Approved Code No. 244-Supplement No. 10 Registry No. 1020-02 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

RESILIENT FLOORING 

CONTRACTING INDUSTRY 

(A Division of the Construction Industry) 

AS APPROVED ON MAY 29, 1934 

WE DO OUR PARt 

I l 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 

v 
This pu_blicntion is fm· sale by the Superintendent of Documents, Government 

P rinting Office, Washington, D.C., and by district -offices of t...'le Bureau of Fureign 

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 50-1 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Booton, l\lass. : 1801 Customhouse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

Charleston, S.C. : Chamber of Commerce Buihling. 

Chicago, Ill.: Suite 1706. 201 North Wells Street. 

Cleveland, Ohio: Chamber of Commerce. Dallas, Tex. : Chamber of Commerce Building. 

Detroit, l\Iich.: 801 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, I nd.: Chamber of Commerce Building. 

Jac.:ks<.mville, Fla.: Chamber of Commer ce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. l\Iemphis, Tenn. : 229 FedPral Building. 

l\Iinneapolis, Minn. : 213 Federal Building. 

New Orleans, La. : Room 225-A, Customhouse. 

New York, N.Y.: 73-1 Customhouse. 

Korfolk, Va.: 406 East Plume Street. 

Philadelphia, P a .: 4.22 Commercial T rust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Loui , l\Io. : 506 Olive Street. 

San Francisco, Calif. : 310 Cu!"tomhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 244-Supplement No. 10 

SUPPLEMENTARY CODE OF FAIR CO:MPETITION 

FOR THE 

RESILIENT FLO·ORING CONTRACTI1~G INDUSTRY 

As Approved on May 29, 1934 

ORDER 

APPROVING CoDE OF FAIR CoMPETITION FOR THE RESILIENT FLOORING 

CoN'1'RAC'riNG 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 XIII 

of said Code, which Chapter XIII is applicable to the Resilient 

Flooring Contracting Division of the Construction Industry, and 

hearings have 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. 6543-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 XIII 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 XIII, providing, however., 

that the following sentence be and rt is hereby inserted at the end 

of Rule I 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." 

HuaH S. JoHNsoN, 

AdministTator for IndlustriaJl Recovery. 

Approval recommended: 

GEo. L. BERRY, 

Division Ad1ninistrator. 

WASHINGTON, D.C., 

May 29, 1934. 

64oos•----6u7-4----34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The lVhite Ho'use. 

Sm: This is a report on the Resilient Flooring Contracting Chapter 

of the Code of Fair Competition for the Construction Industry which 

is described as Chapter I and which was appro-ved by you on January 

31, 1934. This Chapter is a revi. ion after a public hearing conducted in 

\iVashington on March 16, 1934, in accordance with the provisions of 

theN ational Industrial Recovery act. This Chapter amplifies Chap-

. ter I, but applies specifically to the Resilient Flooring Contracting 

Division of the Construction Industry. 

PROYISIONS FOR HOURS AND W ACES 

With very minor exception~ the hours and wages set forth in 

Chapter I of the Construction LJode as approved by you on January 

31, 1934 are applicable to this Code. 

ECONOMIC EFFECT OF THE CODE 

Estimates made by the Division of Research and Planning indicate 

that the volume of business decreased from approximately $217,-

000,000 in 1929 to $42,000,000 in 1933, a decrease of about eighty 

per cent. 

It is reasonable to predict that the establishment of uniform rates 

of pay, uniform hours of work, improved conditions of employment 

and the prohibition of unfair trade practices will be beneficial to all 

of this Industry, as well as to the employees and the consumer. 

