UNIVERSITY OF FLORIDA 

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3 1262 08482 9133 plement No. 15 Registry No. 1023-04 

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NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

TERRAZZO AND MOSAIC 

CONTRACTING INDUSTRY 

(A Division of the Construction Industry) 

AS APPROVED ON JULY 13, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

l'or sale by the Superintendent of Documen ts, Washi ngton, D.C. - - - - - - - - Price 5 c n w 
This publication is for sale by the Superintendent of Documents, GovE>rnment 

Printing Office, Wa~hin ton, D.C., and by district offices of the Bureau of Foreign 

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmiugham, Ala.: 257 Federal Building. 

Boston, 1\lass. : 1801 Customhouse. 

Buffa lo, N.Y.: Chamber of Commerce Building. 

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

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

Cleveland, Ohio: ChamlJer of Commerce. 

Dallns, Tex.: Chamber of Commerce Building. 

Detroit, l\1ich.: 801 First National Bank Building. 

Hou:ston, Tex. : Chamber of Commerce Building. 

Indial:apolis, Ind.: Clwmber of Commer ce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, 1\Io.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville. Ky.: 408 !fede ral Building. 

Mempbis, Tenu.: 229 Federal Building. 

Minneavolis, Milln.: 213 Federal Building. 

New Orlean.·, La. : Room 225-A, Customhouse. 

New Yotk, N.Y.: 734 Cu stomhouse. Norfolk, Va.: 406 East Plume Street. 

Philadelph ia, Pa.: 4::2 Commercial Trust Building. 

Pittsburgh. Pa.: Chamber of Commerce Building. 

Portla nd, Oreg.: 215 New Post Office Building. 

St. Louis. Mo.: 506 Olive Street. 

San Francisco, Calif. : 310 Customhouse. ~eat.tle, Wash.: 809 Federal Office Building. 
Approved Code No. 244-Supplernent No. 15 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

TER.RAZZO AND MOSAIC CONTRACTING 

INDUSTRY 

As Approved on July 13, 1934 

ORDER 

SUPPLEMENTARY CoDE OF FAIR CoMPETITION FOR THE TERRAzzo AND 

MosAic 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 XV 

of said Code~ which Chapter XV is applicable to the Terrazzo and 

Mosaic 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 : 

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

States, I, Hugh S. Johnson, Administrator for Indu trial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order No. 6543-A, dated December 

30, 193·3, 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 purpo es of aid Title of said Act; and do hereby order that said Chapter XV be and it is hereby approved and that the previous approval 

of aid Code of Fair Competition for the Con truction Industry is 

her by modified to include an approval of said Code in its entirety 

as supplemented by said Chapter XV. 

Approval recomm nded : 

GE . L. DERRY, 

HuGHS. JoHN ON 

.Adm,inist,'atm· fo r Ind1.(;8trial R ecovery. 

Division idministrator. 

vVAsnrNaToN, D.c., 

July 1 1934. 

73627 °----829-GO-- · --34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

SIR: This is a report on the Terrazzo and Mosaic Contracting 

Chapter of the Code of Fair Competition for the Construction 

Industry which is described as Chapter I and which was approved 

by you on January 31, 1934. 

This Chapter i a revision after a public hearing conducted in 

"\Vashington on January 8, 1934, in accordance with the provisions 

of the National Industrial Recovery Act. This Chapter amplifies 

Chapter I, but applies specifically to the Terrazzo and 1\!Iosaic Contracting Division of the Construction Industry. 

PROVISIONS FOR HOURS AND WAGES 

This Chapter provides that no employee shall be permitted to work 

in excess of eight (8) hours in any day, five (5) days in any week 

or more than one hundred and thirty -six ( 136) hours in any calendar 

month. This latter provision is equivalent to an average of approximately thirty-two (32) hours per week. This Division of the Construction Indu try is the first to reduce the forty ( 40) hours per 

week provided for in Chapter I. 

