NATIONAL RECOVERY ADMINISTRATION
CODE OF~ FAIR COMPETITION
TERRA COTTA INDUSTRY
ral by the Supedntendent of Documents.Washlaston, D.C. - Price 5 cents
Registry No. 1041---01
AS APPROVED ON OCTOBER 81, 1938
Two no oun swir
1. Exeenrtive Order
8. Letter of ~Trsanmittal
UNIV. OF F L1J.
MGOVENMN PRINTING OPI~
WASHINGTON s 1988\r
UNIVERSITY1111 OF11111 FLORIDA11111111
This publication is for sale by the Superintendent of Documents, Government
Printing Offce, Washington, D.O., and by district ofliees of the Burean of
lioreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post bilice Building.
Birmingham, ALla.: 257 Federal Building.
Boston, Mass.: 1801 Custombouse.
Bulfalo, N.YT.: Chamber of Commerce Building.
Charleston, 8.O.:i Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells street.
Cleveland, Ohio: Chamber of Commenre.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 2213 First National Bank Building.
Houston, Tex.: Chamber of Commeree Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, F'la.: Chamber of Commerce Building.
Kansas City, M~ro.: 1028 Baltimore A~venue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville. Ky.: 408 F~ederal Building..
Memphis, Tenn.: 220 Federal Burilding.
Mlinneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Oustomhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Poet Ofihce Banlding.
St. Louis, Mo.: 506 Olive Street.
Ban Francisco, Calif.:~l 31 Gstomhouse.
Battle, Wash.: 800 Federal Building.
CODE OF 1EAIR COMPETITION FOR THIE TERRA~ CO'rA I~NDUSGTRY
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, for my approval of a Code
of Fair Competition for the Terra Cotta. Industry, and hearings
having been held thereon and the Administrator having rendered
Shis report containing an analysis of the said code of fair com-
petition together with his recommendations and findings with re-
spect thereto, and the Administrator having found that the said
code of fair competition complies 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
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 approve the report and recommendations and
adopt the findings of the Administrator and do order that the said
code of fair competition be and is hereby, approved.
FRANKLIN D. ROOSEVELT.
Tax Warra HousE,
October 31, 1933.
Approval recommended :
Huran S. JoHNson,
Ocr0BERa 26, 1933.
Th7e White House.
Sma: This is a report of the hearing on the Code of Fair Competi-
tion for the Terra Cot~ta Industry in the United States conducted in
W~ashington on September 26, 1933, in accordance with the provi-
sions of the National Industrial Recovery Act.
PROVI~SIONS OF THIS CODE As TO WAGES AND HOURS
This code provides for a maximum work week of forty hours, with
the following exceptions:
(a) Employees in supervisory, technical, or executive capacities
receiving in no week less than $35.00, outside salesmen and watch-
(b) Office and technical staff, who shall receive time and one
third for time over forty hours per week; dratftme~n, repair shop
crews, engineers, electricians, outside crews, and cleaners, who shall
receive time and one third for time over forty-four hours per week.;
estimators and firemen, who shall receive time and one third for
time over forty-eight hours per week.
This code provides for minimum rates of pay of thirty-five centsJ
in the North and thirty cents in the Sout'h, regardless of whether
an employee is compensated on a time rate, piecework rate, or other
It provides a minimum rate for watchmen of $15.00 per week. A
person whose earning power is limited because of physical or mental
defect, age, or other i~nfrmity, may be employed at a wage below
the above mentioned minima, if the employer obtains from the State
Authority designated by the United States Department of Labor a
certificate authorizing h~is employment at such wages and for such
hours as shall be stated in the certificate.
To the extent practica.ble, earnings shall not be decreased and
rates of pay in excess of the minimum prescribed in the Code shall
be increased so as to preserve equitable differentials.
No person under sixteen years of age shall be employed and none
under eighteen employed in any hazardous occupation.
ECONOMLIC: EFFECTS OF THE CODE
This industry is, at the present time, in a most serious condition.
