Approved Code No. 365 Registry No. 1007-13 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

SAND-LIME BRICK INDUSTRY 

r a 

AS APPROVED ON MARCH 26, 1934 

WC: DO OUR PART 

( 

0-= - -- I 

UNITED STATES 

GOY.ERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

\ 

\ \ 

{ \ 

For sale by the Superintendent of Documents, Washington, D.C. • • • • • • • - Price 5 cents 
This publication 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 Fe-deral Building. 

Boston, Mass.: 1801 Customhouse. 

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

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

Chicago, Ill.: Suite 1706, 2'01 North Wells Street. 

Cleveland, Ohio :- Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore A venue. 

Los .Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

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

New York, N.Y.: 734 Customhouse. 

Norfolk, Va. : 406 East Plume Street. 

Philadelphia, Pa.: 422 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 Office Building. 
Approved Code No. 36·5 

CODE OF FAIR COMPETITION 

FOR THE 

SAND-LIME BRICK INDUSTRY 

As Approved on March 26, 1934 

ORDER 

APPROVING CoDE OF FAIR CoMPETITION FOR THE SAND-LIME BmcK 

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 Sand-Lime Brick 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 r eference 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; provided, however, 

that the provisions of Article VI, (Section 3a) insofar as they prescribe a waiting period between the filing with the Code Authority 

and the e:ffecti ve date of revised price lists or revised terms and 

conditions of sale be and they are hereby stayed pending my further 

Order either within a period of sixty days from. the effective date 

of this Code or after the completion of a study of open price 

associations now being conducted by the National Recovery 

Administration. _ HuaH S. JoHNSoN, 

Administrator for Industrial Recovery. 

Approval recommended: 

A. R. GLANCY, 

Division Administrator. 

wASHINGTON, D.C., 

M m·ch 26, 1934. 

49063"----425-156----34 (497) 
REPORT TO THE PRESIDENT 

The PREsiDENT, 

The White How;e. 

Srn : This is a report on the Code of Fair Com petition for the 

Sand Lime Brick Industry, a hearing on which was conducted in 

Washington on the eighth of February, 1934, in accordance with the 

provisions of the National Industrial Recovery Act. 

PROVISIONS OF THE CODE AS TO WAGES AND HOURS 

This Code provide that no employee shall be permitted to work 

in excess of forty hours in any one week, nor more than eight hours 

in any one day, nor more than six days in any one week. Limita.- tions on working time do not apply to salesmen nor to managers or 

executives who earn not less than $35.00 per week in the North, less 

than $30.00 per week in the South. Exceptions are provided for employees engaged on emergency maintenance or emergency repair 

work; such employees when so engaged being allowed to work in 

excess of the basic maximums provided overtime is paid at the rate 

of one and one-third the normal rate for all hours worked in excess 

of 8 per day and 40 per week Exceptions are provided for en1-

ployecs at plants subject to unfavorable weather conditions, affected 

employees being permitted to work as much as 48 hours in any one 

week, but not more than 40 hours per week as averaged over any 4 

week period. A tolerance is granted for foremen, who may work 

15% longer hours than the 8 and 40 hour maximums provided. 

Watchmen are not subject to the basic limitations, but are not permitted to work more than 56 hours in any one week. Tolerance is 

provided for employees necess::.> ry for the closing of hardening 

cylinders. 

The Code provides for minimum hourly rates of pay of 40¢ in the 

North, 35¢ in Southern California, 30¢ in the intermediate zone, and 

25¢ in the South; this minimum wage provision applying only to 

common or totally unskilled labor. A provision is made for an equitable adjustment of wages above the minimum. Clerical and office 

employees are to be paid not less than $13.00, $14.00, or $15.00 per 

week in the Southern, intermediate and Northern zones, respectively. 

The minimum wage established for watchmen is $15.00 per week. 

