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3 1262 08486 7893 Registry No. 1037-lf 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

OHIO-SANDSTONE INDUSTRY 

AS SUBMITTED ON AUGUST 31 , 1933 

WE OO~UR PDT 

I ~ • t 

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The Code for the Ohio-Sandstone Industry 

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

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 
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http://www.archive.org/details/proposedcodeoffa7893unit 
CODE OF FAIR COMPETITION FOR THE OHIO-SANDSTONE 

INDUSTRY 

AUG. 31, 1933 

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

Industrial Recovery Act during the period of the emergency, to 

induce and maintain the united action of all element of the OhioSandstone Industry under adequate governn1ental or private sanctions and supervisions, to eliminate unfair competitive practices, 

and to advance the public interest, to reduce and relieve unemployment, to improve standards of labor and living and otherwise 

to rehabilitate the Ohio-Sand tone Industry, the following provi ions 

are establi hed as a Code of Fair Competition. 

PART ONE 

1. Definition .-The term 11 Ohio-Sandstone Industry" a used 

herein is defined to mean the quarrying and fabricating of that 

silica stone found in the stat es of Ohio, Kentucky, and \Vest Virginia 

and u ed a architectural building stone, curbing, flag stone, and for 

grave vault , grindstones, breakwater , firestone, etc. The term 

"employee " a used herein shall include all persons employed in 

the conduct of such operations. The term "persons" as used 

herein shall include natural per ons, partnerships, associations, and 

corporations. The term 11 effective date" as used herein is defined 

to be the ecqnd Monday after the approval of this Code by the 

President. 

PART TWO 

2. Provisions incorporated from National Industrial Recovery Act.-

(a) Employees shall have the right to organize and bargain collectively through representative of their own choosing, and shall be 

free from interference, restraint, or coercion of employers of labor, 

or their agents, in the designation of u h representatives or in selforganization or in other concerted activities for the purpose of 

collective bargaining or other mutual aid 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. 

(d) This Code and all provi ions thereof are expres ly made 

subject to the right of the President in accordance with the proYisions 

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

time to time to cancel or modify any order, approval, licen e, rule, 

or regulation is ued with re peet hereto under Title I of aid Act. 

9121-33 (1) 
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3. Minimum wages.-On and after the effective date the minimum 

wage to be paid persons engaged in this Industry in the State of Ohio 

shall be thirty-five cents ($.35) per hour. On and after the effective 

date, the minimum wage to be paid persons engaged in this Industry in 

the State of l(entucky and in the State of West Virginia shall be thirty 

cents ($.30) per hour. These restrictions shall not apply to apprentices, water boys, nor signal boys. 

On and after the effective date, the minimum wage to be paid 

accounting, clerical, office (including draftsmen and estimators) or 

sales employees in this Industry shall be fifteen dollars ($15.00) per 

week. 

No employer adhering to this Code shall reduce to the minin1um 

wage authorized herein any workers or class of workers now receiving 

more than the said rninimum wage. 

4. Maximum hvurs.-On and after the effective date, and except 

as hereinafter provided, no employer in this Industry shall cause or 

permit any employee to work at an average of more than forty (40) 

hours per week in any six (6) months' period nor morethanforty-eight 

(48) hours in any one week. On and after the effective date no employer in this Industry shall cause or permit any draftsman or estimator to work at an average of more than forty (40) hours per week in 

any six (6) months' period. For the purpose of this article, the calendar year is divided into two periods of six (6) months each beginning, 

respectively, on February first and August first. After the date of the 

employment by any employer in this Industry of any employee, such 

employer shall not knowingly permit such employee who also shall 

have performed work for one or more other employers to work for ·such employer such number of hours as would result in violation of 

the Code had all such work been performed for such employer. 

This restriction shall not apply to office and supervisory staffs, 

stationery engineers and firemen, nor to labor used in the maintenance 

of plant facilities. By "labor used in the maintenance· of plant facilities" is meant labor not engaged in production, such as wa.tchmen 

9,nd repair crews. 

On and after the effective date, the maximum hours of labor for 

accounting, clerical, office (excluding draftsmen and estimators) 

employees (except outside salesmen) in all establishments of this 

Industry shall be forty (40) hours per week per man. 

5. Mim'mum Age.-An employer in the Ohio-Sandstone Association shall not employ any minor under the age of sixteen (16) years 

or under any greater age specified by law or competent governmental 

authority. 

6. Amendments.-Amendment to this Code may be proposed by .any member of the Ohio-Sandstone Association, and when approved 

by the National Recovery Control Committee shall be submitted to 

the membership of the Association. When approved by a two-thirds 

majority of the members present at a meeting called for that purpose 

after ten (10) days notice of such meeting (stating the purpose of the 

meeting) has been given by the Secretary such amendment shall be 

.submitted to the President and shall be effective when approved by .the President. 

