Code of fair competition for the sand-lime brick industry as approved on March 26, 1934

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Title:
Code of fair competition for the sand-lime brick industry as approved on March 26, 1934
Physical Description:
p.497-510 : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
Supt. of Documents
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Brick trade -- Law and legislation -- United States   ( lcsh )
Sand-lime brick -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
Approved Code No.365 ; Registry No.1007-13:.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004860904
oclc - 63654969
System ID:
AA00006526:00001

Full Text




Registry No. 1007--13
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For sale by the Superintendent of Documents, Washington, D.C. . Price 5 cents


Approved Code No. 365


NATIONAL RECOVERY ADMIINISTRATION




CODE OF FAhIR COMPETITION

FOR THE


SAND-LIMIE BRICK INDUSTRY

AS APPROVED ON MARCH 26, 1934


WE Do OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934

























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Wanshington, D.C., andl by district offices of the Bureau of
Foreign and Domestle Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Ofic~e Building.
Birmingham, Ala.: 257 Fe'deral Building.
Boston, M~ass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.; Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Miich.: 801 First National Bank- Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jack~sonville, Fla.: Chamber of Commerce Building.
Kaunss City, Mlo.: 1028 Baltimore Av-enue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, KyS.: 408 Federal Building.
M~emphis, Tenn.: 229 Federal Building.
MIinneapolis, MUinn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfo~lk, Va.: 406 East Plume Street.
P'hiladlelphiia, Pa.: 422 Comumercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Buildinig.
Portland, Oreg.: 215 New Post Offic~e Building.
St. L~ouis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Custombouse.
Seattle, W~ash.: 809 Federal Offce Building.













Approved Code No. 365


CODE OF FAIR COMPETITION
FOR THE

SAND-LIMIE BRICK INDUSTRY

As Approved on MVarch 26, 1934


ORDER

APRrovING CODE OF FAIR COMPETITION FOR THE SAND-LIMZE I3RICKI
INDUSTRY
An appnlict~ion havingr been duly made pursuant to and in full
compliance with the provisions of T~iitle I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Comnpetition for the Sand-Lime B3rick Industry, and hearings
having been duly held tthereon and the annexred report on said Code,
containing findings with respect thereto, having been made and
directed to the President:
NOW1, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me byr Executive Orders of the
President, including Executive Order No. 65413-A, dated December
30, 1933, and otherwise: do hereby incorporate byg reference saidl
annexed report and do find that said Code complies in all1 respects
w~ith the pertinent provisions and will promote the policy and pur-
poses of said Title of saidl Act; andl do hereby order that said Code of
Fair Competition be and it is hereby approved; provided, however,
that the provisions of A~rticle V'I, (Section 3a) insofar as they pre-
scribe a waiting period between the filing with the Codes Authority
and the effective date of revrised price lists or revised terms and
conditionsc of s~le beP aInd they P a Ire herb stayed~r pending my further
Order either within a period of sixty days fromn the effective date
of this Code or after the completion of a study of open price
associations now being conducted by the National Recovery
Administration.
Hnan S. JoHNSON,
Adm~in~istrator for Industr~ial Recovery.
Approval recommended:
A. R. GLANCY,
Division Adm7inistrator.
TVASHINGTON, D.C.,
11ar~ch f26, 1934.


40063"----425--156---34


(49~7)









REPORT TO THE PRESIDENT


The PRESIDENT,
The T' Wite Houlse.
SmR: This is a. report on the Code of Fair Competition for the
Sand Lime Bricki Industry, a hearing on which was conducted in
Washington onl the eighth of February, 1934, in accordance with the
provisions of the Nlrational Industrial Recovery Act.
PROV'ISIONSB OF THE CODE AS TO WVAGES AND HOURS

