Approved Code No. 244-Supplement No. 2 Registry No. 618-05 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

PAINTING, PAPERHANGING 

AND DECORATING 

INDUSTRY 

(A Division of the Construction Industry) 

AS APPROVED ON MARCH 12, 1934 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PA.~1'. 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1934 

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For sale by the S uperintende n t c f Docum ents, Washing ton, D.C. - - - - - - - - Price 5 ce nts 

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This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D.C., and by district offices of the Burea11 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, l\Iich.: 01 First National Bank Building. 

Houston, Tex. : Chamber of Commer~e Building. 

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Jacksonville, Fla.: Chamber of Commerce Building. 

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Approved Code No. 244-Supplement No. 2 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

PAINTING, PAPERHANGING AND DECORATING 

INDUSTR.Y 

As Approved on l\1arch 12, 1934 

BY 

PRESIDENT ROOSEVELT 

EXECUTIVE ORDER 

SUPPLEMENTARY ConE OF FAIR COMPETITION FOR THE PAINTING, 

PAPERHANGING ,\ND DECORATING I JDUSTRY 

A DIVISION OF THE CONSTRUCTION INDUSTRY . An application having be n duly mad , pursuant to and 111 full 

compliance with the provis1ons of Title I of the National Industrial 

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

compliance with the provi. ions 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 Chapter III 

of said Code, which Chapter III is applicable to the Painting> 

Paperhanging and Decoratin°· Divi~ion of the Construction In, 

du try, and hearings having been held thereon, and the Administrator 

having renclerea his report containing an analysis of said Chapter 

III and of aid Code of Fair Competition a modified by the addi, 

tion thereto of aid Chapter III, too-ether with his recommendations 

and findings with respect thereto, and the Administrator having 

found that the aid Chapter III and the said Code of Fair Competition, as modified by the addition thereto of aid Chapter III, 

comply in all respects with the pertinent provisions of Title I of 

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

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

OW, THEREFORE, I , Franklin D. Roo evelt, President of 

the United States, pur uant to the authority ve ted 111 me by Title I 

of the National Indu trial Recovery Act, approved June 16, 1933, 

and otherwise, do adopt and approve the report, recommendations 

and findings of the. Admini trutor and do order that the . aid C'hap4597:!0-425- 67--34: (1) 
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ter III be and it is herebl approved, and that the previous approval 

of said Code of Fair Competition for the Con truction Industry 

is hereby modified to include an approval of aid Code in its entirety 

as modified by the addition thereto of said Chapter III. 

Approval recommended: 

HUGH s. JOHKSOX, 

Admirii-strator. 

THE "'iV HITE HousE, 

111 m·ch 1B, 1934. 

FRANKLIN D. ROOSEVELT. 
LETTER OF TRANSMITTAL 

The PRESIDENT, 

The White House. 

Srn: This is a report on the Painting, Paperhanging and Decorating Chapter of the Code of Fair Competition for the Construction 

Industry which was approved by you on January 31, 1934, and which 

is described as Chapter I. 

This Chapter is a revision after public hearings conducted in 

vVashington on September 6, 1933 and November 20, 1933, which 

hearings were conducted in accordance with the provisions of the 

National Industrial Recovery Act. This Chapter amplifies Chapter 

I but applies specifically to Painting, Paperhanging and Decorating. 

THE INDUSTRY 

The Painting, Paperhanging and Decorating contractors are of 

major importance in the Construction Industry, in the original construction and also do a great deal of maintenance and rehabilitation. 

The types of their w_ork are described by the title. 

PROVISIONS FOR HOURS A D WAGES 

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

Chapter I of the Con truction Code as approved by you on January 

31 1934 are applicable to this Code. 

ECO:NOl\IIC EFFECT OF THE CODE 

The Industry gave direct employment to approximately 458,000 

in 1930. It is reasonable to suppose that with the prohibition of 

unfair trade practices and the establishment of uniform rates of pay 

and hours of work, that better conditions will prevail in this Industry 

and that employer , employees and the public will be benefited. 

FINDINGS 

The Deputy Administrator in his final report to me on said 

Painting, Paperhanging and Decorating Chapter of the Code of Fair 

Competition for the Construction Industry, as modified by the addition thereto of said Painting, Paperhanging and Decorating Chapter, having found a herein set forth and on the basis of all the 

proceedings in this matter : 

In find that : 

(a) Said Paintinf;-., Paperhanging and Decorating Chapter and 

aid Code of Fair Competition for the Construction Industry, 9-8 

modified by the addition thereto of . ail Painting, Paperhanging 

and Decorating Chapter, is well de igned to promote the policies and 

(~) 
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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 the 

trade group ·, by inducino- and maintaining united action of labor 

and management under a~equate govermnental sanction and supervision, by eliminating unfair competiti-re practice , by promoting the 

:fullest possible utilization of the present productive rapacity of 

indu tri0 , by aYoiding undue re triction of production ( except 

as may be temporarily r quired), by increasing the con umption of 

indu -trial and agricultural products through increasing purcha ing 

power, by reducing and relieving unemployment, by improving 

standards of labor, and by otherwise rehabilitating industry. 

