Approved Code No. 244-Supplement No. 4. Registry No. 1616-2-22

NATIONAL RECOVERY ADMINISTRATION

SUPPLEMENTARY

CODE OF FAIR COMPETITION

FOR THE

CEMENT GUN CONTRACTORS

INDUSTRY

(A Division of the Construction Industry)

AS APPROVED ON MARCH 21, 1934

! R

U.S.

WE DO OUR PART

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

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Approved Code No. 244-Supplement No. 4

SUPPLEMENTARY CODE OF FAIR COMPETITI

FOR THE

CEMENT GUN CONTRACTORS INDUSTR

As Approved on March 21, 1934

ORDER

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE CEME

CONTRACTORS INDUSTRY

A DIVISION OF THE CONSTRUCTION INDUSTRY

An application having been duly made pursuant to an

compliance with the provisions of Title I of the National I

Recovery Act, approved June 16, 1933, and pursuant to an

compliance with the provisions of Section 5 of Article VIII of C

of the Code of Fair Competition for the Construction Indu

proved January 31, 1934, for approval of Chapter V of sa

which Chapter V is applicable to the Cement Gun Contracto

sion of the Construction Industry, and hearings having b

thereon and the annexed report on said Code, containing find

respect thereto, having been made and directed to the Presi

NOW, THEREFORE, on behalf of the President of th

States, I, Hugh S. Johnson, Administrator for Industrial R

pursuant to authority vested in me by Executive Orders of t

dent, including Executive Order No. 6543-A, dated Dece

1933, and otherwise; do hereby incorporate by reference said 

report and do find that said Chapter complies in all respects 

pertinent provisions and will promote the policy and purpose

Title of said Act; and do hereby order that said Chapter V be 

hereby approved and that the previous approval of said Cod

Competition for the Construction Industry is hereby mo

include an approval of said Code in its entirety as suppleme

said Chapter V.

Administrator HUGH S. JOHNSONApproval WASHINGTON, 477090-425-110-34 GEO. Division recommended: L. March BERRY, D.C., Administrator. 21, 1934. (1) for Industrial Re
REPORT TO THE PRESIDENT

The PRESIDENT,

The White House.

SIR: This is a report on Chapter V of the Code of Fair Com

for the Construction Industry, which Chapter is a revisi

Public Hearings conducted in Washington on September 

and on November 20, 1933, of a Code of Fair Competition for 

Gun Contractors.

This Chapter, applicable specifically to the Cement Gun 

tors Division of the Construction Industry, supplements t

Code of Fair Competition for the Construction Industry, d

as Chapter I of such Code, which was approved by you on 

31, 1934. The hearings were conducted in accordance with 

visions of the National Industrial Recovery Act.

THE INDUSTRY

The Cement Gun Contractors are a component and an im

part of the Construction Industry. The Industry is a spe

doing cement work by a pneumatic method. Most of the e

require special training. It is an important item in the con

of and repairs to architectural and engineering structures, 

buildings, bridges, dams and other types of construction.

PROVISIONS FOR HOURS AND WAGES

The provisions for hours and wages are set out in Chap

the Construction Code, which was approved by you on Jan

1934, and the same provisions, with certain additional ex

beneficial to employees, are applicable, under this Chapte

Cement Gun Contractors Division.

ECONOMIC EFFECT OF THE CODE

The volume of work performed ranged from $7,000,000 in 

$10,000,000 in 1930. The number of employees ranged fro

in 1928 to 3,000 in 1931. Volume of work performed in 

1932 was $7,000,000 and $6,000,000 respectively. Emplo

these years numbered 3,000 and 2,000 respectively. It is saf

that with the prohibition of unfair trade practices, and the e

mentore employers, minimum at employees From least wholesome of twenty-five the minimum rate will employees, decrease of be pay, conditions correspondingly rates (25) it in and is percent working of expected a will pay part andakend (2)of hours increased. that thate form maximum employment public and thein purchasing the this will hours establishmIndustry be will benefof powbe w
3

