Code of fair competition for the ready-mixed concrete industry, as approved on February 27, 1934

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Material Information

Title:
Code of fair competition for the ready-mixed concrete industry, as approved on February 27, 1934
Physical Description:
p.371-385 : ; 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:
Ready mixed concrete industry -- 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.311 ; Registry No.1011-05".

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004860868
oclc - 63654983
System ID:
AA00006531:00001

Full Text

For sale bg the Superintendent of Documents. Washington, D.O. - Price 5 Eonal


Approved Code No. 311


Registry No. 1011--05


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION

FOR THE


READY-MIXED CONCRETE


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


INDUSTRY

AS APPROVED ON FEBRUARY 27, 1934
























This publication is for sale by the Superint~endent of Documents, Government
Printing Office, WFashington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF` COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston. S.C.: Chamber of Commerce Buildiing.
Chicago, Ill.: Suite 1706, 201 North Wi~ells Street.
Cleveland, Ohio: Cham~ber 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.
Jacksonville, Fla.: Chamber of Commerce Building.
K~ansas City, Mo.: 1028 Baltimorec Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
Newv Orleans, La.: Roomo 225-A, Custombouse.
New York, N.Y.: 734 Customhouse.
Norfolki, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, W~ash.: 809 Fetderal Office Building;.












ApprovJed Code No. 311


COD)E OF FAIR COMPETITION
FOR THEI

READY MIXED CONCRETIIE INDUSTRY

As Approved on Fiiebruary 27, 1934


ORDER

ALPROrnova CODE OF EIAIR COMPETITION FOR TH IREADY-1MIXED
ConcurrE INDTCUSFTRY
An. application having been duly made pursuant to atnd in full
compliance with the provisions of Tritle I of the National Industrial
Recovery Ajlct, approved June 1.6, 1.933, for approval of a Code
of F'air Competit~ion for the Ready M~ixed Concrete Ilndustry, and
hearings havingg been duly held thereon and the annexed report
on sid odecontaining findings with respect thereto, having
NOWV THCEEREF`ORE, on behalf of the President of the U~nited
States, f, Hugh S. Johnson, Administrator for ~Industrial Recovery,
pursuant to authority vested in me by Executive~ Orders of the
President, including Exiecutive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
wlith 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 approved; provided, how-
ever, that the provisions of Aitrticle VII, Section. 2, Subsection (e)
insofar as theyT prescribe a waiting period between the filing with
the committee of th~e .marketing area and the effective date3 of
revised price lists or revisedl terms and conditions of sale be and
they are hereby stayed pending my 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 Administration.
Huan S.. JoHNSON
Administrator for In~dustrial Recovrery.
Approval recommended :
W. A. HannIMa~N,
Division Admnzilstlrator.
WASHINGTON, D.C.,
February 97r, 1934.
43081" 376-145---34 (371)












REPORT T~O T~H;E PRESIDENT


T'he PRESIDENTIAL,
The White House.
SIR: Thnis is a report on the Code of Fair Comnpetit~ion for the
Ready-Mixed Concrete IndustryT, a hearing on which was condlc~tedl
in Washington. on the twenrty-sixth o.f October 1933, inl accordance
with th~e provisions of the National Industrial Rte'covery Act.
P'1:(l l.IONS~ OFi THE CODE: AS TO WAGES AND HOURS
This Code provides for a work week of not more than forty hours
nor more than six days. Exceptions to the limitation on working
hours are provided for truck drivers and dispatchers, who mlay work;
forty-four hours per week; emlployees engaged in emergency repair
work, who are limited in number and may work forty-eight hours
per weekr when so engaged; w~atc~hmen, who mnay work sixty hours
per week; and sanlesme~ n andnl malnagrs~c earningr regularly3 over $35.00
per w~eek. Emlployees paid on an. hourly basis are to be complensated
at the rate of one and one-third their normanll rates of pay for all
time worked in exceess of the mn xinumn houlr pro-vided.
Ths Cde provides for minimum hourly rates of pay of 35 cents

and 45 cents per hour in thre N1Iorther~n states, with 50 cents being
stipulated as the minimum r~ate! for NewiP York City. These rates
are decreased by 5, cents or 10 cents per hour, respectively for cities
between 500,000 and 75,000 population, and for cities o less than
75,000 population. M~inimum~l w~eekly wages for watchmlen are set
at $13.00 In the South, and $14.00 elsewhere. Minimum wnges for
accounting and clerical employees are set at from $13.00 to $15.00
per week, depending on population. Pr~ovisions are mladte for main-
taining normal wage dliffer~entials, and to the extent practicable,
weekly earnings are not to be dlecr~eased.
n~o person under sixteen years of age may be employed, and no
person under 18 years of age may work at 'hazardous or unhecalthy
occupations. Employers are Irequred to provide for the welfare and;
safety of their emlplole~es.
ECONOMIC EFFECTS OF THE CODE
The Resear~ch and Planning Division estimates that, based upon
available data, there are, about 7,500 employees in this I~ndustry, exi-
clusive of office help. The total employment is probably about 8,000.
A 1929 estimate of value of industry products -indicates a figure of
about three million dollars annually, allthough this figure is probably
high for the period since 1929.
The normal wppork week for employees in this Industry a orel
been from. 50 to 60 hours. With a normal volume of uies h
(372)






