Citation
Supplementary code of fair competition for the plastering and lathing contracting industry (a division of the construction industry) as approved on June 27, 1934 by President Roosevelt

Material Information

Title:
Supplementary code of fair competition for the plastering and lathing contracting industry (a division of the construction industry) as approved on June 27, 1934 by President Roosevelt
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
U.S. Gov. Printing Office
Publication Date:
Language:
English
Physical Description:
14 p. : ; 23 cm.

Subjects

Subjects / Keywords:
Plastering -- Law and legislation -- United States ( lcsh )
Lathing -- Law and legislation -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
"Approved Code No. 244-Supplement No. 14 ; Registry No. 1032-1-06"

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:
004884949 ( ALEPH )
63655075 ( OCLC )

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UNIVERSITY OF FLORIDA


3 1262 08482 9307
3 1262 08482 9307


- _pplement No. 14


Registry No. 1032-1-06


NATIONAL RECOVERY ADMINISTRATION




SUPPLEMENTARY

CODE OF FAIR COMPETITION

FOR THE


PLASTERING AND LATHING


CONTRACTING INDUSTRY

(A Division of the Construction Industry)


AS APPROVED ON JUNE 27, 1934
BY
PRESIDENT ROOSEVELT


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WASHINGTON: 1934


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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
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Seattle, Wash.: 809 Federal Office Building.













Approved Code No. 244-Supplement No. 14

SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE

PLASTERING AND LATHING CONTRACTING
INDUSTRY

As Approved on June 27, 1934
BY
PRESIDENT ROOSEVELT


EXECUTIVE ORDER

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE PLASTERING AND
LATHING CONTRACTING 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 my approval of the
Plastering and Lathing Contracting Chapter of said Code, and
hearings having been held thereon, and the Administrator having
rendered his report containing an analysis of said Plastering and
Lathing Contracting Chapter and of said Code of Fair Competition
as supplemented by the addition thereto of said Plastering and
Lathing Contracting Chapter, together with his recommendations
and findings with respect thereto, and the Administrator having
found that the said Plastering and Lathing Contracting Chapter
and the said Code of Fair Competition, as supplemented by the
addition thereto of said Plastering and Lathing Contracting Chap-
ter, comply in all respects with the pertinent, provisions of Title I
of said Act, and that the requirements of Clauses (1) and (2) of
Subsection (a) of Section 3 of the said Act have been met:
NOW, THEREFORE, I, Franklin D. Roosevelt, President of
the United States, pursuant to the authority vested in me by Title I
of the National Industrial Recovery Act, approved June 16, 1933,
and otherwise, do adopt and approve the report, recommendations
and findings of the Administrator and do order that the said Plaster-
ing and Lathing Contracting Chapter be and it is hereby approved,
70513--657-163-34 (1)







2

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 the addition
thereto of said Plastering and Lathing Contracting Chapter.
FRANKLIN D. ROOSEVELT.
Approval recommended:
HUGH S. JOHNSON,
A administrator.
THE WHITE HosUE,
June 27, 1934.













LETTER OF TRANSMITTAL


The PRESIDENT,
The White House.
SIR: This is a report on the Plastering and Lathing Contracting
Chapter of the Code of Fair Competition for the Construction Indus-
try 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 September 18, 1933 which was reconvened on March
27, 1934, in accordance with the provisions of the National Industrial
Recovery Act. This Chapter amplifies Chapter I, but applies spe-
cifically to the Plastering and Lathing Contracting Division of the
Construction Industry.
PROVISIONS FOR HOURS AND WAGES
With the exception of the inclusion of skilled wage rates, the hours
and labor conditions set forth in Chapter I of the Construction Code
as approved by you on January 31, 1934 are applicable to this Code.
ECONOMIC EFFECT OF THE CODE
Estimates made by the Division of Research and Planning indicate
that the number of full and part-time employees in this Division
of the Construction Industry decreased from approximately 127,000
in 1929 to 23,000 in 1933.
It is reasonable to predict that the establishment of uniform rates
of pay, uniform hours of work, improved conditions of employment
and the prohibition of unfair trade practices will be beneficial to all
of this Industry, as well as to the employees and the consumer.
FINDINGS
The Deputy Administrator in his final report to me on said
Plastering and Lathing Contracting Chapter of the Code of Fair
Competition for the Construction Industry, having found as herein
set forth and on the basis of all the proceedings in this matter;
I find that:
(a) Said Plastering and Lathing Contracting Chapter and said
Code of Fair Competition for the Construction Industry, as supple-
mented by said Plastering and Lathing Contracting Chapter, are
well designed to promote the policies and purposes of Tide 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 andl will provide for the general welfare
by promoting the organization of industry for the purpose of coop-
erative action among the trade groups, by inducing and maintaRning
united action of labor and management under adequate govern-








mental sanctions and supervision, 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 in-
creasing purchasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise rehabili-
tating industry.
(b) Said Plastering and Lathing Contracting Chapter and the
Code of Fair Competition for the Construction Industry, as sup-
plemented by said Plastering and Lathing 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 asso-
ciation truly representative of the aforesaid Industry; and that said
Association imposes no inequitable restrictions on admission to
membership therein.
(c) Said Plastering and Lathing Contracting Chapter and the
Code of Fair Competition for the Construction Industry, as sup-
plemented by said Plastering and Lathing Contracting Chapter are
not designed to and will not permit monopolies or monopolistic
practices.
(d) Said Plastering and Lathing Contracting Chapter and the
Code of Fair Competition for the Construction Industry, as sup-
plemented by said Plastering and Lathing Contracting Chapter, 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
Plastering and Lathing Contracting Chapter and of said Code, as
supplemented by this Plastering and Lathing Contracting Chapter
thereof.
For these reasons, therefore, I recommend approval of said Plas-
tering and Lathing Contracting Chapter of the Code of Fair Compe-
tion of the Construction Industry.
Respect fully,
HUGH S. JOHNSON,
Administrcmor.
JUNE 26. 1934.









