Approved Code No. 244A — Subdivision No. 2 Registry No. 1616—140 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE INDUSTRY (A Subdivision of the General Contractors Division of the Construction Industry) AS APPROVED ON APRIL 29, 1935 BY PRESIDENT ROOSEVELT E DO OUR PART UNITED STATES ERNMENT PRINTING OFFICE WASHINGTON: 1935 For sale by the Supe r iivtendent 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 the following N. It. A. offices : Atlanta, Ga. : 625 Citizens & Southern National Bank Building, Baltimore, Mil. : 130 Customhouse. Birmingham, Ala.: 201 Liberty National Life Building. Boston, Mass. : Room 1200, SO Federal Street. Buffalo, N. Y. : 219 White Building. Chicago, 113. : Room 204, 400 North Michigan Avenue. Cleveland, Ohio : 520 Bulkley Building. Dallas, Tex.: 1212 Republic Bank Building. 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Approved Code No. 244 A — Subdivision No. 2 SUPPLEMENTARY CODE OF FAIR COMPETITION FOE THE HEAVY CONSTRUCTION AND RAILROAD CONTRACTORS INDUSTRY As Approved on April 29, 1935 BY PRESIDENT ROOSEVELT EXECUTIVE ORDER Supplementary Code of Fair Competition for the Heavy Con- struction and Railroad Contractors Industry A subdivision oe the general contractors division op the construc- tion 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, approved January 31, 1934, and pursuant to and in full compliance with the provisions of Section 2 of Article I of Chapter II, approved February 17, 1934, of the Code of Fair Competition for the Construction Industry, for approval of Subchapter II-B of Chapter II of said Code, which Subchapter is applicable to the Heavy Construction and Railroad Contractors Subdivision of the General Contractors Division of the Construction Industry, and hearings having been held thereon, and the National Industrial Re- covery Board having rendered its report containing an analysis of said Subchapter II-B and of said Code of Fair Competition as amended by the addition thereto of said Subchapter II-B, together with its recommendations and findings with respect (hereto, and the National Industrial Recovery Board having found that the said Subchapter II-B and the said Code of Fair Competition, as amended by the addition thereto of said Subchapter II-B, complies in all respects with the pertinent provisions of Title I' of said Act, and that the requirements of clauses (1) and (2) of subjection (a) of Section 3 of the said Act have been met: 132665°— 1S44-2 35 (1) NOW, THEREFORE, I, Franklin D. Roosevelt, President of the United States, pursuant to the authority vested in me by Title I of the National Industrial Recovery Act, approved June 16, 1933, and otherwise, do adopt and approve the report, recommendations, and findings of the National Industrial Recovery Board and do order that the said Subchapter II-B be and it is hereby approved, and that the previous approval of said Code of Fair Competition for the Construction Industry is hereby amended to include an ap- proval of said Code in its entirety as supplemented by said Subchapter II-B: PROVIDED, HOWEVER, that the operation of Section 6, Mu- tual Agreements, of Article III, may be reviewed by the National Industrial Recovery Board within sixty (60) days after the effec- tive date of this Subchapter II-B and if upon a finding that the said Section 6 unfairly interferes in any respect, with the process or freedom of collective bargaining, said Section 6 be immediately stayed pending my further order. FRANKLIN D. ROOSEVELT. Approval recommended : National Industrial Recovery Board, ByL. C. Marshall, Executive Secretary. The White House, April 29, 1935. LETTER OF TRANSMITTAL The President, The White House. Sir: This is a report on the Heavy Construction and Railroad Contracting Subdivision, Subchapter IJ-B of the General Contrac- tors Division, described as Chapter II and approved by you on February 17, 1934, of the Code of Fair Competition for the Con- struction Industry. This Subchapter as submitted by the Associated General Contractors of America, Inc., has been revised subsequent to public hearing conducted in Washington on May 21, 1934, in accordance with the provisions of the National Industrial Recovery Act. THE INDUSTRY The Industry, as defined in the proposed Subchapter II-B, in- cludes the work of a general contractor who by formal contract or otherwise directs and/or superintends and/or coordinates, and/or executes substantially in its entirety the work of constructing some forty-two specified types of construction projects and operations and excluding only building construction, highway construction, and projects constructed principally by means of marine plant. Work- men under two hundred classifications are employed at work which may be generally classified as skilled, semi-skilled, and unskilled. PROVISIONS FOR HOURS AND WAGES The limitations as to hours of employment provided in Subdivi- sion B of Section 2 of Article III of Chapter I, apply to members of this Subdivision with the following exceptions: (a) Watchmen, who .shall not be permitted to work in excess of fifty-six (56) hours in any one (1) week, except there shall be no limitation upon the hours of watchmen when