Approved Code No. 421 Registry No. 1023-28 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

MARBLE QUARRYING 

AND FINISHING INDUSTRY 

u 

AS APPROVED ON MAY 9, 1934 

WE DO OUR PART 

, .. '' 0 -

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

' 

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

v 
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 No-rth 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. 421 Regi ry ~o. 1023-2S 

ERRATA SHEET 

CODE OF FAIR COMPETITION FOR THE MARBLE 

QUARRYING AND FINI HING INDUSTRY 

AS APPROVED ON MAY 9, 1934 

Page 71 of the printed code, article VI, subdivision b, section 

14 paragraph D, ninth line :from bottom of page, the printed word 

' mor " should be " mere. ' 

60800-34 
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Approved Code No. 421 

CODE OF FAIR COMPETITION 

FOR THE 

MARBLE QUARRYING AND FINISHING INDUSTRY 

As Approved on May 9, 1934 

ORDER 

APPROYil ra ConE F F Am CoMPETITION FOR THE l\1.AnBLE Q ARRYINO 

AND FINISHING I ND STRY 

An application having been duly made pursuant to an l in full 

compliance with the provi ions of Title I of the National Indu trial 

Recovery Act, approved June 16, 1933, for approval of a Code of 

Fair Comp tition for the Marble Quarrying and Finishing Industry, 

and hearings having been duly held thereon and the annexed report 

on said Code containing findings with re, pect thereto, having been 

made and directed to the President: 

NO\V, THEREFORE, on behalf of the President of the United 

States, I, HughS. John on, Administrator for In lustrial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order No. 6543-A, dated December 

30, 1933, and otherwise ; do hereby incorporate by reference aid 

annexed report and do find that said Code complies in all respects 

with the pertinent provisions and will promote the policy and 

purposes of said Title of said Act; and do hereby order that aid 

Code of Fair Competition be and it is hereby approYe l · provided, 

however, that the provisions of Article VII, Section 5, in ofar as 

they prescribe a waiting period between the filing with the Code 

Authority (or such agency as may be designated in the Code) and 

the effective date of price lists, as originally filed and/ or revi ed 

price lists or revised terms and conditions of ale, be and they are 

hereby stayed pending my further order; and provi led further, that 

the hourly rate for the North a provided in Section 1 of Article 

III be approved pending the completion of a tudy of thi rate in 

connection with the rates of similar codes; and provid d furth r, 

that the Code Authority hall not later than ninety days after the 

date of this order, submit to the Ad mini trator further evid nee that 

the a' eraging of hour as provided in ection 1 of Article II i 

nece sary in this Industry. 

HuaH . JoHN OK 

Administr·ato'J' for I ndustrial Recov ry. 

Approval recommended : 

A. R. GL 1 GY 

Divi ion Adm,ini tTator. 

'' ASHIN T N, D.C. 

111 ay 9, 1934. 

57684°----544-46----34 (57) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: This is a report on the Code of Fair Competition for the 

Marble Quarrying and Finishing Industry the public hearing having been conducted thereon in vVashington, D. C., on September 8, 

1933, in accordance with the provisions of the National Industrial 

Recovery Act. 

INDUSTRY BAOKGROUND 

The lVIarble Quarrying and Finishing Industry, as its name implies, represents the quarrying (producing) and fabricating branches 

of the Marble Industry. ·The construction industry utilizes about 

three-fourths of all the marble quarried, the remaining one-fourth 

being used principally for monumental purposes. Competitively, 

marble for exterior use is related to the other stone industries-limestone and granite especially. In interior work marble is also in competition with slate, wood, metal, tile and synthetic substitutes. 

The industry at present is suffering acutely from the lack of construction and accordingly is at a virtual standstill. The current volmne of business done by the Marble Quarrying and Finishing Industry is about ten per cent of 1929 at which time, it is reported, 

the value of manufactured marble was approximately $53,000,000. 

A further indication of the unfortunate position, in which the 

Marble Industry is presently situated, lies in the fact that the setting 

of marble in a building structure lags from six months to a year 

behind structural steel work. Hence, even when construction eventually shows improvement in volume, the Marble Industry cannot 

look for improvement in its sales until months later. 

HOURS AND WAGES 

The Code establishes a 40-hour week excepting watchmen who are 

permitted to work 56 hours per week, firemen and plant engineers 

who are permitted to work 48 hours per week, and shipping clerks 

and truckmen who are permitted to work 45 hours per week. 

:Minimum rates of wages established are 37Y2 cents pe.r hour in the 

North and 30 cents per hour in the South. 

Child la.bor is prohibited and no persun under 18 years of age 

may be employed at occupations or operations which are hazardous 

in nature or dangerous to health. 

ECONOMIC EFFECT OF THE CODE 

A vail able statistics do not segrega.te employment in the marble 

manufacturing ind:ustry from all other stone industries. It is estimated, however, that in 1929 the total number of workers engaged 

in marble quarrying and manufacturing was 17,000. By the summer of 1933 this number had been reduced to 6250 and at present 

it i e timated by the Industry representatives that there are only 

about 3000 employees working a total of around 22,000 man hours on 

a part time basi . Therefore, in view of these conditions and those recited above, 

there is no po sibility of any material increase in employment until 

(58) 
59 

conditions in the construction indu try improv . 'l'h wao-e and 

hour pro i ion of the Code v ry n1.aterially improv labor conditions in the South where the minimum wao- rate , now e tabli heel, 

repre ent an increa e over " depre ion " rate of as much a 1 0 

per cent. The 37¥2 cent rate in the North al o repr nt a ubtantial incr ase. in minimum rates paid in 1933 prior to the Act, 

and, furthermore, in mo t regions raises minimum rates above th0 

1929 level. 

