Citation
Supplementary code of fair competition for the highway contractors industry (a subdivision of the general contractors division of the construction industry) as approved on March 16, 1935 by President Roosevelt

Material Information

Title:
Supplementary code of fair competition for the highway contractors industry (a subdivision of the general contractors division of the construction industry) as approved on March 16, 1935 by President Roosevelt
Portion of title:
Highway contractors industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
13 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Construction industry -- Law and legislation -- United States ( lcsh )
Roads -- Design and construction -- United States ( lcsh )
Contractors -- United States ( lcsh )
Genre:
Federal Government Publication ( MARCTGM )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Approved Code No. 244A--Subdivision No. 1."
General Note:
"Registry No. 1616-141."

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:
650493222 ( OCLC )
ocn650493222

Downloads

This item has the following downloads:


Full Text



a.


NATIONAL RECOVERY ADMINISTRATION



SUPPLEMENTARY
CODE OF FAIR COMPETITION

FOR THE

HIGHWAY CONTRACTORS

INDUSTRY

(A Subdivision of the General Contractors Division of the
Construction Industry)


AS APPROVED ON MARCH 16, 1935
BY
PRESIDENT ROOSEVELT


UNIV. OF FL LIB.
DOCUMENTS DEPT.
UL. -i i


U.S. DEPOSITORY
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


For sale by the Superintendent of Documents. Washington D. Price 5 cent
For sale by the Superintendent of Documents. Washington. D. C.--- -------- Price 5 centS


Approved Code No. 244A-Subdivision No. 1


Registry No. 1616-141























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D. C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N. Y.: Chamber of Commerce Building.
Charleston, S. C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N. Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.












Approved Code No. 244A-Subdivision No. 1


SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE

HIGHWAY CONTRACTORS INDUSTRY

As Approved on March 16, 1935
BY
PRESIDENT ROOSEVELT

EXECUTIVE ORDER

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE HIGHWAY
CONTRACTORS INDUSTRY

A SUBDIVISION OF THE GENERAL CONTRACTORS DIVISION OF THE
CONSTRUCTION INDUSTRY

An application having been duly made, pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, and pursuant to and in full
compliance with the provisions of Section 5 of Article VIII of
Chapter I, approved January 31, 1934, and pursuant to and in full
compliance with the provisions of Section 2 of Article I of Chap-
ter II, approved February 17, 1934, of the Code of Fair Competi-
tion for the Construction Industry, for approval of Subchapter II-C
of Chapter II of said Code, which Subchapter is applicable to the
Highway Contractors Subdivision of the General Contractors Divi-
sion of the Construction Industry, and hearings having been held
thereon, and the National Industrial Recovery Board having ren-
dered its report containing an analysis of said Subchapter II-C and
of said Code of Fair Competition as amended by the addition there-
to of said Subchapter II-C, together with its recommendations and
findings with respect thereto, and the National Industrial Recovery
Board having found that the said Subchapter II-C and the said
Code of Fair Competition, as amended by the addition thereto of
said Subchapter II-C, complies in all respects with the pertinent
provisions of Title I of said Act, and that the requirements of
clauses (1) and (2) of subsection (a) of Section 3 of said Act have
been met:
NOW, THEREFORE, I, Franklin D. Roosevelt, President of
the United States, pursuant to the authority vested in me by Title
I of the National Industrial Recovery Act, approved June 16. 1933,
122809---1603-99---35 (1








and otherwise, do adopt and approve the report, recommendations,
and findings of the National Industrial Recovery Board and do order
that the said Subchapter II-C be and it is hereby approved, and that
the previous approval of said Code of Fair Competition for the
Construction Industry is hereby amended to include an approval
of said Code in its entirety as supplemented by said Subchapter
II-C:
PROVIDED, HOWEVER, that the operation of Section 6,
Mutual Agreements, of Article III, may be reviewed by the National
Industrial Recovery Board within sixty (60) days after the effective
date of this Subchapter II-C and if upon a finding that the said
Section 6 unfairly interferes in any respect, with the process or free-
dom of collective bargaining, said Section 6 be immediately stayed
pending my further order.
FRANKLIN D. ROOSEVELT.
Approval recommended:
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN,
Administrative Officer.
THE WHITE HOUSE,
March 16, 1935.














REPORT TO THE PRESIDENT


THE PRESIDENT,
The White House.
SIR: This is a report on the Highway Contractors Subdivision of
the General Contractors Division, described as Chapter II and ap-
proved by you on February 17, 1934, of the Code of Fair CompeAi-
tion for the Construction Industry. This Subdivision described as
Chapter II-C as submitted by the Associated General Contractors
of America, Inc., has been revised subsequent to Public Hearing con-
ducted in Washington on May 21, 1934, in accordance with the pro-
visions of the National Industrial Recovery Act.

THE INDUSTRY

The Industry, as defined in the proposed Subchapter II-C, in-
cludes the work of a general contractor who by formal contract or
otherwise directs and/or superintends and/or coordinates and/or exe-
cutes substantially in its entirety the work of highway contracting
costing $1,000 or more and excluding only buildings and heavy con-
struction and railroad construction.

PROVISIONS FOR HOURS AND WAGES

The limitations as to hours of employment provided in Subdi-
vision B of Section 2 of Article III of Chapter I, apply to members
of this Subdivision with the following exceptions:
(a) Watchmen, who shall not be permitted to work in excess of
fifty-six (56) hours in any one (1) week, except there shall be no
limitation upon the hours of watchmen when housed on the work,
provided, however, that no watchmen shall be permitted to work
more than six (6) days in any one (1) week.
(b) Job and/or field clerks and camp service employees, who shall
not be limited as to hours but shall not be permitted to work in ex-
cess of six (6) days per week.
(c) Employees engaged in supervisory work receiving less than
thirty-five dollars ($3;5.00) per week, who shall not be permitted to
work in excess of the maximum hours prescribed for the employee
supervised, plus a tolerance of fifteen (15) percent.
The wage provisions of the approved Basic Code for the Construc-
tion Industry apply to members of this Subdivision. Additional
provisions governing methods of payment of wages, deductions, and
regulations for members performing manual work, reclassification
of employees, safety and health measures and provision for submis-
sion of mutual agreements for arriving at wages above the minimum
are contained in this Subchapter.








ECONOMIC EFFECT OF THE CODE
Since this Subchapter is merely an extension and amplification of
the general provisions contained in the Divisional Code of Fair Com-
petition for the General Contractors Division of the Construction
Industry under which the Highway Contractors are already codified,
the approval of this Subchapter will have no other effect than the
benefits which will accrue to this Subdivision of the Industry
through closer cooperation of its members and more detailed regula-
tions than are provided in the General Contractors Divisional Code.
The total volume of business done by the Industry as defined in
this Subchapter averaged in 1929, $562,000,000 and declined to $456,-
327,000 in 1933.
The approximate number of employees in the Industry including
those employed on part time, seasonal and other bases of employ-
ment in 1929 averaged 509,595 and in 1933 had declined to approxi-
mately 472,974.
There are approximately 115 classifications of labor employed on
highway construction included in this Subdivision. In general the
workmen can be subdivided into three classifications, unskilled,
semi-skilled, and skilled. However, no data are as yet available as
to the number of proportions in each classification. A further factor
that makes determination of total actual employment difficult in this
Subdivision of the Industry is the effect of weather on actual work-
ing time. Wage s.nal's vary from area to area for each classification
of work, consequently it is difficult to give a comprehensive general
picture without a detailed study being made. This Subdivisional
Code, however, was drafted for administrative purposes. It is hoped
that by setting up the administrative channels through which the
Code can be enforced, the increased compliance will greatly benefit
members of the Industry.
The Deputy Administrator in his final report to the National In-
dustrial Recovery Board on said Subchapter of the General Con-
tractors Chapter of the Construction Industry having found as
herein set forth and on the basis of all the proceedings in this matter;
The Board finds that:
(a) Said Highway Contractors Subchapter of the General Con-
tractors Chapter of the Code of Fair Competition for the Construc-
tion Industry is well designed to promote the policies and purposes
of Title I of the National Industrial Recovery Act, including removal
of obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof and will provide for the
general welfare by promoting the organization of industry for the
purpose of cooperative action among the trade groups, by inducing
and maintaining united action of labor and management under ade-
quate governmental sanction and supervision, by eliminating unfair
competitive practices, by promoting the fullest possible utilization
of the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the conii'-umption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.








