Citation
Amendment to code of fair competition for the construction industry as approved on May 9, 1935

Material Information

Title:
Amendment to code of fair competition for the construction industry as approved on May 9, 1935
Portion of title:
Construction industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C.
Publisher:
U.S. G.P.O.
Publication Date:
Language:
English
Physical Description:
4 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Construction industry -- United States ( lcsh )
Construction industry -- Law and legislation -- 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. 1616-2-31."
General Note:
"Approved Code No. 244--Amendment No. 8."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004930184 ( ALEPH )
643295939 ( OCLC )

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Full Text






NATIONlrAL REC OVERY ADMI NIS TRATION




AMIENDMVENT TO

CODE OF FAIR COMPETITION

FOR THE

CONSTRUCTION INDUSTRY


UNIV. OF- FL UB.





US. DEPOM~TOW1
'I


For sale by the Supn(erentenetof Documents, Washington, D. C. Price center


Approved Code No. 244--Amendment No. 8


Registry No. 1616-2-31


AS APPROVED ON MAY 9, 1935


WE DO OUJR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


























Thris pub)lication Is for sale by the .Superintendent of Documents. Government
Prinlting~ Olfirce, Wanshington, D. c.., and by thle follow~ing N. R. A. offices:

A(Inantn, On.: 025i Citizens & Souiitherl n Ntionall Bank Buildling.
Ba;ltimolcre. Ald1.: 130 CuIstomhlouse.

Bo~stonl, Mass~. : f~cloom 1200. 80) F.ederlC'I Street.
Buffalo, N'. Y. : 210 Whitle Buildliing.
Cliengo, Ill.: Itoom 2(H1, 400li Nor1th Rbclieigan Avecnue.
C'levelalnd, Ohiio. : 520r Bulklyc~ Buildling.
Dallas7?, Tex.: 1212 Republie Bankll Buildin~..
Det~roit, MiChI.: 415 Nuew Fedelrall Bulildlingb.
HEouston, Tex.: 4103 Mrilam Buildling.
Jackisonville, Flin.: t20 Unitedt States CoLurthLouse and Post Office
Duildling.
Los A-ngeles, Ca:li f.: 751 Figueron Street, Soulth.
Louisville, Ky. : 4108 Fedral B~ulding.
M~inneapolis, Milnn.: El00 Roanoke Buildlinar.
N;1hvi~ille Tenn.: 415 Cotton States Buiblingr.
PiNeark;, N, J.: 434 Indlustrial Office Buildling, 1600 Broad Street.
Ncv~ Orlenns, ILa.: 214 Culstombouse.
New~ York, N. 1Y.: 45 Brondwawy.
Oklahomail: City, Ok;ln.: 427 C"ommerce ExchangFe Building.
Phin~ladlhiai Pa.: 938 Commercial Trust Building. -
Pittsburghb. Pa. :401 Law~ andlr Finance- Buildingr.
Portland, O~(~re.: 407 Parkr Bulhling.
Providence, R. I.: N~uational Exclhangie Bank B~uildling, 17 Exchange
Street.
St. L~ouis, Mo.: Suite 1220, 506 Olive Street.
San F1nranesco, Calif.: Humbolt Bnk1~l Buildling, 785 Mlarket Street.
Seattle, WaVsh.: 17i30 Exchalnue Bulildingr.













Approved Code No. 244--Amendment N'o. 8


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

CONSTRUCTION INDUSTRY

As Approved on May 9, 1935


ORDER

APPROVING AMENDMENT OF ClODE OF FAIR COMPETITION FOR THE
CONSTRUCTION INDUSTRY
An application having been duly made pursuant to and in fuill
compliance with the provisions of Title I of the: National Industrial
Recovery Act, approved June 16, 1933, for approval of amendments
to a Code of Fair Competition for the Const~ruction Industry, andl
an opportunity to be heard having been duly afforded to all inter-
ested parties and t.he annnexed report on saidl amendments contain-
ing findings with respect thereto, having been made and directed to
the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it byI Execut~ive Orders of the President, including
Executive Order No. 6859, dated September 27ith, 1934, and other-
wise; does hereby incorporate, by reference, said annexed report
and does find that said amendments and the Code as constituted after
being amended comply in all respects with the pertinent provisions
and will promote the policy and purposes of said Title of said Act,
and does hereby order that said amendments be andthyare hereby
approved, and that t~he previous approval of said Coeis hereby
amended to include an approval of said Code in its entirety as
amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W~. A. HAnRIm~AN, Administrative Officer.
Approval recommended:
RotOT N. CAMIPBELL,
Acting Di~viion Administrator.
ABSHINGTON, D. C.,
May 9, 1935.