FINDINGS

The Deputy Administrator in his final report to me on C

of the Code of Fair Competition for the Construction Ind

modified by the addition thereto of said Chapter V, having 

herein set forth and op the basis of all the proceedings in thi

I find that:

(a) Said Chapter V and said Code of Fair Competition for 

struction Industry, as modified by the addition thereto of said 

V, are well designed to promote the policies and purposes of 

the National Industrial Recovery Act, including removal of 

tions to the free flow of interstate and foreign commerce wh

to diminish the amount thereof and will provide for the genera

by promoting the organization of Industry for the purpose o

ative action among the trade groups, by inducing and ma

united action of labor and management under adequate gove

sanctions and supervision, by eliminating unfair competitive p

by promoting the fullest possible utilization of the present pr

capacity of industries, by avoiding undue restriction of pr

(except as may be temporarily required), by increasing the c

tion of industrial and agricultural products through increas

chasing power, by reducing and relieving unemployment, by im

standards of labor, and by otherwise rehabilitating industry.

(b) Said Industry normally employs not more than 50,000 em

and is not classified by me as a major industry.

(c) Said Chapter V and the Code of Fair Competition for 

struction Industry as modified by the addition thereto of said 

V, as approved, comply in all respects with the pertinent prov

said Title of said Act, including without limitation sub-secti

Section 3, sub-section (a) of Section 7, and sub-section (b) of S

thereof; and that the applicant association is an industrial as

truly representative of the aforesaid Industry; and that said 

tion imposes no inequitable restrictions on admission to mem

therein.

(d) Said Chapter V and the Code of Fair Competition for 

struction Industry as modified by the addition thereto of said 

V, are not designed to and will not permit monopolies or mon

practices.

(e) Said Chapter V and the Code of Fair Competition for 

struction Industry as modified by the addition thereto of said 

V, are not designed to and will not eliminate or oppress sma

prises and will not operate to discriminate against them.

(f) Those engaged in other steps of the economic process h

been deprived of the right to be heard prior to approval 

Chapter V and of said Code as modified by the addition th

thise For MARCH Code Chapter Respectfully, these of 21, Fair reasons, V 1934. thereof. Competition therefore, of I the have Construction approved HUGH said Industry. .JOHNSONAdminisChap
CHAPTER V

SUPPLEMENTARY CODE OF FAIR COMPETITIO

THE CEMENT GUN CONTRACTORS INDUSTR

A DIVISION OF THE CONSTRUCTION INDUSTRY

ARTICLE I-REFERENCE TO PROVISIONS OF CHAPTER 

All provisions of Chapter I of this Code, except as herein p

apply within this division with the same force and effect 

forth herein in full. The provisions of Sections 7 (a) and 

the Act which are set forth in Sections 1 and 6 respectively o

VIII, Chapter I of this Code, are specifically incorporated h

reference with the same force and effect as if set forth herei

ARTICLE II-DEFINITIONS

SECTION 1. The term "Cement Gun Contracting Divi

"this division" as used herein is defined to mean the busines

directing, superintending, coordinating, or executing wor

utilizes the cement gun or similar device to place cementito

rials involving velocity of dry materials and hydration appro

at the point of deposit, and preparatory work incidental ther

such branches or subdivisions thereof as may from time to 

included under the provisions of this Chapter with the app

the President.

SECTION 2. The term "Association" as used herein is d

mean the "Cement Gun Contractors' Association."

SECTION 3. The term "combination bid" is herein define

bid including any work within this division, together with w

within this division.

