Approved Code No. 244-Supplemcnt No. 21 Registry No. 308-02 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

CORK INSULATION 

CONTRACTORS' INDUSTRY 

AS APPROVED ON APRIL 1, 1935 

WE DO OUR PARt 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

For sale by the Superintendent of Documents, Washington, n. " . - - - - - - - - - Price 5 cents 
'l'ili · publi ·ation ~ for .,ale J.;r 1Lc Sup 'l'illn•ndeur of D "nment ·, Go>e rnlll eut 

Print ill" Ofllcc, \ n llington . D. C .. and t,., tlw fo llO\\·ing- N . R. A. offices: 

~ tl nta. :.L : G25 itizei ::5 · :-:lo ~lle rn National Bank Buil{1i11g. 

Balti .1 rc, _thl. : 130 Cu.-tomhc: u;e. Birmin"·ham, \.ln.: 201 Liberty ~a ti nal Life uilding. 

Bo ton. l\I n ·s. : R o m L. 0. 0 F ed rul 'tr ct. 

Buffalo, N. Y.: 218 \Yhite Buildi ng. 

Chicago, Ill.: R oom 20-t, 400 l\'o rtb Mi chiga n Avenue. 

CleY land, Ohio.: fi20 Bulkley Building. 

D a lla , 'Ie ·. : 1212 Hepublic Banl~ B uilding. 

D etroit, :Micb. : 415 ~ ew F ede r a l Buildin.Q;. 

Hou. ·t n , T ex. : 403 Milam Building. 

J ack. om·illc, Fin. : 42.5 United . 'tntes ourlhou e anc1 P ot Ofiice 

B uilding. 

Lo Angele. , Calif. : 751 Figueroa Str e t, , 'outh. 

Louisville, Ky. : 408 Feder al Building. 

Minneapolis, Minn.: 900 Ro::moke Bui lding. 

NasllYille, T enn.: 413 Cotton Sta t s Building. 

Nem:uk, N. J. : 434 Industtia l Offi e Building, 1060 Broad Street. 

New Orleans, La.: 214 Customhou . 

New York, N. Y.: 45 Broadway. 

O~ ahoma City, Okla.: 427 Commerce Exchange Buihliu0 • 

Philadelphia, Pn.: 933 Commercial Trust Building. 

PitLburgh, P a. : 4.01 Law an 1 Finance Building. 

P ortland, Oreg. : 407 Park Building. 

Providence, R. I. : National Exch ange Bank Building, 17 Exchange 

Street. 

St. Loui , l\1o. : S uite 12'20, 506 OliY "'tr t. 

San Franci co, Calif. : Humbolt Bank Building, 785 :Ma rket Street. 

Seattle, Wa h.: 1730 Exchange Building. 
Approved Code No. 244-Supplement No. 21 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

CORK INSULATION CONTRACTORS' INDUSTRY 

As Approved on April 1, 1935 

ORDER 

SUPPLEMENTARY CoDE oF FAIR CoMPETITION FOR THE CoRK INSULATION CoNTRACTORs' I NDUSTRY 

A DIVISION OF THE CONSTRUCTION INDUSTRY 

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

compliance with the provisions of Title I of the National Industrial 

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

compliance with the provision of Section 5 of Article VIII of 

Chapter I of the Code of Fair Competition for the Construction 

Industry, approved January 31, 1934, for approval of the Cork 

Insulation Contractors' Chapter of said Code, and hearing having 

been duly held thereon and the annexed report on said Chapter, 

containing findings with respect thereto, having been made and 

directed to the President: 

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

States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including 

Executive Order No. 6859, and otherwise, does hereby incorporate 

by reference said annexed report and does find that said Chapter 

complies in all respects with the pertinent provisions and will promote the policies and purposes of said Title of said Act; and does 

hereby order that said Supplementary Code of Fair Competition be 

and it is hereby approved. 

NATIONAL INDUSTRIAL RECOVERY BOARD, 

ByW. A. HARRIMAN, Ad1ninistrative Officer. 

Approval recommended : 

ROBT. N. CAMPBELL, 

Acting Division Administ1·ator. 

WASHINGTON, D. c., 

Aprill, 1935. 

125752 °--1749-lQ---35 (1) 
REPORT TO THE PRESIDENT 

The PRE IDlli~T, 

Tlw White H mt.Se. 

