Code of fair competition for the wrecking and salvage industry as approved on March 3, 1934

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Title:
Code of fair competition for the wrecking and salvage industry as approved on March 3, 1934
Portion of title:
Wrecking and salvage industry
Physical Description:
p. 459-471 : ; 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:
Wrecking -- United States   ( lcsh )
Salvage (Waste, etc.) -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1616-104."
General Note:
"Approved Code No. 318."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 650539345
ocn650539345
System ID:
AA00009973:00001


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NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION
FOR THE

WRECKING AND SALVAGE

INDUSTRY


AS APPROVED ON MARCH 3, 1934


t Bel 'A


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934


For sale by the Superintendent of Documents, Washington, D.C. - P'rice 5 cents


Approved Code No. 318


Registry No. 1616-104
























This publication, is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign am! D-in.C-stic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga : 504 Post Office Building.
Birminighanm, .\la.: 257 Federal Building.
Boston, Nlass.: 1S01 Custiormhouse.
Buffalo, N.Y.: Chamnber of Commerce Building.
Chtarleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cluveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
.lacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 40S Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Pliladelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.













Approved Code No. 318


CODE OF FAIR COMPETITION
FOR THE

WRECKING AND SALVAGE INDUSTRY

As Approved on March 3, 1934


ORDER

ArInoVINGs CODE OF FAIR COMPETITION FOR THE WRIECKIN; AND
SALVAGE 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 Code of
Fair Competition for the Wrecking and Salvage Industry, and hear-
ings 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:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
plursuant 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 Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
pose., of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
HUGH S. JOHNSON,
Admi ;i .strator for Industlral Recor ery.
Approval reconmnendedi:
GEO. L. BERIVY,
Dit'ision A dmiin strator.
WASH INGTON, D.C.,
March J, 19-34.


(459)


4-1101---425-29--3-1













REPORT TO THE PRESIDENT


THE PRESIDENT,
The 7l'hite House.
SIR: This is a. report on the Code of Fair Competition for the
Wrecking and Salvage Industry in the United States, the hearing
having been held in Washington, D.C., December 5, 1933, in accord-
ance with the provisions of the National Industrial Recovery Act.
PROVISIONS AS TO HOURS AND WAGES
All employees except those in an executive or managerial capacity
who receive more than thirty-five (35) dollars per week shall be paid
a mininll of forty (40) cents per hour except in the hereinafter
mentioned areas, where the wages shall be as follows:
Metropolitan area, City of New York, seventy (70) cents per hour;
City of Chicago, fifty (50) cents per hour;
The States of Alabama, Florida, Georgia, Loui.iana, Mississippi,
North Carolina, South Carolina and Tennessee, thirty (30) cents
per hour.
No employee shall be permitted to work more than forty (40) hours
per week, or more than eight (8) hours in any twenty-four (24) hour
period.
Tolerance in hours is granted to yard foremen who are permitted
forty-four (44) hours per week, time keepers forty-eight (48) hours
per week, truck drivers forty-four (44) hours per week, and watch-
men one hundred and twelve (112) hours every two weeks, as well
as to employees un emergency work.
All employees on emergency work shall be paid at the rate of time
and one-third for hours in excess of the normal daily or weekly
m1aximu.lll.
Minimum wage of office employees shall be not les,. than thirteen
(13) dollars and fifty (50) cents per week.
No person under the age of 18 shall be employed by the Industry.
A minimum rate of pay is established regardless of whether an
employee i,, working on a time or piece work. or other basis, and it is
also provided that Ino employee shall be reclassified or suffer any
reduction in hourly wages.
ECONOMIC EFFECTS OF THE CODE
According to the statistics compiled by tle Industry, there is a
normal employment of approximately thirty thousand (30,000)
people.
The wrecking and Salvage Industry reports that it is closely allied
with the Construction Industry and naturally conforms fairly closely
to the distribution of population, a large proportion of the Industry
being in large cities. Employment in the Industry is naturally
seasolial.
(460)





