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 Approved Code No. 244 — Supplement No. 7 
 
 Registry No. 1015—02 
 
 NATIONAL RECOVERY ADMINISTRATION 
 
 SUPPLEMENTARY 
 CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 MASON CONTRACTORS 
 INDUSTRY 
 
 (A Division of the Construction Industry) 
 AS APPROVED ON APRIL 19, 1934 
 
 BY 
 
 PRESIDENT ROOSEVELT 
 
 WE DO OUR PART 
 
 UNITED STATES 
 
 GOVERNMENT PRINTING OFFICE 
 
 WASHINGTON: 1934 
 
 For sale by the Superintendent of Documents, Washington, D.C. 
 
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Approved Code No. 244 — Supplement No. 7 
 SUPPLEMENTARY CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 MASON CONTRACTORS INDUSTRY 
 
 As Approved on April 19, 1934 
 
 BY 
 
 PRESIDENT ROOSEVELT 
 
 EXECUTIVE ORDER 
 
 Supplementary Code of Fair Competition for the Mason Con- 
 tractors Industry 
 
 a division of the construction 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, and pursuant to and in full 
 compliance with the provisions of Section 5 of Article VIII of Chap- 
 ter I of the Code of Fair Competition for the Construction Industry 
 approved January 31, 1934, for approval of the Mason Contractors 
 Chapter of said Code, and hearings having been held thereon, and 
 the Administrator having rendered his report containing an analysis 
 of said Mason Contractors Chapter and of said Code of Fair Compe- 
 tition as supplemented by the addition thereto of said Mason Con- 
 tractors Chapter, together with his recommendations and findings 
 with respect thereto, and the Administrator having found that the 
 said Mason Contractors Chapter and the said Code of Fair Competi- 
 tion, as supplemented by the addition thereto of said Mason Con- 
 tractors Chapter, comply 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: 
 
 NOAV, 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, 1933, and 
 otherwise, do adopt and approve the report, recommendations and 
 findings of the Administrator and do order that the said Mason Con- 
 tractors Chapter be and it is hereby approved, and that the previous 
 approval of said Code of Fair Competition for the Construction 
 Industry is hereby modified to include an approval of said Code in 
 its entirety as supplemented by the addition thereto of said Mason 
 Contractors Chapter. 
 
 FRANKLIN D. ROOSEVELT. 
 
 Approval recommended : 
 Hugh S. Johnson, 
 
 A d'7nin ist) 'at or. 
 
 The White House, 
 
 April 19, 1931^. 
 
 53973° 482-116 34 (1) 
 
LETTER OF TRANSMITTAL 
 
 The President, 
 
 The ^VMte Hmse. 
 
 Sir: This is a report of Chapter VIII, the Mason Contractors 
 Chapter of the Code of Fair Competition for the Construction Indus- 
 try, which was approved by you on January 31, 1934, and which is 
 described as Chapter I. 
 
 This Chapter is a revision after a public hearing conducted in 
 Washington on December 7, 1933. Additional previous testimony 
 may be found in the Transcript of Hearing on the Construction 
 Industry Code which was held in Washington on November 20, 
 1933, in Volume III, pages 219 to 223, inclusive. These hearings 
 were held in accordance with the provisions of the National Indus- 
 trial Recovery Act, and tliis Chapter was thereafter revised and 
 resubmitted. 
 
 THE INDUSTRY 
 
 The Mason Contractors Division is an important branch of the 
 Construction Industry, both in original construction and in repair- 
 ing existing installations. Their work is described more fully by 
 the definitions contained in Article I of this Chapter. 
 
 PROVISIONS FOR HOURS AND WAGES 
 
 The hours and wages set forth in Chapter I of the Code of Fair 
 Competition for the Construction Industry, approved by you on 
 January 31, 1934, are, except for minor exceptions, favorable to 
 employees, applicable to this Chapter. 
 
 ECONOMIC EFFECT OF THE CODE 
 
 In 1929 there were employed in the Mason Contracting Industry 
 80,000 skilled masons and 70,000 semi-skilled and unskilled masons' 
 tenders. Of these 150,000 workers, steady work for approximately 
 27,000 men has been available during 1933. It is reasonable to sup- 
 pose that with the prohibition of unfair trade practices and the 
 establishment of uniform rates of pay and hours of work, better 
 conditions will prevail in this Industry and that employers, 
 employees and the public will be benefited. 
 
