Approved Code No. 123 Registry No. 1013-1-03 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

STRUCTURAL 

CLAY PRODUCTS INDUSTRY 

AS APPROVED ON NOVEMBER 27, 1933 

BY 

PRESIDENT ROOSEVELT 

'WE DO_OUR PAln" 

1. Executive Order 

2. Letter of Transmittal 

3. Code 

UNITED ST ATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

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

V 
This publicativn is for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D.C., and by district offices of the Bureau of 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga. : 504 Post Office Building. 

Birmingham, Ala.: 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

Charleston, S.C.: Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. ► Detroit, Mich. : 2213 First National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, l\Io. : 1028 Baltimore A venue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

M mphis, Tenn.: 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

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

New York, N.Y.: 134 Customhouse. 

Norfolk, Va. : 406 East Plume Street. 

Philadelphia, Pa. : 933 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 809 Federal Building. 
Approved Code No. 123 

CODE OF FAIR COMPETITION 

FOR THE 

STRUCTURAL CLAY PRODUCTS INDUSTRY 

As Approved on November 27, 1933 

BY 

PRESIDENT ROOSEVELT 

Executive Order 

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 my approval of a Code 

of Fair Competition for the Structural Clay Products Industry, 

and hearings having been held thereon and the Administrator having 

rendered his report containing an analysis of the said code of fair 

competition together with his recommendations and findings witn 

respect thereto, and the Administrator having found that the saicl 

code of fair competition complies 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: 

NOW, 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 approve the report and recommendations and adopt 

the findings of the Administrator and do order that the said coda 

of :fair competition be and it is hereby a pp roved. 

Approval recommended: 

HUGH S. JOHNSON' 

Administrator. 

THE WHITE HousE, 

November f7, 1933. 

23772°-244-91-33 

FRANKLIN D. ROOSEVELT. 

(197) 
NOVEMBER 8, 1933. 

The PRESIDENT, 

The White House. 

Sm: This is a report on the proposed Code of Fair Competition 

for the Structural Cla.y Products Industry, and on the public hearing conducted thereon in Washington, D.C., on August 22 and 23, 

1933, in accordance with the provisions 0£ the National Industrial 

Recovery Act. 

GENERAL STATEMENT 

Four branches of this industry, producing primarily common 

brick, face brick, paving brick and structural clay tile, have cooperated and participated through a joint committee of the industry, 

in the submission 0£ the proposed Code. 

The industry has suffered severe shrinkage since 1925, its peak 

year in total value of product, with an output valued at 334 n1illion 

dollars. In each year since 1925, value of output has decreased, in 

1932 being 56 million dollars. It appears that the industry in 

1932 afforded employment to 29 percent of the workers employed 

in 1927. About 101,000 workers were reported in 1927, but only 

29,500 in 1932. Number of plants declined from 1846 in 1927 t.o 

1085 in 1932, as reported by the Division of Economic Rese:1rch 

and Planning. 

HOURS AND WAGES 

A 36-hour week is established for all plants in the industry. 

The wages provided range from 371⁄2¢ per hour in northern states 

to 24¢ per hour in the deep south. Rates of 35, 30, 27, and 25 cents 

per hour are established in intermediate states, according to their 

location and the economic situation of the industry, thus providing 

a gradual differential between wage rates in extreme north and 

south. 

On account of the seasonal nature 0£ much 0£ the work in the 

industry, and to permit a fair living wage :for those employees that 

can be used to satisfy the present limited demand for industry products, the 36-hour week may be ayeraged over a six-months' period, 

the maximum being limited to 48 hours in any one week. 

Child labor is prohibited, and the industry undertakes to adjust 

wages above the minimum provided in the proposed Code, to continue 

existing differential. 

ECONOl\IIC EFFECT OF THE CODE 

At present this industry is operating on a c::chedule of about 37 

hours 1Jer week. vVith the 36-hour week proposed a slight increase 

in employment should be possible. But with the necessity of a living 

(108) 
199 

wage, the reemployment of 1929 workers must necessarily await 

greater activity in the various construction indu tries. The most important economic effect of the Code, therefore, is the 

opportunity it should provide for self-government and for the working out of corrunon employment and trade problems by the several 

groups. These groups, as represented by the American Face Brick 

Association, the Brick Manufacturers Association of America, the 

National Paving Brick Association, and the Structural Clay Tile 

Association, have in the past worked to a great extent independently 

of one another, although each has been active since 1919 or earlieiin promotion and research for the benefit of its members and of the 

consuming public. The propo ed Code is fair to Industry, to Labor and to the 

Consumer, I believe, and in accordance with the intent and purpose 

of the National Industrial Recovery Act. 

I find tha.t: 

(a) The Code as recommended complies in all respects with the 

pertinent provisions of Title I of the Act, including without limitation, subsection (a) of Section 7 and subsection (b) of Section 10 

thereof; and that 

(b) The applicant group imposes no inequitable restrictions on 

admission to membership therein and is truly representative of the 

Structural Clay Products Industry ; and that 

( c) The Code as recommended is not designed to promote monopolies or to eliminate or oppress small enterprises and will not operate 

to discriminate against them, and will tend to effectuate the policy 

of Title I of the National Industrial Recovery Act. 

Accordingly, I hereby recommend the approval of this proposed 

Code of Fair Competition for the Structural Clay Products 

Industry. 

