Approved Code No. 244-Supplement No. 11 Registry No. 1616-130 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

WOOD FLOOR 

CONTRACTING INDUSTRY 

(A Division of the Construction Industry) 

AS APPROVED ON MAY 19, 1934 

WE Do OUR PART 

I 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

-· ·- -s 

. DEP'{)811TO~Y 

' ( 

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DISTRICT OJfFICES 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. 

!}:ansa · City, Mo.: 10.28 Baltimore A venue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville; Ky. : 408 Federal Building. 

Memphis, Tenn.: 229 F ederal Building. 

Minn_eapolts, Minn.: 213 Federal Building . . 

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. Pittsburgh, Pa. : Chamber of Commerce Building. 

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Seattle, Wash.: 809 Federal Office Building. 

.· 
Approved Code No. 244, Supplement No. 11 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

WO·OD FLOOR CONTRACTING INDUSTRY 

As Approved on May 29, 1934 

ORDER 

APPROVING CoDE OF FAIR CoMPETITION FOR THE W oon FLOoR CoNTRACTING INDUSTRY, 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 provisions 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 Chapter 

XII of said Code, which Chapter XII is applicable to the Wood 

Floor Contracting Division of the Construction Industry, and hearings having been 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. 6'543-A, dated December 

30, 1933, and otherwise; do hereby incorporate by reference said annexed report and do find that said Chapter complies in all respects 

with the pertinent provisions and will promote the policy and 

purposes of said Title of said Act; and do hereby order that said 

Chapter XII be and it is hereby approved and that the previous 

approval of said Code of Fair Competition for the Construction 

Industry is hereby modified to include an approval of said Code 

in its entirety as supplemented by said Chapter XII, provided, 

however, that the following sentence be and it is hereby inserted 

at the end of Rule 1 of Article V: 

" It shall be a defense to any charge of violation of this Rule if 

the party charged shall satisfy the Administrator that his bid 

was not less than the reasonable estimate of said costs of any other 

member of the industry." 

HUGH S. JOHNSON, 

Administrator for Industrial Recovery. 

Approval recommended: 

GEo. L. BERRY, 

Division Admini8trator. 

WASHINGTON, D.C., 

May 29, 1934. 

64005°----657-3----34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House . 

. SIR: . This is a report on the Wood Floor Contracting Chapter of 

the Code of F~ir Competition for the Construction Industry which 

is described as Chapter I and w}_lich was approved by you on January 

31, 1934. 

Thi~ Cha.pter is a revision ~fter a public hearing conducted in vV aslungton on December 28, 1933, in accordance with the provisions 

of the National Industrial Recovery Act. This Chapter amplifies 

Chapter I, but applies specifically to the Wood Floor Contracting 

Division of the. Construction Industry. 

PROVISIONS FOR HOURS AND WAGES 

"\Vith very minor exceptions, the hours and wages set forth in 

Chapter I of the Con,str1,1ction Code as approved by you on January 

31, 1934 are applicable to this Code. 

. . .. ECONOMIC EFFECT OF THE CODE 

No official or other a.uthe:ntic data are available to show the ap

proximate amount of business done by member~ of this Di'\lision. Estimates indicate that approximately 12,000 employees were engaged in the Industry in 1933. _ . , . It is reasonable to predict that the establishment of uniforni rates 

of pay, uniform hour~ of work, improved conditions of employment 

and the prohibition of unfair trade practices will be beneficial to 

all members of this Industry as well as to the employees find the 

consumer. 

FINDINGS 

The Deputy Administrator in his final report to me on said vV ood 

Floor Contracting Chapter of the Code of Fair Competition for the 

Construction Industry, having found as herein set forth and on the 

basis of all the proceedings in this matter; 

I find that : 

(a) Said Woo l Floor Contracting Chapter and said Code of Fair 

Competition for the Construction Industry, as supplemented by said 

"\Yood Floor Contracting Chapter, are well designed to promote the 

policies and purposes of Title I of the National Industrial Recovery 

Act, inclu ling removal of obstructions to the free flow of interstate 

and foreign commerce which ten l to diminish the amount thereof 

and will pr vide 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 

(2) 
3 

and management under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting 

the fullest possible utilization of the present productive capacity of 

industries, by avoiding undue restriction of production (except as 

may be temporarily required), by increasing the consumption of industrial and agricultural products through increasing purchasing 

power, by reducing and relieving unemployment, by improving 

standards of labor, and by otherwise rehabilitating industry. 

