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656-B Registry No. 1032-3-02 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

PLASTERING INDUSTRY 

AS REVISED SEPTEMBER 5, 1933 FOR PUBLIC HEARING 

WE DO OUR PART 

The Code for the Plastering Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

UNITED_ STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

1 I 

f 

For sale by the SuoPr:n tenden t of Documents, Washington, D .C. - - - • • - • • P rice 5 cents 
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SUBMITTED BY 

CONTRACTING PLASTERERS' INTERNATIONAL ASSOCIATION 

(II) 
PROPOSED CODE OF FAIR COMPETITION FOR THE 

PLASTERING INDUSTRY 

PREAMBLE 

In order to effectuate the policies set forth in the National Industrial Recovery Act, the following provisions shall constitute the Code 

of Fair Competition for the Plastering Industry. 

ARTICLE I-DEFINITION 

SECTION 1. The term "Plastering Industry" means and includes 

the business of furnishing labor and material in the casting, fabricating, mixing, applying, and/or installing, altering, or repairing 

all plain or ornamental plastering, regardless of the nature of the 

material used or the structure to which it is applied, including the 

use of pigments and their incorporation in plastic material used in 

simulation of other material, including also all lathing and light iron 

furring used to receive such plain and ornamental plastering. 

SEc. 2. J..1ember of the Industry.-The term "member of the 

industry" means and includes any person, firm, association, or 

corporation who engages in the business of the industry as defined 

in Article I, Section 1, of this Code. 

SEc. 3. Person.-The term ''person" as used herein means and 

includes any natural person, partnership, association, corporation, 

trust, trustee in bankruptcy, receiver, or agency. 

SEc. 4. Contractor.-The term "Contractor" as used herein means 

and includes any person, firm, association, or corporation who engages 

in or contracts to engage in the business of the industry as defined in 

Article I, Section 1, of this Code. 

SEc. 5. Employee.-The term "Employee" means and includes 

any person employed in the business of the Industry as defined in 

Article I, Section 1, of this Code. 

SEc. 6. President.-The term ''President'' a.s used herein means the 

President of the United States or his duly authorized representative. 

ARTICLE II-INDUSTRY LISTING 

SECTION 1. The industry approves of a system of listing a.ll members 

of the Industry. Each member of the Industry shall be listed upon a 

form . . Such listing form shall be prepared and issued by theN ational 

Emergency Committee of the Industry hereinafter referred to. 

Each member of the Industry shall state upon such listing form (A) 

his name and permanent address; (B) that he is or is not insuring his 

employee under the provisions of the Workmen's Compensation laws 

of the state or states in which he is operating; (C) his agreement to 

furnish the Emergency National Committee information and reports 

as . et forth under Section 2A and Section 3 of Article 8 of this Code, 

as well as such other information and reports that may be required 

~714°-33 ( 1) 
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by the administrator of the National Industrial Recovery Act; (D) 

such reports shall be made at least quai·terly to the Emergency 

National Committee upon forms to such listed member of the Industry 

by the said Committee; (E) the pledge of the member to support the 

provisions of theN ational Industrial Recovery Act and the provisions 

of this Code; (F) it shall be the duty of all members of the Industry 

to make written application for such listing forms to the En1ergency 

National Committee within forty (40) days after the approval of this 

Code by the President. 

ARTICLE III-EMPLOYMENT PnoviSIONS 

SECTION 1. As required by Section 7 A of Title 1 of the National 

Recovery Act, the following provisions are conditions of this Code: 

(A) All employees in the Industry shall have the right to organize 

and bargain collectively through representatives 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 any other concerted activity for the purpose of collective 

bargaining, or other mutual ajd 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. 

(C) Employers shall comply with the 1naximum of labor, minimum 

rates of pay, and other conditions of employment approved or subscribed by the President. 

ARTICLE IV-WAGES AND HouRs 

SECTION 1. Maximum Hours.-Employers in the plastering industry shall not employ any employee-

(A) In excess of the maximum average of forty (40) horurs a week 

during a six-(6) month calendar period, or forty-eight (48) hours in 

any week in such period, or eight (8) hours in any one (1) day, excluding employees engaged in professional, executive, administrative, or 

supervisory work; those engaged in cases of emergency work requiring 

the protection of life or property and those in establishments employing not more than two (2) persons in towns of less than twenty-five 

hundred (2,500) population, which towns are not a part of a larger 

trade area. Population shall be determined by the 1930 Federal 

census. 

