Approved Code No. 311 Registry No. 1011-05 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

READY-MIXED CONCRETE 

INDUSTRY 

u 

AS APPROVED ON FEBRUARY 27, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washingoon, D.C. - - - - - - - - Price 5 r.ents 

v 
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.: 801 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 Avenue. 

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.: 422 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 Office Building. 
Approved Code No. 311 

CODE OF FAIR COMPETITION 

FOR THE 

READY MIXED CONCRETE INDUSTRY 

As Approved on February 27, 1934 

ORDER 

APPROVING CoDE OF FAIR CoMPETITION FOR THE READY-MrxED 

CoNCRETE INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of a Code 

of Fair Competition for the Ready Mixed Concrete Industry, and 

hearings having been duly held thereon and the annexed report 

on said Code, containing findings with respect thereto, having 

been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order No. 6543-A, dated December 

30, 1933, and otherwise; do hereby incorporate by reference said 

annexed report and do find that said Code complies in all respects 

with the pertinent provisions and will pr01note the policy and purposes of said Title of said Act; and do hereby order that said Code 

of Fair Competition be and it is hereby approved; provided, however, that the provisions of Article VII, Section 2, Subsection (c), 

insofar as they prescribe a waiting period between the filing with 

the committee of the marketing area and the effective date of 

revised price lists or revised terms and conditions of sale be and 

they are hereby stayed pending my further Order either within a 

period of sixty days from the effective date of this Code or after 

the completion of a study of open price associations now being 

conducted by the National Recovery Administration. 

HuGH S. JoHNsoN, Adn~inistrator for lndust?-ial R ecovery. 

Approval recommended: 

w. A. HARRIMAN, 

Division Adm,inist?·ator. 

wASHINGTON, D.C., 

February ~7, 1934. 

43081°----376-145----34 (371) 
REPORT TO THE PRESIDENT 

The PREsiDENT, 

The lV hite House. 

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

Ready-Mixed Concrete Industry, a hearing on which was conducted 

in "\Vashington on the twenty-sixth of October 1933, in accordance 

with the provisions of the National Industrial Recovery Act. 

PRO\"Ioc:IONS OF THE CODE A TO WAGES AND HO RS 

This Code provides for a work week of not more than forty hours 

nor more than six days. Exceptions to the limitation on working 

hours are provided for truck drivers and dispatchers, who may work 

forty-four hours per week; employees engaged in emergency repair 

work, who are limited in number and may work forty-eight hours 

per week when so engaged; watchmen, who may work sixty hours 

per week; and salesmen and managers earning regularly over $35.00 

per week. Employee paid on an hourly basis are to be compensated 

at the rate of one and one-third their normal rates of pay for all 

time worked in excess of the maximum hours provided. 

This Code provides for minimum hourly rates of pay of 35 cents 

per hour in the South, 40 cents per hour in the intermediate area, 

and 45 cents per hour in the Northern states, with 50 cents being 

stipulated as the minimum rate for New York City. These rates 

are decreased by 5 cents or 10 cents per hour, respectively, for cities 

between 500,000 and 75,000 population, and for cities of less than 

75,000 population. Minimum weekly wages for watchmen are set _ 

at $13.00 in the South, and $14.00 elsewhere. Minimum wages for 

accounting and clerical employees are set at from $13.00 to $15.00 

per week, depending on population. Provisions are made for maintaining normal wage differentials, and to the extent practicable, 

weekly earnings are not to be decreased. 

No person under sixteen years of age may be employed, and no 

person under 18 years of age may work at hazardous or unhealthy 

occupations. Employers are required to provide for the welfare and 

safety of their employees. 

ECONOMIC EFFECTS OF THE CODE 

The Research and Planning Division estimates that, based upon 

available data, there are about 7,500 employees in this Industry, exclusive of office help. The total employment is probably about 8,000. 

A 1929 estimate of value of industry products indicates a figure of 

about three million dollars annually, although this figure is probably 

high for _the period since 1929. 

The normal work week for employees in this Industry has formerly 

been from 50 to 60 hours. With a normal volume of business, the 

(372) 
373 

maximum weekly working limits of 40 and 44 hours for plant and 

delivery employees, respectively, will result in an appreciable spread 

of employment. The lack of definite figures on current and past 

employment precludes an accurate estimate with respect to the number of employees who will be added to payrolls by reason of the 

approval of this Code. The same lack of information on ~revailing 

wage rates prohibits a definite estimate as to increased earning power 

by reason of the Code provisions. From general information, it is 

considered probable that, in spite of the shorter hours worked, 

weekly earnings will not in any case be lowered, and the average 

weekly compensation per employee will probably be much higher by 

reason of the approval of this Code. 