184944' "1844-21 35













REPORCIT TO0 TIHE PREI:SIDEN1TT


Th"1e PursintI:slr,
The Wh'lite Hozrse.
SmI: This is a repor''lt '-'verlingb three amlc~llendmnt to thle Code
of Fairnl Compelcttition for the Conxltruction Industry as appr'oved
by yout on Janua;i~ry3 al, 193. Th~e amndmentlllns hiave been duly
sulbmlitted by- thle nationall C~ode Aulthority onr behanlf of the In-
dustry., All thiose initereslted hav-e had nmp~le oppor~tunity to file
objec~tionsi. and no such objections have b~eenI received.
Th~le effect of thte nmendme~llllnt to Section 5 of Ar~ticle III1 is to
p~ermnit the ap~poinltmelnt of an ulnpartial chlairma~n of the Regional
Planning; and Ad'justmentll BoardC, such an implartfial chairman now
bcinlg pr1ohibited. .The effect of the amenldmncl tt to Section 1. of
~Article III is to remlove the present r~estriction that all local re-
gional boardts shall b~e limiited~ to tweo memlber~s representing emn-
p~tlayer~ andl two represenPltingu employees, and to permit such equal
number of r~epresentatives of both emplloyers~ andl employees as
may be dleemledl adv~isblc. The effect of thre secondl amendment
to Scctioln 1 of Article III is to permit joint mlutulal collective bar-
gamingil agreemecnts between t w-o or more divisions or subdivisions.
The ActingF Depurty AIdminiisttoratr in hiis finall report to the
JNational Indtustriai l Re~over1y Board on saidl amneindments to saidl
Code, having foundli as herein set forth and on the basis of the
proceedings in this maltter:
It findsl~ thnt:
(a) Thle amiendmentsn~ to said Code and the Codle as amended
are well desiged~' to prom~ote the policies and p~urpose~s of Title I:
of the plNationni Indus~trial Recovery Alct inlllcuding thle removal
of obstrulctions to t~he frece flow of inters~tate andt foreign commerce
whichl tenld to dimiishiil the amon011t ther~eofI and wvill provide for
the geicne \rallfare by pr~omoting the organization of industry for
the purpose" of cooperat''e ivent~ionl of labor andc managementn under
ntlequalte g~ovelrnmentaln un1ctionl and supern\'Sionl, b>y chmmatmng
unfirif~i compelft'itive~ pract'iC'cs, by prlomloting the fullest possible uti-
lization of thc p~resenlt productive capacity of indus~~tr~ie, by avloid-
ing~ unduell res~triction of ,r~od uct ion (except as mayn~ be temporarily
requillre), by ilc~reasingb the consumpt~llploio of indulstrial and agrri-
('IultI;1 ual poduICtS throught~l inl.LCreasing: purlchasjing power, by reduc-

and1I by o~therw\ise~ rehal~bilitating~ industry.
(b) Th)e Codhe as nmendeac~l c~omplies in all respects with the
pert'inentl poisol.jn~l orf Said Tritle of said Act, including without
limitationi Hubmee~lctinnr (a) of Secltion 3, Subweetlon (at) of Section
7i and Sahlf.sec(tionl (b) of Section 10 th~ereof.
(c) Thc ('od~e cemplowecrs the C'ode Aulthority to present the afore-









(d) The Code as: amended is not designed to and will not, permit
monopolies or monopolistic practices.
(e) The amendments and the Code as amnended are not designed
to and wvill not. eliminate or oppress small enterprises and will not
operate to discriminate. against t~hem.
(f) Those engaged in other steps of the economic process hlave
not been deprived of the right to be heard ~prior to approval of said
amendment.
For these reasons, therefore, the National Industrial Recovery
Board has approved these amendments to th-e Code of Fair Com-
petition for the Construction Industry.
For the National Industri~al Recovery Board:
W. A. H~anmnarN,
MAY 9 193. Adinisraivefl~~ Olf)cer.









