Code of fair competition for the construction industry, as submitted on August 25, 1933


Material Information

Code of fair competition for the construction industry, as submitted on August 25, 1933
Physical Description:
5 p. : ; 24 cm.
United States -- National Recovery Administration
U.S. G.P.O.
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Subjects / Keywords:
Construction industry -- 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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National Recovery Administration.
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Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004885634
oclc - 603801762
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Full Text

I' 'i
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The Code for the Construction Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry





To effectuate the policy or policies of Title I of the National
Indusrtriarl Recovery Act dulring thle period of the emergency, to
induce and maintain the united action of all elements of the C~on-
struction Indust~ry under adequate gover~nmenta~l or private sanc-
tions and supervisions, to eliminate unfair competitive practices and
to advance the public interest, to reduce and relieve unemploymentt,
to improve standards of labor and living, and otherwise to rehabili-
tate t~he Construction Ind~ustry, thle following provisions are estab-
lished as a Code of Fair Competition for the Conlstruction Industry.,

The termr Construction Industry "' as used hiereini is defined to
mean the designing, the constructing, and the assembling, installing,
andt applying of manufactured parts and products of (a) building
structures, including modlificatio~ns thereof and fixed, accessories
thereto, int~endedl for use as shelter; and (b) fixed structures and
other fixed improvements and modifications, flood control and wFater-
power development, reclamation, and. other similar services required
for the public welfare; and the termn Construction Industry is
further defined to include all persons who perform such functions,
including without limitations those persons commonly known. and
sometimes defined by lawc, as architects, engineers, contract~ors, and
sub-contractors. The term L"person as used herein is taken to
mean a natural person, partnership, company, trust, trustee in bank-
ruptcy, association, corporation or agency. The term "Lemployers "~
shall mean all persons wc7ho employ labor in the conduct of any branch
of the Construct~ion Indust~ry as defined above. The term emn-
ployees shall mean all persons employed inr the conduct of any
branch of the Constr~uction Industry as defined above.
(a),` Employees shall have t~he right, to organize and bargain collee-
tively through repr~esentativ~es of their own choosing, and shall be
free fromn the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or
in self-org$anization or in other concerted activities -for the purpose
of collective bargaining or other mutual aid or protection.
(b) No employee and no one seeking employment shall be requir~ed
as a condition of employment to join any company union or to
refrain from joining, organizing, or assisting a labor or~ganization
orf his own choosing.
9105--33 (1 1

(c) Em~ployers shall comply with the maximum hours of labor,
mninimumn rates of pay, and other conditions of employment, approved
or prescribed by the President.
(d) This Code and all provisions thereof are expressly made sub-
ject to the right of the President in accordance with the provisions
of Section 10 (b) of the National Industrial Recovery Act fromi
time to time to cancel or modify any order, approval, license, rule,
or regulation issued with respect hereto under Title I of said Act.

3. AhIIIntentr WAGEs

Emp~loyers in the Construction Industry shall pay wages--
!a') Not less than the miinimium rate of wages for unskilled labor
hereby1 established which sha~ll be not less than forty cents (400) per
hour unless the hour~ly rate for the same class of work on July 15,
1929, wa~s less than fortyv cents (40#) per hour in which case the
h~our~ly rate shall be not. less than that of July 15, 1929, and in no
event less thani thirty cents (309)C per hiour, and furthermoree in anly
(b) NoCt less t~han the~ mninimum rante of wages for accoulnt~ing,
clerical, or office emlployees her~eby established as follows: $15 per
week in any city o-f over 500,000 population, or in the immediate
trade area of such city; $14.50O per week inl any city of between
250,000 and 500,000 population, or in the immediate trade area. of
su~ch city; $14 per week in anyi city of between 2,500 and 250,000 pop-
ulation, or in the immediate trade area of such city; and $12 per
week in towns of less than 2,500 population. Population shall be
determined by the 1930) Fedteral census.
(c) Nothing herein continued shall be construed to apply to em-
ployees whose rates of wages are establishedl for specific projects by
competent governmental aulthor~ity in accordance with law or with
rates of wages e~stablishedl byr contracts now in force.

