NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
CONTRACT RS' INDUSTRY
Poer ale by the Superintendenot ofuens DoumnsWshington, D. C. - Price 5 cents
Approved Code No. 244--Supplement No. 21
Registry No. 308--02
AS APPROVED ON APRIL I, 1935
WE DO OUR PART
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1935
This IDublicntion is fosr sale by~ the Supe)FrjiCntlenden of DocMuments, Goernmttent
Pryint ine~ OPfile, Wa~shington, D. C'., and b y th~e f.-ll.il-\ingr N. R. A. oriclers:
A~tlantar. (:'.: 862 Cfitizen~s &i Southlert; S:illna~l Ban1k. Bu~ibl~ing.
IDirmiiunr. unnAla.: 201 Liberty iNational Life Uniildinig.
Bo0ston. 1:;l .: Rooml !. ~.I 80 Fedeclral Street.
Chzicago, Ill.: Riooma rr0. 400 Nrort~h M~ic~higanl Avenue.
Cleve~land, Ohio. : 5C20 IUnlkle~ Builfding.
Danllas, Tex.: 3212 Republic Bank IDublring.
D~etroit, Mlichl.: 415 News Fedleratl Buildingr.
H~ouston, Tex.: 403 Milami Bulhllli.
Jactksonville, Fla.: 425T Unitedl S~tats Courthouse and Post Office
Los Angeles, Calif.: 751 Fienan al~ Street, South.
Louisville, K~y.: -las Fed~eraI B~uilling;.
Mll~in -.= ~l-.i Minu.: Iiii0 Ronnoke Build~ing.
\Nashville, Tennt.: 4135 Cotton St-ates uildling.
Newarks, N. J.: 434 Industrial O~tice Bluilding, 1060 Broad Street.
Nuew Orleans, La.: 214 Cu;-lalullhu s~..
New York, N. Y.: 45B Broadwsiay.
Oklahomla City, Oklaf.: 427P cComneree Exchange Bluilding.
PhiladelphI`1ial. Pa.: 933 Cllnlrrciai n T~rust Buildingo.
Piittd.nrli'!. Pa.: 401 Law and F~inance Building.
Portland, Oreg.: 40'7 Park Bulildinlg.
Providence, R. I.: NationalZ Exc'hange Bank B~uildingr, 17 Exehangre
St. L~ouis, Mo0.: Suite 1220, -100J Olive Street.
San FEirancisco, Calif.: Humnbolt Bank Building, 783 Markret Street.
Seattle, W~ash.: 1730 Exchange Buildling.
Approved Code No. 244--Supplement No. 21
SUPPLEMENTARY CODE OF FiAIRt COMPETITION
CORK INSULA1TIONL CONTRI~I~ A CT~'ORS' INDUSTRY[\~ Y
As Approved on AQpril 1, 1935
SUPPLEMIENTARY CODE OF FAIR COMPIMITION FOR THIE CORK INSULA-
TION CONTRACTORS' INDUSTRY
A DIVISION OF THE CONSTRUCTION INDUS1THY
An application hav'ing been duly made, puirsunnt to and in full
compliance w~ith the provisions of Tritle Il of the National Industrial
Recovery Act, appr~oved June ~16, 1933, and pursuant to and in full
compliance with. the provisions of Section 5 of Article VTIII. of
Chapter I of the Code of Fair Competition for thne Construction
Industry, approved January 31, 1934, for approval of the Corkr
Inlsulation Contr~actors's Chapter of said Codie, and hearing having
been duly' heldl thereon and the annexed report on said Chapter,
conntiningnc findi~ngs with r~espect thereto, having been made and
directed t.o thle Presid~ent:
NOW, THEREFORE, on behalf of the President of the United
States, the National ITndustrial Recover~y Board, pursuant to au-
thorityv restedl in it by Executive Orders of the Pr~esident, including
Executive Order No. 6859, and otherwise, does hereby incorporate
by' reference snide annexed report and does find that said Chapter
complies in all respects with the pertinent provisions and will pro-
mote the policies and purposes of said Tit~le of said Act; and does
hereby order that said Supplementalry Code of Fair Competition be
and it is hereby approved.
WtATIONAL INDUSETRIA\L RECOVERY BOARD,
ByT'WF. A. HAnnRI~AN, AqdmljiniStrative Officer.
Approv~al recommended :
Ronr. N. CAMPBELL,
Acting Divuision. Admninistrlator.
WasmwNGoNo, D., C.,
125752 0---1749- 1 -----35 1
REPTORTL TO THE PRtESiIDENT
The WhJ1ite HoweLS.
SmR: This iS a report on the Cork Insulation Cont~ractors' Chapter
of thle Codie of Fa'ir Competition for the Construction Industry,
whlichl is dlescribedr~ as Chaplter I and wh~fich was approved by you on
Januzr~y 31, 1934.
