Approved Code No. 388 Registry No. 1039-11 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

SANDS'fONE INDUSTRY 

AS APPROVED ON APRIL 6, 1934 

WE 00 OUR PART 

t I 

0-

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1934 

For sale by the Superintendent of Doc uments, 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 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.: 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, C· lif. : 310 Customhouse. 

Seattle, Wa h.: 809 Federal Office Building. 
Approved Code No. 388 

CODE OF FAIR COMPETITION 

FOR THE 

SANDSTONE INDUSTRY 

As Approved on April 6, 1934 

ORDER 

APPRO'VING CoDE oF FAIR CoMPETITION FOR THE SANDSTONE 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 Sandstone 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 Pre ident of the United 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to the authority vested in me by Executive 01·ders of the 

President, including Executive Order No. 6543-A, dated December 

30, 1933, and otherwise; do hereby incorporate by reference 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: 

(a) That the provisions of Article VII, Section 2, insofar as they 

prescribe a waiting period between the filing with the Code Authority and the effective date of revised schedules of prices and 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, and 

(b) That the wages and hours established in this Code are approved only because of competitive conditions with the Limestone 

Indu try and such approval shall not constitute a precedent for any 

other Industry, and 

51568°----482-39----34 (205) 
206 

(c) That in the event o£ revision o£ the labor provisions o£ the 

Code o£ Fair Competition for the Limestone Industry, the Code 

Authority o£ the Sandstone Industry shall submit recommendations 

in respect to making like revisions of the Sandstone Code. 

HuGH S. JoHNsoN, 

Administrator for Industrial R ecovery. 

Approval recommended: 

A. R. GLANCY, 

Division Adrninistrator. 

WASHINGTON, D. c., 

April 6 1394. 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

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

Sandstone Industry, a hearing on which was conducted in vVashington on the third of January, 1934, in accordance with the provisions 

of the National Industrial Recovery Act. The Code covers the 

quarrying and fabricating of sandstone for building purposes, breakwaters, pulpstones and grind tones. 

PROVISIONS OF THE CODE AS TO WAGES AND HOURS 

This Industry is closely related to, and competitive with, the 

Limestone Industry and the hour and wage provisions are generally 

the same. The Code provides for a work week of forty hours averaged over three-month periods and limited to forty-eight hours in 

any week, six days in any week and eight hours in any twenty-four. 

Exceptions are :provided for employees engaged in executive, professional, administrative, or supervisory work who earn Thirty-five 

Dollars per week or more, for salesmen, for watchmen with a twelvehour per day and sixty-four hour per week limitation, and for firemen 

and engineers, who are allowed two hours per day and twelve hours 

per week extra. 

Truckmen, shipping clerks, plant maintenance and emergency 

crews are also excepted, but receive time and one-third for work in 

excess of eight hours per day. 

J\iinimum wage rates are thirty-eight cents per hour in the North 

and thirty-five cents in the South. Provision i made for handicapped 

persons, in accordance with your Executive Order. A minimum of 

Fourteen Dollars per week is provided for salaried office employees, 

except office boys and girls, who may receive eighty per cent of this 

wage and are limited to five per cent of the total office employees. 

Area agreements as to wages, reached by bona fide collective bargaining, and an Industrial Relations Board to settle labor disputes are 

provided for in the Code. 

ECONOlVIIC EFFECTS OF T H E CODE 

Between 1929 and 1931 the sandstone sold for building purposes 

dropped sixty per cent and a further decrease occurred in 1932. 

Employment fell from 2700 to 1400 employees. Under these conditions there will be little or no re-employment under the Code, 

which will however, produce an increase in earnings of the employees. The principal hope for this Industry to reabsorb its 

unemployed rests upon a r evival of construction. Complete, accurate 

data on tlus Industry are not a vail able. 

(2017) 
208 

FINDINGS 

The Assistant Deputy Administrator in his final report to me 

on said Code havin~ found as herein set forth and on the basis of 

all the proceedings Ill 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 Association is an industria] association truly representative of the aforesaid Industry; and that said Association imposes no inequitable 

restrictions on admission to membership therein. 

