Code of fair competition for the limestone industry

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Title:
Code of fair competition for the limestone industry as approved on November 14, 1933 by President Roosevelt
At head of title:
National Recovery Administration
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v, 7 p. : ; 23 cm.
Language:
English
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United States -- National Recovery Administration
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U.S. G.P.O.
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Washington
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Subjects / Keywords:
Limestone industry -- Law and legislation -- United States   ( lcsh )
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federal government publication   ( marcgt )
non-fiction   ( marcgt )

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Also available in electronic format.
General Note:
Cover title.
General Note:
"Approved Code no. 113".
General Note:
"Registry no. 1026-09".

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University of Florida
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aleph - 004853520
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For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents


Approved Code No. 113


Registry No. 1026--09


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THIE


LIMESTONE INDUSTRY

AS APPROVED ON NOVEM~BER 14, 1933
BT
PRESIDENT ROOSEVELT


WE POOUR IHRT


1. Executive Order
2. Letter of Transmittal
3. Code






UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1983
























This publication is for sale by the Superintendent of Documents. Government
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EXECUTIVE ORDER


CODE OF FAIR GOMIPETITIION FOR THET LIMIESTONE TENDUSTRY

An application having been duly ae usatt n nfl
compiane wth he poviion oftile I of the National Indlustrial
Recovery Act, approved June 16, 19.33, for my approval of a Code of
Fair Clompetition for the. Limnestone Industry, and hlearingas having
been held thereon and the Administrator having rendered his report
containing anI analysis of the said code of fair competition together
with his recommendations and findings with respect thereto, and
the Administrator having found that the said code of fair competi-
tion complies in all respcts w~ith the pertinent provisions of title
I of said act and that the requirements of clauses (1) and (2) of
subsection (a) of section 3 of thle said act have been met:
NOWV, THEREFORE, I, Franklin D. Roo'sevelt, President of the
United States, pursuant to the authority vested in, me by title I: of
the National Industrial Recov~ery Act, approved June 16, 1933, and-
otherwise, do approve the report and recommendations and adopt
the findings of the Administrator and do order that the said code of
fair competition be, and it is hereby, approved.
FRANKLIN D). 1ROOSEVELT.
THE HPITE HOUSE,
November 14, 1933B.
Approval recommended.
HUGH S. JoHNsoN,
A dmilis trat or.
(II)


21127*-24" 38












NOVEMBER 10, 1933.
THE PRESIDENT
The T~7ChsLte Hou~se.
SmR: This is a report on thze Code of Fair Comlpetition for the
Limestone Industry in the United Stat~es, a hearing on which was
conducted in W~ashington on the nineteenth of Septemnber 1933, in
accordance with the provisions of the National Industrial Recovery
A~ct.
PROVISIONS OF THE CODE AS TO WAGESJ ANcD HOURS

This Code provides for a maximum workweek of forty (410)
hours as averaged over three months' periods, provided that no
employee shall work more than forty-eight (418) hoursj or six (6)
days, m. any one week, nor more than eight (8) hours in any twenty-
four (24) hour period. Exceptions to these limitations onl working
hours are provided for salesmen, employees engaged in professional,
executive, administrative, or supervisory work, wh~en earning at
least $35.00 per week. Further exceptions are providedl for watch-
men, firemen, plant engineers, t~ruckmnen, shlipping crews, plant manin-
tenance crews, and those engaged in emer~gency wo~rk, for which
occupations somewhat wider platitudes are permitted.
This 'Code provides for a minimum w age of th~irty-eight (38)
cents per hour, except that in southern states the wage mlay be as
low as that prevailing on July 15, 1929; providedl th~at in no case
less than thirty (30) cents per hour shall be -paid. These minimum
rates are to be in effect where employees are compensated on the
.basis of a time-rrate or on a p~iece-work performance. Provisions are
included for maintaining wage differentials where equitable.
The above wage requir~ements do not apply to the aged or physi-
cally infirm, who are limited in. number and are to receive at least
eighty_ (80 cal, office, or other employees are to be paid not less than $14.00 per
week, except that a limited number of apprentices may be employed
for limited periods for nlot less than eigh~ty (800.i) percent of this
weekly wage.,
No persons under sixteen (16) years of age shall be employed nor
anyone under eighteen (18) years of age at hazardous occupations.
ECONOMIC ASPECTS OF THE CODE

