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NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

MASONRY CHIMNEY 

INDUSTRY 

AS SUBMITTED ON AUGUST 30, 1933 

REGISTRY No. 1027-01 

The Code for the Masonry Chimney Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

. . . 

the N at.ional Recovery Administration 

as applying to this industry 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

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

CODE OF FAIR COMPETITION FOR THE MASONRY CHIMNEY INDUSTRY 

JULY, 26, 1933. 

To effectuate the policy of Title I of the National Industrial Recovery Act, during the period o.f the emergency, by reducing and 

relieving unemployment, improving the standards of labor, eliminating competitive practices destructive of the interests of the 

public, employees and employers, relieving the disastrous effects of 

over capacity, and otherwise rehabilitating the Masonry Chimney 

Industry and by increasing the consumption of industrial and other 

products by increasing purchasing power, and in other respects1 the 

following provisions are established as a code of fair competition 

for the Masonry Chimney Industry. 

No provision in this Code shall be interpreted or applied in such 

a manner as to-

( a) Promote or permit monopolies. 

(b) Permit or encourage unfair competition. 

(c) Eli~inate, discriminate against, or oppress small enterpnses. 

This Code shall apply to both intrastate and interstate transactions 

and shall be enforced impartially upon all builders of brick, concrete, or combined brick and concrete chimneys-after any objecting 

member of the industry has been given an opportunity to present his 

case to the Administrator. 

pART I-EMPLOYMENT AND PRODUCTION 

SECTION 1. Definitions.-The term "Masonry Chimney Industry" 

as used herein is defined to mean the construction of brick, concrete, 

or combined brick and concrete chimneys. The term "employees" 

as used herein shall include all persons employed in the conduct of 

such operations. The term "Industry" as used herein is defined to 

mean the Masonry Chimney Industry. The term "effective date" 

as used herein is defined as the second Monday after this Code has 

been accepted by a majority of the industry in volume of business 

and number of manufacturers. The term " member of the industry" 

as used herein is defined to mean any builder of brick, concrete, or 

combined brick and concrete chimneys. The term "association" as 

used herein is defined to mean the Masonry Chimney Association or 

its successors. 

SEc. 2. Labor.-(a.) Employees shall have the right to organize 

and bargain collectively through representatives of their own choosing, and shall be free from the interference, restraint, or coercion 

of employers of labor, or their agents, in the designation of such 

representatives or in self-organization or in other concerted activities 

for the purpose of collective bargaining or other mutual aid or 

protection. · 

8677-33 (1) 
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(b) No employee and no one seeking employment shall be required 

as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of 

his own choosing. 

(c) Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment approved 

or prescribed by the President. · (d) It is clearly understood that the foregoing paragraphs do not 

impair in any particular the constitutional rights of the employee 

and employer to bargain individually or collectively as may be 

mutually satisfactory to them. · · (e) Nothing in this Code is to prevent the selection, retention, and 

advancement of employees on the basis of their individual merit. 

SEc. 3. Minimtt7n Wages.-Employers in the Construction · Industry shall pay wages-

( a) Not less than the minimum rate of wages for unskilled labor 

hereby established, which shall be not less than forty cents ( 40¢) per 

hour unless the hourly rate for the same class of work on July 15, 

1929, was less than forty cents (40¢) per hour, in which case the 

hourly rate shall be not less than that of July 15, 1929, and in no 

event less than thirty cents (30¢) per hour, and furthermore, in any 

event 

(b) Not less than the minimum rate of wages for accounting, 

clerical, or office employees hereby established, as follows : $15 per 

week in any city of over 500,000 population, or in the immediate 

trade area of such city; $14.50 per week in any city of between 

250,000 and 500,000 population, or in the immediate trade area of 

such city; $14 per week in any city of between 2,500 and 250,000 

population, or in the immediate trade area of such city; and $12 per 

week in towns of less than 2,500 population. Population shall be 

determined by the 1930 Federal Census. 

(c) Nothing herein contained shall be construed to apply to employees whose rates of wages are established for specific projects by 

competent governmental authority in accordance with law or with 

rates of wages established by contracts now in force. 

