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Registry No. 618-43
NATIONAL RECOVERY ADMINISTRATION
PROPOSED CODE OF FAIR COMPETITION
PAINTING AND DECORATING
AS SUBMITTED ON AUGUST 28, 1933
UNIV. OF FL LIB. WE
AU. DO T ....
I OUR PART
The Code for the Painting and Decorating Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933
For sale by the Superintendent of Documents, Washington, D.C. -. --Price 5 c:nls
PAINTING CONTRACTORS' ASSOCIATION
CODE OF FAIR COMPETITION FOR THE PAINTING AND
SUBMITTED FOR APPROVAL BY THE PAINTING CONTRACTORS'
ASSOCIATION, CHICAGO, ILLINOIS
The Painting Contractors' Association is an Association composed
of Employers of Labor in the Painting and Decorating Industry in
Chicago, Illinois, and vicinity, including the towns of Berwyn, Cicero,
Evanston, La Grange, Maywood, Oak Park, River Forest, and
Waukegan, all in Illinois. The Membership of this Association con-
sists of employers of skilled labor in the Painting and Decorating
Industry who can be relied upon as to honesty and responsibility in
To effectuate the policy of Title I of the National Industrial Recovery
Act, during the period of the emergency, by reducing and relieving
unemployment, improving the standards of labor, eliminating com-
petitive practices and methods of competition destructive and in-
jurious to the interests of the Employers, Employees, and the Public,
in all that concerns the Painting and Decorating Industry, and to
otherwise rehabilitate and improve conditions in the Painting and
Decorating Industry, the following provisions are established as a
Code of Fair Competition for the Painting and Decorating Industry.
(a) As used herein the term "Painting and Decorating Industry"
shall mean the application of painting materials of all kinds and
descriptions in and on all buildings, structures, and parts of buildings
.and structures and including parts of buildings and structures finished
or partly finished before being delivered at the buildings or structures
and all wood finishing and/or work of a decorative nature and all
preparatory work necessary and/or incidental to painting and decorat-
ing and all renovating and/or cleaning work and work pertaining to
renovating and cleaning structures and buildings and parts thereof
and the installation of hangings and ceiling and wall coverings in
buildings and structures as is now customary and as is now practiced
in the Painting and Decorating Industry.
(b) The term "Employer" shall mean any person or persons
who employ labor in the execution and performance of any work in
the painting and decorating industry as described herein.
(c) The term "Employees" shall mean all persons employed in
the painting and decorating industry.
(d) The term "Effective date" shall mean fifteen (15) days after
this Code shall have been approved by the President.
(e) The term "Person" shall mean any individual, partnership,
association, trust or corporation.
9131-33 1 l
ARTICLE 2-MINIMUM WAGE
The minimum wage that shall be paid by employers to any of their
employees who are skilled craftsmen shall be ONE DOLLAR AND
FIFTY CENTS (81.50) per hour.
ARTICLE 3-MAXIMUM HOURS
The maximum number of hours that a skilled craftsman in the
painting and decorating industry shall work, or shall be permitted or
directed to work, by his employer, shall not exceed SIX (6) hours per
day or be more than THIRTY (30) hours in any one week. This
provision as to maximum number of hours per day and per week
shall not apply to office or administration help, foremen, superintend-
ents or casual labor incidental to the painting and decorating
Every employer shall keep complete and accurate records of allhis
employees, the hours and days worked by his employees, and also a
record of receipts and disbursements as to everything concerning
his activity in the painting and decorating industry to enable said
employer to furnish reports and information as may be required by the
President or Administrator of this Act to determine the observance
and effectiveness of this Code, and as to whether or not the painting
and decorating industry is taking appropriate steps to comply with the
declared policy of the National Industrial Recovery Act.
ARTICLE 5-PROVISIONS FROM RECOVERY ACT
(1) Employees shall have the right to organize and bargain col-
lectively 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 concerted activities for the purpose of col-
lective bargaining or other mutual aid or protection.
(2) 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 organization of his own
(3) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, approved
or prescribed by the President.
ARTICLE 6-UNFAIR PRACTICES
(a) Employers shall not sell their services nor perform any work in
the painting and decorating industry below cost to them to the detri-
ment of their competitors in the painting and decorating industry.
(b) An employer shall not induce an Architect, General Contractor,
Owner, Building Manager, or any other persons whatsoever to grant
a secret payment of allowances, rebates, refunds, commissions, or
unearned discounts either in money or in anything of value or to
secretly extend or accept special privileges not extended to all
employers in the painting and decorating industry with the intent
and/or effect of injuring a competitor in the painting and decorating
(c) All employers of labor in the painting and decorating industry
have the right to expect, where competitive bids are requested, that
the contract will be awarded to the employer whose bid in itself is
most acceptable. Any violation of this practice, or by any person
calling for or receiving bids, and any acceptance of the benefits thereof
by an employer shall be considered unfair competition not in accord-
ance with the spirit and the intent of the National Industrial Recovery
Act and shall be considered as a violation of said Act and of this Code
and shall be reported to the Administrator of said Act.
(d) It shall be considered an unfair trade practice and unfair com-
petition to divulge, or to in any manner convey to others, information
relating to bids received, for the purpose of receiving a lower bid or
to otherwise influence prices.
