Appro,•ed Code Ko. 318 Registry No. 1616- 104 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

WRECKING AND SALVAGE 

INDUSTRY 

AS APPROVED ON MARCH 3, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1934 

FQJ' sale by the Superintenden t of Documen ts, Washington, D.C. - - - - - - - - I'rice 5 cents 

y 
This publicatim~ is for sale by the Superintendent of Documents, Government 

Printing Office, Wa hington, D.C., and by district office of the Bureau of 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

tlanta, Ga.: 504 Po t. Office Building. 

Birmingham, Ala.: 257 FE:deral Building. 

Bo ton, Ma s.: 1801 Customhouse. 

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

Charle ton, S.C.: Chamber of Commerce Buildinu. 

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

CleYeland, Ohio: Chamber of Commerce. 

Dalla , 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. 

Kan as City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. Loui ville, Ky. : 408 Federal Building. 

Memphis, Tenn.: 229 Federal Building. 

Minneapolis, Minn.: 213 Federal Building. 

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

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa.: 422 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. 

San Francisco, Calif.: 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 318 

CODE OF FAIR COlVIPETITION 

FOR THE 

WRECKING AND SALVAGE INDUSTRY 

As Approved on March 3, 1934 

ORDER 

ArPRonxo ODE OF FAIR Co :uPETITIO~ FOR THE \YRECKIXG AXD 

SALYAGE I:~mu TRY 

An application having been duly made pur uant to and in :full 

compliance ~Vith the provi ion of Title I of the National Indu trial 

Recover Act, approved June 16, 1933, :for approYal of a Code of 

Fair Competition -for the \Yrecking and al",age Industry, and hearing- haYing been duly held thereon and the annexe l report on said 

Code, containing findings with re pect thereto, haYino· been made 

and directed to the Pre iclent: 

XO\Y, THEREFORE on behalf of the Pre ident of the United 

State , I, Hugh S. John on Administrator :for Indu trial Recovery, 

pur uant to authorit. \e ted in me by Executive Order of the 

Pre ident in lncling ExecutiYe Order No. 6543-A, dated December 

30, 1933 and other~Vi e; do hereby incorporate by reference aiel 

annexed report and do find that aiel Code complies in all respects 

with the pertinent proYi ion and will promote the policy an l purpo. e · of aid Title of aiel Act; an l do hereby order that aid Code. 

of Fair ompetition be and it i hereb approved. 

HeaH S. JoHN ox, 

Adn2inistrator jo1· Industrial R ecovery. 

Approval recommended: 

GEo. L. BERRY, 

Division Administl'ator. 

\Y .A 'HIXGTOX, D.C., 

March 3, 1934. 

44101·----4~5-~9---- 34 (459) 
r REPORT TO THE PRESIDENT 

THE PRESIDENT' 

The White House. 

Srn: This is a report on the Code of Fair Competition for the 

'Vrecking and Salvage Industry in the United States, the hearing 

haYing been held in vVashington, D.C., December 5, 1933, in accordance with the provisions of the National Industrial Recovery Act. 

PROVISIONS AS TO HOUR A:XD "AGES 

All employees except those in an executiYe or managerial capacity 

who receive more than thirty-five (35) dollars per week shall be paid 

a minimum of forty ( 40) cents per hour except in the hereinafter 

mentioned areas, where the wages shall be as follo"s: 

l\Ietropolitan area, City of New York, seYenty (70) cent· per hour; 

City of Chicago, fifty (50) cents per hour; 

The States of Alabama, Florida, Georgia, Louisiana, Missi sippi, 

North Carolina, South Carolina and Tenne -·ee, thirty (30) cents 

per hour. 

No employee shall be permitted to work more than forty ( 40) hours 

per week, or more than eight (8) hours in any twen() -four (24) hour 

period. 

Tolerance in hours is granted to yard foremen who are permitted 

forty-four ( 44) hours per week, time keepors forty-eight ( -±8) hours 

per week, truck drivers forty-four (44) hours per week, and watchmen one hundred and twelve (112) hours e' ery two week , a well 

a to employees on emergency work. 

