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3 1262 08482 9125 _ _ _ _ _ . __ ___ ._mendment No. 1 Registry No. 1023-28 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

MARBLE QUARRYING AND 

FINISHING INDUSTRY 

AS APPROVED ON OCTOBER 29, 1934 

W E DO OUR PART· 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHING TON : 1934 

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Approved Code No. 421-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

MARBLE QUARRYING AND FINISHING 

INDUSTRY 

As Approved on October 29, 1934 

ORDER 

APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE 

MARBLE Qu ARRYING AND FINISHING 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 approval of an amendment to a Cocte of Fair Competition for the Marble Quarrying and 

Finishing 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 o:f the United 

States, the National Industrial Recovery Board, pursuant to authority ve ted in it by Executive Orders of the President, including Executive Order No. 6 59, and otherwise, does hereby incorporate, by 

reference, said annexed report and does find that said amendment and 

the Code as constituted after being amended comply in all respects 

with the pertinent provisions and will promote the policy and purposes o:f said Title of said Act, and do hereby order that said amendment be and it is hereby approved1 and that the previous approval 

o:f said Code is hereby amended to include an approval o:f said Code 

in its entirety as amended. 

NATIONAL INDUSTRIAL RECOVERY BOARD, 

By G. A. LYNCH, Administrative Officer. 

Approval recommended : 

vv. P. ELLis 

Actvng bivision Administrator. 

w .ASHINGTON, D. c., 

October 29, 1934. 

94220°-1244-115-34 (1) 
REPORT TO TI-IE PRESIDENT 

The PRESIDENT, 

The White Howse. 

Sm: The Public Hearing on an Amendment to the Code of Fair 

Competition for the Marble Quarrying and Finishing Industry, as 

proposed by the Marble Industry Employers' Association of New 

York and Vicinity, and assented to by the Code Authority for the 

said Indu. try, was conducted in vVashington, D. C., on the thirteenth 

day of June, 1934. Everyone who requested an appear ance was 

heard in accordance with the regulations of the National Recovery 

Administration. There were present duly authorized representatives 

of the Code Authority for the Industry. 

The propo eel Amendment establishes a regional committee for the 

Metropolitan District of the City of New York as provided in Article V, Section 6 of the Marble Quarrying and Finishing Code. The proponents of this Amendment, the Marble Industry Employers' As ociation, is composed of thirty-six firms operating plants 

for the fabricating and erection of marble for use pnncipally in the 

interior of buildings and structures. The member firms fabricate 

and erect more than ninety percent of the marble used in buildings 

and structures in the New York City area and have a combined 

investment representing a total of ten million dollars. Of the total 

amount of marble used in the United States, approximately twentyfive percent is finished and erected in the Metropolitan District o:f 

the City of New York. 

The Deputy Administrator in his final report to us on said 

Amendment to said Code having found as herein set forth and on 

the basis of all the proceedings in this matter : 

,v e find that : 

(a) The Amendment to said Code and the Code as amended are 

well designed to promote the policies and purposes of Title I of the 

National Industrial Recovery Act including the removal of obstructions to the free flow of interstate and :foreign commerce which tend 

to diminish the amount thereof, and will provide for the general 

welfare by promoting the organization of industry for the purpose 

of cooperative action among trade groups by inducing and maintaining united action of labor and management under adequate governmental sanction and supervision, by eliminating unfair competitive practices, and promoting the fullest possible 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. 

(2) 
3 

(b) The Code as am~nded complies in all respects with the pertinent provisions of said Title of said Act, including without limitation sub-section (a) of Section 3, sub-section (a) of Section 7 and 

sub-section (b) of Section 10 thereof. 

(c) The Marble Industry Employers' Association of New York 

and Vicinity was and is an industrial association truly representative of the aforesaid Industry in the Metropolitan District of the 

CitJ of New York, and that said association imposed and imposes 

no inequitable restrictions on admission to membership therein and 

has applied for this Amendment, which Amendment has been assenwd to by the Code Authority for the said Industry. 