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

(c) Said Wood Floor Contracting Chapter and the Code of Fair 

Competition for the Construction Industry, as supplemented by said 

Wood Floor Contracting Chapter, as approved comply 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) Said Wood Floor Contracting Chapter and the Code of Fair 

Competition for the Construction Industry, as supplemented by said 

"\Vood Floor Contracting Chapter are not designed to and will not 

permit' monopolies or monopolistic practices. 

(e) Said Wood Floor Contracting Chapter and the Code of Fair 

Competition for the Construction Industry, as supplemented by said 

Wood Floor Contracting Chapter, are 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 Wood 

Floor Contracting Chapter and of said· Code,· as supplemented by 

this Wood Floor Contracting Chapter thereof. 

For these reasons, therefore, I have approved said Wood Floor 

Contracting Chapter of the Code of Fair Competition of the Con• 

struction Industry. 

Respectfully, 

MAY 29, 1934. 

HuGH S. JOHNsoN, 

Administrator. 
CHAPTER XII. SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE WOOD FLOOR CONTRACTING 

DIVISION OF THE CONSTRUCTION I NDUSTRY 

ARTICLE I-REFERENCE TO PROVISIONS OF CHAPTER I 

The proYisions of Sections 7 (a) and 10 (b) of the Act, which are 

set forth in Sections 1 and 6 respectively of Article VIII of Chapter 

I of this Code, are specifically incorporated herein by reference with 

the sam.e force and effect as if set forth herein in full i all other provisions of Chapter I of this Code including modificatiOns or amendments thereto, except as herein provided, apply within this Division 

with the same force and effect as if set forth herein in full. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term " \iV ood Floor Contracting Division " or ~' this 

Division" is defined to mean the business of contracting for, and 

laying wood flooring ~ncluding preparatory work, scraping, and 

sanding and oth~rwise surfacing of \\ood flooring and also including 

the furnishing of any or all wood flooring or other materials inc~-

9-ental to uch work, but shall not includ-e any of the foregoing ~hen 

executed under the. General Contractor's Division of this Code of 

Fail.~ Competition for the Construction Industry. Members of this 

Division shall have the right to contract for and execute woqd .floor 

fini hing work without limitat.iqn an l when executing S\1Ch work the 

:Members of this Division shall work under and COplply wjth the 

provisions of the Painting, Paperhanging and Decorating Chapter 

of the Construction Ip.dustr.y Code. . 

. Nothing_ in the definition _ of this Division shall in any way be 

construed as affecting the classification of labor employed ur:tder this 

Chapter of this Code. . .. . SEcT;roN 2. The term "Member of thjs Division" includes, but 

without limitation, any individual, firm, partnership, corporation, 

association or other form of enterprise engaged i~ work ~ithin 

this Division. SECTION 3. The term " bidder " as used herein is defined to mean 

and include aJ;lyone who sub~nits bids, proposals, or quotations in 

competitive bidding. SECTION 4. The term "Association " as used herein is defined to 

mean the Corporation known as the " National \Vood Flooring 

Contractors Association." 

ARTICLE III-HoURs, WAGES AND CoNDITIONs OF EMPLOYMENT 

SECTION 1. The provisions of sub-paragraph B of Section 2 of 

Article III of Chapter I of this Code shall not apply to: 

(a) Employees engaged in an executive, administrative and supervisory capacity, r eceiving in excess of thirty-five dollars ($35.00) 

(4) 
5 

per week. Supervisory employees are defined as those who perform 

no manual labor. 

(b) Employees enO'aged in emergency work upon breakdowns or 

for the protection of life or property, who shall be paid at least 

one and one half (11!2) times the normal rate for all hours worked 

in excess of the daily and/or weekly maxima established in this Code. 

(c) Truck drivers, who shall not be permitted to work in excess 

of forty ( 40) hours, nor six ( 6) da_ys in anl. week. 

(d) Watchmen who shall not be permitted to work in excess of 

fifty-six (56) hours, nor six (6) days in any week. . SECTION 2. No employee shall be permitted to work more than 

six (6) days in any seven (7) day period. 

SECTION 3. Evasion Through Reemployment.-No employee now 

employed at a rate in excess of the minimum herein established shall 

be discharged and reemployed at a lower rate for the purpose of 

evading the provisions of this Code. 

SECTION 4. Transportation.-Members of this Division shall make 

payment of all legitimate expenses incident to transportation, board 

and room incurred by an employee while traveling to and from the 

site of regular employment, when such site is outside of a recognized 

working area. 

