFFECTIVE DATE~
This Code shall becomet effective on the tenth~ day after its
approval by the Pr~esident.
Approved Code No. 388.
RegistryS No. 1('13C-11.
Illllll#IIII 11 Ill111#lllll