(b) Said Highway Contractors Subchapter of the General Con-
tractors Chapter of the Code of Fair Competition for the Construc-
tion Industry complies 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 Sec-
tion 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.
(c) Said Highway Contractors Subchapter of the General Con-
tractors Chapter of the Code of Fair Competition for the Construc-
tion Industry is not designed to and will not permit monopolies or
monopolistic practices.
(d) Said Highway Contractors Subchapter of the General Con-
tractors Chapter of the Code of Fair Competition for the Construc-
tion Industry is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(e) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Highway Contractors Subchapter of the General Contractors Divi-
sion of the Code of Fair Competition for the Construction Industry.
For these reasons, therefore, the National Industrial Recovery
Board recommends approval of said Highway Contractors Sub-
chapter of the General Contractors Chapter of the Code of Fair
Competition for the Construction Industry; with the proviso con-
tained in the Executive Order for further review and possible stay
of Section 6 of Article III, which pertains to Mutual Agreements.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
Administrative Officer.
MARCH 13, 1935.













CHAPTER II-C


SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE HIGHWAY CONTRACTORS INDUSTRY

A SUBDIVISION OF THE GENERAL CONTRACTORS DIVISION OF THE
CONSTRUCTION INDUSTRY

ARTICLE I-APPLICATION
The provisions of this Chapter shall apply to the Highway Con-
tractors Subdivision of the General Contractors Division of the
Construction Industry (as defined herein) excluding operations
therein undertaken before the effective date hereof.

ARTICLE II-DEFINITIONS

SECTION 1. The Highway Contractor.-The term "Highway Con-
tractor or member of this Subdivision as used herein means
a general contractor as defined in Section I, Article I, Chapter II
of the Code of Fair Competition for the Construction Industry, and
includes without limitation any individual, partnership, association,
trust, trustee, trustee in bankruptcy, receiver, corporation or agency
which undertakes, whether by formal contract or otherwise, to direct,
superintend, coordinate or execute, directly or through others, the
work of con-tructing substantially in its entirety, any fixed structure
and other improvements, or modification thereof or an addition or
repair thereto, including any structure or operation which is an inci-
dental part thereof, including without limitation, except as specified
hereafter, operations and services, such as transportation with equip-
ment owned and operated by the highway contractor on his own con-
tract, roads, streets, alleys, side walks, guard rails and fences, park-
ways, parking areas, airports, bridle paths, athletic fields, highway
bridges, grade separations involving highways, light construction,
sewage and waterworks improvements, excluding any such operation
ag, igatiing in its entirety less than the sum of $1,000.00, and exclud-
ing only buildings as defined in Chapter II-A, and heavy construc-
tion and railroad construction, as defined in Chapter II-B.
SECTIION 2. Highway Contracting.-The term Highway Con-
tracting as used herein means without limitation operations per-
formed by a Highway Contractor as defined in the foregoing Section.
SE. TIiN 3. Visiting Contractor.-A "Visiting Contractor" means
a contractor bidding on and/or performing work within this Subdi-
vision in a locality other than that in which he customarily maintains
an office.
SECTION 4. Divisional Code Authority.-The term "Divisional
Code Authority" for the purposes of this Chapter shall mean the








Code Authority established under Section I of Subdivision A of
Article II of Chapter II for the General Contractors Division of the
Construction Industry.
SECTION 5. Classification.-Any operations within the definition
of Article II of Chapter I of this Code, which are not provided for in
any approved Divisional or Subdivisional Chapter of this Code (in-
cluding Chapters and Sub-chapters subsequently approved when
effective) shall, when performed by a member of this Division with
his own forces be included in and be a part of the activities of this
Subdivision. Nothing herein shall be construed as limiting the pro-
visions of Chapter I, Article IV A, Section 2 (f) as amended. This
is without prejudice as to any rights of members of this Subdivi-
sion in connection with any Chapter or Sub-chapter of this Code now
or hereafter approved.
SECTION 6. Association.-The term "Association" as used herein
shall mean the Associated General Contractors of America.
SECTION 7. Subcontractor.-(a) The term Subcontractor" as
used herein shall mean anyone other than an employee who enters
into a contract for the performance of any work of this subdivision
with a Highway Contractor who has already contracted or other-
wise arranged for its performance.
(b) A Subcontractor undertaking to perform any of the functions
or any part of the functions of a Highway Contractor as herein de-
fined shall be construed as a Highway Contractor and be subject to
all of the provisions of this Code. However, nothing herein shall be
construed as exempting such Subcontractor from complying with the
more stringent requirements of another Chapter or Subchapter of this
Code to which he may be subject.
SECTION 8. State Coin mitt e.-The term "State Committee" shall
mean a committee functioning in a State or a territory of the United
States or the District of Columbia for the purpose of administering
the Code applicable to the Subdivision within the State, territory,
or District of Columbia.
SECTION 9. Stat:.-The term "State" as used herein shall mean a
State or a territory of the United States or the District of Columbia.
SECTION 10. This Code.-The term "this Code for the purpose of
this Subchapter means and includes Chapter I, Chapter II, and Chap-
ter II-C of the Code of Fair Colmpetition for the Construction Indus-
try. Chapter I and Chapter II shall apply except as herein specifi-
cally provided. In their application herein the provisions of Chap-
ter II shall prevail over conflicting provisions of Chapter I, and the
provisions of Chapter II-C shall prevail over conflicting provisions
of Chapter I and Chapter II.

ARTICLE III-HOURS, WAe;ES AND CONDITIONS OF EMPLOYMENT

SECTION 1.: HIIo u.-The liniitations as to hours of eniplyyment
provided in Subdivision B of Section 2 of Article III of Chapter I
of this Code shall not apply to the following:
(a) Watchmen, who shall not be permitted to work in excess of
fifty-six (56) hours in any one (1) week, except there shall be no
limitation upon the hours of watchmen when housed on the work,
provided, however, that no watchmen shall be permitted to work
more than six (6) days in any one (1) week.