FINDINGS 

The Deputy Administrator in his final report to me on said 

Resilient Flooring 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 Resilient Floorin,o- Contracting Chapter and said Code 

of Fair Competition for the &nstruction Indu::;try, as supplemented 

by said Resilient Flooring Contracting Chapter, are well designed to 

promote the policies and purposes of Title I af the National Industrial Recovery Act, including removal of obstructions to the free 

flow of interstate and foreign commerce which tend to diminish the 

a mount thereof and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative ac-

(2) 
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tion among the trade. groups, by inducing and maintaining united 

action of labor and management under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, 

by pr01noting the fulle ·t possible utilization of the present productive 

capacity of industries, by avoiding undue restriction of production 

(except as may be temporarily required) , by increasing the consump- tion 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 Resilient Flooring Contracting Chapter and the Code 

of Fair Competition for the Construction Industry, as supplemented 

by said Resilient Flooring 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 Resilient Flooring Contractin.g Chapter and the Code of 

Fair Competition for the Construction Industry, as suppleinented by 

said Resilient Flooring Contracting Chapter are not designed to and 

will not permit monopolies or monopolistic practices. 

(e) Said Resilient Flooring Contracting Chapt€r and the Code 

of Fair Competition for the Construction Industry, as supplemented 

by said Resilient Flooring 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 depr.ived of the right to be heard prior to approval of said 

Resilient Flooring Contracting Chapter and of said Code, as supple- mented by this Resilient Flooring Contracting Chapter thereof. 

For these reasons, therefore, I have approved said Resilient Flooring Contracting Chapt€r of the Code of Fair Competition of the 

Construction Industry. 

Respectfully, 

MAY 29, 1934. 

HuGHS. JoHNsoN, 

Administrator. 
CHAPTER XIII 

CODE OF FAIR COMPETITION FOR THE RESILIENT 

FLOORING CONTRACTING DIVISION OF THE CONSTRUCTION INDUSTRY 

ARTICLE I-REFERENCE TO PROYISIONS OF CHAPTER I 

T he provisions 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 incorpor ated herein by 

reference with the same f orce and effect as if set forth herein in full; 

all other provi ions of Chapter I of this Code, including modifications or amendments thereto, except as herein provided, apply within 

this Division with the same f orce and effect as if set forth herein 

in full. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term "Resilient Flooring Contracting Division " 

or "this Division" as used herein shall mean the business of furnishing and installing, or the installing, for compensation, of all 

types of resilient preformed flooring materials in use at the present 

time and such other materials, of similar character, as may be developed in the future, but shall not include the furnishing and installing, for compensation, of resil.ient flooring materials ordinarily 

sold at retail by members of the Retail Trade, when sold for home 

purposes at established prices, but shall include such portion of resilient flooring materials as may be furnished and instaHea by members of the Retail Trade on a competitive bidding basis. 

Nothing in the definition of this Division shall in any way be construed as affecting the classification of labor employed under this 

Chapter of this Code. 

SEc. 2. The term "Resilient Flooring. " is used to describe various types of preformed materials employed as a finished floor surface. These materials include linoleum, cork tile, rubber tile, cork 

composition tile, asphalt tile, sheet rubber flooring, carpets and other 

materials of similar character. 

SEc. 3. The terms "Resilient Flooring Contractor" or "~iember 

of tllis Division " as used in this Chapter shall m.ean, but without 

limitation, any individual, partnership, firm, corpor ation, association or other form of enterprise engaged in work within this Division. 

SEc. 4. The term "Association " as used herein means the "N ationa! Resilient Flooring Association." 

ARTICLE III-Houns, WAGES AND CoNDITIONS OF EMPLOYMENT 

SEc. 1. H ours.-N o employee shall be permitted to work in excess 

of forty ( 40) hours in any one week or eight ( 8) hours in any one 

day, except that the provisioru; of this Section shall not apply to: 

(4) 
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(a) Outside salesmen. 

(b) Employees engaged in an executive, administrative or supervi ory capacity, receiving in excess of thirty-five ($35.00) dollars 

per week. Supervisory employees are defined as those who perform 

no manual labor. 

(c) Employees engaged in emergency work upon breakdowns or 

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

and one-half (llj~) times the normal r ate for all hours worked in 

exce s of forty ( 40) hours per week or eight (8) hours per day or 

six (G) days per week. 

