Code of fair competition for the structural steel and iron fabricating industry as approved on July 11, 1934

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Title:
Code of fair competition for the structural steel and iron fabricating industry as approved on July 11, 1934
Portion of title:
Structural steel and iron fabricating industry
Physical Description:
p. 47-84 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Structural steel industry -- Law and legislation -- United States   ( lcsh )
Steel industry and trade -- 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. 1135-22."
General Note:
"Approved Code No. 480."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931637
oclc - 63655318
System ID:
AA00008242:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION


CODE OF FAIR COMPETITION


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FOR THE


STRUCTURAL STEEL AND IRON

31 FABRICATING INDUSTRY


AS APPROVED ON JULY 11, 1934


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UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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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, Oustomhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portlaud, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.




















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!.I

Approved Code No. 480
CODE OF FAIR COMPETITION
FOR THE
STRUCTURAL STEEL AND IRON FABRICATING
INDUSTRY
As Approved on July 11, 1934


ORDER
CODE OF FAIR COMPETITION FOR THE STRUCTURAL STEEL AND IRON
FABRICATING 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, for approval of a Code of
Fair Competition for the Structural Steel and Iron Fabricating
Industry, and hearing having been duly held thereon and the annexed
report on said Code, containing findings with respect thereto, having
been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, 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 Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved; provided, however, that
the following changes be, and the same hereby are, made:
(1) That all provisions governing erection work are hereby deleted
and that such erection work shall be governed by the provisions of
Chapter I of the Code of Fair Competition for the Construction
Industry, approved January 31, 1934.
(2) That Section 2 of Article IV be, and the same hereby is,
eliminated, and in lieu thereof, the following provision be, and it
hereby is, inserted:
Section 2. (a) No employee shall be permitted to work in excess
of 40 hours in any one week or 8 hours in any twenty-four (24) hour
period except as herein otherwise provided.
(b) The provisions of this Article shall not apply to employees
engaged in emergency maintenance or emergency repair work, or to
persons employed in a managerial or executive capacity who earn
regularly $35.00 per week or more; provided, however, that em-
ployees engaged in emergency maintenance or emergency repair work
shall be paid not less than at the rate of 11/3 times their normal
hourly rate for all hours worked in excess of 40 hours in each week
or 8 hours in each twenty-four (24) hour period.
73151-829-45--34 (47)




WIFii ~


48

(c) Watchmen may be permitted to work not to exceed 56 hours
in any one week.
(d) No employee shall be permitted to work more than 6 days in
any 7-day period.
(e) No employer shall knowingly permit any employee to work
for any time which, when added to the time spent at work for another
employer or other employers in this industry or any other industry
exceeds the maximum permitted herein."
(3) That the following be, and the same hereby is, added as a
Subsection (a) 2 of Section 5 of Article IV:
"'(a) 2. No employee engaged in drafting, detailing and/or design-
ing shall be paid in any pay period less than at the rate of twenty
(20) dollars per week."
(4) That Subsection (d) of Section 5 of Article IV be, and the
same hereby is, amended to read as follows:
"(d) The respective rates of pay per hour for all employees, other
than common laborers, employed in any plant of any member of the
Industry shall be such that the minimum monthly average rate of
pay per hour for all employees (except plant superintendents)
employed in such plant shall be 150% of the minimum rate of pay
per hour for common labor in such plant specified in Subdivision 1
of such Schedule C for the locality in which such plant is located;
provided, however, that such minimum monthly average rate of pay
per hour shall in no case be less than 51 cents. For all purposes of
this paragraph (d) the monthly average rate of pay per hour at any
plant of any member of the Industry in any calendar month shall
be deemed to be the quotient obtained by dividing the total compen-
sation paid to all employees (except plant superintendents) at such
plant for such month by the total number of hours worked by such
employees at such plant in such month."
(5) That the following be, and the same hereby is, added as
Section 14 of Article IV:
"Section 14. No employer shall dismiss or demote any employee
for making a complaint or giving evidence with respect to an alleged
violation of the provisions of this or any Code of Fair Competition."
(6) That the following be, and the same hereby is, added as
Section 4 of Article V:
Section 4. In order that the Code Authority shall at all times be
truly representative of the Industry and in other respects comply
with the provisions of the Act, the Administrator may prescribe such
hearings as he may deem proper; and thereafter if he shall find the
Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, may require an
appropriate modification of the Code Authority."
(7) That Section 1 of Article VII be, and the same hereby is,
amended to read as follows:
Section 1. None of the members of the Industry shall sell or
contract or offer to sell any product and/or do or contract or offer
to do any erection work at a price which shall be less than the reason-
able estimated cost to such member of such product and/or of such
erection work, as the case may be. For the purposes of this Article
VII such reasonable estimated cost shall be determined in accordance
with the following provisions; provided, however, that no member of
the Industry shallsell or offer to sell any product or products and/or






49

erection work at a price below the member's own cost for such product
or products and/or erection work."
(8) That the following be, and the same hereby is, added as
Subsection (e) of Section 1 of Article VII:
"(e) The Code Authority shall within ten days engage a compe-
tent firm of public accountants who, subject to the review of the
Administrator shall not later than two months after the effective
date of this Code report to the Code Authority a comprehensive
estimating formula including all direct and indirect charges. This
report immediately upon approval of the Administrator will replace
this Section 1 and will become the estimating formula of the
industry."
(9) That Section 2 of Article XII be, and the same is, hereby
deleted.
(10) That Subdivision I of Schedule C be, and the same hereby is,
eliminated, and in lieu thereof, the following provision be, and the
same hereby is inserted:
"I. Minimum Rates of Pay for Common Labor in Plants
The minimum rates of pay per hour for common labor in plants
shall be as follows:
District No. 1------------------------------400
District No. 2----------------------------------------- 40
District No. 3---------------------------------------- 34f
District No. 4 ---------------------------------- 40-
District No. 5------------------------------------ 40
District No. 6----.. ---------------------------.-------- 34*
District No. 7:
Territory of Hawaii --------------------------- 34
All other localities in District No. 7------------------- 400
The minimum rates of pay established herein for common labor
shall not be construed as authorizing reductions in existing rates
of pay."
(11) That the following be, and the same hereby are, added as
additional unfair practices under Schedule F:
"R. Purchasing below advertised price of materials or accepting
rebates, credits (secret or otherwise), waiving of extras or any way
purchasing materials below published prices.
S. The shipping of material by fabrication in transit privilege to
a point or points other than actually specified on the orders to the
rolling mills for that particular material provided, however, that
nothing shall prevent the use of the fabrication in transit privilege
for the normal movement of stock material.
T. The violation of any provision of Schedule G in the purchasing
and/or selling of any material or services."
and provided, further, that within ninety days I may direct that
there be a further hearing on such of the provisions of this Code
as I may designate, and that any order which I may make after such
hearing shall have the effect of a condition on the approval of
said Code.
HvGH S. JoHNsoN,
Administrator for Industrial Recovery.
Approval recommended.
GEORGE L. BERRY,
Division Administrator.
JULY 11, 1934.












REPORT TO THE PRESIDENT

The PRESIDENT,
The White House.
SIR: This is a report on the Code of Fair Competition for the
Structural Steel and Iron Fabricating Industry, as revised after the
Public Hearing conducted in Washington on October 30, 1983, in
accordance with the provisions of the National Industrial Recovery
Act. All statements in this report are based on the Code as trans-
mitted herewith and the Order of Approval submitted for your
signature.
HOURS AND WAGES

This Code provides that workers shall not be employed for more
than forty (40) hours in any one (1) week nor more than eight (8)
hours in any twenty-four (24) hour period nor more than six (6)
days in any seven (7), except in cases of emergency when all over-
time shall be paid for at the rate of time and one-third. Further-
more, these restrictions do not apply to those in a managerial or
executive capacity who earn thirty-five dollars ($35.00) or more
per week. Employees engaged in drafting, detailing and/or de-
signing are to be paid not less than at the rate of twenty dollars
($20.00) per week. No person under sixteen (16) years of age may
be employed in the industry nor anyone under eighteen (18) years
of age in plants or in erection work. The minimum rate of pay per
hour for common labor in the Territory of Hawaii and the Southern
States is established at thirty-four cents (34<) per hour, the balance
of the United States, Alaska and the Canal Zone at forty cents (40#).
ECONOMIC EFFECTS OF THE CODE

This industry, being a capital goods industry, has suffered
severely during the depression. The number of employees in the
industry in 1929 was approximately fifty thousand but this number
has now been reduced to about one-half although the volume of
production has fallen to about one-quarter of the 1929 volume. The
analysis of the Research and Planning Division indicates that
about fifteen percent of the number of employees will probably im-
mediately benefit by increases in wages, although any increase in
wage earners will be in large measure dependent upon increases in
demand for products of the industry. The provisions designed to
prevent sales below cost should prevent a resulting loss of working
capital with its tendency to cut wages to reduce losses.
(50)







FINDING GS

The Deputy Administrator in his final report to me on said
Code having found as herein set forth and on the basis of all the
proceedings in this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of
industry for the purpose of cooperative action among trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by elim-
inating unfair competitive practices, by promoting the fullest pos-
sible 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
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) The Code as approved complies in all respect with the per-
tinent provisions of said Title of said Act. including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associ-
ation is an industrial association truly representative of the afore-
said Industry; and that said association imposes no inequitable re-
strictions on admission to membership therein.
(c) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(d) The Code is 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 Code.
For these reasons this Code has been approved.
Respectfully,
HUGH S. JOHNSON,
Administrator.
JULY 11, 1934.












