NATIONAL RECOVERY ADMI~INISTRATION
CODE OF FAIR COMPETITION
AND FINISHING INDUSTRY
Par sale by the Superintendent of Documents. Washington, D.C. . Price 5 cents
Approved Code No. 421
Registry No. 1023-28
AS APPROVED ON M\AY' 9, 1934
WE DO QUR PART
GOVERNMENT PRINTING OFFICE
This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
FIioreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMIERCE
Atlanta, Ga.: 504 Post Office Building.
Birminghamn, Ala. : 257 Federal Building.
Boston, Mass.: 1801 C~ustomhouse.
Buffalo, N.Y.: Chnamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706f, 201 North Wells Street.
Clev~eland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detrolit, IMich.: 801 F'irst National Bank Building.
Houston, Texz.: Ch~nulimbr of Commerce B~uilding.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fila.: Chamber of Commecrc~e Building.
K~ansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Fejderal Building.
Memphis, Tenn.: 229 Fe~deral ]Building.
Minneapolis, Minn.: 213 federall Building.
New Orleans, La.: Room 225-A, Customhouse.
New 1York, N.Y.: 734 Custombouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial T'rust Building.
Pittsburgh, Pa.: Chamzber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San F'rancisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 F'ede~ral Office Building.
Approved Code No. 421
Registry No. 1023-28
COD)E) OF FAIR COMlPETIITION FOR THIIE MARBLE:
QU7ARRYING AND FINliISHING INDUSTRY
AS APPROVED ON MI;AY 9, 1934
]Pagre 71 of the printed code, article VI, subdivision b, sectoln
14, pa"ragraphl D, ninth line from bottom of page, the printed word
" more should be2 "' mere."
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in 2011 with funding from
University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation
Approved Code No. 421
CODE: OF FiAIR COMPETITION
MARBLE QUAR~RYING AND FINISHING INDUSTRY
As Approved on May 9, 1934
A:PPROVINGc CODE OF FAlIR GCOMPETITIONi FOT THEE MARMBtLE &UARRYING
aNr FINIsulsho IINDU~STIlY
Anr application having been duly made pur~suant, to and in full
compliance with the provisions of Title I of the Niationazl Inldustrial
Recovery Act, approved June 16, 1933, for appr~oval of a Code of
Fair Com~petition for the Mlarble Quarrying and Finishing Indulstr~y,
and hearings having been duly held thereon and the annt~exe repport
on said Code containing findings with respect thereto, having been
made and directed to thne President:
N-OW, TH-3EREFORE, on. behalf of the P'resident of the United
States, I, Hu~grh S. Johnson, Ac~dministrator for Indulstriall Recov\ery,
puruan toautoriy vste inme y xecutive Orders of the
Presden, icluingExectiv Orer o. 543-A, dated Decemnber
30, 1933, and otherwise; do hereby inlcorp~orate 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
purposes of said Title of said ~Act; and do hereby order thnat said
Code of Fair Competition be and it is hereby approved-; providled,
however, that the provisions of Article VII, Section 5, insofar as
they prescribe a waitinga period betwc~een the filing with the Code
Authority (or such agency as may be designated in the Code) and
the effective date of price lists, as originally~ filed and/or revised
price lists or revised terms and conditions of sale, be aInd they are
hereby stayed pendn my3 further order; and pr~ovided further, that
the hourlyr rate for te North as provided inr Section 1 of A~rticle
III be approved pending the completion of a study of this rate in
connection wcith the rates of similar codes; and p~rovided3 further,
that the Code Authority shall not later than ninety days after the
date of this order, submit to the Adlministrator further etvidecnce that
the averaging of hours as provided in Section 1 of Article II is
necessary in this Industry.
ITonc S. Jour~sox,
Administrantor for Ilndustliral Recover!-.
Approval recommended :
A. R. GLANcy,
11ay 9, 193$j
67est*D---so -4 ----34
~REPORT TO THE PIRESIDENlT'I
The WFt7hite HEiouse.
SmR: This is a report on the Code of Fair Comnpetition for the
Marbe QarringandFinshig Idusry he public hearing hav-
biab~Qaring bencodue thren inWshing nutron D.e C., on September 8,
1933, in accordance with the provisions of the Nlrational Indust~rial
T'he M~arble Quarrying and FEinishing Industry, as its name im-
p~lies, Irlepresents the quarrying (producing) and fabricating bra nches
of the Marlble Industry. The construction industry utilizes about
three-fourllths. of all the marble .quar~ried, the remnaming one-fourth
being used principally for muonumnalenn purposes. Co~mpetitivsely,
marble for exterior use is related to the other stone industries---lime-
stone1 and granite especially. In interior work marble is also in com-
petition with slate, wood, metal, tile and snt'hetic substitutes.
The industry at present is suffering neutely from the lack of con-
struction and arccordtingly is at a virtual standstill. TIhe current, vol-
ume of business done by thne Mfnrble Quarrying and Finishing lIn-
dustry is about ten per cent of 1929 at which time, it is reported,
the value of manufactured marble was approximately $53,000,~00.
A further indication of the unfortunate position, in which the
MarI;ble Industry is presently situatedl, lies in thie fact that t~he setting
of marble in. a building str-uctulre Ings from six months to a year
behind structural steel work. Hence, even when construction even-
tually shoews improvement in volume, the Manrblle Industry cannot
look for impl-rov\emenlt. in its sales until months later.
HOURS AND WAGES
The Code establishes a 4i0-h-our week exrcetptig wantchmlen who are
permitted to wpork 56 hours per week, firemen and plant engineers
whlo are permitted to work 48 hours per week, and shipping lerks
and truckmen who atre permitted towr 5husper week
Minimum rates of wagtes establishedl are 371/2 cents per hour in thle
North and 30 cents per hour in the South.
Child labor is prohibited and no person under 18 years of age
may be employed at occupations or operations -which are hazardous
in. nature or dangerous to health.
