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3 1262 08482 93o7 _ _1 pplement No. 14 Registry No. 1032-1-06 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

C·ODE OF FAIR COMPETITION 

FOR THE 

PLASTERING AND LATHING 

·CONTRACTING INDUSTRY 

(A Division of the Construction Industry) 

AS APPROVED ON JUNE 27, 1934 

BY 

PRESIDENT ROOSEVELT 

WE DOOURPARt 

t 

I 

l 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - P::ice 5 cene. 
. This publication is for sale by the Superintendent of Documents, Government 

l;>rinting 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, Tex. : 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 ew Post Office Building. 

St. Loui. , Mo. : 506 Olive Street. 

San Francisco, Calif. : 310 Customhou.::e. 

Seattle, Wash.: 809 Federal Office Building. 
, 

Approved Code No. 244-Supplement No. 14 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

PLASTERING AND LATHING CONTRACTING 

INDUSTRY 

As Approved on June 27, 1934 

BY 

PRESIDENT ROOSEVELT 

EXECUTIVE ORDER 

SUPPLEMENT.ARY CODE OF FAIR COMPETITION FOR THE PLASTERING AND 

LATHING CONTRACTING INDUSTRY 

A DIYISION OF THE CONSTRUCTION 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, 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 my approval of the 

Plastering and Lathing Contracting Chapter of said Code, and 

hearings having been held thereon, and the Administrator having 

rendered his report containing an analysis of said Plastering and 

Lathing Contracting Chapter and of said Code of Fair Competition 

as supplemented by the addition therHo of said Plastering and 

Lathing Contracting Chapter, together with his recommendations 

and findings with respect thereto, and the Administrator having 

found that the said Plastering and Lathing Contracting Chapter 

and the said Code of Fair Competition, as supplemented by the 

addition thereto of said Plastering and Lathing Contracting Chapter, comply in all respects with the pertinent provisions of Title I 

of said Act, and that the requirements of Clauses (1) and (2) of 

Subsection (a) of Section 3 of the said Act have been met: 

No,v, THEREFORE, I, Franklin D. Roosevelt, President of 

the United States pursuant to the authority vested in me by Title I 

of the National Industrial Recovery Act, approved June 16, 1933, 

and otherwise, do adopt and approve the report, recommendations 

and findings of the Administrator and do order that the said Plastering and Lathing Contracting Chapter be and it is hereby approved, 

70513°-657-163-34 (1) 
2 

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 suppleme~ted by the addition 

thereto of said Plastering and Lathing Contracting Chapter. 

Approval recommended: 

HUGHS. JOHNSON, 

Administrato1'. 

THE WHITE HousE, 

June f7, 1934 . 

• 

FRANirLIN D. ROOSEVELT. 
LETTER OF TRANSMITTAL 

The PRESIDENT, 

The lV hite House. 

Sm : This is a report on the Plastering and Lathing 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 a.fter a public hearing conc1ucted in 

vVashington on September 18, 1933 which was reconvened on March 

27, 1934, in accordance with the provisions of the National Industrial 

Recovery Act. This Chapter amplifies Chapter I, but applies specifically to the Plastering and Lathing Contracting Division of the 

Construction Industry. 

PROVISIONS FOR HOURS AND WAGES 

With the exception of the inclusion of skilled wage rates, the hours 

and labor conditions set forth in Chapter I of the Construction Code 

as approved by you on January 31, 1934 are applicable to this Code. 

ECONOMIC EFFECT OF THE CODE 

Estimates made by the Division of Research and Planning indicate 

that the number of full and part-time employees in this Division 

of the Construction Industry decreased from approximately 127,000 

in 1929 to 23,000 in 1933. 

It is reasonable to predict that the establishment of uniform rates 

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

and the prohibition of unfair trade practices will be beneficial to all 

of this Industry, as well as to the employees and the consumer. 

