Amendment to code of fair competition for the marble quarrying and finishing industry as approved on October 29, 1934


Material Information

Amendment to code of fair competition for the marble quarrying and finishing industry as approved on October 29, 1934
Physical Description:
7 p. : ; 23 cm.
United States -- National Recovery Administration
Supt. of Documents
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Marble industry and trade -- Law and legislation -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


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Also available in electronic format.

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University of Florida
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Resource Identifier:
aleph - 004850580
oclc - 63655052
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For sale by the Superintendent ofDocuments, Waeshington, D. C. - Prce 5 cents

Registry No. 1023-28




3 1262 08482 9125
_. amendmentt No. 1


This publication is for sale by the Superintendent of Documents, Government
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Approved Code ~No. 421--Amendment No. 1



As Approved on October 29, 1934


Anr application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 1~6, 1933, for approval of an ame~nd-
menit to a CodSe of Fair Competition for the Marble Quarrying an~d
Finishing Industry, and hearings having been duly held thereon and
~the annexed report on said amendment containing findings with
respect thereto, having been made and directed to the President:
NOWT7, THIEREFORE, onl behalf of the President of thre United
States, the National Industriatl Recovery Board, pursuant to author-
ity vested in it by ]Executive Orders of the President, including 3Ex-
ecutive Order No. 6859, and otherwise, does hereby incorporate, by
reference, said annexed report and does find that said amendment and
the Code as constituted after being amended comply in all respects
with the pertinent provisions and will promote the policy~ and pur-
poses of said T~itle o~f said Act, and do hereby order that said amnend-
ment be and it is hereby approved and that the previous approval
of said Code is hereby amended to Include an approval of said Code,
in its entirety as amended.
B3y G. A. LrranL~ Administrative Ofle~er.
Approval recommended :
Acting Uivision Adm~inistrantor.
October a9, 1934d.


The White Howie.
SmR: The Public H~earing on an Amendment to the Code of Fair
Competition for the Marble Quarrying and Finishing Industry, as
proposed b~y the Mar~lble IndustryT Employers' ALssociation of Newds
YLork: and Vicinity, and assented to by the Code Authority for the
said Industry, was conducted in Watshington, D. C., on the thirteenth
day of June, 1934. Everyone who requested an appearance was
heard in accordance with the regulations of the National Recovery
Administration. There were present duly authorized representatives
of the Code Authorityr for the Industry.
The proposed Amnendment establishes a regional committee for the
Me~tr~opolitanal District of the City of New York as provided in Ar-
ticle VT~, Section 6 of the Mn v~ble Quarrying and Fimishing Code.
T~he proponents of this Amendment, the Marble Industry Em-
ployers' Association, is composed of thirty-six firms operating plants
for the fabricating and erection of marble for use prmcipally in the
interior of buildings and structures. The member firms fa~briente
and erect more than ninety percent of the marble used in buildings
and structures in the New York~ City area and have a combined
investment representing a total of ten million dollars. Of the total
amount of marble used in the United States, approximately twenty-
fiv~e percent is finished and erected in thne MSetropo~litan District of
the City of N~ew York.
Thne Deputy Administrator in his final report to us on said
Amendment to said Code having found as herein set forth and on
the basis of all the proceedings in this matter :
We find that:
(a) The Atmendment to said Code and the Code as amended are
well designed to prom----~~~cote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstrue-
tions to the free flow of interstate and foreign commerce which. tend
to diminish the amount thlereo~f, and wlill provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups by inducing and m~ain-
ta~ining united action of laborr and management under adequate gov-
ernmental sancitio.n. and supervision, by chiminating unfair competi-
ti~ve practices, and promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily requiredd, by in-
creasing the consumption of industrial and agricultural products
through increasing purch~asing power,byrdcganreivg
unemployment, by improving standards of ulabor and boterwisevn
rehabilitating~ industry.