(d) Watchmen "·ho hall not be permitted to work in e~ cess of 

fifty-six (56) hours in any one week nor six ( 6) days in any week. 

SEc. 2. Number of clays.-N o employee shall be permitted to work 

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

SEc. 3. Evasion th1·ough reemploym..ent.-No employee now employed at a rate in excess of the minimum herein e tablished shall 

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

evading the provisions of this Code. 

SEc. 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. 

SEc. 5. Contracting Labor.-No member of this Division shall 

(whether by the practice known as "Lumping" of labor or otherwise) sublet to any journeyman or other employee the labor services 

required by any contractor for work within this Division. 

SEc. 6. Mem,beTs performing work.-: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. 

SEc. 7. Oom.plaint.-No employee shall be dismissed for making 

a complaint or giving evidence with respect to an alleged violation 

of this Code. 

SEc. 8. 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 :vith. the 

name and address of the nearest official place where Code vwlatwns 

may be reported. 

SEc. 9. Standards for safety and heailth.-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 Auth?rity to the Administrator within six (6) months after the effective 

date of this Chapter. After approval, such standards shall becon:e 

the minimum standards of safety and health for all members of this 

Division. 

SEc. 10. Payment of wages.-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 
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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. 

vVages 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 other than those voluntarily paid or authorized to 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 

an e:s:ecutive, administrative or supervisory capacity who earn in 

excess 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. 

SEc. 11. Handicapped pm·sons.-A person whose earning capacity 

is limited because of age, 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. Such Authority 

shall be guided by the instructions of the United States Department 

of Labor in issuing certificates to such persons. 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 

the maximum hours of work for, all such persons. 

ARTICLE IV-ORGANIZATION, PowERs .AND Dms OF THE DrvrsroNAL 

CoDE AuTHORITY 

SECTION 1. A Divisional Code Authority is hereby constituted 

to administer this Code within this Division. 

SEc. 2. The Divisional Code Authority shall consist of seven (7) 

members all of whom shall have assented to this Code, to be selected 

as follows: 

(a) l\fembers of the Association shall elect five (5) 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 Association members of the Divisional Code Authority within thirty 

(30) days after the effective date of this Chapter and any other 

elections 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) days in advance of such 

election, exce:pt 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. 
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In the event o£ 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) days after such 

vacancy occurs. 

(b) The Administrator shall appoint two (2) members of the 

Divisional Code Authority from and to represent the members of 

this Divi.sion who are not members o.f the Association to serve for 

a tern1 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 Association may select their own men1bers 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 above 

provided, the Administrator .shall appoint them. Any n1ember of 

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

automatically disqualify himself from further holding such ofiice by 

joining the Association, and his membership in the Divisional Code 

Authority .shall therefore become vacant. 

SEc. 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 Divisional Code 

Authority. 

SEc. 4. Each Trade or Industrial Association directly or indirectly participating in the selection or activities of the Divisional 

Code Authority shall impose no inequitable restrictions on 

membership. . 

SEc. 5. lt 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 rea.sonable 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 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 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 

Division. 

(c) After such budget and basis o£ contribution have been approved by the Administrator, to determine apd 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. 

SEc. 6. Only members of this Division complying with this Code 

and contributing to the expenses of the administration of this Chap· 
8 

ter as provided in Section 5 of this Article shall be entitled to participate in the s.election of the members of the Divisional Code Authority or to receive the benefit of its voluntary activities or to make 

use of any emblem or insignia of the National Recovery Administration. 

SEc. 7. Powers and Duties. Subject to such rules and regulations 

as may be issued by the Administrator, the Divi. ional Code Authorit:y shall have the powers and duties as are conferred by Subdivision (b) of Article IV of Chapter I of this Code and also shall have 

the following powers and duties: 

(a) To establish, with the approval of the Administrator after 

such notice and hearing as he may prescribe, a standard contract 

form for use within this Division, which shall be used by all members. 

