Supplementary code of fair competition for the mason contractors industry (a division of the construction industry) as a...

MISSING IMAGE

Material Information

Title:
Supplementary code of fair competition for the mason contractors industry (a division of the construction industry) as approved on April 19, 1934 by President Roosevelt
Portion of title:
Mason contractors industry
Physical Description:
6 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

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

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1015-02."
General Note:
"Approved Code No. 244--Supplement No. 7."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 005024627
oclc - 63655014
System ID:
AA00008002:00001

Full Text



A-


NATIONAL RECOVERY ADMINISTRATION




SUPPLEMENTARY

CODE OF FAIR COMPETITION

FOR THE


MASON CONTRACTORS


INDUSTRY

(A Division of the Construction Industry)

AS APPROVED ON APRIL 19, 1934
BY
PRESIDENT ROOSEVELT


WE DO OUR PART


'I


I .
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


:.|iFr bY tIE Smagatbtendent of Documente, Washinlton, D.C. - Pr ice 5 cents

" .. : ... :* .;i.-.
.:';;;"'; ; i ;'.':
. ..... ..... .i ...
. .' :: ..: .[. ..... .. ..." "


Approved Code No. 244--Supplement No. 7


Registry No. 1015--02


'i























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, Tex.: 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.


I I







Approved Code No. 244-Supplement No. 7


SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE
MASON CONTRACTORS INDUSTRY
As Approved on April 19, 1934
BY
PRESIDENT ROOSEVELT


EXECUTIVE ORDER
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE MASON CON-
TRACTORS 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 Chap-
ter I of the Code of Fair Competition for the Construction Industry
approved January 31, 1934, for approval of the Mason Contractors
Chapter of said Code, and hearings having been held thereon, and
the Administrator having rendered his report containing an analysis
of said Mason Contractors Chapter and of said Code of Fair Compe-
tition as supplemented by the addition thereto of said Mason Con-
tractors Chapter, together with his recommendations and findings
with respect thereto, and the Administrator having found that the
said Mason Contractors Chapter and the said Code of Fair Competi-
tion, as supplemented by the addition thereto of said Mason Con-
tractors Chapter, 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 Mason Con-
tractors 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 Mason
Contractors Chapter.
FRANKLIN D. ROOSEVELT.
Approval recommended:
HUGH S. JOHNSON,
Administrator.
THE WHITE HOUSE,
Ap-il 19, 1934.
53973 ---482-116---34 (1)












LETTER OF TRANSMITTAL


The PRESIDENT,
The White House.
Sr: This is a report of Chapter VIII, the Mason Contractors
Chapter of the Code of Fair Competition for the Construction Indus-
try, which was approved by you on January 31, 1934, and which is
described as Chapter I.
This Chapter is a revision after a public hearing conducted in
Washington on December 7, 1933. Additional previous testimony
may be found in the Transcript of Hearing on the Construction
Industry Code which was held in Washington on November 20,
1933, in Volume III, pages 219 to 223, inclusive. These hearings
were held in accordance with the provisions of the National Indus-
trial Recovery Act, and this Chapter was thereafter revised and
resubmitted.
THE INDUSTRY
The Mason Contractors Division is an important branch of the
Construction Industry, both in original construction and in repair-
ing existing installations. Their work is described more fully by
the definitions contained in Article I of this Chapter.

PROVISIONS FOR HOURS AND WAGES
The hours and wages set forth in Chapter I of the Code of Fair
Competition for the Construction Industry, approved by you on
January 31, 1934, are, except for minor exceptions, favorable to
employees, applicable to this Chapter.

ECONOMIC EFFECT OF THE CODE
In 1929 there were employed in the Mason Contracting Industry
80,000 skilled masons and 70,000 semi-skilled and unskilled-masons'
tenders. Of these 150,000 workers, steady work for approximately
27,000 men has been available during 1933. It is reasonable to sup-
pose that with the prohibition of unfair trade practices and the
establishment of uniform rates of pay and hours of work, better
conditions will prevail in this Industry and that employers,
employees and the public will be benefited.