461


During the past four years, according to the Iniidtry, minimum
wages have ranged from as low as seven and one-half (71/2) cents to
twenty-five (25) cents per hour. Owing to the Presideit's Reem-
ployment Agreement minimum wages have in some cases risen to
fifty (50) cents. However, only a few of the members of the Indus-
try have complied with this Agreement. It is estimated that under
the Code, increases in wages will amount to fully thirty (30) percent,
and owing to the maximum lhour.-, e.tabli-hed. an increase in employ-
ment of some forty (40) percent should be noted.
FINDINGS
The Assistant Deputy Administrator in his final report to me
on said Code having found as herein set forth and on the basis
of all the proceedings in this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the aiimount thereof and will
provide for the general welfare by promoting 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 adequate governmental sanctions and luper-
vision, by eliminating unfair competitive practices, by promoting
the fullest possible utilization of the present productive capacity
of industries, by avoiding undue restriction of production (except
as'may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,00o em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Sertion 7, and
Subsection (b) of Section 10 thereof; and that the applicant Asso-
ciation is an industrial Association truly representative of the afore-
said Industry; and that said A-sociation imposi.s no inequitable
restrictions on admission to menumber.-hip therein.
(d) The Code is not designed to and will not perminit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic, process have
not been deprived of the right to be heard prior to approval of
said Code.
For these reasons, therefore, I have approved this Code.
Respect fully,
HUGH S. JOHNSON,
A din iti,'ra/or.
MARCH 3, 1934.













CODE OF FAIR COMPETITION FOR THE WRECKING
AND SALVAGE INDUSTRY

ARTICLE I-PURPOSES
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Wrecking and Salvage Industry, and shall
br the .standard of fair competition for such industry and shall be
binding upon every member thereof.

ARTICLE II-DEFINITIONS
1. The term wrecking and salvage industry'" or "industry as
used herein is defined to mean the dismantling, wrecking, razing or
demolishing for pay or salvage and.'or t.he salvaging, wholly or in
part of any building, bridge, or other structure, except:
(a) The dismantling, wrecking, razing, demolishing and/or sal-
vaging of cars, ships, locomotives, traction lines, railroads, well der-
ricks or structures the wrecking or salvaging of which is generally
recognized as not among the operations of the industry.
(bi) Thie dismantling, wrecking, razing, demolishing and/or sal-
vaging of any structure or part thereof where such operation or
operations is or are governed by a code of fair competition approved,
or which may be approved by the President or his duly authorized
agent.
(c) Any ,of the above mentioned operations when performed in
connection with other work that is not included in the operations
of this industry and when such combined operations by custom have
previously been performed by another industry.
2. The term "' employee as used herein includes anyone except a
member of the Industry engaged in the Industry in any capacity
receiving compensation for his service, irrespective of the nature or
method (of payment of s'uch compensation.
3. The term employer as used herein includes anyone by whom
such employee is compensated or employed.
4. Tlle term member of the industry as used herein is defined
to mean anyone who is engaged in the industry as above defined
whether as an employer or on his own behalf.
5. The term "Association as used herein is defined to mean the
Ao,..intecl Wrecking & Salvage Contractors of the United States.
I;. 'T'lit trl.rm "h eiergzency work is defined to mean any work
which requlires immediate attention pursuant to any rule or regula-
tion of a iuiiwiipilHl. -tate, or government authority.
7. The terms President ", "Act and "bAdministrator as used
herein shall mean respectively the President of the United States,
Title I of the National Industrial Recovery Act, and the Adminis-
trator of said Act.
(462)





463


Population for the purposes of this Code -hall be determined by
reference to the 1930 Federal Census.
8. A yard manager is defined to mean that person who supervises
a yard together with any other part of the business of the member of
the Industry connected with the yard.
9. A yard foreman is defined to mean that person who supervises
a yard under the jurisdiction of the yard manager.
10. A brick and or lumber cleaner is defined to mean that cla.,s of
labor which cleans bricks and/or lumber removed from a wrecked
structure.
11. Tle term State as used herein shall include the forty-eight
(48) states of the United States, the District of Columbia and all
territories and possessions of the United States to which the Act is
applicable.
ARTICLE III--HOURS
1. No employee shall be permitted to work more than forty (40)
hours per week or eight (8) hours in any twenty-four (24) hour
period. except as hereinafter provided:
(a) Employees who are engaged in executive and/or managerial
capacities and who regularly earn not less than thirty-five dollars
($35.00) per week, outside salesmen, and yard managerr. Each yard
shall be restricted to one yardmanager.
(b) Yard foremen shall be permitted to work not more than forty-
four (44) hours per week or nine (9) hours in any twenty-four (24)
hour period.
(c) Time keepers may be permitted to work not more than forty-
eight (48) hours per week or nine (9) hours in any twenty-four (24)
hour period.
(d) Truck drivers and their helpers may be permitted to work not
more than forty-four (44) hours per week or nine (9) hours in any
twenty-four (24) hour period, except where contracts, now in effect,
and arrived at through collective bargaining, are 1insied nn longer
hours. In such latter cases the maximum hours of work shall in no
event be greater than forty-eight (48) hours per week.
(e) Watchmen .-lhall work not inore than one hundred and twelve
(112) hours every two week>,.
2. In each division or subdivision of the industry, truly representa-
tire a.s.ociations or groups of employers and employees respecttively
concerned, after proper notice and hearing and as a result of bona
file collective bargaining. may establish by mnitual agreement (when
approved by the President as provided in Section 7 (b) of the Act),
for a specifically defined region or locality the standards of hours of
labor, rates of pay and such other conditions of employment. relating
to occupations or types of operations in such division or subdivision,
as may be necessary to effectuate the policy of Title I of the Act.
The terms of such an agreement between the employers anil etnmplolyees
of a division or subdivision (of the industry shall nut be binding upon
the employers and employees of any other division or subdivision of
the industry.
After the President has approved any such agreement arrived at
within any such division or subdivision, and after proper notice of
such approval, it shall be deemed prima facie unfair competition