41. halxinionr HOols

Employer~s in the Construction Industry shall not employ any
em ployee--
(a) In excess of the miaximum average of thirty-five (35) hours
a week duri~ingr a six months' enlendlar period, or forty-eight (418)
hours in any week. in such period, or eight (8) hours in any one dlay,
excludinng emlployees engaged in professional, executive, administra-
ti-ve, or s~up~erv\isoryl! work: those engaged in cases of emergpency work
r~equiringa the protection of life or property~, and those in estaRblish-
mnents emplloyingr not. miore than two persons in towns of less than
2,500~ p'opulation, wh~ich~ towns are not part of a larger trade area.
P~opulatio~n sihall be dletermlinled by the 1930 Federal census.
(b) Emnployer~s shall not employ accounting,? clerical, or office emi-
ployees in any office or in anyI place or manner for more than forty
(40O) hours in any week, excluding employees in managerial or execui-
tive capacities and those in establishments employing not more than
t w~o pers''ons in~ tolwns of less than 2,500 popullation, which towns are
not ~part of a Inrg~er trade areai. Population shall be determined by
the 1930 Feleral crnsuls.

(c) Nothing herein contained shall be construedl to applyl to emn-
ployees wThose hlour~s of labor are established for specific projects by
competent gover~nmentnal authlority acting in accordance with law or
wit~h hours of wFork established by contracts now in force.

RIlinimum rates of wages and maximumn hours of labor may be
established nationally or for a region or locality by- mutual agree-
mepnts reached th~~lrouh bona fidep collectivep baruiin between truly
representative national, regional, or local groups of employers and
employees. In no event. shall such minimum rates of wages be less
than those establishedl in Section 3 hereof. nor in any event shall
such maximum hours of labor be more than those established in
Section 4 hereof, excepting such minimum rates of wages and such
maximnum hours of labor as ar~e established for, specific projects by~
competent governlmental author~ity acting in accordance with law.
5. Rllfianisi AGE

An employer in the Construction Industry shall not employ any
minor under the age of sixteen (16) years or under any greater age
specified by law or competent governmental authority.

Amendments to or r~evisions of this Code mayzJ be proposed by
thle National Administrantive Committ~ee or any national trade asso-
ciation or prfessional hbod~y rep resent a t ive of any recognized func-
tional division within teCnstruction Industry and when approved
in accordance with thle provisions of the NationallIndustry Recovery
Act shall become bindm~g upon the Construction Industry.
7. AustrarsalTIVEL CO3131IPITEE

To etI~ectuate the purposes of this Code and of the National Indus-
trial Recovery Act and to provide for administration and coordina-
tion within the Construction Indulstry,, there is established a
"L National Administrantive Comlmit~tee which shall consist of the
Policy Commit~tee of the Constr~uction League of the Ulnited States,
as thlat committee is from: time to time constituted, and three non- mlember~s to be appointed by the Administrator of the Niational
Industrial Recovery ~Act. This committee shall have authority to
establish such subcommittee and state, regional, or local committees,
subcomruittees or agencies with such delegated powers, as it may
deem necessary, and this may at any time and from time
to time require of any employer, trade association, or professional
body in thle Connstru1ction Induslctry~ any information relatingr to walrrge
of employees, hours of labor, or other conditions of or in tlhe Conz-
struction Ind~ustry pertaining t~o thie provisions or the operation of
this Code, and may, and at the request of thef Administr~ator shall,
from time to time present to himn such information or reports as
he may4 r~equir~e; and this committee may, and at thle request of the

Administrator shall, present to him such recommendations, as to
conditions in the Construction Industry as they may develop, as he
may specify, together with such other recommendations as in the
opinion of the committee may tend to effectuate the operation of the
provisions of this Code or any supplemental code proposed or made
a part of this Code or the policy of the National Industrial Recovery

