NATIONAL RECOVERY ADMINISTRATION
C ODE OF FAIR C OM PET I TION
CLAY AND SHALE ROOFING
Pin rsal by the SuperideadentL of Doculments, Washingone D.C. I Price 5 cents
Approved Code No. 389
Registry No. 1036--1--02
AS APPROVED ON APRIL 6, 1934
WE DO OUR PART
GOVERNMENT PRINTING OFFICE
This publication is for sale by the Superintendent of Documents, Governmenzt
Printing Offce, Washington, D.C., and by district ounces of the Bureau of For-
eign 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 Comnmerce ~Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North W~ells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jazcksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimaore Avenue.
Los Angeles, Calif.: 1163 South. Broadway.
Louisville, K~y.: 4,08 Federal Building.
Mlemphis, T'enn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
Niew York, N. Y.: 734 Customhouse.
Norfolk, Va.: 406 Eatst Plume Str~eet.
Philadelphia, Pa.: 422' Commercial Trust Building.
Pittsburgh, Pa.: Chamlber of Commerce Bulildling.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhoulse.
Seatttle, WaVsh.: Enu FEederal Office Building.
Approved Code! No. 389
COD)E O1F' FAIR COMPETITION
CLIAY AND SHIIA IX OOFING TILE: PINDUSTIRY
APs Approved onr April 6, 1934
A~renovzsc CODE OF FAIR COMPETITION FOR THE CLAYP AN\D SHALE
RoortwoC TI\LE ThNDUSTRY
AnLm application having been duly made purs~unln to and in full
compliance with the p~rovisions of Title I of the National Industrial
Recovery Ac14t, applroved June 16, 19:33, for approval of a Code of
Fair Comp~etition for the Clay and Shale Roo~fing~r Tile I~ndustry, and
hearing having~ been dulyT held ther~eonl and the annexedclt rIeport. on
said Code, contaniningr findlings with respect thiereto. having been
made and directed to th~e Pres~ident:
N'OW, THEREFORE, on behalf of the President of the Unitedl
States, I, Hu~gh S. Johnson, Administ ratori for Inllustrial Recovery,
pursuannt to authority vested in. me by Exrecutive Orders of the
President, including Executiv~e Ordrer No. GIT413-AI, datedl Decembler
30, 193:3, andc otherw~ise; do hereby incorpora~t e by referencelc said
annexed report and do :find that said Code comphrs; in all r~espec~ts
with the pertinent provisions and will pr~omote the policy! and pur-
poses of said Title of said Act; and do hereby border that said Code
~fl Fair Comlpetition be and it is hereby alpprovred.
HUGH S. Jon~wsoN,
Administflufrao for Indutrial RFcove~try.
Approva~l recoimmended :
A. R. GuLSCY,
April 6, 1934.
S1 567 '----482-4 0-- 34
REPORT TO THE PRESIDENT
The WhLite HFouse.
SIR : This is a report on the Code of Fair Com prletition for the Clay
and Shale REoofingf Tile Industry as revised~ after aI public, hear~ingr
conduct(d in iiTnue.hingtonn D.C., on Januuary 1_9, 10:341, in. accordance
with the provisions of~ the National Industrial Recovery Act.
PROVISIONS AS TO WAGES AND H~ORS
All employesfc~ except persons employed in accounting, clerical,
office or sales work, or persons whose earning; capacity is limited~
because of age, physical or mlental handicap, shall be paid a mini-
mlum rate of forty cents per hour in all states except the following
where the minimum rates shall be: Washington, Oregon, I~daho,
California, Nevatda, Arizona and Newm M/exico, thirty-sev9en and one-
half cents per hour; Kentucky, thirty cents per hour; North Caro-
lina, twenty-seven cents per hour; Teunnessee, South Carolina, Geor-
gia, Alabama, Florida, Texas and Louisiana, twe~nty-five cents per
.hour. Persons employed in accounting, clerical, office or sales work
shal bepai attherate of not less than from fourteen to fifteen
dollars per wee~Ik, depending upon the population of the city or towOCn
in which they work. Persons whose earning capacity is limited
because of age, physical or mental hiandticap m~ayr be employed on
light work at a wage below the minimum established by this Code.
Femaunlel employees performing substantially the same work as male
employees shall receive the same rate of pay as male employees.
Equitable~1 adjustmllenlt of compensation of employees receiving more
than the minimum rates of pay shall be made by all employers who
have not heretofore made such adjustments, within sixty days after
approval of this Code.
Forty hours shall be the maximum number of workiing hours for
any one week or eight hours for any one day except that during any
three weeks in any six months' period, forty-eighlt hours per weekr
is p~ermfissible. The foregoing limitations shall not apply to those
engag-ed in executive, mnanagecrinI and supervisory capacities who
regu~larly receive thirty-fi~ve dollars or more per week, and outside
salesmlen; burner('1 and power plant employees whlo may be permittedl
to work not Imore than forty-eight hours in, any severe day peliriod;
night watchmen w~ho may be permitted to work: not more than twvelve
hours in anly one! day or forty-eight hours in. any one week, or eigh~t-
foulr hours in any two wveeks' perlioii; day wantchlmen who may be
permitted to work; eight hours in any one day or1 forty-eigaht hours
in any one week; employees engagedc- on emergency maintenance or
emerge~~t ncy! repair workr, provided one and one-half times the normal
rate of pay shall be paid for the hours worked in. excess of eight
hours per day or forty hours per week.