Respectfully, 

HuoH S. JoHNSoN, 

A dm,vnistrator. 
CODE OF FAIR COMPETITION 

FOR THE 

STRUCTURAL CLAY PRODUCTS INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act the :following provisions are submitted as A Code of 

Fair Competition for the Structural Clay Products Industry, and 

upon approval by the President shall be the standard of fair competition for such industry and shall be binding upon every member 

thereof. 

ARTICLE II-DEFINITIONS 

lndusfry.-The term "Industry", as used herein, means and includes manufacturers who produce in the United States and sell 

common brick, face brick (including glazed and enameled brick), 

structural clay tile (including glazed tile), paving brick, and clay 

or shale granules, and may further include any other related groups 

that with the approval of the Administrator may elect to operate 

under this Code. 

Branch.-The terrn "branch", as used herein, includes any one 

of the following branches of the industry-common brick, face brick, 

paving brick, structural clay tile. 

R egion.-The term "region", as used herein, includes any major 

territory established with definite boundaries by any one of the 

several branches of the industry for the purposes of administering 

this Code. 

Division.-The terrn "division", as used herein, includes any subdivision of any region also established with definite boundaries. 

Member of the Industry.-The term "member of the industry", 

as used herein, includes anyone engaged in the industry, as above 

defined, or any part thereof, either as an employer or on his own 

behalf. 

Ernployee.-The term "employee " as used herein includes anyone 

engaged in the industry in any capacity receiving compensation for 

his services, irrespective of the nature or method of payment of such 

compensation. 

Employer.-The term "employer" as used herein includes anyone 

by whom any such employee is c_ompensated or employed. 

South.-The term "South" as used herein includes the following 

states : Alabama 1 Arkansas, Arizona, California south of an east and 

west line drawn through Tehachapi, Florida, Georgia, l{entucky, 

Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, 

South Carolina, Tennessee, Texas, and Virginia with the exception of 

the counties of Arlington, Fairfax, Loudoun, Clarke, and Frederick. 

N orth.-The term " North " as used herein includes all territory 

in the United States except that listed above under "South." 

E-flective Date.-The term "effective date" as used herein shall 

mean the tenth day after the approval of this Code by the President. 

(200) 
201 

President, Act, Ad1ninistrator.-The terms "Pre ident" "Act", 

and "Administrator ' as used herein, shall mean, re pectively, the 

Pre ident of the United States the N ationul Industrial Recovery 

Act, and the Administrator of Title I of said Act. 

ARTICLE III-l\1Axil\IUM Houns 

(a) Except as hereinafter set forth no employee shall be permitted 

to work in exce s of thirty-six (36) hours per week averaged over 

either semiannual period, January 1st to June 30th, or July 1st to 

December 31st, inclusive, or in excess of forty-eight ( 48) hours in any 

one week, or in excess of eight (8) hours in any twenty-four (24) 

hour period. 

vVhere desirable on account of regional or local conditions, 

regional committees are empowered to make further restrictions 

on working hours, subject to review by the Administrator. 

(b) The maximum hours specified in Section (a) of this Article 

shall not apply to employees in the following classification: 

(1) Employees engaged in managerial or executive capacities and 

compensated on a regular salary basis in excess of $35 per week in 

the North or $30 per week in the South, or employees engaged as 

outside salesmen. 

(2) Employees engaged in emergency maintenance or emergency 

repair work involving break-down or protection of life or property, 

provided that in any such case, such employees shall be paid not 

less than one and one third ( 1 1⁄2) times the hourly rate, for hours 

worked in excess of the eight (8) hour and forty-eight ( 48) hour 

maximum herein provided. 

(3) Employees engaged at plants where employment is dependent 

upon favorable weather conditions when such employment is necessary to recover time lost by inclement weather. 

( 4) Employees engaged in continuous kiln-drying and kiln-burning processes, provided the tota.l working hours of such employees 

shall not average more than forty-eight ( 48) hours per week in any 

continuous four ( 4) weeks period. When a sufficient number of 

these employees is not available such employees may work eight (8) 

hours in addition to forty-eight ( 48) hours in any one week, provided they are paid time and one third for such extra hours. 

( 5) Foremen, provided that foremen shall not be employed more 

than 15 percent longer hours than the eight (8) and forty-eight (48) 

hour maximums herein provided. 

(6) Crews on floating equipment engaged by members of the industry solely in transportation on navigable waters. 

(7) "\Vatchmen at plants not manufacturing, provided that watchmen employed at plants that are manufacturing shall not be employed more than six ( 6) days in any one week. 

(8) Accounting, clerical, office service, or sales employees ( except 

outside salesmen) provided the " ·or king hours of such employees 

shall not exceed ( 40) forty in any one week. 

( c) No employer shall knowingly permit an employee to work for 

a total number of hours in excess of the number of hours prescribed 

for each week and each day, whether employed by one or more 

employers. 
202 

ARTICLE IV-"\V AGES 

(a) Except as hereinafter set forth no factory or mechanical 

worker or artisan shall be paid less than at the rate of thirty-seven 

and one half ( 371⁄2) cents per hour. In the following states no 

such employee shall be paid less than at the rate of: 

(1) California, south of an east and west line drawn throuQ"h 

Tehachapi; thirty-five (35) cents per hour. 0 

(2) Arizona, Arkansas, ICentucky, New Mexico, Oklahoma, and 

Virginia with the exception of the counties of Arlington, Fairfax, 

Loudoun, Clarke, and Frederick; thirty (30) cents per hour. 