No person under sixteen years of age may be employed, and no 

person under eighteen years of age may work at hazardous or unhealthy occupations. Provisions are included covering handicapped 

persons and posting of the Code, as well as other general labor 

provisions for the protection and welfare of employees. 

ECONOl\:IIC EFFECTS OF THE CODE 

The Research and Planning Division estimates that while there 

were about 566 wage earners in this Industry in 1929, there were 

probably not more than 167 wage earners employed in 1933. The 

Code Committee for the Industry presents figures indicating that the 

1929 production of 148 million units has steadily decreased to about 

19 million units in 1933. 

(498) 
499 

It is estimated that under the very low existing volum.e of production, the hourly limitations provided by the Code will not result immediately in increased employment. The Industry is reported to be 

operating on about a 33 hour work week at pre ent due to lack of 

demand for this durable product, and accordingly production would 

have to improve before the Code \\Ould be effective in creating employment. Even at the prevailing 33 hour work week, however, the 

minimum rates of 25¢ per hour for the South and 40¢ per hour for 

the North is more than sufficient to restore the average 1929 weekly 

income adjusted to present purchasing power. 

FINDINGS 

The Assistant 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 group 

is truly representative of the aforesaid Industry; and that said group 

imposes no inequitable restrictions on admission to membership 

therein. 

(d) The Code is not designed to and will not p€rmit monopolies 

or monopolistic practices. 

(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, 

MARCH 26, 1934. 

HuGH S. JoHNSON, 

Administrator. 
CODE OF FAIR COMPETITION FOR THE SAND-LIME 

BRICK INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act the following provisions are established as a code o:f 

fair competition for the Sand-Lime Brick Industry, and shall be the 

standard of fair competition for such Industry and shall be binding 

upon every member thereof. 

ARTIOLE II-DEFINITIONS 

lndu._(/try.-The term "Industry", as used herein, means and includes the manufacture and/or sale by those who manufacture SandLime Brick and other units made of a combination of sand and lime 

under the sand-lime brick steam pressure process, and may further 

include any other related groups that, with the approval of the 

Administrator, may elect to operate under this Code. 

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

territory established with definite boundaries, as further described 

in Schedule A attached, for the purposes of administering this Code. 

Member of the lndustry.-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. 

Employee.-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, except a member of the Industry. 

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

by whom any such employee is compensated or employed. 

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

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

and west line drawn through Tehachapi, Florida, Florida, Georgia, 

Kentucky, Louisiana, Mississippi, New Mexico, North Carolina, 

Oklahoma, South Carolina, Tennessee, Texas, and Virginia. 

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

except that listed above under "South". 

President, Act, Administrator.-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. 

ARTICLE III-HoURs 

SECTION 1. Except as hereinafter otherwise provided, no employee 

shall be permitted to work in excess of forty (40) hours in any one 

(500) 
501 

week or eight (8) hours in any twenty-four (24) hour period beginning at midnight, nor m.ore than six (6) days in any seven (7) day 

period. 

SECTION 2. The provisions of the foregoing section shall not 

apply to: 

(a) Outside salesmen or to persons employed in a managerial or 

executive capacity who earn not less than thirty-five (35) dollars per 

week in the North, or not less than thirty ( 30) dollars per week in 

the South. 

(b) Employees on emergency maintenance or emergency repair 

work involving breakdowns or protection of life and property; but 

in any such special case at least one and one-third (11h) times the 

normal rate shall be paid for hours worked in excess of eight ( 8) per 

day and forty (40) per week. 

(c) Employees engaged at plants where employment is dependent 

upon favorable weather conditions when such employment is necessary to recover time lost by inclement weather; however, under such 

conditions, no employee may be permitted to work more than fortyeight ( 48) hours in any one week, nor more than forty ( 40) hours 

per week as averaged over any four ( 4) week period. 

(d) Foremen, provided that foremen shall not be permitted to 

work more than fifteen (15) percent longer hours than the eight (8) 

and forty ( 40) hour maximums herein provided. 