E(CONOMJIC: EFFECTS O1F THE CODE)L
Clay and shale roofing tile is ulsedl principally on recside~nce*,
sc~hoolS, ChIurches, recrecatlunal, publiC, and grove~l~7lrnmenta1l bulidingcs.
Roofingr tile comlpr~~cises oly about three pe~~rcent of all rooc.fing malte-
r~ial sold. Thle I~ndu~stry is highly .czseasonal an~d follows burildling~ (oI-
structioni v.er3 close~ly. Penkl bu~siniess oc~curs. during the recond~ and1r
third qua rter~s.
Production of ro~ofing tile r~eache~d a peaki in 1926 when the -vahue
of tile produlcedt was $7,0)15,755. Thlere hias beenr a steady dcrlen. e in
production until in. 1933 sales amnountced to only 15 p~e~c~ent of thle
1926 figure andl 26 percent of the 1929 production. In spite of the
dlecrease in production the number of memlber1s in the IndusltryS hlas
increased so that present clpac~ity is i22 percent above the 1928 figure.
Competition within thre Industry is extremely keen. Tradl e pl'racic~e
p'rovisions of the Code are expected to r~emedy the unfair colmpetition
that has existed in the past wi'thin~ the Industry.
Ac~cordlingr to thle Resear~ch and Planning Division's report there
wer~e, in 1929, one thousand four hundred and sixty-eight wag~e earn1-
ers employed by the Industry; in 19333, nine hundred and e~bighty-twvo.
I~n order to absorb all w~orler~s engaged in the I[ndustry in 1929, an
eighteen hour week: would be nece~ssary. Ovetr 90 percent of the
:members of the Industryr also operate under the approved code for
structural clay products.
Average hoursL wolrked pr5 week in 1929 werei fif~t~ly in 1933, twenty-
seven. I~n 1933, hours were redlucedt to a low level in orderl to spretad'
employment as far as possible. Ten percent, of the workers in the
lIndustry are unshrilled and will be affietel bly thle minilonuln waget
provisions of the Code. Labor costs undller the P'resident'-; RIeemploy-
mlent Agreeentn increased 18 per1cecnt. A further mnerease mn pur-
chasing power can be ex~pected as the result of the prov~l\ision~ in the
tCode stating there shall be an equitable adjulstmelnt of wngnes above
TIhe Assistantt DeputyT Adminristrator in his final re~por~t to me on
said Codle havingr found asj herleinl set forth and on the! belis of all
t~he proceedings in this ma~tter':
I find that:
(a) Sanid Code is well desigrnedr to promolc-te the ~orl~ici andi puI--
poses of Title I of the N~ational Indusrltral R~ecovery Act, including~
removlur of cobstr~uc.tionls to thre frece flow of inlter~tute andl forecignl
commerce whlich tend to diminillsh the amount thereof andT will pro-
vlide for thle ge~neral w~elfar~e by pr~omoting the organizatio n of jin-
dustry for thec purpose of cooperative nation among the tr~ade groups~,
by inducing andl maintainingr united actionl of Inbor and management
under adeq~uate governmentaln sanctions andi supleris~i i on, by elimiinat-
ing unfair competitive prlactices, by promotingi the fullest possible
utilization of thle prIesent productive enpacity of induistrieis. by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing thle consumption of industrial and agrricul-
tulral pmroducts~ through increasing pur~chasin gpwrbyrucn
and relieving unemployment, by imnproving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally emlploys not more than 50,000
employees; and is not AnI;1wified~ by me as a major industry.
(c) The Codle as alpproved(' c~ompllies in all respects with the perti-
nlent prov'lisions of saidl Tlit le of said Act, includI~ingl, without flmitatio~n
Sulbsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
sc~t ion, (b) of Section 10 ther~leof; and that the applirant, group is a n
i-ndus~trinl groupll truly retpresec~tnative of the aforesaid Indus~~try;' and
that said group imposes no inequritab.le Icar~ictions on admission to
(d) The Code is not de~signrled to undc wil8 not permit monopolies
or Monopolistic practices.
(e) The Code is not designed to and will noc-t elimninate or opp.re~s
small enterprises and will no~t operate to d~iscr~iminatea agaRinst them.
(f) T'hose engaged in other steps of the eclonlom~ic process have nl-t
b~ec-n deprived of the right to be heard prior to approval of said Codle.
For these reasons, thrlefore, I have approvedl this Code.
Huan~r S. Jo)INson,
A dm in istrat(for.
ArmsI 6, 1934.
CODJE OF" FA~IR COMPETITIONS~ ]FOR TH~E CL;A~Y AND
SHA~LE ROOFING TILE: INDUSTRY
To ieffectuate, the policies of Title I of the National ICndustrial1
R~c~overyS Act the followPing provisions are established as a, code
of fair competition for the Clay and Shale Rioofing T'ile Industry,
a nd shall be! the st rulda rd of fair competition for such .ind ust rS yand
shaull be biningii~ upon ev\er~y miemiber thetreof.
