Supplementary code of fair competition for the painting, paperhanging and decorating industry (a division of the constru...

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Material Information

Title:
Supplementary code of fair competition for the painting, paperhanging and decorating industry (a division of the construction industry) as approved on March 12, 1934 by President Roosevelt
Portion of title:
Painting, paperhanging and decorating industry
Physical Description:
8 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Interior decoration -- United States   ( lcsh )
Paperhanging -- United States   ( lcsh )
Painting -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 618-05."
General Note:
"Approved Code No. 244--Supplement No. 2."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004939876
oclc - 63654784
System ID:
AA00006805:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION


S UPPLEMIE NT ARY
CODE OF FAIR COMPETITION



PAINTING, PAPERHANGING

AND DECORATING

INDUSTRY
(A Division of the Construction Industry)


For sale by the Superintendent of Documents. Washington, D).C. - Price 5 cents


Approved Code No. 244--Supplement No. 2


Registry No. 618--05


AS APPROVED ON MARCH 12, 1934
BY
PRESIDENT ROOSEVELT


WE DO OUR PART
UNIV. OPFl F'




U.S. DEPOT' '.
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 19341

























TIhis publication is for sale by the Sulperintendent of Documents, Govern~ment
Printing O~ffie, W~ashington, DOC., and by district o~fficets of the B~ureall of
Foreign and Domestic Commere.
DISTRICT OFFICES OF THIE DIEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala1.: 257 Federal Building.
Bostonz, Marss. : 1801 Customhouse.
Buffalo, N.Y1.: Chamber of Commoerce Building.
Charleston, S.C.: Clamnber of Commnerce Building.
Chicago, Ill.: Suite 1706, 201 North WIells Street.
Cle~e'land, Ohio: Chamber of Commerce.
Dallas, Tex.: Cham~ber of Commeree Building.
Detroit, Micih.: 801 First National Bani :Building.
Hrouston, Tex.: Chamber of Commoerce Building.
Indianapolis, Ind.: Chamber of Comnmeree Building.
Jacksonville, Fila.: Clamuber of Commerce Building.
Kiansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Bllfrloada.
Louisville, Ky.: 408 Federal Building.
Mi~emphlis, Tenn.: 229 Federall Building.
M/inneapolis, Mdina.: 218L Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New Yorkr, N.Y.: 734 Custombouse.
Norfolk, Va.: 406 IEast Plume Street.
Philadelp~hia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commzerce Building.
Portland, Oreg.: 215 New8 Post O~ffice Building.
St. L~ouis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federall Office Building.













Approved Code No. 244--Supplement No. 2


SUPPLEMENTARY COD)E OF ]FAIRt COIMPBETIITION
FOR THEI

PAINTING, PAPERHIANGING AND 'DECORATING
INDUSTRY

A9s Approved on MCarch 12, 1934
BY

PRESIDENTT REOOSEVELT


EXECUTIVE ORDER

SUPPLEMIENTABRY CODE OF FAIR COM,~PETITIOIN FOR TH1IE IPAmrNINO,
PAPERHANGING AND DECOn.\InSo INDUSTRY

A DIVISION O1F TH3E C'rNST'RU;CTIONT( INDUSSTRYP

An application having been duly made, pursuant to and in full
compliance wvith the pr~ovisionls of Tritle I of the Nattional Industrial
Recovery Act, approvedc June 16, 193:3, and p~ursu~nnt, to anld in full
compliance with the provisions of Section 5i of Article VIII of
Chapter I[ of the Code of Fiair Completition for the Construction
Industry, approved January 31, 1934, for approval of Chapter III
of said Code, which. Chapter III is applicable to the Painting,
Paperhagin and Dec~orating~ Division of the Construction~ In-
Yplldustry, an hearings hazving bee~n held therel~on, and the Admilin istra tor
having rendlered his r~epor~t continuing an analysis of said Chapter
III: and of said Code of Fair Comrpetition as mlo(ifiedr by the addi-
tion thereto of said Chanpter I~II, to.gether with his recommendations
and findings w~ith respect th~ereto, and thne Adm~inistra7tor~ havingr
:found that the said Chapter III and the said Code of F'air Com-
p~etit~ion, as modlifiedl by the addition thlereto of said Chapter III,
compl inl all respects with the pertinent provisions of Title I of'
said At, and that the requir~emntst of C~lauses (1) and (2) of!
Subsection (a) of Section 3 of the said Act hav-e been met:
NOW7, TIHEREFiORE, I, F'ranklin D. Roosevelt, Pre~sidernt of
thie United States, pursuant to the authority vecstedl in me by Title I
of the National Industr~ial Rec~over~y Act, app~oved June 16i, 1933,
and othierwise, do adopt andl appr'ove the report, recoinmmndat ions
and findings of the Administrantor and do or~der that the said Chap-
400720---425-67---34 (1)








