. 

I 

Approved Code No. 133 Registry No. 1011-1-02 

NATIONAL RECOVERY ADMINISTRATION 

u 

CODE OF FAIR COMPETITION 

FOR THE 

CONCRETE MASONRY 

INDUSTRY 

AS APPROVED ON NOVEMBER 27, 1933 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PART 

1. Executive Order 

2. Letter of Transmittal 

3. Code 

UNITED ST ATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Pri ce 5 cents 
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 North Wells Street. 

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, Mich.: 2213 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 A venue. 

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.: 933 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 Building. 

r 
Approved Code No. 133 

CODE OF FAIR COMPETITION 

FOR THE 

CONCRETE MASONRY INDUSTRY 

As Approved on November 27, 1933 

BY 

PRESIDENT ROOSEVELT 

Executive Order 

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 Concrete Masonry Industry, and hearings having been held thereon al).d 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, pu~suant 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. 

Approval Recommended: 

HUGH s. JOHNSON' 

Administrator. 

THE WHITE HousE, 

November 27, 1933. 

FRANKLIN D. ROOSEVELT. 

(407) 

23782°-244-101-33 
NOVEMBER 13, 1933. 

THE PRESIDENT, 

The White House. 

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

Concrete Masonry Industry in the United States, a public hearing on 

which was conducted in Washington on October 5, 1933, in accordance with the provisions of the National Industrial Recovery Act. 

PROVISIONS OF THIS CODE AS TO WAGES AND HOURS 

This code provides for a maximum work week of forty hours, except that during fifteen weeks of the year, forty-eight hours per 

week may be worked, although the maximum daily limit permissible 

in any event is eight hours. _ Managerial or administrative employees earning more than $35.00 

per week are not subject to these hourly limitations. Further excep- tions are provided for employees engaged in emergency work, who 

may work forty-eight hours per week averaged over any fifteen-week 

period; watchmen, who may work sixty-four hours per week; and 

shipping clerks, who may work fifty-two hours per week. Not more 

than six days may be worked in any seven-day period. 

This code provides a minimum hourly rate of forty cents per hour, 

except that in specified Southern States a minimum rate of thirty 

cents per hour is provided, whether the compensation is based on a 

time rate, piecework, or other basis. Accounting, clerical, office, 

service or sales employees are to be paid at not less than $15.00 per 

week. Managerial or administrative employees may be paid not less 

than $35.00 per week. · 

For all time worked in excess of eight hours per day or forty hours 

per week, employees are to be paid at one and one third the regular 

hourly rate. Provision is made for maintaining existing wage differentials. No person under eighteen years of age may be employed 

in the Industry. Maximum continuity of employment is to be provided insofar as practicable. 

ECONOMIC EFFECTS OF THE CODE 

As indicated by data furnished by the Industry, the production 

and sale of concrete masonry units increased rapidly from 1921 to 

1928, at which time there were about 5,000 plants in the business, representing invested capital of one hundred million dollars, employing 

50,000 plant workers and producing 387 million units per year. Being 

largely dependent on the erection of new buildings, and on industrial 

and public works developments, this Industry experienced a serious 

decline following the year 1928. In 1932 the number of establishments had decreased 30%, employees 84%, capital invested 25%, and 

production 85%, 

(408) 
409 

From all available information, the average hourly wage in 1929 

was about fifty-five cents per hour, while in 1932 the average was 

thirty-nine cents per hour, rel?resenting a decrea e in the average 

hourly r ates of about 30%. Since the labor provisions of this code 

establish a minimum rate of forty cents per hour in the orth and 

thirty cents per hour in the South, it is evident that the average 

hourly wage will be materially raised as soon as the code becomes 

effective. It is further evident that the provisions in the code with respect 

to maximum hours and conditions of employment, conformity to 

fair trade practices, and conditions of sale, will serve to stabilize 

the Industry and reflect benefits to the Industry and employees alike. 

FINDINGS 

The Administrator finds 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 

Concrete Masonry Industry; and that 

( c) The Code as recommended is not designed to promote monopolies or to eliminate or oppress small enterprises and will not operate 

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 approved. 

