Approved Code No. 434 Registry No. 1618-A-02

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

RIVER AND HARBOR

IMPROVEMENT INDUSTRY

AS APPROVED ON MAY 18, 1934

MEMBER

U.S.

WE DO OUR PART

-TPfITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

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Approved Code No. 434

CODE OF FAIR COMPETITION

FOR THE

RIVER AND HARBOR IMPROVEMENT INDUSTRY

As Approved on May 18, 1934

ORDER

APPROvING CODE OF FAIR COMPETITION RIVER AND HARBOR

IMPROVEMENT 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 River and Harbor Improvement Industry, and hearings 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:

NOW, THEREFORE, on behalf 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 pertinent 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.

HUGH S. JOHNSON,

Administrator for Industrial Recovery.

Approval recommended:

GEO. L. BERRY,

Division Administrator.

JJTASIIINGTON, D.C.,

May 18, 1934.

60"78*--544-114-34 (239)
REPORT TO THE PRESIDENT

The PRESIDENT,

The White House.

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

River and Harbor Improvement Industry, revised after a public

hearing conducted in Washington on December 19, 1933, in accordance with provisions of the National Industrial Recovery Act.

THE INDUSTRY

Included in this Industry is dredging, submarine rock removal, land reclamation, marine and subaqueous work, and the maintenance

and improvement of rivers, harbors and waterways, when such operations are done by marine plant and organization.

PROVISIONS FOR HOURS AND WAGES

The Code provides for a maximum week of forty (40) hours with

the following exceptions:

(a) Upon approval of the National Industrial Relations Board, provided for in the Code, employees are permitted to work fortyeight (48) hours in any week in any of the following cases:

(1) On remote and inaccessible projects requiring camps or floating plants to board a majority of the labor employed;

(2) On projects of the type described in the preceding paragraph

(1), time lost on account o? inclement weather or unavoidable delays

in any one week, may be made up in the following four weeks;

(3) On projects where a sufficient amount of qualified labor is not

available;

(b) Employees engaged in executive, or supervisory work receiving thirty-five dollars ($35.00) or more per week;

(c) Employees engaged in emergency maintenance, or emergency repair work, and watchmen.

The Code establishes a minimum rate of forty (40) cents per

hour for laborers. Office and clerical employees will be paid minimum rates of from fourteen dollars ($14.00) to fifteen dollars

($15.00) per week, based on population differentials.

No person under eighteen (18) years of age shall be employed,

except persons over sixteen years of age may be employed as office

or mess boys. The Code pro-ides that no employer shall reclassify

employees for the purpose of evading the Act. It contains provisions for the adjustment of wages above the minimum, posting

the Code, and for payment of wages in regular periods.

The establishment of a National Industrial Relations Board,

with equal representation for employers and employees, is pro-

(240)
241

vided for to deal with disputes concerning and to seek compliance

with the labor provisions of the Code.

ECONOMIC EFFECT OF THE CODE

According to the statistical analysis of the Division of Research

and Planning, the total volume of work done decreased from

$160,000,000 in 1929 to $69,200,000 in 1933. Employees decreased

from 46,000 in 1909 to 35,000 in 1933-a much less decrease than

in many other industries.

The release of funds by the Public Works Administration will

do much to stimulate the industry and increase employment. The

establishment of a forty (40) hour week should increase the number of employees approximately twenty-five (25) percent in doing

the same relative volume of work as was done prior to signing the

President's Reemployment Agreement by this Industry.

The establislhnent of a minimum rate of pay and maximum

hours of work will measurably benefit workers and increase purchasing power. Generally, wages paid by this Industry have been

very fair and equitable.

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

(c) The Code as approved complies in all respects 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.

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

or monopolistic practices.
242

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

small enterprises and will not operate to discriminate against them.

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

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

For these reasons, therefore, I have approved this Code.

Respectfully,

HucH S. JOHNSON,

Ad inistrator.

MAY 18, 1934.
CODE OF FAIR COMPETITION FOR THE RIVER AND

HARBOR IMPROVEMENT INDUSTRY

PURPOSES

To effectuate the policies of Title I of the National Industrial Recovery Act, the following provisions are established as a Code of

Fair Competition for the River and Harbor Improvement Industry, and shall be the standard of fair competition for this industry

and shall be binding upon every member thereof.