(B) En1ployers shall not employ accounting, clerical, or office employees in any place or manner for more than forty (40) hours in any 

week, excluding employees in managerial or executive capacities and 

those in establishments employing not more than two (2) in towns 

of less than twenty-five hundred (2,500) population, which towns are 

not a part of a larger trade area. Population shall be determined by 

the 1930 Federal census. (C) Nothing herein contttined shall be construed to apply to employees whose hours of labor are established for specific projects by 

competent governmental authority, acting in accordance with law 

or with hours of work established by contracts now in force. 
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(D) Area or local agreements for wages and hours-minimum rates 

of wages and maximum hours of labor may be established nationally 

or for a region or loeality by mutual agreements reached through 

bona fide colleetive bargaining between truly representative national, 

regional, or local groups of employers and employees. No sueh 

agreement shall be construed to supersede minimum wages or maximum hours established for specific projects by cqmpetent governmental authority acting in accordance with the law. 

SEc. 2. Glasses of Employees.-Labor employed in the Industry is 

classified under the divisions as stated in this Seetion, which includes 

all labor customarily employed in the Industry, and is as follows: 

Plasterers, lathers, plasterers' laborers, plasterers' apprentiees, lathers' 

apprentices, modelers, model makers, casters, unskilled shop labor,' 

office, and clerical employees. 

SEc. 3. Minimum Wages.-The minimum rate of wages to be paid 

by all employers in the Industry shall be (A) the wage called for in 

in the joint colleetive arbitration wage agreements between assoeia, .... tions of employers in the industry and labor organizations, and the' 

wage and working hour provision in such agreements are hereby made' 

a part of this Code n,nd shall during the time designated in such agree-· ments be the minimum wage and maximum hours for all loealities · called for therein, a,nd shall apply to work done thereunder as a basis' 

for fair competition. 

SEc. 4. In all other localities not speeifically called for under the 

collective joint arbitration wage agreements as called for under Para- 1 graph A herein, the rate of wages shall not be less than a minimum of--

Per Hour 

Plasterers ___ ____________________ ------- - ___ ---------_ $1. 00 

Lathers _______ ___ ______________________________ --~ -----'- 1. 00 

Plasterers' laborers __ ______________ ____________ -- -~ --__ _ . 70 

Modelers ______ __ ___ _________________________ -·-__________ 1. 50 

Model makers_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ ___ _ _ _ _ _ _ _ _____ __ ___ _ 1. 00 

Casters _____ ______________ .:_______________________________ . 75 

Shop laborers_______ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ __ _ __ _ . 40 

(A) Apprentices during their apprenticeship or learning period, and 

apprentices or learners shall be paid as follows: 

First year, 25 % of j-ourneyman's wages. 

Second year, 35% of journeyman's wages. 

Third year, 60% of journeyman's wages. 

Fourth year, 75% of journeyman's wages. 

All apprentices shall be subject to the maximum hours set for the· trade in which they are indentured. 

(B) The minimum rate of wages for accounting, clerical, and office 

employees shall not be less than Fifteen ($15.00) Dollars per week in' 

any city of over 500,000 population; Fourteen Dollars and FiftJi 

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

population; Fourteen ($14.00) Dollars per week in any city of be-4, tween 2,500 and 250,000 population; such wage scales to apply also 

in the immediate trade areas of such cities; and Twelve ($12.00) 

Dollars per week in towns of less than 2,500. Population shall be 

determined by the 1930 Federal census. 

SEc. 5. Minimum Wage.-N o person employing labor in the work 

of lathing and plastering shall pay any grade or class of labor so 

working a smaller amount per hour than the minimum amount per 
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hour establi~hed under this Code for such grade or class of labor in 

the zone or locality where such work is being done. 

SEc. 6. Arbitration.-To promote the continuity of employment 

uninterrupted by strikes .and lock-outs, the Industry endorses the 

principle of mediation and arbitration as occasion arises. 

SEc. 7. Age Limit.-The minimum age for labor in the Plastering 

Industry shall be the legal limit as provided by .the laws of the State 

in which the operation is located, but in no instance less than 16 years. 

ARTICLE V--Cos'T 

SECTION 1. Cost Accounting.-In all transactiDns of the Industry, 

eSJch member -of the Industry n1ust take into account :all of the -ele- ments that enter into the cost thereof, including the element Df ·overhead and profit. 

SEc. 2. Members' Cost.-N o one engaged in the Industry shall 

contract or sell any of its said products at a price or prices below the 

cost thereof to such member. Every member of the lnd:ustry 

employing annually an average of five (5) or more mechanics or 

laborers classified in Article IV, Section 2, of this Code must set up 

a cost accounting system. All others shall use the summary esti- _mating sh~ets called for under Section 4 of Article V of this Code. 

SEc. 3. Sale at Cost.-lt is hereby declared to be an unfair method ,of competition for any one in this Industry to contract or sen any of 

said products below its own CDst. 

