UNIVERSITY OF FLORIDA 
 
 3 1262 08482 9588 lement No. 5 
 
 tS 
 
 Registry No. 1043—01 
 
 NATIONAL RECOVERY ADMINISTRATION 
 
 SUPPLEMENTARY 
 CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 TILE CONTRACTING INDUSTRY 
 
 (A Division of the Construction Industry) 
 AS APPROVED ON APRIL 2, 1934 
 
 WE DO OUR PART 
 
 UNITED STATES 
 
 GOVERNMENT PRINTING OFFICE 
 
 WASHINGTON: 1934 
 
 For sale by the Superintendent of Documents, Washington, D.C. -------- Price 5 cents 
 
This publication is for sale by the Superintendent of Documents, Government 
 Printing Office, Washington, D.C., and by district offices of the Bureau of 
 Foreign and Domestic Commerce. 
 
 DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 
 
 Atlanta, Ga. : 504 Post Office Building. 
 Birmingham, Ala. : 257 Federal Building. 
 Boston, Mass. : 1S01 Customhouse. 
 Buffalo, N.Y. : Chamber of Commerce Building. 
 Charleston, S.C. : Chamber of Commerce Building. 
 Chicago, 111. : Suite 1706, 201 North Wells Street. ' 
 Cleveland, Ohio : Chamber of Commerce. 
 Dallas, Tex.: Chamber of Commerce Building. 
 Detroit, Mich. : 801 First National Bank Building. 
 Houston, Tex. : Chamber of Commerce Building. 
 Indianapolis, Ind. : Chamber of Commerce Building. 
 Jacksonville, Fla. : Chamber of Commerce Building. 
 Kansas City, Mo. : 1028 Baltimore Avenue. 
 Los Angeles, Calif. : 1163 South Broadway. 
 Louisville, Ky. : 408 Federal Building. 
 Memphis, Tenn. : 229 Federal Building. 
 Minneapolis, Minn. : 213 Federal Building. 
 New Orleans, La. : Room 225-A, Customhouse. 
 New York, N.Y. : 734 Customhouse. 
 Norfolk, Va. : 406 East Plume Street. 
 Philadelphia, Pa. : 422 Commercial Trust Building. 
 Pittsburgh, Pa. : Chamber of Commerce Building. 
 Portland, Oreg. : 215 New Post Office Building. 
 St. Louis, Mo. : 506 Olive Street. 
 San Francisco, Calif. : 310 Customhouse. 
 Seattle, Wash. : 809 Federal Office Building. 
 
Approved Code No. 244 — Supplement No. 5 
 SUPPLEMENTARY CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 TILE CONTRACTING INDUSTRY 
 
 As Approved on April 2, 1934 
 
 ORDER 
 
 Supplementary Code of Fair Competition for the Tile 
 Contracting 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 Chapter IX of said 
 Code, which Chapter IX is applicable to the Tile Contracting Divi- 
 sion of the Construction Industry, and hearings 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 hereby incorporate by reference said an- 
 nexed 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 Chap- 
 ter IX 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 said Chapter IX. 
 
 Hugh S. Johnson, 
 Administrator for Industrial Recovery. 
 
 Approval recommended : 
 
 Geo. L. Berry, 
 
 Div isio n A dmin ist rat or. 
 
 Washington, D.C., 
 
 April 2, 193Jp. 
 
 50404° 482-6 34 (1) 
 
REPORT TO THE PRESIDENT 
 
 The President, 
 
 The White House. 
 
 Sir : This is a report on the Tile Contracting 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 October 9, 1933, in accordance with the provisions 
 of the National Industrial Recovery Act. This Chapter amplifies 
 Chapter I, but applies specifically to the Tile Contracting Division 
 of the Construction Industry. 
 
 PROVISIONS FOR HOURS AND WAGES 
 
 With very minor exceptions, the hours and wages set forth in 
 Chapter I of the Construction Code as approved by you on Janu- 
 ary 31, 1934 are applicable to this Code. 
 
