UNIVERSITY OF FLORIDA
3 1262 08482 9307
3 1262 08482 9307
- _pplement No. 14
Registry No. 1032-1-06
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
PLASTERING AND LATHING
(A Division of the Construction Industry)
AS APPROVED ON JUNE 27, 1934
*i: .. :
.:?' i" .r
I u "* i I
U.S D'r -.-.:7r o-'..v
GOVERNMENT PRINTING OFFICE
r sale by the Superintendent of Documents, ashington, D.C Price 5 cent
r sale by the Superintendeni of Documents, Washington. D.C. Price 5 cent.
WE DO OUR PART
'" ::* .. ..
This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tes.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York. N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.
Approved Code No. 244-Supplement No. 14
SUPPLEMENTARY CODE OF FAIR COMPETITION
PLASTERING AND LATHING CONTRACTING
As Approved on June 27, 1934
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE PLASTERING AND
LATHING CONTRACTING INDUSTRY
A DIVISION OF THE CONSTRUCTION INDUSTRY
An application having been duly made, pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act., approved June 16, 1933, and pursuant to and in full
compliance with the provisions of Section 5 of Article VIII of
Chapter I of the Code of Fair Competition for the Construction
Industry, approved January 31, 1934, for my approval of the
Plastering and Lathing Contracting Chapter of said Code, and
hearings having been held thereon, and the Administrator having
rendered his report containing an analysis of said Plastering and
Lathing Contracting Chapter and of said Code of Fair Competition
as supplemented by the addition thereto of said Plastering and
Lathing Contracting Chapter, together with his recommendations
and findings with respect thereto, and the Administrator having
found that the said Plastering and Lathing Contracting Chapter
and the said Code of Fair Competition, as supplemented by the
addition thereto of said Plastering and Lathing Contracting Chap-
ter, comply in all respects with 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 the said Act have been met:
NOW, THEREFORE, I, Franklin D. Roosevelt, President of
the United States, pursuant to the authority vested in me by Title I
of the National Industrial Recovery Act, approved June 16, 1933,
and otherwise, do adopt and approve the report, recommendations
and findings of the Administrator and do order that the said Plaster-
ing and Lathing Contracting Chapter be and it is hereby approved,
and that the previous approval of said Code of Fair Competition
for the Construction Industry is hereby modified to include an
approval of said Code in its entirety as supplemented by the addition
thereto of said Plastering and Lathing Contracting Chapter.
FRANKLIN D. ROOSEVELT.
HUGH S. JOHNSON,
THE WHITE HosUE,
June 27, 1934.
LETTER OF TRANSMITTAL
The White House.
SIR: This is a report on the Plastering and Lathing Contracting
Chapter of the Code of Fair Competition for the Construction Indus-
try which is described as Chapter I and which was approved by
you on January 31, 1934.
This Chapter is a revision after a public hearing conducted in
Washington on September 18, 1933 which was reconvened on March
27, 1934, in accordance with the provisions of the National Industrial
Recovery Act. This Chapter amplifies Chapter I, but applies spe-
cifically to the Plastering and Lathing Contracting Division of the
PROVISIONS FOR HOURS AND WAGES
With the exception of the inclusion of skilled wage rates, the hours
and labor conditions set forth in Chapter I of the Construction Code
as approved by you on January 31, 1934 are applicable to this Code.
ECONOMIC EFFECT OF THE CODE
Estimates made by the Division of Research and Planning indicate
that the number of full and part-time employees in this Division
of the Construction Industry decreased from approximately 127,000
in 1929 to 23,000 in 1933.
It is reasonable to predict that the establishment of uniform rates
of pay, uniform hours of work, improved conditions of employment
and the prohibition of unfair trade practices will be beneficial to all
of this Industry, as well as to the employees and the consumer.