(b) To cooperate with the Administrator in regulating the use of 

any N. R. A. insignia solely by those members of this 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 the 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 establish, with the approval of the Administrator after 

such notice and hearing as he may prescribe, " Standards of Performance'' for use within this Division. 

(e) To appoint appropriate agencies for the administration of this 

Code in each Regional Division or Subdivision of the Association, 

as outlined in Exhibit "A" attached hereto, and to delegate to said 

agencies all necessary power and authority for the administration of 

this Code within the Regional Divisions of Subdivisions, including 

the adoption of divisional and subdivisional rules and regulations not 

inconsistent with this Code and subject to the approval of the Administrator provided that nothing herein shall relieve the Code Authority of its duties or responsibilities under this Code and that such 

Association and agencies shall at all times be subject to and comply 

with the provisions hereof. 

(f) To reYise, on the basis of experience and with the approval of 

the Administrator, the Regional Divisions to effectuate the administration o-f this Code. 

(g) 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 DiYisional Code Authority and approved by the Administrator, full details and instructions concerning them shall be made 

available to all members. Thereafter all members shall determine 

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

methods. 

(h) 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 relationships between employers under 

this Chapter and employers under such other codes, to the end that 
9 

such fair trade practices may be proposed to the Administrator as 

amendments to this Chapter and such other Codes. 

(i) 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 o:f one (1) year, or until his successor shall have 

been elected and qualified. The election shall be held annually upon 

proper notice to every member o:f the Divisional Code Authority, 

and each of such members shall be entitled to one vote. In order 

for any candidate to be elected six (6) of the seven (7) members 

of the Divisional Code Authority shall have voted :for his election. 

ARTICLE V-Tn.ADE PRACTICE RuLEs 

Ge71eral definition.-For all purposes of this Code the acts de- scrit~d in this Article shall constitute unfair practices. Any m·ember 

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

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

Code. 

RuLE 1. Bidding below cost.-No member of this Division shall 

submit bids on goods or services at a price which is below the reasonable-estimate of the sum of the following items 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 n1embers, a 

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

of such services or operations by employees. 

Job expense shall include all costs which can properly be charged 

directly to individual 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 overhead.-Within ninety (90) days after its recognition, 

the Divisional Code Authority shall determine the lowest reasonable 

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

which percentage, after approval by the AdministratQr, 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 interest 

on borrowed money. Until such time as this percentage of overhead 

be determined1 it shall be assumed at ten per cent {10%) of labor, 

material and Job expense.1 

1 Add following sentence: " It shall be a defense to any charge of violation of this 

Rule if the party charged shaH satisfy the Administrator that his bid was npt less than 

the reasonable estimate of any other member of the industry." (See par . .2 of order 

approving this Code.) 
10 

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

this Code is specifically incorporated by reference with the same 

for,e 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 ~. D1·ops.-No member of this Division shall sell merchandise o:F the classification known as ''drops" without designating 

them as such. " Drops " are hereby designated as those materials 

purchased as such from the manufacturer or discontinued by the 

manufacturer while in the stock of any member or any stock held 

by the dealer for a period of more than eight ( 8) months. " Drops " 

may be sold at a price below the member's individual cost estimated 

in accordance with Rule I of this Article and Section 7 (g) of Article 

IV. 

RULE 4. R egional installations.-N o member of this Division located in a specific region shall sell, supply or furnish any installation 

of resilient flooring in any other region without complying in every 

respect with the provisions governing that region as provided by the 

Divisional Code Authority and approved by the Administrator. 

RULE 5. Ter1ns of payment.-No member of this Division shall 

sell on terms of payment other than the following: 

(a) For all work terms of payment shall be net cash in full 

witlun thirty (30) days after date of completion, except work as 

described in the following paragraphs (b) and (c) of this Rule. 

