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3 1262 08482 9588 Jement No. 5 Registry No. 1043-01 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

TILE CONTRACTING INDUSTRY 

(A Division of the Construction Industry) 

AS APPROVED ON APRIL 2, 1934 

WE ·oo OUR PART 

_M .... 0-.-~ l 

j 

UNITED STATES 

GOV•ERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

\ 

l I 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - • - - Price 5 cents 
• 

This publication is for sale by the Superintendent 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 

Atlanta, 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. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, 'l"ex. : Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. 

Jacksonville; Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

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

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

Philadelphia, Pa. : 422 Commercial Trust Building. 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. 

San Francisco, Calif.: 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 244-Supplement No. 5 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

TILE CONTRACTING INDUSTRY 

As Approved on April 2, 1934 

ORDER 

SuPPLEMENTARY CoDE OF FAIR CoMPETITION FOR THE TILE 

CoNTRACTING INDUSTRY 

A DIVISION OF THE CONSTRUCTION INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the pro vi ions of Title I of the National Industrial 

Recovery Act, approved J nne 16, 1933, and pursuant to and in full 

compliance with the provisions of Section 5 of Article VIII of Chapter I of the Code of Fair Competition for the Construction Industry, 

approved January 31, 1934, for approval of ChajJter IX of said 

Code, which Chapter IX i applicable to the Tile Contracting Division of the Construction Industry, and hearings having been held 

thereon and the annexed report on aid Code, containing findings 

with respect thereto, having been made and directed to the President: 

NO\V, THEREFORE, on behalf of the President of the United 

States, I , Hugh S. John on, Administrator for Industrial Recovery, 

pursuant to authority vest ed 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 Chapter complies in all respects 

with the pertinent provisions and will promote the policy and purposes of aid Title of aid Act; and do hereby order that said Chapter IX be and it is hereby approved and that the previous approval 

of said Code of Fair Competition for the Construction Industry is 

hereby modified to include an approval of said Code in its entirety 

as supplemented by said Chapter IX. 

HUGH S. JOHNSON, 

Ad,rninistrator for I ndustrial Recovery. 

ApproYal recommended: 

GEo. L. BERRY. 

Division Administrator. 

WASHINGTON, D.C., 

April B, 1934. 

50464 °--482-6--34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Sm: This is a report on the Tile Contracting Chapter of the Code 

of Fair Competition for the Construction Industry which is described as Chapter I and which was approved by you on January 

31, 1934. 

This Chapter is a revision after a public hearing conducted in 

Washington on October 9, 1933, in accordance with the provisions 

of the National Industrial Recovery Act. This Chapter amplifies 

Chapter I, but applies specifically to the Tile Contracting Division 

of the Construction Industry. 

PROVISIONS FOR HOURS AND WAGES 

With very minor exceptions, the hours and wages set forth in 

Chapter I of the Construction Code as approved by you on J anuary 31, 1934 are applica:ble to this Code. 

ECONOMIC EFFECT OF THE CODE 

According to the statistical analysis of the Division of Research 

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

decreased· from approximately $15,000,000 in 1929 to $3,000,000 for 

the first six 1nonths of 1933. Employment has fallen from 19,420 

in 1929 to 3,700 in 1933. 

It is reasonable to predict that the establishment of uniform rates 

of pay and hours of work and the prohibition of unfair trade practices will be beneficial to this Industry as well as to the employees 

and the consumer. 

FINDINGS 

The Deputy Administrator in his final report to me on said Tile 

Contracting Chapter of the Code of Fair Competition for the 

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

basis of all the proceedings in this matter; 

I find that: 

(a) Said Tile Contracting Chapter and said Code of Fair Competition for the Construction Industry, as supplemented by said Tile 

Contracting Chapter, are well designed to promote the policies and 

purposes of Title I of theN ational 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 ora-anization of 

industry for the purpose of cooperative action amana- the trade 

groups, by inducing and maintaining united action of labor and 

management under adequate governmental sanction an 1 supervision, 

(2) 
3 

by eliminating unfair competitive practi es, by promoting the fullest 

possible utilization of the present productive capacity of indus- tries, by avoiding undue re triction of production (except as may be 

temporarily required), by increa ing the con umption of industrial 

and agricultural products through increasing purchasing power, by 

reducing and relieYing unemployment, by improYing standards of 

labor and by otherwise rehabilitating industry. 

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

(c) Said Tile Contracting Chapter and the Code of Fair Competition for the Construction Indu try, as supplemented by said Tile 

Contracting Chapter, as approved comply in all respects with the 

pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Sub ection (a) of ::)ection 7, and 

Subsection (b) of Section 10 thereof; and that the applicant association is an indu trial association truly representative of the aforesaid Industry; and that said Association impo es no inequitable 

restrictions on admission to membership therein. 

