Supplementary code of fair competition for the wood floor contracting industry (a division of the construction industry)...

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Material Information

Title:
Supplementary code of fair competition for the wood floor contracting industry (a division of the construction industry) as approved on May 29, 1934
Portion of title:
Wood floor contracting industry
Physical Description:
13 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:
Construction industry -- Law and legislation -- United States   ( lcsh )
Floors, Wooden   ( 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. 1616-130."
General Note:
"Approved Code No. 244--Supplement No. II."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 650540382
ocn650540382
System ID:
AA00009975:00001


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Full Text



Approved Code No. 244-Supplement No. ii Registry No. 1616-130


NATIONAL RECOVERY ADMINISTRATION




SUPPLEMENTARY
CODE OF FAIR COMPETITION
FOR THE

WOOD FLOOR

CONTRACTING INDUSTRY

(A Division of the Construction Industry)

AS APPROVED ON MAY 29, 1934


UNIV. OF FL LII.
DOCUMENTS DEPT.



U.S. DEPOSITORY


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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


Approved Code No. 244-Supplement No. 11


Registry No. 1616-130

























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
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmnin'Ih:l, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicag)o, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, 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.
Jacksonville, Fla.: Chamber of Commerce Building.
Kaunaa- City, Mo.: 1028 Baltimore Avenue.
Los Angele., Calif.: 1163 South Broadway.
Lonisville. Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Miuneapolis. Minn.: 213 Federal Building.
New Orlenn-. La.: Room 225-A, Customhouse.
Neiv York, N.Y.: 734 Customhouse.
Norfi; k. Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portlnd., Oreg.: 215 New.Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wasl.: 809 Federal Office Building.








Approved Code No. 244, Supplement No. 11


SUPPLEMENTARY
CODE OF FAIR COMPETITION
FOR THE
WOOD FLOOR CONTRACTING INDUSTRY

As Approved on May 29, 1934


ORDER
APPROVING CODE OF FAIR COMPETITION FOR THE WOOD FLOOR CON-
TRACTING 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, and pursuant to and in full
compliance with the provisions of Section 5 of Article VIII of
Chapter I of the Code of Fair Competition for the Construction
Industry, approved January 31, 1934, for approval of Chapter
XII of said Code, which Chapter XII is applicable to the Wood
Floor Contracting Division of the Construction Industry, and hear-
ings having been held thereon and the annexed report on said Code,
containing findings with respect thereto, having been made and di-
rected 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 an-
nexed report and do find that said Chapter complies in all respects
with the pertinent provisions and will promote the policy and
purposes of said Title of said Act; and do hereby order that said
Chapter XII be and it is hereby approved and that the previous
approval of said Code of Fair Competition for the Construction
Industry is hereby modified to include an approval of said Code
in its entirety as supplemented by said Chapter XII, provided,
however, that the following sentence be and it is hereby inserted
at the end of Rule 1 of Article V:
It shall be a defense to any charge of violation of this Rule if
the party charged shall satisfy the Administrator that his bid
was not less than the reasonable estimate of said costs of any other
member of the industry."
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
GEO. L. BERRY,
Division Administrator.
WASHINGTON, D.C.,
May 29, 1934.
64005--657-3----34 (ti













REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
;Si:.This is a report on the Wood Floor Contracting Chapter of
the Code of Fair Competition for the Construction Industry which
is described as Chapter I and which was approved by you on January
31, 1934.
This Chapter is a revision after a public hearing conducted in
Washington on December 28, 1933, in accordance with the provisions
of the National Industrial Recovery Act. This Chapter amplifies
Chapter I, but applies specifically to the Wood Floor Contracting
Division of the Conutruction Industry.

'R. uVISIUNS FOR HOURS AND WAGES

With very minor exceptions, the hours and wages set. forth in
Chapter I of the Construction Code as approved by you on January
31, 1934 are applicable to this Code.