SEc. 4. 11! axin~urn H ours.-Employers in the Construction Industry shall not employ any employee-

( a) In excess of the maximum average of thirty-five (35) hours 

a week during a six months' calendar period, or forty-eight (48) 

hours in any week in such period, or eight ( 8) hours in any one 

day, excluding employees engaged in professional, executive, administrative, or supervisory work; those engaged in cases of emergency 

work requiring the protection of life or property, and those in 

establishments employing not more than two persons in towns of 

less than 2,500 population, which towns are not part of a larger 

trade area. Population shall be determined by the 1930 Federal 

census. 

(b) Employers shall not employ accounting, clerical, or office employees in any office or in any place or manner for more than forty 

( 40) hours in any week, excluding employees in managerial or executive capacities and those in establishments employing not more than 

two persons in towns of less than 2,500 population, which towns 

are not part of a larger trade area. Population shall be determined 

by the 1930 Federal census. 
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(c) Nothing herein contained shall be construed to apply to employees whose hours of labor are established for specific projects 

by competent governmental authority acting in accordance with 

law or with hours of work established by contracts now in force. 

SEc. 41j2 . Acljust1nents.-In the event that any buyer subject to 

this Code shall have contracted before June 16, 1933, to purchase 

goods, structures, or parts thereof at a fixed price for deli very during 

the period of the President's reemployment Agreement, he shall make 

an appropriate adjustment of said price to meet any increase in cost 

to the seller caused by the seller's having signed the President's Reemployment Agreement or having become bound by any code of 

fair competition approved by the President; provided, however, that 

in view of the fact that construction operation customarily involve 

the furnishing of various goods and structures, or parts thereof by 

a continuous series of independent long-term_ contracts and agreements at fixed prices between various parties, such as owners (including governmental departments), builders, contractors, subcontractors, and others, such adjustments shall be contingent upon similar appropriate adjustments to be made by all other parties thus 

participating, from and including the initial vendor of such goods 

and structures or parts thereof to and including the owner of the 

works or structure upon which they are used. 

SEc. 5. On and after the effective date no member of the Industry 

shall knowingly employ any minor under the age of 16 years. 

SEc. 6. With a view to keeping the President informed as to the 

observance or nonobservance of this Code of Fair Competition, and 

as to whether the Industry is taking appropriate steps to effectuate 

the declared policy of the National Industrial Recovery Act, each 

member of the Industry shall furnish to the Secretary of the Association duly certified reports in substance as follows: 

(a) W (J)ges a;nd H owrs.-Reports every month stating whether all 

foregoing wage and hour regulations have been complied with. 

(b) Every member of the Industry shall file confidentially with 

the Secretary of the Association the total value of new and repair 

masonry chimney business booked in dollars throughout the entire 

country for each full year from 1925 to 1932, inclusive, for the first 

hal.£ of 1933 and, thereafter, before the tenth of each month, a segregated record of the new and repair chimney business booked during 

the preceding month. 

(c) The Association shall furnish every member of the Industry 

with monthly statistics of the aggregate volume of new and repair 

masonry chimney business. 

pART II.-F AIR COMPETITIVE PRACTICES 

SECTION 1. Standard cost estimating methods shall be formulated 

and established by the Association and shall be used by every member 

of the Industry as the basis for his quotations on products of the· 

Industry. 

SEc. 2. Every member of the Industry shall use a form of proposal 

contract which has been approved by the Association. 

SEc. 3. No builder of masonry chimneys shall accept an order for 

their construction for less than the amount obtained by the use of 
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the Association's standard estimating formulae or shall give more 

favorable guarantees than established by the Association. 

SEc. 4. When a member of the Industry sells nonindustry and 

industry products together to the same customer, he shall not quote a 

-combined lump-sum price which is less than the sum of the current 

market prices of the separate products. 

SEc. 5. The Masonry Chimney Association shall establish minimum 

standards of chimney designs below which no chimneys shall be built 

in the interests of public safety and of service. 

SEc. 6. Every member of the Industry should charge a reasonable 

fee for appraising and/ or inspecting chimneys. 

SEc. 7. Every member of the Industry shall, without delay, record 

with the Secretary of the Association each inquiry upon which he 

intends to bid; also the description and price of every contract he 

doses for masonry chimney work. When a job has been closed the 

Secretary shall notify all bidders, who secured the contract and at 

what price, on forms provided for the purpose. 