ARTICLE IT EFINITIONrS
1. The term Clay and Shale Rloofing Tile Ind~ustry "" or the
"CIndustrv") as used herein is dlefinled to mean the manufallrcture for
sale of clay and shale roofing tile.
2. The termn employeesee as used her~einl includ7es anly and all
p~ersons engagedl in thne Induistry, however compe-,nsatedl exceplt a
mlemnber of the Industryr.
3. Thle term "( employer as us~ed herein includes anyone by whomn
suchn emlloyee is compensated or employed.
4. Thle termn memnber of the Inrdustry includes, but without
Einutationl, anyi individual, partnrislupl, ussuonation,, corporation, or
oltherP form of entity e~ngaged~ in the Industry, either as an employer
or on his or its own behalf
5. Thle term "' rouofin~ c~on~trac.to~r as used herein shall mean~ll a
person, complian~y, or corpo~rationr or other enitity engagedl in con-
t~ractingr withr ownrlers, ownlers' agen~ts, or getnerall contra~ctors~ for
roofing ma~te~iall in place. on roofs to be installed~ by sktilled' tile
m~c~hamecs comlpensatedl on a regular hourly, daily or werekly basis.
6. TIhe terms "Pr'1esidtent."", '"Act"' and "AXdmimllstrator," as used
herecin shanll mnean. ret~spect\tivly, thle ]Presilenlt of the 1Unite~d States,
Title I of the National Indlustr~ial Rec~overy Act, and th~e Adimins-
trator for Indulstrial Rcovecry1 under said ~Act.
7. Thle "" Industry Committe e "" as ulsedl htrein is defined to mennl
the conuniiittee selected at a meeting of the Clay and Shale RorFring
Tile ml~lllanufactreri. heldl at. CIICago. Inll~ino, on1 July 12, 193;3.
8. Population for thle p~urpo~Ss of this Codle shall be deteiiirmind
by' refelrenlc.e to thle 1930 F~ed~ernl Censuls.
ARTTICLE I[I-11 `LoRS
SEC'TION i. NO employee, excludingr accouinting,. cler~ienI andc office
employees, shall be emnployedl in excess of forty (40) hiouris in any
one w~eek or eight (8) hours in any3 one dlay or more than, six (6i)
days in any one w~eek, except that during: any three (3) weeks inl
any six (6) months period employees mlay be employedl not more
than forty-eight (48) hours per week. Th]e foregoing limitationls
shall not apply to:
(a) ThoseL engaged in executive, mna:llgerial and supervisoryy
capacities wvho regulalrly- receive thirty-five (35) dollars or more
(b) Outsidie salesmen.
(c) Burner and power plant employees whio may be permrlitted
to workl~l no more than forty-eight (48) hours in any seven day
(d) Night watchmen. whok may be permitted to work not in
excess of twelve (12) hours in, any day or forty-eighlt (48) hours
in any wreek or eighty-four (84) hours in any two (2) weekl~s' period.
Day watchmen, who may be emlcployed not in excess of eight (8)
hours in any da~y or forty-eight (48) hours ini any weel~k. WaJtchl-
m~en shall not be permitted to w8ork more than six (6) days inr any
even~I (7) day period.
(e) Employees who are engagedt on emergency maintenance orl
emerge.~,rnlcy repair work involv-ing the breakdown, of machinery or
plant equipment or protection of life or property, provided, one
and one-half times the normal rate of pay shall be paid for hours
worked in ecesccs of the maximnum hours hereinbefore provided.
(f) No accounting, clerical or office em~plolyee shall be p~ermlitted
to work in excess of forty (40) hours per week.
SECTION 2. An employer shall so administer work in his charge
as to provide the mnaximum continuity of employment practicable for
SECTION 3. No employer shall knowingly pcrm~it, any employee to
work for anyT time which, wcphen totaled with that already performed
with another employer or employers, exceeds the maximum permitted
Ana~ILoz IV- VAGES~
SECTON N emloye shll e pid less than at the rate of
forty (40) cents per hour except in tefloigsae hr h
minimum rates shall be as followCs: W~~ashington, Oregaon, Idaho,
California, Nevadau, Arizona, and New MIexieo thirty-seven alnd
one-half (371;/2) cents; Ken~ltucky thirty (30) cents; North Caroliina
twenty-sevpen (27 cents; and in the follois-inlg states, Tennessee,
South Carolina, Georgia, Alabama, ]Florida, Texas, and Louisiana
twenty-five (25) cents per hour. T'he minimum. wag~e shall apply
to common Inhor or totally unskilled labor. O~ther classes of labor
shall be compensated at rates above the minimum.
SECTION 2L. No person cem-ployed in accounting, clerical, offce, or
salesI work shall be paid less than the rate of fifteen ($15.00) dollars
p~er weekz in anly city of 500,000 population or m~ore, or in the imm~e-
diate trade area of such city~; nor less than, at the rate of fourteen
dollars and fifty cents ($14.50) per week in any city of between
250,000 and 500,000 population, or in the immediate trade area of
rluchl city; nor less than at thre rate of fourteen ($14.00) dolla rs per
w\eekl in any- city- or town of less than 250,000 population.
