UNIVERSITY OF FLORIDA
3 1262 08482 9422lllli1llll ll111 InIIIIII l
3 1262 08482 9422
Supplement No. 18
Registry No. 102,--01
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
(A Division of the Construction Industry)
AS APPROVED ON AUGUST 20, 1934
U.S. 0 r'*. : ""' -'* 1.
GOVERNMENT PRINTING OFFICE
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This publication is for sale by the Superintendent of Documents, Government
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Foreign and Domestic Commerce.
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Approved Code No. 244-Supplement No. 18
SUPPLEMENTARY CODE OF FAIR COMPETITION
BUILDING GRANITE INDUSTRY
As Approved on August 20, 1934
CODE OF FAIR COMPETITION FOR THE BUILDING GRANITE IN)DCUT'rY
A DIVISION (OF THE CONSTRUCTION INDUSTRY
An application having, been duly made purs.iint 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 Construcitin
Industry. a ppr1ovel Jan uary 31. 1934. for approval of Chapter XXII
of said Code. which Ch'aplter XXII is applicable to the Building
Granite Division (of the Construction Industry, and hearings having
been held thereon a(nd the annexed report on said Code, containing
findings with respect thereto, having been made and directed to the
NOW. THEREFORE. on behalf of the President of the United
States. I, Hugh S. Johnsonn, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President. including Executive Order No. 6543-A, dated December
30, 1933. and otherwise; do hereby incorporate by reference said
annexed report and( do find that said Chapter complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said
Chapter XXII 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 said Chapter XXII; provided,
(a) That the wages and hours established in this Code are ap-
proved only because of the cnmilpetitive conditions with the Lime-
stone Industry d such approval shall not constitute a precedent
for any other Industry, and
(b) That in the event the provisions covering the averaging of
hours of work in the Code of Fair Competition for the Limestone
Industry are stayed or mollified, a similar stay or modification will
be made in this Code; and
(c) That in the event. of revision of other labor )povisions than
those pertaining to the averaging of hours of work of the Code of
Fair Competition for the Lime.-tone Industry, the Code Authority of
the Building Granite Division of the Construction Industry shall
submit re'oimmiendations in respect to making equitable revisions of
the Building Granite Division of the Construction Indu.ttry Code;
(d) That within 90 days after the effective dlate of this Code I
may direct, that there be a further hearing on such of the provisions
of said Code as I may designate and that any Order that I may
make after such hearing shall have the effect of a condition on the
approval of said Code.
HIUGH S. JOHNSuN,
A dm.1nisii;trator for li,.d strlial Recovery.
GEO. L. BERRY,
Division Ad',- inistirator.
August ?20, 1934.
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on the Building Granite Chapter of the Code
of Fair Competition for the Construction Industry, which is de-
scribed as Chapter I and which was approved by you on January
This Chapter is a revision after a public hearing conducted in
Washington on September 11, 1933,. in accordance with provisions
of the National Industrial Recovery Act. This Chapter amplifies
Chapter I but applies specifically to the Building Granite Division
of the Construction Industry.
PROVISIONS FOR HOURS AND WAGES
Building granite is in direct competition with limestone. The hours
and wages for manual labor for this Chapter are generally the same
as provided in the Code of Fair Competition for the Limestone In-
dustry except that minimum wages in the northern zone are two
cents per hour higher than in the Limestone Code. The hours and
wages for other employees are generally the same as provided in
Chapter I of the Construction Code.