The Deputy Administrator in his final report to me on said
Plastering and Lathing Contracting Chapter of the Code of Fair
Competition for the Construction Industry, having found as herein
set forth and on the basis of all the proceedings in this matter;
I find that:
(a) Said Plastering and Lathing Contracting Chapter and said
Code of Fair Competition for the Construction Industry, as supple-
mented by said Plastering and Lathing Contracting Chapter, are
well designed to promote the policies and purposes of Tide I of the
National Industrial Recovery Act, including removal of obstructions
to the free flow of interstate and foreign commerce which tend to
diminish the amount thereof andl will provide for the general welfare
by promoting the organization of industry for the purpose of coop-
erative action among the trade groups, by inducing and maintaRning
united action of labor and management under adequate govern-
mental sanctions and supervision, by eliminating unfair competitive
practices, by promoting the fullest possible utilization of the present
productive capacity of industries, by avoiding undue restriction of
production (except as may be temporarily required), by increasing
the consumption of industrial and agricultural products through in-
creasing purchasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise rehabili-
(b) Said Plastering and Lathing Contracting Chapter and the
Code of Fair Competition for the Construction Industry, as sup-
plemented by said Plastering and Lathing Contracting Chapter, as
approved comply in all respects with the pertinent provisions of said
Title of said Act, including without limitation Subsection (a) of
Section 3, Subsection (a) of Section 7, and Subsection (b) of Section
10 thereof; and that the applicant association is an industrial asso-
ciation truly representative of the aforesaid Industry; and that said
Association imposes no inequitable restrictions on admission to
(c) Said Plastering and Lathing Contracting Chapter and the
Code of Fair Competition for the Construction Industry, as sup-
plemented by said Plastering and Lathing Contracting Chapter are
not designed to and will not permit monopolies or monopolistic
(d) Said Plastering and Lathing Contracting Chapter and the
Code of Fair Competition for the Construction Industry, as sup-
plemented by said Plastering and Lathing Contracting Chapter, are
not designed to and will not eliminate or oppress small enterprises
and will not operate to discriminate against them.
(e) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Plastering and Lathing Contracting Chapter and of said Code, as
supplemented by this Plastering and Lathing Contracting Chapter
For these reasons, therefore, I recommend approval of said Plas-
tering and Lathing Contracting Chapter of the Code of Fair Compe-
tion of the Construction Industry.
HUGH S. JOHNSON,
JUNE 26. 1934.
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE PLASTERING AND LATHING CONTRACTING
A DIVISION OF THE CONSTRUCTION INDUSTRY
SECTION 1. The term "Plastering and Lathing Contracting Divi-
sion or This Division means and includes the business of furnish-
ing and contracting to furnish labor and materials in the fabricating,
mixing, applying, installing, altering or repairing of all plain or
ornamental plastering used in construction projects regardless of the
nature of the materials used or the structure to which it is applied.,
including the use of pigments and their incorporation in plastic mate-
rials used in simulation of other materials, and including all lathing
and light iron furring, metal corner beads, metal base beads and
appurtenances used to receive such plain and ornamental plastering,
and including modeling, model making, and casting incidental to or
in connection with the business of the Plastering and Lathing Con-
SECTION 2. Specialized Classifications.-The term "Specialized
Classifications shall mean a defined specialized branch of this Divi-
sion, established for representation in the administration of the
Plastering and Lathing Contracting Division Chapter.
Such specialized classifications immediately established and defined
(A) Lathing and Light Iron Furring Classficfation.-The term
"Lathing and Light Iron Furring Classification is defined to mean
and include members of this Division who are engaged exclusively
in contracting for the furnishing of labor and materials for lathing
and light iron furring.
(B) Modeling, Model Making, and Casting Classifcation.-The
terms Modeling, Model Making, and Casting Classification are de-
fined to mean and include members of this Division who specialize
in contracting for modeling, model making, and casting of plastic
SECTION 3. Nothing in Section 2 shall be held or construed to pre-
vent any member of this Division from performing all or any part
of the business of this Division, as defined in Section 1 of this Article.
SECTION 4. The term "Association" as used herein means the
" Contracting Plasterers' International Association."
SECTION 5. The term "this Chapter" as used herein means and
includes any related industry which hereafter is subject to the ap-
proval of the President may be included hereunder as a subdivision
ARTICLE II-REFERENCE TO PROVISIONS OF CHAPTER I AND TO MANDA-
TORY PROVISIONS OF THE ACT
SECTION 1. Reference to Provisions of Chapter I.-Provisions of
Chapter I of this Code, including any amendments thereto, or modi-
fications thereof, except as herein specifically provided, are specifi-
cally incorporated herein with the same force and effect as if set forth
herein in full.
SECTION 2. Labor Provisions of the Act.-Employees shall have
the right to organize and bargain collectively through representatives
of their own choosing, and shall be free from the interference,
restraint, or coercion of employers of labor, or their agents, in the
designation of such representatives or in self-organization or in other
concerted activities for the purpose of collective bargaining or other
mutual aid or protection; no employee and no one seeking employ-
ment shall be required as a condition of employment to join any
company union or to refrain from joining, organizing or assisting a
labor organization of his own choosing; employers shall comply with
the maximum hours of labor, minimum rates of pay, and other condi-
tions of employment, approved or prescribed by the President.