(e) Watchmen, who shall not be permitted to work more than 

fif~y-six (56) hours in any one week. 

SECTION 3. Employees necessary for the closing of " hardening 

cylinders", limited in number to two (2) employees for each plant, 

may be allowed a tolerance of one-half (V2 ) hour per day in excess 

of the eight ( 8) hour daily, or three ( 3) hours in excess of the forty 

( 40) hour weekly limitations on working time provided in section 1 

of this Article, but shall be paid for such overtime at the rate of one 

and one-third (11/s) times their normal rates of pay. 

SECTION 4. Employees in plants having not more than two "Production Units" and no "Excess Hardening Cylinder Capacity" 

(quoted terms as hereinafter defined) shall not be permitted to work 

in excess of forty ( 40) hours in any one w.eek, nor more than ten. 

(10) hours in any twenty-four (24) hour period beginning at midnight; provided, however, that at least one and one-third (11/3 ) times 

the normal rates shall be paid for all time worked in excess of eight 

(8) hours per day. · (The term" Production Unit" as used herein means and includes 

one ( 1) Brick Press and one ( 1) Hardening Cylinder; the Brick 

Press having such a capacity as will completely fill tlte Hardening 

Cylinder in ten (10) hours.) 

(The term" Excess Hardening Cylinder Capacity" as used herein 

means that the plant has more or larger Hardening Cylinders than 

its Brick Presses can completely fill in ten (10) hours.) 

SECTION 5. No employer shall knowingly permit any employee to 

work for any time which, when totaled with that already performed 

for another employer or employers, exceeds the maximum permitted 

herein. 
502 

ARTICLE IV-WAGES 

SECTION 1. No employee shall be paid less than at the rate of forty 

(40) cents per hour, except as herein otherwise provided. In the 

following states no employee shall be paid less than at the rate of: 

( 1) California, south of an east and west line drawn through Tehachapi; thirty-five (35) ·cents per hour. 

(2) Arizona, Arkansas Kentucky, New Mexico, North Carolina, 

Tennessee, Oklahoma, and Virginia; thirty (30) cents per hour. 

(3) Alabama, Florida, Georgia, Louisiana, Mississippi, South 

Carolina, and Texas; twenty-five (25) cents per hour. 

This minimum wage shall apply to common labor or totally unskilled labor. Other classes o£ labor shall be compensated at ratoo 

above this minimum. 

SECTION 2. This article est ablishes a minimum compensation for 

each class of worker, which shall apply irrespective of whether an 

employee is actually compensated on a time rate, piece work or other 

basis. 

SECTION 3. There shall be an equitable adjustment of all wages 

above the minimum. Upon the request of the Administrator, the 

Code Authorty shall submit, for his approval, a proposal for the 

adjustment of wages above the minimum. Upon approval by the 

Administrator after such public hearing as he may prescribe, the 

agreed upon plan shall become binding as a part of this Code, provided, however, that in no event shall hourly rates of pay be reduced. 

SEcTioN 4. An employer shall make payment of all wages due in 

lawful currency or by negotiable check, therefor payable on demand. 

These wages shall be exempt from any payments for :pensions, insurance or sick benefits, other than those voluntarily paid by the wage 

earners or required by law. Wages shall be paid at least twice a 

month. 

SECTION 5. An employee shall be paid at least his normal rate of 

pay for all time required to be spent at the place of employment or 

m connection with the discharge of duties of such employment. 

SECTION 6. No employer shall contract work to be done except 

when the person performing the contract is subject to the provisions 

of this Code or the code adopted for the Industry covering such 

work; and in no case shall an employer avoid or evade the Labor 

Provisions o£ this Code by contracting his work to any person subject 

to labor re~ulations less stringent than those provided in this Code. 