SECTION 5. Members Performing W ork.-Members of this Division who personally perform manual work or are engaged in mechanical operations shall not exceed the maxima as to hours and days 

prescribed herein for the work performed by them. 

SECTION 6. Oomplaint.-No employee shall be dismissed for making a complaint or giving evidence with respect to an alleged 

violation of this Code. 

SECTION 7. Posting.-All members of this Division shall post 

and keep posted in conspicuous places readily accessible to all employees in their respective shops and other established places of 

business complete copies of Chapter I, General Provisions for the 

Construction Industry, and of this Chapter of this Code, together 

with the name and address of the nearest official place where Code 

violations may be reported. 

SECTION 8. Standards for Safety and H ealth.-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 Administrator within six (6) months after the 

effective date of this Chapter. .After approval, such standards shall 

become the minimum standards of safety and health for all members 

of this Division. · 

SECTION 9. Pmyment ·of Wl1lges.-All members of this Division 

shall make payment of all wages due in lawful currency 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 face value without expense to the employee. Employers shall also provide such identification as is 

necessary to utilize such facilities. 

vV ages shall be payable at the end of each weekly period, and shall 

be exempt from any payment or deduction for pensions, insurance 

or sick benefits except such as is voluntarily paid or authorized to 
6 

be deducted by employees. Employers or their agents shall not 

accept, directly or indirectly, rebates on such wages or give anything 

of value nor extend any favors to any person for the purpose of 

influencing rates of wages or working conditions of their employees. 

The provisions of this Section regarding -payment of wages at the 

end of each weekly period shall not apply to persons employed in 

executive, administrative and supervisory capacity who earn in 

exce s of thirty-five dollars ($35.00) per week, nor to persons employed in clerical or office work. The wages for persons employed 

in clerical or office work shall be payable at least semi-monthly. 

S:EcTION 10. 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 mnployer 

shall file m.onthly with the Divisional Code Authority a list of all 

such persons employed by him, showing the wages paid to, and the 

maximum hours of work for, all such persons. 

ARTICLE IV-AmHINISTRATION .AND ORGANIZATION OF THE DrvrsiON.AL 

CoDE AUTHORITY 

SECTION 1. A Divisional Code Authority is hereby constituted to 

administer this Code within this Division. 

S~cTION 2. The Divisional Code Authority shall consist of nine 

(9) members all of whom shall have assented to this Code, to be 

selected as follows : 

(a) Members of the Association shall elect six ( 6) members of 

the Divisional Code Authority from members of the Association by 

majority vote of the said members to serve for a term of one year 

or until their successors are elected. The Association is hereby designated as the agency to conduct the initial election of the Associa~ 

tion members of the Divisional Code Authority within thirty (30) 

days after the effective date of this Chapter and any other election 

of Association members of the Divisional Code Authority which 

may thereafter be held. Notice of the time and place of regular 

elections shall be sent to all members of the Association and to the 

Administrator at least forty ( 40) clays in advance of such election, 

except that the initial election above referred to may be held on 

ten ( 10) days' notice. Voting at all elections may be in person, 

or by proxy or letter ballot and each member of the Association 

shall be entitled to one vote for each membership to be filled. In 

the event of any vacancy in the Association membership of the 

Divisional Code Authority, a special meeting of the members of 

the Association shall be called to elect a member of the Divisional 

Code Authority to serve for the unexpired portion of the term of 

the member of the Divisional Code Authority whom he is succeeding. Such election shall be called within twenty (20) clays after 

such vacancy occurs. 

(b) The Admini b·ator shall appoint three (3) members of the 

Divisional Code Authority from and to represent the men1bers of 
7 

this Division who are not members of the Association to serve for a 

term of one (1) year. At such time, or should a vacancy occur in 

the non-member representation of the Divisional Code Authority, 

the members of this Division who are not members of the As ocia- tion may select their own members of the Divisional Code Authority, 

which successors and the method of their selection shall be approved 

by the Administrator. If the members of the Division who are not 

members of the Association do not select such successors, as abo' e 

provided, the Administrator shall appoint them. Any member f 

the Divisional Code Authority selected from and to represent members of this Division who are not members of the Association shall 

automatically disqualify himself from further holding uch ofiice 

by joining the Association, and his membership in the Divisional 

Code Authorty shall therefore become vacant. 

SECTION 3. The Administration members, the Construction Code 

Authority and the Administrator shall be given at least five (5) 

days' notice of, and may sit at, all meetings of the DiYisional Code 

Authority. 