CODE OF FAIR COMPETITION FOR THE STRUCTURAL
STEEL AND IRON FABRICATING INDUSTRY1
ARTICLE I-DEFINITIONS

Wherever used in this Code or in any schedule appertaining hereto
the terms hereinafter in this Article defined shall, unless the context
shall otherwise clearly indicate, have the respective meanings here-
inafter in this Article set forth. The definition of any such term in
the singular shall apply to the use of such term in the plural and
vice versa.
SECTION 1. The term the United States means and includes all
of the territory of the United States of America on the North
American continent (including Alaska and the Canal Zone) and the
Territory of Hawaii.
SECTION 2. The terms "the President ", "the National Industrial
Recovery Act ", the Administrator ", and the Administration "
mean, respectively, the President of the United States of America,
Title I of the National Industrial Recovery Act as approved by the
President June 16, 1933, the Administrator for Industrial Recovery
appointed by the President and at the time in office under, and the
agency established pursuant to Section 2 of Title I of the National
Industrial Recovery Act.
SECTION 3. The term person means and includes any individual,
firm, association, corporation or other form of business enterprise.
SECTION 4. The term "products" means and includes fabricated
steel or iron shapes, plates or bars (other than concrete reinforcing
bars) for use in the construction of buildings, bridges or other struc-
tures and any other articles incidental thereto and used in connection
therewith which shall be manufactured or processed by the person
who fabricates such plates, shapes or bars.
SECTION 5. The term "erection work" means and includes the
work of erecting products in place in buildings, bridges or other
structures and any other work incidental thereto and customarily
undertaken in connection therewith by members of the Industry.
Such other work is hereinafter sometimes referred to as "incidental
erection work."
Nothing in the Code contained, however, shall be deemed to relieve
any person from any obligation of such person to comply with the
provisions of the Code of Fair Competition for the Construction
Industry approved by the President January 31, 1934, or with the
provisions of any other code of fair competition or of any chapter
of such Construction Code that shall have been approved by the
President pursuant to the provisions of Section 3 of the National
Industrial Recovery Act, in bidding for, contracting to do, doing
or subletting any part of the work of erecting materials in place in
SSee paragraph 2 (1) of order approving this Code.
(52)







buildings, bridges or other structures (other than erection work as
hereinbefore defined) in so far as such provisions shall be properly
applicable to such part of such work.
SECTION 6. The term the Industry means and includes the busi-
ness of fabricating in the United States and selling products, or
any of them, and/or the business of contracting to do and doing
erection work in the United States, including the designing of such
products, or any of them, and of such erection work by the member
of the Industry which fabricates such products or does such erection
work.
SECTION 7. The term member of the Industry means and in-
cludes any person conducting in the United States the business of
fabricating and selling products, or any of them, and/or the business
of contracting to do and doing erection work in the United States.
SECTION 8. The term "the Code" means and includes this Code
and all schedules annexed hereto as originally approved by the
President and all amendments hereof and thereof that shall law-
fully be made.
SECTION 9. The term member of the Code means any member
of the Industry which shall have become a member of the Code as
hereinafter in Section 2 of Article III provided.
SECTION 10. The term "the Institute" means American Institute
of Steel Construction, Inc., a New York membership corporation.
SECTION 11. The term "the Code Authority" means the Code
Authority as from time to time constituted pursuant to the pro-
visions of Article V of the Code..
SECTION 12. The term the Secretary" means the secretary of
the Institute at the time in office.
SECTION 13. The term the Treasurer" means the treasurer of the
Institute at the time in office.
SECTION 14. The term unfair practice" means and includes any
act described as an unfair practice in Schedule F annexed hereto.
SECTION 15. Wherever used in the Code with reference to the
Industry or any member of the Industry or any member of the
Code, unless the context shall otherwise clearly indicate,
(a) the term plant" means only a plant for the fabrication of
one or more products in the Industry;
(b) the term "prices" includes only prices for the sale of
products and/or for erection work;
(c) the term "labor means only labor performed in the Industry;
and
(d) the term employee means only an employee in the Industry.
SECTION 16. The term the effective date of the Code means the
eleventh day after the day on which the Code shall have been
approved by the President pursuant to. the National Industrial
Recovery Act.
SECTION 17. The term an affiliated group" means one or more
corporations connected through stock ownership with a common
parent corporation if (1) at least 50% of the stock of each such
corporation (except such common parent corporation) is owned di-
rectly by one or more of the other corporations, and (2) such com-
mon parent corporation owns directly or through one or more of the
other corporations. The term an affiliated company of a member
73151 ----829-45-3--3 2







of the Industry" means (1) a corporation which is one of an affil-
ated group that also includes such member of the Industry, or (2) a
corporation at least 50% of the stock of which is owned by such mem-
ber or by such member and any other member or members of the
Industry. For the purposes of this Section 16 the term "stock"
does not include non-voting stock which is limited and preferred as
to dividends.
ARTICLE II-PURPOSE OF THE CODE

SECTION 1. The Code is adopted pursuant to Title I of the National
Industrial Recovery Act.
SECTION 2. The purpose of the Code is to effectuate the policy of
Title I of the National Industrial Recovery Act in so far as it is
applicable to the Industry.
ARTICLE III-MEMBERSHIP IN THE CODE
SECTION 1. It is of the essence of the Code that all members of the
Industry which shall comply with the provisions of the Code shall
be entitled to participate in its benefits upon the terms and conditions
set forth in the Code.
SECTION 2. Any member of the Industry which shall desire to be-
come a member of the Code may do so by signing and delivering to
the Secretary a letter substantially in the form set forth in Schedule
A annexed hereto.
SECTION 3. A meeting of members of the Code may be called and
held at any time by order of the Code Authority, or by members
of the Code having the right to cast at least 50% of all the votes that
might be cast at such meeting, if all the members of the Code were
present threat, on not less than ten days' notice to each of such mem-
bers stating the time and place of such meeting and the purposes
thereof.
A meeting of members of the Industry may be called and held at
any time by order of the Code Authority, or by members of the
Industry having the right to cast at least 50% of all the votes that
might be cast at such meeting, if all the members of the Industry
entitled to vote at such meeting were present threat, on not less
than ten days' notice to each of such members stating the time and
place of such meeting and the purposes thereof.
SECTION 4. Subject as hereinafter in this Section 4 provided, at
each meeting of the members of the Code and, except as provided
in Section 2 of Article V of the Code, at each meeting of members of
the Industry, each member of the Code shall have as many votes as
shall equal the sum of (a) the quotient obtained by dividing by
2000 the average annual amount in tons of the products fabricated
by such member and delivered for use within the United States
during the four calendar years 1928 to 1931, inclusive, and (b) the
quotient obtained by dividing by 10,000 the average annual amount in
tons of the products the erection work on which in the United States
was done by such member during the four calendar years 1928 to 1981,
inclusive. Fractions in such quotients shall be disregarded; pro-
vided, however, that each member of the Code shall have at least





55

one vote. The number of votes which each member of the Code
shall be entitled to cast at any such meeting shall be determined
by the Code Authority in accordance with the provisions of this
Section 4.
If any member of the Industry shall within thirty days after it
shall have become a member of the Code, file with the Secretary a
petition stating that the average annual amount in tons of the prod-
ucts fabricated and delivered by such member for use within the
United States during the four calendar years 1928 to 1931, inclusive,
did not fairly represent the comparative position of such member in
the Industry at the end of such four year period, the Code Authority
may fix the amounts in tons which in its opinion would fairly repre-
sent the position of such members in the Industry at the end of such
four year period and the number of votes to which such member
shall be entitled under the provisions of this Section 4 shall be com-
puted on the basis of the amounts so fixed. The Code Authority
may also, from time to time in its discretion, adjust the amounts in
tons on the basis of which the number of votes of each member of the
Code shall be computed in such manner as fairly to apportion such
votes among the members of the Code with due regard to their com-
parative positions in the business of fabricating, and/or doing erec-
tion work on, products used in the United States at the time of any
such adjustment; provided, however, that no adjustment made by the
Code Authority under the provisions of this sentence shall take effect
prior to January 1, 1935. At each meeting of members of the Code
or of members of the Industry, as the case may be, any individual
or firm who shall be entitled to vote threat may, and any association
or corporation which shall be entitled to vote threat shall, vote by
proxy in writing duly executed by such' member and filed with the
Secretary. Any such proxy may be for a specified meeting or be a
general proxy for any or all meetings that may be held until such
proxy shall have been revoked by an instrument in writing duly
executed and filed with the Secretary by the member of the Industry
which gave such proxy.
SECTION 5. At each meeting of the members of the Code or of the
members of the Industry, as the case may be, members thereof having
the right to cast at least two-thirds of all the votes that might be
cast at such meeting, if all the members of the Industry entitled to
vote at such meeting were present threat, shall constitute a quorum
for the transaction of business at such meeting.
SECTION 6. The Institute shall impose no inequitable restrictions
on membership, and will maintain on file with the Administrator
true copies of its certificate of incorporation, constitution and by-
laws, regulations and any amendments when made thereto, together
with such other information as to membership, organization and
activities as the Administrator may from time to time deem necessary
to effectuate the purpose of Title I of the National Industrial
Recovery Act.
SEcTIoN 7. In order to be entitled to notice of and to vote at any
meeting of members of the Industry, a member of the Industry which
shall not be a member of the Code
(a) must in good faith be complying with the provisions of the
Code;







(b) must at least ten days prior to the date of such meeting, have
filed with the Secretary a statement showing its name and address
and the report required by the provisions of Section 6 of Article IX
of the Code; and
(c) must have contributed toward the expenses of administering
the Code in an amount at least equal to the amount which would
have been payable by it had it been a member of the Code from the
effective date of the Code or from the date on which it became such
member of the Industry, whichever date shall be the later, to the
date of such meeting.
Except as provided in Section 2 of Article V of the Code, at
each meeting of the members of the Industry each member thereof
which shall have qualified to vote at such meeting as hereinbefore
in this Section 7 provided shall have a number of votes determined
in the same manner as is hereinbefore in Section 4 of this Article
VI provided for determining the number of votes which a member
of the Code shall have at such meeting.
ArTICLE IV-Houis OF LABOR, RATES OF PAY AND OTHER CONDITION
OF EMPLOYMENT.
SECTION 1. Pursuant to subsection (a) of Section 7 of the National
Industrial Recovery Act, the Code contains the following conditions:
(1) That employees shall have the right to organize and bargain
collectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers
of labor, or their agents, in the designation of such representatives
or in self-organization or in other concerted activities for the pur-
pose of collective bargaining or other mutual aid or protection;
(2) that 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 organ-
ization of his own choosing; and
(3) that employers shall comply with the maximum hours of
labor, minimum rate of pay, and other conditions of employment,
approved or prescribed by the President.
SECTION 2. Except as hereinafter in this Section 2 provided and
so long as employees qualified for the work required shall be avail-
able in the respective localities where such work shall be required,
(a) none of the members of the Industry shall cause or permit
any employee in any of its plants to work more than 40 hours or
more than 6 days in any one week; provided, however, that such
employees may be permitted to work more than 40 hours per week,
but not more than 48 hours per week, in any 4 weeks of any period
of 16 consecutive weeks; and
(b) employees employed on erection work shall not be permitted
to work more than 40 hours in any one week or more than 8 hours
in any 24 hour period; provided, however, that, if on any job of
erection work working time shall have been lost because of weather
conditions or unavoidable delays, until such lost working time shall
be made up, employees on such job may be permitted to work more
than 40 hours per week and more than 8 hours in any 24 hour period,








but not more than 48 hours per week, in any 4 weeks of any period
of 16 consecutive weeks.
The foregoing provisions of this Section 2 shall not apply
(1) to the following classes of employees, if they shall be receiv-
ing pay at a rate of $35 per week or more, viz: executives, those
employed in supervisory capacities (other than foremen regularly
performing manual labor) and in technical work and their respective
staffs; or
'(2) to watchmen or those employed in emergency work. Watch-
men may be permitted to work not more than 56 hours in any one
week.
None of the members of the Industry shall knowingly permit any
employee who also shall have performed work for one or more other
employers (whether or not members of the Industry) to work for
such member such number.of hours as would result in a violation of
the Code had all such work been performed for such member.2
SECTION 3. None of the members of the Industry shall emplnv any
employee under 16 years of age; nor shall any member of the Indus-
try employ any employee under 18 years of age in or about its
plants or in or about any erection work.
SECTION 4. For the more effective administration of the Code, the
districts described in Schedule B annexed hereto have been estab-
lished and the minimum rates of pay for labor have been fixed for
the various localities described in Schedule C annexed hereto within
the respective districts.
SECTION 5. Subject as hereinafter in Section 7 of this Article IV
provided:
(a) The rate of pay per hour which each member of the Industry
shall pay for common labor employed in its plant or plants in any
of the localities described in Subdivision I of Schedule C annexed
hereto shall be not less than the minimum rate of pay set forth in
such Subdivision I for such common labor in such locality.3
(b) The rate of pay per hour which each member of the Industry
shall pay for common labor employed by such member in erection
work in any of the localities described in Subdivision II of such
Schedule C shall be not less than the minimum rate of pay set forth
in such Subdivision II for such common labor in such locality;
provided, however, that the provisions of this paragraph (b) shall
not be construed as establishing a minimum rate of pay for other
than common labor.
(c) Except as hereinafter in this Section 5 provided, none of the
members of the Industry shall pay any of its employees performing
labor in its plant or plants in any locality described in Subdivision I
of such Schedule C, or in erection work in any locality described in
Subdivision II of such Schedule C, at any rate of pay less than the
minimum rate specified in such Subdivision I or in such Subdivision
II, as the case may be, for common labor in such locality.
(d) The respective rates of pay per hour for all employees, other
than common laborers, employed in any plant of any member of
the Industry shall be such that the minimum monthly average
SSection 2 deleted and substitution inserted. See paragraph 2 (2) of order approving
this Code.
'Additional subsection inserted. See paragraph 2 (3) of order approving this Code.