FINDINGS 

The Assistant Deputy Administrator in his final report to me on 

said Code ha vin~ found as herein set forth and on the basis of all 

the proceedings In this matter; 

I find that-

( a) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including 

removal of obstructions to the free flow of interstate and foreign 

commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among the trade groups, by 

inducing and maintaining united action of labor and management 

under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promotin~ the fullest possible 

utilization of the present productive capacity ot industries, by avoiding undue restriction of production (except as may be temporarily 

required), by increasing the consumption of industrial and agricultural products thtough increasing purchasing power, by reducing 

and relieving unemployment, by improving standards of labor, and 

by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 employees; and is not classified by me as a major industry. 

(c) The Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without 

limitation Subsection (a) of Section 3, Subsection (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. 

(d) The Code is not designed to and will not permit monopolies 

or monopolistic practices. 

(e) The Code is not d signed to and will not eliminate or oppress 

small enterprises and will not operate to discriminate against them. 

(f) Those engaged in other steps~ of the economic process have 

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

Code. 

I wish to point out the fact that certain of the labor provi ions 

of this Code are subject to further consid ration and later revi ion, 

and are being approved primarily becau e of the existence of simihtr 
374 

provisions in approved competing Codes, to wit: the Code for the 

Crushed Stone, Sand and Gravel and Slag Industries, and the Code 

for the Builders' Supplies Trade Industry. It is my purpose to 

consider the advisibility of re-convening hearings on all' three of 

these Codes at a later date after proper notice, for the purpose of 

amending the labor provisions in these Codes with a view to more 

effectively spreading employment and improving living conditions for 

employees, and in so far as is equitable to maintain similarity in 

the labor requirements in these Codes. 

For these reasons, therefore, I have approved this Code. 

Respectfully, 

w .ASHINOTON, D.C., 

Febr'IJJaiJ"Y 27, 193./y. 

HuoH S. JoHNSoN, 

Administrator. 
CODE OF FAIR COMPETITION FOR THE READY MIXED 

CONCRETE INDUSTRY 

ARTICLE I-PURPOSE 

To effectuate the policies of Title I of the National Industrial 

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

Fair Competition for the Ready Mixed Concrete Industry and shall 

be binding upon every member of the Industry. 

ARTICLE II-DEFINITIONS 

SECTION 1. R eady Mixed Concrete lndustry.-As used in tills 

Code, the term" ready mixed concrete industry" includes the manufacture for sale, and sale by those who manufacture, of ready mixed 

concrete, whether manufactured at a central mixing plant or in 

transit1 or at the site of the work, and such related branches and 

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

provisions of this Code by the President, after such notice and hearing as he may prescribe. · SECTION 2. Employee.-The term "employee", as used herein, 

includes any and all persons engaged in the Industry however compensated, except a member of the Industry. 

SECTION 3. E1nployer.-The term "employer", as used herein, 

includes anyone by whom any such employee is compensated or 

employed. 

SECTION 4. Me1nber of the I ndustry.-The term" ~1ember of the 

Industry", as used herein, includes, but without limitation, any individual, partnership, association, corporation, or other form of enterprise engaged in the Industry, either as an employer or on his or it8 

own behalf. 

SECTION 5. R egion.-The term "region", as used herein, includes 

any one of the several parts of the United States established as hereinafter set forth in Article VI of this Code. 

SECTION 6. Marketing Area.-The term" marketing area", as used 

herein, includes any subdivision of any region or regions established 

pursuant to Article VI of this Code. 

SEcTION 7. Association.-The term "Association", as used herein, 

shall mean the National Ready Mixed Concrete Association, Inc. 

SECTION 8. Committee on Organization.-The term" Committee on 

Organization", as used herein, shall mean the committee of the Industry appointed to present this Code and to serve as the Code 

Authority as described in Article VI, Section 2, of this Code, until 

the members of such Code Authority have been regularly elected as 

hereinafter provided. SECTION 9. Code Authority.-The term" Code Authority", as used 

herein, shall mean the committee of the Industry, selec in accordance with the provision of Article VI, ection 2 of this Co le, for: 

the purpose of admini tering the provisions of this Code. 

(3i5) 
376 

SECTION 10. President Act, and Ad11uiln/ist'rator.-The terms " President", and "Act", and z'Administrator ", as used herein, shall mean, 

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

Recovery. 