The Code also re-e tabli hes bidding rules of the Indu try that 

were in effect for more than 12 years prior to the depre ion. It 

is expected that I lacing these bidding rules in operation again will 

stabilize the industry and a ist in returning it to its former healthy 

ba is of operation. 

The Deputy Administrator in his final report to me on said Code • 

having found a herein set forth and on the basis of all the proceedings in this matter; 

I find that: 

(a) Said Code 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 

com1nerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of 

industry for th_e purpose of cooperative action among the trade 

groups, by inducing and maintaining united action of labor and 

management under adequate governmental sanctions and upervi5ion, by eliminating unfair competitive practices, by promoting the 

fullest po sible 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 agricultural products through increasing purchasing 

power, by reducing and relieving unemployment, by improving 

standards of labor, and by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 employees and is not classified by me as a major industry. 

(c) The Code as approved com plies 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 Sub ection (b) of Section 10 thereof; and that the applicant 

associations are industrial associations truly representative of the 

aforesaid Industry; and that said associations impo e no inequitable 

re trictions on admis ion to membership therein. 

(d) The Code is not designed to and will not permit monopoli s 

or monopoli tic practices. 

(e) The Code is not designed to and will not eliminate or oppr ss 

small enterpri es and will not operate to discriminate again t them. 

(f) Tho e no-ag l in other steps of the economic process have 

not b en d prived of the right to be heard prior to approval of 

aid Code. 

For the rea on , therefore, I have appro eel this Code. 

Re p tfully, 

l\1AY 9, 1934. 

HuoH . J IIN ON 

Adrninistrator. 
CODE OF FAIR COMPETITION FOR THE MARBLE 

QUARRYING AND FINISHING INDUSTRY 

To effectuate the policy of Title I of the National Industrial 

Recovery Act, the following provisions are established as a Code of 

Fair Competition for the Marble Quarrying and Finishing Industry -

an l hall be the standard of fair competition for such Industry and 

shall be binding upon every member thereof. 

ARTICLE I-DEFINITIONS 

SECTION 1. The terms "Marble Quarrying and Finishing Indus-

. try" or "Industry", as used herein, include the quarrying and/or 

finishing of marble for any structural or other use and the sale thereof by the quarrier or finisher, except the finishing and sale of marble 

for use as monuments and memorials as are usually erected in cemeteries other than public or private mausoleums. 

SECTION 2. The term" n1ember of the Industry" includes any individual, partnership, corporation or other form of enterprise engaged 

in the Industry, either as an employer or on his own behalf. 

SECTION 3. The term "employee" as used herein includes any and 

all persons engaged in the Industry, however compensated, except a 

member of the Industry. 

SECTION 4. The term "employer " as used herein includes anyone 

by whom any such employee is compensated or employed. 

SECTION 5. The term "Producer" as used herein means any member of the industry who quarries marble. 

SEcTION 6. The term " Non-Producer " as used herein means any 

member who does not quarry but who finishes marble. 

SECTION 7. The term " Com1nissioner " as used herein means a 

person appointed by the Code Authority to act in their behalf and 

under their direction in matters pertaining to the Administration of 

the provisions of this Code. 

SECTION 8. The terms "President", "Act" and "Administrator" 

as used herein shall mean respectively the President of the United 

States, Title ·I of the National Industrial Recovery Act, and the 

Administrator for Industrial Recovery. 

SECTION 9. The term" Code Authority" as used herein means the 

body constituted under Article V hereof, to cooperate with the 

Administrator in the administration of this Code. 

SEcTioN 10. The term "Associabon" as used herein shall mean the 

National A sociation of Marble Dealers. 

SECTION 11. Population for the purposes of this Code shall be 

determined by reference to the 1930 Federal Census. 

AnTICLE II-MAXIMUM Houns 

SECTION 1. No employee shall be permitted to work in excess of 

forty ( 40) hours per week, averaged over a consecutive six ( 6) 

week · period, or in excess of forty-eight ( 48) hours in any week, or 

in excess of eight (8) hours in any twenty-four (24) hour period, 

with the following exceptions: 

(60) 
61 

(a) Employ s engaged in pro£e ional, executive or supervi ory 

work regularly arning at the rate of not le s than Thirty-five Dollars ($35.00) per week; 

(b) Accounbng, clerical or office employees; 

(c) Out i le Salesmen and Outside E timator ; 

(d) \Vatchmen, who shall not be permitted to work in excess of 

fifty-six (56) hours per week; 

(e) Employees engaged in emergency work involving breakdowns 

or protection of life or property; 

(f) Firemen and plant engineers who shall not be permitted to 

work in exces of forty-eight ( 48) hours per w:eek; 

(g) Shipping clerks, who shall not be permitted to work in excess 

of forty-five ( 45) hours per week. 

(h) Truckmen who shall not be permitted to work in excess of 

forty-five ( 45) hours per week. 

Any employee, except employees covered by subsections (a), (b), 

(c) and (d) of this Section 1, who works in excess of forty ( 40) 

hours per week or eight (8) hours per day shall be compensated at 

the rate o£ at least one and one-third times the norn1al rate of pay 

for all such hours; provided, however, that firemen, plant engineers 

and truckmen shall be compensated at the rate of at least one and onethird times the normal rate o£ pay £or all hours worked in excess of 

nine (9) hours per day. 1 

SECTION 2. No accounting, clerical or office employee shall be permitted to work in excess o£ forty (40) hours per week, or, except 

when engaged in estimating work, in excess of nine (9) hours in any 

one day. A normal working day shall not exceed eight (8) hours. 

