Approved Code No. 113 Registry No. 1026-09 

U. 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

LIMESTONE INDUSTRY 

I Al! 

AS APPROVED ON NOVEMBER 14, 1933 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PART 

T. 

- - ... - :1 - - - -

1. Executive Order 

2. Letter of Transmittal 

3. Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

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(ll) 
EXECUTIVE ORDER 

CODE OF FAIR COMPETITION FOR THE Ln.IESTONE INDUSTRY 

An application having been duly made, pursuant to and in full 

compliance with the provisions of title I of the National Industrial 

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

Fair Competition for the Limestone Industry, and hearings having 

been held thereon and the Administrator having rendered his report 

containing an analysis of the said code of fair competition together 

with his recommendations and findings with respect thereto, and 

the Administrator having found that the said code of fair competition complies in all respects with the pertinent provisions of title 

I of said act and that the requirements of clauses (1) and (2) of 

subsection (a) of section 3 of the said act have been met: • 

NOW, THEREFORE, I, Franklin D. Roosevelt, President of the 

United States, pursuant to the authority vested in me by title I of 

the National Industrial Recovery Act, approved June 16, 1933, and 

otherwise, do approve the report and recommendations and adopt 

the findings of the Administrator and do order that the said code of 

fair competition be, and it is hereby, approved. 

THE WHITE HousE, 

November 14, 1933. 

Approval recommended. 

HUGH s. JOHNSON, 

Administrator. 

21127°-244 4 33 

FRANKLIN D. ROOSEVELT. 

(ill) 
THE PRESIDENT] 

The Wh1,te House. 

NOVEMBER 10, 1933. 

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

Limestone Industry in the United States, a hearing on which was 

conducted in Washington on the nineteenth of September 1933, in 

accordance with the provisions of the National Industrial Recovery 

Act. 

PROVISIONS OF THE CODE AS TO WAGES AND HOURS 

This Code provides for a maximum workweek of forty (40) 

hours as averaged over three months' periods, provided that no 

employee shall work more than forty-eight (48) hours, or six (6) 

days, 1n any one week, nor more than eight (8) hours in any twentyfour (24) hour period. Exceptions to these limitations on working 

hours are provided :for salesmen, employees engaged in professional, 

executive, administrative, or supervisory work, when earning at 

least $35.00 per week. Further exceptions are provided for watchmen, firemen, plant engineers, truckmen, shipping crews, plant maintenance crews, and those engaged in emergency work, for which 

occupations somewhat wider latitudes are permitted. 

This ·code provides :for a minimum wage of thirty-eight (38) 

cents per hour, except that in southern states the wage may be as 

low as that prevailing on July 15, 1929; provided that in no case 

less than thirty ( 30) cents per hour shall be paid. These minimum 

rates are to be in effect where employees are compensated on the 

basis of a time-rate or on a piece-work performance. Provisions are 

included for maintaining wage differentials where equitable. 

The above wage requirements do not apply to the aged or physically infirm, who are limited in number and are to receive at least 

eighty (80%) percent of the above rates of pay. Accounting, clerical, office, or other employees are to be paid not less than $14.00 per 

week, except that a limited number of apprentices may be employed 

:for limited periods for not less than eighty ( 80%) percent of this 

weekly wage . . No persons under sixteen (16) years of age shall be employed nor 

anyone under eighteen (18) years of age at hazardous occupations. 

ECONOMIC ASPECTS OF THE CODE 

In 1932 only six and one half million cubic foot of Building Limestone was produced in this country while the volume of production in 1929 was estimated at approximately eighteen million cubic 

:feet. This serious decrea e in volume coupled with the disastrous 

competitive practices has brought about a proportionate reduction 

in the Industry's income. 

It is estimated that during 1929, 36,000 workers were employed at 

the quarries and on outside works for a period of 257 working 

(IV) 
V 

days, while in 1932, an opportunity of employment was xten led 

to only 22 000 men for a period of 183 working days. In many 

ca es employees have been forced to work long hour for very low 

wages. 

