NATIONlrAL REC OVERY ADMI NIS TRATION
CODE OF FAIR COMPETITION
UNIV. OF- FL UB.
For sale by the Supn(erentenetof Documents, Washington, D. C. Price center
Approved Code No. 244--Amendment No. 8
Registry No. 1616-2-31
AS APPROVED ON MAY 9, 1935
WE DO OUJR PART
GOVERNMENT PRINTING OFFICE
Thris pub)lication Is for sale by the .Superintendent of Documents. Government
Prinlting~ Olfirce, Wanshington, D. c.., and by thle follow~ing N. R. A. offices:
A(Inantn, On.: 025i Citizens & Souiitherl n Ntionall Bank Buildling.
Ba;ltimolcre. Ald1.: 130 CuIstomhlouse.
Bo~stonl, Mass~. : f~cloom 1200. 80) F.ederlC'I Street.
Buffalo, N'. Y. : 210 Whitle Buildliing.
Cliengo, Ill.: Itoom 2(H1, 400li Nor1th Rbclieigan Avecnue.
C'levelalnd, Ohiio. : 520r Bulklyc~ Buildling.
Dallas7?, Tex.: 1212 Republie Bankll Buildin~..
Det~roit, MiChI.: 415 Nuew Fedelrall Bulildlingb.
HEouston, Tex.: 4103 Mrilam Buildling.
Jackisonville, Flin.: t20 Unitedt States CoLurthLouse and Post Office
Los A-ngeles, Ca:li f.: 751 Figueron Street, Soulth.
Louisville, Ky. : 4108 Fedral B~ulding.
M~inneapolis, Milnn.: El00 Roanoke Buildlinar.
N;1hvi~ille Tenn.: 415 Cotton States Buiblingr.
PiNeark;, N, J.: 434 Indlustrial Office Buildling, 1600 Broad Street.
Ncv~ Orlenns, ILa.: 214 Culstombouse.
New~ York, N. 1Y.: 45 Brondwawy.
Oklahomail: City, Ok;ln.: 427 C"ommerce ExchangFe Building.
Phin~ladlhiai Pa.: 938 Commercial Trust Building. -
Pittsburghb. Pa. :401 Law~ andlr Finance- Buildingr.
Portland, O~(~re.: 407 Parkr Bulhling.
Providence, R. I.: N~uational Exclhangie Bank B~uildling, 17 Exchange
St. L~ouis, Mo.: Suite 1220, 506 Olive Street.
San F1nranesco, Calif.: Humbolt Bnk1~l Buildling, 785 Mlarket Street.
Seattle, WaVsh.: 17i30 Exchalnue Bulildingr.
Approved Code No. 244--Amendment N'o. 8
AMENDMENT TO CODE OF FAIR COMPETITION
As Approved on May 9, 1935
APPROVING AMENDMENT OF ClODE OF FAIR COMPETITION FOR THE
An application having been duly made pursuant to and in fuill
compliance with the provisions of Title I of the: National Industrial
Recovery Act, approved June 16, 1933, for approval of amendments
to a Code of Fair Competition for the Const~ruction Industry, andl
an opportunity to be heard having been duly afforded to all inter-
ested parties and t.he annnexed report on saidl amendments contain-
ing findings with respect thereto, having been made and directed to
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it byI Execut~ive Orders of the President, including
Executive Order No. 6859, dated September 27ith, 1934, and other-
wise; does hereby incorporate, by reference, said annexed report
and does find that said amendments and the Code as constituted after
being amended comply in all respects with the pertinent provisions
and will promote the policy and purposes of said Title of said Act,
and does hereby order that said amendments be andthyare hereby
approved, and that t~he previous approval of said Coeis hereby
amended to include an approval of said Code in its entirety as
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W~. A. HAnRIm~AN, Administrative Officer.
RotOT N. CAMIPBELL,
Acting Di~viion Administrator.
ABSHINGTON, D. C.,
May 9, 1935.
184944' "1844-21 35
REPORCIT TO0 TIHE PREI:SIDEN1TT
The Wh'lite Hozrse.
SmI: This is a repor''lt '-'verlingb three amlc~llendmnt to thle Code
of Fairnl Compelcttition for the Conxltruction Industry as appr'oved
by yout on Janua;i~ry3 al, 193. Th~e amndmentlllns hiave been duly
sulbmlitted by- thle nationall C~ode Aulthority onr behanlf of the In-
dustry., All thiose initereslted hav-e had nmp~le oppor~tunity to file
objec~tionsi. and no such objections have b~eenI received.
Th~le effect of thte nmendme~llllnt to Section 5 of Ar~ticle III1 is to
p~ermnit the ap~poinltmelnt of an ulnpartial chlairma~n of the Regional
Planning; and Ad'justmentll BoardC, such an implartfial chairman now
bcinlg pr1ohibited. .The effect of the amenldmncl tt to Section 1. of
~Article III is to remlove the present r~estriction that all local re-
gional boardts shall b~e limiited~ to tweo memlber~s representing emn-
p~tlayer~ andl two represenPltingu employees, and to permit such equal
number of r~epresentatives of both emplloyers~ andl employees as
may be dleemledl adv~isblc. The effect of thre secondl amendment
to Scctioln 1 of Article III is to permit joint mlutulal collective bar-
gamingil agreemecnts between t w-o or more divisions or subdivisions.
