Approved Code No. 244A-Subdivision No.2 Registry No. 1616-140 

NATIONAL RECOVERY ADlVIINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

HEAVY CONSTRUCTION AND 

RAILROAD CONTRACTORS 

INDUSTRY 

(A Subdivisi01 of the General Contractors Division 

of the Construction Industry) 

AS APPROVED ON APRIL 29, 1935 

BY 

PRESIDENT ROOSEVELT 

TOR; l'fED STATES 

L-::::.::.:-:..---rnlV·ERNMENT PRINTING oFFICE 

WASHINGTON: 1935 

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Approved Code No. 244A-Stibdivision No. 2 

SUPPLEMENTAR-Y CODE OF FAIR COMPETITION 

,-·oR 'IRE 

HEAVY CONSTR.UCTION AND RAILROAD 

CONTRACTORS INDUSTRY 

As Approved on April 29, 1935 

BY 

PRESIDENT ROOSEVELT 

EXECUTIVE ORDER 

S uPPLEMENTl\RY ConE OF F Am Co:MPETITION FOR THE HEAVY CoNSTRUCTION AND RAILHOAD CoN'rnAcTons INDUSTRY 

A SUBDIVISION OF Tl-IE GENERAL CONTRACTORS DIVISION OJ<"' THE CON STRUCTION INDU, TRY 

An application having 1 een duly made, pursuant to and in full 

compliance with the provisions of Title I of the National Indn trial 

Recovery Act, approved June 16, 1933, and pursuant to and in full 

compliance with the provision of Section 5 of Article VIII of 

Chapter I, approved Jan nary 31, 1934, and pursuant to and in full 

compliance with the provisions of S()ction 2 of Article I of Chapter 

II, approved February 17, 1931, of the Code of Fair Competition 

for the Construction Inclu. try, for approval o:f Subchapter II-B of 

Chapter II of said Code, which Subchapter is applicable to the 

Heavy ConstructioJ.1 nn l Railroad Contra tors Subdivision of the 

General Contractor · Divi ion of the Cm truction Industry, and 

hearings having been helt1 thereon, and the National l 1 du trial RecDvery Board having rendered its report containing an analysis of 

said SubchaptBr II-B a.nd of said Code of Fair ompetition as 

amended by the addition thereto of said Suhchapt II-B, together 

with its recommendations and finding~ with r espect thereto, and the 

National Industrial Recovery Board h aving found that the aiel 

Subchapter II-B and the said Code of Fair Competition, as amended 

by the addition thereto of said Sub hapter II-B, complie in all 

re pects with the pertinent provision of Title I' o:f , aiel \.ct, and 

that the requirement o£ clam~ · (1) and (2) of ·ub e tion (a ) of 

Section 3 of the aid Act have been met : 

132665°--1844- 2----35 (1) 
2 

NO\V, TI-IEREFORE, I, Franklin D. Roo~e velt, President of the 

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

of the National In lustrial Recovery Act, approved June 16, 1933, 

and otherwise, do adopt and approve the report, recommendations, 

and findings of the National Industrial Recovery Board and do 

order that the said Subchapter II-B be and it is hereby approved, and that the previous approval of said Code o£ Fair Com.petition 

for the Construction Industry is hereby amended to include an ap- proval of said Code in its entirety as supplemented by said 

Subchapter II-B: 

PROVIDED, HO'\iVEVER, that the operation of Section 6, lllutual .A.greem,ents, of Article III, may be reviewed by the National 

Industrial Recovery Boar l within s!xty (60) days after the effective date of this Subchapror II-B and if upon a finding that the 

said Section 6 unfairly interferes in any respect, with the process 

or freedom of collective bargaining, said Section G be immediately 

stayed pending my further order. 

FRANKLIN D. ROOSEVELT. 

Approval recommended: 

NATIONAL INDUSTRIAL REcOVERY BoARD, 

By L. C. MARSHALL, Executive Secretary. 

THE WHITE HousE, 

Ap1·il 29, 1935. 
LETTER OF TRANSMITTAL 

The PRESIDENT, 

The lVhite Hm.tse. 