ECONOMIC EFFECTS OF THE CODE
In 1929 there were 11,200 men employed in granite quarries, but
in 1932 the numllber had dropped to 7,600. The men were employed
an average of 190 days in 1932. Wages for laborers of as low as
ten to fifteen cents an hour had been reported for parts of the coun-
try. Available data indicates that the workers engaged in quarry-
ing and processing at the quarries averaged 49 hours per week in
19229, which figure was reduced to 46 hours in 1932. Available data
further indicates that it is reasonable to assume that the 40-hour
maximum average provided by the Code would absorb a large per-
centage of the unemployment in quarrying and processing at the
quarry site. It i reasonable to predict that the establishment of
uniform rates of pay, uniform hours of work, improved conditions
of employment, and a prohibition of unfair trade practices will be
beneficial to all of this Industry, as well as to the employees and the
The Deputy Administrator, in his final report to me on said Build-
ing Granite Chapter of the Code of Fair Competition for the
Construction Inldutry, having found as herein set forth and on the
basis of all the proceedings in this matter;
I find that:
(a) Said Building Granite Chapter and said Code of Fair Com-
petition for the Construction Industry, as supplemented by said
Building Granite Chapter, are well designed to promote the policies
and purposes of Title I of the National Industrial Recovery Act, in-
cluding removal of obstructions to the free flow of interstate and
foreign commerce which tend to diminish the amount thereof and
will provide for the general welfare by promoting the organization
of industry for the purpose of cooperative action among the trade
groups, by inducing and maintaining united action of labor and
management under adequate governmental 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 tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) Said Building Granite Chapter and the Code of Fair Compe-
tition for the Construction Industry, as supplemented by said Build-
.ing Granite 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 association truly representative of the
aforesaid Industry; and that said Association imposes no inequitable
restrictions on admission to membership therein.
(d) Said Building Granite Chapter and the Code of Fair Compe-
tition for the Construction Industry, as supplemented by said Build-
ing Granite Chapter, are not designed to and will not permit
monopolies or monopolistic practices.
(e) Said Building Granite Chapter and the Code of Fair Compe-
tition for the Construction Industry, as supplemented by said Build-
ing Granite Chapter, are not designed to and will not eliminate or
oppress small enterprises and will not operate to discriminate against
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Building (Granite Chapter and of said Code, as supplemented by this
Building Granite Chapter thereof.
For these reasons, therefore. I have approved said Building
Granite Chapter of the Code of Fair Competition for the Construc-
HRUGHI S. JOHNSON,
AUGUST 20, 1934.
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE BUILDING GRANITE DIVISION OF THE CON-
SECTION 1. The term "Building Granite Division of the Construc-
tion Industry or "this Division" as used herein means the selling
andor quarrying, fabricating, finishing, assembling, and/or fitting
of. granite for sale (or for a sale made previously) for architectural
and. or construction purposes.
SECTION 2. The term "granite for architectural and/or construc-
tion purlposes or granite" as used herein include all granite which
is used for ornamental public impnrovemeints, community mausoleums,
buildings, dry docks, bridges, sea walls, foundations, publicly owned
monuments, and all similar types of construction, but does not include
SECTION 3. The term Subdivision as used herein mean.i and
includes any related industry which hereafter subject to the approval
of the President and the Divisional Code Authority of this Division
may be included hereunder as a subdivision or otherwise.
SECTION 4. The term association as used herein shall mean the
National Buiiiling Granite Quarries Association, Inc.
ARTICLE II -HOURS, WAGES AND CONDITIONS OF EMPLOYMENT
SECTION 1. Hours.-The following are exempt from the provisions
of Section 2B, Article III of Chapter 1 of this Code, relating to
(a) Employees (except those engaged in fitting at the site where
the granite is to be installed who shall be within provisions of said
Section 2B) engaged in manual labor who shall not be permitted
to work in excess of forty (40) hours per week averaged over three
(3) month periods; or in excess of forty-eight (48) hours in any one
(1) week; or in excess of six (6) days in any one (1) week; or in
excess of eight (8) hours in any twenty-four (24) hour period.
(b) Salesmen and Estimators.
(c) Employees engaged in professional, executive, administrative
and supervisory capacity who are not regularly engaged in manual
labor receiving thirty-five dollars ($35.00) or more per week.
(d) Watchmen who shall not be permitted to work in excess of
twelve (12) hours in any twenty-four (24) hour period; or in excess
of six (6) days in any seven (7) day period; or in excess of fifty-six
(56) hours in any seven (7) day period.
I ee parngrapb 2 of order approving this Code.
(e) Firemen, plant engineers, powdermen, loading and shipping
crews who shall not be permitted to work more than two (2) hours
per day in excess of the maximum hours prescribed in (a) of this
Section or in exces: of forty-eight (48) hours in any seven (7) day
(f) Employees engaged in emergency work involving breakdowns
or the protection of life and 'or property.