SSECTION 3. Presidential Po-we-r.-This Code, and all the provisions
thereof, are expressly made subject to the right of the President, in
accordance with the provisions of subsection (b) of Section 10 of the
Act, from time to time to cancel or modify any order, approval,
license, rule or regulation issued under Title I of the Act and specifi-
cally, but without limitation to the right of the President to cancel
or modify his approval of this Code, or of any additional Chapter
thereof, or any conditions imposed by him upon such approval.
ARTICLE III-HOURS, WAGES, AND CONDITIONS OF EMPLOYMENT
SECTION 1. Where no local or regional agreement exists as provided
for in Section 1 of Article III of Chapter I the minimum wage scale
for the following classification of employees in this Division shall be:
(a) In the Southern Zone comprehending South Carolina, Geor-
gia, Florida, Arkansas Alabama, Mississippi, Louisiana, Arizona,
klahoma, Texas, and Kew Mexico, the minimum wage for plasterers,
$1.00 per hour; modelers, $1.50 per hour; model makers, $1.00 per
hour; casters, 900 per hour; lathers, $1.00 per hour; plasterers'
laborers, 600 per hour.
(b) In the Central Zone, comprehending Delaware, Maryland,
Virginia, Tennessee, Colorado, Utah, California, North Carolina,
West Virginia, Kentucky, Missouri, Kansas, Nevada, District of
Columbia, minimum wage scale for plasterers, $1.10 per hour; model-
ers, $1.60 per hour; model makers, $1.10 per hour; casters, $1.00
per hour; lathers, $1.10 per hour; plasters' laborers, 704 per hour.
(c) In the Northern Zone Comprehending Maine, New Hampshire,
Vermont, Massachusetts, Rhode Island, Connecticut, New York, New
Jersey, Indiana, Wisconsin, Minnesota, Nebraska, Wyoming, Ore-
gon, South Dakota., Idaho, Pennsylvania, Ohio, Michigan, Illinois,
Iowa, North Dakota, Montana, Washington, the minimum rates for
plasterers shall be $1.20 per hour; modelers, $1.70 per hour; model
makers, $1.20 per hour; casters, $1.10 per hour; lathers, $1.20 per
hour; plasterers' laborers, 800 per hour.
(d) Apprentices during their apprenticeship or learning period
shall be paid as follows:
First year-------_ -- 30% of journeyman's wages.
Second year -------------------- 40% of journeyman's wages.
Third year--6--------------- 60% of journeyman's wages.
Fourth year _----_---------. 75% of journeyman's wages.
Provided however, that this Section shall not be construed to
authorize reductions in existing rates of pay; and provided further,
that the Administrator may reconsider the provisions of this Section
upon the expiration of a period of ninety (90) days after the effec-
tive date of this Chapter, or thereafter if he shall deem necessary
and, upon the basis of such reports, studies, or hearings as he may
obtain or conduct, may require such modifications of, or make such
other determination with respect to, the proviiuons of this Section
as he shall by his further order direct; and provided, further, that
if it. shall be represented to the Administrator and he shall ditermnine
that the provisions of this Section impose undue hardship upon em-
ployers or employees or both, within any region or locality, he may
at any time grant such stay or exemption from the provisions of
this Section within such region or locality as he may determine jus-
tice requires; and provided further, that the provisions of this Sec-
tion shall be subject to the provisions of Section 7 of the Act, or any
actions taken thereunder or in accordance therewith.
SECTION 2. The provisions of subparagraph B of Section 2 of
Article III of Chapter I shall not apply to:
(a) Employees in a managerial, executive, or supervisory capacity,
who regularly earn in excess of thirty-five dollars ($35.00) per week.
Supervisory employees are defined as those who perform no manual
(b) Employees engaged in emergency work upon breakdowns or
for the protection of life or property, who shall be paid at least one
and one-half (11.) times the normal rate for all hours worked in
excess of forty (40) hours in any week or eight (8) hours in any day
or six (6) days in any week.
(c) Watchmen who shall not be permitted to work in excess of
fifty-six (56) hours nor six (6) days in any week.