In 1932 only sixr and one half million cubic feet. of Building Lime-
stone was produced in this country while the volume of produe-
tion in 1929 was estimated at approximately eighteen million cubic
feet. This serious decrease in volume coupled with t~he disastrous
competitive practices has brought about a proportionate reduction
in the Industry's incom~e.
It is estimated that during 1929, 36,000 workers were employed at
the quarries and on outside wForks for a period of 257 working








days, while in 1932, an opportunity of employment was extendled
to only 22,000 men for a period of 183 work-ing days. In many
cases employees have been forced to workr long hours for very low
wages.
The Industry includes both the qularrying and fabrication of
Limestone and since the! fabrication is often done near the building*
site, fabricatingi plants are located in all important towns and cities
throughout the U~nited States. It is evident, therefore, that improve-
ment within the industry will be reflectedl in the business areas as
well as in the qyuarrying districts.
Although it is impossible to accurately estimate the increase in
emlployment resulting from an application of the Code provisions, it
is submitted that t~he maximum working hours provisions, the sta-
bilization of the earnings of labor and the elinimation of unfair trnae
practices will be reflected in the material improvement of labor and
competitive: conditions within the Industry.
FINDINGS
I: find that:
(a) The Code as recommended complies in all respects with th~e
pertinent provisions of Title I of the Act, including, without limnita-
tion, subsection (a) of Section 7 and subsection (b) of Section 10
thereof ; and that
(b) The applicant group imposes no inequitable restrictions on
admission to membership therein aind is truly representative of the
Limestone Industry* and that
(c) The Code as recommended is not designed to promote
monopolies or to eliminate or oppress small enterprises and will
not operate to discriminate against them, and will tend to effectuate
the policy of Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be immediately
adopted.
Respectfully,
Hnca S. JoINSON, Admn~isjtra~tor.














































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CODE O1F FAIR COMIPETITIONT FOR THE LIMESTONE
IINDUSTIRY

~ARECL I--PITRPOSES

To effectuate the policies of Ttle I of the National Industrial
Recovery Act, the followinga provisions are established as a Code of
Fair Competition for the Limnestone Industry and are binding upon
every member thereof.
Aannex II--DEFINEONS

2SECTION 1. T'he term industry ", as used hereinl, includes the
quarrying a~nd/or fabricati;ng of limestone for use as architectural
building stone, and such branches or subdivisions thereof as may fromt
time to time be included under the provisions of this Code.
SEC. 2. Em~ployee.--The term '' employee ", as used herein, includes
anone~n engaged~ in t~heindusltry in any capnacity ree~ivingr compensa-
tion for his services, irrespective of the nature or method of payment
of such compensation.
SEc. 3. Empyloyer.--The term employer ", as used herein, inhcludes
an one by whom' any such employee is comhpensatedi or employed.
hMEc. 4. Member of the Ind-usty.--The term member of the in-
dustry ", as used herein, includes anyone engaged in the ind-ustry as
above defined, either as an employer or on his own behalf.
SEc. 5. EffctiveC Date.--The term effective date ",? as used hereinh,
shall mean tihe tenth dlay after the approval of this Code by t~he Pr~esi-
dent.
SEc. 6. Tlhe terms "~ President ", "Act ", and "Administrattor ", as
used herein, shall mean respectively the President of the United
States, the National Industrial Recovery Act, and the Admlinistrator
under Title I of said A4ct.