Sm: Thi i · a report on the Cork Insulation Contractor ' Chapter 

of the Code of Fair Competition for the Con truction Industry, 

which i described as Chapter I and which wa approved by you on 

January 31, 1934. 

This Chapter is a revision after a Public Hearing conducted in 

Washington on August 3, 1934, in accordance with the provi ions of 

the National Industrial Recovery Act. This Chapter amplifies 

Chapter I , but applies specifically to the Cork Insulation Contractors' DiYision of the Construction Industry. 

PROVISIONS FOR HOURS AND WAGES 

' Vith the exception of the inclusion of an overtime rate for all 

hours worked by employees of thi Industry in ex-cess of the daily or 

weekly maximum when performing emergency work, the hour and 

wage provisions set forth in Chapter I of the Construction Cod-e as 

approved by you on January 31, 1934 are applicable to this Chapter. 

ECONOlVIIC EFFEC'l' OF THE CODE 

E tilnates made by the Division of Research and Planning u1dicate 

that the number of employees in this Divi ion of the Con truction 

Industry decreased from approximately 4,000 in 1929 to 1,600 in 1933. 

It is r~asona.ble to predict that the establishn1ent of uniform rates 

of pay, uniform hours of work, improved conditions of empl-oyment 

and the prohibition of unfair trade practices will be benefieial to 

all of this Industry, .as well as to the employeBs and the consumer. 

FINDINGS 

The Deputy Administrator in his final t'eport to the National 

Industrial Recovery .Board on said Code having found as herein set 

forth and on the basis ·of .all the proceedings in this matt-er; 

The National Industrial Recovery Board finds that: 

(a) Said Cod€ is well ·d$igned to promote the policies and purposes of Title I of th.e National Indu trial Recovery Act, including 

removal of obstructions to the free flow of interstate and foreign 

commerce which tend to diminish the amount thereof and will pro-

-vide for the general welfare by promoting the organization of indu try for the purpose of cooperativ-e action among trade groups, by 

inducing and maintaining united action of labor and manag~m nt 

under adequate governmental sanctions and upervi ion, by eliminating unfair competitive practice by promotino· the fullest possible 

utilization of the present productive capacity of industries, by avoid-

(2) 
3 

ing untlu re tri tion f produ tion ( x pt a may b temporarily 

r quir d) by increa ina the on umption of indu trial and agricultural pr du t throuo·h in rea ina purcha 1ng power, by reducing 

an l reli 'ing unemployment, by improving tan lar l of labor, and 

by othenvi e rehabilitating indu try. 

(b) Sail Industry normally employ not more than 50,000 employeec:, and i not clas ifie l by the N utional Industrial Recov ry 

Boar l a a major indu try. 

(c) The Code as approved complies in all respe t with the pertinent provi ions of said Title of said Act, including without limitation, ub ection (a) of Section 3, subsection (a) of Section 7, and 

ub ection (b) of Section 10 thereof; and that the applicant a -

ociation i an indu trial association truly representative of the 

afore aid Industry; and that aid as ociation impo es no inequitable 

re trictions on admi sion to membership therein. . 

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

or monopolistic practices. 

(e) The Code i not designed 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 said Code. 

For these reasons, therefore, the National Industrial Recovery 

Board has approved said Cork Insulation Contractors' Chapter of 

the Code of Fair Competition of the Construction Industry. 

For the National Industrial Recovery Board: 

APRIL 1, 1935. 

w. A. HARRil\fAN, 

Adrninistrative Officer. 
CH P'I'El XXIV 

SUPPLE1\1ENTARY CODE OF FAIR CO MPETITION FOR 

THE COR!{ INSULATION CONTRACTORS' DIVISION 

OF THE CON TRUCTION INDUSTRY 

ARTICLE I-DEFINITIONS 

Sr:cnoN 1. The term " Cork Insulation Contractors' Divisi n or 

"' thi::;- Division :' as u eel herein means the contracting for hire, either 

by direct or sub-contract, to furni h and erect cork and/ or rock 

cork insulation to the interior and/ or exterior surfaces of buildings 

in which it i intended to maintain predetermined t n1.peratures, 

including the insulation with incidental construction of all separate 

rooms within the building in which a predetermined temperature is 

to be maintained, and including also all other surfaces, except where 

such work on uch other surfaces is by established custom performed 

as a part of the work of another division of the Construction Industry. This Division does not include the insulation of residential 

buildings to prevent the transfer of heat. 