Any amendment which fails of approval by the National Recovery 

Control Committee shall be submitted to the Association as hereinbefore provided after one third of the members of the Association 
3 

have, by a signed petition, request the Association to con ider the 

amendment. 

7. Control Committee .-There shall be a National Recovery Control 

Committee to be composed of five (5) persons, three (3) of whom shall 

constitute a quorum. Three (3) members of the National Recovery 

Control Committee shall be quarriers of Ohio-Sandstone, and theremaining two (2) shall be fabricators of Ohio-Sandstone. 

The Ohio-Sandstone Association shall elect from among its members the five (5) members of the National Recovery Control Committee. Each quarrier subscribing to this Code is entitled to one vote 

for the election of each member of the said National Recovery Control 

Committee. Each fabricator subscribing to this Code is entitled to 

one vote for the election of each member of the said National Recovery Control Committee. Persons subscribing to this Code who are 

both quarriers and fabricators of Ohio-Sandstone are thus entitled to 

cast two votes for the election of each member of the National Recovery Control Committee. The National Recovery Control Committee so elected shall elect one of its members as chairman and the 

members thereof shall hold office until their successors are elected. 

TheN ational Recovery Control Committee is charged with carrying 

out the purposes of the Industrial Recovery Act as it applies to the 

Ohio-Sandstone Industry; is charged with the administration and 

enforcement of this Code, and is hereby empowered to make such 

rules and regulations as may from time to time be deemed necessary 

for these purposes. These rules and regulations shall be effective 

upon approval by the President. 

In case any quarrier or fabricator of Ohio-Sandstone shall within 

fifteen (15) days after approval by the President of this Code fail to 

perform the obligations as provided hereunder, it shall be the duty of 

the National Recovery Control Committee of the Association to prepare and submit to the Industrial Recovery Administration a full 

statement of the facts in such case. 

8. Disputes and appeals.-All disputes or controversies involving 

persons in the Ohio-Sandstone Industry, as herein defined, shall be 

referred to the National Control Committee of the Ohio-Sandstone 

Association for adjustment. In the event that the adjustment or 

reconciliation recommended by the National Control Committee of 

the Ohio-Sandstone Association shall not be accepted by either party 

to the controversy, the National Control Committee of the OhioSandstone Association shall, at the request of any party directly concerned, refer the matter to the National Administrative Committee 

of the Construction Industry as established in the Construction Industry Code for appropriate adjustments by it. In the event that the 

adjustn1ent or reconciliation recon1mended by the National Administrative Committee of the Construction Industry shall not be accepted 

by any party to the controversy or complaint, the National Admini - trative Committee shall, at the request of any party directly concerned, refer the matter to the Administrator who, at his option, may 

hear and determine any such controversy or complaint. Any adjustment or reconciliation of any such controversy or complaint determined by the Administrator shall be final and shall bind the employers 

or association thereof involved in any such controversy or initiating 

any uch complaints. 
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It is the spirit of the foregoing provisions that, o far as possible, 

controv rsies or complaint"' ari ing within the Ohio Sandstone Industry shall be fully determined and adjusted by the Control Committee 

of the Ohio Sandstone Association or by the National Administrative 

Committee of the Construction Industry and that whenever adjust- ments or r conciliations recommended bv such Committees are con- istent with reasonable compromise, recourse shall not be had or appeal 

made to the Adn1inistrator. 

9. Adju ·tments.-In the event that any buyer subject to this Code 

shall have contracted before June 16, 1933, to purchase goods, struc- tures or parts thereof at a fixed price for delivery during the period of 

the President's Reemployment Agreement, he shall make an appro- pria te adjustment of said price to meet any jncrea e in cost to the 

seller, caused by the seller's having signed the President's Reemployment Agreement or having become bound by any Code of Fair 

competition approved by the President; provided, however, that in 

view of the fact that construction operations customarily involve the 

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

continuou series of independent long-ter1n contracts, and. agreements 

at fixed prices between various parties, such as owners Uncluding 

governmental departments), builders, contractors, subcontractors, 

and others, such adjustments shall be contingent upon similar appro- priate adjustments to be made by all other parties thus participating, 

from and including the initial vendor of such goods and structures or 

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

upon which they are used. 

10. Bid Peddling Prohibited.-No one in the Ohio Sandstone Industry shall be a party to the unfair practice commonly known throughout the Construc.tion Industry as "Bid Peddling." Any person 

violating this Article is guilty of an unfair method of competition. 