FINDINGS 

The Deputy Administrator in his final report to me on said 

Plastering and Lathing Contracting Chapter of the Cod~. 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 Plastering and Lathing Contracting Chapter and said 

Code of Fair Competition for the Construction Indt1stry, as supplemented by said Plastering and Lathing Contracting Chapter, are 

well designed to promote the policies and purposes of Tide 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 generaJ. welfare 

by promoting the organization of industry for the purpo~ of cooperative action among the trade groups, by inducing and mainta:hiing 

united action of labor and management under adequate govern-

(3) 
4 

mental sanctiQns and super:vision, by eliminating unfair competitive 

practices, by pron1oting the fullest possible utilization of the present 

productive capacity of industries, by avoiding undue restriction of 

production ( except as may be temporarily r equired), 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 r ehabilitating industry. 

(b) Said Plastering and Lathing Contracting Chapter and the 

Code of Fair Competition for the Construction Industry, as supplemented by said Plastering and Lathing Contracting Chapter, as 

approved comply in all r espects 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) Said Plastering and Lathing Contracting Chapter and the 

Code of Fair Competition for the Construction Industry, as supplemented by said Plaste.ring and Lathing Contracting Chapter are 

not designed to and will not permit 1nonopolies or monopolistic 

practices. 

( d) Said Plastering and Lathing Contracting Chapter and the 

Code of Fair Competition for the Construction Industry, as supplemented by said Plastering and Lathing Contracting Chapter, are 

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 

Plastering and Lathing Contracting Chapter and of said Code, as 

supple1ne.nted by this Plastering and Lathing Contracting Chapter 

thereof. 

For these reasons, therefore, I recommend approval of said Plastering and Lathing Contracting Chapter of the Code of Fair Competion of the Construction Industry. 

Respectfully, 

HUGH s. JOHNSON' 

A dministratovr. 

JUNE 26. 1934. 
CHAPTER xx 

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE PLASTERING AND LATHING CONTRACTING 

INDUSTRY 

.A DIYISION OF THE CONSTRUCTION INDUSTRY 

ARTICLE I-DEFINITIONS 

SECTION 1. The term "Plastering and Lathing Contracting Division" or" This Division" means and includes the business of furnishing and contracting to furnish labor and materials in the fabricating, 

n1ixing, applying, installing, altering or repairing of all plain or 

ornamental plastering used in construction projects regardless of ths 

nature of the materials used or the structure to which it is applied-, 

including the use of pigments and their incorporation in plastic materials used in simulation of other materials, and including all lathing 

and light iron furring, metal corner beads, metal base beads and 

appurtenances used to receive such plain and ornamental plastering, 

and including modeling, model making, and casting incidental to or 

jn connection with the business of the Plastering and Lathing Contracting Di vision. 

SECTION 2. Specialized Olassifications.-The term "Specialized 

Classifications" shall mean a defined specialized branch of this Division, established for representation in the administration of ths 

Plastering and Lathing Contracting Division Chapter. 

Such specialized classifications immediately established and defined 

herein are: 

(A) Lathing and Light Iron Furring Olassification.-The term 

"Lathing and Light Iron Furring Classification" is defined to mean 

and include members of this Division who are engaged exclusively 

in contracting for the furnishing of labor and materials for lathing 

and light iron furring. 

( B) Mode ling, Jl,f odel 11/ aking, and Oas ting Olassification.-Ths 

terms" Modeling, Model i1aking, and Casting Classification" are defined to mean and include members of this Divi ion who specialize 

in contracting for modeling, model making, and ca ting of plastic 

materials. 

SECTION 3. Nothing in Section 2 shall be held or construed to prevent any member of this Division from performing all or any part 

of the business of this Division, as defined in Section 1 of this Article. 

SECTION 4. The term "A sociation" as used herein ·means the 

"Contracting Plasterers' International Association." 

SECTION 5. The term " this Chapter " as used herein means and 

inc,ludes any related industry which hereafter is subject to the approval of the President may be included hereunder as a subdivision 

or otherwise. 