SECTION 3. No employer shall knowingly permit any employee to 

work any time which when totaled with that already performed 

with another employer or employers in this Industry, exceeds the 

maximum permitted herein. 

SECTION 4. Any employer shall be subject to the maximum limitations hereinbefore in this Article provided in the performance by 

him of n1anual labor or operations customarily performed by employees. 

SECTION 5. No employee shall be permitted to work in excess of 

six ( 6) days in any seven (7) day period. 

ARTICLE III-MrNrMuM WAGES 

SECTION 1. No employee shall be paid in any pay period less than 

at the rate of thirty-seven and one-hal£ (37¥2) cents per hour in the 

North and thirty ( 30) cent per hour in the South, xc pt as otherwi e herein provided. 2 

ECTIO~ 2. A per ·on whoc:::e earning capacity is limit d b cau e of 

age, physi al or m ntal handicap, or other infirmity, may b employed on light work at a wage below the minimum if the mploy r 

obtain from th state authority, de io-nate l by the Unite l tates 

Der artment of Labor, a rtifi ate authorizinO' su h person' employment at uch wao·e an l £or ·u h hours a hall be tat l in the 

·ertificat . Such authority ·hall b o-uid d by the instruction f the 

1 See paragraph 2 of order approving tbi · C de. 2 See paragraph 2 of ordet· approvin, thi Code. 
62 

United States Department of Labor in issuing certificates to such persons. Each employer hall file monthly with the Code Authority 

a list of all such persons employed by him showing the wages paid 

to, .and the maximum hours of work for such employee. 

(a) The term " outh " as used herein is defined to include the 

state of Virginia, North Carolina, South Carolina, Georgia, Florida, 

Alabama, Mi is ippi, Tennessee, ';y est Virginia, Kentucky, Arkansa ·, Oklahoma, Loui iana Texas, Arizona, and New Mexico. 

(b) The term_ " North ,? as used herein is defined to mean the remainder of the United States not specifically included in the 

"South" as defined in sub--paragraph (a) of this Section 2. 

SECTION 3. No person employed in clerical or office work shall be 

paid at less than the rate of : 

(a) $15.00 per week in any city of over 500,000 population, or in 

the immediate trade area of such city; 

(b) $14.50 per week in any city of between 250,000 and 500,000 

population, or in the immediate trade area of such city; 

(c) $14.00 per week in any other place. 

SEcTION 4. This Article establishes a minunum rate of pay which 

shall apply, irrespective of whether an employee is actually compensated on a time-rate, piece work or other basis. 

SECTION 5. An employer shall make payment of all wages due 

not otherwise than in lawful currency, or by negotiable check therefor 

payable on demand. The employer or his agents shall accept no 

rebates directly or indirectly on such payments. Wages shall be 

payable at least at the end of every two week period and salaries 

at least at the end of every month. 

SEcTION 6. The amounts by which hourly wage rates in the higher 

paid classes of employees exceeded wages in the lower paid classes 

of employees in effect on the effective date of this Code, shall be at 

lea t n1.aintained where equitable, having in view the then existing 

differentials in hourly wage rates. 

ARTICLE IV-GENERAL LABOR PROVISIONS 

SECTION 1. No person under sixteen (16) years of age shall be 

employed in the Industry. No person under eighteen (18) years 

of age shall be employed at operations or occupations which are 

hazardous in nature or dangerous to health. The Code Authority 

shall submit to the Administrator for r eview thirty days after 

. the effective date of this Code a list of such operations or occupations. In any state an employer shall be deemed to have complied 

with this provision as to age if he shall have on file a certificate 

or permit duly signed by the authority in such state empowered to 

i ue employment or age certificates or permits showing that the 

employee is of the required age. 

SECTION 2. Standards as to the maximum hours of labor, mlnlmum rates of pay, and such other conditions of employment as may 

be necessary to effectuate the policies of Title I of the Act may be 

e tabli heel for any area by mutual aareements between employers 

and employees arrived at and approved pursuant to the provisions 

of Section 7 (b) of the Act, proviued that the wage and hour pi'o-
63 

visions of such aO're ments hall not b 1 s faYor. ble t mploy es 

than the age, hour and other labor provi ·ion e tabli:=-he in this 

Code. 

ECTION 3. (a) empl y cs shall haYe the right t 

bargain collectively, through r pr . entatives of th ir wn choo inD", 

and shall be free from the interferen e, r traint or oer ion of 

employers of labor or their agents, in the de ·ign· ti n of uch 

representatives or in self-organization or in oth r one rtc l activities for the purpose of coll tive bargaininrr or oth r mutual ni.d 

or protection. 

(b) No employee and no one seeking empl ym nt ·hall be required as a condition of employment to join an. company union or 

to refrain from joining, orrranizing, or as i ting a lab r organization 

of his own choosing. 

(c) Employers shall comply with the maximum hour of labor~ 

minimum rates of pay and other conditions of employm nt approve l 

or prescribed by the President. 

SECTION 4. No employer shall reclassify employ e or duties of 

occupations performed or engage in any other subterfuge for the 

purpo e of defeating the purposes or provisions of the Act or of 

this Code. 

SECTION 5. Every employer shall provide for the safety and 

health of employees during the hours and at the plac of their 

employment. 

Standards for safety and health shall be submitted by the code 

authority to the Administrator within six months after the effective 

elate of the code. 

SECTION 6. No pro vi ions in this Code shall uper ede any State, 

Federal or local law which imposes more tringent requirements on 

employers as to age of employees, wages, hours of work, or as to 

safety, health or sanitary conditions, or insurance, or fire protection, 

ur _general working conditions, than are imposed by this Code. 