ECONOMIC EFFECT OF THE CODEF
Available statistics do not segr~egrte employment in the marble
mall~nufa<-t r~ingr industry from all other stone indlustries. It is esti-
mated, howeverl, that in 1990~ the total number of w~orklers engagved~
mn marble quarrying and manufacturingg w~as 17,000. By1\ the sum-
mer of 1933 this number had been reducedl to 6250 and at present
it is etstimnated' by the Indlustry1 rep~rese~nttatives that there are only
about 3000 employees working a total of around 22,000 ma~n hours on
a part time basis.
T~Iherefore, in view of these conditions and those recited above,
there is no possibility of anly material ilcr~ease in employment until
conditions in the construction industry improve. The wage anld
hour provisions of the Code vefry' mateially improve labor con-
dit~ions in th~e South where the minimum wage rates, now~ estabrlishedt,
represent an increase over depression grants of us much as 100
per cent. The 371~/2 cent rate mn the North. also(- r~epresent a sub]-
stantial increase, in mninimlum rates paid in 1933 pLrior to the Act,
and, furtermore, in most regions raises minimum grants above the
The Code also re-etstablishes biddcing rules of the Industryt th~at
were in effect for more than 12 years prior to the depression. It
is expected that placing these b~idding rules in operation again will
stabilize the industry and assist in returning it to its former healthy
basis of operation.
The Deputy Administrator in. his final report to me on said Clod *
having found as herein set forth and on the basis of all ~the pro-
ceedings in thlis mlatter;
I find that:
(a) Said Code is well designed to promote the policies and p-ur-
poses of Title I of the N~ationlal Industrial Recovery Atlct, including
~removal of obstructions to the free ~flow of inters~tate and foreign
commerce which. tend to diminish the amount the-reof and will pro-
vide for the general welfare by promoting the organization of
industry for the purpose of cooperative actions among thne trade
groups, by inducing and maintaining united action of labor and(
maagement under adequate g~overnm~ental sanctions and supervi-
sion, by eliminating unfair compIettitive practices, by p~romolcting the
fuxllest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production exceptt as
mrayj be temporarily required), by increasing the consumption of
industrial and agricultural products through incr~easing p~ur~chasin g
power, by reducing and relieving unemployment, by improv~ingr
standards of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ploye~es and is not classified by me as a major industry.
(c) The Code as approved complies inz all respects with the
pertinent provisions of said Ttle of said A4ct, including without
limitation Subsection (a) of Sectio~n 3, Subsection (a) of :Sec~tion
7, andi Sutbsection (b) of Section 10 ther~eof ; and that the applicant
associations are industrial associations truly representative of thei
aforesaid Indlustr~y; and that said associations impose no inequitable
restrictions on admission to membnlerdhipp therein.
(d) The Code-l is not despiganed to and will not permit monopolies
or monopolistic practices.
(e) The Cod-e is not designed to andi 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
For these reasons, therefore, I halvee approved this Code.
Huan S. JoINsoN,
AfAY 9, 1934.
COD)E O1F FAiIR COM~PIETITION[0 FOR TH-IE: MARBLE
QU~ARRYING AND FINISHING INDUSTRY
To effectuate the policy of Title I of thre National Industrial
Rcoverytl Act, the following prov-isiolns are established as a Code of
Fair Competition for the Marble Quarrying andl Finishing TIndustry,
and shall be the stan!dardsl of fair competition for such Industry and
shall be binding upon every member thereof.
SECTION. 1. The terms Mlarble Quarrying and ]Finishing Indus-
-try "' or "L Industry ", as used her~einl, include the quarrymng a~nd,'or
finiishinlg of marble for anyr structural or other use and the sale threre-
of by the quarrier or finisher, except the finishing and sale of marble
for use as monumen~ts and memorials as are usually erected in cemne-
teries other than public or private mTausoleumns.
SECTION 2. The term "' mem~nber of thle Industry includes any indi-
vidual, partnership, corporation or other form of enterprise engaged
in the I~ndustry, either as an employer or on his own behalf.
SECTION 3. Tihe! term employee as used herein includes any and
all persons engaged in the Industry, however c~ompensated, except a
member of the Industry.
SECTION 4. The term employer "' as used herein includes anyone
by whom any such employee is compensated or emnployed.
S~ECTION 5. The term "L Producer as used herein means any m~em-
ber of the industry who quarries marble.
SECTION 6. The term Non-Produc~r as used herein means any
member who does nlot quarry but who fiishes marble.
SECT`ION 7. The term "C Commlissioner as used h~er~ein means a
person appointed by the Code Authority to act in their behalf and
under their direction in matters pertaining to the Ad m in ist rat ion of
the provisions of this Code.
SECTION 8. The! terms ~"President ", "Act and "Admninistrator "'
as used herein shall mean respectively the President of t~he United
States, Title *I of the Niationlal Industrial 'Recoer~y Act, and the
Administrator for I[ndustrial Recovery.
SECTION 9. The term Code Authority as used herein means the
body constituted under Article V hereof, to cooper~ate w~itht the
Administrator in the administration of this Code.
SECTION 10. The term "Asso~iciatjon "' as used herein shall mecan the
National Association of Marble Dealers.
SECTION 11. Population for thne purposes of this C'ode shall be
dettermined by reference to the 1930) FIederal Census.
AnIrrCLE II--11AXIM~llI HoURs
SECTION 1. No employee shall be perlit~tedI to wvork in excess of
forty (40) hours per week-, averaged over a consecutive six (6)
w~eeks period, or in. excess of forty-eight (48) hours in anly week, or
in excess of eight (8) hours in any twventy-four (24) hour period,
with th~e following exceptions:
(a) Employees engaged in professional, executive or supervisory
work regulanrly ear~ningr at the rate of not less thazn Thir~ty-five D~ol-
lars ($35.00) per w~eek;
b) .Accounting, clerical or office employees;
c) Outside Salesmen and Outside Estimntor~s;
d) Watchmen, who shall not be permlitted to work: in excess of
fifty-six (56) hours per week;
(e) Emlo''yees enlgag~ed in emergency work involving breakdowns
or protection of life or property;
(f) Fiire~men andl plant engineers who shall not be permitted to
work in excess of forty-eight (48) hours per wCeelk:;
(g rT) Shipping clerks, who shall not be permitted to work in excess
offrty-five (45) hours per week.