This Code provides that nio employee shall be permitted to work
in excess of forty hours in any one week, nor more than eight hours
in any one day, nor more than six days in any one week. Limita.-
tions on working time do not apply to salesmen nor to managers or
executivesr who ear~n not less than $35.00 per weelk in the North, less
than $30.00 per w~eek in th~e South. Exceptions are provided for em-
ployees engaged on emergency maintenance or emergency repair
work; such employees when so engaged being allowed to work in
excess of the basic maximums provided overtime is paid at the rate
of one and one-third the normal rate for all hours worked in excess
of 8 per day and 40 per weeki. Exceptions are provided for eml-
ployees at plants subject to unfavorable weather conditions, affected.
employees being permitted to work as much as 48 h~ours in any one
week, but. not more than 40 hours per week as averaged over any 4
week period. A tolerance is granted for foremen, who may work
15% longer hours than the 8 and 40 hour maximums provided.
Wastchmnen ar~e not subject to the basic limitations, but are not per-
Init~ted to workr more than 56 hours in any one week. Tolerance is
provided for employees necessary for the closing of hardening
cyhinders.
SThe Code provides for minimum hourly rates of pay of 404 in the
North, 35C in Souithern California, 304 in the intermediate zone, and
25C in the South; this minimum wage provision applying only to
common or totally unskilled labor. A provision is made for an equi-
table adjustment of wages above the minimum. Clerical and of~ce
employees are to be paid not less than $13.00, $14.00, or $15.00 per
week in the Southern, intermediate and Northern zones! respectively.
The minimum wage established for watchmen is $15.00 per week.
No person under sixteen years of age mnay be employed, and no
prison under eighteen years of age may workr at hazardous or un-
halthy occupations. Provisions are included covering handicapped
persons and posting of the Code, as well as other general labor
provisions for the protection and welfare of employees.
ECONOMIIC EFFECTS OF THE CODE

The Research and Planning Division estimates that while there
were about 566 wage earners in this Industry in 1929, there were
probably not more than 167 wage earners employed in 1933. The
C'ode Clommittee for the Industry presents figures indicating that the
1[9(9 production of 148 million units has steadily decreased to about
19 miillion units in 1933.
(498)







499


It is estimated that under the very low existing volume of produe-
tion, the hourly limitations provided by the Codle wrill not result im-
mediately in increased employment. The Industry is reported to be
operating on about a 33 hour work wecek at, present due to lack of
demand for this durable product, andi necordingly production would
have to~improve berfore. t~he Codel w-ould be effective~ in creat~ingr em-
ployment. Even at thle prevailing 33 hour w~ork week, however, the
minimum rates of 25C per hour for the South and 40e per hour for
the North is more than sufficient. to restore the avecrage 1929 weekly
income adjusted to present purchasing power.
FINDINGS

Thie Assistant Deputy Administrator in his final report to me on
said Code having found as her~ein set forth an~d on the basis of all the
proceedings in this matter;
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
removal of obstructions to the fr~ee flow of interstate and foreign
commerce which tend to diminish the amount thereof andl will pro-
vide for the general welfare byprmtnthognzaonfin
dustry for the purpose of cooperative actio mng thee ognztrade goups,
by inducing and maintaining united action of labor and mnana ge ment
under adequate gover~nmental sanctions and supervision, by elimiinat-
ing unfair competitive practices, by promoting the; fullest, possible
utilization of t~he present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing puirchasing power, by reducing
and relieving unemployment, by imlprrovr;~ing sandardls of labor, andi
by otherwise r~ehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em~-
ployees; and is not classified by mne as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, includinng wTithoult limita-
tion Subsection (a) of Section 3, Subsection (a) of Section r7, and
Subsection (b) of Section 10 thereof; and that the applicant group
is truly representative of the aforesaidl Industry;S and that said group
imposes no inequitable restrictions on admlission 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
said Code.
For these reasons, therefore, I have approved this Code.
Respectfully,
HUGH S. JoHKson,
A dministr~ator.
Alanon 26, 1934.