(b) The Code as amended complies in all respects withn the perti-
nent provisions of said Title of said Act, including without limita-
tion sub-section. (a) of Section 3, sub-section (a) of Section 7 anrd
sub-section (b) of Section 10 therof.
(c) The Marble Industry Emlployers' Association of ~New York
and Vicinity was and is an industrial association truly representa-
tive of the aforesaid InduLstryT in the Metropolitan District of the
City of New York, and that said association imposed and imposes
no Imequittable restr~ictionsll on admission to membership therein. and
has applied for this Atmendment, which Amendment has been. as-
sented to by the Code Atuthority for the said lIndustry.
(d) The Amendment and the Code as amcr~ende are not designed
to and will not permit monopolies or monmopolistic praLctices.
(e) Thze Amendmzent and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) T'hose engaged in other steps of the economic process have
not been1 deprived of the rigSht to be heard prior to approval of
such ALmendment.
For these reasons, therefore, we have approved this Amendment.
For the Nationzal Inldustrial 1Recovery Board:
G. A. LYNcH,
OcrOER 9, 134.Administrative O~f)cer.


Add to Article V, a new sub-section 6jA as followm7s:
SECTION 6A (1). A Regional Committee is hereby constituted to
administer the provisions of this Code in the Metropolitan District
of the City of New York (which shall include Greater New IYork,
Long~ Island, and thle territory within twenty-five miles from the
presented New York City line) and shall consist of five members to
be seleccteld as follows:
(a) The Code Authority memberhl~l elected by thle members of the
Industry within the M~et copolitan District of the City of New
York, in nlcocrdan~lce with Airticle V, Section 1 (b), shall be a
ncrlembrt 1 of this Regional Conuniittee. H3e shall hold office as a
mzember of this Committee during his term as a member of the
Code Authority.
(b) Within tenl days aIfterl the election and recognition of the
Code ALuthority member elected by the members of the Industry
within the Metropolitan District of the City of New York, four
other members of the Regional Committee shall be selected in the
manner and for the termls stated in the following paragraphs:
(c) If the Code Authority member elected by the members of
the Industry within the Metropolitan District of the Cityof Ne~w ito
York is a mlemberi'l of the Marble Industry Employers'Asoitn
of New York and Vicinity, the Executive Committee of the said
Association shall appoint two members to the Regionmal Comnmittee;
in the event that the said Code Authnority member elected bythe
members of the Industry within the Mietropolitan D~istrict of te
City of New York is not a member of thne said Association, then
the Excuctive Committee of the said Association. shall appoint three
members to the Regional Comlmittee;
(d) The members of thle Indunstryr who are not members of the
Marble Industry E~mployers' Association of New Y~orkr and Vicinity
shall, within ten days after the election and recognition of the
Code Authority member elected by the members of the Industry
within the Met rlopolitan District of the City of New York, elect
two members to thne Reg~ional Committee; provided, however, that
if the Code Aut~hority member elected by the members of the In-
dustry within the ~Metropolitan District of the City of New York
is not a mem~llber of the said Ailssociation, that those members of thne
Industry who are not members of the said Association shall elect
only one member to the Regional Commitee;
()The Secretary of the Matrble Industry Employers' Association
ofNw YJork and Vicinity, in order to secure an orderly election