SECTION 2. Association.-The term "A sociation " as n ed herein 

is de.flned to mean the "Cork Insulation Contractors' National Association", a trade assor·iation of members of this Division. 

SECTION 3. For the purposes of this Chapter, the term "Administrator ", "Administrator for Industrial Recovery", or equivalent 

terms as u. eel in Chapter I of this code as adopted herein, hall mean 

such person or persons, board or agency as may from time to time 

be empowered to administer the provisions of Title I of the National 

Industrial Recovery Act pursuant to delegation of authority by 

the President under Section 2 (b) of said Act. 

ARTICLE II~REFERENCE TO PROVISIONS OF CHAPTER I AND TO :MANDATORY Pnovi IONS OF' THE AcT 

SECTION 1. R ef re11.ce to Provisions of Oha.pter !.-·All the provisions of Chapter I of this Code, including any amendments 

thereto, or modification thereof, except as herein specifically provided, are specifically incorporated herein with the same for e and 

effect a if et forth herein in full. 

SECTION 2. Labor Provisions of the Act.-Employees shall have 

the right to organize and bargain collectively through representatives of their own choo ing, and shall be fr·ee 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 other concerted activities for the purpose of collective bargaining or other mutual aid or protection; no employee and no 

(4) 
5 

one seeking employm nt hall be r equired a a ondition of employm nt to join any company union or to refrain from joining, organizing or a i ting a labor organization of hi own choo ing; 

mployer shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment approved 

or pre cribed by the President. 

ECTION 3. Pre idential Powers.-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, license, rule or regulation issued under Title I of the 

A t and specifically, but without limitation to the right of the 

Pre ident to cancel or modify his approval of this Code, or any additions thereto or conditions imposed by him upon such approval. 

ARTICLE III-ADMINISTRATION 

SECTION 1. Divisional Code Authority.-A Divisional Code Authority is hereby constituted to administer this Code within this 

Division. 

(a) Association Me1nbers.-The seven members of the Executive 

Committee of the Association shall be the seven (7) Association 

Members of the Divisional Code Authority to serve for a term of 

one ( 1) year or until their successors are appointed by the Board 

of Directors of the Association. 

(b) Non-Association M embers.-In addition to the Association 

Members provided for above, there shall be two (2) members of the 

Divisional Code Authority to represent members of this Division who 

are not members of the Association. These two members shall be 

selected on a fair and representative basis from, and to represent, 

members of this Division who are not members of the Association 

by a method of selection satisfactory to and approved by the N ationa} Industrial Recovery Board. Such members shall be approved 

by the National Industrial Recovery Board before taking office. In 

the event of failure of such members of this Division to select such 

members of the Divisional Code Authority within a time, or in a 

manner satisfactory to the National Industrial Recovery Board, 

they are to be appOinted by the National Industrial Recovery Board. 

Each non-Association member of the Divisional Code Authority 

shall serve for a term of one (1) year or until he becomes a member 

of the Association or until his Successor shall have been appointed 

by the National Industrial Recovery Board, or elected by members 

of this Division who are not members of the Association (at an 

election, the manner and methods of conducting which are satisfactory and approved by the National Industrial Recovery Board), 

whichever of said period shall be the less. Each sm~h member shall 

serve until his successor shall take office. 

(c) V acancies.-The successors, including the successor of any 

member whose membership becomes vacant, of the non-Association 

1\1embers may be elected by the members of this Division who are 

not members of the Association, at an election the manner and method 

of conducting which shall be satisfactory to and approved by the 

National Indu trial Recovery Board. In event of failure of the 
6 

non-.Association J\1ember of thi Divi ion to hold uch elections the 

. ucce ·ors of tha non-A o iation Members of the Divi ional Code 

Authority hall be appointed by the National Industrial Recovery 

Boar 1. 

(d) R m.01:als.-A ny member of the Divisional Code Authority 

may be r moved at any time by the appointing agency or the agency 

which has power to elect his succe sor, subject to the approval of 

the National Industrial Recovery Board. 

(e) E ach trade or indu trial association directly or indirectly 

participating in the election or activitie of the Divisional Code 

Authority shall impose no inequitable restrictions upon member hip. 

