Approved Code No. 480 Registry No. 1135-22 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

STRUCTURAL STEEL AND IRON 

FABRICATING INDUSTRY 

AS APPROVED ON JULY 11, 1934 

UNIV. o,. FL UI. 

U.I. DIPO IITCMI\' 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. - - - • • • • • Price 5 cent.a 
This publication is for sale by the Supelintendent of Documents, Government 

Printing Office, Washington, D.C., and by district offices of the Bureau of 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlauta, Ga.: 504 Post 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. Dalla , Tex. : Chamber of Commerce Building. Detroit, Mich.: 801 First National Bank Building. Hou ton, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. Jacksom·ille, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. Lo Angeles, Calif.: 1163 South Broadway. Louisville, Ky.: 408 Fed ral Building. 

Memphis, Tenn.: 229 Federal Building. 

Minneapolis, l\linn. : 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. ' ew York, N.Y.: 734 Customhouse. 

Norfo!k, Va.: 406 East Plume Street. 

Philadelphia, Pa. : 422 Commercial Trust Building. 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg. : 215 New Po t Office Building. St. Loui , Mo.: 506 Olive Street. 

San Franci co, alif.: 310 Cu tomhou e. 

Seattle, Wash. : 809 Federal Office Building. 
Approved Code No. 480 

CODE OF FAIR COMPETITION 

FOR THE 

STRUCTURAL STEEL AND IRON FABRICATING 

INDUSTRY 

As Approved on July 11, 1934 

ORDER 

CoDE OF FAIR CoMPETITION F OR THE STRUCTURAL STEEL AND IRON 

FABRICATING INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of a Code of 

Fair Competition for the Structural Steel and Iron Fabricating 

Industry, and hearing having been duly held thereon and the annexed 

report on said Code, containing findings with respect thereto, having 

been made and directed to the President : 

NO,V, THEREFORE, on b2half of the President of the United 

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

pursuant to authority vested in me by Executive Orders of the President, including Executive Order No. 6543-A, dated December 30, 

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

report and do find that said Code complies in all respects with the 

pertineut provisions and will promote the policy and purposes of 

said Title of said Act; and do hereby order that said Code of Fair 

Competition be and it is hereby approved; provided, however, that 

the following changes be, and the same hereby are, made : 

(1) That all provisions governing erection work are hereby deleted 

and that such erection work shall be governed by the provisions of 

Chapter I of the Cod-e of Fair Competition for the Construction 

Industry, approved January 31, 1934. 

(2) That Section 2 of Article IV be, and the sa,me hereby is, 

eliminated, and in lieu thereof, the following provision be, and it 

hereby is, inserted: · 

"Section 2. (a) No employee shall be permitted to work in excess 

of 40 hours in any one week or 8 hours in any twenty-four (24) hour 

period except as herein otherwise provided. 

(b) The provisions of this Article shall not apply to employees 

engaged in emergency maintenance or emergency repair work, or to 

persons employed in a managerial or executive capacity who earn 

regularly $35.00 per "eek or more; provided, however, that employees engaged in emergency maintenance or emergency repair work 

shall be paid not less than at the rate of 11/3 times their normal 

hourly rate for all hours worked in excess of 40 hours in each week 

or 8 hours in each twenty-four (24) hour period. 

73151°-829-45--34 (47) 
4 

( c) W utchm n ma be permitt cl to "-ork n t to exceed 5G hours 

in nn ' on "- k. 

( 1) ~ o mploy hall be I ·rn · tt d t work n10re than 6 lay in 

an 7- lay I ri d. ( ) T mploycr hull kn winO'ly p rmit an r mplo work 

for an tim1.; which, wh n added to h time pent at"' rk for an ther 

mploy r r o h r mr lo ' r ~ in his in lustry or any other in lustry 

:x d th maximum permitted her in. ' 

(3) That th f llowing be, and the ame h r by is, ad le l a a 

Sub ection (a) 2 of e tion 5 f Article IV: 

' (a) 2. No em1 loyee eno-ag din lrafting, cl tailino- and/or d io-ni11 g hall be paid in any pa period les than at the rate of twenty 

(20) dollar per w cl . ' 

( ±) That Subs ti n ( d) of Section 5 of Article IV be, and the 

ame h reby is amend d to read a :f Hows : 

( cl) The re pective rates o:f pay per hour for all employees, other 

than common laborers, employed in any plant of any member of the 

Indu tr . hall be uch that the minimum monthly average rate of 

pay per hour for all employ es ( except plant uperintendent ) 

mplo:ye l in such plant shall be 150% of the minimmn rate of pay 

per hour for common labor in such plant specified in ubdi,i ion 1 

of uch chedule C for the locality in which such plant is located; 

provided, however, that uch minimum monthly average rate of pay 

per hour hall in no ca e be le s than 51 cents. For all purpo es of 

this paragraph ( d) the monthl} average rate of pa per hour at any 

plant of any member of tlie Indu try in any calendar month shall 

be deemed to be the quotient obtained by dividing the total compensation paid to all employees ( except plant superintendents) at such 

plant for such month b3 the total number of hours worked by such 

employees at uch plant in such month." 

( 5) That the following be, and the same hereby is, added as 

Section 14 of Article IV : 

Section 14. No employer shall dismiss or demote any employee 

for making a complaint or giving evidence with respect to an alleged 

violation of the provision of this or any Code of Fair Comp tition. ' 

(6) That the following be, antl the same her by is, atltled as 

Se tion 4 of Article V : 

" ction 4. In order that the Code uthority shall at all times be 

truly r pre. entative of the Indu try and in other re pects comply 

with the provi ion of the Act, the A lministrator may prescribe uch 

hearing a. he may deem proper· and thereafter if he shall find the 

Col Authority i not truly repr sentative or do not in other 

re. p ts comply with the provi jons of the A t may require an 

approprjate modification of the od Authority.' 

(7) That Section 1 :f Article II be an l the am hereby i , 

amend d to read as follows : 

cti n 1. Tone of the mem r of the I ndu try hall s 11 or 

contra t or offer to sell any pro lu t and/or rlo or c ntract r ff r 

to do an. r ,ction w rk nt a pric which hall be le than the r a onabl e timated co t to uch memb r f uch product and/or of su h 

er ction w rk, a th ca. e n ny L . For the purpos of thi rti 1 

VII nch r a. onable 'l:>ti1 rntecl co t ·h, 11 be let rmin cl in accordance 

with the followincr pr visions ; pro icl cl, howe, r, that no memb r of 

the Industr 1 hall ell or offer to sell any product or products and/or 
49 

erection work at a price below the member's own cost for such product 

or 12roducts and/or erection work." 

( 8) That the :following be, and the same hereby is, added as 

Subsection ( e) o:f Section 1 o:f Article VII: 

" ( e) The Code Authority shall within ten days engage a competent firm o:f public accountants who, subject to the review o:f the 

Administrator). shall not later than two months after the effective 

date of this c;ode report to the Code Authority a comprehensive 

estimating :formula including all direct and indirect charges. This 

report immediately upon approval o:f the Administrator will replace 

this Section 1 and will become the estimating :formula of the 

industry." 

( 9) That Section 2 of Article XII be, and the same is, hereby 

deleted. 

(10) That Subdivision I of Schedule C be, and the same hereby is, 

eliminated, and in lieu thereof, the :following provision be, and the 

same hereby is inserted : 

"I. Minimum Rates o:f Pay for Common Labor in Plants 

The minimum rates o:f pay per hour :for common labor in plants 

shall be as :follows : 

District No. ;J._____________________________________________ 40¢ 

District No. 2_____________________________________________ 40¢ 

District No. 3_____________________________________________ 34¢ 

District No. 4--------------------------------------------- 40¢ District No. 5_____________________________________________ 40¢ 

District No. 6--------------------------------------------- 34¢ 

District No. 7: 

Territory of Hawaii___________________________________ 34¢ 

All other localities in District No. 7-___________________ 40¢ 

The minimum rates of pay established herein :for common labor 

shall not be construed as authorizing reductions in existing rates 

o:f pay." 

( 11) That the :following be, and the same hereby are, added as 

additional unfair practices under Schedule F: 

" R. Purchasing below advertised price of materials or accepting 

rebates, credits (secret or otherwise), waiving of extras or any way 

purchasing materials below published prices. 

S. The shipping of material by :fabrication in transit privilege to 

a point or points other than actually specified on the orders to the 

rolling mills for that particular material provided, however, that 

nothing shall prevent the use of the fabrication in transit privilege 

for the normal movement of stock material. 

T. The violation of any provision of Schedule G in the purchasing 

and/or selling of any material or services." 

and provided, further, that within ninety days I may direct that 

there be a further hearing on such of the provisions of this Code 

as I may designate, and that any order which I may make after such 

hearing shall have the effect of a condition on the approval of 

said Code. 

Approval recommended. 

GEORGE L. BERRY, 

HUGHS. JOHNSON, 

Administ'rator for Industrial Recovery. 

Division Administrator. 

JULY 11, 1934. 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

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

Structural Steel and Iron Fabricating Industry, as revised after the 

Public Hearing conducted in Washington on October 3,0, 1933, in 

accordance with the provisions of the National Industrial Recovery 

Act. All statements in this report are based on the Code as transmitted herewith and the Order of Approval submitted for your 

signature. 

HOURS AND WAGES 

This Code provides that workers shall not be employed for more 

than forty (40) hours in any one (1) week nor more than eight (8) 

hours in any twenty-four (24) hour period nor more than six (6) 

days in any seven (7), except in cases of emergency when all overtime shall be paid for at the rate of time and one-third. Furthermore, these restrictions do not apply to those in a managerial or 

executive capacity who earn thirty-five dollars ($35.00) or more 

per week. Employees engaged in drafting, detailing and/or designing are to be paid not less than at the rate of twenty dollars 

($20.00) per week. No person under sixteen (16) years of age may 

be employed in the industry nor anyone under eighteen (18) years 

of age in plants or in erection work. The minimum rate of pay per 

hour for common labor in the Territory of Hawaii and the Southern 

States is established at thirty-four cents ( 34¢) per hour, the balance 

of the United States, Alaska and the Canal Zone at forty cents ( 40¢) . 

ECONOl\IIC EFFEC'IS OF THE OODE 

This industry, being a capital goods industry, bas suffered 

severely during the depression. The number of employees in the 

industry in 1929 was approximately fifty thousand but this number 

has now been reduced to about one-half although the volume of 

production has fallen to a·bout one-quarter of the 1929 volume. The 

analysis of the Research and Planning Divi ion indicates that 

about fifteen percent of the number of employees will probably immediately benefit by increases in wages, although any increase in 

wage earners will be in large measure dependent upon incr ase in 

demand for products of the industry. The provisions designed to 

prevent sales below cost should prevent a re ulting loss o:f working 

capital with its tendency to cut wages to reduce losses. 

(50) 
51 

FINDINGS 

The Deputy Administrator in his final report to me on said 

Code having found as herein set forth and on the basis of all the 

proceedings in this matter ; 

I find that: 

(a) Said Code is well designed to promote the policies and purposes 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 trade groups, 

by inducing and maintaining united action of labor and management 

under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of industries, by 

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

agricultural products through increasing purchasing power, by 

reducing and relieving unemployment, by improving standards of 

labor, and by otherwise rehabilitating industry. 

(b) The Code as approved complies in all respect with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and 

Subsection (b) of Section 10 thereof; and that the applicant association is an industrial association truly representative of the aforesaid Industry; and that said association imposes no inequitable restrictions on admission to membership therein. 

( c) The Code is not designed to and will not permit monopolies 

or monopolistic practices. 

( d) The Code is not designed to and will not eliminate or oppress 

small enterprises and will not operate to discriminate against them. 

( e) Those engaged in other steps of the economic process have 

not been deprived of the right to be heard prior to approval of 

said Code. 

For these reasons this Code has been approved. 

Respectfully, 

JULY 11, 1934. 

HUGH s. JOHNSON, 

Adniinistrator. 
CODE OF FAIR CO 1PETITION FOR THE TRl CTURAL 

STEEL A.ND IRON FABRIC.A.TI GI D STRY 1 

ARTICLE I-DEFI ITI0NS 

Wherever u ed in thi Code or in any schedule appertaining h reto 

th terms hereinafter in this Article d fined shall, unle th context 

shall otherwise clearly indicate, have the respective meanin h reina:fter in this Article set forth. The definition of any such t rm in 

tl?-e sinQUlar hall apply to the use of such form in the plural and 

vice v r a. 

SECTION 1. The term "the United States" means and includes all 

of the territory of the United States of An1erica on the .r orth 

American continent (including Alaska and the Canal Zone) and the 

T rritory of Hawaii. 