All employees on emergency work shall be paid at the rate of time 

and. one-third for hours in exces of the normal laily or weekly 

n1ax1mum. 

l\finimum wage of office employees shall be not less than thirteen 

( 13) dollars and fifty (50) cents per week 

No per on under the age of 18 shall be employed by the Indn try. 

A minimum rate of pay is e~i:abli heel regardle s of whether an 

employee i '"orking on a time or piece "·ork, or other basis, and it is 

al o provided that no employee shall be reclassified or suffer any 

reduction in hourly "-ages. 

ECONOMIC EFFECTS OF THE CODE 

According to the statistics compiled by the Industry, there i a 

normal employment of approximately thirty thou and (30,000) 

people. 

The wrecking and SalYage Indu try reports that it is closely allied 

with the Construction Industry and naturally conforms fairly clo ely 

to the eli tribution of population, a large proportion of the Industry 

being in large cities. Employment in the In lu tr} is naturally 

seasonal. 

(-:1:60) 
461 

During the pa t four year , according to the Inclu try, minimum 

wage hnYe r::mo·ecl from a low a seYen anl one-half (71j2 ) cent to 

twenty-five (25) cent per hour. Owing to the Pre ident' Reem- ployment Agreement minimum wa ge have in ome ca es ri n to 

fifty (50) cents. However, only a fe,, of the members of the Incln. -

try haYe complied with thi Agreement. It i · estimatecl that under 

the Code, increase. in wage · will amount to fully thirty (30) percent, 

an l owing to the maximum hours e tabli heel, an increa e in employment of ome forty ( 40) percent should be note l. 

FINDI:NG 

The As i tant Deputy Administrator in hi final report to me 

on said Code haYing found as herein et forth and on the ba. is 

of all the proceeding in this matter; 

I fi11d that: 

(a) Said Code is well designed to promote the policie and purpo es of Title I of the National Indu trial Recovery Act including 

removal of obstructions to the free flow of inter tate an l foreign 

commerce which tend to diminish the amount thereof and wl.ll 

proYicle for the general welfare by promoting the organization of 

indu try for the purpo e of cooperative action among the trade 

group., by inducing and maintaining united action of labor and 

management under adequate goYernmental sanctions and upervision, by eliminating unfair competitive practices, by promoting 

the fullest po ible utilization of the pre ent productive capacity 

of industries, by avoiding undue re triction of production (except 

as 'may be temporarily required) , by increa ing the consumption of 

indu trial and anTicultural products through increa ing purcha ing 

power, by reducing and relieving unemployment, by improving 

tandard of labor, and by otherwise rehabilitating industry. 

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

(c) The Code a approved complie in all re pect · "·ith the pertiI~ent l?rm i i<?ns of said Titl~ of said Act _inclu ling with~ut limitation Sub ectlon (a) of Sectwn 3 Sub ectwn (a) of Sectwn 7, and Snb ection (b) of Section 10 thereof; and that the applicant Association is an industrial As ociation truly representative of the aforeaid Indu try; an l that aid A· ociation imposes no inequitable 

restriction on admi ion to member hip therein. 

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

or monopolistic practices. 

(e) The Code is not cle igned to and will not eliminate or oppre s 

small enterprises and will not operate to discriminate against them. 

(f) Tho e engaged in other tep. of the economic proces have 

not been depriYecl of the right to be hear l prior to approval of 

said Code. 

For these reasons therefore I have approYed this Code. 

Respectfully, 

l\1ARCH 3, 1934. 

H-coH S. JoHNSoN, 

Administratm·. 
CODE OF FAIR COMPETITION FOR THE 'VRECI{ING 

AND SALVAGE INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

RecoYery Act, the following provisions are e tablished as a Code of 

Fair Competition for the "\Vrecking and Salvage Industry, and . hall 

bo the standard of fair competition for such industry and shall be 

binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

1. The term "wrecking and salvage indu try " or "industry" as 

used herein is defined to mean the dismantling, wrecking, razing or 

demolishing for pay or salvage and/or the alvaging, wholly or in 

part of any building, bridge, or other structure, except: 

(a) The dismantling, wrecking, razing, demolishing andjor salYaging of cars, ships, locomotives, traction lines, railroads, well derricks or structures the wrecking or salvaging of which is generally 

recognized a not among the operations of the indu try. 

