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v 

3 1262 08482 9059 ndment No. 2 Registry No. 1011-1-02 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

CONCRETE MASONRY INDUSTRY 

AS APPROVED ON OCTOBER 10, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D. C. - - • - • - - - Price 5 ceoh 
This publication is for sale by the Superintenctent of Documents, Government 

Printing Office, 'Vashington, D. C., and hy 1istrict offices of the Bureau of 

Foreign and Domestic ( 'ommerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMrtiERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Mass. : 1801 Custom ~e . 

Buffalo, N. Y.: Chamber of Commer ce Buihling. 

Charl eston, S. C. : Chamber of Commerce Builciing. 

Chicago, Ill.: uite 170G, 201 North Wells Street. 

Cleveland, Ohio: Chamber of Commerce. 

D allas, Tex.: Chamber of Commerce BuildinCT. 

Detroit, 1\Iich.: 801 First Nationnl Bank Building. 

H ouston, Tex. : Chamber of Commerce Building. 

Indianapolis, Inc1.: Chamber of Commerce Building. 

J ack om·ille, Fla. : 'humber of Commerce Building. 

K ansas City, lUo.: 102 Baltimore Avenue. Los Angeles, Calif.: 11G3 South Broadway. 

Louisville, K y.: 408 Federal Building. 

1\femphis, Tenn. : 229 Federal Buildino-. 

Minneapoli , l\Iinn. : 213 Federal BuilLling. 

New Orleans, La. : Room 225-A, Customhouse. 

New York, N. Y.: 734 Cu tomhouse. Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa.: 4~2 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

P ortlancl, Oreg. : 21f:i New P ost Office Building. 

St. Louis, 1\lo. : 506 Olive Street. Snn Francisco, Calif. : 310 Customhou e. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 133-Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CONCRETE MASONRY INDUSTRY 

As Approved on October 10, 1934 

ORDER 

ArrnonNG A :uENDMEXT TO THE ConE OF FAIR Co:MPETITION FOR THE 

CoNCRETE MASONRY INDuSTRY 

An application having betm duly made pur uant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of an amendment to the Code of Fair Competition for the Concrete }.ifasonry 

Industry, and hearings having been duly held thereon and the 

annexed report on said amendment, containing findings with respect 

thereto, having been made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 

States, we, the National Industrial Recovery Board pursuant to authority vested in us by Executive Order. of the President including 

Executive Order No. 6859, elated September 27, 1934, and otherwise; do hereby incorporate, by reference aid annexed report and 

do find that said amendment and the Code a con tituted after being 

amended comply in all respects with the pertinent provisions and 

will promote the policy and purpose of said Title of said Act, and 

do hereby order that aid amendment be and it is hereby approved, 

and that the previous approval of said Code is hereby amended 

to include an approval of said Code in its entirety as amended. 

NATIONAL INDUSTRIAL RECOVERY BoARD, 

By G. A. LYNCH, Acl1ninistrative Officer. 

Approval recommended : 'v A YNE P. ELLrs, 

Acting Division Administrator. 

'V ASHINGTON, D. C., 

Octobm· 10, 1934. 

90623°----12~4-31----34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Sm: An application has been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, for an amendment to the Code of Fair Competition 

for the Concrete 1v1asonry Industry, submitted by the Code Authority for the Concrete 1\1asonry Industry. 

The purpose of this amendment is primarily to clarify and 

strengthen a number of provisions in the Code and to permit the 

inclusion of sub-divisions of the Industry at a lat€r date. Existing 

provisions have been revised, and new provisions have been added 

to more effectively create employment, protect wage payments, permit employment of handicapped persons, prevent reclassification of 

labor through subterfuge, prev("nt improper dismissal of employees, 

and provide for the safety and health of employees. The provisions 

relating to administration have been completely re-written for clarity and to conform to ·existing policy, and recommended pro~edure. 