CODE OF FAIR COMPETITION FOR THE SAND-LIMIE
BRICK INDUSTRY

ARTICLE I -PDRPOSEs

To effectuate, the policies of Title I of the National Industrial
Recoveryr Act t~he following provisions are established as a code of
fair competition for the Sand-Lime Br~ick Industry, and shall be the
standard of fair competition for suc~h Indusrtry a~nd shall bel bind~ing
upon everyv member thereof.
ARTICLE II--DEFINITION8

Iwnustry.-The term "' Industry ", as used herein, means and in-
cludes the manufacture and,'or sale by those who manufacture Sand-
Lime Brick andt other units made of a, combination of sand and lime
under the sand-lime brick steaml pressure process, and may further
include any other related groups that, wFith the approval of the
Administrator? may elect to operate under this Code.
Region.--The terml region ", as used herein, includes any major
territory established with definite boundaries, as further described
in Schedule A at~tachedl, for the purposes of administering this Code.
Mlembere of the Intdzusry.--The term M\ember of the Indust~ry ",
as used herein, includes anyone engaged in the Industry, as above
defined or any part thereof, either as an employer or on his own
beh alf.
Emlplo~ye~e.--The term '' employee ", as used herein, includes anyone
engagedt in the Indlustry in anyr capneityv receiving* compensation for
his servicess? irr~espective of the nature or method of payment of such
compensation, except a member of the Industry.
Emplyoyer,.-TThe term "' employers "!, as used herein, includes anyone
by w-hom any such employee is compensated or employed.
SoutPh. Tlhe term South "!, as used herein, includes the following
states: Alabama, Arizona, Arkansas, California south of a~n east
a~nd west. line drawn through Tehachapi, Florida, Florida, Georgia,
Kentucky, Louisiania, M~ississippi, New M~exico, North Carolina,
Oklalhoma, South Clarolina, Tennessee, Texas, and Virginia.
Nlorth..--The ter~m Nort~h "', as used herein, includes all territory
except that listed above under South ".
Prlesidenlt, A ct, Anm irn istr~atfor.-The terms "' President "?, "Act ",
andl "Administrator ", as ued herein, shall mean, respectively, the
President, of the. United States, Title I of t~he National Industrial
Recovery Act, and the Administrator for Industrial Recovery.
ARTICLE III--HOURS

SCECTION 1. Except as hereinafter otherwise provided, no employee
shall be permitted to work in excess of forty (410) hours in any one
(500)







501


week or eight (8) hours in any twenty-four (241) hour period begin-
ning at midnight, nor more than six (6) days in any seven (7) day
period.
~SECTION 2. The provisions of the foregoing section shall not
ppyto:
(a) Outside salesmen or to persons employed in a managerial or
executive capacity who earn not less than thirty-five (35) dollars per
week in the North, or not less than thirty (30) dollars per wPeek in
the South.
(b) Employees on emergency maintenance or emergency repair
work involving breakdowns or protection of life and property; but
in any such special case at least one and one-third (11%) times the
normal rate shall be paid for hours worked in excess of eight (8) per
day and fortyr (40) per week.
(c) Employees engaged at plants where employment is dependent
upon favorable weather conditions when such employment is neces-
sary to recover time lost by inclement weather; however, under such
conditions, no employee mlay be permitted to work more than forty-
eight (48) hours in any one weeki, nor more than forty (40) hours
per week as averaged over any four (4) week~ period.
(d) Foremen, provided that foremen shall not be permitted to
work more than fifteen (15) percent longer hours than the eigh'ft (8)
and forty (40) hour maximums herein provided.
(e) Wratchmen, who shall not be permitted to work more than
fifty-six (56) hours in any one week.
SECTION 3. Emplloyees necessary for the closing of hardening
cylinders ", limited in number to two (2) employees for each plant,
may be allowed a tolerance of one-half (15) hour per day in excess
of the eight (8) hour daily, or three (3) hours in excess o~f the forty
(40)\ houir eekly limitationsg on working tim~e provided in section 1.
of this Article, but shall be paid for such overtime at thle rate of one
and one-third (11%) times their normal rates of pay.
SECTION 4. Employees in plants having not more than twco "' Pro-
duction Units and no Excess Hardening Cylinder CaLpacity "
(quoted terms as hereinafter defined) shall not be permitted to workr
in excess of forty (40) hours in any one week;, nor more than ten
(10) hours in any twenty-four (24) hour period beginning at mid-
night ; provided, however, that at least one and one-third (11%) times
the normal rates shall be paid for all timeP workedl in excessf of eight
(8) hours per day.
(The terml Production Unit as used herein means aindl includes
one (1) Brick Press and one (1) Hardening Cylinder; the Brick
Press having such a capacity as will completely fill thte HEardening
Cylinder in ten (10) hours.)
(The term Excess Hardening Cylinder Capacity as used herein
means that the plant has more or larger Hardening Cylinders than
its Brick Presses can completely fill in ten (10) hours.)
SECTION 5. No employer shall knowingly permit any employee to
work for any time wh7lich, when totaled with that already performed
for another employer or employers, exceedls the maximum permitted
herein.