(3) North Carolina, twenty-seven (27) cents per hour. 

(4) Tennessee, twenty-five (25) cents per hour. 

( 5) Alabama, Florida, Georgia, Louisiana, !\1:ississippi, South 

Carolina, and Texas; twenty-four (24) cents per hour. 

(b) The Code Authority as hereinafter established shall immediately m.ake an investigation of the foregoing hourly rates and the 

differences therein, for the purpose of recommending to the Administrator an equitable revision of such rates should any inequity be 

proved to exist. 

( c) Section (a) of this Article establishes a guaranteed minimum 

rate of hourly pay regardless of whether the employee is compensated on the basis of a time rate, or on a piece-work performance 

for the hours worked in any semimonthly pay period. 

(a) Unit rates paid employees, whether employed on a time-rate 

or piece-work performa.nce, shall be adjusted to continue existing 

wage differentials. · ( e) No person em ployed in accounting, clerical, office, service, or 

sales work shall be paid less than the rate of $15.00 per week 

in any city of more than 500,000 population, or in the immediate 

trade area of such city; nor less than at the rate of $14.50 per week 

in any city of betwen 250,000 and 500,000 population, or in the immediate trade area of such city; nor less than at the rate of $14.00 per 

week in any city of between 2,500 and 250,000 population, or in the 

immediate trade area of such city; nor less than at the rate of $12.00 

per week in any town of less than 2,500 population. Population 

shall be determined by reference to the 1930 Federal Census. 

( f) Employees employed on floating equipment engaged by me.mbers of the industry solely in transportation on navigable waters 

shall be paid not less than at the rate of $15.00 per week. 

(g) Watclunen employed at plants that are not manufacturing 

shall be exempt from the foregoi!lg provisions as to minimum wages. 

Watchmen employed at plants ,tha.t are manufacturing shall be 

paid not less than at the rate of $15.00 per week. 

(h) All wages shall be paid at least twice a month and all sala.ries 

at least once a month, in cash or by negotiable check. 

ARTICLE V-LABOR PROVISIONS 

(a) No person under 16 years of age shall be employed in the 

industry, nor anyone under 18 years of age at operations or occupations hazardous in nature or detrimental to health. The Code 
203 

Authority · shall submit to the Administrator before January 1, 

1934, a list of such occupations. In any State an mployer hall be 

deemed to have complied with this provision if he shall have on 

file a certificate or permit duly issued by the authority in uch State 

empowered to issue employment or age certificates or permit , hawing that the employee is of the required age. 

(b) 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 de ignation of such representatives or 

in self-organization or in other concerted activities for the purpose 

of collective bargaining or other mutual aid or protection. 

(c) 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. 

( d) Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment, approved or prescribed by the President. 

( e) Employers shall not reclassify employees or duties of occupations performed by employees so as to defeat the purpo es of the 

Act. 

(f) Each employer shall post in conspicuous places full copies of 

this Code. 

ARTICLE VI-OPEN-PRICE POLICY 

(a) Each member of the industry shall publish openly a price 

list or lists containing prices, delivered at the site of consumption, 

to all classifications of purchasers sold by such member, for all 

products offered for sale by him, which list or lists shall contain such 

complete terms, discounts, and other conditions of sale as are provided for in Article VIII. In any region where established practice 

makes the filing of prices including individual transportation 

charges to the site of consumption impractical for any member of the 

industry in such region, any such member in any such region may 

file prices at any point or points of delivery other than site of consumption, subject to the approval of the regional committee for his 

branch in that region, including such terms, discounts, and other 

condition of sale as are provided for in Article VIII. After such 

approval granted to any such member, any other member of that 

branch of the industry may likewise publish his price at any such 

point or points of delivery in addition to the publication of prices 

delivered at site of consumption. Such prices, when quoted to 

dealers or agents, shall not cover or include the dealer's or agent's 

cost or profit. 

Each member of the industry shall file with the branch committee 

for his branch of the. industry all such price lists, terms, discounts, 

and other conditions of sale within ten (10) days after notice has 

been mailed of the formation of the branch committee, which li ts 

shall be available to all interested members of the industry and to 

the trade. Any member of the industry, upon chan,ging his prices, 

terms, discounts, or other conditions of sale, shall immediately pub237720- -244-91-33-2 
204 

lish and file the same with the. branch committee for his branch of 

the industry, and such price , term , discounts, and other conditions 

of sale shall not become effective until ten (10) days after the same 

shall have been so published and filed, and copies thereof with notice 

of the effective date pecified shall be immediately available to the 

trade and to all intere ted members of the industry who thereupon 

may file, if they so de ire, revision of their prices, terms, discounts, 

or other conditions of sale which shall become effective upon the date 

when the revised price list or lists previou ly filed shall go into effect. 

(b) It shall be unfair competition and a violation of this Code 

for any member of any branch of the industry to sell, or to publish 

a price for, any product of any branch of the industry at less than 

the allowable cost of that product, except to absorb transportation 

charges to meet the published price of any other member of that 

bra1}ch of the industry for that product, such allowable cost to be 

the individual direct factory cost of such member plus the weighted 

average indirect allowable cost for such branch of the industry, as 

determined pursuant to Section ( c) of this Article. No member of 

the industry shall sell any product upon a delivered basis in a market without having first published a price for that product delivered 

in that market as provided in Section (a) of this Article. 