The provisions relating to secret rebates and commercial bribery 

have been revi eel for clarity and to conform with Administrative 

policy. The provision relating to price listing has been revised to 

make such lists available for in vection of all intere ted parties. 

The effect of the amendment is briefly that the position of the employee in the Industry is strengthened and his welfare given more 

protection, and that the administration of the Code may proceed 

alono· more definite and constructive lines. 

FINDINGS 

The Deputy Administrator jn his final report ton on said amendment to said Code having found as herein set forth and on the basis 

of all the proceedings in thi matter; 

We find that: 

(a) The amendment to said Code an 1 the Code a· amended are 

well designed to promote the policies and purpo e of Title I of 

the National Inclu trial Recovery Act including the removal of obstructions to the free flow of interstate ancl foreign commerce which 

tend to diminish the amount ther~of, and will provide for the general welfare by promoting the organization of Indn. try for the purpo e of cooperative action among trade groups by inducing and 

maintaining unit action of labor and management· under adequate 

governmental sanction and ·upervision, by eliminating unfair competitive practic~s, by promoting the fulle t pos ·ible utilization of the 

P.resent pr<5cluctive capacity of indu tries, by avoidin:g undue restrictwn of production (except as may be temporarily required), by 

increasing the consumption of indu trial and agricultural products 

(2) 
3 

through increasing purchasing power, by labor and by otherwise 

rehabilitating industry. 

(b) The Code as amended complie in all respects with the pertinent provision · of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7 and 

Subsection (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to pre ent the aforesui l amendment on behalf of the Industry as a whole. 

( c1) The amendment and the Code as amended are not designed to · 

and will not permit monopolies or monopolistic practice . 

(e) The amendment and the Code as amended are not designed 

to ancl will not eliminate or oppress small enterprises and will not 

operate to discriminate against them. 

(f) Those engaged in other steps of the economic process 11ave 

not been deprived of the right to be heard prior to approval of said 

amen ]ment. 

For the e reasons, 

OcTOBEH 10, 1934. 

therefore, we have approved this amendment. 

NATION .AL INDUSTRIAL REcovERY BoaRD, 

By G. A. LYNCH, Ad1ninist1?ative Officer. 
AJ\fENDMENT TO CODE OF FAIR COMPETITION FOR 

THE CONCRETE MASONRY INDUSTRY 

Al\IENDl\IENT N 0. 1 

Article II, Section 1, entitled " Industry " to be amended to read 

as follows: 

" The tern1 ' Industry ' as used herein includes the manufacture, 

and sale by those who n1anufacture, of block, brick, or tile building 

units made of Portland Cement Concrete, primarily for structural 

use, and such related branches or sub-divisions as may from time to 

time be included under the provisions of this Code ". 

Al\IEKDJ\IENT N 0. 6 

Article III, Section 2 (c) to be amended by re-writing the Section 

as follows : 

"\Vatchmen, proYided no such employees shall be permitted to 

work in excess of fifty -six (56) hours in any one week; provided 

further, however, that in idle plants not operating and which have 

not operated for the previous t"Wo weeks, watchmen shall not be permitted to work in excess of sixty-four (64) hours in any one week." 

AMENDMENT N 0. 7 

Article III to be amended by adding the following new Section 

as Section 7 : 

' Standards a to the maximum hour~ of labor, minimum 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 established for 

any area by mutual agreements b2tween employers and employees arrived at and approved pursuant to the provisions of Section 7 (b) 

of the Act, provided that the wage and hour provisions of such agreement hall not be less favorable to employees than the wage, hour 

and other lubor proYisions e tablished in this Code." 

