UNIVERSITY OF FLORIDA 

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3 1262 08486 7877 Registry No. 1041-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

TERRA COTTA INDUSTRY 

u. 

AS APPROVED ON OCTOBER 31, 1933 

BY 

PRESIDE-NT ROOSEVELT 

~DO OUR PART 

1. Executive Order 

2. Letter of Transmittal 

3. Code 

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UNITED STATES 

GOVERNMENT PRINTING OFFICB 

WASHINGTON : 1933 

For sale by the Superintendent of Documents. Washill(ton, D.C. - - - - - - - - Price IS 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 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, Mo.: 10.28 Baltimore· Avenue. 

Los Angeles, Calif. : 1163 South Broadway. 

Louisvil1e. 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. : 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. 

(U) 
EXECUTIVE ORDER 

CoDE OF FAIR CoMPETITJON FOR THE TERRA CoTTA 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 my approval of a Code 

of Fair Competition for the Terra Cotta 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 with respect thereto, and the Administrator having found that the said 

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, 19331 and otherwise, do approve the report and recommendations and 

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

code of fair competition be and is hereby, approved. 

THE WRITE HousE, 

October 31, 1933. 

Approval recommended: 

HUGH s. JOHNSON' 

Adminuirator. 

FRANKLIN D. ROOSEVELT. 

(ill) 

18872°----188-113----33 
• 

OcTOBER 26, 1933. 

THE PREsiDENT] 

The Whtte House. 

Srn: This is a report of the hearing on the Code of Fair Competition for the Terra Cotta Industry in the United States, conducted in 

Washington on September 26, 1933, in accordance with the provisions of the National Industrial Recovery Act. 

PROVISIONS OF TmS CODE AS TO WAGES AND HOURS 

This code provides for a maximum work week of forty hours, with 

the following exceptions : 

(a) Employees in supervisory, technical; or executive capacities 

receiving in no week less than $35.00, outside salesmen and watchmen; 

(b) Office and technical staff, who shall receive time and one 

third for time over forty hours per week; draftmen, repair shop 

crews, engineers, electricians, outside crews, and cleaners, who shall 

receive time and one third for time over forty-four hours per week; 

e.stimators and firemen, who shall receive time and one third for 

time over forty-eight hours per week. 

This code provides for minimum rates of pay of thirty-five cents 

in the North and thirty cents in the South, regardless of whether 

·an employee is compensated on a time rate, piecework rate, or other 

basis. 

It provides a minimum rate for watchmen of $15.00 per week. A 

person whose earning power is limited because of physical or mental 

defect, age, or other infirmity, may be employed at a wage below 

the above mentioned minima, if the employer obtains from the State 

Authority designated by the United States Department of Labor a 

certificate authorizing his e1nployment at such wages and for such 

hours as shall be stated in the certificate. 

To the extent practicable, earnings shall not be decreased and 

rates of pay in excess of the minimum prescribed in the Code shall 

be increased so as to preserve equitable differentials. 

No person under sixteen years of age shall be employed and none 

under eighteen employed in any hazardous occupation. 

ECONOMIC EFFECTS OF THE CODE 

This industry is, at the present time, in a most serious condition. 

According to figures presented by the Code Committee, the sales 

for the first eight months of 1926 amounted to $14,057,082, whereas 

for the first eight months of 1933 they amounted to only $577,517, 

or approximately four percent of the 1926 figure. 

In view of the present low volume of business in this industry, it 

is doubtful whether the adoption of this code will result in a large .immediate increase in employment. If the industry were to return 

to normal volume of business, the code would result in an increase 

(IV) 
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of over twenty percent in the number of men employed and close to 

$1,500,000 in annual payroll, according to figures presented by the 

Code Committee. 

The minimum wage rates specified represent an increase over minimum wage rates, now prevailing within the industry, of from 75% 

to 100% in the North and of approximately 150% in the South. 

For an industry, in the condition in which this one finds itself, to 

go so far is evidence of a very fine spirit of cooperation. 

FINDINGS 

The Administrator finds that-

( 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 

Terra Cotta 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. 

It is recommended, therefore, that this Code be immediately 

adopted. 

Respectfully, 

HuGH S. JOHNSON, 

Adntinistrator. 

CODE OF FAIR COMPETITION FOR THE TERRA COTTA 

MANUFACTURING INDUSTRY 

ARTICLE I-PunPOSE 

To effectuate the policy of Title I of the National Industrial Recovery Act, during the period of the emergency, by reducing and 

relieving unemployment, improving the standards of labor, eliminating competitive practioos destructive of the interests of the public, 

employees, and employers, and otherwise rehabilitating the Industry, 

the following provisions are submitted as a Code of Fair Competition for the Terra Cotta Manufacturing 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 

A. The term "Industry" as used herein is defined to mean the 

m·anufacture for sale of hand-made architectural terra cotta andjor 

machine-made terra cotta wall facing of the type fabricated by 

architectural terra cotta manufacturers for use in the erection and 

construction of buildings. 