(d) The Code is not designed to and will not permit 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. 

I wish to point out the fact that the labor provisions of this Code 

are subject to further consideration and revision, and are being 

approved primarily because of the existence of similar provisions 

in the approved Code for the competing Limestone Industry, and 

it is not my intention to establish these provisions as a precedent 

for other stone codes. · 

Should it become desirable to revise the labor provisions of the 

Limestone Code, consideration will be given to revising this Code 

at the same time. ' 

For. these reasons, therefore, I have approved this Code, subject 

to a stay on the provision for a waiting period between time of filing 

prices and the effective date thereof. 

Respectfully, 

HuGHS. JoHNSON, 

A cbninist'rator. 

APRIL 6, 1934. 
CODE OF FAIR COMPETITION FOR THE SANDSTONE 

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 

of Fair Competition for the Sandstone Industry and its provisions 

shall be the standard of fair competition for such Industry and shall 

be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term " industry " as used herein includes the 

quarrying, fabricating, and/or sale by quarriers or fabricators of 

sandstone (but not including natural cleftstone) for use as building 

stone, curbing, flagstone, grav~ vaults, gTindstones, breakwaters1 firestones or pulpstone1 and such branches or subdivisions thereof 

as may from time to tune be included under the provisions of this 

Cod~. 

SECTION 2. Employee.-The term "employee" as used herein 

includes anyone, except a member of the Industry, engaged in the 

Industry in any capacity receiving compensation for his services, 

irrespective of the nature or method of payment of such compensation. 

SECTION 3. Employer.-The term "employer" as used herein 

includes anyone by whom any such employee is compensated or 

employed. 

SECTION 4. Member of the Industry.-The term "member of the 

industry " as used herein includes anyone engaged in the industry 

as above defined, either as an employer or on his own behalf. 

SECTION 5. The terms "President;,, "Act", and "Administrator" 

as used herein shall mean respectively the President of United 

States, Title I of the National Industrial Recovery Act, and the 

Administrator for Industrial Recovery. 

ARTICLE III-HoURs 1 

SECTION 1. H ouv;·s.-Except as hereinafter set forth, no employee 

shall be permitted to work in excess of forty ( 40) hours per week 

averaged over three months periods; or in excess of forty-eight ( 48) 

hours in any one week or in excess of six (6) days in any one week, 

or in excess of eight (8) hours in any twenty-four (24) hour period. 

SEcTION 2. The maximum hours specified in Section 1 of this 

Artjcle shall not apply to employees engaged in professional, executive, administrative, or supervisory work when earning thirty-five 

1 See paragraph 2 (b) of order approving this Code. 

(209) 
210 

(35) dollars per week or more; nor to outside salesmen. The maximum hours specified in Section 1 of this Article shall not apply ta 

watchmen. No watchmen employed in this industry shall be per· 

mitted to work in excess of twelve (12) hours in any twenty-four 

(24) hour period, or in excess of sixty-four (64) hours in any one 

week. The maximum hours specified in Section 1 of this Article 

shall not apply to firemen or to plant engineers, who may be permitted to work not more than two (2) hours in any day or twelve 

(12) hours per week in excess of the maximum hours prescribed in 

Section 1 of this Article. 

SECTION 3. The maximum hours prescribed in Section 1 of this 

Article shall not apply to truckmen, shipping clerks, plant maintenance crews, and those engaged in cases of emergency work requiring 

the protection of life or property. Such employees shall not be 

permitted to work more than six (6) days in any one week, nor 

more than :forty-eight ( 48) hours In any one week, and shall be 

compensated at one and one-third times their regular rate of hourly 

pay :for all time worked in excess of eight (8) hours in any twentyfour ( 24) hour period. 

SECTION 4. Total Hours.-No employee shall be permitted to 

work for a total number of hours in excess of the number of hours 

prescribed herein for each week and each day, whether employed 

by one or more employers. 

SEOTION 5. Employers who personally perform manual work or 

are engaged in mechanical operations shall not exceed the prescribed 

maximum number of hours. 