SECTION 2. The terms "the President", "the National Industrial 

Recmrery A.ct ", " the Administrator ", and " th~ A.dmini tration " 

mean, re pectively, the President of the United States of America, 

Title I of the National Industrial Recovery A.ct as approved by the 

President June 16, 1933, the Administrator for Industrial Recovery 

appointed by the President and at the time in office under, and the 

agency e tablished pursuant to Section 2 of Title I of the National 

Industrial Recovery A.ct. 

SECTION 3. The term "per on" means and includes any individual, 

firm association, corporation or other form of busine s enterprise. 

SECTION 4. The term "products" means and includes fabricated 

st€el or iron shapes, plates or bars ( other than concrete reinforcing 

bars) for u e in the con truction of buildings, bridges or other structur and any oth r articles incidental thereto and u ed in connection 

therewith which shall be manufactured or proces ed by the person 

who fabricates uch plate , shapes or bars. 

SECTION 5. The term "erection work" mean and includes the 

work of erecting products in place in buildino-s, bridges or other 

s+-ructures and any other work incidental ther to and cu omarily 

undertaken in connection therewith by members of the Indu try. 

Such other work is hereinafter sometimes referred to as "incidental 

erection work. ' 

othing in the Code contained, however, shall be deemed to reli ve 

any per on from any obligation of such person to c mply with the 

provi. ions of the ode of Fair Competition for the on tru tion 

In lu. try a ppr Ye 1 by the Pre. ident January 31 1934, or with the 

pro\ i:ions of any other co le of fair ompetition or of any chapter 

of . \lCh Con. truction ode that shall have been approved b the 

Pr . ·1c1ent pur. uant to the provisions of ection 3 of tho ational 

Indu trial Recovery Act jn biddino- for contracting to lo doing 

or subletting any part of th work of erecting mat rials in place in 

1 cc pnragraph 2 (1) of ol'der approving this Code. 

(52) 
53 

buildings, bridges or other structures ( other than erection work as 

hereinbefore defined) in so far as such provisions shall be properly 

appiicable to such part of such work. 

SECTION 6. The term" the Industry" means and includes the business of fabricating in the United States and seliing products, or 

any of them, and/or the business of contracting t o do and doing 

erection work in the United States, including the designing of such 

products, or any of them, and of such erection work by the member 

of the Industry which fabricates such products or does such erection 

work. 

SECTION 7. The term "member of the Industry" means and includes any person conducting in the United States the business of 

fabricating and selling products, or any of them, and/ or the business 

of contracting to do and doing erection work in the United States. 

SECTION 8. The term " the Code" means and includes this Code 

and all schedules annexed hereto as originally approved by the 

President and all amendments hereof and thereof that shall lawfully be made. 

SECTION 9. The term " member of the Code " means any member 

of the Industry which shall have become a member of the Code as 

hereinafter in Section 2 of Article III provided. 

SECTION 10. The term " the Institute" means American Institute 

of Steel Construction, Inc., a New York membership corporation. 

SECTION 11. The term "the Code Authority" means the Code 

Authority as from time to time constituted pursuant to the provisions of Article V of the Code .. 

SECTION 12. The term " the Secretary " means the secretary of 

the Institute at the time in office. 

SECTION 13. The term " the Treasurer " means the treasurer of the 

Institute at the time in office. 

SECTION 14. The term "unfair practice" means and includes any 

act described as an unfair practice in Schedule F annexed hereto. 

SECTION 15. Wherever used in the Code with reference to the 

Industry or any member of the Industry or any member of the 

Code, unless the context shall otherwise clearly indicate; 

(a) the term " plant " means only a plant for the fabrication of 

one or more products in the Industry; 

(b) the term "prices" includes only prices for the sale of 

products and/ or for erection work; 

( c) the term "labor" means only labor performed in the Industry; 

and 

( d) the term" employee" means only an employee in the Industry. 

SECTION 16. The term "the effective date of the Code" means the 

eleventh day after the day on which the Code shall have been 

approved by the President pursuant to the National Industrial 

Recovery Act. 

SECTION 17. The term " an aflilia ted group " means one or more 

corporations connected through stock ownership with a common 

parent corporation if (1) at least 50% of the stock of each such 

corporation ( except such common parent corporation) is owned directly by one or more of the other corporations, and (2) such common parent corporation owns directly or through one or more of the 

other corporations. The term "an affiliated company of a member 

73151°-829-45-34--2 
54 

f th Indn tr ' means (1) 11 c rporntion hich i. one of an affiliate l gr up tha nl in ·lud ~ll h m mber of th n lu try r (2) n. 

c rporation at l a t O :3⁄4 f th tock of whi hi own d by such member r bv u h m mb r and an other m mb r r m mbers of the 

In lu try~ ◄ r th pnq os f this ection 16 the term tock" 

do not in ·Incle non-v ting sto k whi h is limited and pref rr d as 

to diYicl n 1 . 

RTI LE II-P RPOSE OF TUE ODE 

SECTION 1. The Code is adopted pursuant to Title I of the ational 

In l u. trial Recovery ct. 

SECTIO.i: 2. The purpose of the Code is to effectuate the policy of 

Title I of the National Industrial Recovery Act in o far a it is 

applicable to the Industry. 

ARTICLE III-MEMBER ... IDP I THE CODE 

SE 'TION 1. It is of thee sence of the Code that all members of the 

Inclu try ~-hich shall comply with the provisions of the Code hall 

be entitled to participate in its benefits upon the terms and conditions 

set forth in the Code. 

SECTION 2. Any member of the Industry which hall desire to become a member of the Code may do so by signing and delivering to 

the S cretary a letter sub tantially in the form set forth in chetlule 

A annexed hereto. 

SEcTro_,. 3. A meeting of n1embers of the Code may be called and 

held at any time by order of the Code Authority, or by members 

of the Code having the right to cast at least 50% of all the votes that 

might be cast at such meeting, if all the members of the Code were 

present thereat, on not less than ten days' notice- to each of such members tating the time and place of such meeting and the purposes 

thereof. 

A meetino- of members of the Industry may be called and hell at 

any time by order of the Code Authority, or by members of the 

Indu try having the right to cast at least 50% of all the otes that 

might be ca t at such meeting, if all the members of the Industry 

entitled to vote at such meeting were present thereat on not le s 

than ten days' notice to each of such member stating the time and 

place of such meeting and the purposes thereof. 

SEcTIO.i:T 4. Subject a her inafter in thi · Section 4 provided at 

each meetin r; of he members of the Coe.le and, except as provided 

in S ction 2 of Article V of the C de, at a h meeting of members of 

the Industry, each member of the ode hall have a many votes as 

shall equal the sum of (a) the quoti nt btained by dividing by 

2000 the av rao-e annual amount in ton o:f the produ ts fabri ated 

by such m mb r and dcliYere l for u e within the United tates 

durin the f ur cal ndar y ar 192 to 1931, inclusive, and (b) the 

quoti nt obtained b dividing b 10,000 th av rage annual am unt in 

tons of the product. th r ction work on whi h in the nit cl tates 

was don by u h member lurino- th :four al n lar y ar 192 to 1931, 

inclu ive. Fraction in uch qu ti ,nt hall be li T ~arde l; provided, h°'vever, that ach memb r of the oc.le shall nave at 1 ast 
55 

one vote. The number of vetes which each member o:f the Code 

shall be entitled to cast at any such meeting shall be determined 

by the Code Authority in accordance with the provisions of this 

Section 4. 

If any member of the Industry shall~ within thirty days after it 

shall have become a member of the Code, file with the Secretary a 

petition stating that the average annual amount in tons of the products fabricated and delivered by such member for use within the 

United States during the four calendar years 1928 to 1931, inclusive, 

did not fairly represent the comparative position of such member in 

the Industry at the end of such four year period, the Code Authority 

may fix the amounts in tons which in its opinion would fairly represent the position of such members in the Industry at the end of such 

four year period and the number of votes to which such member 

shall be entitled under the provisions of this Section 4 shall be computed on the basis of the ·amounts so fixed. The Code Authority 

may also, from time to time in its discretion, adjust the amounts in 

tons on the basis of which the number of votes of each member of the 

Code shall be computed in such manner as fairly to apportion such 

votes among the members of the Code with due regard to their comparativ~ positions in the business of fabricating, and/ or doing erection work on, products used in the United States at the time of any 

such adjustment; provided, however, that no adjustment made by the 

Code Authority under the provisions of this sentence shall take effect 

prior to January 1, 1935. At each meeting of members of the Code 

or of members of the Industry, as the case may be, any individual 

or firm who shall be entitled to vote thereat may, and any association 

or corporation which shall be entitled to vote thereat shall, vote by 

proxy in writing duly executed by such member and filed with the 

Secretary. Any such proxy may be for a specified meeting or be a 

general proxy for any or all meetings that may be held until such 

proxy shall have been revoked by an instrument in writing duly 

executed and filed with the Secretary by the member of the Industry 

which gave such proxy. 

SECTION 5. At each meeting of the members of the Code or of the 

members of the Industry, as the case may be, members thereof having 

the right to cast at least two-thirds of all the votes that might be 

cast at such meeting, if all the members of the Industry entitled to 

vote at such meeting were present thereat, shall constitute a quorum 

for the transaction of business at such meeting. 

SECTION 6. The Institute shall impose no inequitable restrictions 

on membership, and will maintain on file with the Administrator 

true copies of its certificate of incorporation, constitution and bylaws, regulations and any amendments when made thereto, together 

with such other information as t0 membership, organization and 

activities as the Administrator may from time to time deem necessary 

to effectuate the purpose of Title I of the National Industrial 

Recovery Act. 

SECTION 7. In order to be entitled to notice of and to vote at any 

meeting of members of the Industry, a member of the Industry which 

shall not be a member of the Code 

(a) must in good faith be complying with the provisions of the 

Code; 
56 

(b) mustt at lea. t t n da s prior to the lat of u h m eting~ have 

filed ith tn c r tary a tatem nt l owing its name an l a :tdre 

and th r port r quir cl b the provi~ion of Section 6 of Article IX 

of tho o ; and 

(c) mu t haYe ntributed toward the expen. s of a hninistering 

the Code in an amount at least equal to th amount which would 

have been pa able by it had it been a member of the Code from the 

eff ctive date of the Code or from the date on whi h it became such 

member of the Indu ry, whichever date shall be the later, to the 

date of uch meeting. 

Exe pt as pr vid d in Section 2 of Article V of the Code, at 

each m ting of the members of the Indu try each member ther of 

which shall ha v qualified to vote at such meeting as hereinbefore 

jn this ection 7 I rovided shall have a number of votes determin d 

in the same manner as is hereinb fore in Section 4 of this Article 

VI provided for determining the nun:~ber of votes which a member 

of the Cod shall have at such meeting. 

ARTICLE I -HOUR OF LABOR, RATES OF PAY A1''1> OTHER CONDITIONS 

OF EMPLOYMENT. 

SECTION 1. Pursuant to subsection (a) or Section 7 of the ational 

I ndustrial Recovery Act, the Code contains the following conditions : 

(1) That employees shall have the right to organize and bargain 

collectively through representatives of their own choosing, and shall 

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

of labor, or their agents, in the designation of such representatives 

or in self-organization or in other concerted activities for the :pur- pose of collective bargaining or other mutual aid or protect10n ; 

(2) that no employee and no one seeking employment shall be 

reqmred as a condition of employment to join any company union 

or to refrain from joining, organizing, or assisting a labor organ- ization of his own choosing· and 

(3) that employ rs shall comply with the maximum hours of 

labor, minimum rate of pay, and other conditions of employm nt, approved or prescribed by the President. SECTION 2. Except as hereinafter in this Section 2 provided and 

BO long as employees qualified for the work r quired shall be available in the respective localities where such work shall be required, 

(a) none of the members of the Industry shall cause or permit 

any employee in any of its plants to work more than 40 hours or 

more than 6 days in any one week; provided, however, that such 

employees may be permitted to work more than 40 hours per week, 

but not 1nore than 48 h urs per we k, in any 4 weeks of any period 

of 16 consecutive weeks; and 

(b) employees employed on erection , ork hall not be pennitted 

to work more than 40 hours in any one week or more than 8 hours 

in any 24 hour period; pro1Jided, however, that, if on an job of 

erection work 1'orking time shall have been lost because of weather 

conditions or unavoi lable delays, until such lost working time shall 

be made up, empl ye on such job may be permitted to work more 

than 40 hour per week and more than 8 hours in any 24 hour period, 
57 

but not more than 48 hours per week, in any 4 weeks of any period 

of 16 consecutive weeks. 

The foregoing provisions of this Section 2 shall not apply 

(1) to the following classes of employees, if they shall be receiving pay at a rate of $35 per week or more, viz : executives, those 

employed in supervisory capacities ( other than foremen regularly 

performing manual labor) and in technical work and their respective 

staffs; or 

(2) to watchmen or those employed in emergency work. Watchmen may be permitted to work not more than 56 hours in any one 

week. 

