Code of fair competition for the river and harbor improvement industry as approved on May 18, 1934

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Title:
Code of fair competition for the river and harbor improvement industry as approved on May 18, 1934
Portion of title:
River and harbor improvement industry
Physical Description:
p. 239-252 : ; 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:
Stream conservation -- United States   ( lcsh )
River engineering -- United States   ( lcsh )
Harbors -- Maintenance and repair -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Approved Code No. 434."
General Note:
"Registry No. 1618-A-02."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004930658
oclc - 644542365
System ID:
AA00008363:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION



C ODE O F FAhIR~ COMPI E TITI ON



RIVER~ ANDI HARBOR

IMPROVEMENT INDUSTRY


SUNIlV. OF- FL USD.


Il*uSTATES
GOVERNMENT PRINTING OFFICE~
WASHINGTON: 1934


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


Approved Code No. 434


Registry No. 1618--A--02


AS APPROVED ON MIAY 18, 19341


WE DO OUR PART



























This publication is fo~r sale by the Superintendent of Documents, Government
Printing Of~ee, Washington, D.C., and by district offlees of the Bureau of
Foreign and Domest ie Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMlERCB

Atlanta, Ga.: 504 Post Office Building.
Birminlgham,. Ala.: 257 Federal Building.
Boston, Mauss. : 18;01 Custombouse.
Buifalo, N.Y.: Chamber of Commerc~e Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 170)6, 201 North WVells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chiamber of Commerce Building.
Detroit, MIich.: 801 First National Bank Building.
Houston. Tex.: C'hamber of Commerce Building.
Inidianaipolis, Indl.: Chamber of Commerce Building.
Jac~ksonville, Fla.: Chamber of Commerce Building.
K~ansu!s Citg, M~o.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadwfay.
Louisville. Ky.: 408 Federal Building.
Memp~his, Tenn.: 229 Federal Building.
M~inneapo~lis, Minn.: 213 Federal Building.
NewF Orleans, La.: Room 225-A4, Custombouse.
New YorIk. N.Y.: 734 Customhouse.
Norfolk. V'a.: 4106 East Plume Street.
Philadellphin. Pa.: 02 Commercial Trust Building.
Pittsburg~ch, Pa.: Chamber of Conmmerce Building.
Portland, Orego.: 215 Newf Post Office Building.
St. Louis, MUo.: 50)6 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, W'ash.: 809 Federal Office Building.














Approved Code No. 434


CODE OF FAIR COMPETITION
FOR THE

RIVER AND HARBOR IMPROVEMENT INDU1[STLRYI

As Approved on May 18, 1934

ORDER

APPROVING CODE OF ITAIR COMPFETITION RIVER AND HARBOR
IMPROVEMENT INDUSTRY
ALn application having been dulyl madle pursuanrt to and in full
compliance with thle provisions of Tit~le I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Compet~ition for thle River and Harbor Improvement Industry,
and hearings 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:
NOWV, THEREFORE, on behalf of the President of the U.nited
States, I, Hugrh S. Johlnson, Adtministrator for Industrial 1Recovery,
pursuant to authority rested in me byv Executive Orders of th~e
President, including Executive Ordler No. 6i543-A, dated D~ecemnber
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 pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
Hunc S. JOHN;SION,
A dmin istarator for Ind~ustrial Recovery.
Approval recommended :
GrEO. L. BERRY,
Division Admninistr~ator.
WaBsmmaroN, D.C.,
Alay 18, 1934.


60378"---544--114~-34


(239)














REPORT TO THE PRESIDENT


The PRESIDENT,
Thie IV~ite Haouse.
SIn: Thlis is a report on the Code of Fair Competition for t~he
River and Harbor Improvement Industry, revised after a public
hearing conducted in WVashington on December 19, 1933, in accord-
anc~e with provisions of the National Industrial Recovery Act.
THE INDUSTRY

Included in this Industry is dredging, submarine rock removal,
land reclamation, marine and subaqueous work, and the maintenance
and improvement of rivers, harbors and waterways, when such opera-
t~ions are done by marine plant and organization.
PROVISIONS FOR HOURS AND WAGES

