Citation
Supplementary code of fair competition for the building granite industry (a division of the construction industry) as approved on August 20, 1934

Material Information

Title:
Supplementary code of fair competition for the building granite industry (a division of the construction industry) as approved on August 20, 1934
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:
Granite industry and trade -- Law and legislation -- United States ( lcsh )
Construction industry -- 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. 18 ; Registry No. 1023-01"

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:
004884769 ( ALEPH )
63655041 ( OCLC )

Full Text
UNIVERSITY OF FLORIDA

3 1262 08482 9422lllli1llll ll111 InIIIIII l
3 1262 08482 9422


Supplement No. 18


Registry No. 102,--01


NATIONAL RECOVERY ADMINISTRATION




SUPPLEMENTARY

CODE OF FAIR COMPETITION
FOR THE


BUILDING GRANITE

INDUSTRY


(A Division of the Construction Industry)


AS APPROVED ON AUGUST 20, 1934


hat:


0:


U.S. 0 r'*. : ""' -'* 1.

UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


al by the Superintendent of Documents Washington, D.C Price 5 cents
Nor at by the Superintendent of Documents. Washington, D.C. -- Price 5 cents


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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 ot
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Maiss.: 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, Micl.: 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.
Alemphis, Tenn.: 229 Federal Building.
Minuenpolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphin, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Buildiug.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattl?, Wash.: 809 Federal Office Building.













Approved Code No. 244-Supplement No. 18


SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE

BUILDING GRANITE INDUSTRY

As Approved on August 20, 1934


ORDER

CODE OF FAIR COMPETITION FOR THE BUILDING GRANITE IN)DCUT'rY

A DIVISION (OF THE CONSTRUCTION INDUSTRY

An application having, been duly made purs.iint 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 Construcitin
Industry. a ppr1ovel Jan uary 31. 1934. for approval of Chapter XXII
of said Code. which Ch'aplter XXII is applicable to the Building
Granite Division (of the Construction Industry, and hearings having
been held thereon a(nd the annexed report on said Code, containing
findings with respect thereto, having been made and directed to the
President:
NOW. THEREFORE. on behalf of the President of the United
States. I, Hugh S. Johnsonn, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President. including Executive Order No. 6543-A, dated December
30, 1933. and otherwise; do hereby incorporate by reference said
annexed report and( do find that said Chapter complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said
Chapter XXII be and it is hereby approved and that the previous
approval of said Code of Fair Competition for the Construction
Industry is hereby modified to include an approval of said Code in
its entirety as supplemented by said Chapter XXII; provided,
however:
(a) That the wages and hours established in this Code are ap-
proved only because of the cnmilpetitive conditions with the Lime-
stone Industry d such approval shall not constitute a precedent
for any other Industry, and
(b) That in the event the provisions covering the averaging of
hours of work in the Code of Fair Competition for the Limestone
813SG---104+--86---34 (1)








Industry are stayed or mollified, a similar stay or modification will
be made in this Code; and
(c) That in the event. of revision of other labor )povisions than
those pertaining to the averaging of hours of work of the Code of
Fair Competition for the Lime.-tone Industry, the Code Authority of
the Building Granite Division of the Construction Industry shall
submit re'oimmiendations in respect to making equitable revisions of
the Building Granite Division of the Construction Indu.ttry Code;
and
(d) That within 90 days after the effective dlate of this Code I
may direct, that there be a further hearing on such of the provisions
of said Code as I may designate and that any Order that I may
make after such hearing shall have the effect of a condition on the
approval of said Code.
HIUGH S. JOHNSuN,
A dm.1nisii;trator for li,.d strlial Recovery.
Approval recommended:
GEO. L. BERRY,
Division Ad',- inistirator.
WASHINGTON, D.C.,
August ?20, 1934.













REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on the Building Granite Chapter of the Code
of Fair Competition for the Construction Industry, which is de-
scribed 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 11, 1933,. in accordance with provisions
of the National Industrial Recovery Act. This Chapter amplifies
Chapter I but applies specifically to the Building Granite Division
of the Construction Industry.

PROVISIONS FOR HOURS AND WAGES

Building granite is in direct competition with limestone. The hours
and wages for manual labor for this Chapter are generally the same
as provided in the Code of Fair Competition for the Limestone In-
dustry except that minimum wages in the northern zone are two
cents per hour higher than in the Limestone Code. The hours and
wages for other employees are generally the same as provided in
Chapter I of the Construction Code.

ECONOMIC EFFECTS OF THE CODE

In 1929 there were 11,200 men employed in granite quarries, but
in 1932 the numllber had dropped to 7,600. The men were employed
an average of 190 days in 1932. Wages for laborers of as low as
ten to fifteen cents an hour had been reported for parts of the coun-
try. Available data indicates that the workers engaged in quarry-
ing and processing at the quarries averaged 49 hours per week in
19229, which figure was reduced to 46 hours in 1932. Available data
further indicates that it is reasonable to assume that the 40-hour
maximum average provided by the Code would absorb a large per-
centage of the unemployment in quarrying and processing at the
quarry site. It i reasonable to predict that the establishment of
uniform rates of pay, uniform hours of work, improved conditions
of employment, and a prohibition of unfair trade practices will be
beneficial to all of this Industry, as well as to the employees and the
consullers.
FINDINGS

The Deputy Administrator, in his final report to me on said Build-
ing Granite Chapter of the Code of Fair Competition for the
Construction Inldutry, having found as herein set forth and on the
basis of all the proceedings in this matter;






4

I find that:
(a) Said Building Granite Chapter and said Code of Fair Com-
petition for the Construction Industry, as supplemented by said
Building Granite Chapter, are well designed to promote the policies
and purposes of Title I of the National Industrial Recovery Act, in-
cluding removal of obstructions to the free flow of interstate and
foreign commerce which tend to diminish the amount thereof and
will provide for the general welfare by promoting the organization
of industry for the purpose of cooperative action among the trade
groups, by inducing and maintaining united action of labor and
management under adequate governmental sanctions and 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 tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) Said Building Granite Chapter and the Code of Fair Compe-
tition for the Construction Industry, as supplemented by said Build-
.ing Granite Chapter, as approved comply in all respects with the
pertinent provisions of said Title of said Act, including without
limitation subsection (a) of Section 3, subsection (a) of Section 7,
and subsection (b) of Section 10 thereof; and that the applicant
association is an industrial association truly representative of the
aforesaid Industry; and that said Association imposes no inequitable
restrictions on admission to membership therein.
(d) Said Building Granite Chapter and the Code of Fair Compe-
tition for the Construction Industry, as supplemented by said Build-
ing Granite Chapter, are not designed to and will not permit
monopolies or monopolistic practices.
(e) Said Building Granite Chapter and the Code of Fair Compe-
tition for the Construction Industry, as supplemented by said Build-
ing Granite Chapter, 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
Building (Granite Chapter and of said Code, as supplemented by this
Building Granite Chapter thereof.
For these reasons, therefore. I have approved said Building
Granite Chapter of the Code of Fair Competition for the Construc-
tion Industry.
Respectfully,
HRUGHI S. JOHNSON,
Admim ist'rator.
AUGUST 20, 1934.













CHAPTER XXII


SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE BUILDING GRANITE DIVISION OF THE CON-
STRUCTION INDUSTRY

ARTICLE I-DEFINITIONS

SECTION 1. The term "Building Granite Division of the Construc-
tion Industry or "this Division" as used herein means the selling
andor quarrying, fabricating, finishing, assembling, and/or fitting
of. granite for sale (or for a sale made previously) for architectural
and. or construction purposes.
SECTION 2. The term "granite for architectural and/or construc-
tion purlposes or granite" as used herein include all granite which
is used for ornamental public impnrovemeints, community mausoleums,
buildings, dry docks, bridges, sea walls, foundations, publicly owned
monuments, and all similar types of construction, but does not include
crushed granite.
SECTION 3. The term Subdivision as used herein mean.i and
includes any related industry which hereafter subject to the approval
of the President and the Divisional Code Authority of this Division
may be included hereunder as a subdivision or otherwise.
SECTION 4. The term association as used herein shall mean the
National Buiiiling Granite Quarries Association, Inc.

