Registry No. 618-43 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

PAINTING AND DECORATING 

INDUSTRY 

AS SUBMITTED ON AUGUST 28, 1933 

UNIV. OF· FL LI . 

DOCLJ " E T. 

I .., 

AO".') ~ - - -.. 

-------~-J 

The Code for the Painting and Decorating Industry 

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

industry, and none of the provisions contained therein are 

to be regarded as having received the appro val of 

the National Recovery Administration 

as applying to this industry 

f 

UNITED STATES 

GOVERNMENT PRINTING OF FICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D .C. • • ( 

I ~ I I 

I 
SUBMITTED BY 

PAINTING CONTRACTORS' ASSOCIATION 

CHICAGO, ILLINOIS 

(II) 
CODE OF FAIR COMPETITION FOR THE PAINTING AND 

DECORATING INDUSTRY 

SUBMITTED FOR APPROVAL BY THE PAINTING CONTRACTORS' 

ASSOCIATION, CHICAGO, ILLINOIS 

The Painting Contractors' Association is an Association composed 

of Employers of Labor in the Painting and Decorating Industry in 

Chicago, Illinois, and vicinity, including the towns of Berwyn, Cicero, 

Evanston, La Grange, Maywood, Oak Park, River Forest, and 

Waukegan, all in Illinois. The Membership of this Association consists of employers of skilled labor in the Painting and Decorating 

Industry who can be relied upon as to honesty and responsibility in 

their undertakings. 

To effectuate the policy of Title I of the National Industrial Recovery 

Act, during the period of the emergency, by reducing and relieving 

unemployment, improving the standards of labor, eliminating competitive practices and methods of competition destructive and injurious to the interests of the Employers, Employees, and the Public, 

in al1 that concerns the Painting and Decorating Industry, and to 

otherwise rehabilitate and in1prove conditions in the Painting and 

Decorating Industry, the following provisions are established as a 

Code of Fair Competition for the Paintjng and Decorating Industry. 

ARTICLE 1-DEFINITIONS 

(a) As used herein the term "Painting and Decorating Industry'' ·shall mean the application of painting materials of all kinds and 

descriptions in and on all buildings, structures, and parts of buildings 

and structures and including parts of buildings and structures finished 

or partly finished before being delivered at the buildings or structures 

and all wood finishing and/or work of a decorative nature and all 

preparatory work necessary and/or incidental to painting and decorating and all renovating and/or cleaning work and work pertaining to 

renovating and cleaning structures and buildings and parts thereof 

and the installation of hangings and ceiling and wall coverings in 

buildings and structures as is now customary and as is now practiced 

in the Painting and Decorating Industry. 

(b) The term "Employer" shall mean any person or persons 

who employ labor in the execution and performance of any work in 

the painting and decorating industry as described herein. 

(c) The term "Employees" shall mean all persons employed in 

the painting and decorating industry. 

(d) The term "Effective date" shall mean fifteen (15) days after 

this Code shall have been approved by the President. 

(e) The term "Person" shall mean any individual, partnership, 

.association, trust or corporation. 

9131-33 (1) 
2 

ARTICLE 2-MINIMUM WAGE 

The minimum wage that shall be paid by employers to any of their 

employees who are skilled craftsmen shall be ONE DOLLAR AND 

FIFTY CENTS ($1.50) per hour. 

ARTICLE 3-MAXIMUM HOURS 

The maximum number of hours that a skilled craftsman in the 

painting and decorating industry shall work, or shall be permitted or 

directed to work, by his employer, shall not exceed SIX (6) hours per 

day or be more than THIRTY (30) hours in any one week. This 

provision as to maximum number of hours per day and per week 

shall not apply to office or administration help, foremen, superintendents or casual labor incidental to the painting and decorating 

industry. 