ECONUtMItC EFFECT OF THE CODE

No official or other authentic data are available to show the ap-
proximate amount of business done by members of this Division.
Estiiimates indicate that approximately 12,000 employees were en-
gaged in the Industry in 1933.
It is reasonable to predict that the establishment of uniform rates
of play, uniform hours of work, improved conditions of employment
and the prohibition of unfair trade practices will be beneficial to
all rinemilers of this Industry as well as to the employees and the
consl Ilier.
FINDINGS

The Deputy Administrator in his final report to me on said Wood
Floor Contracting Chapter of the Code of Fair Competition for the
Con4triiction Indllutry, having found as herein set forth and on the
basis of all the proceedings in this matter;
I find that:
(a) Said Wood Floor Contracting Chapter and said Code of Fair
Competit in for the Construction Industry, as supplemented by said
Wood Floor Contracting Chapter, are well designed to promote the
piilicies and purposes 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 amount thereof
and will provide for the general welfare by promoting the organiza-
tion of indusl'try for the purpose of cooperative action among the
trade groups, by inducing and maintaining united action of labor
(2)








and management under adequate governmental sanctions and super-
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 in-
dustrial 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 50,000 em-
ployees; and is not classified by me as a major industry.
(c) Said Wood Floor Contracting Chapter and the Code of Fair
Competition for the Construction Industry, as supplemented by said
Wood Floor Contracting Chapter, as approved comply in all respects
with the pertinent provisions of said Title of said Act, including
without limitation Subsection (a) of Section 3, Subsection (a) of
Section 7, and Subsection (b) of Section 10 thereof; and that the
applicant association is an industrial association truly representative
of the aforesaid Industry; and that said Association imposes no
inequitable restrictions on admission to membership therein.
(d) Said Wood Floor Contracting Chapter and the Code of Fair
Competition for the Construction Industry, as supplemented by said
Wood Floor Contracting Chapter are not designed to and will not
permit monopolies or monopolistic practices.
(e) Said Wood Floor Contracting Chapter and the Code of Fair
Competition for the Construction Industry, as supplemented by said
Wood Floor Contracting Chapter, are not designed to and will not
eliminate or oppress small enterprises and will not operate to dis-
criminate 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 Wood
Floor Contracting Chapter and of said Code, as supplemented by
this Wood Floor Contracting Chapter thereof.
For these reasons, therefore, I have approved said Wood Floor
Contracting Chapter of the Code of Fair Competition of the Con-
struction Industry.
Respectfully,
HUGH S. JOHNSON,
Administrator.
MAY 29, 1934.











CHAPTER XII. SUPPLEMENTARY CODE OF FAIR COM-
PETITION FOR THE WOOD FLOOR CONTRACTING
DIVISION OF THE CONSTRUCTION INDUSTRY
ARTICLE I-REFERENCE TO PROVISIONS OF CHAPTER I
The provisions of Sections 7 (a) and 10 (b) of the Act, which are
set forth in Sections 1 and 6 respectively of Article VIII of Chapter
I of this Code, are specifically incorporated herein by reference with
the same force and effect as if set forth herein in full: all other pro-
visions of Chapter I of this Code including modifications or amend-
ments thereto, except as herein provided, apply within this Division
with the same force and effect as if set forth herein in full.

ARTICLE II-DEFINITIONS
SECTION 1. The term Wood Floor Contracting Division or this
Division" is defined to mean the business of contracting for, and
laying wood flooring including preparatory work, scraping, and
sanding and otherwise surfacing of wood flooring and also including
the fiirni..hing of any or all wood flooring or other materials inci-
dental to such work, but shall not include any of the foregoing when
executed under the. General Contractor's Division of this Code of
Fair Competition for the Construction Industry. Members of this
Divi.sion shall have the right to contract for and execute wood floor
fini-hing work without limitation and when executing such work the
Mcnbers of this Division shall work under and comply with the
provisions of the Painting, Paperhanging and Decorating Chapter
of the Construction Industry Code.
SNothing in the definition of this Division shall in any way~ be
construed as affecting the classification of labor employed under this
Chapter of this Code.
SECTION 2. The term "Member of this Division" includes, but
without limitation, any individual, firm, partnership, corporation,
as-.'iition or other form of enterprise engaged in work within
this Division.
Ser(TION 3. The term "bidder as used herein is defined to mean
and include anyone who submits bids, proposals, or quotations in
conilpetitive bidding.
SECTION 4. The term "Association" as used herein is defined to
mean the Corporation known as the National Wood Flooring
Contractors Association."
ARTICLE III-HoURS, WAGES AND CONDITIONS OF EMPLOYMENT
SECTION 1. The provisions of sub-paragraph B of Section 2 of
Article III of Chapter I of this Code shall not apply to:
(a) Employees engaged in an executive, administrative and super-
visory capacity, receiving in excess of thirty-five dollars ($35.00)