SECTION 4. Each Trade or Industrial Association directly or indirectly participating in the selection or activities of the Divi ional 

Code Authority shall impose no inequitable restrictions on membership. 

SECTION 5. It being found necessary, in order to support 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 subject to the 

approval of the Administrator: · 

(a) To incur such reasonable obljgations 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 purposes of the Chapter. 

(b) To submit to the Administrator for his approval, subject to 

such notice and opportunity to be heard as he may deem nece sary, 

(1) an itemized budget of its estimated expenses for the foregoing 

purposes, and (2) an equitable basis upon which the funds nece -

sary to support such budget shall be contributed by members of this 

Division. 

(c) After such budget and basis of contribution ha \Te been a pproved by the Administrator, to determine and secure equitable 

contributions as above set forth by all such members of this Division, 

and to that end, if necessary, to institute legal proceedings therefor 

in its own name. 

SECTION 6. Only members of this Division complying with this 

Code and contributing to the expenses of the administration of this 

Chapter as provided in Section 5 of this Article shall be entitled 

to participate in the selection of the members of the Divi ional Code 

Authority or to receive the benefit of its voluntary activities or to 

make u e of any emblem or insignia of the National Recovery 

Administration. 

SEcTION 7. Powers and Duties.-Subj ct to uch rule and r gulations as may be issued by the Administrator, the Divisional Code 

Authority shall have the powers and duties as are conferred by 
8 

Subdivision B of Article IV of Chapter I of this Code and also 

shall have the following powers and duties: 

(a) To provide for the execution of the provisions of this Code 

and provide for the compliance of the Industry with the provisions 

of the Act. 

(b) To cooperate with the Administrator in regulatin~ the use of 

any N.R.A. insignia solely by those members of t4is Division who 

have assented to, and are complying with, this Code. 

(c) To recommend to the Administrator further fair trade practice provisions to govern members of this Division in their relations 

with each· other or with other industries and to recommend to the 

Administrator measures for industrial planning, including stabilization of employment. 

(d) To use the Association and other a~encies as it deems proper 

for the carrying out of any of its activities provided for herein, 

provided that nothing herein shall relieve the Code Authority of its 

duties or responsibilities under this Code and that such Association 

and ag-encies shall at all times be subject to and comply with the 

proviswns hereof. 

(e) To cause to be formulated an accounting system and methods 

of cost finding and/ or estimating capable of use by all members of 

this Division. After such system and methods have been formulated 

by the Divisional Code Authority and approved by the Administrator, full details and instructions concerning them shall be made 

a vail able to all members. Thereafter all members shall determine 

and/ or estimate costs in accordance with the principles of such 

methods. 

(f) To appoint a trade practice committee which shall meet with 

the trade practice committees appointed under such other codes as 

may be related to the Industry for the purpose of formulating fair 

trade practices to govern the relationship between employers under 

this Chapter and employers under such other codes, to the end 

that such fair trade practices may be proposed to the Administrator 

as amendments to this Chapter and such other codes. 

(g) In compliance with the provisions of Section 1 of Subdivision A of Article IV of Chapter I, to select one of its members as a 

member of the Construction Code Authority. Such member shall be 

elected for a term of one (1) yeari or until his successor shall have 

been elected and qualified. The e ection shall be held upon proper 

notice to every member of the Divisional Code Authority, and each 

of such members shall -be entitled to one vote. In order for any 

candidate to be elected, seven (7) of the nine (9) members of the 

Divisional Code Authority shall have voted for his election. 

ARTICLE V-TRADE PRACTICE RuLEs 

General Definition.-For all purposes of the Code the acts described in this Article shall constitute unfair practices. Any member 

of this Division who shall directly, or indirectly through any officer, 

employee, agent or representative, use, employ, or permit to be employed, any of such unfair practices shall be guilty of a violation 

of the Code. 
9 

RULE 1. Bidding Below Oost.-No member of this Division shall 

submit bids on goods or services at a price which is below the reasonable estimate of the sllin of the following ite1ns of cost: 

1. Materials 

2. Labor 

3. Job Expense 

4. General Overhead 

The labor item of cost shall include, in respect to labor services or 

operations performed by any individual ·member of this Division, 

or any combination or association of such individual members, a 

charge computed at not less than the minimum rate of wage established in or pursuant to this Code as applicable to the perfonnance 

of such services or operations by e1nployees. 