(h) Trucktmen who shall not be p~ermitted. to work in. excess of
forty-five (45) hours per week.
Anyi employee, except employees covered by subsections (a), (b),
(c) aznd (d) of this Section 1, wmho works in, excess of forty (40)
hours~ per week or eight (8) hours per day shall be compensated at
the rate of at least one and one-third times the normal rate of pay
for all such. hours; provided, however, that firemen, plant engineers
and tlruclkmlen shall be compensated at the rate of at least one and one-
third times the normal rate of pay for all hours worked in exscess of
nine (9) hocurs per day.
SjECTION 2. NO ROcounting, clerical or office employee shall be per-
mitted to wor~lk in excess of forty (40) hours per week, or, except
when engagredl in estimating work, in excess of nine (9) hours in any
one day. A normal working day shall not exceed eight (8)oye hours.
SECTrON 3. No employer shall knowingly permit anly emplyet
wo~rk any time which when totaled with that already performed
with another employer or employers in this Industry, exsceedls the
maximum permitted herein.
SECTION 4. Any employer shall be subject to the maxiimumn limlita-
tions heretinbefore in this Article provided in the performance by
h~im of manual labor or operations customarily performed by em-
SECTION 5. No employee shall be permitted to work in excess of
sixr (6) days in any seven (7) day period.
ARTICLE III--nIN~RTrIMU AGES
SECTION 1. No employee shall be paid in any pay period less than
at the rate of thirty-seven and one-half (37%h) cents per hour in the
North andc thirty' (30) cents per houlr in the South, except as other-
w\ise h~erein p~rovidedt. Y
SEC'TION '). A~ pe~'~rsn whose earning capacit? y is limited because of
age, phyrsical or miental handicap, or other Infirmity, may be em-
ployed on light. work at a wage below t~he minimum if the employer
obtains from the state authority, dlesignated3 by the UCnited States
Department of Labor, a certificate authorizing such person's employ-
ment at such w~ages and for suIch hours as shall be stated. in the
certificate. Such authority shall be guided by the instructions of the
'See paragraph 2 of order approvinrg this Crde.
4 see paragraph 2 of order appnroving this C'ode.
United States Depatrtment of Laborl in issjuinrr certificates to such per-
sons. Each employer shall file monthly with the Code Authority
a list of all Su1ch` p~ersocns emnployved by him. showing the wages paid~
to, and the mainnoinu~ hours of work f~or suchl employee.
(a) The term "C South as used herein is defined to include the
states~ of Vi'rginia, North Carolina,, South Carolina, Georgia, Florida,
AlabmnMi. ssipi, Tennessee, West Virg~inia, K entucky, Arkan-
sas, Oklahoma, Louisiana Tlexazs, Ar~izonn, and New M~exico.
(b) The ter~m "L North '~as used herein is dlefinedl to mean the re-
ma~indcer of the, United States not specifically inlcludled in, the
South as defined in, sub-paragraph (a) of this Section 2.
SECTION 3. No person employed inl cler~ical or office work shall be
paid at less than the rate of :
(a) $1_5.00 per week inl anly city of over 500,000 population, or in
the immediate trade area of such city;
(b) $14.50 per week in any city of between 250,000 and 500,000
population, or in the immediaztef trade area of such city;
(c) $14.00 per week in any other place.
SEe.I:no 4. This Article establishes a minimum rate of pay which
shall apply, irrespective of whether an emnployee is actually comnpen-
salted- on a time-rate, piece wBork or other basis.
SECTION. 5. AL1n employer shall make pfaymecnt of all wages due
not otherwise than in lawful currency, or by negotiable check: therefore
payablel on demand. The employer or hnis agents shall accept no
reba~l~tte directly or indirectly on such payments. W~ag~es shall be
payable at least at the end of everyS twou week period and salaries
at least at the end of every month.
SECTION 6. T~he amounts by which. hourly wage rates in the higher
paid c~lawes of employees exceeded wages in the lower palid classes
of employees in effect on the effective date of this Code, shall be at
least maintained where equitable, ha.vingr in view the the~n xisnt~ing
dliffer~entin1s in hoJurly5 wage rates.
AQRTICLIE ITT- ENERAL LtABOR PROVISIONS
SECTION 1. No person under sixteen (16) years of age shall be
employed in the Industry. No person. under eighteenl (18) y~ear~s
of a~e, shall be employed at operations or occupations- which are
hazardous in nature or dangerous to health. Thne Codle Authlorityr
shall submit to the Administrator for review thirty day)s after
.the effective date of this Code a list of such op~erationls or occupa-
ti~n~.. In any state an employer shall be deemed to hav~e complied
with this pr~ovision as to age if he shall have on file a certificate
or permit duly signed by thne authority in such state em~poweredl to
:issuet em~ploymecnt or age certificates or permits showing that the
employee is of the required age.
SrEcnTos 2. Standar~ds as to the maximuum hours of labor, mnini-
mum ra~tes of pay, and such other c-onditions of emplloyment as may
be nelcessary to effectuate thne policies of Title I of the Act may be
et~sablished for any area by miutunl agrreemenits between employers
and emnployees arrived at and approved pursuant to t~he provisions
of Section 7 (b) of the AIct, pro~videdi that thle wage alnd hour pr~o-
visions of such, agbreemecnts shall not be less favorab`ll e to, employees
than the w~age, hour and other labor p~rovisions estab~li.-held m thnis
SECTION 3. (a) emnployees shall hlave the righ~lt to organnize andI
bargain collectively thog ersnaie fteroncosn,
andshal b fre rom the~ inter~fer~enrce restraint, or cor~c~ion of
emlployer~s of labor, or their parents, in the deignal;tion of such
representatives or in self-organization or in othe1 ~lr cnceted activ'i-
ties ftor the plr~pose of collective bat~rgaining~ or other mu11;117tul id
(b) No emp loye, and no one seeklinglr employmentll shall be' rc-
quired as a condition of employment to j~oin any comllpanry union or
t0 re Paln ITOm. jolnlng, or aniZIng, Or ass;isting~ a 101300,1 or aniZnitioni
of his own choosing.