per week. Supervisory employees are defined as those who perform
no manual labor.
(b) Employees engaged in emergency work upon breakdowns or
for the protection of life or property, who shall be paid at least
one and one half (1/2) times the normal rate for all hours worked
in excess of the daily and/or weekly maxima established in this Code.
(c) Truck drivers, who shall not be permitted to work in excess
of forty (40) hours, nor six (6) days in any week.
(d) Watchmen who shall not be permitted to work in excess of
fifty-six (56) hours, nor six (6) days in any week.
SECTION 2. No employee shall be permitted to work more than
six (6) days in any seven (7) day period.
SECTION 3. Evasion Through Reemployment.-No employee now
employed at a rate in excess of the minimum herein established shall
be discharged and reemployed at a lower rate for the purpose of
evading the provisions of this Code.
SECTION 4. Transportation.-Members of this Division shall make
payment of all legitimate expenses incident to transportation, board
and room incurred by an employee while traveling to and from the
site of regular employment, when such site is outside of a recognized
working area.
SECIrON 5. Members Performing Work.-Members of this Divi-
sion who personally perform manual work or are engaged in mechan-
ical operations shall not exceed the maxima as to hours and days
prescribed herein for the work performed by them.
SECTION 6. Complaint.-No employee shall be dismissed for mak-
ing a complaint or giving evidence with respect to an alleged
violation of this Code.
SEcTION 7. Posting.-All members of this Division shall post
and keep posted in conspicuous places readily accessible to all em-
ployees in their respective shops and other established places of
business complete copies of Chapter I, General Provisions for the
Construction Industry, and of this Chapter of this Code, together
with the name and address of the nearest official place where Code
violations may be reported.
SECTION 8. Standards for Safety and Health.-Each Member of
this Division shall provide for the safety and health of his employees
at the place and during the hours of their employment. Standards
for safety and health shall be submitted by the Divisional Code
Authority to the Administrator within six (6) months after the
effective date of this Chapter. After approval, such standards shall
become the minimum standards of safety and health for all members
of this Division.
SECTION 9. Payment of Wages.-All members of this Division
shall make payment of all wages due in lawful currency or by nego-
tiable check therefore payable on demand at par. If wages are paid
by check, the employer shall provide reasonably accessible facilities
for cashing such checks at face value without expense to the em-
ployee. Employers shall also provide such identification as is
necessary to utilize such facilities.
Wages shall be payable at the end of each weekly period, and shall
be exempt from any payment or deduction for pensions, insurance
or sick benefits except such as is voluntarily paid or authorized to








be deducted by employees. Employers or their agents shall not
accept, directly or indirectly, rebates on such wages or give anything
of value nor extend any favors to any person for the purpose of
influencing rates of wages or working conditions of their employees.
The provisions of this Section regarding payment of wages at the
end of each weekly period shall not apply to persons employed in
executive, administrative and supervisory capacity who earn in
excess of thirty-five dollars ($35.00) per week, nor to persons em-
ployed in clerical or office work. The wages for persons employed
in clerical or office work shall be payable at least semi-monthly.
SECTION 10. H(rn;lcaiped Persons.-A person whose earning
capacity is limited because of age or physical or mental handicap
or other infirmity may be employed on light work at a wage below
the minimum established by this Code if the employer obtains from
the State Authority designated by the United States Department of
Labor a certificate authorizing his employment at such wages and
for such hours as shall be toated in the certificate. Each employer
shall file monthly with the Divisional Code Authority a list of all
such persons employed by him, showing the wages paid to, and the
maximum hours of work for, all such persons.