tier III be and it is hereby approved, and that the previous approval
of said Code of Fiair CTompetition for the Co:nstr~uctionl Indusltry
is hrebymodified to inc~ludle an approval of said Code in its entirety
as modifedtc byT the addition thereto of said Chapter IIIT.
F~iRANKLIN D). ROOSEVELT.
Approval retcommneieded:
Huour S. JoINwSoN,
Admninistvrator.
THIE Wm'EE HOUSE,
March 12, 19341.













L;ETT`ER OFE TRANSMITT1CAL


The PRESIDENT,
T~he Wlh ite HIiou~se.
SmR: TIhis is a report on the Painting, Paperhanging and Decorat-
ing Chopt~er of the Code of Fair Competition for the Construction.
Industry wm7hich w~as approved by you on January 31, 19343, and which
is described as Chapter I.
This Chapter is ~a revision after public hearings conducted in
Washington onr Septemnber 6, 1933 and November 20, 1933, which
hlearings were conducted in accordance with the provisions of the
National Industrial Recovery Act. This Chapter amnplifies Chaptdr
I but applies specifically to Painting, Paperhanging and Decorating.
THE INDUSTRY

Thie Painting, Paperhanging and Decorating contractors are of
major importance in the Construction Industry, in the original con-
st.ruction and also do a great deal of maintenance and rehabilitation.
Th~e types of their work are described by the title.
P'ROV'ISION.S FOR HOURS AND WAGES

With very mlinor exceptions, the hours and wages set for~t.hl in
Chapter I of the Construction Code as apprlovedl byr you on January
31, 1934 are applicable to this Code.
ECONOMY IIC? EFFECT OF THE CODE

Thec Indcustryg gave direct emplloymnentt to approximately 45i8,000
in 1930. It is I~resonable to suppose that with the p>rohibition of
unfair trade practicecs anld thne establishment of uni~formn rates of pay
and h1ourls of work3, that better condcition~s will p~reva:il in this Industry
and that emnployer~s, employees arid the public will be benefite-d.
FINDINGS

Thle Depu~ty Admrinistlnrator in his finl~R report to me on said
]Painting, Paperhanging and Decorating Chapter of the Code of Fair
Competition for the Consftruction Indust ry, as modified by the addi-
tioni ther~eto o~f said Painting, Ptaperhanging g and Decora~ting ~"RChap
ter, having .foundl as hereinl set forth. and on the basis ofalth
p'roceedlingrs in this matter:
In find that:
(0) Siaid P'ainting, Pa~perh1ngrin gc and3 Deccoratingr Chapllter and
saidl Code of Fair Competition for the Cons~itru~ction Industry,, as
mlodifiedl by thte aldd-itionl ther~eto~ of said Painting, Paperha~nging~
and Decorating Ch~apter, is w\sell designee d to promolnte the policies and