The~ Code provides for a maximum week of fortyV (40) hours with
the following exceptions:
(a) Upon approval of the N'ational Industrial Relations Board,
provided for in the Code, employees are permitted to work forty-
e~ight. (48) hours in any week in any of t~he following cases:
(1) On remote and inaccessible projects requiring camps or float-
ing plan-ts to board a majority of the labor employed;
(d2) Ot p rejects of the type described in t~he preceding paragraph
(1,time lost on account of inclement weather or unavoidable delays
in any one week, may be made up in t~he following four weeks;
(3) Onr projects where a sufficient amount of quali~ed labor is not
available ;
(b) _Employees engaged in executive, or supervisory work receiv-
mec thirty-five dollars ($35.00) or more per week;
(c) Employees engaged in emergency maintenance, or emer-
gency repair work, and woatchlmen.
The Code establishes a minimum rate of forty. (40) cents per
hour for Inborers. Office and clerical employees will be paid mmin-
mum rates of from fourteen dollars ($14.00) t~o fifteen dollars
($15.00) per week, based on population differentials.
No person uInde~r eigh~teen (18) years of age shall be employed,
except p~ersons over sixteen years of age may be employed as office
or mess boys. Thle Code provides that no emnploy~er shall reclassify
employees for t~hee purpose of eva(ding the Act. It contains pro-
visions for the adjustment of wages above t~he miinimum, posting
the Clode, and for payment of wages in regrdlar periods.
The establishment of a National Indaustrial Relations Board,
with equal representation for emlployers and employees, is pro-
(2410)







241


vided for to deal with disputes concerning and to seek; compliance
with t~he labor provisions of the Code.
ECONOMIC EFFECT OF THE: CODIE

According to the statistical analysis of the Division of Rtese~arch
and Planning, t~he total v-olume of work done decreased from
$160,0(00,000 in 1929 t~o $04900Oi,000 in 1933. Employees decreased
from~ 46,000 in 1929 to 35,0100 in 11933--a much less decrease than
in ma~ny other industries.
Thle release of funds~ by, the Public W~orks Administration will
do much to stimulate t~he industry and increase employment. T'he
establishment of a forty (40) hour week should inc~rea~s the numb-
ber of employees~ approximately twenty-~five (25) percent in doing
the same relative volume of w~ork as was done prior to signing the
Pres-ident -'s Reem ploymllent. Agreement by this I~ndustry.
The estab~lishmentnt of a minimumn rate of pay and maximum
hours of w~ork will measur~ably benefit worrkers and increase pur-
chasing power. Generally, wages paid by this Industry have~ been
very fair and equritab~le.
FI NDING~S

The Depulty Admninistr~ator in his final report to me on said Code
having found as herein set forth and on the basis of all thel proceedl-
ings in this matter;
I: fnd that,:
(a) Said Code is w~ell designed to promote the policies and pur-
poses of Title I of the National I~ndustrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
comme~r~ce which) tend to diminish the amount thereof and will provide
for the general welfare byr pr'omoting the organization of industry
for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adlequate governmental sanctions anld supervision, by eliminat--
ing unfair compe~titive prIacCice~s by promoting the fullest possible
utilization of thle present. pr~oductive! capacity of industries, by a~void-
ing undue restriction of production (~ex~cept as mnay be temporarily
requirede, by,3 increasing t~he consumption of industrial and agricul~-
tural p~lroducts through increasing purchasing power, by reducing
and reliev\ingr unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said indlustryr normallyS employs not more than 50,000 em-
plo~yees; and is not declassified by me as a major industry.
(c) The Code as alpprove d complies in all respects withn thne per-
tinent provisions of said Title of said ALct, including without limni-
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 103 thereof ; and t~hat the applicant associ-
ation is an industrial association truly~ representative of the aforesaid
Industry; and that said association imposes nlo inequitab~le restric-
tions on admission to membership therein.
(d) Th~e Code is not designed to and will not permit monopolies
or monopolistic practices.







242

(e) The Code is not designed to and will not eliminate or optpres
small enterprises and will not operate to discriminate against hm
(Pf)eThose engage in other steps of the economic process have not
beendepive oftheright to be heard prior to approval of said Code.
For these reasons, therefore, I have approved this Code.
Respect fully,
HowH S. JoRNSON,
A administrator.
MAY 18, 1934.