housed on the work, provided, however, that no watchmen shall be permitted to work more than six (6) days in any one (1) week. (b) Job and/or field clerks and camp and quarter-boat service employees, who shall not be limited as to hours, but shall not be permitted to work in excess of six (6) days per week. (c) Employees engaged in supervisory work receiving less than thirty-five dollars ($35.00) per week, who shall not be permitted to work in excess of the maximum hours prescribed for the employees supervised, plus a tolerance of fifteen (15) per cent. The wage provisions of the approved Basic Code for the Construc- tion Industry apply to members of this Subdivision. Additional provisions governing methods of payment of wages, deductions, and regulations for members performing manual work, reclassification of employees, safety and health measures and provision for submission of mutual agreements for arriving at wages above the minimum are contained in this Subchapter. (3) ECONOMIC EFFECT OF THE CODE Statistics prepared by the Research and Planning Division indicate the following fluctuations in work contracted for in this Subdivision : 1929, $663,937,000; 1930, $1,150,952,300; 1931, $692,537,000; 1932, $283,318,900 and 1933, $373,580,500. The actual work done per year varies somewhat less than these figures indicate. Estimates of the amount of heavy construction performed by general contractors vary from 60 to 80 percent of the total. It is impossible to calculate the number of persons employed in this branch of construction. It is estimated that there were, in 1929, 211,000 man-years of employment which declined in 1932 to about 89,700, rising to some 118,200 in 1933. The forty cent minimum rate established in Chapter I of the Construction Code is estimated to affect about sixty percent of the workers in this Subdivision, and it is estimated to increase hourly wage rates from five to forty percent for unskilled work in different localities. The increasing efficiency of mechanical equipment in construction work and the corresponding increase in labor efficiency has displaced so many employees that it is difficult to estimate the effect of the hours provisions of the construction code in this Subdivision. Equip- ment charges represent approximately 23.8 percent of the total value of construction performed, while labor charges represent 28.0 per- cent, material and supplies involved 29.9 percent, and general over- head and profit 17.7 percent. It will be noted that the general purpose of a Code for this Sub- division is to facilitate the administration of the Basic Code of Fair Competition for the Construction Industry. The Deputy Administrator in his final report to the National In- dustrial Recovery Board on said Heavy Construction and Railroad Contractors Subchapter of the General Contractors 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 : The Board finds that : (a) Said Heavy Construction and Railroad Contractors Subchap- ter of the General Contractors Chapter of the Code of Fair Compe- tition for the Construction Industry is well designed to promote, the policies and purposes of Title I of the National Industrial Recovery Act, including removal of obstructions to the free flow of interstate and foreign commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organiza- tion 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 full- est 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 Heavy Construction and Railroad Contractors Subchap- ter of the General Contractors Chapter of the Code of Fair Com- petition for the Construction Industry complies in all respects with the pertinent provisions of said Title of said Act, including without limitation subsection (a) of section 3, subsection (a) of Section 7, and subsection (b) of Section 10 thereof; and that the applicant as- sociation is an industrial association truly representative of the afore- said Industry; and that said association imposes no inequitable re- strictions on admission to membership therein. (c) Said Heavy Construction and Railroad Contractors Subchap- ter of the General Contractors Chapter of the Code of Fair Compe- tition for the Construction Industry is not designed to and will not permit monopolies or monopolistic practices. (d) Said Heavy Construction and Railroad Contractors Subchap- ter of the General Contractors Chapter of the Code of Fair Com- petition for the Construction Industry is not designed to and will not eliminate or oppress small enterprises and will not operate to discriminate against them. (e) Those engaged in other steps of the economic process have not been deprived of the right to be heard prior to approval of said Heavy Construction and Railroad Contractors Subchapter of the General Contractors Chapter of the Code of Fair Competition for the Construction Industry. For these reasons, therefore, the National Industrial Recovery Board recommends approval of said Heavy Construction and Rail- road Contractors Subchapter of the General Contractors Chapter of the Code of Fair Competition for the Construction Industry; with the proviso contained in the Executive Order for further review and possible stay of Section 6 of Article III, which pertains to Mutual Agreements. For the National Industrial Recovery Board : L. C. Marshall, Executive Secretary. April 27. 