Approved Code No. 244-Supplement No. 7 Registry No. 1015-02 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

MASON CONTRACTORS 

INDUSTRY 

(A Division of the Construction Industry) 

AS APPROVED ON APRIL 19, 1934 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PART 

UNITED STA TES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

I I/ I { 

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Approved Code No. 244-Supplement No. 7 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

MASON CONTRACTORS INDUSTRY 

As Approved on April 19, 1934 

BY 

PRESIDENT ROOSEVELT 

EXECUTIVE ORDER 

S u PPLEMENTARY CoDE OF FAIR COMPETITION F OR THE MASON CoNTRACTORS INDUSTRY 

A DIVISION OF THE CONSTRUCTION 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, and pursuant to and in full 

compliance with the provisions of Section 5 of Article VIII of Chapter I of the Code of Fair Competition for the Construction Industry 

approved January 31, 1934, for approval of the l\1ason Contractors 

Chapter of said Code, and hearings having been held thereon, and 

the Administrator having rendered his report containing an analysis 

of said Mason Contractors Chapter and of said Code of Fair Competition as supplemented by the addition thereto of said Mason Contractors Chapter, together with his recommendations and findings 

with respect thereto, and the Administrator having found that the 

said Mason Contractors Chapter and the said Code of Fair Competition, as supplemented by the addition thereto of said Mason Contractors Chapter, comply 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 adopt and approve the report, recommendations and . findings of the Administrator and do order that the said Mason Contractors Chapter be and it is hereby approved, and that the previous 

approval of said Code of Fair Competition for the Construction 

Industry is hereby modified to include an approval of said Code in 

its entirety as supplemented by the ad lition thereto of said 1\.1a on 

Contractors Chapter. 

Approval recommended: 

H UOII S. J OHNSON' 

AdministTator. 

THE "\V HITE HousE, 

Ap1·il 19, 1934. 

FRANKLIN D. ROOSEVELT. 

63973°--482-116-34 (1) 
LETTER OF TRANSMITTAL 

The PRESIDENT, 

The White H out1e. 

Srn : This is a report of Chapter VIII, the Mason Contractors 

Chapter of the Code of Fair Competition for the Construction Industry, which was approved by you on January 31, 1934, and which is 

described as Chapter I. 

This Chapter is a revision after a public hearing conducted in 

Washington on December 7, 1933. Additional previous testimony 

may be found in the Transcript of Hearing on the Construction 

Industry Code which was held in Washington on November 20, 

1933, in Volume III, pages 219 to 223, inclusive. These hearings 

were held in accordance with the provisions of the National Industrial Recovery Act, and this Chapter was thereafter revised and 

resubmitted. 

THE INDUSTRY 

The_ Mason Contractors Division is an important branch of the 

Construction Industry, both in original construction and in repairing existing installations. Their work is described more fully by 

the definitions contained in Article I of this Chapter. 

PROVISIONS FOR HOURS AND WAGES 

The hours and wages set forth in Chapter I of the Code of Fair 

Competition for the Construction Industry, approved by you on 

January 31, 1934, are, except for minor exceptions, favorable to 

employees, applicable to this Chapter. 

ECONOMIC EFFECT OF THE CODE 

In 1929 there were employed in the Mason Contracting Industry 

80,000 skilled masons and 70,000 semi-skilled and unskilled ·masons' 

tenders. Of these 150,000 workers, steady work for approximately 

27,000 men has been available during 1933. It is reasonable to suppose that with the prohibition of unfair trade practices and the 

establishment of uniform rates of pay and hours of work, better 

conditions will prevail in this Industry and that employers, 

employees and the public will be benefited. 

FINDINGS 

The Deputy Administrator in his final report to me on said Mason 

Contractors Chapter of the Code of Fair Competition for the Construction Industry, as supplemented by the addition thereto of said 

Mason Contractors Chapter, having found as herein set forth and 

on the basis of all the proceedings in this matter: 

(2) 
3 

I find that: 

(a) Said :Mason Contractors Chapter and said Code of Fair Competition for the Construction Industry as supplemented by the addition thereto of aid ~1ason Contractors Chapter, are well de igned 

to promote the policies and purposes of Title I of the National Industrial Recovery Act, including rem.oval of obstructions to the free 

flow of interstate and foreign commerce which tend to dimini h 

the amount thereof and will provide for the general welfare by 

promoting the organization of industry for the purpose of cooperative action among the trade groups, by inducing and maintaining 

united action of labor and management under adequate governmental 

sanctions and supervision, by eliminating unfair competitive practice~ by promoting the fullest possible utilization of the present 

productive capacity of industrie , by avoiding undue r e triction 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. 