SE TION 7. All emplo} ers shall post copies of thi Code in accordance to such rules and regulations as the Administrator may 

prescribe. 

SECTION 8. (a) Employees other than maintenance or up rYisory 

men, or tho e necessary to protect property, shall not b required as 

a condition of employment, to live in homes rented from the 

'mployer. 

(b) No employee hall be required, as a condition of emplo ment, 

to trade at a store owned by or specified by an employer or his agent. 

ECTION 9. V\Then any employer is obliged by the term. f an 

a o-r ement made prior to June 16, 1933, which i till in full force 

n.nd effect und r which he is legally bound to cmpl y work r for 

ther hours per day or p r w ek or to pay them her warre than 

tho e provi led in thi Cod , and which he is unabl t r Yi e by 

mutual c n ent th requirement of uch an agreement may be ob- . erved notwith tan lino· any conflicting requir ment f thi l . 

ECTION 10. N m mber of this Indu try hall antra t an. r work 

within this Indu tr to an one ubject to 1 . trinrr nt onuition 

n to hour of lab r and rates of pay than th d by this 

ode. 

57G84"-5H--tG- :::4-2 
64 

SECTION 11. An employer shall so administer work in his charge 

a~ to provide the maximum practicable continuity of employment for 

hiS personnel. 

ARTICLE V-ADI\HNISTRATION 

SECTION 1. Organization and Constitution of Oode Authority.-A 

Code Authority is hereby constituted to administer the provisions 

of this Code, and shall consist of seven ( 7) members to be selected 

as follows: 

(a) Four (4) members, two (2) of whom shall be "non-producers" and members of the Association and two (2) of whom shall 

be " producers " and members of the National Association of Marble 

Producers and the Association. One ( 1) of these four ( 4) members shall be the President of the Association. The members (except the President of the Association) who are producers shall be 

electBd by the Board of Directors of the National Association of 

J\1arble Producers, and the members (except the President of the 

Association) who are non-producers shall be elected by the Board 

of Directors of the Association. These members shall serve until 

the next annual meeting of the Association, and their successors 

shall be elected in the same manner. 

(b) One member to be elected by a majority vote of the members 

of the Industry within the Metropolitan District of the City of New 

York (which shall include Greater New York, Long Island and 

the territory within twenty-five (25) miles from. the present New 

York City line) at a meeting, the time and place of which shall be 

designated by the Secretary of the Marble Industry Employers Asso- ciation of New York and Vicinity. Notice of said meeting shall be 

sent by said Secretary within ten days after the effective date of the 

Code by registered mail to all known members of the Industry 

within this area as defined above, and shall specifically state that 

voting at the meeting may be in person or by proxy. 

(c) One member to be elected by a majority vote of the members 

of the Industry within the Pacific Coast area (which shall include 

the States of California, Oregon, Washington, Idaho, Nevada, 

Utah and Arizona) at a meeting, the time and place of which shall 

be designated by the Secretary of the Association or other party 

authorized. Notice of said meeting shall be sent by the Secretary 

or other authorized party within ten (10) days after the effective 

date of the Code by registered mail to all known members of the 

Industry within the above defined area, and shall specifically state 

that votl.ng at the meeting may be by person or by proxy. 

(d) One member who shall be a member of the Industry but not 

a member of either the Association or the National Association of 

Marble Producers, or located in either of the two above specified 

regions, to be elected by a majority vote of the other six members 

of the Code Authority and to serve until such time as the nonmembers of said Association shall, pursuant to a method of election 

satisfactory to the Administrator, elect his successor. (e) The members of the Code Authority, except the members as 

selected in Section 1 (a) shall serve for a period of one year, or 

until their successors are elected. Upon any vacancy occurring in 

the Code Authority, tlt~ vacancy shall be filled by an election by the 
65 

remaining members of the Code Authority which ho ever, hall 

maintain the representation as to producers, n n-producer and 

area as set out in (a), (b), (c) and (d) of S ction 1. 

(f) In addition to membership as above provided there may be 

three m mbers, without vote, to be known as Aclmini tration members 

to be appointed by the Ad1ninistrat r to sene for uch t rms a he 

may specify. 

SECTION 2. The National Association of :Marble Dealers or an 1 

other trade association that may directly or indirectly participate in 

the selection or activities of the Code Authority hall (1) impose no 

inequitable restrictions on membership, and (2) submit through th 

Code Authority to the Administrator, copies of its articl f a o- ciation, by-laws, regulations, and any amendments when made thereto, together with such other information as to membership, organization, and activities as the Administrator may deem necec:sary to 

effectuate the purposes of the Act. 

SEcTION 3. In order that the Code Authority shall at all times be 

truly representative of the Industry and in other respects comply 

with the provisions of the Act, the Administrator may provide such 

hearings as he may deem proper; and thereafter if he shall find that 

the Code Authority is not truly representative or does not in other 

respects comply with the provisions of the Act, may require an 

appropriate modification in the method of selection of the Code 

Authority. 

SECTION 4. Nothing contained in this Code shall constitute the 

members of the Code Authority partners for any purpose. No member of the ODele Authority shall be liable in any manner to anyone 

for any act of any other member, officer,· agent or employee of the 

Code Authority. Nor shall any member of such Code Authority, 

exercising reasonable diligence in the conduct of his duties hereunder, 

be liable to anyone for any action or ommission to act under this 

Code, except for his own wilful misfeasance or nonfeasance. 