(d) Said Tile Contracting Chapter and the Code of Fair Competition for the Con truction Industry, as supplemented by said Tile 

Contracting Chapter are not designed to and will not permit monopolies or monopolistic practices. 

(e) Said Tile Contracting Chapter and the Code of Fair Competition for the Construction Industry, as supplemented by said 

Tile Contracting Chapter, are not designed to and will not eliminate 

or oppress small enterprises and will not operate to di criminate 

against them. 

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

been depri\'ed of the right to be heard prior to approval of said 

Tile Contracting Chapter and of said Code, as supplemented by this 

Tile Contracting Chapter thereof. 

For these reasons, therefore, I have approved said Tile Contracting Chapter of the Code of Fair Competition of the Construction 

Industry. 

Re pectfully, 

APRIL 2, 1934. 

HuGH S. JoHNSoN, Adntinistrator. 
CHAPTER IX 

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE TILE CONTRACTING DIVISION OF THE CONSTRUCTION INDUSTRY 

ARTICLE I-DEFINITIONS 

SECTION 1. The term " Tile Contracting Division of the Construction Industry" or "this Division" as used herein means the contracting for the installation of tiles, mantels, and accessories. 

SECTION 2. The term " tile " as used herein includes all kinds of 

glazed or unglazed products used for floor and wall surfacing which 

are made exclusively from clay and/or other ceramic materials and 

are burned in the course of manufacture and which in the case of 

glazed tile are composed of ceramic body and ceramic glaze. 

SECTION 3. The word "accessories" means items set in conjunction with the tile work, such as soap dishes, gTab rails, tumbler 

holders, shelf brackets, tooth brush holders, sponge holders, paper 

holders, towel bars, door stops, books, and such related articles in 

various colors, styles, and combinations. 

SEcTioN 4. The term " member of the Code " includes any member 

of this Division who shall expressly signify assent to this Code as it 

pertains to this Division. 

SECTION 5. The term "Association " means the " Tile and Mantel 

Contractors' Association of America, Inc." 

ARTicLE II-HoURs, WAGES AND CoNDITIONs OF EMPLOYMENT 

SECTION 1. The provisions of Section 2 B of Article III of Chapter 

I shall not apply to: 

(a) Employees engaged in professional, executive or supervisory 

capacity receiving more than thirty-five dollars ($35.00) a week. 

Supervisors are defined as those who perform no manual labor. 

(b) Employees engaged in emergency work involving breakdowns 

or protection of life or property who shall be pa.id at th~ overtime 

rate of at least one and one-half (llj2 ) the normal rate for all hours 

worked in excess of the daily and/ or weekly maxi1num. 

(c) Watchmen, who shall not be permitted to work in excess of 

fifty-six (56) hours in any one week nor more than six (6) days in 

any seven (7) day period. 

SECTION 2. Payment of W ages.-All employers shall make payment of all wages due in lawful currency or by negotiable check 

therefore payable on demand at par. Wages shall be payable at the 

end of each weekly period. Wages shall be exempt from any payment for pensions, insurance, or sick benefits other than those voluntarily paid by employees. Employers or their agents shall not 

accept, directly or indirectly, rebates on such wages or give anything 

(4) 
5 

of value or extend any favors to any person for the purpo e of 

influencing rates of wages or working conditions of their employees. 

The provisions of this Section regarding payment of wages at the 

end of e.ach weekly period shall not apply to persons employed in 

a managerial or executive capacity who earn not less than thirtyfive dollars ($35.00) per week, nor to any persons employed in 

clerical or office work, who shall be paid at least semi-monthly. SECTION 3. Posting.-All employers shall keep complete copies of 

this Code and "Chapter I, General Provisions" posted in conspicuous places easily accessible to all employees. 

SECTION 4. 0 mnplaint.-N o employee shall be dismissed by reason 

of making a complaint or giving evidence vvith respect to an alleged 

violation of thi Code. 

SECTION 5. Safety ancl H ealth.-Every member of thi. Division 

shall provide for the safety and health of his employee at the place 

and during the hours of their employment. Standards for safety 

and health shall be submitted by the Divisional Code Authority to 

the Administrator for approval within six (6) months after the 

effective date of this Code. 

SECTION 6. No employee now employed at rates in exces of the 

minimum herein established shall be discharged and reemployed at 

a lower rate for the purpose of evading the provisions of this Code. 

