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3 1262 08482 9422 Supplement No. 18 

V 

Registry No. 1023r-Ol 

===================================::::, 

t.., 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

' . '. 

FOR THE 

BUILDING GRANITE 

INDUSTRY 

(A Division of the Construction Industry) 

AS APPROVED ON AUGUST 20, 1934 

WE DO OUR PAfrt· 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

i'or ..ale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 
This publication is for sale by the Superintendent of Documents, Government 

!>rioting Office, Washington, D.C., and by district offices of the Burea u ot 

Foreign and Domestic Commerce. 

DISTRICT Ol~FICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga. : 604 P ost Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Mass.: 1801 Customhouse. 

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

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

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

Cleveland , Ohio : Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

D etroit, Mich. : 801 First National Bank Building. 

H ouston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. 

J acksonville, Fla.: Chan_iber o:Ji' Commerce Building. 

Kansas City, Mo.: 102:8 Ba1timore- Avenue. 

Los Angeles, Calif. : 1163 South Broadway. 

Louisville, Ky.: 408 F ederal B.uilding. 

Memphis, Tenn.: 229 Fet:leral :Building. 

l\linneapolis, Minn. : 213 F ederal Building. 

New Orlean. , La. : Room ~5-A, Customhouse. 

New York, N.Y.: 734 Customhouse. Norfolk, Va. : 406 East Plume Street. 

Pllilac1elpbin, Pa.: 422 Commercial Trust Building. 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, l\l o. : 506 Olive Street. San Francisco, Calif. : 310 Customh ouse. Seattl ~, Wash.: 809 F ederal Office Building. 
• 

Approved Code No. 244-Supplement No. 18 

SUPPLEMENT ARY CODE OF FAIR COMPETITION 

F'OR THE 

BUILDING GRANITE INDUSTRY 

As Approved on August 20, 193,1 

ORDER 

CODE OF FAIR COMPETITION FOR THE BPILDING GnA~I'fE INn c"fRY 

A DIVISION OF THE CONSTRUCTION IND TRY 

An application having been duly made pursuant to and in full 

compliance with the provision of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, and pursuant to and in full 

compiiance with the provision · of Section 5 of Article VIII of 

Chapter I of the Code of Fair C0mpetition for the Con truction 

Industry appro, eel January 31. 1934. for approYal of Chapter XXII 

of said Code which Chapter XXII is applicable to the Buildino· 

Granite Division of the Construction Industry, nncl hEaring having 

been held thereon and the annexed report on aid Code, containing 

finding with re pect thereto, having been made and directed to the 

Pre ident: 

NOWi THEREFORE. on behalf of the Pr€siclent of the United 

State" I, I-Iugh S. Johnson, Administrator for In lustrial Recovery, 

pursuant to authority ve ted in me b~T Executive Order of the 

President, including Executive Order No. 6543-A, dated Decemb r 

30, 1933 and otherwise; do hereby incorporate by reference said 

annexed report and do find that aid Chapter complies in all respects 

with the pertinent provisions and will promote the policy and purpo es of said Title of said Act; and do hereby order that said 

Chapt r XXII be and it ic hereby approved and that the previous 

approval of said Code of Fair Competition for the Con truction 

Industry i hereby modified to include an approval of said ode in 

its entirety a suppl,c,mente l by said Chapter XXII; provided, 

howeYer: . (a) That the wages an l hou1·s e tabli heel in this node ar ap- proYed only becau of the competitiYe condition · with the Lime- i:;tone Indu try and . ·uch approval shall not on,-titnte a pre · - lent 

for any other Industry, and 

(b) That in the event the provi ion · overing th averagino· o:f 

hours of work in the Code of Fair Competition for the Limestone 

8138G0 -1044-86--34 (1) 
• 

2 

Industry ar tayed r modified, a similar stay or m tlification will 

be made in this Code; and 

( c) That in the even f revi i n of other labor pr vi •jon,~ than 

tho e pertaining to the av raging of hour of work of the Code of 

Fair Competition for th Lime~ tone Indu try, the Code Authority of 

the Building Granite Division of the Con ·t,ruction Industry ·hall 

submit r commendation in re pect to making quit::i ble revi ion of 

the Buildina Granite Divi ion of the Con truction Indu. tr Code; 

and 

( d) That within 90 days after the effective date of thi Code I 

may direct that there be a fnrther hearing on ·uch of the provi ions 

of said Code as I may de ignate and that any Order that I may 

make after such hearing shall have the effect of a ondition on the 

approval of said Code. 

