Citation
Code of fair competition for the river and harbor improvement industry as approved on May 18, 1934

Material Information

Title:
Code of fair competition for the river and harbor improvement industry as approved on May 18, 1934
Portion of title:
River and harbor improvement industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C.
Publisher:
U.S. G.P.O.
Publication Date:
Language:
English
Physical Description:
p. 239-252 : ; 24 cm.

Subjects

Subjects / Keywords:
Stream conservation -- United States ( lcsh )
River engineering -- United States ( lcsh )
Harbors -- Maintenance and repair -- 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:
At head of title: National Recovery Administration.
General Note:
"Approved Code No. 434."
General Note:
"Registry No. 1618-A-02."

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:
004930658 ( ALEPH )
644542365 ( OCLC )

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NATIONAL RECOVERY ADMINISTRATION



C ODE O F FAhIR~ COMPI E TITI ON



RIVER~ ANDI HARBOR

IMPROVEMENT INDUSTRY


SUNIlV. OF- FL USD.


Il*uSTATES
GOVERNMENT PRINTING OFFICE~
WASHINGTON: 1934


For sale by the Superintendent of Documaents, Washington, D.C. - Price 5 cents


Approved Code No. 434


Registry No. 1618--A--02


AS APPROVED ON MIAY 18, 19341


WE DO OUR PART



























This publication is fo~r sale by the Superintendent of Documents, Government
Printing Of~ee, Washington, D.C., and by district offlees of the Bureau of
Foreign and Domest ie Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMlERCB

Atlanta, Ga.: 504 Post Office Building.
Birminlgham,. Ala.: 257 Federal Building.
Boston, Mauss. : 18;01 Custombouse.
Buifalo, N.Y.: Chamber of Commerc~e Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 170)6, 201 North WVells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chiamber of Commerce Building.
Detroit, MIich.: 801 First National Bank Building.
Houston. Tex.: C'hamber of Commerce Building.
Inidianaipolis, Indl.: Chamber of Commerce Building.
Jac~ksonville, Fla.: Chamber of Commerce Building.
K~ansu!s Citg, M~o.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadwfay.
Louisville. Ky.: 408 Federal Building.
Memp~his, Tenn.: 229 Federal Building.
M~inneapo~lis, Minn.: 213 Federal Building.
NewF Orleans, La.: Room 225-A4, Custombouse.
New YorIk. N.Y.: 734 Customhouse.
Norfolk. V'a.: 4106 East Plume Street.
Philadellphin. Pa.: 02 Commercial Trust Building.
Pittsburg~ch, Pa.: Chamber of Conmmerce Building.
Portland, Orego.: 215 Newf Post Office Building.
St. Louis, MUo.: 50)6 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, W'ash.: 809 Federal Office Building.














Approved Code No. 434


CODE OF FAIR COMPETITION
FOR THE

RIVER AND HARBOR IMPROVEMENT INDU1[STLRYI

As Approved on May 18, 1934

ORDER

APPROVING CODE OF ITAIR COMPFETITION RIVER AND HARBOR
IMPROVEMENT INDUSTRY
ALn application having been dulyl madle pursuanrt to and in full
compliance with thle provisions of Tit~le I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Compet~ition for thle River and Harbor Improvement Industry,
and hearings having been duly held thereon and the annexed report
on said Code, containing findings with respect thereto, having been
made and directed to the President:
NOWV, THEREFORE, on behalf of the President of the U.nited
States, I, Hugrh S. Johlnson, Adtministrator for Industrial 1Recovery,
pursuant to authority rested in me byv Executive Orders of th~e
President, including Executive Ordler No. 6i543-A, dated D~ecemnber
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
Hunc S. JOHN;SION,
A dmin istarator for Ind~ustrial Recovery.
Approval recommended :
GrEO. L. BERRY,
Division Admninistr~ator.
WaBsmmaroN, D.C.,
Alay 18, 1934.


60378"---544--114~-34


(239)














REPORT TO THE PRESIDENT


The PRESIDENT,
Thie IV~ite Haouse.
SIn: Thlis is a report on the Code of Fair Competition for t~he
River and Harbor Improvement Industry, revised after a public
hearing conducted in WVashington on December 19, 1933, in accord-
anc~e with provisions of the National Industrial Recovery Act.
THE INDUSTRY

Included in this Industry is dredging, submarine rock removal,
land reclamation, marine and subaqueous work, and the maintenance
and improvement of rivers, harbors and waterways, when such opera-
t~ions are done by marine plant and organization.
PROVISIONS FOR HOURS AND WAGES

The~ Code provides for a maximum week of fortyV (40) hours with
the following exceptions:
(a) Upon approval of the N'ational Industrial Relations Board,
provided for in the Code, employees are permitted to work forty-
e~ight. (48) hours in any week in any of t~he following cases:
(1) On remote and inaccessible projects requiring camps or float-
ing plan-ts to board a majority of the labor employed;
(d2) Ot p rejects of the type described in t~he preceding paragraph
(1,time lost on account of inclement weather or unavoidable delays
in any one week, may be made up in t~he following four weeks;
(3) Onr projects where a sufficient amount of quali~ed labor is not
available ;
(b) _Employees engaged in executive, or supervisory work receiv-
mec thirty-five dollars ($35.00) or more per week;
(c) Employees engaged in emergency maintenance, or emer-
gency repair work, and woatchlmen.
The Code establishes a minimum rate of forty. (40) cents per
hour for Inborers. Office and clerical employees will be paid mmin-
mum rates of from fourteen dollars ($14.00) t~o fifteen dollars
($15.00) per week, based on population differentials.
No person uInde~r eigh~teen (18) years of age shall be employed,
except p~ersons over sixteen years of age may be employed as office
or mess boys. Thle Code provides that no emnploy~er shall reclassify
employees for t~hee purpose of eva(ding the Act. It contains pro-
visions for the adjustment of wages above t~he miinimum, posting
the Clode, and for payment of wages in regrdlar periods.
The establishment of a National Indaustrial Relations Board,
with equal representation for emlployers and employees, is pro-
(2410)







241


vided for to deal with disputes concerning and to seek; compliance
with t~he labor provisions of the Code.
ECONOMIC EFFECT OF THE: CODIE

According to the statistical analysis of the Division of Rtese~arch
and Planning, t~he total v-olume of work done decreased from
$160,0(00,000 in 1929 t~o $04900Oi,000 in 1933. Employees decreased
from~ 46,000 in 1929 to 35,0100 in 11933--a much less decrease than
in ma~ny other industries.
Thle release of funds~ by, the Public W~orks Administration will
do much to stimulate t~he industry and increase employment. T'he
establishment of a forty (40) hour week should inc~rea~s the numb-
ber of employees~ approximately twenty-~five (25) percent in doing
the same relative volume of w~ork as was done prior to signing the
Pres-ident -'s Reem ploymllent. Agreement by this I~ndustry.
The estab~lishmentnt of a minimumn rate of pay and maximum
hours of w~ork will measur~ably benefit worrkers and increase pur-
chasing power. Generally, wages paid by this Industry have~ been
very fair and equritab~le.
FI NDING~S

The Depulty Admninistr~ator in his final report to me on said Code
having found as herein set forth and on the basis of all thel proceedl-
ings in this matter;
I: fnd that,:
(a) Said Code is w~ell designed to promote the policies and pur-
poses of Title I of the National I~ndustrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
comme~r~ce which) tend to diminish the amount thereof and will provide
for the general welfare byr pr'omoting 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 adlequate governmental sanctions anld supervision, by eliminat--
ing unfair compe~titive prIacCice~s by promoting the fullest possible
utilization of thle present. pr~oductive! capacity of industries, by a~void-
ing undue restriction of production (~ex~cept as mnay be temporarily
requirede, by,3 increasing t~he consumption of industrial and agricul~-
tural p~lroducts through increasing purchasing power, by reducing
and reliev\ingr unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said indlustryr normallyS employs not more than 50,000 em-
plo~yees; and is not declassified by me as a major industry.
(c) The Code as alpprove d complies in all respects withn thne per-
tinent provisions of said Title of said ALct, including without limni-
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 103 thereof ; and t~hat the applicant associ-
ation is an industrial association truly~ representative of the aforesaid
Industry; and that said association imposes nlo inequitab~le restric-
tions on admission to membership therein.
(d) Th~e Code is not designed to and will not permit monopolies
or monopolistic practices.