SECTION 2. Memberl' Irformi)ng Work.-Members of this Divi-
sion who personally perform manual labor or are engaged in mechan-
ical operations shall not exceed the maximum hours prescribed herein
while so working or engaged.
SE(TION 3. If afrf.s.-(a) No employee, except. as hereinafter set
forth, shall be paid at. less than the hourly rates specified in the
following schedule; provided, however, that the provisions of this
Section shall not be construed as establishing a minimum rate of pay
for other than common or unskilled labor; and provided further that
such provisions shall not. be construed to authorize reductions in
existing rates of pay.
(1) When employed in Alabama. Arizona, Arkansas. Florida,
Georgia, Kentucky, Louisiana, Mississippi, New Mexico, North Caro-
lina, Oklahoma, South Carolina, Tennessee, Texas, Virginia., West
Virginia,--thirty cents (30<4).
(2) When employed in California, Colorado, Connecticut, District
of Columbia, Delaware, Idaho, Illinois, Indiann, Iowa, Kansas,
Maine, Maryland. M\assachusetts, Michigan, Minnesota, Missouri,
Montana, Nebraska. Nevada, New Hampshire, New Jersey, New
York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island,
South Dakota, Utah, Vermont, Washington, Wisconsin, Wyoming,-
forty cents (40().
(b) All employees engaged in fitting granite at the site where the
granite is to he in.-tlled shall be paid in accordance with the provi-
.sio.s of Chapter I of this C(tde, or of any other pertinent Chapters of
the Code of Fa:ir Compettition for the constructionn Industry, or of
any pertinent agreemenrt, arrived at and provided in said Chapter I
or Section 7 (b) of the Act.
(C) Employees engaged solely as tool and water boys, and com-
)rising not more than four per cent. (4';.) of the total number of
emplloyee-S (except that. in any 'ase there may be at least one (1)
tool and one (1) water boy), m'ny be paid at not less than eighty
per cent (So'; ) of the hourly wvages prescribed herein.
(d) O ,'r/i,,'.-Ernployees engaged as described in paragraphs
(e) a;nd (f) of Se-,tioi 1 hereof and powdermen and loading and
shippino- crews, shall be paid at the overtime rate of at least one and
one-quarter (11%/) times the normal job rat.- for all hours worked
in ( xcc..- of the daily or wci.kly maxima prescribei in paragraph
(a) of Setion 1 hereof.
(e) Pa./ment.--All mienbers of the Division shall make payment
of all w:igfe diue in aIwful currency or by negotiable check therefore
payable on dem;!nd at pa r. If wages are paid by check, the employer
shall provide reasoinalil facilities for cashing checks at face value
without. charge or discouilnt to the employee. Employers shall also
provide -iuchi iilenttitiiition as is necessary to utilize such facilities.
Wages of employees paid on an hourly ba-sis shall be dlue and
payable at least twice each month. Not more than one week's wages
shall be held in arrears. Wages and salaries shall be exempt from
any payment for pensions, insurance or sick benefits except such as
is voluntarily paid or authorized to be deducted by employees.
The provisions of this Section regarding payment of hourly wages
-hall not apply to persons employed in professional, executive, ad-
ministrative, and supervisory capacity who earn in excess of thirty-
five dollars ($35.00) per week, nor to persons employed in sales,
estimating, clerical or office work. The wages for such person., shall
be due at least monthly.
(f) Rebates.-Members of the Division or their agents shall not
accept, either directly or indirectly, rebates on such wages or give
anything of value or extend any favors to any person for the pur-
pose of influencing rates of wages or working conditions of their
employees, or cause such to be done.
SECTION 4. (_onditions of Employmenet.-(a) Pofst;i.-All mem-
bers of this Division shall post and keep posted ini con-picuous places
readily accessible to all employees complete copies of Chapter I,
General Provisions for the Construction Industry, and of this Chap-
ter of this Code. All members of this Division shall comply with
all rules and regulations relative to the posting of provisions of
codes of fair competition which may from tmne to time be prescribed
by the Administrator.
(b) Safety and Health.--Each member of this Division shall make
reasonable provisions 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
Authority to the Administrator within six (6) iionths after the
effective late of this Code.