SECTION 5. (1) It being found necessary to support the Administration of this Code, in order to effectuate the policy of the Act and 

to maintain the standards of fair competition established hereunder, 

the Code Authority is authorized : 

(a) To incur such reasonable obligations a are nece ary and 

proper for the foregoing purposes and to meet uch oblio·ation out 

of funds which shall be held in trust for the purpo e of the ode 

and raised as hereinafter provided; 

(b) To submit to the Administrator for his approntl subject to 

such notice and opportunity to be heard as he may deem nece sary: 

(1) An itemized budget of its estimated expen es for the foregoing 

purposes, and (2) An equitable basis upon which the fund nece -

sary to support such budget shall be contributed by all member of 

the Industry entitled to the benefits accruing frmn the maintenance 

of such standards, and the administration thereof· 

(c) After such budget and ba i of contribution hav been approve l by the Administrator, to d termine and coil ct equitable contribution as abo e et forth, and to that end if n ce ar , to in titute 

legal proc edings th refor in its own nam . (2) Each member of th tra le/ in lu.~t.ry hall b liabl for hi or its 

quitabl ontribution to the expen s of the maint nanc of the Code 
66 

Authority as hereinabove provided. Only members of the trade/industry complying with the Code 2,nd making such contribution shall 

be entitled to participate in the selection of the members of the Code 

Authority or to receive the benefits of its voluntary activities or to 

make use of any N.R.A. insignia. 

SECTION 6. In addition to the powers and duties elsewhere provided 

herein the Code Authority shall have the following powers and duties 

to the extent permitted by the Act : 

(a) to adopt By-Laws and rules and regulations for its procedure 

and for the administration and enforcement of the Code, subject to 

such rules and regulations as the Administrator n1.ay prescribe. 

(b) to appoint a Commissioner who shall serve as its Agent. 

Said Commissioner shall have such authority and perform such 

dutic;::, as herein set forth, and as the Code Authority may from time 

to time delegate to him; but nothing contained herein shall relieve 

the Code Authority of its duties and responsibilities. 

(c) to establish regional divisions and designate appropriate agencies for the administration of this Code in each such division, and 

delegate to such agencies all necessary power and authority, not inconsi tent with the power and authority granted the Code Authority 

under this code, for the administration of the Code in such divisions, 

provided that such agencies shall comply with the provisions of this 

Code and of the Act and provided, further tliat the Code Authority 

shall reserve the power and duty to provide for compliance with the 

provisions of this Code in such regional divisions; 

(d) to obtain from members of the Industry for the use of the 

Code Authority for the Administrator in the administration and enforcement of the Code, and for the information of the President, 

such periodical reports as may be necessary to advise it adequately on 

all matters connected with the administration of the Code. All individual reports shall be kept confidential and only general summaries thereof may be published, except when necessary to investigate or enforce violations of this Code; 

(e) under such rules and regulations as may be prescribed or approved by the Administrator, to receive complaints of violations of 

this Code, 1nake investigations and seek adjustments thereof in accordance with the requirements of this Code, and bring to the attention of the Administrator for prosecution, recommendations and 

information relative to unadjusted violations; 

(£) to appoint a trade practice committee which shall meet with 

the trade practice committees appointed under such other codes as 

may be related to the industry for the purpose of formulating 

fair trade practices to govern the relationships between production 

and distribution employers under this code and under such others 

to the end that such fair trade practices may be proposed to the 

Administrator as amendments to this code and such other codes; 

(g ) to create the necessary agencies of employers to conduct 

negotiations between truly representative groups of employers and 

employees covering wages, hours of labor, and conditions of 

employment; 

(h) to co-operate with the Administrator in regulating the use 

of the N.R.A. Insignia solely by those employers who have assented 

to, and are complying with, this Code; . 
67 

( i) to recommend to the dmini tra tor further fair tra l practice provision to gov rn th member of th In lustry in th ir r 

tion with ea h other, or with other Indu tri -, ancl t r commend 

to the A ]mini trator measures for Indu trial Plaru1ino· in ·luding 

tabilization of mploym nt; 

(j) t initiate, con i l r and make recommen lation to th Administrator for the modification or amendment of this Code, which 

recomm ndation , after such notice an l h arino- a th Admini -

trator may pr cribe and upon his approval, shall become eifective 

as provi ion of this Code. 

GENERAL ADMINISTRATIYE PROYI IONS 

SECTION 7. The Code Authority shall appoint, within ten (10) 

days after the effective date of this Code, a com.mittee of :Members 

of the Indu try whose duties it shall be to secure from all kn wn 

marble contractors and :Members of the Industry b que tionnaire 

and/or other means information as to the advisability of all :Members 

of the Indu try establishing an Op€11 price sy tem on all kind · of 

finished marble produced and/or finished by then1 · and further to 

report within 90 days its findings and recommendations to the 

Admini trator for the purpose of determining whether such open 

price system on finished marble shall be establi heel. 

The report of the findings and recommendations of aiel committee 

shall be based on the information recei\ ed from Member of the 

Industry with respect to, and taking into con ideration the relation 

between the number of replies received from both marble contractors ancll\ifembers of the Industry and the volume of ales of fini heel 

~nar~le by tho e replying to said questionnaire or other form of 

1nqurry. 

If after consultation between the Cole Authority and the Admini trator it1 is mutually agreed that such an open price y ten1 

shall be established, the Code Authority shall within a period of 

time ecified by the Admini trator pr ent a plan for it e tabli hment to the A lministrator for his approval or eli approval. 

