Citation
Supplementary code of fair competition for the heavy construction and railroad contractors industry (a subdivision of the general contractors division of the construction industry) as approved on April 29, 1935 by President Roosevelt

Material Information

Title:
Supplementary code of fair competition for the heavy construction and railroad contractors industry (a subdivision of the general contractors division of the construction industry) as approved on April 29, 1935 by President Roosevelt
Portion of title:
Heavy construction and railroad 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:
14 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Construction industry -- Law and legislation -- United States ( lcsh )
Railroad engineering -- 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. 2."
General Note:
"Registry No. 1616-140."

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:
650494095 ( OCLC )
ocn650494095

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Full Text


Approved Code No. 244A-Subdivision No. 2


NATIONAL RECOVERY ADMINISTRATION



SUPPLEMENTARY
CODE OF FAIR COMPETITION
FOR THE

HEAVY CONSTRUCTION AND

RAILROAD CONTRACTORS

INDUSTRY


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


AS APPROVED ON APRIL 29, 1935
BY
PRESIDENT ROOSEVELT


SDO OUR PART
-iE DO OUR PART
*


DP-."UNI ED STATES
U. p qI-vERNMENT PRINTING OFFICE
WASHINGTON: 1935


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


Registry No. 1616-140























This publication is for sale by the Superintendent of Docume.its, Government
Printing Office, Washington, D. C., and by the following N. R. A. offices:
Atlanta, Ga.: 625 Citizens & Southern Natioial Bank Building.
Baltimore, Md.: 130 Customhouse.
Birmingham, Ala.: 201 Liberty National Life Building.
Boston, Mass.: Roimi 1200, 80 Federal Street.
Buffalo, N. Y.: 219 White Building.
Chicago, Ill.: Room 204, 400 North Michigan Avenue.
Cleveland, Ohio: 520 Bulkley Building.
Dallas, Tex.: 1212 Republic Bank Building.
Detroit, Mich.: 415 New Federal Building.
Houston, Tex.: 403 Milam Building.
Jacksonville, Fla.: 425 United States Courthouse and Post Office
Building.
Los Angeles, Calif.: 751 Figueroa Street, South.
Louisville, Ky.: 408 Federal Building.
Minneapolis, Minn.: 900 Roanoke Building.
Nashville, Tenn.: 415 Cotton States Building.
Newark, N. J.: 434 Industrial Office Building, 1060 Broad Street.
New Orleans, La.: 214 Customhouse.
New York, N. Y.: 45 Broadway.
Oklahoma City, Okla.: 427 Commerce Exchange Building.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: 401 Law and Finance Building.
Portland, Oreg.: 407 Park Building.
Providence, R. I.: National Exchange Bank Building, 17 Exchange
Street.
St. Louis, Mo.: Suite 1220, 506 Olive Street.
San Francisco, Calif.: Humbolt Bank Building, 785 Market Street
Seattle, Wash.: 1730 Exchange Building.












Approved Code No. 244A-Subdivision No. 2


SUPPLEMENTARY CODE OF FAIR COMPETITION
FOK THE

HEAVY CONSTRUCTION AND RAILROAD
CONTRACTORS INDUSTRY

As Approved on April 29, 1935
BY
PRESIDENT ROOSEVELT


EXECUTIVE ORDER

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE HEAVY CON-
STRUCTION AND RAIl..\ .(OA CONTRACTORS INDUSTRY

A SUBDIVIS~IIN OF TIE GENERAL CONTRACT S DIVISION OF THE CONSTRUC-
TION INDUSTRY
An application having been duly made, pursuant to and in full
compliance with the provisions of Title I of the National Indllstrial
Recovery Act, approved June 16, 1933, and piur.,lniit 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-B of
Chapter II of said Code, which Subchaipter is applicable to the
Heavy Constructioni and Railroad Contractors Subdivision of the
General Contractors Division of the Construction Industry, and
hearings having been held ithi'ron, and the National Industrial Re-
covery Board having rendered its report containing an analysis of
said Subchapter II-B and of said Code of Fair Competition as
amended by the addition thereto of said Subchapter II-B, together
with its recommendations and findings with respect ihereto, and the
National Industrial Recovery Board having found that the said
Subchapter II-B and the said Code of Fair Competition, as amended
by the addition thereto of said SuLbchapter II-B, complies in all
respects with the pertinent provisions of Title I' of said Act, and
that the requirements of clhu-Les (1) and (2) of subl-:ection (a) of
Section 3 of the said Act have been met:
132665 -1844-2--35 (11







NOW, THEREFORE, I, Franklin D. Roo,- ,vet, President of the
United States, pursuant to the authority vested in me by Title I
of the National Industrial Recovery Act, approved June 16, 1933,
and otherwise, do adopt and approve the report, recommendations,
and findings of the National Industrial Recovery Board and do
order that the said Subli,'hapter II-B be and it is Ih-reby approved,
and that the previous approval of said Code of Fair Competition
for the Construction Industry is hereby amended to include an ap-
proval of said Code in its entirety as supplemilented by said
Subchapter II-B:
PROVIDED, HOWEVER, that the operation of Section 6, Mu-
tual Agreeiments, of Article III, may be reviewed by the National
Industrial Recovery Board within sixty (60) days after the effec-
tive date of this Subchapter II-B and if upon a finding that the
said Section 6 unfairly interferes in any respect, with the process
or freedom of collective bargaining, said Section 6 be immediately
stayed pending my further order.
FRANKLIN D. ROOSEVELT.
Approval recommended:
NATIONAL INDUSTRIAL RECOVERY BOARD,
By L. C. MARSHALL, Executive Secretary.
THE WHITE HOUSE,
April 29, 1935.










LETTER OF TRANSMITTAL


The PRESIDENT,
The White House.
SIR: This is a report on the Heavy Construction and Railroad
Contracting Subdivision, Subchapter II-B of the General Contrac-
tors Division, described as Chapter II and approved by you on
February 17, 1934, of the Code of Fair Competition for the Con-
struction Industry. This Subchapter as t-nbmitted by the Associated
General Contractors of America, Inc., has been revised subsequent
to public hearing conducted in Washington on May 21, 1934, in
accordance with the provisions of the National Industrial Recovery
Act.
THE INDUSTRY
The Industry, as definedd in the proposed Subchapter II-B, in-
cludes the work of a general contractor who by formal contract or
otherwise directs and/or superintends and/or coordinates, and/or
executes sulbstantially in its entirety the work of constructing some
forty-two specified types of construction projects and operations and
excluding only building construction, highway construction, and
projects constructed principally by means of marine plant. Work-
men under two hundred classifications are employed at work which
may be generally classified as skilled, semi-skilled, and unskilled.

PROVISIONS FOR HOUR.L AND WAGES
The limitations as to hours of employment provided in Subdivi-
sion 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 wa'tchmen shall be permitted to work
more than six (6) days in any one (1) week.
(b) Job and/or field clerks and camp and quarter-boat 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 dollars ($35.00) per week, who shall not be permitted to
work in excess of the maximum hours prescribed for the employees
supervised, plus a tolerance of fifteen (15) per cent.
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 submission
of mutual agreements for arriving at wages above the minimum are
contained in this Subchapter.