None of the members of the Industry shall knowingly permit any 

employee who also shall have performed work for one or more other 

employers (whether or not members of the Industry) to work for 

such member such number _of hours as would result in a violation of 

the Code had all such work been performed for such member. 2 

SECTION 3. None of the members of the Industry shall em.plnv any 

employee under 16 years of age; nor shall any member of the Industry employ any employee under 18 years of age in or about its 

plants or in or about any erection work. 

SECTION 4. For the more effective administration of the Code, the 

districts described in Schedule B annexed hereto have been established and the minimum rates of pay for labor have been fixed for 

the various localities described in Schedule C annexed hereto within 

the respective districts. 

SECTION 5. Subject as hereinafter in Section 7 of this Article IV 

provided: 

(a) The rate of pay per hour which each member of the Industry 

shall pay for common labor employed in its plant or plants in any 

of the localities described in Subdivision I of Schedule C annexed 

hereto shall be not less than the minimum rate of pay set forth in 

such Subdivision I for such common labor in such locality.3 

(b) The rate of pay per hour which each member of the Industry 

shall pay for connnon labor employed by such member in erection 

work in any of the localities described in Subdivision II of such 

Schedule C shall be not less than the minimum rate of pay set forth 

in such Subdivision II for such common labor in such locality; 

provided, however, that the provisions of this paragraph (b) shall 

not be construed as establishing a minimum rate of pay for other 

than common labor. 

( c) Except as hereinafter in this Section 5 provided, none of the 

members of the Industry shall pay any of its employees performing 

labor in its plant or plants in any locality described in Subdivision I 

of such Schedule C, or in erection work in any locality described in 

Subdivision II of such Schedule C, at any rate of pay less than the 

minimum rate specified in such Subdivision I or in such Subdivision 

II, as the case may be, :for common labor in such locality. 

(d) The respective rates of pay per hour for all employees, other 

than common laborers, employed in any plant of any member of 

the Industry shall be such that the minimum monthly average 

2 Section 2 deleted and substitution inserted. See paragraph 2 (2) of order approving this Code. 8 Additional subsection inserted. See paragraph 2 (3) of order approving this Code. 
58 

rate of pay per hour for all employe ( e c pt plant superintendn ) mplo , cl in su h pl nt hall b 1271⁄2 p re nt £ the minimum 

rate of pa · per hour for common labor in such plant sp cifi d in 

Subdivi ion I of such chedule C for the lo ality in which such 

plant is lo ated; provid d how ver, that such nunimum monthly 

av rno-e rate of pa per hour shall in n case be 1 s than 3 cents. 

For all purpo es of this paragraph (d) the monthly average rate 

of pay per hour at any plant of any member of the Industry in any 

cal ndar month shall be d emed to be the quoti nt obtain d by 

di i ling the total com pen ation paid to all emplo e s ( exc pt plant 

superintendents) at such plant for such month by the total number 

of hours worked by such employees at such plant in such month.' 

( e) The employees referred to in the foregoing paragraph ( d) of 

this Section 5 shall not include superintendents manao-er ci il engineers, draughtsmen, accountants, clerks or stenoQTaphers or other 

employees whose pay is customarily included as a part of administrative and/or selling expenses. The respective rates of pay which 

shall be paid b:y each member of the Industry to its employe s of 

the classes herembefore in this paragraph ( e) referred to (not including such employees whose rates of pay were more than $35 per 

week on August 15, 1933) in any locality shall be at least 80% of 

the respective rates of pay (not including any bonus) paid by it 

to its employees of such classes in such locality on July 16, 1928; 

provided however that none of the members of the Industry shall 

pay any such employee at a rate of pay less than $14 per week. 

Each member of the Industry which shall not have done so since 

June 15 1933 . hall make such adjustments in the rat s of pay of 

its employee of the clas es referred to in this paragraph (e) whose 

rates of pay on Augu t 15, 1933, were greater than $35 p r week 

(not including executives and heads of department ) as shall be 

fair and equitable to such employees. 

( f) If any member of the Industry shall pay any employee per 

piece work p rformed the minimum rate of pay which such member shall pay to such employ e for such work shall be such that 

the rate of pay per hour of uch employee for the number of hours 

worked b. him durin th pay period in which su h work hall be 

perform d hall b not le s than the minimum rate of pay per hour 

provided un ler the Cod for uch class of work in the plant or 

locality in which such work shall be performed. 

(g) Anything in the Code to the contrary notwithstandino- the 

rate of pay per hour for apprentices, watchmen or office bo or for 

any employee who b cau e of age or disability shall not be engaged 

in active manual labor, hall be not less than 80% of the minimum 

rat of pay p r hour for ommon labor appli able und r Subdivi ion 

I of such Sch dule to the plant at which such mployee hall be 

employed· provided however, that the number of such mplo ~ees 

who hall b mplo c 1 at such plant and who hall b paid at 3- rate 

of pay per hour le. than such minimum rate of pay per h ur for 

comm n la or hall not xc eel 5o/£ of the total numb r of mpl es 

regularly empl d at u h plant· and pr i l d furth r that for the 

purpos of tl is par graph (g) none f th mpl r of a member 

'Amended. See paragraph 2 ( 4) of ord r approving this ode. 
59 

of the Industry shall be deemed an apprentice after he shall have 

been in the employ of such member :£or a period of six months. 

SECTION 6. Each member of the Code which shall violate any provision of Section 5 of this Article IV shall pay to the Treasurer as 

an individual and not as treasurer of the Institute, in trust, a sum 

equal to $3 per ton of each ton of any product or products which 

shall have been fabricated in the plant of such member in which the 

violation shall ha-ve occurred during the continuance of such violation or in the erection work on which such violation shall have occurred and which shall have been erected during the continuance 

of such violation, us the case may be. 

SECTION 7. "\Vhere provisions concerning hours of labor or rates 

of pay have been established for specific projects, by competent 

governmental authority or agencies (whether Federal, State, or political subdivisions thereof) acting in accordance with law, any 

member of the Industry required to comply and c01nplying with the 

provisions so established shall be relieved of compliance with an.:y 

conflicting provisions of this Article IV. 

SECTION 8. If any member of the Code shall sublet any erection 

work to any person not a member of the Code, such member shall 

procure from such person an agreement substantially in such form 

as shall have been approved by the Code Authority whereby such 

person shall agree to comply, and to cause any subcontractor to which 

such person may in turn sublet such erection work or any part 

thereof to comply, with the provisions of this Article IV in respect 

o:f the maximum hours o:f labor and minimum rates of pay :for common labor which shall be employed by such person or such subcontractor, as the case may be, in such erection work. Each member 

of the Code which shall violate any provision o:f this Section 8 shall 

pay to the Treasurer as an individual and not as treasurer of the 

Institute, in trust, a sum equal to $5 per ton for each ton of any 

product or products the erection work on which shall have been 

sublet by such member in violation of this Section 8. 

SECTION 9. None of the members of the Industry shall sublet all 

or any part of the work o:f :fabricating any product or products in 

quantities of 10 tons or over for any one job, or the making of any 

drawings in connection therewith, to any person who shall not agree 

to conform to the provisions of the Code or of another code of :fair 

competition approved by the President pursuant to the provisions 

o:f the National Industrial Recovery Act and ap:plicable to such person, in respect of maximum hours of labor and minimum rates o:f pay 

for labor which shall be employed on such work. Any member of 

the Code which shall sublet any such work in violation o:f this Section 9 shall pay to the Treasurer as an individual and not as treasurer of the Institute, in trust, a sum equal to $5 per ton for each ton 

of any product or products any such work on which shall have been 

so sublet by such member. 

SECTION 10. None of the members of the Industry shttll sublet all 

or any part of the work of fabricating any product or products or 

the making of any drawings in connection therewith or any erection 

work thereon to any of its employees; provided, however, that the 

foregoing provisions of this Section 10 shall not be deemed to prohibit any member of the Industry from paying any of its employees 
60 

per pie e of work perform data rat f pa whi h hall onform to 

the proYi ions of paragraph (f) f e ·tion 5 of this rtid I . E TI .. 11. on f th m mber. of th In lu tr ball recb ify 

its empl . e or their duti or o upati n r mplo an other subterfuCYe, f r the purpo e f d f atino- th I urp s or provi i ns of 

the rational In lu trial R c Yer Act or th ode. 

•CTION 12. ~Iember of the Indu try shall mak payment of all 

wages due in lawful curr ncy or by negotiable check th rcfor pa able 

on demand. '\Vages shall be paid at least bi-monthly and alari s 

shall be paid at least monthly. None of them mbers of th Indu try 

nor any agent of such member shall accept any rebate from such 

wage directly or indire tly. 

SECTION 13. In doing any incidental erection work (as the term 

"incidental erection work" is defined in Section 5 of Article I of the 

Code), members of the Industry shall comply with the maximum 

hours of labor and minimum rates of pay at the time in effect under 

the Code of Fair Competition for the Construction Indu try approved by the President on January 31, 1934, in so far as they hall 

be applicable to such incidental erection work. 5 

ARTICLE V-TIIE CODE AUTHORITY 

SECTION 1. The Code Authority shall consi t of the following: 

(a) The members of the Board of Directors of the In titute at 

the time in office. 

(b) Two a sociate members to be appointed as hereinafter in Section 2 of this Article V provided. 

( c) Not more than two members, as the Administrator shall determine, each of whom shall be a member of the Indu try ( or an 

executive officer of a corporation or a member of a firm which is a 

member of the Industry) and who may be elected by the men1bers 

of the Industry which are not members of the Institute, if such 

members of the Industry shall so desire, in such manner as the 

Administrator shall approve. 

( d) One or more members, not excoodinO' three, who shall be 

appointed by the Admini trator. Such m mber or memb rs ~hall 

ser-ve without expense to the Industry and shall not have the right 

to , ote. 

SE TION 2. Each of the two as ociate members of the Cod Authority provided for in paragraph (b) of Section 1 of thi Article V 

mu t be a member of the Industry ( or an executive officer of a corporation r a member of a firm -which is a member of the indu try) 

conducting the bu in ss of doin<r erection -work under the Co le but 

not conducting the business of fabricating products. In the first 

in tance uch two a sociate members shall be appointed by the Board 

of Directors of the In titute from among not les than five individuals nominated by Structural Steel and Brido·e Erectors As ociation, 

all of whom shall be members of the In lu try ( or executive offi rs 

of corporations or mcmb rs of firms which are m mbers of the Industry) onclucting the businn .. of doino- rection work un l r th o le 

but no onclncting the bu. incs of fabri ating pr duct . Within 90 

days after the ffectivc date of the ode, the C de u hority ·hall 

• Section 14 adcled. See paragraph 2 (5) of orde r approving tbls ode. 
61 

call a meeting of all members of the Industry which shall be members of the Code or which ·hall have qualified to vote as provided 

in Section 7 of Article III of the Code and "hich shall be engaged 

in the business of doing erection work under the Code for the election of two associate members of the Code Authority to succeed the 

two first appointed as above provided. At such election each such 

member of the Indu try shall be entitled to one vote for each such 

associate member to be elected and such a sociate member shall be. 

elected by plurality vote. The associate members so elected shdl 

serve for a term of one year or until their successors shall be el(•ded. 

Thereafter two such associate members shall be elected umrnally in 

the same manner. 

SECTION 3. The Code Authority may from time to time prescribe 

rules for the calling and conducting of meetings thereof. A majority of the members of the Code Authority at the time in office and 

entitled to vote shall constitute a quorum for the transaction of business at any meeting of the Code Authority, but a number of such 

niembers le s than a majority thereof may adjourn any meeting from 

time to time until a quorum shall be present thereat.6 

ARTICLE VI-ADMINISTRATION OF THE CODE 

SECTION 1. The administration of the Code shall be under the 

direction of the Code Authority. To the extent permitted by the 

National Industrial RecoYery Act, the Code Authority shall have 

all the powers and duties conferred upon it by the Code and generally all such other powers and duties as shall be necessary or proper 

to enable it fully to administer the Code and to effectuate its purpose. SECTION 2. For the purpose of facilitating the administration of 

the Code, the Code Authority shall appoint two committees as 

follows: 

(a) A Committee on Fabrication to consider, and make recom- mendations to the Code Authority in respect of, matters in connection with the administration of the Code which relate to the fabrication of products under the Code and to have such other powers 

and duties with regard to uch matters as the Code Authority shall 

from time to time prescribe. Such Committee shall con ist of seven 

members, including the chairman, all of whom shall be members of 

the Code Authority who are members of the Industry ( or executive 

officers of corporations or members of firms which are 111.embers of 

the Industry) conducting the business of fabricating products under 

the Code. (b) A Committee on Erection to consider, and make recommendations to the Code Authority in respect of, matters in connection with 

the administration of the Co le which relate to erection work und.o r 

the Code and to have such other powers and duties with regard to 

such matters as the Code Authority hall :from time to time prescribe. Such Committee shall consist of seven members, including 

the chairman, two of them . hall be the a. ociate members of the Code 

Authority hereinbefore in Article V r eferred to and the remaining 

fiye of \\'horn shall be member of the Code Authority "110 are merno Section 4 a dded. See paragraph 2 (6) of order approving tbis Code. 