- Al\IEl'\Dl\IEKT N 0. 8 

Article IV, Section 2 (d) to be amonded by sub tituting the following therefor : _ 

"These ·wages shall be exempt· from any payments or pensions, 

insurance or sick benefit , other than those voluntarily paid by the 

wage earners, or required by law, and such wages shall be paid in 

lawful currency or by negotiable check payable on demand. Pay 

periods for wages shall be at lea. t weekly, and for salaries at least 

monthly. The employer or his agent shall accept no rebates directly or indirectly on such wages '; · 

(4) 
5 

and by adding a new Se tion, 'e tion 3 a. follows: 

"A per on who e earning capacity i limite<l bet:au c of age, 

])h} ical or mental handicap or other infirmity 1 1ay be employed 

on light work at a wage belo·w the minimum e tabli heel by this Code, 

if the emplo er obtain· from th tate Authority, de ignatecl by the 

U. S. Department of Labor, a certificate authorizing uch persons 

employment at such wage· and for such hours as shall be tated in 

the ertificate. uch authority shall be o·uided by the in~tructions 

of the U. S. Department of Labor in issuing certificates to such 

per n-. Each employer . ·hall file monthlv with the Code Authority 

a li t of all uch per ·ons employed by him, showing the. \Yages paid 

to and the maximum hour of \York f or su h employee.' 

Al\IEN Dl\IENT No. 9 

Article V Section 4 to be amended by striking out pre. ent Section 4 in the Code and . ·ubstituting the following therefor : 

'· R eclcts ification .-Employer shall not reclassify employees or 

clutie~ of occupation. performed by employees o as to defeat the 

purpo ·e of the Act or of thi Code, nor engage in any other . ubterfuge for nch purpose. ·:' 

A~rENDl\IEKT No. 10 

Article V, e tion 5 to be amended by adding certain ords 

thereto in order that the complete ection as amended shall read as 

follows: 

'Each mployer ·hall provide for the afety and health of his 

employee . H e shall not be relieYe l from complying with all national, state and lo al ordinance · and provisions of safety measures 

referring to safety and health measures and the welfare of employees in ofar as the same may apply to his special type of work, 

nor from prote ting his employee by workmen's compensa;tion inurance. Standards for afety and health shall be nbnntted by 

the Code Authority to the Admini trator for approval within three 

(3) month · after the eff ctiYe elate of this amendment." 

A.:\rENDME:KT No. 11 

Article V to be amen led by a<lding thereto the following ection, 

as Section 8: 

' No employee shall be dismi ·sed or demoted for making a complaint or givino· evidence with re pect to an alleged violation of 

this Code. ' 

Al\IEND:MEN'.r No. 12 

Article IV, Section 1 (a)-. Amend by striking out the words: 

" No factory or n1echanical worker or artisan ", and ubstituting 

therefor the words: ' Except a · provided in subsections (b) and (c) 

of this Section, no employee" so that Section 1 (a) will read as 

follows : 

"Except as provided in Sub ·ections (b) and (c) of this Section, 

no employee shall be paid at..le._.- than at the rate of forty ( 40) cents 

per hour, except that in Region Number 4 as defined in Article VI 

of this Code, the minimum shall be thirt_ (30) cents per hour." 
6 

AMENDMENT No. 13 

Delete the whole of Article VI, with ex eption of Section 14 as 

amended August 13, 1934, and substitute in lieu thereof the following: 

"Article VI-Administration. SE TION 1. R egions.-To facilitate administration, the indu try 

shall be divided into five regions, us follows: 

(1) lVIaine Vermont, New Hampshire, New York, Massachusetts, 

Com1ecticut., Rhode I land. 

(2) Pennsylvania, Maryland, New Jersey, Delaware, Di trict of 

Columbia, "\Vest Virginia. 

(3) Indiana, Michigan, Wisconsin, Kansas, Illinois, JY1inne ota, 

Iowa, Ohio, :Missouri, North Dakota, South Dakota, Nebraska. · ( 4) Texas, Oklahoma, Arkansa ·, Louisiana, 1\:ent.ucky, Tennessee, 

J\1ississippi, Virginia, North Carolina, South Carolina, Georgia, 

Alabama, Florida. 

( 5) Arizona, California, Colorado, Idaho, :Montana, Nevada, Vvyoming, New Mexico, Oregon, Utah, Washington. 