rate of pay per hour for all employees (except plant superintefd-
ents) employed in such plant shall be 127 percent of the minimum
rate of pay per hour for common labor in such plant specified in
Subdivision I of such Schedule C for the locality in which such
plant is located; provided, however, that such minimum monthly
average rate of pay per hour shall in no case be less than 88 cents.
For all purposes of this paragraph (d) the monthly average rate
of pay per hour at any plant of any member of the Industry in any
calendar month shall be deemed to be the quotient obtained by
dividing the total compensation paid to all employees (except plant
superintendents) at such plant for such month by the total number
of hours worked by such employees at such plant in such month.'
(e) The employees referred to in the foregoing paragraph (d) of
this Section 5 shall not include superintendents, managers, civil ens
gineers, draughtsmen, accountants, clerks or stenographers, or other
employees whose pay is customarily included as a part of adminis-
trative and/or selling expenses. ITe respective rates of pay which
shall be paid by each member of the Industry to its employees of
the classes hereinbefore in this paragraph (e) referred to (not in-
cluding such employees whose rates of pay were more than $35 per
week on August 15, 1933) in any locality shall be at least 80% of
the respective rates of pay (not including any bonus) paid by it
to its employees of such classes in such locality on July 16, 1928;
provided, however, that none of the members of the Industry shall
pay any such employee at a rate of pay less than $14 per week.
Each member of the Industry which shall not have done so since
June 15, 1933, shall make such adjustments in the rates of pay of
its employees of the classes referred to in this paragraph (e) whose
rates of pay on August 15, 1933, were greater than $35 per week
(not including executives and heads of departments) as shall be
fair and equitable to such employees.
(f) If any member of the Industry shall pay any employee per
piece work performed, the minimum rate of pay which such mem-
ber shall pay to such employee for such work shall be such that
the rate of pay per hour of such employee for the number of hours
worked by him during the pay period in which such work shall be
performed shall be not less than the minimum rate of pay per hour
provided under the Code for such class of work in the plant or
locality in which such work shall be performed.
(g) Anything in the Code to the contrary notwithstanding, the
rate of pay perhour for apprentices, watchmen or office boys, or for
any employee who because of age or disability shall not be engaged
in active manual labor, shall be not less than 80% of the minimum
rate of pay per hour for common labor applicable under Subdivision
I of such Schedule C to the plant at which such employee shall be
employed; provided, however, that the number of such employees
who shall be employed at such plant and who shall be paid at a rate
of pay per hour less than such minimum rate of pay per hour for
common labor shall not exceed 5% of the total number of employees
regularly employed at such plant; and provided further that for the
purposes of this paragraph (g) none of the employees of a member
Amended. See paragraph 2 (4) of order approving this Code.







of the Industry shall be deemed an apprentice after he shall have
been in the employ of such member for a period of six months.
SECTIow 6. Each member of the Code which shall violate any pro-
vision of Section 5 of this Article IV shall pay to the Treasurer as
an individual and not as treasurer of the Institute, in trust, a sum
equal to $3 per ton of each ton of any product or products which
shall have been fabricated in the plant of such member in which the
violation shall have occurred during the continuance of such viola-
tion or in the erection work on which such violation shall have oc-
curred and which shall have been erected during the continuance
of such violation, as the case may be.
SECTION 7. Where provisions concerning hours of labor or rates
of pay have been established for specific projects, by competent
governmental authority or agencies (whether Federal, State, or po-
litical subdivisions thereof) acting in accordance with law, any
member of the Industry required to comply and complying with the
provisions so established shall be relieved of compliance with any
conflicting provisions of this Article IV.
SECTION 8. If any member of the Code shall sublet any erection
work to any person not a member of the Code, such member shall
procure from such person an agreement substantially in such form
as shall have been approved by the Code Authority whereby such
person shall agree to comply, and to cause any subcontractor to which
such person may in turn sublet such erection work or any part
thereof to comply, with the provisions of this Article IV in respect
of the maximum hours of labor and minimum rates of pay for com-
mon labor which shall be employed by such person or such sub-
contractor, as the case may be, in such erection work. Each member
of the Code which shall violate any provision of this Section 8 shall
pay to the Treasurer as an individual and not as treasurer of the
Institute, in trust, a sum equal to $5 per ton for each ton of any
product or products the erection work on which shall have been
sublet by such member in violation of this Section 8.
SECTION 9. None of the members of the Industry shall sublet all
or any part of the work of fabricating any product or products in
quantities of 10 tons or over for any one job, or the making of any
drawings in connection therewith, to any person who shall not agree
to conform to the provisions of the Code or of another code of fair
competition approved by the President pursuant to the provisions
of the National Industrial Recovery Act and applicable to such per-
son, in respect of maximum hours of labor and minimum rates of pay
for labor which shall be employed on such work. Any member of
the Code which shall sublet any such work in violation of this Sec-
tion 9 shall pay to the Treasurer as an individual and not as treas-
urer of the Institute, in trust, a sum equal to $5 per ton for each ton
of any product or products any such work on which shall have been
so sublet by such member.
SECTION 10. None of the members of the Industry shall sublet all
or any part of the work of fabricating any product or products or
the making of any drawings in connection therewith or any erection
work thereon to any of its employees; provided, however, that the
foregoing provisions of this Section 10 shall not be deemed to pro-
hibit any member of the Industry from paying any of its employees





60


per piece of work performed at a rate of pay which shall conform to
the provisions of paragraph (f) of Section 5 of this Article IV.
SECrTON 11. None of the members of the Industry shall reclassify
its employees or their duties or occupations or employ any other sub-
terfuge, for the purpose of defeating the purposes or provisions of
the National Industrial Recovery Act or the Code.
SECTON 12. Members of the Industry shall make payment of all
wages due in lawful currency or by negotiable check therefore payable
on demand. Wages shall be paid at least bi-monthly and salaries
shall be paid at least monthly. None of the members of the Industry
nor any agent of such member shall accept any rebate from such
wages directly or indirectly.
SECTION 13. In doing any incidental erection work (as the term
"incidental erection work" is defined in Section 5 of Article I of the
Code), members of the Industry shall comply with the maximum
hours of labor and minimum rates of pay at the time in effect under
the Code of Fair Competition for the Construction Industry ap-
proved by the President on January 31, 1934, in so far as they shall
be applicable to such incidental erection work.5
ARICLE V-TIHE CODE AUTHORITY

SECTION 1. The Code Authority shall consist of the following:
(a) The members of the Board of Directors of the Institute at
the time in office.
(b) Two associate members to be appointed as hereinafter in Sec-
tion 2 of this Article V provided.
(c) Not more than two members, as the Administrator shall de-
termine, each of whom shall be a member of the Industry (or an
executive officer of a corporation or a member of a firm which is a
member of the Industry) and who may be elected by the members
of the Industry which are not members of the Institute, if such
members of the Industry shall so desire, in such manner as the
Administrator shall approve.
(d) One or more members, not exceeding three, who shall be
appointed by the Administrator. Such member or members shall
serve without expense to the Industry and shall not have the right
to vote.
SECTION 2. Each of the two associate members of the Code Au-
thority provided for in paragraph (b) of Section 1 of this Article V
must be a member of the Industry (or an executive officer of a cor-
poration or a member of a firm which is a member of the industry)
conducting the business of doing erection work under the Code but
not conducting the business of fabricating products. In the first
instance such two associate members shall be appointed by the Board
of Directors of the Institute from among not less than five individ-
uals nominated by Structural Steel and Bridge Erectors Association,
all of whom shall be members of the Industry (or executive officers
of corporations or members of firms which are members of the Indus-
try) conducting the business of doing erection work under the Code
but not conducting the business of fabricating products. Within 90
days after the effective date of the Code, the Code Authority shall
*Section 14 added. See paragraph 2 (5) of order approving this Code.








call a meeting of all members of the Industry which shall be mem-
bers of the Code or which shall have qualified to vote as provided
in Section 7 of Article III of the Code and which shall be engaged
in the business of doing erection work under the Code for the elec-
tion of two associate members of the Code Authority to succeed the
two first appointed as above provided. At such election each such
member of the Industry shall be entitled to one vote for each such
associate member to be elected and such associate members shall be
elected by plurality vote. The associate members so elected s!hll
serve for a term of one year or until their successors shall be elected.
SThereafter two such associate members shall be elected annually in
the same manner.
SECTION 3. The Code Authority may from time to time prescribe
rules for the calling and conducting of meetings thereof. A major-
ity of the members of the Code Authority at the time in office and
entitled to vote shall constitute a quorum for the transaction of busi-
ness at any meeting of the Code Authority, but a number of such
members less than a majority thereof may adjourn any meeting from
time to time until a quorum shall be present threatt6