AnnICLE III-HOURS

SjECTION 1. floutr8.--On and after the effective date, except as here-
inafter set forth, no employee shall work or be permitted to work
in excess of forty (410) hours per week averaged over three months'
periods; or in excess of forty-eight (-18) hours in any one week or
in excess of six (6) days in any one week, or in excess of eight (8)
hours in any twenty-four (24) hour period.
SEC. 2. The maxlmum hours specified in this article shall not apply
to salesmen when earning more than $35.00 per week, emlployees
engaged in professional, executive, admiinistrative, or supervisory
work when earning more than $35.00 per week.
The maximum hours specified in this article shall not apply to
watchmen. On and after the effective date, no watchmen employed
in this industry shall work or be permitted to work in excess of







twelve (12) hours in any 24-hour period, or in excess of 64 hours
in any one wPeezk. The maximum hours specified inl this article shall
not apply to firemen or to plant engineers, who shall be permitted
to work not more than 2 hours a day in excess of the mn ximum hours
prescribed in. Section 1 of this article. The mraximlum hours pre-
scribed in this article shall not apply to truckmen, shipping clerks,
plant-maintenance crews, and those engaged in cases of emergency
wcorki requiring the protection of life~ or property. Such~ employees
sh-all wclork not more than six days in any one w~eek, no~r mnore than
48 hours in any one week, and shall be compensated at one and one
third times their regular rate of hourly pay for all timle worked in
excess of 8 hours in any 24-hour period.
SEC. 3, TOtal aOzcr8--RO employee shall. be permitted to for~k for
a total number of hours in excess of the number of hours prescribed
herein for each week and each dayp, whether employed by one or more
employers.
ARTICLE IV--WAGEs

~EC'TIONl~ 1. R##68 Of Pay.--(a) Except as hereinafter set forth,
no employee shall be paid at less than the rate of thirty-eight. cents
pe~r hour, except that in th~e states listed below where the established
rate of pay for the same class of work on July 15, 1929Y was less than
thirty-eight cents per hour, the hourly rate shall be not. less than
that of July 15, 1929, and in no event less than thirty cents per hour.
(Alabama, Arizona, Arkansas, Florida, Georgia, K'entucky, Louis-
iana, Mississippi, New Mexico, North Carolina, Ohio southth, Okla-
homa, South Carolina, Tennessee, Texas, Virginia, Wlest Virginia.)
(b) The amounts by which hiourly wage rates in the higher paid
classes of employees exceed~ed wages in, the lower pa.id classes of
employees on July 1, 1933, shall be at least maintained where equit-
able, having in view the then existing differentials in hourly wage
rates.
(c) The foregoinlg paragraph (a) establishes a guar~anteedl mini-
mum rate of hourly pay, regardless of whether the employee is com?-
pensated on the basis of a time rate or on a piecework performance.
(d) N~o employer shall reclassify employees so as to defeat the
purpose of the A~ct.
(e) All employers in the industry shall post in their quarries
and/or mills or places of doing business, copies of' the minimum w~age
and maximum hour provisions as set forth in this Code.
SEc. 2. Privrileged -Emiployees~.-E employees who by' reason of old
age or physTical infirmities are inc~apab~le of normal productive effort,
may be compensated at a rate not less than eighty (80) per cent of
the foregoing mlinimuml rates of pay, but thle number of such em-
ploy~ees shall not at any time exceed eight percent (8%~) of the total
number of employees.
SEc. 3. Salatried Empl~oyes.--No accounting, elerical, office, or
other employees paid on a regular weekily or monthly basis shall be
paid at less than the rate of $14.00 pefr week ; excePt that office p
pr~entices (for a period not tio exceed six (6) weeks mn t.he Indlustr)
offce boys, and office girls paid on a regular weekly or mont.hly basis
may be paid not le~ssthan eighty percent (80%) of the minimlum
werekly rate pr~ovidled in this section.