242

(e) The Code is not designed to and will not eliminate or optpres
small enterprises and will not operate to discriminate against hm
(Pf)eThose engage in other steps of the economic process have not
beendepive oftheright to be heard prior to approval of said Code.
For these reasons, therefore, I have approved this Code.
Respect fully,
HowH S. JoRNSON,
A administrator.
MAY 18, 1934.














CODE OF FAI~R COMPETITION F`ORI THIE RIVER ANJD
HARBOR IMIPROYTEMENT INDU~STRYT

PU~RP~OSES
To effectuate the policies of Title I of the National Industrial RLe-
cover~y Ac~t, the following pr'ovisions are established as a Codle of
Fair C~ompetition for t~he River and Hasrbor Improvement Indus-
try, andl shall be the standard of fair competition for this industry
and shal~l be bindlingr upon ever~y member thereof.
A1RTIC'LE I-PPLICATION

The proisio~ns of this Code shall apply to th~e entire industry, as
herein fter defined, excludling operations therein undertaken in ac-
cordlance w~it~h bona fide contracts entered into prior to June 16,
1933. If any other code of fair competition or a provision thereof,
heretofore or hereafter approved b~y the President, shall conflict
with this Code or wit~h any provisions thereof, the Administrator may
hold such~ hlearings as he mayr deem necessary and thereafter may, i
in his judgment justice req~cuires, grant such stay, exception or ex-
emnption, or mak-e such other determination as he may deem advisable
to effectuatee thle policies of t~he Act.
ARTICLE II--DEFINTHONTS
SECTION 1. Thle t~ermn Rivecr and Harbor Improvement lIndus-
try ", or "L The Industry ", as used herein means and includes each
and all of the following operations, (including the use and operation
of tugs and la.unches em~ployed as tenders in connection therewith),
when done by marine plant and organization:
(a) Dredlgingr;
(b) submanrine rock remo\l, land9 reclamation by dredging, marine
and subaqueous work in rivers, harbors and waterways;
(c) mnaintenance andl improvlement of rivers, harbors and water-
ways ; and
(d) such branches andl subdcivisions thereof as may be included
hereunder writh the approvall of the 1President.
SECTION 3. The termn employee as used herein includes any
person engaged in the industry, however compensated, except a
member of the industry.
SECTION 3. The term employer as used herein includes anyone
by whom any such employee is so compensated or employed.
SECTION 4. The term member of the indurstry includes, but
without limitation, any~ indlividual, partnership, association, corpo-
ration or other agency or form of enterprise w~hirch undertakes,
whether by formal contract or otherwise, to direct, superintend,
coordinate or execute, any of thle operations of the industry.
(2413)







244

SECTION 5. The term "'Associat~ion as herein defined shall mean
the River and Harbo~r Improvement Association of the United,
States.
SECTION 6. The terms "' President ", "LAct and "Administrator "
as used herein shall mean, respectively, the President of the United
States, Title I of thle National Industrial Recovery Act and the
Admninistrator for Industrial Recovery
SECTION 7. '' Population "' for the purposes of this Code shall be
dleterm~ined by reference to the 1930 Federal Census.
ARTICLE III--HOURS AND WFAGES
SEfflON i. ROu/r8.-No employee shall be permitted to work in
excess of fortyv (40) hours in any wneekr, or eight (8) hours in any
twenty-four (24) hour period, with the following exceptions:
(a) On application of the interested parties and after approval
of the Nat~ional Indust~rial Relat~ions Board or Regional Boards
established by it, ain employees may be permitted to work forty-eight
(48) houlrs in any week in any of t.he following cases:
(1) On projects located at. points so remote and inaccessible that
camps or floating plants are necessary for the housing or boarding
of a majority of the Inbor employedj
("2) On projects of the type desenbed in the preceding paragraph
(1), when w~ork~ing time has been lost because of inclement weather
or unavoidable delays in any one w~eeki, in which case such lost time
may be made up in the following four weeks;
("3) On projects in localities where a sufficient amount of qualified
labor is not available in the immediate vicinity of the work*
(b) Employees engaged in executive or supervisory work receiv-
ing compensation at the rate of thirty-five dollars ($;35.00) or more
per week ;
(c) Accountingp, clerical, or office employees;
(d ate~lunenn who shlall not. be permitted to work in excess
of fifty~-six (56) hours in any week or in excess of six (6) days in
any seveitn (7i) day period, provided that there shall be no limnita-
tion upon. thle hours of watchmen housed on thee work;
(e) The maxsiimum hours p>rovided in this Article shall not apply
to employees engia.ged in emer~e~ncy~ maintenance or emergency re-
pair work onl floating equipment involvinga breakdowns, or the pro-
teetion of life or property, but in any such special cases at least
time and onle-half shall be paid for the hours worked in excess of the
daily and/or weekly maximum hours herein provided;
(f) Wh'en it is necessarya t~o transfer plant equipment, materials
or employees between points requiring more than sixteen (16) con-
tinuous hours: to effect the transfer, employees may be permitted to
worlutwelvle (12) hours in any twenty-four (24) for the duration
of t.he transfer a.nd the return trip; provided, however, that an
overtime rate of t~ime and one-half the normal rate be paid for any
hours wo~rrked in excess of t~he maximum hours per day herein estab-
lished. This exception shall apply only to vessels which are so
limited in size as to contain no acconunodations for housing the
crew on three watch operations.
SECTION 2. aOUP&a for' ClericaJ anld Offiee Employees.--No account-
.ing, clerical or office employee shall be permitted to work in excess







245


of forty (410) hours per weekr averaged over a consecutive four (4)
week period.
SECTION 3. Emnploymnen~t by Seuer~al Erre~ployers.--No employer
shall knowingly permit any employee to work any number of hours
which, when totaled withl that already performed forr another em
ployer or employers in this industry, exceedls thie mnaximum~n permitted
herein.
SECTION 4. Wages.--
(a) Vi~nimum~ Warges.--No employees, excluding accounting, office
and clerical employees, shall be paid at less than the rate of forty (40)~
cents per hour, provided, however, that the provisions of this parat-
graph (a) shall not be construedl as establishing a minimum rate of
pay for other than common or unskrilled labor; and provided further
that such provisions shall not be construed to au~thlorize reductions in
existing hourly rates of pay.
(b) Min~in~~ im ~Vm Saloris for C'leicl arnd Ofpee ~Emiployees.--No ae-
counting, office or clerical emnployee shall be paid less than at, the rate
of fifteen dollars ($~15.00)) per wveek in any city of over 500,000 Itppu-
lamtion or the immedliate trade area of such city, nor less than fourteen
and a half dollars ($14l.50) per week in any city of between '35~,~000
and 500,000 population, or in the immediate trade area of such city,
nor less than fourteen dollars ($14.00) per weeke in any city or townr
of less than 250,000 population, or the immediate trade area of such
exty or town.
(c) ParZmenit of Tr'ages.--All wages due shall be payable on a regu-
lar periodical basis and at least semli-mont~hly, in lawful currency, or
by a negotiable check therefor payable on demannd at par. These
wages shanll be exempt from any p~ayments for pensions, insurance or
sick; benefits other t~han those voluntarily paid by employees. -Em-
ployers and their age~nts shall accept no rebate, either dir~ectly or in-
directly on such wages, or give anything o~f value or extend favors to
any person for the purpose of influencing rates of wages or the
wtorkinga conditions of their emiployees.
( d) Piecewr ilk Co mpe~nsatio n..-Th is A rt icle est ablishes a mini-
mum rate of pay regardless of whether an employee is compensated
on a time rate, piecew~orki or other basis.
(e) Liv~ing q~uar~ters anzd Subirstj-zence.- Wh'en living qu arter~s a nd
subsistence are furnished by or at t~he expense of t~he emprloy~~erthe
charge made for such accommodla.t.ions and sub~sistenceshlbei
accordance with applicable existing contract or agreement, or in the
absence of an applicable existing contract or agreement at. such rates
as are prescribed or approved bcy the proper grovernm~ental agency or
agencies, and in any event, not more than one dollar ($1.00) per
calendar day. The minimum hourly rates of pay as defined in thris
Article shall be computed before gi'ving~ etrect to an charge or de-
duction on account of the furnishing by or at the expense of the em-~
ployer of any such living accommodations and subsistence.
(f) Within thirty (30) days ofter the effective date of this Code
(unless adjustment has been made theretofore) each employer shal
adjust all schedules of wages in an equitable manner in view of the
reduction of hours of employment, and preserve wage differentials
reasonably proportionate to those in effect prior to the effective late
of this Code.