Job expense shall include all costs which can properly be charged 

directly to individu,al jobs such as transportation and delivery of 

materials, men and equipment; compensation and public liability insurance; code administration expenses chargeable to the job; and an · 

appropriate allowance for the depreciation of equipment used directly on the job. 

General Ove1·head.-Within ninety (90) days after its recognition, 

the Divisional Code Authority shaH determine the lowest reasonable 

percentage of overhead costs during the period from 1927 to 1932, 

which percentage, after approval by the Administrator, shall be used 

in the formula specified above. It shall not include profit, accounting losses, selling and administration expense, depreciation on unused 

equipment, any return on invested capital, or intere~t on borrowed 

money. Until such time as this percentage of overhead be de-termined~ it shall be assumed at ten percent ( 10% ) of labor, material 

and j_ob expense.1 _ . 

RULE 2. Oollusion.-Section 9 of Article VII of Chapter I of this 

Code is specifically incorporated by reference with the same force and 

effect as if set forth in full in this Chapter, and nothing contained 

in this Chapter shall nullify, change, or affect the application of 

said Section to this Division. 

RuLE 3. Inac-cwrate Advwtising.-No member of this Division 

shall publish advertising (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 its use, trade-mark, grade, quality, 

quantity, origin, size, substance, character, nature, finish material, 

content or preparation) or credit terms, values, policies, services, or 

the nature or form of the business conducted. 

RULE 4. False Billing.-No member of this Division shall knowingly withhold from or insert in any quotation or invoice any 

statement that makes it inaccurate in any material parti ular. 

RuLE 5. I nacC'I.tTate Labelling.-N o member of this Division shall 

brand or mark or pack any goods in any manner -whjcl1 is intended 

to or does deceive or mislead purcha er. with respect to the brand, 

grade, quality, quantity, origin, size, sub tance, character, nature, 

finish, material, content or preparation of such good . 

'Add the following sentence : "It ~hall be n d f n e to any charge of violation of this 

Rule if the party charged shall satisfy the AdministratoQr that his bid wa , not lc than 

the reasonabl e estimate of said co. ts of any other number of the industry. " See para- graph 2 of orde1· approving this Code. 
10 

RULE 6. Inaccurate References to Competitors, etc.-No member 

of this Division shall publish advertising which refers inaccurately 

in any material particular to any competitors or their goods, prices, 

values, credit terms, policies or services. 

RULE 7. Threats of LaYW Swits.-N o member of this Division shall 

publish or circulate unjustified or unwarranted threats of legal proceedings which tend to or have the effect of harassing competitors or 

intimidating their customers. 

RuLE 8. Secret Rebates.-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 

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 9. Commercial Briberz;.-No member of this Division shall 

give, permit to be given or 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 bnbery as 

hereinabove defined. 

RuLE 10. Interference with Contracts.-No member of this Division shall wilfully induce or attempt to induce the breach of an 

existing contract between a competitor and his customer or source of 

supply by any false or deceptive means, nor shall any such me_mber 

interfere with or obstruct the performance of duties or services under 

such contracts, with the purpose and effect of hampering, injuring, 

or embarrassing competitors in their business. 

RuLE 11. No member of this Division shall sell or offer to sell any 

product of the industry by any false means or device which has the 

tendency and capacity to mislead or deceive customers or prospective 

customers as to quantity, quality, substance or size of such product. 

RuLE 12. Substitution.-No member of this Division shall use or 

substitute any products of this Division inferior in grade or quality, 

less in quantity, and/or of a different design or type, for those 

specified by the purchasers, without the consent of the purchasers to 

such uses or substitutions. 

RuLE 13. No member of this Division shall combine quotations 

for any product or service within this Division with any quotation 

for any other products or service for the purpose and with the 

effect of concealing the true selling price of the products or service 

within this Division. 

RuLE 14. No member of this Division shall combine the requirements for the products of this Division for two or more distinct and 

separate projects in one quotation to the same purchaser for the purpose and with the effect of concealing the true selling price for the 

products of any or all of such projects. Under this Section a project 

shall be considered distinct and separate from another project unless 

constructed on the same site and the awarding authority, including 
11 

the owner and his agents (including the Architect and the engineer), 

are the same entities. 

RULE 15. No member of this Division shall directly or indirectly 

sublet to any employee or laborer the labor services r equired by any 

contract secured by such member. 

RULE 16. No member of this Division shall submit an estimated 

price on any job or submit a bill for his services without retaining 

an adequate r ecord showing the cost analysis upon which his estimate was based or his charges determined. 