Respectfully, 

HUGHS. JOHNSON, 

Administrator. 
CODE OF FAIR COMPETITION 

FOR THE 

CONCRETE MASONRY INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

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

Fair Competition for the Concrete Masonry Industry, and upon 

approval by the President shall be the standard of fair competition 

for such industry and shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. lndustry.-The term ."Industry" as used herein 1ncludes the manufacture, and sale by those who manufacture, of 

block, brick, or tile building units made of Portland Cement Concrete, primarily for structural use. 

SEc. 2. Employee.-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 his 

compensation. 

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

any individual, partnership, association, corporation, or other person 

or enterprise by whom any such employee is compensated or 

employed. 

SEc. 4. Member of the lndustry.-The term "member of the industry " as used herein includes any one engaged in the industry as 

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

SEc. 5. President, Act and .Ad1ninistrator.-The terms "President ", "Act", and "Administrator" as used herein shall mean 

respectively the President of the United States, the National Industrial Recovery Act, and the Administrator of Title I of said Act. 

ARTICLE III-Houns 

SECTION 1. Hours of Labor.-N o employee shall be permitted to 

work more than 40 hours per week. Due to the seasonal nature of 

this Industry an employee may be permitted to work 48 hours per 

week but not more than 8 hours per day for a period of not to exceed 

15 weeks during any one calendar year. 

SEc. 2. Exceptions.-The maximum hours prescribed in Section 1 

of this Article shall not apply to the following: 

(a) Managerial or administrative employees earning more than 

$35.00 per week. 

(b) Employees engaged in emergency work occasioned by breakdowns in production machinery or 1n work requiring the protection 

of life or property, provided no such employee shall be permitted to 

(410) 
411 

work in excess of forty-eight ( 48) hours per week averaged over any 

fifteen ( 15) weeks' period. 

( c) Watchmen, provided no such employees shall be permitted 

to work in excess of sixty-four (64) hours in any one week. 

( d) Shipping clerks, provided no such employees shall be permitted to work in excess of fifty-two (52) hours in any one week. 

SEc. 3. Employers.-Employers who personally perform manual 

work or are engaged in mechanical operations shall be subject to 

the same maximum hours provided in this section as to employees. 

SEC. 4. Dual Employment.-No employer shall engage any employee for any time, which when totaled with that already performed 

with another employer, or employers, exceeds the maximum permitted herein. 

SEc. 5. Agreements.-N othing herein shall be construed to apply 

to employees whose hours . of labor, wages or working conditions 

are established for specific projects by competent governmental 

authority acting in accordance with law or with hours of work, 

wages, or terms of employment which are established by labor agreements or understandings now in force, where such hours are less or 

wages are more or both than those set forth hereinabove. 

SEC. 6. Day of Rest.-N o employee shall be permitted to work 

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

ARTICLE IV-WAGES 

SECTION 1. Rates of pay.-(a) No factory or mechanical worker 

or artisan shall be paid at less than the rate of forty (40) cents 

per hou;:, except that in region number 4 as defined in Article VI 

of this l.iode, the minimum shall be thirty (30) cents per hour. 

(b) No accounting, clerical, office, service, or sales employee, or 

any other employee not included in subsection (a) or ( c) of this 

section shall be paid at less than the rate of $15 per week. 

(c) No managerial or administrative employee shall be paid at 

less than the rate of $35.00 per week. 

SEc. 2. Overtime, Piece Work, etc.-(a) Any employee working 

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

in excess of 40 hours in any 7-day period shall be paid not less than 

one and one third (11/2) times his regular hourly rate, for all such 

excess time. 

(b) This Article establishes a minimum rate of pay for the actual 

time worked regardless of whether an employee is compensated on a 

time-rate, piecework, or other basis. 

( c) The amounts by which hourly wages in the higher paid 

classes of employees exceeded hourly wages in the lower paid classes 

of employees on June 16, 1933, shall be maintained. 