This C~hapter is a revision. after a Public H~enringr conducted in
Wazshington on Augrust 3, 1934, in accordance with the provisions of
the National Indu~strial Reco-er~y Act. This Chapterl amplifies
Chapter I, but applies specifically to the Cork Insulaltion Contrac-
to~rs' Division of the Construction~ Industry.
PHOUl~SIONhS FOR HOUI~RSc AND tWAGES
With thle exs(cep-tion of the inclusion of an overtime rate for all
hours worked by,~ employees of this Indulrstry in exc~ess of the daily or
weekly maximumn w-hen performing emergency work, thle hour and
wage prov'\isionsr set fo~rthl in Chapt~er I of the Conlstrulction Code! as
approved\C'' by you on1 January 31, 19:341 are appllica~ble to this Ch~apter.
ECON'OMIC EFFECT OF THE CODE
Estimnat~es mad\(e by\ the Divisiion of Researchf andt Planninlg indicate
thant thle nmnber~t'l of employees in this Division of the Consltrulction
Induslztry diclcrasedl from approximately 4~,fKIll in 1920D to 1,600 in 1933.
It is reas7onable~ to predict thant t~e. estab~li.shnelntt of uniforms rates
of pay, uniform hours of work, imp~rovred cond~itiorns of employment
andlc the prohibition of unfIair trade practleesF will h~e benetfic-ial to
all of this Industry, as well as to ~thlte employees and the consumers..
The Deputy Adm~inistrator in hlis final report ito the N~ationatl
Indusrtrin1 Recoveryr 5 Board on said- CodLe having found ais h-ereinz set
fourth andr on the basis of all the proceedings in this mat~ttier;
The National Industrial Recovery\ Board'c find~s that.:
(aL) Said Code is wepll d~esigned Uto promoted the policies~ and pur-
poses of TCitle I of tle TNationadl Industrial Recovery Act, including
removal of obstructions to the free flow of inltestatel and for'eign)
commerce which tend to diminish the amount thecriof aind will pro-
vide for the general wrPelfare byv promoI;:tinlg the or~ganization of in-
dustrly for the purpose of coope~~~trativ action amlong~ trade groups, by
inducingi and maintaining united action of lahor anrd management
under adequate grove~nrninentnI sanctions and1 suipervision by eliminat-
ing unfair enin prletitive practices, by promoting the fullest, possible
utiiilzation otf the present productive capacity of industries, by avoid-
mng ulndue restr~ic~tion of prodin-l.tionl (exsccpt as masyr be temporarily
requ~ired) by inlcrea~sing~ the comminpllltion of industrial and agr~icul-
tural pr~odu~cts through inecreasing purehavl~ling~ power, by reducing
and rel ieving uinempnloyme~nt, by improvinga ~tandrds:1r~ of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployee, and is not classified by the National Industrial Recoverly
Boardl as a major inldustry.
(c) The Code as approv\edl complies in all respects with the per-
tinlent pr~ovisions of salid Title of said Act, including withoc-ut limi-
tation, sulbsection (a) of Se~ction 3, subsection (a) of Sectioln 7, and
subsec~tion (b) of Section 10 thereof ; and that the applicant as-
soc~iation is an indlustrial associationl truly r~epresentative of the
afor~esaid Industry; and that said association imploses no inequitable
restr~ictionls on admission to membership theremn.
(d) Thle Code is not designed to and will not permit monopolies
or monopolistic practicels.
(:e) The Code is not designed to and will not eliminate or oppr:less
small enltezrprises and wvill not operate to discriminate againstthm
(f) Those engaged in other steps of the economic process hn ve! not
been dleprived of the right to be heard prior to approval of said Code.
For t.hesre. reasons, therefore, the NJational Industrial Recovery
Boardl has approved) said Cork Insulation Contractors' Chapter of
the Code of F'air Competition of the Construction Industry.
For the Nationlal I~ndustrial Recovery Board:
WV. A. H~ARRI-MAN,
A dinltrist,rative Officer.
APRIL 1, 1935.
SUPPLEMEINTARY CODEIi OF FAIR COMPETE TITION FiOR
THEE CORKM INSULATION CONTIR ACTORS' DIVISION
OF Tr'HEfr CONSTRUCTION LINDUSTRY
Se~'l'crmw 1. Th'le term Colirk Insulation Contr~actors' Div'ision "' or
(L this Division :) as used~ herein mecans the, contr~at ing for hire, either
by dlirct or sub-contract, to furnish and erect; cork and/or rock
cork~I installation to the interlior and/or exterior surrfllres of buildings
in. which it is intendedc( to manintain rdtrmndtmprtrs
incldin th inulaionwit inidetalcc-nstruction of all separate
rooms within the bu~ildting in wNhich a precdete1irmined temperature is
to be mraintainedl, and incIluding~ also all other surfaces, except where
su~ch wn k~l~ on suc(h other surfaces is by established custom performed
as a pa~rt of the workl of another division of the Construction Indurs-
t-ry~. This D~ivision d~oes not inc~lude~ th~e insula~tion of presidential
buildings to prevent the transrlfer1 of heat.