73131 °-829-45- •-34-3 
ber 

of firm· whi ·h nr m m er._· of lh 

of doing r tim w rl un ler th 

An a ti n tak n by ither f u h hall be r port d 

to th od .J. nth0rity at he m tino- th r of next f 11 wino- the 

tnkin~ f n ·h a ti 1 and an. u h a ti n may b res ind d or 

m difi d b. th od nthority at any time. 

ECTI . 'I he ocl A nth rit 1nay from time to time appoint 

u h other ·ommitt e a it hall 1 cm ne s ar or prop r in rel r 

to effectuate the I urpo e of the ode an l it 111ay cl 1 o·at t any 

uch commit O g n rall or in particular in tance . u h f the 

po11er::; and dutie f the ode Authori y under the o le a the 

ode .... uthority ·hall de m nece ·ary or proper in order to :ff ectuate uch I urpo e. ny member of an · uch committ e may be 

a memb r of the Co le Authority or an officer or a lir ·tor f a 

memb r f the Indu try or a per on not havino· any official onne -

tion -with any member of the C de or with the In titnk, a the 

ode Authority shall deem proper. 

ECTIOX 4. T'he e retary hall act as ecretary under the od . 

"l nder the direction of the Code Authority, h e . hall keep all books 

( except books of account) and recor l un ler the Code ancl, x · pt 

a the Code ... uthority shall othenri e provi<l shall collect, file an l 

collate all sta ti. tics and other information required b tne ode 

Authority for the proper admini tration of the Code. 

SECTION 5. The Treasurer shall act as Tr , surer under the de 

and, under the direction of the Code Authority, he shall have enstoday of and have charge of th disposjtion of, all fund · · lle te 1 

under the Code · and he shall k ep proper book of a ount . howino- the collection and disposition thereof. The Trea.-·nrer ·h: 11 furni h a bond ati fc ctory to the Code Authority. 

SECTION 6. The Code Authority shall have pow· r fr n1 im to 

time (a) to appoint and remoYe and to fix the com pen at ion of all 

such other officers and ernplo. ees and ull such accountant., attorneys and experts, as the Cod Authority hall deem nece ar y 

or proper for the purpo e of u lmini tering the ode an l (b ) to 

fix the comr en ation of the Secretary and the Trea urer for their 

services in acting un ler the Code. 

SECTION 7. The expenses of admini tering the Code., ~hall b b rne 

by the ·members of the Inclu try. The o le Auth rity nay from 

time to time make uch a se sments on account of uch ~·p n e 

ao·ain t the memb rs of the Indu. tr a it ·ha.11 deem pror er and 

such a. sessments hall be pa able a th Co le Authority shall pecif . 

The part of ·u h e ·p nse which hall be a e e 1 ao·ain t C'a h 

member of the Indu try hall b ar th am relation t th total 

of uch expens , as the number of Yot · which, pur uant t th provision of th Code, uch member miaht a t at a m etini;-, of the 

members of h Indu try held at th time of an. such a.·.._ .._. m nt 

. hall b ar to th tot, 1 numb r of v t · that might b a th r at 

by all the th n m nlJ r of th In 1n, tr., if all of . u ·h rn mber 

were entitl d to v t at ucl m tino·. 

E TIO_ . If th lmini.~trat r .·h, 11 d t n 1in that any a i n 

of the Code \..uthorit: or any agcnc_ th r of i: unfair )r unjn t r 

·ontrary to h I ubli intere t th Admini trator may r 'qnir that 
63 

such action be su. pended in order to afford to him an opportunity 

for inve tigation of the merits of such action and to the Code 

Authority or such agency an opportunity for further consideratio11: 

thereof. Pending the determination on such investigation or fnrther consideration, such action shall not become effective, unless 

the Administrator shall approve it or unless he shall fail to disapprove it after thirty days notice to him of intention to proceed 

with such action in its original or modified form. 

SECTION 9. The Code Authority shall be de2med to have discharged 

its full duty under the Code with respect to any violation or alleged 

violation of the Code, when the Code Authority shall have exercised 

such powers as are at the time legally conferred upon it in respect 

thereof and: in the event of the inability of the Code Authority 

to obtain compliance with the provisions of the Code, shall have certified the facts available to it with respect to such violation or alleged 

violation to the Administrator or to such other appropriate Governmental authority as he shall designate and ther,eafter shall have 

been ready to render all proper assistance to the Administrator or 

to such other Governmental authority in any lawful proceeding to 

obtain such compliance. 

ARTICLE VII-PRICES AND TERMS OF p A Yl\IENT 

SECTION 1. None of the members of the Industry shall sell or 

contract or offer to sell any product and/ or do or contract or offer 

to do any erection work at a price which shall be le s than the 

reasonable estimated cost to such n1.ember of such product and/ or of 

such erection work, as the case may b2. For the purposes of this 

Article VII such reasonable estimated cost hall be determined in 

accordance with the following provisions. 7 

(a) All estimates of cost in fabricating any product (including 

overhead and general and selling expenses as provided in paragraph ( cl) of thi Section 1 shall be based on the minimum rates 

of pay and the minimum monthly average rates of pay at the time 

in effect under the Code as provided in Section 5 of Article IV and 

in SubdivLion I of Schedule C thereof for the locality in which the 

plant of such member at which such product shall be fabricated is 

located; proYidecl, howeYer, that if such rates shall be less than the 

minimum rates of pay and the minimum monthly average ra.tes of 

pay for the sam•e classes of labor at the time in effect under the 

Code as provided in said Section 5 and in Subcli-vision I of such 

Schedule C for the locality in which uch pro luct is to be delivered 

or erected, then such estimates of co t (including overhead and general and selling expenses as provided in paragraph (cl) of this 

Section 1 shall be based on the minimum rates of pay and the minimum monthly average rates of pay for such cla es of labor at the 

time in effect under the Code as provided in sai l Section 5 and in 

Subclivi ion I of such Schedule C for such latter locality. 

(b) All estimate. of cost or erection work (including overhead 

and general and . ellino- expe1Le a. proYidecl in paragraph ( d) of 

this Section 1) shall be ba eel on the rat of pay for labor to be 

employed on such -work and for th purpose~ of uny uch e timate 

T Amended. See parngrnph ~ (7) of orcler aPpro\"ing thi Code. 
G4 

(1) the mmmrnm ratt" of pa · be 

mplo. · d on . ud1 work ~h.1ll b of 

p:1 , p ·r h ur f r sud1 In l or a 

l r vi l l in "'ection ,- f Arti ·I 

ul her of for th~ 1 ·ality in :rhi h uch w Jrk i to b don or 1n 

th' ·a er ti n ,v rk r tern~ 1 o in S -tion 7 f rticl I f the 

1,. th rat f pay 1 r · ri etl as pr vid cl in 'l.D l ection 7 and 

(2) h minimum aYera<Y' rate f pay p r h tr f r all empl y e 

( :xc p th f ren1 n an l th r ·ident engine r in har ·e f th job 

at the 1 lac, f uch , rk) who hall b mplo d n any job f 

r ction , ork on whi h eio-ht r n1ore empl · e · (in luding foremen) hall b emplo 1 hall be not le s than 15"' per c nt of the 

1ninimu111 rat of pay per hour f r 01nn1 n labor on uch job as 

provi led in the foreg in · clau e (1) of thi paragraph (b) . For 

th purp of any uch tima the av rao- rate of pay p r h ur 

on any uch job of erection work hall be cl terinin d by lividing 

th t tal compen ation which hall be paid to all mploye mplo. • don u h job ( except the foremen and the re icJ ent ngineer in 

charo· of the job at the place of such work) by the total nun1ber 

of hours which shall be worked on such job b;y uch mployees , nd 

shall in no ase be less than the minimum average rate of pay per 

hour hereinbefore in clau e (2) of this paragraph (b) specified. 

( c) The estimated co t of shape , plates and bars hall be the 

re pective published base prices therefor at the re pe tive basing 

points ther for nearest in terms of delivered prices to the place 

where the structure for which such shapes, plates or bar are to be 

u cl is to be erected, plus all published e2i..1;ras thereon and the allrail pnbli hed tariff freight charges thereon from such ba ing point 

to uch place., or if such tructure is to be erected at any uch ba in<Y 

point the published ta.riff switching charges ( if any) which are to 

be added to he ba e prices of such shape , plate or bar at such 

basing point · provided, however, that the Code Authorit shall 

from time to time by regulations copies of which shall be filed with 

the Secretary and mailed to all me1nbers of the Inclu try modify 

the method of computino- such estimated cost in order to conform to, 

any changes which may be made in the methods of selling hape > 

plate and bars by the producers thereof. 

( d) All e tin1ates of ost shall include su h lement of co t a the 

Code uthority shall from time to time pre cribe anJ the allocati n 

of ov rhead and general ancl selling expenses in re I e t ther of hall 

be n uch ba is as shall from time to time b I res -rib d b r the 

Cod Anthori v. 8 

SE TIO~ 2. '\ :'henever any member of the Indu try hall bi 1 or 

aoT to a price for the ale of any product or product and/ r for 

any re ·tion work in an ao-gr o-ate amount of 50 t n or 11 r . u h 

memuer ·hall forthwith mail to th ecreL ry in a ·eal <l n-v I 1 e n. 

clupli ·at opy f it · lowe bicl o-r of the a 0 -r e1 ient containing the 

agr 1 price h ref or r if n h bid or agr 1 p 'i . hall n t in 

writing. , . tat m nt , h wing :ucb bid or agr ~e l 1 ri ancl all term· 

nd condition.· th r f. uch 1 y or tu rncnt ~:ball al: o . ·how the 

. tim, t •cl w igl t of surh proclrn·t or produ · · anrl thr> <ht,~ f .·n('h 

biu or agrc> c·m nt. ~ uch r1wdop .·hall !J ar on i · fa r :i 1 grncl 
65 

showing t!ie location of the structure to which such bid or price relates, the names of the owner or contra -tor for which the \70rk is to 

be done and of the architect or engineer in charge thereof and the 

time at which bids for such work are to be opened, if such time shall 

be known to such member. The Secretary hall retain each such 

envelope confidential and unopened until the contract for such work 

shall have been awarded. Promptly after the definite award of 

such contract the member of the Industry to which such contract 

shall have been awarded shall notify the Secretary thereof and the 

Secr-etary (a) shall open and remove from each such envelope the 

copy or statern.ent of a bid or agreed price for such work therein 

contained and shall thereafter keep such copy or statement on file in 

his office for a period of at least one year; and (b), if a copy or 

statement of more than one bid or agreed price for such work shall 

have been received by hin:i., he shall promptly mail a summary 

thereof to each member of the Industry from which any such copy or 

statement shall have been received by him. 

SECTION 3. If any member of the Industry shall file with the Secretary a written complaint claiming that the price at which any other 

member of the Industry shall have contracted or offered to sell any 

product and/ or to do any erection work is in violation of Section 1 

of this Article VII, the Code Authority may in its discretion in-vestigate such complaint, if it shall determine that the matters com- plained of therein may result or may ha-ve. resulted in unfair competition in the Industry and may tend or may have tended to defeat 

the policy of Title I of the National Industrial Recovery Act. In 

determining whether to investigate such complaint the Code Authority shall consider (a) whether, on the basis of the reports filed 

with the Secretary under the Code, the member of the Industry 

against which such complaint shall have been filed has, since the 

effective date of the Code, contracted for more than its fair share of 

the business of fabricating products used in, and/ or doing erection 

work in, the United States, as compared with other members of the 

Industry; and (b) whether the bid or agreed price of such member 

in respect of which such complaint shall have been filed, as compared 

with the other low bids for the same work, was such as to warrant 

:further investigation. 

