UNIVERSITY OF FLORIDA 
 
 y 
 
 3 1262 08482 9133 
 
 plement No. 15 
 
 Registry No. 1023—04 
 
 NATIONAL RECOVERY ADMINISTRATION 
 
 SUPPLEMENTARY 
 CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 TERRAZZO AND MOSAIC 
 CONTRACTING INDUSTRY 
 
 (A Division of the Construction Industry) 
 AS APPROVED ON JULY 13, 1934 
 
 WE DO OUR PART 
 
 UNITED STATES 
 
 GOVERNMENT PRINTING OFFICE 
 
 WASHINGTON: 1934 
 
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Approved Code No. 244 — Supplement No. 15 
 SUPPLEMENTARY CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 TERRAZZO AND MOSAIC CONTRACTING 
 INDUSTRY 
 
 As Approved on July 13, 1934 
 
 ORDER 
 
 Supplementary Code of Fair Competition for the Terrazzo and 
 Mosaic 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 
 Chapter I of the Code of Fair Competition for the Construction 
 Industry, approved January 31, 1934, for approval of Chapter XV 
 of said Code, which Chapter XV is applicable to the Terrazzo and 
 Mosaic Contracting Division of the Construction Industry, and hear- 
 ings 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, 193'3, and otherwise; do hereby incorporate by reference said 
 annexed report and do find that said Chapter complies in all respects 
 with the pertinent provisions and will promote the policy and pur- 
 poses of said Title of said Act ; and do hereby order that said Chap- 
 ter XV 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 XV. 
 
 Hugh S. Johnson, 
 Administrator for Industrial Recovery. 
 
 Approval recommended : 
 Geo. L. Berry, 
 
 Division Administrator. 
 
 Washington, D.C., 
 
 July 13, 103Jf. 
 
 73627° Si!9-G0 34 (1) 
 
REPORT TO THE PRESIDENT 
 
 The President, 
 
 The White House. 
 
 Sir: This is a report on the Terrazzo and Mosaic Contracting 
 Chapter of the Code of Fair Competition for the Construction 
 Industry which is described 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 January 8, 1934, in accordance with the provisions 
 of the National Industrial Recovery Act. This Chapter amplifies 
 Chapter I, but applies specifically to the Terrazzo and Mosaic Con- 
 tracting Division of the Construction Industry. 
 
 PROVISIONS FOR HOURS AND WAGES 
 
 This Chapter provides that no employee shall be permitted to work 
 in excess of eight (8) hours in any day, five (5) days in any week 
 or more than one hundred and thirty-six (136) hours in any calendar 
 month. This latter provision is equivalent to an average of approxi- 
 mately thirty-two (32) hours per week. This Division of the Con- 
 struction Industry is the first to reduce the forty (40) hours per 
 week provided for in Chapter I. 
 
 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 $16,000,000 in 1930 to $5,000,000 in 
 1933. Employment has fallen from 8,000 in 1930 to 2,000 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 Ter- 
 razzo and Mosaic Contracting Chapter of the Code of Fair Compe- 
 tition 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 Terrazzo and Mosaic Contracting Chapter and said Code 
 of Fair Competition for the Construction Industry, as supplemented 
 by said Terrazzo and Mosaic Contracting Chapter, are well designed 
 to promote the policies and purposes of Title I of the National In- 
 dustrial Recovery Act, including removal of obstructions to the 
 free flow of interstate and foreign commerce which tend to dimin- 
 
 (2) 
 
3 
 
 ish the amount thereof and will provide for the general welfare by 
 promoting the organization of industry for the purpose of cooper- 
 ative 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 prac- 
 tices, by promoting the fullest possible utilization of the present 
 productive capacity of industries by avoiding undue restriction of 
 production (except as may be temporarily required), by increasing 
 the consumption of industrial and agricultural products through in- 
 creasing purchasing power, by reducing and relieving unemploy- 
 ment, by improving standards of labor, and by otherwise rehabilitat- 
 ing industry. 
 
 (b) Said Industry normally employees not more than 50,000 em- 
 ployees, and is not classified by me as a major industry. 
 