502


ARTCLE IV -WAGEs

SECTION 1. No employee shall be paid less than at the rate of forty
(40) cents per hour, except as herein otherwise provided. In the
following states no employee shall be paid less than at the rate of:
1) California, south of an east and west line drawn through Teh-
achpi thirty-five (35) cents per hour.e xio rt aln,
Tennessee, Oklahoma, and Virginia; thirty (30) cents per hour.
(3) Alabama, Florida, Georgia, Louisiana, Mississippi, South
Carolina, and Texas; twenty-five (25) cents per hour.
This minimum wage shall apply to common labor or totally un-
skilled labor. Other classes of labor shall be compensated at rates
above this minimum.
SECTION 2. This article establishes a minimum compensation for
each class of worker, which shall apply irrespective of whether an
employee is actually compensated on a time rate, piece work or other
basis.
SECTION 3. There shall be an equitable adjustment of all wages
above the minimum. Upon the request of the Administrator, the~
Code Authorty shall submit, for his approval, a, proposal for the
adjustment of wages above the minimum. Upon approval by the
Administrator after such public hearing as he may prescribe, the
agreed upon plan shall become binding as a part of this Code, pro-
vided, however, that in no event shall hourly rates of pay be reduced.
SECTION 4l. An employer shall make payment of all wages due in
lawful currency or by negotiable check, therefore payable on demand.
These wages shall be exempt from any payments for pensions, insulr--
ance or s~c k benefits, other than those voluntarily9 pal d by t.he wage
earners or required by law. Wages shall be paid at least twice a
month.
SECTION 5. An employee shall be paid at least his normal rate of
pay for all time required to be spent at the place of employment or
in connection with the discharge of duties of such employment.
SECTION 6. No employer shall contract work to be done except
when thle person performing the contract is subject to t~he provisions
of this Code or the code adopted for the Industry covering such
work; and in no case shall an employer avoid or evade the LJabor
Provisions of this Code by contracting his work to any person subject
to labor regulations less stringent than those provided in this Code.
SECTION 1. No person employed in accounting, clerical, office, serv-
ice or sales work shall be paid at less than the rate of fifteen ($15.00)
dollars per week, except that such employees may be paid at not less
than thle rate of fourteen ($141.00) dollars per week in the territory
included in subsection 2 of section 1 of this Article; and not less
thanl at the rate of thirteen ($13.00) dollars per week in the territory
included in subsectionn 3 of section 1 of this Article.
SECTION 8. Watchmen shall be paid at not less than the rate of
fifteen ($15.00) dollars per week.
SECTION 9. This Article establishes rates of paywihsllb
exempt from any charge, fine, and/or deduction by the employer
except as provided by law.







503


SECTION 10. A person whose earning capacity is limlited- because
of age, physical or mental handicap, or other infirmity, miay be
employed on light work at a wage below the mlinimuum established
by a code, if the employer obtains from the State Authority,. desig-
nated by the U. S. Depart-ment of Labor, a certificate aut'hor~izin
such person's employment at such wngres and for such~ hours as shall
be stated in the cer'tificate. Such authority shall be guidedl by the
instructions of the U. S. Department of Labor in issuing certificates
to such persons. Each employer shall file mlonthly with the Code
Authority a list of all such persons employedl by himl, shlowing the
wages paid to, and the maximum hours of workr for such employees.
A~RTICLE V-GCENEIL4\ L LAnnaR Pnovis'Io~:Ns

