488- B1 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

CONSTRUCTION INDUST1RY 

AS SUBMITTED ON AUGUST 25, 1933 

The Code for the Construction Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

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

v 

CODE OF FAIR COMPETITION FOR THE CONSTRUCTION 

INDUSTRY 

To effectuate the policy or policies of Title I of the National 

Industrial Recovery Act during the p~riod of the emergency, to 

induce and maintain the united action of all elements of the Construction Industry under adequate governmental or private sanctions and supervisions, to eliminate unfair competitive practices and 

to advance the public interest, to reduce and relieve unemployment, 

to improve standards of labor and living, and otherwise to rehabilitate the Construction Industry, the following provisions are established as a Code of Fair Competition for the Construction Industry. 

1. DEFIINITIONS 

The term "Construction Industry" as used herein is defined to 

mean the designing, the constructing, and the assembling, installing, 

and applying of manufactured parts and products of (a) building 

structures, including modifications thereof and fixed accessories 

thereto, intended for use as shelter; and (b) fixed structures and 

other fixed improvements and modifications, flood control and waterpower development, reclamation, and other similar services required 

for the public welfare; and the term " Construction Industry " is 

further defined to include all persons who perform such functions, 

including without limitations those persons commonly known and 

sometimes defined by law, as architects, engineers, contractors, and 

sub-contractors. The term " person " as used herein is taken to 

mean a natural person, partnership, company~ trust, trustee in bankruptcy, association, corporation or agency. The term "employers" 

shall mean all persons who employ labor in the conduct of any branch 

of the Construction Industry as defined above. The term "employees" shall mean all persons employed in the conduct of any 

branch of the Construction Industry as defined above. 

2. PROVISIONS INCORPORATED FROM NATIONAL INDUSTRIAL RECOVERY 

AcT 

(a) 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. 

(b) 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. 

9105-33 (1) 
(c) Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment, approved 

or prescribed by the President. 

( d) This Code and all provisions thereof are expressly made subject to the right of the President in accordance with the provisions 

o:f Section 10 (b) of the National Industrial Recovery Act from 

time to time to cancel or modify any order, approval, license, rule, 

or regulation issued with respect hereto under Title I of said Act. 

3. MrNIMUl\I \V AGES 

Employers in the Construction Industry shall pay wages-

( a) Not less than the minimum rate of wages for unskilled labor 

hereby e tablished which shall be not less than forty cents ( 40¢) per 

hour unle s the hourly rate for the same clas of work on July 15, 

1929, was le than forty cent ( 40¢) per hour in which case the 

hourly rate hall be not le s than that of July 15, 1929, and in no 

event le s than thirty cent (30¢) per hour, and further1nore, in any 

event, 

(b) Jot less than the mininuun rate of wages for accounting, 

clerical, or office employees hereby e tablished as follows: $15 per 

week in any city of over 500,000 population, or in the im1nediate 

trade area of such city; $14.50 per week in any city of between 

250,000 an l 500,000 population, or in the immediate trade area of 

such city; $14 per week in any city of between 2,500 and 250,000 population, or in the immediate trade area of such city; and $12 per 

week in towns of less than 2,500 population. Population shall be 

determined by the 1930 Federal census. 

( c) Nothing herein contained shall be construed to apply to employees whose rates of wages are established for specific projects by 

competent governmental authority in accordance with law or with 

rates of wao-es e tablished by contract now in force. 

4. MAXIMUM HOURS 

Employers in the Construction Industry shall not employ any 

employee-

(a) In excess of the maximum average of thirty-five (35) hours 

2 week during a six months' calendar period, or forty-eight ( 48) 

hours in any week in such period, or eight (8) hours in any one day, 

excluding employees engaged in professional, executive, administrative, or supervisory work; those engaged in cases of emergency work 

requiring the protection of life or property, and those in establishments emplo3 ing not more than two persons in towns of less than 

2,500 population, which towns are not part of a larger trade area. 

Population shall be deterrn.ined by the 1930 Federal census. 

(b) Employers shall not employ accounting, clerical, or office employees in any office or in any place or manner for more than forty 

(40) hours in any week, excluding employees in managerial or executive capacities and those in establishments employing not more than 

two per ·on in town of le s than 2,500 population which towns are 

not part of a larger trade area. Population shall be determined by 

the 1930 Federal cen us. 
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(c) Nothing herein contained shall be construed to apply to employees whose hours of labor are established for specific projects by 

competent governmental authority acting in accordance with law or 

with hours of work established by contracts now in force. 

4-A. AREA AGREEMENT FOR HoURs AND WAGES 

Minimum rates of wages and maximum hours of labor may be 

established nationally or for a region or locality by mutual agreements reached through bona fide collective bargaining between truly 

representative national, regional, or local groups of employers and 

employees. In no event shall such minimum rates of wages be less 

than those established in Section 3 hereof, nor in any event shall 

such maximum hours of labor be more than those established in 

Section 4 hereof, excepting such minimum rates of wages and such 

maximum hours of labor as are established for specific projects by 

competent governmental authority acting in accordance with law. 

5. MINIMUM AGE 

An employer in the Construction Industry shall not employ any 

minor under the age of sixteen (16) years or under any greater age 

specified by law or competent governmental authority. 

6. AMENDMENTS 

Amendments to or revisions of this Code may be proposed by 

the National Administrative Committee or any national trade association or professional body representative of any recognized functional division within the Construction Industry and when approved 

in accordance with the provisions of the National Industry Recovery 

Act shall become binding upon the Construction Industry. 