(c) Employer~s shall comp~lly with the m~aximnum hrours~ of Inlbor,
minimum rates of pay anid other conditions of emprloyment approvedct
or describedd by the President.
~ECTIoxS 4. No employer shall reclassify empllloyeest or dultie~s of
occupations performed or engage in. any other sub.ter~fuge for thea
purpose of deferating rthe purposes or plrovisions of the! Act or of
SEC:TION 5. Every employer shall provide for the safety and2
health of employ-ees during the hours and at the p~laccs of thleir
Standarlds for safety and health shall be Submllitted1 byr the codeo
authority to the Administrator within six months after. the? e-ffective
date of the codec.
SECTION 6j. No prTovisionls in this Code shall superrsedc~e any State,
Federn1 or local lawv wFhich imnposes more stringent reqcuirementsnt on
employers as to age of emplloyees, wagles, hours of work, or as to
safety, health, or san-itary conditions, or insurance, or fire ~r~otctionl,
orP general w~r~kingr conditions, than. are imposed~ by! this Code.
SECTIONr 7. All employers shall post copies of this Code in necord~i-
ance to such rules and regullations as the Adcministratorc, I may
SECTION 8. (a) Emnployeess other thasn maintenance or supervisory
mien, or those necessary to protect property, shall not be requliredl, as
a conditions of employment, to live in homes rentedl from the
(b) N~o employee shall be required, as a condlitioni of emprloyment,
to trade at a store owned by or specifiedl by an employer, or his lagent.
SECTION 9. W'hen any employer is obliged by thle terms11 of an.
Igrreement made prior to June 16, 1933, which is still in full force
and effect under which he is legally bound to employ wTor~kers for
other hours per day or p~er week or to pay them other w~ags than
those provided in this Code, and which he is unai~ble to revise b~y
mutual consent, the requirement of such an agreement may be ob-
r~erved notwithstandling any conflicting requirements of t.his Code.
SECTION 10. No member of this Industry shall contract any work
within this Indlustry to anyone subject to less stringent co~nditions
as to hours of labor aind rates of pay thann those imnposed by thiis
5708PQ~- 544l~-- 4-34- -2
SECTION 11. An emp~lloyer shall so admlinister work in his charge
as to prov'idec the maximum pr~actic-able continuity of ePmployvment for
Ar-rICT(LE V--, DM rsINSTRATION
SECTION 1. Ollra~larni~oni. and Constitutionz of Go0de Austhority.--A
Code Authority is hereb'ty constituted to administer the p~rovisions
of this Code, and shall rconsist of seven (7) members to be selected
(a) Four (4) members, two (2) of whom shall be non-pro-
ducetr~s and members of the Association and two (2) of w~homl shall
be "L prodlucers' and members of the National Association of AIlarble
Producers and the Association. One (1) of these four (4) mnem-
bers shall be the President of the A~ssociation. TLhe members (ex-
cept the President of the Association) who are producers shall be
elected by the Board of Directors of the N~ational Assoc~iation of
Mn rlble P~roducers, and the members exceptp h rsieto h
Association) who are non-produ~ccers shall be eleted byth Boardh
of Directors of the Association. These members shall serve until
the nexrt annual meetings of the Aissociation, and their succersors
shall be elected in the same manner.
(b) One member to be elected by a majority vote of the members
of the Industry within the MIetropolitan District of the City of New
York (which shall include Greater N;ew Yorkz, Long I[slandl and
the terr~itory3 within twenty-five (25) miles from the p-rlesent NewF
IYorkr City line) at a meeting, the time and place of which shall be
lesigrnat~ed by the Secretary of the Marble Industry Employlers Asso-
ciation of New Yorkz and Vicinity. Notice of said meeting shall be
sent; by said Secretary within ten days after the effective dlate of the
Code by registered mail to all known members of the Industry
within this area as defined above, and shall specifically state that
voting at the meeting may be in person or by proxy.o hemmbr
(c) One mnembr to be elected byr a majority~ vtefte ebr
of the Industry within the Pacific Coast area (which shall include
the States of California, Oregon, Washington, Idaho~, Nevada,
Uitah and Arizona) at a meeting, the time and place of which shall
be d'esirrnatedl by the Secretary of the Association or other party
authorized. Notice of said meeting shall be sent by the Secr~etary
or other authorized party within ten. (10) days after the effective
daRte of the Codep by reristeredl mail to all known members of the
Inldustry within the above defined area, and shall specifically st.at.e
that voting at the meeting may be by person or by proxy2.
(d) One member who shall be a member of the Industry but not
a member of either the Assoc~iation or the National Associat.ion of
Marble Producers, or located in either of the two above specifiedc
regions, to be elected by a majority vote of the other six members
of the Code Ault'hr~ity and to serve until 'such3 time as t~he non-
members of said Assrciation shall, pursu~ant to a method of election
satisfar~ ctry to the Ad!'ministr~ator, elect his suc-essor.
(e) The members of the Code Authority, except the members as
sob-e~ctedl in Section 1 (a), sharll serve for a period of one. year, or
until their lr''Se~cssor are ele~~ctd. Upon any vacancy occurring mn
th~e Code Authority, the~ vacancy shall be filledl by an election byv the
remaining members of the Code Authority, which, how\ever, shall
maintain the representation as to prod~ucer. non-prodlucers and
areas as set out in (a), (b), (c) and (d~) of Secction 1.
(f) In addition to membrship as above provided, there mlay be~
three members, without' vote, to be kinown as Adlministration members
to be, appointed by the .Administrator to serve for suchi terms1 as he
SEOTrION 2. The inatlonal Asso~cciationr of Marble Decalers or any
other trade association that may dlirctly or indirectly particIpat~e in
the selection or activities of the Code Authority shall (1) impose no
inequitable restrictions on m~embers~hip, and- (2) submit through the
Code Authority to the. Administrator, copies of its articles of as-o-
ciation, by-laws regulations, and azny amendments wh~en made there-
to, together with1 such other information as to membel~rship, organi-
zation, and activities as the Adlministr~ator maly- deemrn necessary to
effectuate th~e purposes of thre ALct.