According to figures presented by the Code Committee, the sales
for the first eight months of 1926 amounted to $14,057,089, whereas
for the first eight months of 1933 they amounted to only $577,517,
or approximately four percent of the 1926 figure.
In view of the present low volume of business in this industry, it
is doubtful whether the adoption of this code will result in a large
immediate increase in employment. If the industry were to return
to normal volume of business, the code would result in an increase
II:of: over twenty percent in the number of men employed and close to
$g1,500,000 in annual payroll, according to figures presented by the
The minimum wage rates specified represent an increase over min-
imum wage rates, now prevailing within the industry, of from 75%'
to 100%o in the North and of approximately 150%/ in the South.
For an industry, in the condition in which this one finds itself, to
go so fair is evidence of a very fine spirit of cooperation.
The Administrator finds that--
(a) The Code as recommended complies in all respects with the
pertinent provisions of Title I of the A~ct, including, without limit-
ation, subsection (a) of Section 7 and subsection (b) of Section 10
thereof ; and that
(b) The applicant group imposes no inequitable restrictions on
admission to membership therein and is truly representative of the
Terra Cotta Industry; and that
(c) The Code as recommended is not designed to promote monop-
olies. or to eliminate or oppress small enterprises and will not
operate to discriminate against them and will tend to effectuate t~he
policy of Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be immediately
Res pect fulIly,
Huan S. JoHNson,
CODE OF FAIR COMPETITION FOR THE TERRA COTTA
To elfectuate the policy of Title I of the National Industrial Re-
ovqery Act, during the period of the emergency, by reducing and
relieving unemployment, improving the standards of labor, eliminat-
ing competitive practices destructive of the interests of the public,
employees, and employers, and otherwise rehabilitating the Industry,
the following provisions are submitted as a Code of Fair Competi-
tion: for the Terra Cotta Mianufacturing Industry; and upon approval
by the President shall be the standard of fair competition for such
Industry and shall be binding upon every member thereof.
ARETCLE TT- DEFINITIONS
A The term lIndustry "1 as used herein is de~ned to mean the
manufacture for sale of hand-made architectural terra cotta and/or
machine-made terra cotta wall facing of the type fabricated by
architectural terra cotta manufacturers for use in the erection and
construction of buildings.
B. The term Emaployee as used herein shall include anyone
engaged in the Industry as hereinabove defined in any capacity re-
ceiving compensation for his services, irrespective of the method of
payment of such compensation.
C. The term "L Employer as used herein includes anyone by whom
such employee is compensated or employed.
I). The term District as used herein means a geographical
district of the United States as established by the Code Authority.
E. The term "L North as used herein means all territory in the
United States except that listed below under "L South."~
F. The term "L South as used herein means the following States:
A~labama, ACrkansas, ]Florida, Georgia, Kentucky, Louisiana, Missis-
Vs~ipi Nothad South Carolina, Oklahoma, Tennessee, Texas and
-G. The term bi~d" as used herein means a lump sum estimate
and proposal of a terra cotta manufacturer to furnish to an owner
or to a, general contractor or to a subcontractor for masonry, the
terra cotta required for a particular building project, aiccorigto
the drawings of the architect and the specifications for suchbilng
II. The terms President ", "Act ", and "Administrator as ue
'h;PEerin shall mean respectively the President of the United States,
the National Industrial Recovery Act, and the Administrator of
I. The term "L elective date as used herein shall mean the second
Monday after the approval of this Code by the President.
Arrrozz III -LABOR
A. W~ages.-1l. On and after the effective date, except as herein-
after set forth, no employee shall be paid at less- than the rate of
thirty-five (35) cents per hour in the North and thirty (30) cents~
per hour in the South. ..0i
2. The foregoing paragraph of Section A establishes a minimum
rate of pay regardless of whether an employee is compensated on a
time rate, piece-work rate, or other basis.
8. To the extent practicable, earnings shall not be decreased and
rates of pay in excess of the minimum herein prescribed shall be
increased so as to preserve equitable differentials
4. Watchmen either in the plant or -offce shall be paid not le~ss
than $15.00 per week.