ARTICLE I-APPLICATION

The provisions of this Code shall apply to the entire industry, as

hereinafter defined, excluding operations therein undertaken in accordance with bona fide contracts entered into prior to June 16, 1933. If any other code of fair competition or a provision thereof, heretofore or hereafter approved by the President, shall conflict

with this Code or with any provisions thereof, the Administrator may

hold such hearings as he may deem necessary and thereafter may, if

in his judgment justice requires, grant such stay, exception or exemption, or make such other determination as he may deem advisable

to effectuate the policies of the Act.

ARTICLE II-DEFINITIONS

SECTION 1. The term "River and Harbor Improvement Industry ", or " The Industry ", as used herein means and includes each

and all of the following operations, (including the use and operation

of tugs and launches employed as tenders in connection therewith),

when done by marine plant and organization:

(a) Dredging; b submarine rock removal, land reclamation by dredging, marine

and subaqueous work in rivers, harbors and waterways;

(c) maintenance and improvement of rivers, harbors and waterways; and

(d) such branches and subdivisions thereof as may be included

hereunder with the approval of the President.

SECTION 2. The term " employee " as used herein includes any

person engaged in the industry, however compensated, except a

member of the industry.

SECTION 3. The term "employer " as used herein includes anyone

by whom any such employee is so compensated or employed.

SECTION 4. The term " member of the industry " includes, but

without limitation, any individual, partnership, association, corporation or other agency or form of enterprise which undertakes,

whether by formal contract or otherwise, to direct, superintend,

coordinate or execute, any of the operations of the industry.

(243)
244

SECTION 5. The term "Association " as herein defined shall mean

the River and Harbor Improvement Association of the United

States.

SECTION 6. The terms " President ", "Act " and "Administrator 

as used herein shall mean, respectively, the President of the United

States, Title I of the National Industrial Recovery Act and the

Administrator for Industrial Recovery

SECTION 7. " Population " for the purposes of this Code shall be

determined by reference to the 1930 Federal Census.

ARTICLE IlI-OURS AND WAGES

SECTION 1. Howrs.-No employee shall be permitted to work in

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

twenty-four (24) hour period, with the following exceptions:

(a) On application of the interested parties and after approval

of the National Industrial Relations Board or Regional Boards

established by it, an employee may be permitted to work forty-eight

(48) hours in any week in any of the following cases:

(1) On projects located at points so remote and inaccessible that

camps or floating plants are necessary for the housing or boarding

of a majority of the labor employed;

(2) On projects of the type described in the preceding paragraph

(1), when working time has been lost because of inclement weather

or unavoidable delays in any one week, in which case such lost time

may be made up in the following four weeks;

(3) On projects in localities where a sufficient amount of qualified

labor is not available in the immediate vicinity of the work;

(b) Employees engaged in executive or supervisory work receiving compensation at the rate of thirty-five dollars ($35.00) or more

per week;

(c) Accounting, clerical, or office employees;

(d) Watchmen. who shall not be permitted to work in excess

of fifty-six (56) hours in any week or in excess of six (6) days in

any seven (7) day period, provided that there shall be no limitation upon the hours of watchmen housed on the work;

(e) The maximum hours provided in this Article shall not apply

to employees engaged in emergency maintenance or emergency repair work on floating equipment involving breakdowns, or the protection of life or property, but in any such special cases at least

time and one-half shall be paid for the hours worked in excess of the

daily and/or weekly maximum hours herein provided;

(f) When it is necessary to transfer plant equipment, materials

or employees between points requirinIg more than sixteen (16) continuous hours to effect the transfer, employees may be permitted to

work twelve (12) hours in any twenty-four (24) for the duration

of the transfer and the return trip; provided, however, that an

overtime rate of time and one-half the normal rate be paid for any

hours worked in excess of the maximum hours per day herein established. This exception shall apply only to vessels which are so

limited in size as to contain no accommodations for housing the

crew on three watch operations.