ARTICLE II -HOURS, WAGES AND CONDITIONS OF EMPLOYMENT

SECTION 1. Hours.-The following are exempt from the provisions
of Section 2B, Article III of Chapter 1 of this Code, relating to
maxililllum hours.
(a) Employees (except those engaged in fitting at the site where
the granite is to be installed who shall be within provisions of said
Section 2B) engaged in manual labor who shall not be permitted
to work in excess of forty (40) hours per week averaged over three
(3) month periods; or in excess of forty-eight (48) hours in any one
(1) week; or in excess of six (6) days in any one (1) week; or in
excess of eight (8) hours in any twenty-four (24) hour period.
(b) Salesmen and Estimators.
(c) Employees engaged in professional, executive, administrative
and supervisory capacity who are not regularly engaged in manual
labor receiving thirty-five dollars ($35.00) or more per week.
(d) Watchmen who shall not be permitted to work in excess of
twelve (12) hours in any twenty-four (24) hour period; or in excess
of six (6) days in any seven (7) day period; or in excess of fifty-six
(56) hours in any seven (7) day period.
I ee parngrapb 2 of order approving this Code.
(5)






6

(e) Firemen, plant engineers, powdermen, loading and shipping
crews who shall not be permitted to work more than two (2) hours
per day in excess of the maximum hours prescribed in (a) of this
Section or in exces: of forty-eight (48) hours in any seven (7) day
period.
(f) Employees engaged in emergency work involving breakdowns
or the protection of life and 'or property.
SECTION 2. Memberl' Irformi)ng Work.-Members of this Divi-
sion who personally perform manual labor or are engaged in mechan-
ical operations shall not exceed the maximum hours prescribed herein
while so working or engaged.
SE(TION 3. If afrf.s.-(a) No employee, except. as hereinafter set
forth, shall be paid at. less than the hourly rates specified in the
following schedule; provided, however, that the provisions of this
Section shall not be construed as establishing a minimum rate of pay
for other than common or unskilled labor; and provided further that
such provisions shall not. be construed to authorize reductions in
existing rates of pay.
(1) When employed in Alabama. Arizona, Arkansas. Florida,
Georgia, Kentucky, Louisiana, Mississippi, New Mexico, North Caro-
lina, Oklahoma, South Carolina, Tennessee, Texas, Virginia., West
Virginia,--thirty cents (30<4).
(2) When employed in California, Colorado, Connecticut, District
of Columbia, Delaware, Idaho, Illinois, Indiann, Iowa, Kansas,
Maine, Maryland. M\assachusetts, Michigan, Minnesota, Missouri,
Montana, Nebraska. Nevada, New Hampshire, New Jersey, New
York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island,
South Dakota, Utah, Vermont, Washington, Wisconsin, Wyoming,-
forty cents (40().
(b) All employees engaged in fitting granite at the site where the
granite is to he in.-tlled shall be paid in accordance with the provi-
.sio.s of Chapter I of this C(tde, or of any other pertinent Chapters of
the Code of Fa:ir Compettition for the constructionn Industry, or of
any pertinent agreemenrt, arrived at and provided in said Chapter I
or Section 7 (b) of the Act.
(C) Employees engaged solely as tool and water boys, and com-
)rising not more than four per cent. (4';.) of the total number of
emplloyee-S (except that. in any 'ase there may be at least one (1)
tool and one (1) water boy), m'ny be paid at not less than eighty
per cent (So'; ) of the hourly wvages prescribed herein.
(d) O ,'r/i,,'.-Ernployees engaged as described in paragraphs
(e) a;nd (f) of Se-,tioi 1 hereof and powdermen and loading and
shippino- crews, shall be paid at the overtime rate of at least one and
one-quarter (11%/) times the normal job rat.- for all hours worked
in ( xcc..- of the daily or wci.kly maxima prescribei in paragraph
(a) of Setion 1 hereof.
(e) Pa./ment.--All mienbers of the Division shall make payment
of all w:igfe diue in aIwful currency or by negotiable check therefore
payable on dem;!nd at pa r. If wages are paid by check, the employer
shall provide reasoinalil facilities for cashing checks at face value
without. charge or discouilnt to the employee. Employers shall also
provide -iuchi iilenttitiiition as is necessary to utilize such facilities.








Wages of employees paid on an hourly ba-sis shall be dlue and
payable at least twice each month. Not more than one week's wages
shall be held in arrears. Wages and salaries shall be exempt from
any payment for pensions, insurance or sick benefits except such as
is voluntarily paid or authorized to be deducted by employees.
The provisions of this Section regarding payment of hourly wages
-hall not apply to persons employed in professional, executive, ad-
ministrative, and supervisory capacity who earn in excess of thirty-
five dollars ($35.00) per week, nor to persons employed in sales,
estimating, clerical or office work. The wages for such person., shall
be due at least monthly.
(f) Rebates.-Members of the Division or their agents shall not
accept, either directly or indirectly, rebates on such wages or give
anything of value or extend any favors to any person for the pur-
pose of influencing rates of wages or working conditions of their
employees, or cause such to be done.
SECTION 4. (_onditions of Employmenet.-(a) Pofst;i.-All mem-
bers of this Division shall post and keep posted ini con-picuous places
readily accessible to all employees complete copies of Chapter I,
General Provisions for the Construction Industry, and of this Chap-
ter of this Code. All members of this Division shall comply with
all rules and regulations relative to the posting of provisions of
codes of fair competition which may from tmne to time be prescribed
by the Administrator.
(b) Safety and Health.--Each member of this Division shall make
reasonable provisions for the safety and health of his employees at
the place and during the hours of their employment. Standards
for safety and health shall be submitted by the Divisional Code
Authority to the Administrator within six (6) iionths after the
effective late of this Code.
(c) Limited Capacity.-Persons whose earning capacities are lim-
ited because of age. physical or mental handicap, or other infirmity,
may be employed on light work at a wage below the minimum estab-
lished by this Code. if the member of this Division who is the em-
ployer thereof obtains from the State Authority, designated by the
United States Department of Labor, a certificate authorizing, suihl
person's employment. at such wages and for such hours as shall be
stated in the certificate. Each i member of the Division shall file
monthly with the Divisional Code Authority a list of all such per-
sons employed by him, showing the wages paid to, and the Imaxinmum
hours of work for, such employee.
(d) Contrl /f i.--(1) No member of this Division shall, directly
or indirectly, let or sublet to any employee or laborer solely the labor
services required by any contract secured by such member, except
where said labor services are compensated at a rate of not less than
the minima prescribed herein or in any applicable agreement ap-
proved as provided in Chapter I of this Code or Section 7 (b) of the
Act.. This shall not. be interpreted to affect or modify the last para-
graph of Chapter I, Article III, Section 2 A.
(2) In no case shall a member of this Division avoid or evade the
labor provisions of this Chapter by contracting for granite with any
person or persons subject to labor provisions less stringent than those
provided in this Chapter.








ARTICLE III-ADMINISTRATION 2

SECTION 1. Code Authority.-A Divisional Code Authority is
hereby constituted to administer this Code within this Division. The
Divisional Code Authority shall consist of seven (7) individuals.
Five (5) members of the Divisional Code Authority shall be mem-
bers or representatives of the Association, appointed by the Board
of Directors of said Association, to serve for terms of one (1) year.
The two (2) remaining members of the Divisional Code Authority
shall be selected on a fair basis from and to represent members of this
Division who are not members of said Association or responsible
thereto. They shall be initially appointed by the Administrator.
Nominations for such appointments shall be made by the Board of
Directors of said Association. Such members shall serve for a term
of one (1) year or until his or their successors have been selected
by the members of the Division who are not members of said Asso-
ciation, according to a method of selection satisfactory to and
approved by the Administrator, or until such member or members
become a member or members of the Association or responsible
thereto, whichever of said periods shall be the less. In the event
no selection by the non-members of the Association of such members
is made within thirty (30) days of the expiration of any such
members' terms, the Administrator shall appoint the successors.
SECTION 2. Rri'wt' of Acts of the Code Auth.ority.-If the Admin-
istrator shall determine that any action of the Divisional Code
Authority or any agency thereof may be unfair or unjust or con-
trary to the public interest, the Administrator to the extent, of his
powers under the Act 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 lie shall fail to disapprove after
thirty (30) days' notice to him of intention to proceed with such
action in its original or modified form.
SECTION 3. Standt,id Forms.-Divisional Code Authority shall de-
vise standard forms of proposals and contracts, which forms shall
protect the rights of buyers and sellers, and apply for the approval
of the Administrator and Construction Code Authority to these
forms.
SECTION 4. D)'.iajiltion of Decpository.-The Divisional Code Au-
thority sliall appoint and maintain a suitable impartial agency as
a depository for bids on granite. The duties of this depository are
as set forth under Article IV hereof or as the Divisional Code
Authority may from time to time delegate to it. Nothing herein
contained shall relieve the Divisional Code Authority of its duties
and responsibilities.
SECTION 5. Code Expensc.-A. It being found necessary in order
to support the administration of this Code and to maintain the
standards of fair competition established hereunder and to effectuate
the policy of the Act, the Divisional Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
2 See paragraph 2 of order ailproving, this Code.