SECTION . In addition to information required to be submitt cl 

to this code authority, all or any of the person ubject to thi code 

hall furnish such statistical information as the Aclmini trator may 

leen1 nece ary to the purpo es recite l in ection 3 (a) of aid a t to 

u h Federal an 1 State ag ncies a the Admini trator rna} de ignate · nor hall anythina- in thi cole relieYe an p r on of any exi ting 

obbgati n to furni h report to GoYernment aa ncies. SEcTI N 9. If th Administrator shall determine that any a tion 

of a d Authority or any ag ncy th r of may b unfair or unju t 

or contrary to th public intere t, the Admini trator ma requir that 

u h a ti n b u 1 ende l to affor l an or portunity for inYe tigati n 

of the merit· f u h a i n an l further on i ration b u h le 

authority r ao·en y p nclinb final a tion ' hi h hall n t be eff ti e 

unle th Aclmini tl·ator a 1 r or unl h hall fail t eli a p1 ro\ aft r thirt lay · noti him f int ntion to pr c d ith . uch a ti n in it origin, l or modified form. 
68 

ARTICLE VI-TRADE PR.c'\.CTICES 

(Subdivision "A") 

The following practices constitute unfair methods of competition 

for members of the Industry, and are prohibited: 

SECTION 1. Maliciously inducing or attempting to induce the 

breach of existing contracts between competitors and their customers by any false or deceptive means whatsoever, or interfering with 

or obstructing the performance of any such contractual duties or 

services by any such means. 

SECTION 2·. The making or causing or permitting to be made or 

published any false, untrue or deceptive treatment by way of advertisement or other-wise, concerning the grade, quality, quantity, substance, character, nature, origin, size or preparation, of any product 

of the Industry, having the tendency and capacity to mislead or 

deceive customers, purchasers or prospective purchasers or the tendency to injuriously affect the business of competitors. 

SECTION 3. No member of the industry shall secretly dire~tly offer 

or make any payment or allowance of a rebate, refund, commission, 

credit, unearned discount or excess allowance, whether in the form 

of money or otherwise, nor shall a member of the industry secretly 

offer or extend to any customer any special service or privilege not 

extended to all customers of the same class, for the purpose o:f 

influencing a sale. 

SEcTION 4. Securing information from competitors concerning 

their businesses by false or misleading statements or representations 

or by false impersonations of one in authority. 

SECTION 5. Deviation from the published schedules of prices as 

provided for in Section 5 of Article VII. 

(Subdivision "B ") 

The following practices shall apply only to the sale of finished or 

semi-finished interior marble, but the violation thereof shall also con~titute an unfair method of competition and is prohibited: 

SEcTION 1. All persons engaged in the Industry shall use such 

standard form of contract as may be approved by the Code Authority, and by the Administrator after such notice and hearing as he 

may specify, which form of contract shall protect the rights of both 

buyers and sellers and, after approval by the Administrator shall 

have the effect or provisions of this Code except that it shall not 

apply to: 

(a) United States, State or Municipal contracts, where a different 

form is required by law, regulation or ordinance; or 

(b) Cases where the estimate is made and the order is placed on 

the basis of a definite schedule of materials. 

SECTION 2. (a) There shall be no disclosure of competitive bids, 

or misleading or deceiving as to the amount or conditions of competitive bids, and no bid peddling or bid trading, and no misrepresentations as to prices by members of the industry. 

(b) All bidders on a competitive job shall submit their bona fide 

and final bids in the first instance and no changes shall be made by 
69 

any bidders exc pt th due to .fiQUring hanrr in plans an I cifi ations a provide 1 in ction 11 followinct; and in fi 5 ring ·u h 

chano·e includinct paration of bid · n cliff rent part of the w rk, 

th arne ba i of unit price and the arne allowan f r o rh ad 

an l profit hall be u ed as those up n which th original bi 

ba eel. 

ECTION 3. Limiting Amount. Th I roYi ion in tion 4 t 14: 

inclu iY of thi Article shall apply only to quotation am un ing to 

one thou and dollars ($1000.00) or more, f.o.b. rlant ·. 

ECTION 4. Definite Closing Date. (a) \Vhen a definite clo ing 

date the day and the hour, after which no more bid will be received ha been set by the party requesting the bid , and th plans 

an l specifications or the reque t for bids, fully identify the building 

for whi h the marble work is intended; 

(b) Everyone invited to bid mu t immediately notify the Commis wner, by wire if necessary, of the closinO' date na1ned. If different closing dates are named the Comrni ioner shall notify all 

proposing to bid to withhold their bids and not to submit them 

until a Ingle definite closing date has been establi heel. All propo ing to hid are then required to notify the party requesting the 

bid that they will ubmit their bids only in ca e a ingle definite 

closing date is established; 

(c) Every bidder on a job shall prepare a carbon copy of hi bid 

and send it to the Commissioner. This copy mu t be a true carbon 

copy of the actual bid and shall also contain a list of the name o:f 

all partie to whom it has been submitted; 

( l) The copy for the Corrunis ioner shall be mailed on the day before the clo ing date and, in case where strict compliance with thi 

rule is impossible, all the essential facts and the amount of the bid 

shall be filed in the telegraph office for tran mission by wire to the 

Commi sioner on the day before the closing date. In any ca ·e c pi 

shall be sent to the Commis ioner by mail and whether ent on the 

day before or not be inclosed in an envelope which plainly indicates 

that they are bids on the particular job. The Commi sioner hall 

not open them until the day after the closing date· 

(e) In ca e a closin 0' date is changed by the party requesting bids, 

veryone learning of it hall immediately notify the ommissioner, 

by telegraph or telephone, if necessary and he hall immediately 

notify all pro pecti\e bi lders by telegraph or telephone, if nece ary. 