(b) Job and/or field clerks and camp service employees, who shall
not be limited as to hours, but shall not be permitted to work in
excess of six (6) days per week.
(c) Employees engaged in supervisory work receiving less than
thirty-five ($35.00) dollars per week, who shall not be permitted to
work in excess of the maximum hours prescribed for the employee
supervised, plus a tolerance of fifteen (15) percent.
(d) This Section does not restrict the exemptions as to hours of
employment conferred in Subsections 3 (a), 3 (b) and 3 (c) of Sub-
division B of Section T of Article III of Chapter I of this Code
except that Subsection 3 (a) herein described shall not apply to
supervisory employees earning less than thirty-five dollars ($35.00)
per week.
SECTION 2. Wages.-The minimum wages to be paid to employees
working the hours permitted by paragraphs (a), (b) and (c) of
Section 1 hereof, for the hours worked, shall be not less than the
hourly rate prescribed in the first paragraph of Subdivision A of
Section 2 of Article III of Chapter I of this Code.
SECTION 3. Payment of Wages.-All members of this Subdivision
shall make payment of all wages due in lawful currency or by nego-
tiable check therefore, payable on demand at par. If wages are paid
by check, the employer shall provide reasonable accessible facilities
for cashing checks at face value without expense to the employee.
Employers shall also provide such identification as is necessary to
utilize such facilities.
SECTION 4. Time of Payment and Deductions.-Except as other-
wise provided by Section 2 hereof, wages shall be due and payable
at least semi-monthly. Wages shall be exempt from any payment
for pensions, insurance or sick benefits, except such as is voluntarily
paid or required by law. Employers or their agents shall not accept,
directly or indirectly, rebates on such wages or give anything of value
or extend any favors to any person for the purpose of influencing
rates of wages or working conditions of their employees.
SECTION 5. General.-(a) Members Performing Manual Work.-
To the extent permitted by the Act members of this Subdivision when
personally performing manual work or engaged in mechanical opera-
tions shall not when so performing or engaged exceed the maxima
as to hours and days herein provided for employees doing the same
work.
(b) Evasion.-No employee now employed at a wage rate in
excess of the minimum shall be reclassified or discharged and reem-
ployed at a lower wage rate for the purpose of evading the provisions
of this Code.
(c) Dismissal for Complaints.-No employee shall be dismissed
or demoted by reason of making a complaint or giving evidence with
respect to an alleged violation of this Code.
(d) Handicapped Persons.-A person whose earning capacity is
limited because of age or physical or mental handicap or other in-
firmity may be employed on light work at a wage below the minimum
established by this Code, if the employer obtains from the State
Authority designated by the United States Department of Labor a
certificate authorizing his employment at such wages and for such
hours as shall be stated in the certificate. Each employer shall file











Approved Code No. 244A-Subdivision 1.


ERRATA SHEET

CODE OF FAIR COMPETITION
FOR THE

HIGHWAY CONTRACTORS INDUSTRY


As Approved on March 16, 1935

On page eight of the Code as printed, in Subsection (d) of
Section 1 of Article III, the third line reads as follows: division
B of Section T of Article III of Chapter I of this Code ". The
reference should be to Section 2 instead of Section T.
(1)


127174--1749-2---35


0 S. GOVERNMENT PRINTING OFFICE: 1995


Registry No. 1616-141.





'4u








monthly with the Administrative Committee a list of all such persons
employed by him within this Subdivision showing the wages paid to
and the maximum hours of work for each such employee.
(e) Safety and Health.-Each member of this Subdivision shall
provide for the safety and health of his employees at the place and
during the hours of their employment.
Standards for safety and health, including minimum standards
for sanitation, construction, size, operation and food for labor camps,
shall be developed by a Committee composed of three members of
this Subdivision to be appointed by the Administrative Committee
and financed by funds available to it and submitted to the National
Industrial Recovery Board by the Administrative Committee for
approval within three (3) months after the effective date of this
Subchapter. After approval, such standards shall become the mini-
mum standards of safety and health for all members of this Sub-
division and shall thereafter be a part of this Code and enforceable
as such.
Where State laws provide more stringent restrictions, such laws
shall be observed.
(f) Posting.-On and after the effective date of this Code, all
employers shall post and keep posted, in conspicuous places accessible
to all employees, official copies of all provisions of this Code which
affect hours of employment, rates of pay and all other labor
provisions.
SECTION 6. Mutual Agreements.-Any group of members of this
Subdivision proposing to establish an agreement with their employees
with respect to hours of labor, rates of pay, or other conditions of
employment governing the performance of work in this Subdivision,
under and pursuant to Section 1, Article III, of Chapter I of this
Code or the Act, shall send to the Divisional Code Authority at the
time notice of hearing is published or sent to the employers to be
subject to the agreement and, preliminary to the application for
hearing or approval to the National Recovery Administration, an
accurate description of the specifically defined region or locality pro-
posed to be embraced by such agreement, the types of operations and
occupations to be affected thereby, and, in addition thereto the plan
for hearing and form or method of notice thereof; and at the time of
any application to the National Recovery Administration for hearing
thereon or approval thereof shall also send to the Divisional Code
Authority a copy of the agreement or proposed agreement and appli-
cation for hearing thereon or approval thereof filed or to be filed with
the National Recovery Administration, together with a copy of any
report containing supplementary information filed in connection
therewith.
Any mutual agreement described in Section 1, Article III, Chapter
I, as approved by the President, shall contain certain specific pro-
visions as follows:
(a) The terms of this mutual agreement are limited to and binding
only upon members of this Subdivision on operations and work in the
specifically defined region or locality, in which the agreement applies.
(b) The terms of this mutual agreement shall not be binding upon
the employers and employees of any other Subdivision of the In-
dustry.








(c) The occupations, types of operations, or employees of this
Subdivision affected by this mutual agreement shall not be deemed
or construed to be the occupations, types of operations, or employees
of any other Subdivision described in Chapter II, and the terms
and conditions pertaining to the foregoing in this mutual agreement
are to be effective only with reference to the performance within the
specifically defined region or locality of the types of operations de-
fined in this agreement.
(d) This mutual agreement shall in no way prejudice the right
of other subdivisions to establish in the same area or another area
mutual agreements of their own making pertaining to occupations,.
employees and types of operations of other subdivisions described in
Chapter II.
(e) The terms of this mutual agreement shall exclude any opera-
tions undertaken in accordance with bona fide bids made prior to
the effective date of this agreement, and contracts entered into prior
to such effective date.'
ARTICLE IV-ADMINISTRATION

SECTION 1. The Administrative Committee.-An Administrative
Committee for the Highway Contractors Subdivision is hereby con-
stituted to administer this Code within this Subdivision. Said
Committee, hereinafter referred to as "The Administrative Com-
mittee ", shall consist of thirteen (13) members, all of whom shall
be members of this Subdivision. Eight (8) of said members shall
be members of the Association and shall be appointed annually by
the Divisional Code Authority, from such nominations as may be
made by the members of the Divisional Code Authority who are
Highway Contractors. Each member so appointed shall serve un-
til his successor is appointed, which appointment shall be made in
like manner. The five (5) remaining members of the Administra-
tive Committee shall be appointed annually by the Divisional Code
Authority from nominations made by the members thereof who are
Highway Contractors or by the eight (8) Association members of
the Administrative Committee, from and to represent members of
this Subdivision who are not members of the Association. Any such
member shall be approved by the National Industrial Recovery
Board before his appointment shall become effective. Each of said
five (5) members shall serve until his successor has been selected,
qualified, and appointed, as above, or has been selected by the non-
members of the Association, pursuant to a method of selection satis-
factory to and approved by the National Industrial Recovery Board,
provided such successor has been approved by the National Indus-
trial Recovery Board. If three (3) of said five (5) members shall
become members of the Association during the period of their term
of office as members of the Administrative Committee, no other of
said members of the Administrative Committee may join the Asso-
ciation without being disqualified from the date upon which he be-
comes a member of the Association, from further membership in the
Administrative Committee as a representative of members of this
1 See paragraph 3 of order approving this Code.








