Code of fair competition for the plastering industry

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Material Information

Title:
Code of fair competition for the plastering industry as revised September 5, 1933 for public hearing
Physical Description:
7 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
Supt. of Documents
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Plastering -- Law and legislation -- United States   ( lcsh )
Industries -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title
General Note:
"656-B ; Registry No.1032-3-02"

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004856185
oclc - 63655074
System ID:
AA00007855:00001

Full Text
UNIVERSITY OF FLORIDA

Iil ill i Ill I I I Il l l l ni| I I l ill i
3 1262 08486 7638
656-BT


NATIONAL


Registry No. 1032-3-02
.I


L RECOVERY ADMINISTRATION


PROPOSED CODE OF FAIR COMPETITION

FOR THE


PLASTERING INDUSTRY

AS REVISED SEPTEMBER 5, 1933 FOR PUBLIC HEARING


WE DO OUR PART


The Code for the Plastering Industry
In Its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry




UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1933

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





































SUBMITTED BY
CONTRACTING PLASTERERS' INTERNATIONAL ASSOCIATION
(U)













PROPOSED CODE OF FAIR COMPETITION FOR THE
PLASTERING INDUSTRY
PREAMBLE
In order to effectuate the policies set, forth in the National Indus-
trial Recovery Act, the following provisions shall constitute the Code
of Fair Competition for the Plastering Industry.

ARTICLE I-DEFINITION
SECTION 1. The term "Plastering Industry" means and includes
the business of furnishing labor and material in the casting, fabri-
cating, mixing, applying, and/or installing, altering, or repairing
all plain or ornamental plastering, regardless of the nature of the
material used or the structure to which it. is applied, including the
use of pigments and their incorporation in plastic material used in
simulation of other material, including also all lathing and light iron
furring used to receive such plain and ornamental plastering.
SEC. 2. AfLmnber of the Industry.-The term "member of the
industry" means and includes any person, firm, association, or
corporation who engages in the business of the industry as defined
in Article I, Section 1, of this Code.
SEC. 3. Person.-The term "person" as used herein means and
includes any natural person, partnership, association, corporation,
trust, trustee in bankruptcy, receiver, or agency.
SEC. 4. Contractor.-The term "Contractor" as used herein means
and includes any person, firm, association, or corporation who engages
in or contracts to engage in the business of the industry as defined in
Article I, Section 1, of this Code.
SEC. 5. Employee.-The term "Employee" means and includes
any person employed in the business of the Industry as defined in
Article I, Section 1, of this Code.
SEC. 6. President.-The term "President" as used herein means the
President of the United States or his duly authorized representative.

ARTICLE II-INDUSTRY LISTING
SECTION 1. The industry approves of a system of listing all members
of the Industry. Each member of the Industry shall be listed upon a
form. Such listing form shall be prepared and issued by the National
Emergency Committee of the Industry hereinafter referred to.
Each member of the Industry shall state upon such listing form (A)
his name and permanent address; (B) that he is or is not insuring his
employee under the provisions of the Workmen's Compensation laws
of the state or states in which he is operating; (C) his agreement to
furnish the Emergency National Committee information and reports
as set forth under Section 2A and Section 3 of Article 8 of this Code,
as well as such other information and reports that may be required
97140-33 1









by the administrator of the National Industrial Recovery Act; (D)
such reports shall be made at least quarterly to the Emergency
National Committee upon forms to such listed member of the Industry
by the said Committee; (E) the pledge of the member to support the
provisions of the National Industrial Recovery Act and the provisions
of this Code; (F) it shall be the duty of all members of the Industry
to make written application for such listing forms to the Emergency
National Committee within forty (40) days after the approval of this
Code by the President.
ARTICLE III-EMPLOYMENT PROVISIONS
SECTION 1. As required by Section 7A of Title 1 of the National
Recovery Act, the following provisions are conditions of this Code:
(A) All employees in the Industry shall have the right to organize
and bargain collectively through representatives of their own choos-
ing and shall be free from interference, restraint, or coercion of em-
ployers of labor or their agents in the designation of such representa-
tives or any other concerted activity for the purpose of collective
bargaining, or other mutual aid or protection.
(B) 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 assisting a labor organization of his own
choosing.
(C) Employers shall comply with the maximum of labor, minimum
rates of pay, and other conditions of employment approved or sub-
scribed by the President.