Approval recommended: 

GEO. L. BEnRY, 

}!UGH 8. JOHNSON, 

Adm,inistrator for Industrial Recovery. 

Division Adniinistrator. 

WASHINGTON, D.C., 

August 20, 1934. 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White H ou,se. 

Sm: This is a report on the Building Granite 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 is a revision after a public hearing conducted in 

Washington on September 11, 1933, in accordance with provisions 

of the National Industrial Recovery Act. This Chapter amplifies 

Chapter I but applies specifically to the Building Granite Division 

of the Construction Industry. 

PROVISIONS FOR HOURS A_ -o WAGES 

Building ~ranite is in direct competition with limestone. The hours 

and wages for manual labor for this Chapter are generally the same 

as provided in the Code of Fair Competition for the Limestone Industry except that minimum wages in the northern zone are two 

cents per hour higher than in the Limestone Code. The hour. and 

wages for other employees are generally the same as provided in 

Chapter I of the Construction Code. 

ECONOMIC EFFECTS OF THE CODE 

In 1929 there were 11,200 men employed in granite quarries, but 

in 1932 the number had dropped to 7,600. The men were employed 

an average of 190 clays in 1932. '\Vages for laborers of as low as 

ten to fifteen cents an hour had been reported for parts of the country. Available data indicates that the workers engao-ed in quarrying and processing at the quarries averaged 49 hours per week in 

1929, which figure was reduced to 46 hours in 1932. Available data 

further indicates tha.t it is reasonable to assume that the 40-hou·r 

maximum average provided by the Code would absorb a large percentage of the unemployment in quarrying and processing at the 

quarry ite. It is reasonable to predict that the establishment of 

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

of employm-2nt, and a prohibition of unfair trade practices will be 

beneficial to all of thi Industry, as well as to the employees and the 

consumers. FINDINGS 

The Deputy Administrator, in his final report to me on said Building Granite Chapter of the Code of Fair Competition for the 

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

basi of all the proceeding · in this matter; 

(3) 
r 

4 

I find that: 

(a) Said Building Granite Chapter and said Code of Fair Competition for the Construction Indu try, as supplemented by said 

Building Granite Chapter, are well designed to promote the policies 

and purpos-es of Title I of the National Industrial Recovery Act, including removal of obstructions to the free flow of interstate and 

foreign commerce which tend to diminish the amount thereof and 

will provide for the general welfare by promoting the organization 

of industry for the purpose of cooperative action among the trade. 

groups, by inducing and maintaining united action of labor and 

n1anagement under adequate governmental anctions and supen ri ion, 

by eliminating unfair competitive practices, by promoting the fullest 

possible utilization of the present productive capacity of industrie ·, 

by avoiding undue restriction of production ( except as may he temporarily required), by increasing the consumption of industrial and 

agricultural products through increasing purcha.sing power, by reducing and relieving unemployment, by improving stan :lards of 

labor, and by otherwise rehabilitating indu try. 

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

( c) Said Building Granite Chapter and the Code of Fair Competition for the Construction Industry, as supplemented by said Build- . ing Granite Chapter, as approved comply in all respects with the 

pertinent provisions of said Title of said Act, including without 

limitation s_ubsection (a) of Section 3, subsection (a) of Section 7, 

and ubsection (b) of Section 10 thereof; and that the applicant 

a sociation is an industrial association truly representative of the 

afore aid Industry; and that said Association- imposes no inequitable 

restrictions on admission to membership ther 0 in. 

( c1) Said Building Granite Chapter and the Code of Fair Compe- tition for the Construction Industry, as supplemented by said Building Granite Chapter, are not designed to and will not permit 

monopolies or monopolistic practices. 

( e) Said Building Granite Chapter and the Code o:f Fair Competition for the Construction Industry, as supplemented by said Building Granite Chapter, are not cl ignecl to and will not eliminate or 

oppress small enterprises and will not operate to discriminate against 

them. 

(f) Those engaged in other steps of the economic process have not 

been deprived of the right to be heard prior to approval of said 

Building Granite Chapter and of said Code, as supplemented by this 

Building Granite Chapter thereof. 

For these rea ons, therefore, I have approved said Building 

Granite Chapter o:f the Code of Fair Competition for the Construction Industry. 

Respect£ ull y, 

AUGUST 20, 1934. 

