Approved Code No. 244A-Subdivision No. 1 Registry No. 1616-141 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

HIGHWAY CONTRACTORS 

INDUSTRY 

(A Subdivision of the General Contractors Division of the 

Construction Industry) 

AS APPROVED ON MARCH 16, 1935 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PARr 

U.S. DEt-~TORY 

UNITED STATES 

GOVEI~NMENT PRINTING OFFICE 

WASHINGTON: 1935 

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Approved Code No. 244A-Subdivision No. 1 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

HIGHWAY CONTRACT·ORS INDUSTRY 

As Approved on March 16, 1935 

BY 

PRESIDENT ROOSEVELT 

EXECUTIVE ORDER 

SUPPLEMENTARY CoDE oF FAIR CoMPETITION FOR THE HmHW A y 

CoNTRACTORs INDUSTRY 

A SUBDIVISION OF THE GENERAL CONTRACTORS DIVISION OF THE 

CONSTRUCTION INDUSTRY 

An application having been duly made, pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

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

compliance with the provisions of Section 5 of Article VIII of 

Chapter I, approved January 31, 1934, and pursuant to and in full 

compliance with the provisions of Section 2 of Article I of Chapter II, approved February 17, 1934, of the Code of Fair Competition for the Construction Industry, for approval of Subchapter II-C 

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

Highway Contractors Subdivision of the General Contractors Division of the Construction Industry, and hearings having been held 

thereon, and the National Industrial Recovery Board having rendered its report containing an analysis of said Subchapter II-C and 

of said Code of Fair Competition as amended by the addition thereto of said Subchapter II-C, together with its recommendations and 

findings with respect thereto, and the National Industrial Recovery 

Board having found that the said Subchapter II-C and the said 

Code of Fair Competition, as amended by the addition thereto of 

said Subchapter II-C, complies in all respects with the pertinent 

provisions of Title I of said Act, and that the requirements of 

clauses (1) and (2) of subsection (a) of Section 3 of said Act have 

been met: 

NOW, THEREFORE, I , Franklin D. Roosevelt, President of 

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

I of the National Industrial Recovery Act, approved June 16~ 1933, 

122809°----1603-99----35 (1) 
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-C be and it is hereby approved, and that 

the previous approval of said Code of Fair Competition for the 

Construction Industry is hereby amended to include an approval 

of said Code in its entirety as supplemented by said Subchapter 

II-C: 

PROVIDED, HO,iVEVER, that the operation of Section 6, 

Mutual Ag1·ee1nents, of Article III, may be reviewed by the National 

Industrial Recovery Board within sixty ( 60) days after the effective 

date of this Subchapter II-C 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 6 .be immediately stayed 

pending my further order. 

FRANKLIN D. RoosEVELT. 

Approval recommended: 

NATIONAL INDUSTRIAL RECOVERY BoARD, 

By w. A. HARRIMAN, 

Administrative Officer. 

THE WmTE HousE, 

March 16, 1935. 
REPORT TO THE PRESIDENT 

THE PRESIDENT, 

The White H o'use. 

Srn: This is a report on the Highway Contractors Subdivision of 

the General Contractors Division, described us Chapter II and approved by you on February 17, 1934, of the Code of Fair Compe'li· tion for the Construction Industry. This Subuivision described as 

Chapter II-C as submitted by the Associated General Contractors 

of America, Inc., has been revised subsequent to Public H earing conducted in ·vvashington on May 21, 1934, in accordance with the provjsions of the National Industrial Recovery Act. 

THE INDUSTRY 

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

otherwise directs and/ or superintends and/ or coordinates andj or executes substantially in its entirety the work of highway contracting 

costing $1,000 or more and excluding only buildings and heavy construction and railroad construction. 

PROVISIONS FOR HOUTIS AND WAGES 

The limitations as to hours of employment provided in Subdivision B of Section 2 of Article III of Chapter I, apply to members 

of this Subdivision with the following exceptions: 

(a) vVatchmen, who shall not be permitted to work in excess 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 and/ or field clerks and camp 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 dollar ($35.00) per week, who shall not be permitted to 

work in exce s of the maximum hours prescribed for the employee 

supervised, plus a tolerance of fifteen (15) percent. 