(b) Said Mason Contractors Chapter and the Code of Fair Competition for the Construction Industry, as supplemented by the addition thereto of said Mason Contractors Chapter, as approved, comply 

in all respects with the pertinent provisions of said Title of said Act, 

including without limitation subsection (a) of Section 3, sub ection 

(a) of Section 7, and subsection (b) of Section 10 thereof; and that 

the applicant association is an industrial association truly representative of the aforesaid Industry; and that said association imposes no 

inequitable restrictions on admission to membership therein. 

(c) Said Mason Contractors Chap'ter and the Code of Fair Competition for the Construction Industry, as supplemented by the addition thereto of said Mason Contractors Chapter, are not designed to 

and will not permit monopolies or monopolistice practices. 

( d) Said Mason Contractors Chapter and the Code of Fair Competition for the Construction Industry, as supplemented by the addition thereto of said Mason Contractors Chapter, are not designed to 

and will not eliminate or oppress small enterprises and will not 

operate to discriminate against them. 

(e) .Thoe engaged in other steps of the economic process have not 

been deprived of the right to be heard prior to approval of said 

Mason Contractors Chapter and of said Code, as supplemented by 

the addition thereto of this Mason Contractors Chapter thereof. 

For these reasons, therefore, I recommend approval of said Mason 

Contractors Chapter and said Code, as supplemented by the addition 

thereto of said Mason Contractors Chapter thereof. 

Respectfully, 

APRIL 19, 1934. 

HUGH s. JOHNSON, 

Administrator. 
CHAPTER VIII 

MASON CONTRACTORS DIVISION OF THE CONSTRUCTION INDUSTRY 

ARTICLE I-DEFINITIONS 

SECTION 1. The term " Mason Contractors Di vision ", or " this 

division", as used herein means the contracting for and the erection 

in the United States of America, of all types of brick work, rubble 

stone, cinder block masonry, ornamental terra cotta, salt glazed tile, 

hollow tile, and gypsum block, including the furnishing of any labor 

or materials incident thereto; and such branches or subdivisions 

thereof as may from time to time be included under the provisions 

of this Chapter, subject to the approval of the Construction Code 

Authority and the Administrator. 

SECTION 2. The term "Association" as used herein means the 

Mason Contractors Association of the United States and Canada. 

ARTICLE II-WAGES AND HouRs AND GENERAL LABOR CoNDITIONS 

SECTION 1. The provisions of this Code relating to maximum. hours 

shall not apply to- · a. E1nployees engaged in a professional, executive, or supervisory 

capacity receiving more than thirty-five dollars ($35.00) a week. 

However, no employee engaged in a supervisory capacity who performs manual work shall be included in the exception of this subsection. 

b. Watchmen, who may be permitted to work not in excess of 

eighty-four hours in any two week period, and not in excess of ( 48) 

forty-eight hours in any one week period. . SECTION 2. Each employer shall make payment of all wages due 

in lawful currency or by negotiable check therefor payable on demand at par. Wages shall be paid at regular periods and if customary, at the end of every week, but in any event semimonthly. 

There shall be no payment or deduction therefrom for pensions, insurance or sick benefits except those required by law or voluntarily 

agreed to. 

SECTION 3. Employers and their agents shall accept no rebates 

directly or indirectly, on such wages, or give anything of value or 

extend favors to any person for the purpose of influencing the rates 

of wages or the working conditions of their employees. 

SECTION 4. No employee now employed at a rate in excess of the 

minimum herein prescribed shall be discharged and reemployed at 

a lower rate for the purpose of eYading the provisions of this Code. 

SECTION 5. Copies of Chapter I, and of this Chapter of this Code 

shall be kept posted by all employers in conspicuous places easily 

(4) 
5 

accessible to all employees in their offices, shops, and at the site or: 

sites of all operations. 

SECTION 6. No member of this division shall directly or indirectly,, 

or by any subterfuge sublet solely the labor services required by any,; 

contract assured by such member. 

SECYTION 7. No employer shall avoid or evade the labor provision~ 

of this code by contracting his work to any person or persons subject; 

to labor provisions less strihgent than those provided in this code.! 