 ECONOMIC EFFECT OF THE CODE 
 
 According to the statistical analysis of the Division of Research 
 and Planning, the contract volume of the sponsors of this Chapter 
 decreased from approximately $15,000,000 in 1929 to $3,000,000 for 
 the first six months of 1933. Employment has fallen from 19,420 
 in 1929 to 3,700 in 1933. 
 
 It is reasonable to predict that the establishment of uniform rates 
 of pay and hours of work and the prohibition of unfair trade prac- 
 tices will be beneficial to this Industry as well as to the employees 
 and the consumer. 
 
 FINDINGS 
 
 The Deputy Administrator in his final report to me on said Tile 
 Contracting 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; 
 
 I find that: 
 
 (a) Said Tile Contracting Chapter and said Code of Fair Com- 
 petition for the Construction Industry, as supplemented by said Tile 
 Contracting Chapter, are well designed to promote the policies and 
 purposes of Title I of the National Industrial Recovery Act, includ- 
 ing removal of obstructions to the free flow of interstate and for- 
 eign 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, 
 
 (2) 
 
by eliminating unfair competitive practices, by promoting the fullest 
 possible utilization of the present productive capacity of indus- 
 tries, by avoiding undue restriction of production (except as may be 
 temporarily required), by increasing the consumption of industrial 
 and agricultural products through increasing purchasing power, by 
 reducing and relieving unemployment, by improving standards of 
 labor, and by otherwise rehabilitating industry. 
 
 (b) Said Industry normally employs not more than 50,000 em- 
 ployees; and is not classified by me as a major industry. 
 
 (c) Said Tile Contracting Chapter and the Code of Fair Compe- 
 tition for the Construction Industry, as supplemented by said Tile 
 Contracting Chapter, as approved comply in all respects with the 
 pertinent provisions of said Title of said Act, including without lim- 
 itation Subsection (a) of Section 3, Subsection (a) of Section 7, and 
 Subsection (b) of Section 10 thereof; and that the applicant asso- 
 ciation is an industrial association truly representative of the afore- 
 said Industry; and that said Association imposes no inequitable 
 restrictions on admission to membership therein. 
 
 (d) Said Tile Contracting Chapter and the Code of Fair Com- 
 petition for the Construction Industry, as supplemented by said Tile 
 Contracting Chapter are not designed to and will not permit monop- 
 olies or monopolistic practices. 
 
 (e) Said Tile Contracting Chapter and the Code of Fair Com- 
 petition for the Construction Industry, as supplemented by said 
 Tile Contracting 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 
 Tile Contracting Chapter and of said Code, as supplemented by this 
 Tile Contracting Chapter thereof. 
 
 For these reasons, therefore, I have approved said Tile Contract- 
 ing Chapter of the Code of Fair Competition of the Construction 
 Industry. 
 
 Kespectfulty, 
 
 Hugh S. Johnson, 
 
 A dmin 1st rat or. 
 April 2, 1934. 
 
Chapter IX 
 
 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 
 THE TILE CONTRACTING DIVISION OF THE CON- 
 STRUCTION INDUSTRY 
 
 Article I — Definitions 
 
 Section 1. The term " Tile Contracting Division of the Construc- 
 tion Industry " or " this Division " as used herein means the con- 
 tracting for the installation of tiles, mantels, and accessories. 
 
 Section 2. The term " tile " as used herein includes all kinds of 
 glazed or unglazed products used for floor and wall surfacing which 
 are made exclusively from clay and/or other ceramic materials and 
 are burned in the course of manufacture and which in the case of 
 glazed tile are composed of ceramic body and ceramic glaze. 
 
 Section 3. The word " accessories " means items set in conjunc- 
 tion with the tile work, such as soap dishes, grab rails, tumbler 
 holders, shelf brackets, tooth brush holders, sponge holders, paper 
 holders, towel bars, door stops, hooks, and such related articles in 
 various colors, styles, and combinations. 
 
 Section 4. The term " member of the Code " includes any member 
 of this Division who shall expressly signify assent to this Code as it 
 pertains to this Division. 
 