SECTION '(. No person employed in accounting, clerical, office, servioe or sales work shall be paid at less than the rate of fifteen ($15.00) 

dollars per week, except that such employees may be paid at not less 

than the rate of fourteen ($14.00) dollars per week in the territory 

included in subsection 2 of section 1 of this Article; and not less 

than at the r ate of thirteen ($13.00) dollars per week in the territory 

included in subsection 3 of section 1 o£ this Article. 

SECTION 8. Watchmen shall be paid at not l€ss than the rate of 

fifteen ($15.00) dollars per week. 

SECTION 9. This Article establishes rates of pay which shall be 

exempt from any charge, fine, and/or deduction by the employer, 

except as provided by law. 
503 

SECTION 10. A person whose earning capacity is limited because 

of age, physical or mental handicap, or other infirmity, may be 

employed on light work at a wage below the minimum established 

by a code, if the employer obtains from the State Authority, designated by the U. S. Department of Labor, a certificate uthorizin~ 

such person's employment at such wages and for such hours as shall 

be state~ in the certificate. Such authority shall be guided by the 

instructions of the U. S. Department of Labor in issuing certificates 

to such persons. Each employer shall file monthly with the Code 

Authority a list of all such persons employed by him, showing the 

wages paid to, and the 1naximum hours of work for such employee. 

ARTICLE V-GENERAL LABOR PRO\ ISIONS 

SECTION 1. No person under sixteen (16) years o£ age hall be 

employed in the Industry. No person under eighteen (18) years 

of age shall be employed at operations or occupations which are 

hazardous in nature or dangerous to health. The Code Authority 

shall submit to the Administrator for approval sixty ( 60) days after 

the effective date a list of such operations or occupations. In any 

State an employer shall be deemed to have complied with this provision as to age if he shall have on file a valid certificate or permit 

duly signed by an .Authority in such State empowered to issue employment or age certificates or permits showing that the employee 

1s of the required age. 

SECTION 2. (a) Employees shall have the right to organize and 

bargain collectively through representatives of their own choo ing 

and shaH 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. 

(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. 

SECTION 3. No employer shall reclassify employees or duties of 

occupations performed, or engage in any other subterfuge, for the 

purpose of defeating the purposes or provisions of the Act or of 

this Code. 

SECTION 4. Every employer shall make reasonable provision for 

the safety and health of his employees at the place and during the 

hours of their employment. Standards for safety and health shall 

be submitted by the Code Authority to the Administrator for approval within six months after the effective date of this Code. Upon 

approval thereof, such standards shall be binding upon every 

member of the Industry. 

SECTION 5. Within each State m.embers of the Industry shall comply with any Federal laws or any laws of such Stat e imposing more 

stringent requirements regulating the age of employees, wages, and 
504 

hours of work, safety or health, fire, insurance, or general working 

conditions than under this Code. 

SEcTION 6. Within ten days of the effective date, each employer 

shall post, and thereafter maintain, in conspicuous places easily accessible to employees, full copies of this Code and any amendments 

or modifications which may later be approved. 

SECTION 7. No employee shall be required, as a condition of 

employment, to trade at a store owned or specified by an employer. 

SEcTION 8. Employees, other than maintenance or supervisory 

men, or those necessary to protect property, shall not be required, 

as a condition of employment, to live in houses rented from or 

specified by the employer. 

ARTicLE ·VI-CosTs AND PRICES 

SECTION 1. Oost Finding.-The Code Authority shall cause to be 

formulated an accounting system and methods of cost finding 

and/or estimating capable of use by all members of the Industry. 

After such system and methods have been formulated, full details 

concerning them shall be made a vail able to all members, as shall 

full details of all changes therein as and when made. Before becoming effective the cost system and methods of cost finding and 

estimating, and all changes therein shall be filed with the Administrator subject to his approval. After such approval and notice by 

the Code Authority, each member of the Industry shall determine 

and estimate costs in accordance therewith. 