purposes of Title IC of the WNtio~nal Industr~ial Recovery Act, in-
cluding removal of obstructions to the free flow of int~erstate a nd
for~eignl comlmere whlich tend to diminish the amount thereof and
wFcill provide for the general welfare by promoting the organlizu-
tion of industry for the purpose of cooperative action among t.he
trade groups, by indu~cingr and maiitntining united action of labor
and management under adequate goenme~l11lnnta anc~tio~ns and super-
vision, by eliminating unfair competitive practices, by p~romoting the
fullest possible utilization of the present plrodlucti~ve capacity of
industries, by avoiding undue r~estriiction of production (except.
as may be ftemporar'nlily requj~lirdc~), by increasing th~e consumplntionl of
industrial andt ag~ic~ulturai l prod~c'ts through~ increasingly~ purc~hasing
power, by r~edu~cing~ and relieving unemployment, by improving
stan1~Hldars of labor, and by othlerw\i-e reniiaigindustry .
(b) Said Painting. Paperhangingllt a~nd Dv~or~atingr Chap~terl and
the CodLe of Fair CompeI1)titionl forf flth Construction Industryv, as
mnodified by the adlditionl thereto of mnid Palinting, Pape-rhi~aingr n
and Decorating Chapl~te, as alpproveder, compnlies in all re~lspec~ts witht
the per~tine~nt plrovi-ions of said Title of said Act, including without
limitation subsection (a) of Set~fionll 3, Subsection (a) of Secctitr 7 ,
and subsection (b) of Section 10 thereof ; and that .thfe app!licant.
association is an industrial assoc~iation truly r~epresenrtative of th~e
aforesnid~ Industry; and that said association ipnposes no inequlitable
Iestr~c~ictins on admission to membership theremn.
(c) Said Painting- Pap~erha~nging and Decoranting Chanpter and
the. Code of Fair Compnletition for the Construction~ Induhtry, as
modified byv thle addition thereto of said Painting, Pap~erhalriging
and Decorating C~hapter, is not designed to and will not per~nut.
monopolies or mlonopoclistic. practices.
(d)\ Said Painting, Paperhangpingr and `Decorating Chapter and
the Code of F~air Competition for the Conlstruc~tion Indlu try. us
modified by the ashllition thereto of said Painting, ]Paperharigfing
and Decor t in IcChap'ter, is not des-ignledl to and will not elimlinalte or.
oppress small enlterpr~ise and will not oplerante to discriminate aga3inlSt
them.
(e) Th~ose engalged in other steps of the ec~onomcll pr:toc~ess have
not been deprived of the right to be heard prior to approval of said
Palinlting, Pa~pe.lnrhanging and D~ec~orntingr Chaplter and of said Code,
as mIodinfiedl "by ~"'the a~dditioln thereto of this Painting, Paper~hanngin
and Decoratmng Chapter thereof.
For these reasons, therefore, I reconulnendl approval of said Paint-
ing, Paperhangingr and Decorating Chapter and said Code. as m~odli-
fied by the addition thereto of said Painting, PaperhusnIgine andl
Decorating Chnapter thereof.
Res pc ct fully,
Huan(3 S. JouSSomN
MARCHs 10, 1934. Amnsrtr













CHAPTER 111


PAINTING, PAPERHANGING- AND DTECOIRATING D)IVXI
SION OF THE C'ONSTRUtTCTION INDUSTRY~

ARTICLE I[--DEINITIONS

SECTION 1. The terml~ Painrting, Paperhanging and Decoranting
Division "! or this division "', as used hlerein, inlcludles the service of-
pinnting, woodrfinishi~ng, paperh'anging, and decorating and prepar-
atory wPork incidental theretor and such branches or subdivisions
thereof as may from timne to tlnme be included under the provisions
of this chapter.
(a) The service of paintings andl/or woodfinishing menns the
application of all paint, woodofinishing and painting materials of
every description in and on all parts of new or old buildings and
structures of every kind.
(b) The service of pa~perhanlging and/or decorating means the
application and,'or installation of wallpapers, hlangings and decora-
tive materials of every kind or description. applied directly to the
surface in or on buildings of all kinds.
SECTION 2?. Home-owners and householders, including farmers.
shall not be dleemled to be inlcluded within the definition contained~ in
Section 1 in their performance individually or by their permanent
servants or other help of likeo character on their home. premises of
any services described in such definition~; nor shall any such person,
or any building owner or tenant, -per~formning such services by his
permanent emlployees and not for hire on or in buildings or strue-
tures ownedl or occupied by him, be d~eemed to be included in such.
definition.
The terml permanent employees as used in this section means
and includes any employee w\ho is giiven regular and continuous
employment for a period of not less than (6) six months.

ARTICLE 11-%GES, ITOURS AND CONDITIONS OF EMPLOYMENT

SECTION 1. The follOWmg are exem~pt from. th~e provisions of Sec-
tion 2, of Article III of C~hapter l of this Code relating to mnaximumn
hours:
(a) Outside salesmen and outside estimantors.
(b) Executiv-e, admlinistrative or suipervisor~y employees whose
fixed salaries are in excess of thirty-five dollars ($85.00) per week.
Supervisory employees are defined as those who perform no manual
work.
(c) Watc'hmenl who mayv be permnittedl to wFork not in. excess of
fifty-six (56) hours in an)~ weekr or in excess of six (6) days in1 any
week.