246


ARTICLE IV- GENERAL LABOR PROVISIONS
SECrT ION 1. P nroff&FOW8 Of th e A c t.-E mnlplo es nsh ll h ave. t~he right
to organize a~nd bargaain 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 t~he designation of
such representatives or in self-organization or in other concerted
activities for the purpose of collective bargaining or other mutual
atid or protection; no employee and no one seeking employment shall
be required as ,a condition of employment to join any company union
or to reframn from joining, organizing,a or assisting a labor organiza-
tion of his owFn choosing; employers shall comply with the maximum
hours of labor, minimum rates of pay, and other conditions of em-
ployent, approvedl or prescribed by the President.
SectroN 2. State Lates. -This Code! shall not supersede any State,
Federal or local law~s imposing more stringent requirements on em-
players regulating the age or employees, wages, hours of work, or
health~, fire or general working conditions than under this Code.
SECTION 3. RcddGLPsifecatio1.- Em players shrall not. reclassi fy em-
ployees or duties of occupations performed by employees or engage
In any other subterfuge for t~he intent, or puirpose of d~feat~ing the
purposes of the Act. No employee nowr emp~loyed 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 Codle.
SECTION 4. Postinzg.-On and after t~he effective date of this Code
all employers shall post and keep posted in accessible places all prTo-
visions of this Code wFhich affect hours of employment, rates of pay
anld all other labor provisions.
SECTION 5. Staicandads for Safety anld Hearlth.--Ever employer
shall makre reasonable provision for the safety and healthl of his
employees during the hours and at the places of their employment.
Standards for safety a~nd health and sanitary regulations, as well
as living conditions on board dredges. shall be submitted by the Codle
Authority to the Aidministrator within six (6) months after the
effective Idate of this Code.
SECTION 6, Pri0so labor.--Employers shall not employ prison
labor in the execution of the work.
SECTION 7. Al~inlimum age.--No person under eighteen (18) years of
age shall be employed in the industry, provided, however, that per-
sons sixteen (16) years or over may be employed as office boys, mess
boys or water boyrs.
SECTIO)N 8. brmti~nuiity of Emtiploymennt.-E mployer s shall adminis-
ter work inl their charge so us t~o procure the maximlum practicable
continuity of employment for their em~ployees.
SECTION 9. Compiany~C~) e w'ith1 Estabishned Labor Provisi'oll.-W~here
p~ronisions conlcerming hours of labor or rates of payT have been e~t~ab-
lished for specific projects, byP comlpetent governmental authority
or agencies (wThether Fedleranl, State or political subdivisions thereof)
acting in a~ccordCnnee with law, any empl~oyer required to comply and
complying with th~e provisions so~ established shall be relieved of com-
pliance with any conflicting provisions of Article III, or of any
actions taken in anccordan~ce therewrith.
SacTloN 10. Any employer required to comply and complying with
the provisions of a valid labor agreement in force on the effective







247


date shall be relieved to the extent of his legal obligations thereunder
of compliance during the period of such agreement, with any con-
flicting provisions of Article III, or of any actions taken in accord-
anc~e therewith.,
SECTION 11. areta 1 gYe nitelf.-Stancndsrds as to the m a xin imur
hours of labor, mlinimuml rates of pa~y, andl such other conditions of
employment as may be necessary to effectuate the policies of TitleF I
of thze Act in thle industry may be established for any area formrting
an existing district of t~he Corps of Engineers, Unitedl States ArmyJ
by mutual agreements arrived at and pursiuant. to the provisions o)i
Section 7 (b) of the Act, provided thiat the wage and hocur provisions
of such agreements shall not conflict~ wYith. the wage a~nd hour pro-
visions established in this Code.
SECTION 12. Requiremlentis of Subrcontfractors.--No mnemrber of this
industry shall employ awny subeantr~actor or other agency in opera-
tions within thle industry requiring the services of Jaborelrs or me-
chanics on the site of the w~ork; unless such subcontractor or other
agent shall affirmatively covenant to pay at least the established
minimum rate of w~ages herein provided for and work not more than
the maximum hours of employment herein established.
AnRICW: V---ADMIINISTRATION

SECTION I. FU~t~her (O effectuate the policies of the Act there shall
be established a Codle Aulthor~ity for the River a nd Ha rbor Improve-
ment. Industry (her~einafter referred t~o as '" the Code Authlorit~y ")
composed of seventeen (~1) mnemlbers of the. industry eligible under
the provisions of Section 9 of this Article, to be elected as follows:
From each of the following seven Geographical Divisions of the
United States, established by the Corps of Engineers, United States
Army~r:
Northl Atlantic Division
South Atlantic Division
Upper M~ississippi D~ivision
Lower 111ississippi Division
G~ulf of Alexico Division
Pacific Coast Division
Great La kes Di vision
one member shall be elected by the members of the industry in that
division; in addition, eight members of the Code A~uthority shall be
elected by members of the industry from the United States at large,
and the. President and Vice-:Preside~nt from time to time of the Asso-
ciation sha.11 be members ex-officio of the Code Aulthor~ity. Any
member mayg appoint his o~wn alter~nate or representative to act for
him at meetings. The Administ~rator may appoint three non-voting
members of the Code Authority to act as his repr~esentativets, serving
without expense to t~he industry.
Voting mem~ber~s of the Codle Aluthority shall serve for terms of one
(1) year each, providled- that provision may be made in the by-laws
of the CodeP Aulthorit for the staggcermg( of such terms, and the
method of election emnploy~ed for the election of such members shall
be subject to the approval of the BAministrator. The A~ssociat~ion is
hereby designated as an agency for the purpose of arranginlg for the