SECTION 2. Selling Below Oost.-Upon notice by the Code Authority, as provided in Section 1 of this Article, no member of 

the Industry shall sell any Industry product at a price below his 

own individual cost, as determined in accordance with Section 1 

above; except (a) to meet the filed price of another member of the 

Industry as provided below in SectiOn 3 (a) ; and except (b) that 

dropped lines or seconds may be disposed of by any member of the 

Industry at any price and on any terms and conditions, 'but only 

after such member, two weeks prior to such disposal has filed with 

the Code Authority a statement in writing setting forth the fact of, 

reasons for, and terms of f.:mch proposed disposal. 

SECTION 3. Open P1·ice Poliay.-(a) Each member of the Industry 

shall publish and file with the Code Authority within ten days of 

the effective date of this Code a price list of all Industry products 

offered for sale or sold by him and all terms, conditions of sale and 

credit extensions relating thereto. Such price lists and terms and 

conditions of sale so filed with the Code Authority shall be open to 

inspection at all reasonable times by any interested party. Revised 

price lists or revised terms and conditions of sale may be filed from 

time to time thereafter with the Code Authority by any member 

of the Industry; provided, however, that such revisions shall be filed 

with the Code Authority five days in advance of the effective date 

thereof; and provided further, that any other member of the Industry may file revisions of his price hst or terms and conditions 

of sale to meet the revisions first filed, which may become effective 
505 

upon the date when the revised price list or revised terms and conditions of sale first filed shall become effective. 1 

(b) No member of the Industry shall sell or offer for sale any 

product of the Industry at prices lower than the prices filed in his 

price list, or on more favorable terms and conditions of sale, than 

the terms and conditions of sale previously filed by such member 

with the Code Authority in accordance with the provisions of Subsection (a) of this Section and in effect at the time of such sale. 

ARTICLE VII-PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made impossible of consummation if prices of goods and services increase as rapidly as wages, it is recognized that price increases 

except such as may be required to meet individual cost should be 

delayed. But such increases should, so far as possible, be limited 

to actual additional increases in the seller's costs. 

ARTICLE VIII-ADMINISTRATION 

SECTION 1. 0 ode Authority .-To further effectuate the policies of 

the Act, a Code Authority Is hereby constituted to cooperate with 

the Administrator in the administration of this Code. 

SECTION 2. Organization of Oode Authority.-The Code Authority shall consist of seven (7) members, all of whom shall be the chairmen of their respective Regional Committees as hereinafter provided 

in Section seven (7) of this Article. During the period prior to the 

organization of the Code Authority as provided in the foregoing 

sentence, but not to exceed a period of thirty (30) days from the 

effective date of this Code, the chairman of the Code Committee as 

elected by the tentative organization shall serve and act as the Code 

Authority. In addition to the seven (7) members elected by the 

Industry, from one to three members may be appointed to the said 

Code Authority by the Administrator for terms of from six months 

to one year as designated in the order of appointment. The members 

so appointed by the Administrator shall be without vote and shall be 

given notice of and may sit at all meetings of the Code Authority. 

Similar notice of meetings of the Code Authority shall also be given 

to the Administrator. 

SECTION 3. In order that the Code Authority shall at all times be 

truly representative of the members 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 is not truly representative 

or does not in other respects comply with the provisions of the Act, 

may require an appropriate modification in the selection of the Code 

Authority. 

SECTION 4. If the Administrator shall determine that any action 

of a code authority or any agency thereof may be unfair or unjust or 

contrary to the public interest, the Administrator may require that 

such action be suspended to afford an opportunity for investigation 

1 See paragraph 2 of order approving ths Code. 
506 

of the merits of such action and further consideration by such code 

authority or agency pending final action which shall not be effective 

unless the Administrator approves or unless he shall fail to disapprove after thirty days' notice to him of intention to proceed wit~ 

such action in its original or modified form. 