(b) The dismantling, wrecking, razing, demolishing and/or salvaging of any structure or part thereof where such operation or 

operations is or are governed by a code of fair competition approved, 

or which may be approved by the President or his duly authorized 

agent. 

(c) Any of the aboYe mentioned operations when performed in 

connection with other work that i not included in the operations 

of this industry and "'hen such combined operations by cu tom have 

previously been performed by another industry. 

2. The term "employee" as used herein includes anyone except a 

member of the Industry engaged in the "Industry" in any capacity 

receiving compensabon for his service, irre pective of the nature or 

method of payment of such compensation. 

3. The term "employer ' as u ed herein includes an3 one by whom 

such employee is compensated or employed. 

±. The term "member of the industry" as u ed· herein i defined 

to mean anyone who is engaged in the industry as above defined 

whether as an employer or on his own behalf. 

5. The term "Association" as used herein is defined to mean the 

A ·~o iated \Vrecking & Salvage Contractors of the United States. 

G. The term " emergency work " i d~finecl to mean any work 

which requires imme liate attention pursuant to any rule or regulation of a municipaL state, or goYernment authority. 

7. The term "·President", "Act" and "Administrator" as used 

herein shall mean respectiYely the President of the United States, 

Title I of the National Industrial Recoyery Act, and the Ad mini.-

ti·ator of said Act. 

(462) 
463 

P opulation for th purpo~e of thi Code hall be determined by 

referenc to the 1930 Fe leral Censn . . A yanl manager i defined to mean that per on who upervi es 

a yanl together with any other part of th bn ·in · of the member of 

the Indu try connected with the yard. 

9. A yard foreman i defined to mean that per on who uperYl ~ 

a yard under the juri diction of the yard manager. 

10. A brick and/ or lumber cl aner i defined to mean that clas of 

labor which cleans brick and/ or lumber removed from. a wrecked 

trncture. 

11. The term "State " a u eel herein shall include the forty-eight 

( 4 ) tate of the "Cnited State , the Di trict of Columbia and all 

territorie and po ·e ion of the United State to which the A t is 

applicable. 

ARTICLE III-HouR 

1. No em plo3 ee hall be permitted to work more than forty ( 40) 

hour per week or eight (8) hour in any twenty-four (2±) hour 

period. except as hereinafter pro\icled: 

(a) Employee who are engaged in executiYe and /or managerial 

capacitie and who regularly earn not le than thirty-five cl liars ($3~.00) per week, out ide. alesmen, and yar lmanao·er:. Each yard 

.·hall be re ti·icted to one yardmanager. 

(b) Yar l foremen hall be permitted to work not more than fort~

four ( 44) hour per 'Teek or nine (9) hour in any twenty-four (24) 

hour period. 

(c) Time keeper may be permitted to work not more than fortyeight (48) hour · per week or nine (9) hours in any twenty-four (24) 

hour period. 

(d) Truck driYer and their helper may be permitted to 'York not 

more than fort} -four ( 44) hour · per week or nine (9) hour in any 

hYenty-four (24) hour period. except where contract . now in effect, 

and arriYed at through collectiYe bargaining, are based on longer 

hour . In such latter ca e the maximum hours of work hall in no 

eYent be greater than forty-eight (4 ) hour p r "-eek. 

(e) \Yatchmen shall work not more than one hunclr\.:cl and hYeh·e 

( 112) hours eYery two w·eek . 