ARTICLE II-REFERENCE TO PROVISIONS OF CHAPTER I AND TO MANDATORY PROVISIONS OF THE AcT 

SECTION 1. Reference to Provisions of Chapter /.-Provisions of 

Chapter I of this Code, including any amendments thereto, or modi-

(5) 
6 

£.cations thereof, except as herein specifically provided, are specifically incorporated herein with the same force and effect as if set forth 

herein in full. 

SECTION 2. Labo1· Provisio?'ls of the Act.-Employees shall have 

the right to organize and bargain collectively through representati, es 

of their own choo ing, and shall be free from the interference, 

restraint, or coercion of employers of labor, or their agent , in the 

designation of such representatives or in self-organization or in other 

concerted activities for the purpose of collective bargaining or other 

mutual aid or protection; no employee and no one seeking employment shall be required as a condition of employment to join any 

company union or to refrain from joining, organizing or assisting a 

labor organization of his own choosing; employers shall comply with 

the maximum hours of labor, minimum rates of pay, and other conditions of employment, approved or prescribed by the President. · SECTION 3. Presidential Powers.-This Code, and all the provisions 

thereof, are expressly made subject to the right of the President, in 

accordance with the provisions of subsection (b) of Section 10 of the 

Act, from time to time to cancel or modify any order, approval, 

license, rule or regulation issued under Title I of the Act and specifically, but without limitation to the right of the President to cancel 

or modify his approval of this Code, or of any additional Cha1_3ter 

thereof, or any conditions imposed by him upon such approval. 

ARTICLE III-HoURs, WAGES, AND CONDITIONS OF EMPLOTifENT 

SECTION 1. Where no local or regional agreement exists as provided 

for in Section 1 of Article III of Chapter I the minimum wage scale 

for the following classification of employees in this Division shall be: 

(a) In the Southern Zone comprehending South Carolina, Georgia, Florida, Arkansas, Alabama, Mississippi, Louisiana, Arizona, 

Oklahoma, Texas, and New Mexico, the minimum wage for plasterers, 

$1.00 per hour; modelers, $1.50 per hour; model makers, $1.00 per 

hour; casters, 90¢ per hour; lathers, $1.00 per hour; plasterers' 

laborers, 60¢ per hour. 

(b) In the Central Zone, comprehending Delaware, Maryland, 

Virginia, Tennessee, Colorado, Utah, California, North Carolina, 

West Virginia, ICentucky, Missouri, Kansas, Nevada, District of 

Columbia, minimum wage scale for plasterers, $1.10 per hour; modelers, $1.60 per hour; model makers, $1.10 per hour; casters, $1.00 

per hour; lathers, $1.10 per hour; plasters' laborers, 70¢ per hour. 

( c) In the Northern Zone Comprehending Maine, New Hampshire, 

Vermont, :M:assach usetts, Rhode Island, Connecticut, New York, New 

J ersey, Indiana, Wisconsin, Minnesota, Nebraska, Wyoming, Oregon, South Dakota, Idaho, P ennsylvania, Ohio, Michigan, Illinois, 

Iowa, North Dakota, Montana, Washington, the minimum rates .for 

plasterers shall be $1.20 per hour; modelers, $1.70 per hour; model 

makers, $1.20 per hour; casters, $1.10 per hour; lathers, $1.20 per 

hour; plasterers' laborers, 80¢ per hour. 

( d) Apprentices during their apprenticeship or learning period 

shall be paid as follows : 

F irst year_ ________________________ 30% of journeyman's wages. 

Second year_ ______________________ 40% of journeyman's wages. 

Third year ________________________ 60% of journeyman's wages. 