( c) The Code Authority shall from time to time determine, with 

the cooperation of each branch committee, and subject to the approval of the Admini trator, the items to be included in, and the 

method or formula to be employed in, the computation of the individual direct factory cost of the members of such branch of the 

industry, and the items to be included in, and the method or form.ula 

to be employed in, the computation of the weighted average indirect 

allowable cost for each branch of the industry. 

( d) The Code Authority shall develop or cause to be developed 

and submit to the Administrator for approval within 120 days after 

the effective date of this Code a uniform cost accounting system 

adaptable to the business of all members of the industry and designed 

to make po sible the accurate determination by each member of the 

industry of his or its own individual cost, and upon such approval 

of such cost accounting system, each member of the industry shall 

maintain at all times an accurate record of all costs in accordance 

with such system or in such other manner as will clearly indicate 

and make available the information required thereby. 

(e) During the period between the effective date of this Code 

and the application of the cost provisions provided for in Sections 

(b) and ( c) of this Article each regional committee in any branch of 

the industry may use the following system of arriving at the allowable cost of any product in that branch. After a survey of the 

estim.ated cost, both direct and indirect, of the reasonably efficient 

plants then in operation within that region under the terms of this 

Code, the regional committee may recommend to the Code Authority 

for its approval, subject to review by the Administrator, an allowable co t, provided that such allowable cost. shall not include any 

reserves for purposes other than depreciation, or any allowance for 

interest on invested capital or for developmental expenses, and pro-
205 · 

vided further, that the distribution of indirect expenses per unit of 

product, shall be on the estimated basis of an average rate of utilization of plant facilities by such rea onably efficient plants during the 

period 1927-32. Upon approval by the Code Authority of any s1.1ch 

allowable co t, no member of the indu try shall sell, or publish a 

price for any such product below its allowable cost o arriYed at, 

except to absorb transportation charges to meet the publi heel price 

of any other member of the industry for such product. The provisions of this section shall not be availed of for the purpo e of delaying the determination of allowable co t as provided for in Sections (b) and ( c) of this Article. 

(f) No unsold portions of inventories on hand on the effective 

date of this Code shall be sold below the current allowable replacement co t ( e timated if plant i not operating) computed on a basis 

arrived at under the provisions of this Article. 

(g) Discontinued lines off-grade material, bankrupt stocks, or 

stocks in the hands of assignees for resale, out-of-date or damaged 

stock, and all reclaimed or used products whose sale or use tends 

to lessen the current employment of labor may be sold for less than 

cost of the new standard-grade product as determined in the foregoing sections of thi Article, but only after they have been reported 

to the regional committee concerned and only on uch terms and 

at such prices as the regional committee hall determine within t n 

(10) days after receipt of the report. The decision of the r egi nal 

committee may be subject to review by the branch committee or 

the Code Authority or the Administrator. In ca e of failure of 

the regional committee to determine uch prices within such ten 

(10) days, the branch committee or Code Authority shall be empowered to make such determination. In each case where ~uch 

sale below co t i permitted, the member of the industry shall publish the price at which the product will be sold, as provided in 

Section (a) of this Article. 

ARTICLE VII-CAPACITY CONTROL 

Prior to the increasing of existing production capacity in the 

industry by starting the operation of existing plants within any 

branch of the industry that have been shut do, n continuously for a 

period of three years or more prior to the effective date of this Code, 

or starting the operation of plants not heretofore in operation within 

any branch of the industry, a certificate must be procured by the 

owner thereof from the branch committee of such branch of the 

industry, ubject to review by the Code Authority or the Administrator, certifying that the operation of such plant is consistent 

with the policy of the Act. In case of a denial by a branch committee of the certificate mentioned herein, or refusal to decide within 

sixty (60) days such owner may appeal to the Code Authority or 

the Administrator for a final decision. Nothing herein, however, 

shall restrain any member of the industry from improving the 

efficiency of his plant or adopting methods or machinery to lower 

production costs or improve products or from resuming operation 

of any plant owned by him prior to October 1, 1931. 
· 206 

ARTICLE VIII-TERMS OF SALE AND CREDITS 

(a) Any branch committee may, subject to the approval of the 

Administrator, establish terms of sale, maximum cash discounts, and 

credit practices, which shall be uniform within that branch of the 

indu try, and which shall be binding upon all producers. 

(b) All quotations and contracts :for the sale of structural clay 

products shall be in writing and shall contain a definite statement 

of price. quantity, terms of payment, time and place of delivery, 

a.nd all other items nece sary to form a complete understanding. 

( c) Credit terms shall be uniform in each branch of the industry 

to all purchasers in the same class and shall be uniformly enforced; 

provided, that nothing herein contained shall prevent any manuf acturer from refusing credit to any purchaser or requiring special 

terms of payment, where in his judgment such refusal or requirement is necessary for the adequate protection of the account. 

( d) The manufacturers of structural clay products, either on a 

national basis, a regional basis, or the basis of a division of a region, 

may exchange credit information, and by agreement control or 

restrict credit for the purpose of eliminating losses to the industry; 

and failure to give truthfully such credit information or adhere to 

such agreements is an unfair method of competition and a violation 

of this Code. 