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

provisions governing methods of payment of waaes, deductions, and 

regulations for members performing manual work, reclas ification 

of employees, afety 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 

Since this Subchapter is merely an extension and amplification of 

the general provi ions contained in the Divisional Code of Fair Competition for the General Contractors Division of the Construction 

Industry under which the Highway Contractors are already codified, 

the approval of this Subchapter will have no other effect than the 

benefit which will accrue to this Subdivision of the Industry 

through closer cooperation of its members and more detailed regulations than are provided in the General Contractors Divisional Code. 

The total volume of business done by the Industry as defined in 

this Subchapter averaged in 1929, $562,000,000 and declined to $456,-

327,000 in 1933. 

The approximate number of employees in the Industry including 

those employed on part time, seasonal and other bases of employment in 1929 averaged 509,595 and in 1933 had declined to approximately 4 72,97 4. 

There are approximately 115 clas ifications of labor employed on 

highway construction included in this Subdivision. In general the 

workmen can be subdivided into three classifications, unskilled, 

semi-skilled, and skilled. However, no data are as yet available as 

to the number of proportions in each classification. A further factor 

that makes determination of total actual employment difficult in this 

Subdivision of the Industry is the effect of weather on actual working time. Wage scales vary from area to area for each classification 

of work, consequently it is difficult to give a comprehensive general 

picture without a detailed study being made. This Subdivisional 

Code, however, was drafted for administrative purposes. It is hoped 

that by setting up the admini trative channels through which the 

Code can be enforced, the increa eel compliance will gTeatly benefit 

members of the Industry. 

The Deputy Administrator in his final report to the National Industrial Recovery Board on said Subchapter of the General Contractors Chapter of the Construction Industry having found as 

herein set forth and on the basi. of all the proceedings in this matter; 

The Board finds that: 

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

of Title I of theN ational Industrial Recovery Act, including removal 

of obstructions to the free flow of interstate and foreign commerce 

which t~md 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 sanction 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 aO'ricultural products 

through increasing purchasing power, by reducing and relieving 

unemployment, by improving standards of labor, and by otherwise 

rehabilitating industry. 
5 

(b) Said High way Contractors Subchapter of the General Contractors Chapter of the Code of Fair Competition for the Constructjon Industry 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 Sec-· 

tion 10 thereof; and that the applicant association is an industrial 

association truly representative of the aforesaid Industry ; and that 

said association imposes no inequitable restrictions on admission to 

membership therein. 

(c) Said Highway Contractors Subchapter of the General Contractors Chapter of the Code of Fair Competition for the Construction Industry is not designed to and will not permit monopolies or 

monopolistic practices. 

(d) Said Highway 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 will not operate to discriminate against them. 

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

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

Highway Contractors Subchapter of the General Contractors Divisjon of the Code of Fair Competition for the Construction Industry. 

For these reasons, therefore, the National Industrial Recovery 

Board reconnnends approval of said Highway Contractors Sub- 1 

chapter of the General Contractors Chapter of the Code of Fair 

Competition for the Construction Industry; with the proviso con- 1 

tained in the Executive Order for further review and possible stay 1 of Section 6 of Article III, which pertains to :Mutual Agreements. 

For the National Industrial Recovery Board: 

w. A. HARRIMAN' 

MARCH 13, 1935. 

Administrative Officer. 
CHAPTER II -C 

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE HIGHWAY CONTRACTORS INDUSTRY 

A SUBDIVISION OF THE GENERAL CONTRACTORS DIVISION OF THE 

CONSTRUCTION INDUSTRY 

ARTICLE I-APPLICATION 

The provisions of this Chapter shall apply to the Highway Contractors Subdivision of the General Contractors Division of the 

Construction Industry (as defined herein) excluding operations 

therein undertaken before the effective date hereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The Highway Oont1·actor.-The term "Highway Contractor" or "member of this Subdivision" as used herein means 

a general contractor as defined in Section I, Article I, Chapter II 

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

includes without limitation any individual, partnership, association, 

trust, trustee, trustee in bankruptcy, receiver, corporation or agency 

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

superintend, coordinate or execute, directly or through others, the 

work of con tructing substantially in its entirety, any fixed structure 

an l other improvements, or m.odification thereof or an addition or 

repair thereto, including any structure or operation which is an incidental part thereof, including without limitation, except as specified 

hereafter, operations and services, such as transportation with equipment owned and operated by the highway contractor on his own contract, roads, streets, alleys, side walks, guard rails and fences, parkways, parking a·reas, airports, bridle paths, athletic fields, highway 

bridg-es, grade separations involving highways, light construction, 

sewage and waterworks improvements, excluding any such operation 

aggregating in its entirety less than the sum of $1,000.00, and excluding only buildings as defined in Chapter II-A, and heavy construc- tion and railroad construction, as defined in Chapter II-B. 