CODE OF FAI~R COMPETITION F`ORI THIE RIVER ANJD
HARBOR IMIPROYTEMENT INDU~STRYT

PU~RP~OSES
To effectuate the policies of Title I of the National Industrial RLe-
cover~y Ac~t, the following pr'ovisions are established as a Codle of
Fair C~ompetition for t~he River and Hasrbor Improvement Indus-
try, andl shall be the standard of fair competition for this industry
and shal~l be bindlingr upon ever~y member thereof.
A1RTIC'LE I-PPLICATION

The proisio~ns of this Code shall apply to th~e entire industry, as
herein fter defined, excludling operations therein undertaken in ac-
cordlance w~it~h bona fide contracts entered into prior to June 16,
1933. If any other code of fair competition or a provision thereof,
heretofore or hereafter approved b~y the President, shall conflict
with this Code or wit~h any provisions thereof, the Administrator may
hold such~ hlearings as he mayr deem necessary and thereafter may, i
in his judgment justice req~cuires, grant such stay, exception or ex-
emnption, or mak-e such other determination as he may deem advisable
to effectuatee thle policies of t~he Act.
ARTICLE II--DEFINTHONTS
SECTION 1. Thle t~ermn Rivecr and Harbor Improvement lIndus-
try ", or "L The Industry ", as used herein means and includes each
and all of the following operations, (including the use and operation
of tugs and la.unches em~ployed as tenders in connection therewith),
when done by marine plant and organization:
(a) Dredlgingr;
(b) submanrine rock remo\l, land9 reclamation by dredging, marine
and subaqueous work in rivers, harbors and waterways;
(c) mnaintenance andl improvlement of rivers, harbors and water-
ways ; and
(d) such branches andl subdcivisions thereof as may be included
hereunder writh the approvall of the 1President.
SECTION 3. The termn employee as used herein includes any
person engaged in the industry, however compensated, except a
member of the industry.
SECTION 3. The term employer as used herein includes anyone
by whom any such employee is so compensated or employed.
SECTION 4. The term member of the indurstry includes, but
without limitation, any~ indlividual, partnership, association, corpo-
ration or other agency or form of enterprise w~hirch undertakes,
whether by formal contract or otherwise, to direct, superintend,
coordinate or execute, any of thle operations of the industry.
(2413)







244

SECTION 5. The term "'Associat~ion as herein defined shall mean
the River and Harbo~r Improvement Association of the United,
States.
SECTION 6. The terms "' President ", "LAct and "Administrator "
as used herein shall mean, respectively, the President of the United
States, Title I of thle National Industrial Recovery Act and the
Admninistrator for Industrial Recovery
SECTION 7. '' Population "' for the purposes of this Code shall be
dleterm~ined by reference to the 1930 Federal Census.
ARTICLE III--HOURS AND WFAGES
SEfflON i. ROu/r8.-No employee shall be permitted to work in
excess of fortyv (40) hours in any wneekr, or eight (8) hours in any
twenty-four (24) hour period, with the following exceptions:
(a) On application of the interested parties and after approval
of the Nat~ional Indust~rial Relat~ions Board or Regional Boards
established by it, ain employees may be permitted to work forty-eight
(48) houlrs in any week in any of t.he following cases:
(1) On projects located at. points so remote and inaccessible that
camps or floating plants are necessary for the housing or boarding
of a majority of the Inbor employedj
("2) On projects of the type desenbed in the preceding paragraph
(1), when w~ork~ing time has been lost because of inclement weather
or unavoidable delays in any one w~eeki, in which case such lost time
may be made up in the following four weeks;
("3) On projects in localities where a sufficient amount of qualified
labor is not available in the immediate vicinity of the work*
(b) Employees engaged in executive or supervisory work receiv-
ing compensation at the rate of thirty-five dollars ($;35.00) or more
per week ;
(c) Accountingp, clerical, or office employees;
(d ate~lunenn who shlall not. be permitted to work in excess
of fifty~-six (56) hours in any week or in excess of six (6) days in
any seveitn (7i) day period, provided that there shall be no limnita-
tion upon. thle hours of watchmen housed on thee work;
(e) The maxsiimum hours p>rovided in this Article shall not apply
to employees engia.ged in emer~e~ncy~ maintenance or emergency re-
pair work onl floating equipment involvinga breakdowns, or the pro-
teetion of life or property, but in any such special cases at least
time and onle-half shall be paid for the hours worked in excess of the
daily and/or weekly maximum hours herein provided;
(f) Wh'en it is necessarya t~o transfer plant equipment, materials
or employees between points requiring more than sixteen (16) con-
tinuous hours: to effect the transfer, employees may be permitted to
worlutwelvle (12) hours in any twenty-four (24) for the duration
of t.he transfer a.nd the return trip; provided, however, that an
overtime rate of t~ime and one-half the normal rate be paid for any
hours wo~rrked in excess of t~he maximum hours per day herein estab-
lished. This exception shall apply only to vessels which are so
limited in size as to contain no acconunodations for housing the
crew on three watch operations.
SECTION 2. aOUP&a for' ClericaJ anld Offiee Employees.--No account-
.ing, clerical or office employee shall be permitted to work in excess