ARTICLE III-HoURs 

SECTION 1. Working Time.-

( a) Except as set forth in Section 2 of this Article, no employee 

shall be permitted to work more than 40 hours per week, or more than 

6 days in any one week. 

(b) Emplbyers who personally perform manual work or are engaged on mechanical operations shall be subject to the extent permitted by the Act, to the same maximum hours as are provided in 

this Code for employees. 

(c) No employer shall knowingly engage any employee for any 

time which, when totaled with that previously performed 'Yith another employer in this Industry, exceeds the maximum hours herein 

specified. 

, SECTION 2. Ewceptions.- 1 (a) Truck Drivers mnd Dispatchers.-Except as provided in subsections (b) and (e) of this Section, no truck driver, helper, or dispatcher shall be permitted to work more than 44 hours per week, nor 

more than 6 days in any one week. 

(b) Emergency Ernployment.-Except as provided in subsection 

'(e) of this Section, the total number of working hours of employees 

engaged in emergency repair work involving breakdowns or protection of life or property, comprising not more than five (5) percent of 

the total number of employees, shall be not more than 48 in any one 

week. 

(c) Salesmen and M amagers.-The maximum hours specified in 

Section 1 of this Article shall not apply to commercial travelling 

salesmen, (not including truck drivers), or to employees engaged in 

executive or managerial capacities who receive not less than $35.00 

per week. 

(d) Watchmen.-The total number of working hours of employees 

engaged as watchmen shall not exceed 60 in any one week, nor shall 

any employee engaged as a watchman work more than 6 days in any 

one week. 

(e) Overtime Oompensation.-Employees who are compensated 

on an hourl:y basis may work in excess of the maximum hours prescribed herein, provided that not less than one and one-third times 

the normal hourly rate is paid for all time worked in excess of the 

maximum hours provided in this Article III. 

ARTICLE IV-WAGES 

SECTION 1. Rates of Pay.-

( a) Except as otherwise provided in subsection (b), (c), and (d) 

of this section, no employee shall be paid less than the minimum 

rates herein below specified opposite each division within cities of 

over 500,000 population and in the immediate trade area. of such 

city in such division, nor less than 5¢ per hour less than the rates 
377 

than 00 000 population or 

the immediat ra area of 

such i i in ·uch livisi n , n r l than 10 · l . than th rates 

hereinb l w pe ifi i in a ·h ity or pla of l . than 75,000 population in any . u h clivi ion unl s it is in ·luded in a trn 1 ar a. For 

the purpo e of thi l a trade ar a . hall b 1 fin d by th de 

Authority ·ubj ct t the approval of the A 1mini trat r, and populati n hall be d t rmined by the 1930 F c1 ral en u ·. Alabam~, G orgia, Florida, North Car lina S uth ar lina, Louiiana Mi 'i · ip1 i, T nn e , Arkan a , K ntu ky, T xa , Virginia, 

We t Virginia, N w J\lf xico and Arizona, 5 c nt p r hour. 

Delaware, ~a ryland, Di trict of Columbia, Colorad , 'Vyoming, Oklah ma, Utah, Montana, Idaho, W a ·hington Oregon, Nevada, 

and outhern clivi ·ion of California, 40 cent per hour. 

California (northern clivi ion), Illinoi , Indiana, P nn. ylvania, 

New Jer ey Nebra ka New York (except N w York it}), Vermont New Hamp hir Maine Ma achu tt , Conne ti ut Rh (le 

I land, ~1inne ota, North Dakota South Dakota Iowa Ohio ~1issouri, !Can as 'Visean in and Michigan, 45 cent p r hour. 

ity of New York, 50 ents per hour. 

The minimum rate of pay establi heel in this section hall apply 

only to common labor or totally unskilled labor; and killed labor 

shall be compensated at rates of pay higher than the rate herein 

provi ie L 

The South rn Divi ion of California, for the purpo es of this 

Code, include all of the State of California outh of the 36th North 

latitudinal line; and the Northern Divi ion of California includ s 

the remainder of the State of California. 

(b) Gene1·al 0 01np nsation I ncrease.-To the extent practicable, 

weekly earnings shall not be decreased, notwith tanding that hours 

of work may be reduced, an 1 rates of pay for occupation in exce ' 

of the minimum herein prescribed hall be increa eel o a to maintain differenc s in full time weekly earning exi ting on July 15, 

1933. Upon request of the Admini trator, r ports hall b furni hed 

cov ring uch adju tment . 