ARTICLE IV-A DMINISTI;ATION AND ORGANIZATION OF THE DIVISIONAL
CODE ATTrHOITY
SECTION 1. A Divisional Code Authority is hereby constituted to
admiinister this Code within this Division.
SECTION 2. The Divisional Code Authority shall consist of nine
(9) members all of whom shall have assented to this Code, to be
selected as follows:
(a) Members of the Association shall elect six (6) members of
the Divisional Code Authority from members of the Association by
majority vote of the said members to serve for a term of one year
or until their successors are elected. The Association is hereby des-
ignated as the agency to conduct the initial election of the Associa-
tion members of the Divisional Code Authority within thirty (30)
days after the effective date of this Chapter and any other election
of Association members of the Divisional Code Authority which
may thereafter be held. Notice of the time and place of regular
elections shall be sent to all members of the Association and to the
Administrator at least forty (40) days in advance of such election,
except that the initial election above referred to may be held on
ten (10) days' notice. Voting at all elections may be in person,
or by proxy or letter ballot and each member of the Association
shall be entitled to one vote for each membership to be filled. In
the event of any vacancy in the Association membership of the
Divisional Code Authority, a special meeting of the members of
the Association shall be called to elect a member of the Divisional
Code Authority to serve for the unexpired portion of the term of
the member of the Divisional Code Authority whom he is succeed-
ing. Such election shall be called within twenty (20) days after
such vacancy occurs.
(b) The Administrator shall appoint three (3) members of the
Divisional Code Authority from and to represent the members of








this Division who are not members of the Association to serve for a
term of one (1) year. At such time, or should a vacancy occur in
the non-member representation of the Divisional Code Authority,
the members of this Division who are not members of the Associa-
tion may select their own members of the Divisional Code Authority,
which successors and the method of their selection shall be approved
by the Administrator. If the members of the Division who are not
members of the Association do not select such successors, as above
provided, the Administrator shall appoint them. Any member of
the Divisional Code Authority selected from and to represent, mem-
bers of this Division who are not members of the Association shall
automatically disqualify himself from further holding such office
by joining the Association, and his membership in the Divisional
Code Authorty shall therefore become vacant.
SEcTIoN 3. The Administration members, the Construction Code
Authority and the Administrator shall be given at least five (5)
days' notice of, and may sit at, all meetings of the Divisional Code
Authority.
SECTION 4. Each Trade or Industrial Association directly or indi-
rectly participating in the selection or activities of the Divisional
Code Authority shall impose no inequitable restrictions on member-
ship.
SECTION 5. 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 neces-
sary to support such budget shall be contributed by members of this
Division.
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable
contributions 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 6. Only members of this Division complying with this
Code and contributing to the expenses of the administration of this
Chapter as provided in Section 5 of this Article shall be entitled
to participate in the selection of the members of the Divisional Code
Authority or to receive the benefit of its voluntary activities or to
make use of any emblem or insignia of the National Recovery
Administration.
SECTION 7. Powers and Dutics.-Subject to such rules and regu-
lations as may be issued by the Administrator, the Divisional Code
Authority shall have the powers and duties as are conferred by