SECTION 2. Potoers and Duties.-Subject to such rul and regulation a.· nw.y be i ued by the National Industrial Recov ry Board, 

the Divisional Code Authority shall have as a part of and in addition to the powers and duties onferred upon it by Chapter I of 

thi · Code, th follo1Ving po·wer. and duties : 

(,a) To insure the execution of the provisions of this Code and to 

provide for the compliance of the Industry with the provisions of 

the Act. (b) Com·dination 1.0·ith oth er Oodes.-To make r ecommendations 

to the National I ndu trial RecoYery Board for the coordination of 

provisions of this Chapter, and of the administration of this Code 

with c:;uch other Codes as may be related to thi · Division or affect it 

member..:. 

(e) Trade P·mctice Oornmittee.-To appoint a trade practice committee wh.ich .:Jhall meet with th trade practice committee appointed 

under uch other Cod s Dr Chapters hereof as may b related to this 

Divi ion for the purpose of formulating fair trade practices to govern the relationship between m(:>mbers of this Division and members 

of u h other Code,_ or Chapters to the end that such fair trade practices may be proposed t o the National Industrial Recovery Board as 

am ndment to this Chapter or such other Codes or Chapters. 

(d) Oost Finding and Accounting.-The Divisional Code Authority shall cau e to be formulated methods of cost finding and accountjng capable of u e by all member o£ tbe Division, and shall submit 

such methods to the National Industrial Recovery Board for review. 

If approved by the National Industrial Recovery Board, full information concerning such methods shall be made available to all 

member of the Division. Thereafter, each member of the Division . hall utilize such methods to th(:> extent found practicable. Nothing herein contained, hall be construed to permit the Divisional Code 

Authority any agent thereof, or any member of the Divi ion to 

suggest uniform additions, percentages or differentials or other 

unifDrm item of cost which are designed to bring about arbitrary 

uniformity of costs or prices. (e) lJu1·vey Bureaus.-'J'o establish or approve, when it deems 

advisable, impartial Survey Bureaus for defined local di tricts, for 

the purpose of providing a correct estimate or tabulation of quantities of materials r equired on projects in such district . Any tabu1ations or estimate of quantitie · provided by such a Survey Bureau 

must be itemized in a manner established by trade l?ractice in the 

particular district and must not be priced. The D1visional Code 

Authority shall not establish or approve any such Survey Bureau 

unless it is satisfied that such Bureau is fully competent and equipped 
7 

to furni ·h th ·tiru. t r tabulation of quantiti '!':l h rein referred 

to :m l nil u h Ul'Y0 \' Bur au and their operatinh r gulation · npproYecl by th Di vi ·.ional ode Authority ·hall be . ·ubjc t to the 

appro' al of the National Indu tria l Recovery Board. (f) Registration.-To r quire the registration of all work undertak n by the n mber of this Division a h r in defined exec ing 

fiy hundred dollars ($500.00) in value. 

( 0') The V e of the Association .. -To u e the A.·sociation or other 

agen ·i a it de ms proper for the performing of any of its ac- tivities provided for herein provided that nothing herein shall 

relieve the Divi i nal ode Authority of its duties or responsibilities 

under thi Code, and that the A ·ociation and such agencies shall at 

all times be subject to and comply with the provisions hereof. 

(h) In compliance with the provisions of Section 1 of Subdivision 

A of Article IV, of Chapter I, to select one of the members of this 

Divi ion as a member of the Construction Code Authority. Sucll' 

member hall be elected for a term of one ( 1) year or until his 

succe sor hall have baen elected and qualified. The election shall 

be held on proper notice to every member of the Divisional Code 

Authority and each of such members shall be entitled to one (1) 

vote. In order for any candidate to be elected, seven (7) of the 

nine (9) member of the Divisional Code Authority shall have 

voted for his election. 

SECTION 3. E xpense of Administration.-It being found necessary, in order to . upport the administration of this Chapter and to 

maintain the standards of fair competition established by this Code 

and to effectuate the policy of the Act, the Divisional Code Authority 

is authorized: 

(a) I ncurring Obligations.-To incur such rea onable obligations 

as are necessary and proper for the foregoing purposes and to meet 

such obligations out of funds which may be raised as hereinafter 

provided and which shall be held in trust for the purpose of the 

Chapter. 