SECTION 2. The regions as established in Section 1 abo\e may be 

revised andjor subdivided upon application by the Code Authority 

and approval by the Administrator. 

SECTION 3. A Code Authority is hereby "'Stablished for the administration of this Code, and shall consist of eight (8) members 

to be elected as hereinafter provided, together with such additional 

members as may be required to represent new divisions as provided 

in Section 13 (b) of this Article. In addition to the member hip as 

above provided there may be three (3) members, without vote, to 

be known as Administration J\1embers, to be appointed by the Adn1inistrator to serve for such time as he may specify. SECTION 4. The Code Authority shall be elected in the following 

1nanner: The members of the Industry in each division shall, by a 

fair method of election to be approved by the Administrator, select 

its representatives to serve as Inembers of the. Code Authority, and 

the proportionate representation of each division on the Code 

Authority shall be based on the relative. annual production (or volume of business) of the members of the Industry in each division. 

In the event of any vacancy occurring, the Code Authority shall elect 

a member to fill such vacancy, provided that the proper representation of each division is maintained. • 

SECTION 5. Each trade or industrial as ·ociation directly or indirectly participating in the selection or activities of the Code Authority or of any regional or subregional administrative committee shall: 

(1) impose no inequitable restri~tion on membership, and (2) submit to the Administrator true copies of its articles of association, 

by-laws, regulations, and any amendment when made thereto together with such other information as to membership, organization, 

and activities, as the Administrator may deem neces ary to effectuate 

t.he purposes of the Act. 

SECTION 6. In order that the Code Authority shall at all times be 

truly representative of the Industry and in other I'espects comply 

with the provi ions of the Act, the Administrator may prm·ide such 

hearings as he may deem proper; and thereafter if he shall find that 
7 

the Code Authority i not truly represent.ative or does not in other: 

respects comply with the provisions of the Act, may require an appropriate modifica ion in the method of selection of the Code 

Authority. 

SECTION 7. Nothing contained in this Code shall constitute the 

members of the Code Authority partnt>rs for any purpose. Nor: 

shall any member of the Code Authorit. · be liable in any manner 

to anyone for any act of any other member, officer, agent, or eJnployee of the Code Authority. Nor shall any member of the Code 

Authority be liable to anyone for any action or omission to act tmder 

the Code, except for his own willful malfea ance or nonfeasance. 

SECTION 8. If the Administrator shall at any time determine that 

any action of a Code Authority or any agency thereof may be unfair or unjust or contrary to the public interest, the Administrator 

1nay require that such action be suspended to afford an opportunity 

for investigation of the merits of such action and further consideration by such Code Authority or agency pending final action which 

shall not be effective unless the Administrator approves or unless 

he shall fail to disapprove after thirty (30) days' notice· to him 

of intention to proceed with such action in its original or modified 

form. 

SECTION 9. Subject to such rule and regulations as 1nay be i sued 

by the Administrator, the Code Authority shall have the following 

powers and duties, in addition to these authorized by other provisions of this Code. 

(a) To insure the execution of the provisions of this Code and to 

proYide for the compliance of the industry with the provisions of 

the Act. 

(b) To adopt by-laws and rules an l regulations for its procedure. 

(c) To obtain from members of the industry such information 

and reports as are required for the administration of the Code. In 

addition to information required to be submitted to the Code Authority, members of the industry subject to this Code shall furnish 

such statistical information as the Administrator may deem necessary for the purpose recited in Section 3 (a) of the Act to such 

Federal and State Ag-enci as ho may designate; provided that 

nothing in this Code shall relieve any member of the industry of 

any exi ting obligations to furni ·h r eports to any Governmental 

Agency. No individual report hall be eli closed to any other member of the industry or any other party except to such other Governmental agencie as may be directed by the Admipistrator. 

(d) To use such trade a. uOCiations and other agencies a it deems 

proper for the caiT} ing out of any of its activities provided for 

herein, provided that nothing herein shall relieve the Code Authority of its dutie or re ponsibilities under this Code and that uch 

trade associations and agencies shall at all times be subject to and 

comply with the provi ions hereof. 