ECINUMtIC EFFECT OF THE CODE
Statistics prepared by the Research and Planning Division indicate
the follow ing fluctuations in work contracted for in this Subdivision:
1929, $663,937,600; 1930, $1,150,952,300; 1931, $692,537,000; 1932,
$283,318,900 and 1933, $373,580,500. The actual work done per year
varies somewhat less than these figures indicate. Estimates of the
amount of heavy construction, performed by general contractors vary
from 60 to 80 percent of the total.
It is impossible to calculate the number of persons employed in this
branch of construction. It is estimated that there were, in 1929,
211,000 man-years of employment which declined in 1932 to about
89,700, rising to some 118,200 in 1933. The forty cent minimum rate
established in Chapter I of the Construction Code is estimated to
a l'-ct about sixty percent of the workers in this Subdivision, and
it is e(.timated to increase hourly wage rates from five to forty percent
for unskilled work in different localities.
The increasing efficiency of mechanical equipment in construction
work and the corresponding increase in labor efficiency has displaced
so many eimployee.e that it is difficult to estimate the effect of the
hours provisions of the construction code in this Subdivision. Equip-
ment charges represent approximately 23.8 percent of the total value
of construction performed, while labor charges represent 28.6 per-
cent, material and supplies involved 29.9 percent, and general over-
head and profit 17.7 percent.
It will be noted that the general purpose of a Code for this Sub-
division is to facilitate the administration of the Basic Code of Fair
Competition for the Construction Industry.
The Deputy Administrator in his final report to the National In-
dustrial Recovery Board on said Heavy Construction and Railroad
Contractors Subchapter of the General Contractors Chapter of the
Code of Fair Competition for the Construction Industry having found
as herein set forth and on the basis of all the proceedings in this
matter:
The Board finds that:
(a) Said Heavy Construction and Railroad Contractors Subchap-
ter of the General Contractors Chapter of the Code of Fair Compe-
tition for the Construction Industry is well designed to promote the
policies and purposes of Tit.! 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 organiza-
tion of industry for the purpose of cooperative action among the
trade groups, by inducing and maintaining united action of labor and
management under adequate governmental sanctions and supervision,
by eliminating unfair competitive practices, by promoting the full-
est possible utilization of the present productive capacity of indus-
tries, by avoiding undue restriction of production (except as may be
temporarily required), by increasing the consumption of industrial
and agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.







(b) Said Heavy Coin-truction and Railroad Contractors Subclhap-
ter of the General Contractors Chapter of the Code of Fair Com-
petition for the Construction 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 s'lb-ection (b) of Section 10 thereof; and that the applicant as-
sociation is an industrial association truly representative of the afore-
said Industry; and that said association imposes no inequitable re-
strictions on admission to membership therein.
(c) Said Heavy Con.struction and Railroad Contractors Siulchaip-
ter of the General Contractors Chapter of the Code of Fair Compe-
tition for the Conitruction Industry is not de-igneil to and will not
permnti monopolies or monopolistic practices.
(d) Said Heavy Con!t ruction and Railroad Contractors Subchap-
ter of the General Contractors Chapter of the Code of Fair Com-
petition for the Construction Industry is not designed to and will
not eliminate or oppress small enterprises and will not operate to
discrininnate 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
Heavy Construction and Railroad Contractors Subchapter of the
General Contr. 'tors Chapter of the Code of Fair Competition for
the Constructioni Industry.
For these reasons, therefore, the National Industrial Recovery
Board recommends approval of said Heavy Construction and Rail-
road Contractors Subchapter of the General Contractors Chapter of
the Code of Fair Competition for the Construction Industry; with
the proviso contained 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:
L. C. MARSHALL,
Executive Secretary.
APRIL 27, 1935.











Sun-CIIAIrTEl II-B


SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE HEAVY CONSTRUCTION AND RAILROAD CON-
TRACTORS INDUSTRY

A S'UliiVISIl N(' OF THE GENERAL CONTRACTORS DIVISION OF THE CONSTRUC-
TION INDU;.s'TY

ARTICc'E I-APPLICATION

The provisions of this Chapter shall apply to the Heavy Construc-
tion and Railroaid Contractors Subdivision of the General Contrac-
tors Division of the Construction Intdustiry (as defined herein)
excluding operations therein undertaken before the effective date
hereof.
ARTICLE II-DEFINITIONS

SECTION 1. Heavy Coxioffrut ion am~ Railroadr Con fracor.-The
term "Heavy Construction and Railroad Contractor" or "member
of this Subdivision" as used herein is hereby defined to mean a
General Contractor as defined in Section 1, Article I, Chapter II
of the Code of Fair Competition for the Construction Indust ry, and
includes without limitation, any individual, partnership, association,
trust, trustee, trustee in bankruptcy, receiver, corporation or agency
which undertakes, whether by formal count ract or otherwise to direct,
superintend, coordinate or execute, directly or through others, the
work of constructing, .substantially in its entirety, any fixed struc-
ture and other improvements, or modification thereof or an addition
or repair thereto, including any structure or operation which is
an incidental part of a contract therefore, including without limita-
tion, except as specified hereinafter, heavy construction and railroad
projects, such as railroad construction projects, heavy construction
and railroad bridges, heavy construction :,wers and watermains,
grade separations involving a railroad, foundations, pile driving,
piers, abutments, retaining walls, viaducts, tunnels, subways, track
elevation, elevated highways, drainage projects, sanitation projects,
aqueducts, irrigation projects, flood control projects, reclamation
projects, reservoirs, water supply projects, water power development,
hydroelectric development, transmission lines, pipelines, locks, dams,
dikts, levees, revetments, channels, channel cut-offs, intakes, dredg-
ing projects, jetties, break-waters, docks, harbors, industrial sites
(excluding paving operations), excavation and disposal by contract
of overburden and the loading by contract of all materials from
which the overburden has been removed; including the operation,
maintenance and repair of all land and floating plant, equipment,
vehicles, and other facilities used in connection with and serving the







aforementioned work and services; and excluding only buildingc as
defined in Chapter II-A, and Highway Cin:s ruction as defined
in Chapter II-C, and excluding the following operation.-, with re-
spect to new projects, maintenance projects or improvement projects
(including the use and operation of tugs and launches employed as
tenders; in connection therewith), namely, dredging, submarine rock
removal, land reclamation by dredging, marine and subiaqui;tus
work in rivers, harbors and waterways, when done principally by
'marine plant and the crews thereof.
SE(C-rIN 2. The term "Heavy Construction and Railroad Con-
tractors' Subdivision" or "this Subdivision" as used herein shall
include the work above de-scribed when performed by a Heavy Con-
stru,-tiion and Railroad Contractor as defined hereini.
SECTION- 3. Divisional Code Authority.-The term "Divisional
Code Authority for the purposes of this Chapter shall mean the
Code Authority established under Section 1 of Sub-division A of
Article II of Chapter II for the General Contractors Division of
the Construction Indu.-try.
SECTION 4. Classification.-Any operations within the definition
of Article II of Chapter I of this Code, which are not provided for
in any approved Division.al or Subdivisional Chapter of this Code
(including Chapters and Sub-Chapters subsequently approved when
effective) shall, when performed by a member of this Subdivision
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
provisions of Chapter I, Article IV A, Section 2 (f) as amended.
This is without prejudice as to any rights of members of this Sub-
division in connection with any Chapter or Sub-chapter of this Code
now or hereafter approved.
SECTION 5. 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 Heavy Construction and Railroad Contractor who has al-
ready 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 Heavy Construction and Railroad
Contractor as herein defined shall be construed as a Heavy Construc-
tion and Railroad Contractor and be subject to all of the provisions
of this Code. However, nothing herein shall be construed as exempt-
ing such Subcontractor from complying with the more stringent
requirements of another Chapter or Subchapter of this Code to
which he may be subject.
SECTION 6. Assac'afior.-The term "Association" as used herein
shall mean the Associated General Contractors of America.
SSErIro 7. This Code.-The term "this Code" for the purposes
of this Subchapter means and includes Chapter I, Chapter II, and
Chapter II-B of the Code of Fair Competition for the Construction
Industry. Chapter I and II shall apply except as herein specifically
provided. In their application herein the provisions of Chapter II
shall prevail over conflicting provisions of Chapter I and the pro-
visions of Chapter II-B shall prevail over conflicting provisions of
Chapter I and Chapter II.