B. The term " Employee " as used herein shall include anyone 

engaged in the Industry as hereinabove defined in any capacity receiving compensation for his services, irrespective of the method of 

payment of such compensation. 

C. The term" Employer" as used herein includes anyone by whom 

such employee is compensated or employed. 

D. The term "District" as used herein means a geographical 

district of the United States as established by the Code Authority. 

E. The term "North " as used herein means all territory in the 

United States except that listed below under "South." 

F. The term "South" as used herein means the following States: 

Alabama, Arkansas, Florida, Georgia, lCentucky, Louisiana, Mississippi, North and South Carolina, Oklahoma, Tennessee, Texas and 

Virginia. 

G. The term "bid" as used herein means a lump sum estimate 

and proposal of a terra cotta manufacturer to furnish to an owner 

or to a general contractor or to a subcontractor for masonry, the 

terra cotta required for a particular building project, according to 

the drawings of the architect and the specifications for such building. 

H. The terms "President", "Act", and "Administrator" as used 

herein shall mean respectively the President of the United States, 

the National Industrial Recovery Act, and the Administrator of 

said Act. 

I. The term" effective date" as used herein shall mean the second 

Monday after the approval of this Code by the President. 

(1) 
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ARTICLE III-LABOR 

A. W ages.-1. On and after the effective date, except as hereinafter set forth, no employee shall be paid at less than the rate of 

thirty-five (35) cents per hour in the North and thirty (30) cents 

per hour in the South. 

2. The foregoing paragraph of Section A establishes a minimum 

rate of pay regardless of whether an employee is compensated on a 

time rate, piece-work rate, or other basis. 

3. To the extent practicable, earnings shall not be decreased and 

rates of pay in excess of the minimum herein prescribed shall be 

increased so as to preserve equitable differentials. 

4. Watchmen either in the plant or office shall be paid not less 

than $15.00 per week. 

5. A person whose earning power is limited because of physical or 

mental defect, age, or other infirmity, may be employed at a wage 

below the minimum set by the Code, if the employer obtains from 

the State Authority designated by the United States Department of 

Labor a certificate authorizing his employment at such wages and 

for such hours as shall be stated in the certificates. State Authorities 

will be guided by the instructions of the United Stat€s Department 

of Labor in issuing certificates to such persons. 

B. H ours.-1. On and after the effective date, no employee shall 

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

one week. 

2. The provisions of the foregoing paragraph of Section B shall 

not apply to employees in supervisory;, technical, or executive capacities, receiving in no week less than 11'35.00, or to outside salesmen, 

watchmen, and janitors, or to the following employees: 

(a) Estimators, who may work not to exceed forty-eight (48) 

hours per week, with payment of time and one third for overtime 

thereafter. 

(b) Draftsmen, who may work not to exceed forty-four ( 44) 

hours per week, with payment of time and one third for overtime 

thereafter. 

(c) Office and technical staff, who may work not to exceed forty 

( 40) hours per week, with payment of time and one third for overtime thereafter. 

(d) Firemen, who may work not to exceed :forty-eight (48) hours 

per week, with payment of time and one third for overtime thereafter. 

(e) Repair-shop crews, engineers, and electricians, outside crews 

and cleaners, who may work not to exceed forty-four ( 44) hours per 

week, with payment of time and one third for overtime thereafter. 

3. No employer shall knowingly engage any employee for any 

time which, when totaled with that already performed with another 

employer or employers, exceeds the maximum permitted herein. 

C. Ohild Labor.-N o person under sixteen (16) years of age shall 

be employed· in the Industry, nor anyone under eighteen (18) years 

of age at operations or occupations hazardous in nature or detrimental to health. The Code Authority shall submit to the Administrator before January 1, 1934, a list of such occupations. In. any 

State an employer shall be deemed to have complied with this pro-
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vision if he shall have on file a certificat€ or permit duly issued by 

the authority in such State empowered to issue employment or age 

certificates or permits, showing that the employee is of the required 

age. 

D. Olassification.-Employers shall not reclassify employees or 

duties of occupations performed by employees so as to defeat the 

purposes of the Act. 

E. Stability of Employment.-An employer shall so administer 

work in his charge as to provide a maximum practicable continuity 

of employment for his personnel. 

F. Related Laws.-Within each State this Code shall not supersede any laws of any governmental authority imposing more stringent requirements on employers regulating the age of employees, 

wages, hours of work, or health, fire, or general working conditions 

than under this Code. 