SECTION 2. flours for Cberica7 and OftIc Em ployees.-No accounting, clerical or office employee shall be permitted to work in excess
245

of forty (40) hours per week averaged over a consecutive four (4)

week period.

SECTION 3. Employment by Several Ev'bployers .- No employer

shall knowingly permit any employee to work any number of hours

which, when totaled with that already performed for another employer or employers in this industry, exceeds the maximum permitted

herein.

SECTION 4. 11ages.-

(a) Minim um Vages.-No employee, excluding accounting, office

and clerical employees, shall be paid at less than the rate of forty (40)

cents per hour, provided, however, that the provisions of this paragraph (a) shall not be construed as establishing a minimum rate of

pay for other than common or unskilled labor; and provided further

that such provisions shall not be construed to authorize reductions in

existing hourly rates of pay.

(b) 1inin-uln Salaries for Clerical and Of/ice Employce.-No accounting, office or clerical employee shall be paid less than at the rate

of fifteen dollars ($15.00) per week in any city of over 500,000 population or the immediate trade area of such city, nor less than fourteen

and a half dollars ($14.50) per week in any city of between 250,000

and 500,000 population, or in the immediate trade area of such city,

nor less than fourteen dollars ($14.00) per week in any city or town

of less than 250,000 population, or the immediate trade area of such

city or town.

(c) Payment of W'ages.-All wages due shall be payable on a regular periodical basis and at least semi-monthly, in lawful currency, or

by a negotiable check therefor payable on demand at par. These

wages shall be exempt from any payments for pensions. insurance or

sick benefits other than those voluntarily paid by employees. Employers and their agents shall accept no rebate either directly or indirectly on such wages, or give anything of value or extend favors to

any person for the purpose of influencing rates of wages or the

working conditions of their employees.

(d) Piecewo-rk Co'penation.-This Article establishes a minimum rate of pay regardless of whether an employee is compensated

on a time rate, piecework or other basis.

(e) Living Quarters and Sbsistence.-When living quarters and

subsistence are furnished by or at the expense of the employer, the

charge made for such accommodations and subsistence shall be in

accordance with applicable existing contract or agreement, or in the

absence of an applicable existing contract or agreement at such rates

as are prescribed or approved by the proper governmental agency or

agencies, and in any event, not more than one dollar ($1.00) per

calendar day. The minimum hourly rates of pay as defined in this

Article shall be computed before giving effect to any charge or deduction on account of the furnishing by or at the expense of the employer of any such living accommodations and subsistence.

(f) Within thirty (30) days after the effective date of this Code

(unless adjustment has been made theretofore) each employer shall

adjust all schedules of wages in an equitable manner in view of the

reduction of hours of employment, and preserve wage differentials

reasonably proportionate to those in effect prior to the effective date

of this Code.
246

ARTICLE IV-GENERAL LABOR PROVISIONS

SECTION 1. Provisions of the Act.-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 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 2. State Laws.-This Code shall not supersede any State, Federal or local laws imposing more stringent requirements on emplovers regulating the age or employees, wages, hours of work, or

health, fire or general working conditions than under this Code.

SECTION 3. ReClassifcation.-Employers shall not reclassify employees or duties of occupations performed by employees or engage

in any other subterfuge for the intent or purpose of defeating the

purposes of the Act. 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 4. Posting.-On and after the effective date of this Code

all employers shall post and keep posted in accessible places all provisions of this Code which affect hours of employment, rates of pay

and all other labor provisions.

SECTION 5. Standards for Safety and Health.-Every employer

shall make reasonable provision for the safety and health of his

employees during the hours and at the places of their employment.

Standards for safety and health and sanitary regulations, as well

as living conditions on board dredges, shall be submitted by the Code

Authority to the Administrator within six (6) months after the

effective date of this Code.

SECTION 6. Prison labor.-Employers shall not employ prison

labor in the execution of the work.

SECTION 7. Minimum age.-No person under eighteen (18) years of

age shall b employed in the industry, provided, however, that persons sixteen (16) years or over may be employed as office boys, mess

boys or water boys.

SECTION 8. Continue ity of Em ployment.-Employers shall administer work in their charge so as to procure the maximum practicable

continuity of employment for their employees.