ARTICLE IV-WAGES AND HOURS
SECTION 1. Maximum. Hours.-Employers in the plastering indus-
try shall not employ any employee-
(A) In excess of the maximum average of forty (40) hours a week
during a six-(6) month calendar period, or forty-eight (48) hours in
any week in such period, or eight (8) hours in any one (1) day, exclud-
ing employees engaged in professional, executive, administrative, or
supervisory work; those engaged in cases of emergency work requiring
the protection of life or property and those in establishments employ-
ing not more than two (2) persons in towns of less than twenty-five
hundred (2,500) population, which towns are not a part of a larger
trade area. Population shall be determined by the 1930 Federal
census.
(B) Employers shall not employ accounting, clerical, or office em-
ployees in any place or manner for more than forty (40) hours in any
week, excluding employees in managerial or executive capacities and
those in establishments employing not more than two (2) in towns
of less than twenty-five hundred (2,500) population, which towns are
not a. part of a larger trade area. Population shall be determined by
the 1930 Federal census.
(C) Nothing herein contained shall be construed to apply to em-
ployees whose hours of labor are established for specific projects by
competent governmental authority, acting in accordance with law
or with hours of work established by contracts now in force.









(D) Area or local agreements for wages and hours-minimum rates
of wages and maximum hours of labor may be established nationally
or for a region or locality by mutual agreements reached through
bona fide collective bargaining between truly representative national,
regional, or local groups of employers and employees. No such
agreement shall be construed to supersede minimum wages or maxi-
mum hours established for specific projects by competent govern-
mental authority acting in accordance with the law.
SEC. 2. Classes of Employees.-Labor employed in the Industry is
classified under the divisions as stated in this Section, which includes
all labor customarily employed in the Industry, and is as follows:
Plasterers, lathers, plasterers' laborers, plasterers' apprentices, lathers'
apprentices, modelers, model makers, casters, unskilled shop labor,
office, and clerical employees.
SEC. 3. Minimum Wages.-The minimum rate of wages to be paid'
by all employers in the Industry shall be (A) the wage called for in
in the joint collective arbitration wage agreements between associa-
tions of employers in the industry and labor organizations, and the
wage and working hour provision in such agreements are hereby made
a part of this Code and shall during the time designated in such agree-
ments be the minimum wage and maximum hours for all localities'
called for therein, and shall apply to work done thereunder as a basis
for fair competition.
SEC. 4. In all other localities not specifically called for under the
collective joint arbitration wage agreements as called for under Pala-,
graph A herein, the rate of wages shall not be less than a minimum of-
Per Hour
Plasterers----- _--...---------------.---------..- $1. 00
Lathers --.....-----------------------.-----..----- 100
Plasterers' laborers ..---------------- _..__. .70
Modelers ...------------------ ----.---..---.--- .- -.- 1. 50
Model makers---..------.----------------------------- 1. 00
Casters ----------------------------------- -- 75
Shop laborers-------------------------- -- ---------- .40
(A) Apprentices during their apprenticeship or learning period, and
apprentices or learners shall be paid as follows:
First year, 25% of journeyman's wages.
Second year, 35% of journeyman's wages.
Third year, 60% of journeyman's wages.
Fourth year, 75% of journeyman's wages.
All apprentices shall be subject to the maximum hours set for the
trade in which they are indentured.
(B) The minimum rate of wages for accounting, clerical, and office
employees shall not be less than Fifteen ($15.00) Dollars per week in'
any city of over 500,000 population; Fourteen Dollars and Fifty'
Cents ($14.50) per week in any city between 250,000 and 500,000
population; Fourteen ($14.00) Dollars per week in any city of be.
tween 2,500 and 250,000 population; such wage scales to apply also*
in the immediate trade areas of such cities; and Twelve ($12.00)
Dollars per week in towns of less than 2,500. Population shall be
determined by the 1930 Federal census.
SEC. 5. Minimum Wage.-No person employing labor in the work
of lathing and plastering shall pay any grade or class of labor so
working a smaller amount per hour than the minimum amount per









hour established under this Code for such grade or class of labor in
the zone or locality where such work is being done.
SEC. 6. Arbitration.-To promote the continuity of employment
uninterrupted by strikes and lock-outs, the Industry endorses the
principle of mediation and arbitration as occasion arises.
SEC. 7. Age Limit.-The minimum age for labor in the Plastering
Industry shall be the legal limit as provided by the laws of the State
in which the operation is located, but in no instance less than 16 years.

