Proposed code of fair competition for the Ohio-sandstone industry as submitted on August 31, 1933

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Title:
Proposed code of fair competition for the Ohio-sandstone industry as submitted on August 31, 1933
Physical Description:
6 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
Supt. of Documents
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Sandstone -- Law and legislation -- Ohio   ( lcsh )
Sandstone -- Law and legislation -- Kentucky   ( lcsh )
Sandstone -- Law and legislation -- West Virginia   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

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Cover title.
General Note:
"Registry No. 1037-11".

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Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 63655103
ocm63655103
System ID:
AA00009863:00001


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UNIVERSITY OF FLORIDA


ll3 1262 08486 7893Il III u l I
3 1262 08486 7893


Registry No. 1037-If


NATIONAL RECOVERY ADMINISTRATION




PROPOSED CODE OF FAIR COMPETITION
FOR THE


OHIO-SANDSTONE INDUSTRY


AS SUBMITTED ON AUGUST 31, 1933


.;' .., -,...
I-, .; r y


The Code for the Ohio-Sandstone 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




UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933


For sale by the Superintendent of Documents, Washington, D.C. Price 5 venta













































Digilized by the Iniernei Archive
in 2011 wih funding from
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CODE OF FAIR COMPETITION FOR THE OHIO-SANDSTONE
INDUSTRY
AUG. 31, 1933
To effectuate the policy or policies of title I of the National
Industrial Recovery Act during the period of the emergency, to
induce and maintain the united action of all elements of the Ohio-
Sandstone Industry under adequate governmental or private sanc-
tions and supervisions, to eliminate unfair competitive practices,
and to advance the public interest, to reduce and relieve unem-
ployment, to improve standards of labor and living and otherwise
to rehabilitate the Ohio-Sandstone Industry, the following provisions
are established as a Code of Fair Competition.
PART ONE
1. Definitions.-The term "Ohio-Sandstone Industry" as used
herein is defined to mean the quarrying and fabricating of that
silica stone found in the states of Ohio, Kentucky, and West Virginia
and used as architectural building stone, curbing, flag stone, and for
grave vaults, grindstones, breakwaters, firestone, etc. The term
"employees" as used herein shall include all persons employed in
the conduct of such operations. The term "persons" as used
herein shall include natural persons, partnerships, associations, and
corporations. The term "effective date" as used herein is defined
to be the second Monday after the approval of this Code by the
President.
PART TWO
2. Provisions incorporated from 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 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
collective bargaiining or other mutual aid protection.
(b) 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 choosing.
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, approved
or prescribed by the President.
(d) This Code and all provisions thereof are expressly made
subject to the right of the President in accordance with the provisions
of Section 10 (b) of the National Industrial Recovery Act from
time to time to cancel or modify any order, approval, license, rule,
or regulation issued with respect hereto under Title I of said Act.
9121-33 ( 1








3. Minimum wrages.-On and after the effective date the minimum
wage to be paid persons engaged in this Industry in the State of Ohio
shall be thirty-five cents ($.35) per hour. On and after the effective
date, the minimum wage to be paid persons engaged in this Industry in
the State of Kentucky and in the State of West Virginia shall be thirty
cents ($.30) per hour. These restrictions shall not apply to appren-
tices, water boys, nor signal boys.
On and after the effective date, the minimum wage to be paid
accounting, clerical, office (including draftsmen and estimators) or
sales employees in this Industry shall be fifteen dollars ($15.00) per
week.
No employer adhering to this Code shall reduce to the minimum
wage authorized herein any workers or class of workers now receiving
more than the said minimum wage.
4. 3la.rimuin hours.-On and after the effective date, and except
as hereinafter provided, no employer in this Industry shall cause or
permit any employee to work at an average of more than forty (40)
hours per week in any six (6) months' period nor more than forty-eight.
(48) hours in any one week. On and after the effective date no em-
ployer in this Industry shall cause or permit any draftsman or estima-
tor to work at an average of more than forty (40) hours per week in
anysix (6) months' period. For the purpose of this article, the calen-
dar year is divided into two periods of six (6) months each beginning,
respectively, on February first and August first. After the date of the
employment by any employer in this Industry of any employee, such
.employer shall not knowingly permit such employee who also shall
have performed work for one or more other employers to work for
-such employer such number of hours as would result in violation of
the Code had all such work been performed for such employer.
This restriction shall not apply to office and supervisory staffs,
stationery engineers and firemen, nor to labor used in the maintenance
of plant facilities. By "labor used in the maintenance of plant facili-
ties" is meant labor not engaged in production, such as watchmen
and repair crews.
On and after the effective date, the maximum hours of labor for
accounting, clerical, office (excluding draftsmen and estimators)
employees (except outside salesmen) in all establishments of this
Industry shall be forty (40) hours per week per man.
5. Minimum Age.-An employer in the Ohio-Sandstone Associa-
tion shall not employ any minor under the age of sixteen (16) years
or under any greater age specified by law or competent governmental
authority.
6. Amendments.-Amendment to this Code may be proposed by
any member of the Ohio-Sandstone Association, and when approved
by the National Recovery Control Committee shall be submitted to
the membership of the Association. When approved by a two-thirds
majority of the members present at a meeting called for that purpose
after ten (10) days notice of such meeting (stating the purpose of the
meeting) has been given by the Secretary such amendment shall be
submitted to the President and shall be effective when approved by
the President.
Any amendment which fails of approval by the National Recovery
Control Committee shall be submitted to the Association as herein-
before provided after one third of the members of the Association








