UNIVERSITY OF FLORIDA 
 
 3 1262 08482 9422 Supplement No. 18 
 
 Registry No. 1023r— 01 
 
 NATIONAL RECOVERY ADMINISTRATION 
 
 SUPPLEMENTARY 
 CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 (A Division of the Construction Industry) 
 
 AS APPROVED ON AUGUST 20, 1934 
 
 WE DO C'JR PART 
 
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 ! U.S. DEPG^TCRY 
 
 UNITED STATES 
 
 GOVERNMENT PRINTING OFFICE 
 
 WASHINGTON: 1934 
 
 Vor i«ale by (he Superintendent of Documents, Washington, D.C. 
 
 Price 5 centa 
 
This publication is for sale by the Superintendent of Documents, Government 
 Printing Office, Washington, D.C., and by district offices of tlie Bureau oi 
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Approved Code No. 244 — Supplement No. 18 
 SUPPLEMENTARY CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 BUILDING GRANITE INDUSTRY 
 
 As Approved on August 20, 1934 
 
 ORDER 
 
 Code of Fair Competition for the Bi'Ildinc; Granite Industry 
 A division of the construction industry 
 
 An application havinir been duly made pursuant to and in full 
 compliance with the provisions of Title I of the National Industrial 
 Recovery Act, approved June 16, 19-33, and purt^uant to and in full 
 compliance with the provisions of S'^ction 5 of Article VIII of 
 Chapter I of the Code of Fair Competition for the Construction 
 Industry, approved January 31. 1934. for approval of Chapter XXII 
 of said Code, which Chapter XXII is applicable to the Building- 
 Granite Division of the Construction Industry, and hearing:s having 
 been held thereon and the annexed report on said Code, containing 
 findings with respect thereto, having been made and directed to the 
 President : 
 
 NOW, THEREFORE, on behalf of the President of the United 
 States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
 pursuant to authority vested in me by Executive Orders of the 
 President, including Executive Order No. 6543-A, dated December 
 30, 1933, and otherwise; do hereb}^ incorporate by reference said 
 annexed report and do find that said Chapter complies in all respects 
 with the pertinent provisions and will promote the policy and pur- 
 poses of said Title of said Act; and do hereby order that said 
 Chapter XXII 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 supplcuiented by said Chapter XXII; provided, 
 however : 
 
 (a) That the wages and hours established in this Code are ap- 
 proved only because of the competitive conditions with the Lime- 
 stone Industry and such approval shall not constitute a precedent 
 for any other Industry, and 
 
 (b) That in the event the provisions covering the averaging of 
 hours of work in the Code of Fair Competition for the Limestone 
 
 81380° 1044-86 34 (1) 
 
Iiidustr}' are stayed or modified, a similar stay or modification will 
 be made in this Code ; and 
 
 (c) That in the event of revision of other labor provisions than 
 those pertaininir to the avcra<i;ing of hours of work of tlie Code of 
 Fair Comjietition for the Limestone Industry, the Code Autliority of 
 the Buildino- Granite Division of the Construction Industry shall 
 submit recommendations in respect to making equittdjle revisions of 
 the Buildin<2; Granite Division of the Construction Industry Code; 
 and 
 
 (d) That within 90 days after the effective date of this Code I 
 may direct that there be a further hearing- on such of the provisions 
 of said Code as I may designate and that any Order that I may 
 make after such hearing shall have the effect of a condition on the 
 approval of said Code. 
 
 Hugh S. Johnson, 
 Administrator for Industrial Recovery. 
 
 Aj)proval recommended : 
 Geo. L. Berry, 
 
 Dimsion A dmin istrator. 
 
 Washington, D.C, 
 
 August 20, 193J^. 
 
REPORT TO THE PRESIDENT 
 
 The President, 
 
 The White House. 
 
 Sir : This is a report on the Building Granite Chapter of the Code 
 of Fair Competition for the Construction Industry, which is de- 
 scribed as Chapter I and which was approved by you on January 
 31, 1934. 
 
 This Chapter is a revision after a public hearing conducted in 
 Washington on September 11, 1933, in accordance with provisions 
 of the National Industrial Recovery Act. This Chapter amplifies 
 Chapter I but applies specifically to the Building Granite Division 
 of the Construction Industry. 
 