ARTICLE VI-ADMINISTRATION OF THE CODE
SECTION 1. The administration of the Code shall be under the
direction of the Code Authority. To the extent permitted by the
National Industrial Recovery Act, the Code Authority shall have
all the powers and duties conferred upon it by the Code and gener-
ally all such other powers and duties as shall be necessary or proper
to enable it fully to administer the Code and to effectuate its purpose.
SECTION 2. For the purpose of facilitating the administration of
the Code, the Code Authority shall appoint two committees as
follows:
(a) A Committee on Fabrication to consider, and make recom-
mendations to the Code Authority in respect of, matters in connec-
tion with the administration of the Code which relate to the fabri-
cation of products under the Code and to have such other powers
and duties with regard to such matters as the Code Authority shall
from time to time prescribe. Such Committee shall consist of seven
members, including the chairman, all of whom shall be members of
the Code Authority who are members of the Industry (or executive
officers of corporations or members of firms which are members of
the Industry) conducting the business of fabricating products under
the Code.
(b) A Committee on Erection to consider, and make recommenda-
tions to the Code Authority in respect of, matters in connection with
the administration of the Code which relate to erection work under
the Code and to have such other powers and duties with regard to
such matters as the Code Authority shall from time to time pre-
scribe. Such Committee shall consist of seven members, including
the chairman, two of them shall be the associate members of the Code
Authority hereinbefore in Article V referred to and the remaining
five of whom shall be members of the Code Authority who are mem-
SSection 4 added. See paragraph 2 (6) of order approving this Code.
S- 73151 --829-45---34---3








bers of the Industry (or executive officers of corporations or members
of firms which are members of the Industry) conducting the business
of doing erection work under the Code.
Any action taken by either of such Committees shall be reported
to the Code Authority at the meeting thereof next following the
taking of such action and any such action may be rescinded or
modified by the Code Authority at any time.
SECTION 3. The Code Authority may from time to time appoint
such other committees as it shall deem necessary or proper in order
to effectuate the purpose of the Code, and it may delegate to any
such committee generally or in particular instances such of the
powers and duties of the Code Authority under the Code as the
Code Authority shall deem necessary or proper in order to effec-
tuate such purpose. Any member of any such committee may be
a member of the Code Authority or an officer or a director of a
member of the Industry or a person not having any official connec-
tion with any member of the Code or with the Institute, as the
Code Authority shall deem proper.
SECTION 4. The Secretary shall act as Secretary under the Code.
Under the direction of the Code Authority, he shall keep all books
(except books of account) and records under the Code and, except
as the Code Authority shall otherwise provide, shall collect, file and
collate all statistics and other information required by tne Code
Authority for the proper administration of the Code.
SECTION 5. The Treasurer shall act as Treasurer under the Code
and, under the direction of the Code Authority, he shall have cus-
today of. and have charge of the disposition of, all funds collected
under the Code; and he shall keep proper books of account show-
ing the collection and disposition thereof. The Treasurer shall fur-
nish a bond satisfactory to the Code Authority.
SECTION G. The Code Authority shall have power from time to
time (a) to appoint and remove, and to fix the compensation of, all
such other officers and employees and all such accountants, at-
torneys and experts, as the Code Authority shall deem necessary
or proper for the purpose of administering the Code and (b) to
fix the compensation of the Secretary and the Treasurer for their
services in acting under the Code.
SECTION 7. The expenses of administering the Codes shall be borne
by the members of the Industry. The Code Authority may from
time to time make such assessments on account of such expenses
against the members of the Industry as it shall deem proper and
such assessments shall le payable as the Code Authority shall specify.
The part of such expenses which shall be assessed against each
member of the Industry shall bear the same relation to the total
of such expenses as the number of votes which, pursuant to the pro-
visions of the Code, such member might cast at a meeting of the
members of the Industry held at the time of any such assessment
shall bear to the total number of votes that might be cast threat
by all the then members of the Industry, if all of such members
were entitled to vote at such meeting.
SECTION 8. If the Administrator shall determine that any action
of the Code Authority or any agency thereof is unfair or unjust or
contrary to the public interest, the Administrator may require that






63

such action be suspended in order to afford to him an opportunity
for investigation of the merits of such action and to the Code
Authority or such agency an opportunity for further consideration
thereof. Pending the determination on such investigation or fur-
ther consideration, such action shall not become effective, unless
the Administrator shall approve it or unless he shall fail to dis-
approve it after thirty days notice to him of intention to proceed
with such action in its original or modified form.
SECTION 9. The Code Authority shall be deemed to have discharged
its full duty under the Code with respect to any violation or alleged
violation of the Code, when the Code Authority shall have exercised
such powers as are at the time legally conferred upon it in respect
thereof and, in the event of the inability of the Code Authority
to obtain compliance with the provisions of the Code, shall have cer-
tified the facts available to it with respect to such violation or alleged
violation to the Administrator or to such other appropriate Gov-
ernmental authority as he shall designate and thereafter shall have
been ready to render all proper assistance to the Administrator or
to such other Governmental authority in any lawful proceeding to
obtain such compliance.

ARTICLE VII-PRICES AND TERMS OF PAYMENT

SECTION 1. None of the members of the Industry shall sell or
contract or offer to sell any product and, or do or contract or offer
to do any erection work at a price which shall be less than the
reasonable estimated cost. to such member of such product and/or of
such erection work, as the case may b?. For the purposes of this
Article VII such reasonable estimated cost shall be determined in
accordance with the following provisions.7
(a) All estimates of cost in fabricating any product (including
overhead and general and selling expenses as provided in para-
graph (d) of this Section 1 shall be based on the minimum rates
of pay and the minimum monthly average rates of pay at the time
in effect under the Code as provided in Section 5 of Article IV and
in Subdivision I of Schedule C thereof for the locality in which the
plant of such member at which such product shall be fabricated is
located; provided, however, that if such rates shall be less than the
minimum rates of pay and the minimum monthly average rates of
pay for the same classes of labor at the time in effect under the
Code as provided in said Section 5 and in Subdivision I of such
Schedule C for the locality in which such product is to be delivered
or erected, then such estimates of cost (including overhead and gen-
eral and selling expenses as provided in paragraph (d) of this
Section 1 shall be based on the minimum rates of pay and the mini-
mum monthly average rates of pay for such classes of labor at the
time in effect under the Code as provided in said Section 5 and in
Subdivision I of such Schedule C for such latter locality.
(b) All estimates of cost or erection work (including overhead
and general and selling expenses as provided in paragraph (d) of
this Section 1) shall be based on the rates of pay for labor to be
employed on such work and for the purposes of any such estimate
'Amended. See paragraph 2 (7) of order approving this Code.







(1) the mininmuil rate of pay per hour for common labor to be
employed on such work shall be not less than the minimum rate of
pay per hour for such labor at the time in effect under the Code as
provided in Section 5 of Article IV and in Subdivision II of Sched-
ule C thereof for the locality in which such work is to be done, or in
the case of erection work referred to in Section 7 of Article IV of the
Code, the rate of pay prescribed as provided in said Section 7, and
(2) the minimum average rate of pay per hour for all employees
(except the foremen and the resident engineer in charge of the job
at the place of such work) who shall be employed on any job of
erection work on which eight or more employees (including fore-
men) shall be employed shall be not less than 155 per cent of the
minimum rate of pay per hour for common labor on such job as
provided in the foregoing clause (1) of this paragraph (b). For
the purposes of any such estimate the average rate of pay per hour
on any such job of erection work shall be determined by dividing
the total compensation which shall be paid to all employees em-
ployed on such job (except the foremen and the resident engineer in
charge of the job at the place of such work) by the total number
of hours which shall be worked on such job by such employees and
shall in no case be less than the minimum average rate of pay per
hour hereinbefore in clause (2) of this paragraph (b) specified.
(c) The estimated cost of shapes, plates and bars shall be the
respective published base prices therefore at the respective basing
points therefore nearest in terms of delivered prices to the place
where the structure for which such shapes, plates or bars are to be
used is to be erected, plus all published extras thereon and the all-
rail published tariff freight charges thereon from such basing points
to such place, or if such structure is to be erected at any such basing
point, the published tariff switching charges (if any) which are to
be added to the base prices of such shapes, plates or bars at such
basing point; provided, however, that the Code Authority shall
from time to time by regulations copies of which shall be filed with
the Secretary and mailed to all members of the Industry modify
the method of computing such estimated cost in order to conform to,
any changes which may be made in the methods of selling shapes,
plates and bars by the producers thereof.
(d) All estimates of cost shall include such elements of cost as the
Code Authority shall from time to time prescribe and the allocation
of overhead and general and selling expenses in respect thereof shall
be on such basis as shall from time to time be prescribed by the
Code Authority.8
SECTION 2. Whenever any member of the Industry shall bid, or
agree to a price, for the sale of any product or products and/or for
any erection work in an aggregate amount of 50 tons or more, such
member shall forthwith mail to the Secretary in a sealed envelope a
duplicate copy of its lowest bid or of the agreement containing the
agreed price therefore or, if such bid or agreed price shall not be in
writing. a statement. showing such bid or agreed price and all terms
and conditions thereof. Such copy or statement shall also show the
estimated wvei.rht of such product or products and the date of such
bid or atzreement. Such envelope shall bear on its face n legend
S5i:ls."r-inn (Irf :.1hL-d. S'r pa;ragrnph 2 (R) of order approving thii Code.






65

showing the location of the structure to which such bid or price re-
lates, the names of the owner or contractor for which the work is to
be done and of the architect or engineer in charge thereof and the
time at which bids for such work are to be opened, if such time shall
be known to such member. The Secretary shall retain each such
envelope confidential and unopened until the contract for such work
shall have been awarded. Promptly after the definite award of
such. contract the member of the Industry to which such contract
shall have been awarded shall notify the Secretary thereof and the
Secretary (a) shall open and remove from each such envelope the
copy or statement of a bid or agreed price for such work therein
contained and shall thereafter keep such copy or statement on file in
his office for a period of at least one year; and (b), if a copy or
statement of more than one bid or agreed price for such work shall
have been received by him, he shall promptly mail a summary
thereof to each member of the Industry from which any such copy or
statement shall have been received by him.
SECTION 3. If any member of the Industry shall file with the Sec-
retary a written complaint claiming that the price at which any other
member of the Industry shall have contracted or offered to sell any
product and,.'or to do any erection work is in violation of Section 1
of this Article VII, the Code Authority may in its discretion investi-
gate such complaint, if it shall determine that the matters com-
plained of therein may result or may have. resulted in unfair compe-
tition in the Industry and may tend or may have tended to defeat
the policy of Title I of the National Industrial Recovery Act. In
determining whether to investigate such complaint the Code Au-
thority shall consider (a) whether, on the basis of the reports filed
with the Secretary under the Code, the member of the Industry
against which such complaint shall have been filed has, since the
effective date of the Code, contracted for more than its fair share of
the business of fabricating products used in, and,'or doing erection
work in, the United States, as compared with other members of the
Industry; and (b) whether the bid or agreed price of such member
in respect of which such complaint shall have been filed, as compared
with the other low bids for the same work, was such as to warrant
further investigation.
Before beginning any investigation, however, on such complaint
the Code Authority may in its discretion require the member of the
Industry filing such complaint to deposit with the Treasurer security
satisfactory to the Code Authority for the payment of the costs and
expenses of such investigation. For the purpose of such investiga-
tion the Code Authority shall have power to require the member of
the Industry against which such complaint shall have been filed to
furnish such information concerning the estimated cost to such mem-
ber of such product and/or of such erection work as the Code
Authority shall deem necessary or proper for such purpose. Upon
such investigation the Code Authority shall give such member an
opportunity to be heard and to present evidence with a view of justi-
fying such price and the Code Authority shall also give to any other
member of the Industry which shall have filed a complaint in respect
of such price or which shall be interested therein an opportunity to
be heard and to present evidence material to such complaint. If the