ECONOMIC EFFECT OF THE COI:E 

According to the statistical analysis of the Division of Research 

and Planning, the contract volume of the sponsors of this Chapter 

decreased from_ approxin1ately $16,000,000 in 1930 to $5,000,000 in 

1933. Employment has fallen from 8,000 in 1930 to 2,000 in 1933. 

It is reasonable to predict that the establishment of uniform rates 

of pay and hom·s of work and the prohibition of unfajr trade practices will be beneficial to this Industry as well as to the employees 

and the consumer. 

FINDINGS 

The Deputy Administrator in his final report to me on said Terrazzo and Mosaic 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 Terrazzo and Mosaic Contracting Chapter and said Code 

of Fair Competition for the Construction Industry, as supplemented 

by said Terrazzo and Mosaic Contracting Chapter, are well designed 

to promote the policies and purposes of Title I of the National Industrial Recovery Act, including removal of ob tructions to the 

free flow of interstate and foreign commerce which tend to dimin-

(2) 
3 

ish the amount thereof and will provi,de :for the gen ral w lfare by 

promotina the organization o:f indu try :f.or th. purpo · o~ o?rerative acti n among the trad aroups, by 1nduc1ng and ma1ntam1ng 

united action o:f labor and managem nt under ad ,quate g vernmental 

sanctions and supervi ion, by eliminating unfair competitive practice by promoting the :fulle t pos ible utilization of the pr nt 

produ tive capacity o:f indu trie by a .aiding \mdue re ~ri tion. o:f 

production (except a may be temporanly requ1re l) by 1ncrea mg 

the con umption o:f industrial and agricultural product throuah increasing purchasing power, by reducing and reli ving unemployment, by improving standard o:f labor and by otherwise rehabilitating industry. 

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

(c) Said Terrazzo and :Mosaic Contracting Chapter and the Code 

o:f Fair Competition :for the Construction Industry, as supplemented 

by aid Terrazzo and l\1osaic Contracting Chapter, as approved comply in all respects with the pertinent provisions o:f said Title o:f 

said Act, including without limitation Subsection (a) o:f Section 3, 

Subsection (a) o:f Section 7, and Subsection (b) o:f Section 10 

thereof· and that the applicant as ociation is an indu trial association truly representative o:f the aforesaid industry; and that said 

A sociation imposes no inequitable restrictions on admission to 

membership therein. 

(d) Said Terrazzo and Mosaic Contracting Chapter and the Code 

o:f Fair Competition :for the Construction Industry, as supplemented 

by said Terrazzo and Mosaic Contracting Chapter are not designed 

to and will not permit monopolies or monopolistic practices. 

(e) Said Terrazzo and Mosaic Contracting Chapter and the Code 

o:f Fair Competition :for the Construction Industry, as supplemented 

by said Terrazzo and Mosaic Contracting Chapter, are not de igned 

to and will not eliminate or oppress small enterprises and will not 

operate to discriminate against them. 

(:f) Those engaged in other steps o:f the economic proces have 

not been deprived o:f the right to be heard prior to approval o:f said 

Terrazzo and Mosaic Contracting Chapter and o:f said Code, as 

supplemented by this Terrazzo and Mosaic Contracting Chapter 

thereof. 

For these reasons, therefore, I have approved said Terrazzo and 

Mosaic Contracting Chapter of the Code o:f Fair Competition o:f 

the Con truction Industry. 

Respectfully, 

JULY 13, 1934. 

HuGH S. JoHNsoN, 

Ad1ninist1·ator. 
CHAPI'ER XV 

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE TERRAZZO AND MOSAIC CONTRACTING DIVISION OF THE CONSTRUCTION INDUSTRY 

ARTICLE I-DEFINITIONS 

SECTION 1. The word" terrazzo" is used to describe a surface composed of marble, stone or granite aggregates (chips) and cement, 

magnesite or other bonding agency which, in plastic form, is 

trowelled or rolled to proper consistency, and is finished, when set, 

with abrasives until a smooth and even surface is obtained. 

SECTION 2. The term "mosaic" is used to describe a surface com- p osed of small pieces of marble, glass, or smalti, firmly set in nwrtar. 

SECTION 3. The term "Terrazzo and Mosaic Division" or "this 

Division " as used herein means the contracting to install, andj or 

the installing, for hire, of terrazzo and mosaic surfaces. 