SEc. 4. Summary Estimating Sheet.-The Indust:r:y recommends 

the use by all members of the Industry of uniform summary esti- mating sheets which shall set forth in detail all of the items called 

for in a given job_ Among .such items, cognizance shall be taken of 

overhead and p:r0fit, both of which elements shall be included in 

any estin1ate or bid made. 

SEc. 5. The said Emergency National Committee may amend the 

cost accounting system as set forth in Sections 1, 2, 3, and 4 of this 

Article by making such additions, changes, or alterations therein as 

the said Committee shall determine is necessary or advisa'ble for the 

Industry, upon the approval of any such amendment by the President 

in 1nanner as set forth in said Act, the same becoming a ·part of this 

Code and binding upon this Industry, and all reference in this Code 

to a cost accounting system shall .heTeafter apply to said 'Cost account- ing system .as amended. 

ARTICLE VI -------8TAN.DARDS OF wORK 

SECTION 1. This Code comprehends the Plastering Industry in its 

useful, necessary, and traditi.onal function by the inclusion of all i-ts 

component parts-lathing and plain and ornamental pla-steringall of which are integral and interdependent in any finished job and 

must be so considered to place responsibility f.or the finish-ed work. Therefore, to conserve health, comfort, sanitation, and safety of 

occupants of countless homes and other structures, the Contracting 

Plasterers' International Association reserves the right to recommend 

specifications establishing standards of work with the intention of 

coordinating the same with Government standards, which when 

approved by the President, shall become a part of this Code. 
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ARTICLE VII-TRADE PRACTICES 

SECTION 1. Injer·ior l1 ork.-The substitution of inferior materials, ' 

in1proper mix, or use of materials or any misrepresentation in conne.c-' 

tion with the sale or use of such products for the purpose or with the 

effect of misleading or deceiving purchasers with respect to the quan- tity, quality, or grade thereof is an unfair trade practice . 

SEc. la. Lumping Labor.-The "lumping" of labor by a contractor 

or other person to a journeyman so employed is an unfair trade 

practice. 

SEc. 2. False Representations.-False representations made either. 

directly or indirectly or by inference by a member of the industry 

that a competing member has quoted or is quoting different prices' 

for his products or terms and conditions of sale than those actually 

quoted by such competing member is an unfair trade practice. 

SEc. 3. Dejamation.-The defan"lation of a competitor by words or 

acts which untruthfully call in question his business integrity, his 

ability to perform his contracts, or his credit standing is an unfair 

trade practice. 

SEc. 4. Rebates.-The taking of rebates1 gifts, refunds, or otherwise cheating upon agreed wage scales under any form of subterfuge 

is an unfair practice. _ 

SEc. 5. ContTacts.-The Industry hereby records its approval0f the 

policy of adopting standard and equitable contract forms, with 

clearly written and commonly understood provisions fair to buyers 

and sellers. The said Emergency N atioo.a.l Committee may prepare 

standard forms of orders or contracts to be used by the members of 

the industry in selling their commodities or in taking contracts to do so. ' 

SEc. 6. Fair bidding practices.-N o one in the Plastering Industry 

shall be a party to the unfair competitive practices known throughout 

the construction industry as "Bid Peddling" or "Bid Chiseling"-

the i.11dustry reserving to itself, locally or nationally, the right to 

legally formulate such rules and regulations as will eliminate such or 

other unfair competitive bidding practices. 

The Plastering Industry records its approval of the principle of 

prequalification of all contractors engaged in the industry as a means 

of establishing ethics, responsibility, and fair treatment in competitive practices in the industry. 

SEc. 7. No restrictions.-The Contracting Plasterers' International 

Association has no inequitable restrictions on admission to member-' 

ship therein, and is truly representative of the said industry. The 

Code adopted by it is not designed to promote monopolies or to ' 

eliminate or oppress small enterprises, and will not operate to discriminate against them, and tends to effectuate the policy of the title 

of said Act. 

SEc. 8. Purpose.-This Code is adopted for the purpose of increasing employment, establishing fair and adequate wages, effecting necessary reduction of hours, improving standards of labor and the 

fundamentals of good work) to m.ake effective standards of fair competition for such industry for the protection of building ownership, competitors, employees, and others, and in furtherance of the public 

interest in any transaction in said industry. 

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AnTICLE VIII-REPRESENTATION 

SECTION 1. To effectuate the purposes of this Code and of the 

National Industrial Recovery Act and to provide for administration 

and coordination within the Plastering Industry, there is established 

an "Emergency National Committee" to be composed of twelve (12) 

members; ten (10) of such members shall be the selection of the local 

affiliated associations of the Contracting Plasterers' International 

Association, and two (2) of such members shall be selected by the 

Executive Committee of such Association on a fair basis from nonmembers of such Association. The Administrator n1ay, if he seen fit, 

from time to time designate a nonvoting representative to serve upon 

this Committee. 