FINDINGS
The Deputy Administrator in his final report to me on said Mason
Contractors Chapter of the Code of Fair Competition for the Con-
struction Industry, as supplemented by the addition thereto of said
Mason Contractors Chapter, having found as herein set forth and
on the basis of all the proceedings in this matter:







T find that:
(a) Said Mason Contractors Chapter and said Code of Fair Com-
petition for the Construction Industry as supplemented by the addi-
tion thereto of said Mason Contractors Chapter, are well designed
to promote the policies and purposes of Title I of the National In-
dustrial Recovery Act, including 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 coopera-
tive 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 prac-
tices, 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 unemployment,
by improving standards of labor, and by otherwise rehabilitating
industry.
(b) Said Mason Contractors Chapter and the Code of Fair Com-
petition for the Construction Industry, as supplemented by the addi-
tion thereto of said Mason Contractors 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 representa-
tive of the aforesaid Industry; and that said association imposes no
inequitable restrictions on admission to membership therein.
(c) Said Mason Contractors Chapter and the Code of Fair Com-
petition for the Construction Industry, as supplemented by the addi-
tion thereto of said Mason Contractors Chapter, are not designed to
and will not permit monopolies or monopolistice practices.
(d) Said Mason Contractors Chapter and the Code of Fair Com-
petition for the Construction Industry, as supplemented by the addi-
tion thereto of said Mason Contractors 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
Mason Contractors Chapter and of said Code, as supplemented by
the addition thereto of this Mason Contractors Chapter thereof.
For these reasons, therefore, I recommend approval of said Mason
Contractors Chapter and said Code, as supplemented by the addition
thereto of said Mason Contractors Chapter thereof.
Respectfully,
HnGH S. JOHNSON,
Administrator.
A PrI 19, 1934.












CHAPTER VIII

MASON CONTRACTORS DIVISION OF THE CONSTRUC-
TION INDUSTRY

ARTICLE I-DEFINITIONS

SECTION 1. The term Mason Contractors Division ", or "this
division ", as used herein means the contracting for and the erection
in the United States of America, of all types of brick work, rubble
stone, cinder block masonry, ornamental terra cotta, salt glazed tile,
hollow tile, and gypsum block, including the furnishing of any labor
or materials incident thereto; and such branches or subdivisions
thereof as may from time to time be included under the provisions
of this Chapter, subject to the approval of the Construction Code
Authority and the Administrator.
SECTION 2. The term "Association" as used herein means the
Mason Contractors Association of the United States and Canada.

ARTICLE II-WAGES AND HOURS AND GENERAL LABOR CONDITIONS

SECTION 1. The provisions of this Code relating to maximum hours
shall not apply to-
a. Employees engaged in a professional, executive, or supervisory
capacity receiving more than thirty-five dollars ($35.00) a week.
However, no employee engaged in a supervisory capacity who per-
forms manual work shall be included in the exception of this sub-
section.
b. Watchmen, who may be permitted to work not in excess of
eighty-four hours in any two week period, and not in excess of (48)
forty-eight hours in any one week period.
SECTION 2. Each employer shall make payment of all wages due
in lawful currency or by negotiable check therefore payable on de-
mand at par. Wages shall be paid at regular periods and if cus-
tomary, at the end of every week, but in any event semimonthly.
There shall be no payment or deduction therefrom for pensions, in-
surance or sick benefits except those required by law or voluntarily
agreed to.
SECTION 3. Employers and their agents shall accept no rebates
directly or indirectly, on such wages, or give anything of value or
extend favors to any person for the purpose of influencing the rates
of wages or the working conditions of their employees.
SECTION 4. No employee now employed at a rate in excess of the
minimum herein prescribed shall be discharged and reemployed at
a lower rate for the purpose of evading the provisions of this Code.
SECTION 5. Copies of Chapter I, and of this Chapter of this Code
shall be kept posted by all employers in conspicuous places easily







accessible to all employees in their offices, shops, and at the site or,
sites of all operations.
SECTION 6. No member of this division shall directly or indirectly,.
or by any subterfuge sublet solely the labor services required by any,
contract assured by such member.
SECTION 7. No employer shall avoid or evade the labor provisions
of this code by contracting his work to any person or persons subject;
to labor provisions less stringent than those provided in this code.!
SECTION 8. Any employer shall be subject to the applicable maxi-
mum hourly limitations provided in this code in his performance of
manual labor or mechanical occupations customarily performed by1
employees.
SECTION 9. Every employer shall make reasonable provisions fori
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 Administraton
within three (3) months after the effective date of this code.
ARTICLE II-ADMINISTRATION