5. A person whose earning power is limited because of physical or;
mental defect, age, or other infirmity, may be employed at a wage
below the minimum set by the 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 shaUl be stated in the certificates. State Authorities
will be guided by the instructions of the United States Department
of Labor in issuing certificates to such persons.
B. Hozcrs.-1l. Oin and after t~he effective date, no employee shall
work or be permitted to work in excess of fortyv (40) hours in alnlV
2. The provisions of the foregoing paragraph of Section B shall
not apply to employees in supervisory, tehmea, or executsive capaci-n
ties, receiving in no week less than$300ortousdslemn
watchmen, and janitors, or to the following employees:
(a) Estimators, who may work not to exceed forty-eight (48),
hours per week, with payment of time and one third for overtime
(b) Draftsmen, who may work not to exceed forty-four (44)
hours per week, with payment of time and one third for overtime
(c) Office and technical staff, who may work not to exceed forty
(4) hours per week, with payment of time and one third for over-
(d) Firemen, who may work not to exceed forty-eight (48) hotnrs
per week, with payment of time and one third for overtime there-
(e) Repair-shop crews, engineers, and electricians, outside crews
and cleaners, who may work not to exceed forty-four .(44) hours per
week, with payment of time and one third for overtune thereafter.
3. No employer shall knowingly engage any employee for any
time which, when totaled with that already performed with another
employer or employers, exceeds the maximum permitted herein.
C. Clhild Labor.-No person under sixteen (10) years of age shall
be employed in the Industry, nor anyone under eighteen (18) year
of age at operations or occupations hazardous in nature or dti
mental to health. The Code Authority shaHl submit to the Admin-
istrator before January 1, 1934, a list of such occupations. In. Ban
State an employer shall be deemed to have complied with this pro-..-
vison if he shall have on fle a certificate or permit duly issued by
the authority in such State; empowered to issue employment or age
certificates or permits, showing that the employee is of thle required
D. Classifeaction.-Employers shall not reclassify employees or
duties~ of occupations performed by employees so as to defeat the
purposes of the Act.
E.. Stability .of Emplo~yment.--An employer shall so administer
workr in his charge as to provide a maximum practicable continuity
of employment for his personnel.
F. Related Latos.--Within each State this Code shall not super-
sede any laws of any governmental authority imposing more strin-
gent requirements on employers regulating the age of employees,
wages, hours of work, or health, fire, or general working conditions
than. under this Code.
Gl. Posting of Code.--Each employer shall post in conspicuous
pliaces in each department full copies of this Code.
II. Statutory~ Provisione.-1.; Employeesshlhaetergto
organizee and bargain collectively througshal rrsnatveso the irh t
own choosing, and shall be free from the interference, restraint, or
coercion of employers of laboor, 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.
2. No employee and no one seeking employment shall be required
so a condition of employment to join any company union or to
refrain from joining, organizing, or assisting a labor organization
of hbis own choosing.
8. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribed by the President.
A. With a view to keeping the President informed as to the
observance or nonobservance of this Code of Fair Competition, and
as to whether the Industry, is taking appropriate steps to effectuate
the declared policy of the Act, and in order to effectuate the declared
policy 'of the Act, and with a view to keeping each manufacturer
appropriatelyr informed respecting the Industry, each employer in
the Industry shall furnish to the Code Authority, or to such agency
as thle Code Authority may thereafter designate, duly certified re-
ports in substance as follows, and in such form as may hereafter be
1.Wlages and Hours of Labor.-Returns every four weeks show-
]inig actual hours-worked by the various occupational groups of em-
pl~eees and minimum weekly rates of wage.
8il"Repo~rts on Ordere..- Weekly returns showing orders taken in
tennk obf thie commonly used units; i.e., tonnage and net dollars of
each such orde~rr
8.; Bide~ or ~eafiites.--Daily or current record of bids submitted.
& The~b National Terra Cotta Maanufacturers Association is in-
itially constituted the agency, directly and through its district oilices,
to collect, to receive, and to disseminate such reports. Such Agenc
acnd/'or the Code Authority shall makze reports to the Administrator
at such times and concerning such conditions in the Industry, or1
any other matters pertinent to this Code or to the Act, as he may
pr escri be.