(b) Budget and Basis of Oontribution.-To submit to the Natio!llal Industrial Recovery Board for its approval, subject to such 

notice and opportunity to be heard as it may deem necessary, (1) 

an itemized budget of its estimated expenses for the foregoing purposes, and (2) an equitable basis upon which the funds necessary 

to support such budget shall be contributed by members of this 

Divi ion. 

(c) Sec-uring Oont1·ibutions.-After such budget and basis of contribution have been approved by the National Industrial Recovery 

Board, to determine and secure equitable contributions as above set 

forth by all such members of this Division, and to that end, if neces- ·ary to institute legal proceedings therefore in its own name. 

SECTION 4. Benefit of Activities.-Each member of this Division hall pay his or it equitable contribution to the expenses of the 

maintenance of the Divi ional Code Authority, determined as hereinabove provided, and ~ ubj ect to rules and regulations pertaining 

thereto i ued by the National Industrial Recovery Board. Only 

member· of thi. Division complying with the Code and contributing 

to the expenses of its a lm.ini tration as provided in Section 3 of this 

Article (unle .. · dulj exempted from makinO' . nch ontribution) shall 
8 

be entitled to participate in the selection of the Members of the 

Divisional Code Authority or to receive the benefits of any of its 

voluntary activities or to make use of any emblem or insignia of 

the National Recovery Administration. 

SECTION 5. E xcess Obligations.-The Divisional Code Authority 

shall neither incur nor pay any obligation substantially in excess 

of the amount thereof as estimated in its approved budget, and shall 

in no event exceed the total amount contained in the approved 

budget, except upon approval of the National Industrial Recovery 

Board; and no subsequent budget shall contain any deficiency item 

for expenditures in excess of prior budget estimates except those 

which the National Industrial Recovery Board shall have so 

approved. 

SECTION 6. Notice of M eetings.-Members of the Construction 

Code Authority, including the administration members thereof and 

the National Industrial Recovery Board, shall be given at least five 

( 5) days' notice of, and may sit at, all meetings of the Divisional 

Code Authority. 

SECTION 7. 111 eetings of Ad7ninistrative Agencies.-The Divisional 

Code Authority or its authorized representative or representatives 

may attend meetings of any administrative agency established :for 

any subdivision. 

ARTICLE IV-HouRs, WAGES AND GENERAL LABOR PRoviSIONS 

SECTION 1. xen~.,ptJions.-The following are exempt from the 

provisions of Subdivision B of Section 2 of Article III, Chapter I 

of this Code relating to maximum hours: 

(a) Employees engaged in managerial, executive or supervisory· 

capacity regularly receiving more than thirty-five ($35.00) dollars 

per week. However, no employer engaged in a supervisory capacity 

who ferforms manual labor shall be included in this exception. 

(b Watchmen, who shall not, however, be permitted to work in 

excess of fifty-six (56) hours in any one week nor more than six (6) 

days in any seven (7) day period. (c) Employees engaged in emergency work involving breakdown or protection of life or property who shall be paid at the rate 

of at least one and one-half ( P/z) times the normal rate :for all 

hours worked in excess of the daily andj or weekly maximum. 

SECTION 2. ltV eekly M aximwn.-N o employee shall be permitted 

to work more than six (6) days out of any seven (7) day period. 

SECTION 3. Em,ployer Oo1npliance.-Members of this Division 

who personally perform manual work or are engaged in mechanical 

operations shall not exceed the maximum as to hours and days prescribed herein for employees performing similar work. 

SECTION 4. Paynwnt of Wages.-(a) All members of this Division 

shall make payment of all wages due in lawful currency of the 

United States or by negotiable check therefor, payable on demand 

at par. If wages are paid by check, the employer shall provide 

reasonably accessible :facilities for cashing such checks at f ace value 

without expense t o the employee. Employers shall also provide 

such identification as is necessary to utilize such facilities. 
9 

(b) "Tag . hall e payabl at the rnd of each w cldy period. 

'Vag · . hall be ex<'mpt from any puym nt for pen ·ions, insurance or 

sick ben fit ex cpt su h us ar vohmtarily pai l by onploye s. Employer or th ir agent. hall not accept, directly or indirectly, rebates 

on · u h ·wages or gi,·e any hing of \'aluc nor extend any favors to 

any p r on for the purpo e of influencing rate of wag or working 

conditions of their employees. 