373


maximum weekly working limits of 40 and 44 hours for plant and
delivery employees, respectiv~elywl euti napeibesra
of eployent Thelackof efinite figures on current and past
emp~loymlent' precludes anl accurate estimate with respect to the numi-
ber of employees who will be added to payrolls by reason of the
approval of this Code. The samne lack: of Informationl on prevailing
wage rates prohibits a definite estimate as to increased earning power
by reason of the Code provisions. From general information, it is
considered probable that, in spite of the shorter hours worked,
wtleelkly earnings will not in anly case be lowered, anrd the avera~geS
weekly comnpenrsation per employee will probably be m~uch higher
reason of the approval of this Code.
FINDINGS

The Assistant Deputy Atdministrator in his final report to me on
said Code having found as herein set forth and on the basis of all
the proceedings in1 this matter;
I find tha~t;-
(,a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
reoval of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount' thereof alnd will pro-
vide for thne general welfare by promoting the organization, of indus-
try for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions anld supervision, by eliminat-
ing unfair competitive practices, by promrJoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except; as m~ay be temporarily
required), by increasing the consump tion of industrial and agrc~icul-
tural products thitoughl increasing purchasing power, by rdcn
and relieving unemployment, by improvmlg standards of laboran
by otherw-ise 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 approved complies in. all respects with the per-
tinent provisions of said T'itle of said Act, including without
limitation Subsection (a) of Section 3, Subsection (a) of Section
7, and Sutbsection (b) of Section 10 thereof; and that the applicant
Association is an industrial association truly representative of the
aforesaid Industry; and that saidt Association imposezs no inequitable
restrictions on admission to membership therein.
(d) The Code is not dlesignedl to and will not permit monopolies
or monopolistic practices.
(e) The Codep 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 hav\e
not been deprived of the right to be heard prior to approval of said
Code.
I wish to point out the fact that certain of the labor provisions
of this Code are subject to further consideration and later revision,
and are being approved primarily because of the existence of similarly






374

provisions in. approved competing Codes, to wit: the Code for the
Crushed Stone, jSa~nd and G~ravel a~nd Slag Industries, and the Code
for the Builders' Supplies Trade In dustry. It is my proet
consider the advisibility of re-convening hearings onal'teeo
these Codes at a later date after proper notice, -for the purpose of
amending the labor provisions in these Codes with a viewv to more
effectively spreading employment and improving living conditions for
employees, and in so far as is equitables to maintain similarity in
the labor requirements in these Codes.
F~or these reasons, therefore, I have approved this Code.
Respectfully,
HUGHr S. JOHNiONl~,
Adiminisltrat~or.
W~BsmwIGIoNo, D).C.,
February a7, 1934.











COD>E OF F`AI[R COMPETITION FOR TCHE READY M/IXiED
CONCRETE INDUSTRY

AnaIcra I--PURPOSE

To 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 Ready 10ixed Concrete Industr~y and shall
be binding upon every member of the Industry.
ARTICLE II--DEFINITIONS

SECTION 1. Ready Mimd concrete IRA8stry.--As used in this
Code, the term "' ready mixed concrete industry includes thec manu-
facture for sale, and sale by those w~Fho mnu~lfactulre, of ready mixed
concrete, whether manufacturedl at a central mixing plant or in
transit or at the site~ of the work, and such related branches and
subdivlsions thereof as may from time to time be~ included under thae
provisions of this Code by the Pre~sident, after such notice and hear-
in~ as he may prescribe.
OECION2.Employee.--The term employee ", as used herein,
includes anly and all persons engaged in the I~ndustry however comE-
pensated, except a member of the Industry.
SECTION 3. ~Emplo~yer.--The term employer ", as used hlerein,
includes anyone by9 whom any suchl employee is compensate~d or
em ployred.
SECTION 4. Memnlber of the Industry.-T~he term Memnber of the
Indlustr '", as used herein,. includes, but without limitation, any indi-
vidual, partnership, assoclationl, corporation, or other form of enter-
prise engaged in the I~ndustryy, either as an employer or on his or its
own behalf.
SECTION 5. Reg~ion.-Te term "' region ", as used herein, includes
any one of the several parts of the United States established as here-
inafter set forth in ALrticle VTI of this Code.
SECTTON 6. Mar~keting Area.--The term "' narketirig area ", as used
herein, includes any subdivision of any region or regions established
pursuant to Article VI71 of this Code.
SECTION 7. 188sociation.-T'Che term '"Association ", as used herein,
shall mean the Nationlal Ready M~ixed Concrete Association, Inc.
SECTION 8. Comnrittee! on Organizat~ion.--The term "' Committee on
Organization ", as used hlerein, shlelf mean the committee of th In-
dustry appointed t~o present this Code and to serve as the Code
Authority, as described in Article VI~, Section 2, of this Code, until
the members of such Code Authority have been regularly elected as
hereinafter provided.
SECTION 9. Code Autho~rity.--The term "L Code Authority "', as used
herein, shall mean the committee of the Industry, selected in accord-
ance with the provisions of Article V;I, Sect~ion 2, of this Code, for
the purpose of administering the provisions of this Code.