SCECTION 3. This article establishes a mlinimulm rate of pay regard-
less of whether an, employee is compensatedl on a time rate, piece-
work or other basis.
SECTION 4. Female employees performing substantiallyg the same
work as male employees shall receive the same rate of pay as
maile employees and wh~ere. they displace men, they shall receive the
same ralte of earnings as the mnen they displace. Thle Code Authtority
shl;ll within ninelty days after the cff'ec~tivc da~te of this Code file with
SEcTION_ 5. Equ~itab~le adljustmeni t of complens~at ion of emplloyees
receivingr mor~e thanll the mninimumln rantes of pay herein plresicribedr
shall be madeclc by3 all emloyer,! cls whlo hav~e nlot he~retofore made suchl
~adjustments andl all employers sha:lll w-ith~in sixty (60) days after
approval of this Co~de, report in full to the Code Au~th~ority con-
such~ approval; p~~~rovided, however, that in no event salnlI hourlyll ratles
ofF pay be redcedc~~r.
SjECTION 6. A pler.sonl whose learning capacity is limited be~cause of
age, physical or miental h~andical,, or other Ii~nfirity,, may bet em-
ployedt onI lighlt wPork at a wng1e below, the mliinimuml estalbli hedd by
this Codi'e, if t-he employer obbt;ins froml thle State Authority, dersig-
notedl by the United States D~epajrtmelnt of Lab~or, a ce~rtifkante au-
thorizingF such person's employment at such wages andc for such hours
as shall be stated~l in thle cer~tificate~. Such auth~lority shall be guLidled
by thie instructions of the Unitetd States D~epartment of L~abor in
issuing cer~tificates~ to sulch persons. Eachl empllloyer shall file mon~thl~y
w~ith thle Code Authorit~y a list of all such persons emlployed by hrim,
shnowring the wages paid to, and thre mlaximnum hours of work for such
SECTIrONu 7. AgV~eS shall be exemplt from anly dleductions for pen-
sions, insuralne, or sick benefit other thanl those voluntarly~l paid
by the -age. learners or required by law.
AwaTsu V----GENERIL Lxeon Pao\.ISIOxs
SECTION 1. NO peson under sixteen years of age sh-all be emp1-loy!ed
in the~ Indust~ry or anyone under eighlteen y'ears of age: at ope~ratio.ns
or occupations hazardous in nature or detrimental to health. The
Clodle AutfhoritY cshall submit to thle A~dminiistrato~I r ithlin jSixy (60))
dlays after. th~e appr>~ova~l of this Cod-e a list of suich operations or
occrupa t ions. I~n. rlany State anl emloyelrr shall be deemedl to have
comp'liedl with this pr~ovisionl if he shall1 have on file a rcertificat e
duly issued by the authlor~ity emnpow~ered to issue emnploymeicn t certifi-
cates, show\ing~ that. th~e employee is of the required age.
SEC.TIONZ I 2. In ccjllyll~lanre with Sec~tion 7 (a) of the Acl:t, it is
(a) Emnployees shiall have the righlt. to organiize and bargain col,-
letively through repres~e ntatiives of their ow\n chloosing," and1 Shafll be
free fr~on the inltel~rferece, restranint. or coerclcionl of emp~loyers of
labor, or thl~eir agents. in thle dfesigrnation of such rl-eprsentativesc ~ o~r
mn self-orgranization or in other co~ncerted activities for the pulrpose
of collective bargaining or other mutual aid or protection.
(b) No employee and no one seeking emnploymlent, shall be required
as a condition of employment to jo~in any company union or retfratin
from innings, organizingr, or assistingr a labor organlizationl of his owFn
(c) Empllloy\ers shall comply wcith the mzaximnum hours of labor,
minimum rates of pay, and other conditions of employment,
approved or prescribed by the President.
SIeenox~, 3. N~o provision in this Code shall supersede any State or
Federal law which imposes more stringent requiremlentsi on employers
as to age of employees, wa~ges, hours of work, or as to safety, health,
sanitary, or other general working conditions, or insurance, or fire
pro`"tection, than are imposed by this Code.
SECTION 4. No employer shall reclassifydfatn empoyes or uies of
occupations performed for the- purposes ofdeaigteposon
of the Act or of this Code.
SECTION 5. All employers shall comnplly with, the rules and regu-
lations issued~ from, time to time by the Atdministrator with r~espec~t
to posting notices, bulletins and extracts from this C~ode.
SECTION 6. Every employer shall provide for the safety and health
of his employees at the place and during the hours of their employ-
ment. Minimum standards of safety and health shall be submitted
by th~e Code Auth-ority to the ~Administrator for approval within
four (4) months after effective date of this Code.
SECTION 7. Employees, other than maintenance or supervisory
mnen or those necessary to protect property, shall not be required as
a condition of employment to live in homes rented from the employer
.or specified by him or his agents.