SECTION 5. Invitation to Bid. Anyone invited to ubmit a f rmal 

bid lok ly to amount t one thousand dollar ($1000.00) or mor , 

f.o.b. plant, or anyone propo ing to ubmit a bi l with ut inYitati n 

hall immediately report the fa t to the Commi ion r givinO' the 

name of the buildinO' nd marbl cor;.tractor, and hall tat wh th r 

he propo e · to comply with the r qu t or not. H hall al r 1 rt 

the cl ·ino- lat , if any stabli h l by the part r qu tin · th bi l. 

No bid hall be mad by anyon on a f plan r up ifi a i n r 

oth r information which do n t c mpl tel i lentif th buillin . 

E TI N G. N n-competitiv Bi l . (a) An. n ubmittino- in wri - in what he un l r tan l to b a n n- omp titiv bi l hall f rwar 1 

a carbon copy th r of to th ommi i n r toO' th r with h nam 

of th part to wh m ubmitt 1, an l a tat m nt tha h bid is 

non-competitive. Sh uld no oth r bi s on th am job rec iv d, 
70 

the Commissioner shall keep the whole matter confidential, but 

should other bids on the same job be received, the Commissioner 

shall notify all the bidders of the facts, and the matter shall be 

treated as a case of competitive bidding; 

(b) A continuous non-competitive negotiation, culminatmg in the 

definite award of a contract, is not subject to the requirements of 

the foregoing paragraph (a), but the facts of the award and the 

amount of the contract must be reported to the Commissioner. 

SECTION 7. Insuring Bona Fide Competition. Prior to the closing 

date, the Commissioner will withhold from all persons whatsoever 

any information as to the actual or prospective bidders on any job. 

SECTION 8. Distribution of Bids to Bidders. The Commissioner 

shall prepare a schedule of all the bids received on any competitive 

job, showing amounts of bids, names of bidders, and names of those 

to whom_ each bid has been submitted. This information shall be 

complete in all details, including amounts named on all alternates. 

On the day after the closing date, or as soon thereafter as possible, 

a copy of this schedule shall be mailed to every bidder who has 

complied with the Rules for Bidding contained in this subdivision 

'' B ", and to no one else. This information shall not be given to 

anyone who is not one of the bidders, nor to any other person, except 

the bidders described. 

SECTION 9. Certain Alternative Bids not to be disclosed. When 

a bidder submits an alternative bid and no other alternative bid is 

submitted on the same n1.aterial, the facts of the submission of this 

bid and the name of the bidder shall be disclosed to the other bidders, 

but the amount thereof shall not be disclosed. This alternative bid 

shall be treated in the same way as a single bid as provided in 

Section 10. 

SEcTION 10. A single Bid does not constitute Competition. Where 

competitive bids are asked for and only one is received, there is no 

competition, and if the party requesting the bids, asks for additional 

ones, additional bids may be submitted on a new closing date, as 

though no bidding had occurred. 

SEcTION 11. Accepting Contracts after Competitive Bidding. (a) 

At any time after the closing date, any bidder is free to accept a 

contract for the marble work concerned on the basis of his bid as 

submitted. All bidders are free to give the person who has the 

letting of the contract figures for omissions, additions and changes, 

all, however, to be figured on the same basis as that used in preparing 

their bids. If a contract is awarded on a competitive job after 

negotiations of this sort, or on the basis of an alternative bid not 

disclosed, the bidder receiving the contract must immediately report 

the facts to the Commissioner and must certify that changes have 

been figured on the same basis as his bid. 

(b) lf no changes have been made, and the contract is awarded 

at the total amount of one of the bids, the successful bidder shall 

immediately report the facts to the Commissioner. After the marble 

work has been awarded, the successful bidder shall send a certified 

copy of the contract, or purchase order, to the Commissioner. 

SECTION 12. Reporting award of Contract to Bidders. After the 

contract on any job has been awarded, the Commissioner shall report 

to all the bidders, all the essential facts pertaining thereto, and 
71 

shall then disclose to the bidders, the amounts of any alternative 

bids lreviously kept confidential in accorclan · with Section 9 of 

this rticle. 

SECTION 13. Bidd rs may state in th ir bids the time limit after 

the closing date within which the bid mu t be acted upon, and no 

bidder shall withdraw his bid during uch time limit. In case no 

such time limit is stated within the bid, no bidder shall withdraw 

his bid for a period of 30 days after the closing date. 

SEcTION 14. New Bidding on Revised Plans, pecifi ations or 

Schedules. Except as provided in Section 11, bids may not be 

submitted on the same plans, specifications or schedules, after the 

. clo ,ing date, and after a set of competitive bids has been submitted, 

but if bids are rejected, and new bids invited on revised plan ·, 

specifications or schedules, the following provisions shall apply 

with respect to the submission of bids by mem hers of the Indu try: 

(a) If the revisions are in quantity of marble only, and the total 

change does not amount to more than twenty five per cent (25 %) 

of the total quantity of marble originally called for, no member of 

the industry who did not submit a bid on the original plans an l 

specifications or schedules shall bid upon such revised plans and 

specifications or schedules. 

(b) If the revisions involved changes in the kind of marble only 

and such revisions do not involve changing more than twenty five 

per cent (25% ) of the quantity originally called for, no n1ember of 

the industry who did not submit a bid on the original plans and 

specifications or schedules shall bid upon such revised plans and 

specifications or schedules. 

(c) If quantities are changed, and the kinds of marble are also 

changed, if the sum of such changes does not amount to more than 

twenty five per cent (25% ) of the quantity of marble originally 

called for, no member of the industry who did not submit a bid on 

the original plans and specifications or schedules shall bid upon such 

revised plans and specifications or schedules. 