2. In each diYi ·ion or ubcliYi ion of the indu try truly repre._entatiYe a ociations or group of employer an l employee re pectiYely 

concerned. after proper notice and hearing and a a re ult of bona 

fide collectiYe bargaining. may e tabli h by mutual agreement (when 

a1 pr Yed bj the Pre··ident as ll'OYided in Section 7 (b) of the ~ ct), 

for a pecifically defined region or locality the stan lard ~ of hours of 

labor rate of pay and uch other condition of employment, relating 

to occupations or t} pe of operation in sn ·h diYision or . ubdiYi ion~ 

as ma3 be nece sary to effectuate the policy of Title I of the Act. 

The terms of uch an agreement between the employer and employee 

of a diYi ion or ubcliYi ion of the in ln. try . hall not be binding npon 

the employer and employee of any other cliYi ion or subdivi ion of 

the indu try. 

After the Pre. ident ha appro-vel any uch agreement arriYed at 

within any uch clivi ion or ubdiYi ion and after proper notice of 

such approval, it shall be deemed prima facie unfair competition 
464 

for any employer in such division or subdivision to fail to comply 

with the standards of maximum hours of labor, minimum rates of 

pay or other conditions of employment so approved and prescribed 

by the President in respect of the performance within the defined 

region or locality of the types of operations concerned; and the failure of such an employer to desist from such unfair competition after 

being given due notice and opportunity to be heard, shall constitute 

a Yiolation of the requirements of this Code. 

There may be established by the Administrator, Industrial Relations Boards for the Industry consi ting of an equal number of 

representatives of employers and employees to deal with all matters 

in the Code relating to labor. Where a majority agreement cannot 

be reached, an impartial chairman shall be selected by that Board 

to render a decision. The creation and functioning of these Boards 

including the election of representatives of employees shall be in 

accordance with Section 7 of the Act. If no truly representative 

labor organization exi ts, the employee member of such Board shall 

be chosen by the Labor Advisory Board of the N.R.A. The 

employer representatives shall be chosen by the Code Authority. 

The Industrial Relations Board may establi ·h such subsidiary agencies constituted in like manner as it finds nece sary. 

The provisions of this Section shall not be construed to limit the 

pow·er of the President, in the absence of such a mutual agreement, 

to exercise any authority conferred upon him under Section 7 (c) 

of the Act. 

3. \Vhere provi ions concerning hours of labor or rates of pay have 

been established for specific projects, by- competent governmental 

authority or agencies (whether Federal, tate or political sub-divisions thereof) acting in accordance with law, any employer required 

t o comply and complying with the provisions so established shall be 

relieved of compliance with any conflicting provisions of this Article 

or of any actions taken in accordance therewith. 

\Vhere an employer is obligated by the terms of an agreement 

made prior to June 16, 1933, which is still in full force and effect~ 

under which he is legally bound to employ workers for other hours 

per day or per week or to pay them other wages than those provided 

in this Code, and which he is unable to reYise by mutual consent, 

the requirements of such an agreement may be ob erved notwithstanding any conflicting requirements of this Code. 

4. Employees engaged in emergency work may be permitted to 

work in excess of the maximum hours set forth herein, provided 

they are paid at least one and one third ( 11/3 ) times their regular 

wage rate for the overtime. . 

5. No employee in the metropolitan area of City of New York 

shall be permitted to work more than thirty-five (35) hours per 

'Week or seven (7) hours in any twenty-four (24) hour period, except 

if he is in one of the classes of employees covered by the exceptions 

in the subdivisions of this Article. 

6. Employee except watchmen and those engaged in emergency 

work, shall not be permitted to work on Sundays or legal holidays. 
465 

ARTICLE IV-'V AGES 

1. No employe<> hall be paid at le than the rate of 

(a) eYenty cent (70¢) per hour in the :Metropolitan area of the 

City of New York, 

(b) fifty cents (50¢) per hour in the Metropolitan area of the City 

of Chicago 

(c) thirty cents ( 30¢) per hour in the States of Alabama, North 

Carolina, South Carolina, Georgia, Florida, ~Ii sis ippi, Loui iana, 

and Tenne see, and 

( cl) fort:v cents ( 40¢) per hour in all other areas; except as hereinafter provided. 

