UNIVERSITY OF FLORIDA 3 1262 08486 7893 / Registry No. 1037—11 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE OHIO-SANDSTONE INDUSTRY AS SUBMITTED ON AUGUST 31, 1933 The Code for the Ohio-Sandstone Industry in its present form merely reflects the proposal of the above-mentioned industry, and none of the provisions contained therein are to be regarded as having received the approval of the National Recovery Administration as applying to this industry UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1933 For sale by the superintendent of Documents, Washington, D.C. --- Price 6 cjnts Digitized by the Internet Archive in 2011 with funding from University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation http://www.archive.org/details/proposedcodeoffa7893unit CODE OF FAIR COMPETITION FOR THE OHIO-SANDSTONE INDUSTRY AUG. 31, 1933 To effectuate the policy or policies of title I of the National Industrial Recovery Act during the period of the emergency, to induce and maintain the united action of all elements of the Ohio- Sandstone Industry under adequate governmental or private sanc- tions and supervisions, to eliminate unfair competitive practices, and to advance the public interest, to reduce and relieve unem- ployment, to improve standards of labor and living and otherwise to rehabilitate the Ohio-Sandstone Industry, the following provisions are established as a Code of Fair Competition. PART ONE 1. Definitions. — The term "Ohio-Sandstone Industry" as used herein is defined to mean the quarrying and fabricating of that silica stone found in the states of Ohio, Kentucky, and West Virginia and used as architectural building stone, curbing, flag stone, and for grave vaults, grindstones, breakwaters, firestone, etc. The term "employees" as used herein shall include all persons employed in the conduct of such operations. The term "persons" as used herein shall include natural persons, partnerships, associations, and corporations. The term "effective date" as used herein is defined to be the seeqnd Monday after the approval of this Code by the President. PART TWO 2. Provisions incorporated from National Industrial Recovery Act. — (a) Employees shall have the right to organize and bargain collec- tively through representatives of their own choosing, and shall be free from interference, 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 bargaining or other mutual aid protection. (b) No employee and no one seeking employment shall be required as a condition of employment to join any Company union or to refrain from joining, organizing, or assisting a labor organization of his own choosing. (c) Employers shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment, approved or prescribed by the President. (d) This Code and all provisions thereof are expressly made subject to the right of the President in accordance with the provisions of Section 10 (b) of the National Industrial Recovery Act from time to time to cancel or modify any order, approval, license, rule, or regulation issued with respect hereto under Title I of said Act. 9121-33 (1) 3. Minimum wages. — On and alter the effective date the minimum wage to be paid persons engaged in this Industry in the State of Ohio shall be thirty-five cents ($.35) per hour. On and after the effective date, the minimum wage to be paid persons engaged in this Industry in the State of Kentucky and in the State of West Virginia shall be thirty cents ($.30) per hour. These restrictions shall not apply to appren- tices, water boys, nor signal boys. On and after the effective date, the minimum wage to be paid accounting, clerical, office (including draftsmen and estimators) or sales employees in this Industry shall be fifteen dollars ($15.00) per week. No employer adhering to this Code shall reduce to the minimum wage authorized herein any workers or class of workers now receiving more than the said minimum wage. 4. Maximum hours. — On and after the effective date, and except as hereinafter provided, no employer in this Industry shall cause or permit any employee to work at an average of more than forty (40) hours per week in any six (6) months' period nor more than forty-eight (48) hours in any one week. On and after the effective date no em- ployer in this Industry shall cause or permit any draftsman or estima- tor to work at an average of more than forty (40) hours per week in any six (6) months' period. For the purpose of this article, the calen- dar year is divided into two periods of six (6) months each beginning, respectively, on February first and August first. After the date of the employment by any employer in this Industry of any employee, such employer shall not knowingly permit such employee who also shall have performed work for one or more other employers to work for such employer such number of hours as would result in violation of the Code had all such work been performed for such employer. This restriction shall not apply to office and supervisory staffs, stationery engineers and firemen, nor to labor used in the maintenance of plant facilities. By "labor used in the maintenance- of plant facili- ties" is meant labor not engaged in production, such as watchmen and repair crews. On and after the effective date, the maximum hours of labor for accounting, clerical, office (excluding draftsmen and estimators) employees (except outside salesmen) in all establishments of this Industry shall be forty (40) hours per week per man. 5. Minimum Age. — -An employer in the Ohio-Sandstone Associa- tion shall not employ any minor under the age of sixteen (16) years or under any greater age specified by law or competent governmental authority. 