Before beginning any inv-e tigation, however, on such complaint 

the Code Authority may in its discretion require the member of the 

Industry filing such complaint to deposit with the Treasurer ecurity 

satisfactory to the Code Authority for the payment of the costs and 

expenses of c::uch investigation. For the purpo e of such investigation the Code Authority shall have power to require the member of 

the Industry against which ·uch complaint shall have been filed to 

furnish such information concerning the estimated cost to uch member of such product and/ or of such erection work as the Code 

Authority shall deem nece sary or proper for uch purpo ·e. Upon 

such in, ti 0 ·ation the Code Authority . hall give ·uch member an 

opportunity to be heard and to present evidence with a view of justifying uch price and the Co(le Authority . hall als give to any other 

meml er of the Industry which hall have filer1 a complaint in respect 

of ·uch price or "hich ·hall be interw-- ted therein an opportunit. to 

be hearcl und to pr ·ent evi lence material to such complaint. If the 
GG 

C0t1 • 11tl10ril ,. afl<'r .·ud1 inY . tihation . hall le 

pri ·t· ,, ,1--. k ... than tht r . c1,011,1bk <'. timat cl .t t th m mb r f 

the n !w-try n(Ta in:-, which . uch · m1 laint w, · fil l .·u ·h l rodu · 

awl or ::-; u<'h n •dion w rk an 1 th r ,for , tha t.h makin<Y f . uch 

pric con.·tit11tcd a ,·i lation of tl 1 roY1. 10n. f th le. tl ' ' d 

.. utlwrity ~hall · rtify th facts in rc.-pe there f to th dmini. tratc r; and (- if ~·u ·h n cmb r f th In lu. tr~ .-hall al. o be , m mb r 

f the cl , th od uth rit 1 hall hav power to requir . uch 

n mber to l a to th Tr a urer a an in lividual and not a tr a. ur r 

f th In ·titut , in tru t a and for liquidat cl clamarr s f r uch 

Yiloati n. ·u h ·um a the o 1 uthori y hall fix but in any a c 

n t ex lino- t°\Yi e th cliff rence betwe n such price and ·uch r anabl tima ted c ~t as <let rmin 1 b th o 1 uth rity. t aether 

ith th co~t and xpen. of uch inve -ti ation. If after such 

inve tigation th Co le Auth rity hall determine that uch 111 mber 

of the Ind ustrv wa not guilt of a violation of the od the co. ts 

an 1 expense of uch inve tio·ation hall b paid by the member 0£ the 

Indu tr) which hall have mad uch omplaint. The clet rmination of the Code Authority upon uch complaint shall b file 1 with 

the ecretar, and he ·hall ·iv written notice ther of to all 111 mber 

of th Indu try aff cted thereby. uch notice havino- been o-iven 

uch m mber r members hall forthwith pay to the Tr a urer as an 

in lividual a. afore aid th ·um or sum · if any requir d to be 

pai 1 by ..;u h member or members pur uant to u h <let rmination. 

SuLject a. hereinafter in Section 6 of Article XI provid the 

1 termination of the Code Authority upon any complaint filed 

uncl r thi · Section 3 shall be final and conclu ive upon all members 

of the ode. 1

ECTIOX 4. Pur~uant to the provision of ection 3 of rticle 

YI of the Code the Code uthority may d le ate to any committee 

which the Code Authority may de ignate any or all of the powers 

and luti . of the ode Authority und r the foregoing ection 3 • 

provide L ho\\eYer that anything in the Cod to the contrary notwithstan lin ·, if any memb r of the Inclustr. whi h hall b 

ao·grieYecl by th lecision of anv ·uch committe hall within fifteen 

day. after such de i ion hall hav been filed with tl ecr tar~ 

fil ~ with the ecretary an appeal from uch lecision th ode 

Authority hall, a oon a practicabl aft r the filing of such appeal 

antl in an ca within three months thereafter review such le i ion 

in ·uch n ann r, an l take uch action in re pect thereof a th od 

nthority hall de m prop r. The determination of the Code 

Authority upon any uch ar p al hall be fil d with the e r tar 

an(l he hall giY prompt n tice thereof to the member or 111 mber 

f the In lu tr: aft' cted ther by. ~ E TI N 5. The . tan lar l terms of pa 111 nt hall be a e 

in 1 ·h <lul E ann x cl h er to · r r vi l cl 1 ow v r hat th 

uthority hall hav pow r from tim to time to hano- . uch 

standar l t rm of pa ·m nt b. r eo·ulati n. a 01. • f whi h hall be 

filC'fl with the cretary and mail d t a h 11 rnb r of th In lu try. 

one of he n mber · f tl r Indu. trv . hall allmv mor liberal t rms 

of p~ ym nt than tho. , at th bml"' 1n :ff ct unc.1 r uch ' ·hedule E 

or such r o-ulations, a th ·ase may be. 
67 

SECTION 6. For all purposes of the Code a delivery of any product 

made and/ or any erection work done pursuant to any contract 

therefor shall be regarded as a sale made and/ or erection work done 

at the time of the rn.aking of such contract. If any member of the 

Industry shall sell any product to any affiliated company of such 

1nember and such affiliated company shall r esell such product, the 

resale of such product by such affiliated company and any erection 

work thereon which sh:111 be done by such affiliated company shall 

for all purposes of the Code be deemed to be a sale of such product 

made, and/ or erection work thereon done, by such member of the 

Industry and such member of the Industry shall caus·e such affiliated 

company to conform to the provisions of the Code in making such 

resale and/ or doing such erection work to the same extent as if such 

affiliated company were a member of tho Industry. Anything in 

the Code to the contrary notwithstanding, none of the provisions 

of the foregoing sections of this Article VII shall apply to the sale 

of any product by any member of the Industry to any affiliateJ 

company of uch meniber, or to any erection work done by any 

member of the Industry on a structure which shall be erected for 

the use of an affiliated company of such member. 

SECTION 7. Nothing in the Code contained shall be deemed to apply 

to or affect the sale of any product for direct shipment in export 

trade by any member of the Industry within the meaning of the 

term " export trade " as used in the Export Trade Act, or unless and 

to the extent that the Code Authority shall otherwi_se determine, the 

sale of any product by any such member for direct shipment to the 

Philippines or Puerto Rico or other insular possession of the United 

States of America, except the Territory of H awaii, or any erection 

work on an_ 7 such product. SECTION 8. If and to the extent requested by the Administrator, all 

decjsions of, approvals given by, and rules and regulations prescribed 

by, the Code Authority pursuant to any provision of this Article VII 

shall be reported to him. 

SECTION 9. In subletting to any member of the Construction Industry any incidental erection work ( as the term "incidental erection 

work" is defined in Section 5 of Article I of the Cod,e) me1nbers of 

the Industry shall comply -with the provisions of Schedule G of the 

Code. 

AnTICLE VIII-U NJ<'Am PnACTICES 

For all purposes of the Code the act described in Schedule F 

annexed hereto shall con titute unfair practices. Such unfair practices and all other practices which shall be cl€clared to be unfair 

practices by any amendment that shall lawfully be made to the Code 

and shall at the time be in effect shall be deemed to be unfair methods 

of competition in commerce within the meaning of the Federal Trade 

Commi sion Act as amended, and the u ing or .employing of any of 

them shall be leemed to be a violation of the Code, and any member 

of the Indu try which hall directly, or indirectly through any 

officer, employee, agent or repre entative, knowingly u e or employ 

any of such unfair practice shall be guilty of a violation of the Code. I f at any time the Code Authority hall have rea on to believe that 

any member of th 0 Indu try is using or emplo ing any practice or 
rnd ict'. · wh if'h tlw ()(1e .. \uthc rit_ 1 .-ha1l ckem contrary to the poli y 

of l'ill <,f tlw ~n ionnl In lustrial l ec n:·ry ·t whether or n t 

any Hlt'h prndic:l' i t1 . crib d n, an unfair pra -tic.: in ·u h h c1nl 

11, tlw ode ... uthority ::;hall haY power to inY ·tin-at uch pra tic 

or pradic ~ to th xt nt p rmitt c.l b. th T ati nal In lu trial R -

coY •r. · ,L\ct nn l to make n ·h r 1 ort ther on arnl u h r · mm n<lati 1 in r et,;p ct th r of to the member.· of th Inclu tr · a.· th o 1 

..,; uthorjty ::;hall k"m n ce s ry r proper in or<l •r to ffectuate he 

p li , f u h Titl I. 

\.RTI 'LE l..i: -REPORT AND TATI TI 

E 'TION 1. a h member of the In lu try hall, n the 

eighth day of ca h month, fil with the e r tar a r p rt or rer rt , 

ubstantially in u h form as hall hav b en appr v d by h od 

uthority, c nt, inino- th information sp cified in tion 1 of 

che lule D ann x d hereto which shall relate to the bu ine of 

u ·h member. 

E TION 2. On or before the 15th day of uch month th Secretary 

shall au. e to be mailed to each member of the Indu try a report or 

report containing the information p ified in Se tion 2 of Schedule 

D annexed hereto. If the Administrator shall o r que t, a copy of 

each uch rep rt hall al o be sent to him. 

~ECTION 3. ,i\Tithin 30 lays after the effe tive date of the ode 

( or in the ca of any member of the Indu tr which hall become 

u h member after the approvp1 of the Code by the Pre i l nt, 

"ithin 30 day after it hall have be ome such member) each member of the Inclu try hall file with the Secretary a r port de cribing 

in reasonal le detail the co t accountinO' sy tern empl ye<l by u h 

m mber. The Code Authority shall, a 0011 a I racticable after 

the fl.lino- of u h report with the Secretary, cau e uch report o be 

examined by an a ountant or accountant designated by the le 

Authority and hall recommend to the re pecti-ve member of the 

Inclu try uch chano-e in their cost accounting -tem a the ode 

Authorit hall deem ne ·e. ary or aclvi able to effectuate th purpo. ·e of the oc.1 . At the request of an member o:f the Indu try 

the ode Authority hall furni-·h uch member with uch information and/ or a ·. i tance as the Co le Authorit ma de m nece ary or 

prop r in or l r to enabl .-uch member to make u h r port or to 

put into effect any recommendation f the Co 1e uthorit in 

r p '"-t to th o.t ac ountino· sy t m of u h memb r. 

' E 'TIO:N" 4. A.- .-oon a pra ti able aft r the ffectiv late of the 1

ocl th Code uthority .-hall cau e to be pr pare 1 an 1 filed , ith 

the 1ccretary a tanclar l form of pro1 o. al and a , tan lard form of 

ontra ·t for th u. c of th m mber of th Indu tr_r in bi<lding or 

·ontracting fir the . ale of any proclu t an 1/ or for an r ti n 

work. From and after th (lat . on whicl .-n ·h . tandanl form hall 

be ar I roy c1 by th e ode uthority arnl filed with th ecr tary 

and noti ce of the filing ther of ·hall b giY n to th m mb r of th 

Industry, adi m mbPr of h lnc1u.try .-hall when v r po ibl u · 

nch formf,, in bi cl<hng or c-ontra ting for th s< l f a1 y pr du t 

ancl/ or for aJl, 'I' cticm work. A ·opy of .-u h standard form of 

propc1. al and a ·01 y of suC"h stan larcl form of contract when pr -

p an-'d shall I r-- nt to the Admini.-trator. 
69 

SECTION 5. Any or all information furnished to the Secretary by 

any member of the Industry and any or all information furnished 

to the Code Authority by any such member in connection with any 

investigation by the Code Authority under any provision of the Code, 

shall be subject to checking for the purpose of verification by an 

examination of the books and accounts and records of such member 

by any accountant or accountants or other person or persons designated by the Code Authority and approved by such member and 

shall be so checked for such purpose, if the Code Authority shall 

require it. The cost of each such examination shall be treated as 

an expense of administering the Code, or a part of the costs and 

expenses of such in--r-estigation, as the case may be; provided, however, that if upon such examination any such information shall be 

shown to have been wilfully misrepresented in any material respect-1 

such cost shall be paid by the member of the Code which furnished 

such information. 

SECTION 6. Within 15 days after the effective date of the Code, 

( or, in the case of any member of the Industry which shall become 

such member after the approval of the Code by the President, within 

30 days after it shall have become such member), each member of 

the Industry shall report to the Secretary, on forms to be provided 

by him for the purpose, the aggregate amount in tons of the products 

:fabricated by such member and delivered by it for use in the United 

States and the aggregate amount in tons of the products the erection 

work on which was done by such member in the United States during 

each of the four calendar years 1928 to 1931, inclusive. In making 

such report work sublet by such member shall not be reported by it 

but shall be reported by any member of the Industry to which such 

work was sublet. As soon as practicable after receiving such reports, 

the Secretary shall compile and mail to each member of the Industry 

a statement showing the respective average annual amounts in tons 

of the products :fabricated by each member of the Industry and delivered by it for use in the United States and of the products the 

erection work on which was done by each member of the Industry 

in the United States during said four calendar years, 11hich amounts 

shall reflect any adjustments made by the Code Authority pursuant 

to the provisions of Section 4 of Article III of the Code. A copy 

of such statement shall also be sent to the Administrator. 

SECTION 7. The Code Authority may in its discretion dispen e 

with the requirement of any report or reports specified in Schedule 

D annexed hereto, if it shall determine that such report or reports 

are unnecessary. 

SECTION 8. Except as otherwise provided in the Code, the Secretary shall keep confidential all individual reports of members of 

the Industry made under Section 1 of this Article IX. 