 (c) Said Terrazzo and Mosaic Contracting Chapter and the Code 
 of Fair Competition for the Construction Industry, as supplemented 
 by said Terrazzo and Mosaic Contracting Chapter, as approved com- 
 ply in all respects with the pertinent provisions of said Title of 
 said Act, including without limitation Subsection (a) of Section 3, 
 Subsection (a) of Section 7, and Subsection (b) of Section 10 
 thereof; and that the applicant association is an industrial associa- 
 tion truly representative of the aforesaid industry; and that said 
 Association imposes no inequitable restrictions on admission to 
 membership therein. 
 
 (d) Said Terrazzo and Mosaic Contracting Chapter and the Code 
 of Fair Competition for the Construction Industry, as supplemented 
 by said Terrazzo and Mosaic Contracting Chapter are not designed 
 to and will not permit monopolies or monopolistic practices. 
 
 (e) Said Terrazzo and Mosaic Contracting Chapter and the Code 
 of Fair Competition for the Construction Industry, as supplemented 
 by said Terrazzo and Mosaic 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 
 Terrazzo and Mosaic Contracting Chapter and of said Code, as 
 supplemented by this Terrazzo and Mosaic Contracting Chapter 
 thereof. 
 
 For these reasons, therefore, I have approved said Terrazzo and 
 Mosaic Contracting Chapter of the Code of Fair Competition of 
 the Construction Industry. 
 Respectfully, 
 
 Hugh S. Johnson, 
 
 A clministra tor. 
 July 13, 1934. 
 
Chapter XV 
 
 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 
 THE TERRAZZO AND MOSAIC CONTRACTING DIVI- 
 SION OF THE CONSTRUCTION INDUSTRY 
 
 Article I — Definitions 
 
 Section 1. The word " terrazzo " is used to describe a surface com- 
 posed of marble, stone or granite aggregates (chips) and cement, 
 magnesite or other bonding agency which, in plastic form, is 
 trowelled or rolled to proper consistency, and is finished, when set, 
 with abrasives until a smooth and even surface is obtained. 
 
 Section 2. The term " mosaic " is used to describe a surface com- 
 posed of small pieces of marble, glass, or smalti, firmly set in mortar. 
 
 Section 3. The term " Terrazzo and Mosaic Division " or " this 
 Division " as used herein means the contracting to install, and/or 
 the installing, for hire, of terrazzo and mosaic surfaces. 
 
 Section 4. The term " Member of the Division " includes, but 
 without limitation, any individual, firm, partnership, association, 
 corporation, or other form of enterprise engaged in work within this 
 Division. 
 
 Section 5. The term " bidder " as used herein means any member 
 of the Division who submits bids, proposals or quotations in com- 
 petitive bidding. 
 
 Section 6. The term "Association " as used herein means the cor- 
 poration known as the " National Terrazzo and Mosaic Association." 
 
 Article II — Reference to Provisions of Chapter I and to 
 Mandatory Provisions of the Act 
 
 Section 1. Reference to Provisions of Chapter I. — Provisions of 
 Chapter I of this Code, including any amendments thereto, or modi- 
 fications thereof, except as herein specifically provided, are specifi- 
 cally incorporated herein with the same force and effect as if set 
 forth herein in full. 
 
 Section 2. Labor Provisions of the Act. — Employees shall have 
 the right to organize and bargain collectively through representatives 
 of their own choosing, and shall be free from the interference, re- 
 straint, 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 or protection; no employee and no one seeking employ- 
 ment 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; employers shall comply 
 with the maximum hours of labor, minimum rates of pay, and other 
 conditions of employment, approved or prescribed by the President. 
 
 (4) 
 
Section 3. Presidential Powers. — This Code, and all the provi- 
 sions thereof, are expressly made subject to the right of the Presi- 
 dent, in accordance with the provisions of subsection (b) of Section 
 10 of the Act, from time to time to cancel or modify any order, 
 approval, license, rule or regulation issued under Title I of the Act 
 and specifically, but without limitation to the right of the President 
 to cancel or modify his approval of this Code, or of any additional 
 Chapter thereof, or any conditions imposed by him upon such 
 approval. 
 