of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code;
(b) To submit to the Admiinistrator for his approval, subject to
such notice and opportunity to be heard as he inny dieni necessary
(1) an itemized budget of its estimated expense- for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed'. by iimibters of the
Division;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all mintubers of the Division, and to
that end, if necessary, to institute legal proceedings tlierefor in its
own name.
B. Each member of the Division shall pay his or its equitable
contribution to the expen-es of the miaintelnince of the Divisional
Code Authority, determined as hereinabove provided, and subject to
rules and regulations pertaining thereto issued by the Administrator.
Only members of the Division complying with the code and con-
tributing to the expenses of its administration as hereinablove pro-
vided, shall be entitled to participate in the selection of members of
the Divisional Code Authority or to receive the benefits of any of its
voluntary activities or to make use of any emblem or insignia of the
National Recovery Administration.
C. The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget, except upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditures in
excess of prior budget estimates except those which the Adminis-
trator shall have so approved.
ARTICLE IY-TRADE PRACTICE RULES
Gen-eral Definition.-Violation of any rule set forth in this Article
shall constitute an unfair trade paLctice. Any member of the Di-
vision who shall, directly or indirectly, use or employ such an unfair
trade practice shall be in violation of the Code. Nothing in the
Article shall supersede or relieve the Divisional Code Authority of its
duties and responsiibilities.

RULE 1. FILING OF BIDS, :ETC., .I'PLICAiL. ONLY TO BIDS AMOUNTING TO
$5,000 OR OVER
(a) Filhig Bid...-Ean.ch member of this Division shall file with or
mail to the depository two (2) ..igned exact duplicate copies, prop-
erly identified, of every bid or revi.sed bid for granite, together with a
list of all contractors and/or others to whom such bid or revised bid
is in any manner communicated. All .u,'h bids shall be filed or
mailed not later than thirty (30) hours before the time set for the
opening of general contract bids when the granite is part of a general
contractor's proposed contract, or not later than thirty (30) hours
before the time set for opening of granite bids wh,-n granite bids are
requested by others instead of through gerne-al contractors. Mem-
bers of the Division shall immediately notify the depository if the
time set for opening of bids hias been ,lhaniiu d.








(b) Opening of Filed BidR.-Not sooner than thirty (30) hours
nor later than seventy-eight (78) hours after the time established in
(a) hereof, for the filing of granite bids, the depository shall open
the filed duplicate bids and mail one (1) signed copy of each bid
to the'recipient of the original of such bid as a confirmation; and
mail to all members of the Division who filed bids, and who have
complied with the provisions of Section 5 of Article III in the
manner prescribed in applicable Executive or Administrative Orders,
a copy of all bids and lists filed as described in (a) hereof. Written
notice of any apparent violation of this Article shall be filed by the
Depository with the Divisional Code Authority.
(c) Revisionfs.-If revisions requiring a change of less than 25%
of the cubic quantity of granite are made in the plans and/or speci-
fications after the original opening of filed bids and or new bids
are called for, only members of the Division who bid originally may
submit new or reviLed bids and such members of the Division shall
immediately send a breakdown of their original bid to the depository,
and if required by the Divisional Code Authority, shall substantiate
the fact that their revised bid is made on the same basis as their
original bid. In case the lowest filed bid (filed originally) amounted
to less than twenty-five thousand dollars ($25,000.00), this para-
graph shall be effective for one hundred and twenty (120) days and
otherwise for one hundred and eighty (180) days from the time
established in Rule 1 (a) hereof for the original filing of bids. If the
revisions require a change of 25% or more of the cubic quantity
of granite, new bids may be submitted by any member of the Divi-
sion at a time as provided for in paragraph (a) hereof.
(d) Culbe.-The total net cubic quantity of granite required by
each bid or revi.sed. bid shall be filed with the bid. The cubic quan-
tity shall be determined by rectangular measure. The rectangular
:meraliure of each piece of granite shall be the cubic volume of the
smallest rectangular box in which said piece can be enclosed.
(e) Filna Conitracts.-Each member of the Division shall file
with the depository true copies of all contracts for granite work
awarded to them within twenty-four (24) hours after the actual
execution of the contract. In the event, a member of the Division
shall begin work prior to the execution of a contract, he shall pro-
ceed on the basis of his filed bid and shall so notify the depository.
Upon execution of the contract he shall file a copy of the contract
as required above. The depository shall immediately report this,
together with contract price, to all known members of the Division
who have complied with the provisions of Section 5 of Article III
in the manner prescribed in applicable executive or administrative
orders.
(f) ConfithJntdal I,1fo~rnat;on.-All information received by the de-
pository shall be kept confidential except as otherwise provided in
this Code and except. that it shall be available to the Administrator
upon his request. The depository shall report. in writing any known
or suspected violation of this Code to the Divisional Code Au-
thority. In no case shall the depository be permitted or required
to open filed bids prior to the time established in Rule 1 (b) hereof,
for the opening of filed bids.
(g) Stock and Quarri.-Each member of the Division shall name
in his bid the stock and quarry on which it is based and if any other








member of the Division is to perform any of the functions defined in
Article I, Section 1 hereof (with the exception of carving), such
nmeiber or members of the Division shall be ianimed in the bid.
(h) Pblns ( ,! Specifie'rifo,,s.-Members of the Division shall bid
on granite only in strict accordance with plans and/or specifications
which state the name and location of the work and of the Architect
and or Engineer. This shall not prevent any member of the Divi-
sion from bidding to any other member of the Division on any
portion of any project. so long as the remaining provisions of this
Code are observed. The naming or describing of any particular
granite in the specifications shall not prohibit any member of the
Division from bidding on the work in other granites, subject, how-
ever, to the provisions of Rule 3 of this Article. All granite, called
for by the plans and specifications, including curbing, paving, flag-
ging and siniilar granite work, with the exception of crushed granite,
shall be included in the bid.
(i) Contract and Bid.-No meinblr of the Division shall accept
and 'or execute any contract. for the sale of granite except in accord-
ance with such members bid for such granite.
(j) Stazdard Forms.-All members of the Division shall use
standard forms of proposals and contracts for granite after they
have been approved by the Construction Code Authority and the
Administrator, except in cases where special forms are prescribed by
competent governmental authority.

RULE 2. DIVISION OF BIDS

In submitting his bid the member of the Division shall clearly state
the exact place and conditions of delivery and if the bid includes any
functions other than those defined in Article I, Section 1 hereof, the
amount included, in the bid for such functions shall be set forth
separately. Each bid may also .tate the price for granite f.o.b. point
of shipment.

RULE 3. BIDDING ON STOCK PRODUCED BY (OTHER MEMBERS OF THE
DIVISION

No member of the Division shall sulbmit a bid based upon rough
stock quarried by another member of the Division without first secur-
ing the consent of that member of the Division or a quotation on the
stock he desires to bid upon, but if special granites are specified,
any one of which amounts to less than five per cent (5%) of the total
granite cube, this shall not apply to such special granite.