SEc. 4. Area Agreements.-M~linimu~m rates of wages and maximum
hours of labor may be established nationlally or for a region or local-
ity by mutual agreements reached t.hroughl bona fidle collective bar-
gaining between representative national, regional, or local groups of
employers and employees. In no event shall such miinimumin rates
of wages be less than those established in this article, nor shall suich
maximum hours of labor be mnore than those establisihed in Article
III of this Code. Such area, agreement shall be effective uponi
approval by the Presidlent after iiuch notice andl hear~ing, as he mayS
require.
AnTICLE V'T-GENERAL LABOR ROI'a).SIONS

SECrIFION 1. C~ild Labor.--No person uindler sixteen (16) years of
age shall be employed in this indunstry, nor anyone undter eighteen
years of age at operations or occupations hazardous in nature or
detrimental to health. The Code Aiuthor~ity shall suibmit to the
Administrator before January 1, 1934, a list. of such o-cc~upations. In
any state an employer shall be deemned to haver complliedl with this
provision if he shall have on file a certificate or permit. duly issuied
by the authority in such state empoweredl to issue emiploymnent or
age certificates or permits, showing that t~he emnployee is o-f thle
required age.
SEC. 2. Rignt8 Of Labor.--(a) Employees shall have the r~ight
to organize and bargain collectively through representativet s of their
own choosing, and shall be free fromt interference, restranint? orr
coercion of employelp of labor, or their agents, in the d-esignation of
such representatives or in self-organization or in other conlcer~ted
activities for t~he puirposp of collective bargraining or other mnutuial
aid or protection.
(b) No employee and no one seeking emuploymient shall be required
as a condition of employment to join any company union or to refr~ain
from joining, organizing, or assisting a labor or~ganization o~f his own
choosi ng.
(c) Employrers shall comply with the maximumul hours of labor,
minimuml rates of pay, and other conditions of emlplo~ymen t. appr~oved
or prescribed by the President.
(d) Wher~e t~he rates of pay and maximum hours of labor for anly
of the various classifications of workers in the industry are now in
effect by virtue of contracts entered into by collective bargaining be-
tween the employers and the employees, such rates of pay and mnaxi-
mum hours of labor shall be maintained during the per~iodsr covered
by the respective contracts; provided that, t~he rates of p~ay provided
in such contracts are not less than, nor the maximlumn hours of labor
provided in such contracts more than, the mninimumn rates of pay and
the maximum hours of labor established in this Code.

ARTICLE V~I ADMINISTRATION

SECTIOx 1. Code Au~thor2tY.--(a) To further effectua~te thle poli-
cies of the Act a Code Authority is hereby set up to coop~erate with
the Admiinistrator in the administration of this Act.
(b) The National Control Committee of the N'ationial Limestone
Industry, Associated, as that committee is from time to time con-
stituted, is hereby established as the Code Authority for the In-








dustryv. The Government may be represented on said committee
btaye~ ( from 1. to 3) members, without vote, to be appointed by
the dmistrtor Suh governmental representatives will be ap-
pointed for terms of from six months to a year. I~n case more than
one such representative is appointed, the terms of appointment will
be so arranged that they do not expire at the same timle.
(c) Each trade or industrial association directly or indirectly
participating in the selection or activities of the Code Authority
shall: (1) ITmpose no inequitable restrictions on mlember~ship, and
(2) Submit to the Administrator true copies of its articles of asso-
ciation, bylaws, regulations, and an~y amendments when madle thereto,
togJether with, such other information as to membership, organi-
zation, and activities as the Administrator may deeml necessary to
effectuate t~he purposes of the Act.
(d) In order that the Code Authority shall at all times be tru~ly
representative of the industry and in other respects comply with
the provisions of the Act, the Administrator may provide such hear-
ingsas e m dee prperand ther~enfter if he shall find that the
Cod r e Authriy ise not truy representative or does not in other
respects comaplyT with the provisions of the Act, mlay require an
appropriate modification in the method of selection of the Code
Authority.
(e) The Code Authority shall have the following specific power
and duties, subject to the review and disapproval or mlodification by
the ACSdministrator:
(1) To establish such subcommittees and state, regional, or local
committees as it may deem necessary.
(2) To obtain from all members of the industry sworn or un-
sworn, reports, periodically, or as often as it may direct, on wages,
hours of labor, conditions of employment, number of emnployees, or
other conditions in. the industry pertaining to the provisions of this
Code.
(3) In addition to information required to be submitted to t~he
Code Authority, there shall be furnished to governmental agencies
such statistical information as the Admninistrator may dleemn neces-
sary for the purpose recited in Section 3 (a) of the National Indus-
trial Recovery Act.
(4) To submit to the Administrator from time to time such
recommendations, based upon conditions in the industry, as they
may develop, as in its judgment will further effectuate thle policies
of thne Act, or will improve thne operation of this Code or any sup-
plemental Codes proposed or made a part of this Code. Any such
recommendations, when approved by the President, after such no-
tice and hearing as he may prescribe, shall become effective as part
of this Code. The Admninistrator may, if he so desires, submit such
recomlmendartions to the Authority or Aut~hor~ities if and when est~ab-
lished in Codes of the Construction Mlaterials Industry and of the
various functions or subdivisions of thre Construction materials
Industry.
(5) To establish its own rules for the conduct of its own business.
(6) Member~s of the industry shall be entitled to participate in and
share the benefits of the activities- of the Code Authority1 and to par-
ticipate in th~e selection of the members thereo-f by assenting to and