Subdivision who are not members of the Association. Any member
of the Subdivision appointed to the Administrative Committee to
represent the members of this Subdivision who are not members of
the Association, or selected or appointed successor to any such mem-
ber of the Administrative Committee shall be subject to approval
by the National Industrial Recovery Board.
SECTION 2. Powers and Duties.-The Administrative Committee
shall have in addition to such powers and duties as are set forth
in Section 2 of Subdivision B of Article II of Chapter II, and as
may be delegated to it by the Divisional Code Authority, the fol-
lowing powers and duties:
(a) to appoint committees for States, regions or localities as it
deems necessary for the administration of this Code. Organiza-
tions of Highway Contractors of a State, region or locality may
petition the Administrative Committee for the establishment of a
committee. The Administrative Committee may appoint such State,
regional or local committees, giving consideration to recommenda-
tions received in the selection of the personnel of such committees;
(b) to establish and/or change the jurisdiction or personnel of
any administrative agency established by it for this Division;
(c) to cause to be formulated methods of cost finding and account-
ing capable of use by all members of the Subdivision and to submit
such methods to the Divisional Code Authority and the National
Industrial Recovery Board for review. If approved by the Na-
tional Industrial Recovery Board, full information concerning such
methods shall be made available to all members of the Subdivision.
Thereafter, each member of the Subdivision shall utilize such meth-
ods to the extent found practicable. Nothing herein contained shall
be construed to permit the Divisional Code Authority, the Adminis-
trative or local committee, any agent thereof, or any member of the
Subdivision to suggest uniform additions, percentages or differen-
tials or other uniform items of cost which are designed to bring
about arbitrary uniformity of costs or prices;
(d) to defray expenses in establishing and administering this
Code from the equitable apportionment it receives from the Di-
visional Code Authority from the funds derived as authorized in
Section 2 (b) Article II A of Chapter II;
(e) to prescribe rules of fair competitive bidding practices for
the members of this Subdivision and such rules when approved by
the Code Authorities of Chapters I and II and the National Indus-
trial Recovery Board, shall apply to all members of this Subdivision
of the Industry;
(f) to prescribe regulations requiring that members of this Sub-
division of the Industry shall not submit a competitive bid as de-
fined in Section 1 (a), Article VII, Chapter I of this Code to an
owner or any other person corresponding to an awarding authority
as defined in such articles unless such owner or other person agrees
to comply with the regulations provided therein governing an award-
ing authority;
(g) to provide a satisfactory method of filing and checking the
contractor's bids and the estimates of awarding authorities for any
State, region or locality;








(h) to prescribe rules requiring that any member of this Sub-
division, when filing bids for the performance of any of the opera-
tions covered by this Subdivision with any owner, awarding authority
or person corresponding to an awarding authority under which
said member does not intend to perform at least eighty percent
(80%) of the value of the work bid upon with his own organi-
zation and with the assistance of workmen under his immediate
supervision, shall include the name or names of the firms to whom
he intends to sublet any of the work together with details as to the
portion of the work to be performed by each subcontractor;
(i) to prescribe rules covering the renting or leasing of highway
equipment by members of this Subdivision and rules governing the
manner in which members of the Subdivision lease equipment from
others and such rules when approved by the National Industrial
Recovery Board, shall apply to all members of this Subdivision of
the Industry;
(j) to require the registration in a manner not inconsistent with
any manner prescribed by the Divisional Code Authority of all con-
struction work applicable to this Subdivision and as defined and
described in Section 2 (b), Article II-A, Chapter II in cooperation
with the Construction Code Authority and the Divisional Code
Authority.
(k) Regulations, methods and rules formulated in accordance with
the foregoing paragraphs (f), (g) and (h) shall be filed with the
National Industrial Recovery Board and shall become effective
upon approval by the National Industrial Recovery Board. Failure
of the National Industrial Recovery Board to disapprove any such
regulation, method or rule within thirty (30) days after receipt
thereof shall be deemed approval of such regulation, method or
rule as of the date of the expiration of such period. Any such regu-
lations, methods or rules shall be effective upon approval for the
period specified therein or until approval is withdrawn by the
National Industrial Recovery Board because of inequitable, unfair
or unjust operation thereof.
SECTION 3. State, Regional or Local Administrative Committees
or Agencies in the Subdivision.-State, regional or local committees,
agencies or representatives may be vested with and may have such of
the powers and duties of the Administrative Committee as it dele-
gates to such committees, agencies or representatives for the proper
discharge of its functions in the particular region; provided that
nothing herein shall relieve the Administrative Committee of its
duties or responsibilities under this Code.
All rules and regulations of regional, State or local committees
must have the approval of the Administrative Committee and must
not be inconsistent with the rules and regulations of the Divisional
Code Authority.
ARTICLE V-AUTIORIZED EXEMPTIONS
Whenever any work within the definition contained in Subchap-
ter II-C, Article II, Section 1, is exempted by competent Govern-
mental authority or agencies (whether Federal, State, or political
subdivisions thereof) acting in accordance with law, from any or
all of the provisions of Chapters I and II and Subchapter II-C








and/or is being or may be performed by any non-member of the
Construction Industry so exempted from, or otherwise not subject
to, provisions of this Code, then the same exemptions or exceptions
from the same provisions of Chapters I and II and Subchapter II-C
shall apply and govern as to any and all members of this Subdi-
vision with reference to such work. Such exemptions or exceptions
shall not be construed to permit a member of the Industry to so
reduce wages or lengthen hours as to result in wages lower or hours
longer than those observed by such non-members of the Industry.
Nothing herein shall be construed as waiving the obligation of mem-
bers of this Subdivision from registering construction work, furnish-
ing statistics, and paying authorized assessments.
ARTICLE VI-TRADE PRACTICES
SECTION 1. Financing.-No Highway Contractor shall permit or
require Subcontractors, corporate surety companies or material
vendors to finance his accounts, unless such arrangement is expressly
provided for in the original contract between the parties.
SECTION 2. Visiting Contractor.-A Visiting Contractor shall be
bound by all of the rules, regulations and agreements for other con-
tractors of the State, region or locality in which he operates or pro-
poses to operate.

ARTICLE VII-PRovISIONS or CHAPTER I AND CHAPTER II
Reference to Provisions of Chapter I and Chaptcr II.-Provisions
and definitions of Chapter I and Chapter II of this Code including
any amendments thereto, or amendment 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-AMENDMENTS
SECTION 1. Subject to the provisions of Section 2 (c) of Article
IV-B of Chapter I of this Code, the Subdivision provisions of this
Chapter II-C, except as to provisions required by the Act, may be
amended on the basis of experience or changes in circumstances, such
amendments to be based upon application to the National Industrial
Recovery Board and such notices and hearings as it shall specify.
SECTION 2. Any amendment proposed by members of this Subdi-
vision or any committee or group of such members shall be submitted
to the Administrative Committee of Chapter II-A, and Chapter
II-B, and to the Divisional Code Authority and to the Construction
Code Authority at least ten (10) days before application is made to
the National Recovery Administration for a hearing upon such
amendment.
ARTICLE IX-EFFECTIVE DATE

This Subchapter II-C shall become effective on the tenth (10th)
day after its approval by the President.
Approved Code No. 244A-Subdivision No. 1.
Registry No. 1616-141.