(c) Limited Capacity.-Persons whose earning capacities are lim-
ited because of age. physical or mental handicap, or other infirmity,
may be employed on light work at a wage below the minimum estab-
lished by this Code. if the member of this Division who is the em-
ployer thereof obtains from the State Authority, designated by the
United States Department of Labor, a certificate authorizing, suihl
person's employment. at such wages and for such hours as shall be
stated in the certificate. Each i member of the Division shall file
monthly with the Divisional Code Authority a list of all such per-
sons employed by him, showing the wages paid to, and the Imaxinmum
hours of work for, such employee.
(d) Contrl /f i.--(1) No member of this Division shall, directly
or indirectly, let or sublet to any employee or laborer solely the labor
services required by any contract secured by such member, except
where said labor services are compensated at a rate of not less than
the minima prescribed herein or in any applicable agreement ap-
proved as provided in Chapter I of this Code or Section 7 (b) of the
Act.. This shall not. be interpreted to affect or modify the last para-
graph of Chapter I, Article III, Section 2 A.
(2) In no case shall a member of this Division avoid or evade the
labor provisions of this Chapter by contracting for granite with any
person or persons subject to labor provisions less stringent than those
provided in this Chapter.
ARTICLE III-ADMINISTRATION 2
SECTION 1. Code Authority.-A Divisional Code Authority is
hereby constituted to administer this Code within this Division. The
Divisional Code Authority shall consist of seven (7) individuals.
Five (5) members of the Divisional Code Authority shall be mem-
bers or representatives of the Association, appointed by the Board
of Directors of said Association, to serve for terms of one (1) year.
The two (2) remaining members of the Divisional Code Authority
shall be selected on a fair basis from and to represent members of this
Division who are not members of said Association or responsible
thereto. They shall be initially appointed by the Administrator.
Nominations for such appointments shall be made by the Board of
Directors of said Association. Such members shall serve for a term
of one (1) year or until his or their successors have been selected
by the members of the Division who are not members of said Asso-
ciation, according to a method of selection satisfactory to and
approved by the Administrator, or until such member or members
become a member or members of the Association or responsible
thereto, whichever of said periods shall be the less. In the event
no selection by the non-members of the Association of such members
is made within thirty (30) days of the expiration of any such
members' terms, the Administrator shall appoint the successors.
SECTION 2. Rri'wt' of Acts of the Code Auth.ority.-If the Admin-
istrator shall determine that any action of the Divisional Code
Authority or any agency thereof may be unfair or unjust or con-
trary to the public interest, the Administrator to the extent, of his
powers under the Act may require. that such action be suspended to
afford an opportunity for investigation 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 lie shall fail to disapprove after
thirty (30) days' notice to him of intention to proceed with such
action in its original or modified form.
SECTION 3. Standt,id Forms.-Divisional Code Authority shall de-
vise standard forms of proposals and contracts, which forms shall
protect the rights of buyers and sellers, and apply for the approval
of the Administrator and Construction Code Authority to these
SECTION 4. D)'.iajiltion of Decpository.-The Divisional Code Au-
thority sliall appoint and maintain a suitable impartial agency as
a depository for bids on granite. The duties of this depository are
as set forth under Article IV hereof or as the Divisional Code
Authority may from time to time delegate to it. Nothing herein
contained shall relieve the Divisional Code Authority of its duties
SECTION 5. Code Expensc.-A. It being found necessary in order
to support the administration of this Code and to maintain the
standards of fair competition established hereunder and to effectuate
the policy of the Act, the Divisional Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
2 See paragraph 2 of order ailproving, this Code.
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code;
(b) To submit to the Admiinistrator for his approval, subject to
such notice and opportunity to be heard as he inny dieni necessary
(1) an itemized budget of its estimated expense- for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed'. by iimibters of the
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all mintubers of the Division, and to
that end, if necessary, to institute legal proceedings tlierefor in its
B. Each member of the Division shall pay his or its equitable
contribution to the expen-es of the miaintelnince of the Divisional
Code Authority, determined as hereinabove provided, and subject to
rules and regulations pertaining thereto issued by the Administrator.