SIR : Thi. is n. report on the Heavy Constru tion and Railroad 

Contracting Subdivision, Subchapter I -B of the General Contractor Division, de cribed as Chapter II n:hd approved by you on 

F ebruary 17, 1934, of the Code of Fair Competition for the Construction In lustry. This Subchapter as submitted by the Associated 

General Contractors of America, Inc., has been revised subsequent 

to public hearing conducted in 'Vashington on May 21, 1934, in 

accordance with the provisions of the National Industl·ial Recovery 

Act. 

THE INDUSTRY 

The Industry, as defined in the propo eel Subchapter II-B, includes the work of a general contractor who by formal contract or 

otherwi e directs and/ or superintends and/or coordinates, and/ or 

execute substantially in its entirety the work of constructing some 

forty-two specifi ed types of construction projects and operations and 

excluding only building construction, highway construction, and 

projects con tructed principally by means of marine plant. 'Vorkmen under two hundred classiticat'ons are employed at. work which 

may be generally classified as skilled, semi-skilled, and unskilled. 

PROVISIONS FOR HOURS AND WAGES 

The limitation as to hour of employment provided in Subdivision B of Section 2 of Article III of Chapter I, apply to members o£ 

this Subdivision with the following exceptions : 

(a) Watchmen, who shall not be permitted to work in exce s of 

fifty -six (56) hours in any one ( 1) week, except there shall be no 

limitation upon the hours of watchmen when housed on the work, 

provided, however, that no -watchmen shall be permitted to work 

more than six (6) days in any one (1) week. 

(b) Job anclj or field clerks and camp and quarter-boat service 

employees, who shall not be limited as to hours, but shall not be 

permitted to work in excess of six ( 6) days per week. 

(c) Employees engaged in supervisory work receiving less than 

thirty-five dollars ($35.00) per week, who shall not be permitted to 

work in excess o£ the maximum hours prescribed for the employees 

supervised, plus a tolerance of fifteen (15) per cent. 

The wage provisions of the approved Basic Code for the Construction Industry apply to members o£ this Subdivision. Additional 

provisions governing methods o£ payment of wages, deductions, and 

reaulations for members performing manual work, reclassifi ation of 

employees, safety and health measures and provision for submission 

of mutual agreements for arriving at wages above the minimum are 

contained in this Subchapter. 

(3) 
4 

ECONOMIC EFFECT OF THE CODE 

Statistics prepared by the Research and Planning Division indicate 

the following fluctuations in work ontracte for in this Subdivision: 

1929, $663,937,600; 1930, $1,150,952,300; 1931, $692,537,000; 1932, 

$283,318,900 and 1933, $373,580,500. The actual work don~ per year 

varies somewhat less than these figures indicate. E stimates of the 

amount of heavy construction performed by general contractors vary 

from 60 to 80 percent of the total. 

It is impossible to calculate the number of persons employed in this 

branch of construction. It is estimated that there were, in 1929, 

211,000 man-years of employment which declined in 1932 to about 

89,700, ri n~ to some 118,200 in 1933. The forty cent minimum rate 

e. tal lished 1n Chapter I of the Construction Code is estimated to 

affect about sixty percent of the workers in this Subdivision, and 

it i ·estimated to increase hourly wage rates from five to forty percent 

for unskilled work in different localities. The increasing efficiency of mechanical equipment in con truction 

work and the corresponding increase in labor efficiency has displaced 

so many employees that it is difficult to estimate the effect of the 

hours provisions of the construction code in this Subdivision. Equipment charges represent approximately 23.8 percent of the total value 

of construction performed, while labor charges represent 28.6 percent, material and supplies involved 29.9 percent, and general overhead and profit 17.7 percent. 

It will be noted that the general purpose of a Code for this Subdivision is to facilitate the administration of the Basic Code of Fair 

Competition for the Construction Industry. 

The Deputy Administrator in his final report to the National Industrial Recovery Board on said H eavy Construction and Railroad 

Contractors Subchapter of the General Contractors Chapter of the 

Code of Fair Competition for the Construction Industry having found 

as herein set forth and on the basis of all the proceedings in this 

matter: 

The Board finds that : 

(a) Said Heavy Construction and Railroad Contractors Subchapter of the General Contractors Chapter of the Code of Fair Competition for the Construction Industry is well designed to promote the 

polic~es an~ purposes of Title I of ~he National Industrial Recovery 

Act, 1nclud1ng 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 a-ction among the 

trade groups, by inducing and n1aintaining united action of labor and 

management under adequate governmental sanctions and supervision, 

by eliminating unfair competitive practices, by 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. 
5 