( d) The A1nenchnent and the Code as amended are not designed 

to and will not permit monopolies or monopolistic practices. 

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

to and 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 have 

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

such Amendment. 

For these reasons, therefore, we have pproved this Amendment. 

For the National Industrial Recovery Board: 

G. A. LYNCH, 

Administrative Officer. 

OCTOBER 29, 19'34. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE MARBLE QUARRYING AND FINISHING INDUSTRY 

Add to Article V, a new sub-section 6A as follows: 

SECTION 6A (1). A Regional Committee is hereby constituted to 

administer the provisions of this Code in the Metropolitan District 

of the City of New York ( which shall include Greater New York, 

Long I land, and the territory within twenty-five miles from the 

pre ent New York City line) and shall consist of five members to 

be selected as follows : 

(a) The Code Authority member elected by the members of the 

Industry within the Metropolitan District of the City of New 

York, in accordance with Article V, Section 1 (b), shall be a 

member of this Regional Committee. He shall hold office as a 

mem.ber of this Committee during his term as a member of the 

Code Authority. 

(b) vVithin ten days after the election and recognition of the 

Code Authority member elected by the members of the Industry 

within the 1\1:etropolitan District of the City of New York, four 

other members of the Regional Committee shall be selected in the 

manner and for the terms stated in the following paragraphs: 

( c) If the Code Authority member elected by the members of 

the Industry within the Metropolitan District of the City of New · York is a member of the Marble Industry Employers' Association 

of New York and Vicinity, the Executive Committee of the said 

Association shall appoint two 1nembers to the Regional Committee; 

in the event that the said Code Authority member elected by the 

members of the Industry within the :Metropolitan District of the 

City of New York is not a member of the said Association, then 

the Executive Committee of the said A sociation shall appoint three 

members to the Regional Committee; 

( d) The members of the Industry who are not members of the 

Marble Industry Employers' A sociation of New York and Vicinity 

shall, within ten days after the election and recognition of the 

Code Authority member elected by the members of the Industry 

within the Metropolitan District of the City of New York, elect 

two members to the Regional Committee; provided, however, that 

if the Code Authority member elected by the members of the In- dustry within the Metropolitan District of the City of New York 

is not a member of the said As ociation, that those me1nbers of the 

Industry who are not members of the said Association shall elect 

only one member to the Regional Commitee; 

( e) The Secretary of the 1\1:arble Industry Employers' Association 

of New York and Vicinity, in order to secure an orderly election 

(4) 
5 

o:f members to the Regional Committee by the members o:f the 

Industry who are not members of the said Association, shall notify 

every member of the Industry within the said Region of the time 

and place for this election and that voting shall be in person or 

by proxy; 

(f) The election and appointment of members to the Regional 

Committee shall be held and made within ten days after the approval 

of this amendment; and the members so elected and appointed shall 

hold office until the usual date of election stated in the following 

paragraph: 

(g) The usual date of election shall be within ten days after 

the election and recognition of the Code Authority member elected 

by the members of the Industry within the l\1etropolita.n District of 

the City of New York; 

(h) The method of election of said Regional Committee shall be 

aprroved by the Code Authority and the Administrator. 

(2) This Regional Committee shall have the following powers and 

duties and su 1 other powers and duties as may be delegated by the 

Code Authority and shall exercise such powers subject to review by 

the Code Authority, and disapproval of the Code Authority if found 

to be inconsistent with the power and authority granted the Code 

Authority by this Code or with the Act. In case any question of 

consistency or inconsistency arises the burden of proof rests with the 

Reo-ional Committee. 

(a) To effect the provisions of Section 2 of Article IV of the 

Code, to create the necessary agencies of employers to conduct negotiations between truly representative groups of employees and employers in said Region covering wages, hours of labor, and conditions of employment. 

