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I' NATIONAL RECOVERY ADMINISTRATION
AMENDMENT TO SUPPLEMENTARY CODE
OF FAIR COMPETITION
CEMENT GUN CONTRACTORS'
(A Division of the Construction Industry)
AS APPROVED ON JULY 19, 1934'
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: Approved Code No. 244D-Amendment No. 1
Registry No. 1616--2-22
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Approved Code No. 244D-Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF
CEMENT GUN CONTRACTORS' INDUSTRY
As Approved on July 19, 1934
APPROVING MODIFICATION OF SUPPLEMENTARY CODE OF FAIR COMPETI-
TION FOR THE CEMENT GUN CONTRACTORS' INDUSTRY
A DIVISION OF THE CONSTRUCTION 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 modification
to a Supplementary Code of Fair Competition for the Cement Gun
Contractors' Division of the Construction Industry, and due notice
and opportunity to be heard having been given thereon and the
annexed report on said modification, 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
President, 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 modification and the Code as
constituted after being modified comply in all respects with the perti-
nent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that said modification be
and it is hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as modified.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
GEO. L. BERRY,
July 19, 1934.
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on a modification of the Supplementary Code
of Fair Competition for the Cement Gun Contractors' Division of
the Construction Industry which was approved by you on March 21,
The effect of this amendment will enable the Code Authority to
submit a budget and basis of assessment and give it the power to
institute legal proceedings, if necessary, for the collection of said
The Deputy Administrator in his final report to me on said modi-
fication of said Code having found as herein set forth and on the
basis of all the proceedings in this matter:
I find that:
(a) The modification of said Code and the Code as modified are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
(b) The Code as modified complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The modification and the Code as modified are not designed to
and will not permit monopolies or monopolistic practices.
(d) The modification and the Code as modified are 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
For these reasons this modification has been approved.
HUGH S. JOHNSON,
JusY 19, 1934.
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COM-
PETITION FOR THE CEMENT GUN CONTRACTORS'
A DIVISION OF THE CONSTRUCTION INDUSTRY
Modify Article III, Section 1, by deleting sub-section (h) and
substituting in lieu thereof the following:
ARTICLE III--D MINISTRATION
SECTION 2. It being found necessary, in order to support the
Administration of this Chapter and to maintain the standards of
fair competition established by this Code and to effectuate the policy
of the Act, the Divisional Code Authority is authorized, subject to
the approval of the Administrator:
(a) To incur such reasonable obligations 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 which
shall be held in trust for the purposes of the Chapter.
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of this
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable con-
tributions as above set forth by all such members of this Division,
and to that end, if necessary, to institute legal proceedings therefore
in its own name.
SECTION 3. Each member of this Division shall pay his or its equit-
able contribution to the expenses of the maintenance of the Divisional
Code Authority, determined as hereinabove provided, and subject to
rules and regulations pertaining thereto issued by the Administrator.
Only members of the Division complying with the Code and con-
tributing to the expenses of its administration as provided in Section
2 of this Article (unless duly exempted from making such contribu-
tion), shall be entitled to participate in the selection of the Members
of the Divisional Code Authority or to receive the benefits of its
activities or to use any emblem or insignia of the National Recovery
SECTION 4. The Divisional Code Authority shall neither incur nor
pay any obligation in excess of the amount thereof as estimated in
its approved budget, except upon approval of the Administrator;
and no subsequent budget shall contain any deficiency item for ex-
penditures in excess of prior budget estimate except those which the
Administrator shall have so approved.
Approved Code No. 244D-Amendment No. 1.
Registry No. 1616-2-22.
UNIVERSITY OF FLORIDA
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