ARTICeI. III-HouRs, WAGES AND CONDITIONS OF EMPLOYMENT

SECTION 1. Hours.-The limitations as to hours of employment
provided in Siibdivisioni 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 exces- of
fifty-six (56) hours in any one (1) week, except there shall be no
limitation upon the hours of watchmen when hout-ed on the work,
provided, however, that no watchmen shall be perniitt d t wo4ofk
more than six (6) days in any one (1) week.
(b) Job and/or field clerks and camp and quarterboat 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 dollars ($35.00) per week, who shall not be permitted to
work in excess of the maximum hours prescribed for the employees
supervised, plus a tolerance of fifteen (15) per cent.
(d) This Section does not re:trict the exemptions as to hours of
employment conferred in Subsections 3 (a.), 3 (b), and 3 (c) of
Subdivision B of Section 2 of Article III of Chapter I of this Code,
except that Subsection 3 (a) hereiii des-cricd shall not apply to
supl5crvi ry employees earning less than thirty-five dollars ($35.00)
per week.
SFIr: TIN 2. Wages.-The minimum wages to be paid to ;iemployees
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 Clhapter I of this Code.
SECTION 3. Payment of Wages.-All members of this Subdivision
shall make payment of all wage: due in lawful currency or by-
negotiable check therefore, payable on demand at par. If wages are
paid by check, the employer shall provide reasonably accessible
facilities for cashing checks at face value without expeiise to the
employee. Employers shall also provide such identification as is
]nec .--ryv to utilize such facilities.
SCI:TrION 4. i2ime of Payment ond DT ,luc/,ians.-Except as other-
wise provided in Section 2 hereof, wages shall be due and payable
at least semimonthly. 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 acieppt,
directly or indirectly, rebates on such wages or give anything of
value or extend any favors to any person for the purpose of inflienc-
ing rates of wages or working conditions of their employees.
SECTION 5. General.- (a) Members perform m zn manual work.-
To the extent permitted by the Act members of this Subdivision
when personally performing manual work or engaged in mechanical
operations shall not when so performing or so 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 re-
employed at a lower wage rate for the purpose of evading the
provisions of this Code.







(c) Dismissal for complaints.-No employee shall be dimis-ed or
demoted.l by reason of making a complaint or giving evidence with
respect to an alleged violation of this Code.
(d) Handicapped person.-A person whose earning cipauity is
limited because of age or physical or mental handicap or other
infirmity inay be enllloyed on light work at a wage below the mini-
mum e.-tablished 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 certificates. Each employer shall file
monthly with the Administrative Committee a list of all such per-
sons employed by him within this Subdivision, showing the wages
paid to and the maximum hours of work for each such employee.
(e) Safety andl Health.-Each member of this Subdi,vision-shall
provide for the safety and health of his employees at the place and
during the hours of their employnient.
Standards for safety and health, including miiniimunm standards,
for sanitation, construction, size, operation and food, for labor camps,
shall be developed by a Commlnittee composed of three lmemlbers of
this Subdivision to be appointed by the Administrative Comlinittee
and financed by funds available to it and submitted to the National
Industrial Recovery Board by the Administrative Committee for ap-
proval within three (3) months after the effective date of this Sub-
chapter. After approval, such standards shall become the minimum
standards of safety and health for all members of this Subdivision
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) Post;,in.-On and after the effective date of this Code all
employers shall post and keep posted in conspicuous places accessible
to all employees, official copic.e of all provisions of this Code which
affect hours of employment, rates of pay and all other labor
provisions.
SECTION 6. Mui2na Agreements.-Any association or group of
members of this Subd:ivision 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 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 for 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 hearing thereon or approval
thereof filed or to be filed with the National Recovery Administra-
tion, 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 bind-
ing only upon members of this Subdivision on operations and work
in the specifically defined region or locality in which the agreement
applies.
(b) lThe tenrmi of this mutual agreement shall not be binding upon
the employers and employees of any other Division or Subldivisioni
of the Industry.
(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 Subdi vision 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
defined in this agreement.
(d) This mutual agreement shall in no way prejudice the right
of other iibdivi ioiin to establish in the same area or another area
mutual agreeitments of their own making pertaini.ng to occuipations.
employees and types of operations of other subdivisions de-r.,ibed in
Chapter II.
(e) The terms of this mutual agreement shall exclude any opera-
tions undertaken in accordance with bona fide bi,i. made prior to
the effective date of this agreement and contracts entered into prior
to suich effective date.1

ARTICLE IV-ADMINISTRATION

SECTION 1. The Administrative Coimi ;tttuc.-An Administrative
Committee for the Heavy Construction and Railroad Contractors
Subdivision is hereby constituted to administer this Code within
this Subdivision. Said Committee, hereinafter referred to as "the
Administrative Committee ", shall consist of fourteen (14) 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 Heavy Cointruction and Railroad Contractois.
Each member so appointed shall serve until his sui'cee-,or is ap-
pointed, which appointment shall be made in like manner. The
six (6) remaining members of the Administrative Comlmittee shall
be appointed annually by the Divisional Code Authority from nom-
inations made by the members thereof who are Heavy Construction
and Railroad 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
six (6) members shall serve until his successor has been selected,
1 See paragraph 3 of order approving this Code.







qualified -nd appointed as above, or ha. been selerfte by the non-
members of the As-sociatioun pursuant to a method of s. lection satis-
factory to and approved by the National Indlustrial Rlcoveory Boiard,
provided such successor has been approved by the National Indus-
trial Recovery Board. If three (3) of said six (6) members shall
become members of the Association during the period of their ternm
of office as members of the Administrative Committee, no other of
said members of the Administrative Committee may join the Asso-
ci'tion without, being disqualified, from the date upon which he
becomes a member of the As.-.ociation, from further membership in
the Aldministrative Committee as a representative of members of
this Subdivision who are not members of the Association. Any
member of the Subdivisin appointed to the Administrative Com-
mittee to represent the members of this Subdivision who are not
members of the Association, or selected or appointed sucnes.or to
any such member of the Administrative Committee, shall be subject
to approval by the National Industrial Recovery Board.
SECTION 2. Porwers and Duties.-The Administrative Commriiittee
shall have, in addition to such powers and duties as are set forth
in Section 2 of Subdivisiion B of Article II of Chapter II and as may
be delegated to it by the Divisional Code Authority, the following
powers and duties:
(a) To establish regions and appoint local coimllitttes for the
various regions as it deems necessary for the administration of this
Code giving due consideration to the scope, character, and territory
of the work to be performed. Representative groups of Heavy Con-
stfuction and Railroad Contractors may apply to the Administrative
Committee for the establishment of regional areas and may make
recommendations as to the number and personnel of the local
committee.
(b) To establish and/or change the jurisdiction or personnel of
any administrative agency established by it for this Subdivision.
(c) Its members or its authorized representatives may attend meet-
ings of any administrative agency established by it for this Subdi-
vision.
(d) 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.
(e) To defray expenses in establishing and administering this
Code from the equitable apportionment it receives from the Divi-
sional Code Authority from the funds derived as authorized in Sec-
tion 2 (b), Article II-A, Chapter II.
(f) 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.
(g) To prescribe regulations requiring that members of this Sub-
division of the Industry shall not submit a competitive bid, as defined
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 Article unless such owner or other person agrees to com-
ply with the regulations provided therein governing an awarding
authority.
(h) Regulations, methods and rules formulated in accordance with
the foregoing paragraph (g) shall be filed with the National Indus-
trial Recovery Board and shall become effective upon approval by
the National Industrial Rerovery Board. Failure of the National
Industrial Recovery Board to disapprove any sulh regulation,
method or rule within thirty (30) days after receipt thereof -lhall be
deemed approval of such regulation, method or rule as of the date of
the expiration of such period. Any such regulations, ietihods or rules
shall be effective upon approval for the period specified therein or
until approval is withdrawn by the National Industrial Recovery
Board becan Ie of inequitable, unfair or unjust opera in thereof.
SECTION 3. Rf!,/;onal Administrative Co mmittees or Agencies in
the Subdivisio'.-Regional Committees, agencies or repre entative.
may be vested with and may have such of the powers and duties
of the Administrative Committee as it delegates to the Regional
Commlnittee, agency or relre-eintative for the proper discharge of its
functions in the particular region. All rules and regulations of
Regional Committees must have the approval of the Administrative
Committee and must not be inconsistent with the rules and regula-
tions of the Divisional Code Authority.