ARTICLE 4-REPORTS 

Every employer shall keep complete and accurate records of allhis 

employees, the hours and days worked by his employees, and also a 

record of receipts and disbursements as to everything concerning 

his activity in the painting and decorating industry to enable said 

employer to furnish reports and information as may be required by the 

President or Administrator of this Act to determine the observance 

and effectiveness of this Code, and as to whether or not the painting 

and decorating indu,;try is taking appropriate steps to comply with the 

declared policy of the National Industrial Recovery Act. 

ARTICLE 5-PRovisioNs FROM RECOVERY AcT 

(1) Employees shall have the right to organize and bargain col- lectively through representatives of their own choosing and shall be 

free from the interference, restraint, or coercion of employers of 

labor, or their agents, in the designation of such representatives or 

in self-organization or in concerted activities for the purpose of col- lective bargaining or other mutual aid or protection. 

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

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

fron1 joining, organizing, or assisting a labor organization of his own 

choosing. 

(3) Employers shall comply with the ma},_imum hours of labor, 

n1inimum rates of pay, and other conditions of employment, approved 

or prescribed by the President. 

ARTICLE 6-UNFAIR PRACTICES 

(a) Employers shall not sell their services nor perform any work in 

the painting and decorating industry below cost to them to the detriment of their competitors in the painting and decorating industry. 

(b) An employer shall not induce an Architect, General Contractor, 

Owner, Building Manager, or any other persons whatsoever to grant 

a secret payment of allowances, rebates, refunds, commissions, or 

unearned discounts either in money or in anything of value or to 

secretly extend or accept special privileges not extended to all 
3 

employers in the painting and decorating industry with the intent 

and/or effect of injuring a competitor in the painting and decorating 

industry. 

(c) All employers of labor in the painting and decorating industry 

have the right to expect, where competitive bids are requested, that 

the contract will be awarded to the employer whose bid in itseH is 

most acceptable. Any violation of this practice, or by any person 

calling for or receiving bids, and any acceptance of the benefits thereof 

by an employer shall be considered unfair competition not in accordance with the spirit and the intent of the National Industrial Recovery 

Act and shall be considered as a violation of said Act and of this Code 

and shall be reported to the Administrator of said Act. 

(d) It shall be considered an unfair trade practice and unfair competition to divulge, or to in any manner convey to others, information 

relating to bids received, for the purpose of receiving a lower bid or 

to otherwise influence prices. 

(e) An employer shall at all times present a fair and equitable bid 

upon the work and it shall be considered an unfair trade practice and 

unfair competition to revise such bid for the purpose of gaining an 

advantage over a competitor whose bid was lower at the outset. If 

there are changes in plans and specifications, his revised bid shall reflect 

only the value of such changes; except for such changes he shall make 

only one tender upon the job. 

ARTICLE 7-LICENSES 

The Painting Contractors' Association believes that it is essential 

to the effectiveness of this Code, or any Code relating to the industry, 

that employers in the painting and decorating industry be licensed. 

(a) Upon the approval of this Code by the President, all employers 

of skilled labor in the painting and decorating industry shall be 

considered to be and are hereby declared to be licensed employers of 

skilled labor in the painting and decorating industry. 

(b) A violation of any of the provisions of this Code relating to the 

maximum hours of labor and the minimum rates of pay as provided 

in Article #2, paragraphs A and B, by any employer shall cause the 

license of such employer to be revoked and his right to operate as an 

employer of skilled and apprentice labor in the painting and decorating industry shall thereupon cease. 

(c) If any employer, whose license has been revoked, shall continue 

to operate as an employer of skilled labor in the painting and decorating industry, he shall be subject to the penalties provided for by the 

Laws of the United Sts:ttes for such conduct. 