 Section 5. The term "Association " means the " Tile and Mantel 
 Contractors' Association of America, Inc." 
 
 Article II — Hours, Wages and Conditions of Employment 
 
 Section 1. The provisions of Section 2 B of Article III of Chapter 
 I shall not apply to: 
 
 (a) Employees engaged in professional, executive, or supervisory 
 capacity receiving more than thirty-five dollars ($35.00) a week. 
 Supervisors are defined as those who perform no manual labor. 
 
 (b) Employees engaged in emergency work involving breakdowns 
 or protection of life or property who shall be paid at the overtime 
 rate of at least one and one-half (IV2) the normal rate for all hours 
 worked in excess of the daily and/or weekly maximum. 
 
 (c) Watchmen, who shall not 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. 
 
 Section 2. Payment of Wages. — All employers shall make pay- 
 ment of all wages due in lawful currency or by negotiable check 
 therefore payable on demand at par. Wages shall be payable at the 
 end of each weekly period. Wages shall be exempt from any pay- 
 ment for pensions, insurance, or sick benefits other than those vol- 
 untarily paid by employees. Employers or their agents shall not 
 accept, directly or indirectly, rebates on such wages or give anything 
 
 (4) 
 
of value or extend any favors to any person for the purpose of 
 influencing rates of wages or working conditions of their employees. 
 
 The provisions of this Section regarding payment of wages at the 
 end of each weekly period shall not apply to persons employed in 
 a managerial or executive capacity who earn not less than thirty- 
 five dollars ($35.00) per week, nor to any persons employed in 
 clerical or office work, who shall be paid at least semi-monthly. 
 
 Section 3. Posting. — All employers shall keep complete copies of 
 this Code and " Chapter I, General Provisions " posted in conspicu- 
 ous places easily accessible to all employees. 
 
 Section 4. Complaint. — No employee shall be dismissed by reason 
 of making a complaint or giving evidence with respect to an alleged 
 violation of this Code. 
 
 Section 5. Safety and Health. — Every 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 Administrator for approval within six (6) months after the 
 effective date of this Code. 
 
 Section 6. No employee now employed at rates in excess of the 
 minimum herein established shall be discharged and reemployed at 
 a lower rate for the purpose of evading the provisions of this Code. 
 
 Article III — Administration 
 
 Section 1. Administrative Agency. — To effectuate the purposes 
 of this Code and provide for its administration within this Division, 
 there shall be established a Divisional Code Authority, seven mem- 
 bers of which shall be appointed by the Executive Committee of the 
 Association from the membership of the Association, together with 
 not more than three additional members to be appointed by the Ad- 
 ministrator from members of this Division who are not members 
 of the Association to represent such members. All members of the 
 Divisional Code Authority must comply with the provisions of Sec- 
 tion 4 of this Article. The Administrator may request from the 
 Association a list of members of this Division who are non-members 
 of the Association, eligible for appointment to the Divisional Code 
 Authority. 
 
 Section 2. All members of the Divisional Code Authority shall be 
 appointed within fifteen (15) days after the effective date of this 
 Chapter for a term of one (1) year from such effective date, pro- 
 vided that, in the event the Code is continued beyond the limits now 
 established by law, such terms may be readjusted to insure overlap- 
 ping tenures, in a manner to be approved by the Administrator. In 
 case a vacancy occurs in the Divisional Code Authority, such vacancy 
 shall be filled within thirty (30) days, by the method provided in 
 Section 1, except that the successors to representatives of the mem- 
 bers of this Division who are not members of the Association shall be 
 selected by such members, if such successors and the method of their 
 selection are approved by the Administrator. 
 
 Section 3. The Administrative members and the Administrator 
 shall be given five (5) days' notice of, and may sit at, all meetings 
 of the Divisional Code Authority. 
 