(e) An employer shall at all times present a fair and equitable bid
upon the work and it shall be considered an unfair trade practice and
unfair competition to revise such bid for the purpose of gaining an
advantage over a competitor whose bid was lower at the outset. If
there are changes in plans and specifications, his revised bid shall reflect
only the value of such changes; except for such changes he shall make
only one tender upon the job.
The Painting Contractors' Association believes that it is essential
to the effectiveness of this Code, or any Code relating to the industry,
that employers in the painting and decorating industry be licensed.
(a) Upon the approval of this Code by the President, all employers
of skilled labor in the painting and decorating industry shall be
considered to be and are hereby declared to be licensed employers of
skilled labor in the painting and decorating industry.
(b) A violation of any of the provisions of this Code relating to the
maximum hours of labor and the minimum rates of pay as provided
in Article #2, paragraphs A and B, by any employer shall cause the
license of such employer to be revoked and his right to operate as an
employer of skilled and apprentice labor in the painting and decorat-
ing industry shall thereupon cease.
(c) If any employer, whose license has been revoked, shall continue
to operate as an employer of skilled labor in the painting and decorat-
ing industry, he shall be subject to the penalties provided for by the
Laws of the United States for such conduct.
ARTICLE 8-INEQUITABLE RESTRICTIONS
The Painting Contractors' Association shall impose no inequitable
restriction on admission to membership in the Association and nothing
in this Code is intended or designed to promote a monopoly for the
benefit of the members of the Association nor to eliminate, oppress, or
discriminate against employers of this industry who are not members
of this Association.
ARTICLE 9--AGREEMENT WITH NATIONAL INDUSTRIAL RECOVERY ACT
Employers of skilled labor in the painting and decorating industry
will enter into any mutual agreement, and abide thereby, which shall
have for its purpose, the establishment of the maximum hours of labor
and minimum rates of pay, together with fair trade practices, as will
effectuate the policies and provisions of the National Industrial Re-
covery Act. Such employers agree to exert every means of patience,
diligence, and fairness in assisting all employers of labor in the paint-
ing and decorating industry to understand and abide by the purposes
and intent of the National Industrial Recovery Act, and to assist in
the proper administration of the purposes of said Act by reporting and
assisting in the prosecution of all violations of this Code for the Paint-
ing and Decorating Industry as approved by the President.
ARTICLE 10-QUALIFICATIONS OF EMPLOYERS
All employers of labor in the painting and decorating industry shall
be capable of completing and shall complete contracts strictly in ac-
cordance with specifications, samples submitted, or representation
made prior to securing the contract.
It is understood that any of the provisions of this Code may be
modified, with the approval of the President, in such manner as may
be indicated by the needs of the Public, changes of circumstances or
by experience and it is also understood that from time to time addi-
tional or supplementary Codes may be submitted, as circumstances
seem to require.
The Painting Contractors' Association has compiled the foregoing
provisions for the minimum wage and maximum hours of employ-
ment, both of which are agreeable to the employers and employees,
in the Painting and Decorating Industry. Together with these major
provisions, we have submitted what experience has proven to the
employers and employees this Code of fair trade practices which will
be for the best interests of the Public, the Employee, the Employer,
and pledges itself to be in full accord with the spirit and intent of the
National Industrial Recovery Act in the nation-wide plan to raise
wages, create employment and thus increase purchasing power and
I, Chas. B. Hart, Secretary of the Painting Contractors' Associa-
tion, do hereby certify that the foregoing is a true copy of the pre-
liminary Code of fair competition presented to and approved by the
meeting of the Trustees of said Association duly called and held at
the Offices of the Association, 32 West Randolph Street, Room #1318,
Chicago, Illinois, on the 10th day of August 1933, and referred to
in the Resolution adopted by the said Trustees at such meeting and
certified copy is submitted, herewith, dated August 10th, 1933.
CHAS. B. HART, Secretary.
Resolved, that the Board of Trustees of the Painting Contractors'
Association is authorized and directed to cause application to be made
to the President of the United States and to the Administrator under
the National Industrial Recovery Act for approval of the proposed
preliminary Code for the Painting and Decorating Industry, as
approved at this meeting, with such modifications or additions as
the said Board of Trustees shall approve, with full power to provide
for the representation of this Association before such Authorities in
all matters relating to the Code and its construction and the action
of said Authorities thereon.
I, Chas. B. Hart, Secretary of the Painting Contractors' Associa-
tion, do hereby certify that the foregoing is a true copy of a Resolu-
tion duly adopted by the Painting Contractors' Association at a
meeting of the Trustees thereof at a meeting called and held at 32
West Randolph Street, Chicago, Illinois, on the 10th day of August
Dated this 15th day of August 1933.
CHAS. B. HART, Secretary.
Be it hereby resolved, that Painters' District Council No. 14 unan-
imously approves the CODE for painters, submitted above by the
Painting Contractors' Association of Chicago, Illinois, and recom-
mends that same be adopted.
PAINTERS' DISTRICT COUNCIL No. 14,
A. W. WALLACE, Secretary-Treasurer.
UNIVERSITY OF FLORIDA
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