SECTION 9. In addition to the reports hereinbe:fore in' this Article 

IX referred to, the Code Authority shall have power from time to 

time to require each member of the Industry to furnish to the Secretary for the use of the Code Authority such statistical information concerning the production? shipments, sales and unfilled orders 

of such member and relating to com~liance by such member with 

the provisions of Article IV of the Code as the Administrator or 

the Code Authority shall deem necessary in order to effectuate the 

purpose of the Code and the policy of Title I of the National Indus-
70 

trial Rcco cry ct. pon reque t all such information shall also 

be made aYailabl to th dmini trat r. Such inf rmation shall 

not b publi h d xc pt in uch f rm a will not disclo e eparately 

any information furni h d by individual members of the Industry. 

ARTI LE X-LIQUIDATED DAl\LiGES 

SECTION 1. Any violation of any provi ion of the Code by any 

member thereof shall constitute a Yiolation of the Code by such 

member. 

SECTION 2. Except in cases for which liquidated damages are provided in the Code and in cases which shall ~i ve rise to actions in 

tort in favor of one or more members of the vode for damages suffered by it or them, the members of the Code upon the recommendation of the Code Authority shall have power from time to time, by 

vote of members of the Code having the right to cast at lea t 

two-thirds of the votes that n1ight be cast at a meeting of the members of the Code, if all the members of the Code were present thereat, 

to establish the amount of liquidated damages payable by any member of the Code upon the commission by such member of any act 

constituting an unfair practice under the Code and a list of the 

amounts so established shall from time to time be filed with the 

Secretary. Upon the commission by any member of the Code of 

any act constituting an unfair practice under the Code and for 

which liquidated damages are not provided in the Code or which 

does not give rise to an action in tort in favor of one or more members of the Code for damages suffered by it or them, such member 

shall become liable to pay to the Treasurer as an individual and not 

as treasurer of the Institute, in trust, liquidated damages in the 

amount at the time so established by members of the Code for such 

unfair practice and specified in the list then on file with the 

Secretary as aforesaid. 

SECTION 3. All amounts paid to or collected by the Treasurer for 

liquidated damages under this Article X or under any provi ion of 

Article IV or of Article VII of the Code shall be held and disposed 

of by him as part of the funds collected under the Code and each 

member of the Code not guilty of the unfair practice in respect of 

which any such amount shall have been paid or collected shall be 

credited with its pro rata share of such amount on account of any 

and all assessments ( other than damages for violation of any provision of the Code) due or to become due from such member under the 

Code, or in the case of any excess, as shall be determined by the Code 

Authority, such pro rata share to be computed on the same basis 

as the last previous as essment made a$ainst such member on account 

of the expenses of administering the liode as hereinbefore in Section 

7 of Article VI provided. All rights of any person who shall at any 

time be the Treasurer in respect of any amounts which shall be payable to him because of the co1nn1ission by any member of the Code of 

any act constituting an unfair practice under the Code, whether payable under the provisions of this Article X or under any other provision of the Code, shall pass to and become vested in his successor in 

office upon the appointment of such successor. 

SECTION 4. Each member of the Code by becoming such member 

agrees with every other member thereof that the Code constitutes a 
71 

valid and bindin<Y contract by and a~ong all !Ile~b~rs ?f the Code 

and that in addition to all penalties and liabilities imposed by 

statute a~y violation of any provision of the Code by any member 

thereof shall constitute a breach of such contract and shall subject 

the member guilty of such violation to liability for liquidated damages pursuant to the provisions of the Code. Each member of the 

Code by becomino- such member thereby assigns, transfers and delivers 

to the Treasurer ~s an individual and not as treasurer of the Institute, 

in trust all rights and causes of action whatsoever which shall thereafter a~crue to such member under the Code for such liquidated 

damages by reason of any violation of the, Code by any other member 

thereof, and thereby designates and appoints the Treasurer as such 

individual the true and lawful attorney-in-fact of such member to 

demand, sue for, collect and receipt for any and all amounts which 

shall be owing to such me1nber in respect of any such right or cause 

of action, and to compromise, settle, satisfy and discharge any such 

right or cause of action, all in the name of such member or in the 

name of the Treasurer individually, as he shall elect. 

SECTION 5. Anything in the Code to the contrary notwithstanding, 

the Code Authority by the affirmative vote of two-thirds of the whole 

Code Authority may waive all or any part of any liability for liquidated damages imposed by or pursuant to any provision of the Code 

for any violation of any provision thereof, if in its discretion it 

shall decide that such violation was innocently made and/or that the 

collection of such damages will not to any material extent tend to 

effectuate the policy of Title I of the National Industrial Recovery 

Act. 

ARTICLE XI-GENERAL PROVISIONS 

SECTION 1. Any notice, demand or request required or permitted 

to be given to or made upon any member of the Industry shall be 

sufficiently given or made if mailed postage prepaid addressed to 

such member at the address of such member on file with the Secretary. A waiver in writing signed by any member of the Industry 

of any such notice, demand or request and delivered to the Secretary 

shall be deemed to be the equivalent of a notice, demand or request 

duly given or made, whether or not such waiver was signed and 

delivered before the time when such notice, demand or request was 

required or permitted to be given or made. 

SECTION 2. Nothing contained in the Code shall be deemed to constitute the members of the Code partners for any purpose. None of 

the members of the Code shall be liable in any manner to anyone for 

any act of any other member o:f the Code or for any act of the Code 

Authority, the Treasurer or the Secretary, or any committee, officer 

or employee appointed under the Code. None of the members of 

the Code Authority or of any committee appointed under the Code, 

nor the Treasurer, nor the Secretary, nor any officer or employee 

appointed under the Code, shall be liable to anyone :for any action 

or omission to act under the Code, except for his wil:ful mis:feasance 

or nonfeasance. Nothing contained in the Code shall be deemed to 

confer upon anyone other than a member of the Code any right, 

claim or demand whatsoever for the enforcement of any contractual 

obligation under the Code against any member of the Code or against 
72 

an m mber of the o l Auth rit or of any committee appointed 

un l r the od or a 0·ain t th Tr usurer or the e retary or any 

ffi r r rnployee app inted und r the od . ,en • 3. oon a members of the Industry whi h w uld, if 

th n m mber of the ocl , have the right to ca t at 1 a t two-thirds 

f all the -votes that mio-ht b ca t at a meeting f th m mbers of 

the de if all m mber of th Indu try were th n n1emb rs of the 

ode and pre ent at u h me ting shall sign an deliv r to the 

ecr tarv 1 tters ub tantially in the form et forth in chedule A 

ann x d hereto the Board of Directors of the Institute hall submit 

the ode to the Pre ident pursuant to the pro i ions of Title I of 

the T ational Industrial Recovery ct and, upon the approval of the 

Code by the President pursuant to the provisions of such Title I, it 

shall constitute a binding contract by and among the memb rs of the 

Code and the provisions thereof shall become effecti e and shall ba 

the standards of fair competition for the Industry on and after the 

eleT"enth day .after the day on which it shall have been so approved; 

subject, however, to amendment or termination as hereinafter in 

Article XII provided and subject also to the provisions of ection 7 

of this Article XI. 

SECTIO 4. To the extent required or made possible by or under 

the provi ions of Title I of the National Industrial Reem ery Act 

the provisions of the Code (including, but without limitation or 

restriction or any provision of this Section 4, all of the pro isions 

of Article IV of the Code) shall apply to and be binding upon every 

member of the Industry, whether or not such member shall be a 

member of the Code. 

SECTION 5. Except to the extent that other specifications shall be 

prescribed by the purchaser, owner or contractor, each member of 

the Industry shall conform to the Code of Standard Practice and 

Standard Specifications of the Institute in the fabrication of any 

pro luct and/ or any erection work thereon by such member. 

SECTION 6. Subject to the provisions of Section 8 of Article VI 

of the Code, the Code Authority hall have power from time to time 

to interpret and construe the provisions of the Code, including but 

without any limitation upon the foregoing, the power to determine 

what are products and what operations are included in the Industry 

within the meaning of those terms as they are used in the Code. 

Anything in the Code to the contrary notwithstanding, the members 

of the Code may, at any meeting of such members by vote of such 

members having the right to cast at such meeting at least two-thirds 

of all the votes that mio-ht be cast at such meetino-, if all the member f the Code were present thereat, rescind or modify any interpretation on tru ti n, action d cision, rule or r gulat10n made or 

tak n by the ode nth rity. Prompt notice of any action of the 

od uthority or of the members of the Cod under the provi ions 

of this ection 6 hall be giv n to the dmini trator. The dministrator may s 1spend an<l/ or di ~pprovc any action taken by the memb rs of th od und r th provision of this ction 6 in the same 

mann r and with the me ffect as i provid d in S tion 8 of 

rticl VI of th Co 1 in th case of action taken by the Code 

Authority. 'TI _ 7. Pur ·uant t ub cction (b) of tion 10 of the National Industrial Recovery ct, the Pre ident may from time to time 
73 

cancel or modify any order, approval, license, rule or regulation 

issued under Title I of said Act. 

SECTION 8. The Secretary shall cause a copy of the Code as a pp roved by the President to be mailed to each member of the Industry 

known to the Institute within five days after the approval of the 

Code by the President. Within 45 days after the effective date of the 

Code each member of the Code shall make application to the Code 

Authority for official copies of the provisions of the Code relating 

to hours of labor, rates of/ay and other conditions of employment 

an~~ upon being furnishe with such official copies: such member 

shall post, and thereafter maintain, such copies 1n conspicuous 

places accessible to its employees. 

ARTICLE XII-Al\IENDMENTS-TERl\fIN ATION 

SECTION 1. The Code may be amended at any time in the manner 

hereinafter in this Section 1 provided. Subject as provided in Section 5 of Article VII hereof, the changing of any schedule hereto 

or the addition hereto of any new schedule shall constitute an 

amendment of the Code. Amendments may be proposed by the 

Code Authority by vote of the majority of the members there.of 

at the time in office and entitled to vote or by members of the 

Industry having the right to cast at least 50 % of all the votes that 

might be cast at a meeting of the members of the Industry if all 

such members of the Industry entitled to vote were present thereat. 

Each amendment so proposed shall be submitted to a meeting of the 

members of the Industry which shall be called for such purpose upon 

notice given in accordance with the provisions of Section 3 of Article 

III and Section 1 of Article XI of the Code. If at such meeting 

members of the Industry having the right to cast at lea t two-thirds 

of all the votes that might be cast at such meeting, if all members 

of the Industry entitled t-0 vote were present thereat, shall vote in 

favor of the adoption of such amendment, such amendment shall be 

submitted by the Code Authority to the President for approval, if 

approval there.of by him shall then be required by law. Every such 

amendment shall take effect as a part of the Code upon the adoption 

thereof by the members of the Industry as above provided and the 

approval thereof by the President, if approval thereof by him shall 

be required as aforesaid, or upon the effective date specified in such 

amendment or in such appproval, if an effective date shall be specified therein. 

SECTION 2. The Code may be terminated at any time either by 

action of the President as hereinbefore provided or by the same 

vote of members of the Industry as is above provided for the amendment thereof. When so terminated all obligations and all liabilities 

under the Code shall cease, except those for unpaid assessments 

theretofore made in accordance with the provisions of the Code and 

those that shall have accrued under any provision of the Code prior 

to the formination thereof. 0 

Approved Code No. 480. 

Registry No. 1135-22. 

8 Deleted. See paragraph 2 (0) of order approving this Code. 
SCHEDULE A 

FORM OF LETTER OF ASSENT TO Till!J Coom 

, 19 . 

To the SWRETAR.Y OF AMERIO.AN INSTITUTJ!l OF STEEL CoNSTRUOTION' !NO., 

200 Madison A.venue, New York, N.Y. 

DEAR Sm: Tbe undersigned, desiring to become a member of the Code of 

Fair Competition of the Structural Steel and Iron Fabricating Industry, a copy 

of which is annexed hereto marked Annex A, hereby assents to all of the 

provisions of said Code (hereinafter referred to as the Code), and, effective 

as of the date on which the Oode shall have been approved by the President 

of the United States of America as therein provided, or as of the date on which 

this letter shall have been delivered, if delivery thereof shall have been made 

subsequent to the date on which the Code shall have been approved by said 

President as aforesaid, by the signing and delivery of this letter becomes a 

member of the Code and effective as aforesaid hereby agrees with every person, 

firm, association and corporation who shall then be or thereafter become a 

member of the Code that the Code shall constitute a valid and binding contract 

between the undersigned and all such other members. 