248


original elections of members of the Code Authority and for any
other such elections not otherwise provided for in the by-laws of the
Code Authority.
SECTION '2. In the event of any vacancy in the membership of the
Code Auth~orityS a special election to fill t.he incomplete terms of such
members shall be called. Notice of the time and place. of each elec-
tion shall be senlt by registered mail to all members of the industry
knowPn to, or ascertainable after a diligent investigation by, the Asso-
ciationi and eligible to vote therent at least twenty (20) days in
advance of such election, and voting at such election may be by per-
son, by proxy, or by letter ballot. Any vacancy in the Code Author-
i~ty shall bec~ filled in such manner as to preserve the representative
character fixed by Section 1 of this Article. Not more thian one '(1)
representative of the eligible members of the industry shall vote at
SnEICTIO 3 In any one of the seven divisions, as5 defined in Sectionlcton
1 of this Article, a divisional code authority, of which thre member
of the Code Authority elected byr the members of the industry within
that division shall be the Chairman, may be formed by the members
of the indu!stry in such division, for the purnrpos of sulpervisingr and
admainistering this Code in such division under sulch powers and
duties as may be delegated to it by the Code Authority.
SIECTION 4. IIH Order that the Code Authority and the divisional
code authorities shall at all times be truly representative of the in-
dustry and in other respects comply with the provisions of the Act,
the Aldministrator may provide such hlearingas as he mary deeem
proper; and thereafter, if he shatll find that the Ciode Authority or
any divisional code authoritJy is not truly representative or does not
in other respects comply wvith the provisions of t~he Aict, may require
an appropriate modification in the method of selection of the Code
Authority or an~y divisional code authority.S
SECTION 5. There shall be no future amendment of the constitu-
tion and by-laws of the Association which will tend to make the
organization not truly representative of the industry as herein de-
fined or which will impose any inequitable restriction upon mnembe~r-
ship. The Associaltion shall submit to the Admiinistrator any amnend-
ments in its Articles of As~rsociation, by-laws, or regulations, if and
when adopted, and such other information as to its membership,
organization and activities as the Administrator may' require to
SfECTIONe the." RrOthing contained in this Code shall constitute the
members of the Code Authority or of any divisioonal code authorities
partners for any purpose. Nor shanll any member of the Code
Authority or of any divisional codie authority be liable in any man-
ner to anyone for any act of any other member, officer, agent., or
employee of the Code Authority or of any divisional code authority.
Nor shall any member of the Codle Authority or of any divisional
code authority, exercising reasoinable diligence in the conduct of his
duties her~eunder, be liable to anyone for any action or omission to
act under this Code, except for his owTn wilful misfeasance or
non feasance.
SECTION 7. PO00078)' an~d Dutl~ies of the Code Aucthorit2'y .-Th Code
Authority FPhall have, in addition to anly other powers or duties







249


conferred upon it elsewhere herein, the following powers iand duties
to the extent permitted by the Act:
(a) It may establish by-laws or rules anmd regulations for the
conduct of its affairs and may appoint such committees, agencies
and representatives and delegate to thlnem such of its poweors and
duties as it may deeml necessary for the proper discharge of its
functions hereunder.
(b) To make from time to time to the Administrator arny recom-
mendations which it deems desirable for moodifications of or addi-
tions to the Code, which recommendations upon the Administrator's
approval and after such hearing as he .may prescribe, shall become
a part of this Code and have full force and effect as provisions
thereof.
(c) Subject to such rules and regulations as the Administ~rator
may issue, to make investigations and surveys concerning the fune-
tioning of and compliance with this Code, the observance of its
provisions incluinglil the collection of reports on hours of work and
rates of compensation and other pertinent matters, whether at the
request of the Admlinistrator or otherwise, and to report its findings
and recommendations to the Administrator wheneveqr necessary or
required.
(d) To appoint a trade practice committee which shall meet with
the trade practice committees appointed under such other codes as
may be related to thle industry for the purpose of formulating fair
trade practices to govern the relationships between employers under
this C~ode arid under such others to the end that such fair trade
practices may be proposed to the Administrator as amendment to
this Code a~nd such other codes.
SECTION 8. It being found necessary, in order to support the ad-
minist~ration of this Co-de and to maintain the standards of fair
competition established by this Code and to effect~uate the policy of
the Act, t~he Code Aluthor~ity is authorized, subject to the approval of
the Administrator:
(a) To incur such reasonable obligntions 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 wFhich
shall be held in trust for the purposes of8 the Coder;
(b) to submit to the Administrator for his ap~provanl, subject to
such notice and opportunity to be heard as he mayv deem necessary,
(1:) an it~emizedl budget. of its estimated expenses for the foregyoingr
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the2
ind ustry;~sc u tan bsso (c) afe uhbdet n ai fcnrbtinhv ena oe
by the Admlinistrator, to determine and secure equitable contribution
as above set. fourth byl all such members of thne industry, and to that
end, if necessary, to institute legnI prce,~tedings therefore in, its
OWH nanme.
SECTION 0. Only members of the industry complying with the
Code and contributing to the expenses of its administration as pro-
vided in Section 8 hereof shall be entitled to participate in the selee-
tion of the members of the Code Authority or to receive the benefit







250


of its voluntary activities or to make use of any emblem or insignia
of the National Recovery Administration.
SECTION 10. Repor~ts.--In addition to information required to be
submitted to the Code Authority, all or any of the persons subject
to th~is Code shall furnish such statistical information as the Admin-
istrator may deemn necessary for the purposes recited in Section 3 (a)
of the Act to such Federal and State agencies as the Administrator
may designate; and nothing in this Code shall relieve any person
of any exist~ing obligation to furnish reports to government agencies.
SECTION ~11 rGGOtio~al Inzdustrfial Rela~tio~ns Board.-There shall be
established by the Adminlistrator a National Industrial Relations
Board for the industry to deal with dispu~tes concerning and to seek
compliance with labor provisions of this Code. Such Board shall
-consist of an equal number of representatives of employers and em-
ployees, who shall choose an impartial chairman, provided that if
such chairman cannot be agreed upon the Administrat~or may, upon
the request of such Board, appoint the chairman. If no truly rep-
resentative labor organization exists, the employee members of such
board m~ay be nominated by the Labor Advisory Board of the Na-
tionzal Recovery Administration and appointed by the Administrator.
The employer representatives shall be chosen by the Code Authority.
The Boardi may- establish regional agencies, similarly formed, in any
existing district of the Corps of Engineers, United States Army.
Pending adjustment of any dispute before such Board, or regional
agencies, such Board or Boards shall use their best endeavors to
prevent cessation of work on account t~hereof.
ARTICLE VI-APPEALS

SECTI`ON 1. AIny- directly interested party shall have the right of
comnplaint to the appropriate divisional code authority, and of a
_prompt hearing and decision in respect of any decision, rule, regaula-
-tion, order or findings made by such authority, under such reasonable
rules or regulations as may be prescribed by such authority.
SECTION 2. In respect of any decision, rule, regulation, order or
finding; made by any: divisional code authority, anydretyitrsd
partyr shall have the right of complaint to theCdiecl Authority ad
of a prompt hearing and decision under such rules of procedure and
proper charges to cover cost of investigation and hearing as it may
prescribe.
SECTION 3. AnyV d'irect~ly interested party shall have the right of
appeal to the Administrator, subject to such rules and regulations
as ~he may Prescribe, in respect to any decision, rule, regulation, or-
der or finding made by the Code Authority.
SECTION4.g The Code Authlorityv shall be empowered to hear dis-
putes betwe-en divisional code authorities, committees, or agencies.
ARTICLE VTII--TRDE PRACTICES

OC3n.eraul Degnrition.-FIor all purposes of the Code the Acts de-
scribed in this Article sh~all constitute unfair practices. Any mem-
ber of the industry who shall dir~ectly or indirectly, through any
officer, employee, agent, or represent~ative, knowingly use, employ,







251


or permit to be employed, any of such unfair practices shall be
guilty of a violation of the Code.
SECTION 1. ~SleCet Rebates.--No member of the industry shall
make any secret payment or allowance of reba~te~s, refunds, com-
missions or unearned discounts, whether in the form of money or
otherwise or secretly extend to certain purchasers special services
or privileges not extended t~o all purchasers under like terms and
conditions.
SECTION 2. Commez~rciarl BriberyE.--No member of the industry
sh all ie, permith to be given, or directly offer to give, anything
of alu fo th pupos influencing or rewarding the actions of
any employee, agent, or representative of another ini relation to the
business of the employer of such employee, the principal of such
agent or thle represented party, without. thle knowledge of such em-
-ployer, principal or party. This provision sha~ill not be construed to
prohibit free and general distribution of articles commonly us~ed for
advertising except as far as such articles are actually used for com-
mercial bribery as hereinabove defined.
SECTION 3. R5Ubm/it~ting Bide~.--No member of the imrlustry shall
submit competitive bids except in writing and signed by him or
his authorized representative.
SECTIION 4. Bidt Pe'ddlingy anld Bid Shopping.-N member of the
industry shall engage in bidi peddtling "! or bid shopping or any
similar unfair practice.
(a) Bid peddling in effect mneans the offering by the bidder prior
to the making of an award of a substitute bid or price lower thzan the
one originally bid without a comnmensurate decrease in thze require-
ments of the job.
(b) Bid shopping in effect means the effort on the part of the
awarding principal or owner, or his agent, to induce a bidder prior
to the making of t~he award to lower his original bid price without
a commensurate decrease in the requirements of the job.
SECTION 5. Rev'is'on of Bids~.--No member of the industry shall
encourage or attempt to induce thle owner or his agent to reject bids
and readve~t~ise in order that such member may revise his original
bid or offer.
AnnICLE VIII-1\IONOPOLIES