1935. Sub-Chapter II-B SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE HEAVY CONSTRUCTION AND RAILROAD CON- TRACTORS INDUSTRY A SUBDIVISION OF THE GENERAL, CONTRACTORS DIVISION OF THE CONSTRUC- TION INDUSTRY Article I — Application The provisions of this Chapter shall apply to the Heavy Construc- tion and Railroad Contractors Subdivision of the General Contrac- tors Division of the Construction Industry (as denned herein) excluding operations therein undertaken before the effective date hereof. Article II — Definitions Section 1. Heavy Construction mul Railroad Contractor. — The term " Heavy Construction and Railroad Contractor " or " member of this Subdivision " as used herein is hereby defined to mean a General Contractor as defined in Section 1, Article I, Chapter II of the Code of Fair Competition for the Construction Industry, and includes without limitation, any individual, partnership, association, trust, trustee, trustee in bankruptcy, receiver, corporation or agency which undertakes, whether by formal contract or otherwise to direct, superintend, coordinate or execute, directly or through others, the work of constructing, substantially in its entirety, any fixed struc- ture and other improvements, or modification thereof or an addition or repair thereto, including any structure or operation which is an incidental part of a contract therefor, including without limita- tion, except as specified hereinafter, heavy construction and railroad projects, such as railroad construction projects, heavy construction and railroad bridges, heavy construction sewers and watermains, grade separations involving a railroad, foundations, pile driving, piers, abutments, retaining walls, viaducts, tunnels, subways, track elevation, elevated highways, drainage projects, sanitation projects, aqueducts, irrigation projects, flood control projects, reclamation projects, reservoirs, water supply projects, water power development, hydroelectric development, transmission lines, pipelines, locks, dams, dikes, levees, revetments, channels, channel cut-offs, intakes, dredg- ing projects, jetties, break-waters, docks, harbors, industrial sites (excluding paving operations), excavation and disposal by contract of overburden and the loading by contract of all materials from which the overburden has been removed; including the operation, maintenance and repair of all land and floating plant equipment, vehicles, and other facilities used in connection with and serving the (6) aforementioned work and services; and excluding only buildings as defined in Chapter II-A, and Highway Construction as denned in Chapter II-C, and excluding the following operations with re- spect to new projects, maintenance projects or improvement projects (including the use and operation of tugs and launches employed as tenders in connection therewith), namely, dredging, submarine rock removal, land reclamation by dredging, marine and subaqueous work in rivers, harbors and waterways, when done principally by marine plant and the crews thereof. Section 2. The term " Heavy Construction and Railroad Con- tractors' Subdivision " or " this Subdivision " as used herein shall include the work above described when performed by a Heavy Con- struction and Railroad Contractor as defined herein. Section 3. Divisional Code Authority.— The term " Divisional Code Authority " for the purposes of this Chapter shall mean the Code Authority established under Section 1 of Sub-division A of Article II of Chapter II for the General Contractors Division of the Construction Industry. Section 4. Classification. — Any operations within the definition of Article II of Chapter I of this Code, which are not provided for in any approved Divisional or Subdivisional Chapter of this Code (including Chapters and Sub-Chapters subsequently approved when effective) shall, when performed by a member of this Subdivision with his own forces be included in and be a part of the activities of this Subdivision. Nothing herein shall be construed as limiting the provisions of Chapter I, Article IV A, Section 2 (f) as amended. This is without prejudice as to any rights of members of this Sub- division in connection with any Chapter or Sub-chapter of this Gode now or hereafter approved. Section 5. Subcontractor. — (a) The term " Subcontractor " as used herein shall mean anyone other than an employee who enters into a contract for the performance of any work of this Subdivision with a Heavy Construction and Railroad Contractor who has al- ready contracted or otherwise arranged for its performance. (b) A Subcontractor undertaking to perform any of the functions or any part of the functions of a Heavy Construction and Railroad Contractor as herein defined shall be construed as a Heavy Construc- tion and Railroad Contractor and be subject to all of the provisions of this Code. However, nothing herein shall be construed as exempt- ing such Subcontractor from complying with the more stringent requirements of another Chapter or Subchapter of this Code to which