SEcTION 2. Highw-ay Oontracting.-The term "Highway Contractinb"" as used her in means without limitation operations performed by a Highway Contractor as defined in the foregoing Section. 

SECTION 3. Visiting 0 ontractor.-A "Visiting Contractor " means 

a contractor bidding on and/ or performing work within this Subdi- vision in a locality other than that in which he customarily maintains 

an office. 

SECTION 4. Divisional Code Autho1·ity.-The term "Divisional 

Code Authority" for the purposes of this Chapter shall mean the 

(6) 
7 

Code Authority established under Section I of Subdivision A of 

Article II of Chapter II for the General Contractors Division of the 

Construction Industry. SECTION 5. Olassification.-Any operations within the definition 

of Article II of Chapter I of this Code, 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 Divi ion with 

his own for ces be included in and be a part of the activities of this 

Subdivision. Nothing herein shall be con trued 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 6. Association.-The term "Association " as used herein 

shall mean the Associated General Contractors of America. 

SECTION 7. Subcontractmn.-(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 Highway 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 Highway Contractor as herein defined shall be construed as a :Highway Contractor and be subj ect to 

all of the provisions of this Code. However, nothing herein shall be 

construed as exempting such Subcontractor from comr lying with the 

more stringent requirements of another Chapter or Subchapter of this 

Code to which he may be subject. 

SEcTioN 8. State Oommittee.-The term "State Committee" shall 

mean a committee functioning in a State or a territory of the United 

States or the District of Columbia for the purpose of administering 

the Code applicable to the Subdivision within the State, territory, 

or District of Columbia. 

SECTION 9. State.- The term "State" as used herein shall n1can a 

State or a territory of the United States or the Distl·ict of Columbia. 

SECTION 10. This Oode.-The term" this Code" for the purpose of 

this Subchapter means and includes Chapter I, Chapter II, and Chapter II-C of the Code of Fair Competition for the Construction Industry. Chapter I and Chapter II hall apply except as herein S] ecifically provided. In their ap1lication herein the provisions of Chapter II hall prevail over conflicting provisions of Chapter I, and the 

provi ions of Chapter II-C hall prevail over confLicting provi ions 

of Chapter I and Chapter II. 

ARTICLE III-HouRs, \V AGE AND CoNDITION F EMPLOYMENT 

SECTION 1: H ou?'s.-The limitations as to hours of employment 

provided in Subdivision B of Section 2 of Article III of Chapter I 

of thi Code hall not apply to the following: 

(a) \V atchmen, who shall not be permitted to w rk in excess of 

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

limitation upon the hours of watchmen when hous l on th w rk, 

provided, howev r, that no wat hmen shall b permitted to work 

more than six ( 6) days in any one ( 1) week. 
8 

(b) Job and/or field clerks and camp 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 ($35.00) dollars per week, who shall not be permitted to 

work in excess of the maximum hours prescribed for the employee 

supervised, pi us a tolerance of fifteen ( 15) percent. 

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

em:r:Ioyment conferred in Subsections 3 (a), 3 (b) and 3 (c) of Subdivision B of Section T of Article III of Chapter I of this Code 

except that Subsection 3 (a) herein described shall not apply to 

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

per week. 

SECTION 2. W 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. Payment of W ages.-All members of this Subdivision 

shall make payment of all wages due in lawful currency or by negotiable check therefor, payable on demand at par. If wages are J?aid 

by check, the employer shall provide reasonable accessible facilities 

for cashing checks at face value without expense to the employee. 

Employers shall also provide such identification as is necessary to 

utilize such facilities. 