have, by a signed petition, request the Association to consider the
amendment.
7. Control Committee.-There shall be a National Recovery Control
Committee to be composed of five (5) persons, three (3) of whom shall
constitute a quorum. Three (3) members of the National Recovery
Control Committee shall be quarriers of Ohio-Sandstone, and the re-
maining two (2) shall be fabricators of Ohio-Sandstone.
The Ohio-Sandstone Association shall elect from among its mem-
bers the five (5) members of the National Recovery Control Com-
mittee. Each quarrier subscribing to this Code is entitled to one vote
for the election of each member of the said National Recovery Control
Committee. Each fabricator subscribing to this Code is entitled to
one vote for the election of each member of the said National Re-
covery Control Committee. Persons subscribing to this Code who are
both quarriers and fabricators of Ohio-Sandstone are thus entitled to
cast two votes for the election of each member of the National Re-
covery Control Committee. The National Recovery Control Com-
mittee so elected shall elect one of its members as chairman and the
members thereof shall hold office until their successors are elected.
The National Recovery Control Committee is charged with carrying
out the purposes of the Industrial Recovery Act as it applies to the
Ohio-Sandstone Industry; is charged with the administration and
enforcement of this Code, and is hereby empowered to make such
rules and regulations as may from time to time be deemed necessary
for these purposes. These rules and regulations shall be effective
upon approval by the President.
In case any quarrier or fabricator of Ohio-Sandstone shall within
fifteen (15) days after approval by the President of this Code fail to
perform the obligations as provided hereunder, it shall be the duty of
the National Recovery Control Committee of the Association to pre-
pare and submit to the Industrial Recovery Administration a full
statement of the facts in such case.
8. Disputes and appeals.-All disputes or controversies involving
persons in the Ohio-Sandstone Industry, as herein defined, shall be
referred to the National Control Committee of the Ohio-Sandstone
Association for adjustment. In the event that the adjustment or
reconciliation recommended by the National Control Committee of
the Ohio-Sandstone Association shall not be accepted by either party
to the controversy, the National Control Committee of the Ohio-
Sandstone Association shall, at the request of any party directly con-
cerned, refer the matter to the National Administrative Committee
of the Construction Industry as established in the Construction Indus-
try Code for appropriate adjustments by it. In the event that the
adjustment or reconciliation recommended by the National Adminis-
trative Committee of the Construction Industry shall not be accepted
by any party to the controversy or complaint, the National Adminis-
trative Committee shall, at the request of any party directly con-
cerned, refer the matter to the Administrator who, at his option, may
hear and determine any such controversy or complaint. Any adjust-
ment or reconciliation of any such controversy or complaint deter-
mined by the Administrator shall be final and shall bind the employers
or association thereof involved in any such controversy or initiating
any such complaints.








It is the spirit of the foregoing provisions that, so far as possible,
controversies or complaints arising within the Ohio Sandstone Indus-
try shall be fully determined and adjusted by the Control Committee
of the Ohio Sandstone Association or by the National Administrative
Committee of the Construction Industry and that whenever adjust-
ments or reconciliations recommended by such Committees are con-
siste~nt with reasonable compromise, recourse shall not be had or appeal
made to the Administrator.
9. Adjustmenrts.-In the event that any buyer subject to this Code
shall have contracted before June 16, 1933, to purchase goods, struc-
tures or parts thereof at a fixed price for delivery during the period of
the President's Reemlployiment Agreement, he shall make an appro-
priate adjustment of said price to meet any increase in cost to the
seller, usedd by the seller's having signed the President's Reemploy-
merit Agreement or having become bound by any Code of Fair
competition approved by the President; provided, however, that in
view of the fact that construction operations customarily involve the
furnishing of various goods and structures, or parts thereof, by a
continuous series of independent long-term contracts, and agreements
at fixed prices between various parties, such as owners (including
governmental departments), builders, contractors, subcontractors,
and others, such adjustments shall be contingent upon similar appro-
priate adjustments to be made by all other parties thus participating,
from and including the initial vendor of such goods and structures or
parts thereof, to and including the owner of the works or structure
upon which they are used.
10. Bid Ptddl; ng Prohibited.-No one in the Ohio Sandstone Indus-
try shall be a party to the unfair practice commonly known through-
out the Construction Industry as "Bid Peddling." Any person
violating this Article is guilty of an unfair method of competition.
11. Administrative eJpen..st.-All employers and persons as defined
in this Code shall bear their equitable share of the expense incident.
to the administration of this Code of Fair Competition.
12. Effective dalt.-This Code shall become effective on approval
by the President of the United States and shall be applicable to all
construction work undertaken pursuant to contracts entered into or
otherwise commenced after such approval date.
PART TWO
ARTICLE I
AMembership in the Ohio-Sandstone Association and participation
in this Code and subsequent revision thereof and additions thereto
shall be open to any person or to any association of persons now
engaged in the quarrying or fabrication of Ohio-Sandstone or the
successor or successors thereof, upon terms of equality of all present
members. Subscription fees or other assessments shall be equitable
uniform rates based on the shipments of members, except that the
Association reserves the right to impose a small annual charge, which
also shall be uniform.