(c) The pro' isions of this Section regarding payment of wages 

at th end of each w ekly period shall not apply to persons employed 

in executive administrative and supervisory capacity who regularly 

earn in excess of thirty-five ($35.00) dollars per week, nor to persons employed in clerical or office 'vork. The wages for persons 

employed in clerical or offi ce work hall be payable at least semimonthly. 

SECTION 5. Evasion by Reem.ploy111-ent.-N o employer shall recla ify employees or duties of occupations preformed or engage in 

any other subterfuge so as to defeat the purposes of the Act or of 

this Code. 

SECTION 6. 11 andicapped Persons.-A person whose earning 

capacity is limited ec au e of age, physical or mental handicap, or 

other infirmity may be employed on light work at a wage below the 

minimum. established in this Code if the employer or employee 

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 monthly with the Divisional Code Authority a list of all such persons employed by him showing the 

wages paid to, and maximum hours of work for such employees. 

SECTION 7. Safety Standards.-Each member of this Division 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 shall be submitted by the Divisional Code Authority to the 

National Industrial Recovery Board within three (3) months after 

the effective date of this Chapter. After approval, by the National 

Industrial Recovery Board, such standards shall become the minimum standards of safety and health for all members of this 

Division. 

SECTION 8. Post,ing.-All employers shall post and keep posted, 

cbpies of Chapter I and this Chapter of this Code in conspicuous 

places accessible to all employees. Every member of the Industry 

shall comply with all rules and regulations relative to the posting 

of provisions of codes of fair competition which may from time to 

time be prescribed by the National Industrial Recovery Board. 

SECTION 9. Subletting Labor S e1·vices.-N o member of this Division shall, directly or indirectly, let or sublet to any employee 

or employer solely the labor services required by any contract secured 

by such member. 

In no case shall a member of this Division avoid or evade the 

labor provisions of this Chapter by contracting his work to any 

person or person subject to labor provisions le s stringent than those 

prm ided in this Chapter. 

SECTION 10. Dis1nissal 01' Denwtion for Oomplaf.rd.-No employee 

shall be dismic:: e l or demoted by reason of making a complaint or 

giving evidence with respect to an alleged violation of this Code. 
10 

SECTI N 11. Oo,mpliance ttvith A1·ea Agre 1n nts.--Each member 

of this Division hall be subject to the provi ·ions of Section 1, Article III, Chapt r I with regard to compliance with terms of Area 

Agreements when performino· work in an area. in which approved 

agreements exi, t coYering the employees of thi Divi ion. 

ARTICLE V-F .AIR TRADE PRACTICE REGULATIONS 

The provisions of this Article (in addition to the provi ions of 

Article VII of Chapter I of this Code) are hereby established as 

rules of fair trade practice, and any violation of sai l rules shall 

constitute an unfair method of competition and a violation of this 

Code. 

RuLE 1. Inaccurate Advertising.-No member of this Division . hall publish a-dvertising (whether printed, radio, display or of any 

other nature) which is misleading or inaccurate in any material 

particular, nor shall any member in any way misrepresent any goods 

(including but without limitation of its use, trademark, grade, quality, quantity, origin, size, sub tance, character, nature, finish, material, content or preparation) or credit terms, values, policies, services, or the nature or form of the business conducted. 

RuLE 2. Defamation .-N o member of this Division shall defame 

a competitor by falsely imputing to him dishonorable conduct, inability to perform contra cts, questionable credit standing, or by 

other false r epresentation, or by falsely disparaging the grade or 

quality of his goods. 

RuLE 3. Secret R ebates.- N o member of this Division shall 

secretly offer or make any payment or allowance of a rebate, refund, 

commission credit, unearned discount or excess allowance, whether 

in the form of money or otherwise, nor shall a member of this Division secretly offer or extend to any customer any special service 

or privilege not extended to all customers of the same class, for the 

purpose of influencing a sale. 

RULE 4. Bribing Employees.-N o member of thi. Division shall 

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

purpo e 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 uch 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 eommonly used for advertising exeept so far as such articles are actually used fDr commercial bribery 

as her einabove defined. 