Fourth year________________________ 75% of journeyman's wages. 
7 

Provided however, that this Section shall not be construed to 

authorize reductions in existing r ates of pay; and provided further, 

that the Administrator may reconsider the provisions of this Section 

upon the expiration of a period of ninety (90) days after the effective date of this Chapter, or thereafter if he shall deem neces.sary 

and, upon the basis of such reports, studies, or hearings as he may 

obtain or conduct, may require such modifications of, or make such 

other determination with respect to, the provisions of this Section 

a.s he shall by his further order direct; and provided, further, that 

if it shall be represented to the Administrator and he shall determine 

that the provisions of this Section impose undue hardship upon employers or employees or both, within any region or locality, he may 

at any time grant such stay or exemption from the provisions of 

this Section within such region or locality_ as he may determine ju.stice requires; and provided .further, that the provisions of this Sec- tion shall be subject to the provisions of Section 7 of the Act, or any 

actions taken thereunder or in accordance therewith. 

SECTION 2. The provisions of subparagraph B of Section 2 of 

Article III of Chapter I shall not apply to: 

(a) Employees in a managerial, executive, or supervi.sory capacity, 

who regularly earn in excess of thirty-five dollars ($35.00) per week. 

Supervisory employees are defined as those who perform no manual 

labor. 

(b) Employees engaged in emergency work upon breakdowns or 

for the protection of life or property, who shall be paid at lea t one 

and one-half (11⁄2) times the normal rate for all hours worked in 

excess of forty ( 40) hours in any week or eight ( 8) hours in any day 

or six ( 6) days in any week. 

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

fifty-six (56) hours nor six (6) days in any week. 

SECTION 3. Nitrmber of days.-No employee shall be permitted to 

work in excess of six ( 6) days in any week. 

SECTION 4. Evasion Through Ree1nploy11ient.-No employee now 

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

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

SECTION 5. Me1nber Performing Lribor.-Members of this Division 

who personally perform manual labor or are engaged in mechanical 

operations shall not exceed, while so working as employees, the maximum of hours prescribed herein for employees. 

SECTION 6. 00111,plain.t.-No employee shall be dismissed by reason 

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

violation of this Code. 

SECTION 7. Posting.-All members of this Division shall post and 

keep posted in conspicuous places readily accessible to all employees 

in their respective shops and other established places of business 

complete copies of Chapter I, General Provisions for the Con truction Industry, and of this Chapter of this Code, together with the 

name and address of the nearest official place where Code violations 

may be reported. Every member of the Division shall comply with 

all rules and regulations relative to the posting of provisions of 

Codes of Fair Competition which may from time to time be prescribed by the Administrator. 
8 

SECTION 8. Standards for Safety mul H ealth.-Each member of 

this Division shall provide for the safety and health of his employees 

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 within three (3) months after the effective date of this Chapter. After approval, such standards shall become the minimum standards of safety and health for all members of 

this Division. 

SECTION 9. Payment of lVages.-All employers shall make payment 

of all wages due in lawful currency or by negotiable check therefor 

payable on demand at par. If wages are paid by check, the employer 

shall provide reasonable accessible facilities for cashing checks at 

face value without expense to the employee. Employers shall also 

provide such identification as is necessary to utilize such facilities. 

\Vages shall be payable at the end of each weekly period and shall 

be exempt from any payment or deduction for pensions, insurance 

or sick benefits other than those required by law or voluntarily paid 

or authorized by employees. Employers or their agents shall not 

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

of value nor extend any favors to any person for the purpose of 

influencing rates of wages or working conditions of their employees. 

The provisions of this Section requiring payment of wages at the 

end of. each weekly period shall not apply to persons employed in a 

managerial, supervisory, or executive capacity who earn not less 

than thirty-five dollars ($35.00) per week, nor to persons employed 

in clerical or office work who shall be paid at least semi-monthly. 

SECTION 10. Handicapped Persons.-A person whose earning capacity is limited because of age, physical, or mental handicap, or 

other infirmity may be employed on light work at a wage below the 

minimum established by this Code if the employer obtains from the 

State Authority designated by the United States Department of 

Labor a certificate authorizing his employment at such wages and 

for such hours as shall be stated in the certificate. Such Authority 

shall be guided by the instructions of the United States Department 

of Labor in i uing certificates to such persons. Each employer 

shall file monthly with the Divisional Code Authority a list of all 

such persons em ployed by him showing the wages paid to, and the 

maximum hours of work for, all such persons. 