SECTION 3. Nwnber of days.-No employee shall be permitted to
work in excess of six (6) days in any week.
SECTION 4. Evasion Through Reemipoymen.t.-No employee now
employed at a rate in excess of the minimum shall be discharged
and reemployed at a lower rate for the purpose of evading the pro-
visions of this Code.
SECTION 5. Mem-ber Pe'forming Labor.-Members of this Division
who personally perform manual labor or are engaged in mechanical
operations shall not. exceed, while o working as employees, the maxi-
mum of hours prescribed herein for employees.
SECTION 6. Complaub't.-No employee shall be dismissed by reason
of making a complaint or giving evidence with respect to an alleged
violation of this Code.
SECTION 7. Posting.-All members of this Division shall post and
keep posted in conspicuous places readily accessible to all employees
in their respective shops and other established places of business
complete copies of Chapter I, General Provisions for the Construc-
tion Industry, and of this Chapter of this Code, together with the
name and address of the nearest official place where Code violations
may be reported. Every member of the Division shall comply with
all rules and regulations relative to the posting of provisions of
Codes of Fair Competition which may from time to time be pre-
scribed by the Administrator.
SECTION 8. Standards for Safety and Health.-Each member of
this Division shall provide for the safety and health of his employees
at the place and during the hours of their employment. Standards
for safety and health shall be submitted by the Divisional Code Au-
thority to the Administrator within three (3) months after the effec-
tive date of this Chapter. After approval, such standards shall be-
come the minimum standards of safety and health for all members of
SECTION 9. Payment of Wages.-All employers shall make payment
of all wages due in lawful currency or by negotiable check therefore
payable on demand at par. If wages are paid by check, the employer
shall provide reasonable accessible facilities for cashing checks at
face value without expense to the employee. Employers shall also
provide such identification as is necessary to utilize such facilities.
Wages shall be payable at the end of each weekly period and shall
be exempt from any payment or deduction for pensions, insurance
or sick benefits other than those required by law or voluntarily paid
or authorized by employees. Employers or their agents shall not
accept, directly or indirectly rebates on such wages or give anything
of value nor extend any favors to any person for the purpose of
influencing rates of wages or working conditions of their employees.
The provisions of this Section requiring payment of wages at the
end of each weekly period shall not apply to persons employed in a
managerial, supervisory, or executive capacity who earn not less
than thirty-five dollars ($35.00) per week, nor to persons employed
in clerical or office work who shall be paid at least semi-monthly.
SECTION 10. Handicapped Persons.-A person whose earning ca-
pacity is limited because of age, physical, or mental handicap, or
other infirmity may be employed on light work at a wage below the
minimum established by this Code if the employer obtains from the
State Authority designated by the United States Department of
Labor a certificate authorizing his employment at such wages and
for such hours as shall be stated in the certificate. Such Authority
shall be guided by the instructions of the United States Department
of Labor in issuing certificates to such persons. Each employer
shall file monthly with the Divisional Code Authority a list of all
such persons employed by him showing the wages paid to, and the
maximum hours of work for, all such persons.
SECTION 11. Nothing in the definition of this Division shall in
any way be construed as affecting the classification of labor employed
under this Chapter of this Code.
ARTICLE IV-OncGANIzATION, POWERS AND DUTIES OF THE DIVISIONAL
SECTION 1. Further to effectuate the policies of the Act, and to
administer this Code within this Division and its administrative
classifications as defined in Article II of this Chapter, a Divisional
Code Authority is hereby established.
SECTION 2. The Divisional Code Authority for the Plastering and
Lathing Contracting Division shall consist of fifteen (15) members
of this Division, all of whom shall have assented to this Code, to be
selected, to serve for a term of one (1) year or until their successors
are selected, as follows:
(a) Members of the Association shall elect eight (S) members of
the Divisional Code Authority from the membership of the Associa-
tion to represent equitably various localities. The Association is
hereby designated as the agency to conduct the initial election of
the Association members of the Divisional Code Authority within
thirty (30) days after the effective date of this Chapter and any
other election of such members which may thereafter be held. Notice
of the time and place of regular elections shall be sent to all mem-
bers of the Association and to the Administrator at least forty (40)
days in advance of such election, except that the initial ele-ction above
referred to may be held on ten (10) days' notice. Voting at all elec-
tions may be in person, or by proxy or letter ballot and each member
of the Association shall be entitled to one vote for each membership
to be filled. In the event of any vacancy in the Association Member-
ship of the Divisional Code Authority, the Executive Committee of
the Association may appoint a member from and to represent mem-
bers of the Association on said Code Authority who shall serve for
the unexpired portion of the term of t.e member he surceed-s. Such
successor shall be approved by the Administrator before taking office.