G. Posting of Oode.-Each employer shall post in conspicuous 

places in each department full copies of this Code. 

H. Statutory Provisions.-1. Employees shall have the right to 

organize and bargain collectively through representatives of their 

own choosing, and shall be free from the interference, restraint, or 

coercion of employers of labor, or their agents in the designation of 

such representatives or in self-organization or in other concerted 

activities for the purpose of collective bargaining or other mutual 

aid or protection. 

2. 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. 

3. Employers shall comply with the maximum hours of labor, 

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

ARTICLE IV-REPORTS 

A. With a view to keeping the President informed as to the 

observance or nonobs~rvance of this Code of Fair Competition, and 

as to whether the Industry is taking appropriate steps to effectuate 

the declared policy of the Act, and in order to effectuate the declared 

policy of the Act, and with a view to keeping each manufacturer 

appropriately informed respecting the Industry, each employer in 

the Industry shall furnish to the Code Authority, or to such agency 

as the Code Authority may hereafter designate, duly certified reports in substance as follows, and in such form as may hereafter be 

prescribed. 

1. Wages and Hours of Labor.-Returns every four weeks showing actual hours worked by the various occupational groups of employees and minimum weekly rates of wage. 

2. Reports on Orders.-W eekly returns showing orders taken in 

terms of the conunonly used units; i.e., tonnage and net dollars of 

each such order. 

3. Bids or Estimates.-Daily or current record of bids submitted. 

B. The National Terra Cotta Manufacturers Association is initially constituted the agency, directly and through its district offices, 
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to collect, to receive, and to disseminate such reports. Such Agency 

and/ or the Code Authority shall make reports to the Administrator 

at such times and concerning such conditions in the Industry, or 

any other matters pertinent to this Code or to the Act, as he may 

ptescribe. 

In addition to the in:formation required to be submitted as hereinabove set :forth, employers shall :furnish to government agencies such 

statistical in:formation as the Administrator may deem necessary :for 

the purposes recited in Section 3 (a) o£ the Act. 

ARTICLE V-AlrniTRATION 

All members of the National Terra Cotta Manufacturers Association, and such other members o£ the Industry as 1nay hereafter 

have subscribed to this Article of this Code, shall submit any questions and/or controversies between members o£ the Industry or 

districts thereo£ arising out o£ conditions in the Industry or out of 

the operation o£ the provisions o£ this Code to determination, subject to review by the Administrator, by an arbitration board, appointed by a committee consisting o£ the President, the three N ationa! Vice Presidents, the National Treasurer, the National Secretary, and the three executive committee members of the National 

Terra Cotta Manufacturers Association. As a condition precedent 

to such arbitration, such members or Districts shall obtain a certificate :from the Code Authority or, i£ the controversy be . confined to 

members within the same district, a certificate from the designated 

agency o£ the Code Authority within that district, that the subject 

. matter of the controversy is appropriate for arbitration. Such committee shall appoint such arbitration boards upon request of any 

member of the Association or of any member of the Industry who 

has subscribed to the provisions of this Article or upon the request 

of any District of the Industry; provided, however, that the provisions of this Article shall not be construed as inconsistent with 

any provisions o£ the Act or with such rules or regulations as the 

Administrator may, in accordance with law, prescribe. 

ARTICLE VI-ADMINISTRATION 

· A. To effectuate further the policies of the Act, a Code Authority, 

consisting of three members o£ the Industry, or of such other number 

as may be approved :from time to time by the Administrator, elected 

by members o£ the Industry by :fair methods of election, is hereby 

established to cooperate with the Administrator as a planning and 

fair practice agency :for the Industry. The National Terra Cotta 

Manu:facturers Association is hereby designated as the agency to 

con~uct such election and the Code Authority so elected is hereby 

designated as the agency to promote the purposes of this Code. 

Such election shall be conducted within sixty days :from the effective 

da~ o£ this Code and the term of office shall be :for the period terminating on August 16, 1935. The Administrator, i£ he so elects, may 

appoint not more than three additional nonvoting members of the 

Code Authority to serve as his representatives or as representatives 

of such interested groups as he may designate. 
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B. In order that the Code Authority shall at all times be truly 

representative 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 method of selection of the Code Authority. 

C. The Code Authority shall have the following duties and powers 

to the extent permitted by the Act, subject to the · right of the Administrator on review, to disapprove or modify any action taken 

by the Code Authority pursuant to this Code. 

(1) The Code Authority shall be the general planning, coordinating, and administering agency of this Code. It may make such rules 

and regulations as may be necessary for the administration of this 

Code. 