A1\fENDM~ENT TCO coDE~ OF FAIR COMPETITION FOR
THEIii CONSl'TRUrC TIO N INDUSTRYY

Amlend Article III by addinilg to the end of the first paragraph
of Section 1 of Article III thle following:
Nothing herein contained shall be construed to prevent truly
representative associations or groups of emrployer~s and employees
respectively concerned in. two or more divisionis or subdivisions of
the industry by mutual consent from enter~ingi into a joint mutual
agreementn'
Amlend Ar~ticle II1I by dleletingr the second sentence of thfe third
paragraph of Section 1, Article III, reading as follows:
EZ1ach such Board shall consist of two representatives each of
employers and employees of the division or subdivision affected,
selected by thie Administrator from nominations made by such
employers and employees respectively in such manner as thLe Admin-
istrator mayS approve or prescribe, and an impartial chnaiarma named
by the Admini trator from nominations made. by the employer and
employee representatives selected to th~e Board.)"
and subs~ti~ltutngr therefor t~he followingr:
Eachl such. Board shall consist of an equal number of repre-
sentatives each of employers and employees of the division or sub-
division affected, selected by the National Indlustria~l Recovery lBoard
from. nomninations made by such employers and employees respec-
tively in. such mnannler as thet Nlrationral Industrial Recovery Board
mnay approve or prescribe, and an impartial chairman named by the
Natioinal Industrial Recoveryr Board from nomiinations made by the
emnployer and employee representatives selected to the Board."
Am~end Ar~lticle III by deleting the first sentence of the fourth
par~agraph. of Sectionl 5 of Article I[II reading as follows:
Te Nliational Construction Plannling and ALldjustment Board
shall have the authority, and upon its own motion shall establish
in properly defined areas, Regional Construction Planning and
Adjustment Boards, and said Boards shall be composed of an
equal number of members from employer groups and employee
groups, andi it is further provided tha~t there shall be no
dlisinterestedl or impartial chairman of said Regional Boards, it
being p~rovidedl that such Boards shall select from their members
a chlairmann and a secretary."'
and Pubstituting therefor the followCing:
TLhe National Construction P~lanning and Adjustment Board
shall have the authority, and upon its own motion shall
establish in properly defined areas, Regional Construction Planning
and A~djustmnent Boards, and said Boards shall be composed of an
equal number of members each from employer and employee groups
and an impartial chairman."
Approved Code No. 244---Amendment No, 8.
Registry No. 1616--2-31.
O)















































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Approved Code No. 244-Amendment No. 8 Registry No. 1616-2-31 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE CONSTRUCTION INDUSTRY AS APPROVED ON MAY 9, 1935 WE DO OUR PART .. _ ... -0 --A-- • . , , .. ___ _.. U. 3 . DEPOMTOII UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1935 For sale by the Superintendent of Documents, WuhiDlitton, D. C. -------Price 5 cents v

PAGE 2

This publication i. for sale by th uperintcndent of D cumenL, Govcrnm nt ffic , \\a hinoton, D. ., antl by th foll owing N. R A. ill s: Atlantn, Ga.: G:...5 itizcn l' • • nlll rn 'ntionnl Bank Buil t. Buffal , N. Y.: 210 White Builtlinie treet. San Fran i co 'a !if. : Humb lt Bank Builling, 7 5 :Mark t trc t. S attle, \\a b.: 173 0 Exehano-Building.