Subdivision B of Article IV of Chapter I of this Code and also
shall have the following powers and duties:
(a) To provide for the execution of the provisions of this Code
and provide for the compliance of the Industry with the provisions
of the Act.
(b) To cooperate with the Administrator in regulating the use of
any N.R.A. insignia solely by those members of this Division who
have assented to, and are complying with, this Code.
(c) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of this Division in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning, including stabiliza-
tion of employment.
(d) To use the Association and other agencies as it deems proper
for the carrying out of any of its activities provided for herein,
provided that nothing herein shall relieve the Code Authority of its
duties or responsibilities under this Code and that such Association
and agencies shall at all times be subject to and comply with the
provisions hereof.
(e) To cause to be formulated an accounting system and methods
of cost finding and/or estimating capable of use by all members of
this Division. After such system and methods have been formulated
by the Divisional Code Authority and approved by the Adminis-
trator, full details and instructions concerning them shall be made
available to all members. Thereafter all members shall determine
and/or estimate costs in accordance with the principles of such
methods.
(f) To appoint a trade practice committee which shall meet with
the trade practice committees appointed under such other codes as
may be related to the Industry for the purpose of formulating fair
trade practices to govern the relationship between employers under
this Chapter and employers under such other codes, to the end
that such fair trade practices may be proposed to the Administrator
as amendments to this Chapter and such other codes.
(g) In compliance with the provisions of Section 1 of Subdivi-
sion A of Article IV of Chapter I, to select one of its members as a
member of the Construction Code Authority. Such member shall be
elected for a term of one (1) year or until his successor shall have
been elected and qualified. The election shall be held upon proper
notice to every member of the Divisional Code Authority, and each
of such members shall be entitled to one vote. In order for any
candidate to be elected, seven (7) of the nine (9) members of the
Divisional Code Authority shall have voted for his election.
ARTICLE V-TRADE PRACTICE RULES
General Definition.-For all purposes of the Code the acts de-
scribed in this Article shall constitute unfair practices. Any member
of this Division who shall directly, or indirectly through any officer,
employee, agent or representative, use, employ, or permit to be em-
ployed, any of such unfair practices shall be guilty of a violation
of the Code.








RULE 1. Bidding Below Cost.-No member of this Division shall
submit bids on goods or services at a price which is below the reason-
able estimate of the sum of the following items of cost:
1. Materials
2. Labor
3. Job Expense
4. General Overhead
The labor item of cost shall include, in respect to labor services or
operations performed by any individual member of this Division,
or any combination or association of such individual members, a
charge computed at not less than the minimum rate of wage estab-
lished in or pursuant to this Code as applicable to the performance
of such services or operations by employees.
Job expense shall include all costs which can properly be charged
directly to individual jobs such as transportation and delivery of
materials, men and equipment; coplpensation and public liability in-
surance; code administration expenses chargeable to the job; and an
appropriate allowance for the depreciation of equipment used di-
rectly on the job.
General Overhead.-Within ninety (90) days after its recognition,
the Divisional Code Authority shall determine the lowest reasonable
percentage of overhead costs during the period from 1927 to 1932,
which percentage, after approval by the Administrator, shall be used
in the formula specified above. It shall not include profit, account-
ing losses, selling and administration expense, depreciation on unused
equipment, any return on invested capital, or interest on borrowed
money. Until such time as this percentage of overhead be deter-
mined, it, shall be assumed at ten percent (10%o) of labor, material
and job expense.1
RULE 2. Collusion..-Section 9 of Article VII of Chapter I of this
Code is specifically incorporated by reference with the same force and
effect as if set forth in full in this Chapter, and nothing contained
in this Chapter shall nullify, change, or affect the application of
said Section to this Division.
RULE 3. Inaccurate Adverti.ting.-No member of this Division
shall publish advertising (whether printed, radio, display or of any
other nature), which is misleading or inaccurate in any material par-
ticular, nor shall any member in any way misrepresent any goods
(including but without limitation its use, trade-mark, grade, quality,
quantity, origin, size, substance, character, nature, finish, material,
content or preparation) or credit terms, values, policies, services, or
the nature or form of the business conducted.
RULE 4. Fal8s Billing.-No member of this Division shall know-
ingly withhold from or insert, in any quotation or invoice any
statement that makes it inaccurate in any material particular.
RULE 5. Inaccurate Labelling.-No member of this Division shall
brand or mark or pack any goods in any manner which is intended
to or does deceive or mislead purchasers with respect to tle brand,
grade, quality, quantity, origin, size, substance, character, nature,
finish, material, content or preparation of such goods.
'Add the following sentence: It shall be n defense to any chnrge of violation of this
Rule if the party charged shall satisfy the Administrator that his bid w:ia not less tlan
the reasonable estimate of said costs of any other number of the industry." See para-
graph 2 of order approving this Code.