SECTION 1. No person under sixteeni (16 y ~ears of agre shall be
employed in the Industry. No person under eighteen (18) years
of age shall be employed at operations or occupations which are
hazardous in nature or dangerous to healt-h. Thie C`ode Authiority
shall submit to the A~dministrator for ap~proval sixty ( 60i) dlays after
the effective date a list of such op~erationls or occupa.t-ions. In any
State an employer shall be deemed- to have compliedl wTith this: pro-
vision as to a~ge if he shall have on file a valid certificate or permit
duly signed by an Authority in such jtat~e empow~eredt to issue em~-
ployment or age certificates or permits showing that the emlploy!ee
IsSECTION 2. (a)o ~erqie Employ.ees shall havep the right to organize and
bargain collectively through representatives of their own choosing
and shall be free from the interference, restraint., or coercion o
employers of labor, or their agents, in the designation of such repre-
sentatives or in self-organization or in other concerted act~ivities for
the purpose of collective bargaining or other mutual aid or
protection.
(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization o-f
his own choosing.
(c)Empoyes sallcomlywith the maximum hours of labor
mini mum rates of pay, andohrcniin fepomn
apoved or prescribed by the President.
OECTION 3. No employer shall reclassify employees or duties of
occupations performed, or engage in any other subterfuge, for the
purpose of defeating the purposes or provisions of the Act or of
this Code.
SECTION 4. Every employer shall make reasonable provision for
the safety and health of his employees at the place and during the
hours of their employment. Standards for safetyS and health shall
be submitted byr the Code Authority to the Administrator for ap-
proval within six months after thle effective date of this Code. Upon
approval thereof, such standards shall be binding upon every
member of the Industry.
SECTION 5. Within ealch State members of the Industry shall com-
ply with any Federal laws or any laws of such State imposing more
stringent requirements regulating the age of employees, wages. and







504


hours of work, safety or health, fire, insurance, or general working
conditions than under this Code.
SECTION 6. Within ten days of the effective date, each employer
shall post, and thereafter maintain, in conspicuous places easily ac-
cessible to employees, full copies of this Code and any amendments
or modifientions which may later be approved.
SEcTION 7. N~o employee shall be required, as a condition of
employment, to trade at a store owned or specified by an employer.
OECTION 8. Employees, other than maintenance or supervisor
men, or those necessary to protect property, shall not be required,
as a condition of employment, to live in houses rented from or
specified by the employer.
ARTICLE -VI-COSTS AND PmICES

SECTION i. COst Find~ing.--The Code Authorit~y shall cause to be
formulated an accounting system and methods of cost finding
andl/or estimating capable of use by all members of the Industry.
After such system and methods have been formulated, full details
concerning them shall be made available to all members, as shall
full details of all changes therein as and when made. Before be-
coming effective the cost system and methods of cost finding and
estimating, and all changes therein shall be filed with the Adminis-
trator subject to his approval. After such approval and notice by
the Code Authority, each member of the Industry shall determine
and estimate costs in accordance therewith.
SECTION 2. SeZ2 ing B81070 COs~t.--Upon notice by the Code Au-
thority, as provided in Section 1 of this Article, no member of
the Industry shall sell any Industry product at a price below his
own individual cost, as determined in accordance with Section 1
above; except (a) to meet the filed price of another member of the
Industry as provided belowf in Section 3 (a); and except (b) that
dropped lines or seconds may be disposed of by any member of the
Industry at any price and on any terms and conditions, but only
after such member, two weeks prior to such disposal has filed with
the Code Authority a statement in writing setting forth the fact of,
reasons for, and terms of such proposed disposal.
SECTION 3. Open Price Policy.--(a) Each member of the Industry
shall publish and file with the Code Authorityr within ten days of
the effective date of this Code a price list of all Industry products
offered for sale or sold by him and all terms, conditions of sale and
credit extensions relating thereto. Such price lists and terms and
conditions of sale so filed with the Code Authority shall be open to
inspection at all reasonable times by any interested party. Revised
price lists or revised terms and conditions of sale may be filed from
time to time thereafter with the Code Authority by any member
of the Industry; provided, however, that such revisions shall be filed
with the Code Authority five days in advance of the effective date
thereof; and provided further, that any other member of the In-
dustry may file revisions of his price hist or terms and conditions
of sale to meet the revisions first filed, which may become effective