Only members of the Division complying with the code and con-
tributing to the expenses of its administration as hereinablove pro-
vided, shall be entitled to participate in the selection of members of
the Divisional Code Authority or to receive the benefits of any of its
voluntary activities or to make use of any emblem or insignia of the
National Recovery Administration.
C. The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget, except upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditures in
excess of prior budget estimates except those which the Adminis-
trator shall have so approved.
ARTICLE IY-TRADE PRACTICE RULES
Gen-eral Definition.-Violation of any rule set forth in this Article
shall constitute an unfair trade paLctice. Any member of the Di-
vision who shall, directly or indirectly, use or employ such an unfair
trade practice shall be in violation of the Code. Nothing in the
Article shall supersede or relieve the Divisional Code Authority of its
duties and responsiibilities.
RULE 1. FILING OF BIDS, :ETC., .I'PLICAiL. ONLY TO BIDS AMOUNTING TO
$5,000 OR OVER
(a) Filhig Bid...-Ean.ch member of this Division shall file with or
mail to the depository two (2) ..igned exact duplicate copies, prop-
erly identified, of every bid or revi.sed bid for granite, together with a
list of all contractors and/or others to whom such bid or revised bid
is in any manner communicated. All .u,'h bids shall be filed or
mailed not later than thirty (30) hours before the time set for the
opening of general contract bids when the granite is part of a general
contractor's proposed contract, or not later than thirty (30) hours
before the time set for opening of granite bids wh,-n granite bids are
requested by others instead of through gerne-al contractors. Mem-
bers of the Division shall immediately notify the depository if the
time set for opening of bids hias been ,lhaniiu d.
(b) Opening of Filed BidR.-Not sooner than thirty (30) hours
nor later than seventy-eight (78) hours after the time established in
(a) hereof, for the filing of granite bids, the depository shall open
the filed duplicate bids and mail one (1) signed copy of each bid
to the'recipient of the original of such bid as a confirmation; and
mail to all members of the Division who filed bids, and who have
complied with the provisions of Section 5 of Article III in the
manner prescribed in applicable Executive or Administrative Orders,
a copy of all bids and lists filed as described in (a) hereof. Written
notice of any apparent violation of this Article shall be filed by the
Depository with the Divisional Code Authority.
(c) Revisionfs.-If revisions requiring a change of less than 25%
of the cubic quantity of granite are made in the plans and/or speci-
fications after the original opening of filed bids and or new bids
are called for, only members of the Division who bid originally may
submit new or reviLed bids and such members of the Division shall
immediately send a breakdown of their original bid to the depository,
and if required by the Divisional Code Authority, shall substantiate
the fact that their revised bid is made on the same basis as their
original bid. In case the lowest filed bid (filed originally) amounted
to less than twenty-five thousand dollars ($25,000.00), this para-
graph shall be effective for one hundred and twenty (120) days and
otherwise for one hundred and eighty (180) days from the time
established in Rule 1 (a) hereof for the original filing of bids. If the
revisions require a change of 25% or more of the cubic quantity
of granite, new bids may be submitted by any member of the Divi-
sion at a time as provided for in paragraph (a) hereof.
(d) Culbe.-The total net cubic quantity of granite required by
each bid or revi.sed. bid shall be filed with the bid. The cubic quan-
tity shall be determined by rectangular measure. The rectangular
:meraliure of each piece of granite shall be the cubic volume of the
smallest rectangular box in which said piece can be enclosed.
(e) Filna Conitracts.-Each member of the Division shall file
with the depository true copies of all contracts for granite work
awarded to them within twenty-four (24) hours after the actual
execution of the contract. In the event, a member of the Division
shall begin work prior to the execution of a contract, he shall pro-
ceed on the basis of his filed bid and shall so notify the depository.
Upon execution of the contract he shall file a copy of the contract
as required above. The depository shall immediately report this,
together with contract price, to all known members of the Division
who have complied with the provisions of Section 5 of Article III
in the manner prescribed in applicable executive or administrative
(f) ConfithJntdal I,1fo~rnat;on.-All information received by the de-
pository shall be kept confidential except as otherwise provided in
this Code and except. that it shall be available to the Administrator
upon his request. The depository shall report. in writing any known
or suspected violation of this Code to the Divisional Code Au-
thority. In no case shall the depository be permitted or required
to open filed bids prior to the time established in Rule 1 (b) hereof,
for the opening of filed bids.