ISiEr.~S 2, Assboc'liatio .--The term "Associat-ion as used herein
is dlefinedl to mean the Cork Insulation. Colnt ra;ctors.-' N~iational Asso-
ciation ":, a trade association of members of this Division.
SECTION 3. For the purposes of this C~hapter, t~he term "Adminis-
trator "?, ":Administrat~or for Industrial Remi~o-clry", or equivalent
termls as used in Chapter I of this code as adopted herein, shall mieani
such person or persons, board or age~ncy asc may frml time7 to times
be emnpoweredtc to administer th~e provisions of Title I of the National
Industrial Recovery Aict pursuant to delgc:atio:n of authority by
the President under Section 2 (b) of said Ahct.
ARTICLE II--REFE~RENCE TO PRovIslowUs or CHAiPTER I AND TO ISIAN-
DATORY PROVISIONS OF. THE ACT
SECTION 1. Reff~lr,, my to Provisions of Cha~pter I.-All the pro-
visions of Chapter I: of this Code, including~ any nllneldmlentfs
thereto, or modification thereof, except as herein specifically pro-
vided, ar~e cpecifirellyll incorporated herein with the same force and
effect as if set forth herein in full.
SECTION 2. Latbor Provi;sion.< of the Alct.--Employees shall have
the right to organize and bargain collectively through representa-
tives of their own choosing, and shall be free from. the inter~fer-
ence, restlraint, or coercion of employers of labor, or their agents,
in the designation of such representatives or in. self-organizationt
or in other concertedl activities for the purpose"~i of collective batr-
gaining or other mutual aid or protection; no employee and no
one seeking employment shall be required as a condition of employ-
ment to Jomn any company umion or to reframn from joinmng, or-
ganizing or assisting a labor organization of his own choosing;
employers shall comply with the maximum hours of labor, mimi-
mnuml rates of pay, and other conditions of employment appr'ov'ed
or prescribed byr the President.
SECTION 3. PresRidential Powers.--This Code, and all the pro-
visions thereof, are expressly made subject to the right of the Presi-
dent, in accordance~ with the provisions of subsection (b) of Sec-
tion 10 of the ~Act, from timer to time~ to cancel or modify any order,
approval, license, rule or regulation issued under Title I of the
Act and specifically, but without limitations to the right of the
President to cancel or modify his approval of this Code, or anly ad-
ditions thereto or conditions imposed by him upon such approval.
SECTION 1. D9iZ/820#87Q Co~de Authority.--A Divisional Code Au-
Dthorit y is hereby constituted to administer this Code within. this
(a) Association. Mem)~ber.- The~h seven members of the E~xecutive
Committee of the Association shall be the seven (7) Association
]Memnbers of the Divisional Code Authority to serve for a term of
onle (1) year or until their successors are appointed by the Board
of lDirectors of the Association.
(b) Non-Associatio~n M'enaber)s.-Iln addition to the Association
MZembers provided for above, there shall be two (2) members of the
Divisional Code Authority to replresent. members of this Division who
are not members of thne AIssociation. These two members shall be
selected on a fair and representative basis from, and to represent,
members of this Div~ision who are not members of the Association
by a method of selection satisfactory~c tome andl aproed bythve N
tional -Industrial Recovery Board. Sc ebr hl eapoe
by thle Nat~ional Industrial R3ecovery 1Board before taking office. In
the event of failure of such members of this Division to select such
members olf the Divisional Code Authority within. a time, or in a
manner satisfactory to the National Induxstrial Recovery Board,
they are to be ap~pomnted by~ the NEatfional Industrial Recovery Board.
Each non-Association member of the Divisional Code A~uthority
shall serve for a term of one (1) year or until he becomes a, member
of the Association or until his Siuccessor shfall haves been appointed
by the National Industrial Recovery Board, or elected by members
of this Division who are not members of the Association (at an
election, the manner and mlet~hods of conducting which are sat~isfac-
tory and approved by the Niational Industrial Recovery Board),
whichever of said period shall be the less. Each such member shall
serve until his successor shall tak offc.
('c) Vaca-nlese.--Trhe successors, including tfhe, successor of any
member whose membership becomes vacant, of the nodn-.Associat~ion
Members may be elected by the members of this Division wh are
not members of the Association, at anl election the manner andl method
of conducting which shall be satisfactory to a.ndl atpproved by the
National Industrial Recovery ~Boarl. I event of failure of thze
Ironr-Ass~,ociation Membllers o~f this Division to hold suchl electionlsj thel
successors of the non-Amneinttionl MIembersl~ of the Divisiional Cod~e
Au~thor,~ity shall be appointed by the Naltionral Indrustr~ial Recover~y
(d~) Remzovala.--Any Inlrllembe of the Divisional Code Auth~ority
mlayy be removed at any time by the app~ointingl agency3 or th~e agency
which hras power to select his successor, :iubjec~t to the aIpproval of
the Na~tionlal Industr~ial Recovery Board.