376


SlECTION 10. President Act, and Adm~inistra~tor.-The terms Pres-
ident ", and "Act ", and 'AEcdministrator s sd heren hal man
respectively, the President of the UnitdSteTleIothN-
tional Indlustr~ial Recovery Act, and the Administrator for Indlustrial
RecoveryT.
ARTICLE III -HounS

SECTON 1. Working 1Time.--
(a) Except as set forth in Section 2 of this Article, no employee
shall be permitted to work: more than 40 hours per week, or more than
6 days in any one week.
()Employers who personally perform manual wCork or are! en-
gaged on mechanical operations shall be subject to the extent, per-
mitted by the A-ct, to the same maximnum hours as are provided in
this Code for employees.
(c) No employer shall knowingly engage any employee for any
time which, when totaled with that previously performed withl an-
other employer in this Industry, exceeds the maximutm hours herein
specified.
SIECTION 2. EYxceptionsJ.--
(a) Truck Drivers and Dispatchers.-1Except as provided in sub-
sections (b) and (e) of this Section, nro truck driver, helper, or dlis-
patcher shall be permitted to work more than 44 hours per week, nor
more than 6 days in any one w~eek.
(b) Emnergenzcy El~mploymenzt.-Except as provided in subs~ec~tio.n
'(e) of this Section, the total number of working houlrs of employees
engaged in emergency repair work: involving breakdowns or pro~tec-
tion of life or property, comprising not more t~hanl five (5) percent of
the total number of employees, shall be not more than 48 in any one
week.
(c) Balesmen alnd ~awnagers.-T'lhe :me ximuml hours~ specified in
Section 1 of this Article shall not apply to commnerein1l travelling
salesmen, (not including truck drivers), or to employees engaged in
executive or managerial capacities who receive not less than $f35.00
per week.
(d) Watchmen.--The total number of working hours of employees
engaged as watchmen shall not exceed 60 in any one week, nor shall
any employee en-gaged as a watchman work more thlan 6 days in an
one week.
(e) Overtime Comp~e~nsatiolz.--Employees who are comnpensated
on an hourly basis may work in excess of the maximum hours pre-
scribed herein, provided that not less than one and one-third times
the normal hourly rate is paid for all time worked in excess of thle
maximum hours provided in this Article III.
ARTICLE IV-WAES

SECTION 1I. Rat68 of Pay.--
(a) Except as otherwise provided in subsection (b), (c), and (d)
of this section, nlo employee shall be! paid less than the minimum
rates herein below specifiedl opposite each division within cities of
over 500,000 population and in the immediate trade area of such
city in such division, nor less than 5e per hour less than the rates