( ) lVatchm n.-The weekly wage for watchmen hall be not le s 

than $13.00 per week in Alabama Georgia, Flori la North Carolina South Carolina Loui iana 1\fi i ii pi Tenne e, Arkan as, 

Kentu ky Texa , Vir inia 'Ve t VirO'inia, N w J\tiexi o and Arizona, and not l s than $14.00 per we kin D laware, ~far land, Di . 

trict of Columbia, Colora lo, "\VyominD', Oklahoma Utah, ~f ntana, 

Idaho, Wa shington, Oregon, N vada, California, Illin i , Indiana, 

Penn lvania New J r ey Nebra ka, N w York Venn nt N w 

Hamr hire, JVL in , 1\1a achu. ett , Connecti ut Rh l I land ~finn sota North Dakota outh Dak ta, Io,Ya Ohi Mi uri !Can a , 

'Vi. on in an l ~fi hio·an. (d) A 'alari l Employe .-N ac ountinO', l rical or ffic mplo ·e ·hall b pail I than the rate of $15.00 per w k in any 

city f 50 000 or m re p pulation or in th imm liat tra e area f 

su h ity · or l than th rat of '14.0 1 r "' ek in an r it b tw n 

100,00 and 50 0 0 I opulati n or in th inun liat tra area f 

su h cit. · or l · than $1 . 0 p r w kin any city bel ' 100,000 pop-
378 

ulation, or in the immediate trade area of such city. Population for 

the purposes of thi paragraph shall be determined by reference to 

the 1930 Federal Census. 

(e) Piece Work 001npensation.-This section e tablishes a minimum rate of pay which ·hall apply irre pective of whether any 

employee is compen ated on a time rate, piece rate or other basis. 

(f) M thod of Payment.-An employer shall make payment of all 

wage due in lawful currency or by negotiable check therefor, payable on demand. Wages of employees paid on an hourly ba is shall 

be paid at least twice a nwnth and salaries at least once a 1nonth. 

The e wages shall be exempt from any payments for pensions, insurance, or sick benefits other than tho ·e voluntarily paid by wage 

earners. 

The employer or his agents shall accept no rebates, directly or indirectly, on such wage nor give anything of value or extend favors 

to any per on for the purpose of influencing rates of wages or the 

working condition of his employees. 

ARTICLE V-LABOR PRovr ro ~s 

SECTION 1. Right of Labor.-

( 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 de ignation of uch representatives or in 

self-organization or in other concerted activities for the purpo e of 

collective bargaining or other mutual aid or protection. · 

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

a.s 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 'Tith the maximum hour· of labor, 

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

SECTION 2. Child Labo1·.-No person under 16 year of age hall 

be employed in the industry, nor anyone under 18 years of age at 

occupations hazardous in nature or detrimental to health. In any 

State, an employer shall be deemed to l1ave complied with this provision if he hall have on file a certificate or permit duly is ued by the 

authority in uch State empowered to issue employment or age certifi ates or permits, showing that the employee is of the required 

age. 

ECTION 3. Labor Protection.- ( a) vVithin each State or ubdivision ther of, no pro vi ion of this 

Code hall super ede any laws of such State or ubchvi. ion imposing 

more stringent requirements on employers regulating the age of 

employees, wages, hours of work, or health, fire or general working 

conditions than are imposed under this Code. 

(b) No employer shall recla sify employees or dutie of occupations performed by employees, or engage in any other ubterfuge so 

as to defeat the purposes of the Act or of this Code. 

(c) Each employer shall po t in conspicuous and accessible places 

full copies of this Code. 
79 

(d) Ea h emplo r hall pr vid for the h alth and afety for 

his en ployee whil enga<Y d in th li ·l arg of th ir lu i . He 

hall not be relieved from pr t cting hi mpl ye ~ b. workm n's 

omp n ation in uran ·e a · ordin<Y to the amount.· r quir c1 in the 

tat of juri di tion. 

(e) Each employ r .-·hall aclmini ter work in hi · charge a to 

pro id a maximum pra ·ti abl ·ontinuity of emplo m nt f r his 

employee . (f) An emplo ee hall be paid at l at hi normal rat of pay for 

all time required to be spent at the place of employm n or in connecti n with th di ·charge of dube or uch emr loym nt. 

E TION 4. Ex isting Labor 0 ont1'act .-Labor agr ment now in 

for betw en individual member or groups of member and their 

employee hall be affected only by uch labor and hour provi ions 

in thi Cod a may pre cribe higher wage and . h rter hour than 

are pro i led for by uch agreements. 