SECTION 4. The term "Member of the Division" includes, but 

without limitation, any individual, firm, partnership, association, 

corporation, or other form of enterprise engaged in work within this 

Division. 

SECTION 5. The term " bidder " as used herein means any member 

of the Division who submits bids, proposals or quotations in competitive bidding. 

SECTION 6. The term "Association" as used herein 1neans the corporation known as the" National Terrazzo and Mosaic Association." 

ARTICLE II-REFERENCE TO PROVISIONS OF CHAPTER I AND TO 

MANDATORY PRonsioNs oF THE AcT 

SECTION 1. Reference to Pr01Jisions of 0 hapter /.-Provisions of 

Chapter I of this Code, including any amendments thereto, or modifications thereof, except as herein specifically provided, are specifi- cally incorporated herein with the same force and effect as if set 

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 choosing, 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 one seeking employment shall be required as a condition of employment to join any 

company union or to refrain from joining, organizing or assisting 

a labor organization of his own choosing; employers shall comply 

with the maximum hours of labor, minimum rates of pay, and other 

conditions of employment, approved or prescribed by the President. 

(4) 
5 

SECTION 3. Presid ntial Powe1·s.-This Code, and all the provi- sions thereof, are expres ly made subject to the right of the President, in accordance with the provision of ubsection (b) of Section 

10 of the Act, from time to time to cancel or nwdify any order, 

approval, license, rule or regulation i ued under Title I of the Act 

and specifically, but without limitation to the right of the President 

to cancel or modify his approval of this Code, or of any additional 

Chapter thereof, or any conditions imposed by him upon such 

approvaL 

ARTI LE III-HoURs, WAGES AND CoNDITIONS OF EMPLOYMENT 

SECTION 1. Notwithstanding the provisions of Subparagraph B of 

Section 2 of Article III of Chapter I of thi Code, no employee shall 

be permitted to work in excess of eight ( 8) hours in any day or 

forty ( 40) hours in any week or five ( 5) days in any week or one 

hundred and thirty-six (136) hours in any calendar month. No employee shall be permitted to work on Saturdays, Sundays or legal 

holidays. 

The provisions of this Section shall not apply to: 

(a) Employees engaged in emergency work upon breakdowns or 

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

the rate of one and one-half (1:Y2 ) times the normal rate for all hours 

in excess of the maxima established in this Section and for such work 

performed on Saturdays, Sundays and legal holidays. 

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

capacity receiving in excess of thirty-five dollars ($35.00) per week. 

Supervisory employees are defined as those who perform no manual 

labor. 

(c) Clerical and office employees who n1.ay be permitted to work 

not in excess of forty ( 40) hours in any week or eight (8) hours in 

any day or five and one half ( 5:Y2 ) days in any week. 

SECTION 2. Mini1num Age.-No member of this Division shall 

€mploy any person under the age of eighteen (18) years. 

SECTION 3. Evasion through Ree1nployment.-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. No member of the Division shall pay to any employee 

wages below the minimum wages herein mentioned, or below any 

higher wages established under the provisions of Article III of 

Chapter I in the locality in which the work is being done. 

SECTION 5. Oontr·acting Labor Services.-No member of this Division shall directly or indirectly sublet to any employee or laborer, 

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 

per on or persons subject to labor provisions less stringent than 

tho e provided in this Chapter. 

SECTION 6. 0 01nplairnt.-N o employee shall be dismis eel by reason of making a complaint or giving evidence with respect to an 

alleged violation of this Code. 
6 

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 cmnplete 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. Every member of the Division shall 

comply with all rules and regulations relative to the posting of pro- visions of Codes of Fair Competition which may from time to time 

be prescribed by the Administrator. 