(2) The Code Authority may prepare and adopt for the Industry, 

after the approval thereof by the Administrator, a uniform system 

or method of estimating job" costs, which system or method shall 

specify the items to be included in determining cost. After the 

adoption and approval of such system or method, as hereinabove provided, each member of the Industry shall keep accounts and records 

in such manner as will cle!trly indicate the information required 

for the purpose of estimating job costs as referred to above. 

D. The Code Authority may from time to time present to the 

Administrator recommendations based on conditions in the Industry as they may develop from time to time which will tend to effectuate the operation of the provisions of this Code and the policy of 

the National Industrial Recovery Act, and in particular along the 

following lines : 

( 1) Recommendations as to the requirements by the Administrator of such further reports from persons engaged 1n the Terra Cotta 

Industry of statistical information and keeping of uniform accounts 

as may be required to secure the proper observance of the Code and 

permit the proper balancing of production and consumption, and the 

stabilization of the Industry and employment. 

(2) Recommendations for changes in, or exemptions :from, the proviswns of this Code as to the working hours wh1ch will tend to preserve a balance of productive activity with consumption requirements 

so that the interests of the Industry, employees, and the public may 

be~roperly served. 

3) Recommendations as to unfair methods, conditions of trading, 

an destructive practices to promote the stabilization of the Industry 

and to prevent and eliminate unfair and destructive practices. 

( 4) Recommendations for dealing with such other matters as may 

seem advisable to effectuate the purposes of the Act. 

E. Such recommendations, when approved by the Administrator, 

after such hearing as he may prescrib<=); shall have the same force and 

effect as any other provisions of this code. 

F. The Code Authority is also established to cooperate with the 

Administrator in making investigations as to the functioning and 

observance of any of the provisions of this Code, at its own instance 

or at the request of the Administrator or on complaint of any person 

affected, and to report the same to the Administrator. 
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G. The Code Authority may make such studies, as in lts judgment 

will promote safe, healthful, and otherwise satisfactory working conditions for employees in the Industry. 

H. The Code Authority may designate governing agencies ·in districts of the Industry :for the administration of this Code in such districts, and the members of such district governing agencies shall be 

persons, either members of the Industry or bona fide employees of 

such members, elected by the members of the Industry in such Districts; the Code Authority may delegate to such agencies such of its 

powers and authority as may be necessary :for the administration of 

this Code within such districts, including the right to submit to the 

Administration recommendations for Code provisions applicable only 

to such districts, within the scope of the powers granted under this 

Code but the Code Authority shall reserve the power and duty to 

administer the provisions of this Code. 

I. 'Vhere the costs of executing contracts entered into by members 

of the Industry prior to June 16, 1933, are increased by the application of the provisions of the Act to the Industry, it is equitable and 

promotive of the purpose of the Act that appropriate adjustments 

of such contracts to reflect such increased costs be arrived at, with 

the consent of the parties to such contract, by arbitral proceedings or 

otherwise, and the National Terra Cotta ~1anufaturers Association 

is constituted an agency to assist in effecting such adjustments. 

ARTICLE VII-AMENDMENTS 

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 ActJ from tin1.e to time to cancel or modify any order, 

approval, hcense, 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 any provision of this 

Code or any conditions imposed by him upon his approval thereof. 

B. This Code, except as to provisions which are required to be 

included therein 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 of the 

President. 

C. It is contemplated that from time to time supplementary provisions to this Code or additional codes will be submitted for the 

approval of the President to prevent unfair competition in price and 

other unfair and destructive competitive practices and to effectuate 

the other purposes and policies of Title I of the Act consistent with 

the provisions hereof. 

ARTICLE VIII-~1EMBERSHIP 

The National Terra Cotta Manufacturers Association shall-

{1) Impose no inequitable restrictions on membership; and 

(2) 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, 
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organization, and activities as the Administrator may deem necessary 

to effectuate the purpose of the Act. 

ARTICLE IX-MONOPOLIES 

This Code shall not be construed, interpreted, or applied so as to 

promote or permit monopolies or monopolistic practices, and shall 

not be availed of for that purpose. The provisions of this Code 

shall not be so construed, interpreted, or applied as to eliminate or 

to oppress or to discriminate against small enterprises, nor shall the 

conduct of the Industry and of the several members thereof be such 

as _to eliminate or to oppress or to discriminate against small enterprises. 

ARTICLE X-COORDINATION 

The Code Authority may -cooperate in the formulation of a basic 

code of fair competition or of an agreement pursuant to the Act, for 

producers of construction materials and may likewise cooperate in 

the coordination of its activities under this Code with the activities 

of any administrative agency or agencies established pursuant to any 

such basic code or agreement, or pursuant to any order issued under 

the Act. 

ARTICLE XI-EFFECTIVE DATE 

This Code shall become effective on the effective date. 

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