UNIVERSITY OF FLORIDA 

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NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

STONE SETTING INDUSTRY 

AS SUBMITTED ON AUGUST 28, 1933 

REGISTRY No. 1039-2-04 

The Code for the Stone Setting 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 

··~· vas applying to this industry 

WE DO OUR PART 

UNITED STATES 

GOVER MENT PRINTING OFFICE 

WASHINGTON : 1933 

I I 

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

·CODE OF FAIR COMPETITION FOR THE STONE-SETTING 

INDUSTRY 

PuRPOSE 

To effectuate the policy of Title I of the National Industrial 

Recovery Act by reducing and relieving unemployment, improving 

the standards of labor, eliminating competitive practices destructive 

of the best interests of the public, employer, and employees, and in 

other respects to rehabilitate the Stone-Setting Industry, the following 

provisions are established as a code of fair competition. 

DEFINITIONS 

As used herein the term "stone-setting industry" shall include the 

handling, erection, cleaning, pointing, repairing, and in some cases 

demolition of all kinds of cut stone, granite, limestone, or marble, or 

their substitutes in connection with buildings, bridges, dams, tunnels, 

and other projects in which cut stone is used. 

The term Association shall mean the National Stone Setting Contractors' Association, and Board of Directors refers to the Board of 

Directors of said Association. 

The term "employers" shall mean all persons who employ labor 

direct in the conduct of any branch of the stone-setting industry so 

defined above, and the term "employee" shall mean all persons 

employed in the conduct of any branch of the stone-setting industry 

as defined above. 

The term "person" shall mean any individual, partnership, association, trust, or corporation. 

The term "contractor" shall mean any employer engaged in any 

branch of the stone-setting industry as defined above. 

The term" President" shall mean the President of the United States. 

ARTICLE I 

The National Stone Setting Contractors' Association does hereby 

affirm that it imposes no inequitable restrictions as admission to 

membership and is representative of the industry in the United States. 

This Code is not designed to promote monopolies and shall not be 

used for that purpose nor shall it be administered so as to eliminate 

or oppress small enterprises or to discriminate against them. 

ARTICLE II-LABOR RELATIONS 

1. In accordance with the requirements of the National Industrial 

Recovery Act, section 7, subsection a-

( a) That 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 

8203-33 (1) 
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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) that 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. (c) that employers shall comply with the maximum hours of labor, 

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

or prescribed by the President. 

2. Minimum Wages.-All contractors shall pay wages not less 

than those established locally or regionally by mutual agreements 

between truly representative bodies of employees and employers and 

approved by the President. The other trade and working conditions 

of these agreements shall also become a part of the code of practice 

pertaining to those regions or localities in which they were formulated, such as hours of labor, payment of wages, safety and rights of 

employees. 

ARTICLE III-UNFAIR PRACTICES 

For all purposes of the code, the following described acts shall constitute unfair practices: 

(a) The Submission of a bid or acceptance of a contract to perform 

work in which the contractor knowingly does not include all direct 

labor costs at agreed rates plus insurance and a fair amount for overhead, equipment, and profit. 

(b) The Submitting of a bid on an operation in which the contractor cannot qualify as to capital, organization, experience, and 

equipment to properly execute the contract if awarded to him. 

(c) Changing of a bid after the bids have been opened except as 

contained in provisions of the bid as stated therein. No contractors 

not originally bidding on operations shall be allowed to subrnit a bid 

after estimates have been opened, should change of plans and 

specifications require new bids, unless one year has elapsed between 

proposals. 

(d) The misrepresentation in a bid as to work and materials 

included in estimate, also leaving out of estimate work specifically 

called for in request for bids. 

(e) The making, or causing to be made, of any false or deceptive 

statements, either written or oral, of or concerning the business policy 

of a competitor, his workmanship, selling price, or his financial, business, or personal standing. 

(f) The financing or guaranteeing of a contractor's contract by 

stone or granite cutter, quarryman, their agents, representatives, or 

general contractor. This clause is not to be interpreted to deter 

any arrangement for prompt payment of work already performed. 

(g) The deliberate violation of recognized safety measures in the 

operation of a job and the sanctioning of bad construction practices. 

(h) The furnishing of bids to a general contractor, cut-stone, granite, 

or marble contractor who uses the bid mainly for checking purposes, 

and performs the work himself. 

Such unfair practices and all other practices which shall be declared 

to be unfair practices by the board of directors as provided in Article 

IV or by any amendment to the code adopted in accordance with 
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Article V and at the time in effect shall be deemed to be in violation 

of the code, and any member of the industry which shall directly or 

indirectly through any officer, employee, agent, or representative, 

knowingly use or employ any of such unfair practices shall be guilty 

of a violation of the code. , 

ARTICLE IV-ADMINISTRATION 

1. The administration of the code shall be under the Board of 

Directors of the Association. The Board of Directors shall have all 

the powers and duties conferred upon it by the code and generally 

all such other powers and duties as shall be necessary or proper to . enable it fully to administer the code and effectuate its purpose. 

The Board of Directors may from time to time delegate such of its 

powers and duties as it sees fit to committees, director, person or 

persons in the industry in order to expediate the administration of 

the code whose decisions shall be binding subject to appeal to the 

entire Board of Directors. 

2. For the purpose of supplying the President and the Administration with such requisite data as to the observance and effectiveness 

of the code, each member shall furnish reports, costs, books of accounts, etc., as requested by the Board of Directors on such subjects 

as are required. 

3. The cost of administration of the code shall be assessed pro 

rata amongst the members and the failing of any member to pay 

his assessment for a period of 30 days after the date on which it 

becomes payable shall constitute a violation of the code. 

ARTICLE V-CHANGES IN ConE 

1. This code and all provisions thereof are expressly made subject 

to the right of the President to cancel or modify any order, approval, 

license, rule or regulations issued under this title. 

2. Such other of the provisions as are not required by theN ational 

Industrial Recovery Act may be modified or enlarged as experience 

with its operations develop the necessity thereof, upon a two thirds 

vote of the membership and the approval of the President. 

ARTICLE VI-PARTIAL INVALIDITY 

If any provision of this code is declared invalid or unenforcable, 

the remaining provisions thereof shall continue in full force and effect 

in the same manner as if they had been separately presented for approval and approved by the President. 

ARTICLE VII 

This code shall become effective ten days after being approved by 

the President. 

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