SECTION 3. In Order that the Code A~iuthorify shall at all times be
truly representative of the Industry and in other respects co~mply
with the provisions of tthe Ac~t, the Adcministr~ator mayr pro~vidt su~ch
bearings as he may deeml proper; and thereaff~er if he shall find that
the Code Authority is not truly~ representative or does not in other
respects comply wIcithl the provisions of the ALct, mafy. requlire an1
appropriate modification in the. method of selection of thie Code
SECTION 4. N~othinga contained in this Code shall constitute the
members of thle Code Authlority partners for any purpose. No mnem-
ber of t~he Code Authority shall be liable in any manner to anyone
for any act of any~ other members, officel'lrcn, ag nt r emnploe of th
Code Authority. Nor shall any member of such Code Authority,
exercising reasonable diligence in the conduct of his duties hereunder,
be liable to anyone for any action or ommission to. act: under this
Code, except for his own wilful misfeasance or nonfeasance.
SECTION 5. (1) It being found necessary to support the Adminis--
tration of this Code, in order to effect~uate the po~licy of the Act alnd
to maintain the standards of fair competition established hiereundler,
the Code Authority is authorized:
(a) To incur such reasonable obligations as aIre necessary and
proper for~ t~he foP~regoin purposes and to melett suchl obligafion1s out
of funds which shall be held in trust for the pu~rposes o~f the Cod~e
and raised as hereinafter provided;
(b) To submit to the Administrator for his applroval, subject to
such notice and opportunity to be heard as he may~ deeml necessary:
(1) An itemize~pd budge~t. of its esitimated- epel~nses folr the foregomgin
purposes, and (2) An equitable basis upon whichi the funds neces-
sary to support such budget shall be contributed by all members of
the Industry entitled to the benefits accruing from the maintenance
of such standards, and thie administration thereof;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine andi collect equitable con-
tributions as above set forth, and to that end, if necessary, to institute
legal proceedings therefore in its own name.
(2) Each member of the trade/ ind~ust.ry shall be liable for his or its
equitable contribution to the expenses of th~e maintenance of the Code
Authority as hereinab~ove provided. Only members of t~he tr~ade/in-
dustry compnlllying with~ the Code end mnakmng such contribution shall
be entitledl to participate in the selection of the members of the Code
Authority or to receive the bcne~fits of its voluntary activities or to
make use of any NLJ.R.A. insignia.
SECTION 6. In addition to the p~ower1s and duties elsewhere p~rovided
her~ein~ the Code Authorityit S shall have the following powers and duties
to the extent permlit tod byT the ~Act:
(a) to adopt By-L~aws and rules and regulattions for its procedlure
and for the n dminilsitrat ion~ and enforcement of the Code, subject t.o
such rules and regulations as the APdministrattor may prescribe.
(b) to appoint a Commissioner who shall serve as its Ag~ent..
Said Comlmissioner shall have such authority and pe~rfor~m such
duties as herein set forth, and as the Code Authority may fr~om time
to time delegate to him; but nothing contained~ ]herein shall relieve
the Code Authority of its duties and responsibilities.
(c) to establish regional divisions and designate atppropr~int.e agen-
cies or the adIcniristration of this Code in each such dlivisionl, and
delegalte to such agencies all necessary: power and authority, not in-
consistent ~with the power and authority granted the Codet Author~ity
under this code, for the administration of the Code in such dlivisions,
provided that such agencies shall comply with the provisions of this
Code and of the Act and provided, further th~at the Code Authority
shall reserve the power and duty to provide for comlpliance writhl t.he
provisions of this Code in such regional divisions;
(d) to obtain from. mlemnbers of the I~ndustry for the use of the
Code Aluthority- for the Administra~tor in the admlinistrat~ion and en-
forcement of the Code, and for the information of the Pr~esident,
such periodical reports as may be necessary to advise it adlequately onl
all matters connected with the administration. of the Code. All in-
dividual reports shall be kept confidential anrd only general sum-
m~aries thereof mayT be published, except when neces~sary to inv~esti-
gate or enforce violations of this Code;
(e) under such rules and regulations as mayT be pr~escrib~ed or ap-
proved by the Aidministrator, to receive? complaints of violations of
this Code, make, investigations and seek: adjustmcnt~s thereof inl ac-
cordance with the requirements of this Code, and bringr to thle atten-
tion of the Administrator for prosecution, recomnmenda~tions and
informationn relative to unladjusted violations;
(f) to appoint a trade practice committee which shall mecet wit.h~
the trade practice commlrittees appointed under such other codets as
mnay be related to the industry for the purpose of formnulat~ing
fair trade prac~tices to govern the relationships between pr1odluction
and distribution. empl-loyers under this code anrd under such others
to the endl that such fair trade practices may be proposed t.o the
Admtinistratorl as amendments to this code and such others codes;
(g) to create the necessary agrencies of employers to conduct,
nego~ct iat ions between truly repr~esellnttive grroups of employers and
employees: covecringr wages, hours of labor, and conditions of
()to co-o~perate with the Aidministratopr in regulat~ing the use
of the N.R.A. Insignia solely by those. employers who have assented
to, and are complying with~, this Code;
(i) to recommend to the Administrator fuzrther fa~ir trade prac-
tice provisions to govern thle members of he: Industry ini their rela1-
tions w~ith each1 other, or with other Indu~str~ies, and to rconun~llenld
to the Admiinistrator maeasuresi for Industr~ial Planningii, inc~lud~ing
stabilization of employment;
(j) t~o initiate, consider and make reconunelndationls to thle Ad-
mlinistrator for the mlodific-ation or amnendmnent of this Colde, wlhich
recommnendationsi, after such notice and h~earinlg as the A<1m~inis-
trator may prescribe and upon his app~lroval, shalll become effective:
as provisions of this Code.