SECTION 11. Nothing in the definition of this Division shall in 

any way be construed as affecting the classification of labor employed 

under this Chapter of this Code. 

ARTICLE IV-ORGANIZATION, POWERS AND DUTIES OF THE DIVISIONAL 

CODE AUTHORITY 

SECTION 1. Further to effectuate the policies of the Act, and to 

administer this Code within this Division and its administrative 

classifications as defined in Article II of this Chapter, a Divisional 

Code Authority is hereby established. 

SECTION 2. The Divisional Code Authority for the Plastering and 

Lathing Contracting Division shall consist of fifteen (15) members 

of this Division, all of whom shall have assented to this Code, to be 

selected, to serve for a term of one ( 1) year or until their successors 

are selected, as follows : 
9 

(a) Members of the Association shall elect eight ( 8) me1nbers of 

the Divisional Code Authority from the membership of the Association to represent equitably various localities. The Association is 

hereby designated as the agency to conduct the initial election of 

the Association 1nembers of the Divisional Code Authority within 

thirty (30) days after the effective date of this Chapter and any 

other election of such members which may thereafter be held. Notice 

of the time and place of regular elections shall be sent to all members of the Association and to the Administrator at least forty ( 40) 

days in advance of such election, except that the initial election above 

referred to may be held on ten (10) days' notice. Voting at all elections may be in person, or by proxy or letter ballot and each member 

of the Association shall be entitled to one vote for each membership 

to be filled. In the event of any vacancy in the Association Membership of the Divisional Code Authority, the Executive Committee of 

the Association may appoint a member from and to represent members of the Association on said Code Authority who shall serve for 

the unexpired portion of the term of tlie member he succeeds. Such 

successor shall be approved by the Administrator before taking office. 

Such election shall be held within twenty (20) days after such 

vacancy occurs . 

. (b) The Administrator shall appoint two (2) members of the 

Divisional Code Authority from the members of this Division included in the Lathing and Light Iron Furring Classification, as 

defined in Section 2 A of Article II of this Chapter. 

(c) The Administrator shall appoint two (2) members of the 

Divisional Code Authority from the members of this Division included in the Modelino-, l\1odel l\1aking, and Casting Classification 

as defined in Section 2 B of Article II of this Chapter. 

(d) The Administrator shall appoint three (3) members of the 

Divisional Code Authority from and to represent the non-members 

of the Association, which members shall be automatically disqualified 

from further holding such office by joining the Association, and 

whose membership in the Divisional Code Authority shall thereupon 

beconie vacant. 

( e) At the expiration of the term of the members so appointed in 

sub-paragraphs (b) , (c) and (d), or should a vacancy occur, the 

non-members of the Association or the members of the Classifications 

as defined in Section 2 of Article II may elect their respective representatives, such representatives and the methods of their selection 

to he satisfactory to and approved by the Administrator. In the 

event any representatives are not so chosen, the Administrator shall 

continue to appoint such representatives. 

SECTION 3. In the event the Act and the Code are continued beyond 

the limits now established by Law, the terms of the members of the 

Divisional Code Authority may be readjusted to insure over-lapping 

tenures, in a manner to be approved by the Administrator. 

SECTION 4. Each trade or industrial association directly or indirectly participating in the selection of activities of the Divisional 

Code Authority shall impose no inequitable restrictions on membership. 

SECTION 5. It being found necessary, in order to support the 

administration of this Chapter and to maintain the standards of 

fair competition established by this Code and to effectuate the policy 
10 

of the Act, the Divisionnl Code Authority is authorized, subject to 

the approval of the Administrator: 

(a) To incur such reasonable obligations as are necessary and 

proper for the foregoing purposes and to meet such obligations out of 

funds which may be raised as hereinafter provided and which shall 

be held in trust for the purposes of the Chapter. 