complying with the requirements of this Code and sustaining their
reasonable share of the expense of its administration. The realsonable
share of the expenses of the administration shall be determined by
the Code Authority, subject to review by the Administrato~r, on the
basis of volume of business and'or such other factors as may be
deemed equitable. to be taken into consideration.
()To establish rules, methods, and practices for filing b.idls,
whic upon approval by t~he Adtministrator, shall be used by al lmeml-
bers of the industry.
(8) To coordinate its acts with the admiinistrative agecnev~ if and
when established under the Code of Fair Comlpetition for thle Con-
struction lifaterials Industry.
(9) To prepare and submit, w~ithl the cooperation of thie Uniitedl
States Public Health Service, not later than January 1, 1Y:34, a
report on hazards affecting employees in the industry, w~ith~ recom~-
mendations for their improvement. or correction, which r~ecommllendal--
tions, upon approval by the President, and after such hearings as he
may prescribe, shall become effective as part of this C'ode.
SEC. 2. The Code Authority is directed to cooperante w\ith the
Administrntor as a planning and fair practice agenicy for the lime-
stone industrya. The Code Authority may from tim~e to timre present
to the Administrator recommlendatltions based on cowrlitionij il thle
industry as they may develop from time to timne which~ will tend- to
effectuate the operations of the provisions of this C'ode andl the
plicy of the National Recovery Act and ining pae :nrticular along~ the
1. Recommnenda~tions for the requirement by the Adlminiistrator
of registration by members of the industry of their prDuc~iltiv.e
machinery.
2. Recommendations for the requirement by thie Adminiistrantor
that prior to the installation of additional prodluctiv-e machinlery by
persons engagedl or engagring in t~he limlest~one ind~ustry, except for
the replacement of obsolete or retired mlachinery, such pe~rsons shall
secure certificates that such installation w~ill be consiistenlt with ef-
fectuating the policy of the National Industrial Recovery Act dur-
ing the period of the emergency.
3. For the granting or wFithholding by the Administr ato- r o~f suich
certificates as so required by him.
SEC. 3. Supplemental codes may be submiitted to the Adlminiistra-
tor by subdivisions of thie industry through the C'ode Auithoriity
established herein or through the Code Aluthority established by the
Code: of Fair Comipetition for the Construction Miaterials Industry,
when consistent with this Code and other rules anid regulations
promulgated by the. President and when within the spirit and pur-
pose of the Act, but nothing herein shall be construed to prevent a
trade association or other representative group from subt-mittingr a
code directly to the National Recovery Administration. Any such
supplemental codes shall provide for miinimumn rates of pay not less
than, and for maximum hours of work not more than, the limiitations.
established therefore in this Codie.
SEc. 4. S~elin~g M~ethode ---(a) The Clode Author~ity shall deter-
mine with the approval of the Administrator a formula for arriving
at. the allowFable cost for the various products of the industry, below
which it shall be an unfair practice to sell.