SECTION 8. Any employer shall be subject to the applicable maxi-. mum hourly limitations provided in this code in his performance of. 

manual labor or mechanical occupations customarily performed byj 

employees. · SECTION 9. Every employer shall make reasonable provisions fol1 

the safety and health of his employees at the place and during the· 

hours of their employment. Standards for safety and health shall 

be submitted by the Divisional Code Authority to the Administratov; 

within three (3) months after the effective date of this code. . 

ARTICLE III-ADMIKISTRATION 

SECTION 1. A Divisional Code Authority is hereby constituted to: 

administer this code within this Division. The Divisional Code : 

Authority shall consist of nine members. Six of said members shalli 

be elected by the members of this Division, and the Association, at 

meetings of the Association from members thereof who are members 

of this Division. The remaining three members of the Divisional 

Code Authority shall be appointed on a fair basis from and as representatives of members of this Division who are not members of the 

Association by a Committee of three elected by the members of the 

Association who are members of this Division at the meeting for · 

the election of the other members of the Divisional Code Au-. 

thority. Such appointees shall be subject to the approval of the 

Administrator. 

The term of office of all members of the Divisional Code Authorityi 

shall be one year. 

Spccessors of all members of the Divisional Code Authority shall. 

be selected in like manner; except that any successor to any member· 

of the Divi ional Code Authority who represents the members of this 

Division who are not members of the Association shall be selected by· the non-members of the Association, if such successor and the manner.: 

of his selection is approved by the Administrator. Any appointee: 

may be removed by the agency authorized to appoint his successor,. 

with the approval of the Administrator. 

SECTION 2. The Divisional Code Authority shall in addition to the~ 

powers and duties which aid Divisional Code Authority has bJ! 

virtue of paragraph B, Article IV, Chapter I of this Code, cooperate: 

with the Admini trator in regulating the u e of any N.R.A. insignia1 

solely by those members of the industry who have a sented to, an~ 

are complying ,vith, this Code. 

ARTICLE IV-TRADE PRACTICES 

SECTION 1. The Divisional Code Authority, within sixty (60) daysj 

after the effective date of this chapter shall pre cribe and submit to 
6 

the Construction Code Authority for its approval as provided in 

Article VII, Section 14, of Chapter I hereof, a method for checking 

competitive bids submitted by members o.f this division. 

SECTION 2. No member of this division shall secretly offer or make 

any payment or allowance of a rebate, refund, commission, credit, 

unearned discount, or excess allowance whether in the form of money 

or otherwise, or secretly offer or extend to any customer any special 

service or privilege not extended to aH customers of the same class, 

for the purpose of influencing a sale or contract. 

SECTION 3. No member of this division shall submit a competitive 

bid, as defined in Section 1 of Article VII of Chapter I of this Code, 

to an owner or any other person corresponding to an a warding authority as therein defined, unless such owner or other persons agree 

to comply with the regulations provided therein governing-an awarding authority.-

ARTICLE V-MODIFICATIONS 

SECTION 1. Subject to the provisions of Section 2 ( c) of Article 

IV, B, of Chapter I hereof, the provisions of this Chapter except 

as to the provisions provided by the Act may be modified on the 

basis of experience or changes in circumstances, such modifications 

to be based on application to the Administrator and such notice and 

hearing as he shall specify and to become effective upon his approval. 

ARTICLE VI-REFERENCE TO PROVISIONS OF CHAPTER I 

The provisions of Section 7 (a) and 10 (b) of the Act, which are 

set forth in Section 1 and 6 respectively of Article VIII of Chapter 

I of this Code are specifically incorporated herein by reference with 

the same force and effect as if set forth herein in full; all other provisions of Chapter I of this Code, except as herein provided, apply 

within this Division with the same force and effect as if set forth 

herein in full. 

ARTICLE VII-REVIEW OF ACTS OF CODE AUTHORITIES 

If the Administrator shall determine that any action of the Divisional Code Authority or any agency thereof may be unfair or unjust or contrary to the public interest, the Administrator may require 

that such action be suspended to afford an opportunity for investigation of the merits of such action and further consideration by the 

Divisional Code Authority or agency pending final action which 

shall not be effective unless the Administrator approves or unless 

he shall fail to disapprove after thirty days' notice to him of intention to proceed with such action in its original or modified form. 

ARTICLE VIII 

This Code (Chapter I and this Chapter) shall become effective 

within this Division on the second Monday after the approval of 

this Chapter by the President. 

Approved Code No. 244--Supplement No. 7. 

Registry No. 1015-02. 

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