SECTION 8. 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 employn1ent. He shall comply, except as superseded by State Laws, with the provisions of the Safety 

Manual adopted by the Associated General Contractors of America, 

or the Safety Platform of the Construction League of the United 

States, or the rules set forth by the National Safety Council and 

local ordinances referring to safety measures in so far as the same 

may apply to his clas of work. Standards of safety and health 

shall be submitted by the Divisional Code Authority to the Administrator within three (3) months after the effective date of this 

Chapter and when approved shall supersede the foregoing standards. SECTION 9. Compensation Inswrance.-All members of this Division hall protect their employees by compensation insurance. 

SECTION 10. Pay1nent of W ages.-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 employees. Employer shall also provide such identification as is necessary to utilize such facilities. 

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

shall be exempt from any payment or deduction for pensions, insur- ance or sick benefits except .such as is required by law or 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 favor 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 supervi ory capacity who earn in 

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

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

SECTION 11. Handicapped Persons.-A person whose earning capacity is limited because of age, physical or mental han licap or other 

infirmity may be employed on light work at a wage below the minimum establi hed 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 
7 

in issuing certificates to such persons. Each employer shall file 

monthly with the Divi ional Code Authority a list of all such persons employed by him showing the wages paid to, and the maximum 

hour of work for, all such persons. 

SECTION 12. Nothing in the definition of this Division shall in 

any way be construed a a:ff ting the clas ification of labor employed 

under this Chapter of this Code. 

ARTICLE I V- 0RGA1'-.'l:ZATION PowERs AND DuTIEs OF THE DIVISIONAL 

CoDE AUTHORITY 

SECTION 1. A Divisional Code Authority is hereby constituted to 

aclmini ter thi Code within thi Division. 

SECTION 2. The Divi ional Code Authority hall consist of e~ en 

(7) member , all of whom shall have assented to this Code, to be 

selected as follows : 

(a) Ivlember of the Association shall elect five (5) member of 

the Divi ional Code Authority from member of the Association by 

majority vote of the said members to serve for a term of one (1) 

year or until their successors are elected. The Association i hereby 

designated as the a~Yency to conduct the first election of the A sociation members of the Divisional Code Authority within twenty (20) 

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

of Association membors of the Divisional Code Authority which may 

thereafter be held. Notice of the tim.e and place of regular elections 

shall be sent to all members of the Association and to the Aclministrator at least forty ( 40) clays in advance of such election, except that 

the fir t election abo\e referred to may be held on ten (10) days' 

notice. Voting at all elections may be in per on, or by proxy or 

letter ballot and each member of the Association shall be entitl d to 

one vote for each membership to be filled. In the event nf any 

vacancy in the A sociation membership of the Divi...:ionL l Code 

Authority, a special1neeting of the members of the A so ia ion 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 whmn he is succeeding. Such election 

shall be called within twenty (20) days after such vacancy occurs. 

(b) The Administrator hall appoint two (2) member of the 

Divisional Code Authority from and to represent the members of 

thi Divi ion 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 repre entation of the Divisional Code Authority the 

1nembers of thi Divi ion who are not members of the A ociation 

may sele t their own members of the Divi -ional Code Authority, 

which succes or and the method of their election ·hall be approved 

by the Admini trator. If them mbers of the Divi ion who are not 

members of the A ociation do not elect u h u ce or , a aboYe 

provide l, the Administrator shall appoint them. Any member of 

the Divi ional Cole Authority selected from a.nd to repr . nt members of thi Divi ion who are not member of the A ocia.tion hall 

automatically ili qualify him elf from furth r holdinO' u ·h ffi ·e 

by j oinino· he A~ ociation and his member hip in the Di i ional 

Code Authority shall th reur on become vacant. 
8 

r, SECTI_ON 3. The Adm_in.i tration members, the Construction Oode J\.u~honty and the Admmi trator hall be given at least five ( 5) days' 

notice of, and may sit at, all meetings of the Divisional Code 

Authority. 

I SE TI N 4. Each Trade or Indu trial Association directly or 

i~Jirectly participating in the selection or activities of the DivisiOnal Code Authority shall impose no inequitable restrictions on 

member hip. 

! SECTION 5. It being found necessary, in order to support the administration of thi Chapter and to maintain the standards of fair 

competition e tabli heel 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 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. 

1 (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 

purpose , 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 of contri 1

Jution have been approved by the Administrator, to determine an l secure equitable contribution 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. 