SECTION 5. Powers and D1.tties of Code Authority.-The Code Authority shall be charged with the administration of this Code 

throughout the Industry and without limiting the foregoing shall 

have the following specific powers and duties: 

(a) 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 of employment, number of employees, production, shipments, sales, stocks, prices and other matters per~inent 

to the provisions or operations of this Code, as the Code Authority 

may specify, or as the Administrator may from time to time require; 

provided however that information of a confidential nature shall 

not be divulged to a competitor or competitors. 

(b) In addition to information required to be submitted to the 

Code Authority, n1embers of the Industry shall furnish to such 

Federal and State agencies as the Administrator may designate, such 

statistical information as the Administrator may deem necessary for 

the purposes recited in Section 3 (a) of the Act, and nothing in this 

code shall relieve any person of any existing obligation to furnish 

reports to Government agencies. 

(c) 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. 

(d) To coordinate the activities of the regional committees hereinafter referred to. 

(e) To submit to the Administrator from time to time such recommendations, modifications or proposed amendments 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 Administrator, after such notice and hearing as he may require, shall become effective as a part of this code. 

(f) To set up standards regarding specifications and sizes of 

Industry products, and to submit such standards for the approval 

of the Administrator. 

(g) To adopt by-laws, rules and regulations, elect officers, appoint 

agents, and otherwise regulate its activities. 

(h) To establish, subject to the approval of the Administrator, 

the pro rata share of the expense of administration of this code by 

the Code Authority, on the basis of volume of business and/ or such 

other factors as may be deemed equitable to be taken into consideration, and to collect such expenses from members of the Industry. 

(i) To insure the execution of the provisions of this Code and 

provide for the compliance o:f the Industry with the provisions of 

the Act. 

(j) To cooperate with committees representing other Industries 

for the purpose of effecting solutions to mutual problems. 

(k) Ad1ninistrative Expense.-Only those members of the Industry who assent to and comply with the requirements of this Code and 

sustain their reasonable share of the expenses of its administration 
507 

as noted in subsection (h) aboYe shall be entitled to participate in 

and share the benefits of the activities of the Code Authority and to 

participate in the selection of the members thereof, and to use the 

National Recovery Administration code insignia. 

SECTION G. Each trade association directly or indirectly participating in the selection or activitie~ of the Code Authority shall: (1) 

impose no inequitable restrictions on member hip, and (2) submit 

to the Administrator true copies of its articles of association, bylaws, reg11lations, and any amendments when made thereto, together 

with uch other information as to membership, organization, and 

activities as the Administrator may deem necessary to effectuate the 

purpose of the Act. 

SECTION 7. R e,qional Committees.-(a) Further to effectuate the 

policies of the Act and to cooperate with the Code Authority in 

administering this Code, there shall be established in each region, 

as noted in Article XII, an administrative agency to be known as 

Regional Committee, to be made up of one representative from each 

member of the Industry in that region. Each region shall, so far as 

practicable, be self-governing under this Code, however the acts of 

such committees shall be subject to the approval of the Code Authority, and the Code Authority shall not be relieved of it r esponsibility for the administration of this Code. 

(b) Each Regional Committee shall, by a fair method of election approved by the Administrator, choose from among its members a chairman within four weeks of the effective date of this Code. 

(c) No Industry member of the Code Authority, and no member 

of any 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 or until his successor is elected. 

ARTICLE IX-TRADE PRACTICES 

SEcTION 1. The following practices constitute unfair methods of 

competition for members of the Industry and are prohibited, and 

when employed shall be deemed violations of this Code: 

(a) 'iVithholding 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. 

(b) The sale of an inferior quality of industry product at a fair 

price for such product, and the delivery of a product of superior 

quality selling at a higher price. 

(c) 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. 

(d) Interference with or the obstruction of the performance of a 

contract by the solicitation by a member of the Industry or his representative, directly or indirectly, of an order for Industry products, 

with knowledge that a signed order from the one in authority has 
508 

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

Industry products shall not be regarded as a signed order. 