464


for any employer in such division or subdivision to fail to comply
with the standards of maximum hours of labor, minimum rates of
pay or other conditions of employment so approved and prescribed
by the President in respect of the performance within the defined
region or locality of the types of operations concerned; and the fail-
ure of such an employer to desist from such unfair competition after
being given due notice and opportunity to be heard, shall constitute
a violation of the requirements of this Code.
There may be established by the Administrator, Industrial Rela-
tions Boards for the Industry consisting of an equal number of
representatives of employers and employees to deal with all matters
in the Code relating to labor. Where a majority agreement cannot
be reached, an impartial chairman shall be selected by that Board
to render a decision. The creation and functioning of these Boards
including the selection of representatives of employees shall be in
accordance with Section 7 of the Act. If no truly representative
labor organization exists, the employee members of such Board shall
be chosen by the Labor Advisory Board of the N.R.A. The
employer representatives shall be chosen by the Code Authority.
The Industrial Relations Board may establish such subsidiary agen-
cies constituted in like manner as it finds necessary.
The provisions of this Section shall not be construed to limit the
power of the President, in the absence of such a mutual agreement,
to exercise any authority conferred upon him under Section 7 (c)
of the Act.
3. Where provisions concerning hours of labor or rates of pay have
been established for specific projects, by competent governmental
authority or agencies (whether Federal, State or political sub-divi-
sions thereof) acting in accordance with law, any employer required
to comply and complying with the provisions so established shall be
relieved of compliance with any conflicting provisions of this Article
or of any actions taken in accordance therewith.
Where an employer is obligated by the terms of an agreement
made prior to June 16. 1933, which is still in full force and effect,
under which he is legally bound to employ workers for other hours
per day or per week or to pay them other wages than those provided
in this Code, and which he is unable to revise by mutual consent,
the requirements of such an agreement may be observed notwith-
standing any conflicting requirements of this Code.
4. Employees engaged in emergency work may be permitted to
work in excess of the maximum hours set forth herein, provided
they are paid at. least one and one third (11,) times their regular
wage rate for the overtime.
5. No employee in the metropolitan area of City of New York
shall be permitted to work more than thirty-five (35) hours per
week or seven (7) hours in any twenty-four (24) hour period, except
if he is in one of the classes of employees covered by the exceptions
in the subdivisions of this Article.
6. Employees, except. watchmen and those engaged in emergency
work, shall not be permitted to work on Sundays or legal holidays.