 FINDINGS 
 
 The Deputy Administrator in his final report to me on said Mason 
 Contractors Chapter of the Code of Fair Competition for the Con- 
 struction Industry, as supplemented by the addition thereto of said 
 Mason Contractors Chapter, having found as herein set forth and 
 on the basis of all the proceedings in this matter: 
 
 (2) 
 
I find that: 
 
 (a) Said Mason Contractors Chapter and said Code of Fair Com- 
 petition for the Construction Industry as supplemented by the addi- 
 tion thereto of said Mason Contractor Chapter, are well designed 
 to promote the policies and purposes of Title I of the National In- 
 dustrial 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 coopera- 
 tive 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 prac- 
 tices, 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 in- 
 creasing purchasing power, by reducing and relieving unemployment, 
 by improving standards of labor, and by otherwise rehabilitating 
 industry. 
 
 (b) Said Mason Contractors Chapter and the Code of Fair Com- 
 petition for the Construction Industry, as supplemented by the addi- 
 tion thereto of said Mason Contractors Chapter, as approved, comply 
 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 industrial association truly representa- 
 tive of the aforesaid Industry; and that said association imposes no 
 inequitable restrictions on admission to membership therein. 
 
 (c) Said Mason Contractors Chapter and the Code of Fair Com- 
 petition for the Construction Industry, as supplemented by the addi- 
 tion thereto of said Mason Contractors Chapter, are not designed to 
 and will not permit monopolies or monopolistice practices. 
 
 (d) Said Mason Contractors Chapter and the Code of Fair Com- 
 petition for the Construction Industry, as supplemented by the addi- 
 tion thereto of said Mason Contractors Chapter, are not designed to 
 and will not eliminate or oppress small enterprises and will not 
 operate to discriminate against them. 
 
 (e) Those engaged in other steps of the economic process have not 
 been deprived of the right to be heard prior to approval of said 
 Mason Contractors Chapter and of said Code, as supplemented by 
 the addition thereto of this Mason Contractors Chapter thereof. 
 
 For these reasons, therefore, I recommend approA^al of said Mason 
 Contractors Chapter and said Code, as supplemented by the addition 
 thereto of said Mason Contractors Chapter thereof. 
 Respectfully, 
 
 Hugh S. Johnson, 
 
 Administrator, 
 April 19, 1934. 
 
Chapter VIII 
 
 MASON CONTRACTORS DIVISION OF THE CONSTRUC- 
 TION INDUSTRY 
 
 Article I — Definitions 
 
 Section 1. The term " Mason Contractors Division ", or " this 
 division ", as used herein means the contracting for and the erection 
 in the United States of America, of all types of brick work, rubble 
 stone, cinder block masonry, ornamental terra cotta, salt glazed tile, 
 hollow tile, and gypsum block, including the furnishing of any labor 
 or materials incident thereto; and such branches or subdivisions 
 thereof as may from time to time be included under the provisions 
 of this Chapter, subject to the approval of the Construction Code 
 Authority and the Administrator. 
 
 Section 2. The term "Association " as used herein means the 
 Mason Contractors Association of the United States and Canada. 
 
 Article II — Wages and Hours and General Labor Conditions 
 
 Section 1. The provisions of this Code relating to maximum hours 
 shall not apply to — 
 
 a. Employees engaged in a professional, executive, or supervisory 
 capacity receiving more than thirty-five dollars ($35.00) a week. 
 However, no employee engaged in a supervisory capacity who per- 
 forms manual work shall be included in the exception of this sub- 
 section. 
 
 b. Watchmen, who may be permitted to work not in excess of 
 eighty-four hours in any two Aveek period, and not in excess of (48) 
 forty-eight hours in any one week period. 
 
 Section 2. Each employer shall make payment of all wages due 
 in lawful currency or by negotiable check therefor payable on de- 
 mand at par. Wages shall be paid at regular periods and if cus- 
 tomary, at the end of every week, but in any event semimonthly. 
 There shall be no payment or deduction therefrom for pensions, in- 
 surance or sick benefits except those required by law or voluntarily 
 agreed to. 
 
 Section 3. Employers and their agents shall accept no rebates 
 directly or indirectly, on such wages, or give anything of value or 
 extend favors to any person for the purpose of influencing the rates 
 of wages or the w^orking conditions of their employees. 
 
 Section 4. No employee now emploj^ed at a rate in excess of the 
 minimum herein prescribed shall be discharged and reemployed at 
 a lower rate for the purpose of evading the provisions of this Code. 
 
 Section 5. Copies of Chapter I, and of this Chapter of this Code 
 shall be kept posted by all employers in conspicuous places easily 
 
 (4) 
 
accessible to all employees in their offices, shops, and at the site or- 
 sites of all operations. 
 
 Section 6. No member of this diAasion shall directly or indirectly,, 
 or by any subterfuge sublet solely the labor services required by any,; 
 contract assured by such member. 
 
 Section 7. No employer shall avoid or evade the labor provisions^ 
 of this code by contracting his work to any person or persons subject; 
 to labor provisions less strihgent than those provided in this code.! 
 