(e) Each1 trade or indus~tr~ial uss~c~iation directly or indirectly
p'articip~ating in the lectlionl or activities of the D~ivisional Code
Authlority sh~all. impose no inequitable restrictions upon mecmbership.
SECT ION, 2. Powersr an Dutics~.-Sc~ubjcrt to such rules atnd regurlal-
tionls as may be issuedrl by9 the National Industr~ial Recoveryl3 Boar,~
the Div'isional; Code Author~1ity .-l1hull have as a part of and in adldi-
tion to thre powers andt duties conferred upon it by Chapter I of
thiis Code,. the following powersL'~ and ditties:
(,a) To insure the execution of thet provisions of this Code and to
prov'\idei for the compliancee of ther InduslLtry with the provisions osf
(b) Croordlination w~ith others) Colex.--To make1~ r~co,11nunendaltion s
to theC Nationllll InduIstrial Recovery Boardl for the coojrdin atiol -of
prov'\isions of this Chap~-ter, and of the administration of this Code
writh suchm other Codes as mlay be ri;llated to this Division or a~ffe~ct its
( c) Tnrade, Purct I:ice Comm)Zifittee.--To appo i nt. a t radle p rac t ice com-
Ini~tc tee which shall meet wuith1 the tl:rade practice conun~itt~ee ap~poinltedl
unrzder su~ch och~er Codes or Chapters~- hereof as mnay be related to this
D~ivisjion for the purp'lose~ of fo~rlnulalting fair trade practices to gov-
ern th~e r~elationlship bertwen~c~ members~t- of this Div.isionl andi membulers
of sutch other Colow~c or Chapte~frl S to the end that such fair trade prac-
tices muay be~ pro~posed to the National Indlustr~ial 'Rlcovery B oalrd as
amel~~tlrcndmnt to this c'hater or such other Codes~ or h tr.
(dl) C7o~vt Finding and Adccount~ling.c/-T1he Divisional, Code Aulthlor-
ity shall c~an ec to be formlulatedl methodls of cost finding and account-
ingr :apale"~ of use by all nlmembrs of thse Division, and shall submit
such mnethodls to the Nationatl Indusl~trial Recovery3 Board for review.
I~f applo~rove by' the Natio-nal Industrial Reio\covery Board, full infor-
montion c~nce-r~ning such :mletlodls shall be1 madl(e available to all
miembers'l' of the ]Div.isior. Thlereafter, each mem~ber of thle Divi-
sFion shall iltiizer such mnethiods to the extent foundt prnc~ticable.. Noth-
ing herein c~ontained shall be constr~uedl to permit the Divrisiolnal Code
Authority, any agent t~er~eof, or any nmemlber of the D~ivisionl to
suggest uniform addcitions, pecrcentages~i or dlifferecnt~ials or other
uniform items of cost which are d-esignedl to bring ab~out arbitrary
uaniformnityj of costs or prices.
(e) /EIver y. Bureaus.--To establish or approve, whelln it deemns
advisable, implartial Survey Bur~eauis for definerd local d'istr~icts, for
the purpose~H of providing a corrl~le't, estimated or tabulation of qluanti-
ties of manterials requir~ed on projects in such districts. Any tabu-
lations or estimate of qlualt~ities provided by such a Surv~ey Bureau
mnust be itemized in a manner ~established by trade practice in the
particular district and mnust not be priced. The Divisional Code
Aiuthor~itS shall not establish or approve any such Survey Bur~eau
unless it Is satisfied that such Bureau is fully competent and equip~ped
to fuirniishi t estiuml~teor tabulaitio~n ofl quant~ti~ies her~cin referred~ci
to, amtl all su~ch Sury 7:3 Bureaus~ and their opcr~ating~ eregla~tionls ap-
plroved by the Divil~olonal Code Authlority slall be subject to thec
appova~l of the National TIndustrial Recovecry Board.
(f) Registrction~.-lTo require the regristr~ation of all work1 undrlc-
tak~en by the memcnbers of this Division as here~inl definledl eceed~inlg
five hundreds dollars ($5i00.00) in value.
(gr) The Use of the Alssociation~.-To use thle Association or other
agencies AS it d~eemls proper for the performing of any of its ac-
tivities provided for herein, provided that nothing herein shall
re~ievpe thTe Divisional Code Authority of its duties or responsibilities
under this Code, and' that the ALssclcation andl sulch ageenies sh~all at
all times be sub~lect to and comply w-ith the provisions hereof.
(h) Inr compliance withl the provisions: of Section. 1 of Subdivision
A of Article IV, of Chapter I, to select one of the members of this
Division as a mremzber of the Constr~uction Code Authorityl. Sucli
member shall bei electedl for a term of one (1) year rutiln shis
successor shall have been elected anrd qu~alified h lcto hl
be held on pr'oper' notice to every member of the ]Divisional Code
Aulthor~ity and each of such members shall be entitled to one -(1)
vote. In. order .for any enndidate to be? elected, seven (7) of thet
nine (9) m~ember~s of the Divisional Code Authiorit~y shall have
voted for his election.