CHAPTER XX


SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE PLASTERING AND LATHING CONTRACTING
INDUSTRY
A DIVISION OF THE CONSTRUCTION INDUSTRY
ARTICLE I-DEFINITIONS
SECTION 1. The term "Plastering and Lathing Contracting Divi-
sion or This Division means and includes the business of furnish-
ing and contracting to furnish labor and materials in the fabricating,
mixing, applying, installing, altering or repairing of all plain or
ornamental plastering used in construction projects regardless of the
nature of the materials used or the structure to which it is applied.,
including the use of pigments and their incorporation in plastic mate-
rials used in simulation of other materials, and including all lathing
and light iron furring, metal corner beads, metal base beads and
appurtenances used to receive such plain and ornamental plastering,
and including modeling, model making, and casting incidental to or
in connection with the business of the Plastering and Lathing Con-
tracting Division.
SECTION 2. Specialized Classifications.-The term "Specialized
Classifications shall mean a defined specialized branch of this Divi-
sion, established for representation in the administration of the
Plastering and Lathing Contracting Division Chapter.
Such specialized classifications immediately established and defined
herein are:
(A) Lathing and Light Iron Furring Classficfation.-The term
"Lathing and Light Iron Furring Classification is defined to mean
and include members of this Division who are engaged exclusively
in contracting for the furnishing of labor and materials for lathing
and light iron furring.
(B) Modeling, Model Making, and Casting Classifcation.-The
terms Modeling, Model Making, and Casting Classification are de-
fined to mean and include members of this Division who specialize
in contracting for modeling, model making, and casting of plastic
materials.
SECTION 3. Nothing in Section 2 shall be held or construed to pre-
vent any member of this Division from performing all or any part
of the business of this Division, as defined in Section 1 of this Article.
SECTION 4. The term "Association" as used herein means the
" Contracting Plasterers' International Association."
SECTION 5. The term "this Chapter" as used herein means and
includes any related industry which hereafter is subject to the ap-
proval of the President may be included hereunder as a subdivision
or otherwise.
ARTICLE II-REFERENCE TO PROVISIONS OF CHAPTER I AND TO MANDA-
TORY PROVISIONS OF THE ACT
SECTION 1. Reference to Provisions of Chapter I.-Provisions of
Chapter I of this Code, including any amendments thereto, or modi-








fications thereof, except as herein specifically provided, are specifi-
cally incorporated herein with the same force and effect as if set forth
herein in full.
SECTION 2. Labor Provisions of the Act.-Employees shall have
the right to organize and bargain collectively 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 in self-organization or in other
concerted activities for the purpose of collective bargaining or other
mutual aid or protection; no employee and no one seeking employ-
ment shall be required as a condition of employment to join any
company union or to refrain from joining, organizing or assisting a
labor organization of his own choosing; employers shall comply with
the maximum hours of labor, minimum rates of pay, and other condi-
tions of employment, approved or prescribed by the President.
SSECTION 3. Presidential Po-we-r.-This Code, and all the provisions
thereof, are expressly made subject to the right of the President, in
accordance with the provisions of subsection (b) of Section 10 of the
Act, from time to time to cancel or modify any order, approval,
license, rule or regulation issued under Title I of the Act and specifi-
cally, but without limitation to the right of the President to cancel
or modify his approval of this Code, or of any additional Chapter
thereof, or any conditions imposed by him upon such approval.
ARTICLE III-HOURS, WAGES, AND CONDITIONS OF EMPLOYMENT
SECTION 1. Where no local or regional agreement exists as provided
for in Section 1 of Article III of Chapter I the minimum wage scale
for the following classification of employees in this Division shall be:
(a) In the Southern Zone comprehending South Carolina, Geor-
gia, Florida, Arkansas Alabama, Mississippi, Louisiana, Arizona,
klahoma, Texas, and Kew Mexico, the minimum wage for plasterers,
$1.00 per hour; modelers, $1.50 per hour; model makers, $1.00 per
hour; casters, 900 per hour; lathers, $1.00 per hour; plasterers'
laborers, 600 per hour.
(b) In the Central Zone, comprehending Delaware, Maryland,
Virginia, Tennessee, Colorado, Utah, California, North Carolina,
West Virginia, Kentucky, Missouri, Kansas, Nevada, District of
Columbia, minimum wage scale for plasterers, $1.10 per hour; model-
ers, $1.60 per hour; model makers, $1.10 per hour; casters, $1.00
per hour; lathers, $1.10 per hour; plasters' laborers, 704 per hour.
(c) In the Northern Zone Comprehending Maine, New Hampshire,
Vermont, Massachusetts, Rhode Island, Connecticut, New York, New
Jersey, Indiana, Wisconsin, Minnesota, Nebraska, Wyoming, Ore-
gon, South Dakota., Idaho, Pennsylvania, Ohio, Michigan, Illinois,
Iowa, North Dakota, Montana, Washington, the minimum rates for
plasterers shall be $1.20 per hour; modelers, $1.70 per hour; model
makers, $1.20 per hour; casters, $1.10 per hour; lathers, $1.20 per
hour; plasterers' laborers, 800 per hour.
(d) Apprentices during their apprenticeship or learning period
shall be paid as follows:
First year-------_ -- 30% of journeyman's wages.
Second year -------------------- 40% of journeyman's wages.
Third year--6--------------- 60% of journeyman's wages.
Fourth year _----_---------. 75% of journeyman's wages.








Provided however, that this Section shall not be construed to
authorize reductions in existing rates of pay; and provided further,
that the Administrator may reconsider the provisions of this Section
upon the expiration of a period of ninety (90) days after the effec-
tive date of this Chapter, or thereafter if he shall deem necessary
and, upon the basis of such reports, studies, or hearings as he may
obtain or conduct, may require such modifications of, or make such
other determination with respect to, the proviiuons of this Section
as he shall by his further order direct; and provided, further, that
if it. shall be represented to the Administrator and he shall ditermnine
that the provisions of this Section impose undue hardship upon em-
ployers or employees or both, within any region or locality, he may
at any time grant such stay or exemption from the provisions of
this Section within such region or locality as he may determine jus-
tice requires; and provided further, that the provisions of this Sec-
tion shall be subject to the provisions of Section 7 of the Act, or any
actions taken thereunder or in accordance therewith.
SECTION 2. The provisions of subparagraph B of Section 2 of
Article III of Chapter I shall not apply to:
(a) Employees in a managerial, executive, or supervisory capacity,
who regularly earn 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 (11.) times the normal rate for all hours worked in
excess of forty (40) hours in any week or eight (8) hours in any day
or six (6) days in any week.
(c) Watchmen who shall not be permitted to work in excess of
fifty-six (56) hours nor six (6) days in any week.
SECTION 3. Nwnber of days.-No employee shall be permitted to
work in excess of six (6) days in any week.
SECTION 4. Evasion Through Reemipoymen.t.-No employee now
employed at a rate in excess of the minimum shall be discharged
and reemployed at a lower rate for the purpose of evading the pro-
visions of this Code.
SECTION 5. Mem-ber Pe'forming Labor.-Members of this Division
who personally perform manual labor or are engaged in mechanical
operations shall not. exceed, while o working as employees, the maxi-
mum of hours prescribed herein for employees.
SECTION 6. Complaub't.-No employee shall be dismissed by reason
of making 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 employees
in their respective shops and other established places of business
complete copies of Chapter I, General Provisions for the Construc-
tion 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. Every member of the Division shall comply with
all rules and regulations relative to the posting of provisions of
Codes of Fair Competition which may from time to time be pre-
scribed by the Administrator.