RULE 4. CHANGING OF BIDS

For a period of one hundred and twenty (120) days (one hundred
and eighty (180) days if lowest original bid filed was twenty-five
thousand dollars ($25,000) or more) after bids have been opened, no
member of the Division shall change his bid except as herein pro-
vided. Nothing herein contained shall deprive a member of the
Division of any right he iha- to withdraw his bid. In case of a filed
bid, a report of such withdrawal shall be sent immediately to the








Depository and by the Depository to all bidding members of the
Division.
RULE 5. BIDDING ON REVISIONS

None but members of the Division who bid originally may bid
on revisions requiring a change of less than 25%, of the cubical quan-
tity of granite and then only to those to whom they originally sub-
mitted bids, except to contractors or others who did not themselves
bid originally but are making bids on the revised plans and speci-
fications. Bids to such contractors who did not bid originally shall
not be lower than the lowest. revised bid given to original bidders.
In case the lowest filed bid (filed originally) amounted to less than
twenty-five thousand dollars ($25,000), this paragraph shall be
effective for one hundred and twenty (120) days and otherwise for
one hundred and eighty (180) days from the time established in
Rule 1 (a) hereof for the original filing of bids.

RULE G. OPENING IOF- COMPETITIVE BIDDING

The Divisional Code Authority or the Administrator shall declare
the new or revised bidding open to all members of the Division upon
receipt of satisfactory evidence of collusion between any or all
bidding members of the Division or between bidding member or
bidding members of the Division and others.

RULE 7. AGENTS

(a) Each member of the Division shall immediately file with the
Depository established under Article III, section 4, a list of all his
sales agents together with a true and complete statement of all oral
and 'or written contractual relations with each such agent. Informa-
tion regarding such contractural relations is to be available to the
Administrator, and to be otherwise held confidential by the
Deposit(ory.
(b) No member of the Division shall, directly or indirectly, make
any allowance or payment whether in the form of money or other-
wise to hii sales agents except in strict accordance with the true
and complete statement of all oral and, or written contractual rela-
tions with such agent as hereinbefore required.

RULE S. SECRET REBATES, ETC.

No member of the Division shall (except as herein provided) offer
or make any payment or allowance to any purchaser of a rebate,
refund, commission credit, unearned discount or excess allowance,
whether in the form of money or otherwise, or offer or extend special
service or privilege not extended to all customers of the same class,
for the purpose of influencing a sale.

RULE 9. CONTRACT ADJUSTMENTS REQUIRED

No member of the Divikion in the execution of a contract for
granite shall furnish and,/or provide, directly or indirectly, any








-material, labor, or service of any nature in addition to the require-
ments of his existing contract as filed with the depository unless
an equitable adjustment shall have been made to compensate this
member of the Division therefore.

RULE 10. SELLING TO (OTIIERS, ETC.
No member of the Division shall sell to or through any person who
is a member of this Division who resells except on condition that
such person shall agree not, (1) to split commissions directly or
indirectly with any person; (2) to sell or offer to sell granite except
in compliance with all the provisions of this Code.

RULE 11. SALES AND CONTRACTS IN ACCOR:DANCE WITH CODE
No member of the Division shall directly or indirectly sell, offer
to sell, negotiate for the sale of, contract or perform any contract
for granite in violation of this Code.

RULE 12. APPLICATION
The provisions of this Article shall apply to this Division as herein
defined excluding operations therein undertaken in accordance with
bona fide bids made not more than ninety (90) days prior to the
effective date, or contracts entered into prior to the effective date.

ARTICLE V-REGISTRATION OF MEMBIIEER OF THE DIVISION
Each member of this Division within thirty (30) days after the
effective date of this Chapter, shall register with the Divisional Code
Authority. All members of this Division who shall be within the
Building Granite Division thereafter shall likewise register with the
Divisional -Code Authority. Registration of the member, of this
Division shall include the full name and mailing address of such
member. Application may be made by the Divisional Code Au-
thority to the Administrator for an extension of the time limit for
registration by any member of this Division if it appears that the
time limit as provided herein may cause injustice or undue hardship
to any member of this Division.

ARTICLE VI--1M( iIFICATION
Subject to the provisions of Section 2 (c) of Article IVB of Chap-
ter I of this Code, the provisions of this Chapter, exc.pt, as to provi-
sions required by the Act, may be modified on the bsis of experience,
or changes in circumstances, such modifications to be balse, upon
application to the Administrator and such notice and hearing as he
shall specify, and to become effective on his approval.

ARTICLE VII--MANDATORY PROVISIONS OF THE ACT AND REFERENCE
TO PROVISIONS OF CHAPTER I
SECTION 1. Labor P'ro'islion.l of the Act.-Employees ,shall have
the right to organize and bargain collectively through representa-
tives of their own choosing and shall be free from the interference,









restraint, or coercion of members of the Division, 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
employment shall be required as a condition of employment to join
any company union or to refrain from joining, organizing or assist-
ing a labor organization of his own choosing; members of the Divi-
sion shall comply with the maximum hours of labor, minimum rates
of pay, and other conditions of employment, approved or prescribed
by the President.
SECTION 2. Presidentlkd Powe's.-This Code, and all the provisions
thereof, and of any Chapter thereof, are expressly made subject to
the right. of the President, in accordance with the provisions of sub-
section (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 specifically, but without limitation to the right
of the President to cancel or modify his approval of this Code, or
of any addition thereto, or any conditions imposed by him upon
such approval.
SECTION 3. Ri ference to Provisiont of Chapter I.-Provisions of
Chapter I of this Code, including any amendments thereto, or modi-
fications thereof, except as herein specifically provided are specifically
incorporated herein with the same force and effect as if set forth .
herein in full.
ARTICLE VIII-EFFECTIVE DATE .iii:

This Chapter shall become effective on the thirtieth (30th) day '":|i
after the approval pursuant to the Act, and shall apply only within
the forty-eight (48) States and the District of Columbia.
Approved Code No. 24---Supplement No. 18.
Registry No. 1023-01.




." .. i1".'I "r i:.




Full Text

PAGE 1

1111111111~im~111~11i1'1i i11~1r11~111I [1im11 1 11111 3 1262 08482 9422 Supplement No. 18 V Registry No. 1023r-Ol ===================================::::, t.., N A T IONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETIT I ON ' . '. FOR THE BUILDING GRANITE INDUSTRY (A Division of the Construction Industry) AS APPROVED ON AUGUST 20, 1934 WE DO OUR PAfrt UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 i'or ..ale by the Superintendent of Documents, Washington, D.C. Price 5 cents

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This publication is for sale by the Superintendent of Do cuments, Government !>rioting Office, Washington, D.C., and by district offices o f the Bureau ot Foreign and Domestic C omme rce. DISTRICT Ol~FICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga. : 604 P os t Office Building. Birmingham, Ala. : 257 Federal Building. Boston, Mass.: 1 80 1 C ustomh o u se. Buffalo, N.Y.: Chamber of Commerce Building. Charleston , S.C.: Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 N orth Wells Street. Cl eve land, Ohio : C h amber o f Commerce. D a ll as, Tex. : C hamb e r of Commerce Building. Detroit, Mi ch. : 801 First National Bank Building. H o uston, Tex.: C hamber o f Commerce Building. Indianapolis, Ind. : Chamber of Commerce Building. Jack sonville, Fla.: Chan_ibe r o:Ji' Commerce Building. Kansas City, Mo.: 102:8 Ba1timoreAvenue. Lo s Angeles, Calif. : 1163 South Broadway. L ouisv ill e , Ky.: 408 F e deral B.uilding. Memphis, Tenn.: 229 Fet:leral :Building. l\linneapolis, Minn. : 213 Federal Building. N e w Orlean. , La. : Room ~5-A, Customhouse. New York, N.Y.: 734 Customhouse. Norfolk, Va. : 406 East Plume Str eet. Pllilac1elpbin, Pa.: 422 Commercial Trus t Building. Pittsburgh, Pa. : Chamber of Commerce Building. Portland, Oreg.: 215 New Post Office Building. St. L ouis, l\lo.: 506 Oli ve Street. San Francisco, Calif. : 310 Customh o use. Seattl~ , Wash.: 809 Federal Office Building.