he may he subject. Section 6. Association. — The term "Association" as used herein shall mean the Associated General Contractors of America. Section 7. This Code. — The term " this Code " for the purposes of this Subchapter means and includes Chapter I, Chapter II, and Chapter II-B of the Code of Fair Competition for the Construction Industry. Chapter I and II shall apply except as herein specifically provided. In their application herein the provisions of Chapter II shall prevail over conflicting provisions of Chapter I and the pro- visions of Chapter II-B shall prevail over conflicting provisions of Chapter I and Chapter II. Article III — Hours, Wages and Conditions of Employment Section 1. Hours. — The limitations as to hours of employment provided in Subdivision B of Section 2 of Article III of Chapter I of this Code shall not apply to the following: (a) Watchmen, who shall not be permitted to work in excess of fifty-six (56) hours in any one (1) week, except there shall be no limitation upon the hours of watchmen when housed on the work, provided, however, that no watchmen shall be permitted to work more than six (6) days in any one (1) week. (b) Job and/or field clerks and camp and quarterboat service employees, who shall not be limited as to hours, but shall not be permitted to work in excess of six (0) days per week. (c) Employees engaged in supervisory Avork receiving less than thirty-five dollars ($85.00) per week, who shall not be permitted to work in excess of the maximum hours prescribed for the employees supervised, plus a tolerance of fifteen (15) per cent. (d) This Section does not restrict the exemptions as to hours of employment conferred in Subsections 3 (a), 3 (b), and 3 (c) of Subdivision B of Section 2 of Article III of Chapter I of this Code, except that Subsection 3 (a) herein described shall not apply to supervisory empkryees earning less than thirty-five dollars ($35.00) per week. Section 2. Wages. — The minimum wages to be paid to employees working the hours permitted by Paragraphs (a), (b), and (c) of Section 1 hereof, for the hours worked, shall be not less than the hourly rate prescribed in the first paragraph of Subdivision A of Section 2 of Article III of Chapter I of this Code. Section 3. Payment of Wages. — All members of this Subdivision shall make payment of all wages due in lawful currency or by negotiable check therefore, payable on demand at par. If wages are paid by check, the employer shall provide reasonably accessible facilities for cashing checks at face value without expense to the employee. Employers shall also provide such identification as is necessary to utilize such facilities. Section 4. Time of Payment and Deductions. — Except as other- wise provided in Section 2 hereof, wages shall be due and payable at least semimonthly. Wages shall be exempt from any payment for pensions, insurance or sick benefits except such as is voluntarily paid or required by law. Employers or their agents shall not accept, directly or indirectly, rebates on such wages or give anything of value or extend any favors to any person for the purpose of influenc- ing rates of wages or working conditions of their employees. Section 5. General. — (a) Members performing manual work. — To the extent permitted by the Act members of this Subdivision when personally performing manual work or engaged in mechanical operations shall not when so performing or so engaged exceed the maxima as to hours and days herein provided for employees doing the same work. (b) Evasion. — No employee now employed at a wage rate in excess of the minimum shall be reclassified or discharged and re- employed at a lower wage rate for the purpose of evading the provisions of this Code. (c) Dismissal for complaints. — No employee shall be dismissed or demoted by reason of making a complaint or giving evidence with respect to an alleged violation of this Code. (d) Handicapped persons. — A person whose earning capacity is limited because of age or physical or mental handicap or other infirmity may be employed on light work at a wage below the mini- mum established by this Code if the employer 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 certificates. Each employer shall file monthly with the Administrative Committee a list of all such per- sons employed by him within this Subdivision, showing the wages paid to and the maximum hours of work for each such employee. (e) Safety and Health. — Each member of this Subdivision 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, including minimum standards, for sanitation, construction, size, operation and food, for labor camps, shall be developed by a Committee composed of three members of this Subdivision to be appointed by the Administrative Committee and financed by funds available to it and submitted to the National Industrial Recovery Board by the Administrative Committee for ap- proval within three (3) months after the effective date of this Sub- chapter. After approval, such standards shall become the minimum standards of safety and health for all members of this Subdivision and shall thereafter be a part of this Code and enforceable as such. Where State laws provide