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 Au-
thority to the Administrator within three (3) months after the effec-
tive date of this Chapter. After approval, such standards shall be-
come the minimum standards of safety and health for all members of
this Division.
SECTION 9. Payment of Wages.-All employers shall make payment
of all wages due in lawful currency or by negotiable check therefore
payable on demand at par. If wages are paid by check, the employer
shall provide reasonable accessible facilities for cashing checks at
face value without expense to the employee. 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 other than those required by law or voluntarily paid
or authorized 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 requiring payment of wages at the
end of each weekly period shall not apply to persons employed in a
managerial, supervisory, or executive capacity who earn not less
than thirty-five dollars ($35.00) per week, nor to persons employed
in clerical or office work who shall be paid at least semi-monthly.
SECTION 10. Handicapped Persons.-A person whose earning ca-
pacity is limited because of age, 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 stated in the certificate. Such Authority
shall be guided by the instructions of the United States Department
of Labor in issuing certificates to such persons. 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.
SECTION 11. Nothing 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.
ARTICLE IV-OncGANIzATION, POWERS AND DUTIES OF THE DIVISIONAL
CODE AUTHORITY
SECTION 1. Further to effectuate the policies of the Act, and to
administer this Code within this Division and its administrative
classifications as defined in Article II of this Chapter, a Divisional
Code Authority is hereby established.
SECTION 2. The Divisional Code Authority for the Plastering and
Lathing Contracting Division shall consist of fifteen (15) members
of this Division, all of whom shall have assented to this Code, to be
selected, to serve for a term of one (1) year or until their successors
are selected, as follows:








(a) Members of the Association shall elect eight (S) members of
the Divisional Code Authority from the membership of the Associa-
tion to represent equitably various localities. The Association is
hereby designated as the agency to conduct the initial election of
the Association members of the Divisional Code Authority within
thirty (30) days after the effective date of this Chapter and any
other election of such members which may thereafter be held. Notice
of the time and place of regular elections shall be sent to all mem-
bers of the Association and to the Administrator at least forty (40)
days in advance of such election, except that the initial ele-ction above
referred to may be held on ten (10) days' notice. Voting at all elec-
tions 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 Member-
ship of the Divisional Code Authority, the Executive Committee of
the Association may appoint a member from and to represent mem-
bers of the Association on said Code Authority who shall serve for
the unexpired portion of the term of t.e member he surceed-s. Such
successor shall be approved by the Administrator before taking office.
Such election shall be held within twenty (20) days after such
vacancy occurs.
(b) The Administrator shall appoint two (2) members of the
Divisional Code Authority from the members of this I)ivision in-
cluded in the Lathing and Light Iron Furring Classification, as
defined in Section 2 A of Article II of this Chapter.
(c) The Administrator shall appoint two (2) members of the
Divisional Code Authority from the members of this Division in-
cluded in the Modeling, Model Making, and Casting Classification
as defined in Section 2 B of Article II of this Chapter.
(d) The Administrator shall appoint three (3) members of the
Divisional Code Authority from and to represent the non-members
of the Association, which members shall be automatically disqualified
from further holding such office by joining the Association, and
whose membership in the Divisional Code Authority shall thereupon
become vacant.
(e) At the expiration of the term of the members so appointed in
sub-paragraphs (b), (c) and (d), or should a vacancy occur, the
non-members of the Association or the members of the Classifications
as defined in Section 2 of Article II may elect their respective rep-
resentatives, such representatives and the methods of their selection
to be satisfactory to and approved by the Administrator. In the
event any representatives are not so chosen, the Administrator shall
continue to appoint such representatives.
SECTION 3. In the event the Act and the Code are continued beyond
the limits now established by Law, the terms of the members of the
Divisional Code Authority may be readjusted to insure over-lapping
tenures, in a manner to be approved by the Administrator.
SECTION 4. Each trade or industrial association directly or indi-
rectly participating in the selection of 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






10

of the Act, the Divisional Code Authority is authorized, subject to
the approval of the Admirnstrator:
(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
Division.
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable
contribution 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. Each member 'of this Division shall pay his or its
equitable 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 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. The Administration members, the Construction Code
Authority and the Administrator shall be given five (5) days' notice
of, and may sit at, all meetings of the Divisional Code Authority.
SECTION 8. PoIers ald Duties.-Subject to such rules and regula-
tions as may be issued by the Administrator, the Divisional Code
Authority shall have the powers and duties as are conferred by Sub-
division B of Article IV of Chapter I of this Code and also shall
have the following powers and duties:
(a) To establish, with the approval of the Administrator and
after such notice and hearing as he may prescribe, specifications for
minimum standards of work, such standards to be designed to safe-
guard and insure the health and safety of the occupants of homes
and other structures. Such specifications shall be submitted for
approval within six (6) months after the effective date of this
Chapter.
(b) To establish, with the approval of the Administrator after
such notice and hearing as he may prescribe, standard contract forms
for use within this Division.
(c) 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.
(d) 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.









(e) To require the registration of all work in amount of Two
Hundred ($200.00) Dollars or more in value, undertaken by members
of this Division as herein defined.
(f) The Divisional Code Authority shall cause to be formulated
methods of cost finding and accounting capable of use by all mem-
bers of this Division, and shall submit such methods to the Adminis-
trator for review. If approved by the Administrator, full informa-
tion concerning such methods shall be made available to all members
of the Division. Thereafter, each member of the Division shall
utilize such methods to the extent found practicable. Nothing
herein contained shall be construed to permit the Divisional Code
Authority, any agent thereof, or any member of the Division to
suggest uniform additions, percentages or differentials or other uni-
form items of cost which are designed to bring about arbitrary
uniformity of costs or prices.
(g) 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 relationships 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.
(h) To establish, subject to the approval of the Administrator,
regional agencies for the administration of this Code to effectuate
the policies of the Act. Such agencies may be constituted to repre-
sent (a) the entire industry in any region or locality or (b) a special-
ized classification in any region or locality. The membership of any
such agency shall not be less than three (3) nor more than seven (7)
members of the Division. The agency or agencies so established
shall be delegated by the Divisional Code Authority certain powers
and authority to administer this Code within the region or locality
or within a specialized classification in any region or locality, pro-
vided that nothing herein shall relieve the Divisional Code Authority
of its duties and responsibilities under this Code and that such agency
or agencies shall at all times be subject to and comply with the
provisions hereof.
(i) To provide appropriate facilities for arbitration, and subject
to the approval of the Administrator, to prescribe rules of procedure
and rules to effect compliance with awards and determinations.