'7. AnMINISTRA TIVE COMMITTEE 

To effectuate the purposes of this Code and of the National Industrial Recovery Act and to provide for administration and coordination within the Construction Industry, there is established a 

"National Administrative Committee" which shall consist of the 

Policy Committee of the Construction League of the United States, 

as that committee is from time to time constituted, and three nonvoting members to be appointed by the Administrator of the National 

Industrial Recovery Act. This committee shall have authority to 

esablish such subcommittees and state, regional, or local c01nmittees, 

subcommittees or agencies with such delegated powers, as it may 

deem necessary, and this committee may at any time and from time 

to time require of any employer, trade association, or professional 

body in the Construction Industry any information relating to wages 

of employees 7 hours of labor, or other conditions of or in the Construction Industry pertaining to the provisions or the operation of 

this Code, and may, and at the request of the Administrator shall, 

from time to time present to him such information or reports as 

he may require· and thi committee may, and at the request of the 
4 

Admini trator shall, present to him such recommendations, as to 

conditions in the Construction Industry as they may develop, as he 

may specify, together with such other recommendations as in the 

opinion of the committee may tend to effectuate the operation of the 

provisions of this Code or any supplemental code proposed or made 

a part of this Code or the policy of the National Industrial Recovery 

Act. 

8. SuPPLEl\IE TAL ConEs 

It i intended that this Code for the Construction Industry shall 

be amplified and expanded by supplemental codes prepared and proposed by trade or industrial associations or professional bodies within 

the Construction Industry representative of the various functions of 

the Construction Industry or subdivisions thereof. Such supplemental codes shall so far as po sible, and subject to the general 

approval of the Admini trator, be administered by administrative 

committees or agencies therein respectively established. Such administrative committees so established shall have the power to hear 

and to recommend adjustments or reconciliations of any controversy 

between or complaint made by any employers or associations thereof, 

who shall be subject to the provisions o:f any such supplemental code 

or codes. In the event that any such adjustments or reconciliations 

so recommended shall not be accepted by such employer , or associations thereof, such administrative committees shall, at the request of 

any party directly concerned, refer any such controversies or complaints to the National Administrative Committee hereinabove 

established, for appropriate adjustment by it. In the event that the 

adjustment or reconciliation recommended by the National Administrative Committee shall not be accepted by any party to the controversy or cam plaint, the National Admini trative Committee shall, 

at the request of any party directly concerned, refer the matter to 

the Administrator who, at his option, may hear and determine any 

such controversy or complaint. Any adjustment or reconciliation 

of any such controversy or complaint determined by the Administrator shall be final and shall bind the employers or associations 

thereof, involved in any such controversy or initiating any uch 

complaint. 

It is the spirit of the foregoing provi ions that, so far as possible, 

controversies or complaints arising within any of the functional 

groups or subdivisions of the Construc6on Indu try covered by a 

supplemental code shall be fully determined and adjusted by the 

administrative committees or agencies e tablished in such supplemental code, and that, whenever the adjustments or reconciliations 

recommended by uch administrative committees or agencie are 

consistent with reasonable compr01nise, recourse shall not be had or 

appeal made to the National Administrative Committee or to the 

Administrator. 

Any such suplemental codes submitted by such functional groups 

or subdivisions of the Construction Industry shall provide for minimum rates of pay not less than and for maximum hours of work not 

more than the limitations established therefore in this Code. 

Supplemental codes prepared by national trade associations or 

profes ional bodies within the Construction Industry may be sub-
5 

mitted to the National Industrial Recovery Administrator by the 

National Administrative Committee herein established when consistent with this Code and other rules and regulations promulgated 

by the President and when within the spirit and purpose of the 

National Industrial Recovery Act, but nothing herein contained shall 

be construed to prevent a trade association or other representative 

group or body within the Construction Industry from submitting a 

•code directly to the National Industrial Recovery Administration. 

9. ADJUSTMENTS 

In the event that any buyer subject to this Code shall have 

-contracted before June 16, 1933, to purchase goods, structures, or 

parts thereof at a fixed price for delivery during the period of the 

President's Reemployment Agreement, he shall make an appropriate 

adjustment of said price to meet any increase in cost to the seller 

caused by the seller's having signed the President's Reemployment 

Agreement or having bec01ne bound by any code of fair competition 

approved by the President; provided, however, that in view of the 

-fact that construction operations customarily involve the furnishing 

of various goods and structures, or parts thereof by a continuous 

.series of independent long-term contracts and agreements at fixed 

prices between various parties, such as owners (including governmental departments), builders, contractors, subcontractors, and 

others, such adjustments shall be contingent upon similar appropriate 

adjustments to be made by all other parties thus participating, from 

and including the initial vendor of such goods and structures or 

parts thereof to and including the owner of the works or structure 

upon which they are used. 

10. Bro PEDDLING PROHIBITED 

No one in the Construction Industry shall be a party to the unfair 

practice commonly known through the indusry as "Bid Peddling." All supplemental codes before receiving the approval of the 

N ationa.l Administrative Committee shall contain provisions to 

~mf orce this rule. 

11. ADMINISTRATIVE EXPENSE 

All employers and persons as defined in this Code shall bear their 

-equitable share of the expense incident to the ad.111inistration of this 

Code of Fair Competition under such rules and regulations as may 

be approved by the President under Section 10 (a) of Title I of the 

National Industrial Recovery Act. 

12. EFFECTIVE DATE 

This Code shall become effective on approval by the President of 

·the United States and shall be applicable to all construction work 

undertaken pursuant to contracts entered into or otherwi e com- 1nenced after such approval date. 

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UNIVERSITY OF FLORIDA 

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