 Section 8. Any employer shall be subject to the applicable maxi- 
 mum hourly limitations provided in this code in his performance of 
 manual labor or mechanical occupations customarily performed h^j^ 
 employees. 
 
 Section 9. Every employer shall make reasonable provisions fori 
 the safety and health of his employees at the place and during tho- 
 hours of their employment. Standards for safety and health shall 
 be submitted b}' the Divisional Code Authority to the Administratoi; 
 within three (3) months after the effective date of this code. 
 
 Article III — Administration 
 
 Section 1. A Divisional Code Authority is hereby constituted tO' 
 administer this code within this Division. The Divisional Code; 
 Authority shall consist of nine members. Six of said members shall' 
 be elected by the members of this Division, and the Association, at 
 meetings of the Association from members thereof who are members 
 of this Division, The remaining three members of the Divisional 
 Code Authority shall be appointed on a fair basis from and as repre- 
 sentatives of members of this Division who are not members of the 
 Association by a Committee of three elected by the members of the 
 Association who are members of this Division at the meeting for 
 the election of the other members of the Divisional Code Au- 
 thority. Such appointees shall be subject to the approval of the 
 Administrator. 
 
 The term of office of all members of the Divisional Code Authority] 
 shall be one 3^ear. 
 
 Successors of all members of the Divisional Code Authority shall 
 be selected in like manner ; except that any successor to any member- 
 of the Divisional Code Authority who represents the members of this 
 Division who are not members of the Association shall be selected by 
 the non-members of the Association, if such successor and the manner: 
 of his selection is approved by the Administrator. Any appointee; 
 may be removed by the agency authorized to appoint his successor,. 
 with the approval of the Administrator. 
 
 Section 2. The Divisional Code Authority shall in addition to the-- 
 powers and duties which said Divisional Code Authority has hy>. 
 virtue of paragraph B, Article IV, Chapter I of this Code, cooperate 
 with the Administrator in regulating the use of any N.R.A. insignia 
 solely by those members of the industry who have assented to, and| 
 are complying with, this Code, 
 
 Article IV — Trade Practices 
 
 Section 1. The Divisional Code Authority, within sixty (60) dayg^ 
 after the effective date of this chapter shall prescribe and submit to 
 
the Construction Code Authority for its approval as provided in 
 Article VII, Section 14, of Chapter I hereof, a method for checking 
 competitive bids submitted by members of this division. 
 
 Section 2. No member of this division shall secretly offer or make 
 any payment or allowance of a rebate, refund, commission, credit, 
 unearned discount, or excess allowance whether in the form of money 
 or otherwise, or secretly offer or extend to any customer any special 
 service or privilege not extended to all customers of the same class, 
 for the purpose of influencing a sale or contract. 
 
 Section 3. No member of this division shall submit a competitive 
 bid, as defined in Section 1 of Article VII of Chapter I of this Code, 
 to an owner or any other person corresponding to an awarding au- 
 thority as therein defined, unless such owner or other persons agree 
 to comply with the regulations provided therein governing an award- 
 ing authority. 
 
 Article V — Modifications 
 
 Section 1. Subject to the provisions of Section 2 (c) of Article 
 IV, B, of Chapter I hereof, the provisions of this Chapter except 
 as to the provisions provided by the Act may be modified on the 
 basis of experience or changes in circumstances, such modifications 
 to be based on application to the Administrator and such notice and 
 hearing as he shall specify and to become effective upon his approval. 
 
 Article VI — Reference to Provisions of Chapter I 
 
 The provisions of Section 7 (a) and 10 (b) of the Act, which are 
 set forth in Section 1 and 6 respectively of Article VIII of Chapter 
 I of this Code are specifically incorporated herein by reference with 
 the same force and effect as if set forth herein in full ; all other pro- 
 visions of Chapter I of this Code, except as herein provided, apply 
 within this Division with the same force and effect as if set forth 
 herein in full. 
 
 Article VII — Review of Acts of Code Authorities 
 
 If the Administrator shall determine that any action of the Divi- 
 sional Code Authority or any agency thereof may be unfair or un- 
 just or contrary' to the public interest, the Administrator may require 
 that such action be suspended to afford an opportunity for investi- 
 gation of the merits of such action and further consideration by the 
 Divisional 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 inten- 
 tion to proceed with such action in its original or modified form. 
 
 Article VIII 
 
 This Code (Chapter I and this Chapter) shall become effective 
 within this Division on the second Monday after the approval of 
 this Chapter by the President. 
 
 Approved Code No. 244 — Supplemont No. 7. 
 Registry No. 1015-02. 
 
 Q UNIVERSITY OF FLORIDA