 PROA^SIONS FOR HOURS AND "WAGES 
 
 Building granite is in direct competition with limestone. The hours 
 and wages tor manual labor for this Chapter are generally the same 
 as provided in the Code of Fair Competition for the Limestone In- 
 dustry except that minimum wages in the northern zone are two 
 cents per hour higher than in the Limestone Code. The hours and 
 wages for other employees are generally the same as provided in 
 Chapter I of the Construction Code. 
 
 ECONOMIC EFFECTS OF THE CODE 
 
 In 1929 there were 11,200 men employed in granite quarries, but 
 in 1932 the number had dropped to 7,600. The men were employed 
 an average of 190 days in 1932. Wages for laborers of as low as 
 ten to fifteen cents an hour had been reported for parts of the coun- 
 try. Available data indicates that the workers engaged in quarry- 
 ing and processing at the quarries averaged 49 hours per week in 
 1929, which figure was reduced to 46 hours in 1932. Available data 
 further indicates that it is reasonable to assume that the 40-hour 
 maximum average provided by the Code would absorb a large per- 
 centage of the unemployment in quarrying and processing at the 
 quarry site. It is reasonable to predict that the establishment of 
 uniform rates of pay, uniform hours of work, improved conditions 
 of employnient. and a prohibition of unfair trade practices will be 
 beneficial to all of this Industry, as well as to the employees and the 
 consumers. 
 
 FINDINGS 
 
 The Deputy Administrator, in his final report to me on said Build- 
 ing Granite Chapter of the Code of Fair Competition for the 
 Construction Industry, having found as herein set forth and on the 
 basis of all the proceedings in this matter: 
 
 (3) 
 
I find that: 
 
 (a) Said Building Granite Chapter and said Code of Fair Com- 
 petition for the Construction Industry, as supplemented by said 
 Building Granite Chapter, are well designed to promote the policies 
 and purposes of Title I of the National Industrial Recovery Act, in- 
 cluding 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 tem- 
 jDorarily required), by increasing the consumption of industrial and 
 agricultural products through increasing purchasing pow-er, by re- 
 ducing and relieving unemployment, by improving standards of 
 labor, and by otherwise rehabilitating industry. 
 
 (b) Said Industry normally employs not more than 50,000 em- 
 ployees; and is not classified by me as a major industry, 
 
 (c) Said Building Granite Chapter and the Code of Fair Compe- 
 tition for the Construction Industry, as supplemented by said Build- 
 ing Granite 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 representative of the 
 aforesaid Industry ; and that said Association imposes no inequitable 
 restrictions on admission to membership therein. 
 
 (d) Said Building Granite Chapter and the Code of Fair Compe- 
 tition for the Construction Industry, as supplemented by said Build- 
 ing Granite Chaj^ter, are not designed to and will not permit 
 monopolies or monopolistic practices. 
 
 (e) Said Building Granite Chapter and the Code of Fair Compe- 
 tition for the Construction Industry, as supplemented by said Build- 
 ing Granite Chapter, are 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 
 Building Granite Chapter and of said Code, as supplemented by this 
 Building Granite Cliapter thereof. 
 
 For these reasons, therefore, I have approved said Building- 
 Granite Chapter of the Code of Fair Competition for the Construc- 
 tion Industry. 
 
 Respectfully, 
 
 Hugh S. Johnson, 
 
 Administrator. 
 August 20, 1934. 
 
Chapter XXII 
 
 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 
 THE BUILDING GRANITE DIVISION OF THE CON- 
 STRUCTION INDUSTRY 
 
 Article I — Definitions 
 
 Section 1. The term " Building Granite Division of the Construc- 
 tion Industry" or "this Division" as used herein means the selling 
 and/or quarrj-ing, fabricating, finishing, assembling, and/or fitting 
 of. granite for sale (or for a sale made previously) for architectural 
 and/or construction purposes. 
 
 Section 2. The term '* granite for architectural and/or construc- 
 tion purposes " or " granite " as used herein includes all granite whicX 
 is used for ornamental public improvements, community mausoleums, 
 buildings, dry docks, bridges, sea walls, foundations, publicty owned 
 monuments, and all similar types of construction, but does not include 
 crushed granite. 
 
