Approved Code No. 244 — Supplement No. 21 Registry No. 308—02 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE CORK INSULATION CONTRACTORS' INDUSTRY AS APPROVED ON APRIL 1, 1935 UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1935 For sale by the Superintendent of Documents, Washington, D. C. Price 5 cents This ijuhlicatioii i^j for sale by thL> Sr.pcn-intt>n(leiu of Dot'umeuts, Governineiit Priiitiny Ofiieo, AVashington, D. C, and by tl'.e following N. It. A. offices: Atlanta. Ga. : 025 Citizeus & t^outluH'U Nalional liauk Building. Baltimore, Md. : 130 CiistomIir,ii,st>. Birmin.shiim. Ala. : 201 Liberty National Life lUiildiug. Boston. Mas.'^. : Room 1200. 80 Federal Street. Buffalo, N. Y. : 219 White Building. Chicago, 111. : Room 204. 400 Nortli Mit higan Avenue. Cleveland, Ohio. : 520 Bulkley Building. Dallas, Tex. : 1212 Republic Bank Building. Detroit, Mich.: 415 New Federal Building. Houston, Tex. : 403 Milani Building. Jacksonville, Fla. : 425 United States Courthouse and Post Otlice Building. Los Angeles, Calif. : 751 Figueroa Street, South. Louisville, Ky. : 40S Federai Building. Minneapolis, Minn. : 900 Roanoke Building. Nashville, Tenn. : 415 Cotton States Building. Newark, N. J. : 434 Industrial Ofnoe Building, lOGO Broad Street. New Orleans, La. : 214 Customhouse. New York, N. Y. : 45 Broadway. Oklahoma City, Okia. : 427 Commerce Exchange Building. Philadelphia. Pa. : 933 Commercial Trust Building. Pittsburgh, Pa. : 401 Law and Finance Building. Portland, Oreg. : 407 Park Building. Providence, R. I. : National Exchange Bank Building, 17 Exchange Street. St. Louis, Mo. : Suite 1220, 500 Olive Street. San Francisco, Calif. : Humbolt Bank Building, 785 Market Street. Seattle, Wash. : 1730 Exchange Building. VP -^:. Approved Code No. 244 — Supplement No. 21 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE CORK INSULATION CONTRACTORS' INDUSTRY As Approved on April 1, 1935 ORDER Supplementary Code of Fair Compictition for the Cork Insula- tion Contractors' 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 Chapter I of the Code of Fair Competition for the Construction Industry, approved January 31, 1934, for approval of the Cork Insulation Contractors' Chapter of said Code, and hearing having been duly held thereon and the annexed report on said Chapter, containing findings with respect thereto, having been made and directed to the President: NOW, THEREFORE, on behalf of the President of the United States, the National Industrial Recovery Board, pursuant to au- thority vested in it by Executive Orders of the President, including Executive Order No. 6859. and otherwise, does hereby incorporate by reference said annexed report and does find that said Chapter complies in all respects with the pertinent provisions and will pro- mote the policies and purposes of said Title of said Act; and does hereby order that said Supplementary Code of Fair Competition be and it is hereby approved. National Industrial Recovery Board, ByW. A. Harriman, Administrative Officer. Approval recommended : RoBT. N. Campbell, Acting Division Administrator. Washington, D. C, April 1, 1936. 125752° 1749-30 35 (1) KEPOET TO THE PRESIDENT The Pkesident, The White House. Sir : This is a report on the Cork Insulation Contractors' Chapter of the Code of Fair Competition for the Construction Industry, which is described as Chapter I and which was approved bv you on January 31, 1934. This Chapter is a revision after a Public Hearing conducted in Washinoton on August 3, 1934, in accordance with the provisions of the National Industrial Kecovery Act. This Chapter amplifies Chapter I, but applies specifically to the Cork Insulation Contrac- tors' Division of the Construction Industry. PROVISIONS FOR HOURS AND WAGES AYith the exception of the inclusion of an overtime rate for all hours worked by employees of this Industry in excess of the daily or weekly maximum when performing emergency work, the hour and wage provisions set forth in Chapter I of the Construction Code as approved by you on January 31, 1934 are applicable to this Chapter. ECONOMIC EFFECT OF THE CODE Estimates made by the Division of Kesearch and Planning indicate that the number of employees in this Division of the Construction Industry decreased from approximately 4,000 in 1929 to 1,600 in 1933. It is reasonable to predict that the establishment of Tinif orm rates of pay, uniform hours of work, improved conditions of employment and the prohibition of unfair trade practices will be beneficial to all of this Industry, as well as to the employees and the consumer. FINDINGS The Deputy Administrator in his final report to the National Industrial Recovery Board on said Code having found as herein set forth and on the basis of all the proceedings in this matter; The National Industrial Recovery Board finds that : (a) Said Code is well designed to promote the policies and pur- poses of Title I of the National Industrial Recover}^ Act, including removal of obstructions to the free flow of interstate and foreign connnerce which tend to diminish the amount thereof