GENERAL ADMINISTRATIVE 1ROISIONS0h'
SE~CTIN 7. Thie Code Authority shall1 app~oint, w~ithlin tern (10)?
days after the effective date of this Codle, a contmit~t.ee of ~ember
of the Indust~r whose duties it shall be to .secur~e fromn all knowrn
marble contractors and Memclbers of the Inmdustry by ques"tionnaire
and/or other means information. as to the adv~isab~ilit.y of all Memllberrs
of thle Indlustry establishing an opern price system on all kinds of
finished marble produced and/or finishled by them; and, further, to
report within 90) days its findings and reconmmendationsn to the
Adlministra~tor for the purpose of determining whetlherr such~ op~en
price systems on finishned marble shall be estab~lishled.
The report of the findings andl recommllen dationsn of said coinniittee
shall be based on the information receivedl from MIember~s of the
Industry with respect to, and taking into consideration the reilation1
between th~e number of replies received from both marble conltrue-
tors andi M~embers of the Inldustry and the volume of sales of finished
marlble by those replying~ to said lue-stionnair~e or orthe~r form of
If after consultation between thie Code Authority andi the Ad-
ministrator it. is mutually agreed thiat such an openl price sys~temn
shall be established, the Code Aunthority shall within a period of
time. sp~ecifiedl by the Administrator, present a plan for its establishi-
ment to the Admninistrator for his appr~oval or disappr~oval.
SECTION 8. In 8816100n t0 IllfOrmailon r~equiredl to be submitted
to this code authority, all or any of the pers~ons subject to this code
shall furnish such statistical information as the Admliinistrator may
deem necessary~ to the purposes; recited in section 3 (a) of said act to
such Federal and State agencies as the Adlministrato~r may designate;
nor shall anything in this code relieve any perscon of any existing
obligation to furnish reports to G~overnme'nt agencies.
SECTION 9. If thle Administrator shall d~etermiine thant any action
of a Code Authority or any agency thereof may3 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 wFhich sh~all not be effective
unless the Admlinistrator approves or unless he shall fail to dlisap-
prove after thirty dlays' notice to himr of intention to proceeds with
such action in its original or mlodified form.,
ARTIrCLEr VI-TRADE PRACTICES
The followingP practices constitute unfair metho-ds of competition
for members of the Industry, and are prohibited:
SECTION 1. Maliciously inducing or atttemnpting to induce the
breach of existing contracts between competitors and their custom-
ers by any false or deceptive means whatsoever, or interfering with
or obstructing the performance of any such contractual duties or
services by any such means.
SECTION- SZ. The making or causing or permitting to be made or
published any false, untrue or deceptive treatment by way of adlver-
tisement or otherwise, concerning the grade, quality, quantity, sub-
stance, character, nature, origin, size or preparation, of any~ product
of the Industry, having the tendency and capacity to mislead or
deceive customers, purchasers or prospective purchasers or the tend-
ency to injuriously affect the business of competitors.
rSECTION. 3. NO member of the industry shall secretly directly offer
or make any payment or allowance of a rebate, refund, commission,
credit, unearned discount or excess allowance, whether in the form.
of money or otherwise, nor shall a member of the industry secretly
offer or extend to any customer anyr special service or privilege not
extended to all customers of the same class, for the purpose of
influencing a sale.
SECTION 4. Securing information. from competitors concerning
their businesses by false or misleading statements or representations
or by false impersonations of one in authority.
SECTION 5. Deviation from the published schedules of prices as
provided for ini Section 5 of Article VII.
(Subdivision "L B "))
The following practices shall apply only to the sale of finished or
semi-finished interior marble, but the violation thereof shall also
constitute an unfair method of competition and is prohibited:
SECTION 1. All persons engaged in the Industry shall use such
standard form of contract as m~ay be approved by thne Code Author-
ity, atnd by the Administrator after such notice and hearing as he
m~ay specify, which form of contract shall protect the rights of both
buyers and sellers and, after approval by thne Aldministrator shall
have the effect or provisions of this Code except that it shall not
(a) United States, State or Municipal contracts, where a different
form is required byT lawt, regulation. or ordinance; or
(b) Case~s where the estimate is made and the order is placed on
the basis of a definite schedule of materials.
SECTION 2. (a) TIhere shall be no disclosure of competitive bids,
or m~isleading or deceiving as to the amor-unt, or conditions of com-
p~etitive bids, and no bid peddllling or bid trading, and no mnisreprec-
sentations as to prices by mnemlbers of the industry.
(b) ~All bidders on a competitive job shall submit their bona fide
and final bids in the first instance and no cha~ngets shall be ma~zde by
anyl bidders except those due to figuringi changes in plans and sp~eci-
ficat~ions as providled in Section 11 followingr; andl in figuring such
changes, including separation of bidls on different par~ts of the work,
the same basis of unit prices and the same allowance for over~head
andl profit shall be used as those upon which thie original bidl was
SECTIO.N 3. Limliting Amlount. Thle provisions inl Sections 4 to 141
inclusive of this Article shall apply only to quotations amounting to
one thousand dollars ($1000.00) or more, f .o.b. plants.
SECTION 4. Definite Closing Date. (a) Wrhen a d~efinite closing
date, t~he day andl the hour, after which no more bids wcill be re-
ceived, has been set by the party requestingr the bids, and the p~lanls
and specifications or the request for bids, fully identify the buildting
for which the marble work Is intended;
(b) Everyone invited to bid must immediately notify the Co~m-
minssloner, by wire if neessar, of thie closing date namnedl. If dit-
ferent closing dates are named, the Conunissio~ner shall notify, all
proposmg, to bid to w-ithhold their bids and not to submit themn
until a single definite closing date has been established`. A1po
posinge to hid are t~then required to notify the party r~equesting thle
bids that. they will submit their bids only in case a single definite
closing date is established;
(c) E;:veryr bidder on. a, job shallZ prepare a carb~on copy of his bid
andl send it to the Commnissioner. This copy mulst be a true carblon
copyr of the actual bid and shall also contain a list of th names of
all parties to whom~ it has been submitted;
(d) The copy for the Commssioner shall be maniledl on the dlay be-
fore the closing date, and, in cases where strict compliance with this
rule is impossible, all the essential facts and the amount of the bid
shall be filed in thec t~elerrap'h officee for trannsmlission byr wire to the
Commissioner on the day~ before the closing date. Inm anyJ case, copies
shall be sent. to the Commnissioner by mail, and whether sent on thle
day before or not, be inclosed in an envelope which plainly indlicates
thlat. they are bidls on thle particular job. The Comnmissioner shall
not, open them until the day after th~e closing dante;
(e) In case a closing date is changed by t~he psarty requestingi bidls,
everyone learning of it shall immediately notify th~e Commiissioner,
by telegraph or telephone, if necessary, and he sha~ll immediately
notify all prospective bidders by telegraph or telephone, if necessary.