2. No clerical or office employee shall be paid le s than at the rate 

of fifteen lollars ($15.00) per week in any city haYing more than 

500,000 inhabitants, or in the inu11ediate trade area of such a city ; 

nor les than at the rate of fourteen dollar and fifty cents ($14.50) 

per w ek in any city having between 250,000 and 500,000 inhabitant ·, 

or in the immediate trade area of such a city; nor le s than at the 

rate of fourteen dollars ($14.00) per week in any city having behYeen 

2,500 and 250 000 inhabitants, or in the immediate trade area of such 

a city; nor le s than at the rate of thirteen dollars and fifty cent 

($13.50) per week in towns of less than 2,500 inhabitants. 

3. Brick andlmnber cleaners who, on account of infirmities of age 

or physical or mental disabilities, cannot do the work of able bodie l 

workers, are exempt from the minimum wage specified herein, 

pro,ided: 

(a) That uch employees shall not exceed 10% of the total employees of any employer. 

(b) That in no ca e shall they be paid le s than seventy-five percent (75 %) of the minimum wage rate for un killed workmen. 

(c) That such employer obtain from the authority de ·ignated by 

the United States Department of Labor a certificate authorizing such 

<>mplo} ment at such wages, and for such hour as hall be tated in 

the certificate. Such authority shall be guided by the in truction of 

the United States Department of Labor in i suing certificates to such 

per ons. 

Each emplo3 er . hall file with the Code Authority a list of all nch 

persons employed by him. 

4. No employee shall be paid a wage rate which will yield a les er 

wage for a maximum work week pecified herein than employees 

were receiving for the ame class of work for a longer work week 

immediately preceding June 16th, 1933. 

5. This Article establishes a minimum rate of pay regardless of 

whether an emplo\ ee i compensated on a time rate, piece-work, or 

other ba i . 

ARTICLE V-GENERAL LABOR PROVISIONS 

1. No person under eighteen (18) years of age shall be employed 

in the industry. 

2. Employees shall have the right to organize a:nd bargain collectively through representatives of th8ir own choosing, and hall 

be free from the interference, restraint, or coercion of emplovers of 

labor, or their agents, in the designation of such repre entatives or 
466 

in self-organization or in other concerte l activities for the purpose 

of collectiYe bargaining or other mutual aid or protection. 

3. No employee and no one eeking employment hall be required 

ns a condition of employment to join any company union or to refrain from joining, organj~ing, or a ·sisting a labor organization 

of hi own choosing, and 

4. Employers shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment approYecl 

or pre cribe l by the President. 

5. 'Vithin each State this Code shall not supersede any law of 

such State imposing more stringent requirements on employers 

regulating the age of employees, wages, hours of work, or health, 

fire, or general working condition than under this Code. 

6. Employers shall not reclas ify employees or duties of occupations perfonned by employees or engage in any other subterfuge 

so as to defeat the purposes of the Act. 

7. Each member of the Industry shall post in conspicuou place , 

which are easily accessible to employees, both in his yar l and on the 

sites of all wrecking operation, copies of Articles III, IV and V 

of this Code. 

8. No employer shall permit any employee to work for a total 

number of hours in exce s of the number of hours herein pre. cribecl, 

whether employed by one or more employers. 

9. Any employer who in company with any other person or persons performs manual labor customarily performed by an employee 

shall be subject to maximum hourly limitations and other provisions 

of thi Code · pertaining to employees. 

10. Every employer shall provide for the health and safety of 

his workmen. He shall comply with the 'Vorkmen's Compensation 

laws of the state in which the operations are carried on. A safety 

and health manual is to be submitted by the Code Authority for 

approval before June 1, 1934. 

ARTICLE VI-A.m\HNI TRATION 

A Code Authority is hereby constituted to co-operate with the 

Aclministra tor in the administration of this Code. 