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• Approved Code No. 244-Supplement No. 18 SUPPLEMENT A RY CODE OF FAIR COMPETITION F'OR THE BUILD ING GRANITE INDUSTRY As Approved on August 20, 193, 1 ORDER CODE OF FAIR COMPETITION FOR THE BPILDING GnA~I'fE INn c"fRY A DIVISION OF THE CONSTRUCTION IND TRY An application having b e en duly made pursuant to and in full compliance with the provision of Title I of the National Industrial R ecovery Act, approved June 16 , 1933, and pursuant to and in full compiiance with the provision of S e ction 5 of Article VIII of Chapter I of the Code of Fair C0mpetition for the Con truction Industry appro, eel January 31. 1934. for approYal of Chapte r XXII of said Code which Chapter XXII i s applic able to the Buildino Granite Division of the Con struction Industry, nncl h Earing having been held thereon and the annexed report on aid Code , containing findin g with re pect thereto, having been made and directed to the Pre ident: NOWi THEREFORE. on behalf of the Prsiclent of the United State" I, I -Iugh S. Johns on, Administrator for In lustrial Recov e ry, pursuant to authority ve ted in me b~T Executive Order of the President, including Executive Order No. 6543-A, dated Decemb r 30, 1933 and otherwise; do here by incorporate by reference said anne xed report and do find that aid Chapter complies in all re s pects with the pertinent provisions and will promote the policy and purpo e s of said Title of said Act; and do hereby order that said Chapt r XXII be and it ic hereby approved and that the previous approval of said Code of Fair Competition for the Con truction Industry i hereby modified to include an approval of said ode in its entirety a suppl,c,mente l by said Chapter XXII; provided, how e Yer: . (a) That the wage s an l hou1s e tabli h eel in this node ar ap proYed only becau of the c ompe titiY e condition with the Limei:;tone Indu try and . uch approval shall not on,-titnte a pre -lent for any other Industry, and (b) That in the event the provi ion overing th averagino o:f h ours of work in the Cod e of Fair Competition for the Limestone 8138G0-1044-86--34 (1)

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• 2 Industry ar tayed r modified, a similar stay or m tlification will be made in this Code; and ( c) That in the even f revi i n of other l abor pr vi • jon,~ than tho e pertaining to the av raging of hour of work of the Code of Fair Competition for th Lime~ tone Indu try, the Code Authority of the Building Granite Division of the Con t ,ruction Industry hall submit r commendation in re pect to making quit::i ble revi ion of the Buildina Granite Divi ion of the Con truction Indu. tr Code; and ( d) That within 90 days after the effective date of thi Code I may direct that there be a fnrther hearing on uch of the provi ions of said Code as I may de ignate and that any Order that I may make after suc h hearing shall have the effect of a ondition on the approval of said Code. Approval recommended: GEO. L. BEnRY, }!UGH 8. JOHNSON, Adm, inistrator for Industrial R e covery . Division Adniinistrator. WASHINGTON, D.C., August 20, 19 34 .

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REPORT TO THE PRESIDENT The PRESIDENT, The White H ou,se. Sm: This is a report on the Building Granite Chapter of the Cod e of Fair Competition for the Construction Industry, which i s de scribed as Chapter I and which was approved by you on January 31, 1934. This Chapter is a r ev ision afte r a public hearing conducted in Washington on September 11, 1933 , in accordance with provisions of the National Industrial Recovery Act. This Chapter amplifies Chapter I but applies specifically to the Building Granite Division of the Constructi on Industry. PROVISIONS FOR HOURS A_ o WAGES Building ~ranite is in direct competition with limestone. The h ours and wages for manual labor for this Chapter are generally the same as provided in the Code of Fair Competition for the Limestone In dustry excep t that minimum wages in the northern zone are two cents per hour higher than in the Limestone Code. The hour. and wage s for other employees are generally the same a s provided in Chapter I of the Construction Code. ECONOMIC EFFECTS OF THE CODE In 1929 the r e were 11, 200 m en employed in granite quarries, but in 1932 the number had dropped to 7,600 . The men were emp lo yed an average of 190 clays in 1932. '\Vages for laborers of as l ow as ten to fifte e n cents an hour had be e n reported for parts of the country. Availabl e data indica te s that the workers e ngaoed in quarrying and processing at the quarries averaged 49 hours per wee k in 1929 , which figure was reduced to 46 hours in 1932. Available data further indic ates tha.t it is r easonable to a ssume that the 40-h ou r maximum average provided by the Code would absorb a large per centage of the une mploym e n t in quarrying and processing at the quarry ite. It i s reasonable to predict that the establishment of uniform rates of pay, uniform hours of work, improved conditi ons of employm-2nt, and a prohibition of unfair trade practices will be b eneficial to all o f thi Industry, as well as to the employees and the consumers . FINDINGS The D eputy Administrator, in his final r eport to m e on said Building Granite Chapter of the Cod e of Fair Competition for the Construction Industry, having found as herein set forth and on the basi of all the proceeding in this matter; (3)

PAGE 6

r 4 I find that: (a) Said Building Granite Chapter and said Code of Fair Competition for the Construction Indu try, as supplemented by said Building Granite Chapter, are we ll designed to promote t h e policies and purpos-es of Title I of the National Ind ustrial Recovery Act, including removal of obstructions to the free flow of interstate and foreign commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among the trade. groups, by inducing and maintaining united action of labor and n1anagement under adequate governmental anctions and supe nri ion, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity o f industrie , by avoiding undue re striction of production ( except as may he temporarily required), by inc rea sing the consumption of industrial and agricultural products through increasing purcha.sing power, by reducing and relieving unemployment, by improving stan :lards of labor, and by otherwise rehabilitating indu try. (b) Said Indu try normally employs n ot more than 50,000 em ployees; and i s not classified by me as a major industry. ( c) Said Building Granite Chapter and the Code of Fair Competition for the Construction Industry, as s upplemented by said Build-. ing Granite Chapter, as approved comply in all r es pects with the p ertinen t provisions of said Title of said Act, including without limitation s _ ubsection (a) of Section 3, subsection (a) of Section 7, and ubsection (b) of Section 10 thereof; and that the applicant a soc iation is an industrial a ssociation truly r ep re sentative of the afore aid Industry; and that said Associationimposes no inequitable restrictions o n admission to membership ther0in. ( c1) Said Building Granite Chapter and the Code of Fair Compe tition for the Construction Industry, as s upplemented by said Building Granite Chapter, are n o t designed to and will not p ermit monopolies or m onopo listic practices. ( e ) Said Building Granite Chapter and the Code o:f Fair Competition for the Construction Industry, as supplemente d by said Building Granite Chapter, are not cl ignecl to and will not eliminate or oppress sma ll enterprises and will not operate to discriminate ag ainst them. (f) Those engaged in other ste p s of the economic process have not been deprived of the right to be heard prior to approval of said Building Granite Chapter and of said Code, as supplemented by this Building Granite Chapter thereof. For these r ea ons, the r efore, I have approved said Building Granite C hapter o:f the Code o f Fair Competition for the Construction Industry. Respect ull y, AUGUS T 20, 1 934. Ruan S. JOHNSON, Adniinistrator.

PAGE 7

CHAPTER XXII SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE BUILDING GRANITE DIVISION OF THE CONSTRUCTION INDUSTRY ARTICLE I-DEltI ITIONS SECTION 1. The term" Building Granite Division of the Con. truc tion Indu try ' or "thi Division" as use l herein means the selling and/or quarrying, fabricating, finishing, assembling, and/ or fitting of. granite for sale ( or or a. sale made previously) for architectural and/or con truction purposes. SECTIO~ 2 . The term ' granite for architectural and/or construction purpose " or" granite" as used herein includes all granite whicI\ is used for ornamental public improvements, community mausoleums, building , dry docks, bridges, sea walls, foundations, publicly owned monuments and all similar types of construction, but does not include cru heel granite. SECTION 3. The term "Subdivision" as used herein mean and includes any related indu try which hereafter subject to the approval of the Pre ident and the Divisional Code Authority of this Division may be included hereunder as a ubclivision or otherwise. SECTIO~ 4. The term "association" a. u ed herein shall mean the National Building Gra.nite Quarries Association, Inc. ARTICLE II 1-HouRs, ,VAGES AND Co :NDITIONS OF EMPLOYMENT SECTION 1. H O 'Urs.-The following are exempt from the provisions of Section 2B Article III of Chapter 1 of this Code, relating to maximum hour . (a) Employees ( except those engaged in fitting at the site where the granite is to be installed who shall be within provisions of said Section 2B) engaged in manual labor who shall not be permitted to work in exces of forty ( 40) hours per week averaged over three ( 3) month period ; or in excess of forty-eight ( 48) hours in any one ( 1) week; or in excess of six ( 6) days in any one ( 1) week; or in exce s of eight (8) hours in any twenty-four (24) hour period. (b) Sale men and Estimators. ( c) Employees engaged in professional, executive, administrative ancl supervisory capacity who are not regularly engaged in manual labor receiving thirty-five dollars ($35.00) or more per week. ( cl) ,,r atchmen who shall not be permitted to work in excess of twelve (12) hours in any twenty-four (24) hour period; or in excess of ix (6) days in any seven (7) day period; or in excess of fifty-six ( 56) hours in any seven (7) day period. 1 See paragraph 2 of order approving this Code. (5)