SEc. 8. No member of the Industry shall make an invoice andjor 

-contract which is a false record of a transaction. 

SEc. 9. No member of the Industry shall give or accept secret 

payment or allowance of rebates, refunds or unearned discounts 

whether in the form of money or otherwise, or extend to certain 

purchasers special services and/ or privileges not extended to all 

purchasers. 

SEc. 10. No member of the Industry shall be a party to comercial 

bribery in any form. 

SEc. 11. No member of the Industry shall engage in any misrepre-

~entation , direct or implied. 

SEc. 12. No member of the Industry shall induce or attempt to 

induce the cancellation of an order or the breach of a contract between 

a competitor and his customer. 

SEc. 13. A member of the Industry shall not harass or intimidate 

customers of a competitor by circulating threats of suit not made in 

good faith for infringement of patents or trade marks. 

SEc. 14. I:f allocation becomes effective, the Secretary o:f the Asso~ 

-ciation shall allocate business to members o:f the Industry. 

SEc. 15. This Code is adopted in a spirit of :fairness to all con~ 

cerned, and it is the intention of the members o:f the Industry to 

afford to those :from whom they purchase the same treatment that 

they expect to receive from those to whom they sell. 

pART III-ADMINISTRATION 

SECTION 1. The Masonry Chimney Association, the applicant herein, unanimously agrees to accept and be bound by all the provisions 

·of this Code on and after the effective date pending :formal approval 

<>f the Code by the President, and with such changes and/ or additions 

as he may designate. 

SEc. 2. The Association imposes no inequitable restrictions on 

.admission to membership. 

SEc. 3. To further effectuate the policies of the Act, the Board of 

Directors of the Association shall cooperate with the Administrator 

as a planning and fair practice agency for the Industry. Such agency 
5 

may, from time to time, present to the Administrator recommendations based on conditions in the Industry as they may develop from 

time to time which will tend to effectuate the operation of the provisions of this Code and the policy of the National Industrial Recovery Act. 

SEc. 4. Any alleged infraction of the regulations governing the 

Industry shall be investigated by a disinterested party, designated 

by the Board of Directors, who shall report to an Arbitration 

Board of three members, one of whom shall be appointed by the 

accused member of the Industry, one by the Board of Directors of 

the Association, and one shall be selected by the other two. ·In the 

event of the first two appointees being unable to agree on a third 

member of the Arbitration Board, the third member shall then benamed by a United States District Court Judge upon the request. 

of the Board of Directors of the Association. This Arbitration 

Board shall give a hearing to all parties at interest and shall report 

its findings to the Board of Directors of the Association for its 

action. 

SEc. 5. Every member of the Industry shall, upon request, make· 

any and all of his records pertaining to Industry business available· 

to a disinterested party designated by the Board of Directors of the 

Association. 

SEc. 6. The expense of administering this Code shall be budgeted 

by the Association. Such expense shall be charged to and paid by 

every member of the Industry as a percentage (not in excess of 1 o/o ) 

of the amount received in cash or kind for new and/ or repair 

masonry chimney business booked by him on and after a date set 

by the Board of Directors of the Association. 

· SEc. 7. Nonpayment, within ten (10) days, of amounts assessed 

against any member of the Industry under the provisions of Section 6 of Part III hereof shall constitute a violation of this Code. 

SEc. 8. This Code and all the provisions thereof are expressly 

made subject to the right of the President, in accordance with the 

provisions of Clause 10 (b) of the National Industrial Recovery Act, 

from time to time to cancel or modify any order, approval, license, 

rule, or regulation issued under Title I of the said act, and spe-· 

cifically to the right of the President to cancel or modify his approval of this Code or any conditions imposed by him upon his. approval thereof. 

Such of the provisions of this Code as are not required to be· 

included therein by the National Industrial Recovery Act may, with 

the approval of the President, be modified or eliminated as changes· 

in circumstances or experience may indicate. It is contemplated 

that from time to time supplementary provisions to this Code will 

be submitted for approval of the President to prevent unfair competition in price and other unfair and destructive competitive practices and to effectuate the other purposes and policies of Title I of 

the National Industrial Recovery Act consistent with the provisions 

hereof. 

Adopted by the Industry at Pittsburgh, Pa., July 26, 1933. 

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