(g) Stock and Quarri.-Each member of the Division shall name
in his bid the stock and quarry on which it is based and if any other
member of the Division is to perform any of the functions defined in
Article I, Section 1 hereof (with the exception of carving), such
nmeiber or members of the Division shall be ianimed in the bid.
(h) Pblns ( ,! Specifie'rifo,,s.-Members of the Division shall bid
on granite only in strict accordance with plans and/or specifications
which state the name and location of the work and of the Architect
and or Engineer. This shall not prevent any member of the Divi-
sion from bidding to any other member of the Division on any
portion of any project. so long as the remaining provisions of this
Code are observed. The naming or describing of any particular
granite in the specifications shall not prohibit any member of the
Division from bidding on the work in other granites, subject, how-
ever, to the provisions of Rule 3 of this Article. All granite, called
for by the plans and specifications, including curbing, paving, flag-
ging and siniilar granite work, with the exception of crushed granite,
shall be included in the bid.
(i) Contract and Bid.-No meinblr of the Division shall accept
and 'or execute any contract. for the sale of granite except in accord-
ance with such members bid for such granite.
(j) Stazdard Forms.-All members of the Division shall use
standard forms of proposals and contracts for granite after they
have been approved by the Construction Code Authority and the
Administrator, except in cases where special forms are prescribed by
competent governmental authority.
RULE 2. DIVISION OF BIDS
In submitting his bid the member of the Division shall clearly state
the exact place and conditions of delivery and if the bid includes any
functions other than those defined in Article I, Section 1 hereof, the
amount included, in the bid for such functions shall be set forth
separately. Each bid may also .tate the price for granite f.o.b. point
RULE 3. BIDDING ON STOCK PRODUCED BY (OTHER MEMBERS OF THE
No member of the Division shall sulbmit a bid based upon rough
stock quarried by another member of the Division without first secur-
ing the consent of that member of the Division or a quotation on the
stock he desires to bid upon, but if special granites are specified,
any one of which amounts to less than five per cent (5%) of the total
granite cube, this shall not apply to such special granite.
RULE 4. CHANGING OF BIDS
For a period of one hundred and twenty (120) days (one hundred
and eighty (180) days if lowest original bid filed was twenty-five
thousand dollars ($25,000) or more) after bids have been opened, no
member of the Division shall change his bid except as herein pro-
vided. Nothing herein contained shall deprive a member of the
Division of any right he iha- to withdraw his bid. In case of a filed
bid, a report of such withdrawal shall be sent immediately to the
Depository and by the Depository to all bidding members of the
RULE 5. BIDDING ON REVISIONS
None but members of the Division who bid originally may bid
on revisions requiring a change of less than 25%, of the cubical quan-
tity of granite and then only to those to whom they originally sub-
mitted bids, except to contractors or others who did not themselves
bid originally but are making bids on the revised plans and speci-
fications. Bids to such contractors who did not bid originally shall
not be lower than the lowest. revised bid given to original bidders.
In case the lowest filed bid (filed originally) amounted to less than
twenty-five thousand dollars ($25,000), this paragraph shall be
effective for one hundred and twenty (120) days and otherwise for
one hundred and eighty (180) days from the time established in
Rule 1 (a) hereof for the original filing of bids.
RULE G. OPENING IOF- COMPETITIVE BIDDING
The Divisional Code Authority or the Administrator shall declare
the new or revised bidding open to all members of the Division upon
receipt of satisfactory evidence of collusion between any or all
bidding members of the Division or between bidding member or
bidding members of the Division and others.
RULE 7. AGENTS
(a) Each member of the Division shall immediately file with the
Depository established under Article III, section 4, a list of all his
sales agents together with a true and complete statement of all oral
and 'or written contractual relations with each such agent. Informa-
tion regarding such contractural relations is to be available to the
Administrator, and to be otherwise held confidential by the
(b) No member of the Division shall, directly or indirectly, make
any allowance or payment whether in the form of money or other-
wise to hii sales agents except in strict accordance with the true
and complete statement of all oral and, or written contractual rela-
tions with such agent as hereinbefore required.