ARTICLE IV-WAGES 1 

SECTION 1. Rates of Pay.-(a) Except as hereinafter set forth, 

no employee shall be paid at less than the rate of thirty-five (35) 

cents per hour in the States of Alabama, Arizona, Arkansas, Florida, 

Georgia, Kentucky, Louisiana, Mississil?pi, New Mexico, North Carolina, Onio (south o:f the 41st degree or latitude), Oklahoma, South 

Carolina, Tennessee, Texas, Virginia, West Virginia, or at less 

than the rate of thirty-eight (38) cents per hour elsewhere. 

(b) The amounts by which hourly wage rates in the higher paid 

classes of employees exceeded wages in the lower paid classes of 

employees on July 1, 1933, shall be at least maintained where 

equitable. 

(c) This article establishes a minimum rate of pay which shall 

apply, irrespective of whether an employee is actually compensated 

on a time rate, piecework, or other basis. 

(d) No employer shall reclassify employees or duties of occupations performed or engage in any other subterfuge :for the purpose 

of defeating the provisions of the ' Act or of this Code. 

SECTION 2. Handicapped Person.s.-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 wa~e below 

the minimum established by this Code if the employer obtains from 

the state authority designated by the United States _Department of 

Labor, a certificate authorizing such person's employment at such 

1 See paragraph 2 (b) of order approving this Code. 
211 

wages and for such hours as shall be tated in the certificate. Such 

authority shall b€ guided by the in tru tion. of the United States 

Department of Labor in i uing certifi ate to such per on . Each 

employer shall file monthly with the Code \.uthority a list of all 

such persons employed by him, showing the "ages paid to, and the 

maximum hours of work for such employee. 

SECTION 3. Salmied Employees.-No accounting, clerical, office, 

or other employee normally paid on a regular "·eekly or monthly 

basis shall be paid at less than the rate of $14.00 per week; except 

that office boys and office girls paid on a r gular "eekly or monthly 

basis may be paid not less than eighty percent (80%) of the minimum weekly rate provided in this section, provi led that no employer 

shall classify more than five percent (5%) of the total number of 

his office employees as office boys and girls and further provided 

that each plant may be entitled to one (1) such employee. 

SECTION 4. Area Agreements .-~1inimum rates of wages and 

maximum hours of labor may be established nationally or for a 

region or locality by mutual agreements reached through bona fide 

collective bargaining between representative national, regional, or 

local groups of employers and employees. In no event shall such 

minimum rates of wages be less than those established in this article, 

nor shall such maximum hours of labor be more than those established in Article III of this Code. Such area agreements shall be 

effective upon approval by the President or the Administrator after 

such notice and hearing as he may require, and shall be binding upon 

all members of the industry in such area. 

SECTION 5. An employer shall make payment of all wages due in 

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

these wages shall be exempt from any payment of pensions, in urance 

or sick benefits other than those voluntarily paid by the wage earner 

or required by law. Wages shall be paid at least semi-monthly and 

salaries at least once every month. The employer or his agents shall 

accept no rebates directly or indirectly on such wages, nor give anything of value or extend favors to any person for the purpose of 

influencing rates of wages or the working conditions of his employees. 

SECTION 6. Each member of the Industry shall comply with all 

rules and regulations prescribed by the Administrator relative to 

posting this Code or portions thereof. 

ARTICLE -V 2-GEKERAL LABOR Pnon IONS 

SECTION 1. Child Labor.-No person under sixteen (16) ye.ars of 

age shall be employed in this industry, nor anyone under eighteen 

(18) years of age at operations or occupations hazardou in nature 

or detrimental to health. The Code Authority shall submit to the 

Administrator before June 1, 1934, a list of such occupations. In any 

state an employer shall be deemed to have complied with this provi ion if he shall have on file a certificate or permit dul} 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. 

SECTIO r 2. Rights of Labor.-(a) Employees shall have the right 

to organize and bargain collectively through representatives of their 

2 See paragraph 2 (c) of order approving this Code. 
212 

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. 