245


of forty (410) hours per weekr averaged over a consecutive four (4)
week period.
SECTION 3. Emnploymnen~t by Seuer~al Erre~ployers.--No employer
shall knowingly permit any employee to work any number of hours
which, when totaled withl that already performed forr another em
ployer or employers in this industry, exceedls thie mnaximum~n permitted
herein.
SECTION 4. Wages.--
(a) Vi~nimum~ Warges.--No employees, excluding accounting, office
and clerical employees, shall be paid at less than the rate of forty (40)~
cents per hour, provided, however, that the provisions of this parat-
graph (a) shall not be construedl as establishing a minimum rate of
pay for other than common or unskrilled labor; and provided further
that such provisions shall not be construed to au~thlorize reductions in
existing hourly rates of pay.
(b) Min~in~~ im ~Vm Saloris for C'leicl arnd Ofpee ~Emiployees.--No ae-
counting, office or clerical emnployee shall be paid less than at, the rate
of fifteen dollars ($~15.00)) per wveek in any city of over 500,000 Itppu-
lamtion or the immedliate trade area of such city, nor less than fourteen
and a half dollars ($14l.50) per week in any city of between '35~,~000
and 500,000 population, or in the immediate trade area of such city,
nor less than fourteen dollars ($14.00) per weeke in any city or townr
of less than 250,000 population, or the immediate trade area of such
exty or town.
(c) ParZmenit of Tr'ages.--All wages due shall be payable on a regu-
lar periodical basis and at least semli-mont~hly, in lawful currency, or
by a negotiable check therefor payable on demannd at par. These
wages shanll be exempt from any p~ayments for pensions, insurance or
sick; benefits other t~han those voluntarily paid by employees. -Em-
ployers and their age~nts shall accept no rebate, either dir~ectly or in-
directly on such wages, or give anything o~f value or extend favors to
any person for the purpose of influencing rates of wages or the
wtorkinga conditions of their emiployees.
( d) Piecewr ilk Co mpe~nsatio n..-Th is A rt icle est ablishes a mini-
mum rate of pay regardless of whether an employee is compensated
on a time rate, piecew~orki or other basis.
(e) Liv~ing q~uar~ters anzd Subirstj-zence.- Wh'en living qu arter~s a nd
subsistence are furnished by or at t~he expense of t~he emprloy~~erthe
charge made for such accommodla.t.ions and sub~sistenceshlbei
accordance with applicable existing contract or agreement, or in the
absence of an applicable existing contract or agreement at. such rates
as are prescribed or approved bcy the proper grovernm~ental agency or
agencies, and in any event, not more than one dollar ($1.00) per
calendar day. The minimum hourly rates of pay as defined in thris
Article shall be computed before gi'ving~ etrect to an charge or de-
duction on account of the furnishing by or at the expense of the em-~
ployer of any such living accommodations and subsistence.
(f) Within thirty (30) days ofter the effective date of this Code
(unless adjustment has been made theretofore) each employer shal
adjust all schedules of wages in an equitable manner in view of the
reduction of hours of employment, and preserve wage differentials
reasonably proportionate to those in effect prior to the effective late
of this Code.