A RTICLE IX-ADMINISTRATION 

To further effectuate the policies of the Act, a Code Authority is 

hereby set up to cooperate with the Administrator in the administration of this Code. 

(a) Organization of Code Authority.-The Code Authority shall 

consist of eight members, four of whom shall be presidents, from 

time to time, of the respective associations submitting this Code, 

namely American Face Brick Association, Brick Manufacturers Association of America, National Paving Brick Association, and Structural Clay Tile Association, or their successors, and four of whom 

shall be elected from and by the respective branch committees of the 

four branches coming under this Code, together with such representative or representatives without vote, but in no case to exceed 

three, from time to time appointed thereto by the Administrator, 

for such terms as he may specify, to act as his representative or 

representatives, or as representative or representatives of such interested groups as he inay specify. Until th~ Code A_ut~ority is o~g~nized as above the presidents of the respective associat10ns submitting 

this Code shall act as the Code Authority. 

( 1) Each trade or industrial association directly or indirectly 

participating in the selection or ,activities of the Code Authority 

shall impose no inequitable restrictions on membership, and shall submit to the Administrator true copies of its articles of association, 

bylaws, regulations, and any amendments when made thereto, together 

with such other information as to membership, organization, and 

activities as the Administrator may deem necessary to effectuate the 

purposes of the Act. . . · . (b) Powers and Duties of Code Autho1"ity.-The Code Authority 

shall be charged with the administration of this Code throughout 
207 

the industry and without limiting the foregoing shall have the following specific powers and duties, subject to the right of the Administrator, on review, to disapprove or modify any action taken by the 

Code Authority. 

(1) To obtain from all members of the industry such sworn 

or unsworn reports, periodically, or as often as it may direct, on 

wages, hours of labor, conditions o:f employment, number of employees, production, shipments, sales, stocks, prices, and other matters pertinent to the provisions or operations of this Code, as the 

Code Authority may specify, or as the Administrator may :from time 

to time require. 

'In addition to information required to be submitted to the Code 

Authority, there shall be furnished to government agencies such 

statistical information as the Administrator may deem necessary for 

the purpose recited in Section 3 (a) of the Act. 

(2) To make such surveys or investigations as may be necessary 

to ascertain conditions in the industry and the observance or nonobservance of the provisions of this Code. 

(3) To coodinate the activities of the branch and regional committees hereinafter referred to. 

( 4) To submit to the Administrator from time to time such recommendations, based on conditions in the industry, as they develop, 

as, in its judgment, will improve the operation of this Code or further effectuate the policies of the Act. Any such recommendation, 

when approved by the Admini trator, shall become effective as a 

part of this Code. 

( c) Branch O 01nmittees.-Further to effectuate the policies of the 

Act and to cooperate with the Code Authority there shall be established for each branch of the industry an administrative agency to 

be known as branch committee, which shall consist of one representative for each region of each branch of the industry to be selected by 

each reCYional comn1ittee. To the end that each branch of the industry ihall, so far as practicable., be self-governing under the provisions of this Code, the Code Authority shall delegate to each sucli 

branch committee such of its authority, powers, and duties as it may 

deem necessary therefor. The president of each association shall be 

a member ex officio of the branch committee of his branch of the 

industry. Pending the organization of branch committees, the Code 

Authority shall delegate directly to the regional committees such of 

its authority, powers, and duties as shall be necessary for the immedia~e conduct of the administration of the Code in the respective 

reg10ns. 

If any regional group fails to organize within the prescribed 

time and elect a member of the branch c01nmittee, the said branch 

committee js empowered either to name a representative for that 

region on the said branch committee, who shall act in place of the 

reg~onal committee, or to combine that region with an adjoining 

reg10n. 

( d) Regional Oommittees.-Further to effectuate the/olicies of 

the Act and to cooperate with its branch committee an the Code 

Authority in administering this Code, there shall be established in 

each region of each branch of the industry an admini trative agency 

to be known as regional corrunittee, to be elected on a fair basis of 
208 

selection by the manufacturers in each branch of the industry in 

each region. To the end that each region in each branch of the 

industry shall, so far as practicable, be self-governing under the provisions of this Code, each branch committee shall delegate to each 

such regional corrunittee such of its authority, powers, and duties as 

it may deem necessary therefor. 

( e) A joint regional committee may be formed in any region by 

two or more branches of the industry if desired by the manufactu'rers 

in that region. 

(f) Divisional committees may be established for a subdivision of 

a region by any group of manufacturers therein, with the approval 

of the regional committee for that region. At the option of the 

manufacturers involved, a divisional committee may include two or 

more branches of the industry. The divisional committees shall' 

have only such powers as may be delegated to them by the regional 

committees. 

(g) The manufacturers in each region shall convene and elect 

their regional committee within one month after the effective date 

of this Code. Each regional group shall elect from among the 

members of its regional committee its representative on the branch 

committee of its branch of the industry within six weeks after the 

effective date of this Code. 

(h) No voting member of the Code Authority, and no member of 

any branch, regional, or other administrative committee or agency 

established pursuant to the provisions of this Code, shall hold office 

for a longer term than one year from the date of organization of 

the agency to which he is elected, except by reelection. 