No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or t~o chmmanrte, oppreiss, or disc~rimi-
nate against small enterprises.
AnnOTILE I 1--110DIFICTIONOS

SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of t~he President, in accordance with the
provisions of Sub-section (b) of S'ectionl 10 of the Act, from time to
time to cancel or miodify any order, approval, license, rule or regu-
lation issued under Title I of the said Act and specifically, but with-
out limitation, to the right. of the President to cancel or modify his
approval of ainy provisions of this Code or any conditions imposed
by him in his approval thereof.




UNIVERSITY OF FLORIDA

252 3 1262 08728 6208

SECTION 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stancesl such modifications to be based upon application to the
Administrator and such notice and hearing as he shall s~pecify, and1 to
become effective upon his approval.
ARTICLE X-RLE\ITEW OF Acts or ClODE AvrrrHORITIE

If the Administrator shall determine that any action of the 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 Code Authority or
agency pendfing final action which shall not be effective unless the
Administrator approves or unless he shall fail to disapprove after
thirty days' notice to him of intention to proceed with such action
in its original or modified form.

ARTICLE XI--EFFECT\IVE DATE

This Code shall become effective on the thirtieth (30th) day after
its approval by the President.
Approved Code No. 434.
Registry No. 1618--~A-.

O




Full Text

PAGE 1

Approved Code No. 434 Registry No. 1618-A-02NATIONAL RECOVERY ADMINISTRATIONCODE OF FAIR COMPETITIONFOR THERIVER AND HARBORIMPROVEMENT INDUSTRYAS APPROVED ON MAY 18, 1934MEMBERU.S.WE DO OUR PART-TPfITED STATESGOVERNMENT PRINTING OFFICEWASHINGTON: 1934For sale 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, GovernmentPrinting Office, Washington, D.C., and by district offices of the Bureau ofForeign and Domestic Commerce.DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCEAtlanta, 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.D)troit, 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.: 102S Baltimore Avenue.Los Angeles, Calif.: 1163 South Broadway.Lcuisville, Ky.: 408 Federal Building.Memphis, Tenn.: 229 Federal Building.Minneapolis, Minn.: 213 Federal Building.New Orleans, La.: Room 225-A, Customhouse.New Yerk. N.Y.: 734 Customhouse.Norfolk, Va.: 406 East Plume Street.Philadelihia. Pa.: 422 Commercial Trust Building.Pittsburgh, Pa.: Chamber of Commerce Building.Portland, Oreg.: 215 New Post Office Building.St. Louis, Mo.: 506 Olive Street.San Francisco, Calif.: 310 Customhouse.Seattle, Wash.: 809 Federal Office Building.

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Approved Code No. 434CODE OF FAIR COMPETITIONFOR THERIVER AND HARBOR IMPROVEMENT INDUSTRYAs Approved on May 18, 1934ORDERAPPROvING CODE OF FAIR COMPETITION RIVER AND HARBORIMPROVEMENT INDUSTRYAn application having been duly made pursuant to and in fullcompliance with the provisions of Title I of the National IndustrialRecovery Act, approved June 16, 1933, for approval of a Code ofFair Competition for the River and Harbor Improvement Industry,and hearings having been duly held thereon and the annexed reporton said Code, containing findings with respect thereto, having beenmade and directed to the President:NOW, THEREFORE, on behalf of the President of the UnitedStates, I, Hugh S. Johnson, Administrator for Industrial Recovery,pursuant to authority vested in me by Executive Orders of thePresident, including Executive Order No. 6543-A, dated December30, 1933, and otherwise; do hereby incorporate by reference saidannexed report and do find that said Code complies in all respectswith the pertinent provisions and will promote the policy and pur-poses of said Title of said Act; and do hereby order that said Codeof Fair Competition be and it is hereby approved.HUGH S. JOHNSON,Administrator for Industrial Recovery.Approval recommended:GEO. L. BERRY,Division Administrator.JJTASIIINGTON, D.C.,May 18, 1934.60"78*--544-114-34 (239)

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REPORT TO THE PRESIDENTThe PRESIDENT,The White House.SIR: This is a report on the Code of Fair Competition for theRiver and Harbor Improvement Industry, revised after a publichearing conducted in Washington on December 19, 1933, in accord-ance with provisions of the National Industrial Recovery Act.THE INDUSTRYIncluded in this Industry is dredging, submarine rock removal,land reclamation, marine and subaqueous work, and the maintenanceand improvement of rivers, harbors and waterways, when such opera-tions are done by marine plant and organization.PROVISIONS FOR HOURS AND WAGESThe Code provides for a maximum week of forty (40) hours withthe following exceptions:(a) Upon approval of the National Industrial Relations Board,provided for in the Code, employees are permitted to work forty-eight (48) hours in any week in any of the following cases:(1) On remote and inaccessible projects requiring camps or float-ing plants to board a majority of the labor employed;(2) On projects of the type described in the preceding paragraph(1), time lost on account o? inclement weather or unavoidable delaysin any one week, may be made up in the following four weeks;(3) On projects where a sufficient amount of qualified labor is notavailable;(b) Employees engaged in executive, or supervisory work receiv-ing thirty-five dollars ($35.00) or more per week;(c) Employees engaged in emergency maintenance, or emergency repair work, and watchmen.The Code establishes a minimum rate of forty (40) cents perhour for laborers. Office and clerical employees will be paid mini-mum rates of from fourteen dollars ($14.00) to fifteen dollars($15.00) per week, based on population differentials.No person under eighteen (18) years of age shall be employed,except persons over sixteen years of age may be employed as officeor mess boys. The Code pro-ides that no employer shall reclassifyemployees for the purpose of evading the Act. It contains pro-visions for the adjustment of wages above the minimum, postingthe Code, and for payment of wages in regular periods.The establishment of a National Industrial Relations Board,with equal representation for employers and employees, is pro-(240)

PAGE 5

241vided for to deal with disputes concerning and to seek compliancewith the labor provisions of the Code.ECONOMIC EFFECT OF THE CODEAccording to the statistical analysis of the Division of Researchand Planning, the total volume of work done decreased from$160,000,000 in 1929 to $69,200,000 in 1933. Employees decreasedfrom 46,000 in 1909 to 35,000 in 1933-a much less decrease thanin many other industries.The release of funds by the Public Works Administration willdo much to stimulate the industry and increase employment. Theestablishment of a forty (40) hour week should increase the num-ber of employees approximately twenty-five (25) percent in doingthe same relative volume of work as was done prior to signing thePresident's Reemployment Agreement by this Industry.The establislhnent of a minimum rate of pay and maximumhours of work will measurably benefit workers and increase pur-chasing power. Generally, wages paid by this Industry have beenvery fair and equitable.FINDINGSThe Deputy Administrator in his final report to me on said Codehaving found as herein set forth and on the basis of all the proceed-ings in this matter;I find that:(a) Said Code is well designed to promote the policies and pur-poses of Title I of the National Industrial Recovery Act, includingremoval of obstructions to the free flow of interstate and foreigncommerce which tend to diminish the amount thereof and will providefor the general welfare by promoting the organization of industryfor the purpose of cooperative action among the trade groups, byinducing and maintaining united action of labor and managementunder adequate governmental sanctions and supervision, by eliminat-ing unfair competitive practices, by promoting the fullest possibleutilization of the present productive capacity of industries, by avoid-ing undue restriction of production (except as may be temporarily required), by increasing the consumption of industrial and agricul-tural products through increasing purchasing power, by reducingand relieving unemployment, by improving standards of labor, andby 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) The Code as approved complies in all respects with the per-tinent provisions of said Title of said Act, including without limi-tation Subsection (a) of Section 3, Subsection (a) of Section 7, andSubsection (b) of Section 10 thereof; and that the applicant associ-ation is an industrial association truly representative of the aforesaidIndustry; and that said association imposes no inequitable restric-tions on admission to membership therein.(d) The Code is not designed to and will not permit monopoliesor monopolistic practices.