more stringent restrictions, such laws shall be observed. (f) Posting. — On and after the effective date of this Code all employers shall post and keep posted in conspicuous places accessible to all employees, official copies of all provisions of this Code which affect hours of employment, rates of pay and all other labor provisions. Section 6. Mutual Agreements. — Any association or group of members of this Subdivision proposing to establish an agreement with their employees with respect to hours of labor, rates of pay, or other conditions of employment governing the performance of work in this Subdivision, under and pursuant to Section 1, Article III, of Chapter I of this Code or the Act, shall send to the Divisional Code Authority at the time notice of hearing is published or sent to the employers to be subject to the agreement and, preliminary to the application for hearing or approval to the National Recovery Administration, an accurate description of the specifically defined region or locality proposed to be embraced by such agreement, the types of operations and occupations to be affected thereby, and in addition thereto the plan for hearing and form for method of notice thereof; and at the time of any application to the National Recovery Administration for hearing thereon or approval thereof shall also send to the Divisional Cocle Authority a copy of the agreement or proposed agreement and application for hearing thereon or approval thereof filed or to be filed with the National Recovery Administra- tion, together with a copy of any report containing supplementary information filed in connection therewith. 10 Any mutual agreement described in Section 1, Article III, Chapter I, as approved by the President, shall contain certain specific- provisions as follows : (a) The terms of this mutual agreement are limited to and bind- ing only upon members of this Subdivision on operations and work in the specifically defined region or locality in which the agreement applies. (b) The terms of this mutual agreement shall not be binding upp,n the employers and employees of any other Division or Subdivision of the Industry. (c) The occupations, types of operations, or employees of this Subdivision affected by this mutual agreement shall not be deemed or construed to be the occupations, types of operations, or employees of any other Subdivision described in Chapter II, and the terms and conditions pertaining to the foregoing in this mutual agreement are to be effective only with reference to the performance within the specifically defined region or locality of the types of operations defined in this agreement. (d) This mutual agreement shall in no way prejudice the right of other subdivisions to establish in the same area or another area mutual agreements of their own making pertaining to occupations, employees and types of operations of other subdivisions described in Chapter II. (e) The terms of this mutual agreement shall exclude any opera- tions undertaken in accordance with bona fide bids made prior to the effective date of this agreement and contracts entered into prior to such effective date. 1 Article IV — Administration Section 1. The Administrative Committee. — An Administrative Committee for the Heavy Construction and Railroad Contractors Subdivision is hereby constituted to administer this Code within this Subdivision. Said Committee, hereinafter referred to as w ' the Administrative Committee", shall consist of fourteen (14) members, all of whom shall be members of this Subdivision. Eight (8) of said members shall be members of the Association and shall be appointed annually by the Divisional Code Authority from such nominations as may be made by the members of the Divisional Code Authority who are Heavy Construction and Railroad Contractors. Each member so appointed shall serve until his successor is ap- pointed, which appointment shall be made in like manner. The six (6) remaining members of the Administrative Committee shall be appointed annually by the Divisional Code Authority from nom- inations made by the members thereof who are Heavy Construction and Railroad Contractors or by the eight (8) Association members of the Administrative Committee, from and to represent members of this Subdivision who are not members of the Association. Any such member shall be approved by the National Industrial Recovery Board before his appointment shall become effective. Each of said six (6) members shall serve until his successor has been selected, 1 See paragraph 3 of order approving this Code. 11 qualified and appointed as above, or has been selected by the non- members of the Association, pursuant to a method of selection satis- factory to and approved by the National Industrial Recovery Board, provided such successor has been approved by the National Indus- trial Recovery Board. If three (3) of said six (G) members shall become members of the Association during the period of their term of office as members of the Administrative Committee, no other of said members of the Administrative Committee, may join the Asso- ciation without being disqualified, from the date upon which he becomes a member of the Association, from