ARTICLE X-ADMINISTRATIVE EXPENSE 

(a) Each member of the industry who shall participate in the 

selection of any regional committee or any other administrative 

agency herein established, or who shall participate in the benefits 

of the activities of any such administrative agencies, or who shall 

otherwise assent to the provisions of this Code, shall bear his proper 

proportionate share of the cost of the development and the adminIStration of this Code. The Code Authority shall designate any of 

the trade associations submitting this Code or any other appropriate 

agency or agencies, to assist it in maintaining its accounts, determining such proportionate shares and in securing the collection 

thereof. If a manufacturer makes more than one of the several 

products covered by thjs Code he shall bear his proportionate share 

of the expense in each branch of the industry. Failure of any such 

member of the industry to pay · a:o.y assessment shall be a violation 

of the Code. Each trade association or agency from the funds thus 

collected shall pay the proportionate share for its branch, of the 

Code Authority's expense as apportioned by the Code Authority. 

The basis and method of the assessments shall be established by the 

Code Authority, and may be reviewed by the Administrator. 

(b) Eacli trade association or agency from the ·funds collected 

shall also p~y the expense of the branch committee of its branch of 

the i:p.dustry incurred in connection with its duties under the Code 

( c) Each trade association or agency shall pay out of the funds 
209 

collected any expense authorized to be incurred by any regional 

committee of its branch. 

( d) Every manufacturer shall report to the trade association or 

associations, or such agency or agencies as the Code Authority shall 

determine, and at such time as the Code Authority may specify, the 

total shipments and deliveries from his plant, or plants, of clay 

products classified according to requirements set by the Code 

Authprity. To :fail to report, or :falsely to report, shipments shall 

be a violation of this Code. 

ARTICLE XI-TRADE PRACTICE RULES 

The following practices constit\1te unfair methods of competition 

for members of the industry and are prohibited and when employed 

shall be deemed violations of this Code: · (a) Withholding :from, or inserting in the invoice, facts which 

make the invoice a :false record, wholly or in any material particular, 

of the transaction made on the face thereof; or the payment or 

allowance of secret rebates, refunds, credits, or unearned discounts, 

directly or indirectly, whether in money or otherwise; or the giving 

of gratuities for the purpose of influencing sales. (b) The sale of an inferior quality o:f structural clay product at a 

fair price for such product, with the understanding that a product 

of superior quality selling at a higher price will be delivered. 

( c) Discrimination in price of structural clay products between 

purchasers of the same class, not based upon difference in grade, 

quantity, or quality of the product sold, or difference in cost of selling 

and transportation. 

( d) Inducing, or attempting to induce, the breach of a contract, 

oral or written, between a competitor and his customer during the 

term of such contract. 

( e) Interference with or the obstruction of the performance of 

a contract by the solicitation by a manufacturer or his representa• 

tive, directly or indirectly, of an order for structural clay prod• 

ucts, with knowledge that a signed order :from the one in authority 

has previously been given a competitor. An architect's specification 

of a structural clay product shall not be regarded as a signed order. 

( f) The renewal of sales effort by a competitor on an operation 

after the seller receiving the order has commenced delivery and 

where a difference has arisen resulting in a cessation of delivery 

unless the said seller has had a reasonable opportunity to adjust said 

difference of opinion. 

(g) The payment, secretly or openly, or offer of payment of cmn• 

missions, allowance of improper credits, in any :form or manner 

whatsoever, to any person connected either directly or indirectly 

with the purchase or selection of structural clay products. 

(h) The payment of commissions, bonuses, or gratuities, secretly 

or openly, in money or otherwise, by a manufacturer to a dealer's 

salesmen for selling or influencing the sale of such manufacturer's 

product. 

(i) The making of lump sum bids, or installed prices by a manu• 

facturer or his agent, on structural clay products, special shapes1 and other building materials, thereby concealing the unit price of 
210 

each of the several items embraced therein; or guaranteeing that 

any specific quantities will do the job, which are known to be actually 

insufficient for the purpose. 

(j) The making of any bid on any one structural clay product 

( either lump sum or otherwise), when its acceptance is contingent 

upon the acceptance of a bid on any other clay product or other 

building material or commodity. 

(k) The employment or use of trade names, trade marks, or -other 

marks of identification so similar to those previously adopted ::rnd 

established by another manufacturer as to be confusing, deceiving, 

or misleading to prospective purchasers. 

(1) The shipment or delivery of structural clay products, which 

do not reasonably conform to the standard of sample submitted as 

representative of the material to be shipped, or to representations 

made prior to securing order, unless with the consent of the purchaser to such substitution prior to shipment. 

(m) Acceptance of stocks and bonds, except at current marketable 

cash value, in payment for structural clay products. 

(n) The shipment of any structural clay product on consignment. 

( o) Attacking a competitor's product, by making false or misleading charges, or attacking his reputation or personal integrity, 

or his ability to serve the trade. 

(p) Repudiation of any contract, written or oral, except for: legal 

cause, or in accordance with expressed terms of the contract, or by 

mutual consent. 

( q) The practice of selling or offering for sale nonstandard 

grades, sizes, dimensions, or classifications of structural clay products, 

as determined by the branch committee of each branch of the industry, subject to review by the Administrator, for the purpose of 

gainino- an unfair competitive advantage. 

( r) Making misleading guarantees by a manufacturer of structural 

clay products, as regards the performance of his product or the 

performance of any structure in which such product is used. 