(b) Said Heavy Con. truction and Railroa.d Contractors Subchapter of the General Contractors Chapter of the Code of Fait· Competition for the Con truction Industry complies in all l'e. pects with 

the pertinent provi ion of said Title of said Act, includino- without 

limitation subsection (a) of section 3, subsection (a) of §ection 7, 

and sub ection (b) of Section 10 thereof; and that the applicant a. - sociation i an indu trial association truly repre entative of the aforesaid Industry; and that said association imposes no inequitable restrictions on admis ion to membership therein. 

(c) Said Heavy Con truction and Railroad ontractors Subchapter of the General Contractors Ch~pter of the ode of Fair Competition for the Con truction Industry is not de. ·igned to and will not 

permit monopolies or monopolistic practices. 

(d) Said I-Ieavy Con ·truction and Railroa-d Contractors Subchapter of the General Contractors Chapter of the Code of Fair Competition for the Construction Industry is not designed to and will 

not eliminate or oppress small enterprises and wal not operate to 

eli criminate against them. 

(e) Those engaged in other steps of the economic proce. s have not 

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

Heavy Construction and Railroad Contractor· Subchapter of the 

General Contrn tors Chapter of the Code f Fair Competition for 

the Construction Indn try. 

For these reasons, therefore, the National Industrial Recovery 

Board recommends approval of said _Heavy Construction and Railroad Contractors Subchapter of the General Contractors Chapter of 

the Code of Fair Competition for the Construction Industry; with 

the proviso contained in the Executive Order for further rev~ew and 

possible stay of Section 6 of Article III, which pertains to Mutual 

Agreements. 

For the National Industrial Recovery Board: 

APRIL 27, 1935. 

L. c. MARSHALL, 

Executive Secretary. 
Sun-CnAFTEI~ II-B 

SUPPLEMENTARY C DE OF FAIR C01v1PETITION FOR 

TJIE I-fEA VY CON~TRUCTION AND RAILROAD CONTRACTORS INDUSTRY 

A SUI3Dl\'ISION OF THE GENERAL CONTRACTOTIS DIVISIO·N OF THE CON''TRUCTTON INDU 'TRY 

ARTICL'E I-APPLICATION 

The provisions of this Chapter shall apply to the Heavy Construction and Railroad Contractors Subdivision of the General Contractors Divi ·ion of the t!onstruction Indu try (a defined herein) 

excluding operations th rein und·:.rtaken b fore the effective date 

hereof. 

ARTICLE II-DEFINI'l'IONS 

SECTION 1. H eavy Oonstruction and Rail1·oad Cont1·actor.-The 

term "Hoavy Construction and Railroad Contractor" or "member 

of this Subdivision" as used herein is hereby d~finecl to mean a 

General Contractor as defined in Section 1, Article I, Chapter II 

of the. Code of Fair Competition for the Construction Industry, and 

includes without limitation, any individual, partnership, associati01i, 

trust, trustee, trust-ee in bankruptcy, receiver, corpor~I-tiOn or agency 

which undertakes, whether by formal contract or otherwise to direct, 

superintend, coordinate or ext:>cute, directly or through others, the 

work of constructing, substantially in its entirety, any fixed structure and other improvements, or modification thereof or an addition 

or repair thereto, including any structure or operation which is 

an incidental part of a contract therefor, including without limitation, except as specified hereinafter, heavy construction and ra.ilroad 

projects, such as railroad construction projects, heavy construction 

and railroad bridges, heavy con truction sewers and watermains, 

grade separations involving a railroad, foundations, pila driving, 

piers, abutments, retaining walls, viaducts, tunnels, subways, track 

elevation, elevated highways, drainage projects, sanitation projects, 

aqueducts, irrigation projects, flood control projects, reclamation 

projects, reservoirs, water supply projects, water power development, hydro~lectric development, transmissiOn lines, pipelines, locks, dams, 

dikes, levees, revetments, channels, channel cut-offs, intakes, dredging projects, jetties, break-waters, docks~ harbors, industrial sites 