RuLE 5. I nducing B1·each of E xisting Oontracts.-No member of 

this Division shall wilfully induce or attempt to induce the breach 

of existing eontra.cts between competitors and their customers by 

any false or deeeptive means, or interfere with or obstruct the pei'-

formanoe of any ueh contractual duties or services by any such 

means, with the purpose and effect of hampering injuring or 

embarrassing competitors in their business. 

RuLE 6. M ate1"'tals to be u d.-All proposals from members of 

this Division shall be based on the use of new m.aterial throughout4 unles otherwise clearly tated in the proposal, or offered and 

installed a.s other than new materia.l. 
11 

RULE 7. Jfi r pr -fntation.- :No nwmb r of thi ~ Di,·j ·j (>ll : hall 

m.i1:n· 'l r ·ent or makP materiully inaecurat · or dec ptiY stat ments 

in any mann r regarding any material and/ or wod nnnnshir (includino· bnt ,.,.ithout limitation i~ u c trade mark, oTade quality, quantit. rio·in, ize, nbstan e, haracter, na~m·e, fini h , material cant nt, 

or preparation) for the purr o e of or w1th the ten lency or eff ct of 

mi.;lea lino· or deceiving purchaser or pro pective purcha er ·. 

RuLE . No member of thi Divi ion shall accept or give securitie , bond · mortgage stocks, promis ory notes, or other personal 

or real property as whole or part payment for work or material, at 

other than the fair market value thereof, to be determined in doubtful ca es by indepen lent and competent appraisal. 

RuLE 9. Hazardotts Specifications.-No 111ember of this Division 

shall recommend pecifications which are known to be faulty or 

hazardous from a construction viewpoint, or fail to caution propective purchasers against the use of such specifications, or secretly 

change specifications in figuring estim.ates for the purpose and with 

the effect of misleading competitors and customers, or execute any 

contract other than in tri -t accordance with the construction specifications on which the contra t was estimated and secured, unless 

changed with the approval of the awarding authority and the owner. 

RULE 10. Refe're·nce to S ection 9 Article VI I, of Ohapte1' I.-

Nothing in this Article shall nullify or affect the application of 

Section 9, Article VII of Chapter I of this Code to this Division. 

RULE 11. Combination Bids.-In the case of combination bids, 

or registration thereof, the bids for work not in this Division shall 

be separate and distinct from any bid for work within this Division. 

RuLE 12. Ter1ns of Pay1nent.-Each member of this Division 

shall clearly state in each proposal submitted, the terms of payment 

under which an order or contract will be accepted. 

The Divisional Code Authority may establish terms of payment 

and standard terms for contract work in this Division, which terms, 

upon adoption by the Divisional Code Authority, shall be transmitted 

to the National Industrial Recovery Board for apl?roval. 

RULE 13. Oont1·actual Agree1nents.-The followmg bases of contractual agreements are recognized as £air trade practices: guaranteed price, unit price, lump sum, cost of work plus a fee commonly 

known as time and material contract, and other contractual methods 

not inimical to the public interest, providing that the regulations 

contained in thi Code are not. 

ARTICLE VI-BIDDING 

SECTION 1. Inspection of R ecords.-Each member of the Division shall keep accurate and complete records of all estimates of 

co t · and hall furni h accurate reports based upon such estimates 

of costs when required by the Divisional Code Authority or the 

National Industrial Recovery Board. If the Divisional Code Authority or the National Indu trial Recovery Board shall determine 

that ubstantial doubt exists as to the accuracy of any such reports 

or c tilnates of costs, so much of the pertinent books, records and 

papers of uch member a may be required for the verification of 

such report or c timates of co ts may be examined by an impartial 

aO'ency, ao-reed upon between the Divi ional · Code Authority and 
12 

su h member, or, in the absenc of agreement, appointe l by the N ational Industrial R covery Board. In no case shall the :facts disclosed by such examination be made available in identifiable :form 

to any competitor, whether on the Divisional ode Authority or 

otherwise, or be given any other publication, x ept uch as may be 

required :for the pror er admini. ration or enforcement of the provisions of this Cole. 

SECTION 2. No member of this Division hall submit an timate 

or bid price on any job withont retaining a record thereof. 

SEcTION 3. Estimates.-In the case of a project that has been 

serviced by an approved Survey Bureau, it shall be a violation of 

this Code to use quantities which when similarly priced would result 

in a bid price more than two percent (2 7'o ) lower than the price 

based on the use of the correct quantities or quantities fnrni heel by 

the approved Survey Bureau, whichever is lower. 