ARTICLE V-TRADE PRACTICE RULES
General Defiaition.-For all purposes of the Code the acts de-
scribed in this Article shall constitute unfair practices and are
prohibited. Any member of this Division who shall directly or
indirectly, through any officer, employee, agent, or representative
knowingly use, employ, or permit to be employed any of such unfair
practices shall be guilty of a violation of the Code.
RULE 1. Inferor lWork'.-No member of this Division shall substi-
tute inferior materials or an improper mix, or shall use materials
or shall make any misrepresentation in connection with the sale of
o such materials or mix, for the purpose or with the effect of mis-
leading or deceiving purchasers with respect to the quantity, quality,
or grade thereof.






12
RULE 2. Compliance.-Non-compliance with contractual require-
ments whether pertaining to quality or quantity of materials, quality
of workmanship or otherwise shall be a violation of this Chapter.
RULE 3. Adequate Records.-No member of this Division shall
submit an estimate price on any job or submit a bill for his services
without retaining an adequate record showing the cost analysis upon
which his estimate was based or his charges determined.
RULE 4. Lumnping Labor.-No member of this Division shall
(whether by the practice known as "Lumping" of labor or other-
wise) sublet to any journeyman or other employee, the labor services
required by any contractor for work within this Division.
RULE 5. False Representation.-No member of this Division shall
make any false representation, either directly or indirectly, that a
competing member has quoted or is quoting different prices, or terms
and conditions of sale, for his products than those actually quoted
by such competing member.
RULE 6. Defaming Competitors.-No member of this Division shall
defame competitors by falsely imputing to them dishonorable con-
duct, inability to perform contracts, questionable credit standing, or
by other false representation, or by the false disparagement of the
grade or quality of their goods.
RULE 7. 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
secretly offer or extend to any customer any special service or priv-
ilege not extended to all customers of the same class, for the purpose
of influencing a sale.
RULE 8. Com.,nercial Bribery.-No member of this Division shall
give, permit to be given, or directly offer to give, anything of value
for the purpose of influencing or rewarding the action of any em-
ployee, agent, or representative of another in relation to the business
of the employer of such employee, the principal of such agent or the
represented party, without the knowledge of such employer, princi-
pal, 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 9. Inaccurate Adverlising.-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 particu-
lar, nor shall any member in any way misrepresent any goods (in-
cluding 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 10. Inaccurate Referen-ce to Competitors.-No member of
the Industry shall publish advertising which refers inaccurately in
any material particular to any competitor or his goods, prices, values,
credit terms, policies or services.
RULE 11. Breach of Contract.-No member of this Division shall
induce or attempt to induce the breach of an existing contract be-
tween a competitor and his customer or source of supply; nor shall

!








any member interfere with or obstruct the performance of any such
contractual duties or services.
RULE 12. 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 13. Grouping of Jobs.-No member of this Division shall
group together two or more jobs, either directly or indirectly, to
effect a price below cost for any individual job.
RULE 14. 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 appli-
cation of said section to this Division.
RULE 15. 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
authority as therein defined unless such owner or other person agrees
to comply with the regulations provided therein governing an
awarding authority.

ARTICLE VI-FILING OF BIDS

SECTION 1. Each member of this Division shall file with an inde-
pendent, impartial agency designated by the Divisional Code Author-
ity, or by the local administrative committee, a signed, true copy of
every bid in excess of two hundred dollars ($200.00), or such lesser
sum as may be determined by the Divisional Code Authority for
local regions or areas, including all alternates and revisions thereto
submitted in connection with all competitive bidding as required by
the awarding authority. 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, together
with any available 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 proportionate share of the cost of han-
dling, tabulating and distributing such information, but in no case
more than one dollar ($1.00) for each bid filed by such bidder.
Such bids and tabulations shall be available to the Administrator
until the contract is completed.
SECTION 3. Upon 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 viola-
tion has occurred, their findings on the violation, together with a
summary of the facts upon which they are based, shall be reported






14

to the local administrative committee or the Divisional Code Author-
ity for such action as may be appropriate. Such findings and
summaries shall be available to the Administrator. ;
ARTICLE VII-MoDIFICATION :
Subject to the provisions of sub-paragraph (c) of Section 2 of
subdivision B of Article IV of Chapter I hereof, the provisions of
this Chapter except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances, such
modifications to be based upon application to the Administrator and
such notice and hearings as he shall specify, and to become effective
on his approval.
ARTICLE 1VIII-REGISTRATION
Each member of this Division shall register with the Divisional
Code Authority within thirty (30) days after the effective date of
this Chapter. All who may engage thereafter in the Plastering and
Lathing Contracting Division shall likewise register with the Divi-
sional 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.

ARrICLE IX-REVIEW OF ACTS OF DNIISIONAL CODE AUTHORITY
If the Administrator shall determine that any action of the Divi-
sional Code Authority or any agency thereof may be unfair or unjust
or contrary to the public interest, the Administrator may require
that such action be suspended to afford an opportunity for investi-
gation 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 Administrator approves or unless he shall
fail to disapprove after thirty (30) days' notice to him of intention
to proceed with such action in its original or modified form.

ARTICLE X-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
reasonably possible, be limited to actual additional increases in the
seller's costs.
ARTICLE XI-EFFECTIVE DATE
This Chapter shall become effective in this Division on the thir-
tieth (30th) day after its approval by the President.
Approved Code No. 244-Supplement No. 14.
Registry No. 1032-1-06.




Full Text

PAGE 1

II I II lllll~ll\!liiil~ll\(l\~ii~ \1111\1\11\ ~I ~fl 1111111 \ l 3 1262 08482 93o7 _ _1pplement No. 14 Registry No. 1032-1-06 N A TIO NAL RECOVERY ADMINISTRATION SUPPLEMENTARY C ODE OF FAIR COMPETITION FOR THE P LASTERING AND LATHING CONTRACTING INDUSTRY (A Division of the Construction Industry) AS APPROVED ON JUNE 27, 1934 BY PRESIDENT ROOSEVELT WE DOOURPARt t I l UNITED STATES GOVERNMEN T PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of Documents, W ashington, D.C. -------P::ic e 5 cene.