ARTICLE II-PRODUCTION
The National Recovery Control Committee of the Ohio-Sandstone
Association shall determine and from time to time revise an estimate
of expected Ohio-Sandstone consumption for architectural building
use in structures to be erected in Ohio, and based thereon it shall
establish and from time to time revise an equitable production
quota and distribution basis for quarriers and an equitable production
quota and distribution basis for fabricators of Ohio-Sandstone. Pro-
duction or fabrication of Ohio-Sandstone for architectural building
use in Ohio structures by quarriers or fabricators in excess of the
respective allotments as made by the National Recovery Control
Committee is an unfair method of competition.
The quarry and plant capacity of the Ohio-Sandstone Association
is more than one hundred per cent (100%) in excess of the ordinary
demands for Ohio-Sandstone. For the purpose of preventing an
unwarranted increase of capacity, it is hereby agreed that the adher-
ents to this Code shall not, during the period of emergency, install in
their quarries or plants any channeling machines or any planers,
jointing saws, or other stone-working machines where such installation
is made for the purpose of or will have the effect of increasing the
present capacity of the Industry. Such installation by any adherent
to this Code will be an unfair method of competition.

ARTICLE III-PRICES OF OHIO-SANDSTONE
The marketing of Ohio-Sandstone, whether by quarriers or fabri-
cators, should be on a price basis which will cover costs.

ARTICLE IV
Block and sawed stone is sold to cut stone contractors throughout
the United States. Grindstones are sold to manufacturers or hard-
ware jobbers throughout the United States. Grave vaults are sold
to grave vault dealers throughout the United States. The subscribers
to this Code who sell block and sawed stone, grindstone, curbing,
flagging, and grave vaults agree to file price schedules therefore with
the Association. Notice of changes in such price schedules shall be
given the Association six (6) days before such changes become
effective.
The subscribers to this Code who sell block and sawed stone,
grindstones, curbing, flagging, and grave vaults agree to maintain
the price so filed without directly or indirectly attempting to evade
or without directly or indirectly evading the same by secret rebates
or any other way.
ARTICLE V
Planed, turned, and finished cut stone is sold to general contractors,
architects, engineering concerns, and owners by a system of competi-
tive bidding. Adherents to this Code shall, prior to filing bids for
the sale of more than three hundred (300) cubic feet in any one job
of such stone, file copies of such bids with the Secretary of the Associ-
ation. Such copies shall be filed not less than seventy-two (72) hours
prior to the time for the opening of such bids by the owner, architect,








or general contractor, unless less time is granted therefore by the
National Recovery Control Committee.
The National Recovery Control Committee shall check bids so filed
against the allotment theretofore granted each such bidder; against
the respective costs of production and delivery charges for errors
which bring the amount of the bids below the costs of production and
delivery charges; and for compliance with the Code.
The National Recovery Control Committee will advise any bidder,
the amount of whose bid is below the costs of production, who has
failed to comply with the Code or who, by obtaining the work bid
for, would unwarrantedly exceed his allotment, of the findings in such
case. Such bidders, if they desire, will be given an opportunity to
defend their bids before the National Recovery Control Committee.
The members of this Association hereby agree to withdraw bids found
not satisfactory under the provisions of this Code by the National
Recovery Control Committee. Failure to withdraw a bid found un-
satisfactory under this Article is an unfair method of competition.
ARTICLE VI
In order to obtain the benefits provided under this Code, it is not
necessary for any employee to join any company union or any other
organized labor union.
ARTICLE VII
Violation by any person engaged in the Ohio-Sandstone Industry
as herein defined of any of the provisions of this Code or of any
approved rule issued thereunder is an unfair method of competition.




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