377


hereinbelowv specified, in, cities of less thann 500,000 population or
more than 15,000 popullationl and in, the :imnuediate trade ar~eas of
such. cities in such dlivisio~ns, nor less than 10i les-s than the rates
hereinb~elowc7 speecifiedl in eachl cityr or place of less than 75,000 popu-
lationl in any such division, unless it is includedlcc in a tradte area. For
the purposes of this Coder at rudel area, shall be detfined~ by the Code
Authority, subject to the approval of thne Administrator, and popu-
lation shall be determninled by the 1930 Fedelra;l census.
Alabanni!, Ge~orgfin, Floriran, North Carolina, South Carolina, Loui-
slann, Mississippi, Tennessee, Airkransas, Ken~ltulcky,3 Teas, Vir~ginia,
West Virginia, New M~exico, and ArIizrn,l~1 35 cents pe~r hour.
Delaware, 3M~ary3nndl, District of Columbia, Co.loradol-, Wy~7\om~ingr
Oklahomn Utah, Montanln, Idaho, Washington, OIregocn, N3evada,
and sourthern1 division of California, 40 cents per hour.
Californria (nor~thcrnl diivision), Illinois, Indiana, Pennsy~3lvan ia,
New Jer~sey, N~ebraskan, New York (except NewR York City), Ver-
mont, New Hampshire, Maine, Massa;~~c~husetts, Connclticu~t, Rhod~e
Island, Mlinnesota, North Dakota, South D~ako~ta, Iowa, Ohio, Mlis-
souri, K~ansas, ~Wisconsin, and M~ichl~igan, 45 cents per hour.
City of Niew York, 50 cents per hour.
The minimum rates of pay e~stab~lishedl in this section shall apply
only to conunl~on labor or totally unskilled labor; and sklilledl labor
shall be compensated at rantes of pay- higher thann the rantes herein
provided.
The Southern Division of California, for the purrposes of this
Code, includes all of the State of California south of the 36th North,
latitudinal line; and the Northern Division of California includes
the remainder o~f the State of California.
(b) General: Comlpensatio~ln Increase.--To the extent practienble,
weekly earnings shall not be dc~trea~sed- notw~ithstand~ing thlat hours
of wvork may be redtuc~ed, anrd rates of pay for occupa~tions in excess
of the mnininluln hlerein prescribed shall be increased so as to main-
tain differences in1 full time wFeekily earrningrs existinrw on. Julyr 1.5,
193;33. Upon request of the Administrator, rep~orts shalri be fulrnished:
cover~ingr such adljustments.
(c) WaVtrchmenic.-The weekly wage for wa-tchmenn shanll boe not less
thlan $13.00 per week in Allabamn, Georgin1, Florida, North Caro-
lina, South Carolinn, Louis~iann, M~ississip~pi, Tennessee, Arkansas,
Kentucky,~r TexaP~s, Virginia, West Virginia, New Mex~ic~o, and A9ri-
zona, and not less than $14.00 p~er week in Delaware, Mry;13landl Dis-
trict of Cohanllbia, Color~ado~, W~yoming, Okla~homa, Utah, Morntana,
Idaho, Washington, Or~egon. Nevada, California, Illinois, Indiana,
Pennsy~lvania,, New Jerseyia, Nebraska, NewFP York, Vermlont, Newi
Hamplshir~e, M~ainle, Massanrluchuttsi, Colnnecticut, Rhod~e Island, M~in-
nesotn, North Dakota, So~uth Dakcota, Iowva, Ohio, Missouri, Kansas,
W~~isconsin, and Rlichigann.
(d) Salnr'idr Em~p!loyes.--No necounting, clerical, or offce em-
ployee shall be paid less than th~e rate of $15.00 per week in any
city of 500,000 or miore population. or in the immnedliate trade area orf
such eity; or less than th~e rate of $14.00 per week in any city between
100,000 anid 500,000 population, or in the iniunediate trade area of
such city; or less than $;13.00( per week in any city below 100,000 pop-
43081"---87-145-34--






378


ulation, or in the immedlrtiate trade ar~ea of such city. Population for
the purposes of this paragraph1)~ shall be determined by preference to
the 1930 Federal Censuls.
(e) P~iece Work Coml~pcnsai~vf on.-T-lhis section est~ablish~es a mini-
mluml rate of pay which shall apply irresp~ec~tive of whether any
emloyl~~ee is comlpellnt ate on a time rate, piece rate or other basis.
(f) Meiifthod of Paym~ent.-An employer shall make payment of all
wages due in lawful cu~rretncyl) or by negotiable checrk therefore, spay-;
able on demand. Wages of employees paid on an hourly basisshl
bei paid at least twice a month and salaries at least once a month.
Thlese wrages shall be exempt from anly payments for pensions, in-
surance, or sick benefits other than those voluntarily paid by wage
ear~ners.
The employer or his agents shall acept. no retbatesj, directly or in-
directly, on such wages nor give anything of value or extend favors
to any person for the purpose of influencing rates of wasges or the
working conditions of his employees.
ARTICLE VT-LABOR PROVISIONS

SEC'TION 1. Rights of Labor.--
(a) Emnployees shall have the right to organize and bargain col-
lectively through rel.pres~entati ves of t~heir. own choosing, and shall be
free from the interfierncenc restraint, or coercion, of employers of
labor, or their agents, in the designation of such repretsentatives or in
self-org~anization or in other concerted activities for the purposes of
collective b~~argainng or other mutual aid or protection.
(b) No employee and no one seeking employment shall be required
as a conditions of employment to join, any compan;IIy unionl or to
re~~ ri n from jolming, olrrganljizing, or assidt i ngr a la or or~ganizlt ion of
his own choosing; and
(c) Emaployes~c shall comply with thne maximlum hours~ of labor,
minimum rates of pay, and other condition of emloymen311~1t, ap-
prov'\edl or prescribted by the Prtsident.
SECTION 2. Child Labor.-NI o person undt~er 16 years of aget shall
be em~ployed'' in the indt'ustry?, nor anyone under 18 y~ear~s of age at
occupations hazardous in nature or dletilrimetal to health. In any
State, an employer shall be deemed to have comllplied with this pr~ovi-
sion if he shall have on file a certificate or permit duly issued by the
authority in such State empowc~neredl to issue employmnent or age cer-
tificates or permnit, show\~ing~ that t~he emplloyee! is of the required
age.
SECTION 3. Labor Protectioz.-
(a) W;Cithin each State or subdivision thereof, no ~provision of this
Code shall supersede any lawcPs of such State or sutbdl\ivisin imposing
mlor~e stringent r~equiremnentsi on emlployer~s, regullatilgr the age of
employees, wages, hours of work, or health, fire or general working
condit ions than are implosed under this Code.
(b) No emlployer shall :rec~las~sify empllloye~es or duties of occupa-
tions pe~rformel uby employees, or engage mn any other sulbterflgre so
as to defeat the purposes of the Act or of this Code.
(c) 1Each employer shanll post in conspicuous and accessible, places
full copies of this Code.