PAGE 8

6 (e) Ffremen, plant no-ineers, powclermen, loalinoancl . hipping er w who shall n t b I ermitt d to work more than two (2) hour. per day in exce f the maximum hours pre. cribed in (a,) of this Section or in ex e.:: f forty-ciaht ( 4 ) hours in any eve n (7) cla p riod. (f) Employ e engaodin m rg n y work in lvino bre kl wn~ or the protection f lif and/or property. SECTION 2. ~1 fmber P >rf arming W orlc.-lH mber of thi Divi. ion ,rho per.onally perform manual labor r ar enaag din mechanical operation hall n t e ::ceed th maximum hour I re crib l her in whil workinor engao-e l. SECTION 3. 1T~g ... -(a) No employ e, ex pt as her inaftcr . t forth, hall be paid at le s than th hourl rate pecifi cl in th following chedule; provide 1, howeYer, that the pr vision f thi e .tion hall n t be con trued a. e ta bli. hing !) minimum rat of pay for othet than common or un killed labor; and provide d furth r that u h provi. ion . hall not b on tru cl to anthorize reduction in existing rate of pay. (1) "'\Vhen employed in Alabama Arizona Arkan a Florida, Georgia, Kentucky Loui iana, Mi -is ippi, ew M xico, rth Carolina., Oklahoma, outh arolin , Tenne see , Texa , Virginia ,v e t Virginia,--thirty cents (30 ). (2) vVhen employed in alif rnja, Colorad , Connectic'11 , Di trict of Co]nmLia, Delaware, Idaho IllinoiIn liana Iowa, Kan a , J\1aine, lVIa.rybnd, lVIa sachu ett. , Michigan, Minnesota, 1 ouri, Montana, Nebra ka, evada, New Hamp. hire, New Jer ey, ew York: North Dakota, Ohio, Oregon, Penn, ylvania, Rhode I land, South Dakota, Utah, V rmont, vVashington, "\Vi consjn, Wyomino,forty cents ( 40). (b) All emplo yees engaged in fitting granite at th . iv, w h re the granite is to b e jnc;faill c1 s h all be paid in accorcla11c with th0 pro iions of Chapter I o f thi Code, or of any other pertinent Cl apters of the oclc of F nir Comp tition for the Con truction Irn1n try, or of any pertirient a g r e0ment arriv . d at and provided in sajcl Chapter I or f'ection 7 (b) of the Act. ( c ) Employees en o-agecl solely a tool and wn ter boys an 1 compri ing 1.ot more tha1, four p e r ient ( 41;() of the tobtl number of mpJoyee ( exc0pt that in any cas e there may b e at l east one (1) tool an l one (1) water boy) may l e paid Dt not le than eicrhty per cent ( 0 % ) of the hourly wag"s prescribe 1 herein. ( d) Ov erti nic.-Ernployees e ngaged as de cribecl in para araphs ( e) nnd ( f) of ection 1 h"'r of an 1 powclermen and loading ::ind , hippjng cre w s . hall be pn.icl at the ov rtime rate of at least ne and one (Jnarter (ll/4) times the normal j ob ra :for all hour worked in exces;; of the daily or weekly maxima pre. -rihe.d in paragra1 h ( a ) of ection 1 hereof. ( ) f ayrneni7.-~ Ul mernb r of th Did ion 1a:hal make payment of n ll waO'e clu0 in l a , ful cu rren y or by negotiable r he k the r for payabl on clemnn 1 at par. If ,vao. ar paid by ch c k the mployer -lu 11 proYide r a onal l e facili ies for ca ~hing h e k at fac valu without charge or Llis onnt to the emp1 oye . Emplo 1er hall al o provide nch identification as is n c0 • ary to utilize uch :fuciliti . .

PAGE 9

7 ,v ages of employee paid on an hourly b , is hall be du and payable at lea t twic a h n~onth. Not mo_re than on week' . wa~>" s hall be h ld jn arrear . ,v aies and salan shall b e. emr t from any payment for pen ion , in ' Urance or ick benefit xccpt uch as i v lnntaril pail or auth rizecl t, b d lu"te lb~ cmpl ye . Th pro-\ri ion of thi. e.ction regar Eng I ayment of hourly wag s hall not apply t per n mployed in profe ional ex cutiv , admini. tratiYe and upervisory capacity who earn in xce of thirty.five cl llar ( 35 . 00) per \Yeek, nor to per on employed in sales, timating lcrical or office work. The wage for such p rson hall be due at lea t monthly. (f) R bates.-Member of the Division or their agents hall not accept either directly or indirectly rebate o n suc h wa(Te or give anything of value or extend any favors to any person for th pur pose of influencing rate of wage or working conditions of their empl oyees or cau nch to b e lone . ECTION 4. Conditions of Employnient.-(a) Po sting.-All mem ber, of thi Division shall po t and k eep po ted in con. ~ picuous places readily acce~sib l e to all empl oyee comp l ete cop ie s of Chapter I, General Provisions for the Con truction Industry and o f this Chap ter of this Code. All members of this Division shall comply with all rules and regulations relative to the posting of provi ions of codes o:f fair competition which may from time to tim'-' be prescribed by the Administrator. (b) Safety and H ealth.-Each member of thi Divis ion shall make reas onable provi ions or the afety and health of hi emplo yees at the place and during the h ours o-f their employment. Standards for af ety and health shall b e submitted by the Divi ional Code Authority to the Admini trator within six (6) months after the effective late of this Code. ( c) L im,ited Oapaoity. Per. ons whose earning capacitie are limited becau e of age, phy ical or m ntal handicap, or other infirmity, n1ay be employed on light work at a wage b e low the rninimmn e tabIi hed by this Code, if the member of this Divi i on who is the 0111ployer thereof obtain from the State Authority, de ignated by the United States Departm nt of Labor, a certifica t e authorizing such person's employment at suc h "TI'age and for s u ch hours as , hall be tated in the c0rtificate. Each member of the Divi ion shall file monthly with the DiYisional Code Authority a list of a ll such person employed by him, showing the wao-e, paid to, and the maximum hour of work for, suc h emplo"' ; ee. (d) Oonfra.cting .-(1) No member of this Division shall directly or indirectly let or ublet to any employee or laborer solely the labor servi es required by any contract . ecured by such member, except where said labor s0rvi ces are compensa ted at a rate of not le s than th minima prescribed h rein or in any applicabl_ e aoT• eem0nt ap proYed a provided in Chapter I of thi Code or Section 7 (b) of the Act. This hall not be interpreted to affect or modify the la -t paragraph of Chapter I .Article III e cti n 2 A . (2) In no ca :liall a memb r of thi Divi ion avoid or evad e the labor provision. of thi Chapter by contracting for granite with any person or per ons ubject to labor provi ions l e s stringent than those provided in this Chapter.

