Code of fair competition for the engineering inspection industry as submitted on August 24, 1933

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Material Information

Title:
Code of fair competition for the engineering inspection industry as submitted on August 24, 1933
Portion of title:
Engineering inspection industry
Physical Description:
5 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Engineering inspection -- Law and legislation -- United States   ( lcsh )
Genre:
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1734-04."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931552
oclc - 646273613
System ID:
AA00008382:00001

Full Text

SUNIIV. OrF- L LIS.
WE DD


EN GI NE ERI NG

INDUST

tll~: AS SUBMITTED ON AU


JGUST 24, 1933


The Code for the Engineering IndpctloppoIdduslry
.In its present form merely reflects the proposal of thk 'above-stentioned
industry, and none of the provisipns contained therein are
to be regarded as having rec~ipird )he approval of
the National Recovery Ardministration
as applying to this ilidu~stry


dOUR MART


U.S. DEPOCfTOWW
*-- TATES
GOVERNMENT PRINTING OFFICE
;:IiWASHINGTON: 1933

he Mailpe 14 the Superintendent of Documents, Washington, D.C. .- Price 5 centre


s


NATIONAL RECOVERY ADMINISTRATION


CODE OF FAIR COMPETITION


INSPECTION


`RY


REGISTRY No. 1734-0





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OD~~E OF FAIR COMPETITION FOR THIE ENGINEERING
INSPECTION INDUSTRY

To effectuate the policys of Title I of the Nationa~l Industrial Re-
covery Act' during the period of the emergency, in providing for the
general welfare by promoting the organization of industry for the
qiturpose of cooperative action: in order to eliminate unfair competitive
practices, to increase the consumption of industrial and agricultural
products by increasing purchasing power, to reduce unemployment,
to improve the standards of labor, and to otherwise rehabilitate the
Engineering Inspection Industry, thle following Provisions are estab-
lished as a Code of Fair Competition for this Industry:
1. FOREWORD
TIhe. Engineering Inspection Industry is small in number of firms
engaged in this Industry, the total of such firms regularly engaged
-in ~rendering their services being approximately sixty-~five. One or
more of these firms are located in practically every principal city of
.tihe .United States. The Industry, therefore, is organized to serve
clients in every section of the country.
Engineering Inspection firms engage in the business of inspecting
-a~nd testing the materials, and their application, which go into public
and private construction, engmneermng projects, and industrial plants.
Members of this Industry maintain organizations whose business
is that of independently obtaining and reporting facts to their clients
with regard to compliance by contractors, sellers, and others, .with
specifications, or other contractural agreements.
. 9 uch services are widely adopted, particularly in the field of public
and private construction, and hundreds of millions of dollars per year
are spent subject to the services, certificates, and approval of members

OTherefore, ecnomic and competitive conditions which adversely
'affect; this Industry, its personnel and~ the character of its services,
acl~t not only to the disadvantage of the Industry, but to the investor,
owner, lessor, architect, engineer, contractor, and that portion of the
priblic directly' concerned with the project or products subject to
engineering inspection.
.Competitive bidding for engineering inspection services, as rendered
by_ this Industry, has been fostered by Federal, State, MI~unicipal and.
private organizations, arid has put a prenuumi upon price and mnum-
mhized the character of the services rendered to the point of vanished
profits and wholIesale unemdplooyment for the Indu~stry as a whole.
Under duch condlitions, further augmented by the fight of individual
fims for survival, proper perfontiance of contracts from clients is
possible only at constant and continuing losses.
SThis has reflected directly upon labor engaged upon the workr,
iPher~bby inspectors, laboratory workers, and other personnel have been