1 SECTION 6. Each member Qf this Division shall pay his or its 

equitable contribution to the expenses of the maintenance of the 

Divisional Code Authority determined as hereinabove provided and 

subject to rules and regulations pertaining thereto issued by the 

Administrator. 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 (unless duly exempted from making such contribution) shall be entitled to participate in the selection 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. 

' SECTION 7. Powers and Duties.-Subject to such rule and regulations as may be issued by the Administrator, the Divisional Code 

Authority shall have the powers and duties as are conferred by 

Subdivi ion (b) of Article IV of Chapt~r I of this Code and also 

shall have the following powers and duties: 

1 (a ) to provide for the exe?ution of the provisions. of this Coc~e 

and to provide for the compliance of the Industry with the provisions of the Act. 

1 (b) to establi h with the approval of the Aclmini trator, classifi-

' cations for terrazzo and mosaic n1aterials and work, standard grades 

and quality, and specifications for the materials and services of the 

Divi ion, in order to as i t in making effective the reports from the 

members of this Division and in eliminating unfai~ competition. 
9 

(c) to use such trade associations and other ag ncies as it deems 

proper for the carrying out of any of its activitie provided for 

herein provided that nothing herein shall relieve the Di vi ional Code 

Authority of its duties or responsibilities under this Code and that 

such trade associations and agencie shall at all times be subject to 

and comply with the provi ions hereof. 

(d) to cooperate with the Administrator in regulating the use of 

N.R.A. insignia by those members who are comply1ng with this Code. 

(e) 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. 

(f) to cause to be formulated methods of cost finding and accounting capable of use by all members of this Division and shall ubmit 

such methods to the Admini trator for review. If approved by the 

Administrator, full information concerning such methods hall be 

made available to all members of this Division. Thereafter, each 

member of this Divi ion shall utilize such method to the extent 

found practicable. Nothing herein contained shall be construed to 

permit the Code Authority, any agent thPreof, or any member of 

the Division to suggest uniform additions, percentage or differentials or other uniform items of cost which are designed to bring 

about arbitrary uniformity of costs or prices. 

(g) 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 purpo e of formulating fair 

trade pract.:ces to 0 0Vern the relationships between employers under 

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

such fair trade practices may be proposed to the Administrator as 

amendment to this Chapter and such other codes. 

(h) to provide appropriate facilities for arbitration other than in 

labor disputes and subject to the approval of the Administrator, to 

prescribe rules of procedure and rules to affect compliance with 

a\\ards and determinations. 

( i) 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 

Division as a member of the Construction Code Authority. Such 

n1ember shall be elected for a term of one (1) year, or until his 

successor shall have been elected and qualified. The election shall 

be held upon 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, six (6) of the seven 

(7) members of the Divisional Code Authority shall have voted for 

hi election. 

SECTION 8. If the Admini trator hall determine that any action 

of the Divisional Code Authority or any agency thereof may be 

unfair or unjust or contrary to the public intere t the Administrator may r quire that such action be suspended to afford an opportunity for investigation of the merits of nch action and further 

con ideration by the Divisional Code Authority or agency pending 

final action which hall not be eff ctive unl s the Administrator 

approves or unless he shall fail to disapprove after thirty . days' 
10 

notice to him of intention to proceed with such action in its original 

or modified form. 

ARTICLE V.-TRADE PRACTICE RULES 

General D finitior~.-For all purposes of this Code, the acts described in this Article shall constitute unfair practices and are prohibited. Any member of this Division who shall directly or indirectly through any officer, employee, agent or representative, 

kno-vvingly u e, employ, or permit to be employed any of such unfair 

practices shall be guilty of a violation of the Code. 

RuLE 1. Inaccurate Advertising.-No member of the Division shall 

publi h a lvertising (whether printed, radio, display or any other 

nature) which is misleading or inaccurate in any material particular, nor shall any mem_ber 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 2. False illir~g .-No member of the Division shall knowingly withhold from or insert in any quotation or invoice any statement that makes it inaccurate in any material particular. 