(b) Any member of the industry selling block and sawedl stone
shall publish price schedules anld shall file the same with t.he Code
Authority or with such agencies as it may designate. Notice of
changes In prices so published and filed shall be given the Au~thority
or its agency not less than six (6) days before such changes become
effecctive. Prices so published and filed shatll be maintained by each
member of the industry filing th2e same.
(c) Members of the industry who both quarry anrd fabr~icate lime-
stone shall charge themselves as fabricators the prices for block
a-nd saw~ed stone which they have filed with the Code Author~ity.
SEc. 5. Trade Pranctices.-The Code ~Authority shall study the
trade-practice provisions, paragraphs (a) to (dT) below, an$ the
operation thereof, and shall make any recommendation from time
to time to the Administrator which it deems desirable for mlodifica-
tion or addition. thereto which upon his approval, after such hearing
as he may prescribe, shall become a part of this Code and shall have
full force and effect as provisions hereof.
(ZL) Collu1sion between the awarding authority and a~ny member
of the industry, or between different such members in preparation
of bids, shall be an unfair mehod olf competition.
(b) Submitting of bids unless and until the awar~ding authority
inviting the bids makes available complete plans and/'or specifications
and other pertinent information in order that the bidder mlay prepare
a complete estimate or bid in accordance therewith, shall be an
unfair method of competition.
(c) Extending of any rebates, refund allowance, discount, com-
mission or service privilege in any form, except to all purchasers
under like terms and conditions, shall be an unfair met~hodl of
competition.
(d) Making or causing or knowingly permitting to be made or
published any false, materially inaccurate, or de~ceptive statement by
way of advertisement or otherwise, wPhether concerning the grade,
quality, quantity, substance, character, nature, origin, size, finish, or
preparation of any product of the industry, or the credit terms,
values, policies, or services of anyT member of the industry, or other-
wise, having the tendency or capacity- to mslead or deceive customers
or prospective customers shall be an unfair method of competition.
ACIRrICIL VII--MomrFICBTno

1. This Code and all the provisions thereof are exp~ressly made
subject to the right of the President, in accordance with the provision
of Subsection (b of Section 10 of the Act;, fromn time to time to
cancel or modify any order, approval, license, rule, or regulation
issued under Title I of the Act and specifically but without limitation,
to the right of the Pre~sident to cancel or modify his approval of this
Gode or any conditions imposed by~ him upon his approval thereof.
2. This Code, except as to p~rovilsions required by the Act, mlay be
modified on the basis of explerienlce or changes in circumstances, such
mlod ifie t~ion to be based on application to the Administrator and such
notice and hearing as he shall speccify), and to become effective on
approval of th~e President.








ARTICLE V~I: -II-ONOPOLIES

No provision of this Code shall be so applied as to permit monop?-
obies or monopolistic practices, or to chiminate, oppress, or discrimi~-
nate against .small enterprises.

ARTICLE IX~-PRI'E INCREASE

Whereas the policy of the Act to increase real pur~chansin power
will be made impossible of conisummiiation if prices of goods and
services increase as rapidly~ as wagesn it, is; recognnizedc that price in-
crease shoulld be dlelayed and that, when. madfe, thle same should, so
far as reasonably possible, be limited to actual incrleases in the seller's
costs.
ARTICiL X--EIDDING PRACTICESI

Wheneer a members or member of the Industry, acting as an
awarding authority, receive comipetitive bidls, such member or mem-
bers of thle Indlustry shall not engage in the practice of "' Bid Ped-
dling." (Note-"" Bid P'eddling is defined as the giving or r~eceiv-
ing or attemlptinga to gaive or receive i~lvnf~tormti true or false, regard-
mng a comlpetitor'~s etimante or bid in order to gain or give an. unfair
advantage.)
ARTICLE XI- EFFECTIVE DATE

Thlis Code shall become effective on the tenth day after its
approval by the President.

















































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