(excluding paving operation~), excavation and disposal b:y: contract 

of overburden and the loachng by contract of all matenals from 

which the overburden has been removed; includine; the operation, main~nance and repair o£ all land and floating plant ~quipment, 

vehicles, and other facilities used in connection with and serving the 

(6) 
7 

aforementioned work ancl service ; and excluding -only buildings us 

clefin l in Chapter II-A, and Highway Coi?struction as derinec1 

i • Chapter II-C, and excluding the following operations with respect to new projects, maintenanc projects or improvement projects 

(incluling the use and operation of tugs and laun ·hes employed. as 

tenders in connection therewith), namely, dredging, submarine rock 

removal land reclamation by dredging, marine and subaqueous 

work L.'l rivers, harbors and waterways, when done principally by 

marin plant and the crew · thereof. . 

SECTION 2. The term " H eavy Construction and Railroad Con- tra tor ' Subdivision" or " this Subdivision" as used horein shall 

in lude the work above described when performed by a H eavy Con- :::; truction and Railroad Contractor as defined herein. 

SECTION 3. Div·isional Code Authority.- The term " Divisional 

Code Authority " for the purpo e · of this Chapter shall mean the 

Code Authority established under Section 1 of Sub-division A of 

Article II of Chapter II for the General Contractors Division of 

the Con truction Industry. 

SECTION 4. Olassification .-.Any operations within the definition 

9£ Article II of Chaph"r I of this Coda, which are not provided for 

in any approved Divisional or Subdivisional Chapter of this Code 

(including Chapters and Sub-Chapters subsequently approved when 

effective) shall, when performed by a member of this Subdivision 

with his o~n forces be included in and be a part of t he activities of 

this Subdivision. Nothing herein shall be construed as limiting the 

provisions of Chapter I , Article IV A, Section 2 (f) as amended. This is without prejudice as to any rights of members of this Subdivision in connection with any Chapter or Sub-chapter of this Code 

now or hereafter approved. 

SECTION 5. Bubcont?·actoT.-(a) The term "Subcontractor" as 

used herein shall mean anyone other than an employee who enters 

into a contract for the performance of any work of this Subdivision 

with a H eavy Construction and Railroad Contractor who has already contracted or otherwise arranged· for its performance. 

(b) A Subcontractor undertaking to perform any of the functions 

or any part of the :functions -of a Heavy Construction and Railroad 

Contractor as herein defined shall be construed as a Heavy Constructiqn and Railroad Contractor and be subject to all of the provisions 

of this Code. llowever, nothing herein shall be construed as exempting uch Subcontractor from complying with the more stringe-nt 

requirements of another Chapter or Subchapter of this Code to 

:which he may be subj ect. SEcTION 6. Assomation.-The term "Association" as used herein 

shall ni.ean the Associated General Contractors of America. 

SEcTioN 7. This Oode.-The term "this Code" for the purposes 

of this Subchapter means and includes Chapter I, Chapter II, and 

Chapter II- B of th~ Code of Fair Competition for the Construction 

Indu try. Chapter I and II shall apply except as herein ~pecifically 

provided. In their application herein the provisions of Chapter II 

shall prevail over conflicting provisions of Chapter I and the provisions of Chapter I I-B shall prevail over conflicting provisions of 

Chapter I and Chapter II. 
8 

AnTICLE III-HouRs, ''T AGES AND CoNDITIONs OF EMPLOYMENT 

SEcTION 1. If ou1·s.-The limitations as to hours of em~loyment 

1wovided in Subdivision B of Section 2 of Article III of Chapter I 

of t his Code shall not apply to the followin g : 

(a) ' Vatchmen, who shall not be permitted to work in excess of 

fifty -six (56 ) hours in any one (1) week, except there shall be no 

]imitation upon the hours of watchmen when housed on the work, 

proviued, however, that no watchmen shall be permitt d to vod~ 

more than six (G) days in any one (1) week. 

(b) Job anclj or fi eld clerks and camp and quarterboat service 

employees, who shall not be limited as to hours, but shall not be 

permitted to work in excess of six (6) days per week. 

(c) Employees engaged in supervisory work r eceiving less than 

thirty-five dollars ($35.00) per week, who shall not be permitted to 

work in excess of the maximum hours prescribed for the employees ·nper visecl, plus a tolerance of fifteen ( 15) per cent. 