SECTION 5. Invitation to Bid. Anyone: invited to submit ta formally
bid lokely to amount to one thousand dollars ($1000.00) or more,
f.o.b. plant, or anyone proposing to submijt a bidl without invitation,
shall immediately report the fact to the Commissioner, giving the
name of the building, and marble con~tractor, and shall state whether
he proposes to comnply withl the request or not.. He shall also report
the closing date, if any, established by the party requesting the bid.,
No bid shall be made by anyone on a. set of plans or specifications or
other information, which does not completely ide~ntify the buiildning
SECTION 6. Non-competitive Bids. (a) Anyone submitting in writ-
ing what he understands to be a non-comnpetitive bid, shall forward
a carbon copy thereof to t.he Commissioner, together with the name
of the party to whom submitted, and a statement that thle bid is
non-competiti ve. Should no other bids on thle same job be received,
the Commissioner shall keep the whole matter confidential, but
should other bids on thne same job be received, the Commissioner
shall notify all the! bidders of the facts, and th~e matter shall be
treatedtt as a case of competitive bidding;
(b) A-1 continuous non-competitivre negotiation, culrminating in the
definite award of a contract, is not subject to the requirements of
th-e foregoingr paragrraphn (a), but the facts of the award and the
amount of the contract must be reported. to the Commissioner.
SECTION 7. Insuring Bona Fide Competition. Prior to the closing
date, the Comm~issioner will withhold from all persons whatsoever
any information as to the actual or prospective bidders on any job.
SECTONv 8. Distr~ibution of Bids to Bidders. The Commissionler
shall prepare a schedule of all the bids received on any competitive
job, showjping amounts of bids, names of bidders, and names of those
to whom each bid has been submitted. This information shall be:
complete in. all details, including amounts named on all alternates.
On the dayT after the closing date, or as soon thereafter as possible,
a copy of this schedule shall be mailed to e-very bidder who hnas
complied with the Rules for Bidding contained in this subdivision
" B", and to no one else. This information shall not be given to
anyone who is not one of the bidders, nor to any other person, except
the bidders described.
SECTION 9. Certain. Alternative Bids not to be disclosed. When
a bidder submits an alternative bid and no other alternative bid is
submitted on thne same material, the facts of th~e submission of this
bid and the name of the bidder shall be disclosed to the other bidders,
but the amount thereof shall not be disclosed. This alternative bid
shall be treated in the same way as a single bid as provided in
SECTION 10. A single Bid does not constituted Competition. Where
competitive bids are asked for and only one is received, there is no
competition, and if the party requesting the! bids, asks for additional
ones, additional bids may be submitted on a, new closing date, as
though no bidding had occurred.
SECT`ION 11. Accepting Contracts after Competitive Bidding. (a)
At any time after the closing date, anly bidder is free to accept a
contract for the marble work concerned on, the basis of his bid as
submitted. All bidders are free to give the person who has the
letting of the contract figures for omissions, additions and changes,
all, however, to be figured on the same basis as that used in p~reparmng
their bids. If a contract is awarded on a competitive job after
negotiations of this sort, or on the basis of an alternative bid not.
disclosed, the bidder receiving the contract must immediately report
the facts to the: Commissioner and must certify that changes hav~e
been figured on the same basis as his bid.
(b) If no changes have been made, and the contract is awardled
at the total amount of one of the bids, thne sulccesisful bidder shall
immediately report the facts to the Commissioner. ALfter thle m~arble
workr has been awarded, the successful bidder shall send a certified
copy of the: contract, or purchase order, to the Commnissioner.
~SECTION. 12. Reporting award of Cont~ract to Biddler~s. After the
contract on any job has been awarded, the Co~nuniss-ioner shall report
to all the bidders, all the essential facts pertaining thiereto, andi
shall then disclose to the bidders, the amounts of any alternative
bids previously kept confdential in accordance with Scin9o
SECTION 13. Bidders may state in their bids the time limit after
the closing dlate within which the bid must be no:tedl upon, and1 no
biddler shall withdlraw his bid during sulch time lim~it. In case no
s~uch time limit is stated within the gid, no biddter shall writhdlrawF
his bid for a period of 30 days after the closing date.
SECTION 14. NeW Elidding On Revised Plans,Spcfctoso
Schedules. Except as providedl in Section 11,bismyntb
submitted on th~e same plans, specifications or sched-ules, aftr the
closing e date, and after a set of competitive bidls has been sulbmitted,
but if- bids are rejected, and :new bids invitedl on revised plans,
specifications or schedules, the. following provisions shall apply
with respect. to the submission of bids by members of the Industry:
(a) If the revPisions are in qiuantity of marble only, and the total
change does not amount to more than tw~enty five per cent (25%~rc)
of the total quantity- of marble originally called for, no mnember of
the industry who did not submit a bid on the original plans andl
specifications or schedules shall bid upon such r~evisedl plans and
specifications or schedules.
(b) If the revisions involved changes in the kind of marble only
and such revisionss do not involve changing m~ore than twenty five
per cent (259~-) of t~he quantityT originally called for, no member of
the industry w~ho did not submit a bid on the original plans and
specifications or sch~edlules shall bidt upon such revilsed plans and
specifications or schedules.