(b) On general contract work the terms of payment shall conform 

to the terms of payment incorporated in the general contract. 

(c) 1Vhtnever work is performed on a deferred payment basis 

the actual cvst of financi~ shall be added to the regular selling 

price and paid for by t1ie Jl~hwser. 

RULE 6. Secret rebates.-N't'r 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 7. False marking or branding.-(a) No member of this Division shall falsely mark or brand any product of this Division 

which has the tendency to mislead or deceive customers or prospective customers, with respect to the grade, quality, quantity, substance, character, nature; origin, size, finish, or preparation of any 

product of this Division. 

(b) No member of this Division shall furnish merchandise purchased as " seconds " or " mill remnants " without specifically designating them as such at the time of the sale and on the invoice when 

rendered. 

(c) No member of this Division shall remove or obliterate any 

mark on the merchandise placed thereon by the manufacturer which 

brands said merchandise as "seconds" or "imperfect". 

RuLE 8. False or misleading state?Twnts.-N o member of this Division shall make false or misleading statements preventing the fair 

and impartial administration of this Chapter. 
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RULE 9. lnacmurate advertising.-No member of this Division shall 

publish adv~rti~ing. ( whe~her p:inted, rad~o, display or of any other 

nature) , which IS misle.ading or Inac~urate In any material particular, 

nor sh_all any !ll~mb~r IX: any way misrepresent any goods (including 

bu.t ~lth.out hm1tatwn Its use, trade-mark, grade, qua.lity, quantity, 

ongm, size, substance, character, nature, finish, matenal, content or 

preparation ) or credit terms va lues, policies, services, or the nature 

or form of the business conducted. 

RULE 10. lnacmr.,?'ate refe?'e'nces to competitors.-No member of this 

Division shall publi h advertising which refers inaccurately in any 

material particular to any competitors or their goods, price , values, 

credit terms, policies or services. 

RULE 11. Defmning co1npetitors.-N o member of this Division 

shall defame or disparage competitors by fal ely imputing to them 

dishonorable conduct, inability to perform contract , questionable 

credit sta.nding, or by other false representations, having the tendency 

to mislead or deceive customers or prospective customers. 

RULE 12. Breach of contract.-No member of this Division shall 

induce or attempt to induce the breach of an existing contract between a competitor and his customer or source of supply; nor shall 

any member maliciously interfere with or obstruct the performance 

of any such contractual duties or services. 

RULE 13. Standards of perjo1·mance.-No member of this Division 

shall knowingly violate the '~ Standards of Performance " as set and 

fixed by the Divisional Code Authority after such standards have 

been approved bX the Administrator. 

RuLE 14. ict~tious quantities.-No mem.ber of this Division shall 

use any qua~tity which he knows to be incorrect, in determining the 

cost of any Job. 

RuLE 15. Grouping of jobs.-N o member of this DiYision shall 

group together two or more jobs, either directly or indirectly, to effect a price below cost for any individual job. 

RULE 16. Oo11unereial bribery.-No member of this Division shall 

give, permit to be given, or dirGctly 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 bu iness 

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

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

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

bribery as hereinabove defined. 

ARTICLE VI-MomFIOATIONs 

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. 
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ARTICLE VII-REVIEw OF Aors OF DIVISIONAL ConE AUTHORITY 

If the Administrator shall determine that any action of the Divisional Code Authority or any agency thereof may be unfair or unju t or contrary to the public interest, the Administrator may require that such action be suspended to afford an opportunity for 

investigation of the merits of such action and further consideration 

by the Divisional Code Authority or agency pending final action 

which shall not be effective unless the Administrator approves or 

unless he shall fail to disapprove after thirty (30) days' notice to 

him of intention to proceed with such action in its original or modified form. 

ARTICLE VIII-REGISTRATION 

Each member of this Division shall register with the Divisional 

Code Authority within thirty (30) days after the effective date of 

this Chapter. Thereafter all who become members of this Division 

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 limjt for the registration 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. 