PAGE 2

. This publication is for sale by the Superintendent of Documents, Government l;>rinting 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. Birmingham, Ala. : 257 Federal Building. Boston, Mass. : 1801 Customhouse. Buffalo, N.Y.: Chamber of Commerce Building. Charleston, S.C.: Chamber of Commerce Building. Chicago, 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. Kansas City, Mo.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadway. Louisville, Ky.: 408 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. Philadelphia, Pa. : 422 Commercial Trust Building. Pittsburgh, Pa.: Chamber of Commerce Building. Portland, Oreg. : 215 ew Post Office Building. St. Loui. , Mo . : 506 Olive Street. San Francisco, Calif. : 310 Customhou.::e. Seattle, Wash.: 809 Federal Office Building.

PAGE 3

, Approved Code No. 244-Supplement No. 14 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE PLASTERING AND LATHING CONTRACTING INDUSTRY As Approved on June 27, 1934 BY PRESIDENT ROOSEVELT EXECUTIVE ORDER SUPPLEMENT.ARY CODE OF FAIR COMPETITION FOR THE PLASTERING AND LATHING CONTRACTING INDUSTRY A DIYISION 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 my approval of the Plastering and Lathing Contracting Chapter of said Code, and hearings having been held thereon, and the Administrator having rendered his report containing an analysis of said Plastering and Lathing Contracting Chapter and of said Code of Fair Competition as supplemented by the addition therHo of said Plastering and Lathing Contracting Chapter, together with his recommendations and findings with respect thereto, and the Administrator having found that the said Plastering and Lathing Contracting Chapter and the said Code of Fair Competition, as supplemented by the addition thereto of said Plastering and Lathing Contracting Chapter, comply in all respects with the pertinent provisions of Title I of said Act, and that the require m ents of Clauses (1) and (2) of Subsection (a) of Section 3 of the said Act h ave been met: No,v, THEREFORE, I, Franklin D. Roos evelt, Presiden t of the United States pursuant to the authority vested in me by Title I of the Nationa l Industrial Recovery Act, approved June 16 , 1933, and otherwise, do adopt and approve the report, recommendations and findings of the Administrator and do order that the said Plastering and Lathing Contracting Chapter be and it i s hereby approved, 70513-657-163-34 (1)

PAGE 4

2 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 suppleme~ted by the addition thereto of said Plastering and Lathing Contracting Chapter. Approval recommended: HUGHS. JOHNSON, Administrato1'. THE WHITE HousE, June f7, 1934 . • FRANirLIN D. ROOSEVELT.

PAGE 5

LETTER OF TRANSMITTAL The PRESIDENT, The lV hite House. Sm : This is a report on the Plastering and Lathing 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 a .fter a public hearing conc1ucted in vVashington on September 18, 1933 which was reconvened on March 27, 1934, in accordance with the provisions of the National Industrial Recovery Act. This Chapter amplifies Chapter I, but applies spe cifically to the Plastering and Lathing Contracting Division of the Construction Industry. PROVISIONS FOR HOURS AND WAGES With the exception of the inclusion of skilled wage rates, the hours and labor conditions set forth in Chapter I of the Construction Code as approved by you on January 31, 1934 are applicable to this Code. ECONOMIC EFFECT OF THE CODE Estimates made by the Division of Research and Planning indicate that the number of full and part-time employees in this Division of the Construction Industry decreased from approximately 127,000 in 1929 to 23,000 in 1933. It is reasonable to predict that the establishment of uniform rates of pay, uniform hours of work, improved conditions of employment and the prohibition of unfair trade practices will be beneficial to all of this Industry, as well as to the employees and the consumer. FINDINGS The Deputy Administrator in his final report to me on said Plastering and Lathing Contracting Chapter of the Cod~ . of Fair Competition for the Construction Industry, having found as herein set forth and on the basis of all the proceedings in this matter ; I find that: (a) Said Plastering and Lathing Contracting Chapter and said Code of Fair Competition for the Construction Indt1stry, as supple mented by said Plastering and Lathing Contracting Chapter, are well designed to promote the policies and purposes of Tide I of the National Industrial Recovery Act, including removal of obstructions to the free flow of interstate and foreign commer c e whi c h tend to diminish the amount thereof and will provide for the gen eraJ. welfare by promoting the organization of industry for the purpo~ of cooperative action among the trade groups, by inducing and mainta:hiing united action of labor and management under adequate govern(3)

PAGE 6

4 mental sanctiQns and super:vision, by eliminating unfair competitive practices, by pron1oting the fullest possible utilization of the present productive capacity of industries, by avoiding undue restriction of production ( except as may be temporarily r equired), 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 r ehabilitating industry. (b) Said Plastering and Lathing Contracting Chapter and the Code of Fair Competition for the Construction Industry, as supplemented by said Plastering and Lathing Contracting Chapter, as approved comply in all r es pects 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 as s ociation is an industrial association truly representative of the aforesaid Industry; and that said Association imposes no inequitable restrictions on admission to membership therein. ( c) Said Plastering and Lathing Contracting Chapter and the Code of Fair Competition for the Construction Industry, as supplemented by said Plas te.ring and Lathing Contracting Chapter are not designed to and will not permit 1nonopolies or monopolistic practices. ( d) Said Plastering and Lathing Contracting Chapter and the Code of Fair Competition for the Construction Industry, as supplemented by said Plastering and Lathing Contracting Chapter, 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 Plastering and Lathing Contracting Chapter and of said Code, as supple1ne.nted by this Plastering and Lathing Contracting Chapter thereof. For these reasons, therefore, I recommend approval of said Plastering and Lathing Contracting Chapter of the Code of Fair Competion of the Construction Industry. Respectfully, HUGH s. JOHNSON' A dministratovr. JUNE 26. 1934.

PAGE 7

CHAPTER xx SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE PLASTERING AND LATHING CONTRACTING INDUSTRY .A DIYISION OF THE CONSTRUCTION INDUSTRY ARTICLE I-DEFINITIONS SECTION 1. The term "Plastering and Lathing Contracting Division" or" This Division" means and includes the business of furnishing and contracting to furnish labor and materials in the fabricating, n1ixing, applying, installing, altering or repairing of all plain or ornamental plastering used in construction projects regardless of ths nature of the materials used or the structure to which it is applied-, including the use of pigments and their incorporation in plastic materials used in simulation of other materials, and including all lathing and light iron furring, metal corner beads, metal base beads and appurtenances used to receive such plain and ornamental plastering, and including modeling, model making, and casting incidental to or jn connection with the business of the Plastering and Lathing Contracting Di vision. SECTION 2. Specialized O l assifications.-The term "Specialized Classifications" shall mean a defined specialized branch of this Division, established for representation in the administration of ths Plastering and Lathing Contracting Division Chapter. Such specialized classifications immediately established and defined herein are: (A) Lathing and Light Iron Furring Olassification.-The term "Lathing and Light Iron Furring Clas sification" is defined to mean and include members of this Division who are engaged exclusively in contracting for the furnishing of labor and materials for lathing and light iron furring. ( B) Mod e ling, Jl,f odel 11/ aking, and Oas ting Olassification.-Ths terms" Modeling, Model i1aking, and Casting Classification" are de fined to mean and include members of this Divi io n w ho specialize in contracting for modeling, model making, and ca ting of plastic materials. SECTION 3. Nothing in Section 2 shall be held or construed to prevent any member of this Division from performing all or any part of the business of this Division, as defined in Section 1 of this Article. SECTION 4. The term "A sociation" as used herein means the "Contracting Plasterers' International Association." SECTION 5. The term " this Chapter " as used herein means and inc,ludes any related industry which hereafte r is subject to the approval of the President may be included hereunde r as a subdivision or otherwise. ARTICLE II-REFERENCE TO PROVISIONS OF CHAPTER I AND TO MANDATORY PROVISIONS OF THE AcT SECTION 1. Refe rence to Pro visions of Chapter /.-Provisions of Chapter I of this Code, including any amendments thereto, or modi-(5)