SECTION 9. Complianee with. Established Labor Provisions.-Where

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 employer required to comply and

complying with the provisions so established shall be relieved of compliance with any conflicting provisions of Article III, or of any

actions taken in accordance therewith.

SECTION 10. Any employer required to comply and complying with

the provisions of a valid labor agreement in force on the effective
247

date shall be relieved to the extent of his legal obligations the

of compliance during the period of such agreement, with a

c

flicting provisions of Article III, or of any actions taken in 

ance therewith.

SECTION 11. Area Apeemenf8.-Standards as to the m

hours of labor, minimum rates of pay, and such other condi

employment as may be necessary to effectuate the policies of T

I

of the Act in the industry may be established for any area f

an existing district of the Corps of Engineers, United State

A

by mutual agreements arrived at and pursuant to the provi

Section 7 (b) of the Act, provided that the wage and hour pr

of such agreements shall not conflict with the wage and ho

p

visions established in this Code.

SECTION 12. Requirement of Subcotractors.-No member 

t

industry shall employ any subcontractor or other agency in 

tions within the industry requiring the services of laborers 

m

chanics on the site of the work unless such subcontractor 

agent shall affirmatively covenant to pay at least the est

minimum rate of wages herein provided for and work not m

t

the maximum hours of employment herein established.

ARTICLE V-ADMINISTRATION

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

be established a " Code Authority for the River and Harbor Im

ment Industry " (hereinafter referred to as " the Code Auth

composed of seventeen (17) members of the industry eligibl

u

the provisions of Section 9 of this Article, to be elected as fo

From each of the following seven Geographical Division

t

United States, established by the Corps of Engineers, United 

Army:

North Atlantic Division

South Atlantic Division

Upper Mississippi Division

Lower Mississippi Division

Gulf of Mexico Division

Pacific Coast Division

Great Lakes Division

one member shall be elected by the members of the industry i

t

division; in addition, eight members of the Code Authority 

b

elected by members of the industry from the United States 

l

and the President and Vice-President from time to time of th

A

ciation shall be members ex-officio of the Code Authority

A

member may appoint his own alternate or representative to 

f

him at meetings. The Administrator may appoint three non

members without of method be hereby (1) Voting subject the year Code designated of expense of each, members to election the the Authority provided Code t approval as of employed the an Authority the industry. agency for that Code of the the provision for Authority for to staggering Administrator. the act thelection as purpose imay his shall of be rpresentatives, of serve such made of such The arranging for terms, in membeAssoctermthe btift
248

original elections of members of the Code Authority and for any

other such elections not otherwise provided for in the by-laws of the

Code Authority.

SECTION 2. In the event of any vacancy in the membership of the

Code Authority a special election to fill the incomplete terms of such

members shall be called. Notice of the time and place of each election shall be sent by registered mail to all members of the industry

known to, or ascertainable after a diligent investigation by, the Association and eligible to vote thereat at least twenty (20) days in

advance of such election, and voting at such election may be by person, by proxy, or by letter ballot. Any vacancy in the Code Authority shall be filled in such manner as to preserve the representative

character fixed by Section 1 of this Article. Not more than one (1)

representative of the eligible members of the industry shall vote at

any election.

SECTION 3. In any one of the seven divisions, as defined in Section

1 of this Article, a divisional code authority, of which the member

of the Code Authority elected by the members of the industry within

that division shall be the Chairman, may be formed by the members

of the industry in such division, for the purpose of supervising and

administering this Code in such division under such powers and

duties as may be delegated to it by the Code Authority.

SECTION 4. In order that the Ciode Authority and the divisional

code authorities shall at all times be truly representative of the industry and in other respects comply with the provisions of the Act, the Administrator may provide such hearings as he may deem

proper; and thereafter, if he shall find that the Code Authority or

any divisional code authority is not truly representative or does not

in other respects comply with the provisions of the Act, may require

an appropriate modification in the method of selection of the Code

Authority or any divisional code authority.

SECTION 5. There shall be no future amendment of the constitution and by-laws of the Association which will tend to make the

organization not truly representative of the industry as herein defined or which will impose any inequitable restriction upon membership. The Association shall submit to the Administrator any amendments in its Articles of Association, by-laws, or regulations, if and

when adopted, and such other information as to its membership, organization and activities as the Administrator may require to

effectuate the purposes of the Act.