Such election shall be held within twenty (20) days after such
(b) The Administrator shall appoint two (2) members of the
Divisional Code Authority from the members of this I)ivision in-
cluded in the Lathing and Light Iron Furring Classification, as
defined in Section 2 A of Article II of this Chapter.
(c) The Administrator shall appoint two (2) members of the
Divisional Code Authority from the members of this Division in-
cluded in the Modeling, Model Making, and Casting Classification
as defined in Section 2 B of Article II of this Chapter.
(d) The Administrator shall appoint three (3) members of the
Divisional Code Authority from and to represent the non-members
of the Association, which members shall be automatically disqualified
from further holding such office by joining the Association, and
whose membership in the Divisional Code Authority shall thereupon
(e) At the expiration of the term of the members so appointed in
sub-paragraphs (b), (c) and (d), or should a vacancy occur, the
non-members of the Association or the members of the Classifications
as defined in Section 2 of Article II may elect their respective rep-
resentatives, such representatives and the methods of their selection
to be satisfactory to and approved by the Administrator. In the
event any representatives are not so chosen, the Administrator shall
continue to appoint such representatives.
SECTION 3. In the event the Act and the Code are continued beyond
the limits now established by Law, the terms of the members of the
Divisional Code Authority may be readjusted to insure over-lapping
tenures, in a manner to be approved by the Administrator.
SECTION 4. Each trade or industrial association directly or indi-
rectly participating in the selection of activities of the Divisional
Code Authority shall impose no inequitable restrictions on member-
SECTION 5. It being found necessary, in order to support the
administration of this Chapter and to maintain the standards of
fair competition established by this Code and to effectuate the policy
of the Act, the Divisional Code Authority is authorized, subject to
the approval of the Admirnstrator:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out of
funds which may be raised as hereinafter provided and which shall
be held in trust for the purposes of the Chapter.
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of this
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable
contribution as above set forth by all such members of this Division,
and to that end, if necessary, to institute legal proceedings therefore
in its own name.
SECTION 6. Each member 'of this Division shall pay his or its
equitable contribution to the expenses of the maintenance of the
Divisional Code Authority determined as hereinabove provided and
subject to rules and regulations pertaining thereto issued by the
Administrator. Only members of this Division complying with this
Code and contributing to the expenses of the administration of this
Chapter as provided in Section 5 of this Article shall be entitled to
participate in the selection of the members of the Divisional Code
Authority or to receive the benefit of its voluntary activities or to
make use of any emblem or insignia of the National Recovery
SECTION 7. The Administration members, the Construction Code
Authority and the Administrator shall be given five (5) days' notice
of, and may sit at, all meetings of the Divisional Code Authority.
SECTION 8. PoIers ald Duties.-Subject to such rules and regula-
tions as may be issued by the Administrator, the Divisional Code
Authority shall have the powers and duties as are conferred by Sub-
division B of Article IV of Chapter I of this Code and also shall
have the following powers and duties:
(a) To establish, with the approval of the Administrator and
after such notice and hearing as he may prescribe, specifications for
minimum standards of work, such standards to be designed to safe-
guard and insure the health and safety of the occupants of homes
and other structures. Such specifications shall be submitted for
approval within six (6) months after the effective date of this
(b) To establish, with the approval of the Administrator after
such notice and hearing as he may prescribe, standard contract forms
for use within this Division.
(c) To cooperate with the Administrator in regulating the use
of any N.R.A. insignia solely by those members of this Division
who have assented to and are complying with this Code.
(d) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of this Division in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning, including stabiliza-
tion of employment.
(e) To require the registration of all work in amount of Two
Hundred ($200.00) Dollars or more in value, undertaken by members
of this Division as herein defined.
(f) The Divisional Code Authority shall cause to be formulated
methods of cost finding and accounting capable of use by all mem-
bers of this Division, and shall submit such methods to the Adminis-
trator for review. If approved by the Administrator, full informa-
tion concerning such methods shall be made available to all members
of the Division. Thereafter, each member of the Division shall
utilize such methods to the extent found practicable. Nothing
herein contained shall be construed to permit the Divisional Code
Authority, any agent thereof, or any member of the Division to
suggest uniform additions, percentages or differentials or other uni-
form items of cost which are designed to bring about arbitrary
uniformity of costs or prices.