(s) The giving of premiums in connection with the sales of 

structural clay products. 

ARTICLE XII-GENERAL 

(a) No prov1s10ns of this Code shall b so a pp lied as to permit 

monopolies or monopolistic mea. nres, or to eliminate, oppress, or 

discriminate against small enterpri es. 

(b) This Code and all the provi_,ions thereof are expressly made 

subject to the right of the President, in accordance with the provisions of subsection (b) of Section 10 of the National Industrial 

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

approval, license, rule, or regulation issued under Title I of said 

Act and specifically, but without limitation, to the right of the President to cancel or modify his approval of this Code or any conditions 

imJ?osed by. him upon his approval thereof. . 

( c) This Code, except as to provisions required by the Act, may be 

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

modification to be based upon application to the Administrator and 
211 

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

on approval of the President. 

( d) It is the objective of the Structural ,lay Products Industry 

not only to increase employment and improve the standard of living 

of the workers in the Industry, but also to spread employment. Accordingly, authority is given by this Code to the regional committee 

of any branch of the Industry in any region after due hearing and 

w~tlli the approval of the Administrator to adopt such measures as 

are necessary for the purpose of spreading and sustaining 

employment. 

ARTICLE XIII-REGION AL DIVISIONS 

The territories comprising the regions into which the United 

States shall be divided, for administration of the Act in each of the 

four branches of the industry, shall be as given in Schedule A attached, subject to revision by the branch committees for the respective groups, on the basis of recommendations from the regional committees in each group. These regions are subject to coordination 

by the Code Authority. 

ARTICLE XIV-EFFECTIVE DATE 

This Code shall become effective on the tenth day after its approval by the President of the United States. 

Approved Code No. 123 

Registry No. 1013-1-03 
SCHEDULE A 

REGIONS FOR COMMON IlRICK 

1. New England.-All New England States. 

2. Hudson R iver.-All of New York State lying east of the counties of St. 

Lawrence, Herkimer, Otsego, Delaware, and Sullivan, and including more 

specifically Long Island and the Metropolitan Area of New York City (lying 

within the New York State boundaries). 

3. New Jersey.-All of the state of New Jersey. 

4. Atlantic.-All of the State of Pennsylvania, east of the North and South 

line drawn through Bellefonte in Centre County, and all of the State of 

Delaware. 

5. Southern.-Maryland, District of Columbia, Virginia, West Virginia, 

Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Plorida, and 

Alabama. 

6. Up-State New York.-All of New York state not included in Region 

No. 2. 

7. Great Lakes.-All of the state of Pennsylvania, west of the line drawn 

North and South through Bellefonte in Centre County. All of the state of 

Ohio except the counties of Cuyahoga and Lake. 

8. Oleveland.-The counties of Cuyahoga and Lake in the state of Ohio. 

9. Michigan.-All of Michigan. 

10. Oentral.-All of the states of Indiana and Wisconsin and all of the state 

of Illinois except the counties of Cook, Will, Du Page, and Lake; ani:l the 

counties of St. Louis, St. Charles, and Jefferson in the stat~ of Missouri. 

11. Ohicago.-The counties of Cook, W"ill, Du Page, and Lake in Illinois. 

12. Ioioa-Northwest.-All of the states of Iowa, Minnesota, North Dakota, 

South Dakota, and Nebraska. 

13. Gitlf States.-All of the states of Louisiana and Mississippi. 

14. So1.lthiccstern.-All of the Srntes of Arkansas, Kansas, Oklahoma, Texas, 

and New Mexico and all of the State of Missouri, except the counties of 

St. Charle , St. Louis, and J efferson. 

15. JJ1owitain.-All of the States of Montana, Idaho, "Wyoming, Colorado, and 

Utah. 

16. Pacific Northicest.-All of the States of Washington and Oregon. 

17. Soiithern Paoifi,c.-All of the States of California, Nevada, and Arizona. 

REGIONS FOR FACE BRICK 

1. Eastern.-New England States; New York; New Jersey; Delaware; Maryland east of and including Cumberland; West Virginia east of line extending 

scuth through Cumberland, l\fd.; District of Columbia; the counties of Arlington, Fairfax, Loudoun, Clarke, and Frederick in Virginia; and Eastern Pennsylvania, which is Pennsylvania except the territory inch1ded in Western 

Pennsylvania as defined under Central Region. 

2. Oentral.-Ohio; ,vestern Pennsylvania, which is P ennsylvania west of and 

including the counties of Warren, Forest, Jefferson except shale (red brick) 

plants within the county, Clearfield, Blair, Cambria, and Somerset; Northeastern Kentucky, which is Kentucky north of and including Pikeville and east of 

and including Winchester; Lower Peninsula of Michigan; West Virginia west 

of a line extending south through Cumberland, Md.; and Maryland west of 

Cumberland. 

3. Miclwestern.-Indiana; North\"\ estern Kentucky, which is Kentucky north 

of Pikeville and west of Winchester'; Illinois; Eastern l\Iissouri, which is 

Missouri east of and including the counties of Putnam, Sullivan, Linn, Chariton, 

Howard, Boone, Moniteau, Miller, Pulaski, Phelps, Dent, Shannon, and Oregon; 

Wisconsin; Northern Peninsula of Michigan; the counties of Washington, 

Dakota, Ramsey, Anoka, and Hennepin in Minnesota. 