Ruan S. JOHNSON, 

Adniinistrator. 
CHAPTER XXII 

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE BUILDING GRANITE DIVISION OF THE CONSTRUCTION INDUSTRY 

ARTICLE I-DEltI ITIONS 

SECTION 1. The term" Building Granite Division of the Con. truction Indu try ' or "thi Division" as use l herein means the selling 

and/ or quarrying, fabricating, finishing, assembling, and/ or fitting 

of. granite for sale ( or £or a. sale made previously) for architectural 

and/ or con truction purposes. 

SECTIO~ 2. The term ' granite for architectural and/ or construction purpose " or" granite" as used herein includes all granite whicI\ 

is used for ornamental public improvements, community mausoleums, 

building , dry docks, bridges, sea walls, foundations, publicly owned 

monuments and all similar types of construction, but does not include 

cru heel granite. 

SECTION 3. The term "Subdivision" as used herein mean · and 

includes any related indu try which hereafter subject to the approval 

of the Pre ident and the Divisional Code Authority of this Division 

may be included hereunder as a ubclivision or otherwise. 

SECTIO~ 4. The term "association" a. u ed herein shall mean the 

National Building Gra.nite Quarries Association, Inc. 

ARTICLE II 1-HouRs, ,VAGES AND Co:NDITIONS OF EMPLOYMENT 

SECTION 1. H O'Urs.-The following are exempt from the provisions 

of Section 2B Article III of Chapter 1 of this Code, relating to 

maximum hour . 

(a) Employees ( except those engaged in fitting at the site where 

the granite is to be installed who shall be within provisions of said 

Section 2B) engaged in manual labor who shall not be permitted 

to work in exces of forty ( 40) hours per week averaged over three 

(3) month period ; or in excess of forty-eight ( 48) hours in any one 

( 1) week; or in excess of six ( 6) days in any one ( 1) week; or in 

exce s of eight (8) hours in any twenty-four (24) hour period. 

(b) Sale men and Estimators. 

( c) Employees engaged in professional, executive, administrative 

ancl supervisory capacity who are not regularly engaged in manual 

labor receiving thirty-five dollars ($35.00) or more per week. 

( cl) ,,r atchmen who shall not be permitted to work in excess of 

twelve (12) hours in any twenty-four (24) hour period; or in excess 

of ix (6) days in any seven (7) day period; or in excess of fifty-six 

(56) hours in any seven (7) day period. 

1 See paragraph 2 of order approving this Code. 

(5) 
6 

(e) Ffremen, plant no-ineers, powclermen, loalino- ancl . hipping 

er w · who shall n t b I ermitt d to work more than two (2) hour. 

per day in exce · f the maximum hours pre. cribed in (a,) of this 

Section or in ex e.::· f forty-ciaht ( 4 ) hours in any even (7) cla 

p riod. 

(f) Employ e engao- din m rg n y work in lvino· bre· kl wn~ 

or the protection f lif and/ or property. 

SECTION 2. ~1 fmber P >rf arming W orlc.-lH mber of thi Divi-

. ion ,rho per.·onally perform man·ual labor r ar enaag din mechanical operation hall n t e ::ceed th maximum hour I re crib l her in 

whil workino- r engao-e l. 

SECTION 3. 1T~g ... -(a) No employ e, ex· pt as her inaftcr .· t 

forth, ·hall be paid at le s than th hourl rate · pecifi cl in th 

following chedule; provide 1, howeYer, that the pr vision· f thi 

~ e .tion ·hall n t be con trued a. · e ta bli. ·hing !) minimum rat of pay 

for othet· than common or un killed labor; and provided furth r that 

u h provi. ion · . hall not b on tru cl to anthorize reduction in 

existing rate · of pay. 

(1) "'\Vhen employed in Alabama Arizona Arkan ·a· Florida, 

Georgia , Kentucky Loui ·iana, Mi -·is ippi, ew M xico, rth Carolina., Oklahoma, outh arolin , Tenne see, Texa , Virginia ,v e t 

Virginia,--thirty cents (30¢ ). 

(2) vVhen employed in alif rnja, Colorad , Connectic'11 , Di trict 

of Co]nmLia, Delaware, Idaho Illinoi-· In liana Iowa , Kan a , 

J\1aine, lVIa.rybnd, lVIa sachu ett. , Mi chigan, Minnesota, 1· ouri, 

Montana, Nebra ·ka, evada, New Hamp. hire, New Jer ey, ew 

York: North Dakota, Ohio, Oregon, Penn, ylvania, Rhode I land, 

South Dakota, Utah, V rmont, vVashington, "\Vi consjn, Wyomino·,-

forty cents ( 40¢). 