In addition to the information required to be submitted as herei~n-.
above set forth, employers shall furnish to government agencies such
statistical information as the Administrator may deem necessary for
the purposes recited in Section 3 (a) of the Atct.
All members of the National Terra, Cotta Manufacturers Asso-
ciation, and such other members of the I~ndustry as may hereafter
have subscribed to this Article of this Code, shall submit any ques-
tions and/or controversies between members of the Industry or
districts thereof arising out of conditions in the Industry or out of
the operation of the provisions of this Code to determination, sub-
ject to review by the Administrator, by an arbitration board, ap-
pointed by a committee consisting of the President, the three Na-
tional Vice Presidents, the National Treasurer, the National Secre-
tary, and the three executive committee members of the National
Terra Cotta Mlanufacturers Asssociation. As a condition precedent
to such arbitration, such members or Districts shall obtain a certifi-
cate from the Code Authority or, if the controversy be confined. to
members within the same district, a certificate from the designated
agency of the Code Authority withlin that district, that the subject
matter of the controversy is appropriate for arbitration. Such com-
mittee shall appoint such arbitration boards upon request of any
member of the Association or of any member of the Industry who
has subscribed to the provisions of this Article or upon the request
of any District of the Industry; provided, however, that the pro-
visions of this Article shall not be construed as inconsistent with
any provisions of the Act or with such rules or regulations as the
Administrator may, in accordance with law, prescribe.
ARTICLE VI -ADMIINISTRATION
A. To effectuate further the policies of the Act, a Code Authorityr,
consisting of three members of the Industry, or of such other number
as may be approved from time to time by the Administrator, elected
by members of the Industry by fair methods of election, is hereby;
estblihedtocooperate with the Administrator as a, planning and
fair practice agency for the Industry. The National Terra Cotta
Manufacturers Association is hereby designated as the agency to
conduct such election and the Code Authority so elected is hereby
designatedl as the agency to promote the purposes of this -Code.
Such election shall be conducted within sixty days from the effective
date of this Code and the term of office shall be for the period termi-
nating on August 16, 1935. The Administrator, if he so elects, may
appoint not more than three additional nonvoting members of the
Code Authority to serve as his representatives or as representatives
of such interested groups as he may designate.
.B1 In order that tthe Code Authority shall at .all times be truly
representative of the Industry and in other respects comply with
L the provisions of the Act, the Atldministrator may provide such hear-
ings as he may deem proper; and thereafter if he shall find that the
: Code Authority is not truly. representative or does not in other
respects comply with the provisions of the Act may require an appro-
pri~ate' modification in the method of selection of the Code Authority.
G. The Code Authority shall have the following duties and powers
to ~the extent permitted by the Act, -subj~ect to the right of the Ad-
rainiistrator on review, to disapprove or modify any action taken
bry the Code Ainthority pursuant to this Code.
(1) The Code Authority shall be the general planning, coordinat-
ing, and administering agency of this Code. It meay make such rules
and regulations as may be necessary for the administration of this
(2) The Code Authority may prepare and adopt for the Industry,
afteri th~e approval thereof by the Administrator, a uniform system
or mnetlhod of estimating job' costs, which system or method shall
specify the items to be included in determining cost. After the
adoption and approval of such system or method, as hereinabove pro-
vided, each member of the Industry shall heep accounts and records
in sucoh manner as will clearly indicate the information required
forthepuroseof estimating joib costs as referred to above.
D. he odeAuthority may from time to time present to the
Administrator recommendations based on conditions in the Indus-
try as they may develop from time to time which will tend to effec-
twate the operation of the provisions of this Code and the policy of
the Nati~onal Industrial Recovery Act, and in particular aog the
: (1) Recommendations as to the requirements by the Administra-
tor of such further reports from persons engaged in the Terra Cotta
Inidustry of statistical information and keeping of uniform accounts
as may be required to secure the proper observance of the Code and
permit the proper balancing of production and consumption,. and the
stsibilization of the Industry and~ employment.