SECTION 4. Time of Payment and Deductions.-Except as otherwise provided by Section 2 hereof, wages shall be due and payable 

at least semi-monthly. Wages shall be exempt from any payment 

for pensions, jnsurance or sick benefits, except such as is voluntarily 

paid or required by law. Employers or their agents shall not accept, 

directly or indirectly, 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) Members Perfonning Manual Work.-

To the extent permitted by the Act members of this Subdivision when 

personally performing manual work or engaged in mechanical operations shall not when so performing or engaged exceed the maxima 

as to hours and days herein 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 reclassified or discharged and reemployed at a lower wage rate for the purpose of evading the provisions 

of this Code. 

(c) Dismissal for 0 omplaints.-N o employee shall be dismissed 

or demoted by reason of making a complaint or giving evidence with 

respect to an alleged violation of this Code. 

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

limited because of age or physical or mental handicap or other infirmity may be employed on light work at a wage below the minimum 

established by this Code, if the employer obtains from the State 

Authority designated by the United States Department of Labor a 

certificate authorizing his employment at such wages and for such 

hours as shall be stated in the certificate. Each employer shall file 
Approved Code No. 244A-Subdivision 1. Registry No. 1616-141. 

ERRATA SHEET 

CODE OF FAIR COMPETITION 

FOR THE 

HIGHWAY C·ONTRACTORS INDUSTRY 

As Approved on March 16, 1935 

On page eight of the Code as printed, in Subsection (d) of 

Section 1 of Article III, the third line reads as follows : " d1 vision 

B of Section T of Article III of Chapter I of this Code". The 

reference should be to Section 2 instead of Section T. 

(1) 

0 S . IOOVERNMENT PRINTIPIG OHICE ; IH'S 
... . ..... . ,.,., ......... ":. .. 

.''•' . 
9 

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 for the safety and health 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 Committee 

and financed by funds available to it and submitted to the National 

Industrial Recovery Board by the Admini trative Committee for 

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

Subchapter. After approval, such standards shall become the minimum standards of safety and health for all members of this Subdivision and shall thereafter be a part of this Code and enforceable 

as such. 

Where State laws provide more stringent restrictions, such laws 

shall be observed. 

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

employers shall post and keep posted, in con picuous places accessible 

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

affect hours of employment, rates of pay and all other labor 

prOVISIOnS. 

SECTION 6. Mutual Agreements.-Any 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 1, Article III, 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 agreement and, preliminary to the application for 

hearing or approval to the National Recovery Administration, an 

accurate description of the specifically defined region or locality proposed to be embraced by such agreement, the types of operations and 

occupations to be affected thereby, and, in addition thereto the plan 

for hearing and form or method of notice thereof; and at the time of 

any application to the National 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 in connection 

therewith. 

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

I, as approved by the President, shall contain certain specific provisions as follows : 

(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 applies. (b) The terms of this mutual agreement shall not be binding upon 

the employers and employees of any other Subdivision of the Industry. 
10 

(c) The occupations, types o£ operations, or employees o£ this 

Subdivision affected by this mutual agreement shall not be deemed 

or construed to be the occupations, types o£ operations, or employees 

o£ any other Subdivision described in Chapter II, and the terms 

and conditions pertaining to the foregoing in this mutual agreement 

are to be effective only with reference to the performance within the 

specifically defined region or locality o£ the types o£ operations defined in this agreement. 

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

o£ other subdivisions to establish in the same area or another area 

mutual agreements o£ their own making pertaining to occupations, . 

employees and types o£ operations o£ other subdivisions described in 

ChaJ?ter II. 

(e) The terms o£ this mutual agreement shall exclude any operations undertaken in accordance with bona fide bids made prior to 

the effective date o£ this agreement, and contracts entered into prior 

to such effective date.1 

ARTICLE IV-ADMINISTRATION 

SECTION 1. The Administrative Oommittee.-An Administrative 

Committee £or the Highway Contractors Subdivision is hereby constituted to administer this Code within this Subdivision. Said 

Committee, hereinafter referred to as "The Administrative Committee ", shall consist o£ thirteen ( 13) members, all o£ whom shall 

be members o£ this Subdivision. Eight (8) o£ said members shall 

be members o£ the Association and shall be appointed annually by 

the Divisional Code Authority, £rom such nominations as may be 

made by the members o£ the Divisional Code Authority who are 

Highway Contractors. Each member so appointed shall serve until his successor is appointed, which appointment shall be made in 

like manner. The five ( 5) remaining members o£ the Administrative Committee shall be appointed annually by the Divisional Code 