ARTICLE III-AmvnNISTRA TION 

SECTION 1. Administrative AgencJI.-To effectuate the purposes 

of this Code and provide for its administration within this Divi ion, 

there shall be established a Divisional Code Authority, seven members of which shall be appointed by the Executive Committee of the 

Association from the membership of the Association, together with 

not more than three additional1nembers to be appointed by the Administrator from members of this Division who are not members 

of the Association to represent such members. All members of the 

Divisional Code Authority must comply with the proYisions of Section 4 of this Article. The Administrator may request from the 

Association a list of members of this Division who are non-members 

of the Association, eligible for appointment to the Divi ional Code 

Authority. 

SEcTION 2. All members of the Divisional Code Authority shall be 

appointed within fifteen (15) days after the effective date of this 

Chapter for a term of one (1) year from such effective date, provided that, in the event the Code is continued beyond the limits now 

established by law, such terms may be readjusted to insure overlapping tenures, in a manner to be approved by the Administrator. In 

case a vacancy occurs in the Divisional Code Authority, such vacancy 

shall be filled within thirty (30) days, by the method provided in 

Section 1, except that the successors to representatives of the members of this Division who are not members of the As ociation shall be 

selected by such members, if such successors and the method of their 

selection are approved by the Administrator. 

SECTION 3. The Administrative members and the Admini trator 

sha1l be given five ( 5) days' notice of, and may sit at, all meetings 

of the Divisional Code Authority. . 
6 

SECTION 4. Members of the Division shall be entitled to participate 

in and share the benefits of the activities of the Divisional Code 

Authority and to participate in the selection of the members thereof 

by assenting to and complying with the requirements of this Code 

and sustaining their reasonable share of the expenses of ~t~ adm_inistration. Such reasonable share of the expenses of adm.m1strat10n 

shall be determined by the Divisional Code Authority, subject 

to review by the Administrator, on the basis of volume of business and/ or c::u h other factors as may be deemed equitable. 

SECTION 5. Powers and Dwties.-The Divisional Code Authority, 

in addition to the powers and duties conferred on it by Chapter I 

hereof, shall have the following powers and duties to the extent 

permitted by the Act: 

(a) To establi h specifications for minimum standards of work, 

with the approval of the Administrator and after such notice and 

hearing as he may prescribe, such standards to be designed to safeguard and in ure the health, safety and comfort of the occupants 

of homes and other structures. 

(b) To establi. h a standard contract form for use within this Division, such form to be approved by the Administrator after such notice 

and hearing as he may prescribe. 

(c) To cooperate with the Administrator in regulating the use of 

any N.R.A. insignia solely by those of this Division who have assented 

to, and are complying with, this Code. 

( c1) To recommend to the Administrator further fair trade practice provisions to govern members of this Division in their relations 

with each other or with other industries and to recommend to the 

Administrator measures for industrial planning, including stabilization of employment. 

(e) To cause to be formulated an accounting system and methods 

of cost finding and/ or estimating capable of use by all members of 

this Division. After such system and methods have been formulated 

by the Divisional Code Authority and approved by the Administrator, full details concerning them shall be made available to all 

members. Thereafter all members shall determine and/or estimate 

co ts in accordance with the principles of such methods. 

SECTION 6. If the Administrator shall determine that any action 

of the Divisional Code Authority or any a~ency thereof may be 

unfair or unjust or contrary to the public 1nterest, the Administrator may require that such action be suspended to afford an opportunity for investigation of the merits of such action and further 

consideration by the Divisional Code Authority or agency pending 

final action which shall not be effective unless the Administrator 

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

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

or modified form. 

ARTICLE IV-TRADE PRACTICE RULES 

For the protection of the public, a member of this Division should 

have the following qualifications : 

(a) be generally qualified by his technical training or experience 

in the Industry to direct properly the installation, altering, or repairing of tile, mantel , and acc~ssories; 
7 

(b) be an employer of tile setters and helpers; 

(c) have an established place of business and maintain a. proper 

set of books and records incidental to the conduct of a tile contracting business ; 

(d) be financially able to operate his business properly. . General Defon.ition.-For all purposes of the Code the followmg 

acts de cribed in this Article shall constitute unfair practices. Any 

memoor of the Division who shall directly or indirectly, through any 

officer, employee, agent, .or representative1 knowi_ngly use, emp~oy, 

or permit to be employed any of such unfair practices shall be gu1lty 

of a violation of the Code. 

RULE 1. S elling Be'Ww Oost.-No member of this Division shall 

quote, ell or offer to sell any product, installation or other service 

within this Division at less than his individual cost thereof (cost 

for the purpo es of this Rule to be determined pursuant to the cost 

finding and/ or estimating methods provided for in Section 5 (e) 

of Article III) ; provided, however, that co t for the purposes of 

this Rule shall not include items of depreciation on unused facilitie , interest on indebtedness, interest on investment, or selling expense. 