The Industry includes both the quarrying and fabrication of 

Limestone and since the :fabrication is often done near the building 

site: :fabricating plants are located in all important towns and cities 

throughout the United States. It is evident, therefore, that improvement within the industry will be reflected in the business areas as 

well as in the quarrying districts. 

Although it is impossible to accurately estimate the increa e in 

employment resulting from an application of the Code provisions, it 

is submitted that the maximum working hours provi ion , the sta- bilization of the earnings of labor and the elinimation of unfair trade 

practices will be reflected in the material improvement of labor and 

competitive conditions within the Industry. 

FINDINGS 

I find that: 

(a) The Code as recommended complies in all respects with the 

pertinent provisions of Title I of the Act, including, without limitation, subsection (a) of Section 7 and subsection ( b) of Section 10 

thereof; and that 

(b) The applicant group imposes no inequitable restrictions on 

admission to membership therein and is truly representative of the 

Limestone Industry; and that 

(c) The Code as recommended is not designed to promote 

monopolies or to eliminate or oppress small enterprises and will 

not qperate to discriminate against them, and will tend to effectuate 

the policy of Title I of the National Industrial Recovery Act. 

It is recommended, therefore, that this Code be immediately 

adopted. 

Respectfully, 

HuGH S. JOHNSON, Admini.strator. 
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CODE OF FAIR COMPETITION FOR THE LIMESTONE 

INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

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

Fair Competition for the Limestone Industry and are binding upon 

every member thereof. 

ARTICLE II-DEFINITIONS 

~ECTION 1. The term "industry", as used herein, includes the 

quarrying and/ or fabricating of limestone for use as architectural 

building stone, and such branches or subdivisions thereof as may from 

time to time be included under the provisions of this Code. 

SEC. 2. EmpZoyee.-The term "employee", as used herein, includes 

anyone engaged in the industry in any capacity receiving compensation for his services, irrespective of the nature or method of payment 

of such compensation. 

SEc. 3. Employer.-The term "employer", as used herein, includes 

anyone by whom any such employee is compensated or employed. 

SEc. 4. Member of the lndu.stry.-The term "member of the industry", as used herein, includes anyone engaged in the industry as 

above defined, either as an employer or on his own behalf. 

SEc. 5. Effective Date.-The term "effective date", as used herein, 

shall mean the tenth day after the approval of this Code by the President. 

SEc. 6. The terms "President", "Act", and "Administrator", as 

used herein, shall mean respectively the President of the United 

States, the National Industrial Recovery A.ct, and the Administrator 

under Title I of said Act. 

ARTICLE III-HoURs 

t,EcTioN 1. H ours.-On and after the effective date, except as hereinafter set forth, no employee shall work or be permitted to work 

in excess of forty (40) hours per week averaged over three months' 

periods; or in excess of forty-eight (48) hours in any one week or 

in excess of six (6) days in any one week, or in excess of eight (8) 

hours in any twenty-four (24) hour period. 

SEc. 2. The maximum hours specified in this article shall not apply 

to salesmen when earning more than $35.00 per week, employees 

engaged in professional, executive, administrative, or uper isory 

work "hen earning more than $35.00 per week. 

The maximum hours specified in this article shall not apply to 

watchmen. On and after the effective date, no watchmen mployed 

in this industry shall work or be permitted to work in excess of 

(1) 
2 

twelve (12) hours in any 24-hour period, or in excess o-f 64 hours 

in any one week. The maximum hours specified in this article shall 

not apply to firemen or to plant engineers, who shall be permitted 

to work not more than 2 hours a day in excess of the maximum hours 

prescribed in Section 1 of this article. The maximum hours prescribed in this article shall not apply to truckmen, shipping clerks, 

plant-maintenance crews, and those engaged in cases of emergency 

work requiring the protection of life or property. Such employees 

shall work not more than six days in any one week, nor more than 

48 hours in any one week, and shall be compensated at one and one 

third times their regular rate of hourly pay for all time worked in 

excess of 8 hours in any 24-hour period. 

SEc. 3. Total Hours.-No employee shall be permitted to work for 

a total number of hours in excess of the number of hours prescribed 

herein for each week and each day, whether employed by one or more 

employers. 