and will pro- vide for the general welfare by promoting the organization of in- dustry for the purpose of cooperative action among trade groups, by inducing and maintaining united action of labor and management under adequate governmental sanctions and supervision, by eliminat- ing unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of industries, by avoid- (2) iiii>' undue restriction of production (except as may he temijorarily required), by increasin*^ the consumption of industrial and agricul- tural products throuoli increasing purcliasing power, hy reducing and relieving unemployment, hy 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 the National Industrial Recovery Board as a major industry. (c) The Code as approved complies in all respects wuth the per- tinent provisions of said Title of said Act, including without limi- tation, subsection (a) of Section 3, subsection (a) of Section 7, and subsection (b) of Section 10 thereof; and that the applicant as- sociation is an industrial 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 w^ill 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. For these reasons, therefore, the National Industrial Recovery Board has approved said Cork Insulation Contractors' Chapter of the Code of Fair Competition of the Construction Industry. For the National Industrial Recovery Board : W. A. Harriman, A dmhiisfrative Ojji.ccr. April 1, 1935. Chapteh XXIV SUPPLEMENT AKY CODE OE FAIPv COMPETITION FOR THE CORK INSULATION CONTRACTORS' DIVISION OF THE CONSTRUCTION INDUSTRY Article I — Definitions Section 1. The term " Cork Insulation Contractors' Division " or ^ this Division "' as used herein means the contracting for hire, either by direct or sub-contract, to furnish and erect cork and/or rock cork insulation to the interior and/or exterior surfaces of buildings in which it is intended to maintain predetermined temperatures, including the insulation with incidental construction of all separate rooms within the building in which a predetermined temperature is to be maintained, and including also all other surfaces, except where such work on such other surfaces is by e&rtablished custom performed as a part of the work of another division of the Construction Indus- try. This Division does not include the insulation of residential buildings to prevent the transfer of heat. Section 2. Association. — The term "Association '' as used herein is defined to mean the " Cork Insulation Contractors' National Asso- ciation ", a trade association of members of this Division. Section 3. For the purposes of this Chapter, the term "Adminis- trator *•, "Administrator for Industrial Recovery ", or equivalent terms as used in Chapter I of this code as adopted herein, shall mean such person or persons, board or agency as may from time to time be empowered to administer the provisions of Title I of the National Industrial Recovery Act pursuant to delegation of authority by the President under Section 2 (b) of said Act. Article II — Reference to Provisions of Chapter I and to Man- datory Provisions or the Act Section 1. Reference to Provisions of Chapter /.-^All the pro- visions of Chapter I of this Code, including any amendments thereto, or modification thereof, except as herein specifically pro- vided, are specifically incorporated herein with the same force and eifect as if set forth herein in full. Section 2. Lahor Provisions of the Act. — Employees shall have the right to organize and bargain collectively through representa- tives of their own choosing, and shall be free from the interfer- ence, 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 bar- gaining or other mutual aid or protection; no employee and no (4) one seeking employment shall he required as a condition of employ- ment to join any company union or to refrain from joining, or- ganizing or assisting a lahor organization of his own choosing; employers shall comply with the maximum hours of labor, mini- mum rates of pay, and other conditions of employment approved or prescribed by the President. Section 3. Presidential Powers. — This Code, and all the pro- visions thereof, are expressly made subject to the right of the Presi- dent, in accordance with the provisions of subsection (b) of Sec- tion 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 ad- ditions thereto or conditions imposed by him upon such approval. Articue III — Administration Section 1. Divisional Code Authority. — A Divisional Code Au- thority is hereby constituted to administer this Code within this Division. (a) Association Members . — The seven members of the Executive Committee of the Association shall be the seven (7) Association Members of the Divisional Code Authority to serve for a term of one (1) year or until their successors are appointed by the Board of Directors of the Association. (b) N on- Association Menibers. — In addition to the Association Members provided for above, there shall be two (2) members of the Divisional Code Authority to represent members of this Division who are not members of the Association. These two members