Section 4. Members of the Division shall be entitled to participate 
 in and share the benefits of the activities of the Divisional Code 
 Authority and to participate in the selection of the members thereof 
 by assenting to and complying with the requirements of this Code 
 and sustaining their reasonable share of the expenses of its admin- 
 istration. Such reasonable share of the expenses of administration 
 shall be determined by the Divisional Code Authority, subject 
 to review by the Administrator, on the basis of volume of busi- 
 ness and/or such other factors as may be deemed equitable. 
 
 Section 5. Powers and Duties. — The Divisional Code Authority, 
 in addition to the powers and duties conferred on it by Chapter I 
 hereof, shall have the following powers and duties to the extent 
 permitted by the Act : 
 
 (a) To establish specifications for minimum standards of work, 
 with the approval of the Administrator and after such notice and 
 hearing as he may prescribe, such standards to be designed to safe- 
 guard and insure the health, safety and comfort of the occupants 
 of homes and other structures. 
 
 (b) To establish a standard contract form for use within this Divi- 
 sion, such form to be approved by the Administrator after such notice 
 and hearing as he may prescribe. 
 
 (c) To cooperate with the Administrator in regulating the use of 
 any N.R.A. insignia solely by those of this Division who have assented 
 to, and are complying with, this Code. 
 
 (d) To recommend to the Administrator further fair trade prac- 
 tice provisions to govern members of this Division in their relations 
 with each other or with other industries and to recommend to the 
 Administrator measures for industrial planning, including stabiliza- 
 tion of employment. 
 
 (e) To cause to be formulated an accounting system and methods 
 of cost finding and/or estimating capable of use by all members of 
 this Division. After such system and methods have been formulated 
 by the Divisional Code Authority and approved by the Adminis- 
 trator, full details concerning them shall be made available to all 
 members. Thereafter all members shall determine and/or estimate 
 costs in accordance with the principles of such methods. 
 
 Section 6. If the Administrator shall determine that any action 
 of the Divisional Code Authority or any agency thereof may be 
 unfair or unjust or contrary to the public interest, the Adminis- 
 trator may require that such action be suspended to afford an oppor- 
 tunity for investigation of the merits ot 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 intention to proceed with such action in its original 
 or modified form. 
 
 Article IV — Trade Practice Rules 
 
 For the protection of the public, a member of this Division should 
 have the following qualifications: 
 
 (a) be generally qualified by his technical training or experience 
 in the Industry to direct properly the installation, altering, or repair- 
 ing of tile, mantels, and accessories ; 
 
(b) be an employer of tile setters and helpers; 
 
 (c) have an established place of business and maintain a proper 
 set of books and records incidental to the conduct of a tile con- 
 tracting business; 
 
 (d) be financially able to operate his business properly. 
 General Definition. — For all purposes of the Code the following 
 
 acts described in this Article shall constitute unfair practices. Any 
 member of the Division who shall directly or indirectly, through any 
 officer, employee, agent, or representative, knowingly use, employ, 
 or permit to be employed any of such unfair practices shall be guilty 
 of a violation of the Code. 
 
 Rule 1. Selling Below Cost. — No member of this Division shall 
 quote, sell or offer to sell any product, installation or other service 
 within this Division at less than his individual cost thereof (cost 
 for the purposes of this Rule to be determined pursuant to the cost 
 finding and/or estimating methods provided for in Section 5 (e) 
 of Article III); provided, however, that cost for the purposes of 
 this Rule shall not include items of depreciation on unused facilities, 
 interest on indebtedness, interest on investment, or selling expense. 
 
 Rule 2. Adequate Records. — No member of this Division shall 
 submit an estimate price on any job or submit a bill for his services 
 without retaining an adequate record showing the cost analysis upon 
 which his estimate was based or his charges determined. 
 
 Rule 3. Substitution. — No member of this Division shall use or 
 substitute any products of this Division inferior in grade or quality 
 less in quantity, and/or of a different design or type, for those speci- 
 fied by the purchasers, without the consent of the purchasers to such 
 uses of substitutions. 
 