ARTICLE V-COST
SECTION 1. Coat Acc.unting.--In all transactions of the Ind-usttry,
each member of the Industry must take into account all of the ele-
ments that enter into the cost thereof, including the element of
overhead and profit.
SEC. 2. Members' Cost.-No one engaged in the Industry shall
contract or sell any of its said products at a price or prices below the
cost thereof to such member. Every member of the Industry
employing annually an average of five (5) or more mechanics or
laborers classified in Article IV, Section 2, of this Code must set up
a cost. accounting system. All others shall use the summary esti-
mating sheets called for under Section 4 of Article V of this Code.
SEC. 3. Sale at Cost.-It is hereby declared to be an unfair method
*of competition for any one in this Industry to contract or sell any of
said products below its own cost.
SEC. 4. Sumrnmry Estimafing Sheet.-The Industry recommends
the use by all members of the Industry of uniform summary esti-
mating sheets which shall set forth in detail all of the items called
for in a given job- Among such items, cognizance shall be taken of
overhead and profit, both of which elements shall be included in
any estimate or bid made.
SEC. 5. The said Emlergency National Committee may amend the
cost accounting system as set forth in Sections 1, 2, 3, and 4 of this
Article by making such additions, changes, or alterations therein as
the said Committee shall determine is necessary or advisable for the
Industry, upon the approval of any such amendment by the President
in manner as set forth in said Act, the same becoming a part of this
Code and binding upon this Industry, and all reference in this Code
to a cost accounting system shall hereafter apply to said cost account-
ing system as amended.
ARTICLE VI-STANDARDS OF WORK
SECTION 1. This Code comprehends the Plastering Industry in its
useful, necessary, and traditional function by the inclusion of all its
component. parts-lathing and plain and ornamental plastering- ,
all of which are integral and interdependent in any finished job and j
must be so considered to place responsibility for the finished work.
Therefore, to conserve health, comfort, sanitation, and safety of .*
occupants of countless homes and other structures, the Contracting
Plasterers' International Association reserves the right to recommend .,
specifications establishing standards of work with the intention .of
coordinating the same with Government standards, which when
approved by the President, shall become a part of this Code.









ARTICLE VII-TRADE PRACTICES
SECTION 1. Inferior Work.-The substitution of inferior materials,,
improper mix, or use of materials or any misrepresentation in connec-
tion with the sale or use of such products for the purpose or with the
effect of misleading or deceiving purchasers with respect to the quan-
tity, quality, or grade thereof is an unfair trade practice.
SEC. la. Lumping Labor.-The "lumping" of labor by a contractor
or other person to a journeyman so employed is an unfair trade
practice.
SEC. 2. False Representations.-False representations made either
directly or indirectly or by inference by a member of the industry
that a competing member has quoted or is quoting different prices
for his products or terms and conditions of sale than those actually
quoted by such competing member is an unfair trade practice.
SEC. 3. Defamation.-The defamation of a competitor by words or
acts which untruthfully call in question his business integrity, his
ability to perform his contracts, or his credit standing is an unfair
trade practice.
SEC. 4. Rebates.-The taking of rebates, gifts, refunds, or other-
wise cheating upon agreed wage scales under any form of subterfuge
is an unfair practice.
SEC. 5. Contracts.-The Industry hereby records its approval of the
policy of adopting standard and equitable contract forms, with
clearly written and commonly understood provisions fair to buyers
and sellers. The said Emergency National Committee may prepare
standard forms of orders or contracts to be used by the members of
the industry in selling their commodities or in taking contracts to do so.
SEC. 6. Fair bidding practices.-No one in the Plastering Industry
shall be a party to the unfair competitive practices known throughout
the construction industry as "Bid Peddling" or "Bid Chiseling"-
the industry reserving to itself, locally or nationally, the right to
legally formulate such rules and regulations as will eliminate such or
other unfair competitive bidding practices.
The Plastering Industry records its approval of the principle of
prequalification of all contractors engaged in the industry as a means
of establishing ethics, responsibility, and fair treatment in com-
petitive practices in the industry.
SEC. 7. No restrictions.-The Contracting Plasterers' International
Association has no inequitable restrictions on admission to member-
ship therein, and is truly representative of the said industry. The
Code adopted by it is not designed to promote monopolies or to
eliminate or oppress small enterprises, and will not operate to dis-
criminate against them, and tends to effectuate the policy of the title
of said Act.
SEC. 8. Purpose.-This Code is adopted for the purpose of increas-
ing employment, establishing fair and adequate wages, effecting nec-
essary reduction of hours, improving standards of labor and the
fundamentals of good work, to make effective standards of fair com-
petition for such industry for the protection of building ownership,
competitors, employees, and others, and in furtherance of the public
interest in any transaction in said industry.