SECTION 3. ~Empenzse of Adml1~ili~stratiol.--It beinrr found neces-
sary, in order to support the adlminisjtration of this Pthapter and to
maintain the standards of fair competition establishedl by this Code
and to effectuate, the policy of the Act, thre Divisional Code Authority
(a) Inlcur')ring Obligationes.-To incur such reasonable obligations
as are nlecessary and proper for the foregroingr purposes and to meet
such obligations out of funds which mzay be raisedl as hereinafter
provided andl which~ shall be~ held in trust for the purpose of the
(b) Budlget alnd Basisa of Contr~ibuti zon.-Tro sulbmit to the Na-
tional industrial Recovery 'Board for its aypp~rovl, subject to such
notice and opportunity to b~e heaird as it may deem necessaryy~ (1)
an itemiized budget of its estimated expenses for the foregoing pur-
poses, and (2) an equitable basis upon which the funds necessary
Dto support such budget shall be contributed by members of this
(c) Securinlg ron t7luriutons.--A after such budget and basis of con-
tribution hIave been approved by the National Indust~rial Recovery
Board, to determine and secure equlitable contributions as above set
forth by all such members of this Division, and to that end, if neces-
sa~ry, to institute legal proceedings therefore in its own name.
SECTION 4-. clrefit Of AclivitiL8.--Each member of this Division
hall pay his or its equitable contribution ~to the expenses of the
maintenance of thle Drivisonal Code Authority, determined as herein-
above provided, and subject to rules and regulations pertaining
thereto issued byteNtoa nutilRcvr or.Ol
members of this Divisaiona complyng ith the Coder Band. cotbtng
to thle expenses of its administration as providel in Section 3 of this
Article (unle.s duly exemnptedl from making suc~h contribution), shall
be entitled to participate in the se~lct inln of the Members of the
D~ivisional1 Code Authority or to rece~rive the benefits of anly of its
voluntary activities or to mnake use of any emblem or insignia of
the National Recovery Administration.
SECTION 5. EwTCeSS Obligat~ions..- The Divisional Code Authority
shall neither incur nor pay anyT obligation substantially in excess
of the amount thereof as estimated in i~ts approved budget, and shall
in no event exceed the total amrount contained in the approved
budget, exlcept upon approval of the National Industrial Recovery
Board; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior budget estimates except those
which the National Industrial Recovery Board shall have so
SECTION 6. NOtice Of 2M- -flngR.--Members of the Construction
Code Authority, including the administration members thereof and
the National Industrial Recovery Board, shall be given at least fiv~e
(5) days' notice of, and maty sit at, all meetings of the Divisional
SECTION. 7. Meet~rf~ings of Admninistrcative Agenc~ies.--The Divisional
Code Authority or its authorized representative or representatives
may attend meetings of anly administrative agency established for
ARTICLE IV--Hon~s, WAGES AND GENERAL LABOR PROVISIONS
SECTION 1. Eu:Fut pii'ons.-T._~he following are exempt from the
provisions of Subdivision B of Section 2 of Article III, Chapter I
of this Cod~e relating to maximum hours:
(a) Emlplo~yees engaged in managerial, executive or supervisory~q
capacity regularly receiving more than thirty-five ($35.00) dollars
per week. H-owever, nlo employer engaged in a supervisory capacity
who performs manual labor shall be included in this exception.
(b) Watchmen, who shall not, however, be permitted to work in
excess of fifty-six (56) hours in any one week nor more than six (6j)
days in any seven (7) day period.
(c) Employees engaged in emergency work involving brear-
down or protection of life or property who shall be paid at the rate
of at least one and one-half (~1%) times the normal rate for all
hours worked in excess of the daily and/or weekly maximum.
SECTION 2. Weekly~ Mawim77um,.- No~ employee shall be permitted
to work more thnan six ()dy u faysee 7 a eid
SECTION 3. Employer Compli t oance.- embertln>ls of thi Diviseion.
who personally perform manual wcork or are engaged in mechanical
operations shall not exceed the maximum as to hours and days pre-
scribed herein for employees performing similar work.
SECTION 4. Payment of Wages.--(a) All members of this Division
shall makt~le payment of all wages due in lawful currency of the
United States or by negotiable checkr therefore, payable on demand
at par. If wages are paid by check, the employer shall provide
reasonably accessible facilities for cashing such checks at face value
without expense to tlhe employee. Employers shall also provide
such identification as is necessary to utilize such fa~cilitie~s.
(b) WCagesi shall be payablle at the end3 of e~achl weekly3 per~iodl.
Walges shall bel exempllt fromt any paymenClt for pen'laonlS, insural'lnce orL
s i~ckenefits except such as are voclntril adb empl'o ees. Eml-
player~s or their ageryts shall not n~ccpt, directly or indirectly, ebt
on sulch w\zages or give aIny~thing~ of- value nor exstend~ any favrs,~~ to
any 1person for the purpose of inlftluelc~ing rates of wages~c or working
conditions of their emp~loyees.