( d) All hourly wages shall be paid at least twice a month and all 

salaries at least once a month, in lawful currency or by negotiable 

check therefor payable on demand. 

ARTICLE V--LABOR PROVISIONS 

SECTION 1. Child Labo1'.-N o per on under eighteen (18) years of 

age shall be employed in the indu try. In any State an employer 
412 

shall be deemed to have complied with this 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, 

showing that the employee is of the required age. SEc. 2. Statutory Provisions.-(a) Employees shall have the right 

to organize and bargain collectively through representatives of their 

own choosing, and shall be free from the interference, restraint, or 

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

such representatives or in . self-organization or in other concerted 

activities for the purpose of collective bargaining or other mutual aid 

or protection; 

(b) No employee and no one seeking employment shall be required 

as a condition of employment to join any company union or to refrain 

from joining, organizing, or assisting a labor organization of his 

own choosing; and . ( 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. 

SEC. 3. State Laws.-Within each State no provision of this Code 

shall supersede any law of such State which imposes more stringent 

requirements on employers regulating the age of employees, wages, 

hours of work, or safety, health, sanitary, or general working conditions, or insurance, or fire protection than are imposed by this Code. 

SEc. 4. R eclassification.-Employers shall not reclassify employees 

or duties of oc<.: upations performed by employees so as to defeat the 

purposes of the Act or of this Code. 

SEc. 5. Accident Prevention.-Each employer shall provide for the 

welfare and safety of his employees. He shall not be relieved from 

complying with all national, state, and local ordinances and provisions of safety measures referring to safety and health measures and 

the welfare of employees insofar as the same may apply to his 

special type of work and from protecting his employees by workmens' 

com pens a ti on insurance. 

SEc. 6. Publicity.-Each employer shall post in conspicuous places 

at each job and at offices the provisions relatin~ to labor conditions, 

minim um wages, and maximum hours under this Code. 

SEc. 7. Continuity of Labor.-An employer shall so administer 

work in his charge as to provide the maximum practicable continuity 

of employment for his work force. 

ARTICLE VI-ADMINISTRATION 

SECTION 1. Regions.-To facilitate administration, the industry 

shall be divided into five regions, as follows: 

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

Connecticut, Rhode Island. 

(2) Pennsylvania, l\1aryland, New Jersey, Delaware, District of 

Columbia, West Virginia. 

(3) Indiana, Michigan, Wisconsin, Kansas, Illinois, Minnesota, 

Iowa, Ohio, Missouri, North Dakota South Dakota, Nebraska. 

( 4) Texas, Oklahoma, Arkansas, Louisiana, Kentucky, Tennessee, 

Mississippi, Virginia, North Carolina, South Carolina, Georgia, 

Alabama, Florida. 
413 

(5) Arizona, California, Co.Iorado, I daho, Montana, Nevada, 

Wyoming, .r ew Mexico, Oregon, Utah, Wa hington. 

SEC. 2. Ood Authority.-The Cod Authority as hereinafter 

defined and con tituted may divide each region into regional subdivi ions hereinafter termed subregion to furth r facilitate the 

administration of thi ode. 

SEc. 3. Administration.-Further to facilitate acbnini tration, the 

industry may be di ided into sections according to productive 

capacity as follows: 

(a) Plants with a productive capacity of less than 250,000 units 

annually. 

(b) Plants with a productive capacity of more than 250,000 units 

annually but less than 500,000 units annually. 

( c) Plants with a productive capacity of more than 500,000 units 

annually. 

Productive capacity is defined to be actual production of equivalent 

of 8 x 8 x 16-inch units. 

For the purposes of the first election of the Code Authority, as 

hereinafter provided for, the determining productive capacity shall 

be the productive capacity in the year 1929, and the members of this 

Code Authority so elected shall serve for the duration of the Act. 

For the purpose of subsequent annual elections, in the event that the 

duration of the Act is extended by Congress beyond its present 

expiration date, the productive capacity shall be the productive 

capacity for the year immediately preceding the election. If a 

plant was not in operation for the full year of 1929, its determining 

productive capacity shall be its first full year of operation. 