505


alpon the. date when the revised price list or revised terms and con-
ditions of sale first filed shall become effective.'
(b) No member of t~he Industry shall sell or offer for salle any
product o~f the Industry at prices lower than the prices filed in his
tpries list, or on more: favorable terms and conditions of sale, than
heterms and conditions of sale p re viou sly failed suchin memSber
woi'th the Clode Authority i~J~n accordan fc with the proiion of S ub-sale
section (a.) of thisSeioaninfecatteimofuhsae

ARTICLE \TII--FRIC.E INCREASES

Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummiation if prices of goods and serv-
ices increase as rapidly as wages, it is recognized that price increases
except such as may be required to meet individual cost should be
delayed. But such increases should, so far as possible., be limited
to actual additional increases in thie seller's costs.

A ARTICLE VTI II-AnuxNISs-rnAnow

SEcnON 1. Code Au~thority.--To further effectuate the policies of
the Act, a Code Authority Is hereby constituted to cooperate w~ith
the Administrator in the administration of this Code.
SECTION 2. Orga~ni~srzatin of Code Authr~c~ity1.-T~he Code Author-
ity shall consist of seven (7) members, all of whom shall be the chair-
mnen of their respective Regional Committees as her~einn after provided
in Section seven ('i) of this Article. During the period prior to the
organization of thle Code Author~ity as phrrco a rovie n thefogog
sentence, but not to exceed a periodothry30dasfo th
effective date of this Code, the chairman of the Code Commniittee as
elected by the tenitativre organization shall serve andl act ns the Code
Authority. In addition to the seven (7) members elected by thle
Industry, from one to three members may~ be appointed to the sa~id
Code Authority by the Administratorl for terms of fr~om six months
to one year as designated in the order of appointment. The members
so appointed by thle Administ~rator shall be without vote andr shall be
given notice of and may. sit at all meetings of the Code Author~ity.
Similar notice of meetings of the Code Authority shall also be given
to the Administrator.
SECTION 3. IIn Order that the Code Authorityr shall at. all times be
truly representativ-e of the members of the Indust~ry, and in other
respects comply with the provisions of the Act, the Admlinistrator
may provide such hearings as he may deem proper ; and, thereafter,
if he shall find thant the Code Authority is not truly representative
or does not. in other respects comply with~ the. provisions of the Act,
may require an appropriate modification in the selection of the Ciode
A uth ori ty.
SECTION 4. If the Administrator shall determine that any action
of a code authority or any agency 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
a See paragraph 2 of order approving ths Code.






506


of the merits of such action and further consideration by such code
authority or agency pending final action which shall not be elective
unless the Administrator approves or unless he shall fail to disapl-
prove after thirty days' notice to him of intention to proceed with
such action in its original or modified form.
SECTION 5. PowerP~S and Dllties of Code Autfhority.--The Code Au-
thority shall be charged with the administration of this Code
throughout the Industry and without limiting the foregoing shall
have the following specific powers and duties:
(a) To obtain from all members of the Industry such sworn or
unswforn reports, periodically, or as often as it may direct, on wages,
hours of labor, conditions of employment, number of employees, pro-
duction, shipments, sales, stocks, prices and other matters pertinent
to the provisions or operations of this Code, as the Code Authority
may specify, or as the Administrator may from time to time require;
provided however that information of a confidential nature shall
not be divulged to a competitor or competitors.
(b) In addition to information required to be submitted to the
Code Authiority, members of the Industry shall furnish to such
Federal and State agencies as the Adlministrator may designate, such
statistical information as the Administrator may deem necessary for
the purposes recited in Section 3 (a) of the Act, and nothing in this
code shall relieve any person of any existing obligation to furnish
reports to Government agencies.
(c) To make such surveys or investigations as may be necessary to
ascertain conditions in the Industry a~nd the observance or non-
observance of the provisions of this Code.
(d) To coordinate the activities of the regional committees here-
inafter referredl to.
(e) To submit to the Administrator from time to time such recom-
mendations, modifications or proposed amendments as, in its judg-
ment, will improve the operation of this code or further effectuate
the policies of the Act. Ainy such recommendation, when approved
by the Administrator, after such notice and hearing as he may re-
quire, shall become effective as a part of this code.
(f) To set up standards regarding specifications and sizes of
Industry products, and to submiit such standards for the approval
of the Administrator.
(g) To adopt by-laws, rules and regulations, elect officers, appoint
agents! and otherwise regulate its act~irities.
(h) To establish, subject to the approval of t~he. Administrator,
the pro rata share of the expense of administration of this code by
the Code Aut~hority, on the. basis of volume of business and/,or such
other factorsY as mnay be deemed equitable to be taken into considera-
tion, and to collect such expenses from members of the Industry.
(i) To insure the execution of the provisions of this Code and
provide for the compliance of the Industry with the provisions of
the Act.
(j) To cooperateP with commit~tees repnresent~ing other Industries
for the purpose of effecting solutions to mutual problems.
(kz) Administrative Ea~pense.--Only those members of the Indus-
try who assent to and comply with the requirements of this Code and
sustain their reasonable share of t~he expenses of its administration