(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) Where rates of pay and hours of labor for any of the various 

classifications of workers in the industry are now in effect by virtue 

of contracts entered into by bona fide collective bargaining between 

the employers and the employees, such rates of pay and hours of labor 

shall be maintained dunng the periods covered by the respective 

contracts unless superseded by area agreements approved in accordance with Article IV, Section 4 of this Code; provided that the rates 

of pay provided in such contracts are not less than, nor the hours 

of labor provided in such contracts more than, the minimum rates 

of ~ay and the maximum hours of labor established in this Code. 

(e) No provisions in this Code shall supersede any law within any 

State which imposes more stringent requirements on employers as 

to age of employees, wages, hours of work, or as to safety, health, or 

sanitary conditions, or insurance, or fire protection, or general 

working conditions, than are imJ?osed by this Code. 

(f) Every employer shall provide for the health and safety of his 

workmen. He shall comply with the national, state, and local 

statutes and provisions for safety and health and shall protect his 

employees by Workmen's Compensation Insurance, according to the 

amounts required in the state of jurisdiction or the United States 

Employees' Compensation Insurance if that state has not established 

a compensation scheme for this industry. 

SECTION 3. The Code Authority herein provided for shall prepare 

and submit with the cooperation of the United States Public Health 

Service not later than J tme 1, 1934, a report on hazards affecting 

employees in the industry, with recommendations for their improvement or correction, which recommendations, upon approval by the 

President, and after such hearing as he may prescribe, shall become 

effective as part of this Code. 

SECTION 4. Industrial Relations Board.-There may be established 

by the Administrator a National Industrial Relations Board andjor 

Boards for the industry, consisting of an equal number of representatives of employers and empLoyees to deal with all matters in 

the Code relating to labor. Where a majority agreement cannot be 

reached, the Board shall select an impartial chairman to render a 

decision. The creation and functioning of these Boards including 

the selection of representatives of employees shall be in accordance 

with Section 7 (a) of the Act. If no truly representative labor 

organization exists, the employee members of such· Board shall be 

chosen by the Labor Advisory Board of the N atlonal Recovery Administration. The employer representatives shall be chosen by the 
213 

'Code .Authority. The Industrial Relations B ard may establish 

such subsidiary agencies constituted in like manner as it finds 

necessary. 

SECTION 5. Employees other than maintenance or supervisory employees, or those nece sary to protect property shall not be required 

as a condition of employment to live in homes rented from the 

employer. 

SECTION 6. No employee shall be required as a condition of emp~oyment to trade at a store owned or specified by an employer or 

h1s agents. 

ARTICLE VI-ADltiiNI TRATION 

SECTION 1. OorlJe AuthO?~ity.-(a) To effectuate further the policies of the Act a Code Authority is hereby established to administer 

this Code. 

(b) The ~ve ( 5) members of the National Control Committee of 

the National Sand ·tone Asso iation, as that committee i from time 

to time con tituted, are hereby designated as a Code Authority to 

administer this Code for the Sandstone Industry. The Administrator may in addition appoint not more than three (3) members, 

without vote. 

(c) Each trade or industrial association directly or indirectly 

participating in the election or activities of the Code Authority 

shall (1) impose no inequitable restrictions on membership, and (2) 

submit to the Administrator true copie of its articles of association, by-law , regulations, and any amendments when made thereto, 

together with such other information as to membership, organization, and activities as the Administrator may deem necessary to 

effectuate the purpose of the Act. 

(d) In order that the Code Authority shall at all times be truly 

representative of the indu try 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 re pects comply with the provisions of the Act, may require 

an appropriate modification in the method of selection of the Code 

Authority. 

(e) In addition to having the general power to administer this 

Code, the Code Authority shall have the following specific powers 

and duties: 

(1) To establish such subcommittees and state, regional, or local 

committees as it may deem necessary. 

(2) To obtain from all members of the industry sworn or unsworn 

reports periodically or a often as it may direct, on wages, hour of 

labor, conditions of employment, number of employees, or other 

conditions in the industry pertaining to the provisions of this Code. 