SE TION 5. A ccident Pre ention.-E, ery member of the Indu try 

. hall lend hi ooperation and active upport to a program for the 

reduction of accident in the conduct of hi operation. . No member 

of the In lu try hall be p rmittecl to expo e hi emplo ees to unnece. arily clangerou working hazard an l case of culpable eli regard of the life an l health of emplo ees hall con titute a violation 

of thi Code. 

SE TION 6. Labor 01 Mixm·s at ite of W iftk.-Employee engaged 

at a mixing plant on the ite of a con truction project e tabli heel to 

. erve that project, shall not be ubject to the labor provision of this 

ode but hall be ubject to the labor provision of ·uch P ational 

Recovery Admini tration Code or Codes a may be applicable to the 

mployee on that con truction project. 

ARTICLE VI-An:i\IINISTRATION 

SE TION 1. Region .-For the purpo e of securing adequate repre- . ·entation in the national administration of this Code of Fair Competition, the United State shall be eli vided into seven region , as 

follow : 

Region ~o. 1. Main New Hamp hire Vermont ~Ia achu etts, 

'onnecticut Rhode I land, and New York. 

Region :No. 2. PennsylYania, New Jer ey, Delaware, Maryland, 

We -t Vir<Yinia Virginia and the Di trict of Columbia. 

Region To. 3. North Carolina outh Carolina, Georgia, Florida, 

4 labama 1 and ~1i issippi. 

R <Yion o. 4. 'Vi con in 1\-fi chi<Yan, Illinoi , In liana, Ohio Kentuck and T nn ee. 

R O'jon o. 5. N rth Dakota, outh Dak ta Minne ota Nebra lra, 

I wa ~fontana, and " Tyoming. 

Region o. 6. oloraclo Kan a ~Ii oun Oklahoma 

w ~I xi · Texa and Loui iana. 

R o·i n o. 7. "Ta ·hington, Or gon Idaho 

tah. an l riz na. 

E TI N 2. Oocl Autlzo1'ity.-

alif rnia 

rkan as 

Teva la ' 

(a.) To ff ctuate furth r th f th t th de 

A.uthorit i h r y c n titute • to ·oo rate with th A lmini trator 

]n th a ]mini trati n f thi ole. Th ode Auth rity hall n-
380 

sist of one representative from each of the regions described in 

Section 1 of this Article, elected by the mem.bers of the Industry 

within each region, subject to the provisions of Section 7 of this 

Article, by a fair method of selection to be approved by the Administrator, two ex officio members, consisting of the president and one 

staff member of the Association; and from one to three members, 

without power to vote, appointed by the Adn1inistrator, for such 

terms as he 1nay designate, such members appointed by the Administrator to act, without expense to the Industry, as his representatives 

or as representatives of such groups as he may designate. The Industry members of the Code Authorit.y shall be selected within 

ninety (90) days after the effective date of this Code. The elective 

Industry members of the Code Authority shall serve for one year, 

or until their successors are elected. · (b) Each trade association directly or indirectly participating 

in the election or activities of the Code Authority shall: ( 1) impose 

no inequitable restrictions on membership, and (2) submit to the 

Administrator true copies of its articles of association, by-laws, 

l'egulations, and any amendments when made thereto, together with 

such other information as to membership, organization, and activities as the Administrator may deem necessary to effectuate the purpose of the Act. 

(c) In order that the Code Authority shall at all times be truly 

representative of the 1nembers 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 selection of the Code 

Authority. 

(d) The Committee on Organization, together with not more than 

three representatives appointed by the Administrator, pursuant to 

subsection (a) of this section, shall act for and on behalf of the Code 

Authority and shall be charged with all of its duties until the members of such Code Authority have been regularly elected, as hereinbefore provided. The Committee on Organization shall be specifi- cally charged with arranging for the initial election of the Code 

Authority. 

SECTION 3. Marketing Areas.-To facilitate local organization and 

enforcement of this Code, and to provide suitable self-determination 

of local issues, within the scope of the powers granted under this 

Code and not inconsistent with it, members of the Industry supplying ready-mixed concrete in any area, subject to the approval of the 

Code Authority, may designate such area as a 17W'rketing area. Members of the Industry supplying ready-mixed concrete in such areas 

may elect such committees as are necessary to administer this Code 

in such areas, provided, however, that any action taken by them shall 

be subject to the review and approval of the Code Authority, either 

on its own motion or at the instance of any interested person and 

except that the Code Authority shall reserve final responsibility for 

the administration of the provisions of this Code. 