(d) This Section does not restrict the exemptions as to hours of 

employment conferred in Subsections 3 (a) , 3 (b) , awJ 3 (c) of 

S ubdivision B of Section 2 of Article III of Chapter I of this Code, 

except tha.t Subsection 3 (a) herein described shall not apply to 

supervisory employees ea rning less than thirty-five dollars ($35.00) 

per week. 

SECTION 2. IV ages.-The minimum wages to be paid to employees 

working the hours permitted by Paragraphs (a): (b), and (c) of 

Section 1 hereof, for the hours worked, shall be not less than the 

hourly rate prescribed in the first paragraph of Subdivision A of 

Section 2 of Article III of Chapter I of this Code. 

SECTION 3. yn~o nt of lVages.-All members of this Subdivision 

shall make payment of ~II wages due in lawful currency or by 

negotiable check therefore, payable on demand at par. If wages are 

paid by check, the employer shall provide reasonably accessible 

fa cilities for cashing checks at face value without expense to the 

employee. Employers shall also provide such identification as i. 

necessarv to utilize such facilities. 

SECTION 4. Time of Payment and Ded1tctio·ns.-Except as otherv,rjse provided in Section 2 hereof, wages shall be clne and payable 

at least semimonthly. "T ages shall be exempt from any payment 

for pensions, 1nsurance or sick benefits except such as is voluntarily 

pajd or required by lav.r. Employers or their agents shall not accept, 

directly or indire-ctly, rebates on such wages or give anything of 

value or extend any favors to any person for the purpose of influencing rates of wages or working conditions of their employees. 

SECTION 5. General.-(a) 111 en1>bers perfor?Tdng 1nanual work.- To the extent permitted by the Act members of this Subdivision 

when l?ersonally performing manual work or engaged in mechanical 

operations shall not when so performing or so enguged exceed the 

maxima as to hours and days her-ein ' provided for employees doing 

the same work 

(b) Evasion.-N o employee now employed at a wage rate in 

excess of the minimum shall be r eclassified or discharged and reemployed at a lower wage rate for the purpose of evading the 

provisions of this Code. 
9 

(c) J!iq17~i$sal for c01nplaints.-N o employee shall be dismissed or 

demo d by reason of making a complaint or giving evidence with 

respect t9 ~n alleged violation of this Code. 

(d) Handicapped person.s.-A person whose earning capacity is 

limited becau e of age or physical or 1nental handicap or other 

infirmity l}1ay be employed on light work at a wage below the minil11Um established by thjs Code if the employer obtains from the State 

4-uthority designated by the United States Department of Labor a 

rtificate authorizing his employment at such wages and for such 

hours as shall be stated in the certificates. Each employer shall file 

monthly with the Administrative Committee a list of all such persons employed by him within this Subdivision, showing the wages 

paid to and the maximum hours of work for each such employee. 

(e) Safety and H ealth.-Each member of this Subdivision · shall 

provide tor the safety and h ealth of his employees at the place and 

during the hours of their employment. 

Standards for safety and health, including minimum standards, 

for sanitation, construction, size, operation and food, for labor camps, 

shall be developed by a CommittEe composed of three members of 

this Subdivision to be appointed by the Administrative COJnmittee 

and financed by funds available to it and submitted to the N fltional 

Industrial Recov~ry Board by the Administrative Committee for a pproval within three (3) months after the effective date of this Subchapter. Aft'er approval, such standards shall become the minimum 

standards of safety and health for all members of this Subdivision 

and shall thereafter b.o a part of this Code and enforceable as such. 

Where State In, ws provide more stringent r estrictions, such laws 

shall be observed. 

(f) Posting.-On and after the effective date of this Code all 

employers shall post and keep posted in conspicuous places accessible 

to all employees) official copies of all provisions of this Code which 

fiec~ . hours of employment, rates of pay and all other labor 

prOVlSlOllS. 