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8 AnTI LE IIIDMI 1 TRATION 2 SECTION 1. Cod Autho1'ity.Divi ional Cod Auth rity is hereby constituted t admini:--d er thi. od within thi. Divi ion. The Divi 10nal Code Authodty . hall consi -t of c: , en (7) indivi lual.. Five ( 5) memb r of the Divi. ional le uthnrit. hall b m mbers or repr sentati e of the A iati n appoint l by th Board of Director of aid As ociation to "erv for t rms of on (1) e-ar. The two (2) remainin member of the DiYi ional o le Authori y shall be selected on a fair ba i from and tor pre ent m mb0r ~ f thi Di vision who are not m embe r . of . aid A ociation or r pon ibl thereto. They hall be initi-ally appointed by the A lmini trator. Nomination for uch appointment, hall be made by th Boar l of Directors of , aid A sociation . Such m mber hall . erve for a term of one (1) year or until hi or their . ucce or have b en selecte 1 by the memb r of th Divi. ion who are not memb r of aid A o ciation, ac cording to a m et hod of selection ati fa tory to and approv d by the Administrn.tor, or until s uch member or member becon1e a member o r member of the A ociati n or re pon ible thereto, whichever of said period shall be the less. In the event no selection by the non-memb e r of the A ociation of uch member i s made within thirty (30) days of the expiration of any uch member ' term , the Admini trator shall apr oint the . ucce or..,. SECTION 2. R view of Acts of the Cod e Author~ity .-If the Admin istrator shall det ermine that any action of the Divi ional Co le Authority or any agen y thereof may be unfair or unju t or contrary to the publi interest, the Administrator to the extent of hi power under the Act may require that uch action be u pended to afford an opportunity for inve tigation of the merits of uch action and furth0r consideration by the Divi ional Co le Authority or agency pending final a tion which hall not be eff e ctiYe unl the Administrator approves or unle he hall fail to cli:approYe after thfrty (30) clay ' notice to him of intention to proceed with u ' h action in its original or modified form. SECTION 3. Standa1 = d Form .-Divi ional Code Authority hall de vi e standard form o f pro po al and on tract , V,' hid1 forms hall protect the right of buyer and ellers, and apply for the approval of the Administrator and Construction Code Authority to the forms. SECTION 4. D esignation of D epository.-The Divisional Code Au thority shall appoint and maintain a . uitable impartial agency a a depository for bids on granite. The dutie of thi depo itory ar as set forth under Article IV h ereo f or as the Divi ional Code Authority may from time to time del o-ate to it. Nothing her in contained hall r e liev e the Divisional Code Authority of it duti . and re ponsibilitie . SEcTio 5. Ood e E x p ense.-A. It beino found n ece ary in order to support the admini tration of thi fode and to maintain the standards of fair competition e tabli heel hereunder rmd to effectuat the policy of the Act the Divi iona l Code Authority i authorized: (a) To incur uch rea o nabl e obligation . as are nec e sary and proper for the foregoing :i; urp s e and to nieet such obligations out 2 Sec pnragraph 2 of order appr ovin"' this Code .

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9 of .funds whic h may be r a i ed as hereinafter provided an 1 which shall be held in trust for the purpose of the Code; (b) To submit to t h e Admini trat r for his approval , subject to such notice and op portunity to be h a r d a h e may de e m n ece ary (1) an itemiz e l bud_?et of its estimated expen e fo r the f regoing purpo "S, and (2) a n equitable b a i s upon which the fund n ece , sary t o upport s uch budget shall be contrib u ted by membe r s o f the Divi ion; ( c) Afte r s uch budge t and ba sis of contribution have been approve d by the Administrator, to determine and obtain equitable c ontribution as above set forth by all members of the Divi ion, and to ihat end, if ne ces ary, to institute l ega l proceedings the r efor in its own name. B. Eac h m e mber o:f the Divis i o n shall pay his or it equitab le contribution to the exp n ses of the mainte:nanc of the Divisional Code Authority, d etermined as h e reinabo ve provided, and sub j ect to rules and regulations pertaining thereto i ss u e d by the Administrator. Only members of the Division complying with the code and con tributing to the expense o f its administration as h e r einabove p ro vided, shall be entitled to participate in the sel ection of members of the Divisional Code Authority or to r ece i ve the benefits of any of its voluntary activities or to 1nake u se o f any emblem or in ignia o:f t h e National Re covery Administration. C. The Code Authority shall neither incur nor pay any obligation in exce s o f the amount thereo f as e timated in its approved budget, e xcept upon approval of the Administrator; and no subse quent budge t shall contain any deficiency ite m for expen litures in exce ss of prior bu 1get e stimates e x cep t those whi c h the Administrator shall have so approved. ARTICLE IV-TR \DE PRACTICE R ULES General D efinition.-Violatio n of any r u l e set forth in this Article shall constitute an unfair trade practice. Any memb e r of the Divi ion who s h a ll, directly o r indirectly, 11 e or empl oy suc h an unfair trade practice shall b e in violation o f the Code. Nothing in the Article s h all super. e d e or relieve the Divis i ona l Code Authority of its duties and n'lspon sibilities. RULE 1. FILING OF BIDS, ETC. , APPLICABLE ONLY TO BIDS AMOUNTING TO $G,OOO OR OVER (a) F iling Bids.-Each memb e r of this Division shall fi]e with o r mail to the deposi tory two (2) s igned exact duplicate copies, properly ide ntified, of every b i d or revis ed bid or granite, t ogether ,Yith a list of all con tract o r s a nd/or other t o whom such bid or revi ed bid is in any manner communicated. All such bids shall be filed or mailed not later than thirty (30) hours befor the time set for the opening of ge neral contract bids when the oTanite i part of a general contractor's propo ed contract, or not later tha n thirty (30) hours b efore the time se t for opening of granite birls when granite bi ls are r eq u ested by others in -teacl of throuol1 general contractors . M em bers of the Division hall immediately notify the clcposi tory if the time set for opening of bids has been changed.

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10 (b) Openin g of Filed Bids.-Not sooner than thirty (30) hours noi~ later than seventy-eight (78) hours after the time establi hed in (a) hereof, for the filing of granite bids the depository shall open the filed duplicate bids and mail one (1) signed copy of each bid to the recipient of the original of such bid as a confirmation; and mail to all members of the Divi ion who filed bids, and who have complied with the provision s of Section 5 of Article I I I in the manner pre cribed in applicable Executive or Administrative Orders, a copy of all bids and lic::ts filed as described in (a) hereof. Written notice of any apparent violation of thi Article shall be fil ed by the Depo itory with the Divisional Code Authority. ( c) Revisions.-If reYisions requiring a change of le,ss than 25o/c of the cubic quantity of granite are made in the plans and/ or peci fication after the original opening of filed bid and/ or new bids are called for, only members of the Division who bid originally may sub1nit new or revised bids and uch members of the Division shall immediately send a breakdown of their original bid to the depository, and if requfred by the Divisional Code Authority shall substantiate the fact that their revised bid is made on the same basis as their original bid. In ca e the lowe t fil e d bid (fi l ed originally) amounted to less than twenty-five thousand dollars ($25,000.00), this paragraph shall b e effective for one hundred and twenty (120) days and otherwis e for one hundred and eighty (180) days from the time established in Rule 1 (a) hereof for the original filing of bids . If the revi s ion s r equire a change of 25 % or more of the cubic quantity of granite, n ew bids may be submitted by any member of the Divi sion at a time as provided for in paragraph (a) hereof. ( d) Oub e.-The total net cubic quantity of granite required by each bid or reYi sed bid hall be filed with the bid. The cubic quantitv hall b e determined by rectangular measure. The rectangular mea ure of eac h piece of granite shall be the cubic volume of the smallest re ctangular box in whic h said piece can be enclosed. (e) F iling Oontracts.-Each member of the Division shall file with the depository true copies of all contracts for granite work awarded to them within twenty-four (24) hours after the actual execution of the contract. In the event a member of the Division shall b egi n work prior to the execution of a contract, he shall proceed on the ba is of his filed bid and hall o notify the depo itory. Upon executio n of the contract he shall file a copy of the contract as required abon ~ . The depository shall immediatel y report this, together with contract p . rice, to all known members of the Division who have complied with the provisi ns of Section 5 of Article III in the manner prescribed in applicable executive or administrative orders. ( f) Uonfidentwl l nformation.-All information received by the depository shall be kept confidential except as otherwise provided in this Code and excep t that it .::hall b n availab l e to the Administrator upon hi reque..,t. The depository shall report in writing any kI_1own or su pected v iolation of thi Code to th Divisional Code Authority. In no ca e shall th depository b0 permitted or required to op e n filed bid. prior to the time established in Rule 1 (b) he r eof, :for the opening of filed bids. (g) Stock and Qwarry.-Each memb e r of the Division shall name in hi. bid the s to c k and quarry o n whi c h it i s ba eel and if any other