 Section 3. The term " Subdivision " as used herein means and 
 includes any related industry which hereafter subject to the approval 
 of the President and the Divisional Code Authority of this Division 
 may be included hereunder as a subdivision or otherwise. 
 
 Section 4. The term " association " as used herein shall mean the 
 National Building Granite Quarries Association, Inc. 
 
 Article II ^ — Hours, Wages and Conditions of Employment 
 
 Section 1. Hours. — The following are exempt from the provisions 
 of Section 2B, Article III of Chapter 1 of this Code, relating to 
 maximmn hours. 
 
 (a) Employees (except those engaged in fitting at the site where 
 the granite is to be installed who shall be within provisions of said 
 Section 2B) engaged in manual labor who shall not be permitted 
 to v\'ork in excess of forty (40) hours per week averaged over three 
 (3) month periods; or in excess of fort^^-eight (48) hours in any one 
 (1) week; or in excess of six (6) days in any one (1) week; or in 
 excess of eight (8) hours in any twenty-four (24) hour period. 
 
 (b) Salesmen and Estimators. 
 
 (c) Emploj'ees engaged in professional, executive, administrative 
 and supervisory capacity who are not regularly engaged in manual 
 labor receiving thirty-five dollars ($35.00) or more per w^eek. 
 
 (d) Watchn.ien who shall not be permitted to work in excess of 
 twelve (12) hours in any twenty-four (24) hour period; or in excess 
 of six (6) days in any seven (7) day period; or in excess of fifty-six 
 (56) hours in any seven (7) day period. 
 
 1 See paragraph 2 of ordej- approving this CoJe. 
 
 (5) 
 
(e) Firemen, plant engineers, powdermen, loaclin": and sliippinf^ 
 crews Avlio shall not bo permitted to work more than two (2) hours 
 per day in excess of the maximum hours prescribed in (a) of this 
 Section or in excess of forty-ei<jht (48) hours in any seven (7) day 
 period. 
 
 (f ) Employees enoa<red in emergency work involving breakdowns 
 or the ])rotection of life and/or property. 
 
 Sect'ion 2. Memher Performing Work. — Members of this Divi- 
 sion who personally perform manual labor or are engaged in mechan- 
 ical operations shall not exceed the maximum hours prescribed herein 
 while so working or engaged. 
 
 Section 3. ^^ ages. — (a) No employee, except as hereinafter set 
 forth, shall be paid at less than the hourly rates specified in the 
 following schedule; provided, however, that the provisions of this 
 Section shall not be construed as establishing a minimum rate of pay 
 for other than common or unskilled labor; and provided further that 
 such provisions shall not be construed to authorize reductions in 
 existing rates of ]>ay, 
 
 (1) Wheii em])loyed in Alabama. Arizona, Arkansas, Florida, 
 Georgia. Kentucky, Louisiana, Mississippi, New Mexico, North Caro- 
 lina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West 
 Virginia,- -thirty cents (30-?^). 
 
 (2) When employed in California, Colorado, Connecticut, District 
 of Columbia, Delaware, Idaho, Illinois, Indiana, Iov\^a, Kansas, 
 Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, 
 Montana, Nebraska, Nevada, New Hampshire, New Jersey, New 
 York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, 
 South Dakota, Utah, Vermont, Washington, Wisconsin, Wyoming, — 
 forty cents (4(V). 
 
 (b) All employees engaged in fitting granite at the site where the 
 granite is to be installed shall be pai<l in accordance with the provi- 
 sions of Cha]:)ter I of this Code, or of any other pei'tinent Chapters of 
 the Code of Fair Competition for the Conhiruction Industry, or of 
 any pertinent agreement arrived at and provided in said Chapter I 
 or Section 7 (b) of the Act. 
 
 (c) Employees engaged solely as tool and water bo/rs, and com- 
 prising not more than four per cent (4%) of the total number of 
 employees (except that in any case there may be at least one (1) 
 tool and one (1) water boy), may be paid at not less than eighty 
 per cent (80%) of the hourly wages prescribed herein. 
 