ARTICLE 111-ADMINISTRATION

SECTION 1. A Divisional Code Authority is hereby const

administer this Code within this division. The Division

Authority shall consist of seven (7) individuals eligible u

provisions of subsection (h) of this section, to be selected as 

(a) Three (3) individuals shall be appointed from membe

Association by the Board of Directors of the Association 

for a term of one (1) year. responsible selection by division selected and tive(b) the each successors Three Board who to satisfactory to thereto, hold be (3) are of approved have individuals office Drctors not each to, been members for and of a by selected of term shall te approved the the of non-members of (4)be Administrator Association the one and initially Association by, (1) approved, year, the selected from Administrato

of or before the until ad by memberon Assoca who takitheia mf
5

(c) The seventh (7th) individual, who shall also be repre

of members of this division, shall be selected for a term o

year by the six (6) members provided for in paragraphs (a

of this section, and shall also be approved by the Adm

before taking office. Any successor shall be selected in 

manner.

(d) In the event any vacancy in the membership of the D

Code Authority shall occur, excepting that of the membe

pursuant to paragraph (c) hereof, a special meeting to fill 

pired term of such members shall be called. Notice of the 

place of such election shall be sent by registered mail to all 

of the Industry entitled to make nominations or to vote at 

tion at least forty (40) days in advance of such election. All 

tions for any vacancy to be filled shall be submitted not l

twenty (20) days before the day of such election, and imm

upon the time for such nominations being ended, a list of all 

nominated for said vacancy shall be sent by the Divisio

Authority to each member of the Industry entitled to vot

election. Voting thereat may be in person, by proxy, or 

ballot. No more than one representative of each memb

Industry entitled to vote shall vote at any election.

(e) Each member of the Divisional Code Authority so 

shall have one (1) vote, and the vote of a majority of said 

shall prevail in determining the actions of the Divisio

Authority.

(f) The Divisional Code Authority or its authorized repre

or representatives may attend meetings of any administrativ

established for any subdivision.

(g) The Divisional Code Authority may appoint a trade 

committee which shall meet with the trade practice co

appointed under such other codes as may be related to the 

for the purpose of formulating fair trade practices to govern 

tionships between employers under this Code and employe

such other codes to the end that such fair trade practices 

proposed to the Administrator as amendments to this Cha

such other Codes.

(h) Members of the Industry shall be entitled to parti

and share the benefits of, the activities of the Divisio

Authority and to participate in the selection of the membe

by assenting to and complying with the requirements of 

and sustaining their reasonable share of the expenses of its 

tration. Such reasonable share of the expenses of admi

shall be determined by the Code Authority, subject to revie

Administrator, on the basis of volume of business and su

factors as may be deemed equitable.

hours: Section capacity Employees persons SECTION (a) Employees 2 who of receiving 1. engaged Article perform The ARTICLE engaged 111 following more ino of a manual Chapter than supervisory in IV--WAGES a are professional, thirty-five labor; I exempt of this capacity AND Code ($35.00) from HOURS executive relating are the defined dollars or provto sum
6

(b) Watchmen, who may be permitted to work not in e

fifty-six (56) hours in any one week and not more than six 

in any seven day period.

SECTION 2. No employee shall be permitted to work mo

five (5) days in any seven (7) day period. All employees 

paid at the rate of at least one and one half (1Y) times the 

rate for all time worked on Saturdays, Sundays and legal hol

SECTION 3. Employees engaged in emergency work in

breakdowns or protection of life or property shall be paid at t

time rate of at least one and one half (1%) times the normal 

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

SECTION 4. All wages due shall be payable weekly or semi

in lawful currency, or by negotiable check therefor payable on 

at par. These wages shall be exempt from any payments th

for pensions, insurance or sick benefits other than those vo

paid by employees. Employers and their agents shall ac

rebates either directly or indirectly on such wages, or give a

of value or extend favors to any person for the purpose of inf

rates of wages of their employees.

ARTICLE V-FAIR TRADE PRACTICE REGULATIONS

SEcnoN 1. The provisions of this Article (in addition to th

sions of Article VII of Chapter I of this Code) are adopted 

of Fair Trade practice, and any violation of said rules shall c

an unfair method of competition and a violation of this Code.