SECTION 6. Nothing contained in this Code shall constitute the

members of the Code Authority or of any divisional code authorities

partners for any purpose. Nor shall any member of the Code

Authority or of any divisional code authority be liable in any manner to anyone for any act of any other member, officer, agent, or

employee of the Code Authority or of any divisional code authority.

Nor shall any member of the Code Authority or of any divisional

code authority, exercising reasonable diligence in the conduct of his

duties hereunder, be liable to anyone for any action or omission to

act under this Code, except for his own wilful misfeasance or

nonfeasance.

SECTION 7. Powers and DIvmies of the Code AutoriLty.-The Code

Authority shall have, in addition to any other powers or duties
249

conferred upon it elsewhere herein, the following powers and 

to the extent permitted by the Act:

(a) It may establish by-laws or rules and regulations 

conduct of its affairs and may appoint such committees, a

and representatives and delegate to them such of its pow

duties as it may deem necessary for the proper discharge 

functions hereunder.

(b) To make from time to time to the Administrator any r

mendations which it deems desirable for modifications of o

tions to the Code, which recommendations upon the Adminis

approval and after such hearing as he may prescribe, shall b

a part of this Code and have full force and effect as pro

thereof.

(c) Subject to such rules and regulations as the Admin

may issue, to make investigations and surveys concerning th

tioning of and compliance with this Code, the observance 

provisions, including the collection of reports on hours of w

rates of compensation and other pertinent matters, whether 

request of the Administrator or otherwise, and to report its 

and recommendations to the Administrator whenever neces

required.

(d) To appoint a trade practice committee which shall me

the trade practice committees appointed under such other c

may be related to the industry for the purpose of formulati

trade practices to govern the relationships between employer

this Code and under such others to the end that such fai

practices may be proposed to the Administrator as amendm

this Code and such other codes.

SECTION 8. It being found necessary, in order to support 

ministration of this Code and to maintain the standards 

competition established by this Code and to effectuate the p

the Act, the Code Authority is authorized, subject to the appr

the Administrator:

(a) To incur such reasonable obligations as are necessa

proper for the foregoing purposes and to meet such obl

out of funds which may be raised as hereinafter provided and 

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

(b) to submit to the Administrator for his approval, su

such notice and opportunity to be heard as he may deem ne

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

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

to support such budget shall be contributed by menibers 

industry;

(c) after such budget and basis of contribution have been ap

by the Administrator, to determine and secure equitable contr

end, as above set forth by all such members of the industry, and own vided tion Code SECTION of name. if and i Section the necessary, contributing 9. members Only 8 hereof to members of to the insitute the shall Code expenses of be legal Authority the entitled inustry of proceedings to its or participate administration to complying receive therefor in the thwpb
250

of its voluntary activities or to make use of any emblem o

of the National Recovery Administration.

SECTION 10. Reports.-In addition to information requ

b

submitted to the Code Authority, all or any of the perso

to this Code shall furnish such statistical information as th

istrator may deem necessary for the purposes recited in Sec

of the Act to such Federal and State agencies as the Adm

may designate; and nothing in this Code shall relieve a

p

of any existing obligation to furnish reports to governmen

SECTION 11. National Industrial Relations Board.-The

established by the Administrator a National Industrial 

Board for the industry to deal with disputes concerning a

compliance with labor provisions of this Code. Such B

consist of an equal number of representatives of employer

ployees, who shall choose an impartial chairman, provide

such chairman cannot be agreed upon the Administrator m

the request of such Board, appoint the chairman. If no r

resentative labor organization exists, the employee membe

board may be nominated by the Labor Advisory Board o

tional Recovery Administration and appointed by the Adm

The employer representatives shall be chosen by the Code A

The Board may establish regional agencies, similarly form

existing district of the Corps of Engineers, United Stat

Pending adjustment of any dispute before such Board, o

r

agencies, such Board or Boards shall use their best end

prevent cessation of work on account thereof.