shall be selected on a fair and representative basis from, and to represent, members of this Division who are not members of the Association by a method of selection satisfactory to and approved by the Na- tional Industrial Recovery Board. Such members shall be approved by the National Industrial Recovery Board before taking office. In the event of failure of such members of this Division to select such members of the Divisional Code Authority within a time, or in a manner satisfactory to the National Industrial Recovery Board, they are to be appointed by the National Industrial Recovery Board. Each non-Association member of the Divisional Code Authority shall serve for a term of one (1) year or until he becomes a member of the Association or until his Successor shall have been appointed by the National Industrial Recovery Board, or elected by members of this Division who are not members of the Association (at an election, the manner and methods of conducting which are satisfac- tory and approved by the National Industrial Recovery Board), whichever of said period shall be the less. Each such member shall serve until liis successor shall take office. (c) Vacancies. — The successors, including the successor of any member whose membership becomes vacant, of the non-Association Members may be elected by the members of this Division who are not members of the Association, at an election the manner and method of conducting which shall be satisfactory to and approved by the National Industrial Recovery Board. In event of failure of the 6 iion-iVssociation Members of this Division to hold such elections the successors of the non-Association Members of the Divisional Code Authority shall be appointed by the National Industrial Recovery Board. (d) Remocah. — Any member of the Divisional Code Authority may be removed at any time by the appointing agency or the agency which has power to select his successor, subject to the approval of the National Industrial Recovery Board, (e) Each trade or industrial association directly or indirectly participating in the selection or activities of the Divisional Code Authority shall impose no inequitable restrictions upon membership. Section 2. Powers and Duties. — Subject to such rules and regula- tions as may be issued by the National Industrial Recovery Board, the Divisional Code Authority shall have as a part of and in addi- tion to the powers and duties conferred upon it by Chapter I of this Code, the following powers and duties : (a) To insure the execution of the provisions of tliis Code and to provide for the compliance of t!ie Industry with the provisions of the Act. (b) (\iordinnfion with ofher Codes. — To make recommendations to the National Industrial Recovery Board for the coordination of provisions of this Chapter, and of the administration of this Code with sucli other Codes as may be related to this Division or affect its members. (c) Trade Pracfiee Gommlftee. — To appoint a trade practice com- mittee which shall meet with the trade practice committee appointed under such other Codes or Chapters hereof as may be related to this Division for the purpose of formulating fair trade practices to gov- ern the relationship between members of this Division and members of such other Codes or Chapters to the end that such fair trade prac- tices may be proposed to the National Industrial Recovery Board as amendments to this Chapter or such other Codes or Chapters. (d) Cost Finding and Accounting. — The Divisional Code Author- ity shall cause to be formulated methods of cost finding and account- ing capable of use by all members of the Division, and shall submit such methods to the National Industrial Recovery Board for review. If approved by the National Industrial Recovery Board, full infor- mation concerning such methods shall be made available to all members of the Division. Thereafter, each member of the Divi- sion shall utilize such methods to the extent found practicable. Noth- ing herein contained shall be construed to permit the Divisional Code Authority, any agent thereof, or any member of the Division to suggest uniform additions, percentages or differentials or other uniform items of cost which are designed to bring about arbitrary uniformity of costs or prices. (e) Swvey Bureaus. — To establish or approve, Avhen it deems advisable, impartial Survey Bureaus for defined local districts, for the purpose of providing a correct estimate or tabulation of quanti- ties of materials required on projects in such districts. Any tabu- lations or estimate of quantities provided by such a Survey Bureau must be itemized in a manner established by trade practice in the particular district and must not be priced. The Divisional Code Authority shall not establish or approve any such Survey Bureau unless it is satisfied that such Bureau is fully competent and equipped to furnish the estiuu^te oj- tabuhition of quantities herein refened to, and all such Survv Bureaus and their operutin*^- regulations ap- pi-oved by the Division.al Code Authority shall be subject to the approval of