ARTICLE V-AUTHORIZED EXEMPTIONS

Whenever any work within the definition contained in Siibchapter
II-B, Article II, Seel in 1, is exempted by competent Governmental
authority or agencies (whether Federal, State, or political subdivi-
sions thereof) acting in accordance with law, from any or all of
the provisions of Chapters I and II and Subchapter II-B and/or
is being or may be perfriiied 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 except ions from the same
provisions of Chapters I and II and Supchapter II-B shall apply
and govern as to any and all members of this Subdivision with ref-
erence to such work. Such exenimptions or exceptions shall not be
construed to permit, a member of the Industry to so reduce wages
or lengthen hours as to result in wage. lower or hours longer than
those observed by such r;im-inmenibers of the Industry. Nothing
herein shall be construed as waiving the obligation of members of
this Subdivision from registering construction work, furnishing
statistics, and paying authorized assessments.

ARTICLE VI-APPEALS

SECTION 1. Local Adjust ~ents.-Controversies or complaints
within this Subdivision shall be fully determined and adjusted so far
as practical locally by the Regional Committee, agency, or rep-
resentative appointed or delegated by the Administrative Committee.
SECTION 2. Appeal to Administr atie Committee.-Any party di-
rectly affected shall have the right to appeal to the Administrative
Committee established herein and of a prompt hearing and decision.








SECTION 3. Appai to Db'isional Code Authority.-Any party di-
rectly affected shall have the right of appeal to the Divisio;al Code
Authority and in turn to the Const auction Appeals Board for the
Construction Industry and of a prompt hearing and decision.
SECTION 4. Power of Authority.-In the event of controversies
affecting this Subdivision with another subdivision of General Con-
tractors the Administrative Committee shall refer the controversies
-to the Divisional Code Authority which has original jurisdiction
over'controversies affecting more than one subdivision of General
Contractors-

ARTICLE VII-COMPETITI'VE BIDDING PRACTICES
SE(TION 1. Bitddif, to Subdivision. Mofii.er'.-NegoLtiaios of
any kind, conducted solely between members of this Subdivision for
the perfo'rima nce of construction operations defined in this Suibchap-
ter and not affecting operations of other divisions or subdivisions
under this Code, shall not be construed as "competitive bidding "
nor subject to any of the provisions of Article VII, Chapter I of this
Code.
SECrTIONN 2. AIt 'rnoaft.-Alternate proposals for construction
operations defined in this Subchapter II-B shall be exempt from
the provisions of Section 3 (a) and 4, Article VII, Chapter I, and
Sections 1 (a) and 1 (b), Article IV, Chapter II, when such alter-
nate proposals are not prohibited by the awarding authority and
are made by a member of this Subdivision of the Industry as a re-
sult of his own initiative, ingenuity and/or engineering, proposing
methods, design, and/or construction procedure differing from that
called for by the plans and specifications.
SECTION 3. Chleck ;nq Bids.-The members of this Suibdivision shall
be exempt from the provisions of Section 14, Article VII, Chapter I,
or any voluntary or mandatory actions of the Code Authorities in
connection therewith. The ATdministrative Committee of this Sub-
division may provide satisfactory rules or methods for checking bids
of the bidders and estimates of the awarding authority for any
region or class of construction. Such rules or methods shall be sub-
ject to the provisions of paragraph (c) of Section 2 of Subdivision
B of Article II of Chapter II of this Code.
ARTICLE VIII-PIROVISIONS AND DEFINITIONS OF CIIAPTER I AND
CHAPTER II

Reference to Provisions of Clhapter I and Chapter 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, subject to the
provisions of Sect ion 6 of Article II hereof.
ARTICLE IX-AMENDMENT

SECTION 1. Subject to the provisions of Section 2 (c) of Article
IV-B of Chapter I of this Code, the Subdivisional provisions of this
Subchapter II-B, except as to provisions required by the Act, may




UNIVERSITY OF FLORIDA

u II IIli llw i u111 m1 111 u 11 u1 N1U1II IIIIlII iI II
14 3 1262 08584 7506

be aenllded on the basis of experience or changes in circumstances,
stuch a:i~ntendnlents to be bae(d uIpon application to the National In-
dustrial Recovery Board and swuh notice.- and hearings as it shall
specify.
SECTION 2. Any aiienuldmient proposed by members of this Sub-
diviiiln or any Colmmittee or group of such members shall be sub-
mitted to the Adminii-trative Committee of Chapter II-A, and
Chapter II-C, and to the Divisional Code Authority and to the Con-
struction Code Authority at least ten (10) days before application is
made to the National Recovery Administration for a hearing upon
such amendment.
ARTICLE X-EFFECTlvw DATE

This subchapter II-B shall become effective on the tenth (10th)
lday after its approval by the Presidlent.
Approved Code No. 244A-Subdivision No. 2.
]t.gistr.v No. 1016-146.




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Approved Code No. 244A-Subdivision No.2 Registry No. 1616-140 NATIONAL RECOVERY ADlVIINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE HEAVY CONSTRUCTION AND RAILROAD CONTRACTORS INDUSTRY (A Subdivisi01 of the General Contractors Division of the Construction Industry) AS APPROVED ON APRIL 29, 1935 BY PRESIDENT ROOSEVELT STATES L-::::.::.:-:..---rnlVERNMENT PRINTING oFFICE WASHINGTON: 1935 For sale by the Superintendent of Documents, Washlngton, D. C. ---• -Price 5 cents