SECTION 2. The Divisional Code Authority shall cause to 

mulated an accounting system and methods of cost find

estimating capable of use by all members of the industry. A

system and methods have been formulated and approved 

Administrator full details concerning them shall be made 

to all members. Thereafter all members shall determine or 

costs in accordance with the principles of such methods.

SECTION 3. No member of this division shall offer or agre

labor, materials, or services below the estimated cost as prov

in Sections 2 and 4 of this Article.

SECTION 4. Until such time as such a uniform system of ac

shall have been determined and approved by the Admin

estimated cost shall be the sum of the following items of 

cost for the job in question:

(a) Labor and supervision at the job site.

(b) All materials to be used in the contract.

(c) Transportation of equipment and materials.

(d) Railroad fare (or equal) and/or hotel expenses, if ch

to the job. equipment contract. ance tax (e)g (h)i) f) schedules. and Any TheMunicipal Maintenance, Power. maintenance cost other used of on permits, direct public the depreciation, and individual expense liability if any. surety properly and contract bonds. repairs workmen's applicable in and accordance rentals compensatio

to the ofwith into
7

(j) Allowance of not less than twelve (12) percent of the 

items (a) to (i) inclusive as above for overhead.

SECTION 5. Every member of this division shall for a p

one (1) year after making a bid, maintain and keep on file his 

estimate supporting his bid or contract.

SECTION 6. No member of this division shall be party to t

practice of "bid-peddling " or "bid-shopping " as defined in C

hereof.

SECTION 7. In order to provide a check on the accuracy 

ness of estimates, any member of this division submitting a 

on any job whether competitive or not amounting to two 

and fifty dollars ($250.00) or more, shall simultaneously 

submission of his bid, file copies of his proposal or proposal

revisions thereof, with some depository designated by the D

Code Authority, or its authorized representative, and subje

approval of the Construction Code Authority; the same to 

sealed and confidential until after the letting of the contract, 

which the successful bidder's proposal may be disclosed to all 

SECTION 8. In the case of combination bids, or revisions 

the combination bid shall be the aggregate of said sepa

distinct bids.

SECTION 9. Each bid, filed in accordance with Sections 7 

this Article shall be accompanied by a fee of one dollar ($1.0

Divisional Code Authority shall use funds so received to 

expenses of depositing such bids and for other proper expens

administration of this Code, and shall keep account of the 

and expenditures, the same to be open to the Administrat

representatives and subject to his approval.

SECTION 10. Upon request of any bidder a committee, wh

mittee shall have at least one member, who is a member of 

ciation, and one member who is not a member of the As

shall be appointed by the Divisional Code Authority or its au

representative, and it shall be empowered to investigate 

cessful bidder's bid to determine whether any provisions of t

have been violated in such bid.

SECTION 11. In the event such committee shall find the 

fair competition have been violated, the violation shall be 

to the Divisional Code Authority for such action as it deem

in accordance with this Code, including, in proper cases, 

approval of the Administrator, report to the Federal District 

or the Federal Trade Commission for appropriate action.

SECTION 12. No member of this division shall make an

payment, or allowance of rebates, refunds, commissions, or 

discounts, whether in the form of money or otherwise; or 

certain purchasers or clients, special services or privile

extended made, givenconcerning of influencing representative SECTION SECTION a competitor. or publish, to directly 13. the 14. all or of No purchasers work, N rewarding another any offer member prces, material to in give, or the ofrelation values, clients this statement the actions anything industry division under creditto the of of which like terms, any business value shall terms is eployee, make, policies give, falseor of and the or the perm

cau

co

oinp
8

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

party, without the knowledge of such employer, principal 

Commercial bribery provisions shall not be construed t

free and general distribution of articles commonly used 

tising except so far as such articles are actually used for c

bribery as herein above defined.

SECTION 15. No member of this division shall use any 

find out in advance of the opening of bids any details of 

mitted by any other member.

ARTICLE VI-GENERAL LABOR PROvIsIoNs

SECTION 1. Prison Labor.-Employers shall not empl

labor in the execution of work.