ARTICLE IX-PRICE INCREASES 

vVhereas, the policy of the Act to increase real purchasing power 

will be made impossible 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, 

5hall be delayed, but when made such increases should, so far as 

reasonably possible be limited to actual additional increases in the 

seller's costs. 

ARTICLE X-EFFECTIVE DATE 

This Chapter shall become effective on the fifteenth (15th) day 

after its approval by the President. 

Approved Code No. 244, Supplement No. 10. 

Registry No. lOW--02 . 
ExHIBIT A-REGIONAL DIVISIONS 

For the purpose of the administr ation of the Resilient FloorinO' 

Contr~c~i!lg Division Chapt_er o:f the ~ms ruction In<lustry Cod:, 

the DivisiOnal Code Authonty shall d1v1de the country into twelve 

(12) tentative regional Divisions as set forth w :-

Connecticut. 

l\faine. 

Massachusetts. 

New Hampshire. 

REGION NO. 1-NEW E NGLAND 

New York (the counties of Albany, Clinton, Columbia, Dutchess, 

E sex, Franklin, Fulton, Greene, Hamilton, Rensselaer, Saratoga, 

Schoharie, Sullivan, Ulster, Warren, vVashington). 

Rhode Island. 

Vermont. 

REGION NO. 2-lVIETROPOLIT AN NEW YORK 

Long Island and the counties of Westchester, Orange, Putnam 

and Rockland. 

New Jersey (the counties of Bergen, Essex, Hudson, Hunterdon, 

Middlesex, l\Torris, Passaic, Sornerset, Sussex, Union). 

New York City. 

REGION NO. 3-NORTH EASTERN 

Delaware (the county of New Castle). 

New Jersey (excluding those counties included in Region No. 2). 

New York (excluding those counties included in Region No. 1 

and Region No. 2). 

Pennsylvania (the eastern portion of the State bounded on the 

we t by and including the counties of McKean, Elk, Clearfield, 

Cambria and Somerset). 

REGION NO. 4--DENTRAL ATLANTIO 

Del a ware (the counties of Kent and Sussex). 

:Maryland. 

Virginia. 

Washington, D.C. 

West Virginia (excluding the counties of Brooke, Hancock, Marshall, Ohio). 

Alabama. 

Florida. 

Georgia. 

Louisiana. 

Mississippi. 

North Carolina. 

South Carolina. 

Tennessee. 

REGION NO. 5-SOUTH ATLANTIC 

(13) 
Arkansas. 

Oklahoma. 

Texas. 

14 

REGION NO. 6-SOUTH CENTRAL 

REGION NO. 7-0HIO 

Indiana (excluding the counties of Lake, LaPorte, Porter). 

l{entucky. 

Michigan (that portion east of Lake Michigan). 

Ohio. • 

Pennsylvania (those counties not included in Region No.3). 

West Virginia (the counties of Brooke, Hancock, Marshall, Ohio). 

REGIO~ NO. 8-cENTRAL 

Illinois. 

Indiana (the counties of Lake, LaPorte, Porter). 

I<l:wa. 

ICansas (the counties of Atchison, Brown, Doniphan, Douglas, 

Jackson, Jefferson, Johnson, Leavenworth, Shawnee, Wyandotte). 

Missouri. 

REGION NO. 9-NORTH CENTRAL 

l\fichigan (that portion west of Lake Michjgan). 

:Minnesota. 

North Dakota. 

Sonth Dakota. 

Wisconsin. 

Arizona. 

Colorado. 

REGION NO. 1 0-MID WEST 

J(ansas (excluding those counties contained in Region No. 8). 

Nebraska. 

New :Mexico. 

Utah. 

Wyoming. 

California. 

Nevada. 

Alaska. 

Idaho. 

Montana. 

Oregon. 

vV ashington. 

REGION NO. 11-SOUTH WESTERN 

REGION NO. 12-NORTH WESTERN 

0 

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