PAGE 8

6 .cations thereof, except as herein specifically provided, are specifi cally incorporated h e rein with the same force and effect as if set forth herein in full. SECTION 2. Labo1 Provisio?'ls of the Act.-Employees shall have the right to organize and bargain collectively through representati, es of their own choo ing, and shall be fre e from the inte rference, restraint, or coercion of employers of l abor, or their agent , in the designation of such r epres entatives or in self-organization or in other concerted activitie s for the purpose of collective bargaining or other mutual aid or protection; no e mployee and no one seeking emp loyment shall b e r equired as a condition of employment to join any company union or to refrain from j oining, organizing or assisting a l abor organization of his own c h oosing; emplo yers shall comply with the maximum hours of l abor, minimum rates of pay, and other conditions of emp l oyment, approved or prescribed by the Pres ident. SECTION 3. Pre sid ential Po wers.-This Code, and all the provis ions thereof, are express l y made subject to the right of the President, in accordance with the provisions of subsection (b) of Section 10 of the Act, from time to time to cancel or modify any order, approval, lic ense, rule or re gulation issu ed under Title I of the Act and specifi cally, but without limitation to the right of the Presiden t to cancel or modify his approval of this Code, or of any additional Cha1_3ter thereof, or any conditions impose d by him upon such approval. ARTICLE III-HoURs, WAGES, AND CONDITIONS OF EMPLOTifENT SECTION 1. Where no local or regional agreement exists as provided for in Section 1 of Article III of Chapter I the minimum wage scale for the following class ifi ca tion of emp loyees in this Division shall be: (a) In the S outhern Z o ne comprehending South Carolina, Georgia, Florida, Arkansas, Alabama, Mis s i ssippi, Louisiana, Arizona, Oklahoma, Texas, and New M ex ico, the minimum wage for plasterers, $1. 00 per h our; mod e l ers, $1.50 per hour; model makers, $1.00 per hour; caste rs, 90 per hour; lathers, $1.00 per hour; plasterers' l abore rs, 60 p e r hour. (b) In the Central Zone , comprehending Delaware, Maryland, Virginia, Tennessee , Colorado, Utah, California, North Carolina, West Virginia, ICentu cky, Missouri, Kansas, Nevada, District of Columbia , minimum wage sca l e for plasterers, $1.10 per hour; mod e l ers, $1.60 per hour; m ode l makers, $ 1.10 per hour; casters, $1.00 per hour; lathers, $ 1.10 per hour; plasters' laborers, 70 per hour. ( c) In the Northern Zone Compre h ending Maine, New Hampshire, Vermont, :M:assach usetts, Rhode I sland, Connecticut, New York, New J ersey, Indiana, Wisconsin, Minnesota, Nebras ka, Wyoming, Ore gon, South Dakota, Idaho, P ennsylvania, Ohio, Michigan, Illinois , Iowa, North Dakota, Montana, Washington, the minimum rates .for plasterers shall be $1.20 per hour; m ode l ers, $ 1.70 per hour; model makers, $1.20 p e r hour; casters, $ 1.10 per hour; lath ers, $1.20 per hour; plasterers' laborers, 80 per hour. ( d) Apprentices during their apprenticeship or learning period shall be paid as follow s : First year_ _____________ _ ____ ______ 30% o f journeyman's wages. Second year_ _______ ________ _ _____ _ 40 % of journeyman's wages. Third year _______________________ _ 60% of j ourneyman's wages. Fourth year_______________________ _ 75% of journeyman's wages.

PAGE 9

7 Provided ho wever, that this Section shall not be construed to authorize reduc tio n s in existing r ates of pay; and provided further, that the Administrator may reconsider the provis ions of this Section upon the expiration of a period of ninety (90) days after the effec tive date of this Chapter, or thereafter if he shall deem neces.sary and, upon the basis of such reports, studies, or hearings as he may obtain or condu ct, may require such modification s of, or make suc h other determination with respect to, the provisions of this Sectio n a.s he shall by his further order direct; and provided, further, that if it shall be represented to the Administrator and he shall d etermine that the provisions of this Section impose undue hardship upon em ployers or employees or both, within any region or locality, he may at any time grant such stay or exemption from the provisi ons of this Section within such region or locality _ as he may determine ju.s tice requires; and provided .further, that the provisions of this Sec tion shall be subject to the provisions of S ectio n 7 of the Act, or any actions taken thereunder or in accordance therewith. SECTION 2. The provisions of subparagraph B of Section 2 of Article III of Chapter I shall not apply to: (a) Employees in a managerial, executive, or supervi.sory capacity, who regularly earn 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 l ea t one and one-half (1) times the normal rate for all hours worked in excess of forty ( 40) hours in any week or eight ( 8) hours in any day or six ( 6) days in any week. ( c) Watchmen who shall not be permitted to work in excess of fiftysix (56) hours nor six (6) days in any week. SECTION 3. Nit r mber of days.-No employee shall be permitted to work in excess of six ( 6) days in any week. SECTION 4. Evasion Through Ree1nploy11ient.-No employee now employed at a rate in excess of the minimum shall be discharged and reemployed at a lower rate for the purpose of evading the provisions of this Code. SECTION 5. Me1nber P er forming Lrib or.-Members of this Division who personally perform manual l abor or are engaged in mechanica l operations shall not exceed, while s o working a s emplo yees, the maximum of hours prescribed herein for emp lo yees. SECTION 6. 00111,plain.t.-No employee shall b e dismissed by reason of making a complaint or giving evidence with re s pect to an alleged violation of this Code. SECTION 7. Posting.-All members of this Division shall post and k eep posted in conspicuous places readily acce ss ible to all employees in their re spective shops and other established places of bu sines s complete copies of Chapter I, General Provis ions for the Con truction Industry, and of this Chapter of this Code, together with the name and address of the neares t official place where Code violations may be reported. Every member of the Division shall comply with all rules and regulations relative to the posting of provisions of Codes of Fair Competition which may from time to time be prescribed by the Administrator.