SEc. 4. Oode Authority.-A Code Authority is hereby designated 

to cooperate with the Administrator as a pl1anning and fair practice 

agency for the industry. Each trade association representing a 

group ( as defined in Section 6 of this article) shall so modify its 

constitution and by-laws as to provide for the election of a Board 

of Directors of eight members, one member to be selected from each 

group, in accordance with the regional and productive capacity 

schedules of Sections 1 and 3 of this article, or by some other :fair 

method of election approved by the Admini trator. 

The Code Authority shall be composed of eight members. These 

members shall be designated by the respective boards of directors 

above mentioned from among the membership o:f such re pective 

boards. The proportion of representation by each trade association 

on the Code Authority shall be based upon the relative production 

of the membership of these a sociations. 

In addition to said representatives of the industry, three or l

1

ess 

members may be appointed to said Code Authority by the Administrator, and shall serve for term of six (6) months to one (1) year 

as designated in the order of appointment. The repre entatives so 

appointed by the Administrator shall be without vote, shall erve 

with.out expen e to the industry, and shall be ~given notice of and may 

sit at all meetings of the Code Authority. Sin1ilar notice hall also 

be given to the Admini trator. 

SEc. 5. R egional and ub1,egional Oomrnittees.- Iembers of the 

industry in each region may establish regional committees by means 
414 

of some fair system of election, subject to the approval of the Code 

Authority and the Administrator. 

If the Code Authority in pursuance of Section 2 of this Article 

shall divide any region into subregions, each such subregion may 

establish a subregional committee by means of some fair system 

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

Administrator. 

SEc. 6. Group Committees.-Whenever members of the industry 

representing two thirds of the production of concrete masonry units 

in which the aggregate is composed chiefly of one material shall 

petition the Code Authority to constitute the members of the industry using such aggregate a division of the industry (such division 

being based upon common interests and common problems), the 

Code Authority, subject to the approval of the Administrator, shall 

designate such members a division of the industry and thereupon the 

gr~mp so design~ted shall elect a ~roup C?mmittee from its membership by some f~ur method of elect10n, subJect to the approval of the 

Code Authority and the Administrator. 

SEc. 7. Divisions.-If, prior to the signing of this Code by the 

President, members of the industry shall have submitted proof to the 

Administrator that they represent two thirds of the production of 

industry products in which the aggregate is composed chiefly of one 

material, and shall petition the Administrator to constitute the members of the industry using such aggregate a division of the industry, 

the Administrator shall designate such members a division of the 

industry, with all of the functions of a group as outlined in this ' 

Article. Under this section the Cinder Unit Group is hereby 

constituted a division of the industry. 

SEo. 8. Duties of Associations.-Each trade or industrial association directly or indirectly participating in the selection or activities 

of the Code Authority or of any regional or sqbregional administrative committee shall: 

(1) Impose no inequitable restriction on membership, and (2) 

submit to the Administrator true copies of its articles of association, 

bylaws, regulations, and any amendments when made t1"ereto, together with such other information as to membership, organization, 

and activities, as the Administrator may deem necessary to effectuate 

the purposes of the Act. 

SEc. 9. Code Authority Representative.-ln 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. 

SEc. 10. Powers and Duties of Code Authority and Committees.-

In addition to the powers herein specifically conferred, the Code 

Authority shall have the following powers and duties to the extent 

permitted by the Act, subject to the right of the Administrator on 

review to disapprove or modify any action taken by any agencies 

pursuant to this Code. 
415 · 

(a) Duties of Gode Authority.-The Cod Authority shall be the 

general plannin~, coordinating, an 1 admini tering agency for the 

industry. The vode Authority may present to the Administrator 

recommendations based upon condition in the indu. try as they may 

develop from time to time, which r commendations will tend to effectuate the operation of this Code and the policies of the Act. Such 

recommendations, upon approval by the Pre i lent, shall become operative as a part of this Code. The Code Authority shall cooperate 

with the Administrator in making inYe tigations as to the functioning and observance of any provi ion of this ,ode and hall report 

the re ults of such investio·ations to the Admini trator. The Code 

Authority shall draft a safety and health manual for the indu try. 