It is intended that this Code for the-Construction Industry shall
be amlplified and expanded by supplemental codes prepared and pro-
posed by trade or industrial associations or professional bodies within
the Conistruction Indust~ry representative of the various functions of
the Construction Inidustry or subdivisions t~hereof. Such supple-
mental codes shall, so far as possible, and subject to the general
approval of the Administrator, be administered by administrative
committees or agencies therein respectively established. Such ad-
mninistrative committees so established shall have the power to hear
and to recommend adjustments or reconciliations of any controversy
between or complaint by any employers or associations thereof,
who shall be subject to the provisions of any such supplemental code
or codles. In the event. that any such adjustments or reconciliations
so recommnendedl shall not be accepted by such employers, or associat-
tions thereof, such administrative commiittees shall, at the request of
any party directly concerned, refer any suIch controversies or com-
plaints to the Na~tional Administrative Committee hereinabove
established,! for appropriate adj ust ments by it. In the event that the
adjustment or reconciliation recommended by the National Admin-
istrative Commnitttee shall not be accepted by any party to the con-
troversy~ or c~omn'~~pla,~iS ~IPIint, the National Admlinistrativre Conrunittee shall,
at he eqestofanyr party directly concerned, refer t~he matter to
the Admlinistrator who, at his option, may hear and d-etermine any
such conitroversy or complaint. Any adjustment or reconciliation
of any such con~troversy or com laint determined by the AdmIinis-
trator shall be final and shall bind the employers or associations
thereof, mr\olvedl in any such controversy or initiating any such
It is the spirit of the foregoing provisions that, so far as possible,
contfroversies or complaintsi ar~isiing within any of the functional
groups or subdivisions of the Construction Indlust~ry covered by a
supplemental code shall be fully determined and n'djustedl by the
admliinistrative committees or agencies established in such supple-
mental codie, andi that, the adljustmenits or reconciliations
recomlmendedl by such admninistrativee colmmittees or agencies are
consistent with reasonable compromise, recourse shall not be had or
appeal made to the National Administrative Committee or to t~he
Adm in ist rator.
Any such suplemental codes submitted by such functional groups
or subdivisions of the Construction Industry shall provide for' mimi-
mum rates of pay not. less than and for maximum hours of work not
more than the limitations established therefore in this Code.
Supplemiental codes prepared by national trade associations or
professional bodies within the Construction Industry may be sub-

mitted to the National Industrial Recovery Admlinistrator by thle
National Admlinistrative Comnmittee herein establishedl whlen con-
sistent with this Code and other rules anld regulations promulgatedl
by the President. and w~hen within the spiritt and purpose of the
National Industrial Recovery Act, but nothing her~ein contained shall
be construed t~o prevent a. trade association or other repriesentativee
groups or body within the Construction Indcustryv from submitting a
code directly to the National Indust rial Recovery Admi nist ration.

In the event that any buyer subject to this Code shall ha\ve
contracted before June 16, 19:33, to purchase goodsl, stru~ctur~es, or
parts thereof at a fixed price for del ivery d during the; period of the
President's Reemplloymeent Agr~eemnent, hec shall make an appropriate
adjustment of said price to meet any increase in cost to the seller
caused by the seller's havringa signed uthe President's Reemployment
Agreement or havinga become bound by anyT code of fair competition
approved by the Pr~esidlent; provided, however, that in view of the
fact that. construction operations customarily involve the furnlishring
of various goods and structures, or parts thereof by a continuous
series of independent long-term contracts and agreements at fixed
prices between various parties, such as owners (including govern-
mental departmentss, builders, contractors, sub~cont ra ct~ors, and
others, such adjustments shanll b~e contingent upon similar appropriate
adj ustmtents to be made by all1 other parties thus participating, from
and including the initial vendor of such goods and structures or
parts thereof to and including the owner of the works or structure
upon wFhich they are used.

No one in the Construction Industry shall be a party to the unfair
practice commlonly known through the indu~sry~ as Bid Ped-
dling."~ All supplemental codes before receiving the ap~pr~ovnl of the
National Administr~ative Conuinittee shall contain provisions to
enforce this rule.

All e~mployers andt persons as defined in this Code shall bear their
equitable share of t~he expense incident, to the admlinistrationio of this
Code of Fair Comnpetition under such. rules and regulations as may
be approved by the President under Sec~tionl 10 (a) of TCitle I of the
National Industr~ial Recovery Act.


This Code shall become effective on a.ppr~oval by the President of
'the United States and shall be applicable to all construction worlk
undertaken pursuant to contracts entered into or otherwise com-
menced after such approval date.

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