(b) To submit to the Administrator for his approval, subject to 

such notice and opportunity to be heard as he may deem necessary, 

(1) an itemized budget of its estimated expenses for the foregoing 

purposes, and (2) an equitable basis upon which the funds necessary 

to support such budget shall be contributed by members of this 

Division. 

( c) After such budget and basis of contribution have been approved by the Administrator, to determine and secure equitable 

contribution as above set forth by all such members of this Division, 

and to that end, if necessary, to institute legal proceedings therefor 

in its own name. 

SECTION 6. Each member •of this Division shall pay his or its 

equitable contribution to the expenses of the maintenance of the 

Divisional Code Authority determined as hereinabove provided and 

subject to rules and regulations pertaining thereto issued by the 

Administrator. Only members of this Division co1nplying with this 

Code and contributing to the expenses of the administration of this 

Chapter as provided in Section 5 of this Article shall be entitled to 

participate in the selection of th~ members of the Divisional Code 

Authority or to receive the benefit of its voluntary activities or to 

make use of any emblem or insignia of the National Recovery 

Administration. 

SECTION 7. The Administration members, the Construction Code 

Authority and the Administrator shall be given five (5) days' notice 

of, and may sit at, all meetings of the Divisional Code Authority. 

SECTION 8. Powers amd Duties.-Subject to such rules and regulations as may be issued by the Administrator, the Divisional Code 

Authority shall have the powers and duties as are conferred by Subdivision B of Article IV of Chapter I of this Code and also shall 

have the following powers and duties: 

(a) To establish, with the approval of the Administrator and 

after such notice and hearing as he may prescribe, specifications for 

minimum standards of work, such standards to be designed to safeguard and insure the health and safety of the occupants of homes 

and other structures. Such specifications shall be sub1nitted for 

approval within six ( 6) months after the effective date of this 

Chapter. 

(b) To establish, with the approval of the Administrator after 

such notice and hearing as he may prescribe, standard contract forms 

for use within this Division. 

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

of any N.R.A. insignia solely by those members of this Division 

who have assented to and are complying with this Code. 

( d) 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. 
11 

( e) To require the registration of all work in amount of Two 

Hundred ($200.00) Dollars or more in value, undertaken by members 

of this Di vision as herein defined. 

(f) The Divisional Code Authority shall cause to be formulated 

methods of cost finding and accounting capable of use by all members of this Divjsion, and shall submit such methods to the Administrator for review. If approved by the Administrator, full information concerning such methods shall be made available to all members 

of the Division. Thereafter, each member of the Division shall 

utilize such n1ethods to the extent found practicable. Nothing 

herein contained shall be construed to permit the Divi ional Code 

Authority, any agent thereof, or any member of the Division to 

suggest uniform additions, percentages or differentials or other uniform items of cost which are designed to bring about arbitrary 

uniformity of costs or prices. 

(g) To appoint a trade practice committee which shall meet with 

the trade practice committees appointed under such other codes as 

may be related to the industry for the purpose of formulating fair 

trade practices to govern the relationships between employers under 

this Chapter and employers under such other Codes, to the end that 

such fair trade practices may be proposed to the Administrator as 

amendments to this Chapter and such other codes. 

(h) To establish, subject to the approval of the Administrator, 

regional agencies for the administration of this Code to effectuate 

the policies of the Act. Such agencies may be constituted to represent (a) the entire industry in any region or locality or (b) a specialized classification in any region or locality. The membership of any 

such agency shall not be less than three ( 3) nor more than seven (7) 

members of the Di vision. The agency or agencies so established 

shall be delegated by the Divisional Code Authority certain powers 

and authority to administer this Code within the region or locality 

or within a specialized classification in any region or locality, provided that nothing herein shall relieve the Divisional Code Authority 

of its duties and responsibilities under this Code and that such agency 

or agencies shall at all times be subject to and comply with the 

provisions hereof. 