The Code Authority may u e 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 dutie or re ponsibilities under this Code and that 

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

and comply with the provisions hereof. 

(b) Duties of Gommittees-(1) R egional and Subr .gional Gommittees.- The duties of such committees shall be to administer the 

provisions of this Code within the regions or parts thereof. Provided, however, that their actions shall be subject to approval of the 

Code Authority and to review by the Administrator. 

(2) Group Gommittees.- The duties of such committees shall be 

to administer the provisions of this Code within their respective 

groups irrespective of the regional or subregional committees. Provided, however, that their action shall be subj ect to the approval of 

the Code Authority and to review by the Administrator. 

(3) Where conflicts arise between decisions of group committees 

and regional or subregional committees such conflicts shall be settled 

by the Code Authority, subject to review by the Admini trator. 

SEC. 11. Voting- (a) Gode Authority.-Each member of the Code 

Authority may vote in meeting assembled or by letter ballot. If a 

meeting is called notice shall be sent out not less than ten (10) days 

before the date of meeting. A majority of the voting members of 

the Code Authority shall constitute a quorum at any assembled 

meeting. Each member of the Code Authority, excepting members 

appointed by the Administrator, shall be entitled to one vote. A 

majority of the votes cast shall constitute a sanctionin~ vote. 

(b) By Gommittees.-Rules governing the voting by the Code 

Authority shall govern the voting by committees, except that five 

( 5) days' notice shall be adequate for a meeting of subregional 

committees. 

( c) By members of the lndusfry.-On national qu tion voting by 

memb rs of the in lu try shall be by letter ballot. A anctioninovote . hall be a majority of the votes cast. 

(d) Within R gions 01· Groitps.-A meeting of memb rs of the 

industry within a re_o·ion or group may be call cl at the in tance of 

the Code Authority or at the in tance of member of th indu tr 

representing 25 percent of th plants, or at the in tune of member 

of the jndu try r pre nting 25 percent of the pro luction within 

the region or group re pectively. Each m mb r of the industry 
416 

within a region or group shall have one vote and a sanctioning vote 

shall be a majority of those voting. Such sanctioning vote shall 

bind the regional committee of such region, or the group committee 

of such group, except that the action authorized or required by such 

vote shall be subject to the approval of the Code Authority and the 

Administrator; and except further, that any action taken on which 

there is a disagreement by members of the industry ( whether or not 

they have participated in the voting), representing either 25 percent 

of the number of producers, or 25 percent of the production within 

such region or group shall be reviewed by the Code Authority. 

(e) Within Subregions.-A meeting of members of the industry 

within any subregion of any region may be called by the Code 

Authority or by members of the industry representing either 25 

percent of the producers, or 25 percent of the production, within such 

subregion. The regulations governing the voting by regions shall 

apply to voting within a subregion of any region, except that disagreements shall be reviewed by the regional committee subject to 

the right of any party to secure a further review by the Code 

Authority. 

( f) Notices of M eetvng.-Whenever a meeting is called for a 

region, group, or subregion, reasonable notice of said meeting shall 

be given to all members of the industry within that region, group, 

or subregion at least seven days (7) prior to the date of such 

meeting. 

SEc. 12. Arbitration.-Complaints betwe€n groups within the industry or controversies involving labor, consuming interests, or 

parties outside of the industry shall, by and with the consent of both 

parties concerned, be submitted to the Code Authority. Or at the 

instance of any such consenting party, such complaints may be 

referred to an arbitration board composed of equal representation of 

each of the parties involved in the complaint or controversy with a 

neutral arbitrator selected by the appointed members of such 

arbitration board. 

SEc. 13. Statistics.-In order that the President may be informed 

as to the extent of the observance of the provisions of this Act and 

of the extent to which the declared policy of the Act is being effectuated in the industry as herein defined, the Code Authority shall 

make such reports as the Administrator may require. Each member of the industry shall make such sworn reports to the Code 

Authority as to wages, hours of labor, number of employees, production, ·stocks on hand, sales, and such other matters as the Code 

Authority, subject to review by the Administrator, may require £or 

the administration of this Code. 