6. Amendments. — Amendment to this Code may be proposed by any member of the Ohio-Sandstone Association, and when approved by the National Recovery Control Committee shall be submitted to the membership of the Association. When approved by a two-thirds majority of the members present at a meeting called for that purpose after ten (10) days notice of such meeting (stating the purpose of the meeting) has been given by the Secretary such amendment shall be submitted to the President and shall be effective when approved by the President. Any amendment which fails of approval by the National Recovery Control Committee shall be submitted to the Association as herein- before provided after one third of the members of the Association have, by a signed petition, request the Association to consider the amendment. 7. Control Committee. — There shall be a National Recovery Control Committee to be composed of five (5) persons, three (3) of whom shall constitute a quorum. Three (3) members of the National Recovery Control Committee shall be quarriers of Ohio-Sandstone, and the re- maining two (2) shall be fabricators of Ohio-Sandstone. The Ohio-Sandstone Association shall elect from among its mem- bers the five (5) members of the National Recovery Control Com- mittee. Each quarrier subscribing to this Code is entitled to one vote for the election of each member of the said National Recovery Control Committee. Each fabricator subscribing to this Code is entitled to one vote for the election of each member of the said National Re- covery Control Committee. Persons subscribing to this Code who are both quarriers and fabricators of Ohio-Sandstone are thus entitled to cast two votes for the election of each member of the National Re- covery Control Committee. The National Recovery Control Com- mittee so elected shall elect one of its members as chairman and the members thereof shall hold office until their successors are elected. The National Recovery Control Committee is charged with carrying out the purposes of the Industrial Recovery Act as it applies to the Ohio-Sandstone Industry; is charged with the administration and enforcement of this Code, and is hereby empowered to make such rules and regulations as may from time to time be deemed necessary for these purposes. These rules and regulations shall be effective upon approval by the President. In case any quarrier or fabricator of Ohio-Sandstone shall within fifteen (15) days after approval by the President of this Code fail to perform the obligations as provided hereunder, it shall be the duty of the National Recovery Control Committee of the Association to pre- pare and submit to the Industrial Recovery Administration a full statement of the facts in such case. 8. Disputes and appeals. — All disputes or controversies involving persons in the Ohio-Sandstone Industry, as herein defined, shall be referred to the National Control Committee of the Ohio-Sandstone Association for adjustment. In the event that the adjustment or reconciliation recommended by the National Control Committee of the Ohio-Sandstone Association shall not be accepted by either party to the controversy, the National Control Committee of the Ohio- Sandstone Association shall, at the request of any party directly con- cerned, refer the matter to the National Administrative Committee of the Construction Industry as established in the Construction Indus- try Code for appropriate adjustments by it. In the event that the adjustment or reconciliation recommended by the National Adminis- trative Committee of the Construction Industry shall not be accepted by any party to the controversy or complaint, the National Adminis- trative Committee shall, at the request of any party directly con- cerned, refer the matter to the Administrator who, at his option, may hear and determine any such controversy or complaint. Any adjust- ment or reconciliation of any such controversy or complaint deter- mined by the Administrator shall be final and shall bind the employers or association thereof involved in any such controversy or initiating any such complaints. It is the spirit of the foregoing provisions that, so far as possible, controversies or complaints arising within the Ohio Sandstone Indus- try shall be fully determined and adjusted by the Control Committee of the Ohio Sandstone Association or by the National Administrative Committee of the Construction Industry and that whenever adjust- ments or reconciliations recommended by such Committees are con- sistent with reasonable compromise, recourse shall not be had or appeal made to the Administrator. 9. Adjust me fits. — In the event that any buyer subject to this Code shall have contracted before June 16, 1933, to purchase goods, struc- tures or parts thereof at a fixed price for delivery during the period of the President's Reemployment Agreement, he shall make an appro- priate adjustment of said price to meet any increase in cost to the seller, caused by the seller's having signed the President's Reemploy- ment Agreement or having become bound by any Code of Fair competition approved by the President; provided, however, that in view of the fact that construction operations customarily involve the furnishing of various goods and structures, or parts thereof, by a continuous series of independent long-term contracts, and agreements at fixed prices between various parties, such as owners (including governmental departments), builders, contractors, subcontractors, and others, such adjustments shall be contingent upon similar appro- priate adjustments to be made by all other parties thus participating, from and including the initial vendor of such goods and structures or parts thereof, to and including the owner of the works or structure upon which they are used. 10. Bid Peddling Prohibited. — No one in the Ohio Sandstone Indus- try shall be a party to the unfair practice commonly known through- out the Construction Industry as "Bid Peddling." Any person violating this Article is guilty of an unfair method of competition. 