SECTION 1. A Code Authority is hereby constituted to cooperatte
wcith the Administrator in the administration of this Code.
SECTIONJ 2. The Code Authority shall consist of three (3) indi-
viduals, or such lal-rger number as may be approved fromt time to time
by the Administrator, to be elected from members of the Industry by
a fair method approved by the Administrator. The members of the
Code Authority shall serve for a term of one (1) year, and no member
of the Industry shall have more than one representative on the Code
Authority. For each member of the Code Authority, an alternate
shall be chosen to serve in place of the regular member at any hearing
where the member of the Industry3 with whom the regular member is
affiliated is charged with a Code violatiol. T'he alternate is to be
selected fromt a mlnlembe of the Industry other than that with which
the regular member is connected.
SECTION 3. In addition thereto, there shall be not to exceed three
(3) members whlo shall be appointed by7 the Administrator. TPhe
membelr~s who may be appjointed~ by thne Admninistralto-r shall be w7cith-
out vote and shall be given notice of and may sit at all meetings of
the Code A~uthority.
SECTION 4. TIhe Industry Committee shall conduct the election of
the Code Authority. The method of election shall be submittedl byr
the Industryr Com mitt ec to the Administrator within thirty (30)
days a ft~r the effective date of this Code. Within five (5) days after
the approval of the method of election by the Adlministrator the "L In-
dustry Conunittee shall call a meeting~ of the members of the In1-
duslt ry to be held within fifteen (15) days after the date of the notice.
Notice of the time and place of the Indlustryg meetings shall be sent by
registered mail tenl (10) days in advannce of such mleeting to all maem-
bers of the Indlustr~y. Votil ng my be by per~son. by proxy, or by letter
In case of a vacancy in the membel~lrship of thle Codet Authority, a,
meecting~ of the! members of the Indcustfry shall. be eu~lled~l andi held
within thirty (30) days o'fterl such rac~ancy3 occurl-.
Re-rmsl~ll 5. To fu~rtherl ;.flootenl~f;ti- te policies of the Acrt ther~le shlall
be est;ablished inr the region wcest of the Rocky;S Mountalfirs, COmpri--'j
ine~ thle Sctates of c.'nllifric,la. Washinglito n, Oregon, TIdahoi, Nevsad~a,
Arizonra alnd N~ew Mexico, a Regiolnal Conltroll C~ommrittee consrilitinbr
of three (3) mlemlbers, to be elec~tedl by a fair melthord, appll',\rove by
thle Admimstrator, by the members of the Ind~ustr~y in the above
Ilnamed State~s whvo assenClt to this Code andl agree~li to sustainl their
reasnab~nle share of the expense of administering tis ode Th~e
Code Atuthority shall del1 gat tosc einlCnrlCnnte
suIch' of its p)owers and dlutie~s as m~ay be nelicless:r~y for thle admninis-
traltion of this Code within such region.
SECIN 6. Eachn trade or indiustrial association or group d~irectly
or indirectly pa7rtic~ipatin~g in the selection or activities of the Code
Authority or the Regional Conltrol Commnrit~tee sha~ll (1) impllose no,
ineqnitab~le restrictions on memlber~ship, and (2) submit to the Ad-
ministrator true copies of its articles of assoc~iationl by-laws, regulla-
tions, and any amendments whlen made t~heretto, together with .sulch
other information as to Inmlembeship, organization, and ac~tivities as
the Administrator may <1eeml necessary to eff~ectuate, the purrp'o'es of
SECTION 7. In order that the Code ALuthority and the Reg~iolnal
Control Commnittee herein ab~ove pro-vided for shall at all times be
truly representative of the Industry and in other :respcc~ts comply
with the provisions of the Act, thie Admlinistentor may provide such
hearIings as he ma~y deem proper ; and thlereafter if he shall find that
the Codec Authority or Reglonlal Controul Committee is not truly
representative or does not in other respects comiply ihtepo
visions of the Act, may5 r~equir~e an app~r~opriatet modeif~ie"t ntio in th
method of selection of the Code AulthorityT or Re~gional ContrCIol
SEC.now 8. MlembersI' of the Indu~stryy shall be3 entith-0~` to partici-
pate in and share the benefits of ther activities olf thle Codelt Authority
or Regional Contr~ol Commuittee and to parlticipa~te in the selection
of thec members thcre7cf olnly byT assenting to and compl-lying~ with the
requiiremell n ts of this Code and sustaining their r~easo~lnale share of
the expenses of its admini.stration. Sulth reasonable sharel of the
expenses of th admlinistration shall be determined' by the Code
Authority subject to review by thle Adlministrator,, on the basis of
volunn.1( olf busmeltss an~d/or such other factors as mayv be dleemed
Secrmo? v 9. Nothingr contained' in, this Cod~e shall constituted the
mlemblers of the Codelt Au~thor~ity or Regional Contr~ol Comnmittee
partners for any purpose. Nor shall any member of the Code Au-
thority or Regional Control Conulnittee be liablle in any manner to
anyone for any act of any other member, officer, agent or employee
of the Code Authority or Regrional Control C~ommittee. Nor shall
any member of the C'ode Aluthiority or Regional Control Committee
execl~.ising reasonabl~e diligence inl the conduct of the du~ties; here-
unrder be liable to atnyocne for anyT action or omission to set undler the
Code, esc~ept for his own. willful misfeasanlce or non-feananice.