(c) The prov~\isions~ of this Section Icregarding paymncrt of wages
at errthve, endl ot each weekly eiodl shatll not apply to per~sonls emiploy~ed
in eecuive admnisratve anrd supervisory capacity who :regularly
earn in exceess of thirtyfc-five ($3.5.00)) dolla rs per week, nor to per-
sons emplIoyedi in elerical1 or office work, T~he wages for persons
emnployed in c~lerientl or office wvorkr shall be payable at least semi-
m on thlyS.
SEcTION 5. 1Evas%.jionl bIY Reemp',~~0! lloyent- N o emlployer shall re-
classify emlployees or dluties of occupations preformedci~ or engage in
any oter subter~fug~e so as to daefe~at the pul,!rposs of the Act or of
LSEcrIow 6.HndcppdPesns- pron woe er~ningr
cap~aci~ty is limited because of age, physical or mlental handicap, or
other infirmityr, ma7y be empl~loyedrc on hight w-ork2 at a wage below the
mrinimum establishedl in this Code if the emplloyer or emplloyeec
obtains froml thle Statef Author3lity designated by th~e Unite~d States
Department of Labor a certificate aut~horizing~ his em~ploymecnt at
such wag~es and for such hours as shall be stated in the cer~tificate.
Each employer shall file monthly with the Divisionall Code Au-
thority a list of all such persons employed bvy him showing the
wages paid to, and ma~ilnun hloulrs of wrorke for such emp~lloyees.
SECTION 7. Safety Staturlards.--Each member of this Division shall
provide for th~e safety and health of his emnplo~ee~s at the phe~ce and
during the hours of their employme~~nt. Standards for safety and
healthl shall be submiittedl by t~heD~ivisional Code Aulthority to the
National Industrial Recovery Board within three (3) months after
the e~ff~ect~ive date of this Chap~ter. After appr~ovall, by the National
Industrial Reco~very ~Board, surch standards shall becomet the mini-
Dmum standards of safety and health for all memlbers of this
SEC"TION 8. Postfing.---A~ll employerss shall post anld kecep posted,
copies of Chapter I and th~is Clhapter of this Code? in conspicuous
places accessible to all employees. Every mrember of the Indurstry
shall comply writh all rules and r~egulations relative to the posting
of provisions lof codes of fair competition which~ may from ~time to
time~ be prescribed by the Na~tiolnal Indlustrial Recovery Bo0ard'.
SECTION 0. Sutbletting Labor Scrvi~ces.--No mnember o this D~i-
vision shall, directly or indir~ectly, let or sulblet to any employee
or emplyrsll h ao evcsrqie yaycnrc eue
by such membd~ol er.lytelbrsrie eurdb n otaescri
In no case shall a msember of thlis D~ivisiion avoid or evadtre it-h
labor provisions of this Cheapter b ucontr~neting~ his workl to any
person or persons subject to labor provisions less str'ingelt thani those
provided in this Chapter.
SECTION 10. D~ismiiSsal or Demot01ion fo~r Complaint~J.-N~o empJloyfee
shall be dismissed or demoted by reason of makn!ing a complllain~t or
giving evidence with respect to an alleged violation of this Code.
SIECTION 11. Gol,l;,,,'r pli0wevoth Ar~ea Agl-rreenv its.-Elach member
of this Division shall be! subject to the provisions of Section 1, Arti-
cle III, Chapter I with rega ed'~ to compliance with terms of Area
Agreements when perftorming workr in an area in which approved
agrEements'"'I: exist cove~jring thle employees of this Division.
ARTICLETi V---FAIR TRADE PRACTICE 7rEGULATIONS
The provisions of this Article (in addition to the provisions of
Article VII of Chapter I of this Code) are hereby established as
rules of fair trade pr1act~ice, and any violation of said rules shall
constitute an unfair method of competition and a violation of this
RULE 1. Inaccura~te Adverti~sing.-- No member of this Divisionl
shall publish advertising (whether printed, radio, display or of any
other nature) which is misleading or inaccurate in anly material
particular, nor shall any inembll~ er in anyr way misrepresent any goods
(includiing but without limnitation of its use, trademark, grade, qual-
ity, q1uantity, origin, size?, substance, character, nature, finish, ma-
terial, content or preparation) or credit terms, values, policies, serv-
ices, or the nature or forml of the business conducted.
RLE: 2. Defamatfion7.--No member of this Division shall defame
a, competitor by falsely im put inglr' to him dishonorable conduct, in-
ablility to per~forml contracts, questionable credit standing, or by
other false representation, or by falsely disparaging t~he grade or
quality of his goods.