the National Industrial Recovery Board. (f) Registration. — To reciuire the registration of all work under- taken by the members of this Division as herein defined exceeding five hundred dollars ($500.00) in value. (g) The Use of the Association. — To use the xV>::sociation or other agencies as it deems proper for the performing of any of its ac- tivities provided for herein, provided that nothing herein shall relieve the Divisional Code Authority of its duties or responsibilities under this Code, and that the Association and such agencies shall at all times be subject to and comply with the provisions hereof. (h) In compliance with the provisions of Section 1 of Subdivision A of Article IV, of Chapter I, to select one of the members of this Division as a member of the Construction Code Authority. Such" member shall be elected for a term of one (1) year or until his successor shall have been elected and qualified. The election shall be held on proper notice to every member of the Divisional Code Authority and each of such members shall be entitled to one (1) vote. In order for any candidate to be elected, seven (7) of the nine (9) members of the Divisional Code Authority shall have voted for his election. Section 3. Expense of Administration. — It being found neces- sar}^, in order to support the administration of this Chapter and to maintain the standards of fair competition established by this Code and to effectuate the policy of the Act, the Divisional Code Authority is authorized: (a) Incurring Obligations. — To incur such reasonable obligations as are necessary and proper for the foregoing purposes and to meet such obligations out of funds which may be raised as hereinafter provided and which shall be held in trust for the purpose of the Chapter. (b) Budget and Basis of Contrihution. — To submit to the Na- tiosial Industrial Recovery Board for its approval, subject to such notice and opportunity to be heard as it may deem necessary, (1) an itemized budget of its estimated expenses for the foregoing pur- poses, and (2) an equitable basis upon which the funds necessary to support such budget shall be contributed by members of this Division. (c) Securing Contributions. — After such budget and basis of con- tribution have been approved by the National Industrial Recovery Board, to determine and secure equitable contributions as above set forth by all such members of this Division, and to that end, if neces- sary, to institute legal proceedings therefore in its own name. Section 4. Benefit of Activities. — Each member of this Division shall pay his or its ec{uitable contribution to the expenses of the maintenance of the Divisional Code Authority, determined as herein- above provided, and subject to rules and regulations pertaining thereto issued by the National Industrial Recovery Board. Only members of this Division complying with the Code and contributing to the expenses of its administration as provided in Section 3 of this Article (unless duly exempted from making such contribution), shall 8 be entitled to participate in the selection of the 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. Section 5. Excess Ohligat'wns. — The Divisional Code Authority shall neither incur nor pay any obligation substantially in excess of the amount thereof as estimated in its approved budget, and shall in no event exceed the total amount contained in the approved budget, except upon approval of the National Industrial Recovery Board; and no subsequent budget shall contain any deficiency item for expenditures in excess of prior budget estimates except those which the National Industrial Recovery Board shall have so approved. Section 6. Notice of Meetings. — Members of the Construction Code Authority, including the administration members thereof and the National Industrial Recovery Board, shall be given at least five (5) days' notice of, and may sit at, all meetings of the Divisional Code Authority. Section 7. Meetings of Administrative Agencies. — The Divisional Code Authority or its authorized representative or representatives may attend meetings of any administrative agency established for any subdivision. Article IV — Hours, Wages and General Labor Provisions Section 1. Exeniptions. — The following are exempt from the provisions of Subdivision B of Section 2 of Article III, Chapter I of this Code relating to maximum hours: (a) Employees engaged in managerial, executive or supervisory capacity regularly receiving more than thirty-five ($35.00) dollars per week. However, no employer engaged in a supervisory capacity who performs manual labor shall be included in this exception. (b) Watchmen, who shall not, however, be permitted to work in excess of fifty-six (56) hours in any one week nor more than six (6) days in any seven (7) day period. (c) Employees engaged in emergency work involving break- down or j^rotection of life or property who shall be paid at the rate of at least one and one-half {IVi) times the normal rate for all hours worked in excess of the daily and/or weekly maximum. Section 2. Weekly Maximum. — No