465


ARTICLE IV-- AGES
1. No employee shall be paid at less than the rate of
(a) seventy cents (T70) per hour in the Metropolitan area of the
City of New York,
(b) fifty cents (,'0c) per hour in the Metropolitan area of the City
of Chicago,
(c) thirty cents (300) per hour in the States of Alabama, North
Carolin Suth rolina Sltll al Georgia, Florida, Mississippi, Louisiana,
and Tennessee, and
(d) forty cents (40q) per hour in all other areas; except as here-
inafter provided.
2. No clerical or office employee shall be paid less than at the rate
of fifteen dollars ($15.00) per week in any city having more than
500,000 inhabitants, or in the inunediate trade area of .scch a city;
nor less than at the rate of fourteen dollars and fifty cents ($14.50)
per week in any city having between 250,)000 and 500,000 inhabitants,
or in the immediate trade area of such a city; nor less than at the
rate of fourteen dollars ($14.00) per week in any city having between
2,500 and 250,000 inhabitants, or in the immediate trade area of such
a city; nor less than at the rate of thirteen dollars and fifty cents
($13.50) per week in towns of less than 2,500 inhabitants.
3. Brick and lumber cleaners who, on account of infirmities of age
or physical or mental disabilities, cannot do the work of able bodied
workers, are exempt from the minimum wages specified herein,
provided:
(a) That such employees shall not. exceed 10% of the total em-
ployees of any employer.
(b) That. in no case shall they be paid less than seventy-five per-
cent (75%) of the minimum wage rate for unskilled worknen.
(c) That such employer obtain from the authority designated by
the United States Department of Labor a certificate authorizing such
employment at such wages, and for such hours as shall be stated in
the certificate. Such authority shall be guided by the instruction of
the United States Department of Labor in issuing certificates to such
persons.
Each employer shall file with the Code Authority a list of all such
persons employed by him.
4. No employee shall be paid a wage rate which will yield a lesser
wage for a mnaxiimum work week specified herein than employees
were receiving for the same class of work for a longer work week
immediately preceding June 16th, 1933.
5. This Article establishes a minimum rate of pay regardless of
whether an employee is compensated on a time rate, piece-work, or
other basis.
ARTICLE V-GENERAL LABOR PROVISIONS
1. No person under eighteen (18) years of age shall be employed
in the industry.
2. 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






466


in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
3. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization
of hi. own choosing, and
4. Employers shall comply with the maximum hours of labor, min-
imum rates of pay, and other conditions of employment approved
or prescribed by the President.
5. Within each State this Code shall not supersede any laws of
such State imposing more stringent requirements on employers
regulating the age of employees, wages, hours of work, or health,
fire, or general working condition than under this Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees or engage in any other subterfuge
.so as to defeat the purposes of the Act.
7. Each member of the Industry shall post in conspicuous places,
which are easily accessible to employees, both in his yard and on the
sites of all wrecking operation, copies of Articles III, IV and V
of this Code.
8. No employer shall permit any employee to work for a total
number of hours in excess of the number of hours herein prescribed,
whether employed by one or more employers.
9. Any employer who in company with any other person or per-
sons performs manual labor customarily performed by an employee
shall be subject to maximum hourly limitations and other provisions
of this Code pertaining to employees.
10. Every employer shall provide for the health and safety of
his workmen. He shall comply withthhe Workmen's Compensation
laws of the state in which the operations are carried on. A safety
and health manual is to be submitted by the Code Authority for
approval before June 1, 1934.

ARTICLE VI-ADMINISTRATION
A Code Authority is hereby constituted to co-operate with the
Administrator in the administration of this Code.
1. The Code Authority shall consist of seven (7) individuals or
such other number as may be approved from time to time by the
Administrator, to be selected by the members of the Industry as
hereinafter set forth. The Administrator may appoint from one
(1) to three (3) additional members without vote to represent
the (Government on the Code Authority without expense to the
Industry. Members appointed by the Administrator are to be ap-
pointeld for terms of from six (6) months to one (1) year, and the
term, of appointment are to be so arranged that they do not expire
at the same tiiie.
2. The members of the Code Authority to be selected by the mem-
bers of the Industry shall be chosen as soon as practicable after
the effective date of this Code, by some fair method of selection
approved by the Administrator. Pending such selection of the
Code Authority by the members of the Industry, the Association
shall select seven (7) individuals who shall act as the Code Authority