PAGE 2

This publication is for sale by the Superintendent of Docume:,ts, Government Printing Office, Washington, D. C., and lJy the foUowing N. n. A. Atlanta, Ga.: 625 Citizens & Sou thern National Bank Building, Baltimore, Md. : 1 3 0 Customhouse. Birming ham, Ala.: 201 Liberty NatiQnal Life Building. Bo sto n, l\las .: Room 1200, 80 F e d eral Street. Buffalo, N. Y. : 219 White :Building. Chi ca g o , Ill.: Room 2 04 , 400 North Michigan Avenue. Cleveland , Ohio: 520 Bulkley Building. D a ll as, Tex. : 1212 Republic Brulk Building. D etroit, Mi ch.: 415 N e w Federal Building. Houston, T e x. : 403 Milam Building. Jacksonville, Fla.: 425 United States Courthou8e and Pos t Office Building. Los Angel es , Calif.: 751 Figueroa Street, South. Louisville, Ky. : 408 F ederal Building. Minn ea polis, Minn. : 900 Roanoke Building. Nashville, Tenn.: 415 Cotton States Newark, N. J.: 434 Industrial Office Building, 1060 Broad Street. New Orleans, La.: 214 Customho u se. New Y o rk, N. Y.: 45 Broadway. Oklahoma City, Okla.: 427 Commerce Exchange Building. Philadelphia, Pn . : 933 Commercial Trust Building. Pittsburgh, Pa.: 401 Law and Finance Building. Portland, Oreg.: 407 Park Building. Providence , R. I.: Nati.onal Exchange Bank Building, 17 Exchange Street. St. Louis, Mo. : Suite 12'20, 506 Olive Street. San Francisco, Calif.: Humbolt Bank Building, 785 M arket Street. Seattle, Wash.: 1730 Exchange Building.

PAGE 3

Approved Code No. 244A-Stibdivision No. 2 SUPPLEMENTAR-Y CODE OF FAIR COMPETITION ,-oR 'IRE HEAVY CONSTR . UCTION AND RAILR OAD CONTRACTORS INDUSTRY A s Approved on April 29, 1935 BY PRESIDENT ROOSEVELT EXECUTIVE ORDER SuPPLEMENTl\RY ConE OF FAm Co:MPETITION FOR THE HEAVY CoNSTRUCTION AND RAILHOAD CoN'rnAcTons INDUSTRY A SUBDIVISION OF T l -IE GENERAL CONTRACTORS DIVISION OJ<"' THE CON STRUCTION INDU, TRY An application having 1 een duly made, pursuant to and in full compliance with the provi sions of Title I of the National Indn trial Rec overy Act, approved June 16 , 19 33, and pursuant to and in full compliance with the provision of Secti on 5 of Arti cle VIII of Chapter I, approved Jan nary 31, 1934, and pursuant to and in full compliance with the prov i s ion s of S()ction 2 of Article I of Chapter II, approved February 1 7, 1931, of the Code of Fair Competition f o r the Construction Inclu. try, for approval o:f Subchapter II-B of Chapter II of sa i d Code, which Subchapter is appli cab l e to the Heavy Constru ctioJ.1 nn l Railroad Contra tors Subdivision of the Gen eral Contractor Divi ion of the Cm truction Industry, and h earings having be e n h elt1 ther eon, and the National l 1 du tri a l Re cDvery B oard having rendered its report containing a n analysis of said SubchaptBr II-B a .nd of sa i d Code of Fair ompetiti on as am ended by the addit i on thereto o f said Suhchapt II-B, together with its r ecommendations and with r espec t t he reto, and the National Industrial R ecovery Board having found that the aiel Subchapter II-B and t he said Code of Fair Competition, as amended by the addition thereto of said Sub hapter II-B, complie in all re pects with the pertinent provis ion of Title I' o:f , aiel \.ct, and that the requirement o (1) and ( 2 ) of ub e tion (a) of Section 3 of the aid Act have been met: 1 3 2665--1 844 -2----35 (1)

PAGE 4

2 NO\V, TI-IEREFORE, I, Franklin D. President of the United State s, purs u ant to the authority ve s t e d in me by Title I of the National In lustrial Recovery Act, approved June 16, 1933, and otherwi se, do adopt and approve the report, recommendations, and findings of the N ational Industrial R e cov ery Board and do orde r that the s aid Subchapte r II-B be and it is h e reby approved, and that the previou s approval of said Cod e o Fair Com.petition for the Construction Industry is hereby amended to include an approval of said Code in its entirety as s upplemented by said Subchapte r II-B: PROVIDED, HO'\iVEVER, that the op eration of Se c tion 6, lllu tual .A.gr e em , e nts, of Article III, may be review e d by the National Industrial Recov ery Boar l w ithin s!xty (60) days after the e ffec tive date of this Subchapror II-B and if upo n a finding that the said S e ction 6 unfairly interfe res in any re s p ect, with the process or freedom of colle c tive bargaining, said Se c tion G b e immediately stayed pending my further orde r. FRANKLIN D. ROOSEVELT. Approval recommended: NATIONAL INDUSTRIAL REcOVERY BoARD, By L. C . MARSHALL, E xec u tive Secretary . THE WHITE HousE, Ap1il 29, 19 3 5 .

PAGE 5

LETTER OF TRANSMITTAL The PRESIDENT, The lVhite Hm.tse . SIR : Thi. is n. report on the Heavy Constru tion and Railroad Contracting Subdivision, Subchapter I -B of the General Contrac tor Divis ion , de cribed as Chapter II n:hd approved by you on F ebruary 17, 1934 , of the Code of Fair Competition for the Con struction In lustry. This Subchapter as submitted by the Associated General Contractors of America, Inc . , has been revised subseq u en t to public hearing cond ucted in 'Vashington on May 21, 1934 , in accordance with the provisions of the National Industlial Recover y Act. THE INDUSTRY The Industry, as defined in the propo eel Subchapter II-B, includes the work of a general contractor who by formal contract or otherwi e directs and/or superintends and/or coordinates, and/or execute substantially in its entirety the work of constructing some forty-two specified types of construction projects and operations and excluding only building construction, highway construction, and projects c on tructed principally by means of marine plant. 'Vork men under two hundred classiticat'ons are employed at. work which may be generally cla ss ified as skilled, semi-skilled, and uns killed. PROVISIONS FOR HOURS AND WAGES The limitation as to hour of employment provided in Subdivision B of Section 2 of Article III of Chapter I, apply to members o this Subdivision with the following exceptions : (a) Watchmen, who shall not b e permitted to work in exce s 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 ancl jor field clerks and camp and quarter-boat 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 le ss than thirty-five dollars ($35.00) per week, who shall not be permitted to work in excess o the maximum hours prescribed for the employees supervised, plus a tolerance of fifteen (15) per cent. The wage provisions of the approved Basic Code for the Construction Industry apply to members o this Subdivision. Additional provisions governing methods o payment of wages, deductions, and reaulations for members performing manual work, reclassifi ation of employees, safety and health measures and provision for submission of mutual agreements for arriving at wages above the minimum are contained in this Subchapter. (3)