(b) All employees engaged in fitting granite at th . iv, w h re the 

granite is to be jnc;faill c1 sh all be paid in accorcla11c with th 0 pro i-

·ions of Chapter I of thi Code, or of any other pertinent Cl apters of 

the oclc of F nir Comp tition for the Con truction Irn1n try, or of 

any pertirient ag re0 ment arriv .d at and provided in sajcl Chapter I 

or f'ection 7 (b) of the Act. 

( c) Employees en o-agecl solely a · tool and wn ter boys an 1 compri ing 1.ot more tha1, four per ient ( 41;( ) of the tobtl number of 

mpJoyee · (exc 0 pt that in any case there may be at least one (1) 

tool an l one (1) water boy) may l e paid Dt not le · than eicrhty 

per cent ( 0% ) of the hourly wag"s prescribe 1 herein. 

( d) Overtinic.-Ernployees engaged as de cribecl in para araphs 

( e) nnd ( f) of ection 1 h"'r of an 1 powclermen and loading ::ind 

, hippjng crews . hall be pn.icl at the ov rtime rate of at least ne and 

one-(Jnarter (ll/4 ) times the normal job ra :for all hour· worked 

in exces;; of the daily or w·eekly maxima pre. -rihe.d in paragra1 h 

(a ) of ection 1 hereof. 

( ) f ayrneni7.-~Ul mernb r of th Did ion 1a:hal make payment 

of n ll ·waO'e · clu0 in la, ful cu rren y or by negotiable rhe ·k ther for 

payabl on clemnn 1 at par. If ,vao- . ar paid by ch ck the mployer 

-lu 11 proYide r a ·onal le facili ies for ca~hing he k · at fac valu 

without charge or Llis onnt to the emp1oye . Emplo 1er hall al o 

provide nch identification as is n c 0 • ary to utilize uch :fuciliti . . 
7 

,v ages of employee· paid on an hourly b, is hall be du and 

payable at lea t twic a h n~onth. Not mo_re than on week'. wa~>" s 

·hall be h ld jn arrear . ,v aies and salan shall b e. emr t from 

any payment for pen ion , in 'Urance or ick benefit xccpt uch as 

i v lnntaril pai l or auth rizecl t, b d lu"te lb~ cmpl ye . 

Th pro-\ri ·ion · of thi. e.ction regar Eng I ayment of hourly wag s 

·hall not apply t per n mployed in profe · ional ex cutiv , admini. tratiYe and upervisory capacity who earn in xce of thirty-

.five cl llar ( 35.00) per \Yeek, nor to per ·on employed in sales, 

timating lcrical or office work. The wage for such p rson · hall 

be due at lea t monthly. 

(f) R bates.-Member of the Division or their agents hall not 

accept either directly or indirectly rebate on such wa(Te or give 

anything of value or extend any favors to any person for th purpose of influencing rate of wage or working conditions of their 

employees or cau nch to be lone. 

ECTION 4. Conditions of Employnient.-(a) Posting.-All member, of thi Division shall po t and keep po ted in con.~picuous places 

readily acce~sible to all employee· complete copies of Chapter I, 

General Provisions for the Con truction Industry and of this Chapt er of this Code. All members of this Division shall comply with 

all rules and regulations relative to the posting of provi ions of 

codes o:f fair competition which may from time to tim'-' be prescribed 

by the Administrator. 

(b) Saf ety and H ealth.-Each member of thi Division shall make 

reasonable provi ions £or the afety and health of hi · employees at 

the place and during the hours o-f their employment. Standards 

for ·afety and health shall be submitted by the Divi ional Code 

Authority to the Admini trator within six (6) months after the 

effective late of this Code. 

( c) Lim,ited Oapaoity.- Per. ·ons whose earning capacitie are limited becau e of age, phy ical or m ntal handicap, or other infirmity, 

n1ay be employed on light work at a wage below the rninimmn e tabIi hed by this Code, if the member of this Divi ion who is the 0111-

ployer thereof obtain from the State Authority, de ignated by the 

United States Departm nt of Labor, a certificat e authorizing such 

person's employment at such "TI'age and for such hours as ,·hall be 

tated in the c0 rtificate. Each member of the Divi ion shall file 

monthly with the DiYisional Code Authority a list of all such person employed by him, showing the wao-e, paid to, and the maximum 

hour of work for, such emplo"';ee. 

(d) Oonfra.cting.-(1) No member of this Division shall directly 

or indirectly let or ublet to any employee or laborer solely the labor 

servi es required by any contract . ecured by such member, except 

where said labor s0 rvices are compensated at a rate of not le s than 

th minima prescribed h rein or in any applicabl_e aoT•eem0 nt approYed a provided in Chapter I of thi Code or Section 7 (b) of the 

Act. This ·hall not be interpreted to affect or modify the la -t paragraph of Chapter I .Article III ecti n 2 A. 