Members of such committees in such marketing areas shall be 

elected, subject to the provisions of Section 7 of this Article, by a f air 
381 

method to be approved by the Administrator, and hall r e for one 

year or until their successor are elected. 

SEcTION 4. Voting.-Ea h member of the Code Authority, Committees of Marketing Ar a , the Committee on Oraanization, and 

such other committees or ubcomm.ittees as may be app inted pur uant 

to this Code, shall be entitled to one vote in the proc edings thereof 

and a majority vote shall govern. 

SECTION 5. A rbitration.- Complaints or ontrov r i , involving 

labor, the consuming interests, or other groups out ide of the Indus- try, may be referred, with the consent of both parties to the controversy, to an Arbitration Board, composed of an equal number of 

representatives, not exceeding three members, of each of the groups 

involved in the controversy, together with a neutral arbiter selected 

by the appointed members of the Arbitration Board. 

SECTION 6. Statistics.-

(a) All member of the Industry shall file with the Association 

such reports as may be required by the Code Authority with respect 

to hours of labor, rates of wages, production, stocks on hand, sales 

and such other information as may be necessary to the administration 

of this Code. All records so filed with the Association shall be confidential documents, except that they may be published in summary 

and except that they shall be made available upon request to the 

Administrator and to such impartial agency as the Code Authority 

may designat€ where necessary to facilitate the admini tration of the 

Code. The Code Authority shall make such reports to the Administrator as he may request. 

(b) In addition to information required to be submitted to the 

Code Authority, members of the industry shall furnish to such 

Federal and State agencie a the Administrator may designate, such 

statistical information as the Administrator may deem necessary 

for the purposes recited in Section 3 (a) of the Act, and nothing in 

this Code shall relieve any person of any exi ting obligation to 

furnish reports to Government agencies. 

SEcTION 7. Adndnistrative E xpense.-Only those members of the 

Indu try who assent to and comply with the requirements of tllis 

Code and su tain their reasonable share of the expenses of its administration shall be entitled to participate in an share the benefits 

of the activities of the Code Authority and to participate in the selection of the members thereof and to use the National Recovery Administration Code insignia. A reasonable hare of the expenses of 

administration shall be determined by the Code Authority, on the 

basis of volume of busine s and/ or such other factors as may be 

d emed equitable to be taken into con ideration. 

ECTION 8. Right of Appeal.-Appeal from an. deci ion by committe s within marketing area or by the Code uthority may be 

taken to the Code Authority or to the Admini trator, respectiveb. 

SECTION 9. If the A lmini trator shall d t rmine that an action 

of a code authority or any agen y thereof may be unfair or unju t 

or contrary to the public inter t, the Administrator may requir that 

such action be suspended to afford an opportunity for inv tiaation 

of the merits of such action and further onsideration b uch code 

authority or agency pen ing final action which shall not be effective 

unless the Administrator approves or unle he hall fail to di ap-
382 

prove after thirty days' notice to him of intention to proceed with 

such action in its original or modified form. 

ARTICLE VII-TRADE PRAC'l'ICES 

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

unfair methods of competition for members of the Industry and are 

prohibited : 

(a) S ecret Rebates.-No member of the Industry shall make or 

permit any secret rebate, refund, credit, or unearned discount in the 

form of money or otherwise, nor shall he extend to certain purchasers 

any special price or privilege not extended to all purchasers under 

like terms and conditions. 

(b) Payment of Oommission.-No member of the Industry shall 

secretly pay or promise to pay to a customer or employee of a customer a commission or consideration of any character for the purpose of inducing or compensating for a sale. 

(c) Commercial Bribery.-No member of the Industry shall give, 

permit to be given, or directly offer to give, anything of value for 

the purpose of influencing or rewarding the action of any employee, 

agent, or representative of another in relation to the business of the 

employer of such employee, the principal of such agent or the 

represented party, without the knowledge of such employer, principal, or party. This provision shall not be construed to prohibit 

free and general distribution of articles commonly used for advertising, except so far as such articles are actually used for commercial 

bribery as hereinabove defined. 

(d) Interference with Another's Oontraots.-No member of the 

Industry shall attempt to induce the brewch of an existing contract 

between a competitor and his employee or customer or source of 

supply; nor shall any such member interfere with or obstruct the 

performance of such contractual duties or services. 

(e) Defa?nation.-N o member of the Industry shall defame a 

competitor by words or acts, falsely imputing to him dishonorable 

conduct, inability to perform contracts or questionable credit standing, or by the false disparagement of the grade or quality of his 

material. 