(b) To appoint a Regional Commissioner who shall serve as its 

disinterested and impartial Agent within the Metropolitnn District 

of the City of New York in the performance of the duties delegated 

to the "Commissioner" unJer Sections 1 to 15 inclt1.sive of Subdivision " B ", of Article VI of this Code, and any additions or 

amendments thereto, and within said Region to act in the place and 

stead of the " Commissioner "; 

( c) To appoint a Regional Trade Practice Committee for the 

purpose of formulating fair trade practices to govern the members 

of the Industry within the Metropolitan District of the City of 

New York, to the end that such fair trade practices may be pro• 

posed to the Code Authority for transmission, with the recommendations of the Code Authority, to the Administrator for his 

approval; 

( d) To cause to be formulated additions and/or modifications to 

the general accounting system and method of cost finding and/ or 

estimating provided in Article VII for the Industry if such system 

and method is f ound to be inadequate for the operations peculiar 

to said Region. Said additions and/or modifications shall be submitted to the Code Authority for approval and transmission to the 

Administrator for approval. If approved by the Administrator, 

full information concerning such methods shall be made available 
6 

to all members of the Industry in said Region. Thereafter, each 

niember of the Industry in said Region shall utilize such methods 

to the extent found practicable. Nothing herein contained shall be 

construed to permit the Regional Committee, any agent thereof, or 

any member of the Industry in said Recion, to suggest uniform 

additions, percentages or differentials or other uniform items of cost 

w~ich are designed to bring about arbitrary uniformity of costs or 

pnces. 

( e) To submit to the Code Authority full and complete copies of 

all minutes and records and uch other information as the Code 

Authority or the Administrator may require; 

( 3) It being found necessary in order to support the administration of this Code within the Metropolitan District of the City of 

New York by this Regional Committee, and in order to obtain the 

standards of fair competition established in this Code and to effectuate the policy of the Act, the Regional Committee is authorized: 

(a) To incur such reasonable obligations as are necessary and 

proper for the foregoing purposes, and to meet such obligations out 

of fund which 1nay be raised as hereinafter provided and which 

shall be held in trust for the purposes mentioned above; 

(b) To submit to the Administrator for his approval, subject to 

such notice and opportunity to be heard as he may deem necessary 

{1) an itemized budget of its estimated expenses for the foregoing 

purposes, and (2) an equitable basis upon which the funds necessary 

to support such budget shall be contributed by members of the 

Industry in this Region; 

( c) After such budget and basis of contribution have been approved by the Administrator, to determine and obtain equitable 

contribut10n as above set forth by all members of the Industry in 

the Region, and to that end, if necessary, to institute legal proceedings therefor in its own name; 

( 4) Each member of the Industry within the Metropolitan District of the City of New York shall pay his or its equitable contribution to the expenses of the maintenance of the Regional Committee, determined as hereinabove provided, and subject to rules and 

regulations pertaining thereto issued by the Administrator. Only 

members of the Industry within said Region complying with the 

Code and contributing to the expenses of its administration as hereinabove provided, (unless duly exempted from making such contribution), shall be entitled to participate in the selection of members 

of the Regional Committee or to receive the benefits of any of its 

voluntary activities, or to make use of any emblem or insignia of 

the National Recovery Administration. But voluntary contribution 

prior to the approval of a budget and equitable basis of assessment 

for this Region shall not be considered a prerequisite to the right 

to vote for the members of the Regional Committee. 

(5) The Regional Committee shall neither incur nor pay any 

obligation substantially in excess of the amount thereof as estimated 

in its approved budget, and shall in no event exceed the total amount 

contained in the approved budget, except upon approval of the 

Administrator; and no subsequent budget shall contain any defi-
7 

dency item £or expenditures in excess 0£ prior budget timates 

except tho e which the Administrator shall have so approved. 

( 6) The equitable basis of contribution set out in Article V, Section 5 shall make due allowance in favor of m-embers of the Industry 

in this Region for the expen e of any Code Authority activities 

performe l for the Code Authority by this Regional Committee. 

Approved ode No. 421-Amendrnent No. 1. 

Regi try o. 1023-28. 

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