PAGE 10

8 SECTION 8. Standards for Safety mul H ealth.-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 three (3) months after the effec tive date of this Chapter. After approval, such standards shall be come the minimum standards of safety and health for all members of this Division. SECTION 9. Paymen t of lVages.-All employers shall make payment of all wages due in lawful currency or by negotiable check therefor payable on demand at par. If wages are paid by check, the employer shall provide reasonable accessible facilities for cashing checks at face value without expense to the employ ee . Employers shall also provide such identification as is necessary to utilize such facilities. \Vages 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 other than those required by law or voluntarily paid or authorized 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 requiring payment of wages at the end of. each weekly period shall not apply to persons employed in a managerial, supervisory, or executive capacity who earn not less than thirty-five dollars ($35.00) per week, nor to persons employed in clerica l or office work who shall be paid at least semi -monthly. SECTION 10. Handicapped P ersons.-A person whose earning ca pacity is limited because of age, physical, or mental handicap, or other infirmity may be employ ed 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 employmen t at such wages and for such hours as shall be stated in the certificate. Such Authority shall be guided by the instructions of the United States Department of Labor in i uing certificates to such persons. Each employer shall file monthly with the Divisional Code Authority a list of all such perso ns em ployed by him showing the wages paid to, and the maximum hours of work for, all such persons. SECTION 11. Nothing in the definition of this Division shall in any way be construed as affecting the classification of labor employed unde r this Chapter of this Code. ARTICLE IV-ORGANIZATION , POWERS AND DUTIES OF THE DIVISIONAL CODE AUTHORITY SECTION 1. Further to effectuate the policies of the Act, and to administer this Code within this Division and its administrative classifications as defined in Article II of this Chapter, a Divisional Code Authority i s hereby established . SECTION 2. The Divisional Code Authority for the Plastering and Lathing Contracting Divis ion shall consist of fifteen (15) members of this Division, all of whom shall have assented to this Code, to be selected, to serve for a term of one ( 1) year or until their successors are selected, as follows :

PAGE 11

9 (a) Members of the Association shall elect eight ( 8) me1nbers of the Divisional Code Authority from the membership of the Association to represent equitably various localities. The Association is hereby designated as the agency to conduct the initial election of the Association 1nemb ers of the Divisional Code Authority within thirty (30) days after the effective date of this Chapter and any other election of such member s which may thereafter be held. Notice of the time and place of regular elections shall be sent to all mem bers of the Association and to the Administrator at least forty ( 40) days in advance of such election, except that the initial election abov e referred to may be h eld 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, the Execu tive Committee of the Association may appoint a member from and to represent mem bers of the Association on said Code Authority who shall serve for the unexpired portion of the term of tlie member he succeeds. Such successor shall be approved by the Administrator before taking office. Such election shall be held within twenty (20) days after such vacancy occurs . . (b) The Administrator shall appoint two (2) members of the Divisional Code Authority from the members of this Division included in the Lathing and Light Iron Furring Clas si fication, as defined in Section 2 A of Article II of this Chapter. (c) The Administrator shall appoint two (2) members of the Divisional Code Authority from the members of this Division included in the Modelino-, l\1odel l\1aking, and Casting Classification as defined in Section 2 B of Article II of this Chapter. (d) The Administrator shall appoint three (3) members of the Divisional Code Authority from and to represent the non-members of the Association, which members shall be automatically disqualified from further holding such office by joining the Assoc iation, and whose membership in the Divisional Code Authority shall thereupon beconie vacant. ( e) At the expiration of the term of the members so appointed in sub-paragraphs (b), (c) and (d), or should a vacancy occur, the non-memb ers of the Association or the members of the Classifications as defined in Section 2 of Article II may elect their respective rep res entatives, such representatives and the methods of their selection to he satisfactory to and approved by the Administrator. In the event any representatives are not so chosen, the Administrator shall continue to appoint such representatives. SECTION 3. In the event the Act and the Code are continued beyond the limits now established by Law, the terms of the members of the Divisional Code Authority may be readjusted to insure over-lapping tenures, in a manner to be approved by the Administrator. SECTION 4. Each trade or industrial association directly or indirectly participating in the selection of 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

PAGE 12

10 of the Act, the Divisionnl 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 Division. ( c) After such budget and basis of contribution have been approved by the Administrator, to determine and secure equitable contribution as above set forth by all such members of this Division, and to that end, if necessary, to institute legal proceedings therefor in its own name. SECTION 6. Each member •of this Division shall pay his or its equitable 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 this Division co1nplying 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 th~ 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. The Administration members, the Construction Code Authority and the Administrator shall be given five (5) days' notice of, and may sit at, all meetings of the Divisional Code Authority. SECTION 8. Powers amd Duties.-Subject to such rules and regula tions as may be issued by the Administrator, the Divisional Code Authority shall have the powers and duties as are conferred by Sub division B of Article IV of Chapter I of this Code and also shall have the following powers and duties: (a) To establish, with the approval of the Administrator and after such notice and hearing as he may prescribe, specifications for minimum standards of work, such standards to be designed to safeguard and insure the health and safety of the occupants of homes and other structures. Such specifications shall be sub1nitted for approval within six ( 6) months after the effective date of this Chapter. (b) To establish, with the approval of the Administrator after such notice and hearing as he may prescribe, standard contract forms for use within this Divis ion. ( c) 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. ( d) To recommend to the Administrator further fair trade practic e provis ions 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 stabilization of employment.