PAGE 6

4 ECONOMIC EFFECT OF THE CODE Statistics prepared by t h e R esea r c h and Planning Divi s ion indicate the fo ll owing fluctuations in work ontracte for in this Subdivi sion: 19 29, $663,937,600; 1930, $1,150,952 , 300; 1931, $692 , 537,000; 1932, $283,318,900 and 1933, $37 3,580,500 . The actual work per year varies somew hat l ess than the se figures indica te. E s timates of the amount of heavy construction performed by general contractors vary from 60 to 80 percent of the total. It is impossible t o calculate the number of person s e mployed in this branc h of cons truction. It i s estimated that there were, in 1929, 211 , 000 man-year s of employment which declined in 1932 to about 89,700, ri to some 118,2 00 in 1933. The forty cent minimum rate e . tal lishe d 1n Chapter I of the Construction Code i s estimated to aff ect a bout sixty percent of the workers in this Subdivision, and it i estimate d to incr e a se hourly wage rates from five to forty percent for unskilled work in different l oca li ties . The increasing efficiency of mechanical e quipm en t in con truction work and the corresponding incr ease in labor efficiency has di s placed so many emp lo yees that it is difficult to estimate the effect of the hours provisions of the c on struction code in this Subdivi s ion. Equipment charges represent approximately 23.8 percent of the total value of construction performed, while labor charges represent 28.6 per c ent, material and supplies involved 29.9 percent, and general over head and profit 17.7 p e rcent. It will be not e d that the general purpose of a C o de for this Sub division i s to facilitate the administration of the Basic Code of Fair Competition for the Construction Industry. The D eputy Administrator in his final report to the National Industrial Recov ery Board on said H e avy Con struction and Railroad Contractors Subchapter of the General Contractors Chapter of the Code of Fair Competition for the Construction Industry having found as h e rein set forth and on the basis of all the proceedings in this matter: The Board finds that : (a) Said Heavy Construction and Railroad Contractors Subchapter of the General Contractors Chapter of the Code of Fair Compe tition for the Con struction Industry is well de s igned to promote the purposes of Title I of National Industrial Recovery Act, 1nclud1ng 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 a-ction among the trade groups, by inducing and n1aintaining united action of labor and management under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the full est possible utilization of the present productive capacity of indus tries, by avoiding undue restriction of production (except as may be temporarily required), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry.

PAGE 7

5 (b) Said Heavy Con . truction and Railroa. d Contractors Subchap ter of the General Contractors Chapter of the Code of Fait Com petition for the Con truction Industry complies in all l'e. pects with the pertinent provi ion of said Title of said Act, includinowithout limitation subsection (a) of section 3, subsection (a) of ection 7, and sub ection (b) of Section 10 thereof; and that the applicant a . sociation i an indu trial association truly repre entative of the aforesaid Industry; and that said association imposes no inequitable re strictions on admis ion to membership therein. (c) Said Heavy Con truction and Railroad ontractors Subchap ter of the General Contractors of the ode of Fair Compe tition for the Con truction Industry is not de . igned to and will not permit monopolies or monopolistic practices. (d) Said I-Ieavy Con truction and Railroa-d Contractors Subchapter of the General Contractors Chapter of the Code of Fair Com petition for the Construc tion Industry is not designed to and will not eliminate or oppress small enterprises and wal not operate to eli criminate against them. (e) Those engaged in other steps of the economic proce. s have not been deprived of the right to be heard prior to approval of said Heavy Construction and Railroad Contractor Subchapter of the General Contrn tors Chapter of the Code f Fair Competition for the Construction Indn try. For these reasons, therefore, the National Industrial Recovery Board recommends approval of said _Heavy Construction and Railroad Contractors Subchapter of the General Contractors Chapter of the Code of Fair Competition for the Construction Industry; with the proviso contained in the Executive Order for further and possible stay of Section 6 of Article III, which pertains to Mutual Agreements. For the National Industrial Recovery Board: APRIL 27, 1935 . L. c. MARSHALL, Executive Secretary.

PAGE 8

II-B SUPPLEMENTARY C DE OF FAIR C01v1PETITION FOR TJIE I-fEA VY AND RAILROAD CONTRACTORS INDUSTRY A SUI3Dl\'ISION OF THE GENERAL CONTRACTOTIS DIVISIO N OF THE CON''TRUCTTON INDU 'TRY ARTICL'E I-APPLICATION The provision s of this Chapter shall apply to the Heavy Construc tion and Railroad Contrac tors Subdivision of the General Contractors Divi ion of the t!onstruction Indu try (a defined herein) excluding operations th rein und:.rtaken b fo r e the effective date hereof. ARTICLE II-DEFINI'l'IONS SECTION 1. H eavy Oonstruction and Rail1oad Cont1actor.-The term "Hoavy Construction and Railroad Contractor" or "member of this Subdivision" as used herein is hereby to mean a General Contractor as defined in Section 1, Article I, Chapter II of the. Code of Fair Competition for the Construction Industry, and includes without limitation, any individual, partnership, associati01i, trust, trustee, trust-ee in bankruptcy, re c eiver, or agency which undertakes, whether by formal contract or otherwise to direct, superintend, coordinate or ext:>cute, directly or through others, the work of constructing, 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 incidental part of a contract therefor, including without limita tion, except as specifi e d hereinafter, heavy construction and ra.ilroad projects, such as railroad construction projects, heavy construction and railroad bridges, heavy con truction sewers and watermains, grade separations involving a railroad, foundations, pila driving, piers, abutments, retaining walls, viaducts, tunnels, subways, track elevation, elevated highways, drainage projects, sanitation projects, aqueducts, irrigation projects, flood control projects, reclamation projects, reservoirs, water supply projects, water power development, development, transmissiOn lines, pipelines, locks, dams, dikes, levees, revetments, channels, channel cut-offs, intakes, dredg ing projects, jetties, break-waters, harbors, industrial sites (excluding paving excavation and disposal b:y: contract of overburden and the loachng by contract of all matenals from which the overburden has been removed; includine; the operation, and repair o all land and floating plant vehicles, and other facilities used in connection with and serving the (6)

PAGE 9

7 aforementioned work ancl serv ice ; and excluding -onl y buildings us clefin l in C hapter II-A, and Highway Coi?struction a s d erinec1 i • Chapter II-C, and excluding the following operations with re spect to new projects , maintenanc projects or improvem e n t projects (i ncluling the use and operation of tugs and laun hes employed. as tenders in con n ection t herewith), namely, dredging, submari ne rock r e m oval land reclamation by dredging, marine and subaqueous work L.'l r iver s , harbors and waterway s , when done principally by marin plant and the c r ew thereo f. . SECTION 2. The term " H eavy Construction and R ailroad Con tra tor ' Subdivi sion" or "this Sub d ivi s ion" as used horein shall in lude the work above de scribe d w h en performed by a H eavy C on :::;truction and Railroad Contractor as defined here in. SECTION 3. Div isional Cod e Authority. -The term " D ivisiona l Code Authority " for the of this Chapter shall m ean the Code Authority established under Secti on 1 of Sub-division A of Article II of Chapter II for the Ge neral Contractors Divis ion of the Con truction Industry. SECTION 4 . Olassifi cat ion .-.Any operations within the definition 9 Article II of Chaph" r I of this Coda, which are not provided for in any approved Divis ional or Subdivisional Chapte r of this Code (includin g Chapters and Sub-Chapters su b sequently approved when effe ctive) s hall, when performed by a m e mb e r of this Subdivision with his forces be included in and b e a part of t h e activities of this Subdivision . Nothing h erein shall be construed as limiting the provis ions of Chapter I , Article IV A, Sec t ion 2 (f) a s amended . This is without prejudice a s to any rights of members of this Sub divi sio n in connection with any Chapter or Sub-chapter of this Code now or hereafter approved. SECTION 5 . Bu b c o nt?actoT.-(a) The term "Subcontractor" as us e d herein shall mean anyone other than an emp loyee who enters into a contract for the performance o f any work of this Subdivision with a H eavy Construction and Railroad Contractor who has already contracted or otherwise arranged for its performance . (b) A Sub contractor underta king to p erfor m any of the func tions or any part of the :functions o f a Heavy Construction and Railroad Contractor as h e r ein defined shall b e c on strued as a Heavy Con s truc tiqn and Railroa d Contractor and b e subject to all of the provisions of this Code . lloweve r, nothing herein shall be construed as exempting uch Subcontractor from complying with the more stringe-nt requirements of another Chapter or Subchapter of this Code to :which he may be s ubj ect . SEcTION 6. Assomation.-The term "Association" as used h erein shall ni.ean the Associated G eneral Contractors of Amer i ca. SEcTioN 7. This Ood e.-The term "this Code" for the purposes of this Subchapter means and includ es Chapter I, Chapter II, and Chapter IIB of Code of Fair Competition for the Construction Indu try. Chapter I and II shall apply except as herein provided. In their applicatio n h e rein the provis ions of Chapter II shall prevail over conflicting provis ions of Chapte r I and the provision s of Chapter II-B shall prevail over conflicting provisions of Chapter I and Chapte r II.