507


as noted in subsection t h) above shall be entitled to participate in
and share the benefits of the activities of the Code Aunthor~ity andi to
participate in the selection of thle members thereof, and t.o u~se the
National Recovery Administration code insignia.
SEOTON G. Each trade association dlirectly or indirecitly partici-
pating inl t~he selection or activities of the Code Aut~hority shall: (1)
impose no m~equitable restrictions on memii-ber~ship, and (2) submiit
to the Administr~ator true copies of its articles of association, by.
laws, regulations, and any amendments w~hen made theretto, together
with such other informnationn as t~o mlem~bership, organization, andl
activities as the. Administrator mnay deeml necessary to etfectuate the
purpose of the Act.
SECTION 7. RL'g/Olial Contlinittees('.- (a) Fu~r~ther to ieffeet~uate the
policies of the Act and to coopera~te withl the Codle A~uthority in
administering this C'ode, there shall be established~ in eachl region,
as noted in Article XII, anl administrative agency to be known as
Regional Comimittee, to be mande up of one retpresentative from eachi
member of the Ind~ustry in that region. Eachi region shall, so~ for as
practicable, be self-governlingv under this Code, however thre acts of
such committees shall be subject to the approval of the Code Au-
thority, and the Code Acut~hority shall not be relic\eved of its relspon-
sibilit~y for the administration of this Code.
(b) Each Regional Committee shall, by a fair methodc of elec-
tion approved by the. Administrattor, choose fr~om amlong~ its mem~-
bers a chairman within four weeks of the eff'ective date of this Code.
(c) No Industry member of t~he Code Authority,! andl no member
of any regional, or other administrative committee or agency estab-
lished pursuant to the provisions of this C'ode. shall h~old~ office for
a longer term than one year fromt the date of or~ganizationl of the
agency to which he is elected,! except by reelection or until hiis suc-
cessor is elected.

ARrrICLE IX-TRADE PRACTII('CE

SECTION 1. The following practices constitute unfair m!Iethod~s of
competition for members of the Industry and ar~e prohibited,. and
when employed shall be deemed violations of this Code:
(a) W\it~bbolding from, or inserting in t.he invoice! facts which
make the invoice a false record, wholly or in any material paHrticu-
lar, of the transaction made on the face thereof; or the paymlent or
allowance of secret rebates, refunds, credits, or unearned dliscoulnts,
directly or indirectly, whether in money or otherwise.
(b) The sale of an inferior quality' of industry product at a fair
price for such product, and the delivery of a product of superior
quality selling at a higher price.
(c) Inducing, or attempting to induce, the breach of a contracts.,
oral or written, between n competitor and his customer during the
term of such contract..
(d) Interference with or the obstruction of the performance of a
contract. by the solicitation b~y a member of the Industry or his repre-
sentative, directly or indirectly, of an order for Indust~ry products,
with knowledge that a signed order from the one in authority has