SECTIO)N 2. (a) W~ages dlue shall be payaS~ble weekly in lawful cur-
rency or its equlivanlent in the form of a nlegotiable check, payable at
par.
(b) Employers and their agents shall accept no rebates, either
directly or incirec-tly on suchn wnges, nlor give any~thingo of va~lue or
extend favors to any person for the purpose of inlflue~ncing rates of
\\g1es of thelcir employees.
SECION~r 3. Any employer shlll be subject to the app~licable maxi-
nam hurl lmiationls provided in this Code in the p~erformannlce
by him of manual labor or mechunical occupations customar~ily
performed by employees.
SEc~rox ~4. Ev\ery3 emplol~~yer shal lake r~ea onable proc.visio~n for
the safety andl health of his employees at the place andc dluring the
hoursl of their employment.ll Stanldards for safety andl health shall
be submitted by the Cllodle Authority to the Admclinistrait or. within
three (3) months after the effective date of this Cod~e.
SC~cenos 5. Within thir~tY (30) days of the-approval of this Code,
all empllloyersl subject to its conditions hall71 post inl a con)lspiCuous1
pinee in thleir retspect~ive shops andl other places they are doing
worki complllete copies of Chlap-terl I-General Pr~1ov-isions for the
Construction TIndustry'\ and of this Chapter of this Codle.
ARTICLE III--ADM!I NI STRATIrO

Sixc Iliox 1. A Div.is~ional Code Author~ity is herecby cons~titutedl to
adlminister this Code within this D~ivision. Thle Divisio~nal C'ode
Aurthlority shall consist of ten (10) individuals, or suelch their number
as may be~ approved frontll time to time by the Admninistrator.
Seventh (7) members of the Divisiona~l Code Author~ity' shall be
memblllers or rIt1:1eprese~ntatives of the Interlnatio nal Society of 1\Inster
Painters and Decorators, Inc., appointed by the Executiv-e Board of
said Society, to cterve for ftermls of nlot more than. one (1) year.
The three (3) r~ema~ining mr~em'bers of the Divisio~nal Codle Au-
thority shall be inlitialivY telecited~ by~ the said~ Execultiv-e Boardl of thle
said Society fromt mlellrters of this Divrisio~n who areI not mlembhers
of t~he said Society, each of said three (3) initially se~lectedl members
to be approved by the Administtrato and to serve for a termn of not
more than one (1) yearn, or until he or his successor shall have been
selected, by a method of selection satisfactory to and app~l~roedl by) the
Admlinistrantor, by~ the members of this D~ivision whoe ar~e not thlen
members of the said So<-~iet v.
SECTION 2. In1 addition to the: powers and~ duties con~ferlred upon
it, pursuanflt to Sec-tionr 2 of Su~division B of Article I\' of Chapter
I of this Code, thne Divisional Codet Authority shall b~e elpoweretd:
(a) To make recommendations to the Adm~inistratorl for the co-
ord1i natrlio il of provisions of this ChlapIt er, a nd its 7dmnli n ist r t ion, w i th
the provisiolls and admlli nIist at ion, of any other code of fair
compe.titioni that may be related to this Division or its members.
(b) To cooperate with the Atlministraltor in r~egulatingr thle use
of anly N.R.A. ins'ignia~ solely by those members of this d.ivision w-ho
have aen~tedrt~ to, and ar~e complying with, the p~rovisions; of this C'ode
ats it applies within this dfivisio~n.