I2) Recommendations for changes in, or exemptions from, the pro-
visions of this Code as to the working hours which will tend to pre-
serve a balance of productive activity with consumption requirements
so that the interests of the Industry, employees, and the public may
be poperly served.
( Recommendations as to unfair methods, conditions of trading,
an~l destrucive practices to, promote the stabilization of the Industry
and to prevent and eliminate unfair and destructive practices.
(4) Recommeridations for dealing with such other matters as may
seem advisable to effectuate the purposes of the ALct.
E~. Such recommendations, when approved by the Administrator
after such hearing as he may prescribe, shall have the same force and
effect as any other provisions of this Code.
FP. The Code AButhority is also established to cooperate with the
Admninistra~tor ini making investigations as to the functioning and
observance of -any.of the provisions of this Code, at its own instance
or-at the.request of the Administrator or on complaint of any person
afeted, and to report the same to the Administrator.
G. The Code Authority may make such studies, as in its judgmenlt
will promote safe, healthful, and otherwise satisfactory working 9con-
ditions for employees in the Industry.
II. The Code Authority may designate governing agencies in dis-
tricts of the Industry for the administration of this Code in such dis-
tricts, and the members of such district governing agencies shall be
persons, either members of the Industry or bona fide employees of
such members, elected by the members of the Industry in such Dis-
tricts; the Codze Authority may delegate to such agencies such of its
powers and authority as may be necessary for the administration of
this Code within such districts, including the right to' submit to the
Administration recommendations for Code provisions applicable only
to such districts, within the scope of the powers granted under this
Code but the Codle Authority shall reserve the power and duty to
administer the provisions of this Code.
I. Where the costs of executing contracts entered into by members
of the Industry prior to June 16, 1933, are increased by the applica-
tion of the provisions of the Act to the Industry, it is equitable and
promotive of the purpose of t~he Act that appropriate adjustments
of such contracts to reflect such increased costs be arrived at, with
the consent of the parties to such contract, by arbitral proceedings or
other wise, and the National Terra Cotta Manufaturers Association
is constituted an agency to assist in effecting such adjustments.
A. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of subsection (b) of Section 10 of the National Industrial Re-
covery Act, from time to time to cancel or modify any order,
approval, heIense, rule, or regulation issued under Title Iof said
Act, and specifically, but without limitation, to the right of the
President to cancel or modify his approval of any provision of this
Code or any conditions imposed by him upon his approval thereof.
B. This C~ode, except as to provisions which are required to be
included therein by the Act, may be modified on the basis of expe-
rience or changes in circumstances, such modification to be based
upon application to the Administrator, and such notice and hearing
as he shall specify, and to become effective on approval of the
C. It is contemplated that fromt time to time supplementary provi-
sions to this Code or additional codes will be submitted for the
approval of the President to prevent unfair competition in price and
other unfair and destructive competitive practices and to effectuate
the other purposes and policies of Title I of the Act consistent with
the provisions hereof.
The National Terra Cotta Manunfacturers Association shall--
()Impose no inequitable restrictions on memlbershipad
(2) Submit to the Admiinistrator true copies of its3; artceso
association, bylaws, regulations, and any amendments when made
thereto, together with such other information as to membership,
organization, and activities as the Administrator may deem necessary
to effectuate the purpose of the Act.
This Code shall not be construed, interpreted, or applied so as to
promote or permit monopolies or monopolistic practices, and shall
"i not be availed of for that purpose. The provisions of this Code
shall not be so construed, interpreted, or applied as to eliminate or
to oppress or to discriminate against small enterprises, nor shall the
conduct of the Industry and of the several members thereof be such
ads to eliminate or to oppress or to discriminate against small enter-
The Code Authority may ~cooperate in the formulation of a basic
code of fair competition or of an agreement pursuant to the Act, for
producers of construction materials and may likewise cooperate in
the coordination of its activities under this Code with the activities
of any administrative agency or agencies established pursuant to any
such basic code or agreement, or pursuant to any order issued under
ARIrrCLE XI--EFFECTIVE DATE
This Code shall become effective on the effective date.