SECTION 2. Posting.-Within ten (10) days after the a

this Code, all employers subject to its conditions shall pos

spicuous place in their offices or other established places o

complete copies of Chapter I-General Provisions for the Co

Industry and of this Chapter.

SECTION 3. Standardsfor Safety and Health.-Every emp

make reasonable provisions for the safety and health of his 

at the place and during the hours of their employment. 

for safety and health shall be submitted by the Divisi

Authority to the Administrator within sixty (60) days 

effective date of this Chapter.

SECTION 4. Evasion Through Reemployment.-No empl

employed at a rate in excess of the minimum shall be disch

reemployed at a lower rate for the purpose of evading the 

of this Code.

SECTION 5. Contracting Labor Services.-No member of 

sion shall directly or indirectly sublet to any employee or la

labor services required by any contract secured by such m

In no case shall a member of this division avoid or evade 

provisions of this Chapter by contracting his work to any 

persons subject to labor provisions less stringent than those 

in this Chapter.

SECTION 6. Minimum Age.-No person under eighteen 

of age shall be employed in the industry.

SECTION 7. Transportation.-All Cement Gun Contrac

pay transportation charges and other expenses incurred by N

already in their employ while traveling in pursuance to 

ployment.

ARTICLE VII-PAYMENTS

SECTION 1. A Cement Gun Contractor shall demand 

upon interest disputes of In will sources. on SECTION the no all become receiving case ovrdue United be concerning shall 2. rebated due, Each States payments payments a contract as, contract the or or if amountny its and at as be equivalent the they other mustwhen accepted due legal may specify concessions moneys under rate,which become as provided a that and are contract specifies due, in granted. interest received no by in may thatcase law

the shf
9

or adjusted in order to avoid or discontinue litigation by g

reasonable concession provided such concession is approved 

Divisional Code Authority.

SECTION 3. Members of this division shall submit -month

Divisional Code Authority the names and addresses of all par

whom they are transacting business, who have become delin

contract payments for a period of more than sixty (60) da

Divisional Code Authority shall transmit this informatio

one week after its reception, to other members of this di

order to protect them against similar delinquencies.

SECTION 4. No member of this division shall enter into 

unless these contracts stipulate that, where final payment 

provisions pertaining to amounts of money retained for purpo

than for maintenance such retained moneys shall be paid 

member of the division within thirty (30) days after the ac

of the work contracted for by said member of the division.

SECTION 5. Members of this division shall be ready and w

settle disputed matters promptly. Where arbitration as a m

settling disputed matters is agreed upon, the rules of proc

established by the American Arbitration Association shall 

except as otherwise required by law or contract. Payment, e

that sufficient to cover the amount in dispute, shall not be 

from the parties affected.

ARTICLE 11I1-MODIFICATION

Subject to the provisions of Section 2 (b) of Article IV

Chapter I of this Code, the provisions of this Chapter exc

provisions required by the Act, may be modified on the basis 

rience or changes in circumstances, such modifications to b

upon application to the Adlministrator and such notice and 

as he shall specify, and to become effective on the approv

President. Any such application may be made to the Divisio

Authority.

ARTICLE IX-REVIEW OF ACTS OF CODE AUTHORITIE

If the Administrator shall determine that any action of t

sional Code Authority or any agency thereof may be unfair 

or contrary to the public interest, the Administrator may 

that such action be suspended to afford an opportunity for i

tion of the merits of such action and further consideration 

Divisional Code Authority or agency pending final action wh

not be effective unless the Administrator approves or unless 

fail to disapprove after thirty (30) days' notice to him of inte

proceed This Code with such action ARTICLE in its X-EFFECTIVE original or modified DATE form. Chapter this Approved Registry division by No. Code thon (Chapter 1616-2-22. President. No. the 244, fourteenth I Supplement and this (14th) 0Chapter) No. 4.day after shall the become approva

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