(3) To submit to the Administrator from time to time such recommendations based upon conditions in the industry, as they may 

develop, as in its j udgme~1t will further effectuate the policies of the 

Act or will improve the operation of this Code or any supplemental 

Codes proposed or made a part of thi Code. Any such recommendations, when approved by the President, after such notice and 
214 

hearing as he may prescribe, shall become effective as part of this 

Code. 

( 4) To adopt by-laws and rules and regulations for its procedure 

and for the administration and enforcement of the Code, in accordance with the powers herein granted, and to submit the same to the 

Administrator together with true copies of any amendments or 

additions when made thereto7 minutes of meetings when held, and 

such other information as to Its activities as the Administrator may 

deem necessary to effect the purposes of the Act. 

( 5) Members of the industry 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 by assenting to 

and complying with the requirements of this Code and sustaining 

their reasonable share of the expense of its administration. The 

reasonable share of the expenses of the administration shall be determined by the Code Authority, subject to review by the Administrator, on the basis of volume of business and/or such other factors 

as may be deemed equitable to be taken into consideration. 

( 6) To establish rules, methods, and practices for filing bids, 

which, upon apl?roval by the Administrator, shall b used by all 

members of the Industry. 

SECTION 2. The Code Authority is directed to cooperate with the 

Administrator as a planning and fair practice agency for the sandstone industry. The Code Authority may £rom time to time present 

to the Administrator recommendat10ns based on conditions in the 

industry as they may develop from time to time which will tend to 

effectuate the operations of the provisions o£ this Code and the 

policy of the Act and in particular along the following lines : 

1. Recommendations that the Administrator require registration 

by members of the industry of their productive machinery. 

2. Recommendations that the Administrator require that, prior 

to the installation of additional productive machinery, such persons 

shall secure certificates that such installation will be consistent with 

effectuating the pol1cy of the National Industrial Recovery Act during the period of emergency. 

3. For the granting or withholding by the Administrator of such 

certificates as may be so required by him. 

SECTION 3. Supplemental codes may be submitted to the President 

by subdivisions of the industry through the Code Authority established herein, when consistent with this Code and other rules and 

regulations promulgated by the President and when within the 

spirit and purpose of the Act, but nothing herein shall be construed 

to prevent a trade association or other representative group from 

submitting a code directly to the President. Any such supplemental 

codes shall provide for minimum- rates of pay not less than, and :£or 

maximum hours of work not more than the limitations established 

therefor in this Code. 

SEOTION 4. The Code Authority shall study the trade practice provisions, in Article VII, and the operation thereof and shall make 

any recommendation from time to time to the Administrator which 

it deems demrable for modification or addition thereto which upon 

his approval, after such hearing as he may prescribe, shall become a 
215 

part of this Code and shall have full force and effect as provisions 

hereof. 

SECTION 5. If the Admini trator 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 

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 with 

such action in its original or modified form. 

SECTION 6. In addition to information required to be submitted to 

the Code Authority, there shall be furnished to governmental agencies such statistical information as the Administrator may deem 

necessary for the purpose recited in Section 3 (a) of the National 

Industrial Recovery Act; provided that nothing in this Code shall 

relieve any member of the industry of any ex1sting obligation to 

furnish reports to government agencies. 

ARTICLE VII-TRADE PRACTICES 

SEcTION 1. Sellilng below reasonable cost.-"\iVhen the Code Authority determines that an emergency exists in this industry and 

that the cause thereof is destructive price-cutting such as to render 

ineffective or seriously endanger the maintenance of the provisions 

of this Code, the Code Authority may cause to be determined the 

lowest reasonable cost of the products of this indust~~ such determination to be subject to such notice and hearing as tne Administrator may require. The Administrator may approve, disapprove, 

or modify the determination. Thereafter, during the period of the 

emergency, it shall be an unfair trade practice for any member of 

the industry to sell or offer to sell any products of the industry for 

which the lowest reasonable cost has been determined at such prices 

or upon such terms or conditions of sale that the buyer will pay less 

therefor than the lowest reasonable cost of such products. 

When it appears that conditions have changed, the Code Authority, 

upon its own initiative or upon the request of any interested party, 

shall cause the determination to be reviewed. 