UNIVERSITY OF FLORIDA

3I 1l262 08584 7100ll
3 1262 08584 7100




Full Text

PAGE 1

Approved Code No. 244A-Subdivision No. 1 Registry No. 1616-141 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE HIGHWAY CONTRACTORS INDUSTRY (A Subdivision of the General Contractors Division of the Construction Industry) AS APPROVED ON MARCH 16, 1935 BY PRESIDENT ROOSEVELT WE DO OUR PARr U.S. UNITED STATES PRINTING OFFICE WASHINGTON: 1935 For sale by the Superintendent of Documents, Washington, D. C. --------Price 5 c enta

PAGE 2

This publication is for sale by the Superintendent of Documents, Government Printing Office, Washington, D. C., and by district offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga.: 504 Post Office Building. Birmingham, Ala. : 257 Federal Building. Boston, Mass. : 1801 Customhouse. Buffalo, N. Y.: Chamber of Commerce Building. Charleston, S. C.: Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North Wells Street. Cleveland, Ohio : Chamber of Commerce. Dallas, Tex.: Chamber of Commerce Building. Detroit, Mich.: 801 First Nat.ional Bank Building. Houston, Tex.: Chamber of Commerce Building. Indianapolis, Ind. : Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. Kansas City, Mo.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadway. Louisville, Ky.: 408 Federal Building. Memphis, Tenn. : 229 Federal Building. Minneapolis, Minn. : 213 Federal Building. New Orleans, La. : Room 225-A, Customhouse. New York, N. Y.: 734 Customhouse. Norfolk, Va.: 406 East Plume Street. Philadelphia, Pa. : 422 Commercial Trust Building. Pittsburgh, Pa. : Chamber of Commerce Building. Portland, Oreg.: 215 New Post Office Building. St. Louis, Mo.: 506 Olive Street. San Francisco, Calif. : 310 Customhouse. Seattle, Wash.: 809 Federal Office Building.

PAGE 3

Approved Code No. 244A-Subdivision No. 1 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE HIGHWAY CONTRACT ORS INDUSTRY As Approved on March 16, 1935 BY PRESIDENT ROOSEVELT EXECUTIVE ORDER SUPPLEMENTARY CoDE oF FAIR CoMPETITION FOR THE HmHW A y CoNTRACTORs INDUSTRY A SUBDIVISION OF THE GENERAL CONTRACTORS DIVISION OF THE CONSTRUCTION INDUSTRY An application having been duly made, pursuant to and in full compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, and pursuant to and in full compliance with the provisions of Section 5 of Article VIII of Chapter I, approved January 31, 1934, and pursuant to and in full compliance with the provisions of Section 2 of Article I of Chapter II, approved February 17, 1934, of the Code of Fair Competition for the Construction Industry, for approval of Subchapter II-C of Chapter II of said Code, which Subchapter is applicable to the Highway Contractors Subdivision of the General Contractors Division of the Construction Industry, and hearings having been held thereon, and the National Industrial Recovery Board having rendered its report containing an analysis of said Subchapter II-C and of said Code of Fair Competition as amended by the addition thereto of said Subchapter II-C, together with its recommendations and findings with respect thereto, and the National Industrial R ecovery Board having found that the said Subchapter II-C and the said Code of Fair Competition, as amended by the addition thereto of said Subchapter II-C, complies in all respects with the pertinent provis ions of Title I of said Act, and that the requirements of clau ses (1) and (2) of subsection (a) of Section 3 of said Act have been met: NOW, THEREFORE, I , Franklin D. Roo sevelt, President of the United States, pursuant to the authority vested in me by Title I of the National Industrial R ecovery Act, approved June 1933, 122809----1603-99----35 (1)

PAGE 4

and otherwise, do adopt and approve the report, recommendations, and findings of the National Industrial Recovery Board and do order that the said Subchapter II-C be and it is hereby approved, and that the previous approval of said Code of Fair Competition for the Construction Industry is hereby amended to include an approval of said Code in its entirety as supplemented by said Subchapter II-C: PROVIDED, HO,iVEVER, that the operation of Section 6, Mutual Ag1ee1ne nts, of Article III, may be reviewed by the National Industrial Recovery Board within sixty ( 60) days after the effective date of this Subchapter II-C and if upon a finding that the said Section 6 unfairly interferes in any respect, with the process or free dom of collective bargaining, said Section 6 . be immediately stayed pending my further order. FRANKLIN D. RoosEVELT. Approval recommended: NATIONAL INDUSTRIAL RECOVERY BoARD, By w. A. HARRIMAN, Administrative Officer. THE WmTE HousE, March 16, 1935.

PAGE 5

REPORT TO THE PRESIDENT THE PRESIDENT, The White H o 'use. Srn: This is a report on the Highway Contractors Subdivision of the General Contractors Division, described us Chapter II and approved by you on February 17, 1934, of the Code of Fair Compe'li tion for the Construction Industry. This Subuivision described as Chapter II-C as submitted by the Associated General Contractors of America, Inc., has been revised subsequent to Public H earing con ducted in vvashington on May 21, 1934, in accordance with the provjsions of the National Industrial Recovery Act. THE INDUSTRY The Industry, as defined in the proposed Subchapter II-C, in cludes the work of a general contractor who by formal contract or otherwi se directs and/or superintends and/ or coordinates andjor exe cutes substantially in its entirety the work of highway contracting costing $1,000 or more and excluding only buildings and heavy construction and railroad construction. PROVISIONS FOR HOUTIS AND WAGES The limitations as to hours of employment provided in Subdi vision B of Section 2 of Article III of Chapter I, apply to members of this Subdivision with the following exceptions: (a) vVatchmen, who shall not be permitted to work in excess of fifty-six (56) hours in any one ( 1) week, except there shall be no limitation upon the hours of watchmen when housed on the work, provided, however, that no watchmen shall be permitted to work more than six (6) days in any one (1) week. (b) Job and/or field clerks and camp service employees, who shall not be limited as to hours but shall not be permitted to work in ex cess of six ( 6) days per week. (c) Employees engaged in supervisory work receiving les s than thirty-five dollar ($35.00) per week, who shall not be permitted to work in exce s of the maximum hours prescribed for the employee supervised, plu s a tolerance of fifteen (15) percent. The wage provisions of the approved Bas ic Code for the Construc tion Industry apply to m e mb ers of this Subdivision. Additional provisions governing m et hods of payment of waaes, deductions, and regulations for members performing manual work, reclas ification of employees, afety and health mea s ures and provision for submis sion of mutual agreements for arriving at wages above the minimum are contained in this Subchapter. {3)

PAGE 6

4 ECONOMIC EFFECT OF THE CODE Since this Subchapter i s merely an extension and amplification of the general provi ions contained in the Divisional Code of Fair Com petition for the General Contractors Division of the Construction Industry under which the Highway Contractors are already codified, the approval of this S ubchapter will have no other effect than the benefit which will accrue to this Subdivision of the Industry through closer cooperation of its members and more detailed regula tions than are provided in the General Contractors Divisional Code. The total volume of business done by the Industry as defined in this Subchapter averaged in 1929, $562,000,000 and declined to $456,327,000 in 1 933. The approximate number of employees in the Industry including those employed on part time, seasona l and other bases of employment in 1929 averaged 509,595 and in 1933 had declined to approximately 4 72,97 4. There are approximately 115 clas ifications of labor employed on highway construction included in this Subdivision. In general the workmen can be subdivided into three classifications, unskilled, semi-ski ll ed, and skilled. However, no data are as yet available as to the number of proportions in each classification. A further factor that makes determination of total actual employment difficult in this Subdivision of the Industry is the effect of weather on actual working time. Wage scales vary from area to area for each classification of work, consequently it is difficult to give a comprehensive general picture without a detailed study being made. This Subdivisional Code, however, was drafted for administrative purposes. It is hoped that by setting up the admini trative channels through which the Code can be enforced, the increa eel compliance will gTeatly benefit members of the Industry. The Deputy Administrator in his final report to the National Industrial Recovery Board on said Subchapter of the General Con tractors Chapter of the Construction Industry having found as herein set forth and on the basi . of all the proceedings in this matter; The Board finds that: (a) Said Highway Contractors Subchapter of the General Con tractors Chapter of the Code of Fair Competition for the Construction Industry is well designed to promote the policies and purposes of Title I of theN ational Industrial Recovery Act, including removal of obstructions to the free flow of interstate and foreign commerce which 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 ade quate governmental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of industries, by avoiding undue restriction of production (except as may be temporarily required), by increasing the consumption of industrial and aO'ricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry.