467


and who shall be subject to all provisions in respect to the Code
Authority.
3. Each trade or industrial association, directly or indirectly par-
ticipating in the activities of the Code Authority S-hall
(a) Impose no inequitable restriction on membership.
.(b) Submit to the Administrator true: copies of its Articles of
Association, By-Laws, Regulations and any Amnendllments when made
thereto, together with such other information as to meb l:irship,
organization, and activities as the Administrator may deem neces-
sary to effect the purposes of the Act.
4. In order that the Code Authority shall at all times be truly
representative of the industry and in other reipeets comply with the
provisions of the Act, the Administrator may prescribe such hear-
ings as he may deem proper; and thereafter if he shall find that the
Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, lmay i .quire an
appropriate modification in the method of selection of the Colde
Authority.
5. If the Administrator shall determine that any action of a Code
Authority or any agency thereof is unfair or unjust or contrary to
the public interest, the Administrator may require that such action
be suspended for a period of not to exceed thirty days to afford an
opportunity for investigation of the merits of such action and further
consideration of such Code Authority or agency pending final action,
which shall be taken only upon approval by the Administrator.
6. The Code Authority shall have the following duties and powers
subject to the right, of the Administrator on review to disapprove
any action taken by the Code Authority.
(a) To select employees and officers, and to assign to then such
duties as it may consider advisable and to provide rules for its pro-
cedure and its continuance as the administrative agency of this Code,
in accordance with the terms of the Act and the principles herein
set forth.
(b) To receive, investigate and adjust complaints of violations
of this Code and, ba-.ed upon such investigations and upon such
hearings as it may deem proper, to make recommendations in
respect thereto to the proper authorities for the prosecution of such
violations.
(c) To obtain from time to time from employers in the industry
reports with respect to wages, hours of labor, conditions of employ-
ment, number of employees and any and all other matters pertinent
to this Code, as the Code Authority may prescribe, and to submit
periodical reports to the Administrator in such form and at such
times as he may require, in order that the President may be kept in-
formed with respect to the observance thereof.
In addition to information required to be submitted to the Code
Authority, all or any of the persons subject to this Code shall fur-
nish such statistical information as the Administrator may deem
necessary for the purposes recited in section 3(a) of said act to such
Federal and State agencies as the Administrator may designate;
nor shall anything in this Code relieve any person of any existing
obligation to furnish reports to Government agencies.






468


No individual reports shall be disclosed to any other member of
the industry or any other party except to such governmental agen-
cies as may be directed by the Administrator.
(d) To delegate to.such trade associations and other agencies as
it deems proper the carrying out of any of its activities provided for
herein,.and to pay such agencies the cost thereof, provided that such
agencies shall at all times be subject to and comply with the provi-
sions of this Code.
(e) To coordinate the administration of this Code with such other
codes, if any, as may be related to this industry, or any subdivision
thereof, with a view to promoting joint and harmonious action upon
matters of common interest.
(f) To make surveys, to compile reports, to collect statistics and
trade information, to investigate unfair trade practices, to make rec-
ommendations for fair trade practices, and otherwise assist the
Administrator in effecting the purposes of this Code and the Act.
(g) To provide ways and means for financing the operation of
said Code Authority and to determine an equitable method of appor-
tioning in the industry the cost of administering this Code.
(h) To cooperate with the Administrator in regulating the use
of the N. R. A. insignia solely by those members of the industry who
assent to and are complying with the requirements of this Code
and pay their proportionate share of the cost of administering
this Code.
(i) Subject to the approval of the Administrator to adopt, a uni-
form cost. accounting system for the industry, which when approved
by the Administrator shall be the standard cost accounting system
for the Industry and shall be substantially followed by all members
of the Industry. Provided, however, that the Code Authority sub-
ject to review and disapproval by the Administrator, may make such
exceptions, or permit such variations from such approved cost ac-
counting system as particular circumstances may necessitate.
(j) Subject to the approval of the Administrator, to prepare and
suggest a standard form of estimate and computation of prices and
form of contract. To set up credit bureaus for exchange and dis-
senination of credit information.
(k) Subject to the approval of the Administrator, to set up rules
and regulations governing methods of bidding in any trade area
which shall become effective upon receiving affirmative vote by
secret ballot of two-thirds of the members of the Industry in such
trade area.
(1) To have such other powers and duties consistent with the
Act a.s may be necessary for the complete administration of this Code.
7. Member. of the industry shall be entitled to participate in, and
share the benefits of, the activities of the Code Authority and to
participate in the selection of the members thereof by assenting to
and complying with the requirements of this Code and sustaining
their reasonable share of the expenses of its administration. Such
reasonable share of the expenses of administration shall be deter-
mined by the Code Authority, subject to review by the Administrator,
on the basis of volume of business and, or such other factors as may
be deemed equitable.