PAGE 10

8 AnTICLE III-HouRs, ''T AGES AND CoNDITIONs OF EMPLOYMENT SEcTION 1. If ou1 s.-The limitations as to hours of 1wovided in Subdivision B of S ection 2 of Article III of Chapter I of this Code s hall not apply to the followin g : (a) ' Vatchmen, who shall not b e p ermitte d to wo r k in excess of fifty -six (56 ) hours in any one (1) w ee k , except there shall b e no ]imitatio n upo n the hours of watchmen when housed on the work, proviued, how ever, that no watchme n shall be to m ore than si x (G) days in any one (1) w ee k. (b) Job anclj o r field clerks and camp and quarterboat service emp lo y e es, who shall not be limite d a s to h ours, but shall not be p ermitted t o work in excess of six (6) days per we e k. ( c ) Employees e ngaged in supervisory work r eceiving le ss than thirty -fiv e dollars ($35.00) per w ee k, who shall not b e p ermitted to work in exces s o f the maximum hours prescribe d fo r the e mployee s npe rvisecl, plus a tol erance of fifteen ( 15) per cent. (d) This Sect i o n d oes not r estrict the exemptions as to hours of emp loyment conferred in Subsections 3 (a), 3 (b), awJ 3 ( c ) of S ubdivi s i o n B of Section 2 of Article III of Chapter I o f this Code, except tha.t Subsection 3 (a) h e r ein d escr ib e d shall not apply to supervisor y employees earning l ess than thirty-five d ollars ($35.00) per week. SECTION 2. IV ag es.-The minimum wage s to be paid to e m ployee s working the hours p ermitted by Paragraphs (a): (b), and ( c ) of Sectio n 1 hereof , for the hours worked, shall be not le ss than the hourly rate prescribed in the first paragraph of Subdivis ion A of Section 2 of Article III of Chapter I of this Code. SECTION 3. of lVages.-All member s of this Subdivision sh all make payment of wage s due in lawful currency or by n egotiab l e c he ck therefore, payable on demand at par. If wage s are paid b y check, the employer shall provide reasonably acce ss ibl e facilities for c a shing c h ec k s at fac e value without exp e n se to the e mployee. Employers shall als o provide s uch identifi cation as i. n eces sarv to utilize s u c h facilities. SECTI O N 4. Time o f Payment and D e d1tcti o ns.-Except a s other v,r j se provide d in Section 2 hereof, wages shall be clne and payable a t least semimonthly. " T ages shall be exempt from any payment for pensions, 1nsurance or s i c k benefit s except such a s is voluntarily pajd or required by lav.r. Employers or their agents shall not accept, directly or indire-ctly, rebates on s u c h w a ge s or g iv e anything of value or extend any favors to any perso n for the purpos e of influ e ncing rates of wages or working conditions of their employees. SECTION 5. G eneral.(a) 111 e n1>b e rs p e rfor?Tdng 1nanual work. To the extent permitted by the Act members of this Subdivision when l?er sonally performing manual work or engaged in mechanical operations shall not when so performing or s o enguged exceed the maxima a s to hours and days her-ein ' provided for employees doing the same work (b) E vasion.-N o emp loye e now emp loyed at a wage rate in excess of the minimum shall be r eclass ified or dis charged and re employed at a lower wage rate for the purpose of evading the provisions of this Code.

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9 (c) for c01nplaints.-N o emp loy ee shall be dis mi sse d or demo d by reason of making a complaint or giving ev i dence with respect t 9 alleged violation of this Code. (d) Handicapped p erson.s.-A person whose earning capacity i s limited becau e of age or physical or 1nental handicap or other infirmity l}1ay be employed on light work at a wage below the mini l11Um estab lished by thjs Code if the employer obtains from the State 4-uthority designated by the United States Department of Labor a authorizing his employment at suc h wages and for s uch hours as shall be stated in the certifi cates . Each employer shall file monthly with the Administrative Committee a lis t of all such persons employed by him within this Subdivision, s howing the wages paid to and the maximum hours of work for eac h s uch employ ee . (e) Safety and H ealth.-Each member of this Subdivision shall provide tor the safety and h ealth of his employe es at the place and during the hours of their employment. Standards for safety and h ealth, including minimum standards, for sanitation, construction , size, operation and food, for labor camps, shall be developed b y a CommittEe com po s ed of three members of this Subdivision to be appointed by the Administrative COJnmittee and financed by funds available to it and submitted to the N fltional Industrial Board by the Administrative Committee for a p proval within three (3) months after the e ffective date of this Sub chapter. Aft'e r approval, s uch standards shall become the minimum standards of safety and health for all m embe r s of this Subdivision and shall thereafter b.o a part of this Code and enforcea bl e as such. Where State In, ws 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 ke ep posted in conspicuous places accessible to all employees) official copies of all provisions of this Code which . hours of employment, r ates of pay and all other labor prOVlSlOllS. 6. Mu.t' ual Agreem . .ents.-Any as sociation or group of members of this Subdivision proposing to establish an agreement with their employees with respect to hours o f labor, rates of pay, or other conditions of employment governing the performance:> of work in this Subdivision, under and pursuant to Section l , Article ill, of Chapter I of this Code or the Act, shall send to the Divisional Code Authority at the time notice of h earing is published or sent to the employers to be subject to the agreen1ent a.nd, preliminary to the application for hearing ot approval to the National Recovery Administration, an accurate description of the specifically defined region or locality propose d to be em .braced by such agreeinei t, the types of operations and to be affected thereby, and in addition thereto the plan for hearing and form for method of notice thereof; and at tho tim of any application to theN ationa.l 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 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 j n connection therewith.