further membership in the Administrative Committee as a representative of members of this Subdivision who are not members of the Association. Any member of the Subdivision appointed to the Administrative Com- mittee to represent the members of this Subdivision who are not members of the Association, or selected or appointed successor to any such member of the Administrative Committee, shall be subject to approval by the National Industrial Recovery Board. Section 2. Powers and Duties. — The Administrative Committee shall have, in addition to such powers and duties as are set forth in Section 2 of Subdivision B of Article II of Chapter II and as may be delegated to it by the Divisional Code Authority, the following powere and duties: (a) To establish regions and appoint local committees for the various regions as it deems necessary for the administration of this Code giving due consideration to the scope, character, and territory of the work to be performed. Representative groups of Heavy Con- struction and Railroad Contractors may apply to the Administrative Committee for the establishment of regional areas and may make recommendations as to the number and personnel of the local committee. (b) To establish and/or change the jurisdiction or personnel of any administrative agency established by it for this Subdivision. (c) Its members or its authorized representatives may attend meet- ings of any administrative agency established by it for this Subdi- vision. (d) To require the registration in a manner not inconsistent with any manner prescribed by the Divisional Code Authority of all construction work applicable to this Subdivision and as denned and described in Section 2 (b), Article II-A, Chapter II, in cooperation with the Construction Code Authority and the Divisional Code Authority. (e) To defray expenses in establishing and administering this Code from the equitable apportionment it receives from the Divi- sional Code Authority from the funds derived as authorized in Sec- tion 2 (b), Article II-A, Chapter II. (f) To prescribe rules of fair competitive bidding practices for the members of this Subdivision and such rules, when approved by the Code Authorities of Chapters I and II and the National Indus- trial Recovery Board, shall apply to all members of this Subdivision of the Industry. (g) To prescribe regulations requiring that members of this Sub- division of the Industry shall not submit a competitive bid, as defined in Section 1 (a), Article VII, Chapter I of this Code, to an owner or 12 any other person corresponding to an awarding authority as defined in such Article unless such owner or other person agrees to com- ply with the regulations provided therein governing an awarding authority. (h) Regulations, methods and rules formulated in accordance with the foregoing paragraph (g) shall be filed with the National Indus- trial Recovery Board and shall become effective upon approval by the National Industrial Recovery Board. Failure of the National Industrial Recovery Board to disapprove any such regulation, method or rule within thirty (30) days after receipt thereof shall be deemed approval of such regulation, method or rule as of the date of the expiration of such period. Any such regulations, methods or rules shall be effective upon approval for the period specified therein or until approval is withdrawn by the National Industrial Recovery Board because of inequitable, unfair or unjust operation thereof. Section 3. Regional Administrative Committees or Agencies in the Subdivision . — Regional Committees, agencies or representatives may be vested with and may have such of the powers and duties of the Administrative Committee as it delegates to the Regional Committee, agency or representative for the proper discharge of its functions in the particular region. All rules and regulations of Regional Committees must have the approval of the Administrative Committee and must not be inconsistent with the rules and regula- tions of the Divisional Code Authority. Article V — Authorized Exemptions Whenever any work within the definition contained in Subchapter II-B. Article II, Section 1, is exempted by competent Governmental authority or agencies (whether Federal, State, or political subdivi- sions thereof) acting in accordance with law, from any or all of the provisions of Chapters I and II and Subchapter II-B and/or is being or may be performed by any non-member of the Construction Industry so exempted from, or otherwise not subject to, provisions of this Code, then the same exemptions or exceptions from the same provisions of Chapters I and II and Supchapter II-B shall apply and govern as to any and all members of this Subdivision with ref- erence to such work. Such exemptions or exceptions shall not be construed to permit a member of the Industry to so reduce wages or lengthen hours as to result in wages lower or hours longer than those observed by such non-members of the Industry. Nothing herein shall be construed as waiving the obligation of members of this Subdivision from registering construction work, furnishing statistics, and paying authorized assessments. Article VI — Appeals Section 1. Loc