469 -


ARTICLE VII-TRADE PRACTICES
1. It shall be an unfair trade practice for any member of the indus-
try to do any of the following:
(a) To submit any bid which shall not be in writing signed by an
authorized representative of the bidder.
(b) To encourage or induce anyone to reject bids and readvertise,
in order that he may revise his original offer.
(c) To bid upon a project upon which bidsi have previously been
invited, received and opened at any time within thirty (30) days after
the date of the previous opening of bids next thereafter, except where
there is a sub-tantial change in the plans and specifications.
(d) To fail to comply with approved rules and r_'llation., set up
by the Code Authority in pursuance of Section K, Article VI.
(e) To submit a bid without specifying that he shall not be re-
quired to accept the award of a contract thirty days a ftter the date of
submission of the bid, except when the invitationl to bid expret.-ly
states otherwise.
(f) To let or underlet any contract or part thereof requirillg the
services of a laborer or mechanic in the industry unless the person
to whom the contract is let or underlet agrees to comply with all the
provisions of Articles III, IV and V of this Code.
(g) To permit to be given, or directly offer to give anything of
value for the purpose of influencing or rewarding the action of any
employee, agent, or representative of another in relation to the busi-
ness of the employer of such employee, the principal of such agent
or the repre.-entod party, without the knowledge of such employer,
principal, or party. This provision shall not be constrlied to pro-
hibit free and general distribution of articles commonly useil for
advertising, except so far as such articles are actually uedl for com-
mercial bribery as hereinabove defined.
(h) To maliciously induce or attempt to induce the breach of an
existing oral or written contract between a competitor and his cls-
tomer or source of supply, or interfering with or oltr4cting the per-
formance of any such contractual duties or services.
(i) To secretly pay or allow rebates, refunds, coilnisions, credits
or unearned discounts, whether in the form of money or otherwvi.se;
to secretly extend to any awarding authority .-,pe.ial privilee.,e or
services not extended to all awarding authorities on like terms and
conditions.
(j) To defame competitors by falely imputing to them dishonor-
able conduct, inability to perform contracts, que-,tionable credit
standing, or by other false representations or by the false disparage-
ment of the grade or quality of their service.
(k) To secure confidential information concerning the business of
a competitor by a false or misleading statement or representation, by
a false impersonation of one in authority, by bribery, or by any other
unfair method.
(1) To sell or offer for sale or exchange any service at a price
below the allowable cost of such service to the individual employer
as determined by uniform standards and principles of cost account-
ing and estimating to be set up by the Code Authority as herein
provided.






' 470


(m) To maliciously entice away the employees of competitors with
the purpose of unduly hampering, injuring or embarrassing them in
their business.
(n) 'To use violence to person or property, intimidation or unlaw-
ful coercion, by a member of the industry against a member of the
indulstltr including:
1. Any threat by a member of the industry to use such violence,
intimidation or unainwful coercion.
2. Any' conspiracy among members of the industry, or among
members of the industry and others, to use or to threaten to use
such violence, intimidation or unlawful coercion.
3. Any combining or cooperating by a member of the industry
with anyone who is using or threatening to use such violence,
intimidation or coercion.
(o) To engage in the industry without complying with the Work-
man's Compensation laws, of the state in which the operations are
carried on.
(p) Nothing in this Code shall limit the effect of any adjudication
by the Courts or holding by the Federal Trade Commission on com-
plaint, finding and order, that any practice or method is unfair,
providing that such adjudication or holding is not inconsistent with
any provisions of the Act or of this Code.
(q) There shall be no collusion between the different bidders in
the preparation of any bid.

ARTICLE VI II-MODIFICATIONS
1. This Code and all the provisions thereof are expressly made
subject to the rig-lt of the President, in accordance with the provi-
sions of subsection (b) of Section 10 of Title I of the National
Industrial Recovery Act, from time to time to cancel or modify any
order, approval, license, rule, or regulation issued under Title I of
said Act and specifically but without limitation, to the right of the
President or his authorized agent to cancel or modify his approval
of this Code or any conditions imposed by him upon his approval
thereof.
2. This Code, except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances,
.such modification to be based upon application to the Administrator
and sueih notice and hearing as he shall specify. and to become
effective on approval of the President or his duly appointed agent.

ARTICLE IX--MONOPOLIES
No provisionI of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discriminate
against small enterprises.

ARTICLE X-PRICE INCREASES
Whereas the policy of the Act to increase real purchasing power
will lie made impossible of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price






471


increases should be delayed and that, when madle, the same should,
so far as reasonably possible, be limited to actual increases in the
seller's costs.
APITICLE XI-JTRI, 1I(TrI.iN
All plerI.ns engaged in this industry shall be subject to the pro-
visions of thit code and of the approved rules and rcgIIlations i-iied
purluiiant to' its pro\'isiIIo and shall be compelled to a:llhere thereto
under such penal'ties as may be prescribed by the law.

A IT'ICLE XII-ErE TivE DATE

This Codle i-hill become effective on the tenth diay after its approval
by the President.
Appnrvt d Codlte No. "1 S.
Reg'iktry No. i6lG--1-4.




UNIVERSITY OF FLORIDA
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