 (d) ^^'^rfr^w.— Employees engaged as described in paragraphs 
 (e) and (f) of Section 1 hereof and powdermen and loading and 
 shipping crews shall be paid at the overtime rate of at lea.st one and 
 one-quarter (1^/j) times the normal job rate for all hours worked 
 in excess of the daily or weekly maxima prescril)eil in paragrapli 
 (a) of Section 1 hereof. 
 
 (e) Paijinent. — All members of the Division shall make payment 
 of ail wages du(^ in lawfid cui-rency or by negotiable check therefor 
 payable <m demand at par. If Avages are paid by check, the employer 
 shall provide reasonable facilities for cashing checks at face value 
 without charge or discount to the employee. Employers shall also 
 provide such identification as is necessary to utilize such facilities. 
 
 I 
 
» 
 
 Wages of emploj'ces paid on an hourly basis shall be clue and 
 payable at least twice each month. Not more than one week's wages 
 shall be held in arrears. Wages and salaries shall be exempt from 
 any payment for pensions, insurance or sick benefits except such as 
 is voluntarily ])aid or authorized to be deducted by emj)loYees. 
 
 The provisions of this Section regarding payment of hourly wages 
 shall not apply to persons employed in professional, executive, ad- 
 ministrative, and supervisory capacity who earn in excess of thirty- 
 five dollars ($35.00) per week, nor to persons employed in sales, 
 estimating, clerical or ofHce work. The wages for such persons shall 
 be due at least monthly. 
 
 (f) Rehates. — Members of the Division or their agents shall not 
 acce])t, either directly or indirectly, rebates on such wages or give 
 anything of value or extend any favors to any person for the pur- 
 pose of influencing rates of wages or working conditions of their 
 employees, or cause such to be done. 
 
 Section 4. Conditions of Employment. — (a) Posting. — All mem- 
 bers of this Division shall post and keep posted in conspicuous places 
 readily accessible to all employees complete copies of Chapter I, 
 General Provisions for the Construction Inrhistry, and of this Chap- 
 ter of this Code. All members of this Division shall comply with 
 all rules and regulations relative to the posting of provisions of 
 codes of fair competition which may from time to time be prescribed 
 by the Administrator. 
 
 (b) Safety and Health. — Each member of this Division shall make 
 reasonable provisions for the safety and health of his employees at 
 the place and during the hours of their employment. Standards 
 for safety and health shall be submitted by the Divisional Code 
 Authority to the Administrator within six (G) months after the 
 effective date of this Code. 
 
 (c) Limited Cafacify. — Persons whose earning capacities are lim- 
 ited because of age, physical or mental handicap, or other infirmity, 
 may be employed on light work at a wage below the minimiun estab- 
 lished by this Code, if the member of this Division who is the em- 
 ployer thereof obtains from the State Authority, designated by the 
 United States Department of Labor, a certificate authorizing such 
 person's employment at such wages and for such hours as shall be 
 stated in the certificate. Each member of the Division shall file 
 monthly with the Divisional Code Authority a list of all such per- 
 sons employed by him, showing the Avages paid to, and the maximum 
 hours of work for, such emj^loyce. 
 
 (d) Contrcwthuj. — (1) No member of this Division shall, directly 
 or indirectly, let or sublet to any employee or laborer solely the labor 
 services required by any contract secured by such member, except 
 where said labor services are compensated at a rate of not less than 
 the minima prescribed herein or in any applicable agreement ap- 
 proved as provided in Chapter I of this Code or Section 7 (b) of the 
 Act. This shall not be inter]>retcd to affect or modify the last para- 
 graph of Chapter I, Article III, Section 2 A. 
 
 (2) In no case shall a member of this Division avoid or evade the 
 labor provisions of this Chapter by contracting for granite with any 
 person or persons subject to labor provisions less stringent than those 
 provided in this Chapter. 
 
Article III — Administration ^ 
 
 Section 1. Code Authority. — A Divisional Code Authority is 
 hereby constituted to adniiiiistcr this Code Avithin tliis Division. The 
 Divisional Code Authority shall consist of seven (7) individuals. 
 
 Five (5) members of the Divisi(»nal Code Authority shall be mem- 
 bers or re}>resentatives of the Associatittn, a})]>ointed by the Board 
 of Directors of said Association, to serve for terms of one (1) year. 
 