(2) In no ca :liall a memb r of thi Divi ion avoid or evad·e the 

labor provision. of thi Chapter by contracting for granite with any 

person or per ons ·ubject to labor provi ions le s stringent than those 

provided in this Chapter. 
8 

AnTI LE III- DMI 1 TRATION 2 

SECTION 1. Cod Autho1'ity.- Divi ional Cod Auth rity is 

hereby constituted t admini:--d er thi. · od within thi. Divi ion. The 

Divi 10nal Code Authodty . hall consi -t of c: , en (7) indivi lual.. 

Five ( 5) memb r of the Divi. ional le uthnrit. ·hall b m mbers or repr sentati e of the A· iati n appoint l by th Board 

of Director of aid As ociation to "erv for t rms of on (1) ·e-ar. 

The two (2) remainin member of the DiYi ional o le Authori y 

shall be selected on a fair ba i · from and tor pre ent m mb 0 r~ f thi 

Di vision who are not member. of . aid A ociation or r pon ibl 

thereto. They hall be initi-ally appointed by the A lmini trator. 

Nomination for ·uch appointment, hall be made by th Boar l of 

Directors of , aid A sociation. Such m mber ·hall . erve for a term 

of one (1) year or until hi or their . ucce or· have b en selecte 1 

by the memb r of th Divi. ion who are not memb r of aid A ociation, according to a method of selection ati fa tory to and 

approv d by the Administrn.tor, or until such member or member 

becon1e a member or member of the A ociati n or re pon ible 

thereto, whichever of said period shall be the less. In the event 

no selection by the non-member of the A ociation of uch member 

is made within thirty (30) days of the expiration of any uch 

member ' term , the Admini trator shall apr oint the . ucce or.., . SECTION 2. R view of Acts of the Code Author~ity.-If the Administrator shall determine that any action of the Divi ional Co le 

Authority or any agen y thereof may be unfair or unju t or contrary to the publi interest, the Administrator to the extent of hi 

power under the Act may require that uch action be ·u pended to 

afford an opportunity for inve tigation of the merits of uch action 

and furth 0 r consideration by the Divi ional Co le Authority or 

agency pending final a tion which hall not be effectiYe unl · the 

Administrator approves or unle he hall fail to cli:approYe after 

thfrty (30) clay ' notice to him of intention to proceed with u 'h 

action in its original or modified form. 

SECTION 3. Standa1=d Form .-Divi ional Code Authority hall devi e standard form of pro po ·al and on tract , V,' hid1 forms hall 

protect the right of buyer and ellers, and apply for the approval 

of the Administrator and Construction Code Authority to the · 

forms. 

SECTION 4. Designation of Depository.-The Divisional Code Authority shall appoint and maintain a . uitable impartial agency a 

a depository for bids on granite. The dutie of thi depo itory ar 

as set forth under Article IV hereof or as the Divi ional Code 

Authority may from time to time del o-ate to it. Nothing her in 

contained hall relieve the Divisional Code Authority of it duti . and re ponsibilitie ·. 

SEcTio 5. Oode E xpense.-A. It beino· found nece ary in order 

to support the admini tration of thi fode and to maintain the 

standards of fair competition e tabli heel hereunder rmd to effectuat 

the policy of the Act the Divi ional Code Authority i authorized: 

(a) To incur uch rea onable obligation. as are nece sary and 

proper for the foregoing :i; urp se and to nieet such obligations out 

2 Sec pnragraph 2 of order appr ovin"' this Code. 
9 

of .funds which may be r ai ed as hereinafter provided an 1 which 

shall be held in trust for the purpose of the Code; 

(b) To submit to the Admini trat r for his approval, subject to 

such notice and opportunity to be h ard a he may deem nece ary 

(1) an itemize l bud_?·et of its estimated expen e · for the f regoing 

purpo "S, and (2) an equitable ba ·is upon which the fund nece,sary 

t o ·upport such budget shall be contributed by members of the 

Divi ion; 

( c) After such budget and basis of contribution have been ap- proved by the Administrator, to determine and obtain equitable contribution as above set forth by all members of the Divi ·ion, and to 

ihat end, if neces ary, to institute legal proceedings therefor in its 

own name. 