(e) To make r econnnendation to the Admini trator for the co- ordination of the administration of this Code and such other Codes, 

if any, as may be related to or affect 1nembers of the industry. 

(f) The Code Authority n1ay present to the Administrator recommendations ba eel upon conditions in the indu try as they m.ay de· 

velop from time to time, which recommendations will tend to ef-
8 

fectuate the operatio.n of this Code and the policies of the Act. 

Such recommendations, upon approval by the Administrator, shall 

become effective as a part of this Code. 

(g) To recommend to the Administrator any action or measures 

deemed advisable, including further fair trade practice provisions 

to govern members of the industry in their relations with each other 

or with other industries; measures for industrial planning, and stabilization of employment; and including modifications of this Code 

which shall become effective as part hereof upon approval by the 

Administrator after such notice and hearing as he may specify. 

(h) To provide appropriate facilities for arbitration by the members of the Industry, and subject to the approval of the Administrator, to prescribe rules of procedure and rules to affect compliance 

with a wards and determinations. 

SEcTION 10. R egional Oomrnittees.-Members of the Industry in 

any division in any region, as defined in Section 1 of this Article, 

may establish Regional Committees by means of some fair method 

of election, subject to the approval of the Code Authority and the 

Administrator. The Code Authority on its own motion may, or 

upon petition of 25 per cent of the 1nembers of the industry in any 

division in any region shall,. call a meeting of all the members of the 

industry in any division in any region for the purpose of organizing 

and electing a Regional Committee. 

SECTION 11. Sub-Regional Oon11nit.tees.-If, in pursuance of Section 2 of this Article, any region may be divided into sub-regions, 

each such sub-region may establish a Sub-Regional Committee by 

means of some fair n1ethod of election, subject to the approval of the 

Code Authority and the Administrator. 

SECTION 12--a. Regional and Sub-Regional Committees elected in 

conformity with Sections 10 and 11 of this Article shall have such 

powers and duties as may be delegated by the Code Authority, provided, however, that all minutes and records shall be filed with the 

Code Authority, and provided, further that any action of any such 

committee shall be subject to the review and disapproval of the Code 

Authority. 

SECTION 12--b. The Code Authority may use such trade associations and other agencies as it deems proper for the carrying out of 

any of its activities provided for herein and to pay such trade associations and agencies the cost thereof, provided that nothing herein 

shall relieve the Code Authority of its duties or responsibilities under 

this Code and that such trade associations and agencies shall at all 

times be subject to and comply with the provisions hereof. 

SECTION 13-a. For the purpose of the election of the Code Authority and to facilitate the administration of this Code, the following 

divisions of the industry are heTepy established. 

(1) The Cinder Unit' Division, which shall consist of those members of the Industry who manufacture block, brick or tile building 

units, primarily for structural use, in which the aggregate chiefly 

used is Qinders. 

(2) The Concrete Masonry Unit Division which shall consist of 

those members of the industry who manufacture block, brick or tile 

building units, primarily for structural use, in which the aggregate 

used is chiefly other than cinders. 
9 

SECTION 13-b. Divisions of the Industry may be established upon 

application to the Administrator by truly repre entative associations or group after such hearing and notice as he may prescribe, 

and such divisions shall have representation on the Code Authority 

in equitable proportion to the other divisions r presented on the 

Code Authority, and such members of the Code Authority shall be 

elected by a method to be approved by the Admini trator. _ SECTION 13-c. Each ~fember of the Indu try shall make such 

sworn reports to the Code Au lwrit3 a to wage , hour of labor, 

number of employees, production~ stocks on hand, sale , and such 

other matters as the Cede Authority may require for the admini - tration of this Code. 