 The two (2) remaininc; members of the Divisional Code Authority 
 shall be selected on a fair basis from and to represent members of this 
 Division avIio are not members of said Association or responsible 
 thereto. They shall be initially appointed by the Administrator. 
 Nominations for such ap})ointments shall be made by the Board of 
 Directors of said Association. Such members shall serve for a term 
 of one (1) year or until his or their successors have been selected 
 by the members of the Divisicm who are not members of said Asso- 
 ciation, according to a method of selection satisfactory to and 
 approved by the Administrator, or until such member or members 
 become a member or members of the Association or responsible 
 thereto, whichever of said periods shall be the less. In the event 
 no selection by the non-members of the Association of such members 
 is made within thirty (30) days of the expiration of any such 
 members' terms, the Administrator shall appoint the successors. 
 
 Section 2. Revbsw of Acts of the Code Author'tty. — If the Admin- 
 istrator shall determine that any action of the Divisional Code 
 Authority or any agency thereof may be unfair or unjust or con- 
 trary to the public interest, the Administrator to the extent of his 
 powers under the Act may require that such action be suspended to 
 afford an opportunity for investigation 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 (30) days' notice to him of intention to proceed with such 
 action in its original or modified form. 
 
 Section 3. Standard Forins. — Divisional Code Authority shall de- 
 vise standard forms of proposals and contracts, which forms shall 
 protect the rights of buyers and sellers, and apply for the approval 
 of the Administrator and Construction Code Authority to these 
 forms. 
 
 Section 4. Deffigruition of Depository. — The Divisional Co?le Au- 
 thority shall appoint and maintain a suitable impartial agenc}^ as 
 a depository for bids on granite. The duties of this deposit wy are 
 as set forth under Article IV hereof or as the Divisional Code 
 Authority may from time to time delegate to it. Nothing herein 
 contained shall relieve the Divisional Code Authority of its duties 
 and responsibilities. 
 
 Section 5. Code Expense. — A. It being found necessary in order 
 to support the administration of this C'ode and to maintain the 
 standards of fair competition established hereunder find to effectuate 
 the policy of the Act, tlie Divisional Code Authority is authorized : 
 
 (a) To incur such reasonable obligations as are necessary and 
 proper for the foregoing purjwses, and to meet such obligations out 
 
 2 See paragraph 2 of order approving this Code. 
 

 
 of funds which may be raised as hereinafter ])rovided and which 
 shall be held in trust for the purposes of the Code ; 
 
 (b) To submit to the Administrator for his approval, subject to 
 such notice and opportunity to be heard as he may deem necessary 
 (1) an itemized budget of its estimated expenses for the foregoing 
 purposes, and (2) an equitable basis upon which the funds necessary 
 to support such budget shall be contributed by members of the 
 Division ; 
 
 (c) After such budget and basis of contribution liave been ap- 
 proved by the Administrator, to determine and obtain equitable con- 
 tribution as above set forth by all members of the Division, and to 
 that end, if necessary, to institute legal proceedings therefor in its 
 own name. 
 
 B. Each member of the Division shall pay his or its equitable 
 contribution to the expenses of the mainteiiance of the Divisional 
 Code Authority, determined as hereinabove provided, and subject to 
 rules and regulations pertaining thereto issued by the Administrator. 
 Only members of the Division complying with the code and con- 
 tributing to the expenses of its administration as hereinabove pro- 
 vided, shall be entitled to participate in the selection of members of 
 the Divisional Code Authority or to receive the benefits of any of its 
 voluntary activities or to make use of any emblem or insignia of the 
 National Recovery Administration. 
 
 C. The Code Authority shall neither incur nor pay any obliga- 
 tion in excess of the amount thereof as estimated in its approved 
 budget, except upon approval of the Administrator; and no subse- 
 quent budget shall contain any deficiency item for expenditures in 
 excess of prior budget estimates except those which the Adminis- 
 trator shall have so approved. 
 
 Article TV — Trx\de Practice Rules 
 
 Geiwral Defn/'tlon. — Violation of any rule set forth in this Article 
 shall constitute an unfair trade practice. Any member of the Di- 
 vision wdio shall, directly or indirectly, use or employ such an unfair 
 trade practice shall be in violation of the Code. Nothing; in the 
 Article shall supersede or relieve the Divisional Code xVuthority of its 
 duties and responsibilities. 
 