(i) To provide appropriate facilities for arbitration, and subject 

to the approval of the Admini trator, to prescribe rules of procedure 

and rules to effect compliance with awards and determinations. 

ARTICLE V-TRADE PRACTICE RULER 

General Definition.-For all purposes of the Code the acts described in this Article shall constitute unfair practices and are 

prohibited. Any member of this Division who shall directly or 

indirectly, through any officer, employee, agent, or representati':e 

knowingly use, employ, or permit to be employed any of such unfair 

practices shall be guilty of a violation of the Code. 

RULE 1. Inferior lVork.-N o member of this Division shall substitute inferior materials or an improper mix, or shall use materials 

or shall make any misrepresentation in connection with the sale of 

such materials or mix, for the purpose or with the effect of misleading or deceiving purchasers with respect to the quantity, quality, 

or grade thereof. 
12 

RULE 2. Oompliance.-Non-compliance with contractual requirements whether pertaining to quality or quantity of materials, quality 

of workmanship or otherwise shall be a violation of this Chapter. 

RULE 3. Adequate Reoords.-No member of this Division shall 

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

without retaining an adequate record showing the cost analysis upon 

which his estimate was based or his charges determined. 

RULE 4. Lwmping Labor.-No member of this Division shall 

(whether by the practice known as "Lumping" of labor or otherwise) sublet to any journeyman or other employee, the labor services 

required by any contractor for work within this Division. 

RULE 5. False Representation.-No member of this Division shall 

make any false representation, either directly or indirectly, that a 

competing member has quoted or is quoting different prices, or terms 

and conditions of sale, for his products than those actually quoted 

by such competin~ member. 

RULE 6. Defamvng Oom,petitors.-No member of this Division shall 

defame competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, questionable credit standing, or 

by other false representation, or by the false disparagement of the 

grade or quality of their goods. 

RULE 7. Secret R ebates.-N o member of this Division shall secretly 

offer or make any payment or allowance of a rebate, refund, commission credit, unearned discount or excess allowance, whether in 

the form of money or otherwise, nor shall a member of this Division 

secretly offer or extend to any customer any special service or privilege not extended to all customers of the same class, for the purpose 

of influencing a sale. 

RULE 8. 0 01nm,ercuil Bribery.-N o member of this Division shall 

give, permit to be given, or directly offer to give, anything of value 

for the purpose of influencing or rewarding the action of any employee, agent, or representative of another in relation to the business 

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

represented party, without the knowledge of such employer, principal, or party. This provision shall not be construed to prohibit free 

and general distribution of articles commonly used for advertising 

except so far as such articles are actually used for commercial 

bribery as hereinabove defined. 

RULE 9. Inaccurate Advert'ising.-N o member of this Division shall 

publish advertising (whether printed, radio, display, or of any other 

nature), which is misleading or inaccurate in any material particular, nor shall any member in any way misrepresent any goods (including but without limitation its use, trade mark, grade, quality, 

quantity, origin, size, substance, ch aracter, nature, finish, material, 

content, or preparation) or credit t erms, values, policies, services or 

the nature or form of the business conducted. 

RULE 10. I naccurate R ef erence to Oompetitors.-No member of 

the Industry shall publish advertising which refers inaccurately in 

any material particular to any competitor or his goods, prices, values, 

credit terms, policies or services. RULE 11. Breach of Contract.-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 
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any member interfere with or obstruct the performance of any such 

contractual duties or services. 

RULE 12. Threats of L{JJUJ Suits.-No member of this Division shall 

publish or circulate unjustified or unwarranted threats of legal proceedings which tend to or have the effect of harassing competitors 

or intimidating their customers. 

RULE 13. Growping of Jobs.-No member of this Division shall 

group together two or more jobs, either directly or indirectly, to 

effect a price below cost for any individual job. 