1. The Code Authority shall consist of seven (7) individuals or 

such other number as may be approved from time to time by the 

Administrator, to be selected by the members of the Industry as 

hereinafter et forth. The Administrator may appoint from one 

(1) to three (3) adlitional member without vote to represent 

the Government on the Code Authority without expense to the 

Indu. try. :Member appointed hy the Aclmini trator are to be appointed for term. o.f from six ( 6) months to one ( 1) year, and the 

terms of appointment are to be so arranged that they do not expire 

at the same tiri1e. 

2. The members of the Code Authority to be selected by the members of the Industry hall be chosen as soon as practicable after 

the effectiYe date of this Code, by some fair method of selection 

approved by the Administrator. Pending such selection of the 

Code Authority by the members of the Industry, the A. sociation 

..:hall elect even (7) individuals " ·ho shall act as the Code Authority 
467 

and who hall be subject to all provi ion. in re pect to the Code 

Authority. 

3. Eat:h trade or indu trial a ·ociation, directly or indirectly participating in the activitie of the Code Authority hall 

(a) Impo e no inequitable restriction on member hip . . (b) Submit to the Admini. ti·ator tr:1e copie of its Article of 

As o iation By-La-n-s, Regulations and any Amendment ~ when made 

thereto, together with such other information a to member. hip, 

organization, and activities as the Administrator may deem necessary to effect the purpo e of the Act. 

4. In order that the Code Authority shall at all times be truly 

repre entative of the in lu try and in other re pects comply with the 

proYi ion of the Act, the Administrator may pre ribe such hearing as he may deem proper· and thereafter if he hall find that the 

Code Authority is not truly representative or does not in other 

re pect comply with the provisions of the Act, ma:v require an 

appropriate modification in the metho l of election of the Code 

Authority. 

5. If the Admini trator shall determine that any action of a Code 

Authority or any agency thereof is unfair or unjust or contrary to 

the public interest, the Administrator may require that uch action 

be suspended for a period of not to exceed thirty days to afford an 

opportunity for inve tigation of the merits of uch action and further 

con ideration of such Code Authority or agenc3 pending final action, 

which hall be taken only upon approval by the Admini ti·ator. 

6. The Code Authority hall have the follomng dutie and powers 

subject to the right of the Administrator on review to eli ·approve 

any action taken by the Code Authority. 

(a) To select employees and officers, and to a sign t them u h 

dutie as it may consider advisable and to provide rule for it procedure and its continuance as the administrative agency of this Cole, 

in accor lance with the terms of the Act and the principles herein 

set forth. 

(b) To receive, inve tigate and adju t complaints of violations 

of this Code and, based upon uch investigation and upon uch 

hearings as it may deem proper, to make recommendation in 

respect thereto to the proper authoritie for the pro ecution of uch 

violation . 

(c) To obtain from time to time from emplo} er in the indu try 

reports with respect to wages, hours of labor, condition of employment, number of employee and any and all other matters pertinent 

to this Code, as the Code Authority may prescribe, and to submit 

periodical reports to the Administrator in uch form and at such 

times as he may require, in order that the Presi lent may be kept informed with re pect to the observance thereof. 

In addition to information required to be ubmittecl to the Code 

Authority, all or any of the persons subject to this Code hall furni h such statistical information as the Admini trator may deem 

nP,cessary for the purpose. recited in section 3 (a) of said act to such 

Federal and State agencies as the Administrator may designate; 

nor hall anything in this Code relieve any per on of any existing 

obligation to furn1sh reports to Government agencies. 
468 

No individual report shall be disclosed to any other member of 

the indu try or any other party except to such governmental arrencie a ' ma y be directed by the Administrator. ~ 

( cl) To delegate to. such trade associations and other ugencies as 

it deems proper the carrying out of any of its activities provided for 

herein,.and to pay such agencies the cost thereof, provided that such 

agencies shall at all times be subject to and comply with the provisions of this Code. 

(e) To coordinate the administration of this Code with such other 

codes, if any, as may be related to this industry, or any subdivision 

thereof, with a view to promoting joint and harmonious action upon 

matters of common interest. 