SEc. 2. Powers.-The Emergency National Committee shall be the 

general planning and coordinating agency for the industry. Its 

members shall be empowered to act for the industry conclusively in 

respect to all matters before the Committee for consideration and 

within its jurisdiction. The Committee shall have the powers and 

duties specifically provided herein, and in addition thereto it may 

exercise any of the following powers: 

(a) From time to time require such reports from those in the industry as in its judgment may be necessary to advise it adequately of the 

administration and enforcement of the provisions of this Code. 

(b) Upon complaint of interested parties or upon its own initiative 

make such inquiry and investigation into the operation of the Code as 

may be necessary. 

(c) Make rules and regulations necessary for the administration 

and enforcement of this Co-de. 

(d) Hold a trade-prn,ctice conference to establish rules of fair trade 

practice for the Industry not already specifically established in this 

Code. 

SEc. 3. Statistics.-The Committee shall gather from the 1nembers 

of the industry data necessary for the administration of the National 

Industrial Recovery Act, which data may include: 

(a) Number of persons employed. 

(b) Wage rates, earnings, and hours worked. 

(c) Price, costs, and 

(d) Other items at the option of the Industry. 

SEc. 4. Delegation of power.-The Committee may delegate any of 

its authority to the National Code Authority Committee, hereinafter 

provided, and may designate such agents as it shall determine. 

ARTICLE IX-NATIONAL ConE AuTHORITY CoMMITTEE 

SECTION 1. Appointment.-The Emergency National Committee 

of this Industry shall appoint from its own membership a National 

Cod~ Authority Committee of three members. The N ationd Code 

Authority Committee sha;ll exercise such authority as may have been 

delegated to it by the said Emergency National Committee. 

SEc. 2. Communications and coriferences.-All communications and 

conferences of this Industry with the President or with his agents 

concerning the approval or amendment of this Code, or any of its 

provisions or any matters relating thereto shall be through the said 

National Code Authority Committee. TheN ational Code Authority 

Committee shall serve as an executive agency for the Emergency 

National Committee of this industry, and sh.:tll b.~ ch-;,rg;ed Y:-ith the 
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enforcement of the prov~swns of this Code and with the duties, 

through agents or otherwise, of hearing and adjusting complaints, 

considering proposals for amendments and 1naking recommendations 

thereon., approving recmnmendations for exceptions to the provisions 

of this Code and otherwise admini tering its provisions. 

SEc. 3. Appeal.-Any member of the Industry shall have the right 

to appeal to the Emergeney National Committee fron1 the decisions 

of the National Code Authority Committee, and the decisions of the 

said Emergency National Committee 1nay be appealed to theN ational 

Administrative Com1nittee of the Construction League of the United 

States. 

SEc. 4. Function.-The function of this Comnlittee shall be the 

general planning and coordination for this Industry, and cooperation 

with sin1ilar boards of other industries, to the end of effecting a balanced 

national economy. 

SEc. 5. Cost of Administering the Code.-All employers and persons 

as defined in this Code shall bear their equitable share of the expenses 

incident to the administration of this Code of fair competition for 

the Plastering Industry under such rules and regulations as may be 

approved by the President under Section lOA of Title 1 of theN ational 

Industrial Recovery Act. 

ARTICLE X-GENERAL 

SECTION 1. Interpretation.-N o provision of this Code shall be 

interpreted or applied in such a manner as to promote monopolies; 

permit or encourage unfair con1petition; eliminate or oppress small 

enterprises; or discriminate against small enterprises. 

SEc. 2. Cancelation or Modijication.-This Code or any of its 

provisions may be canceled or modified, and any approved rule 

issued thereunder shall be ineffective to the extent necessary to 

conform to any action by the President under Section 10 of the 

National Industrial Recovery Act. 

SEc. 3. Recommendations.-The Emergency National Committee 

of this Industry and the National Code Authority Committee shall, 

from time to time, make the 1nembers of the industry such recommendations, including amendments of this Code, as in their judgment will 

aid the effective administration of this Code or may be necessary to eff~ctuate within this Industry the purpose of theN ational Industrial 

Recovery Act as administered. 

SEc. 4. Amendments.-Amendn1ents to this Code may be proposed 

by any three local member associations of the industry to the Emergency National Committee or may be initiated by the Committee, and 

when approved by the President shall become a part of this Code, and 

effective as such. 

SEc. 5. Violation.-Violation by any member of this Industry of 

any of the provisions of this Code, or any rule i sued thereunder, or 

any approved amendment thereof, is an unfair method of competition. 

SEc. 6. Approval.-This Code shall be in effect beginning the second Monday after its approval by the President. Dated at __________ __________ , 1933. 

NATIONAL CoDE AuTHORITY CoMMITTEE. 

Approved------ ---- --- ------ -· (For the President). 

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