PAGE 7

5 (b) Said High way Contractors Subchapter of the General Con tractors Chapter of the Code of Fair Competition for the Construc tjon Industry complies 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 su bsection (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 restriction s on admission to membership therein. (c) Said Highway Contractors Subchapter of the General Con tractors Chapter of the Code of Fair Competition for the Construc tion Industry is not designed to and will not permit monopolies or monopolistic practices. (d) Said Highway Contractors Subchapter of the General Con tractors Chapter of the Code of Fair Competition for the Construc tion Industry is not designed to and will not eliminate or oppress small enterprises and will not operate to discriminate against them. (e) Those engaged in other steps of the economic process have not been deprived of the right to be heard prior to approval of said Highway Contractors Subchapter of the General Contractors Div i sjon of the Code of Fair Competition for the Construction Industry. For these reas ons, therefore, the National Industrial Recovery Board reconnnends approval of said Highway Contractors Sub-1 chapter of the General Contractors Chapter of the Code of Fair Competition for the Construction Industry; with the proviso con1 tained in the Executive Order for further review and possible stay 1 of Section 6 of Article III, which pertains to :Mutual Agreements. For the National Industrial Recovery Board: w. A. HARRIMAN' MARCH 13, 1935. Administrative Officer.

PAGE 8

CHAPTER II -C SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE HIGHWAY CONTRACTORS INDUSTRY A SUBDIVISION OF THE GENERAL CONTRACTORS DIVISION OF THE CONSTRUCTION INDUSTRY ARTICLE I-APPLICATION The provisions of this Chapter shall apply to the Highway Con tractors Subdivision of the General Contractors Division of the Construction Industry (as defined herein) excluding operations therein undertaken before the effective date hereof. ARTICLE II-DEFINITIONS SECTIO N 1. The Highway Oont1actor.-The term "Highway Con tractor" or "member of this Subdivision" as used herein means a general contractor as defined in Section I, Article I, Chapter II of the Code of Fair Competition for the Construction Industry, and includes without limitation any individual, partnership, association, trust, trustee, trustee in bankruptcy, receiver, corporation or agency which undertakes, whether by formal contract or otherwise, to direct, superintend, coordinate or execute, directly or through others, the work of con tructing substantially in its entirety, any fixed structure an l other improvements, or m . odification thereof or an additio n or repair thereto, including any structure or operation which is an incidental part thereof, including without limitation, except as specified hereafte r , operations and services, such as transportation with equipment owned and operated by the highway contractor on his own contract, roads, streets, alleys, side walks, guard rails and fences, park ways, parking a reas, airports, bridle paths, athletic fields, highway bridg-es, grade separations involving highways, light construction, sewage and waterworks improvem ents, excluding any s uch operation aggregating in its entirety l ess than the sum of $1,000.00, and excluding only buildings as defined in Chapter II-A, and heavy construc tion and railroad construction, as defined in Chapter II-B. SEcTION 2. Highw-ay Oontracting.-The term "Highway Contractinb"" as used h er in means without limitation op erations performed b y a Highway Contractor as defined in the foregoing S ect ion. SECTION 3. Visiting 0 ontractor.-A "Visiting Contractor " means a contractor bidding on and/or performing work within this Subdi vision in a locality other than that in which he customarily maintains an office. SECTION 4. Divisional Code Autho1 ity.-The term "Divisional Code Authority" for the purposes of this Chapter shall mean the (6)

PAGE 9

7 Code Authority established under Section I of Subdivis ion A of Article II of Chapter II for the General Contractors Division of the Construction Industry. SECTION 5. Olassification.-Any operations within the definition of Article II of Chapter I of this Code, which are not provided for in any approved Divisional or Subdivisional Chapter of this Code (in cluding Chapters and Sub-chapters sub sequently approved when effect ive) shall, when performe d by a memb e r of this Divi ion with his own forces be included in and be a part of the activities of this Subdivision. Nothing herein shall be con trued as limiting the provisions of Chapter I, Article IV A, Section 2 (f) a s amended. This is without prejudice a s to any rights of members of this Subdivi sion in connection with any Chapter or Sub-chapter of this Code now or hereafter approved. SEcTION 6 . Association.-The term "Association " as used herein shall mean the Associated General Contractors of America. SECTION 7. Subcontractmn.-(a) The term "Subcontractor" as used herein shall mean anyone other than an employee who enters into a contract for the performance of any work of this subdivision with a Highway Contractor who has already contracted or otherwise arranged for its performance. (b) A Subcontractor undertaking to perform any of the functions or any part of the functions of a Highway Contractor as herein d e fined shall be construed as a :Highway Contractor and b e s ubj ect to all of the provisions of this Code . However, nothing h erein shall be construed as exempting such Subcontractor fro m comr l ying with the more stringent requirements of another Chapter or Subchapter of this Code to which h e may be subject. SEcTioN 8. State Oommittee.-The term "State Committee" shall mean a committee functioning in a State or a territory of the United States or the District of Columbia for the purpose of administering the Code applicable to the Subdivision within the State, territory, or District of Columbia. SECTION 9. State. -The term "State" as u se d herein shall n1can a State or a territory of the United States or the Dis tlict of Columbia. SECTION 10. This Oode.-The term" this Code" for the purpose of this Subchapter means and includes Chapter I, Chapter II, and Chap ter II-C of the Code of Fair Competition for the Construction Indus try. Chapter I and Chapter II hall apply excep t as herein S] ecifi cally provided. In their ap1lication herein the provisions of Chap ter II hall prevail over conflicting p rovisions of Chapter I, and the provi ions of Chapter II-C hall prevail over confLicting provi ions of Chapter I and Chapter II. ARTICLE III-HouRs, \V AGE AND CoNDITION F EMPLOYMENT SECTION 1: H ou?'s.-The limitati ons as to hours of emp l oymen t provided in Subdivision B of Section 2 of Article III of Chapter I of thi Code hall not apply to the foll owing: (a) \V atchmen, who shall not be permitted to w rk in excess of fifty six (56) hours in any one (1) week except there shall be no limitation upon the hours of watchmen when hous l on th w rk, provided, how ev r, that no wat hme n shall b permitted to work more than six ( 6) days in any one ( 1) week.