ARTICLE IV-WAGES 

SECTION 1. Rates of Pay.-(a) Except as hereinafter set forth, 

no employee shall be paid at less than the rate of thirty-eight cents 

per hour, except that in the states listed below where the established 

rate of pay for the same class of work on July 15, 1929 was less than 

thirty-eight cents per hour, the hourly rate shall be not less than 

that of July 15, 1929, and in no event less than thirty cents per hour. 

(Alabama, Arizona, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, New Mexico, North Carolina, Ohio (south), Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia.) 

(b) The amounts by which hourly wage rates in the higher paid 

classes of employees exceeded wages in the lower paid classes of 

employees on July 1, 1933., shall be at least maintained where equitable, having in view the then existing differentials in hourly wage 

rates. 

(c) The foregoing paragraph (a) establishes a guaranteed minimum rate of hourly pay, regardless of whether the employee is compensated on the basis of a time rate or on a piecework performance. 

( d) No employer shall reclassify employees so as to defeat the. 

purpose of the Act. 

( e) All employers in the industry shall post in their quarries 

and/ or mills or places of doing business, copies of the minimum wage 

and maximum hour provisions as set forth in this Code. 

SEc. 2. Pnvileged Employees.-Employees who by reason of old 

age or physical infirmities are incapab,le of normal productive effort, 

may be compensated at a rate not less than eighty (80) per cent of 

the foregoing minimmn rates of pay, but the number o:f such employees shall not at any time exceed eight percent ( 8%) of the total 

number of employees. · 

SEc. 3. Salaried Employees.-N o accounting, clerical, office, or 

other employees paid on a regular weekly or monthly basis shall be 

paid at less than the rate of $14.00 per week; except that office a{>-

prentices ( for a period not to exceed six ( 6) weeks m the Industry) , office boys, and office girls paid on a regular weekly or monthly basis 

may be paid not less than eighty percent (80% ) of the minimum 

weekly rate provided in this section. 
3 

SEc. 4. Area Agreements.-Minimum rates of wages and maximum 

hours of labor may be established nationally or for a region or locality by mutual agreements reached through bona fide collective bargaining between representative national, regional, or local group of 

employers and employees. In 110 event hall such minimum rate 

of wages be less than those e tablished in this article, nor shall ·uch 

maximum hours of labor be more than those establi ·hed in Article 

III of this Code. Such area agreeinents shall be effective upon 

appr_oval by the President after such notice and h aring as he may 

reqmre. 

ARTICLE V-GENERAL LABOR PROVISION 

SEOTION 1. Oliild Labor.-No person under sixteen (16) years of 

age shall be employed in this industry, nor anyone under eighteen 

years of age at ope.rations or occupations hazardous in nature or 

detrimental to health. The Code Authority shall submit to the 

Administrator before January 1, 1934, a list of such occupations. In 

any state an employer shall be deemed to have complied with thi 

provision if he shall have on file a certificate or permit duly issued 

by the authority in such state empowered to issue employment or 

age certificates or permits, howing that the employee is of the 

required age. 

SEc. 2. Rights of Labor.-(a) Employees shall have the right 

to organize and bargain collectively through representatfres of their 

own choosing, and shall be free from 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. 

(b) No employee and no one seeking en1ployment hall 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) Where the rates of pay and maximum hours of labor for any 

of the various classifications of workers in the indu try are now in 

effect by virtue of contracts entered into by collective bargaining between the employers and the employees, such rates of pay an 1 maximum hours of labor shall be maintained during the periods covered 

by the respective contracts; provided that the rates of pay provided 

in such contracts are not less than, nor the maximum hour of labor 

provided in such contract more than, the minimum rate of pay and 

the maximum hours of labor e tablished in this Code. 

ARTICLE VI-Am,nNr TRATION 

SECTION 1. Code Authority.-(a) To further effc tuate th policies of the Act a Code Authority i hereby et up t o p rat with 

the Admini trator in the admini tration f thi A ·t. 