S~c·rroN 6. Mu.t'ual Agreem . .ents.-Any association or group of 

members of this Subdivision proposing to establish an agreement 

with their employees with respect to hours of labor, · rates of pay, 

or other conditions of employment governing the performance:> of 

work in this Subdivision, under and pursuant to Section l , Article 

ill, of Chapter I of this Code or the Act, shall send to the Divisional 

Code Authority at the time notice of hearing is published or sent 

to the employers to be subject to the agreen1ent a.nd, preliminary to 

the application for hearing ot· approval to the National Recovery 

Administration, an accurate description of the specifically defined 

region or locality proposed to be em.braced by such agreeinei t, the 

types of operations and occupation~· to be affected thereby, and in 

addition thereto the plan for hearing and form for method of notice 

thereof; and at tho tim€ of any application to theN ationa.l Recovery 

Administration :for hearing thereon or approval thereof shall also 

send to the Divisional Code Authority a copy of the agreement or 

proposed agreement and .application for hearing thereon or approval 

thereof filed or to be filed with the National Recovery Administration, together with a copy of any report containing supplementary 

information filed j n connection therewith. 
10 

Any mutual agreement described jn Section 1, Article III, Chapter 

I, as approved by the President, shall contain certain specifi<t 

provi. iom; as follo,vs: 

(a) The terms of this mutual agreement are limited to and binding only upon members of this Subdivision on operations and work 

in the specifically defined region or locality in which the agreement 

applie ·. 

(b) The terms of this mutual agreement shall not be binding up~l} 

the employers and employees of any other Division or SubdiV.isipn 

of the Industry. 

(c) The occupations, types of operations, or employee· of this 

Subdivision affected by this mutual agreement shall not be deemed 

or construed to be the occupations, types of operation , or employees 

vf any other Subdivisi n described in Chapter II, and the terms and 

conditions pertaining to the foregoing in this mutual agreement are 

to be effe ctiv only with reference to the performance within the 

specifically defined region or locality of the types of operations 

1efined in thi agreement. 

(d) This mutual agreement shall in no way prejudice the right 

of other subdivi. ·ions to e tablish in the same area or another area 

mutual agreements of their own making pertaining to ~upations, 

employee · and type._ of operations of other subdivisions descdbed in 

Chapter II. 

(e) The terms of this mutual agreement shall exclude any operatlon ~ undertaken in accordance with bona fide biJs made prior to 

the effective date of this agreement and contracts entered into prior 

to such effective date. 1 

ARTICLE IV-ADMINISTRATION 

SECTION 1. The Adntini.strative Oontm!ittee.-An Admini.trative 

Committee for the Heavy Construction and Railroad Contractors 

Subdivision is hereby constituted to administer this Code within 

thi · Subdivision. Said Committee, ·hereinafter referred to ns "the 

Administrative Committee", shall consist of fourteen (14) members, 

all of whom shall be members of this Subdivision. Eight (8) of 

said members shall be members of the Association and shall be 

appointed annually by the Divi ional Code Authority from c:·uch 

nominations as may be made by the members of the Divisional Code 

Authority who are Heavy Construction and Railroad Contractors. Each member so appointed shall serve until his successor is appointed, which appointment shall pe made in like manner. The 

six (6) remaining members of the Administrative Committee shaH 

be appointed annually by the Divisional Code Authority from nominations male by the members thereof who are lleavy Construction 

and Railroad Contractors or by the eight ( 8) Association members 

of the Administrative Committee, from and to represent members 

of this Subdivision who are not members of the Association. Any 

such member shall be approved by the National Industrial Recovery 

Board before his appointment shall become effective. Each of said 

six ( 6) members shall serve until his successor has been selected, 

1 See paragraph 3 of order approving this Code. 
11 

qualified and appointed as above, or has been selected by th nonmember of ihe As ·ociation, pur uant to a method o SP.l ction :atis- factory to ancl approved by the National Industrial Rec.overy Boa.rcl, provided uch ucces;:-or has been approved by th National Indu -

trial Recovery Board. If three (3) of sai l six (G) members shall 

become member of the Association during the period of th ir term 

of office a · memb2rs of the Administrative Committee, no other of 

·aid memb"'r of the AdministratiYe Committee 1nay join he Asso- ei'ation without being disqualified, from the date upon which he 

b comes a member of the Association, from further member ·hip in 

the Administrative Committee as a representative of memb rs of 

this Subdivision who are not mt:>mbers of the A ·sociation. Any 

member of the Subdivi ion appointed to the Administrative Committee to represent the members of thiB Subdivision who are not 

members of the A ·sociation, or selected or appointed ucce or to 

any such member of the Administrative Committee) shall be ._;ubject 

to approval by the N a.tional Indu trial Recovery Board. 