Effective as aforesaid pursuant to Section 4 of Article X of said Code, the 

undersigned (a) hereby assigns, transfers and delivers to the Treasurer under 

the Code, as an individual and not as treasurer of American Institute of Steel 

Construction, Inc., in trust, all rights and causes of action whatsoever hereafter 

accruing to the undersigned under the Code for liquidated damages by reason 

of any violation thereof by anyone, and (b) hereby designates and appoints 

said Treasurer as such individual the true and lawful attorney-in-fact of the 

undersigned, to demand, sue for, collect and receipt for any and all amounts 

which shall be owing to the undersigned in respect of any such right or cause 

of action, and to compromise, settle, satisfy and discharge any such right or 

cause of action, all in the name of the undersigned or in the name of said 

Treasurer, as said Treasurer shall elect. 

For all purposes of Section 1 of Article XI of the Code the address of the 

undersigned, until it shall file with the Secretary of American Institute of Steel 

Construction, Inc., written notice of a change of such address, shall be as set 

forth at the foot of this letter. 

Very truly yours, 

Address: ------ (74) 
SCHEDULE B 

DESCRIPTION OF DIS'IfilITTS 

For the purposes of the Code the seven districts hereinafter de~cribed are 

established: 

District No. 1 comprising the States of Maine, New Hampshire, Vermont, 

Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware 

and Maryland and the District of Columbia, and that portion of the State of 

Pennsylvania east of a line drawn north and south through said State and 

touching the eastern boundary of the City of Altoona. 

District No. 2 comprising the States of Ohio and West Virginia and the lower 

peninsula of the State of Michigan; that portion of the State of Pennsylvania 

west of a line drawn north and south through said State and touching the 

eastern boundary of the City of Altoona; and those portions of the States of 

Indiana and Kentucky east of a line drawn north and south through said States 

and touching the eastern boundary of the City of Indianapolis. 

District No. 3 comprising the States of Virginia, North Carolina, South 

Carolina, Georgia, Florida, Alabama, Mississippi and Tennessee, and that portion of the State of Louisiana east of a line drawn north and south through 

said State 25 miles west of the western boundary of the City of New Orleans. 

District No. 4 comprising tbe States of Montana, North Dakota, South 

Dakota, Minnesota, Wisconsin, Iowa and Illinois and the upper peninsula of the 

State of Michigan; that portion of the State of Missouri east of a line drawn 

north and south through said State touching the eastern boundary of the City 

of Boonville; and those portions of the States of Indiana and Kentucky west of 

the aforesaid line drawn north and south thPOugh said States touching the 

eastern boundary of the City of Indianapolis. 

District No. 5 comprising the States of Wyoming, Utah, Colorado, Nebraska 

and Kansas and that portion of the State of Missouri west of the aforesaid line 

drawn north and south through said State touching the eastern boundary of 

the City of Boonville. 

District No. 6 comprising the States of Arkansas, New Mexico, Oklahoma 

and Texas and that portion of the State of Louisiana west of the aforesaid line 

drawn north and south through said State 2·5 miles west of the western 

boundary of the City of New Orleans. 

District No. 7 comprising the States of Washington, Oregon, Idaho, California, Nevada, and Arizona and the Territory of Hawaii, the Territory of 

Alaska and the Canal Zone. 

(75) 
.. SCHED LE 0 

MINIMUM RATES CXB' PAY 

I. MINIMUM RATES OF PAY FOR COMMON LABOR :tN PLA.NT8 

The minimum rates of pay per hour hereinafter in this Subdivision I of tbis 

Schedule O specified for the cities of New York, Chicago and Pittsburgh hall 

apply to all plants located within a radius of 30 miles from the re pective City 

}Ialls of such cities and the minimum rates of pay per hour hereinafter in this 

Subdivision I of this Schedule C specified for any other city shall apply to all 

plants located within a radius of 20 miles from the City Hall of such city. 

District No. 1 Minimum rate 

of puy per hour 

Locality for common l11bor 

New York, N.Y._________________________________________ 40¢ 

Buffalo, .Y., Rochester, N.Y., Syracuse, N.Y., Albany, r .Y., 

tica, N.Y., and all localities in the ew England States__ 3 ¢ All other localities in District o. !______________________ 35¢ 

District No. f 

Pittsburgh, Pa., Youngstown, 0., Cleveland, 0., Akron, 0., 

Detroit, Mich., and Wheeling, '\V.Va_____________________ 40¢ 

Toledo, 0., Canton, 0., Dayton, 0., l\1assillon, 0., Flint, Mich., and Lansing, Mich____________________________________ 37¢ 

All other localities in District No. 2_______________________ 35¢ 

District "Ji o. 3 

All localities in Di trict No. 3___________________________ 30¢ 

District No. 4 

Chicago, IlL_____________________________________________ 40¢ 

:Milwaukee, Wis., Minneapolis, Minn., St. Paul, Minn., and 

St. Louis, ~lo______ __________ __________________________ 37¢ 

All other localities in District No. 4_______________________ 35¢ 

District No. 5 

Kan as City, 1\10., and Denver, Colo______________________ 37¢ 

All other localities in District No. 5______________________ 35¢ 

District No. 6 

All localities in the State of Texas_______________________ 30¢ 

All other localities in District No. 6_______________________ 33¢ 

District o. 1 

Seattle, Wash____________________________________________ 38¢ 

San Franci co, aL____________________________________ 37¢ 

Territory of Ha waiL_____________________________________ 30¢ 

All other localities in District 1 0. 7 ______________________ 35¢ 

II. MINIMUM llATES OF PAY FOR COMMON LABOR I ERECTION WORK 

The minimum rates of pay per hour hereinafter in this ubdivi ion II of this 

Schedule C specified for any city hall apply to all rection -work within the 

city limits of uch city; provided, howev r, tbat the provi ions of this Subdivision II shall not be con trued as e tablisbing minimum rates of pay for other 

than common labor. 

(76) 
77 

District No. 1 :Minimum rates ot 

pa)' per hour fo r Locality common labor 

New York, N.Y____________________________________________ 75¢ 

Ne"·ark, N.J., J ersey City, N.J., Wa hington, D.C., and all 

1 calities on Long Island, N.Y., (outside of the City of .J. ew 

York) and in Westchester County, .Y____________________ 65¢ 

Bo ton, l\Iass., Springfield, Mass., Worce~ter. Ma · .. Hartford, 

Conn., New Haven, Conn., Albany, N.Y., Buffalo, N.Y., 

Rochester, K.Y., Syracuse, N.Y., Utica, N.Y., Philadelph,ia, 

Pa., and Baltimore, l\Id__________________________________ 55¢ 

All other localities in District No. L_______________________ 50¢ 

D i.strict No. B 

Cleveland, 0., Pittsburgh, Pa., and Wheeling, W.Va __________ 60¢ 

Detroit, l\Iich., incinnati, 0., and Columbus, Q ____________ 55¢ 

Charleston, W. Va ___________ ------------------------------- 45¢ 

All localitie in the State of West Virginia outside of Charles- ton and Wheeling________________________________________ 40¢ 

All other localities in Di trict No. 2------------------------ 50¢ 

District No. 3 

All localities in District No. 3_____________________________ 40¢ 

D ist1·ict No. 4 

Chicago, Ill., and St. Louis, M:o__________________________ 60¢ 

All localities in the States of Wisconsin and Illinois outside 

of Chicago, and all localities in those parts of the States of 

Indiana and Kentucky included in District No. 4__________ 50¢ 

All other localities in District No. 4________________________ 45¢ 

D istrict No. 5 

Kansas City, M:o., and Denver, Colo_____________________ 55¢ 

All other localities in District No. 5________________________ 45¢ 

D istrict No. 6 

All localities in District No. 6------------------------------ 40¢ 

Di~triot No. "I 

Oakland, Cal., and San Francisco, CaL__________________ 60¢ 

Seattle, Wash., Los Angeles, Cal., and Portland, Ore________ 55¢ 

All other localities in District No. 7 ________________________ 145¢ 

1 Subdivision I deleted and substitution inserted. See paragraph 2 (10) of order 

approving this Code. 
S IIE LE D 

0:NCER:NL"O REPORTS ~ND TATI. TICS 

ECTION 1. Th m nthly r ports rcquir d to be fil d with the crctary by 

m rub r f the Indu try hall in ·lude th f Bowing information: 

(a) n Indi¥i<lual ntra t R p rt bowing s parately a b c ntrnct for the 

sale f any pr duct or pr ducts and/or the recti n work th r n in nn am unt 

exc dino- _ - ton in the aggreo-ate taken during the pr c diug cal ndar month, 

with a brief cl cription and the location f th j b, the owner's name, the 

a~hit ct' or n ine r' name, th w ight, the elling pric , all itcmiz cl a per 

the bid, includino- material and work outside the Industry, and al o th p cifi d delivery dates. Th wei 0 hts ball be totaled f r uch calendar month and 

to date for the current calendar year. This report shall be diYided ace rcling to 

th 1i trict (a de rib d 1n cb dule B to the de) in which the j nbs are 

Iocat , and sub-totals ball be given of the tonnao-e old in ach or the li tri t 

for u ·h cal n<lar month and to date for the curr nt calendar year. "'b n the 

w ight of a job sold is uncertain an approximate weight shall be given and 

n te<l a a ppr ximate, and a upplemental r eport , hall be filed giving 1 he 

correct weight a soon a the inf rmation hall be a,ailabl . otrads for 

23 ton. or le.. ball be lump l under ach of the di trict a. " :i\Ii c llaneou 

ntracts ", O'h-ino- th total \Yei<tht nly; but the ode Authority may in its 

di er tion, require a r D rt on any , uch contract detailed a above et f rth. 

( b) An IndiYidual Production Re11ort howing the tonnage fabricat d for 

delin'ry into each of the di trict uuring the preceuing calendar month and 

to dat for the current alen<lar year. 

( ·) An IndiYitlual 'hiprnent Report b owing the tonnage hipp cl int each 

of the di~tri ts during the preceding calendar month and to date for the current 

cal nclar year. 

( d) An Indiviclual Sb p Schedule howino- the tonnage scheduled for fabricati n in ach of the uccee<ling calendar months for delivery into each of the 

di ·trict . ( <>) An In<liYiclual Erection Report showina the t nnage products the er ction 

\York n which wa. d n in each of the di trict during the preceding calendar 

month and to date for the current calendar rear. 

(f) An IncliYi<lual Propo al R port bowing eparately for each bid for the 

delirnry of, and/or erecti n work on, more than 23 tons of any pr du t r 

products made eluting the prec cling calendar month, the name and lo ation f 

th j u, the own r' name, the architect'' or engin er's name and the timute<l 

w io-ht of uch product or produ ·t. . (g) A Labor Report in uch form and containing uch inf rmation in re pect 

of number of employe s, hours f labor and rat of pay as hall be required 

by the 'or1e Authority t effectuate the pu111O e f th d . 

'ECTIO. 2. Th monthly r ports to be mailed to memb2r of the Indu try by 

the , ecr tary . ha 11 in ·lncle tbe foll wing: 

(n) A on ol;datec1 R0port ho-wino- the total tonnage old for each of the 

d: tri ·t <1urin th preceding calendar month and for the current alendar 

rear t date with total for tlle 'nitcd tatc . . (h) A on. lidate<l Production R port ho,,..ing th total tonnage fn ricat d 

for dl'li,cry into each of the district during tbe preceding cal ndar month 

and for the ·urr nt calendar year to date. 

(c) A ' n olidat cl .. h ipm nt R port h win"' the total tonna"'e hipped 

intc •a<'h f th cl; . tri ·t:-; clurino- the pr uing alendar month and for the 

curr nt calen lar year to clat . ( cl) A on. Ii lated "hop • h 1nle . howin~ the total tonnag ~ h clu! d f r , fo IJri c1 t ion in a ·h of th ·uccectling calendar month for d livery into each , of tlle ubtril.:t:5. (7) 
79 

(e) A Consolidated' Erection Report showing the total tonnage of products 

the erection work on which shall have been done in each district during the 

preceding calendar month and for the current calendar year to date. 

(f) A Report showing the total tonnage sold during the preceding calendar 

month and for the current calendar year to date by each member of the Industry and showing in such form as the Code Authority shall approve the amounts 

thereof sold for future delivery. . ( g) Each of the r eports herein before in paragraphs (a) to ( e) inclusive of 

this Section 2 provided for shall also show by current a nd cumula tive percencentages how each of the districts compares with the United States as a 

whole. 
S IIED LEE 

Tbe following ball be the standard t nns of paym nt for prOducts and/or 

er ction work: 

1. 11 paym nts shall be made in fund current at par in the lty or town 1n 

which tb member of the Iodu try selling the product and/or doing the 

r li u work i located. 