PAGE 6

242(e) The Code is not designed to and will not eliminate or oppresssmall enterprises and will not operate to discriminate against them.(f) Those engaged in other steps of the economic process have notbeen deprived of the right to be heard prior to approval of said Code.For these reasons, therefore, I have approved this Code.Respectfully,HucH S. JOHNSON,Ad inistrator.MAY 18, 1934.

PAGE 7

CODE OF FAIR COMPETITION FOR THE RIVER ANDHARBOR IMPROVEMENT INDUSTRYPURPOSESTo effectuate the policies of Title I of the National Industrial Re-covery Act, the following provisions are established as a Code ofFair Competition for the River and Harbor Improvement Indus-try, and shall be the standard of fair competition for this industryand shall be binding upon every member thereof.ARTICLE I-APPLICATIONThe provisions of this Code shall apply to the entire industry, ashereinafter defined, excluding operations therein undertaken in ac-cordance with bona fide contracts entered into prior to June 16,1933. If any other code of fair competition or a provision thereof, heretofore or hereafter approved by the President, shall conflictwith this Code or with any provisions thereof, the Administrator mayhold such hearings as he may deem necessary and thereafter may, ifin his judgment justice requires, grant such stay, exception or ex-emption, or make such other determination as he may deem advisableto effectuate the policies of the Act.ARTICLE II-DEFINITIONSSECTION 1. The term "River and Harbor Improvement Indus-try ", or " The Industry ", as used herein means and includes eachand all of the following operations, (including the use and operationof tugs and launches employed as tenders in connection therewith),when done by marine plant and organization:(a) Dredging;b submarine rock removal, land reclamation by dredging, marineand subaqueous work in rivers, harbors and waterways;(c) maintenance and improvement of rivers, harbors and waterways; and(d) such branches and subdivisions thereof as may be includedhereunder with the approval of the President.SECTION 2. The term " employee " as used herein includes anyperson engaged in the industry, however compensated, except amember of the industry.SECTION 3. The term "employer " as used herein includes anyoneby whom any such employee is so compensated or employed.SECTION 4. The term " member of the industry " includes, butwithout limitation, any individual, partnership, association, corpo-ration or other agency or form of enterprise which undertakes,whether by formal contract or otherwise, to direct, superintend,coordinate or execute, any of the operations of the industry.(243)

PAGE 8

244SECTION 5. The term "Association " as herein defined shall meanthe River and Harbor Improvement Association of the UnitedStates.SECTION 6. The terms " President ", "Act " and "Administrator "as used herein shall mean, respectively, the President of the UnitedStates, Title I of the National Industrial Recovery Act and theAdministrator for Industrial RecoverySECTION 7. " Population " for the purposes of this Code shall bedetermined by reference to the 1930 Federal Census.ARTICLE IlI-OURS AND WAGES SECTION 1. Howrs.-No employee shall be permitted to work inexcess of forty (40) hours in any week, or eight (8) hours in anytwenty-four (24) hour period, with the following exceptions:(a) On application of the interested parties and after approvalof the National Industrial Relations Board or Regional Boardsestablished by it, an employee may be permitted to work forty-eight(48) hours in any week in any of the following cases:(1) On projects located at points so remote and inaccessible thatcamps or floating plants are necessary for the housing or boardingof a majority of the labor employed;(2) On projects of the type described in the preceding paragraph(1), when working time has been lost because of inclement weatheror unavoidable delays in any one week, in which case such lost timemay be made up in the following four weeks;(3) On projects in localities where a sufficient amount of qualifiedlabor is not available in the immediate vicinity of the work;(b) Employees engaged in executive or supervisory work receiv-ing compensation at the rate of thirty-five dollars ($35.00) or moreper week;(c) Accounting, clerical, or office employees;(d) Watchmen. who shall not be permitted to work in excessof fifty-six (56) hours in any week or in excess of six (6) days inany seven (7) day period, provided that there shall be no limita-tion upon the hours of watchmen housed on the work;(e) The maximum hours provided in this Article shall not applyto employees engaged in emergency maintenance or emergency re-pair work on floating equipment involving breakdowns, or the pro-tection of life or property, but in any such special cases at leasttime and one-half shall be paid for the hours worked in excess of thedaily and/or weekly maximum hours herein provided;(f) When it is necessary to transfer plant equipment, materialsor employees between points requirinIg more than sixteen (16) con-tinuous hours to effect the transfer, employees may be permitted towork twelve (12) hours in any twenty-four (24) for the durationof the transfer and the return trip; provided, however, that anovertime rate of time and one-half the normal rate be paid for any hours worked in excess of the maximum hours per day herein estab-lished. This exception shall apply only to vessels which are solimited in size as to contain no accommodations for housing thecrew on three watch operations.SECTION 2. flours for Cberica7 and OftIc Em ployees.-No account-ing, clerical or office employee shall be permitted to work in excess

PAGE 9

245of forty (40) hours per week averaged over a consecutive four (4)week period.SECTION 3. Employment by Several Ev'bployers .-No employershall knowingly permit any employee to work any number of hourswhich, when totaled with that already performed for another em-ployer or employers in this industry, exceeds the maximum permittedherein.SECTION 4. 11ages.-(a) Minim um Vages.-No employee, excluding accounting, officeand clerical employees, shall be paid at less than the rate of forty (40)cents per hour, provided, however, that the provisions of this para-graph (a) shall not be construed as establishing a minimum rate ofpay for other than common or unskilled labor; and provided furtherthat such provisions shall not be construed to authorize reductions inexisting hourly rates of pay.(b) 1inin-uln Salaries for Clerical and Of/ice Employce.-No ac-counting, office or clerical employee shall be paid less than at the rateof fifteen dollars ($15.00) per week in any city of over 500,000 popu-lation or the immediate trade area of such city, nor less than fourteen and a half dollars ($14.50) per week in any city of between 250,000and 500,000 population, or in the immediate trade area of such city,nor less than fourteen dollars ($14.00) per week in any city or townof less than 250,000 population, or the immediate trade area of suchcity or town.(c) Payment of W'ages.-All wages due shall be payable on a regu-lar periodical basis and at least semi-monthly, in lawful currency, orby a negotiable check therefor payable on demand at par. Thesewages shall be exempt from any payments for pensions. insurance orsick benefits other than those voluntarily paid by employees. Em-ployers and their agents shall accept no rebate either directly or in-directly on such wages, or give anything of value or extend favors toany person for the purpose of influencing rates of wages or theworking conditions of their employees. (d) Piecewo-rk Co'penation.-This Article establishes a mini-mum rate of pay regardless of whether an employee is compensatedon a time rate, piecework or other basis.(e) Living Quarters and Sbsistence.-When living quarters andsubsistence are furnished by or at the expense of the employer, thecharge made for such accommodations and subsistence shall be inaccordance with applicable existing contract or agreement, or in theabsence of an applicable existing contract or agreement at such ratesas are prescribed or approved by the proper governmental agency oragencies, and in any event, not more than one dollar ($1.00) percalendar day. The minimum hourly rates of pay as defined in thisArticle shall be computed before giving effect to any charge or de-duction on account of the furnishing by or at the expense of the em-ployer of any such living accommodations and subsistence.(f) Within thirty (30) days after the effective date of this Code(unless adjustment has been made theretofore) each employer shalladjust all schedules of wages in an equitable manner in view of thereduction of hours of employment, and preserve wage differentials reasonably proportionate to those in effect prior to the effective dateof this Code.