SECTION 10. The Code Authorityr shall have the folowoing po-er~s
and duties to the exrte~nt permitted by the Act.
(a) To execute the provisions of the Cod'e and provide for the com-
plianmce of thne Industry with the provisions of the A~ct.
(b) TPo adopt by-laws and rules and regulantio-ns for its p,1rocedu~r'e
and for the administration and for facilitating~ the enforcement of
the Code in accordance with the powers herein granted, and to submit
thne same to the ~Administrator for his approval together with true
copies of any amendments or additions when made the~reto, minutes
of the meetings when held, and such other information as to its
activities as the Administrator m~ay deeml necessary to effect thre pur-
poses of thne Act.
(c) To obtain from memllbe~s of the Industry such infolrmatio n
and reports as are required for the administration of the Code. No
individual reports shall be disclosed to any other m~embrcl of the
Industry or to any other party except to such governmental agencies
,as may be directed b~y the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its act i vit ies provided for hlerein
and to pay such trade associations and agencies the cost thereof,
provided that nothing herein shall relieve the Code A~uthority of its
dutiei and responsibilities under this Code.
(e) To make recommendations to the Administrator for thne co-
ordination of thle administration of this Code with such other Codes,
if any, as may be reflated~ to the I[ndustry.
(f) To secure fromt members of the Industry an equitable and
proportionate payment of the reaso~nable expenses of ma~illntaining the
C'odle Authority and its activities.
(g) T'o cooperate with the Administrator in regulating the use of
the Nl~ational Recovery Administration Insignia solely by those mlemn-
berl's of thle Ilndustry who hav-e assentedl to and are complying w-cith
(h) To reconunendcn~ to the Administrator further fair tradt'e pra~c-
tice provisions to govern members of the Industry in. their rei~ntions
with each other or with other1 industries and to I~recolnllnend to the
.Admlinist trator measures for industrial planning, including stabiliza-
tion of employment.
(i) T'o cocnsidrlc1 proposals for modifications or amendments to
this Code and makelir recoilnulntndaions thereon from timl~e to time
to the! Admuinistra~tor which modifications or amendmrlents~ shall be-
comne effective as part of the Code, upon approv?\al by the Admlinis-
trator after isuch'l notice and hearings as he may specify.
(j) To appoint a trade practice cojnunittee which shall meet with
the trade prac1~tic~e comm~!ittees appointed under such otherl codes as
may be related~ to the industry for the purpose of formnulating fair
trade practices to govern the relationships between production and
distribution emp~loyecrs under this Code anid under such others to
the end that such fair trade practices mayod be prosedh to there Aod-
mlinistr~ator as amendments to this Cd and uhohrcds
SECTION 11. 171 a~~irilOn to the information requl~ired to bec sub-
mittedl to the Codle .Authorit,yJ, all or an of thec pe~ir"'on sulbjc~t to
thie Code, shall furnish~ such statistical information as the Admlrinis-
trator uII;y. d~eem n'cef~snlary fo~r thle pu~crposs recited in Sectionr 3 (a)
of thle Act to Iuchl Fiederal andt State agencies as the Admrinistratorto
:may dcsiglnatn ; Inor shall anything in this Colde, relieve any per~sonl
of any existing (Ibliga~tion to- fur~nishl~ reporrts to Grovernmn t.clt agncrrcies.
SecumI~S 12. If thle Admninisfrtratr shall dectelllrmin that aniy notiorn
of the Codelt Authority or any agency thereof may be~ unfair or un-
just or on~trar~y to thre publil c intferPSt, the A~dminiS-t-rator mayg re-
quiret thnat s~c~h action be sulspend~edl to afford~c anr oppolr~tunrity folr
invecstigat'ion of the merits of -Iuch action aInd' further consl~ileratio-n
by' such Code Auth~ority or agency pending final no.tio~n whlichl shall
not be effective unless the Admninistrator appro\-es or unless he shall
fail to dijsappr~ovee afterI thirty (30) clays' notice to him of inltentio~n
to pro0"ced withn su~ch action in its original or mlodifiedl form.
ARITCLE V11-TRADE PRACTICES
Gen~cl'ral D~fniti onl~.--ForI all purposes of the Oviett, thle acts de-
scr~ibed~ in this Article shall constitute unfair ~rac~tic~e.-. Any m~em~-
ber of the Indusltr~y who shall directly or ind~ircrt~ly, th~rouglh any~
officer, employee, agent or representative, knowingly use, emplloy or
permit, to be employ~ed any of such unfair practices shall be3 guilty
of a vriolation of the Code.
RULIE f. /919~:'fr7Le u78930 e0Ont ifCtuldl Belations.--No mnember
of thle Industry shlall makes any willful attempt to induce a breach
of any bona fide contract for the sale of roofing tile or to preventt
th performance of any such contract.