ARTICLE IV--FA rn TRCADE "PRACTICET RECULrATIONS

SECTION 1. Thre following rovc\isions are adopted as rules of fair
trade practice for members of th~is division, and any vriolat~ion. of
said rules shall cornsftitulte an unfair method. of competition andl a
violation of this Code:
(a) No membller of this dlivisionl shall sell goods or rendler services
at a, price which is below the reaso~c nable estimate of the sum of the
following itemls of cost:~
1. Malterials
". Labor
;3. Job~ Expense
4. General~ Overhlead
The Ilabor item, of cost shall inc~ludle, in respect of labor: services or
operations performled by any individual mlembetr -of this, division, or
any combhinationm or assc~ciation of such in~div~idual members, a charge
computed at not, less t~hanr the minimuml rate of wagce established ini
or pursonn"t to this -Code as applicable to the perfor~mance of such
services or operations; by em-ployees.
Job expense shall included all costs which can properly be charges
directly to individual jobs such as transportation and delivery of
mater~ials, mlen and equipment; compensation and public liability
insurance; code admriinistration~ expenses chargeable to the job; and
an appr'opr'iate allowance for the depr~eciation of special senaffoldinga
and eqluipmient (brus-hes, dropcloths, etc.).,
General overheard shall include, offce rent annd expense, all depre-
ciation on equipmlent, not included inr job expenses, dletermin edl on the
federal income taxu basis, suipervision, unnesiganable transportation
expense, and2 other actual expenses not d'irectl$ char~gea.ble to job. It
shall Inot include~ profit, accounnt ingc Slo~sses selhulg andl administration
expense, any r~et~r~n on inve~stied capit-ta or interest on borrowOedI
Thle Divisional~ Codte Aurthority, with the approv~al of the Adtmin-
istrator,? shall dleter~mine the lowest reaso:lnable percentage of over-
headl co-sts d2uringf the p~er~iod' from 199-7 to 19532, which percentage
shall be ulsedl in the foll~rmlal specified above. Until such time as this
percentage of overheadl be determlinedl, it shall be assumed at ten;
percent (10%}) of Hlabor, material anad job expense,
(b) No member of this dlivision shall produce or deliver products
or ompllete contracts, which do not conform to specifications, samn-
ples submitted, or representations made prior to securing the orders,
without the conlsenzt of the purchasers.
(C) No member of this dlivision shall make any secret payment
or allowanc~e of rebates, recfunds, commissions or u~nearnedl discounts,
whether in the form of money or otherwise or secretly extend to
certain p~urchasers special services or privileges, not extended to all
purchasers under like sterns and conditions.
(d) No member of this divisio~n shall give, pe~rmite to be ~given, or
dlirectly offer to give, anything of value for the purpose of influenec-
jng or rew'dnedn the nation of a~ny employee, agent, or representative
of another in re~lation to the business of the! employer of such em-
ployeeo the p~rincipa~l of sucrh agenlt. or the r~ep-re-ent~ed party, without
the ktnowledlge of such employer, p~rincipal or parlty. Commercial









bribery provisions shall not be construed~ to prohibit free and general
distribution of articles colnunonly used for adver~tising except as far
as such articles are actually used for commercial bribery as hlerein-
above defined.
(e) Wh1ere neccur~ate estimates, sketches, designs or plans are desired
for information only, a reasonable fee or fees shall be charged to t.he
parties receiving them.
(f) ~No member of the division. shall sublet (whether by the practice
known as lumping of labor or otherwise) to any jour~neymlan or
other employee, the labor services required by~ anyr con~trlct for wor~k
within this division.

ARTIcl.E V--REFERENCE TO PROVISIONS OF CIHAPTER I

The provisions of Sections 7 (a) and 10 (b) of the Act, which are
set forth in Sections 1. and 6 respectively of Article V'III of Chapter
I of this Code, are specifically incorporates hereinl by preference withl
the same force and effect as i~f set forth herein in full; all other pro-
visions of Chapte~r I of this Code, except as herein providedl, apply
within this division with the same force and effect as if set forthl
herein in. full.

ARTICLE VI--REVIEW or ACTS OF THE CODE ArrrHORIrY

If the Administrator shall determine that any actions of the Divi-
sional Code Authority or any agency thereof may be unfair or unjust
or contrary to the public interest, the Administrator may require that
such, action be suspended to afford an opportunity for investigation
of the merits of such action and further considteration by the Divi-
sional Code Authority or agency pending final action which shall not
be effective unless the AIdministrator approves or unless he shall fail
to disapprove after thirty days' notice to him of intention to proceed
with such action in its original or modified form.
ARTICLE VII--MODIFICATIONS

Subject to the provisions of Section 2, (c) of Article IV, B, of
Chapter I of this Code, the provisions of this chapter except as to
provisions required by the Act, may be modified on the basis of
experience or changes in circumstances, such modifications to be
based upon application to the Admninistrator and such notice andi
hearing as he shall specify, and to become effective on his approa\l.
ARTICLE VIII-iFFECTIV~E DATE

This Code (Chapter I and this Chlapter) shall become effective
within this Division. on tlhe tenth (10~th) day after the approval of
this Chapter by the Presidfent.,
Ap~provedl Code No. 244--Supplemuent No. 2.
Re~gistry No. G18-05i.









































































































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LIIIIVER SIT Y OF F LORIDA

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