(b) Said Painting, Pai erhanging and Decorating Chapter and 

the Code of Fair Competition for the Constrn tion Industry, as 

rr10dified by the addition thereto of said Painting, Paperhanging 

and Decorating Chapter, a approved, complie in all re pects with 

t~ie _p er.tinent pro~i ions of ~aid ~itle of said A?t, includin~ wi~hout 

hm1tat10n ub~ection (a) of Sect10n 3, Subsection (a) of Section 7, 

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

association i an industrial association truly representative of the 

afore aid Industry; and that said association imposes no inequitable 

restrictions on admission to member hip therein. 

( c) Said Paintino·, Paperhanging and Decorating Chapter and 

the Code of Fair Competition for the Construction Indu try, as 

modified by the addition thereto of said Painting, Paperhanging 

and Decorating Chapter, is not lesigned to and will not permit 

monopolies or monopolistic practice . 

( cl) Said Painting, Paperhanging and Decorating Chapter and 

the Code of Fair Competition for the Construction Industry, as 

modified by the addition thereto of said Painting, Paperhanging 

and Decorating Chapter, is not cl ~igned to and will not eliminate or 

oppre s mall enterpri es and will not operate to discriminate against 

them. 

( e) Tho e engaged in other tep of the economic process have 

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

Painting, Paperhanging and Decorating Chapter and cf aid Code, 

as modified by the addition thereto of this Painting Par erhanging 

and Decorating Chapter thereof. 

For the e reasons, therefore, I recommend approval of said Painting, Paperhanging and Decorating Chapter and said Code, as modified by the addition thereto of said Painting, Paperhanging and 

Decorating Chapter thereof. 

Respectfully, 

MARCH 10, 1934. 

Hum-1 S. JoH soN, 

Adniinistrator. 
CHAPTER III 

PAINTING, PAPERHANGING AND DECORATING DIVlSION OF THE CONSTRUCTION INDUSTRY 

ARTICLE I-DEFI TITIONS 

SECTION 1. The term "Painting, Paperhanging and Decorating 

Division" or "this divi ion", as used herein, includes the service of 

painting, wood.finishing, paperhanging, and decorating and prepar- atory work incidental thereto, and such branches or subdivisions 

thereof as may from time to time be included under the provisions 

of this chapter. 

(a) The service of painting and/ or woodfinishing mean the 

application of all paint, wood.finishing and painting materials of 

every description in and on all parts of new or old buildings and 

structures of every kind. 

(b) The service of paperhanging and/ or decorating means the 

application and/ or installation of wallpapers, hangings and decorative materials of every kind or description applied directly to the 

surface in or on buildings of all kinds. 

SECTION 2. Home-owners and householders, including farmers, 

shall not be deemed to be included within the definition contained in 

Section 1 in their performance individually or by their pennanent 

servants or other help of like character on their home premises of 

any services described in such definition ; nor shall any such person, 

or any building owner or tenant, performing such services by his 

permanent employees and not for hire on or in buildings or structures owned or occupied by him be deemed to be included in such 

definition. 

The term ' permanent employees" as used in this section means 

and includes any employee who js given regular and continuous 

employment for a period of not le s than (6) six months. 

ARTICLE II-W .AGES HOURS AND CONDITIONS OF EMPLOYMENT 

SECTION 1. The following are exempt from the provisions of Section 2, of Article III of Chapter I of this Code relating to maximum 

hours: 

(a) Out ide ale men and out ide estimators. 

(b) Executive, administrative or supervisory employees who~,e 

fixed salaries are in excess of thirty-five dollars ($35.00) per week. 

Supervisory employees are defined as those who perform. no manual 

work. 

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

fifty-six ( 56) hour in any week or in exce s of six ( 6) days in any 

week. 

(5) 
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SECTION 2. (a) "\Vages clue shall be payable weekly in lawful currency or its equivalent in the form of a negotiable check, payable at 

par. 

(b) Employers and their agents shall accept no rebates, either 

directly or indirectly on such wages, nor give anything of Yalue or 

extend faYors to any per on for the purpoc::e of influencing rates of 

wages of their employees. SECTION 3. Any employer shall be subject to the applicable maximum hourly limitations provided in this Code in the performance 

by him of manual labor or mechanical occupation customarily 

performed by employee . SECTION 4. Every employer shall make rea onable provision for 

the afoty ancl health of his employees at the place and during the 

hours of their emplo} ment. Standards for safety an 1 health hall 

be submitted by the Code Authority to the Administrator within 

three (3) month after the effectiYe date of this Code. 

SECTION 5. "\Vithin thirty (30) days of the approval of this Code, 

all employer , subj ect to it · conditions shall post in a conspicuous 

place in their respectiYe ·hops and other places they are doing 

work complete copie of hapter I-General Provision for the 

on truction Inclu t ry and of this Chapter of this Code. 