(g) To appoint a trade practice committee which shall meet with
the trade practice committees appointed under such other codes as
may be related to the industry for the purpose of formulating fair
trade practices to govern the relationships between employers under
this Chapter and employers under such other Codes, to the end that
such fair trade practices may be proposed to the Administrator as
amendments to this Chapter and such other codes.
(h) To establish, subject to the approval of the Administrator,
regional agencies for the administration of this Code to effectuate
the policies of the Act. Such agencies may be constituted to repre-
sent (a) the entire industry in any region or locality or (b) a special-
ized classification in any region or locality. The membership of any
such agency shall not be less than three (3) nor more than seven (7)
members of the Division. The agency or agencies so established
shall be delegated by the Divisional Code Authority certain powers
and authority to administer this Code within the region or locality
or within a specialized classification in any region or locality, pro-
vided that nothing herein shall relieve the Divisional Code Authority
of its duties and responsibilities under this Code and that such agency
or agencies shall at all times be subject to and comply with the
(i) To provide appropriate facilities for arbitration, and subject
to the approval of the Administrator, to prescribe rules of procedure
and rules to effect compliance with awards and determinations.
ARTICLE V-TRADE PRACTICE RULES
General Defiaition.-For all purposes of the Code the acts de-
scribed in this Article shall constitute unfair practices and are
prohibited. Any member of this Division who shall directly or
indirectly, through any officer, employee, agent, or representative
knowingly use, employ, or permit to be employed any of such unfair
practices shall be guilty of a violation of the Code.
RULE 1. Inferor lWork'.-No member of this Division shall substi-
tute inferior materials or an improper mix, or shall use materials
or shall make any misrepresentation in connection with the sale of
o such materials or mix, for the purpose or with the effect of mis-
leading or deceiving purchasers with respect to the quantity, quality,
or grade thereof.
RULE 2. Compliance.-Non-compliance with contractual require-
ments whether pertaining to quality or quantity of materials, quality
of workmanship or otherwise shall be a violation of this Chapter.
RULE 3. Adequate Records.-No member of this Division shall
submit an estimate price on any job or submit a bill for his services
without retaining an adequate record showing the cost analysis upon
which his estimate was based or his charges determined.
RULE 4. Lumnping Labor.-No member of this Division shall
(whether by the practice known as "Lumping" of labor or other-
wise) sublet to any journeyman or other employee, the labor services
required by any contractor for work within this Division.
RULE 5. False Representation.-No member of this Division shall
make any false representation, either directly or indirectly, that a
competing member has quoted or is quoting different prices, or terms
and conditions of sale, for his products than those actually quoted
by such competing member.
RULE 6. Defaming Competitors.-No member of this Division shall
defame competitors by falsely imputing to them dishonorable con-
duct, inability to perform contracts, questionable credit standing, or
by other false representation, or by the false disparagement of the
grade or quality of their goods.
RULE 7. Secret Rebates.-No member of this Division shall secretly
offer or make any payment or allowance of a rebate, refund, com-
mission credit, unearned discount or excess allowance, whether in
the form of money or otherwise, nor shall a member of this Division
secretly offer or extend to any customer any special service or priv-
ilege not extended to all customers of the same class, for the purpose
of influencing a sale.
RULE 8. Com.,nercial Bribery.-No member of this Division shall
give, permit to be given, or directly offer to give, anything of value
for the purpose of influencing or rewarding the action of any em-
ployee, agent, or representative of another in relation to the business
of the employer of such employee, the principal of such agent or the
represented party, without the knowledge of such employer, princi-
pal, or party. This provision shall not be construed to prohibit free
and general distribution of articles commonly used for advertising
except so far as such articles are actually used for commercial
bribery as hereinabove defined.
RULE 9. Inaccurate Adverlising.-No member of this Division shall
publish advertising (whether printed, radio, display, or of any other
nature), which is misleading or inaccurate in any material particu-
lar, nor shall any member in any way misrepresent any goods (in-
cluding but without limitation its use, trade mark, grade, quality,
quantity, origin, size, substance, character, nature, finish, material,
content, or preparation) or credit terms, values, policies, services or
the nature or form of the business conducted.