(d) When bids are submitted on revised plans specifications or 

schedules involving changes in the kind of marble, if a kind of 

marble called for in the plans and specifications or schedules previously bid upon is included in the revised plans and specifications 

or schedules as an alternate, without changes in quantities thereof 

amounting to twenty-five per cent (25 % ) or more, no member of the 

indu try who did not submit a bid on such kind of marble in the 

original plans and specifications or schedules shall submit a bid on 

such kind of marble so included in the revi eel plans an l p cification or schedules as an alternate, provided that thi rule shall not 

apply unles · the description containe l in the orio·inal plan an l p cification or chedules of the marble in que tion i ·p cific a · to gra le. 

A more en ral specification of a marble fr m a given lo ality, 

where a number of o-racles and kind ar pro lu d, hall not be 

sufficient to n1ake this rule operativ . 

SE TI N 15. All m mber of th In lustry shall when allecl ur on 

by th ommi ioner or by th de Authorit r ooperate with the 

ommi ioner or the Cod Authority to tho nd that th Rule ~ f r 

Fair mp titi n may fairly an l effectiv ly b a lmini t red. 

ECTION 16. Th rule ontained in thi · ubcliYi ion B rna be 

suspend d or modifi d, in wh le or in part, by th Aclmini trator 
72 

after notice and hearing granted to the Code Authority, if he shall 

be satisfied that such rules are not effectuating the policy of the Act. 

AnncLE VII-CosT DETERMINATION 

SECTION 1. The Code Authority shall cause to be formulated an 

accounting system and methods of cost finding and/ or estimating 

capable of use by all members of the industry. After such system 

and method have been formulated and approved by the Administrator, full details concerning them shall be made available to all 

members. Thereafter all members shall determine andj or estimate 

costs in accordance with the principles of such methods. 

SEcTION 2. A member of the Industry shall not sell or offer to sell 

labor, Inaterials and/ or services, or submit a bid or accept an order 

or contract, below the allowable cost thereof. 

SEcTION 3. The Code Authority, with the approval of the Administrator, shall determine which items of cost shall be included in, 

and a method and/ or formula for the determination of, allowable 

cost. 

SECTION 4. Until such time as such items and method andjor formula shall have been determined and approved as provided in Section 3 of this Article and allowable cost defined, allowable cost shall 

be the sum of the following items: 

(A) :Materials, including cost of transportation; 

(B) Waste; 

(C) Labor, Supervision and Supplies, for 

!

a) Sawing; 

b) Coping; 

c) Rubbing; 

(d) Polishing; 

(e) Finishing; 

(f) Machine work and cutting; 

(g) Boxing and packing; 

(h) Insurance; 

(i) Power, light and heat; 

(j) Water supplies; 

(k) Maintenance and repairs; 

( 1) Drafting and estimating; 

(D) Breakage and replacements of Material; 

(E) Allowance of ten per cent (10% ) of the sum of A, B, C and 

D, as above, for overhead, selling and administrative expense. SEcTION 5. For the purpose of determining the allowable cost of 

a finished job, whether f.o.b., delivered, or set in place, "allowable 

cost " shall be determined as provided in Section 4 of this Article, 

except that each person, if a producer, shall use as the basis for cost 

of material which he himself produces, to be finished for such finished 

job, his individual published market price therefor hereinafter provided for, and except that each person not a producer shall use as 

the basis for cost of material to be finished for such finished job the 

cost price actually paid by such person for such material. Each 

producer shall within thirty (30) days after the effective date file 

with the Code Authority and make available to the members of the 
73 

Inclu. try and t 1 urcha r and pro p ctj v pur ha ers a ·h dule 

of pri . for th variou t} pe an l cla ·ifi of bl ck. · 1 b , 

an l lnb · cop 1 t ·izc pr luc 1 by him, 'vhich heclnle of pri es 

hall remain in ffc t until changes th r in haYe b n fil cl witl he 

o 1e \.uthority. Revi ·e 1 hcdule of pri e · rna.' be filed fr m time 

to time ther after, with the Code Authority by any pr lu · r, to 

b com ffective up n a elate p cifiecl th rein, but u h revi ·eel 

ch clule · of price hall be fil cl with the od Authority t n (1 ) 

cla} in aclvanc of the eff ctive late, unle the od Authority hall 

authorize a shorter perio l. Copies f such r vi e l -ch clul . of 

pri e with notice of the effective date pecifi d, shall b made avail- able to the mem.ber of the Indu try immediately an l hall lik -

wi e b av.ailable to any purcha r r pr ·r ective pur haser.3 

ARTICLE VIII-:MomFICATION 

ECTION 1. Thi Code and all provi ions thereof are expre sly 

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

provi ions of ub-section (b) of Section 10 of the National Indu -

trial Recovery Act from time to time to cancel or modify any order, 

a1 proval, license, rule or regulation i sued under Title I of the aid 

Act and pecifically but without limitation to the right of the Pre -

ident to cancel or modify his approval of any provision of thi Code 

or any conditions ilnpose l by him upon hi approval thereof. 

SEcTION 2. This Code except a to the provisions r quired by the 

Act, may be modified on the ba is of experience or change in circum tances, such modifications to be ba eel upon application to the 

Administrator and uch notice and hearing as he shall specify and 

to become effective on approval by the Admini trator. 

ARTICLE IX-MONOPOLIES 

No provision of thi Code shall be o con trued or applied as to 

permit or promote monopoly or monopoli tic practice or to liminate, oppress or di criminate against mall enterpri es. 

ARTICLE X-EFFECTIV'E DATE 

This Code shall become effective on the second Monday after its 

approval by the President. 

ApproY d Cod No. 421. 

Registry No. 10-3-28. 

8 • e paragraph 2 of ord r approving this Code. 

0 
UNIVERSITY OF FLORIDA 

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