S


6

ARTICLE VIII-REPRESENTATION
SECTION 1. To effectuate the purposes of this Code and of the
National Industrial Recovery Act and to provide for administration
and coordination within the Plastering Industry, there is established
an "Emergency National Committee" to be composed of twelve (12)
members; ten (10) of such members shall be the selection of the local
affiliated associations of the Contracting Plasterers' International
Association, and two (2) of such members shall be selected by the
Executive Committee of such Association on a fair basis from non-
members of such Association. The Administrator may, if he see-3 fit,
from time to time designate a nonvoting representative to serve upon
this Committee.
SEC. 2. Powers.-The Emergency National Committee shall be the
general planning and coordinating agency for the industry. Its
members shall be empowered to act for the industry conclusively in
respect to all matters before the Committee for consideration and
within its jurisdiction. The Committee shall have the powers and
duties specifically provided herein, and in addition thereto it may
exercise any of the following powers:
(a) From time to time require such reports from those in the indus-
try as in its judgment may be necessary to advise it adequately of the
administration and enforcement of the provisions of this Code.
(b) Upon complaint of interested parties or upon its own initiative
make such inquiry and investigation into the operation of the Code as
may be necessary.
(c) Make rules and regulations necessary for the administration
and enforcement of this Code.
(d) Hold a trade-practice conference to establish rules of fair trade
practice for the Industry not already specifically established in this
Code.
SEC. 3. Statistics.-The Committee shall gather from the members
of the industry data necessary for the administration of the National
Industrial Recovery Act, which data may include:
(a) Number of persons employed.
(b) Wage rates, earnings, and hours worked.
(c) Price, costs, and
(d) Other items at the option of the Industry.
SEc. 4. Delegation, of power.-The Committee may delegate any of
its authority to the National Code Authority Committee, hereinafter
provided, and may designate such agents as it shall determine.
ARTICLE IX-NATIONAL CODE AUTHORITY COMMITTEE
SECTION 1. Appointment.-The Emergency National Committee
of this Industry shall appoint from its own membership a National
Code Authority Committee of three members. The National Code
Authority Committee shall exercise such authority as may have been
delegated to it by the said Emergency National Committee.
SEC. 2. Communications and conferences.-All communications and
conferences of this Industry with the President or with his agents
concerning the approval or amendment of this Code, or any of its
provisions or any matters relating thereto shall be through the said
National Code Authority Committee. The National Code Authority
Committee shall serve as an executive agency for the Emergency
National Committee of this industry, and shall b charged with the









enforcement of the provisions of this Code and with the duties,
through agents or otherwise, of hearing and adjusting complaints,
considering proposals for amendments, and making recommendations
thereon, approving recommendations for exceptions to the provisions
of this Code and otherwise administering its provisions.
SEC. 3. Appeal.-Any member of the Industry shall have the right
to appeal to the Emergency National Committee from the decisions
of the National Code Authority Committee, and the decisions of the
said Emergency National Committee may be appealed to the National
Administrative Committee of the Construction League of the United
States.
SEC. 4. Function.-The function of this Committee shall be the
general planning and coordination for this Industry, and cooperation
with similar boards of other industries, to the end of effecting a balanced
national economy.
SEC. 5. Cost of Administering the Code.-All employers and persons
as defined in this Code shall bear their equitable share of the expenses
incident to the administration of this Code of fair competition for
the Plastering Industry under such rules and regulations as may be
approved by the President, under Section 10A of Title 1 of the National
Industrial Recovery Act.
ARTICLE X-GENERAL
SECTION 1. Interpretation.-No provision of this Code shall be
interpreted or applied in such a manner as to promote monopolies;
permit or encourage unfair competition; eliminate or oppress small
enterprises; or discriminate against small enterprises.
SEC. 2. Cancellation or Alodification.-This Code or any of its
provisions may be canceled or modified, and any approved rule
issued thereunder shall be ineffective to the extent necessary to
conform to any action by the President under Section 10 of the
National Industrial Recovery Act.
SEC. 3. Recorimendatiovns.-The Emergency National Committee
of this Industry and the National Code Authority Committee shall,
from time to time, make the members of the industry such recommen-
dations, including amendments of this Code, as in their judgment, will
aid the effective administration of this Code or may be necessary to
effectuate within this Industry the purpose of the National Industrial
Recovery Act as administered.
SEC. 4. Ametndments.--Amendments to this Code may be proposed
by any three local member associations of the industry to the Emerg-
ency National Committee or may be initiated by the Committee, and
when approved by the President shall become a part of this Code, and
effective as such.
SEC. 5. Violation.-Violation by any member of this Industry of
any of the provisions of this Code, or any rule issued thereunder, or
any approved amendment thereof, is an unfair method of competi-
tion.
SEC. 6. Approral.-This Code shall be in effect beginning the sec-
ond Monday after its approval by the President.
Dated at --,-------.---- 1933.
NATIONAL CODE AUTHORITY COMMITTEE.
Approved -
(For the President).














































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