The ActingF Depurty AIdminiisttoratr in hiis finall report to the
JNational Indtustriai l Re~over1y Board on saidl amneindments to saidl
Code, having foundli as herein set forth and on the basis of the
proceedings in this maltter:
It findsl~ thnt:
(a) Thle amiendmentsn~ to said Code and the Codle as amended
are well desiged~' to prom~ote the policies and p~urpose~s of Title I:
of the plNationni Indus~trial Recovery Alct inlllcuding thle removal
of obstrulctions to t~he frece flow of inters~tate andt foreign commerce
whichl tenld to dimiishiil the amon011t ther~eofI and wvill provide for
the geicne \rallfare by pr~omoting the organization of industry for
the purpose" of cooperat''e ivent~ionl of labor andc managementn under
ntlequalte g~ovelrnmentaln un1ctionl and supern\'Sionl, b>y chmmatmng
unfirif~i compelft'itive~ pract'iC'cs, by prlomloting the fullest possible uti-
lization of thc p~resenlt productive capacity of indus~~tr~ie, by avloid-
ing~ unduell res~triction of ,r~od uct ion (except as mayn~ be temporarily
requillre), by ilc~reasingb the consumpt~llploio of indulstrial and agrri-
('IultI;1 ual poduICtS throught~l inl.LCreasing: purlchasjing power, by reduc-
and1I by o~therw\ise~ rehal~bilitating~ industry.
(b) Th)e Codhe as nmendeac~l c~omplies in all respects with the
pert'inentl poisol.jn~l orf Said Tritle of said Act, including without
limitationi Hubmee~lctinnr (a) of Secltion 3, Subweetlon (at) of Section
7i and Sahlf.sec(tionl (b) of Section 10 th~ereof.
(c) Thc ('od~e cemplowecrs the C'ode Aulthority to present the afore-
(d) The Code as: amended is not designed to and will not, permit
monopolies or monopolistic practices.
(e) The amendments and the Code as amnended are not designed
to and wvill not. eliminate or oppress small enterprises and will not
operate to discriminate. against t~hem.
(f) Those engaged in other steps of the economic process hlave
not been deprived of the right to be heard ~prior to approval of said
For these reasons, therefore, the National Industrial Recovery
Board has approved these amendments to th-e Code of Fair Com-
petition for the Construction Industry.
For the National Industri~al Recovery Board:
W. A. H~anmnarN,
MAY 9 193. Adinisraivefl~~ Olf)cer.
A1\fENDM~ENT TCO coDE~ OF FAIR COMPETITION FOR
THEIii CONSl'TRUrC TIO N INDUSTRYY
Amlend Article III by addinilg to the end of the first paragraph
of Section 1 of Article III thle following:
Nothing herein contained shall be construed to prevent truly
representative associations or groups of emrployer~s and employees
respectively concerned in. two or more divisionis or subdivisions of
the industry by mutual consent from enter~ingi into a joint mutual
Amlend Ar~ticle II1I by dleletingr the second sentence of thfe third
paragraph of Section 1, Article III, reading as follows:
EZ1ach such Board shall consist of two representatives each of
employers and employees of the division or subdivision affected,
selected by thie Administrator from nominations made by such
employers and employees respectively in such manner as thLe Admin-
istrator mayS approve or prescribe, and an impartial chnaiarma named
by the Admini trator from nominations made. by the employer and
employee representatives selected to th~e Board.)"
and subs~ti~ltutngr therefor t~he followingr:
Eachl such. Board shall consist of an equal number of repre-
sentatives each of employers and employees of the division or sub-
division affected, selected by the National Indlustria~l Recovery lBoard
from. nomninations made by such employers and employees respec-
tively in. such mnannler as thet Nlrationral Industrial Recovery Board
mnay approve or prescribe, and an impartial chairman named by the
Natioinal Industrial Recoveryr Board from nomiinations made by the
emnployer and employee representatives selected to the Board."
Am~end Ar~lticle III by deleting the first sentence of the fourth
par~agraph. of Sectionl 5 of Article I[II reading as follows:
Te Nliational Construction Plannling and ALldjustment Board
shall have the authority, and upon its own motion shall establish
in properly defined areas, Regional Construction Planning and
Adjustment Boards, and said Boards shall be composed of an
equal number of members from employer groups and employee
groups, andi it is further provided tha~t there shall be no
dlisinterestedl or impartial chairman of said Regional Boards, it
being p~rovidedl that such Boards shall select from their members
a chlairmann and a secretary."'
and Pubstituting therefor the followCing:
TLhe National Construction P~lanning and Adjustment Board
shall have the authority, and upon its own motion shall
establish in properly defined areas, Regional Construction Planning
and A~djustmnent Boards, and said Boards shall be composed of an
equal number of members each from employer and employee groups
and an impartial chairman."
Approved Code No. 244---Amendment No, 8.
Registry No. 1616--2-31.
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