(f) Misrepresentation.-No member of the Industry shall sell or 

offer for sale any product of the Industry with intent to deceive 

customers or prospective customers as to the quality, quantity, size, 

grade or substance of such product. 

(g) Unit of Sale.-No member of the Industry shall sell his 

product except on a nnit cubic yard basis, and measurement shall be 

made in accordance with Section 31 of the Tentative Specifications 

for Ready Mixed Concrete of the American Society for Testing 

Materials? which is quoted below, or subsequent revisions thereof: 

' 31. The basis of measurement of the concrete shall be the 

cubic yard. The quantity of concrete l?roduced by a given 

combination of materials may be determined by n1easurement 

in a standard measure or may be calculated from the absolute 

volumes of the separate ingredients as determined from the 

weight of each used in a batch and its specific gravity. When 

the latter method is used, proper correction shall be made for 

the free and absorbed moisture content of the aggregate." 
383 

(h) Lump Swm Bidding or Contingent Selling.-No member of 

the Industry shall enter into any contract for furni hing any of his 

product contingent upon the sale or purchase of any other thing, the 

performance of any oth r service, or any other contingency not ap~earing in the contract or complying with this Code. 

i) Waiting Time for TruchJ.-Members of the In try hall 

rna e quotations of price subject to a charge for waiting time for 

trucks in excess of a maximum time established by the C mrnittee of 

the Marketin~ Area, subject to the approval of the Code Authority 

and the Adnunistrator. 

(j) Bid Peddling.-The members of the Industry pledge their full 

cooperation in the elimination of the practice known as ' bid 

peddling ' , and which is denounced as an unfair trade practice for 

the Construction Industry as defined in such basic Code of Fair 

Competition for the Construction Industry as may be approved by 

the President. 

(k) Enticement of Employees.-N o member of the Industry shall 

maliciously entice employees from a competitor for the purpose of 

interfering with his business. However, nothing in this paragraph 

shall prevent any employee from offering his services to a competitor, 

nor prevent any employer• from employ1ng the employee of another 

member of the Industry where the initiative in such change is taken 

by the employee. 

(I) Jobbers and Distributors.-

1. All members of the Industry shall give preference in purchase 

of materials to a material producer or dealer who complies with 

the provisions of the Code of Fair Competition, if any, of the 

Industry by which the producer andjor dealer is bound. 

2. No member of the Industry shall indirectly violate this Code 

by disposing of his industry products through a middleman whom 

he controls by stock ownership or any other form of ownership, and 

who does not adhere to the standards of fair competition established 

by the Code. 

SECTION 2. 0 ost Determination.-

( a) Uniform Oost Accownti:ng.-The Code Authority shall formulate and submit to the Administrator for his approval a uniform 

costing and accounting system or method. After such approval, all 

members of the Industry shall adhere to such uniform costing and 

acCOll.Q.ting system7 or to such other system which conforms to the 

principles of and 1s at least as detailed and complete as the system 

so approved; to the extent of incorporating in their calculations of 

cost all of the elements of prime co t and such other items of co t 

as may be :prescribed by such system. 

(b) Sell~ng Below Oost.-No member of the Industry shall sell 

his product at les than an amount equal to his prime co t thereof, 

plus ten ( 10) per ent, except as pro ided in this sub e tion (b) 

and in sub ection (c) of thi Section; provided howe er that this 

perc ntage shall be ubject to re i ion by th Admini trator aft r 

such notice and he ring a he may require. Such prime c t shall 

be compute l in accordan with the uniform co tin an a untino- system as de ribed in ub ection (a) abm e an ·hall in lu e 

c st of ingredient , tran portation and all oth r it m f co t exclu ive of return on capital inve ted, in r t on b IT ' d apital, 
384 

administration, reserves, and selling expense. The cost of purchased ingredients of the concrete shall be taken as the invoice price 

thereof. Where one or more of the ingredients for the concrete are 

manufactured by a member of the Industry, their cost shall be taken 

as the regular sales price quoted for such ingredient~ for sale to 

others at the same point of delivery and under similar conditions 

of sale. 

The foregoing provisions of this subsection shall not prevent a 

member of the Industry from meeting the competition of another 

member of the Industry, provided, however, that the ~ale or price 

quotation of that member of the Industry whose competition i~ 

met pursuant to this provision shall constitute a violation of this 

Code if such sale or quotation is at less than his own prime cost 

plus 10% as hereinbefore defined. 