B. Each member o:f the Division shall pay his or it · equitable 

contribution to the exp nses of the mainte:nanc of the Divisional 

Code Authority, determined as hereinabove provided, and subject to 

rules and regulations pertaining thereto issued by the Administrator. 

Only members of the Division complying with the code and contributing to the expense of its administration as hereinabove provided, shall be entitled to participate in the selection of members of 

the Divisional Code Authority or to receive the benefits of any of its 

voluntary activities or to 1nake use of any emblem or in ignia o:f the 

National Recovery Administration. 

C. The Code Authority shall neither incur nor pay any obligation in exce s of the amount thereof as e ·timated in its approved 

budget, except upon approval of the Administrator; and no subsequent budget shall contain any deficiency item for expen litures in 

excess of prior bu 1get estimates except those which the Administrator shall have so approved. 

ARTICLE IV-TR \DE PRACTICE R U LES 

General Definition.-Violation of any rule set forth in this Article 

shall constitute an unfair trade practice. Any member of the Divi ion who shall, directly or indirectly, 1 1 e or employ such an unfair 

trade practice shall be in violation of the Code. Nothing in the 

Article shall super. ede or relieve the Divisional Code Authority of its 

duties and n'lsponsibilities. 

RULE 1. FILING OF BIDS, ETC. , APPLICABLE ONLY TO BIDS AMOUNTING TO 

$G,OOO OR OVER 

(a) Filing Bids.-Each member of this Division shall fi]e with or 

mail to the deposit ory two (2) signed exact duplicate copies, prop- erly identified, of every bid or revised bid £or granite, together ,Yith a 

list of all contractors and/or other· to whom such bid or revi ed bid 

is in any manner communicated. All such bids shall be filed or 

mailed not later than thirty (30) hours befor the time set for the 

opening of general contract bids when the oTanite i part of a general 

contractor's propo ed contract, or not later than thirty (30) hours 

before the time set for opening of granite birls when granite bi ls are 

r equested by others in -teacl of throuol1 general contractors. Members of the Division ·hall immediately notify the clcposi tory if the 

time set for opening of bids has been changed. 
10 

(b) Opening of Filed Bids.-Not sooner than thirty (30) hours 

noi~ later than seventy-eight (78) hours after the time establi hed in 

(a) hereof, for the filing of granite bids the depository shall open 

the filed duplicate bids and mail one (1) signed copy of each bid 

to the recipient of the original of such bid as a confirmation; and 

mail to all members of the Divi ion who filed bids, and who have 

complied with the provisions of Section 5 of Article I I I in the 

manner pre cribed in applicable Executive or Administrative Orders, 

a copy of all bids and lic::ts filed as described in (a) hereof. Written 

notice of any apparent violation of thi Article shall be filed by the 

Depo itory with the Divisional Code Authority. 

( c) Revisions.-If reYisions requiring a change of le,ss than 25o/c 

of the cubic quantity of granite are made in the plans and/ or pecification after the original opening of filed bid and/ or new bids 

are called for, only members of the Division who bid originally may 

sub1nit new or revised bids and uch members of the Division shall 

immediately send a breakdown of their original bid to the depository, 

and if requfred by the Divisional Code Authority shall substantiate 

the fact that their revised bid is made on the same basis as their 

original bid. In ca e the lowe t filed bid (filed originally) amounted 

to less than twenty-five thousand dollars ($25,000.00), this paragraph shall be effective for one hundred and twenty (120) days and 

otherwise for one hundred and eighty (180) days from the time 

established in Rule 1 (a) hereof for the original filing of bids. If the 

revisions r equire a change of 25 % or more of the cubic quantity 

of granite, new bids may be submitted by any member of the Division at a time as provided for in paragraph (a) hereof. 

( d) Oube.-The total net cubic quantity of granite required by 

each bid or r eYised bid hall be filed with the bid. The cubic quantitv hall be determined by rectangular measure. The rectangular 

mea ure of each piece of granite shall be the cubic volume of the 

smallest rectangular box in which said piece can be enclosed. 

(e) Filing Oontracts.-Each member of the Division shall file 

with the depository true copies of all contracts for granite work 

awarded to them within twenty-four (24) hours after the actual 

execution of the contract. In the event a member of the Division 

shall begin work prior to the execution of a contract, he shall proceed on the ba is of his filed bid and hall o notify the depo itory. 

Upon execution of the contract he shall file a copy of the contract 

as required abo·n~. The depository shall immediately report this, 

together with contract p.rice, to all known members of the Division 

who have complied with the provisi ns of Section 5 of Article III 

in the manner prescribed in applicable executive or administrative 

orders. 