4. Southeastern.-Virginia except the fiye counties included in the Eastern 

Region; North Carolina; South Oarolina; Georgia; Florida; Alabama; :Mississippi; Tennessee; Southern Kentucky, which is Kentucky south of Pikeville; 

and Louisiana east of the Mississippi River. 

5. Southwestern.-Kausas; Oklahoma; Texas; Arkansas; Western Missouri, 

which is Missouri except the territory included in Eastern l\Iissouri as defined 

under Midwestern Region ; and Louisiana west of the Mississippi River. 

(212) 
213 

6. Western.-Iowa; North Dakota; South Dakota; Nebraska; and Minnesota 

except the five counties inclnd d in the :Midwestern Region. 

7. Mountain.-Moutana; ·wyoming; Eastem Idaho, which is Idaho east of 

and including Bliss; Colorado; Utah; and rew Mexico. 

8. Pacific Ooast.-Washington; Oregon; W stern Idaho, which is Idaho except the t erritory included in Eastern Idaho as defined under Mountain Region; 

Neyada ; Arizona; and California. 

:CEGIONS FOR PAYING Br.IC'K 

1. Eastern.-Maine; New Hamp_hirc; Vermont; Mascachusetts; Rhode Island ; 

Connecticut; New York; New Jersey; PennsylYania; Delaware; Maryland; District of Columbia; Virginia; that part of North Carolina lying within and east 

of the counties of Northampton, Bertie, Martin, Pitt, Craven, Jones, and Onslow; 

and the state of West Virginia, excluding the territory lying within and south 

of the counties of ,vood, ,virt, Roane, Kanawha, Fayette, and Greenbrier. 

2. JZlinois.-Illinois, ,visconsin, that part of the state of Michigan known as 

the Upper Peninsula, Iowa, Minnesota, North Dakota, anc1 South Dakota. 

3. Indiana.-Indiana and that part of the state of Kentucky lying within 

and west of the counties of Gallatin, Carroll, Hem}, Shelby, Anderson, l\Iercer, 

Boyle, Casey, Russell, and Wayne. 

4. Ohio.-Ohio and the state of Michigan, except the Upper Peninsula. and 

that part of West -Virginia lying within and south of the counties of Wood, 

Wirt, Roane, Kanawha, Fayette, and Greenbrier. 5. Paci(ic.-Idaho, Utah, Arizona, California, NeYac1a, Oregon, and Washington. 

6. Soitthem.-South Carolina, Tennessee, Mississippi, Alabama, Georgia, 

Florida, Louisiana (east of Mississippi), and that part of the state of Ken- tucky lying within and east of tbe counties of Boone, Grant, Owen, Franklin, 

Woodford, Jessamine, Gerrard, Lincoln, Pulaski, and McCreary, and that part 

of the state of North Carolina lying west of the counties of Northampton, 

Bertie, Martin, Pitt, Craven, Jones, and Onslow. 

7. Western.-JUontana, Wyomipg, Colorado, New Mexico, Texas, Oklahoma, 

Kansas, Nebraska, Missouri, Arkansas, and Louisiana (west of Mississippi 

Rh·er). 

REGIONS FOR STRUCTURAL CLAY TILE 

1. New York-New J ersey.-New Jersey, Delaware, Eastern Peninsula of 

Maryland, Pennsylvania ( east of and including the counties of Pike, Monroe, 

Northampton, Bucks, Montgomery, Delaware, Chester), Connecticut, Rhode 

Island (Washington County), New York (all Long Island and counties of 

Westchester, Putnam, Dutchess, Columbia, Rensselaer, Albany, Greene, Schenec• 

tady, Ul ter, Orange, Sullivan, Rockland, all New York City). 

2. East Oentral.-l\1ichigan, Ohio, "\Vest Virginia, Kentucky east of and 

including counties of Meade, Breckenridge, Grayson, Butler, and Logan, Virginia, District of Columbia, Maryland excepting Eastern Peninsula, Pennsylvania west of counties included in New York-New Jersey Region, New York 

excepting counties in New York-New Jersey Region, all New England States 

excepting Connecticut and Washington County in Rhode Island. 

3. Oentral.-Wisconsin east of and including counties of Iron, Price, Taylor, 

Clark, Jackson, LaCros e; Iowa (counties of Allamakee, Clayton, Dubuque, 

Jackson, Clinton, Scott) ; Missouri east of and including counties of Putnam, 

Sullivan, Linn, Chariton, Howard, Boone, Moniteau, Miller, Pulaski, Phelps, 

Dent, Shannon, and Oregon; Illinois, Indiana, Kentucky west of counties in 

East Central Region. 

4. Iowa-Northwest.-Montana, Wyoming, Colorado, Nebraska, North Dakota, 

South Dakota, Minnesota, Wisconsin west of counties in Central Region, Iowa 

except counties in Central Region. 

5. Soiitheastern.-Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, and Mississippi. 

6. Southwestern.-New Mexico, Texas, Oklahoma, Arkansas, Louisiana, Kansas, and Missomi except counties listed in Central Region. 

7. Pac-i(ic Ooast.-Washington, Oregon, Idaho, Nevada, California, Utah, and 

Arizona. 

0 
UNIVERSITY OF FLORIDA 

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