RULE 2. Adequate Records.-N o member of this Division shall 

submit an estimate price on any job or submit a bill for hi services 

without retaining an adequate record showing the cost analysis upon 

which his estimate was based or his charges determined. 

RuLE 3. Substitution.-N o member of this Division shall use or 

substitute any products of this Division inferior in grade or quality, 

less in quantity, and/ or of a different design or type, for those specified by the purchasers, without the consent of the purchasers to such 

uses of substitutions. 

RULE 4. Secret R ebates.-No member of this Division shall offer or 

make any secret or discriminatory payment or allowance of a rebate, 

refund, commission, credit, unearned discount, or excess allowance, 

whether in the from of money or otherwise; nor shall a member of 

this Division offer or extend to any customer any secret or discriminatory service or privilege for the purpose of influencing a sale or 

contract. 

RuLE 5. Profit-sharing Oombinations.-Members of this Division 

have been suffering from cooperative profit-sharing combinations 

who do not employ any skilled mechanics and work without any 

restriction as to number of hours of labor or the amount of wages. 

No member of this Divi ion, whether individually or in combination 

with other members of this Divi ion, shall work with tools except 

in compl'iance with the maximum hours herein provided, and any 

such member or combination shall comply with all applicable provisions of this Code including the provisions of Rule 1 and Rule 2 

of this Article. 

RULE 6. Interference with Oontracts.-No member of this Division 

shall induce or attempt to induce the breach of an existing contract 

between a competitor and his customer or source of supply; nor shall 

any such member interfere with or obstruct the performance of such 

contractual duties or services. 

RULE 7. Subletting Labor Services.-No member of this Division 

shaH directly or indirectly sublet to any employee or laborer the 

labor services required by any contract secured by such member. 
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R"CLE 8. Quotations and Eids.-(a) No member of this Division 

hall combine quotation for any product or service within thi Division with any quotation for any other product or ervice, for the 

purpose or \lith the effect of concealing the true selling price of the 

product or service \\ithin this Division. 

(b) No member of this Division shall combine the requirements for 

the products of this Divi ion for t\\o or more distinct and separate projects in one quotation to the same purchaser for the purpose 

and with the effect of concealing the true selling price for the products for each or all of such projects. Under this Section a project 

shall be con iderecl distinct and separate from another project unlP. s 

con tructecl on the same ite and the awarding authority including 

the owner and his agent (including the architect and the mechanical 

engineer) are the arne entities. 

(c) No member of this Division shall submit a competitive bid, as 

defined in Section 1 of Article VII of Chapter I of this Code, to 

an owner or any other per on corresponding to an awarding authority 

as therein defined, unless such owner or other person agrees to comply with the regulations provided therein governing an awarding 

authority. 

RuLE 9. Selling of Tile Unset.-N o members of this Division hall 

contract for the sale of tile, mantels, or acce ories unset. 

ARTICLE V-FILING OF Bm 

Each m.ember of this Division shall file with the Divi ional Code 

Authority, or such other agency as the Divi ional Code Authority 

may le ignate, a signed true copy of all bids, including all alternates 

and revisions thereto submitted in connection \lith all competitive 

bidding, together with a list of all prospective customers or others 

to whom such bids have been, or are, submitted. Such copies of 

bids shall not be opened by the Divisional Code Authority until 

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

authority for the receipt and opening of such bids. 'Vithin fortyeight ( 48) hours after such opening, the Divisional Code Authority, 

or its designated agency, shall prepare a li t of the names and 

addresses of all bidders for each specific project, indicating the 

amounts of all bids, alternates, and modification , together with a 

summary of all exceptions, and :forward a copy of such list to each 

member of this Divi ion filing his bids. 

ARTICLE VI-MomFICA TION 

' Subject to the provisions of Section 2 (c) of Article IV, B, of 

Chapter I of this Code, the provisions of this Chapter, except as to 

provisions required by the Act, may be modified on the ba i of 

experience or changes in circumstances, such modifications to be 

based upon application to the Admini trator and such notice and 

hearing as he shall specify, and to become effective on hi approval. 

ARTICLE VII-REFERENCE TO PROYISIONS OF CHAPTER I 

The provisions of Sections 7 (a) and 10 (b) f the Act, which 

are set forth in Sections 1 and 6 respectively of Article VIII of 
9 

Chapter I of this Code, are specifically incorporated herein by reference with the same force and effect as if set forth herein in full; 

all other provisions of Chapter I of this Code, except as herein 

provided, apply within this Division . with the same force and effect 

as if set forth herein in full. 

ARTICLE VIII-EFFECTIVE D ATE 

This Chapter shall become effective within this Division on the 

tenth (lOth) day after its approval by the President. 

Approved Code No. 244, Supplement No. 5. 

Registry No. 1043-01. 

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