ARTICLE 8-INEQUITABLE RESTRICTIONS 

The Painting Contractors' Association shall impose no inequitable 

restriction on admission to n1embership in the Association and nothing 

in this Code is intended or designed to promote a monopoly for the 

benefit of the members of the Association nor to eliminate, oppress, or 

discriminate against employers of this industry who are not members 

of this Association. 
4 

ARTICLE 9-AGREEMENT WITH ATIONAL INDUSTRIAL RECOVERY AcT 

Employers of skilled labor in the painting and decorating industry 

will enter into any mutual agreement, and abide thereby, which shall 

have for its purpose, the establishment of the maximum hour$ of labor 

and minirnum rates of pay, together with fair trade practices, as will 

effectuate the policies and provisions of the National Industrial Recovery Act. Such employers agree to exert every means of patience, 

diligence, and fairness in assisting all employers of labor in the painting and decorating industry to understand and abide by the purposes 

and intent of the National Industrial Recovery Act, and to assist in 

the proper administration of the purposes of said Act by reporting and 

assisting in the prosecution of all violations of this Code for the Painting and Decorating Industry as approved by the President. 

ARTICLE 10-QUALIFICATIONS OF EMPLOYERS 

All employers of labor in the painting and decorating industry shall 

be capable of completing and shall complete contracts strictly in accordance with specifications, samples submitted, or representation 

made prior to securing the contract. 

It is understood that any of the provisions of this Code may be 

modified, with the approval of the President, in such manner as may 

be indicated by the needs of the Public, changes of circumstances or 

by experience and it is also understood that from time to time additional or supplementary Codes may be submitted, as circumstances 

seem to require. 

The Painting Contractors' Association has compiled the foregoing 

provisions for the minimum wage and maximum hours of employment, both of which are agreeable to the employers and employees, 

in the Painting and Decorating Industry. Together with these major 

provisions, ,Ye have submitted what experience has proven to the 

employers and ernployees this Code of fair trade practices which will 

be for the best interests of the Public, the Employee, the Employer, 

and pledges itself to be in full accord with the spirit and intent of the 

National Industrial Recovery Act in the nation-,vide plan to raise 

wages, create employment and thus increase purchasing power and 

restore business. 

I, Chas. B. Hart, Secretary of the Painting Contractors' Association, do hereby certify that the foregoing is a true copy of the preliminary Code of fair con1petition presented to and approved by the 

meeting of the Trustees of said Association duly called and held at 

the Offices of the Association, 32 West Randolph Street, Room #1318, 

Chicago, Illinois, on the 10th day of August 1933, and referred to 

in the Resolution adopted by the said Trustees at such meeting and 

certified copy is submitted, herewith, dated August 10th, 1933. 

CHAS. B. HART, Secretary. 

Resolved, that the Board of Trustees of the Painting Contractors' 

Association is authorized and directed to cause application to be made 

to the President of the United States and to the Administrator under 

the National Industrial Recovery Act for approval of the proposed 

preliminary Code for the Painting and Decorating Industry, as 

approved at this meeting, with such modifications or additions as 
5 

the said Board of Trustees shall approve, with full power to provide 

for the representation of this Association before such Authorities in 

all matters relating to the Code and its construction and the action 

of said Authorities thereon. 

I, Chas. B. Hart, Secretary of the Painting Contractors' Association, do hereby certify that the foregoing is a true copy of a Resolution duly adopted by the Painting Contractors' Association at a 

meeting of the Trustees thereof at a meeting called and held at 32 

West Randolph Street, Chicago, Illinois, on the 10th day of August 

1933. 

Dated this 15th day of August 1933. 

CHAS. B. HART, Secretary. 

Be it hereby resolved, that Painters' District Council No. 14 unanimously approves the CODE for painters, submitted above by the 

Painting Contractors' ·Association of Chicago, Illinois, and recommends that same be adopted. 

p AINTERS' DISTRICT COUNCIL N 0. 14, 

A. W. WALLACE, Secretary-Treasurer. 

0 

• 
UNIVERSITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIII IIIIII IIII II IIIIII IIII II IIIII I I 

3 1262 08851 8146 

•