RULE ·17. No member of this Division shall render the following 

services, not expressly stated in the contract or specifications, without 

charaing for them : 

(a) Service rendered in connection with the. placing of the sub- base or foundation flooring in proper condition to r eceive the finished flooring or in obtaining free and clear working space. 

(b) Services required as a result of the failure of the purchaser 

to so arrange the progress of the operation as to permit one continuous uninterrupted installation, or as a result of failure of purchaser to provide electrical power and light when necessary. 

(c) Services required as a result of failure of purchaser to pro- vide free use. of elevator, hoist and operator when necessary.· 

(d) Costs incurred for insurance of materials delivered to or installed in the premises. 

RULE 18. No member of this Division shall submit a competitive 

bid as defined in Section 1 of Article VII of Chapter I of this Code, 

to an owner or any other person corresponding to an awarding authority as therein defined, unless such owner or other person agrees 

to comply with the regulations provided in this Code governing an 

awarding ·authority. 

RULE 19. Other Unfair Trade Practices.-N othing in this Code 

shall limit the effect of any adjudication by the Cotuts or holding by 

the Federal Trade Commission on complaint, finding, and order, that 

any 'Practice or method is unfair, providing that such adjudication 

or holding is not inconsistent with any provision of the Act or of 

this Code. · 

ARTICLE VI-Fn.rNG ,oF Bms 

SECTION 1. Each member of this· Division shall file with one of 

the independent agencies designated by the Divisional Code Authority, or the local administrative committee, a signed, true copy 

of every bid in excess of five hundred dollars ($500.00), includina 

all alter.nates and revisions thereto, submitted in connection with all 

competitive bidding as requi~ed by the awn;r<;li!lg authority; or s~ch 

lesser suin as may be determined by the Divisional Code Authonty 

for local regions or areas. Copies of bids shall not be opened until 

twenty-four (24) hours after the time specified by the awarding 

authority for the receipt of such bids. 

SECTION 2. The independent agency shall tabulate all bids, together with details of the awarding of the contract, all of which shall 

be kept confidential, except that· within three (3) days after the 

award of the contract to the successful bidder, ach bidder shall be 

sent a copy of the tabulation of the amounts of the bids only. 
12 

Each bidder shall pay his equitable, proportionate share of the 

cost of handling, tabulating and distributing such information but in 

no case shall the charge be more than one dollar ($1.00) for each 

bid submitted. 

SECTION 3. Upon the complaint of a bidder, the Divisional Code 

Authority or any local administrative committee appointed by it, 

shall elect 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 investigations 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 may be appropriate. 

ARTICLE VII-MoDIFICATION 

Subject to the provisiOns of Sub-paragraph (c) of Section 2 of 

Subdivision B of Article IV of Chapter I of this Code, the provisions of 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 Administrator and such notice and hearing as he shall specify, and to 

become effective on his approval. 

ARTICLE VIII-PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made more difficult of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price' increases except such as may be required to meet individual cost should 

be delayed, but when made such increases should, so far as possible, be limited to actual additional increases in the seller's costs. 

ARTICLE IX-REGISTRATION . OF MEMBERS OF THE DIVISION 

Each member of this Division within thirty (30) days after the 

effective date of this Ch,apter, shall register with the Divisional 

Code Authority. All members of this Division who may engage in 

the Wood Floor Contracting Division thereafter shall likewise register with the Divisional Code Authority. Registration of a member 

of this Division shall include the full name and mailing address of 

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

Authority to the Administrator for an extension of the time limit 

for the t -egistration by any member of this Division if it appears 

that the time limit as provided herein might cause injustice or undue 

hardship to any member of this Division. 
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ARTICLE X-REVIEW OF A cTs OF Drn ro T L CooE A THORITY 

If the Administrator hall determine that any action of the Divi- sional Code Authority or any agency thereof may be or is unfair 

or unjust or contrary to the public intere t the Admini tr·ator may 

r equire that such action be su pended to afford an opportunity for 

inve tigation of the merit. of uch action and furth r consi leration 

by the Divisional Code Authority or agency pending final action 

which shall not be effective unle s the Administrator a1 proves or 

unless he shall f ail to disappro\e after thirty clays' notice to him of 

intention to proceed with uch action in it original or modified form. 

ARTICLE X I-EFFECTIYE D A. TE 

This Chapter shall become effective on the thirtieth (30th) day 

after its approval by the President. 

Approved Code N o. 244, Supplement 1Jo. 11. 

Registry No. 1616-130. 

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UNIVER SITY OF FLORIDA 

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