379


(d) Each employer shall provide for the health anld safety for
his employees while engaged in the dlischarg1je of their duties. HeI
shall not be relieved from protec~ting: his emlployees; by wor~kmen's
compensation insurance ac~cor~ding to the amount~ re~quiredl in the
SCtate of jurisdiction.
(e) Each employers shall so adm~linister work in his c1harge as to
provide a maximum practicabhle cocntinulity of emiploymient for his
emiployees.
(f) A~n emnployee shall be panid at least his normal rate of p~ay for
all timne required to be spenlt at the place of employmnent or in con-
nection, with the discharge of duties or such e~mp~oloyent.
SEC'TION 4. Existing Larbor C~ol nt~riac.--Labor agr!eement s now m i
force between individual members or groups of members and their
employees shall be affected only by such~ labor and hour pr~ovisions
in this Code as may prescribe. higher w-ages and shor~lter hours than
a~re prov'ided for by such agreements.
SECTION 5. Accident Pre~veltion.- Evryy mlember of the TlIndutry
shall lend his cooperation and active support to a pr~ogram for thes
r~eductionl of incidents in, tlhe conduct of his op~erations. No member
of the Industry shall be permiit ted to expose his employees to un-
nece~ssar~ily danrger~ous w~orking hazalrds and cases of culpable disre-
gardi of the life and health of employees shall constitute a violation
of this Codle.
SE(.TION 6. Labor o~n Misers at Site of Work.--Employees enogaged
at a mixiingr plant on the site of a construction project, establisihed to
serve that project, shall not be subject to the labor provisions of this
Code. but shall be subject to the labor prov-isions of such National
Recov-ery Admlinistr~ation Code or Codes as may be applicable to the
emp~loyees on that conrstructio n project.
Annous VCI-A-~DMrsINISTR ATI ON
SEC.TION 1[. Reg~ions.-For the purpose of securing adlequate r~epre-
sentation in the national administration of this Code of Fair Com-
petition, the Un~itedl States shall be divided into seven regions, as
follows :
Region No. 1. Mlaine, New H~amlpsrhire, Vermont, Mlassachus~etts,
Conne~cticult, 'Rhode Island, and NIew1 `York.
Region No. 2. ]Pennsylvania,, Newr Jersey, Delawarlle, M~aryland,
WJest -Virg~inia, V~irginia, and the IDistrict of Columbia.
Regioni No. 3. North Carolina, Souith Car~olina, Georg~ia, Florida,
Alabamn, anld M~ississippi.
Regioni NIo. 4. W\isconsin, Miic~higanl, Illinois, Inidiana, Ohio, Ken-
tuicky, and~ Tennessee.
Region No. 5. North Dakota, South Dakota, Mlinnesota, N~ebr~aska,
lowa? M~ontana, anid WSyoming.
Region No. 6. Coloradlo, Kiansas, M~issouri, Oklahomla, Arkansas,
Newr Mlei~co, Texas, and Louisiana.
Region No. 7. Waushington, Oregon, Idaho, Califor~nia, Nevada,
Utah, and Arizona.
SEcTION 2. rodle A uthority.
(a) To effectuate further the policies of the Act., the Codle
Authority is her~eby constituted to cooperate with the Admiinistrator
in the administration of this Code. The Code Author~ity shall con-