employee shall be permitted to work more than six (6) days out of any seven (7) day period. Section 3, Employer Compliance. — Members of tliis Division who personally perform manual work or are engaged in mechanical operations shall not exceed the maximum as to hours and days pre- scribed herein for employees performing similar work. Section 4. Payment of Wages. — (a) All members of this Division shall make payment of all wages due in lawful currency of the United States or by negotiable check therefor, payable on demand at par. If wages are paid by check, the employer shall provide reasonably accessible facilities for cashing such checks at face value without expense to the employee. Employers shall also provide such identification as is necessary to utilize such facilities. 9 (b) Wa<^es shall be payable at the end of each weekly period. Wages sliall be exeiu]>t fronx aii}'' payment for i)eiisioiis, insurance or sick benefits except such as are voluntarily paid ))y cnii)lovees. Em- ployers or their agents shall not accept, directly or indirectly, rebates on such wages or give anything of value nor extend any favors to an}'' person for the purpose of influencing rates of wages or working conditions of their emplo3'ees. (c) The provisions of this Section regarding payment of wages at the end of each weekly period shall not apply to persons employed in executive, administrative and supervisory capacity who regularly earn in excess of thirty-five ($35.00) dollars per week, nor to per- sons employed in clerical or office work. The wages for persons employed in clerical or office work shall be payable at least semi- monthly. Section 5. Evasion hy Reemployment. — No employer shall re- classify employees or duties of occupations preformed or engage in any other subter'fuge so as to defeat the purposes of the Act or of this Code. Section 6. Handicapped Persons. — 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 wage below the minimum established in this Code if the em})loyer or employee 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 certificate. Each employer shall file monthly with the Divisional Code Au- thority a list of all such persons employed by him showing the wages paid to, and maximum hours of work for such employees. Section 7. 8afet]i Standards. — Each member of this Division shall provide 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 National Industrial Recovery Board within three (3) months after the effective date of this Chapter. After approval, b}'^ the National Industrial Recovery Board, such standards shall become the mini- mum standards of safety and health for all members of this Division. Section 8. Posting. — All employers shall post and keep posted, copies of Chapter I and this Chapter of this Code in conspicuous places accessible to all employees. Every member of the Industry 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 National Industrial Recovery Board. Section 9. Subletting Lahor Services. — No member of this Di- vision shall, directly or indirectly, let or sublet to any employee or employer solely the labor services required by any contract secured by such member. In no case shall a member of this Division avoid or evade the labor provisions of this Chapter by contracting his work to any person or persons subject to labor ])rovisions less stringent than those provided in this Chapter. Section 10. Dismissal or Demotion for Complaint. — No em])loyee shall be dismissed or demoted by reason of making a complaint or giving evidence Avith respect to an alleged violation of this Code. 10 Section 11. Compliance toith Area Agreements, — Each member of this Division shall be subject to the provisions of Section 1, Arti- cle III, Chapter I with regard to compliance with terms of Area Agreements when performing work in an area in which approved agreements exist covering the employees of this Division. Article V — Fair Trade Practice Regulations The provisions of this Article (in addition to the provisions of Article VII of Chapter I of this Code) are hereby established as rules of fair trade practice, and any violation of said rules shall constitute an unfair method of competition and a violation of this Code. Rule 1. Inaccurate Advertising . — No member of this Division shall publish advertising (whether printed, radio, display or of any other nature) which is misleading or inaccurate in any material particular, nor shall any member in any way misrepresent any goods (including but without limitation of its use, trademark, grade, qual- ity, quantity, origin, size, substance, character, nature, finish, ma- terial, content or preparation) or credit terms, values, policies, serv- ices, or the nature or form of the business conducted. Rule 2. Defamation. — No member of this Division shall defame a competitor by falsely imputing to him dishonorable conduct, in- ability to perform contracts, questionable credit standing, or by other false representation, or by falsely disparaging the grade or quality of his goods. Rule 3. Secret Rel>ates. — 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, nor