SECTION 1. A Divisional Code Authority is hereby constituted to"
administer this code within this Division. The Divisional Code
Authority shall consist of nine members. Six of said members shall'
be elected by the members of this Division, and the Association, at
meetings of the Association from members thereof who are members
of this Division. The remaining three members of the Divisional
Code Authority shall be appointed on a fair basis from and as repre-
sentatives of members of this Division who are not members of the
Association by a Committee of three elected by the members of the
Association who are members of this Division at the meeting for
the election of the other members of the Divisional Code Au-
thority. Such appointees shall be subject to the approval of the
Administrator.
The term of office of all members of the Divisional Code Authority-
shall be one year.
Successors of all members of the Divisional Code Authority shall
be selected in like manner; except that any successor to any member
of the Divisional Code Authority who represents the members of this
Division who are not members of the Association shall be selected by:
the non-members of the Association, if such successor and the manner:
of his selection is approved by the Administrator. Any appointee
may be removed by the agency authorized to appoint.his successor,
with the approval of the Administrator.
SEcTION 2. The Divisional Code Authority shall in addition to the'
powers and duties which said Divisional Code Authority has by
virtue of paragraph B, Article IV, Chapter I of this Code, cooperate
with the Administrator in regulating the use of any N.R.A. insignia
solely by those members of the industry who have assented to, andC
are complying with, this Code.

ARTICLE IV-TRADE PRACTICES
SECTION 1. The Divisional Code Authority, within sixty (60) dayf
after the effective date of this chapter shall prescribe and submit to






6"4

the Construction Code Authority for its approval as provided in
Article VII, Section 14, of Chapter I hereof, a method-for checking
competitive bids submitted by members of this division. :
SECTION 2. No member of this division shall secretly offer or make
any payment or allowance of a rebate, refund, commission, credit,
unearned discount, or excess allowance whether in the form of money
or otherwise, or secretly offer or extend to any customer any special :
service or privilege not extended to all customers of the same class, ..
for the purpose of influencing a sale or contract.
SECTION 3. 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 au-."'.. :::::
thority as therein defined, unless such owner or other persons agree "':::i
to comply with the regulations provided therein governing.an award- "'.ll.
ing authority.
ARTICLE V-MODIFICATIONS
SECTION 1. Subject to the provisions of Section 2 (c) of Article
IV, B, of Chapter I hereof, the provisions of this Chapter except
as to the provisions provided by the Act may be modified on the.
basis of experience or changes in circumstances, such modifications
to be based on application to the Administrator and such notice and ,
hearing as he shall specify and to become effective upon his approval.
ARTICLE VI-REFERENCE TO PROVISIONS OF CHAPTER I
The provisions of Section 7 (a) and 10 (b) of the Act, which are
set forth in Section 1 and 6 respectively of Article VIII of Chapter :
I of this Code are specifically incorporated herein by reference with :
the same force and effect as if set forth herein in full; all other pro-
visions of Chapter I of this Code, except as herein provided, apply ::
within this Division with the same force and effect as if set forth
herein in full...
ARTICLE VII-REVIEW oF ACTS or CODE ATrroromu
If the Administrator shall determine that any action of the Divi- .
sional Code Authority or any agency thereof may be unfair or un-; 1
just 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 J
he shall fail to disapprove after thirty days' notice to him of inten-
tion to proceed with such action in its original or modified form.
ARTICLE VIII
This Code (Chapter I and this Chapter) shall become effective
within this Division on the second Monday after the approval of.
this Chapter by the President.
Approved Code No. 244--Supplement No. 7.
Registry No. 1015-02.
O UNIVERSITY OF FLORIDA
llll3 lllll 262 08482 9174 l Il Bl II HII
3 1262 08482 9174
R. ,