of members to thae ]Regional Commnittee by the members of the
Industry who are not members of the said Association, shall nlotifyr
every member of the Industry within the said Rtegion of the time
and place for this elections and that voting shall be in person or
by proxy;
(f) The election and appointment of members to the Regional
Committee shall be held and made within ten days after the approval
of this amenldmelnt; and the members so elected and appointed shall
hold office until the usual date of election stated in the following
(g) The usual date of election shall be within te~n days after
the election anld recognition of the Code Authority member elected
by the members of the Industry within. the M~etropolitan District of
the City of New Yorkr;
(]h) 'Ihe method of election of said Regional Committee shall be
approved byT7 the Code Authorityr and the Adminristrator.
;(2) This Regional Committee shall havce the following powers and
duties and such other powers and duties as may be delegated by the
Code Authority and shall exercise such powers subject to review by
the Code ~Auth~ority, and disapproval of the Code Autlhority if found
to be~ inconsistent wcith the power and authority granted the Code
Authority by this Code or with the Act. In case any question of
consistency or inconsistency arises the burden of proof rests with the
Regional Committee.
(a) To effect the provisions of Section 2 of Article IV of the
Code, to create the necessary agencies of employers to conduct nego-
tiations between truly representative groups of employees and emp-
ployerss in said Regionl covering wages, hours of labor, and condi-
tons of employment.
(b) To appoint a Regionarl Com~missioner who shall serve as its
disinteres-ted and impartial Agent wPithin, the Metropojlita.n District
of the City of ~Ne~w York in the performance of the duties delegated
to the Commnissioner under Sections 1. to 1_5 inclusive of Sub-
division. B ", of Article VI of this Code, and any additions or
amendments thereto, and wrcithin. said Region. to act in the place and
stead of the "L Commissioner "';
(c) To appoint a Regional Trade Practice Commllittee for the
purpose of formulating fEair trade practices to govern the members
of th~e Industry within the Mletropolitan D~istrict of the City of
New York, to the enld that such fair trade practices mayT be proL
posed to the Code Authority for transmission, with the recommen-
dations of the Code Authority, to the Administrator for his
() To cause to be formulated additions and/or modifications to
the general accounting system and method of cost f~indingi and/or
estimaating provided in Article VII for the Industry if such systeml
itnd method is found to be inadequate for the operations peculiar
to said Region. Said additions anld/or modifications shall be sub-
mit~ted to the Code Authority for approval and transmission to the
Administrator for approval. If approved by the Administrrator,
full information concerning suchl methods shall be made available

to all members of the Industry in said Region. Therea ft~er, each
member of the Industry in said Region shall utilize such~ methods
to the extent found practicable. Nothing hnerein. contained shall be
construed to permit the ReZgional Committee, any agent thereof, or
any nwmberl~~l of the Industry in said Region, to suggest uniform
addlitions, percentages or differentials or other uniform items of cost
which. are designed to bring about arbitrary uniformity of costs or
(e) To submit to the Code Authority full and complete copies of
all minutes and records and such other information as the Code
Authority or the Administrator mlay require;
(3) I~tbeing found neccessaryy in order to support the adm~inlistra-
tion of this Code within. the Metropolitan District of the City of
New Y'orki by this Regional Committee, and in order to obtain the
standards of fair competition established in this Code and to effectu-
ate the policy of the Act, the Regional Committee is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purplose~s, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall. be held in trust for the purposes mentioned above;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an ite~mized budget of its estimated exrpenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to suppor'~'t suchn budget shall be contributed by members of the
Industry in this Region;
(c) After such budget and basis of contribution have been ap-
proved by the Admainistrator, to determine and obtain equitable
contribution as above set forth by all members of the Industry in
the Region, anld to that e~nd, if necessary, to institute legal proceed-
ings therefore in its own, name;
(4) Each member of th~e Industry within the Metropolitan Dis-
trict of the City of New York shall pay his or its equitable contri-
bution to the expenses of the maintenance of the Regional Coma-
mnittee, determined as hereinabove provided, and subject to rules and
regulations pertaining there~to issued by the Administrator. Only
members of the Industry within said Region complying wt h
Code and contributing to the expenses of its administration as herein-
above provided, (unless duly exempted from making such contri-
bution), shall be entitled to participate in the selection of members
of the Regional Committee or to receive the benefits of any of its
voluntary activities, or to make use of any emblem or insignia of
the National Recovery Administration. But voluntary contribution
prior to the approval of a budget and equitable basis of assessment
for this Region shall not be considered a prerequisite to the right
to vote for tuhe members of the Reg~ional Committee.
(5) The Regional Committee shall neither incur nor pay any
obligation substantially in excess of the amount thereof as estimated
in its approved budget, and shall in no event exceed the total amount
contained in the approved budget, except upon approval of the
Administrator; and no subsequent budget shall contain a~ny defi-

clency item for expenditures in excess of prior budget estimates
except. thIose which~ the Administrator shall have so appro'edl.
(6) The equitab~le basis of contribution se~t out in Article V Sec-
tion 5 shall make due allownlc~e in. favor of members of the Industry
in this `Regrion for the expense of any Cod~e Aulthority- activPities
performed -for the Codec Authority by 'this Reion-al Committee.
Approved Code No. 421---Amen7dment No. 1.
Registry No. 1028-28.


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