shall a member of this Divi- sion 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. Rule 4, Brihing Em/ployees. — No member of this Division shall give, permit to be given, or offer to give, anything of value for the purpose of influencing or rewarding the action of any employee, agent, or representative of another in relation to the business of the employer of such employee, the principal of such agent or the repre- sented party, without the knowledge of such employer, principal or party. This j^rovision shall not be construed to prohibit free and general distribution of articles commonly used for advertising ex- cept so far as such articles are actually used i^^r commercial bribery as hereinabove defined. Rule 5. Inducing Breach of Existing Contracts. — No member of this Division shall wilfully induce or attempt to induce the breach of existing contracts between competitors and their customers by any false or deceptive means, or interfere with or obstruct the per- formance of any such contractual duties or services by any such means, with the purpose and effect of hampering, injuring or embarrassing competitors in their business. Rule 6. Matenals to he used. — All proposals from members of this Division shall be based on the use of new" material throughout, unless otherwise clearly stated in the proposal, or offered and installed as other than new material. 11 KuL.E 7. Misrepreb^cntatioH. — No nuMuber of this Division ishall niisropix?sent or makf materially inaeciirale or det'optive statements in any manner re<»arcling any material and/or workmanship (includ- ing- but Avithout limitation its use, trade mark, grade, (juality, quan- tity, origin, size, substance, character, nature, finish, jnaterial content, or preparation) for the purpose of or with the tendency or eifect of misleading' or deceiving purchasers or prospective purchasers. Rule 8. No member of this Division shall accept or give securi- ties, bonds, mortgages, stocks, promissory notes, or other personal or real property as Avhole or part payment for work or material, at other than the fair market value thereof, to be determined in doubt- ful cases by independent and competent appraisal. Rule 9. Hazardous Specifications. — No member of this Division shall reconmiend specifications which are known to be faulty or hazardous from a construction viewpoint, or fail to caution pro- spective purchasers against the use of such specifications, or secretly change specifications in figuring estimates for the purpose and with the effect of misleading competitors and customers, or execute any contract other than in strict accordance with the construction speci- fications on Avhich the contract was estimated and secured, unless changed with the approval of the awarding authority and the owner. Rule 10. Reference to Section -9, Article VII, of Chapter I. — Nothing in this Article shall nullify or affect the application of Section 9, Article VII of Chapter I of this Code to this Division. RuiiE 11. ComhiMition Bids. — In the case of combination bids, or registration thereof, the bids for work not in this Division shall be separate and distinct from any bid for work wdthin this Division. Rule 12. Term^s of Payment. — Each member of this Division shall clearly state in each proposal submitted, the terms of payment under vrhich an order or contract will be accepted. The Divisional Code Authority may establish terms of payment and standard terms for contract work in this Division, which terras, upon adoption by the Divisional Code Authority, shall be transmitted to the National Industrial Recovery Board for approval. Rule 13. Contractual Agreements. — The following bases of con- tractual agreements are recognized as fair trade practices : guaran- teed price, unit price, lump sum, cost of work plus a fee commonly known as time and material contract, and other contractual methods not inimical to the public interest, providing that the regulations contained in this Code are not. Article VI — Bidding Section 1. Inspection of Records. — Each member of the Divi- sion shall keep accurate and complete records of all estimates of costs, and shall furnish accurate reports based upon such estimates of costs when required by the Divisional Code Authority or the National Industrial Recovery Board. If the Divisional Code Au- thority or the National Industrial Recovery Board shall determine that substantial doubt exists as to the accuracy of any such reports or estimates of costs, so much of the pertinent books, records and papers of such member as may be required for the verification of such reports or estimates of costs may be examined by an impartial agency, agreed upon between the Divisional Code Authority and 12 such member, or, in the absence of agreement, appointed by the Na- tional Industrial Recovery Board. In no case shall the facts dis- closed by such examination be made available in identifiable form to any competitor, whether on the Divisional Code Authority or otherwise, or be f^iven any other publication, except such as may be