 RULE 1. FILING OF BIDS, ETC., APPLICABLE ONLY TO BIDS AMOUNTING TO 
 
 $5,00 OR OVER 
 
 (a) Filing Bids. — Each member of this Division shall file with or 
 mail to the depository two (2) signed exact duplicate copies, prop- 
 erly identified, of every bid or revised bid for granite, together with a 
 list of all contractors and/or others to whom such bid or revised bid 
 is in any manner communicated. All such bids shall be filed or 
 mailed not later than thirty (30) hours before the time set for the 
 opening of general contract bids vrhen the granite is part of a general 
 contractor's proposed contract, or not later than thirty (30) hours 
 before the time set for opening of granite bids when granite bids are 
 requested by others instead of through general contractors. Mem- 
 bers of the Division shall immediately notify the depository if the 
 time set for opening of bids iias been changed. 
 
10 
 
 (b) Opening of Filed Bids. — Not sooner than thirty (30) hours 
 nor later than seventy-eight (78) hours after the time established in 
 (a) hereof, for the filing of granite bids, the depository shall open 
 the filed duplicate bids and mail one (1) signed copy of each bid 
 to the recipient of the original of such bid as a confirmation; and 
 mail to all members of the Division who filed bids, and who have 
 complied with the provisions of Section 5 of Article III in the 
 manner prescribed in applicable Executive or Administrative Orders, 
 a copy of all bids and lists filed as described in (a) hereof. Written 
 notice of any apparent violation of this Article shall be filed by the 
 Depository with the Divisional Code Authority. 
 
 (c) Reinsions. — If revisions requiring a change of less than 25% 
 of the cubic quantity of granite are made in the plans and/or speci- 
 fications after the original opening of filed bids and/or new bids 
 are called for, only members of the Division who bid originally may 
 submit new or levised bids and such members of the Division shall 
 immediately send a breakdown of their original bid to the depository, 
 and if required by the Divisional Code Authority, shall substantiate 
 the fact that their revised bid is made on the same basis as their 
 original bid. In case the lovv^est filed bid (filed originally) amounted 
 to less than twenty-five thousand dollars ($25,0CX).0()), this para- 
 graph shall be effective for one hundred and twenty (120) days and 
 otherwise for one hundred and eighty (180) days from the time 
 established in Rule 1 (a) hereof for the original filing of bids. If the 
 revisions require a change of 25% or more of the cubic quantity 
 of granite, new bids may be submitted by any member of the Divi- 
 sion at a time as provided for in paragraph (a) hereof. 
 
 (d) Cube. — The total net cubic quantity of granite required by 
 each bid or revised bid shall be filed with the bid. The cubic quan- 
 tity shall be determined by rectangular measure. The rectangular 
 measure of each piece of granite shall be the cubic volume of the 
 smallest rectangular box in wliich said piece can be enclosed. 
 
 (e) Filing Contracts. — Each member of the Division shall file 
 with the depository true copies of all contracts for granite work 
 awarded to them within twenty-four (24) hours after the actual 
 execution of the contract. In the event a member of the Division 
 shall begin work prior to the execution of a contract, he shall pro- 
 ceed on the basis of his filed bid and shall so notify the depository. 
 Upon execution of the contract he shall file a co]Dy of the contract 
 as required above. The depository shall immediately report this, 
 together with contract price, to all known members of the Division 
 who have complied with the provisions of Section 5 of Article III 
 in the manner prescribed in applicable executive or administrative 
 orders. 
 
 (f ) (Confidential Information.. — All information received by the de- 
 pository shall be kept confidential except as otherwise provided in 
 this Code and except that it shall be available to the Administrator 
 upon his request. The depository shall report in writing any known 
 or suspected violation of this Code to the Divisional Code Au- 
 thority. In no case shall the depository be permitted or required 
 to open filed bids prior to the time established in Rule 1 (b) hereof, 
 for the opening of filed bids. 
 
 (g) Stock and Quarry. — Each member of the Division shall name 
 in his bid the stock and quarrj- on which it is based and if any other 
 
11 
 
 member of the Division is to perform any of the functions defined in 
 Article I, Section 1 hereof (with the exception of carving), such 
 member or members of the Division shall be named in the bid. 
 