Authority £rom nominations made by the members thereof who are 

Highway Contractors or by the eight (8) Association members o£ 

the Administrative Committee, £rom and to represent members o£ 

this Subdivision who are not members o£ the Association. Any such 

member shall be approved by the National Industrial Recovery 

Board before his appointment shall become effective. Each o£ said 

five ( 5) members shall serve until his successor has been selected, 

qualified, and appointed, as above, or has been selected by the nonmembers o£ the Association, pursuant to a method o£ selection satisfactory to and approved by the National Industrial Recovery Board, 

provided such successor has been approved by the National Industrial Recovery Board. I£ three (3) o£ said five (5) members shall 

become members o£ the Association during the period o£ their term 

o£ office as members o£ the Administrative Committee, no other o£ 

said members o£ the Administrative Committee may join the Association without being disqualified £rom the date upon which he becomes a member o£ the Association, £rom further membership in the 

Administrative Committee as a representative o£ members o£ this 

1 See paragraph 3 of order approving this Co0d e. 
11 

Subdivision who are not members of the Association. Any member 

of the Subdivision appointed to the Administrative Committee to 

represent the members of this Subdivision who are not members of 

the Association, or selected or appointed successor to any such member of the Administrative Committee shall be subject to approval 

by the National Industrial Recovery Board. 

SECTION 2. Powers and Duties.-The Administrative Committee 

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

in Section 2 of Subdivision B of Article II of Chapter II, and as 

may be delegated to it by the Divisional Code Authority, the following powers and duties: 

(a) to appoint committees for States, regions or Localities as it 

deems necessary for the administration of this Code. Organizations of Highway Contractors of a State, region or locality may 

petition the Administrative Committee for the establishment of a 

committee. The Administrative Committee may appoint such State, 

regional or local committees, giving consideration to recommenda- tions received in the selection of the personnel of such committees; 

(b) to establish and/or change the jurisdiction or personnel of 

any administrative agency established by it for this Division; 

(c) to cause to be formulated methods of cost finding and accounting capable of use by all members of the Subdivision and to submit 

such methods to the Divisional Code Authority and the National 

Industrial Recovery Board for review. If approved by the Nati-onal Industrial Recovery Board, full information concerning such 

methods shall be made available to all members of the Subdivision. 

Thereafter, each member of the Subdivision shall utilize such methods to the extent found practicable. Nothing herein contained shall 

be construed to permit the Divisional Code Authority, the Administrative or local committee, any agent thereof, or any member of the 

Subdivision to suggest uniform additions, percentages or differentials or other uniform items of cost which are designed to bring 

about arbitrary uniformity of oosts or prices; 

(d) to defray expenses in establishing and administering this 

Code from the equitable apportionment it receives from the Divisional Code Authority from the funds derived as authorized in 

Section 2 (b) Article II A of Chapter II; 

(e) to prescribe rules of fair competitive bidding practice for 

the members of this Subdivision and such rules when approved by 

the Code Authorities of Chapters I and II and q1e National Industrial Recovery Board, shall apply to all members of this Subdivision 

of the Industry; 

(f) to prescribe regulations requiring that members of this Subdivision of the Industry shall not submit a competitive bid as defined in Section 1 (a), Article VII, Chapter I of this Code to an 

owner or any other per on corresponding to an awarding authority 

as defined in such articles unless such owner or other person agrees 

to comply with the regulations provided therein governing an awarding authority; 

(g) to ~rovide a satisfactory method of filing and checking the 

contractors bids and the estimates of awarding authorities for any 

State, region or locality; 
12 

(h) to prescribe rules requiring that any member o£ this Subdivision, when filing bids for the performance of any of the operations covered by this Subdivision with any owner, awarding authority 

or person corresponding to an awarding authority under which 

said member does not intend to perform at least eighty percent 

(80% ) of the value of the work bid upon with his own organization and with the assistance o£ workmen under his immediate 

supervision, shall include the name or names of the firms to whom 

he intends to sublet any of the work together with details as to the 

portion of the work to be performed by each subcontractor; 

(i) to prescribe rules covering the renting or leasing of highway 

equipment by members of this Subdivision and rules governing the 

manner in which members of the Subdivision lease equipment from 

others and such rules when approved by the National Industrial 

Recovery Board, shall apply to all members of this Subdivision of 

the Industry; 

(j) to require the registration in a manner not inconsistent with 

any manner prescribed. by the Divisional Code 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 the Construction Code Authority and the Divisional Code 

Authority. 