RULE 10. Inaccurate Referen-ce to Competitors.-No member of
the Industry shall publish advertising which refers inaccurately in
any material particular to any competitor or his goods, prices, values,
credit terms, policies or services.
RULE 11. Breach of Contract.-No member of this Division shall
induce or attempt to induce the breach of an existing contract be-
tween a competitor and his customer or source of supply; nor shall
any member interfere with or obstruct the performance of any such
contractual duties or services.
RULE 12. Threats of Law Suits.-No member of this Division shall
publish or circulate unjustified or unwarranted threats of legal pro-
ceedings which tend to or have the effect of harassing competitors
or intimidating their customers.
RULE 13. Grouping of Jobs.-No member of this Division shall
group together two or more jobs, either directly or indirectly, to
effect a price below cost for any individual job.
RULE 14. Collusion..-Section 9 of Article VII of Chapter I of
this Code is specifically incorporated by reference with the same
force and effect as if set forth in full in this Chapter, and nothing
contained in this Chapter shall nullify, change, or affect the appli-
cation of said section to this Division.
RULE 15. No member of this Division shall submit a competitive
bid, as defined in Section 1 of Article VII of Chapter I of this Code,
to an owner or any other person corresponding to an awarding
authority as therein defined unless such owner or other person agrees
to comply with the regulations provided therein governing an
ARTICLE VI-FILING OF BIDS
SECTION 1. Each member of this Division shall file with an inde-
pendent, impartial agency designated by the Divisional Code Author-
ity, or by the local administrative committee, a signed, true copy of
every bid in excess of two hundred dollars ($200.00), or such lesser
sum as may be determined by the Divisional Code Authority for
local regions or areas, including all alternates and revisions thereto
submitted in connection with all competitive bidding as required by
the awarding authority. Copies of bids shall not be opened until
twenty-four (24) hours after the time specified by the awarding
authority for the receipt of such bids.
SECTION 2. The independent agency shall tabulate all bids, together
with any available details of the awarding of the contract, all of
which shall be kept confidential, except that, within three (3) days
after the award of the contract to the successful bidder, each bidder
shall be sent a copy of the tabulation of the amounts of the bids only.
Each bidder shall pay his proportionate share of the cost of han-
dling, tabulating and distributing such information, but in no case
more than one dollar ($1.00) for each bid filed by such bidder.
Such bids and tabulations shall be available to the Administrator
until the contract is completed.
SECTION 3. Upon complaint of a bidder, the Divisional Code
Authority or any local administrative committee appointed by it,
shall elect a Committee of Review 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 the
Association. This committee shall be directed to make such investi-
gations as will enable it to determine whether this Code of Fair
Competition has been violated in the bidding on the job in question.
In the event the Committee of Review shall find that any such viola-
tion has occurred, their findings on the violation, together with a
summary of the facts upon which they are based, shall be reported
to the local administrative committee or the Divisional Code Author-
ity for such action as may be appropriate. Such findings and
summaries shall be available to the Administrator. ;
ARTICLE VII-MoDIFICATION :
Subject to the provisions of sub-paragraph (c) of Section 2 of
subdivision B of Article IV of Chapter I hereof, 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 Administrator and
such notice and hearings as he shall specify, and to become effective
on his approval.
Each member of this Division shall register with the Divisional
Code Authority within thirty (30) days after the effective date of
this Chapter. All who may engage thereafter in the Plastering and
Lathing Contracting Division shall likewise register with the Divi-
sional Code Authority. Registration of a member of this Division
shall include the full name and mailing address of the member. An
application may be made by the Divisional Code Authority to the
Administrator for an extension 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 hardship to any
member of this Division.
ARrICLE IX-REVIEW OF ACTS OF DNIISIONAL CODE AUTHORITY
If the Administrator shall determine that any action 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 investi-
gation of the merits of such action and further consideration by the
Divisional Code Authority or agency pending final action which shall
not be effective unless the Administrator approves or unless he shall
fail to disapprove after thirty (30) days' notice to him of intention
to proceed with such action in its original or modified form.
ARTICLE X-PRICE INCREASES
Whereas, the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price in-
creases, except such as may be required to meet individual cost,
should be delayed, but when made, such increases should, so far as
reasonably possible, be limited to actual additional increases in the
ARTICLE XI-EFFECTIVE DATE
This Chapter shall become effective in this Division on the thir-
tieth (30th) day after its approval by the President.
Approved Code No. 244-Supplement No. 14.
Registry No. 1032-1-06.