SECTION 2. Powers and Duties.-The Administrative Committee 

shall have, in addition to nuch powers and duties as are set forth 

in Section 2 o£ Subdivi. ion B of Article II of Char:,ter II and as may 

be delegated to it by the Divi i nal Code Authority, the following 

powers and duties: 

(a) To establish regions and appoint local conunittees for the 

various regions as it deems necessary for the administration of this 

Code giving due consideration to the scope, character, ancl territory 

of the work to be performed. R.epre entative groups of lieavy ConsUuction and Railroad Contractors may apply to the Administrative 

Committee. for the establishment of regional areas and may make 

reconunendations as to the number and personnel of the local 

committee. (b) To establi ·h and/ or change the juriBdiction or personnel of 

any administrative agency established by it for this Subdivision. 

(c) It members or its authorized representative.s may att(md meet-

~gs of any admini trative agency established by it for this SubdiVISIOn. 

(d) To require the registration in a manner not inconsistent with 

any manner prescribed by the Divisional COOe Authority of all 

construction work applicable to this Subdivision and as defined and 

described in Section 2 (b), Article II-A, Chapter II, in cooperation 

with tho Construction Code Authority and the Divisional Code 

Authority. 

(e) To defray expenses in establishing and administering this 

Code from the equitable apportiomnent it receives from the Divisional Code Authority from the funds derived as authorized in Section 2 (b), Article II-A, Chapter II. 

(f) To prescribe rules of fair competitive bidding practices for 

the members of this Subdivision and such rules, when approved by 

the Code Authorities of Chapters I and II and the National Industrial Recovery Board, shall apply to all members of this Subdivision 

of the Industry. 

(g) To prescribe regulations requiring that members of this Subdivision of the Industry shall not submit a competitive bid, as defined 

in Sect.jon 1 (a), Article VII, Chapter I of this Code, to an owner or 
12 

any other person con·e ponding to an awarding authority as defined 

in such Article unle · such owner or other person agr.ces to comply with the regulations provided therein governing an n.warcling 

authority. 

(h) Regulations, methods and rules formulated in accordance wjth 

the foregoing paragraph (g) shall be filed with the National Industrial Recovery Board and shall b'.lcome effective upon approval by 

the National Industrial Recovery Boarcl. Failure of the National 

Industrial Recov ry Board to eli approve any such regulation, 

method or rule within thirty (30) days after receipt thereof shall be 

de med approva l of such regulation, method or r ule as of the date ·f 

the expiration of such period. Any such regulations, methods m· rule;:, 

shall be effective upon approval for the period specified therein or 

until approval j withdrawn by the National Industrial Recove ry 

Board because of inequitable, unfair or unju. t operation thereof. SEC'I'ION 3. R egional Adndni t?"ative Committees 01' Ag-encies in 

th Subdivision .-Regional Committees, agencies or representatives 

may be vested with and may have such of the powers and duties 

of the Administrative Conunittee as it delegates to the Re?-ional 

Committee, agency or repre ·entative for he pror,er discharge of its 

functions in the particular region. All rules and regulations of 

Rogional Committees must have the approval of the Aclmini ·trativc 

Committee and must not be inconsistent wit h the rules and regulations of the Divisional Code Authority. 

ARTICUJ V-A UTHORIZED E xEMPTIONS 

vVhene\rer any work within the definition contained in Snbchapter 

II-B, Article II, Sect.i.on 1, is exempted by competent Gov"rnmental 

.-t Uthority Ol' agencie (whether F ederal, State, or political subdivision thereof) acting in accordance with law, from any or all of 

the provisions of Chapter I and II and Subchapter I I-B and/ or 

is being or may be performed by any non-member of the Construction 

Industry so exempted from, or otherwise not subj ect to, provisions 

of this Code, then the ·ame exemptions or exceptions from the same 

provisions of Chapters I anfl II and Supchapter li-B shall apply 

and govern as to any and all members of this Subdivision with reference to such work. Such exemptions or exceptions shall not be 

con trued to permi t a member of th e Industry to so reduce wages 

or lengthen hours as to result in wages lower or hours longer than 

those observed by such rion-membors of the Industry. Nothin~ 

herein shall be construed as wr,iving the obligation of members of 

this Subdivision from registering cm1struction work, furnishing 

statistics, and paying authorizeGl ssessments~ 

ARTICLE VI-APPEALS 

SECTION 1. Locnl Adjustm.ents.-Controversies or complaints 

within this Subdivision shall be fully determined and adjusted so far 

as practical locally by the Regional Committee, agency, or representative appointed or delegated by the Administrative Committee. 