(b) The National Control C mmitte of th :r ationa] Lim · one 

Industry, A sociated, as that committ i from tim to tim onstituted, is hereby established as the Code Authority for the In-
4 

dustry. The Government may be represented on said committee 

by ______ (from 1 to 3) members, without vote, to be appointed by 

the Administrator. Such governmental representatives will be appointed for terms of from six months to a year. In case more than 

one such representative is appointed, the terms of appointment will 

be so arranged that they do not expire at the same time. 

( c) Each trade or industrial association directly or indirectly 

participatin__g in the selection or activities of the Code Authority 

shall: (1) impose no inequitable restrictions on membership, and 

(2) Submit to the Administrator true copies of its articles of association, bylaws, regulations, and any amendments when made thereto, 

together with such other information as to membership, organization, and activities as the Administrator may deem necessary to 

effectuate the purposes of the Act. 

( d) 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. 

( e) The Code Authority shall have the following specific power 

and duties, subject to the review and disapproval or modification by 

the Administrator : -

(1) To establish such subcommittees and state, regional, or local 

committees as it may deem necessary. 

(2) To obtain from all members of the industry sworn or unsworn reports, periodically, or as often as it may direct, on wages, 

hours of labor, conditions of employment, number of employees, or 

other conditions in the industry pertaining to the provisions of this 

Code. 

(3) In addition to information required to be submitted to the 

Code Authority, there shall be furnished to governmental agencies 

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

( 4) To submit to the Administrator from time to time such 

recommendations, based upon conditions in the industry, as they 

may develop, as in its judgment will further effectuate the policies 

of the Act, or will improve the operation of this Code or any supplemental Codes proposed or made a part of this Code. Any such 

recommendations, when approved by the President, after such notice and hearing as he may prescribe, shall become effective as part 

of this Code. The Administrator may, if he so desires, submit such 

recommendations to the Authority or Authorities if and when established in Codes of the Construction Materials Industry and of the 

various functions or subdivisions of the Construction Materials 

Industry. 

( 5) To establish its own rules for the conduct 0£ its own business. 

(6) Members of the industry shall be entitled to participate in and 

share the benefits of the activities of the Code Authority and to participate in the selection of the members thereof by assenting to and 
5 

complying with the requirements of this Code and sustainino- their 

reasonable share of the expense of its administration. The reasonable 

share of the expenses of the administration shall be determined by 

the Code Authority, subject to review by the Administrator, on the 

basis of volume of business and/ or such other factors as may be 

deemed equitable to be taken into consideration. 

(7) To establish rules, methods, and practices for filing bids, 

which upon approval by the Administrator, shall be used by all members of the industry. 

(8) To coordinate its acts with the administrative agency if and 

when established under the Code of Fair Competition for the Construction Materials Industry. 

(9) To prepare and submit, with the cooperation of the United 

States Public Health Service, not later than January 1, 1934, a 

report on hazards affecting employees in the industry with recommendations for their improvement or correction, which recommendations, upon approval by the President, and after such hearing as he 

may prescribe, shall become effective as part of this Code. 

SEc. 2. The Code Authority is directed to cooperate with the 

Administrator as a planning and fair practice agency for the limestone industry. The Code Authority may from time to time present 

to the Administrator recommendations based on condition in the 

industry as they may develop from time to time which will tend to 

effectuate the operations of the provisions of this Code and the 

policy of the National Recovery Act and in particular along the 

following lines : 

1. Recommendations for the requirement by the Administrator 

of registration by members of the industry of their productive 

machinery. 

2. Recommendations for the requirement by the Admini trator 

that prior to the installation of additional productive machinery by 

persons engaged or engaging in the limestone industry, except for 

the replacement of obsolete or retired machinery, such person · shall 

secure certificates that such installation will be consistent with effectuating the policy of the National Industrial Recovery Act during the period of the emergency. 