In addition to the 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 purposes recited in Section 3 (a) of the Act. 

SEc. 14. Assessment.-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 complying with the requirements of this Code 

and sustaining their reasonable share of the expenses of its administration. The reasonable share of the expenses of administration 
417 

shall be determined by the Code Authority, subject to review by the 

Admini trator on the basis of volume of busine s and/or , uch other 

factor a may be deemed equitable to be taken into consideration. 

Such reasonable share of the expense incidental to admini t ring 

this Code hall be paid to such per on or agency as the Code Authority shall designate. 

SEc. 15. Liability.-N othing contained in this Code shall constitute the members of the Code Authority partners for any purpose. 

Nor hall any member of the Code Authority 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 the Code 

Authority be liable to anyone for any action or omission to a,ct under 

the Code, except for his own willful mi feasance or nonfeasance. 

SEc. 16. Handling of Violations.-The Code Authority shall have 

the power to receive complaints of violations of this code, make 

investigations thereof, provide hearings thereon and adjust such 

complaints, and bring to the attention of the Administrator for 

prosecution recommendations and information relative to unadjusted 

violations. 

ARTICLE VII-TRADE PRACTICES 

SECTION 1. Unfair M ethods.-The following practices constitute 

unfair methods of competition for members of the industry and are 

prohibited. 

(a) Secret R ebates.-To make a secret prepayment of transportation charges or permit the payment or allowance of secret rebates, 

refunds, credits, or unearned discounts, whether in the form of 

money or otherwise, or to give secret premiums for the purpose of 

influencing a sale, or secretly extend to certain purcha ers special 

services or privileges not extended to all purchasers of indu try 

products under like terms and conditions. 

(b) Interf erence in Existing Contracts (Breach) .-To willfully 

interfere by any means or device whatsoever, in any existing contract or order between a seller and a purchaser in or concerning the 

production, manufacture, transportation, purchase, or sale of any 

indu try product, or the performance of any contractual 1ut. or 

service connected therewith, destroying or appropriating in "hole or 

in part the patronage, property, or busine s of another m-ember of 

the indu try. 

(c) Defamation of competitor.-To define a competitor by 

words or act , fal ely imputing to him lishonorable conduct, inability to perform contra ts, or questionable credit tanding, or by the 

fal e li paragement of the grade or qu lity of his products. 

( d) Price Misrepres ntation.-To repre ent clelibBratcly, either 

directly or by inference, that a ompetitor is quoting lower prices 

than those actually quoted by uch mpetitor, without fir t establi hing the accuracy of uch repre entation. 

(e) Oonfor1nity with pecifications.-To sell or off r for ale any 

product f th inclu try with int nt to 1 cei e cu t mers or 

prospective en ·tom r as to th quality quantit ', ize, grade, or 

sub tan e of such produ t. All pro luct hall me t th . pecifi ation of the American oncrete Insti ute or merican Society for 

Testing :Materials for concrete ma onry unit . 
418 

(£) Delivery of Grade Superior to that Ordered.-To sell an inferior quality of industry product at a fair price, with the understanding that a superior quality selling at a higher price will be 

delivered. 

(g) Shipping A cco1·ding to Samples.-To ship or deliver any industry product which does not reasonably conform to the standard 

or specification of sample submitted as representative of the Material to be shipped, or to representations made prior to securing an 

order therefor, unle ·s the consent of the purchaser to such substitution is obtained prior to shipment. 

(h) Misbran ding.-To mark, brand, or advertise products of the 

industry for the purpose or with the effect of misleading or deceiving purchasers with respect to the quality, quantity, size, grade, or 

substance of the materials purchased. 

(i) Paynient of Oomrnission.-To pay or promise to pay, to an 

employee of a customer or prospective customer without the knowledge of his principal, a commission or consideration of any character 

for the purpose of inducing, or compensating for a sale. 