508


previously been given a. competitor. An architect's specification of
Industry products shall not be regarded as a signed order.
(e) The renewal of sales effort by a competitor on an operation
after the seller receiving the order has commenced delivery and where
a difference has arisen resulting in a cessation of delivery, unless the
said seller has had a reasonable opportunity to adjust said difference
of opmsion.
(f) No member of thle Industry shall give, permit to be given, or
directly offer to grive, anythin g of value for the purpose of influencing
or rewarding the action of any employee, agent or representative of
another in relation to the business of the employer of such employee,
the principal of such agent or the represented party, without the
knowlledge of such employer, principal or party. This provision shall
not be construed to prohibit free and general distribution of articles
commonly used for advertising except so far as such articles are
actually used for commercial bribery as hereinabove defined.
(g) The making of lump sum bids, or installed prices by a member
of the Industry or his age-- --rnt, on Indust~ry products, special shapes,
and other building materials, thereby concealing the unit price of
each of the several items embraced therein.
(h) The shipment or delivery of Industry products, which do not
conform to the standard of sample submitted as representative of
thle material to be shipped, or to representations made prior to se-
curing the order, unless with the consent of the purchaser to such
substitution prior to shipment..
(i) The payment of commissions or bonuses to other than bona fide
dealers or brokerrs w~ho are recognized as such in the Industry, or
full time salesmen employed by the member of the Industry for
whom the sale is made.
SECTION 2. All quottifons and contracts, except petty sales to indi-
vidulsl i orn1 rmall sle for local consumpt~ion not. exceedingr one (1)
truck loacd, for the sale of the products of the Industry, shall be made
or confirmed in writing~ and shall contain a definite statement of
price. quantity, terms ohf payments, time and place of delivery, and
all other items necessary to form a complete understanding.
ARTICLE X--\I[ONOPOLIES

No provisions of this code shall be so applied as to permit
mronopolies oir onopolistic practice, or to eliminate, oppress, or
discriminate against small enterprises.
ARTICLE 11--100DIFICATIONS

(a) This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of subsection (b) of Section 10 of the National Industrial Re-
covery Act, fromt time to time to cancel or modify ayodr p
proval, license, rule, or regpulaItion issued under Title Iof sad act
and specifically, but without limitation, to the right of the President
to cancel or modify his approval of this Code or/and conditions
imposed by him upon his approval thereof.







509


(b) 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 upon application to the Administrator
and such notice and hearing as he shall specify, and to become
effective on approval of the President.

AnnIcLE XII--REGIONIAL DIv'ISIOKs

The territories comprising thle regions into which the United States
shall be divided for administration of the Act in the industry, shall
be as given in schedule A attached. These regions are subject to
coordination or revision by the Code Authority, with thie approval
of the Administrator.

ARTICLE XIII--EFFECTVE DerE

This Code shall become effective at 12: 01 A.MI. on the tenth day
after its approval by the President.
Approved C~ode No. 365.
R~egistry No. 1007-13.




UNIVERSITY OF FLORIDA

|||11111111Ililllllllilllllllillllllllllmlllllllll
3 1262 08486 8560

















80HEDULED B

NAMEBS OF REDIONS

Region 1: The States of M~aine, New Hampshire, Vermont, Massachusetts,
Connecticut and Rhode Island, with the exception of that territory included
within a radius of seventyp-fie ('T5) air-miles of the City Hall of New York City.
Region 2: The territory included within a radius of seventy-five (7i5) air-miles
of the City Hall in New York City, and including all of Long Island.
Region 3: New York, New Jlersey, Pennsylvania, Delaware, Maryland, and
the District of Columbia exclusive of the areas covered by region two above.
Region 4: Virginia, W~est Virginia, Kentucky, Louisiana and those States
south of the Ohio River and East of the Mississippi River.
Region 5: Texas, Oklahoma, New Mexico, Arizona, California, N~evada, Utah,
WFashlington, Oregon, Montana, Idaho, and WY~oming.
Region 6: Milssour'i, Arkansas, iowa, Kansas, Colorado, Nebraska, the Da-
kotas, and that part of Illinois not included in region seven below.
Region 7: Minnesota, Wisconsin, Michigan. Indiana, Ohio, and that part of
Illinois included within a radius of fifty (50) air-miles of the City Hall in
Chicago.
(510)

O