RUL~E 3. Secret Rebates.-NRo member of this Division shall
secretly offer or make any payment or allowance of a rebate, refund,
commission credt~it, unearned discount or excess allowance, whether
in the form of money or otherwise, nor shall a member of this Di~vi-
sion sclretly offer or exsttend to any customer any special service
or piviegenot exstended~ to all customers of the same class, for the
RUL 4. Bribing Emnployees.--No nlmember of this Division shlll
give, permit to be given, or offer to give, anything of value for the
purpose-C of influen~lcing or rewarding the action of anyI employee,
agent, or reprewntativati~e of another in relation t~o the business of the
employer of such employee, the principal of! such agent or the reprl?-
seinte~d party, without the knowledge of such employer, principal or
party. This provision shall not be cons~truedl to prohibit free and
general distribution of articles commonly used for advecrtising~ ex-
cept so far as such articles are actually used for commercial bribery
as hereinabove defined.
RUTLE 5. I111ul:;ilj Breach ofe Emiistr~ing Conti~racts.- No member of
this Division shall wilfully induce or attempt to induce the b~leench
of existing contracts between competitors and their customers by
any false or deceptive means, or interfere with or obstruct the per-
formance of any such contr~netual duties or services by any such
means, with the purpose atnd effect of hamperring, injuring or
embazrrassingf com~petitors1 in their bus~riness
RULE 0). IITatlzclsCZ to be used.-A~l~l proposals from members of
this Divrision shall be based on the use o~f new material throughout~
unless o-therlwise clearly stated in the proposal, or off~eredc and
installed as othelcr than new material.
mlitrepresenlt or makecr manterially inlulccurat;e orI deceptive statementsit
iln aymnng 111ler regardring~ any malteria~l and/or wo,I I lrlananship (inclu~d-
ingr but without limnitationl its use, teado mark, grade, qu~ality, quan-
(ity, origin, size, substance, chaeractrr, nature, finlish, mat~leriall con~lf~lten
or preparation) for the purpose of or w~ithl the tenldelc~y or efc\rrt of
mlis endting or dcceti\mga purchasers or p~rospc~ctive! pur~chasers..
`RULE 8. No~ member of this Divisionl shll acccept or give seacuri-
ties! bonlds, mlortgago;es, stocks, promlissor~y notes, or other personal
or real property as whiole or part payment for work or material, at
other than thle fair market v-alue thereof, to be determlined in doulbt-
ful, cases byr independent anid competent appraisal.
RU vLE 9. Rix."ardou l S~peciFicact ionrs.--No memlber of thlis ~Di is ion
shall recommend specifications whichl ar kniowni to be faulty or
h~azardtous from a construction viewpoint, or fail to caution pro-
spective pur~cha~sers against the use of such specifications, or secretly
change specifications in figurling~ estimuates for thle purpose and with
the effect of misleading competitors and customers, or executle any
contract oter than in strict acc~ordiance wFith the construction spe~cl-
fications on! wh~lich t~he contract was erstimlated and secur~ed, unless
changed with the approvFal of the awarding authority and the owner.
RULE 10. Ref~lerce to Sctlionr 9, Artl~icle VII, of Cha~pte~r I.-
Nothing in this Art~kicle shall nullify or affect the application of
Section 9, Article VIIr of C:hapter I ofE this Code to this Division.
Rua ~11. Comnbiati~onl. Bide.8--In the case of combination bids,
or registration thereof, the bid~s for work not in this Division shall
be separate and distinct from adny bid for work within this ~Diviision.
RULE 12., Telrmsl of Paymentn.;-Ench1 members of this JDivision
shall clearly state in eachl proposal submitted, the terms of payment
under which ain order or contract will be acceipted.
The Divisional Code Authorit~y may~ establish termsn of payment
and standard terms for contract workr In this Division, which terms,
upon adoption by th Divisional Code Auithority shanll tralnsmli ttled
to the National Indlustrial Recovery Boar~d for approval.
RULE 15. eO~ibraffull Agrves7eme l.--The -fOllOWing bases of con-
tractual agreements are recognized as fair trade pr act ices: guaran-
tee prce unt pic. Jmpsum, cost of work plus a fee commonlynl
known as ime, andt macerlial contract, and other contractural mnethods
not inimicail to the public interest providing that the, regulations
contained, in this Code are not.
SECTIO)N II. IN1S~petion1 of Records.--Each mlemb~er of thle Divil
sion shall keep accurate and complete records of all estimates of
costs, andl shall furnishl accurate reports based uponl such estimates
of costs when required by thle Divisional Code Authority or the
National Industrial Recovery 'Board. If the ~Divisionatl Code Au-
thority or the National Industrial Recovery Board shall determine
that substantial doubt exists as to thle accuracy of any such reports
or estimates of costs so much of the pertinent books, records and
papers of such umemb as1 may b~e required for the verification of
such reports or estimates "of costs may be examlined by an impartial
agenlcy, agreed uponr between t~he DIivisional 'C~ode Authority and
such members, or, in the absence of agreement, appo~intedr by the Na-
tional Industrial1 Rectovery B3oard. In no case shall the facts dis-
closed by such exam~ilnationl be made available in identifiable form
to any competitor, whether on the Divisional Code Authority or
otherwise, or be given any other putblication, except such as may be
required for the proper administration or enfon-emelnt~ of the pro-
visions of this Code.