RnLE 2. Defl77atliolO.-No RIPDber of the IndulstryS shall cause
the defa mat ion of a comlpetitor by anly false, misleading or deceptive
act or statemlentb imputinig to him an mnsecur~e or qluestionaoble finan-
cial condition or credit standring, or inability to p~erform contracts;
or imlput to him or to any of his authorized r~eprese;ntative~s dis-
honorable conduct or lack of busiinessi inltegrity or d.isparage the
quality, dulrability, or wvor~kmnsnhi p of roo~fing tile? mnlunfactu redd
byT such competitors.
RULE 3. Tiffhy ON/jlfP7Cf..-rOi3 mem'l~ bel of thfe Induslltr~y shall
r~equire any person engaged inl ~the bus~iness of huyling anld selling~,
or of using or installlinlg Icoroofi tile, as a condllitionl of thle pu~r-
c~hase by said person of: rooting tile flcrom such manlrufnl~lletrer, to
purc'hase, sell, us~e, or install only lroofingr tile producedrl by such~~
mannuifii~uiturr, or to indifuce or attempllt to indullce any personC~1 to agr1'ee
tor refulse to purchnse. sell, ulse, or install !ruflng tile p~roduced~~ by
other mlanu facturlers.
]RULE, 4 Zj. 180f't flrl/ CO)I1pe'~tll/OPS .ire>,'P/'lH/Ulfre(.U.-SC O Illemi
of thle Industry shall indiue~ or afttemp~t tor inuc-1ce a sarc l:e aget o~f a
comipetitoir to cease to replresent suich C~ompletitor, or a a;ICle.-man of
a competitor to leave his emlploy, for thre purlpose of inljur~ing t-he
business of such competitor.
RUna 5. SeC)Iret Rbates.-- No member of th~e Indusl~tr$ shall mlake
secret paym~rent or allowance of rebates, refundsl~i, cre~dlts, unerne
discounts or other allowanlces, whether in thle formn of money or
gifts or othcrw-ihe, as a means of effectinig or concealing~r price dis-
crimilnatio~n or grant to anly person engaged inl the purchasing,
selling, or installing roofing tile of any special privilege, pr~efer~ence,
or priority not offeredl to other persons similarly situated under like
_RULE 6. Conmslercaia Briberty.-No member of the Indus~try 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 of such employee, the principal of such
agelt, or thne represented party, without th~e knowledge of such
employer, principal or party-. Commercial bribery provisions shall
not be construed to prohibit free and general distribution of articles
commonly n ed~ for advertising except so far as such articles are
actually used for commercial bribery as h~ereinabove defined.
RUlLE 7. I/c~oiic-t aid/87/Misin .-- RO member of the Industry shall
publish advercItising whether printed, radio display or of any other
.natu re, which is misleading or incorrect in any material part icula r,
nor shall any member in any way misrepresent any goods, including,
but without limitation of its use, trade marks, grades, quantities,
origin, substance, character, nature, finish, material contained or
RULE 8. Incrrc COTT808'n 3/ohf OfBrandifty.--RO member of the
Industry shall brand or mark or pack any goods in any manner
which is intended to or does deceive or mislead purchasers with
respect to the brand, grade, quantity, quality, origin, uses, substance,
character, .naturle, finish, material content or preparation. of suchl.
RUTLE 9, F7/ranl;,, f Roo ft9 Co~ntradc~or8.-No member of the
Industry shall finance, directly or indirectly, in any manner whatso-
ever, the operations of a roofing cont~ractor, whether he is an indi-
nda~ll, partnersh~lip, or a corporation.
RULE 10. Conssignml7en ts.---No member of the Industry shall make
a shipment of roofing tile on consignment except in special instances
where permission in writing shall be secu red from the Code
RULE: 11. The Code AuthorityJ shall cause to be for~mulated an
ner-oulnting; systeml and methods of cost finding and/or estimnating
capable of use by all members of the Industry. After such system~
and methods have been formulated and approved by the Adminlis-
trator, full details, concerning then shall be made avafilable to all
mem~lber~s. Thereafter all members shall determine and/or estimate
costs in ncecorla~~nc~e with thne principles of such methods.
RrrLE 12. I~t Sha~ll constitute a violation of this Code for ny~
memblrler of the Industry to sell any product at less than his indi-
vidual cost as defined in this rule, exrcept to me~et the competition
of another producer, whose ~r~ices are Inot in violation of the Code.
Cost shall inlclude all direct labor cost, direct raw material cost
(ilc~lusivec of transportation and shrinh~nag), and a proportionate
share of all indirect expense, inclusive of maximum depreciation*
(on ac~tive plents) and depletion allowances bot.h computed accord-
ing to Fiederal Income T~ax procedure; but cost shall not include
r~etur~n on invested capital, interest on borrowed capital, develop-
menital expense, selling expense, nor administrative expense.