PAGE 3

Approved Code No. 244-Amendment No. 8 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE C ONSTRUCTION INDUSTRY As Approved on May 9, 1935 ORDER APPROVING AMENDMENT OF CoDE OF FAIR CoMPETITION FOR 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 amendments to a Code of Fair Competition for the Construction Industry, and an opportunity to be heard having been duly afforded to all interested parties and the annexed report on said amendments containing findings with respect thereto, having been made and directed to the President: NOW, THEREFORE, on behalf of the President of the United States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including Executive Order No. 6859, dated September 27th, 1934, and other wise; does hereby incorporate, by reference, said annexed report and does find that said amendments and the Code as constituted after being amended comply in all respects with the pertinent provisions and will promote the policy and purposes of said Title of said Act, and does hereby order that said amendments be and they are hereby approved, and that the previous approval of said Code is hereby amended to include an approval of said Code in its entirety as amended. NATIONAL INDUSTRIAL REcOVERY BoARD, By W. A. HARRIMAN, Administrative Offic er . Approval recommended : RonT. N. CAMPBELL, Acting Division Administrator. wASHINGTON, D. c., May 9,1935. 184944----1844-21----35 (1)

PAGE 4

Th p .ESfi)E ... TT, T/1 1rh ite Ilous( ' . 'rn: i:-; a r p o r t ' O \'<'rina of 1 air mp titio n f r th b, y u n tT anuar r Jl, 193+. Th tlblllitt e d b h e ational Cod du ry. All th 'E' intere ted haY ha 1 ami l bj tion . . an 1 no . urh obj ti n . haY b e n r th . cl apr rov cl lul In fil Th efT t o the ame n 1m nt t ti n f rti le III i t p ermit th appointmont of an impartial hairman f the Reoional Planning an 1 \. lju tment Board u h an impartial hairman now beino pr hibit 1. The effe t of th amendm nt t e tion 1 f Arti l e III i to 1 move the pre ent re -tri tion that all lo al re-i nal board hall b limite l to two m mbe r r pr entin m-ploy r an 1 tw repre entino and t permit u h qual number of repre entati e of both employer and mplO) a ma3 b e d e m 1 aclvi able. The effect of the econd amen ment to ection 1 of Arti le III i to permit joint mutual ollecti e barO'aining a l ,mp '" r . th 1 uth rit t pr nt th af r -. a i 1 nm nclment o n b half f h indu try a a ' hole. (2)

PAGE 5

3 (d) The Code as amended is not designed to and will not permit monopolies or monopolistic practices. (e) The amendments and the Code as amended are 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 amendment. For these reasons, therefore, the National Industrial Recovery Board has approved these amendments to the Code of Fair Competition for the Construction Industry. For the National Industrial Recovery Board: w. A. HARRIMAN, Administrative Officer. MAY 9, 1935.

PAGE 6

of R I F R of th fir t 1 arao-raph Nothing herein ontain d hall b on trued to pr ' nt truly r pr ntativ a o iation or grou1 of mplo3 er and mpl y r p tiv ly oncern d in two or more livi ion or ub ivi ion of th in u try by mutual con ent fr01n entering int a joint mutual agr ment. Am nd Article III by deleting the e ond enten e of the third paragraph of Section 1, Article III, reading as follows: ' Each uch Board shall con ist of two repre entative each of employ r an l employee of the division or ubdivi ion affected, selected by the Administrator from nominations made by uch employers and employees re pectively in uch manner as the Administrator may approve or prescribe, and an impartial chairman named by the Admini:...trator from nominations made by the employer and employee representatives selected to the Board." and ub tituting therefor the following: " Each uch Board shall consist of an equal number of representative each of employers and employees of the divi ion or sub clivi ion affected, elected by the National Industrial Recovery Board from nominations made by such employers and emplo} ees respectively in uch manner as the National Industrial Recovery Board may approve or prescribe, and an impartial chairman named by the National Industrial Recovery Board from nominations made by the employer and employee representatives selected to the Board.' Amend Article III by deleting the first sentence of the fourth paragraph of Section 5 of Article III reading as follows: " The National Construction Planning and Adjustment Board shall have the authority, and upon its own motion shall e tablish in properly defined areas, Regional Construction Planning and Adjustm nt Boards, and said Boards shall be compo ed of. an equal numb r of members from employer groups and employee groups, and it is further provided that there shall be no di intere ted or impartial chairman of said Regional Board it being provided that uch Boards shall select from their members a hairman and a se retary. ' and ub tituting therefor the following: The National onstruction Planning and Adju tment Board shall have the authority, and upon its own motion shall tabli h in properly defined areas, Regional onstruction Planning and A ju tment Board and aid Boards shall be compo ed of an e ual numb r f member each from employer and employee groups and an im artial hairman. ' Appr Yed o
PAGE 7

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