( f) Uon fidentwl l n formation.-All information received by the depository shall be kept confidential except as otherwise provided in 

this Code and except that it .::hall bn available to the Administrator 

upon hi reque..,t. The depository shall report in writing any kI_1own 

or su pected violation of thi Code to th Divisional Code Au- thority. In no ca e shall th depository b 0 permitted or required 

to open filed bid. prior to the time established in Rule 1 (b) hereof, 

:for the opening of filed bids. 

(g) Stock and Qwarry.-Each member of the Division shall name 

in hi. bid the stock and quarry on which it is ba eel and if any other 
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.member of the Division is to perform any of tl~e £uncti9ns defined in 

Article I, Secti n 1 hereof ( with the exception of carvino'), such 

member or member · of the Division hall be named in the bid. 

(h) Plans and Specifications.-lVIembers of the Division shall bid 

on granite only in strict accordance with plan and/or specifications 

which state the name and location of the work and of the Architect 

and/ or Engineer. This shall not prevent any member of the Division from bidding to any other member of the Division on any 

portion of uny project so long as the remaining provision of this 

Code are observed. The namin °· or describing of any particular 

granite in the specifications hall not prohibit any member of the 

Division fr01n bidding on the work in other granites, subject, however to the provisions of Rule 3 of thi Article. All granite, called 

for lJy the plans and pecifications, including curbing, paving, flagging and imilar granite work, with the exception of crushed granite, 

shall be included in the bid. 

(i) Contract and Bid.-No member of the Division shall accept 

and/ or execute any contract for the sale of granite except in accordance with sucl~ members bid for such granite. 

(j) Sta.ndard Fornis.-All members of the Division shall use 

standard forms of proposals and contracts for granite after they 

have been approved by the Con truction Code Authority and the 

Administrator, except in case · where ·pecial forms are prescribed by 

competent governmental authority. 

RULE 2 . DIVISION OF BIDS 

In submitting his bid the member of the Division shall clearly state 

the AXact place and conditions of delivery and if the bid includes any 

functions other than those defined in Article I, Section 1 hereof, the 

amount included in the bid for such functions shall be set forth 

s 0 parately. Each bid may also state the price for granite f.o.b. point 

of shipment. 

RULE :3. BIDDING ON STOCK PRODUCED BY OTHER l\'IEl\IBERS OF THE 

DIVISION 

.r o member of the Division shall submit a bid based upon rough 

stock quarried by another ,member of the Division without first securing the consent of that member of the Division or a quotation on the 

stock he desires to bid upon, but if special granites are specified, 

any one of which amounts to less than five per cent ( 5% ) of the total 

granite cube, this shall not apply to such special granites. 

RULE 4. CH ~NGING OF BIDS 

- For a period of one hundred and twenty (120) days (one hundred 

and eighty (180) days if lowest original bid filed was twenty-five 

thouc:and dollars ($25,000) or more) after bids have been opened, no 

n1ember of the Di vision ·hull change his bid except as herein provided. Nothing herein contained shall deprive a member of the 

Division of any right he has to withdraw his bid. In case of a filed 

bid, a report of such withdrawal shall be sent immediately to the 
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Depository and by the Depository to all bidding members of the 

Division. 

RULE 5. BIDDING ON REVISIONS 

None but members of the Division who bid originally may bid 

on revisions requiring a change of less than 25% of the cubical quan- tity of granite and then only to those to whom they originally submitted bids, except to contractors or others who did not themselves 

bid originally but are making bids on the revised plans and specifications. Bids to such contractors who did not bid originally shall 

not be lower than the lowest revised · bid given to original bidders. 

In case the lowest filed bid ( filed originally) amounted to less than 

twenty-five thousand dollars ($25,000 ), this paragraph shall be 

effective for one hundred and twenty (120) days and otherwise for 

one hundred and eighty (180) days from the time established in 

Rule 1 (a) hereof for the original filing of bids. 

RULE G. OPENING OF COMPETITIVE BIDDING 

The Divi ional Code Authority or the Administrator shall declare 

the new or revised bidding open to all members of the Division upon 

r eceipt of atisfactory evidence of collusion between any or all 

bidding member of the Divi ion or between bidding member or 

bidding members of the Division and others. 

RULE 7. AGENTS 

( a) Each member of the Division hall immediately file with the 

Depository establi heel under Article II I, section 4, a list of all his 

sales agent together ,, ith a true and complete statement of all oral 

and/ or written contractural relations with each uch agent. Information regarding such contractural relations is to be available to the 

Aclmini.strator, and to be otherwi~e held confidential by the 

Depository. 