380


sist of one representative from each of the regions described in
Section 1 of this Article, elected by the members of the Inrdustry
within each region, subject to the provisions of Section 7 of this
Article, by a fair method of selection to be approved by: the Adminis-
trator, two ex officio mremlbers, consistingr of the president and one
staff mnlllembe of the Association; and from one to three members,
without power to vote, appointed by the Atldministrator, for such
sterns as he may designate, such members appointed by the Adminis-
trator to act, wcpithout expense to the Industry, as his representatives
or as representatives of such groups as he mnay designate. The In-
dustry members of thne Code Aluthnorit~y shall be selected within.
ninety (90) days after the effective date of this Code. The elective
Industry members of the Code Ai~uthority shall serve for one year,
or until their successors are elected.
(b) 1Each trade association directly or indirectly participating
in the selection or activities of the Code Authority shall: (1) impose
no inequitable restrictions on. memnbership, and (2) submit to th~e
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 activi-
ties as the Administrator may deem necessary to effectuate thne pur-
pose of th-e Act.
(c) In order that the Code Authority shall at all times be truly
representative of the members of the Industry, and in other resplc't~s
comply with the provisions of the Act, the Administrator may pro-
vide such hearings as he mnay deem~l proper; and, there fter, if h-e
shall find that the Code Authority is not truly representative or
does not in other respects comply with the provisions of thle Act,
may require an appropriate modification in the selection of the Code
AtuthorityT.
(d) The Committ~ee on Organization, together with. not more than
three representatives appointed by the Administrator, pulrsunt to
subsection (a) of this section, shall act for and on behalf of the Code
Authority and shall be charged with. all of its duties until the mem-
bers of such Code AuthorityT have been regularly elected, as herein-
before provided. The Committee on Organization shall be specifi-
cally charged with arranginga for the initial election of the Code
Authority.
SECxTION 3. Marldeting Airea8.-T'1o facilitate local organization and
enforcement of this Codle, and to provide suitable self-~determination
of local issues, within. thne scope of the powers granted under this
Code and not inconsistent with it, members of the Industry supply-
ing ready-mixed concrete in any area, subject to the approval of the:
Code Authority, may designate such, area as a IinarkXetingl area. Mem-
bers of thne Industry supplying readly-mnixed concrete in such areas
may elect such committees as are necessary to administer this Code
in such areas, provided, however, that any action taken by then shall
be subject to the review and approval of the Code Authority, either
on its own motion or at the instance of any interested person and
except that the Code Authority shall reserve final responsibility for
the administration. of the provisions of this Code.
Members of suchl committees in suchn marketing areas shall be
elected, subject to the provisions of Section 7 of this Article, by a fair






381


method to be approved by the Admtlinistrator, and shall serve for one
year or until their successors are elected.
SECTION 4. Voting.--Each member of the Code Author~ity, Com-
mitt~ees olf Mlarketing Areas, the Committee. on Organization, and
such other commit tees or suzbcommitees as may be appoinItedl pursuant
to this Code, shall be entitled to one! vote in the proceedings theref
and a majority vote shall govern.
SECTION 5. Arbtitrationl. -Com1plaints or controversies, involving
labor, the consurming interests, or other groups outside of the Indus-
try, ma~y be referred, w~ith the consent ofE both parties to the contro-
versy, to an Arbitration :Board, comnposedl of an equal number of
representatives, not exceeding three members, of each of the groups
involved in, the contr~oversyr, together with a neutral arbiter selected
by the appointed members of the Arbitration Board.
SECTION 6. Stat~isctics.-
(a) All members of the Industry shall file with the Association
such reports as mnay be! required by the Code Authority wit respect
to hours of labor, rates of wages, production, stocks on hand, sales
and such other information as may be necessary to the administration
of this Codle. All records so filed with the Association shall be confi-
dential documents, except that they may be published in summary
and except that they shall be made available upon! ruest to the
Administrator and to such impartial agency as the 'Code Authority
many designate where necessary to facilitate the administration of the
Code. The Code Authority shall make such ~reports to the Adminis-
trator as he may request.
(b) I~n addition to information required to be submitted to t~he
Code Author~ity,? members of the industry shall furnish to such,
Federal and State ageneles as the Administrator may designate, such
statistical information as the Administrator miay deem necessary
for the pour~poses recited in ~Section 3 (a)~r of the Act, and nolthing in
this Coe shall relieve any person ofany existing obligation to
furnish reports to Government agencies.
SECTION 7. Admlili.strativLe Earpllense-Onl those members of the
Industry who assent to and comply withth requirements of this
Code and sustain their reasonable share of the expenses of its ad-
ministr~ation shall be entitled to participate in, and share thme benefits
of the activities of the Code Authority andi to participate in the selec-
tion of the members thereof, and to use the National Recovery Ad-
ministration Code insignia. A reasonable share of the expenses of
administration shall be determiined by the Code Authlority,, on the
basis of volume of business and,/or such other factors as may be
deemed equitable to be taken into consideration.
SECTION 8. Right of A ppeal.--Appeal from any decision by com-
mittees within marketing areas or by the Code Authority mayb
taken to the Code Authority or to the Administ~rator, respectively.b
SECTION 9. 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 Admini~st~rator 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 the Administrator approves or unless he shall fail to disap-