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10 Any mutual agreement described jn Section 1, Article III, Chapter I, as approved by the President, shall contain certain specifi
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11 qualified and appointed as above, or h as been se l ected b y th non member of ihe As ociation, pur uant to a method o SP.l ction :atis factory to ancl approved by the National Industrial Rec.overy Boa.rcl, provided uch ucces;:-or has been approved by th National Indu -trial Reco very Board. If three (3) of sai l s ix (G) m embers sh a ll becom e member of the Association during the period of th i r term of office a me mb 2rs of the Administrative Committee, no other of aid m emb"'r of the AdministratiYe Committee 1nay join h e Asso ei'ation without being disqualified, from the date upon which he b comes a member of the Association, from further member hip in the Administrative Committee a s a representative of memb rs of this Subdivision who are not mt:>mb ers of the A s ociation . A ny member of the Subdivi ion appointed to the Administrative Co m mittee to represent the m em b e r s of thiB Subdivision who a r e not member s of the A sociation, or selecte d or appointed ucce or to any s u c h m embe r of the Administrative Committee) shall b e . _ ; ubj ec t to approval by the N a.tion a l Indu trial Recovery Board. SECTION 2. Pow e rs and Duties.-The Administrative Committee shall have, in addition t o n uch powers and duties as are set forth in Section 2 o Subdivi. ion B of Article II of Char:,ter II and as may be delegated to it by the Divi i nal Code Authority, the following powers and duties: (a) To establish regions and appoint local conunittees for the various re g i o ns as it deems nec essary for the administration of this Code giving due con sideration to the sco pe, character, ancl territory of the work to b e performed. R.epre entative groups of lieavy Con sUuction and Railroa d Contractors may apply to the Administrative Committee. for the e stablishment of regional areas and may make reconun endations a s to the number and personnel of the local committee. (b) To establi h and/or change the juriBdiction or personnel of any administrative agency established by it for this Subdivision. (c) It members or its authorized representative.s may att(md meet of any admini trative agency e s tablished by it for this SubdiVISIOn. (d) To require the regi stration in a manner not inconsistent with any manner prescribed by the Divisional COOe Authority of all construction work applicable to this Subdivision and as defined and described i n Section 2 (b), Article II-A, Chapter II, in cooperation with tho Construction Code Authority and the Divisional Code Authority. (e) To defray expenses in establishing and administering this Code from the equitable apportiomnent it receives from the Divisional Code Authority from the funds derived as authorized in Sec tion 2 (b), Article II-A, Chapter II. (f) To presc ribe rules of fair competitive bidding pract ices for the memb ers of this Subdivision and such rule s , when approved by the Code Authorities of Chapters I and II and the National Industrial Recovery Board, shall apply to all members of this Subdivision of the Industry. (g) To prescribe regulations requiring that members of this Sub division of the Industry shall not submit a competitive bid, as defined in Sect.jon 1 (a), Article VII, Chapter I of this Code, to an owner or

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12 any other person cone ponding to an awarding authority as defined in such Article unle s u ch owne r or other person agr.ces to comply with the r eg ulation s provi ded therein governing an n.warcling authority. (h) Regu l ation s , metho ds and rule s formulated in accordance wjth the foregoing paragraph (g) shall b e fil e d with the National Industrial Recovery B oard and shall b'.lco me effective upon approval by the National Industrial Recovery Boarcl. Failure of the National Industrial Recov ry Board to eli approve any s u c h r eg ulation , m ethod or rule within thirty (30) days after r eceipt thereof sha ll b e d e med approval of such regulation, method or r ul e as of the date f the expiration of s uch period. Any s u c h regulations , methods m rule;:, s h all be effective upo n appr ova l for the p e riod s pecified the r e in or until approval j withdrawn by the National Industrial R ecove r y Board b eca use of inequitabl e , u nfair or unju. t operation the r eof . SEC'I'ION 3. R e gional Adndni t?"ative Committees 01' Ag-encies in th Subdivision.-Regio n a l Committees, agen c ie s or r ep r esentatives may be ve ste d with and may have s uch of the powers an d duties of the Administrative Conunittee a s it delegate s to the Re?-ional Committee, agency or repre entative for h e pror, er discharge of its func tions in the particular r egio n. All rule s and regulations of Rogional C ommittees m ust h ave the approval of the Aclmini trativ c Committe e and must not b e inc onsi s t ent w i t h t h e rules and r e gula tion s of the Divis ional Code Authority. ARTICUJ V-A UTHORIZED ExEMPTIONS vVhe n e\rer any work within the definition containe d in Snbchapter II-B, Artic l e II, Sect.i.on 1 , i s e x empte d by c ompet e n t G ov"rn m ental .-tUthorit y Ol' agenc i e ( whethe r F e d eral, State, or politica l s ubdivi s ion thereof) acting in accordance wi t h l aw, from any or all of t h e provi s ion s of C hapter I and II and Subcha pter II-B and/or i s being or may b e performed by a n y non-m e mber of the C on struction Industry so exempted from, or otherwise no t s ubj ect to, provisions of thi s Code, the n the ame ex e mptions or e xc e p t ion s f rom the same provis ion s of C hapters I an f l II and Supchapte r li-B shall apply and g overn as to a n y and all m em b e r s of this Subdivi s ion with r e f ere nce to s uch work. Such exemptions or except ions shall not be co n trued to p e rmi t a membe r of t h e Industry to so reduce wages or l engthe n hours as to result in wa ges low e r or hours longer than those obs erved b y s u c h rion-memb o rs of the Industry. h ere in shall b e constr u ed as wr,iv in g the obligation of memb ers of this Subdivisio n from r eg istering cm1struction work, furnishing statistics, and paying authorizeGl ARTICLE VI-APPEALS SECTION 1. Locnl Adjustm. ents.-Controversies or complaints within this Subdiv i sio n shall b e fully determined and adjusted so far as practi ca l lo cally b y t h e R eg i onal Committee, age ncy, or rep resentative appointed or d e l egated by the Administrative Committee. SECTION 2. Appeal to Omnmittee.-Any party di rectly a ffected shall have the right to appeal to the Administrative Committee establi heel h e rein and of a prompt hearing and decision. .

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13 SECTION 3. Appt' al to Division-a& Code Auth01ity .-Any party di I'ctly affect d shall have the right of appeal to the Divlliional Code Authority and in un to the Construction Ap.t!eals Doarr1 for he Construction Indu try and of a prompt hearing and d e ci . i o n. SECTION 4. Po wer of Authority.-In the event of contr oversies affecting this Subdivi io n with another subdivision of General Con tractors the Administrative Committee shall refer the controversies 1to the Divisional Code Authority which has original jurisdiction over controvers i es affecting more than one subdi vision of General ContractorsARTICLE VII-CoMPETITIVE BIDDING PnA r"riCES SECTION 1. Biddi, ig to Subdivision M e 111bers.of any kind, conducted olely between member of this Subdivision for the performance of construction operation defined in this Subchapter and not aff ecting operations of other divisions or subdivi sions nnder this C ode , s h all not b e construed as "competitive bidding" nor subject to any of the provisions of Article VII, Char,ter I of this Code. SECTION 2 . Alte rnat es.-Alterna t e 1 roposals for construction operations defined in this S ub chapte r II-B shall b e exempt from t.h,e provi ions of Sectio n 3 (a) and 4, Article VII, Chapter I , and Sections 1 (a) and 1 (b), Article IV, Chapter II, when such alternate propo al are not prohibited by the awarding authority and are made by a member of this Subdivision of the Industry as a result of his own initiative, ingenuity and/or engineering, proposing method , design, and/or construction procedure differing from that called for by the plans and specification . SECTION 3. O heclcing Bids.-The membe rs of this Subdivision shall be exempt from the provisions of Section 14, Article VII, Chapter I, or any voluntary or mandatory actions of the Code Authorities jn connection therewith. The Administrative Committee of this Sub division may provide satisfactory rules or methods for checking bids of the bidde r s and estimate. of the awarding authority for any region or class of construction. Such rules or methods shall be s ubject to the provisions of paragraph (c) of Section 2 of Subdivision B of Article II of Chapter II of this Code. AnTICLE VIII-PROVISIONS AND DEFINITIONS OF CHAPTER I AND CHAPTER II R c f m enc e to Pro visions of Chapte1 I and O hapt&r II. Provi ions and definitions of Chapter I and Chapter II of this Code in 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 her in in full, subject to the provision s of Section 6 of Article II hereof. ARTICLE IX-AMENDMENT SECTION 1. Subject to the provisions of Section 2 (c) of Article IV -B of Chapter ' I of this Code, the Subdivisional provisions of this Subcha1Jter II-B, except as to provisions required by the Act, may

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UNIVERSITY OF FLORIDA 1111111111111111111111111111111111111111111111111111111111111111 14 3 1262 08584 7506 be amen