(b) No member of the Divi ion shall~ directly or indirectly, make 

any all wance or payment whether in the form of money or otherwise to his sales aaents except in strict accordance with the true 

and complete statement of all oral and/ or written contractural relations with such agent as hereinbe.fore required. 

RULE 8 . SECRET REBATES, ETC. 

No member of the Divi ion shall ( except as herein provided) offer 

or make any payment or allowance to any purcha er of a, rebate, 

refund, commission credit, unearned discount or excess allowance, 

whether in the form of money or otherwise, or offer or extend special 

service or privilege not extended to all customers of the same class, 

:for the purpose of influencing a sale. 

RULE 9 . CONTRA.CT ADJUSTMENTS REQUIRED 

No member of the Di vi,sion in the execution of a contract for 

granite shall furnish and/or provide, directly or indirectly, any 
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·material, labor, or service o-f any nature jn addition to the require1nents of his existing contract as filed with the depository unless 

an equitable adjustment hall have been made to compensate this 

member of the Division therefor. 

RULE 10. SELLING TO OTHERS, ETC. 

No member of the Division shall sell to or through any per.son who 

is a member of this Division who resells except on condition that 

such person shall agree not, (1) to split commissions directly or 

indirectly with any person; (2) to sell or offer to sell granite except 

in compliance with all the provi,sions of this Code. 

RULE 11. SA.LE AND COr'TRACTS IN ACCORDANCE WITH CODE 

No me1nber o.f the Division shall directly or indirectly sell, offer 

to sell, negotiate £or the sale of, contract or perform any contract 

for granite in violation of this Code. 

RULE 1 2 . APPLICATION 

The provisions o:f this Article shall apply to this Division as herein 

defined excluding operations th"rein undertaken in accordance with 

bona fide bids made not more than ninety (90) days prior to the 

effective date, or contracts ent ered into prior to the effective date. 

ARTICLE V-REGISTRA TION OF' MEMBERS OF THE DIVISION 

E ach member of this Divi. ion within thirty (30) days after the 

effective date of this Chapter, shall register with the Divisional Code 

Authority. All members of this Division who ·hall be within the 

Building Granite Division thereafter shall likewise register with the 

Divisional -Code Authority. Regi tration of the member of this 

Division shall include the full name and mailino- addre s of such 

member. Application may be made by the Divisional Code Authority to the Administrator for an extension of the time limit for 

registration by any member of thi Divi ion if it appears that t~e 

time limit as provided herein may cause inj ustice or undue hardship 

· to any member of this Division. 

AnTICLE VI-1\1omFICATION 

Subject t o the provisions of Section 2 ( c) of Article IVB of Cha 1~ -

ter I of this Code, the provisions of this Chapter, exc~pt a to p~ov1- sions required by the Act, may be modified on the basis of experience 

or changes in circumstances, such modifications to be ba~ed upon 

application to the Administrator and such notice and hearing a he 

shall specify, and to become effective on hi approval. 

ARTICLE VII-MANDATORY PROVISIONS OF THE AcT AND REFERENCE 

TO PROVISIONS OF CHAPTER I 

SECTION 1. L abor Pr·ov isions of the .A ct.-Employees shn.ll have 

the right to organize and bargain collectively through_ representative. of their own choosing and , hall be free from the interference, 
14 

restraint or coercion of members of the Division, or their agents, 

in the de ignation 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 hall 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; members of the Division hall comply with the maximum hours of labor, minimum rates 

of pay, and other conditions of employment, approved or prescribed 

by the President. 

SECTION 2. P1·esidential Powers.-This Code, and all the provisions 

thereof, and of any Chapter thereof, are expressly made subject to 

the right of the P resident, in accordance with the provisions of subsection (b) of Section 10 of the Act, from time to time to can{:el or 

modify any order, approval, license, rule or regulation issued 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 addition thereto, or any conditions imposed by him upon 

such approval. 

SECTION 3. R ef erence to Provwions of Chapter /.-Provisions of 

Chapter I of this Code, including any amendments thereto, or modifi cations thereof, except as herein specifically provided are specifically 

incorporated herein with the same force and effect as if set forth 

herein in full. 

A RTICLE VIII-EFFECTIVE D ATE 

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

after the approval pursuant to the Act, and shall apply only within 

the forty-eight ( 48) Stat~s and t~e Dis~rict of Columbia. 

Approved Code No. 244-Supplement No. · 1s. 

Registry No. 1023-01. 

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