Code Authority after such investigation shall determine that such
priet \w\a less than the reasonable estimated cost to the member of
tih Industjry against which such complaint was filed of such product
andI/or such erection work and, therefore, that the making of such
price constituted a violation of the provisions of the Code, the Code
Authority shall certify the facts in respect thereof to the Administra-
tor; and (2) if such member of the Industry shall also be a member
of the Code, the Code Authority shall have power to require such
member to pay to the Treasurer as an individual and not as treasurer
of the Institute, in trust, as and for liquidated damages for such
viloation, such sum as the Code Authority shall fix, but in any case
not exceeding twice the difference between such price and such rea-
sonable estimated cost as determined by the Code Authority, together
with the costs and expenses of such investigation. If after such
investigation the Code Authority shall determine that such member
of the Industry was not guilty of a violation of the Code, the costs
and expenses of such investigation shall be paid by the member of the
Industry which shall have made such complaint. The determina-
tion of the Code Authority upon such complaint shall be filed with
the Secretary and he shall give written notice thereof to all members
of the Industry affected thereby. Such notice having been given,
such member or members shall forthwith pay to the Treasurer as an
individual as aforesaid the sum or sums, if any, required to be so
paid by such member or members pursuant to such determination.
Subject as hereinafter in Section 6 of Article XI provided, the
determination of the Code Authority upon any complaint filed
under this Section 3 shall be final and conclusive upon all members
of the Code.
SECTION 4. Pursuant to the provisions of Section 3 of Article
VI of the Code, the Code Authority may delegate to any committee
which the Code Authority may designate any or all of the powers
and duties of the Code Authority under the foregoing Section 3;
provided, however, that, anything in the Code to the contrary not-
withstanding, if any member of the Industry which shall be
aggrieved by the decision of any such committee shall, within fifteen
days after such decision shall have been filed with the Secretary,
file with the Secretary an appeal from such decision, the Code
Authority shall, as soon as practicable after the filing of such appeal
and in any case within three months thereafter, review such decision
in such manner, and take such action in respect thereof, as the Code
Authority shall deem proper. The determination of the Code
Authority upon any such appeal shall be filed with the Secretary
and he shall give prompt notice thereof to the member or members
of the Industry affected thereby.
SECTION 5. The standard terms of payment shall be as set forth
in Schedule E annexed hereto; provided, however, that the Code
Authority shall have power from time to time to change such
standard terms of payment by regulations a copy of which shall be
filed with the Secretary and mailed to each member of the Industry.
None of the members of the Industry shall allow more liberal terms
of payment than those at the time in effect under such Schedule E
or such regulations, as the case may be.







Sucrro' B. For all purposes of the Code a delivery of any product
made and/or any erection work done pursuant to any contract
therefore shall be regarded as a sale made and/or erection work done
at the time of the making of such contract. If any member of the
Industry shall sell any product to any affiliated company of such
member and such affiliated company shall resell such product., the
resale of such product, by such affiliated company and any erection
work thereon which shall be done by such affiliated company shall
for all purposes of the Code be deemed to be a sale of such product
made, and/or erection work thereon done, by such member of the
Industry and such member of the Industry shall cause such affiliated
company to conform to the provisions of the Code in making such
resale and/or doing such erection work to the same extent as if such
affiliated company were a member of the Industry. Anything in
the Code to the contrary notwithstanding, none of the provisions
of the foregoing sections of this Article VII shall apply to the sale
of any product by any member of the Industry to any affiliated
company of such member, or to any erection work done by any
member of the Industry on a structure which shall be erected for
the use of an affiliated company of such member.
SECTION 7. Nothing in the Code contained shall be deemed to apply
to or affect the sale of any product for direct shipment in export
trade by any member of the Industry within the meaning of the
term export trade as used in the Export Trade Act, or unless and
to the extent that the Code Authority shall otherwise determine, the
sale of any product by any such member for direct shipment to the
Philippines or Puerto Rico or other insular possession of the United
States of America, except the Territory of Hawaii, or any erection
work on any such product.
SECTION 8. If and to the extent requested by the Administrator, all
decisions of, approvals given by, and rules and regulations prescribed
by, the Code Authority pursuant to any provision of this Article VII
shall be reported to him.
SECTION 9. In subletting to any member of the Construction In-
dustry any incidental erection work (as the term incidental erection
work" is defined in Section 5 of Article I of the Code) members of
the Industry shall comply with the provisions of Schedule G of the
Code.
ARTICLE VIII-UNFAIR PRACTICES

For all purposes of the Code the acts described in Schedule F
annexed hereto shall constitute unfair practices. Such unfair prac-
tices and all other practices which shall be declared to be unfair
practices by any amendment that shall lawfully be made to the Code
and shall at the time be in effect shall be deemed to be unfair methods
of competition in commerce within the meaning of the Federal Trade
Commission Act as amended, and the using or employing of any of
them shall be deemed to be a violation of the Code, and any member
of the Industry which shall directly, or indirectly through any
officer, employee, agent or representative, knowingly use or employ
any of such unfair practices shall be guilty of a violation of the Code.
If at any time the Code Authority shall have reason to believe that
any member of the Industry is using or employing any practice or







practices which the Code Authority shall deem contrary to the policy
of Title I of the National Industrial Recovery Act, whether or not
any such practice is described as an unfair practice in such Schedule
F, the Code Authority shall have power to investigate such practice
or practices to the extent permitted by the National Industrial Re-
covery Act. and to make such report thereon and such recommenda-
tion in respect thereof to the members of the Industry as the Code
Authority shall deem necessary or proper in order to effectuate the
policy of such Title I.
ARTICLE IX-REPORTS AND STATISTICS
SECTION 1. Each member of the Industry shall, on or before the
eighth day of each month, file with the Secretary a report or reports,
substantially in such form as shall have been approved by the Code
Authority, containing the information specified in Section 1 of
Schedule D annexed hereto which shall relate to the business of
such member.
SECTION 2. On or before the 15th day of such month the Secretary
shall cause to be mailed to each member of the Industry a report or
reports containing the information specified in Section 2 of Schedule
D annexed hereto. If the Administrator shall so request, a copy of
each such report shall also be sent to him.
SECTION 3. Within 30 days after the effective date of the Code
(or, in the case of any member of the Industry which shall become
such member after the approval of the Code by the President,
within 30 days after it shall have become such member), each mem-
ber of the Industry shall file with the Secretary a report describing
in reasonable detail the cost accounting system employed by such
member. The Code Authority shall, as soon as practicable after
the filing of such report with the Secretary, cause such report to be
examined by an accountant or accountants designated by the Code
Authority and shall recommend to the respective members of the
Industry such changes in their cost accounting systems as the Code
Authority shall deem necessary or advisable to effectuate the pur-
pose of the Code. At the request of any member of the Industry
the Code Authority shall furnish such member with such informa-
tion and 'or assistance as the Code Authority may deem necessary or
proper in order to enable such member to make such report or to
put into effect any recommendations of the Code Authority in
respect. to the cost accounting system of such member.
SECTION 4. As soon as practicable after the effective date of the
Code the Code Authority shall cause to be prepared and filed with
the Secretary a standard form of proposal and a standard form of
contract for the use of the members of the Industry in bidding or
contracting for the sale of any product and/or for any erection
work. From and after the date on which such standard forms shall
be approved by the Code Authority and filed with the Secretary
and notice of the filing thereof shall be given to the members of the
Industry, caic member of the Industry shall whenever possible use
such form-: inl bidding or contracting for the sale of any product
and'or fior any erection work. A copy of such standard form of
proposal ;an :i copy of such standard form of contract when pre-
pared s.hall lie went to the Administrator.




S


69


SSrcON 5. Any or all information furnished to the Secretary by
any member of the Industry, and any or all information furnished
to the Code Authority by any such member in connection with any
investigation by the Code Authority under any provision of the Code,
shall be subject to checking for the purpose of verification by an
examination of the books and accounts and records of such member
by any accountant or accountants or other person or persons desig-
nated by the Code Authority and approved by such member and
shall be so checked for such purpose, if the Code Authority shall
require it. The cost of each such examination shall be treated as
an expense of administering the Code, or a part of the costs and
expenses of such investigation, as the case may be; provided, how-
ever, that if upon such examination any such information shall be
shown to have been wilfully misrepresented in any material respect
such cost shall be paid by the member of the Code which furnished
such information.
SECTION 6. Within 15 days after the effective date of the Code,
(or in the case of any member of the Industry which shall become
such member after the approval of the Code by the President, within
30 days after it shall have become such member), each member of
the Industry shall report to the Secretary, on forms to be provided
by him for the purpose, the aggregate amount in tons of the products
fabricated by such member and delivered by it for use in the United
States and the aggregate amount in tons of the products the erection
work on which was done by such member in the United States during
each of the four calendar years 1928 to 1931, inclusive. In making
such report work sublet by such member shall not be reported by it
but shall be reported by any member of the Industry to which such
work was sublet. As soon as practicable after receiving such reports,
the Secretary shall compile and mail to each member of the Industry
a statement showing the respective average annual amounts in tons
of the products fabricated by each member of the Industry and de-
livered by it for use in the United States and of the products the
erection work on which was done by each member of the Industry
in the United States during said four calendar years, which amounts
shall reflect any adjustments made by the Code Authority pursuant
to the provisions of Section 4 of Article III of the Code. A copy
of such statement shall also be sent to the Administrator.
SFnoNw 7. The Code Authority may in its, discretion dispense
with the requirement of any report or reports specified in Schedule
D annexed hereto, if it shall determine that such report or reports
are unnecessary.
SEcnoN 8. Except as otherwise provided in the Code, the Secre-
tary shall keep confidential all individual reports of members of
the Industry made under Section 1 of this Article IX.
SEuTION 9. In addition to the reports hereinbefore in' this Article
IX referred to, the Code Authority shall have power from time to
time to require each member of the Industry to furnish to the Sec-
retary for the use of the Code Authority such statistical informa-
tion concerning the production, shipments, sales and unfilled orders
of such member and relating to compliance by such member with
the provisions of Article IV of the Code as the Administrator or
the Code Authority shall deem necessary in order to effectuate the
purpose of the Code and the policy of Title I of the National Indus-







trial Recovery Act. Upon request all such information shall also
be made available to the Administrator. Such information shall
not be published except in such form as will not disclose separately
any information furnished by individual members of the Industry.
ARTICLE X-LIQUIDATED DAMAGES