(j) Oomrnercial Briber1.J.-To secretly or otherwise offer or give 

commissions, prizes, premiums, gifts, excessive entertainment, or 

other benefits as an act of commercial bribery to any person connected directly or indirectly with the purchase, selection, or use of 

industry products, as an inducement thereto. 

(k) Oonsignment of Shipments.-To ship any industry product to 

an agent on consignment, at an indeterminate price. 

(1) Lump-Sum Bidding.-To sell any industry product, except 

on a unit price basis. 

(m) Oontingent S elling.-To enter into any contract for furnishing any industry products contingent upon the sale or purchase of 

any other thing, the performance of any other service or any other 

contingency not appearing in the contract or complying with this 

Code. 

SEc. 2. S elling B elow Oost.-No member of the industry shall 

sell any commodities at a price below his own individual cost. However, any member may meet the price competition of any other member of the industry provided that notice of this :fact is immediately 

sent to the Code Authority, and provided, :further, that any such 

sales below cost may be continued only until notice is received from 

the Code Authority that such sales are no longer necessary to meet 

competition. Cost shall be determined in accordance with the principles enumerated in a standard cost system which shall be formulated by the Code Authority with the approval of the Administrator. 

SEc. 3. Published Prices.-Each member of the industry shall 

publish and distribute to the trade his price lists for sales to consumers and/ or middlemen for various types, kinds, and grades of 

products of the Industry, which shall include credit terms, trade 

and cash liscounts, schedules of :freight and cartage charges; copies 

of whi~h shall at the same time be submitted to the Code Authority. 

The Code Authority shall immediately send copies thereof to 

interested members of the industry. Any revision of such price lists 

or other uch 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 
419 

filed at least five clays in advance 0£ the effective late. Failure to 

adhere to su h published pric li ts, di counts, terms, or other condition 0£ sale, shall constitute an un£air method 0£ competition. 

SEC. 4. Contracts ancl Quotations.-All quotations and contracts, 

except petty sales to individuals or small sales £or local consumption 

not exceeding 100 units, for the ale 0£ products 0£ the industry, shall 

be made or confirmed in writing and shall contain a definite statement 0£ price, quantity, terms 0£ payments, time and place of delivery, and all other items necessary to form a complete understanding. 

SEC. 5. Credit Practices.-In any region, group, or subregion, the 

regional, group, or subregional committee may, subject to the approval of Code Authority, and with the approval of the Administrator, establi h credit practices uniform within its respective region, 

group, or subregion, which shall be binding upon the members of the 

industry selling in that region, group, or subregion. 

ARTICLE VIII-MODIFICATIONS 

SECTION 1. C ancell ation.-This Code and all the prov1s10ns 

thereof are expressly made subject to the right of the President, in 

accordance with the provisions of subsection (b) of Section 10 of 

the Act, from time to time to cancel or modify any order, approval, 

license, rule, or regulations issued under Title I of said 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. 

SEc. 2. Amendments.-This Code, except as to provisions required 

by the Act, may be modified on the basis of experience or changes 

jn circum. tance , such modification to be bas d upon application to 

the Admini trator and uch notice and hearing as he shall specify, 

and to become eff ecti vc on u pproval of the President. 

ARTICLE IX-MONOPOLIES 

No provi ion o.f this Code shall be so applied as to permit monopolies or monopolistic practice , or to eliminate, oppress, or discriminate against ·mall enterpri es. 

ARTI LE X-PRICE IN CREASES 

"\Vhcreas the policy 0£ the Act to increase real purchasing power 

will be made impo ible of consummation if prices of goods and 

service inrrea e as rapidly as wag s, it is recognized that price increa e except uch a may· be required to meet individual co t should 

be d layed. But such increa es should, so far as possible, be limited 

to actual additional increases in the seller's costs. 

ARTICLE XI-EFFECTIVE DATE 

Thi Code hall be ome effective on the second Monday after its 

approval by th Pre id nt. 

Approv d ode o. 133. 

Regi try o. 1011-1-02. 

0 
UNIVERSITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIIIII II llll llll llll 111111111111111 

3 1262 08486 8321