RULE S. SECRET REBATES, ETC.
No member of the Division shall (except as herein provided) offer
or make any payment or allowance to any purchaser of a rebate,
refund, commission credit, unearned discount or excess allowance,
whether in the form of money or otherwise, or offer or extend special
service or privilege not extended to all customers of the same class,
for the purpose of influencing a sale.
RULE 9. CONTRACT ADJUSTMENTS REQUIRED
No member of the Divikion in the execution of a contract for
granite shall furnish and,/or provide, directly or indirectly, any
-material, labor, or service of any nature in addition to the require-
ments of his existing contract as filed with the depository unless
an equitable adjustment shall have been made to compensate this
member of the Division therefore.
RULE 10. SELLING TO (OTIIERS, ETC.
No member of the Division shall sell to or through any person who
is a member of this Division who resells except on condition that
such person shall agree not, (1) to split commissions directly or
indirectly with any person; (2) to sell or offer to sell granite except
in compliance with all the provisions of this Code.
RULE 11. SALES AND CONTRACTS IN ACCOR:DANCE WITH CODE
No member of the Division shall directly or indirectly sell, offer
to sell, negotiate for the sale of, contract or perform any contract
for granite in violation of this Code.
RULE 12. APPLICATION
The provisions of this Article shall apply to this Division as herein
defined excluding operations therein undertaken in accordance with
bona fide bids made not more than ninety (90) days prior to the
effective date, or contracts entered into prior to the effective date.
ARTICLE V-REGISTRATION OF MEMBIIEER OF THE DIVISION
Each member of this Division within thirty (30) days after the
effective date of this Chapter, shall register with the Divisional Code
Authority. All members of this Division who shall be within the
Building Granite Division thereafter shall likewise register with the
Divisional -Code Authority. Registration of the member, of this
Division shall include the full name and mailing address of such
member. Application may be made by the Divisional Code Au-
thority to the Administrator for an extension of the time limit for
registration by any member of this Division if it appears that the
time limit as provided herein may cause injustice or undue hardship
to any member of this Division.
ARTICLE VI--1M( iIFICATION
Subject to the provisions of Section 2 (c) of Article IVB of Chap-
ter I of this Code, the provisions of this Chapter, exc.pt, as to provi-
sions required by the Act, may be modified on the bsis of experience,
or changes in circumstances, such modifications to be balse, upon
application to the Administrator and such notice and hearing as he
shall specify, and to become effective on his approval.
ARTICLE VII--MANDATORY PROVISIONS OF THE ACT AND REFERENCE
TO PROVISIONS OF CHAPTER I
SECTION 1. Labor P'ro'islion.l of the Act.-Employees ,shall have
the right to organize and bargain collectively through representa-
tives of their own choosing and shall be free from the interference,
restraint, or coercion of members of the Division, 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
employment shall be required as a condition of employment to join
any company union or to refrain from joining, organizing or assist-
ing a labor organization of his own choosing; members of the Divi-
sion shall comply with the maximum hours of labor, minimum rates
of pay, and other conditions of employment, approved or prescribed
by the President.
SECTION 2. Presidentlkd Powe's.-This Code, and all the provisions
thereof, and of any Chapter thereof, are expressly made subject to
the right. of the President, in accordance with the provisions of sub-
section (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 specifically, but without limitation to the right
of the President to cancel or modify his approval of this Code, or
of any addition thereto, or any conditions imposed by him upon
SECTION 3. Ri ference to Provisiont of Chapter I.-Provisions of
Chapter I of this Code, including any amendments thereto, or modi-
fications thereof, except as herein specifically provided are specifically
incorporated herein with the same force and effect as if set forth .
herein in full.
ARTICLE VIII-EFFECTIVE DATE .iii:
This Chapter shall become effective on the thirtieth (30th) day '":|i
after the approval pursuant to the Act, and shall apply only within
the forty-eight (48) States and the District of Columbia.
Approved Code No. 24---Supplement No. 18.
Registry No. 1023-01.
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