RULE 14. Oollusion.-Section 9 of Article VII of Chapter I of 

this Code is specifically incorporated by reference with the same 

force and effect as if set forth in full in this Chapter, and nothing 

contained in this Chapter shall nullify, change, or affect the application of said section to this Division. 

RULE 15. 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 person corresponding to an awarding 

authority as therein definedi unless such owner or other person agrees 

to comply with the regu ations provided therein governing an 

awarding authority. 

ARTioLE VI-FILING OF Bms 

SECTION 1. Each member of this Division shall file with an independent, impartial agency designated by the Divisional Code Authority, or by the local administrative committee, a signed, true copy of 

every bid in excess of two hundred dollars ($200.00), or such lesser 

sum as may be determined by the Divisional Code Authority for 

local regions or areas, including all alternates and revisions thereto 

submitted in connection with all competitive bidding as required by 

the awarding authority. Copies of bids shall not be opened until 

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

authority for the receipt of such bids. 

SECTION 2. The independent agep.cy shall tabulate all bids, together 

with any available details of the awarding of the contract, all of 

which shall be kept confidential, except that, within three (3) days 

after the award of the contract to the successful bidder, each bidder 

shall be sent a copy of the tabulation of the amounts of the bids only. 

Each bidder shall pay his proportionate share of the cost of handling, tabulating and distributing such information, but in no case 

more than one dollar ($1.00) for each bid filed by such bidder. 

Such bids and tabulations shall be available to the Administrator 

until the contract is completed. 

SECTION 3. Upon complaint of a bidder, the Divisional Code 

Authority or any local administrative committee appointed by it, 

shall elect a Committee of Review composed of not more than three 

qualified persons who were not bidders on the particular job to be 

reviewed, one of whom, if possible, shall not be a member of the 

Association. This .committee shall be directed to make such investigations as will enable it to determine whether this Code of Fair 

Competition has been violated in the bidding on the job in ques!ion. 

In the event the Committee of Review shall find that any such v10lation has occurred, their findings on the violation, together with a 

summary of the facts upon which they are based, shall be reported 
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to the local administrative committee or the Divisional Code Authority for such action as may be appropriate. Such findings and 

summaries shall be available to the Administrator. 

ARTICLE VII-MODIFICATION 

Subject to the provisions of sub-paragraph ( c) of Section 2 of 

subdivision B of Article IV of Chapter I hereof, the provisions of 

this Chapter except as to provisions required by the Act, may be 

modified on the basis of experience or changes in circumstances, such 

modifications to be based upon application to the Administrator and 

such notice and hearings as he shall specify, and to become effective 

on his approval. 

ARTICLE VIII-REGISTRATION 

Each member of this Division shall register with the Divisional 

Code Authority within thirty (30) days after the effective date of 

this Chapter. All who may engage thereafter in the Plastering and 

Lathing Contracting Division shall likewise register with the Divisional Code Authority. Registration of a member of this Division 

shall include the full name and mailing address of the member. An 

application may be made by the Divisional Code Authority to the 

Administrator for an extension of the time limit for the registration 

by any member of this Division if it appears that the time limit as 

provided herein might cause injustice or undue hardship to any 

member of this Division. 

ARTICLE IX-REVIEW OF ACTS OF DIVISION AL CODE AUTHORITY 

If the Administrator shall determine that any action of the Divisional Code Authority or any agency thereof may be unfair or unjust 

or contrary to the public interest, 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 (30) days' notice to him of intention 

to proceed with such action in its original or modified form. 

ARTICLE X-PRICE INCREASES 

Whereas, the policy of the Act to increase real purchasing power 

will be made more difficult of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price increases, except such as may be required to meet individual cost, 

should be delayed, but when made, such increases should, so far as 

reasonably possible, be limited to actual additional increases in the 

seller's costs. 

ARTICLE XI-EFFECTIVE DATE 

This Chapter shall become effective in this Division on the thirtieth (30th) day after its approval by the President. 

Approved Code No. 2·44-Supplement No. 14. 

Registry No. 1032-1-06. 

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