(k) Regulations, methods and rules formulated in accordance with 

the foregoing paragraphs (f), (g) and (h) shall be filed with the 

National Industrial Recovery Board and shall become effective 

upon approval by theN ational Industrial Recovery Board. Failure 

of the National Industrial Recovery Board to disapprove any such 

regulation, method or rule within thirty (30) days after receipt 

thereof shall be deemed ap:proval of such re~ulation, method or 

rule as of the date of the expiration of such penod. Any such regulations, methods or rules shall be effective upon approval for the 

period specified therein or until approval 1s withdrawn by the 

National Industrial Recovery Board because of inequitable, unfair 

or unjust operation thereof. 

SECTION 3. State, Regional or Local Administrative C omrrvittees 

or Agencies in the Subdivision.-State, regional or local committees, 

agencies or representatives may be vested with and may have such of 

the powers and duties of the Administrative Committee as it delegates to such committees, agencies or representatives for the proper 

discharge of its functions in the larticular region; provided that 

nothing herein shall relieve the dministrative Committee of its 

duties or responsibilities under this Code. 

All rules and regulations of regional, State or local committees 

must have the approval of the Administrative Committee and must 

not be inconsistent with the rules and regulations of the Divisional 

Code Authority. 

ARTICLE V- A UTI-IORIZED ExEMPTIONS 

Whenever any work within the definition contained in Subchapter II-C, Article II, Section 1, is exempted by competent Governmental authority or agencies (whether Federal, State, or political 

subdivisions thereof) acting in accordance with law, from any or 

all of the provisions of Chapters I and II and Subchapter II-C 
13 

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

Construction Industry so exempted from, or otherwise not subject 

to, provisions of this Code, then the same exemptions or exceptions 

from the same provisions of Chapters I and II and Subchapter II-C 

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 construed to permit a member of the Industry to so 

reduce wages or lengthen hours as to result in wages lower or hours 

longer than those observed by such non-members of the Industry. 

Nothing herein shall be construed as waiving the obligation of members of this Subdivision from registering construction work, furnishing statistics, and paying authorized assessments. 

ARTICLE VI-TRADE PRACTICES 

SECTION 1. Financing•.-N o Highway Contractor shall permit or 

require Subcontractors, corporate surety companies or material 

vendors to finance his accounts, unless such arrangement is expressly 

provided for in the original contract between the parties. 

SECTION 2. Visiting Oontractor.-A Visiting Contractor shall be 

bound by all of the rules, regulations and agreements for other contractors of the State, region or locality in which he operates or proposes to operate. 

ARTICLE VII-PROVISIONS OF CHAPTER I AND CHAPTER II 

Reference to Provisions of Chapter I and Oh.apter //.-Provisions 

and definitions of Chapter I and Chapter II of this Code including 

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 herein in full. 

ARTICLE VIII-Al\iENDMENTS 

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

IV -B of Chapter I of this Code, the Subdivision provisions of this 

Chapter II-C, except as to provisions required by the Act, may be 

amended on the basis of experience or changes in circumstances, such 

amendments to be based upon application to theN ational Industrial 

Recovery Board and such notices and hearings as it shall specify. 

SECTION 2. Any amendment proposed by members of this Subdivision or any committee or group of such members shall be submitted 

to the Administrative Committee of Chapter II-A, and Chapter 

II-B, and to the Divisional Code Authority and to the Construction 

Code Authority at lea t ten (10) days before application is made to 

the National Recovery Administration for a hearing upon such 

amendment. 

ARTICLE IX-EFFECTIVE DATE 

This Subchapter II-C shall become effective on the tenth (lOth) 

day after its approval by the President. 

Approved Code No. 244A-Subdivision No. 1. 

Registry No. 1616-141. 

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UNIVERSITY OF FLORIDA 

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