(f) To make surveys, to compile reports, to collect statistics and 

trade information, to investigate unfair trade practices, to make recommendations for fair trade practices, and otherwise assist the 

Administrator in effecting the purposes of this Code and the Act. 

(g) To provide ways and means for financing the operation of 

said Code Authority and to determine an equitable method of apportioning in the industry the cost of administering this Code. 

(h) To cooperate with the Administrator in regulating the use 

of theN. R. A. insignia solely by those members of the industry who 

assent to and are complying with the requirements of this Code 

and pay their proportionate share of the cost of administering 

this Code. 

(i) Subject to the approval of the Administrator to adopt a unifonn cost accounting system for the industry, which when approved 

by the Administrator shall be the ,standard cost accounting system 

for the Industry and shall be substantially followed by all members 

of the Industry. Provided, however, that the Code Authority subject to review and eli appro\al by the Administrator, may make such 

exceptions, or permit such variations from such approved cost accounting system a particular circumstances may necessitate. 

(j) Subject to the approval of the Administrator, to prepare and 

suggest a standard form of estimate and computation of prices and 

form of contract. To set up credit bureau for exchange and dissemination of credit information. 

(k) Subject to the approval of the Admini ti·ator, to set up rules 

and regulations governing methods of bidding in any trade area 

which shall become effective upon receiving affirmative vote by 

secret ballot of two-thirds of the members of the Industry in such 

tracle a rea. 

(l) To have such other powers and duties consistent with the 

Act a · may be necessary for the complete administration of this Code. 

7. Members of the industry shall be entitled to participate in, and 

share the benefits of, the activitie of the Code Authority and t o 

participate in the selection of the members thereof by assenting to 

and complying with the requirements of thi Code and su taining 

their rea onable share of the expenses of its administration. Such 

rea onable share of the expen es of administration shall be determined by the Code Authority, subject to reYiew by the Administrator, 

on the basis of volume of busine s and/or such other factors as may 

be deemed equitable. 
469 - · 

ARTICLE VII-TRADE PRACTICES 

1. It hall be an unfair trade practice for any member of the industry to do any of the following : 

(a) To submit any bid which shall not be in writing signed by an 

authorized rer resentative of the bidder. 

(b) To encourage or induce anyone to reject bids and read-vertise, 

in order that he may revi e his original offer. 

(c) To bid upon a project upon which bids have previou ·ly been 

jnvited, received and opened at any time within thirty (30) days after 

the date of the previou opening of bids next thereafter, except where 

there is a sub tantial change in the plans and specifications. 

(d) To fail to comply with approved rules and regulation set up 

by the Code Authority in pursuance of Section IC, Article VI. 

(e) To ubmit a bid without specifying that he . hall not be required to accept the award of a contract thirty day aft r the date of 

submi sion of the bid, except wh n the invitation to bid e~· pres -ly 

state. otherwi e. 

(f) To let or un lerlet any contract or part th reof requiring the 

sen-ices of a laborer or mechanic in the industry unles<:; the persc. n 

to hom the contract is let or underlet aaree to comply 'vith all the 

provision of Articles III, IV and V of this Code. 

( o·) To permit to be given, or directly offer to give anything of 

value for the purpo e of influencing or rewarding the action of any 

employee agent, or repre entative or another in relation to th bu ·iness of the employer of such employee, the principal of such ao·ent 

or the represented party, without the knowledge of uch employer, 

principal, or party. This proYi ion hall not be con trued to prohibit free and general distribution of article commonly used for 

adverti ing, except o far as uch articles are actually used for commercial bribery as hereinabove defined. 

(h) To maliciously induce or attempt to induce the breach of an 

exi ting oral or written contract between a competitor and hi cu - tomer or source of supply, or interfering with or obstructing the performance of anv such contractual dutie or service . 

(i) To ecretly pay or allow rebates, refunds, commi. sion , credits 

or unearned eli ccunts, whether in the form of money or otherwise; 

to secretly extend to any a\\arding authorit} special privilege or 

services not extended to all a warding authorities on like term· and 

con lition . 