\.nTICLE III-AmurNr TilATION 

SECTION 1. A DiYi ional Code Authority is hereby constituted to 

administer thi Cod ,Yithin this DiYi ion. The DiYi ional Code 

Authority shall con ist of ten (10) indiYiduals, or such other number 

as may be approved from time to time by the Administrator. 

Seven (7) member of the Divi ional Code Authority shall be 

member or representative of the International Society of Master 

Painters and Decorator , Inc., appointed by the Executive Board of 

said Society, to ~erYe for terms of not more than one (1) year. 

The three (3) remaining members of the Divi ional Code Authority shall be initially selected by the aid ExecutiYe Board of the 

c::aicl Society from member of this Divi ion who are not members 

of the. aid Society, each of aid three (3) initially selected members 

t o be approved by the Admini trator and to serve for a term of not 

more than one (1) year, or until he or hi successor shall have been 

selected, by a method of selection atisfactory to and approved by the 

Admini trator, by the members of this DiYi ion who are not then 

member of the aid Society. SECTION 2. In addition to the powers and clutie conferred upon 

it, pursuant to Section 2 of Subdivi. ·ion B of Article IV of Chapter 

I of this Code the Dfri ·ional Code Authority shall be empowered: 

(a ) To make recommendation to the Admini trator for the coor lination of proYision of this Chapter, and its administration, with 

the provision and admini tration of any other code of :fair 

competition that may be related to this Division or its members. 

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

of any N.R.A. in ·ignia olely by tho e members of this division who 

have assented to, and are complying with the provi ions of this Code 

as it ap1 lie wjthin t hi · divi ion. 
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ARTICLE IV-FAIR TRADE PRACTICE RJWULATIONS 

SECTION 1. The following provisions are adopted as rules of fair 

trade practice for member· of this divi ion, and any violation of 

said rules shall constitute an unfair method of competition and a 

violation of this Code : 

(a) No member of this division c::hall sell goods or render services 

at a price which is below the reasonable estimate of the sum of the 

following items of cost : 

1. Materials 

2. Labor 

3. Job Expense 

4. General Overhead 

The labor item of cost shall include, in respect of labor services or 

operations performed by any individual member of this division, or 

any combination or association of such individual members, a charge 

computed at not less than the minimuin rate of wage established in 

or pursuant to this Code as applicable to the performance of such 

services or operations by employees. 

Job expense shall include all costs which can properly be cha.rged 

directly to individual job such as transportation and delivery of 

materials, men and equipment; compensation and public liability 

insurance; code administration expenses chargeable to the job; and 

an appropriate allowance for the depreciation of special scaffolding 

and equipment (brushes, dropcloths, etc.). 

General overhead shall include office rent and expense, all depre- ciation on equipment not included in job expense, determined on the 

federal income tax basis, supervision, unassignable transportation 

expense, and other actual expenses not directly chargeable to job. It 

shall not include pro-fit, accounting losses, selling and administration 

expense, any return on invested capital, or interest on borrowed 

money. 

The Divisional Code Authority, with the approval of the Administrator, shall determine the lowest reasonable percentage of overhead costs during the period :from 1927 to 1932, which percentage 

shall be used in the formula specified above. Until such time as this 

percentage of overhead be determined, it shall be assumed at ten 

percent (10% ) of labor, material and job expense-

(b) No member o:f this division shall produce or deliver products 

or complete contracts, which do not conform to specifications, sam- ples submitted, or representations made prior to securing the orders, 

without the consent of the purchasers. 

( c) No member of this division shall make any secret payment 

or allowance of rebates, refunds, commissions or unearned discounts, 

whether in the fonn of money or otherwise or secretly extend to 

certain purcha ·er special ervices or privileges, not extended to all 

purchasers under like terms and conditions. 

(d) No member of thi divi ion 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_ re~ation to the bu iness of the employer of such employee, the principal of such agent or the represented party, without 

the knowledge of such employer, principal or party. Commercial 
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bribery provisions shall not be construed to prohibit free and general 

distribution of articles commonly used for advertising except as far 

as such articles are actually used for commercial bribery as hereinabove defined. 

( e) Where accurate estimates, sketches, designs or plans are desired 

for information only, a reasonable fee or fees shall be charged to the 

parties receiving them. 

(:f) No member of the division shall sublet (whether by the practice 

known as "lumping" of labor or otherwise) to any journeyman or 

other employee, the labor services required by any contract for wotk 

within this division. 

ARTICLE V-REFERENCE TO PROVISIONS OF CHAPTER I 

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

set forth in Sections 1 and 6 respectively of Article VIII of 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 VI-REVIEW OF ACTS OF THE Co DE 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 days' notice to him of intention to proceed 

with such action in its original or modified form. 

ARTICLE VII-MODIFICATIONS 

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 basis of 

experience or changes in circumstances, such modifications to be 

based upon application to the Administrator and such notice and 

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

ARTICLE VIII-EFFECTIVE DATE 

This Code ( Chapter I and this Chapter) shall become effective 

within this Division on the tenth (10th) day after the approval of 

this Chapter by the President. 

Approved Code No. 244-Supplement No. 2. 

Registry No. 618--05. 

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UN IVERSITY OF FLORIDA 

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