246


ARTICLE IV- GENERAL LABOR PROVISIONS
SECrT ION 1. P nroff&FOW8 Of th e A c t.-E mnlplo es nsh ll h ave. t~he right
to organize a~nd bargaain 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 t~he designation of
such representatives or in self-organization or in other concerted
activities for the purpose of collective bargaining or other mutual
atid or protection; no employee and no one seeking employment shall
be required as ,a condition of employment to join any company union
or to reframn from joining, organizing,a or assisting a labor organiza-
tion of his owFn choosing; employers shall comply with the maximum
hours of labor, minimum rates of pay, and other conditions of em-
ployent, approvedl or prescribed by the President.
SectroN 2. State Lates. -This Code! shall not supersede any State,
Federal or local law~s imposing more stringent requirements on em-
players regulating the age or employees, wages, hours of work, or
health~, fire or general working conditions than under this Code.
SECTION 3. RcddGLPsifecatio1.- Em players shrall not. reclassi fy em-
ployees or duties of occupations performed by employees or engage
In any other subterfuge for t~he intent, or puirpose of d~feat~ing the
purposes of the Act. No employee nowr emp~loyed at a rate in excess
of the minimum shall be discharged and reemployed at a lower rate
for the purpose of evading the provisions of this Codle.
SECTION 4. Postinzg.-On and after t~he effective date of this Code
all employers shall post and keep posted in accessible places all prTo-
visions of this Code wFhich affect hours of employment, rates of pay
anld all other labor provisions.
SECTION 5. Staicandads for Safety anld Hearlth.--Ever employer
shall makre reasonable provision for the safety and healthl of his
employees during the hours and at the places of their employment.
Standards for safety a~nd health and sanitary regulations, as well
as living conditions on board dredges. shall be submitted by the Codle
Authority to the Aidministrator within six (6) months after the
effective Idate of this Code.
SECTION 6, Pri0so labor.--Employers shall not employ prison
labor in the execution of the work.
SECTION 7. Al~inlimum age.--No person under eighteen (18) years of
age shall be employed in the industry, provided, however, that per-
sons sixteen (16) years or over may be employed as office boys, mess
boys or water boyrs.
SECTIO)N 8. brmti~nuiity of Emtiploymennt.-E mployer s shall adminis-
ter work inl their charge so us t~o procure the maximlum practicable
continuity of employment for their em~ployees.
SECTION 9. Compiany~C~) e w'ith1 Estabishned Labor Provisi'oll.-W~here
p~ronisions conlcerming hours of labor or rates of payT have been e~t~ab-
lished for specific projects, byP comlpetent governmental authority
or agencies (wThether Fedleranl, State or political subdivisions thereof)
acting in a~ccordCnnee with law, any empl~oyer required to comply and
complying with th~e provisions so~ established shall be relieved of com-
pliance with any conflicting provisions of Article III, or of any
actions taken in anccordan~ce therewrith.
SacTloN 10. Any employer required to comply and complying with
the provisions of a valid labor agreement in force on the effective







247


date shall be relieved to the extent of his legal obligations thereunder
of compliance during the period of such agreement, with any con-
flicting provisions of Article III, or of any actions taken in accord-
anc~e therewith.,
SECTION 11. areta 1 gYe nitelf.-Stancndsrds as to the m a xin imur
hours of labor, mlinimuml rates of pa~y, andl such other conditions of
employment as may be necessary to effectuate the policies of TitleF I
of thze Act in thle industry may be established for any area formrting
an existing district of t~he Corps of Engineers, Unitedl States ArmyJ
by mutual agreements arrived at and pursiuant. to the provisions o)i
Section 7 (b) of the Act, provided thiat the wage and hocur provisions
of such agreements shall not conflict~ wYith. the wage a~nd hour pro-
visions established in this Code.
SECTION 12. Requiremlentis of Subrcontfractors.--No mnemrber of this
industry shall employ awny subeantr~actor or other agency in opera-
tions within thle industry requiring the services of Jaborelrs or me-
chanics on the site of the w~ork; unless such subcontractor or other
agent shall affirmatively covenant to pay at least the established
minimum rate of w~ages herein provided for and work not more than
the maximum hours of employment herein established.
AnRICW: V---ADMIINISTRATION