11. Administrative expense. — -All employers and persons as defined in this Code shall bear their equitable share of the expense incident to the administration of this Code of Fair Competition. 12. Effective date. — This Code shall become effective on approval by the President of the United States and shall be applicable to all construction work undertaken pursuant to contracts entered into or otherwise commenced after such approval date. PART TWO Article I Membership in the Ohio-Sandstone Association and participation in this Code and subsequent revision thereof and additions thereto shall be open to any person or to any association of persons now engaged in the quarrying or fabrication of Ohio-Sandstone or the successor or successors thereof, upon terms of equality of all present members. Subscription fees or other assessments shall be equitable uniform rates based on the shipments of members, except that the Association reserves the right to impose a small annual charge, which also shall be uniform. Article II — Production The National Recovery Control Committee of the Ohio-Sandstone Association shall determine and from time to time revise an estimate of expected Ohio-Sandstone consumption for architectural building use in structures to be erected in Ohio, and based thereon it shall establish and from time to time revise an equitable production quota and distribution basis for quarriers and an equitable production quota and distribution basis for fabricators of Ohio-Sandstone. Pro- duction or fabrication of Ohio-Sandstone for architecturel building use in Ohio structures by quarriers or fabricators in excess of the respective allotments as made by the National Recovery Control Committee is an unfair metnod of competition. The quarry and plant capacity of the Ohio-Sandstone Association is more than one hundred per cent (100%) in excess of the ordinary demands for Ohio-Sandstone. For the purpose of preventing an unwarranted increase of capacity, it is hereby agreed that the adher- ents to this Code shall not, during the period of emergency, install in their quarries or plants any channeling machines or any planers, jointing saws, or other stone-working machines where such installation is made for the purpose of or will have the effect of increasing the present capacity of the Industry. Such installation by any adherent to this Code will be an unfair method of competition. Article III — Prices of Ohio-Sandstone The marketing of Ohio-Sandstone, whether by quarriers or fabri- cators, should be on a price basis which will cover costs. Article IV Block and sawed stone is sold to cut stone contractors throughout the United States. Grindstones are sold to manufacturers or hard- ware jobbers throughout the United States. Grave vaults are sold to grave vault dealers throughout the United States. The subscribers to this Code who sell block and sawed stone, grindstone, curbing, flagging, and grave vaults agree to file price schedules therefor with the Association. Notice of changes in such price schedules shall be given the Association six (6) days before such changes become effective. The subscribers to this Code who sell block and sawed stone, grindstones, curbing, flagging, and grave vaults agree to maintain the price so filed without directly or indirectly attempting to evade or without directly or indirectly evading the same by secret rebates or any other way. Article V Planed, turned, and finished cut stone is sold to general contractors, architects, engineering concerns, and owners by a system of competi- tive bidding. Adherents to this Code shall, prior to filing bids for the sale of more than three hundred (300) cubic feet in any one job of such stone, file copies of such bids with the Secretary of the Associ- ation. Such copies shall be filed not less than seventy-two (72) hours prior to the time for the opening of such bids by the owner, architect, 6 or general contractor, unless less time is granted therefor by the National Recovery Control Committee. The National Recovery Control Committee shall check bids so filed against the allotment theretofore granted each such bidder; against the respective costs of production and delivery charges for errors which bring the amount of the bids below the costs of production and delivery charges; and for compliance with the Code. The National Recovery Control Committee will advise any bidder, the amount of whose bid is below the costs of production, who has failed to comply with the Code or who, by obtaining the work bid for, would unwarrantedly exceed his allotment, of the findings in such case. Such bidders, if they desire, will be given an opportunity to defend their bids before the National Recovery Control Committee. The members of tins Association hereby agree to withdraw bids found not satisfactory under the provisions of tins Code by the National Recovery Control Committee. Failure to withdraw a bid found un- satisfactory under this Article is an unfair method of competition. Article VI In order to obtain the benefits provided under this Code, it is not necessary for any employee to join any company union or any other organized labor union. Article VII Violation by any person engaged in the Ohio-Sandstone Industry as herein defined of any of the provisions of this Code or of any approved rule issued thereunder is an unfair method of competition. o