 Rule 4. Secret Rebates.— No member of this Division shall offer or 
 make any secret or discriminatory payment or allowance of a rebate, 
 refund, commission, credit, unearned discount, or excess allowance, 
 whether in the from of money or otherwise; nor shall a member of 
 this Division offer or extend to any customer any secret or discrimi- 
 natory service or privilege for the purpose of influencing a sale or 
 contract. 
 
 Rule 5. Prop-sharing Combinations.— Members of this Division 
 have been suffering from cooperative profit-sharing combinations 
 who do not employ any skilled mechanics and work without any 
 restriction as to number of hours of labor or the amount of wages. 
 No member of this Division, whether individually or in combination 
 with other members of this Division, shall work with tools except 
 in compliance with the maximum hours herein provided, and any 
 such member or combination shall comply with all applicable pro- 
 visions of this Code including the provisions of Rule 1 and Rule 2 
 of this Article. 
 
 Rule 6. Interference with Contracts.— No member of this Division 
 shall induce or attempt to induce the breach of an existing contract 
 between a competitor and his customer or source of supply ; nor shall 
 any such member interfere with or obstruct the performance of such 
 contractual duties or services. 
 
 Rule 7. Subletting Labor Services.— No member of this Division 
 shall 1 directly or indirectly sublet to any employee or laborer the 
 labor services required by any contract secured by such member 
 
8 
 
 Rule 8. Quotations and Bids. — (a) No member of this Division 
 shall combine quotations for ai^ product or service within this Divi- 
 sion with any quotation for any other product or service, for the 
 purpose or with the effect of concealing the true selling price of the 
 product or service within this Division. 
 
 (b) No member of this Division shall combine the requirements for 
 the products of this Division for two or more distinct and sepa- 
 rate projects in one quotation to the same purchaser for the purpose 
 and with the effect of concealing the true selling price for the prod- 
 ucts for each or all of such projects. Under this Section a project 
 shall be considered distinct and separate from another project unless 
 constructed on the same site and the awarding authority including 
 the owner and his agents (including the architect and the mechanical 
 engineer) are the same entities. 
 
 (c) 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 authority 
 as therein defined, unless such owner or other person agrees to com- 
 ply with the regulations provided therein governing an awarding 
 authority. 
 
 Rule 9. Selling of Tile Unset. — No members of this Division shall 
 contract for the sale of tile, mantels, or accessories unset. 
 
 Article V — Filing of Bids 
 
 Each member of this Division shall file with the Divisional Code 
 Authority, or such other agency as the Divisional Code Authority 
 may designate, a signed true copy of all bids, including all alternates 
 and revisions thereto submitted in connection with all competitive 
 bidding, together with a list of all prospective customers or others 
 to whom such bids have been, or are, submitted. Such copies of 
 bids shall not be opened by the Divisional Code Authority until 
 twenty-four (24) hours after the time specified by the awarding 
 authority for the receipt and opening of such bids. Within forty- 
 eight (48) hours after such opening, the Divisional Code Authority, 
 or its designated agency, shall prepare a list of the names and 
 addresses of all bidders for each specific project, indicating the 
 amounts of all bids, alternates, and modifications, together with a 
 summary of all exceptions, and forward a copy of such list to each 
 member of this Division filing his bids. 
 
 Article VI — Modification 
 
 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 Administrator and such notice and 
 hearing as he shall specify, and to become effective on his approval. 
 
 Article VII — Reference to Provisions of Chapter I 
 
 The provisions of Sections 7 (a) and 10 (b) of the Act, which 
 are set forth in Sections 1 and 6 respectively of Article VIII of 
 
Chapter I of this Code, are specifically incorporated herein by refer- 
 ence with the same force and effect as if set forth herein in full; 
 all other provisions of Chapter I of this Code, except as herein 
 provided, apply within this Division t with the same force and effect 
 as if set forth herein in full. 
 
 Article VIII — Effective Date 
 
 This Chapter shall become effective within this Division on the 
 tenth (10th) day after its approval by the President. 
 
 Approved Code No. 244, Supplement No. 5. 
 Registry No. 1043-01. 
 
 O