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11 ( e) To require the registration of all work in amount of Two Hundred ($200.00) Dollars or more in value, undertaken by members of this Di vision as herein defined. (f) The Divisional Code Authority shall cause to be formulated methods of cost finding and accounting capable of use by all mem bers of this Divjsion, and shall submit such methods to the Administrator for review. If approved by the Administrator, full information concerning such methods shall be made available to all members of the Division. Thereafter, each member of the Division shall utilize such n1ethods to the extent found practicable. Nothing herein contained shall be construed to permit the Divi ional Code Authority, any agent thereof, or any member of the Division to suggest uniform additions, percentages or differentials or other uniform items of cost which are designed to bring about arbitrary uniformity of costs or prices. (g) 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 relationships 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. (h) To establish, subject to the approval of the Administrator, regional agencies for the administration of this Code to effectuate the policies of the Act. Such agencies may be constituted to represent (a) the entire industry in any region or locality or (b) a special ized classification in any region or locality. The membership of any such agency shall not be le ss than three ( 3) nor more than seven (7) members of the Di vision. The agency or agencies so established shall be delegated by the Divisiona l Code Authority certain powers and authority to administer this Code within the region or locality or within a specialized clas s ification in any region or lo cality, provided that nothing herein shall relieve the Divis ional Code Authority of its duties and responsibilities under this Code and that such agen cy or agencies shall at all times be subject to and comply with the provisions hereof. (i) To provide appropriate facilities for arbitration, and subject to the approval of the Admini trator, to prescribe rules of procedure and rules to effect compliance with awards and determinations. ARTICLE V-TRADE PRACTICE RULER General Definition.-For all purposes of the Code the acts de scribed in this Article shall constitute unfair practices and are prohibited. Any member of this Division who shall directly or indirectly, through any officer, employee, agent, or representati':e knowingly use, employ, or permit to be employed any of such unfair practices shall be guilty of a violation of the Code. RULE 1. Inferior lVork.-N o member of this Division shall substitute inferior materials or an improper mix, or shall use materials or shall make any misrepresentation in connection with the sale of such materials or mix, for the purpose or with the effect of mis leading or deceiving purchasers with respect to the quantity, quality, or grade thereof.

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12 RULE 2. Oompliance.-Non-compliance with contractual require ments whether pertaining to quality or quantity of materials, quality of workmanship or otherwise shall be a violation of this Chapter. RULE 3. Adequate Reoords.-No member of this Division shall submi t an estimate price on any job or submit a bill for his services without retaining an adequate record showing the cost analysis upon which his estimate was based or his charges determined. RULE 4. Lwmping Lab or.-No member of this Division shall (whether by the practice known as "Lumping" of labor or other wise) sub let to any journeyman or othe r employee, the labor services required by any contractor for work within this Division. RULE 5. False R epresentation.-No member of this Division shall make any fals e r ep resentation, either directly or indirectly, that a competing member has quoted or is quoting different prices, or terms and condit ions of sa le, for his products than those actually quoted by such competin~ member. RULE 6. D e famvng Oom,petitors.-No member of this Division shall defame competitors by falsely imputing to them dishonorable con duct, inability to perform contracts, questionable credit standing, or by other false r ep resentation, or by the false disparagement of the grade or quality of their goods. RULE 7. Secret R e bates.-N o m embe r 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 secretly 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 8. 0 01nm,ercuil Bribery.-N o member of this Division shall give, permit to be given, or directly offer to give, anything of value for the purpose of influencing or rewarding the action of any em ployee, agent, or representative of another in relation to the business of the employer of such employee, the principal of such agent or the represented party, without the knowledge of such employer, principal, or party. This provisio n shall not be construed to prohibit free and general distribution of articles commonly used for advertising except so far as s uch articles are actually used for commercial bribery as h ere inabove defined. RULE 9. I naccurate Advert'ising.-N o member of this Division shall publish advertising (whether printed, radio, display, or of any other nature), which is misleading or inaccurate in any material particular, nor shall any memb e r in any way misrepresent any goods (including but without limitation its u s e, trade mark, grade, quality, quantity, origin, size, substance, c haracter, nature, finish, material, con t ent, or preparation) or credit t e rms, values, policies, services or the nature or form of the business conducted . RULE 10. I naccurate R e f erence to Oomp etitors.-No member of the Industry shall publish advertising which refers inaccurately in any material particular to any competitor or his goods, prices, values, credit terms, policies or services . RULE 11. B reac h of Contract.-No m ember of this Division shall induce or attempt to induce the breach of an existing contract be tween a competitor and his customer or source of supply; nor shall

PAGE 15

13 any member interfere with or obstruct the performance of any such contractual duties or services. RULE 12. Threat s of L{JJUJ Suits.-No member of this Division shall publish or circulate unjustified or unwarranted threats of l egal proceedings which tend to or have the effect of harassing competitors or intimidating their cu stomers . RULE 13. Growping of Jobs.-No member of this Division shall group together two or more jobs, either directly or indirectly, to effect a price below cost for any individual job. RULE 14. Oollusion.-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 15. 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 authority as therein definedi unless such owner or other person agrees to comply with the regu ations provided therein governing an awarding authority. ARTioLE VI-FILING OF Bms SECTION 1. Each member of this Division shall file with an independent, impartial agency designated by the Divisional Code Authority, or by the local administrative committee, a signed, true copy of every bid in excess of two hundred dollars ($200.00), or such le sse r sum as may be determined by the Divisional Code Authority for local regions or areas, including all alternates and revisions thereto submitted in connection with all competitive bidding as required by the awarding authority. 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 agep.cy shall tabulate all bids, together with any available 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 proportionate share of the cost of handling, tabulating and distributing such information, but in no case more than one dollar ($1.00) for each bid filed by such bidder. Such bids and tabulations shall be available to the Administrator until the contract is completed. SECTION 3. Upon 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 investigations as will enable it to determine whether this Code of Fair Competition has been violated in the bidding on the job in ques!ion. In the event the Committee of Review shall find that any suc h v10lation has occurred, their findings on the violation, together with a summary of the facts upon which they are based, sha ll be reported

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14 to the local administrative committee or the Divisional Code Authority for such action as may be appropriate. Such findings and summaries shall be available to the Administrator. ARTICLE VII-MODIFICATION Subject to the provisions of sub-paragraph ( c) of Section 2 of subdivision B of Article IV of Chapter I hereof, the provisions of this Chapter except as to provisions required by the Act, may be modified on the basis of experience or changes in circumstances, such modifications to be based upon application to the Administrator and such notice and hearings as he shall specify, and to become effective on his approval. ARTICLE VIII-REGISTRATION Each member of this Division shall register with the Divisional Code Authority within thirty (30) days after the effective date of this Chapter. All who may engage thereafter in the Plastering and Lathing Contracting Division shall likewise register 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 IX-REVIEW OF ACTS OF DIVISION A L CODE AUTHORITY If the Administrator shall determine that any action of the Divisional Code Authority or any agency thereof may be 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 Administrator approves or unless he shall fail to disapprove after thirty (30) days' notice to him of intention to proceed with such action in its original or modified form. ARTICLE X-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 increases, except such as may be required to meet individual cost, should be delayed, but when made, such increases should, so far as reasonably possible, be limited to actual additional increases in the seller's costs. ARTICLE XI-EFFECTIVE DATE This Chapter shall become effective in this Division on the thirtieth (30th) day after its approval by the President. Approved Code No. 2 44-Supplement No. 14. Registry No. 1032-1-06. 0