reduced to no employment, part-time employment, or employment at
rates of compensation below that necessary for a fair and decent,
standard of living.
This Fioreword is given in order that a broader understanding of the
necessity of a, Code of Fair Competition for this Industry may be
recognized:
(a) Due to the importance to the public of the services renhderedi by
the Engineering Inspe~ction Industry.
(b) Due to the lack of familiarity of public and private officials
with the nature and problems of the Industry.
(c) Due to the necessityv for a clear understanding of the services
rendered by the Engineering Inspection Industry, in order to visualize
the underlying necessity for the Provisions incorporated in this Code
of Fair Competition.
2. DEFINITIONS
The term, "Engineering Inspection Industry," as used herein,
designates as a class, Engineering Inspection Organizations of the
Umited States.
An "'Engineering Inspection Organization is an individual,
partnership, or corporation regularly engaged in the business of test-
ing and/or inspecting, engineering, construction, and/or industrial
materials, and the application thereof.
A "Non-Technical Employee" is an employee of an Engineermy"
Inspection Organization whose duties do not require particular skxit',
training or experience in connection with the technical services
rendered by the Industry.
A "'Semi-Technical Employee" is one whose duties require a higher
degree of skill, training or experience in connection with his emnploy-
ment.
A Technical Employee is one whose education, training, and
experience fit him for rendering the type and character of technical
service required in this field of actis ity.
"Effective Date," as used herein is defined to be August 14th~, or
if this Code shall not have been approved by the President ten days
prior thereto, then ten dayvs after such approval.
3. MAXIML6U n Houns or WORK AND MINIMUM RA5TEB OF PAY

(a) This Industry is confronted with a peak-load season in the con-
struction industry, necessitating at times longer hours by the same
individuals, due to the nature of the work. Also there are occasions
when the same individual must work continuously upon an assign-
ment, as the nature of the work will not permit its being stopped
prior to completion.
Or its beingl assigned to another individual. Hence, it is not feasible
to unqualifiedly place the Industryv upon a straight weekly hour basis.
To provide for this situation, after the effective date of this Clode,
no employee shall be employed in arny calendar weekly period to
exceed 48 hours, nor in any calendar monthly period to exceed an
average per week of 40 hours, except executive and supervisory em-
ployees receiving in excess of $35.00 per week.
(b) Minimum rates of pay shall be as follows:
(1) Nontechnical employees, 30si per hour or $12 per week of
40 hours.








(2) Semavitechnical employees, 45~ per hour or $18 per week of
40 hours.
~~(8) Technical employees, 604C per hour or $24 per week of 40 hours.
4. AGE LIMIT

No one under 16 years of age shall be knowingly employed within
the Eninieering Inspection Industry, provided that where any state
or other statute requires a higher age limit, said statute shall govern.
5. MIIxxUn PRICES
'On and after the effective date the following schedule shall be
adopted as representing the minimum prices for which services may
be quoted and executed:
(a) Cement, A.S.T.MS. Requirements, 20 per barrel.
(b) Structural Steel:
(1) Mill inspection, 20~ per net ton.
(2) Shop inspection, up to-
500 tons, 500 per net ton.
500 tons and over, 400 per net ton.
(3) Field inspection, up to-
500 tons, 45~ per net ton.
500 tons and over, 350 per net ton.
(c) Concrete reinforcing steel (mnl or warehouse), 254 per net ton.
(d) Cast iron pipe, 25~ per net ton.
(e) Lumber:
(1) Treated, 51.00 per Mi Ft. B/MI~.
(2) Untreated, 75~ per MI Ft. B/MI.
(f) Piles and Poles:
(1) Treated, 1p per Linear Foot.
(2) Untreated, %#/ per Linear Foot.
(g) Cross ties, 2%# per Tie.
(h) H~ighway guard rail posts, %# per Linear Foot.
(i) Concrete testing:
(1) Cylinders, $1.50 each F.O.B. Laboratory.
(j.) All other engineering inspection and laboratory fees in connec-
*tion with same shall be estimated upon the following basis:
(1) Field inspection and tests per man employed, 515.00 per
day, plus out of pocket traveling and maintenance
expenses.
(2) Laboratory tests and analyses in connection with engineer-
ing inspection work, per man employed, $25.00 per day.
6--CoxPLIANcE WITH SECTION 7 (A) OF TITLE T OF THE NATIONAL
INDUSTRIAL RECOVERY Act