RULE 3. lnaccu.1·ate References to Oo1npetitor·s, etc.-No member 

of the 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 4. 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 5. R ecords.-N o employer shall submit an estimate price on 

any job or submit a bill for his services without retaining an adequate record showing the cost analysis upon which his estimate was 

based or his charges determined. 

RuLE 6. Threats of Law Suits.-No 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 7. Secret Rebates.-N o member of this Division shall secretly offer or make any payn1ent 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 8. Oo1n1nerc-ial Bribery.-No member of this Division shall 

give, permit to be given, or directly offer to give, anything of value 

for the purpose of influencing or rewarding the action of any em· 

ployee, agent, or representative of another in relation to the bu ine ·s 

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

the represented party without the knowledge of such employer, principal ~r party. This provision shall not be construed to prohibit 
11 

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

bribery a hereinabove defined. 

RULE 9. No member of this Division shall sell or offer to sell any 

product of the Indu try by any fal ·e means or device which has the 

tendency and capacity to mislead or deceive customers or prospectiYe customers as to quality, quantity, ubstance, or size of such 

product and the tendency to injuriously affect the busines of 

competitors. 

RULE 10. No member of this Division shall require an employee 

to do a certain piece or amount of work in a designated time. 

RuLE 11. No member of this Division, whether individually or in 

combination with other members of this Division shall work with 

tools except in compliance with the maximum hours herein provided, 

and any uch member or combination so working as employee shall 

comply with all applicable provisions of this Code including the 

provi ·ion of Rules 4 and 6 of this Article. 

RuLE 12. No member of this Division shall combine quotations 

for any product or service within this Division with any quotation 

for any other product or service for the purpose or with the effect 

of concealing the true selling price of the product or service within 

thi Division. RuLE 13. No member of this Division shall submit a competitive 

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

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

agrees to comply with the regulations provided therein governing 

an awarding authority. 

RuLE 14. l nf erio'r Work.-No member of this Division shall substitute inferior materials or an improper m_ix, nor shall he use 

materials or any misrepresentation in connection with the sale of 

such materials or mix, for the purpose or with the effect of misleading or deceiving purchasers with respect to the quantity, quality, or grade thereof. 

Unless with the consent of the owner or awarding authority, noncompliance with specifications or contractual requirements for quality of materials and class of workmanship shall be considered a 

violation of this Chapter. 

ARTICLE VI-FILING OF BIDS 

SECTION 1. Each member of this Division shall file with an independent, impartial agency designated by the Divisional Code Authority, or by the local administrative committee, a igned true 

copy of every bid in excess of two hundred dollars ($200.00), or 

such lesser c::um as may be determined by the Divisional Code Authority for local regions or area , including all alternates and re- visions thcr to submitted in connection with all competitiv bidding 

as require 1 by the awarding authorit . Copie of bi l shall n t be 

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

th a war ling authority for the receipt of such bids. 

SE TION 2. The independent agency shall tabulate all bid , together with any available d tail of the awarding of the contract, 
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all of which shall be kept confidential, except that, within three (3} 

days after the award of the contract to the successful bidder, each 

bidder hall be sent a copy of the tabulation of the amounts of the 

bids only. 

Each bidder shall pay his proportionate share of the cost of 

handling, tabulating and distributing such information, but in no 

ca e more than one dollar ($1.00) for each bid submitted. Such bids and tabulations shall be available to the Administrator 

until the contract is completed. 

SECTION 3. Upon complaint of a bidder, the Divisional Code Authority or any local administrative committee appointed by it, shall 

appoint 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 

A sociation. 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. Such findings and summaries shall be available to the Administrator. 

ARTICLE VII-MoDIFICATION 

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

Sub-clivi ion 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 hall specify, and 

to become effective on his approval. 

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. All who may engage in the Terrazzo and Mosaic 

Division thereafter shall likewise regi ter 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 r 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 Di vi ion. 

ARTICLE IX-EFFECTIVE DATE 

This Chapter shall become effective on the second Monday after 

its approval by the President. 

Approved Code No. 244-Supr lement No. 15. 

Registry No. 1023-04. 

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