ARTICLE VII-FILING OF Bros 

SECTION 1. (a) Depository fm' Bids.-Any member of this Division submitting a proposal on any job amounting to five hundred 

($500.00) dollars or more shall file copies of hi bid or bid and all 

revisions thereof with such impartial depository as may be designated by the Divisional Code Authority or its authorized representative; the same to be kept sealed and confidential until after the 

bids are received and opened, following which the copies of bids 

submitted to the successful awarding authority may be opened by the 

Divisional Code Authority or its authorized representative and the 

successful bidder's and the three lowest bidders' proposals disclosed 

to all bidders, and shall be available to the National Indu trial 

Recovery Board on request. 

(b) Each bid, filed in accordance with paragraph (a) of this Section, shall be accompanied by :fee not exceeding one dollar ($1.00). 

In no case shall this fee be more than one dollar ($1.00) when 

identical bids are submitted to more than one awarding authority. 

The Divisional Code Authority c::hall use funds so received to pay 

the expenses of depositing such bids and shall keep account of the 

receipts and expenditures, the same to be open to theN ational Industrial Recovery Board or its representatives, for inspection. 

(c) Upon the com plaint of any bidder the Divisional Code 

Authority or any local administrative committee appointed by it 

shall select a Committee of Review, composed of not more than three 

qualified persons who were not bidders on the particular job to be 

reviewed, one of whom, if possible, shall not be a member of the 

Association. This Committee shall be directed to make such investigation of the bid as will enable it to determine whether this Code 

of Fair Competition has been violated in the bidding on the job in 

question. In the event the Committee of Review shall find that any 

such violation has occurred, their findings on the violation, together 

with a summary of the facts upon which they are based, shall be 

reported to the Local Administrative Committee or the Divisional 

Code Authority :for such action as it may deem proper, including in 

appropriate cases, with the approval of the National Industrial 

Recovery Board, report to the Federal District Attorney or the 

Federal Trade Commission. 
AnTICLE VIII-Ihxn ''l1U'l'toN oF 1\h :i.\rm r: s OF TIIE l>r YJ s roN 

Each member f this DiYi ·ion "·ithin thirty (30) day · afte r the 

effective date of thi. "hapter, : hallrco·i ter with the Division , l ode 

Authority. All m mb r · of thi Division who may engage in the 

Cork In ulation Contractors' Divi ion thereafter shall likewi e regi ter with the Divi ional Code Authority. Registration of a member 

of thi Di' i ion shall in lude the full name and mailing address 

of the member. An application may be made by the Divisional Code 

Authority to the National Indu trial Recovery Board for an extenion of the time limit for the registration by any member of this 

Division if it appears that the time limit as prov.ided herein might 

cau e injustice or undue hardship to any member of this Division. 

ARTICLE IX-REVIEW OF AcT OF DiviSIONAL CoDE AuTHORITY 

If the National Industrial Recovery Board shall at any time determine that any action of the Divisional Code Authority or any 

agency thereof may be unfair or unjust or contrary to the public 

interest, the National Industrial Recovery Board may require that 

such action be suspended to afford an .opportunity for investigation 

of the merits of uch action, and further consideration by the Divisional Code Authority or its agency pending final action which shall 

not be effective unless the National Industrial Recover:y Board approves or unless it shall fail to disapprove after .thirty (30) days' 

notice to it of the intention to proceed with such action in its original 

or modified form. 

ARTICLE X-MODIFIC TIO~S 

Subject to the provi ions of Section 2, (c) of Article IV, B, of 

Chapter I of this Code, the provisions o£ .this Chapter except as to · provisions required by the Act, may be modified on the basis of 

experience or changes in circumstances, such modifications to be · 

based upon application to the National Industrial Recovery Board, 

and uch notice and hearing as it shall specify, and to become effective on its approval. 

ARTICLE XI-EFFECTIVE DATE 

Thi Chapter shall become effective within this Division on the 

tenth (10th) day after the approval o£ this Chapter pursuant to the 

provisions of the Act. · 

Approved Code No. 244-SuppJement No. 21. 

Registry No. 308-02 .. 

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UNIVERSITY OF FLORIDA 

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