(c) Open Price Policy.-The committee of any marketing area, 

if 1t so elects and subject to the approval of the Code Authority 

and subject also to the provisions of subsection (b) of this section, 

may adopt for the members of the Industry selling within that 

marketing area the following open price policy: 

In each marketing area where the' open price' policy is adopted 

each member of the Industry selling within the marketing ·area shall 

file with the committee of the marketing area, not less than, nor more 

than, five (5) days in advance of the effective date thereof, all prices, 

terms, and conditions of sale for his products, f.o.b. delivery point. 

Such prices, terms, and conditions of sale shall continue in effect 

until other prices, terms, and conditions of sale have been duly filed 

as hereinbefore provided. The committee of the marketing area 

immediately shall cause copies of all such price lists filed with it to 

be distributed among the members of the Industry selling within 

the marketing area, and to be made available for public information. 

Any member of the Industry selling within a marketing area may 

file revised lists to meet the prices, terms, and conditions of sale of 

any other member of the Industry, established by the above method, 

as of their effective date. 

Any deviation by a member of the Industry selling within the 

marketing area from his prices, terms, and conditions of sale, established by the above method, except as hereinbefore provided, shall 

constitute a violation of this Code.* 

SECTION 3. Uniform Terms of Sale and Oredit Practices.-

(a) Subject to the approval of the Code Authority, members of the 

Industry within any marketing area may establish uniform terms of 

sale and credit practices, which, when approved by the Administrator, shall be binding upon all members of the Industry selling 

in such marketing area. 

(b) Nothing in this section shall be construed as permitting of 

agreements to fix uniform selling prices. 

SECTION 4. Production 0 apacity and New' Production.-

( a) To promote the fullest possible utilization of the present productive capacity of the ready mixed concrete manufacturing Industry, and to effectuate the other purposes of the Act, the Code Authority shall be charged with the duty of conducting a survey for the 

purpose of developing information concerning existing productive 

• See paragraph 2 of order approving this Code. 
385 

capacity and current and pot ntial ·demands for the product of this 

Indu try in each marketing area and from time to time hall make 

recommendations to the Admini trator for the e tabli hment of uch 

regulations as may be neces ary to avoid the agO'ravation of the 

condition of overcapacity which may exi t in any marketing area. 

(b) Any group of members of the Indu try may agree not to be 

a party to any action which will increa e the prodncti e ·apacity 

within any marketing area. All su h agreement hall be reYi wed 

by the Cod Auth rity and shall not become effective until approved 

by it. Such agreem nt may be cancelled by the ode Au ·l10rit) or 

by the Administrator, whenever either of them may determine that 

su h agreement do not effectuate the purpo. ·es of thi. od an l of 

the Act. Any party to such agreement may withdraw therefrom 

on written notice to the other parties to the agreement at their last 

known addres es, and to the Code Authority. 

The provisions of this ection hall not be con trued as limiting 

in any way the interchange of equjpment among m mber of the 

Industry within a marketing area, or as preventing any member o:f 

the Indu try from improving the efficiency of his plant or equipment 

through the installation of new machinery, or adopting uch methods 

as will lower production costs. 

ARTICLE VIII-MoDIFICATION 

SRcTro~ 1. Statutory 'P1·ovisions.-This Code and all the provi ions 

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-1 

licen e, rule or regulation issued under Title I of said Act, and 

specifically, but without limitation, to the right of the Pre ident to 

cancel or modify his approval of this Code or any conditions imposed 

by him upon his approval thereof. 

SE TION 2. Amend1nents.-This Code, except as to provi ions required by the Act, may be modified on the ba is of experience or 

changes in circumstances, such modifications to be ba ed upon application to the Administrator and such notice and hearing as he shall 

specify and to become effecti\'e on approval of the Admini trator. 

ARTICLE IX-~fONOPOLIES 

No pro vi ion of this Code shall be o applied a to permit monopolie or monopolistic practice , or to eliminate, oppre or discriminate against small enterprises. 

ARTICLE X-EFFECTIVE DATE 

This Code hall become effective on the begjnning of the tenth day 

aft r its approval by the Pre ident and shall cea e to be in effect 

at the expiration of two years aft r the date of enactment f he A t, 

or ooner if the President shall by proclamation or the Congress 

hall by joint resolution de ·lare that the emergen y rec gnized by 

the A t has ended. 

Approv c1 ode No. 311. 

Regi try No. 1011-05. 

0 


UNIVERSITY OF FLORIDA 

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