RuLE 6. Inaccurate References to Competitors, etc.-No member
of this Division shall publish advertising which refers inaccurately
in any material particular to any competitors or their goods, prices,
values, credit terms, policies or services.
RULE 7. Threats of Law Suits.-No member of this Division shall
publish or circulate unjustified or unwarranted threats of legal pro-
ceedings which tend to or have the effect of harassing competitors or
intimidating their customers.
RULE 8. Secret Rebates.-No member of this Division shall secretly
offer or make any payment or allowance of a rebate, refund, com-
mission, credit, unearned discount or excess allowance, whether in the
form of money or otherwise; nor shall a member of this Division
offer or extend to any customer any special service or privilege not
extended to all customers of the same class, for the purpose of
influencing a sale.
RULE 9. Commercial Bribery.-No member of this Division shall
give, permit to be given or 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 business of the
employer of such employee, the principal of such agent or the -repre-
sented party, without the knowledge of such employer, principal or
party. This provision shall not be construed to prohibit free and
general distribution of articles commonly used for advertising except
so far as such articles are actually used for commercial bribery as
hereinabove defined.
RULE 10. Interference with Contracts.-No member of this Divi-
sion shall wilfully induce or attempt to induce the breach of an
existing contract between a competitor and his customer or source of
supply by any false or deceptive means, nor shall any such member
interfere with or obstruct the performance of duties or services under
such contracts, with the purpose and effect of hampering, injuring,
or embarrassing competitors in their business.
RULE 11. No member of this Division shall sell or offer to sell any
product of the industry by any false means or device which has the
tendency and capacity to mislead or deceive customers or prospective
customers as to quantity, quality, substance or size of such product.
RULE 12. Substitution.-No member of this Division shall use or
substitute any products of this Division inferior in grade or quality,
less in quantity, and/or of a different design or type, for those
specified by the purchasers, without the consent of the purchasers to
such uses or substitutions.
RULE 13. No member of this Division shall combine quotations
for any product or service within this Division with any quotation
for any other products or service for the purpose and with the
effect of concealing the true selling price of the products or service
within this Division.
RuLE 14. No member of this Division shall combine the require-
ments for the products of this Division for two or more distinct and
separate projects in one quotation to the same purchaser for the pur-
pose and with the effect of concealing the true selling price for the
products of any or all of such projects. Under this Section a project
shall be considered distinct and separate from another project unless
constructed on the same site and the awarding authority, including








the owner and his agents (including the Architect and the engineer),
are the same entities.
RULE 15. No member of this Division shall directly or indirectly
sublet to any employee or laborer the labor services required by any
contract secured by such member.
RULE 16. No member of this Division shall submit an estimated
price on any job or submit a bill for his services without, retaining
an adequate record showing the cost analysis upon which his esti-
mate was based or his charges determined.
RULE 17. No member of this Division shall render the following
services, not expressly stated in the contract or specifications, without
charging for them:
(a) Service rendered in connection with the placing of the sub-
base or foundation flooring in proper condition to receive the fin-
ished flooring or in obtaining free and clear working space.
(b) Services required as a result of the failure of the purchaser
to so arrange the progress of the operation as to permit one contin-
uous uninterrupted installation, or as a result of failure of pur-
chaser to provide electrical power and light when neces-ary.
(c) Services required as a result of failure of purchaser to pro-
vide free use of elevator, hoist and operator when necessary.
(d) Costs incurred for insurance of materials delivered to or in-
stalled in the premises.
RULE 18. No member of this Division shall submit a competitive
bid as defined in Section 1 of Article VII of Chapter I of this Code,
to an owner or any other person corresponding to an awarding au-
thority as therein defined, unless such owner or other person agrees
to comply with t.he regulations provided in this Code governing an
awarding authority.
RULE 19. Other Unfair Trade Practices.-Nothing in this Code
shall limit the effect. of any adjudication by the Courts or holding by
the Federal Trade Commission on complaint, finding, and order, that
any practice or method is unfair, providing that such adjudication
or holding is not. inconsistent with any provision of the Act or of
this Code.
ARTICLE VI-FILING OF BDS