(e) 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. 

(f) No member of the Industry shall give, permit to be given, or 

directly offer to give, anything of value for the purpose of influencing 

or rewarding the action of any employee, agent or representative of 

another in relation to the business of the employer of such employee, 

the principal of such agent or the represented party, without the 

knowledge of such employer, principal or party. This provision shall 

not be construed to prohibit free and general distribution of articles 

commonly used for advertising except so far as such articles are 

actually used for commercial bribery as hereinabove defined. 

(g) The making of lump sum bids, or installed prices by a member 

of the Industry or his agent, on Industry products, special shapes, 

and other building materials, thereby concealing the unit price of 

each of the several items embraced therein. 

(h) The shipment or delivery of Industry products, which do not 

conform to the standard of sample submitted as representative of 

the material to be shipped, or to representations made prior to securing the order, unless with the consent of the purchaser to such 

substitution prior to shipment. 

( i) The payment of commissions or bonuses to other than bona fide 

dealers or brokers who are recognized as such in the Industry, or 

:full time salesmen employed by the member of the Industry for 

whom the sale is made. 

SECTION 2. All quotations and contracts, except petty sales to individuals or small sales for local consumption not exceeding one (1) 

truck load, for the sale of the products of the Industry, shall be made 

or confirmed in writing and shall contain a definite statement of 

price, quantity, terms of payments, time and place of delivery, and 

all other items necessary to form a complete understanding. 

ARTICLE x-:MoNOPOLIES 

No prov1s1ons of this code shall be so applied as to permit 

monopolies or monopolistic practice, or to eliminate, oppress, or 

discriminate against small enterprises. 

ARTICLE XI-~10DIFICATIONS 

(a) This Code and all the provisions 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/and conditions 

imposed by him upon his approval thereof. 
509 

(b) This Code, except as to prmrisions 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 such notice and hearing as he shall specify, and to become 

effective on approval o:f the President. 

ARTICLE XII-REGIONAL DIVISIONS 

The territories comprising the region into which the United States 

shall be divided for administration of the Act in the industry, shall 

be as given in schedule A attached. These regions are subject to 

coordination or revision by the Code Authority, with the approval 

of the Administrator. 

ARTICLE XIII-EFFECTIVE DATE 

This Code shall become effective at 12: 01 A.M. on the tenth day 

after its approval by the President. 

Approved Code No. 365. 

Registry No. 1007-13. 
UNIVERSITY OF FLORIDA 

lll lllllllllll llllllllllllllllllllllllllllllllllllllllllllllllll 

3 1262 08486 8560 

SCHEDULE A 

NAMES OF REGIONS 

Region 1: The States of :Maine, New H ampshire, Vermont, Massachusetts, 

Connecticut and Rhode Island, with the exception of that territory included 

within a radius of seventy-five (75) air-miles of the City Hall of New York City. 

Region 2: The territory included within a radius of se\enty-five (75) air-miles 

of the City Hall in New York City, and including all of Long Island. 

Region 3 : New York, New J ersey, Pennsylvania, Delawru:e, Maryland, and 

the Dist1ict of Columbia exclusive of the areas covered by region two above. 

Region 4: Virginia, West Virginia, Kentucky, Louisiana and those States 

south of the Ohio River and East of the Mississippi River. 

Region 5: Texas, Oklahoma, New Mexico, Arizona, California, Nevada, Utah, 

'Yashington, Oregon, Montana, Idaho, and Wyoming. 

Region 6: Missouri, Arkansas, Iowa, Kansas, Colorado, Nebraska, the Dakotas, and that part of Illinois not included in r egion seven below. 

Region 7: Minnesota, Wisconsin, Michigan. Indiana, Ohio, and that part of 

Illinois included \\ithin a radius of fifty (50) air-miles of the City Hall in 

Chicago. 

(510) 

0