PAGE 10

8 (b) Job and/or field clerks and camp service employees, who shall not be limited as to hours, but shall not be permitted to work in excess of six ( 6) days per week. (c) Employees engaged in supervisory work receiving less than thirty-five ($35.00) dollars per week, who shall not be permitted to work in excess of the maximum hours prescribed for the employee supervised, pi us a tolerance of fifteen ( 15) percent. (d) This Section does not restrict the exemptions as to hours of em:r:Ioyment conferred in Subsections 3 (a), 3 (b) and 3 (c) of Sub division B of Section T of Article III of Chapter I of this Code except that Subsection 3 (a) herein described shall not apply to supervisory employees earning less than thirty-five dollars ($35.00) per week. SECTION 2. W ages.-The minimum wages to be paid to employees working the hours permitted by paragraphs (a), (b) and (c) of Section 1 hereof, for the hours worked, shall be not less than the hourly rate prescribed in the first paragraph of Subdivision A of Section 2 of Article III of Chapter I of this Code. SECTION 3. Payment of W ages.-All members of this Subdivision shall make payment of all wages due in lawful currency or by negotiable check therefor, payable on demand at par. If wages are J?aid by check, the employer shall provide reasonable accessible facilities for cashing checks at face value without expense to the employee. Employers shall also provide such identification as is necessary to utilize such facilities. SECTION 4. Time of Paymen t and Deductions.-Except as other wise provided by Section 2 hereof, wages shall be due and payable at least semi-monthly. Wages shall be exempt from any payment for pensions, jnsurance or sick benefits, except such as is voluntarily paid or required by law. Employers or their agents shall not accept, directly or indirectly, rebates on such wages or give anything of value or extend any favors to any person for the purpose of influencing rates of wages or working conditions of their employees. SECTION 5. G eneral.-(a) M em b ers Perfonning Manual Work.To the extent permitted by the Act members of this Subdivision when personally performing manual work or engaged in mechanical opera tions shall not when so performing or engaged exceed the maxima as to hours and days herein provided for employees doing the same work. (b) Evasion.-N o employee now employed at a wage rate in excess of the minimum shall be reclassified or discharged and reem ployed at a lower wage rate for the purpose of evading the provisions of this Code. (c) Dismissal for 0 omplaints.-N o employee shall be dismissed or demoted by reason of making a complaint or giving evidence with respect to an alleged violation of this Code. (d) Handicapp ed P ersons.-A person whose earning capacity is limited because of age or phys ical or mental handicap or other in firmity may be employed on light work at a wage below the minimum established by this Code, if the employer obtains from the State Authority designated by the United States Department of Labor a certificate authorizing his employment at such wages and for such hours as shall be stated in the certificate. Each employer shall file

PAGE 11

Approved Code No. 244A-Subdivision 1. Registry No. 1616-14 1. ERRATA SHEET CODE OF FAIR COMPETITION FOR THE HIGHWAY C ONTRACTORS INDUSTRY As Approved on March 16, 1935 On page eight of the Code as printed, in Subsection (d) of Section 1 of Article III, the third line reads as follows : " d1 vision B of Section T of Article III of Chapter I of this Code". The reference should be to Section 2 instead of Section T. (1) 0 S . IOOVERNMENT PRINTIPIG OHICE; IH'S

PAGE 12

.... ..... . ,.,., ......... ":. .. ''•' . .

PAGE 13

9 monthly with the Administrative Committee a list of all such persons employed by him within this Subdivision showing the wages paid to and the maximum hours of work for each such employee . ( e ) Safety and H ealth.-Each member of this Subdivision shall provide for the safety and h ealth of his employees at the place and during the hours of their employment. Standards for safety and health, including minimum standards for sanitation, constr u ction, size, operation and food for labor camps, shall be developed by a Committee composed of three members of this Subdivision to be appointed by the Administrative Committee and finan ced by funds avai labl e to it and submitted to the National Industrial Recovery Board by the Admini trative Committee for approval within three (3) months after the effective date of this Subchapter. After approval, such standards shall become the minimum standards of safety and health for all members of this Sub divis ion and sh all thereafter be a part of this Code and enforceable as such. Where State laws provide more stringent restrictions, such laws shall be observed. (f) Po sting.-On and after the effectiv e date of this Code, all employers shall post and ke e p posted, in con picuous places accessible to all employees, official copies of all provisions of this Code whi c h affect hours of employment, rates of pay and all other labor prOVISIOnS. SECTION 6. Mutual Agreements.-Any group of members of this Subdivisio n proposing to establish an agreement with their emp lo yees with resp ect to hours of l abor, rates of pay, or other conditions of employment governing the performance of work in this Subdivision, under and pursuant to Section 1 , Article III, of Chapter I of this Code or the Act, shall send to the Divisional Code Authority at the time notice of hearing i s published or sent to the employers to be sub j ect to the agreement and, preliminary to the application for hearing or approval to the National Recovery Administration, an accurate description of the specifically defined region or lo cality proposed to be embraced by such agreement, the types of operations and occupations to be affected thereby, and, in addition thereto the plan for hearing and form or method of notice thereof; and at the time of any application to the National Recovery Administration for hearing thereon or approval thereof shall also send to the Divisional Code Authority a copy of the agreement or proposed agreement and application for hearin g thereon or approval thereof filed or to be filed with the National Recovery Administration, together with a copy of any report containing supplementary information filed in connection therewith. Any mutual agreement described in Section 1, Article III, Chapter I, as approved by the President, shall contain certain specific provisions as follows : (a) The terms of this mutual agreement are limited to and binding only upon members of this Subdivision on operations and work in the specifically defined region or locality, in whiCh the agreement applies . (b) The terms of this mutual agreement shall not be binding upon the employers and employees of any other Subdivision of the Industry.

PAGE 14

10 (c) The occupations, types o operations, or employees o this Subdivision affected by this mutual agreement shall not be deemed or construed to be the occupations, types o operations, or employees o any other Subdivision described in Chapter II, and the terms and conditions pertaining to the foregoing in this mutual agreement are to be effective only with reference to the performance within the specifically defined region or locality o the types o operations de fined in this agreement. (d) This mutual agreement shall in no way prejudice the right o other subdivisions to establish in the same area or another area mutual agreements o their own making pertaining to occupations, . employees and types o operations o other subdivisions described in ChaJ?ter II. (e) The terms o this mutual agreement shall exclude any operations undertaken in accordance with bona fide bids made prior to the effective date o this agreement, and contracts entered into prior to such effective date.1 ARTICLE IV-ADMINISTRATION SECTION 1. The Administrative Oommittee.-An Administrative Committee or the Highway Contractors Subdivision is hereby constituted to administer this Code within this Subdivision. Said Committee, hereinafter referred to as "The Administrative Committee ", shall consist o thirteen ( 13) members, all o whom shall be members o this Subdivision. Eight (8) o said members shall be members o the Association and shall be appointed annually by the Divisional Code Authority, rom such nominations as may be made by the members o the Divisional Code Authority who are Highway Contractors. Each member so appointed shall serve until his successor is appointed, which appointment shall be made in like manner. The five ( 5) remaining members o the Administrative Committee shall be appointed annually by the Divisional Code Authority rom nominations made by the members thereof who are Highway Contractors or by the eight (8) Association members o the Administrative Committee, rom and to represent members o this Subdivision who are not members o the Association. Any such member shall be approved by the National Industrial Recovery Board before his appointment shall become effective. Each o said five ( 5) members shall serve until his successor has been selected, qualified, and appointed, as above, or has been selected by the non members o the Association, pursuant to a method o selection satisfactory to and approved by the National Industrial Recovery Board, provided such successor has been approved by the National Industrial Recovery Board. I three (3) o said five (5) members shall become m e mbers o the As sociation during the period o their term o office as members o the Administrative Committee, no other o said members o the Administrative Committee may join the Asso ciation without being disqualified rom the date upon which he be comes a member o the Association, rom further membership in the Administrative Committee as a representative o members o this 1 See paragraph 3 of order approving this Co0de .