SECTION 2. Appeal to Adn~inistrative Omnmittee.-Any party directly affected shall have the right to appeal to the Administrative 

Committee establi heel herein and of a prompt hearing and decision. - . 
13 

SECTION 3. Appt'al to Division-a& Code Auth01ity.-Any party diI'€ctly affect d shall have the right of appeal to the Divlliional Code 

Authority and in u·n to the Construction Ap.t!eals Doarr1 for he 

Construction Indu try and of a prompt hearing and deci. ion. 

SECTION 4. Power of Authority.-In the event of controversies 

affecting this Subdivi ·ion with another subdivision of General Contractors the Administrative Committee shall refer the controversies 

1to the Divisional Code Authority which has original jurisdiction 

·over ·controversies affecting more than one subdivision of General 

ContractorsARTICLE VII-CoMPETITIVE BIDDING PnAr"riCES 

SECTION 1. Biddi,ig to Subdivision M e111bers.- ~ egotiatior~s of 

any kind, conducted ·olely between member · of this Subdivision for 

the performance of construction operation· defined in this Subchapter and not affecting operations of other divisions or subdivisions 

nnder this Code, shall not be construed as "competitive bidding" 

nor subject to any of the provisions of Article VII, Char,ter I of this 

Code. 

SECTION 2. Alternates.-Alternate 1 roposals for construction 

operations defined in this Subchapter II-B shall be exempt from 

t.h,e provi ions of Section 3 (a) and 4, Article VII, Chapter I , and 

Sections 1 (a) and 1 (b) , Article IV, Chapter II, when such alternate propo al are not prohibited by the awarding authority and 

are made by a member of this Subdivision of the Industry as a result of his own initiative, ingenuity and/ or engineering, proposing 

method , design, and/ or construction procedure differing from that 

called for by the plans and specification . SECTION 3. Oheclcing Bids.-The members of this Subdivision shall 

be exempt from the provisions of Section 14, Article VII, Chapter I, 

or any voluntary or mandatory actions of the Code Authorities jn 

connection therewith. The Administrative Committee of this Subdivision may provide satisfactory rules or methods for checking bids 

of the bidders and estimate. of the awarding authority for any 

region or class of construction. Such rules or methods shall be subject to the provisions of paragraph (c) of Section 2 of Subdivision 

B of Article II of Chapter II of this Code. 

AnTICLE VIII-PROVISIONS AND DEFINITIONS OF CHAPTER I AND 

CHAPTER II 

R cfm·ence to Provisions of Chapte1· I and Ohapt&r II. Provi ions 

and definitions of Chapter I and Chapter II of this Code in ludi1~g 

any amendments thereto, or amendment thereof, except as herein 

specifically provided, are specifically incorporated herein with the 

same force and effect as if set forth her in in full, subject to the 

provisions of Section 6 of Article II hereof. 

ARTICLE IX-AMENDMENT 

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

IV -B of Chapter 'I of this Code, the Subdivisional provisions of this 

Subcha1Jter II-B, except as to provisions required by the Act, may 
UNIVERSITY OF FLORIDA 

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14 3 1262 08584 7506 

be amen<led on the ba si of experience or changes in circumstances, 

:-:nch ame11dments to be ba. ed n ) 011 a.ppli ation to the National Industrial Recovery Board and sur.:h notices and hearings as it shall 

specify. 

SECTION 2. Any amendment propo ed by members of this ubth'vi:;ion or any Committee or group of such members shall be submitted to the Admini trative Committee of Chapter II-A, and 

Chapter II-C, and to the Divi ional Code Authorit. r and to the Con- stru tion Code Authority at least v~n (10) days before application is 

macle to the National Renovery Admini tration for a hearing upon 

snch am n lment. 

ARTICLE X-EFFECTIVF. DATE 

This .-nb ·hapter II-B . hall become effective on the tenth (lOth) 

day after its approval by the Pr-sident. 

Al11Jl'On<l Code No. 244A-Subt1iVil5iOn No. 2. 

Itegh;try No. 1616--140. 

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