(j) To defame competitor by falsely imputing to them eli. honorable con luct, inability to 1 erform contracts, questionable credit 

standing, or by other false representations or by the fal e disparagement of the grade or quality of their serYice. 

(k) To secure confidential information concerning the bu ine of 

a competitor by a fal e or mi leading tatement or representation, by 

a faLe imper onation of one in authority, by briber} or by any other 

unfair method. 

(l) To sell or offer for sale or exchange any ervice at a price 

below the allowable co t of such service to the individual employer 

as determined by uniform standards and principles of cost accounting and estimating to be set up by the Code Authority as herein 

provided. 
470 

(m) To maliciously entice a\Yay the employees of competitors with 

the purpo e of unduly hamp ring, injuring or embarrassing them in 

their business. 

(n) To use violen e to per.·on or property, intimi lation or unla\Yful coercion, by a member of the indu try again t a. member of the 

jndustry incln ling : . 1. Any threat by a member of the in lustry to u e uch vwlenc:e, 

intimidation or unlawful coercion. 

L. Any con piracy among members of the industry, or among 

members of the indu -try and other , to use or to threaten to u e 

su ·h violence, intimidation or unla\vful coercion. 

3. Any combining or cooperating by a. member of the indu try 

with anyone who i using or threatening to use ·uch violence, 

intimidation or coercion. 

( o) To engage in the indu try without complying with the \Vorkman' Compensation laws of the state in which the operations are 

carried on. 

(p) Nothing in this Code shall limit the effect of any adjudication 

by the Courts or holding by the Federal Trade Commi sion on complaint, finding and order, that any practice or method is unfair, 

providing that such adjudication or holding i not incon. ·i tent with 

any provisions of the Act or of this Code. 

( q) There shall be no collusion between the different bidders in 

the preparation of any bid. 

ARTICLE VIII-l\1omFICA TIONs 

1. Thi · Code and all the provi ion~ thereof are expre sly made 

subj ect to the right of the President, in accordance with the provisiom; of sub ection (b) of Section 10 of Title I of th~ National 

Indu trial Recovery Act from time to time to cancel or modify any 

order, approval, licen e, rule, or regulation issued under Title I of 

said Act and specifically but without limitation, to the right of the 

President or his authorized agent to cancel or modify his approYal 

of this Code or any condition imposed by him upon his approval 

thereof. 

2. Thi Code, except a to provisions required by the Act, may be 

modified on the ba is of experience or changes in circumstances, 

such modification to be ba eel upon application to the Administrator 

and such notice and hearing a · he . hall specify, and to become 

effective on approval of the President or hi duly appointed agent. 

ARTICLE IX-1\-IoxoPOLIES 

No provi ion of this Code shall be c::o applied as to permit monopolies or monopolistic practice , or to eliminate, oppre s, or discriminate 

against mall enterprises. 

ARTICLE X-PRICE lNCREA ES 

\Vhereas the policy of the Act to increase real purchn ing power 

\Yill be made impossible of con ·ummation if price of goods and 

c.;:ervices increa ·e as rapidly a \vages, it is recognized that pnce 
471 

should be delayed and th at , when made, the arne . hould, 

o far a rea . onably po. ible, be limit cl to actual incrE>a e in the 

eller' co ts . 

AnTICLE XI- JURI'' DICTION 

All pe1-_ ·on engaged in this industry shall be subj0ct to the pro- Yi ion. of thi · code and of the appro-ved rule ~ and regulations issued 

pur uant to it pr vi ·ions and shall be compelled to atlhere thereto 

under ·uch penalties as may be pre cribed by the law. 

ARTICLE XII- EFFE TIVE DATE 

Thi Code hall become effective on tho tenth clay after its approval 

by the President. 

Approv-ed ode No. 31 . Registry ~o . 161{}-104. 

0 
UNIVER SITY OF FLO RIDA 

111111111111111111111111 111 1111111111111111111111111111111111111 

3 1262 08850 2835