3. For the granting or withholding by the Admini trator of uch 

certificates as so required by him. . . SEc. 3. Supplemental codes may be submitted to the Adnum trator by subdivisions of the industry through the Code Authority 

established herein or through the Code Authority e tablished by the 

Code of Fair Competition for the Construction Material Industry, 

when consistent with this Code and other rules and regulations 

promulgated by the President an~ when within the ... pirit and purpose of the Act, but nothing herein shall be con trued to prevent a 

trade association or other representative group from submitting a 

code directly to the National Recovery Administration. Any ·uch 

upplemental code shall provide for minimum rate of pay not 1 s 

than, and for maximum hours of work not more than the limitation 

establi heel therefor in this Code. 

E . 4. ) elling Methods.-(a) The Code Authority hall determine with the approval of th Administrator a formula for arriYinoat the allowable o t for the variou. produ t of the industry below 

which it shall be an unfair practice to sell. 
6 

(b) Any member of the industry selling block and sawed stone 

shall publish price schedules and shall file the same with the Code 

Authority or with such agencies as it may designate. Notice of 

changes in prices so publish~d and filed shall be given the Authority 

or its agency not less than six ( 6) days before such changes become 

effective. Prices so published and filed shall be maintained by each 

member of the industry filing the same. 

( c) :Members of the industry who both quarry and fabricate limestone shall charge themselves as fabricators the prices for block 

and sawed stone which they have filed with the Code Authority. 

SEc. 5. Trade Practices.-The Code Authority shall study the 

trade-practice provisions, paragraphs (a) to (d) below, and the 

operation thereof, and shall make any recommendation from time 

to time to the Administrator which it deems desirable :for modification or addition thereto which upon his approval, after such hearing 

as he may prescribe, shall become a part of this Code and shall have 

full force and effect as provisions hereof. 

(a) Collusion between the awarding authority and any member 

of the industry, or between different such members in preparation 

of bids, shall be an unfair method of competition. · 

(b) Subrn.itting of bids unless and until the awarding authority 

inviting the bids makes available complete plans and/or specifications 

and other pertinent information in order that the bidder may prepare 

a complete estimate or bid in accordance therewith, shall be an 

unfair method of competition. 

( c) Extending of anx rebates, refund allowance, discount, com-

_mission or service pri v1lege in any form, except to all purchasers 

under like terms and conditions, shall be an unfair method of 

competition. 

( d) Making or causing or knowingly permitting to be made or 

published any false, materially inaccurate, or deceptive statement by 

way of advertisement or otherwise, whether concerning the grade, 

quality, quantity, substance, character, nature, origin, size, finish, or 

preparation of any product of the industry, or the credit terms, 

values, policies, or services of any member of the industry, or otherwise, having the tendency or capacity to mislead or deceive customers 

or prospective customers shall be an unfair method of competition. 

ARTICLE VII-MomFICATION 

1. This Code and all the provisions thereof are expressly made 

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

of Subsection (b) of Section 10 of the Act, from time to time to 

cancel or modify any order, approval, license, rule, or regulation 

issued under Title I of the Act and specifically but without limitation, 

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. 

2. This Code, except as to provisions required by the Act, may be 

modified on the basis of experience or changes in circumstances, such 

modification to be based on application to the Administrator and such 

not.ice and hearing as he shall specify, and to become effective on 

approval of the President. 
7 

ARTICLE VIII-MONOPOLIES 

No provision of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppre s, or discriminate against mall enterpri es. 

ARTICLE IX-PRICE INCREASE 

Whereas the policy of the Act to increase real purchasing power 

will be made impossible of consummation if prices of goods and 

services increase a rapidly as wages, it is recognized that price increase should be delayed and that, when made, the same should, so 

far a reasonably pos ible, be limited to actual increases in the seller's 

costs. 

ARTICLE X-BIDDING PRACTICES 

Whenever a member or member of the Industry, acting as an 

awarding authority, receive competitive bids, such member or members of the Indu try shall not engage in the practice of "Bid Peddling." (Note-" Bid Peddling" is defined as the giving or receiving or attempting to give or receive information, true or false, regarding a competitor's estimate or bid in order to gain or give an unfair 

advantage.) 

ARTICLE XI-EFFECTIVE DATE 

This Code shall become effective on the tenth day after its 

approval by the President. 

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