11. Administrative expense.~All employers and persons as defined 

in this Code shall bear their equitable share of the expense incident 

to the administration of this Code of Fair Competition. 

12. Effective date.-This Code shall become effective on approval 

by the President of the United States and shall be applicable to all 

construction work undertaken pursuant to contracts entered into or 

otherwise commeneed after such approval date. 

PART TWO 

ARTICLE I 

Membership in the Ohio-Sandstone Association and participation 

in this Code and subsequent revision thereof and additions thereto 

shall be open to any person or to any association of persons now 

engaged in the quarrying or fabrication of Ohio-Sandstone or the 

successor or successors thereof, upon terms of equality of all present 

members. Subscription fees or other assessments shall be equitable 

uniform rates based on the shipments of members, except that the 

Association reserves the right to impose a small annual charge, which 

also shall be uniform. 
ARTICLE II-PRODUCTION 

TheN ational Recovery Control Committee of the Ohio-Sandstone 

Association shall determine and from time to time revise an estimate 

of expected Ohio-Sandstone consumption for architectural building 

use in structures to be erectP-d in Ohio, and based thereon it shall 

establish and from time to time revise an equitable production 

quota and distribution basis for quarriers and an equitable production 

quota and distribution basis for fabricators of Ohio-Sandstone. Production or fabrication of Ohio-Sandstone for architecture! building 

use in Ohio structures by quarriers or fabricators in excess of the 

respective allotments as made by the National Recovery Control 

Committee is an unfair method of competition. The quarry and plant capacity of the Ohio-Sandstone Association 

is more than one hundred per cent (100%) in excess of the ordinary 

demands for Ohio-Sandstone. For the purpose of preventing an 

unwarranted increase of capacity, it is herehy agreed that the adherents to this Code shall not, during the period of emergency, install in 

their quarries or plants any channeling machines or any planers, 

jointing saws, or other stone-working machines where such installation 

is made for the purpose of or will have the effect of increasing the 

present capacity of the Industry. Such installation by any adherent 

to this Code will be an unfair method of competition. 

ARTICLE III-PRICES OF OHIO-SANDSTONE 

The marketing of Ohio-Sandstone, whether by quarriers or fabricators, should be on a price basis which will cover costs. 

ARTICLE IV 

Block and sawed stone is sold to cut stone contractors throughout 

the United States. Grindstones are sold to manufacturers or hardware jobbers throughout the United States. Grave vaults are sold 

to grave vault dealers throughout the United States. The subscribers 

to this Code who sell block and sawed stone, grindstone, curbing, 

:fia.gging, and grave vaults agree to file price schedules therefor with 

the Association. Notice of changes in such price schedules shall be 

given the Association six (6) days before such changes become 

effective. 

The subscribers to this Code who sell block and sawed stone, 

grindstones, curbing, flagging, and grave vaults agree to maintain 

the price so filed without directly or indirectly attempting to evade 

or without directly or indirectly evading the same by secret rebates 

or any other way. 

ARTICLE v 

Planed, turned, and finished cut stone is sold to general contractors, 

architects, engineering concerns, and owners by a system of competitive bidding. Adherents to this Code shall, prior to filing bid for 

the sale of more than three hundred (300) cubic feet in any one job 

of such stone, file copies of such bids with the Secretary of the A sociation. Such copies shall be filed not less than seventy-two (72) hours 

prior to the time for the opening of such bids by the owner, architect, 
6 

or general contractor, unless less time is granted therefor by the 

National Recovery Control Committee. 

The National Recovery Control Committee shall check bids so filed 

against the allotment theretofore granted each such bidder; against 

the respective costs of production and delivery charges for errors 

which bring the amount of the bids below the costs of production and 

delivery charges; and for compliance with the Code. 

The National Recovery Control Committee will advise any bidder, 

the amount of whose bid is below the costs of production, who has 

failed to comply with the Code or who, by obtaining· the work bid 

for, would unwarrantedly exceed his allotment, of the findings in such 

case. Such bidders, if they desire, will be given an opportunity to 

defend their bids before the National Recovery Control Committee. 

The members of this Association hereby agree to withdraw bids found 

not satisfactory under the provisions of this Code by the National 

Recovery Control Committee. Failure to withdraw a bid found unsatisfactory under this Article is an unfair method of competition. 

ARTICLE VI 

In order to obtain the benefits provided under this Code, it is not 

necessary for any employee to join any company union or any other 

organized labor union. 

ARTICLE VII 

Violation by any person engaged in the Ohio-Sandstone Industry 

as herein defined of any of the provisions of this Code or of any 

approved rule issued thereunder is an unfair method of competition. 

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