SECTION 2. Price Publ!ication.-Members of the industry who quarry 

or sell block or sa wed stone, grindstones, curbing, flagging, grave 

vaults, or pulpstones or who fabricate block or sawed stone quarried 

by thenLSelves shall publish price schedules including terms and conditions of sale for such products and shall file the same with the 

Code Authority or with such agency as it may designate. Notice of 

changes in schedules so published and filed shall be recorded with 

the Code Authority or its agency, and shall become effective five (5) 

days after receipt of such changes by the Code Authority or its 

agencyJ provided that other members of the industry may revise their 

schedules to be effective on the same date as that of a competitor 

where such revisi~n is ~ade for the purpose o~ meeting .competition. 

The Code Authonty or 1ts agency shall umned1ately notify all members of the industry and such other persons as may in the opinion of 

the Code Authority be interested parties of the contents of all sched-
216 

I 

ules filed with it, and of any changes therein and such schedules shall 

at all times be available to all interested parties. The schedules so 

published and filed shall be maintained by each member of the industry filing the same. 3 

SECTION 3. Sales within the lndust'ry.-Members of the industry 

who both quarry and fabricate sandstone shall charge themselves as 

fabricators the prices for block stone which they have filed with the 

Code Authority. 

SECTION 4. Trade Pr{]Jctices.-The following trade practices are 

unfair methods of competition, and are violations of this Code: 

(a) Collusion by any member of the industry with any awarding 

authority, or with any other member of the industry, in the preparation of bids; 

(b) Submitting of bids unless and until the awarding authority 

inviting the bids 1nakes available complete plans and/or specifications and other pertinent information in order that the bidder may 

prepare a complete estimate or bid in accordance therewith; 

(c) Extending of any rebates, refund allowance, discount, commisswn, or service privilege in any form, except to all purchasers 

under like terms and conditions; 

(d) Making or causing or knowingly permitting to be made or 

published any false, materially inaccurate, or deceptive statement 

by way of advertisement or otherwise, whether concerning the grade, 

quality, quantity, substance, character, nature, origin, size, finish, 

or preparation of any product of the industry, or the credit terms, 

values, policies, or services of any member of the industry, or otherwise, having the tendency or capacity to mislead or deceive customers 

or prospective customers. 

SECTION 5. Bidding Practice.-Whenever a member or members 

of the Industry, acting as an awarding authority, receive competitive 

bids, such member or members of the Industry shall not engage in 

the practice of "Bid Peddling", which is defined as giving or attempting to give information, true or false, to a bidder regarding 

the estimate or bid of a competitor in order to gain or give an unfair 

advantage. 

ARTICLE VIII-MoDIFICATION 

1. This Code and all the provisions thereof are expressly made subject to the right of the President, in accordance with the provision 

of Subsection (b) of Section 10 of the Act, from time to time to 

cancel or modify any order, approval, license, rule, or regulation 

issued under Title I of the Act and specifically but without limitation, to the right of the President to cancel or modify his approval 

of this Code or any conditions imposed by him upon his approval 

thereof. 

2. This Code, except as to provisions required by the Act, may 

be modified on the basis of experience or changes in circumstances, 

such modification to be based on application to the Administrator 

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

on approval of the President. 

3 See paragraph 2 (a) of order approving this Code. 
217 

ARTICLE IX-JHoN POLIES 

No provision of this Code shall be o applie l o to permit monopolies or monopolistic practices, or to eliminate, oppre ·, or discriminate against small enterprises. 

Whereas the policy of the Act to increase real purcha ·ing power 

will be made impossible of consummation if prices of goods and 

services increase as rapidly as wage , it is recognize l that price increases should be delayed and that, \\hen made, the arne should, so 

far as reasonably po sible, be limited to actual increases in the 

seller's co ts. 

ARTICLE XI-EFFECTIVE DATE 

This Code shall become effective on the tenth day after its 

approval by the President. 

Approved Code No. 388. 

Registry No. 1039'-11. 

0 
UNIVERSITY OF FLORIDA 

llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll 

3 1262 08486 8883