382


provce after thirty days' notice to him of intention to proceed with
such action in its original or modified form.
AnTIman VTII -TIRADE PRACTICES
SECTION 1. TCnfair 2Method8.--The following practices constitute
unfair methods of competition, for m~embers. of tthe Industry and are
prohibited:
(a) Secret Rebates.--No member of the Industry shall make or
pemit any secret rebate, refund, credit, or unearned discount in the
orof money~ or otherwise, nor shall he extend to certain purchasers
any special price or privilege not extended to all purchasers under
like terms and conditions.
(b) Paynerst of C~ommission.--No member of the Industry shall
secretly pay or promise to payT to a, customaer or employee of a cus-
tomer a comminssioln or consideration of any character for the pur-
pose of inducing or compensating for a sale.
(c). Commercial Briberuy.--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 employee,
agent, or representative of another in relation to the business of the
employer oft such employee, the principal of such agent or the
represented party, without the knowledge of such employer, princi-
pal, or party. Thlis provision shall not be construed to prohibit
free and general distributionl of articles commonly used for adver-
tising, except so far as such articles are actually used for commercial
bribery as hereinabove defined.
(d) lInterference Ztoith Alnother's C~ontratcts.--No member of the
Industry shall attempt to induce thne breach of an existing contract
between a competitor and his employee or customer or source of
supply; nor shall any such member interfere with or obstruct the
performance of such contractual duties or services.
(e) Defama~tion.--No member of the Industry shall defame at
competitor by words or acts, falsely imputing to him dishonorable
conduct, inability to perform contracts or questionable credit stanld-
ing, or by the false disparagemnent of thne grade or quality of his
material.
(f) Mlierepresenztation2.-No member of the Industry shall sell or
offer for sale any product of the Industry with intent to dec~eive
customers or prospective customers as to the quality, quantity, size,
grade or substance of suchn product.
(g) Unzit of ~Sale.--No member ofi the Industry shall sell his
product except on a, unit cubic yard basis, and measure~menrt shall be
made in accordance with Section 31 of the Tec3ntative Specifications
for Ready IMixed Concrete of the American Srciety for Testing
1Materialst wFhich is quoted below, or subsequent revisions thereof :
31. The basis of measurement of the concrete shall be the
cubic yard. The quantity of concrete produced by a given
combination of materials may be determined by measurement
in a standard measure or may be calculated from the absolute
volumes of the separate ingredients as dettermined from the
weight of each used in a b~atch~ and its specific g~ravity. Whnen
the la~tter method is -used, proper correction shall be made for
the free and absorbed moisture content of the aggregate."





383


(h) L~ump Sunm Bidding or Contingent Selling.-o member of
the Industry shall enter into any contract for furnishing any of his
product contingent upon the sale or purchase of any other thing, the
performance of any other service, or any other contingency not
ap earmng in the contract or complying with this Code.
(i) aiting Timne for Trucks.-Mlembers of the Industry shall,
ma -e quotations of price subject to a charge for waiting time for
trucks mn excess of a maximum time established by the Committee of
the Marketing Area, subject to the approval of the Code Authority
and the Admmuistrator.
(j) Bid Pedd~ling.--The members of the Industry pledge their full
cooperation in the elimination of th~e practice known as bid
peddling ", and which is denounced as an unfair trade practice for
the Construction Industry as defined inr such basic Code of Fair
Competition for the Construction Industry as maty be approved by
the President.
(k) Enaticenwant of IEmp-loyees.-No member of the Industry shall
maliciously entice employees from a competitor for the purpose of
interfering with his business. H-owever, nothing in this paragraph
shall prevent any employee from offering his services to a competitor,
nor prevent any employer from employmng the employee of another
member of the Industry where the mitiative in such change is taken
by the employee.
(1) Jobbers and Distributors.-
1. All members of the Industry shall give preference in purchase
of materials to a material producer or dealer ws9ho complies with
the provisions of the Code of Fair Competition, if any, of the
Industry by which the producer and,/or dealer is bound.
2. No member of the Industry shall indirectly violate this Code
by disposing of his industry. products through a middlema whom
he controls by stck ownership or any other frm of ownership, and
who does not adhere to the? standards of fair competition established
by the Code.
SECTION 2. Crost LDetermnination.-
(a) Uniform Cost Accountinag.-T~he Code Authority shall formu-
late and submit to t~he Admimistrator for his approval a, uniform
costing and accounting system or method. After such approval, all
members of the Industry shall adhere to such uniform costing and
accounting system or to such other stem which conforms to the
principles of and Is at least as detaileYd and complete as the system
so approved; to the extent of incorporating in their calculations of
cost all of the elements of prime cost and such other items of cost
as may be ~prescribed by such system.
(b) Selhzng Belrow Cost.--No member of the Industry shall sell
his product at less than an amount equal to his prime cost thereof,
plus ten (10) percent, except as provided in this subsection (b)
and in subsection (c) of this Section; provided, however, that this
percentage shall be subject to revision by the Administr~ator after
such notice annd hearing as he may require. Such prime cost shall
be computed in accordance with the uniform costing and account-
mng system as described in subsection (a) above and shall include
cost of ingredients, transportation, and all other items of cost, ex-
clusive of return on capital invested, interest on borrowed capital,