 (h) Plans and Specif cations. — Members of the Division shall bid 
 on granite only in strict accordance with plans and/or specifications 
 which state the name and location of the work and of the Architect 
 and/or Engineer. This shall not prevent any member of the Divi- 
 sion from bidding to any other member of the Division on any 
 portion of any project so long as the remaining provisions of this 
 Code are observed. The naming or describing of any particular 
 granite in the specifications shall not prohibit any member of the 
 Division from bidding on the work in other granites, subject, how- 
 ever, to the provisions of Rule 3 of this Article. All granite, called 
 for by the plans and specifications, including curbing, paving, flag- 
 ging and similar granite work, with the exception of crushed granite, 
 shall be included in the bid. 
 
 (i) Contract and Bid. — No member of the Division shall accept 
 and/or execute any contract for the sale of granite except in accord- 
 ance with such members bid for such granite. 
 
 (j) Standard Forms. — All members of the Division shall use 
 standard forms of proposals and contracts for granite after they 
 have been approved by the Construction Code Authority and the 
 Administrator, except in cases where special forms are prescribed by 
 competent governmental authority. 
 
 RULE 2. DI\^SION OF BIDS 
 
 In submitting his bid the member of the Division shall clearly state 
 the exact place and conditions of delivery and if the bid includes any 
 functions other than those defined in Article I, Section 1 hereof, the 
 amount included in the bid for such functions shall be set forth 
 separately. Each bid may also state the price for granite f.o.b. point 
 of shipment. 
 
 EULE :;. BIDDING ON STOCK PRODUCED BY OTHER MEMBERS OF THE 
 
 DIVISION 
 
 No member of the Division shall submit a bid based upon rough 
 stock quarried by another member of the Division without first secur- 
 ing i\\Q consent of that member of the Division or a quotation on the 
 stock he desires to bid upon, but if special granites are specified, 
 any one of which amounts to less than five per cent (5%) of the total 
 granite cube, this shall not apply to such special granites. 
 
 RULE 4. CHANOINO OF BIDS 
 
 For a period of one hundred and twenty (120) days (one hundred 
 and eighty (180) days if lowest original bid filed was twenty-five 
 thousand dollars ($25,000) or more) after bids liave been opened, no 
 member of the Division shall change his bid except as herein pro- 
 vided. Nothing herein contained shall deprive a member of the 
 Division of any right he has to withdraw his bid. In case of a filed 
 bid, a report of such withdravval shall be sent immediately to the 
 
12 
 
 Depository and by the Depository to all bidding members of the 
 Division. 
 
 RULE 5. BIDDING ON REVISIONS 
 
 None but members of the Division who bid originally may bid 
 on revisions requiring a change of less than 25% of the cubical quan- 
 tity of granite and then only to those to whom they originally sub- 
 mitted bids, except to contractors or others who did not themselves 
 bid originally but are making bids on the revised plans and speci- 
 fications. Bids to such contractors who did not bid originally shall 
 not be lower than the lowest revised bid given to original bidders. 
 In case the lowest filed bid (filed originally) amounted to less than 
 twenty -five thousand dollars ($25,000), this paragraph shall be 
 effective for one hundred and tAventy (120) days and otherwise for 
 one hundred and eighty (180) days from the time established in 
 Rule 1 (a) hereof for the original filing of bids. 
 
 RULE 0. OPENING OF COMPETITIVE BIDDING 
 
 The Divisional Code Authority or tlie Administrator shall declare 
 the new or revised bidding open to all members of the Division upon 
 receipt of satisfactory evidence of collusion between any or all 
 bidding members of the Division or between bidding member or 
 bidding members of the Division and others. 
 
 RULE 7. AGENTS 
 
 (a) Each member of the Division .shall immediately file with the 
 Depository established under Article III, section 4, a list of all his 
 sales agents together with a true and complete statement of all oral 
 and/or written contractural relations with each such agent. Informa- 
 tion regarding such contractural relations is to be available to the 
 Administrator, and to be otherwise held confidential by the 
 Depository. 
 
 (b) No member of the Division shall, directly or indirectly, make 
 any allOwarice or payment whether in the form of money or other- 
 wise to his sales agents except in strict accordance with the true 
 and complete statement of all oral and/or written contractural rela- 
 tions with such agent as hereinbefore required. 
 