required for the proper administration or enforcement of the pro- visions of this Code. Section 2. No member of this Division shall submit an estimate or bid price on any job without retaining a record thereof. Section 3. Estimates. — In the case of a project that has been serviced by an approved Survey Bureau, it shall be a violation of this Code to use quantities Avhich when similarly priced would result in a bid price more than two percent (2%) lower than the price based on the use of the correct quantities or quantities furnished by the approved Survey Bureau, whichever is lower. Article VII — Filing of Bids Section 1. (a) Depository for Bids. — Any member of this Divi- sion submitting a proposal on any job amounting to five hundred ($500.00) dollars or more shall file copies of his bid or bids and all revisions thereof with such impartial depository as may be desig- nated by the Divisional Code Authority or its authorized repre- sentative; the same to be kept sealed and confidential until after the bids are received and opened, following which the copies of bids submitted to the successful awarding authority may be opened by the Divisional Code Authority or its authorized representative and the successful bidder's and the three lowest bidders' proposals disclosed to all bidders, and shall be available to the National Industrial Recovery Board on request. (b) Each bid, filed in accordance with paragraph (a) of this Sec- tion, shall be accompanied by fee not exceeding one dollar ($1.00). In no case shall this fee be more than one dollar ($1.00) when identical bids are submitted to more than one awarding authority. The Divisional Code Authority shall use funds so received to pay the expenses of depositing such bids and shall keep account of the receipts and expenditures, the same to be open to the National Indus- trial Recovery Board or its representatives, for inspection. (c) Upon the complaint of any bidder the Divisional Code Authority or any local administrative committee appointed by it shall select a Committee of Review, composed of not more than three qualified persons who were not bidders on the particular job to be reviewed, one of Avhom, if possible, shall not be a member of the Association. This Committee shall be directed to make such investi- gation of the bid as will enable it to determine whether this Code of Fair Competition has been violated in the bidding on the job in question. In the event the Committee of Review shall find that any such violation has occurred, their findings on the violation, together with a summary of the facts upon which they are based, shall be reported to the Local Administrative Committee or the Divisional Code Authority for such action as it may deem proper, including in appropriate cases, with the approval of the National Industrial Recovery Board, report to the Federal District Attorney or the Federal Trade Commission. 13 Article VIII — liKCiisTUATioN of Memheks or the Division Each member of this Diviyioii vvilhiii thirty (oO) dayy after the effective date of this Chaptei', shall register with the Divisional Code Authorit3\ All members of this Division who may eiii>;ay;e in the Cork Insulation Contractors' Division thereafter shall likewise reg- ister with the Divisional Code Authority. Registration of a member of this Division shall include the full name and mailing address of the member. An application may be made by the Divisional Code Authority to the National Industrial Recovery Board for an exten- sion of the time limit for the registration by any member of this Division if it appears that the time limit as provided herein might cause injustice or undue hardship to any member of this Division. Article IX — Review of Act of Divisional Code Authority If the National Industrial Recovery Board shall at any time de- termine that any action of the Divisional Code Authority or any agency thereof may be unfair or unjust or contrary to the public interest, the National Industrial Recovery Board may require that such action be suspended to afford an opportunity for investigation of the merits of such action, and further consideration by the Divi- sional Code Authority or its agency pending final action which shall not be effective unless the National Industrial Recovery Board ap- proves or unless it shall fail to disapprove after thirty (30) days' notice to it of the intention to proceed with such action in its original or modified form. Article X — Modifications Subject to the provisions of Section 2, (c) of Article IV, B, of Chapter I of this Code, the provisions of this Chapter except as to provisions 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 National Industrial Recovery Board, and such notice and hearing as it shall specify, and to become effec- tive on its approval. Article XI — Effective Date This Chapter shall become effective within this Division on the tenth (10th) day after the approval of this Chapter pursuant to the provisions of the Act. Approved Code No. 244 — Supplement No. 21. Registry No. 308-02. O UNIVERSITY OF FLORIDA 3 1262 08585 2662