SECTION 1. Each member of this Division shall file with one of
the independent agencies designated by the Divisional Code Au-
thority, or the local administrative committee, a signed, true copy
of every bid in excess of five hundred dollars ($500.00), including
all alternates and revisions thereto, submitted in connection with all
competitive bidding as required by the awarding authority; or such
lesser sum as may be determined by the Divisional Code Authority
for local regions or areas. Copies of bids shall not be opened until
twenty-four (24) hours after the time specified by the awarding
authority for the receipt of such bids.
SECTION 2. The independent agency shall tabulate all bids, to-
gether with details of the awarding of the contract, all of which shall
be kept confidential, except that within three (3) days after the
award of the contract to the successful bidder, each bidder shall be
sent a copy of the tabulation of the amounts of the bids only.








Each bidder shall pay his equitable, proportionate share of the
cost of handling, tabulating and distributing such information but in
no case shall the charge be more than one dollar ($1.00) for each
bid submitted.
SECTION 3. Upon the complaint of a bidder, the Divisional Code
Authority or any local administrative committee appointed by it,
shall elect a Committee of Review composed of not more than three
qualified persons who were not bidders on the particular job to be
reviewed, one of whom, if possible, shall not be a member of the
Association. This committee shall be directed to make such investi-
gations as will enable it to determine whether this Code of Fair
Competition has been violated in the bidding on the job in question.
In the event the Committee of Review shall find that any such vio-
lation has occurred, their findings on the violation, together with a
summary of the facts upon which they are based, shall be reported
to the local administrative committee or the Divisional Code Author-
ity for such action as may be appropriate.
ARTICLE VII-MODIFICATION

Subject to the provisions of Sub-paragraph (c) of Section 2 of
Subdivision B of Article IV of Chapter I of this Code, the pro-
visions of this Chapter, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, such modifications to be based upon application to the Ad-
ministrator and such notice and hearing as he shall specify, and to
become effective on his approval.
ARTICLE VIII-PRICE INCREASES

Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price" in-
creases except such as may be required to meet individual cost should
be delayed, but when made such increases should, so far as possi-
ble, be limited to actual additional increases in the seller's costs.
ARTICLE IX-REGISTRATION OF MEMBERS OF THE DIVISION

Each member of this Division within thirty (30) days after the
effective date of this Chapter, shall register with the Divisional
Code Authority. All members of this Division who may engage in
the Wood Floor Contracting Division thereafter shall likewise reg-
ister with the Divisional Code Authority. Registration of a member
of this Division shall include the full name and mailing address of
the member. An application may be made by the Divisional Code
Authority to the Administrator for an extension of the time limit
for the registration by any member of this Division if it appears
that the time limit as provided herein might cause injustice or undue
hardship to any member of this Division.








ARTICLE X-REVIEW OF ACTS OF DIVISIONAL CUDE AUTHORITY

If the Administrator shall determine that any action of the Divi-
sional Code Authority or any agency thereof may be or is unfair
or unjust or contrary to the public interest, the Administrator may
require that such action be suspended to afford an opportunity for
investigation of the merits of such action and further consideration
by the Divisional Code Authority or agency pending final action
which shall not be effective unless the Admini;strator approves or
unless he shall fail to disapprove after thirty days' notice to him of
intention to proceed with such action in its original or modified form.

ARTICLE XI-EFFECTI\v DATE

This Chapter shall become effective on the thirtieth (30th) day
after its approval by the President.
Approved Code No. 244, Sulillemetit No. 11.
Registry No. 1616-130.




UNIVERSITY OF FLORIDA
3 1262 0885II0I IIll8IAI9lI IIllIllIII
3 1262 08850 2819




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