SECTION 2. No member of thlis Division shall submit anl est imate~
or bid price on any job without retaining a record thereof.
SECnCTow ;3. EStimaltes.--In the case of a project that has been
serviced by an appr~ovedl Survely Bureaux, it shall be a violation of
this Code to use quantities which when similarly priced woldllt result
in a bid price more than two percent (2%/) lower than the price
based on. the use of the correct quantities or quantities furnished by
the approved Sur~vey Bureau, wlhichlever is lower.
ARTICLE VII--FILING OF UIDS
SECTION 1. (a) De pe,4//olriy fOTr Bici8.--Any member of this Divi-
sion subm~ittingr a proposal on any job amlounlting~ to five hundred
($500.00) dollars or more shall file copies of his bid or bids and all
revisions thereof with such impartial depository as ma~y be desig-
nated by th~e Divisional Code Auzthority or its authorized .Ieplre-
sentative; thle same to be kept sealed and confideential until after the
bids are received and opened, following which the copies of bids
submitted to the successful awardlingr authority may"3 be o~pe-ned by the
Divisional Code Authority or its authorizrd representative and the
successful bidder's and the three lowest bidders' proposals disclosed
to all bidders, and shall be available to the National I~ndustrial
RZecoveryr Board on request.
(b) Each bid, filed in accordance with paragraph (a) of this Sec-
t~ion, shall be accompanied by fee not exceeding one dollar ($1.00).
In no case shall this fee be more than one dollar ($1.00) when
identical bids are submitted to more than one awarding authority.
Thne Divisional Code Aiuthoritly shall use funds so received to p~ay
the expenses of depositing such bids and shall keep account of the
receipts and expenditures, the same to be open to the National Indus-
trial Recovery B~oardl or its representatives, for inspection.
(c) Upon the complaint of any bidder the DIiv~isional Codle
Authority or any local administrative committee appointed by it
shall select a Committee of Re~view, composed of not more than three
qualified persons who were not bidders on the particular job to be
reviewed, one of whom, if possible, shall not be a member of thne
Association. This Committee shall be directed to make such investi-
gation of the bid as will enable it to determine whether this Code
of Fair Competition h~as been violated in the bidding on the job in
question. In the event the Committee of ReviewF shall find that anly
such violation has occurred, their findings on the violation, together
with a sunmmary of the facts upon which they are based, shall be
reported to the Local ACdministrative Committee or the Divisional
Code Authority for such action, as it may deem proper, including in
appropriate cases, with the approval of the National Indlustr~ial
Recovery Board, r~e~port to the Federl~n District Attorney or the
Federal Trade Commission.
Eachl members of this Division w\ith~in thirty (30) ilays afterI the
e~ffetive date of this Ch~apterl, shall register with the D~iviiona~l Codle
Authority. All mlemnbers of this Division wrho may engSage in the
Cork~ Insulationl Contractor~s' Di~vision thereafter shall likrewise reg-
ister with thle Divisional Code Authority. Registration of a member
of this Divlision shall include the full name and mailing~ addcr~ess
of thle mlemlber. An aplication may be made by the DTivisional Code
Authority to the National I~ndustrial Recovery Board for an exrten-
sion of the. time limit for the registration by any member of this
Division if it appears that the time limit as provided herein might
cause injustice or undue hardcship, to anly member of this Division.
ARTICLE IX REVIIEW Or ACTC or DIvISIONAL CODE, AUTHTORITY
If the ~Nationa~l Indlustrial Recoer~y Board shall at anly time de-
termnine that any action of the Divisional Code Authority or any
agency thereof may be unfair or unjust or contrary to the p~ubhle
interest, the Natiolnal Industr~ial Recovery Board may require thiat
such action be suspended to afford an opportunity for investigation
of the merits of such action, and fulrth~er consideration by the Divi-
siona~l Code Aluthority or its agency spending final action, which shall
not be effective unless the National Indust~rial Rtecovery Board ap-
proves or unless it. shall fail to dlisapprove after thirty (30) days'
notice to it of thle intention to proceed writhl such action inl its original
or miodifiedl form.
Subject to the provisions of Section 2, (c) of Article IV, B, of
Chapter I of this Code, the prov-isions of this Chapter except as to~
provisions required by the Act, mnay be modified on thebai of
experience or changes in circumstances, such modifications to be'
based upon application to the National Industrial Recovery Board,
and- such notice and hearing as it, shall specify, and to become effeec-
tive on its ap~proval.
ARTICLE XI--EFFECTIVrE ATE
This Chapter shall become effective within this D~ivision on the
tenth (10th) day after t~he approval of this Chapter pursuan~t to the
provisions of the Act.
Approv~ed Code N'o. 24G-Suppleemen No. 21.
RegisFtry No. 308-02.
UNIVERSITY OF FLORIDA
3 1262 08585 2662