2. In tbe c;a of ny contract for the sale of any product or pr duct the 

er cti n work on which i to be done by the member of the Indu.·try lling 

su 11 produ t , the pur ha er shall on the 10th day of ach montb pay an 

amount at lea t equal to 90% of the contract value of all produ hipp d, 

st r <l or ready for hipment and 90% f the contract value of the r cti n 

work p rf rmed, dming the pre eding cal ndar month, and ball pay the 

remaind r thereof within 10 days after the compl tion of the work und r uch 

contract; provided, however, that the a 0 aregate amount retained by the purcha r ball not at any tim xceed t, ice the contract value of the pr duct 

or produ 't then remaining to be delivered and/or the erection work then 

r waining to be clone under uch contract. 

3. When the erection work on any product sold i not to be clone by the 

m mb r of the Indu try selling such product payment of the contract value of 

each hipment of uch product shall be made on the 10th day of the month 

following the month in which such shipment was made. 

4. Uole. s otherwise agreed with the purchaser, whenever any product is sold 

delivered to the purcha er or frei ht charges thereon are allowed to the purcha r th reof, &uch purchaser shall pay such freight charges and the member 

of the Indu try elling such product shall accept receipted freight bills therefor a ca-'h to be applied on any payments falling due at or after the delivery 

of the product or products covered by uch freight bills. 

5. All payments for any product or product and/or erection work shall be 

deem d to be due and shall be paid at the times . pecified in the contract therefor regardless of the time of final settlement for any other work and, in the 

ca e of any contract with a general contractor, payment for any product or 

product ancl/or for the erecti n work thereon shall not be delayed by such 

general contractor pending his receipt of payments or estimates of payments 

from the owner of the structure for which any such product was u9ed or on 

which any uch erection work was done. 

6. All overdue payments shall bear interest at the maximum applicable legal 

rate. 

7. Nothing in this Schedule E contained shall be deemed to apply to any 

sale or contract of ale of any product to, or to any contract for erection 

work with, the Government of the United States of America or the Government 

of any state, territory, municipality or other governmental authority in the 

United Stat s in any ca e in which such Government shall pursuant to law 

1mpo e terms of payment other than those prescribed in thi chedule E; 

provided, however, that in any such case none of the m mb 1 of the Indu try 

shall allow to any ucb Government term of payment more favorable than 

tho e ,vhi ·h hall be prescribed by uch Gov rnment pur uant to la, . 

(80) 
SCHEDULE F 

LIST OF UNFAIR PRAOTICES 

For all purposes of the Code the following described acts shall constitute 

unfair practices : 

A. Making or promising to any purchaser or prospective purchaser of any 

product or to the owner of any structure or any contractor or prospective 

contractor for work on such structure, or to any officer, employee, agent or 

representative of any such purchaser, prospective purchaser, owner, contractor 

or prospective contractor, any bribe, gratuity, gift or other payment or remuneration, directly or indirectly; provided, however, that this provision shall not 

be construed to prohibit the free and general distribution of articles commonly 

used for advertising, except in so far as such articles are adually used for 

commercia l bribery. 

B. Procuring, otherwise than with the consent of any member of the Industry, any information concerning the business of such member which is properly 

regarded by it as a trade secret or confidential within its organization, other 

than information relating to a violation of any provision of the Code. 

C. Imitating or simulating any mark or brand owned or used (with the 

consent of the owner thereof) by any other member of the Industry without 

consent of such member. 

D. Using or substituting any second hand material or any material inferior 

in quantity, quality or workmanship to that specified in the contract for the 

product or work for which such material is used, without the consent of the 

other party or parties to such contract, or using or substituting any material 

or any method of :fabrication or erection not in accord with any applic:ible law, 

rule or regulation of any governmental authority or, except as may be otherwise 

required by any such law, rule or regulation, with the Standard Specifications 

and Code of Standard Practice of the Institute as at the time in effect. 

E. Paying or allowing to any purchaser, owner or contractor in connection 

with the sale of any product and/or with any erection work any rebate, com- mission, credit, discount, adjustment or similar concession other than as shall 

be permitted under the Code and specified in the contract for such sale and/or 

erection ,York. 

F. Disseminating, publishing or circulating any false or misleading information relative to any product or work or the price for any product or work 

of any member of the Industry, or the credit standing of any member thereof 

or the ability of any member the1·eof to perform any vrnrk, or to the couditions 

of employment among the employees of any member thereof. G. Inducing or attempting to induce by any means any party to a contract 

with a member of the Industry to violate such contract. H. Aiding or abetting any person in any unfair practice. 

I. Making any sale or contract for the sale of any product or for any work 

under any description which does not fully describe such product or work in 

terms customarily used in the Industry or using or substituting any_ ma terial 

superior in quality to that specified by the purchaser of any product for the 

purpose of selling such product nt a price less than that at which it is custo- marily sold under a proper description. 

J. Allowing to any purchaser of any product or to any owner or contractor 

to whom such product is furnished or for whom any erection work has been or 

is to be done any back charge or credit upon the price of such product or such 

erection work, except a fair and reasonable back charge or credit for an actual 

failure to fabricate such product and/or do such erection work in accordance 

with the provision of the contract therefor, vvhen the effect thereof is to 

allow to such purchaser, owner or contractor u secret rebule on the price of 

such product or erection work. 

(81) 
K. lling any product or de in,.,. any r tion work in combinntion with nny 

other pr du t or mat rial or work, unle , ._uch th r pr c1uct or material or 

work hall b in lud l in the no-ar gat. t)ri e at lhe fair value of such other 

product or mat rinl or work. 

L. l\lnkiug to any pur ha r or protpcctive purcba er or to any own r or 

contra tor any 1 romi e to m t nny and all bids wbi h may th r aft r be 

mad to ucb purchaser or pro pective pur bu - r, owner r contractor for auy 

work. 

I. Knowingly bidding for any work or m ntioning to the put' ·has r, owner 

or contractor any pri e for ucb work aft r the c ntract for uch work hall 

have b n I t to an th r memb r of the Indu try. . esigning any tru ture oth rwi e than in accorclnnce with th requirement of the tandard pccification of the In titute at the time in ft'e t, x pt 

in ca not cover d by uch pecification or iu wlli b other r quirem nt. ball 

be pecified by the purchaser, owner or contractor f,...r whom such tru ·lure hall 

be de igned. 

0. Reporting to any insurer under a workmen's compen ation or public liability in urance contrnct any payroll showing other than the actual am unts 

paid to employees on the work c vered by such in urance for the period or 

periods tated in uch payroll for the purpo e or with the effect of reducing 

any premium for such in urance below the premium therefor which would be 

payable if the correct amount paid to such employees for such p riod or 

periods were reported to such insurer. 

P. Inducing or attempting to induce any prospective purcbac::er to purcbac::e 

any product by assisting such prospective purchaser to procure anyone to do the 

erection work thereon otherwise than in compliance with the provi ions of the 

Code relating to hours of labor and rates of pay or by guaranteeing that the 

cost of such erection work when so done will not exceed a certain amount. 

Q. Any violation of any other provision of the Code, whether or not therein 

expres ed to be an unfair practice.1 

1 Sections R, S, and T added. See paragraph 2 (11) of order approving this Code. 
SCHEDULE G 

CONCERNING COMPETITIVEJ B.IDDING PRACTICES 

The following are the provisions referred to in Section 9 of Article VII of the 

Code and are applicable as provided in said Section : 

SECTION 1. Com;petitive Bidding Defi,ned.-(a) The term "competitive bidding •• as used herein shall mean the submission at or before a definita predetermined time of comparable proposals by two or more invited persons to 

an awarding authority to execute a specific program of work, furnishing a 

definite service or supplying a material specifically required for a particular 

project at a stipulated price. This does not include furnishing quotations 

on standard products. 

(b) The term "awarding authority" as used herein shall mean any member 

of the industry who may upon competitive bidding award contracts. 

SECTION 2. Bid PeddUtng and Bid, Slwpping.-(a) The practices commonly 

known a~ "bid pQddling" or " hid shopping " are recognized as unfair and are 

prohibited. Bid peddling in effect means the offering by the bidder prior to 

the making of an award of a substitute bid or price lower than the one 

originally bid without a commensurate decrease in the requirements of the 

job. The correction of the abuses resulting from such practice is obtainable 

by regulation restricting or controlling bidders. 

(b) Bid shopping in effect means the effort on the part of the awarding 

authorii'cy to induce a bidder prior to the making of the award to lower his 

original bid price without a commensurate decrease in the requirements of 

the job. The correction of the abuses resulting from such practice is obtainable by regulation restricting or controlling the awarding autholity. 

SE.CTI0N 3. Lvmitation on Bids a.nd Alternates.-(a) Since it is recognized 

that the preparation of a bid is a service involving an expense to the bidder 

and that the inviting of an unreasonable number of bids is an economic waste, 

the awarding authority shall not invite an unnecessary number of bids. 

(b) Only a limited number of alternate proposals shall be required in contlection with any bid, and no alternate proPosal of a bidder shall be considered 

by the awarding authority, unless the privilege of alternate proPosals is extended to all bidders. 

SECTION 4. Uniformity of I n fonnaUon.-The awarding authority shall make 

available uniformly to all bidders, plans and/or specifications or other requisite 

information which shall be sufficiently complete to enable each bidder to prepare a definite bid in accordance with the regulations herein provided for. 

He shall prescribe terms of competition which shall insure parity of standing 

t o all bidders. 

Sa,'"'TroN 5. QuaUfi,cation of Bicldcrs.-The awarding authority shall not invite 

bids from a bidde-r unless such bidder shall have demonstrated to the satisfaction of the awarding authority that he is competent technically and financially 

to perform the work, and the ability of a bidder to obtain a performance bond 

shall not be regarded as the sole test of such bidder's competency. 

SECTION 6. Award at 01,ig·ilnal Pricc.-An award if made shall be made at the 

bidder's original bicl price. It is recognized that competition based solely on 

price is sometimes unfair and accordingly the awarding authority may make 

an award to a competitive bidder other than the lowest bidder provided the 

award is made at such competitor's original bid price. 

SEJGTI0N 7. Receipt of Bids.-The awarding authority shall designate a 

specific hour and place for receiving competitive bids. All bids to be submitted by subcontractors shall be delivered to the Contractor at least 24 hours 

prior to the time set for the receipt of the bid of said contractor by the 

awarding authority. Bids received after such time or from uninvited bidders 

shall be returned unopened. All bids shall be required to be signed by a duly 

(83) 
UNIVERSITY OF FLORIDA 

84 II I II IIIIII Ill Ill lllll lllll ll llllll II llll llllll llll 1111111111111 

3 1262 08583 0544 

nuthoriz d r pr <.'ntntivc of the bidder nnd nclosed in a sealed nvelope on the 

outsicl of which hnll appear it id nliO atiou a a bid for the particular job. E TIOr . ~o J11f[ucnci11g of Bid<lers.-'l'b awarding authority shall not nt 

any time prior to t11e citl d time for the r ceipt of bid onvey to any bidder 

lniormati n r lnting to the pri e or t rm of any olh r bids in order to influnr th price or terms of such bidder. 

TIO 9. oll1rsio11, Prohibit d.-Th re shall b no c llu ion between the 

nwarclio('I' authority and any bidder, n r b tw en Ole different bidders in the 

preparaUon of any bid. The awarding authority shall not use any bid whi h 

i ~o unduly low as to indi ate an error or mistake in estimating without first 

giYino- the bidcl r th opportunity of d m n tratiug hy cost sheets or other 

m thod the correctn s of th bid that 11 has ubmitted. 

EC'.l'IO 10. Time Lirnit on A.icards.-The awarding authority shall make an 

nward or reje t all bids for the principal contract with the owner within twenty 

(20) days after tlle stipulated time for tbe r c iving of bid ex pt where nn 

ext n ion of time ha been r quested from th bidder a.nd bas be n consented 

to by two or more bidder . In the case of bids conditioned upon the award of 

n pre,ious contract, ach succeeding awarding authority shall make an award 

or reject all bids within thirty (30) days after the award of such previous 

contract except as to such biclclers as hall agree to an exten ion of time. 

Tbe right to reject any or all bids may be reserved by the awarding authority, 

and such rejection shall be made in writing. Where all bids are rejected, bids 

shall not be again invited or submitted for the mere purpose of obtaining a 

lower or revised price or p1ices for substantially the a.me ,vork previous to 

the elapse of ninety (90) days from the date of such rejection, except there be 

a substantial change in the plan~ and/or specifications, or except there be 

evidence of collusion, or except there be such a marked difference between the 

bids submitted and the awarding authority's estimate as to the valuation of the 

work as would indicate to the awarding authority and his Code Authority the 

necessity of new bids in order to secure fair competition. 

SECTION 11. Namvng of Subcontraotors.-Before making an award the awarding authority ma.y require any bidder to name the subcontractors whom such 

bidder intends to employ for the va1ious divisions of the work bid upon. 

SmcTioN 'l2. Rebates, Refunds and Discounts.-Tbe awarding authority shall 

not accept rebates, refunds, discounts, or otber special allowances or services 

from a bidder unless included by the bidder in his original bid. 

0