(c) If quantities are changed, and the kTinds of marble are also
changed, if the sum of such changes does not amount to more than
twenty five per cent (25%0) of the quantity of marble originally
called for, no member of t~he industry whoe did not submllit a, bid on
theorigina plans and speci~~rifications or scheedules shall bid upon such
revied lansandspecfictions or schledules.
(d) When bids are subjmittedl on revised plans, specifications or
schedules involving changes in the, kind of marble, if a kinld of
marble called for in the plans and specifications or schedules pre-
viously bid upon is includled in the revised plans and specifications
or schedlules as an alternate, without changes ini quantities thereof
amounting to twenty-five per cenit (25Sr) or more, no member of th~e
industry who did not su bmit a bid on su~ch kindl of marble in the
original plans and~ specifications or schedules shall submit a bid on
such kind of marble so included in the revisedl plans and specifica-
tions or schedules as an alternate, providled that this rule shall not
apply unless the description contained in the original plans andi spec-
ifications or schedules of the marble in question is specific as toi grade.
A more general specification of a marble from a given locality,
where. a number of grades andi kinds are produced, shall not be
sufficient to make this rule operative.
SECTION 15. All members of the Industry shall, whren called upo
by the Commissioner or by the C~od-e Authority, cooperate with the
Commissioner or the Code Authority, to t~he end that the Rules for
Fair Competition may fairly and effectively be adlminist~eredl.
SECTION 16. The rules contained in this subdlivision "C B "f may be
suspended or modified, in whole or in part, by the Administrator
after notice and hearing granted to the Code Authority, if he shall
be satisfied that such, rules are not effectuating the policy of the Act.
ARI~TICLE VII--COST DETERMIINATION
SECTION 1. The Code Authority shall cause to be formulated an
accounting system and methods of cost finding and/or estimating
capable of use by all members of thne industry. After such. system
and methods have been formulated and approved by the Adminis-
trator, full details concerning them shall be made available to all"
members. Thereafter all members shall deteri nei l and/or estimate
costs in accordance with the principles of such methods.
SECTION 2. A member of the Industry shall not sell or offer to sell
labor, materials and/or services, or submit a bid or accept an order
or contract, below the allowable cost thereof.
SECTIION. 3. The Code Authority, with, the approval of the A~dmin-
istrator, shall determine wcPhich items of cost shall be included in,
and a method and/or formula for the determination of, allowable
SECTION 4. Untill SUC1 ltime as such items and method and/or for-
mula shall have been determined and approved as provided in Sec-
tion 3 of this ~Article and allowable cost defined, allowable cost shall
be the sum of the following items:
(A) Materials, including cost of transportation;
(CB)~ Labor, Supervision and Supplies, for
d) P lising ;Poihn
(f) M/achine work and cutting;
(g) Boxing and packing;
(i) Power, light and heat;
( j) Water supplies;
(k) 1Maintenance and repairs;
(1) Drafting and estimating;
(D) Breakage and replacements of Material;
(E) AllowFpance of ten per cent (10%r) of the sum of A, B3, C and
D), as above, for overhead, selling and adminis-trative expense.
SECTION 5. Flior the purpose of determining the allowable cost of
a finished job, whether ~f.o.b., delivered, or set in place, allowa~rble
cost shall be determined as provided in Section 4 of this Article,
except that each person, if a producer, shall use as thne basis for cost
of material which he himself produces, to be finished for such finished
job, his individual published market price therefore her~einafter pro-
vided for, and except that each person not a producer shall use as
the basis for cost of material to be finished for such finished job t.he
cost price actually paid by such. person. for such material. 1Each
producer shall wiithin thirty (30) days after the effective date file
with the Code Authority and make available to the members of the
Indlustryr and to purchase~rs and prospective pu~rchasers a sched~cule
of prices for the var1ious types aIndl clusi fi rntions of block~s, slabsi,
andc sinbs> cop~ed to size p~rodlucedl by him, which sc~hedulle of prices
shall remlain in effect until channges there~cin have been filed with the
Code Authority. Revised schedlesl~l of prices may be filed~ frontll timea
to timle thereafter, with the Code Authority by any producer,~c~. to
become eff'ect~ive up~on a
dlays in advance of the effective d~ate, unless the Code Aulthorlity shall
authorize a shorter perliod. Copies of such revi edc ched~tules of
pr'ices with novtice of the effective dante speccifiedc, shanll be madetl a~vail-
able to, the membXerss of the Indulstry immeirdiately and shall like-
wise be availab~le to any purchaser or prospcPt ive pul"crchaser."a
SECTION 1. This Code and1. all prov\isions th~ereof are exreslyrc~l
mnade subjcct, to the right of the Presidetnt., in acc~orda~n( with1 thne
provisions of sub-sect~ion (b) of Sec~tio~n 10 of the National Indlus-
trial Ricovery Act from time to time to cancel or modify any ord~er,
aIppr'oval, license, r~ule or regulation issuedl unlder Title I o-f the said
Act and specifically but without limnitationl to thle r~ight of the Pres-
idlent. to cancel or mnodify his approva\'l o~f any~ prolision o~f thiis C'ode
or anyr conditions imiposedl by~ him upon hiis app~ova l thieretof.
SECTION 2. This Code ercept. us to the provisions requiredl by the
Act, may~ be modlified- on the basisj of experience or changes in cir-
cumstances, such mnod~ifications to b~e basedi uponi applliention to the
Admininistr~ator andc such not ice a7nl hea ring as he shall speci fyy a nd
to become effective on approval by the Adlministrator..
ARTICLE 11-- 1NOP~OLlES
No provision of this Codle shall be~ so construedl or applied as to
permiit or p-romnote monopoly or monopolistic practices, or to ehimi-
note, oppress or discriminate against small enterprises.
ARTICLE X--EFFEC'TIVE DATE
This Code shall become effective on the second Mndcn:ay after its
approval by the President.
Approvedl Code No. 4121.
Registry No. 1023-28.
See paragraph 2 of order approving this Code.
UNIVERSITY OF FLORIDA
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