SECTION I. FU~t~her (O effectuate the policies of the Act there shall
be established a Codle Aulthor~ity for the River a nd Ha rbor Improve-
ment. Industry (her~einafter referred t~o as '" the Code Authlorit~y ")
composed of seventeen (~1) mnemlbers of the. industry eligible under
the provisions of Section 9 of this Article, to be elected as follows:
From each of the following seven Geographical Divisions of the
United States, established by the Corps of Engineers, United States
Army~r:
Northl Atlantic Division
South Atlantic Division
Upper M~ississippi D~ivision
Lower 111ississippi Division
G~ulf of Alexico Division
Pacific Coast Division
Great La kes Di vision
one member shall be elected by the members of the industry in that
division; in addition, eight members of the Code A~uthority shall be
elected by members of the industry from the United States at large,
and the. President and Vice-:Preside~nt from time to time of the Asso-
ciation sha.11 be members ex-officio of the Code Aulthor~ity. Any
member mayg appoint his o~wn alter~nate or representative to act for
him at meetings. The Administ~rator may appoint three non-voting
members of the Code Authority to act as his repr~esentativets, serving
without expense to t~he industry.
Voting mem~ber~s of the Codle Aluthority shall serve for terms of one
(1) year each, providled- that provision may be made in the by-laws
of the CodeP Aulthorit for the staggcermg( of such terms, and the
method of election emnploy~ed for the election of such members shall
be subject to the approval of the BAministrator. The A~ssociat~ion is
hereby designated as an agency for the purpose of arranginlg for the







248


original elections of members of the Code Authority and for any
other such elections not otherwise provided for in the by-laws of the
Code Authority.
SECTION '2. In the event of any vacancy in the membership of the
Code Auth~orityS a special election to fill t.he incomplete terms of such
members shall be called. Notice of the time and place. of each elec-
tion shall be senlt by registered mail to all members of the industry
knowPn to, or ascertainable after a diligent investigation by, the Asso-
ciationi and eligible to vote therent at least twenty (20) days in
advance of such election, and voting at such election may be by per-
son, by proxy, or by letter ballot. Any vacancy in the Code Author-
i~ty shall bec~ filled in such manner as to preserve the representative
character fixed by Section 1 of this Article. Not more thian one '(1)
representative of the eligible members of the industry shall vote at
SnEICTIO 3 In any one of the seven divisions, as5 defined in Sectionlcton
1 of this Article, a divisional code authority, of which thre member
of the Code Authority elected byr the members of the industry within
that division shall be the Chairman, may be formed by the members
of the indu!stry in such division, for the purnrpos of sulpervisingr and
admainistering this Code in such division under sulch powers and
duties as may be delegated to it by the Code Authority.
SIECTION 4. IIH Order that the Code Authority and the divisional
code authorities shall at all times be truly representative of the in-
dustry and in other respects comply with the provisions of the Act,
the Aldministrator may provide such hlearingas as he mary deeem
proper; and thereafter, if he shatll find that the Ciode Authority or
any divisional code authoritJy is not truly representative or does not
in other respects comply wvith the provisions of t~he Aict, may require
an appropriate modification in the method of selection of the Code
Authority or an~y divisional code authority.S
SECTION 5. There shall be no future amendment of the constitu-
tion and by-laws of the Association which will tend to make the
organization not truly representative of the industry as herein de-
fined or which will impose any inequitable restriction upon mnembe~r-
ship. The Associaltion shall submit to the Admiinistrator any amnend-
ments in its Articles of As~rsociation, by-laws, or regulations, if and
when adopted, and such other information as to its membership,
organization and activities as the Administrator may' require to
SfECTIONe the." RrOthing contained in this Code shall constitute the
members of the Code Authority or of any divisioonal code authorities
partners for any purpose. Nor shanll any member of the Code
Authority or of any divisional codie authority be liable in any man-
ner to anyone for any act of any other member, officer, agent., or
employee of the Code Authority or of any divisional code authority.
Nor shall any member of the Codle Authority or of any divisional
code authority, exercising reasoinable diligence in the conduct of his
duties her~eunder, be liable to anyone for any action or omission to
act under this Code, except for his owTn wilful misfeasance or
non feasance.
SECTION 7. PO00078)' an~d Dutl~ies of the Code Aucthorit2'y .-Th Code
Authority FPhall have, in addition to anly other powers or duties