PAGE 10

246ARTICLE IV-GENERAL LABOR PROVISIONSSECTION 1. Provisions of the Act.-Employees shall have the rightto organize and bargain collectively through representatives of theirown choosing, and shall be free from the interference, restraint, orcoercion of employers of labor, or their agents, in the designation ofsuch representatives or in self-organization or in other concertedactivities for the purpose of collective bargaining or other mutualaid or protection; no employee and no one seeking employment shallbe required as a condition of employment to join any company unionor to refrain from joining, organizing, or assisting a labor organiza-tion of his own choosing; employers shall comply with the maximumhours of labor, minimum rates of pay, and other conditions of em-ployment, approved or prescribed by the President.SECTION 2. State Laws.-This Code shall not supersede any State,Federal or local laws imposing more stringent requirements on em-plovers regulating the age or employees, wages, hours of work, orhealth, fire or general working conditions than under this Code.SECTION 3. ReClassifcation.-Employers shall not reclassify em-ployees or duties of occupations performed by employees or engagein any other subterfuge for the intent or purpose of defeating thepurposes of the Act. No employee now employed at a rate in excessof the minimum shall be discharged and reemployed at a lower ratefor the purpose of evading the provisions of this Code.SECTION 4. Posting.-On and after the effective date of this Codeall employers shall post and keep posted in accessible places all pro-visions of this Code which affect hours of employment, rates of payand all other labor provisions.SECTION 5. Standards for Safety and Health.-Every employershall make reasonable provision for the safety and health of hisemployees during the hours and at the places of their employment.Standards for safety and health and sanitary regulations, as wellas living conditions on board dredges, shall be submitted by the CodeAuthority to the Administrator within six (6) months after theeffective date of this Code.SECTION 6. Prison labor.-Employers shall not employ prisonlabor in the execution of the work.SECTION 7. Minimum age.-No person under eighteen (18) years ofage shall b employed in the industry, provided, however, that per-sons sixteen (16) years or over may be employed as office boys, messboys or water boys.SECTION 8. Continue ity of Em ployment.-Employers shall adminis-ter work in their charge so as to procure the maximum practicablecontinuity of employment for their employees.SECTION 9. Complianee with. Established Labor Provisions.-Whereprovisions concerning hours of labor or rates of pay have been estab-lished for specific projects, by competent governmental authorityor agencies (whether Federal, State or political subdivisions thereof)acting in accordance with law, any employer required to comply andcomplying with the provisions so established shall be relieved of com-pliance with any conflicting provisions of Article III, or of anyactions taken in accordance therewith.SECTION 10. Any employer required to comply and complying withthe provisions of a valid labor agreement in force on the effective

PAGE 11

247date shall be relieved to the extent of his legal obligations thereunderof compliance during the period of such agreement, with any con-flicting provisions of Article III, or of any actions taken in accord-ance therewith.SECTION 11. Area Apeemenf8.-Standards as to the maximumhours of labor, minimum rates of pay, and such other conditions ofemployment as may be necessary to effectuate the policies of Title Iof the Act in the industry may be established for any area formingan existing district of the Corps of Engineers, United States Army,by mutual agreements arrived at and pursuant to the provisions ofSection 7 (b) of the Act, provided that the wage and hour provisionsof such agreements shall not conflict with the wage and hour pro-visions established in this Code.SECTION 12. Requirement of Subcotractors.-No member of this industry shall employ any subcontractor or other agency in opera-tions within the industry requiring the services of laborers or me-chanics on the site of the work unless such subcontractor or otheragent shall affirmatively covenant to pay at least the establishedminimum rate of wages herein provided for and work not more thanthe maximum hours of employment herein established.ARTICLE V-ADMINISTRATIONSECTION 1. Further to effectuate the policies of the Act there shallbe established a " Code Authority for the River and Harbor Improve-ment Industry " (hereinafter referred to as " the Code Authority ")composed of seventeen (17) members of the industry eligible underthe provisions of Section 9 of this Article, to be elected as follows:From each of the following seven Geographical Divisions of theUnited States, established by the Corps of Engineers, United StatesArmy:North Atlantic DivisionSouth Atlantic DivisionUpper Mississippi DivisionLower Mississippi DivisionGulf of Mexico DivisionPacific Coast DivisionGreat Lakes Divisionone member shall be elected by the members of the industry in thatdivision; in addition, eight members of the Code Authority shall beelected by members of the industry from the United States at large,and the President and Vice-President from time to time of the Asso-ciation shall be members ex-officio of the Code Authority. Anymember may appoint his own alternate or representative to act forhim at meetings. The Administrator may appoint three non-votingmembers of the Code Authority to act as his representatives, servingwithout expense to the industry.Voting members of the Code Authority shall serve for terms of one(1) year each, provided that provision imay be made in the by-lawsof the Code Authority for the staggering of such terms, and themethod of election employed for the election of such members shallbe subject to the approval of the Administrator. The Association ishereby designated as an agency for the purpose of arranging for the

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248original elections of members of the Code Authority and for anyother such elections not otherwise provided for in the by-laws of theCode Authority.SECTION 2. In the event of any vacancy in the membership of theCode Authority a special election to fill the incomplete terms of such members shall be called. Notice of the time and place of each elec-tion shall be sent by registered mail to all members of the industryknown to, or ascertainable after a diligent investigation by, the Asso-ciation and eligible to vote thereat at least twenty (20) days inadvance of such election, and voting at such election may be by per-son, by proxy, or by letter ballot. Any vacancy in the Code Author-ity shall be filled in such manner as to preserve the representativecharacter fixed by Section 1 of this Article. Not more than one (1)representative of the eligible members of the industry shall vote atany election.SECTION 3. In any one of the seven divisions, as defined in Section1 of this Article, a divisional code authority, of which the memberof the Code Authority elected by the members of the industry withinthat division shall be the Chairman, may be formed by the membersof the industry in such division, for the purpose of supervising andadministering this Code in such division under such powers and duties as may be delegated to it by the Code Authority.SECTION 4. In order that the Ciode Authority and the divisionalcode authorities shall at all times be truly representative of the in-dustry and in other respects comply with the provisions of the Act,the Administrator may provide such hearings as he may deemproper; and thereafter, if he shall find that the Code Authority or any divisional code authority is not truly representative or does notin other respects comply with the provisions of the Act, may requirean appropriate modification in the method of selection of the CodeAuthority or any divisional code authority.SECTION 5. There shall be no future amendment of the constitu-tion and by-laws of the Association which will tend to make theorganization not truly representative of the industry as herein de-fined or which will impose any inequitable restriction upon member-ship. The Association shall submit to the Administrator any amendments in its Articles of Association, by-laws, or regulations, if andwhen adopted, and such other information as to its membership,organization and activities as the Administrator may require toeffectuate the purposes of the Act.SECTION 6. Nothing contained in this Code shall constitute themembers of the Code Authority or of any divisional code authoritiespartners for any purpose. Nor shall any member of the CodeAuthority or of any divisional code authority be liable in any man-ner to anyone for any act of any other member, officer, agent, oremployee of the Code Authority or of any divisional code authority.Nor shall any member of the Code Authority or of any divisionalcode authority, exercising reasonable diligence in the conduct of hisduties hereunder, be liable to anyone for any action or omission toact under this Code, except for his own wilful misfeasance ornonfeasance.SECTION 7. Powers and DIvmies of the Code AutoriLty.-The CodeAuthority shall have, in addition to any other powers or duties