SECTION 1. Any violation of any provision of the Code by any
member thereof shall constitute a violation of the Code by such
member.
SECTION 2. Except in cases for which liquidated damages are pro-
vided in the Code and in cases which shall give rise to actions in
tort in favor of one or more members of the Code for damages suf-
fered by it or them, the members of the Code upon the recommenda-
tion of the Code Authority shall have power from time to time, by
vote of members of the Code having the right to cast at least
two-thirds of the votes that might be cast at a meeting of the mem-
bers of the Code, if all the members of the Code were present threat,
to establish the amount of liquidated damages payable by any mem-
ber of the Code upon the commission by such member of any act
constituting an unfair practice under the Code and a list of the
amounts so established shall from time to time be filed with the
Secretary. Upon the commission by any member of the Code of
any act constituting an unfair practice under the Code and for
which liquidated damages are not provided in the Code or which
does not give rise to an action in tort in favor of one or more mem-
bers of the Code for damages suffered by it or them, such member
shall become liable to pay to the Treasurer as an individual and not
as treasurer of the Institute, in trust, liquidated damages in the
amount at the time so established by members of the Code for such
unfair practice and specified in the list then on file with the
Secretary as aforesaid.
SECTION 3. All amounts paid to or collected by the Treasurer for
liquidated damages under this Article X or under any provision of
Article IV or of Article VII of the Code shall be held and disposed
of by him as part of the funds collected under the Code and each
member of the Code not guilty of the unfair practice in respect of
which any such amount shall have been paid or collected shall be
credited with its pro rata share of such amount on account of any
and all assessments (other than damages for violation of any provi-
sion of the Code) due or to become due from such member under the
Code, or in the case of any excess, as shall be determined by the Code
Authority, such pro rata share to be computed on the same basis
as the last previous assessment made against such member on account
of the expenses of administering the Code as hereinbefore in Section
7 of Article VI provided. All rights of any person who shall at any
time be the Treasurer in respect of any amounts which shall be pay-
able to him because of the commission by any member of the Code of
any act constituting an unfair practice under the Code, whether pay-
able under the provisions of this Article X or under any other provi-
sion of the Code, shall pass to and become vested in his successor in
office upon the appointment of such successor.
SECTION 4. Each member of the Code by becoming such member
agrees with every other member thereof that the Code constitutes a







valid and binding contract by and among all members of the Code
and that, in addition to all penalties and liabilities imposed by
statute any violation of any provision of the Code by any member
thereoI shall constitute a breach of such contract and shall subject
the member guilty of such violation to liability for liquidated dam-
ages pursuant to the provisions of the Code. Each member of the
Codeby becoming such member thereby assigns, transfers and delivers
to the Treasurer as an individual and not as treasurer of the Institute,
in trust, all rights and causes of action whatsoever which shall there-
after accrue to such member under the Code for such liquidated
damages by reason of any violation of the Code by any other member
thereof, and thereby designates and appoints the Treasurer as such
individual the true and lawful attorney-in-fact of such member to
demand, sue for, collect and receipt for any and all amounts which
shall be owing to such member in respect of any such right or cause
of action, and to compromise, settle, satisfy and discharge any such
right or cause of action, all in the name of such member or in the
name of the Treasurer individually, as he shall elect.
SEcTION 5. Anything in the Code to the contrary notwithstanding,
the Code Authority by the affirmative vote of two-thirds of the whole
Code Authority may waive all or any part of any liability for liqui-
dated damages imposed by or pursuant to any provision of the Code
for any violation of any' provision thereof, if in its discretion it
shall decide that such violation was innocently made and/or that the
collection of such damages will not to any material extent tend to
effectuate the policy of Title I of the National Industrial Recovery
Act.
ARTICLE XI-GENERAL PROVISIONS
SEmION 1. Any notice, demand or request required or permitted
to be given to or made upon any member of the Industry shall be
sufficiently given or made if mailed postage prepaid addressed to
such member at the address of such member on file with the Secre-
tary. A waiver in writing signed by any member of the Industry
of any such notice, demand or request and delivered to the Secretary
shall be deemed to be the equivalent of a notice, demand or request
duly given or made, whether or not such waiver was signed and
delivered before the time when such notice, demand or request was
required or permitted to be given or made.
SECTION 2. Nothing contained in the Code shall be deemed to con-
stitute the members of the Code partners for any purpose. None of
the members of the Code shall be liable in any manner to anyone for
any act of any other member of the Code or for any act of the Code
Authority, the Treasurer or the Secretary, or any committee, officer
or employee appointed under the Code. None of the members of
the Code Authority or of any committee appointed under the Code,
nor the Treasurer, nor the Secretary, nor any officer or employee
appointed under the Code, shall be liable to anyone for any action
or omission to act under the Code, except for his wilful misfeasance
or nonfeasance. Nothing contained in the Code shall be deemed to
confer upon anyone other than a member of the Code any right
claim or demand whatsoever for the enforcement of any contractual
obligation under the Code against any member of the Code or against







any member of the Code Authority or of any committee appointed
under the Code or against the Treasurer or the Secretary or any
officer or employee appointed under the Code.
SECTION 3. As soon as members of the Industry which would, if
then members of the Code, have the right to cast at least two-thirds
of all the votes that might be cast at a meeting of the members of
the Code, if all members of the Industry were then members of the
Code and present at such meeting, shall sign and deliver to the
Secretary letters substantially in the form set forth in Schedule A
annexed hereto, the Board of Directors of the Institute shall submit
the Code to the President pursuant to the provisions of Title I of
the National Industrial Recovery Act and, upon the approval of the
Code by the President pursuant to the provisions of such Title I, it
shall constitute a binding contract by and among the members of the
Code and the provisions thereof shall become effective and shall be
the standards of fair competition for the Industry on and after the
eleventh day after the day on which it shall have been so approved;
subject, however, to amendment or termination as hereinafter in
Article XII provided and subject also to the provisions of Section 7
of this Article XI.
SECTION 4. To the extent required or made possible by or under
the provisions of Title I of the National Industrial Recovery Act
the provisions of the Code (including, but without limitation or
restriction or any provision of this Section 4, all of the provisions
of Article IV of the Code) shall apply to and be binding upon every
member of the Industry, whether or not such member shall be a
member of the Code.
SECTION 5. Except to the extent that other specifications shall be
prescribed by the purchaser, owner or contractor, each member of
the Industry shall conform to the Code of Standard Practice and
Standard Specifications of the Institute in the fabrication of any
product and/or any erection work thereon by such member.
SECTION 6. Subject to the provisions of Section 8 of Article VI
of the Code, the Code Authority shall have power from time to time
to interpret and construe the provisions of the Code, including, but
without any limitation upon the foregoing, the power to determine
what are products and what operations are included in the Industry
within the meaning of those terms as they are used in the Code.
Anything in the Code to the contrary notwithstanding, the members
of the Code may, at any meeting of such members by vote of such
members having the right to cast at such meeting at least two-thirds
of all the votes that might be cast at such meeting, if all the mem-
bers of the Code were present threat, rescind or modify any inter-
pretation, construction, action, decision, rule or regulation made or
taken by the Code Authority. Prompt notice of any action of the
Code Authority or of the members of the Code under the provisions
of this Section 6 shall be given to the Administrator. The Adminis-
trator may suspend and/or disapprove any action taken by the mem-
bers of the Code under the provisions of this Section 6 in the same
manner and with the same effect as is provided in Section 8 of
Article VI of the Code in the case of action taken by the Code
Authority.
SECTION 7. Pursuant to subsection (b) of Section 10 of the Na-
tional Industrial Recovery Act, the President may from time to time




w


w


73

cancel or modify any order, approval, license, rule or regulation
issued under Title I of said Act.
SECTON 8. The Secretary shall cause a copy of the Code as ap-
proved by the President to be mailed to each member of the Industry
known to the Institute within five days after the approval of the
Code by the President. Within 45 days after the effective date of the
Code each member of the Code shall make application to the Code
Authority for official copies of the provisions of the Code relating
to hours of labor, rates of pay and other conditions of employment
and upon being furnished with such official copies, such member
shall post, and thereafter maintain, such copies in conspicuous
places accessible to its employees.
ARTICLE XII-AMENDMENTS-TERMINATION
SEmzToN 1. The Code may be amended at any time in the manner
hereinafter in this Section 1 provided. Subject as provided in Sec-
tion 5 of Article VII hereof, the changing of any schedule hereto
or the addition hereto of any new schedule shall constitute an
amendment of the Code. Amendments may be proposed by the
Code Authority by vote of the majority of the members thereof
at the time in office and entitled to vote or by members of the
Industry having the right to cast at least 50% of all the votes that
might be cast at a meeting of the members of the Industry if all
such members of the Industry entitled to vote were present threat.
SEach amendment so proposed shall be submitted to a meeting of the
members of the Industry which shall be called for such purpose upon
notice given in accordance with the provisions of Section 3 of Article
III and Section 1 of Article XI of the Code. If at such meeting
members of the Industry having the right to cast at least two-thirds
of all the votes that might be cast at such meeting, if all members
of the Industry entitled to vote were present threat, shall vote in
favor of the adoption of such amendment, such amendment shall be
submitted by the Code Authority to the President for approval, if
approval thereof by him shall then be required by law. Every such
amendment shall take effect as a part of the Code upon the adoption
thereof by the members of the Industry as above provided and the
approval thereof by the President, if approval thereof by him shall
be required as aforesaid, or upon the effective date specified in such
amendment or in such approval, if an effective date shall be speci-
fied therein.
SECTION 2. The Code may be terminated at any time either by
action of the President as hereinbefore provided or by the same
vote of members of the Industry as is above provided for the amend-
ment thereof. When so terminated all obligations and all liabilities
under the Code shall cease, except those for unpaid assessments
theretofore made in accordance with the provisions of the Code and
those that shall have accrued under any provision of the Code prior
to the termination thereof.'
Approved Code No. 480.
Registry No. 1135-22.
'Deleted. Bee paragraph 2 (9) of order approving this Code.