249


conferred upon it elsewhere herein, the following powers iand duties
to the extent permitted by the Act:
(a) It may establish by-laws or rules anmd regulations for the
conduct of its affairs and may appoint such committees, agencies
and representatives and delegate to thlnem such of its poweors and
duties as it may deeml necessary for the proper discharge of its
functions hereunder.
(b) To make from time to time to the Administrator arny recom-
mendations which it deems desirable for moodifications of or addi-
tions to the Code, which recommendations upon the Administrator's
approval and after such hearing as he .may prescribe, shall become
a part of this Code and have full force and effect as provisions
thereof.
(c) Subject to such rules and regulations as the Administ~rator
may issue, to make investigations and surveys concerning the fune-
tioning of and compliance with this Code, the observance of its
provisions incluinglil the collection of reports on hours of work and
rates of compensation and other pertinent matters, whether at the
request of the Admlinistrator or otherwise, and to report its findings
and recommendations to the Administrator wheneveqr necessary or
required.
(d) To appoint a trade practice committee which shall meet with
the trade practice committees appointed under such other codes as
may be related to thle industry for the purpose of formulating fair
trade practices to govern the relationships between employers under
this C~ode arid under such others to the end that such fair trade
practices may be proposed to the Administrator as amendment to
this Code a~nd such other codes.
SECTION 8. It being found necessary, in order to support the ad-
minist~ration of this Co-de and to maintain the standards of fair
competition established by this Code and to effect~uate the policy of
the Act, t~he Code Aluthor~ity is authorized, subject to the approval of
the Administrator:
(a) To incur such reasonable obligntions as are necessary and
proper for the foregoing purposes and to meet such obligations
out of funds which may be raised as hereinafter provided and wFhich
shall be held in trust for the purposes of8 the Coder;
(b) to submit to the Administrator for his ap~provanl, subject to
such notice and opportunity to be heard as he mayv deem necessary,
(1:) an it~emizedl budget. of its estimated expenses for the foregyoingr
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the2
ind ustry;~sc u tan bsso (c) afe uhbdet n ai fcnrbtinhv ena oe
by the Admlinistrator, to determine and secure equitable contribution
as above set. fourth byl all such members of thne industry, and to that
end, if necessary, to institute legnI prce,~tedings therefore in, its
OWH nanme.
SECTION 0. Only members of the industry complying with the
Code and contributing to the expenses of its administration as pro-
vided in Section 8 hereof shall be entitled to participate in the selee-
tion of the members of the Code Authority or to receive the benefit







250


of its voluntary activities or to make use of any emblem or insignia
of the National Recovery Administration.
SECTION 10. Repor~ts.--In addition to information required to be
submitted to the Code Authority, all or any of the persons subject
to th~is Code shall furnish such statistical information as the Admin-
istrator may deemn necessary for the purposes recited in Section 3 (a)
of the Act to such Federal and State agencies as the Administrator
may designate; and nothing in this Code shall relieve any person
of any exist~ing obligation to furnish reports to government agencies.
SECTION ~11 rGGOtio~al Inzdustrfial Rela~tio~ns Board.-There shall be
established by the Adminlistrator a National Industrial Relations
Board for the industry to deal with dispu~tes concerning and to seek
compliance with labor provisions of this Code. Such Board shall
-consist of an equal number of representatives of employers and em-
ployees, who shall choose an impartial chairman, provided that if
such chairman cannot be agreed upon the Administrat~or may, upon
the request of such Board, appoint the chairman. If no truly rep-
resentative labor organization exists, the employee members of such
board m~ay be nominated by the Labor Advisory Board of the Na-
tionzal Recovery Administration and appointed by the Administrator.
The employer representatives shall be chosen by the Code Authority.
The Boardi may- establish regional agencies, similarly formed, in any
existing district of the Corps of Engineers, United States Army.
Pending adjustment of any dispute before such Board, or regional
agencies, such Board or Boards shall use their best endeavors to
prevent cessation of work on account t~hereof.
ARTICLE VI-APPEALS