PAGE 15

11 Subdivision who are not members of the Association. Any memb e r of the Subdivision appointed to the Administrative Committee to represent the members of this Subdivision who are not memb e rs of the Association, or selected or appointed succe s sor to any such member of the Administrative Committee shall be s ubject to approv al by the National Industrial Recovery Board. SECTION 2. Powe rs and Duties.-The Administrative Committee shall have in addition to such powers and duties as are set forth in Section 2 of Subdivision B of Article II of Chapter II, and as may be delegated to it by the Divisional Code Authority, the fol lowing powers and duties: (a) to appoint committees for States, regions or Localities as it deems necessary for the administration of this Code. Organiza tions of Highway Contractors of a State, region or locality may petition the Administrative Committee for the establi shment of a committee. The Administrative Committee may appoint such State, regional or local committees, giving consideration to recommend a tions received in the selection of the personnel of such committe es; (b) to establish and/or change the juris diction or p e r s onnel of any administrative agency established by it for this Division; (c) to cause to be formulated methods of cos t finding and accounting capable of use by all members of the Subdivis ion and to submit such methods to the Divisional Code Authority and the National Industrial Recovery Board for review. If approved by the Na ti-onal Industrial Recovery Board, full information con cerning such methods shall be made available to all members of the Subdivis ion. Thereafter, each member of the Subdivision shall utilize s uch meth ods to the extent found practicable. Nothing h erein contained shall be construed to permit the Divisional Code Authority, the Administrative or local committee, any agent thereo f, or any member of the Subdivision to suggest uniform additions , percentages or diff e rentials or other uniform items of cost which are designed to bring about arbitrary uniformity of oosts or prices; (d) to defray expenses in establi shing and administering this Code from the equitable apportionment it receives from the Divisional Code Authority from the funds derived as authorized in Section 2 (b) Article II A of Chapter II; (e) to prescribe rules of fair competitive bidding practice for the members of this Subdivision and such rules when approved by the Code Authorities of Chapters I and II and q1e Nat i onal Industrial Recovery Board, shall apply to all m e mbers of this Subdivision of the Industry; (f) to prescribe regulations requiring that m e mbers of this Sub division of the Industry shall not submit a competitive bid as de fined in Section 1 (a), Article VII, Chapter I of this Code to an owner or any other p e r on corresponding to an awarding authority as defined in such article s unless such owner or othe r person agre es to comply with the regulations provided therein go verning an awarding authority; (g) to a satisfactory method of filing and checking the contractors bids and the estimates of awarding authorities for any State, region or locality;

PAGE 16

12 (h) to prescribe rules requiring that any member o this Subdivision, when filing bids for the performance of any of the opera tions covered by this Subdivision with any owner, awarding authority or person corresponding to an awarding authority under which said member does not intend to perform at least eighty percent (80 % ) of the value of the work bid upon with his own organization and with the assistance o workmen under his immediate supervision, shall include the name or names of the firms to whom he intends to sublet any of the work together with details as to the portion of the work to be performed by each subcontractor; (i) to prescribe rules covering the renting or leasing of highway equipment by members of this Subdivision and rules governing the manner in which members of the Subdivision lease equipment from others and such rules when approved by the National Industrial Recovery Board, shall apply to all members of this Subdivision of the Industry; (j) to require the registration in a manner not inconsistent with any manner prescribed . by the Divisional Code Authority of all construction work applicable to this Subdivision and as defined and described in Section 2 (b), Article II-A, Chapter II in cooperation with the Construction Code Authority and the Divisional Code Authority. (k) Regulations, methods and rules formulated in accordance with the foregoing paragraphs (f), (g) and (h) shall be filed with the National Industrial Recovery Board and shall become effective upon approval by theN ational Industrial Recovery Board. Failure of the National Industrial Recovery Board to disapprove any such regulation, method or rule within thirty (30) days after receipt thereof shall be deemed ap:proval of such method or rule as of the date of the expiration of such penod. Any such regu lations, methods or rules shall be effective upon approval for the period specified therein or until approval 1s withdrawn by the National Industrial Recovery Board because of inequitable, unfair or unjust operation thereof. SECTION 3. State, Regional or Local Administrative C omrrvittees or Age ncies in the Subdivision.-State, regional or local committees, agencies or representatives may be vested with and may have such of the powers and duties of the Administrative Committee as it dele gates to such committees, agencies or representatives for the proper discharge of its functions in the larticular region; provided that nothing herein shall relieve the dministrative Committee of its duties or responsibilities under this Code. All rules and regulations of regional, State or local committees must have the approval of the Administrative Committee and must not be inconsistent with the rules and regulations of the Divisional Code Authority. ARTICLE V A UTI-IORIZED ExEMPTIONS Whenever any work within the definition contained in Subchapter II-C, Article II, Section 1, is exempted by competent Governmental authority or agencies (whether Federal, State, or politica l subdivisions thereof) acting in accordance with law, from any or all of the provisions of Chapters I and II and Subchapter II-C

PAGE 17

13 and/or is being or may be performed by any non-member of the Construction Industry so exempted from, or otherwise not subject to, provisions of this Code, then the same exemptions or exceptions from the same provisions of Chapters I and II and Subchapter II-C shall apply and govern as to any and all members of this Subdi vision with reference to such work. Such exemptions or exceptions shall not be construed to permit a member of the Industry to so reduce wages or lengthen hours as to result in wages lower or hours longer than those observed by such non-members of the Industry. Nothing herein shall be construed as waiving the obligation of mem bers of this Subdivision from registering construction work, furnishing statistics, and paying authorized assessments. ARTICLE VI-TRADE PRACTICES SECTION 1. Financing•.-N o Highway Contractor shall permit or require Subcontractors, corporate surety companies or material vendors to finan c e his accounts, unless such arrangement is expressly provided for in the original contract between the parties. SECTION 2. Visiting Oontractor.-A Visiting Contractor shall be bound by all of the rules, regulations and agreements for other contractors of the State, region or locality in which he operates or proposes to operate. ARTICLE VII-PROVISIONS OF CHAPTER I AND CHAPTER II Reference to Provisions of Chapter I and Oh.apt er //.-Provis ions and definitions of Chapter I and Chapter II of this Code including any amendments thereto, or amendment 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-Al\iENDMENTS SECTION 1. Subject to the provisions of Section 2 (c) of Article IV -B of Chapter I of this Code, the Subdiv i sion provisions of this Chapter II-C, except as to provisions required by the Act, may be amended on the basis of experience or changes in circums tances, such amendments to be based upon application to theN ational Industrial Recovery Board and such notice s and hearings as it shall specify. SECTION 2. Any amendment proposed by members of this Subdi vision or any committee or group of such members shall be submitted to the Administrative Committee of Chapter II-A, and Chapter II-B, and to the Divisional Code Authority and to the Construction Code Authority at lea t ten (10) days before application is made to the National Recovery Administration for a hearing upon such amendment. ARTICLE IX-EFFECTIVE DATE This Subchapter II-C shall become effective on the tenth (lOth) day after its approval by the President. Approved Code No. 244A-Subdivision No. 1. Registry No. 1616-141. 0

PAGE 18

UNIVERSITY OF FLORIDA 1111111111111111111111111111111111111111111111111111111111111111 3 1262 08584 7100


xml version 1.0 encoding UTF-8
REPORT xmlns http:www.fcla.edudlsmddaitss xmlns:xsi http:www.w3.org2001XMLSchema-instance xsi:schemaLocation http:www.fcla.edudlsmddaitssdaitssReport.xsd
INGEST IEID ET6INF056_8S6QNV INGEST_TIME 2012-04-02T14:25:56Z PACKAGE AA00009945_00001
AGREEMENT_INFO ACCOUNT UF PROJECT UFDC
FILES