ARTICLE VI-APPEALS

SECTION 1. Any directly interested party shall have the r

complaint to the appropriate divisional code authority, 

prompt hearing and decision in respect of any decision, rul

r

tion, order or finding made by such authority, under such r

rules or regulations as may be prescribed by such auth

SECTION 2. In respect of any decision, rule, regulation, 

finding made by any divisional code authority, any directly 

party shall have the right of complaint to the Code Auth

of a prompt hearing and decision under such rules of proc

proper charges to cover cost of investigation and hearing 

prescribe.

SECTION 3. Any directly interested party shall have the r

appeal to the Administrator, subject to such rules and r

as he may prescribe, in respect to any decision, rule, regu

der or finding made by the Code Authority.

SECTION 4. The Code Authority shall be empowered to 

putes scribed ber officer, Cc of aeral between employee, the in this Delnitbo.-For industry Article divisional ARTICLE agent, who shall or code shall directly YI--TRADE all representative, knowingly constitute authorities, purposes of unfair PRACTICES or committees, indirectly, the practices. Code ther

use

or A
251

or permit to be employed, any of such unfair practices 

b

guilty of a violation of the Code.

SECTION 1. Secret Rebates.-No member of the indust

make any secret payment or allowance of rebates, refund

missions or unearned discounts, whether in the form of i

otherwise or secretly extend to certain purchasers special 

or privileges not extended to all purchasers under like ter

conditions.

SECTION 2. Commercial Bribery.-No member of the i

shall give, permit to be given, or directly offer to give, a

of value for the purpose of influencing or rewarding the ac

any employee, agent, or representative of another in relatio

t

business of the employer of such employee, the principal 

agent or the represented party, without the knowledge of s

-ployer, principal or party. This provision shall not be cons

t

prohibit free and general distribution of articles commonly u

advertising except as far as such articles are actually used 

mercial bribery as hereinabove defined.

SECTION 3. Subinitting Bids.-No member of the indust

submit competitive bids except in writing and signed by h

his authorized representative.

SECTION 4. Bid Peddling and Bid Shopping.-No membe

t

industry shall engage in " bid peddling " or " bid shopping 

similar unfair practice.

(a) Bid peddling in effect means the offering by the biddp

to the making of an award of a substitute bid or price lower t

one originally bid without a commensurate decrease in the r

ments of the job.

(b) Bid shopping in effect means the effort on the part

awarding principal or owner, or his agent, to induce a bidd

p

to the making of the award to lower his original bid price 

a commensurate decrease in the requirements of the job.

SECTION 5. Revision of Bids.-No member of the indust

encourage or attempt to induce the owner or his agent to re

b

and readvertise in order that such member may revise his 

bid or offer.

ARTICLE VIII-ONoPoLIEs

No provision of this Code shall be so applied as to permit m

olies or monopolistic practices, or to eliminate, oppress, or d

nate against small enterprises.

ARTICLE IX-MODIFICA TIONS

SECTION 1. This Code and all the provisions thereof are e

by made provisions time lation out approval him limitation, to subject issued in cancel of any his of under Sub-section to approval thereof. or tothe provisions modify the Title right right I any (b) of of of the the of order, the this Section said President, President Code approval, Act 10 or any and ofto in the specifically, license, cancel accordance conditions Act, or rule from mob

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UNIVERSITY 

252 3 1262 08

SECTION 2. This Code, except as to provisions required by 

may be modified on the basis of experience or changes in 

stances, such modifications to be based upon application 

Administrator and such notice and hearing as he shall specify

become effective upon his approval.

ARTICLE X-REIEW OF ACTS OF CODE AUTHORITIES

If the Administrator shall determine that any action of th

Authority or any agency thereof may be unfair or unjust or c

to the public interest, the Administrator may require that such 

be suspended to afford an opportunity for investigation of the 

of such action and further consideration by the Code Autho

agency pending final action which shall not be effective un

Administrator approves or unless he shall fail to disapprov

thirty days' notice to him of intention to proceed with such 

in its original or modified form.

ARTICLE XI-EFFECTIVE DATE

This Code shall become effective on the thirtieth (30th) da

its approval by the President.

Approved Code No. 434.

Registry No. 1618-A-02.

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