SCHEDULE A


Fonz or LErrm or ASSa=T TO THU CODn

,19 .
To the SEOWrARY or AMEIxoA INSTITUoT or STEEL CoqsTRUOrroN, Iao,
800 Madison Avenue, New York, N.Y.
DEa Sri: The undersigned, desiring to become a member of the Code of
Fair Competition of the Structural Steel and Iron Fabricating Industry, a copy
of which is annexed hereto marked Annex A, hereby assents to all of the
provisions of said Code (hereinafter referred to as the Code), and, effective
as of the date on which the Code shall have been approved by the President
of the United States of America as therein provided, or as of the date on which
this letter shall have been delivered, if delivery thereof shall have been made
subsequent to the date on which the Code shall have been approved by said
President as aforesaid, by the signing and delivery of this letter becomes a
member of the Code and effective as aforesaid hereby agrees with every person,
firm, association and corporation who shall then be or thereafter become a
member of the Code that the Code shall constitute a valid and binding contract
between the undersigned and all such other members.
Effective as aforesaid pursuant to Section 4 of Article X of said Code, the
undersigned (a) hereby assigns, transfers and delivers to the Treasurer under
the Code, as an individual and not as treasurer of American Institute of Steel
Construction, Inc., in trust, all rights and causes of action whatsoever hereafter
accruing to the undersigned under the Code for liquidated damages by reason
of any violation thereof by anyone, and (b) hereby designates and appoints
said Treasurer as such individual the true and lawful attorney-in-fact of the
undersigned, to demand, sue for, collect and receipt for any and all amounts
which shall be owing to the undersigned in respect of any such right or cause
of action, and to compromise, settle, satisfy and discharge any such right or
cause of action, all in the name of the undersigned or in the name of said
Treasurer, as said Treasurer shall elect.
For all purposes of Section 1 of Article XI of the Code the address of the
undersigned, until it shall file with the Secretary of American Institute of Steel
Construction, Inc., written notice of a change of such address, shall be as set
forth at the foot of this letter.
Very truly yours,

Address: -
(74)















SCHEDULE B


DnsoemrnoN or DiSTnRCTs

For the purposes of the Code the seven districts hereinafter described are
established:
District No. 1 comprising the States of Maine, New Hampshire, Vermont,
Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware
and Maryland and the District of Columbia, and that portion of the State of
Pennsylvania east of a line drawn north and south through said State and
touching the eastern boundary of the City of Altoona.
District No. 2 comprising the States of Ohio and West Virginia and the lower
peninsula of the State of Michigan; that portion of the State of Pennsylvania
west of a line drawn north and south through said State and touching the
eastern boundary of the City of Altoona; and those portions of the States of
Indiana and Kentucky east of a line drawn north and south through said States
and touching the eastern boundary of the City of Indianapolis.
District No. 3 comprising the States of Virginia, North Carolina, South
Carolina, Georgia, Florida, Alabama, Mississippi and Tennessee, and that por-
tion of the State of Louisiana east of a line drawn north and south through
said State 25 miles west of the western boundary of the City of New Orleans.
District No. 4 comprising the States of Montana, North Dakota, South
Dakota, Minnesota, Wisconsin, Iowa and Illinois and the upper peninsula of the
State of Michigan; that portion of the State of Missouri east of a line drawn
north and south through said State touching the eastern boundary of the City
of Boonville; and those portions of the States of Indiana and Kentucky west of
the aforesaid line drawn north and south through said States touching the
eastern boundary of the City of Indianapolis.
District No. 5 comprising the States of Wyoming, Utah, Colorado, Nebraska
and Kansas and that portion of the State of Missouri west of the aforesaid line
drawn north and south through said State touching the eastern boundary of
the City of Boonville.
District No. 6 comprising the States of Arkansas, New Mexico, Oklahoma
and Texas and that portion of the State of Louisiana west of the aforesaid line
drawn north and south through said State 25 miles west of the western
boundary of the City of New Orleans.
District No. 7 comprising the States of Washington, Oregon, Idaho, Cali-
fornia, Nevada, and Arizona and the Territory of Hawaii, the Territory of
Alaska and the Canal Zone.
(75)















SCHEDULE 0


MInrxxM RATe or PAT
L MINIMUM RATES OF PAY reB COMMON LABOR IN PLANTS
The minimum rates of pay per hour hereinafter in this Subdivision I of this
Schedule 0 specified for the cities of New York, Chicago and Pittsburgh shall
apply to all plants located within a radius of 30 miles from the respective City
BIalls of such cities and the minimum rates of pay per hour hereinafter in this
Subdivision I of this Schedule C specified for any other city shall apply to all
plants located within a radius of 20 miles from the City Hall of such city.
District No. 1 Minimum rate
of pay per hour
Locality for common labor
New York, N.Y. ------------------ ----- 40
Buffalo, N.Y., Rochester, N.Y., Syracuse, N.Y., Albany, N.Y.,
Utica, N.Y., and all localities in the New England States- 3_ 8
All other localities in District No. 1-------- -------- 85

District No. 2
Pittsburgh, Pa., Youngstown, 0., Cleveland, O., Akron, O.,
Detroit, Mich., and Wheeling, W.Va------------------- 40
Toledo, O., Canton, O., Dayton, O., Massillon, O., Flint, Mich.,
and Lansing, Mich ---_--------- --- --- 37#
All other localities in District No. 2 -------------------- 35

District No. 3
All localities in District No. 3------------ ------------ 300

District No. 4
Chicago, Ill--- ------------------- -------- 400
Milwaukee, Wis., Minneapolis, Minn., St. Paul, Minn., and
St. Louis, Mo__-------------- --------------- -- 370
All other localities in District No. 4---- ---------------- 85

District No. 5
Kansas City, Mo., and Denver, Colo--------------------- 370
All other localities in District No. 5------------------- 350

District No. 6
All localities in the State of Texas------------ -----.. 30
All other localities in District No. 6--------------------- 33*

District No. 7
Seattle, Wash ------------------- ---------__ 38
San Francisco, Cal.--- -- .---------------------- 374
Territory of Hawaii ------------------------------- 300
All other localities in District No. 7------------------- 35#

n. MINIMUM RATES OF PAY FOR COMMON LABOR IN ERECTION WORK
The minimum rates of pay per hour hereinafter In this Subdivision II of this
Schedule C specified for any city shall apply to all erection work within the
city limits of such city; provided, however, that the provisions of this Sub-
division II shall not be construed as establishing minimum rates of pay for other
than common labor.
(76)








District No. 1 Minim
pay p
Locality comr
New York, N.Y--------------------------
Newark, N.J., Jersey City, N.J., Washington, D.C., and all
localities on Long Island, N.Y., (outside of the City of New
York) and in Westchester County, N.Y __ _------___-
Boston, Mass., Springfield, Mass., Worcester, Mass., Hartford,
Conn., New Haven, Conn., Albany, N.Y., Buffalo, N.Y.,
Rochester, N.Y., Syracuse, N.Y., Utica, N.Y., Philadelphia,
Pa., and Baltimore, Md----------------------
All other localities in District No. 1------ ____ ----------


um rates of
er hour for
mon labor
75#


654



554
50W


District No. B
Cleveland, O., Pittsburgh, Pa., and Wheeling, W.Va-------- 604
Detroit, Mich., Cincinnati, 0., and Columbus, ---------- 55
Charleston, W.Va ------ ------------ -------- 454
All localities in the State of West Virginia outside of Charles-
ton and Wheeling ---------------- ------ ---- 400
All other localities in District No. 2 --------------------- 50

District No. 8
All localities in District No. 3---------------------- 400

District No. 4
Chicago, III., and St Louis, Mo------------------------ 600
All localities in the States of Wisconsin and Illinois outside
of Chicago, and all localities in those parts of the States of
Indiana and Kentucky included in District No. 4-------_ 504
All other localities in District No. 4-------------.-------.. 454

District No. 5
Kansas City, Mo., and Denver, Colo .-----. --- ---__ 554
All other localities in District No. 5 ---------------- 45f

District No. 6


All localities in District No. 6.


Ditriot No. 7
Oakland, Cal., and San Francisco, Cal-------------
Seattle, Wash., Los Angeles, Cal., and Portland, Ore- -...--
All other localities in District No. 7--- --------------


604
554
1450


SSubdivision I deleted and substitution inserted. See paragraph 2 (10) of order
approving this Code.


.;iii
'"":ii'














SCHEDULE D


CoNCERNIlo REPORTS AND STATISTICS

SEnTION 1. The monthly reports required to be filed with the Secretary by
members of the Industry shall include the following information:
(a) An Individual Contract Report showing separately each contract for the
sale of any product or products and/or the erection work thereon in an amount
exceeding 25 tons in the aggregate taken during the preceding calendar month,
with a brief description and the location of the job, the owner's name, the
anhitect's or engineer's name, the weight, the selling price, all itemized as per
the bid, including materials and work outside the Industry, and also the speci-
fied delivery dates. The weights shall be totaled for such calendar month and
to date for the current calendar year. This report shall be divided according to
the districts (as described in Schedule B to the Code) in which the jobs are
located, and sub-totals shall be given of the tonnage sold in each of the districts
for such calendar month and to date for the current calendar year. When the
weight of a job sold is uncertain an approximate weight shall be given and
noted as approximate, and a supplemental report shall be filed giving the
correct weight as soon as the information shall be available. Contracts for
25 tons or less shall be lumped under each of the districts as "Miscellaneous
Contracts", giving the total weights only; but the Code Authority may in its
discretion, require a report on any such contract detailed as above set forth.
(b) An Individual Production Report showing the tonnage fabricated for
delivery into each of the districts during the preceding calendar month and
to date for the current calendar year.
(c) An Individual Shipment Report showing the tonnage shipped into each
of the districts during the preceding calendar month and to date for the current
calendar year.
(d) An Individual Shop Schedule showing the tonnage scheduled for fabri-
cation in each of the succeeding calendar months for delivery into each of the
districts.
(e) An Individual Erection Report showing the tonnage products the erection
work on which was done in each of the districts during the preceding calendar
month and to date for the current calendar year.
(f) An Individual Proposal Report showing separately for each bid for the
delivery of, and/or erection work on, more than 25 tons of any product or
products made during the preceding calendar month, the name and location of
the job, the owner's name, the architect's or engineer's name and the estimated
weight of such product or products.
(g) A Labor Report in such form and containing such information in respect
of number of employees, hours of labor and rates of pay as shall be required
by the Coile Authority to effectuate the purpose of the Code.
SECTION 2. The monthly reports to be mailed to members of the Industry by
the Secretary shall include the following:
(a) A Consolidated Report showing the total tonnage sold for each of the
districts during the preceding calendar month and for the current calendar
year to date with totals for the United States.
(b) A Consolidated Production Report showing the total tonnage fabricated
for delivery into each of the districts during the preceding calendar month
and for the current calendar year to date.
(c) A Consolidated Shipment Report showing the total tonnage shipped
into each of the districts during the preceding calendar month and for the
current calendar year to date.
(d) A Consolidated Shop Schedule showing the total tonnage scheduled for
fabrication in each of the succeeding calendar months for delivery into eachI
of the districts.
(78)




w


79

(e) A Consolidated Erection Report showing the total tonnage of products
the erection work on which shall have been done in each district during the
preceding calendar month and for the current calendar year to date.
(f) A Report showing the total tonnage sold during the preceding calendar
month and for the current calendar year to date by each member of the Indus-
try and showing in such form as the Code Authority shall approve the amounts
thereof sold for future delivery.
(g) Each of the reports hereinbefore in paragraphs (a) to (e) inclusive of
this Section 2 provided for shall also show by current and cumulative per-
cencentages how each of the districts compares with the United States as a
whole.