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249conferred upon it elsewhere herein, the following powers and dutiesto the extent permitted by the Act:(a) It may establish by-laws or rules and regulations for theconduct of its affairs and may appoint such committees, agenciesand representatives and delegate to them such of its powers andduties as it may deem necessary for the proper discharge of itsfunctions hereunder.(b) To make from time to time to the Administrator any recom-mendations which it deems desirable for modifications of or addi-tions to the Code, which recommendations upon the Administrator'sapproval and after such hearing as he may prescribe, shall becomea part of this Code and have full force and effect as provisionsthereof.(c) Subject to such rules and regulations as the Administratormay issue, to make investigations and surveys concerning the func-tioning of and compliance with this Code, the observance of itsprovisions, including the collection of reports on hours of work andrates of compensation and other pertinent matters, whether at therequest of the Administrator or otherwise, and to report its findingsand recommendations to the Administrator whenever necessary orrequired.(d) To appoint a trade practice committee which shall meet with the trade practice committees appointed under such other codes asmay be related to the industry for the purpose of formulating fairtrade practices to govern the relationships between employers underthis Code and under such others to the end that such fair tradepractices may be proposed to the Administrator as amendments tothis Code and such other codes.SECTION 8. It being found necessary, in order to support the ad-ministration of this Code and to maintain the standards of faircompetition established by this Code and to effectuate the policy ofthe Act, the Code Authority is authorized, subject to the approval ofthe Administrator:(a) To incur such reasonable obligations as are necessary andproper for the foregoing purposes and to meet such obligations out of funds which may be raised as hereinafter provided and whichshall be held in trust for the purposes of the Code;(b) to submit to the Administrator for his approval, subject tosuch notice and opportunity to be heard as he may deem necessary,(1) an itemized budget of its estimated expenses for the foregoingpurposes, and (2) an equitable basis upon which the funds necessaryto support such budget shall be contributed by menibers of theindustry;(c) after such budget and basis of contribution have been approvedby the Administrator, to determine and secure equitable contributionas above set forth by all such members of the industry, and to thatend, if necessary, to institute legal proceedings therefor in itsown name.SECTION 9. Only members of the industry complying with theCode and contributing to the expenses of its administration as pro-vided in Section 8 hereof shall be entitled to participate in the selec-tion of the members of the Code Authority or to receive the benefit

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250of its voluntary activities or to make use of any emblem or insigniaof the National Recovery Administration.SECTION 10. Reports.-In addition to information required to besubmitted to the Code Authority, all or any of the persons subjectto this Code shall furnish such statistical information as the Admin-istrator may deem necessary for the purposes recited in Section 3 (a)of the Act to such Federal and State agencies as the Administratormay designate; and nothing in this Code shall relieve any personof any existing obligation to furnish reports to government agencies.SECTION 11. National Industrial Relations Board.-There shall beestablished by the Administrator a National Industrial RelationsBoard for the industry to deal with disputes concerning and to seekcompliance with labor provisions of this Code. Such Board shallconsist of an equal number of representatives of employers and em-ployees, who shall choose an impartial chairman, provided that ifsuch chairman cannot be agreed upon the Administrator may, uponthe request of such Board, appoint the chairman. If no truly rep-resentative labor organization exists, the employee members of suchboard may be nominated by the Labor Advisory Board of the Na-tional Recovery Administration and appointed by the Administrator.The employer representatives shall be chosen by the Code Authority.The Board may establish regional agencies, similarly formed, in anyexisting district of the Corps of Engineers, United States Army.Pending adjustment of any dispute before such Board, or regionalagencies, such Board or Boards shall use their best endeavors toprevent cessation of work on account thereof.ARTICLE VI-APPEALSSECTION 1. Any directly interested party shall have the right ofcomplaint to the appropriate divisional code authority, and of aprompt hearing and decision in respect of any decision, rule, regula-tion, order or finding made by such authority, under such reasonablerules or regulations as may be prescribed by such authority.SECTION 2. In respect of any decision, rule, regulation, order orfinding made by any divisional code authority, any directly interestedparty shall have the right of complaint to the Code Authority andof a prompt hearing and decision under such rules of procedure andproper charges to cover cost of investigation and hearing as it mayprescribe.SECTION 3. Any directly interested party shall have the right ofappeal to the Administrator, subject to such rules and regulationsas he may prescribe, in respect to any decision, rule, regulation, or-der or finding made by the Code Authority.SECTION 4. The Code Authority shall be empowered to hear dis-putes between divisional code authorities, committees, or agencies.ARTICLE YI--TRADE PRACTICESCc aeral Delnitbo.-For all purposes of the Code the Acts de-scribed in this Article shall constitute unfair practices. Any mem-ber of the industry who shall directly or indirectly, through anyofficer, employee, agent, or representative, knowingly use, employ,

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251or permit to be employed, any of such unfair practices shall beguilty of a violation of the Code.SECTION 1. Secret Rebates.-No member of the industry sballmake any secret payment or allowance of rebates, refunds, com-missions or unearned discounts, whether in the form of ioney orotherwise or secretly extend to certain purchasers special servicesor privileges not extended to all purchasers under like terms andconditions.SECTION 2. Commercial Bribery.-No member of the industryshall give, permit to be given, or directly offer to give, anythingof value for the purpose of influencing or rewarding the actions ofany employee, agent, or representative of another in relation to thebusiness of the employer of such employee, the principal of suchagent or the represented party, without the knowledge of such em--ployer, principal or party. This provision shall not be construed toprohibit free and general distribution of articles commonly used foradvertising except as far as such articles are actually used for com-mercial bribery as hereinabove defined.SECTION 3. Subinitting Bids.-No member of the industry shallsubmit competitive bids except in writing and signed by him orhis authorized representative.SECTION 4. Bid Peddling and Bid Shopping.-No member of theindustry shall engage in " bid peddling " or " bid shopping " or anysimilar unfair practice.(a) Bid peddling in effect means the offering by the bidder priorto the making of an award of a substitute bid or price lower than theone originally bid without a commensurate decrease in the require-ments of the job.(b) Bid shopping in effect means the effort on the part of theawarding principal or owner, or his agent, to induce a bidder priorto the making of the award to lower his original bid price withouta commensurate decrease in the requirements of the job.SECTION 5. Revision of Bids.-No member of the industry shall encourage or attempt to induce the owner or his agent to reject bidsand readvertise in order that such member may revise his originalbid or offer.ARTICLE VIII-ONoPoLIEsNo provision of this Code shall be so applied as to permit monop-olies or monopolistic practices, or to eliminate, oppress, or discrimi-nate against small enterprises.ARTICLE IX-MODIFICA TIONSSECTION 1. This Code and all the provisions thereof are expresslymade subject to the right of the President, in accordance with theprovisions of Sub-section (b) of Section 10 of the Act, from time totime to cancel or modify any order, approval, license, rule or regu-lation issued under Title I of the said Act and specifically, but with-out limitation, to the right of the President to cancel or modify hisapproval of any provisions of this Code or any conditions imposedby him in his approval thereof.

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UNIVERSITY OF FLORIDA252 3 1262 08728 6208SECTION 2. This Code, except as to provisions required by the Act,may be modified on the basis of experience or changes in circum-stances, such modifications to be based upon application to theAdministrator and such notice and hearing as he shall specify, and tobecome effective upon his approval.ARTICLE X-REIEW OF ACTS OF CODE AUTHORITIESIf the Administrator shall determine that any action of the CodeAuthority or any agency thereof may be unfair or unjust or contraryto the public interest, the Administrator may require that such actionbe suspended to afford an opportunity for investigation of the meritsof such action and further consideration by the Code Authority oragency pending final action which shall not be effective unless theAdministrator approves or unless he shall fail to disapprove afterthirty days' notice to him of intention to proceed with such actionin its original or modified form.ARTICLE XI-EFFECTIVE DATEThis Code shall become effective on the thirtieth (30th) day afterits approval by the President.Approved Code No. 434.Registry No. 1618-A-02.0


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