SECTION 13-d. Each J\Iem.ber of the Indn try hall keep accurate 

and complete records of its transactions in the Industry wheneyer 

such records may be required under any of the provi ions of this 

Code, and shall furnish accurate reports based upon such records 

concerning any of uch activities when r equired by the Code Authority or the Admini trator. If the Code Authority or the AdministratoT shall determine that ub tantial doubt xists as to the 

accuracy of any such r eport, so much of the pertinent books, records and paper. of such J\1em.ber as ma} be required for the verification of such report m.ay be examined by an impartial agency, 

agreed upon between the Code Authority and such l\tiember, or, in 

the absence of agreement, appointed by the Admini trator. In 

no case shall the facts di clo ecl by uch examination be n1acle 

available in identifiable form to any competitor, whether on the Code 

Authority or otherwise, or be given any other publication, except 

such as may be required for the proper admini tration or enforcement of the provi ·ions of this Code. 

A::'IIEND:L\IENT No. 16 

Article VII, Section 1 (c). Amend by triking out second word, 

" de-fine ' , and sub tituting therefor the word, " defame ", in order 

that sub-section may read a follow : "To defame a competitor. by 

words or act , falsely imputing to him Ji honor able conduct inability to perform contract~, or qn tionable credit tanding, or bv the 

fal e eli paragement of the gra l or quality of his products." 

AMENDl'IIENT N 0. 17 

ArLicle VII Section 1 ( i) and Section 1 (j). \.mend by . triking 

out sub-section (i) and (j) and ub tituting therefor the follo'\\·ing : '': (i) Secret R ebate.·.-To secretly offer or n1ake any payment of 

allowance of a rebate, refund. commi .... ·ion, credit, unearned discount 

or exce allowance, whether in the form of money or otherwi e. nor 

to secretly offer or exten l to any cu tomer any pecial ervice or 

privilege not extended to all cu tomers f the same cla for the 

purpose of infiuenr·ing a sale." 

"(j) 0 om?neJ•cial Bribery.-To giYe , permit to be giYen or Erectly 

offer to giYe, miything of -.. alne for the purpo_· of influencing or 

regarding the action of any employe , agent or repre:- ontati-re of 

another in relation to the business of the employer o£ such employee, 
10 

the principal of such agent or the represented party~ without the 

knowledge of uch employer principal or party. This provision 

shall not be construed to prohibit free and general distribution of 

articles commonly used for ad-rerti. ing except so far a · . ·uch articles 

are actually u eel for commercial bribery as hereinaboye defined." 

Al\IENDJ\IE~T No. 19 

Amend Article VII, Section 3 lJy changing the period in Line G 

to a semi-colon and add therea:fter the following IYord ·: 

"Such price lists or copies thereof to be made available during 

all business days for the insp ction of any and all interested parties."; and by substituting the following for the first sentence in the 

second paragraph of Section 3 of Article VII: 

"The Code Authority shall immediately send copies thereof to 

all such members of the Indu. try and their customers as shall apply 

therefor and defray the cost thereof "; in order that the revised 

Section 3 of Article VII shall read as follows : 

"Published Priees.-Each membBr of the Industry . ·hall publi h 

and distribute to the trade hi · price lists for sales to consumers 

andjor middlemen for various types, kinds, and grades of product 

of the Industry, which shall include credit terms, trade and cash discounts, schedules of freight and cartage charges; copies of which 

shall at the same time be submitted to the Code Authority; such 

price lists or copies thereof to be made available during all business 

days for the inspection of any and all interested· parties. 

The Code Authority shall immediately send copies thereof to all 

such members of the Industry and their customers as shall apply 

therefor and defray the cost thereof. Any revision of such price 

lists or other such information which may be thereafter made, shall 

be published to the trade and filed with the Code Authority to become effective on the date specified, but such revised price lists shall 

be filed at least five days in advance of the effective date . Failure 

to adhere to such published price lists, discounts, terms, or other 

conditions of sale, shall constitute a:n unfair method of competition." 

Approved Co<le No. 133-Amendment No. 2. 

Registry No. 1011-1-02. 

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