SECTI`ON 1. AIny- directly interested party shall have the right of
comnplaint to the appropriate divisional code authority, and of a
_prompt hearing and decision in respect of any decision, rule, regaula-
-tion, order or findings made by such authority, under such reasonable
rules or regulations as may be prescribed by such authority.
SECTION 2. In respect of any decision, rule, regulation, order or
finding; made by any: divisional code authority, anydretyitrsd
partyr shall have the right of complaint to theCdiecl Authority ad
of a prompt hearing and decision under such rules of procedure and
proper charges to cover cost of investigation and hearing as it may
prescribe.
SECTION 3. AnyV d'irect~ly interested party shall have the right of
appeal to the Administrator, subject to such rules and regulations
as ~he may Prescribe, in respect to any decision, rule, regulation, or-
der or finding made by the Code Authority.
SECTION4.g The Code Authlorityv shall be empowered to hear dis-
putes betwe-en divisional code authorities, committees, or agencies.
ARTICLE VTII--TRDE PRACTICES

OC3n.eraul Degnrition.-FIor all purposes of the Code the Acts de-
scribed in this Article sh~all constitute unfair practices. Any mem-
ber of the industry who shall dir~ectly or indirectly, through any
officer, employee, agent, or represent~ative, knowingly use, employ,







251


or permit to be employed, any of such unfair practices shall be
guilty of a violation of the Code.
SECTION 1. ~SleCet Rebates.--No member of the industry shall
make any secret payment or allowance of reba~te~s, refunds, com-
missions or unearned discounts, whether in the form of money or
otherwise or secretly extend to certain purchasers special services
or privileges not extended t~o all purchasers under like terms and
conditions.
SECTION 2. Commez~rciarl BriberyE.--No member of the industry
sh all ie, permith to be given, or directly offer to give, anything
of alu fo th pupos influencing or rewarding the actions of
any employee, agent, or representative of another ini relation to the
business of the employer of such employee, the principal of such
agent or thle represented party, without. thle knowledge of such em-
-ployer, principal or party. This provision sha~ill not be construed to
prohibit free and general distribution of articles commonly us~ed for
advertising except as far as such articles are actually used for com-
mercial bribery as hereinabove defined.
SECTION 3. R5Ubm/it~ting Bide~.--No member of the imrlustry shall
submit competitive bids except in writing and signed by him or
his authorized representative.
SECTIION 4. Bidt Pe'ddlingy anld Bid Shopping.-N member of the
industry shall engage in bidi peddtling "! or bid shopping or any
similar unfair practice.
(a) Bid peddling in effect mneans the offering by the bidder prior
to the making of an award of a substitute bid or price lower thzan the
one originally bid without a comnmensurate decrease in thze require-
ments of the job.
(b) Bid shopping in effect means the effort on the part of the
awarding principal or owner, or his agent, to induce a bidder prior
to the making of t~he award to lower his original bid price without
a commensurate decrease in the requirements of the job.
SECTION 5. Rev'is'on of Bids~.--No member of the industry shall
encourage or attempt to induce thle owner or his agent to reject bids
and readve~t~ise in order that such member may revise his original
bid or offer.
AnnICLE VIII-1\IONOPOLIES

No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or t~o chmmanrte, oppreiss, or disc~rimi-
nate against small enterprises.
AnnOTILE I 1--110DIFICTIONOS

SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of t~he President, in accordance with the
provisions of Sub-section (b) of S'ectionl 10 of the Act, from time to
time to cancel or miodify any order, approval, license, rule or regu-
lation issued under Title I of the said Act and specifically, but with-
out limitation, to the right. of the President to cancel or modify his
approval of ainy provisions of this Code or any conditions imposed
by him in his approval thereof.




UNIVERSITY OF FLORIDA

252 3 1262 08728 6208

SECTION 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stancesl such modifications to be based upon application to the
Administrator and such notice and hearing as he shall s~pecify, and1 to
become effective upon his approval.
ARTICLE X-RLE\ITEW OF Acts or ClODE AvrrrHORITIE

If the Administrator shall determine that any action of the Code
Authority or any agency thereof may be unfair or unjust or contrary
to the public interest, the Administrator may require that such action
be suspended to afford an opportunity for investigation of the merits
of such action and further consideration by the Code Authority or
agency pendfing final action which shall not be effective unless the
Administrator approves or unless he shall fail to disapprove after
thirty days' notice to him of intention to proceed with such action
in its original or modified form.

ARTICLE XI--EFFECT\IVE DATE

This Code shall become effective on the thirtieth (30th) day after
its approval by the President.
Approved Code No. 434.
Registry No. 1618--~A-.

O