SCHEDULE U


STANDARD TEaMS or PAYMENT

The following shall be the standard terms of payment for products and/or
erection work:
1. All payments shall be made in funds current at par in the city or town in
which the member of the Industry selling the product and/or doing the
erection work is located.
2. In the case of any contract for the sale of any product or products the
erection work on which is to be done by the member of the Industry selling
such products, the purchaser shall on the 10th day of each month pay an
amount at least equal to 90% of the contract value of all products shipped,
stored or ready for shipment and 90% of the contract value of the erection
work performed, during the preceding calendar month, and shall pay the
remainder thereof within 10 days after the completion of the work under such
contract; provided, however, that the aggregate amount retained by the pur-
chaser shall not at any time exceed twice the contract value of the product
or products then remaining to be delivered and/or the erection work then
remaining to be done under such contract.
3. When the erection work on any product sold is not to be done by the
member of the Industry selling such product payment of the contract value of
each shipment of such product shall be made on the 10th day of the month
following the month in which such shipment was made.
4. Unless otherwise agreed with the purchaser, whenever any product is sold
delivered to the purchaser or freight charges thereon are allowed to the pur-
chaser thereof, such purchaser shall pay such freight charges and the member
of the Industry selling such product shall accept receipted freight bills there-
for as cash to be applied on any payments falling due at or after the delivery
of the product or products covered by such freight bills.
5. All payments for any product or products and/or erection work shall be
deemed to be due and shall be paid at the times specified in the contract there-
for regardless of the time of final settlement for any other work and, in the
case of any contract with a general contractor, payment for any product or
products and/or for the erection work thereon shall not be delayed by such
general contractor pending his receipt of payments or estimates of payments
from the owner of the structure for which any such product was used or on
which any such erection work was done.
6. All overdue payments shall bear interest at the maximum applicable legal
rate.
7. Nothing in this Schedule E contained shall be deemed to apply to any
sale or contract of sale of any product to, or to any contract for erection
work with, the Government of the United States of America or the Government
of any state, territory, municipality or other governmental authority in the
United States in any case in which such Government shall pursuant to law
impose terms of payment other than those prescribed in this Schedule E;
provided, however, that in any such case none of the members of the Industry
shall allow to any such Government terms of payment more favorable than
those which shall be prescribed by such Government pursuant to law.
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SCHEDULE F


LIST or UNFAIr PRAorrcss

For all purposes of the Code the following described acts shall constitute
unfair practices:
A. Making or promising to any purchaser or prospective purchaser of any
product or to the owner of any structure or any contractor or prospective
contractor for work on such structure, or to any officer, employee, agent or
representative of any such purchaser, prospective purchaser, owner, contractor
or prospective contractor, any bribe, gratuity, gift or other payment or remu-
neration, directly or indirectly; provided, however, that this provision shall not
be construed to prohibit the free and general distribution of articles commonly
used for advertising, except in so far as such articles are actually used for
commercial bribery.
B. Procuring, otherwise than with the consent of any member of the Industry,
any information concerning the business of such member which is properly
regarded by it as a trade secret or confidential within its organization, other
than information relating to a violation of any provision of the Code.
C. Imitating or simulating any mark or brand owned or used (with the
consent of the owner thereof) by any other member of the Industry without
consent of such member.
D. Using or substituting any second hand material or any material inferior
in quantity, quality or workmanship to that specified in the contract for the
product or work for which such material is used, without the consent of the
other party or parties to such contract, or using or substituting any material
or any method of fabrication or erection not in accord with any applicable law,
rule or regulation of any governmental authority or, except as may be otherwise
required by any such law, rule or regulation, with the Standard Specifications
and Code of Standard Practice of the Institute as at the time in effect.
E. Paying or allowing to any purchaser, owner or contractor in connection
with the sale of any product and/or with any erection work any rebate, com-
mission, credit, discount, adjustment or similar concession other than as shall
be permitted under the Code and specified in the contract for such sale and/or
erection work.
F. Disseminating, publishing or circulating any false or misleading informa-
tion relative to any product or work or the price for any product or work
of any member of the Industry, or the credit standing of any member thereof
or the ability of any member thereof to perform any work, or to the conditions
of employment among the employees of any member thereof.
G. Inducing or attempting to induce by any means any party to a contract
with a member of the Industry to violate such contract.
H. Aiding or abetting any person in any unfair practice.
I. Making any sale or contract for the sale of any product or for any work
under any description which does not fully describe such product or work in
terms customarily used in the Industry or using or substituting any. material
superior in quality to that specified by the purchaser of any product for the
purpose of selling such product at a price less than that at which it is custo-
marily sold under a proper description.
J. Allowing to any purchaser of any product or to any owner or contractor
to whom such product is furnished or for whom any erection work has been or
is to be done any back charge or credit upon the price of such product or such
erection work, except a fair and reasonable back charge or credit for an actual
failure to fabricate such product and/or do such erection work in accordance
with the provisions of the contract therefore, when the effect thereof is to
allow to such purchaser, owner or contractor a secret rebate on the price of
such product or erection work.
(81)






82

K. Selling any product or doing any erection work in combination with any
other product or material or work, unless such other product or material or
work shall be included in the aggregate price at the fair value of such other
product or material or work.
L. Making to any purchaser or prospective purchaser or to any owner or
contractor any promise to meet any and all bids which may thereafter be
made to such purchaser or prospective purchaser, owner or contractor for any
work.
M. Knowingly bidding for any work or mentioning to the purchaser, owner
or contractor any price for such work after the contract for such work shall
have been let to another member of the Industry.
N. Designing any structure otherwise than in accordance with the require-
ments of the standard specifications of the Institute at the time in effect, except
in cases not covered by such specifications or In which other requirements shall
be specified by the purchaser, owner or contractor frr whom such structure shall
be designed.
O. Reporting to any insurer under a workmen's compensation or public lia-
bility insurance contract any payroll showing other than the actual amounts
paid to employees on the work covered by such insurance for the period or
periods stated in such payroll for the purpose or with the effect of reducing
any premium for such insurance below the premium therefore which would be
payable if the correct amounts paid to such employees for such period or
periods were reported to such Insurer.
P. Inducing or attempting to induce any prospective purchaser to purchase
any product by assisting such prospective purchaser to procure anyone to do the
erection work thereon otherwise than in compliance with the provisions of the
Code relating to hours of labor and rates of pay or by guaranteeing that the
cost of such erection work when so done will not exceed a certain amount.
Q. Any violation of any other provision of the Code, whether or not therein
expressed to be an unfair practice.1

I Sections R, S, and T added. See paragraph 2 (11) of order approving this Code.














SCHEDULE G

CowCEsaING COMPErrrmn BIDDING PaaercCEs

The following are the provisions referred to in Section 9 of Article VII of the
ode and are applicable as provided in said Section:
lSuIowN1. Competitive Bidding Defined.-(a) The term "competitive bid-
ding" as used herein shall mean the submission at or before a definite pre-
determined time of comparable proposals by two or more invited persons to
.: an awarding authority to execute a specific program of work, furnishing a
S definite service or supplying a material specifically required for a particular
project at a stipulated price. This does not include furnishing quotations
on: standard products.
!:. (b) The term "awarding authority" as used herein shall mean any member
t: .: of the industry who may upon competitive bidding award contracts.
r., S oN 2. Bid Peddling and Bid Shopping.-(a) The practices commonly
known aq "bid peddling" or "hid shopping" are recognized as unfair and are
S prohibited. Bid peddling in effect means the offering by the bidder prior to
the making of an award of a substitute bid or price lower than the one
originally bid without a commensurate decrease In the requirements of the
Job. The correction of the abuses resulting from such practice is obtainable
by regulation restricting or controlling bidders.
(b) Bid shopping in effect means the effort on the part of the awarding
authority to induce a bidder prior to the making of the award to lower his
original bid price without a commensurate decrease in the requirements of
the job. The correction of the abuses resulting from such practice is obtain-
able by regulation restricting or controlling the awarding authority.
SSBoCo 3. Limitation on Bide and Alternatea.-(a) Since it is recognized
that the preparation of a bid is a service involving an expense to the bidder
.and that the inviting of an unreasonable number of bids is an economic waste,
the awarding authority shall not invite an unnecessary number of bids.
(b) Only a limited number of alternate proposals shall be required in con-
hection with any bid, and no alternate proposal of a bidder shall be considered
by the awarding authority, unless the privilege of alternate proposals is ex-
tended to all bidders.
SErrzo 4. Uniformity of Information.-The awarding authority shall make
available uniformly to all bidders, plans and/or specifications or otber requisite
information which shall be sufficiently complete to enable each bidder to pre-
pare a definite bid In accordance with the regulations herein provided for.
He shall prescribe terms of competition which shall insure parity of standing
to all bidders.
Saorxon 5. Qualification of Bidders.-The awarding authority shall not invite
bids from a bidder unless such bidder shall have demonstrated to the satisfac-
tion of the awarding authority that he is competent technically and financially
to perform the work, and the ability of a bidder to obtain a performance bond
shall not be regarded as the sole test of such bidder's competency.
SEcTION 6. Award at Original Price.-An award if made shall be made at the
bidder's original bid price. It is recognized that competition based solely on
price is sometimes unfair and accordingly the awarding authority may make
an award to a competitive bidder other than the lowest bidder provided the
award is made at such competitor's original bid price.
S SBmoon 7. Receipt of Bids.-The awarding authority shall designate a
: specific hour and place for receiving competitive bids. All bids to be sub-
mitted by subcontractors shall be delivered to the Contractor at least 24 hours
prior to the time set for the receipt of the bid of said contractor by the
awarding authority. Bids received after such time or from uninvited bidders
shall be returned unopened. All bids shall be required to be signed by a duly
(83)



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UNIVERSITY OF FLORIDA

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authorized representative of the bidder and enclosed in a sealed-iloir e tlQ
outside of which shall appear its identification as a bid for the patseu tl4lM.
Srraow 8 No Influencing of Bidders.-The awarding authority if.,ii at ';i,
any time prior to the specified time for the receipt of bids convey to any Wli"der
information relating to the price or terms of any other bids in order t -
ence the price or terms of such bidder. ..
SECTON 9. Collusion Prohibited.-There shall be no collusion between te
awarding authority and any bidder, nor between the different bidders in the
preparation of any bid. The awarding authority shall not use any bid which
is so unduly low as to indicate an error or mistake in estimating without frst
giving the bidder the opportunity of demonstrating by cost sheets or other
methods the correctness of the bid that he has submitted.
SECnoN 10. Time Limit on Awards.-The awarding authority shall make an
award or reject all bids for the principal contract with the owner withfl twenty
(20) days after the stipulated time for the receiving of bids except where an
extension of time has been requested from the bidders and has been consented
to by two or more bidders. In the case of bids conditioned upon the award of
a previous contract, each succeeding awarding authority shall make an award
or reject all bids within thirty (30) days after the award of such preious
contract except as to such bidders as shall agree to an extension of time.
The right to reject any or all bids may be reserved by the awarding authority,
and such rejection shall be made in writing. Where all bids are rejected, bide
shall not be again invited or submitted for the mere purpose of obtaining a
lower or revised price or prices for substantially the same work previous to
the elapse of ninety (90) days from the date of such rejection; except there be
a substantial change in the plane and/or specifications, or ecept there be
evidence of collusion, or except there be such a marked difference between the
bids submitted and the awarding authority's estimate as to the valuation of the
work as would indicate to the awarding authority and his Code Authority the
necessity of new bids in order to secure fair competition.
SECTION 11. NGmimg of Subcontraotors.-Before making an award the awan.
ing authority may require any bidder to name the subcontractors whom sach
bidder intends to employ for the various divisions of the work bid upon.
SEmTION '12. Rebates, Refunds and Discounts.-The awarding authority sha
not accept rebates, refunds, discounts, or other special allowances mor ~ ea
from a bidder unless included by the bidder in his original bid.