PAGE 13

11 .member of the Division is to perform any of tl~e uncti9ns defined in Article I, Secti n 1 hereof ( with the exception of carvino'), such member or member of the Division hall be named in the bid. (h) Plans and Specifications.-lVIembers of the Division shall bid on granite only in strict accordance with plan and/or specifications which state the name and location of the work and of the Architect and/or Engineer. This shall not prevent any member of the Division from bidding to any other member of the Division on any portion of uny project so long as the remaining provision of this Code are observed. The namin or describing of any particular granite in the specifications hall not prohibit any member of the Division fr01n bidding on the work in other granites, subject, how ever to the provisions of Rule 3 of thi Article. All granite, called for lJy the plans and pecifications, including curbing, paving, flagging and imilar granite work, with the exception of crushed granite, shall be included in the bid. (i) Contract and Bid.-No member of the Division shall accept and/or execute any contract for the sale of granite except in accord ance with sucl~ members bid for such granite. (j) Sta.ndard Fornis.-All members of the Division shall use standard forms of proposals and contracts for granite after they have been approved by the Con truction Code Authority and the Administrator, except in case where pecial forms are prescribed by competent governmental authority. RULE 2 . DIVISION OF BIDS In submitting his bid the member of the Division shall clearly state the AXact place and conditions of delivery and if the bid includes any functions other than those defined in Article I, Section 1 hereof, the amount included in the bid for such functions shall be set forth s0parately. Each bid may also state the price for granite f.o.b. point of shipment. RULE :3. BIDDING ON STOCK PRODUCED BY OTHER l\'IEl\IBERS OF THE DIVISION .r o member of the Division shall submit a bid based upon rough stock quarried by another , member of the Division without first securing the consent of that member of the Division or a quotation on the stock he desires to bid upon, but if special granites are specified, any one of which amounts to les s than five per cent ( 5 % ) of the total granite cube, this shall not apply to such special granites . RULE 4. CH ~NGING OF BID S For a period of one hundred and twenty (120) days (one hundred and eighty (180) days if lowest original bid filed was twenty-five thouc:and dollars ($25,000) or more) after bids have been opened, no n1ember of the Di vision hull change his bid except as h erein pro vided. Nothing herein contained shall deprive a member of the Division of any right he has to withdraw his bid. In case of a filed bid, a report of such withdrawal shall be s ent immediately to the

PAGE 14

12 Depository and by the Depository to all bidding members of the Division. RULE 5. BIDDING ON REVISIONS Non e but members of the Division who bid originally may bid on revi sio n s r equiring a change of less than 25% of the cubica l quantity o f granite and the n only to those to whom they originally sub mitted bids, except to contractors or othe r s who did not themselves bid originally but are making bids on the revi s ed plans and s peci fications. Bids to s uch contractors who did not bid originally shall not be lower than t h e lowest revised bid given to original bidders. In case the l owest filed bid ( fil e d originally) amounted to less than twenty -five thousand dollars ($2 5 , 000), this paragraph shall be effective for one hundred and t w enty ( 120) d a ys and otherwise for one hundred and e i ghty (180) days from the time e stablished in Rule 1 (a) h e r eof for the original filing of bids. RULE G . OPENING OF COMPETITIVE BIDDING The Divi ional Code Authority or the Administrator shall declare the n ew or r ev ised bidding open to all m embe r s of the Division upon r eceipt o f atisfactory evidence of collusio n b etwee n any or all bidding member of the Div i io n or between bidding member or bidding members of the Division and others. RULE 7. AGENT S ( a) Eac h member of the Division hall immediately file with the D epos itory estab li heel under Articl e I II, sect i on 4, a list of all his sa les agent together ,, ith a true and comple t e statement of all oral and/or written contractura l relati o n s w i t h eac h uch agent. Information regarding suc h contractura l relations i s to be avai labl e to the Aclmini.strator, and to b e otherw i ~ e h eld con fidential by the D epository. (b) No member of the Divi ion shall~ di rectly or indirectly, make any all wance or payment whether in the form of mo n ey or other wise to his sal es aaents ex cept i n strict accordance with the true and complete statement of a ll oral and/or writte n contractural rel a tions with such agent as hereinbe.fore required. RULE 8 . SECRET REBATES, E TC. No member o f the Divi ion shall ( except as herein provided) offer or make any payment or allo wa nce to any purcha er of a, rebate, refund, commission credit, unearn e d discount or excess allowance, whether in the form of money or otherwise , or offer or extend special service o r privilege not extended to all c ustom ers of the same class, :for the purpose of influencing a sale . RULE 9 . CONTRA.C T ADJUSTMENTS REQUIRED No m embe r of the Di vi,sion in the execution of a contract for granite shall furnis h and/or provide, direc t l y or indi rectly, any

PAGE 15

13 material, labor, or service o-f any nature jn addition to the require-1nen ts of his existing contract as filed with the depository unless an equitable adjustment hall have been made to compensate this member of the Division therefor. RULE 10. SELLING TO OTHERS, ETC. No member of the Divisio n shall sell to or through any per. son who is a member of this Division who resells except on condition that suc h person shall agree not, (1) to split commiss i ons directly or indirectly with any person; (2) to sell or offer to sell granite except in compliance with all the provi,sions of this Code. RULE 11. SA.LE AND COr'TRACTS IN ACCORDANCE WITH CODE No m e1nber o.f the Division shall directly or indirectly sell, offer to sell, negotiate or the sa l e of, contract or perform any contract for granite in violation of this Code . RULE 1 2 . APPLICATION The provisi on s o:f this Article shall apply to this Divis i o n a s herein defined excluding operations th"rein undertaken in accordance with bona fide bids made not more than ninety (90) days prior to the effective date, or contracts en tered into prior to the effective date. ARTICLE V-REGISTRA TION OF' MEMBERS OF THE DIVISION E ac h member of this Div i . ion within thirty ( 30) days after the effective date of this Chapter, shall register with the Divisional Code Authority. All m em b ers o f this Divis i o n who h a ll be within the Building Granite Division thereafter sh all likewise register with the Divis ional Code Authority. R egi tration of the member of this Division shall include the full name and mailinoaddre s of s uch member. Application may be made by t h e Divisional Cod e Authority to the Administrator for a n exten sion of the t ime limit fo r registration by any member of thi Divi ion if i t appea r s tha t t~e time limit as provided h erein may ca u se injustice or undue hardship to any member of this Division. AnTICLE VI-1\1omFIC ATION Subject t o the provisi ons of Section 2 ( c) of Article IVB of Cha 1~ ter I of this Code, the provision s of this Chapter, e xc~pt a to p~ov1sions r equired by the A c t, may be modified on the b as i s of e x perie nce or changes in circumstances, such modifications to b e ba~ed upon application to the Admini strator and s uch notice and h earing a he shall specify, and to become effect i ve on hi approv al. ARTICLE VII-MANDATORY PROVISIONS OF THE A c T AND REFERENCE TO PROVISIONS OF CHAPTER I SECTION 1. L abor Pr o v ision s of th e .Act.-Emplo yees shn.ll h av e the right to organize and bargain collectively thro u g h _ representative. of their own choo s in g and , hall be free from the interference,

PAGE 16

14 restraint or coercion of members of the Division, or their agents, in the de ignation of such representatives or in self-organization or in other concerted activitie s for the purpose of collective bargaining or other mutual aid .or protection; no employee and no one seeking employment hall be required as a condition of employment to join any company union or to refrain from joining, organizing or assisting a labor organizati on of his own choosing; members of the Divis ion hall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment, approved or prescribed by the Pres id e nt. SECTION 2. P1esidential Powers.-This Code, and all the provisions thereof, and of any Chapter thereof, a r e expressly made subject to the right of the P r esident, in accordance with the provis ions of sub section (b) of Secti on 10 of the Act, from time to time to can{:el or m odify any order, approval, licen se , rule or regulation issued under Title I o f the A c t and spec ifi cally, but without limitation to the right of the President to cance l or modify his approval of this Code, or of any addition thereto, or any conditions impos e d by him upon such approval. SECTION 3. R e f ere nc e to P r ovwions of Chapt er /.-Provisions of Chapter I of this Code, including any amendments thereto, or modification s thereof, except as h erein specifi cally provided are specifically incorporated h erein with the same force and effect as if set forth here in in full. ARTICLE VIII-EFFECTIVE D ATE This Chapter shall become effect ive on the thirtieth (30th) day after the approval pursuant to the Act, and shall apply only within the forty-eight ( 48) Stat~s and t~e Dis~rict of Columbia . Appro v e d Code No. 244-Supplement No. 1s. Registry No. 1 023-0 1. 0