 RULE 8. SECRET REBATES, ETC. 
 
 No member of the Division shall (except as herein provided) offer 
 or make any payment or allovrance to any purchaser of a rebate, 
 refund, commission credit, unearned discount or excess allowance, 
 whether in the form of money or otherwise, or offer or extend special 
 service or privilege not extended to all customers of the same class, 
 for the purpose of influencing a sale. 
 
 RULE 9. CONTRACT ADJUSTMENTS REQUIRED 
 
 No member of the Division in the execution of a contract for 
 granite shall furnish and/or provide, directly or indirectly, any 
 
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 •material, labor, or service of any nature in addition to the require- 
 ments of his existing contract as filed with the depository unless 
 an equitable adjustment shall have been made to compensate this 
 member of the Division therefor. 
 
 RULE 10. SELLING TO OTHERS, ETC. 
 
 No member of the Division shall sell to or through any person who 
 is a member of this Division who resells except on condition that 
 such person shall agree not, (1) to split commissions directly or 
 indirectly with any person; (2) to sell or oifer to sell granite except 
 in compliance with all the provisions of this Code. 
 
 RULE 11. SALES AND CONTRACTS IN ACCORDANCE WITH CODE 
 
 No member of the Division shall directly or indirectly sell, oifer 
 to sell, negotiate for the sale of, contract or perform any contract 
 for granite in violation of this Code. 
 
 RULE 12. APPLICATION 
 
 The provisions of this Article shall apply to this Division as herein 
 defined excluding operations therein undertaken in accordance with 
 bona fide bids made not more than ninety (90) days prior to the 
 effective date, or contracts entered into prior to the effective date. 
 
 Article V — Registration of Members of the Division 
 
 Each member of this Division within thirty (30) days after the 
 effective date of this Chapter, shall register with the Divisional Code 
 Authority. All members of this Division who shall be within the 
 Building Granite Division thereafter shall likewise register with the 
 Divisional Code Authority. Registration of the members of this 
 Division shall include the full name and mailing address of such 
 member. Application may be made by the Divisional Code Au- 
 thority to the Administrator for an extension of the time limit for 
 registration by any member of this Division if it appears that the 
 time limit as provided herein may cause injustice or undue hardship 
 to any member of this Division. 
 
 Article VI — Modification 
 
 Subject to the provisions of Section 2 (c) of Article IVB of Chap- 
 ter I of this Code, the provisions of this Chapter, except as to provi- 
 sions required by the Act, may be modified on the basis of experience 
 or changes in circumstances, such modifications to be based upon 
 application to the Administrator and such notice and hearing as he 
 shall specify, and to become effective on his approval. 
 
 Article VII — Mandatory Provisions of the Act and Reference 
 to Provisions of Chapter I 
 
 Section 1. Laho)^ Provisions of the .4 c^— Employees .shall have 
 the right to organize and bargain collectively through representa- 
 tives of their own choosing and shall be free from the interference. 
 
14 
 
 restraint, or coercion of members of the Division, 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 ; 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 assist- 
 ing a labor organization of his own choosing; members of the Divi- 
 sion shall comply with the maximum hours of labor, minimum rates 
 of pay, and other conditions of employment, approved or prescribed 
 by the President. 
 
 Section 2. PresixUntial Poioers. — This Code, and all the provisions 
 thereof, and of any Chapter thereof, are expressly made subject to 
 the right of the President, in accordance with the provisions of sub- 
 section (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 
 of any addition thereto, or any conditions imposed by him upon 
 such approval. 
 
 Section 3. Reference to Proimions of Chapter I. — Provisions of 
 Chapter I of this Code, including any amendments thereto, or modi- 
 fications thereof, except as herein specifically provided are specifically 
 incorporated herein with the same force and effect as if set forth 
 herein in full. 
 
 Article VIII — Effective Date 
 
 This Chapter shall become effective on the thirtieth (30th) day 
 after the approval pursuant to the Act, and shall apply only within 
 the forty-eight (48) States and the District of Columbia. 
 
 Approved Code No. 244 — Supplement No. 18. 
 Registry No. 1023-01. 
 
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