384


administration, reserves, and selling expense. The cost of pur-
chased ingredients of the concretlte shall be takren as the invoice price
thereof. Where one or more of the ingredients for the concrete are
manufactured by a member of the Industry, their cost shall be taken
as the regular sales price quoted for such ingredients for sale to
others at the same point of delivery and under similar conditions
of sale.
The foregoing provisions of this subsection shall not protevet
meme othInustry froml meeting the competition fante
member of the Industry, provided, however, that the sale or price
quotation of that member of the Industry whose competition is
met pursuant to this provision. shall constitute a violation of this
Code if such sale or quotation is at less than his own prime cost
plus 10% as hereinbefore defined.
(c) Open Price Policy.--The committee of any marketing area,
if It so elects, and subject to the approval of the Code Authority
and subject also to the provisions of subsection (b) of this section,
may adopt for the members of the Industry selling within. that
marketing area the following open price policy:
In each mnarketing area where the open price policy is adopted,
each member of the Industry selling within the marketing area shall
file with the committee of the mark~eting area, not less than, nor mIore
than, five (5) days in advance of the effective date thereof, all prices,
term, and conditions of sale for his products, f.0.b. delivery point.
Such prices, terms, and conditions of sale shall continue in effect
until other prices, terms, and conditions of sale have been duly filed
as hereinbefore provided. TIhe committee of the marketing area
immediately shall cause copies of all such price lists ~filed with it to
be distributed among the members of the Inldustry selling within
the marketing area, and to be made available for public information.
Any member of the Industry selling wFiithin a marketing area may
file revised lists to meet the prices, terms, and conditions of sale of
any other member of the Industry, established by the above method,
as of their effective date.
Any deviation by a member o~f the Industry selling within the
marketing area from his prices, terms, and conditions of sale, estab-
lished by the above method, except as hereinbefore provided, shall
constitute a violation of this Code.*
SIECTION 3. T;7zzform 767748 Of ASdZI a6n CreOdit Practice8.--
(a) Subject to the approval of the Code Authority, members of the
Industry witin any m~arkreting5 area may establish. uniform terms of
sale and credit practices, which, when approved by the Adminis-
trator, shall be binding upon all members of the Industry selling
in such marketing area.
(b) Nothing in this section shall be construed as permitting of
agreements to fixr uniform selling prices.
SECTION 4. Productionz Capacity and Noto Produlction.---
(a) To promote the fullest possible utilization of the present pro-
ductive capacity of the ready mixed concrete maanufacturing Indus-
try, and to effectuate the other purposes of the Act, the Code Author-
ity shall be charged with the duty of conducting a survey for the
purpose of developing information concerning existing productive
See paragraph 2 of order approving this Code.





385


capacity and current anid potential~demands for the p~rouclcts of this
Industry in each mnarketilgr arena, and from~ timer to time shall malke
recommendations to the Admn~isl~ttorao for the establishmnentt of such
regulations as mnay be necessary to avoid the aggr~avation~l of the
condition of overenpacity which m~ay exist in any m narkettil ng ara.
(b) Any group of members of the Ind~ustr~y may agr1ee not to be
a party to any action which will increase the reproductive capIac~ity
within any markectingr area. All such agreements shall be reviewecd
by the Code Authority and shall not become effective until approved
by it. Such agreements may be exlcelled by the Code Author~ity or
by the Adlministrator, wheneuver either of them may decterminle that
such agreements do not effectuate the pulrpoc.ses of this Code and of
the Ac~t. Any palrty to such agrreemernts mnay wihra here'fr'om
on written notice to the other parties to the agreements~ ll at ~their last
known addresses, and to the Code Authority.
The provisions of this section shall not be construed~t as limiting
in anly way: the interchange of equ~ripmlent among mlemnber~s of the
Industry within a marketing area, or as preventing~ anly mnember of
the Industry from improving the effic~iencyy of his plant or equipmenii~it
through the installation of new mnachlinlery, or adopting such mellthodls
as will lower production costs.
ARTICLE VIII-- fonI FICBTrro
S~ECTIOIY 1. StatUtfory 'Pr'ovisione11.-This Code and all the pro~cvisions
thereof are expressly made subject. to the right of the Pre~sid~enlt, in
accordance with the provisions of subsectio~n (b) o~f Section 10 of
t~he Act, from time to timne to cancel or modify anyg order, approval
license, rule or regulation issued under Title I of said Act, and
specifically, but wi~thou~t limitation, to the right of the Presidlent to
cancel or modify his approval of this Cod-e or any conditions implose~d
by him upon his ap~proval th~ereof.
SECTION 2. Amendmelntsiz f.-T'lhis Co~de, except as to prov-,isionls re-
quired by the Act, may~ be modlii~ed on the basis of exsperieince or
changes in circumstances,; such modlifications to be based3 upon appli-
cationi to the Admninistrator andc such notice and hearings as he shall
speci fy, and to become effecct i ve on apIprovral of the Admninistrator.
ARTrICLE IS RATONOPOULES

No provisionl of this Code shall be so applied as to permit nlonog-
olies or mounopolistic practices, or to chimmate, oppress or discrmul-
nate against small enterprises.
ARTICLE XY-EFFECTIV.E DATE
This Code shall become effective on thle beginning of the tenthf dlay
after its approval by the President and shall cease to be in. effect
at the expiration of twfo years after the date of enactent of the Act,
or sooner if the President shall by proclamation or the C~ongress
shall by joint resolution declare that the emergency recognized by
the Act has ended.
Approved Code No. 311.
Registry No. 1011-05.




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