(a) Employees shall have the right to organize and bargain collec-
tively 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 purpose of col-
l~ective bargaining, or other mutual aid, or protection.
; (b) N~o employee, and no one seeking employment, shall be re-
quired, as a condition of employment, to join any company union







or to reframn from joinmng, organismng, or assisting a labor orms~a8tion
of his own choosing.
(c) Employers shall comply wlith the maximum hours of labor,
minimum rates of pay, a.nd other conditions of employment, approved
or prescribed by the President.
7--ACCEPTANCE OF OUTSIDE ENGINEERING INBPECTION Wo;B av
PostIC on PRIVATE lNsTITUTIONS OR ORGANIZATIONS~..
After the effective date any Federal, State, or Municipal Bureau,
Department, or Or~ganiza.tion; any Educational Institution or member
of the fatculty or such institution; any private Individual, firm, corpo-
ration, or organization shall not accept assignments for Engmeermyg
Inspection services from outside clients at'fees lower than. the mun-l
mum price schedule established in Section 5, above, of this Coide of
Fair Competition.
8-MhONOPOLIES

(a) This Code is not designed to promote monopolies and shall not
be availed of for that purpose.
(b) The Provisions of this Code shall not be so interpreted or ad-
ministered as to eliminate or oppress small enterprises or to discrimi-
nate against them.
9--DracouTS FRo CASaF
Cash discounts, under the Provisions of this Code, shall not exceed
2%/, 10 days; 30 doays net.

10. QUANTITY' Discouwas

There shall be no discrimination in connection with quantity
discounts which will result in fees lower than those governed by
Section 5 above of this Code.

11. FAIR COMPETITION

(a) The following shall be deemed a violation of the terms of this .
section of the Code:
(1) M~isrepresentat~ion of the types of service to be or actually
performed for clients.
(2) Untrue statements regarding a competitive organization or
any of its members.
(3) Unt~rue statements regarding the integrity or ability of the
competitor to perform contracts awarded to him. .
(41) Inducing a cancellation of an order already placed with a,
competitive firm.
(b) In the event that any Engineering Inspection Organization
shall feel that it .has a complaint or grievance against a~ny other
Engineering Inspection Organization with regard to violation of
this Code, the former shall notify the latter in writing, fully and frankly
ly stating the circumstances involved. Copy of this letter shall be
sent to the Engineering Inspection Group Secretary. The member
receiving the complaint shall investigate the facts and frankly reply
to the former, also sending copies of the correspondence to the Group







rS. ecretfary. In the event that the two Organizations are unable to
14:s;(Aiil~;,tantril adjust the matter between themselves each shall appoint
Ap~~~:ii~ investigator. These two investigators shall in turn appoint a
sld nvestigator in order that the three may ascertain the: facts
piidig;ii report their findings. A copy of their report, as well as all
inteive~nning correspondence, shall also be placed in the hands of the
Secetay o th Grup.The information in the hands of the Secre-
tary:1~ shall be available to any authorized representative of the Federal
G.i~-:overment who may desire to inquire into the circumstances
!:i~ involved.
It is distinctly understood that this Provision of the Code shall in
no way prevent or interfere with the legal rights of any Engineering
: Inspection Organization, as provided for under the terms of the
National Industrial Recovery Act.
12-M"EMBERSHIP

Any Engineering Inspection Organization operating within the
UJnited States is eligible to membership in this Group, and to partici-
pate under this Code, upon written acceptance of this Code.
13--CANCELLATION OR MODIFICATION

This Code or any of its Provisions shall be cancelled or modified,
and,~ any approved rule issued thereunder shall be ineffective to the
extent necessary to conform to any action by the President under
Section 10 (b) of the National Industrial Recovery Act in cancellation
or modification of any order, approval, license, rule or regulation
pertaining thereto.
14---EFF$ECTIVENESS OF PnovisIoNS or TBmS CODE

If any Provision of this Code is declared invaid. or unfavorable, by
the President or his authorized representatives, the remaining Pro-
visions shall nevertheless continue in full force and effect, as provided
for in the National Industrial Recovery Act, the same as if they
had been separately presented for approval, and approved by the
President.
O







UNIYERSITY OF FLORIDA /-5



3 1262 08582 9860




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