RULE 13. DrOpped lines, or seconds, or inventories which must be
conv-erted into cash to meet emergency needs may be disposed of by
any member, at any price and on, any terms and conditions;, bu~t. only
if such member, not less than twvo -(2) week before such dlispocsal,
has filed with th~e Code Authlority, a statement in wr~iting, setting
forth the fact of, and reasons for, such prop'osed dlisp~osal.
mRCLE I14. U/lllr'lP..9//~/Htf /Aff i~~l~n////S.-1 O mC3embe of the( Induls-
try shall knowningl llly undrestimatelt quanltitiesj required~ for a specific
RULE 15. Price Dcicriminatilionl.--No member of the Indu ~1m1ryJ shllnl
discrimiiinute in the price of roofingr tile prodluc~ts between purchasersl~
of, th~e same class, except for dlifferencec in grad1e, quantity, or qual~lity
of the product soldl, or ex~cept for differences in cost. of selling andl/orr
tranlsportation, or madote in goodl faith to meiet comp~etitioni.
RUL 16. Other Unfair T,;rade Practices.-N~othing in this Codle
shall limit the effect of any adjudlicaition by the courts or hocldingr by
the Federarl Trade Commission on complaint, find, and olirer, that
any practice or mcthlodl is unfair, providced that suchn adtj udicaltion
or holding is not inlconsistenlt with any provision of the Act.
ARTICLE Y111-TERMSI OF SALE
Thle terms of sale of each mrJember of the Industry, incrludingr credit
terms, shall be uniform to all purchasers of roofing tile similn rly
situated and shall be uniformly enforced; provided that nothing
herein contained shall prevent any member of the Industry fr~oml
refusing credit to any purchaser of roofing tile or r~equir~ing specially
terms of paymenint, whert~le in his judgment such refusal or requirement
is necessary for the adequate p~rot~ect~ion of the account; nor shall
anything herein contained prevent any member of the rIndustry
from using his discretion in, the collection of delinquent accountss.
Qulotations mad-e to dliffer~ent roofing contractors basedc uplonl the
same estimate shall be in, writing and shall be iln all. mater~ial rerspeccts
uniforml: P~rovided, that thne ter1ms of credit may be var~ied~ in th~e
case of any customer to~ such extent us the member of the Industr~y
mayl deemn necessary for his protection.
The same r~ule shall be applicable to revised qu~otatio nsi and in
general such qu~otations shall be suibmitted to all roo)(fin~ Cconf';Ctractor
who r~eceivedc th~e or~iginal qluotation, but, it shall nlot be cocnsidereld a
violation of this provision to w-ithholdl revised~ quotations from anly
roofingr contractor who re~ceived the -origrinal quotatio-n buit who,
according to information received by the member of thle Indulstry,
and believed by him to be re~liab~le, is not, at the time of the issuance
of the revised quotations, interested in receiving such quo~tation or
who would be unable to make use of it.
The present kiln capacity of the Idustr shall be registered by
the members of the Industry with the Code Authority The initen-
tion of persons engaged or intendingi to eng~age in thVe industry to
install additional kiln capacity, exceptinig, however, modernization
UNIVERSITY OF FLORIDA
I1 ll i ll illllllll ll l I U I l lll| lil lilll II III I
3 1262 08486 8644
or replacement of existing- capacity, or to devobte to the manufacture
of clay and shnale roofing tile kilns not used for suchl purpose during
the three year period ending February 1, 1934, shall be reported to
the Code ~Authority. The? Code Auithiority shall miakie such recom-
menmdationls with respect thereto to the ASdministr~ator as it may deemn
desirable to effectuate the policy of the Act.
ARTICLE XTI MODIFICATION
ISacTIow 1. This Code and all the provisions thereof are exrpressly
made subject to the right of the President, in accordance with thle
provisions of sub-section (b) of Section 10 of the National Indulstrial
Recovery Act, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title cI of said Act
and specificallly, but without limlitation, to the right of thle President
to cancel or modify his approval of this Code or any' conditions
imposed by him upon his approval thereof.
OiEcTION 2. This Code, except as to provisions required by the Act,
maay be modified onl the basis of experience or changes in circum-
stances, such modification to be based upon application to the Admin-
istrator and such notice and hearing as he shall specify, and to be-
come effective upon its approval byT the Presidelnt.
No provision of thlis Code shall be so applied as to permit monop-
olies or monopolistic practices, or to elimnin~nte, op~r~ess. or discrimi-
nate against small enterprises.
ARTICLE XIII-PRICE INCREASES
Whereas the policy of the Act to increase real pulrchasiing power
will be made impossible of consummation if prices of goods and
servl\ies increase as rapidly as wages, it is recognized that price
increases should be delayed and that when made the same should
so far as reasonably possible, be limited to actual increases in the
WSithin thirty (30) day~s after the election of the Code Authlority
each m~ember ofj the Industryr shall register with the Code Authority.
All members of the Industry who engage in th~e Industry thereafter
shall likewise register with thie Code A~uthiority.
Registration of a member of the ludustry shall include the full
name and mailing address of the member. The time limit for the
registration of any member of the Indulstr~y may be extended when-
ever, in the opinion of the Adlminist~rator, the time limit as provided
herein might cause an injustice. to any :memlber of thle Industry.
ARTICLE XV--EFFECTIlE DATE
This Code shall become effective on the second M~onday after its
approval by the Adimiistrator.
Approved Code No. 889.
Registry N~o. 1036-1-02.