 Article III — Houus, Wages and Conditions of Employment 
 
 Section 1. Notwithstanding the provisions of Subparagraph B of 
 Section 2 of Article III of Chapter I of this Code, no employee shall 
 be permitted to work in excess of eight (8) hours in any day or 
 forty (40) hours in any week or five (5) days in any week or one 
 hundred and thirty-six (136) hours in any calendar month. No em- 
 ployee shall be permitted to work on Saturdays, Sundays or legal 
 holidays. 
 
 The provisions of this Section shall not apply to : 
 
 (a) Employees engaged in emergency work upon breakdowns or 
 for the protection of life or property, who shall be paid at least at 
 the rate of one and one-half (D/2) times the normal rate for all hours 
 in excess of the maxima established in this Section and for such work 
 performed on Saturdays, Sundays and legal holidays. 
 
 (b) Employees engaged in a managerial, executive, or supervisory 
 capacity receiving in excess of thirty-five dollars ($35.00) per week. 
 Supervisory employees are defined as those who perform no manual 
 labor. 
 
 (c) Clerical and office employees who may be permitted to work 
 not in excess of forty (40) hours in any week or eight (8) hours in 
 any day or five and one half (5y 2 ) days in any week. 
 
 Section 2. Minimum Age. — No member of this Division shall 
 employ any person under the age of eighteen (18) years. 
 
 Section 3. Evasion through Reemployment. — No empk^ee now 
 employed at a rate 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. 
 
 Section 4. No member of the Division shall pay to any employee 
 wages below the minimum wages herein mentioned, or below any 
 higher wages established under the provisions of Article III of 
 Chapter I in the locality in which the work is being done. 
 
 Section 5. G ontracting Labor Services. — No member of this Divi- 
 sion shall directly or indirectly sublet to any employee or laborer, 
 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 provisions less stringent than 
 those provided in this Chapter. 
 
 Section 6. Complaint. — No employee shall be dismissed by rea- 
 son of making a complaint or giving evidence with respect to an 
 alleged violation of this Code. 
 
Section 7. Posting. — All members of this Division shall post 
 and keep posted in conspicuous places readily accessible to all em- 
 ployees in their respective shops and other established places of 
 business complete copies of Chapter I, General Provisions for the 
 Construction Industry, and of this Chapter of this Code, together 
 with the name and address of the nearest official place where Code 
 violations may be reported. Every member of the Division shall 
 comply with all rules and regulations relative to the posting of pro- 
 visions of Codes of Fair Competition which may from time to time 
 be prescribed by the Administrator. 
 
 Section 8. Safety and Health. — 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. He shall comply, ex- 
 cept as superseded by State Laws, with the provisions of the Safety 
 Manual adopted by the Associated General Contractors of America, 
 or the Safety Platform of the Construction League of the United 
 States, or the rules set forth by the National Safety Council and 
 local ordinances referring to safety measures in so far as the same 
 may apply to his class of work. Standards of safety and health 
 shall be submitted by the Divisional Code Authority to the Admin- 
 istrator within three (3) months after the effective date of this 
 Chapter and when approved shall supersede the foregoing standards. 
 
 Section 9. Compensation Insurance. — All members of this Divi- 
 sion shall protect their employees by compensation insurance. 
 
 Section 10. Payment of Wages. — All members of this Division 
 shall make payment of all wages due in lawful currency or by nego- 
 tiable 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 em- 
 ployees. Employers shall also provide such identification as is neces- 
 sary to utilize such facilities. 
 
 Wages shall be payable at the end of each weekly period, and 
 shall be exempt from any payment or deduction for pensions, insur- 
 ance or sick benefits except .such as is required by law or voluntarily 
 paid or authorized to be deducted by employees. Employers or their 
 agents shall not accept, directly or indirectly, rebates on such wages 
 or give anything of value nor 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 
 executive, administrative and supervisory capacity who earn in 
 excess of thirty -five dollars ($35.00) per week, nor to persons em- 
 ployed in clerical or office work. The wages for persons employed 
 in clerical or office work shall be payable at least semi-monthly. 
 
 Section 11. Handicapped Persons. — A person whose earning ca- 
 pacity is limited because of age, 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 certificate. Such Authority shall be 
 guided by the instructions of the United States Department of Labor 
 
in issuing certificates to such persons. Each employer shall file 
 monthly with the Divisional Code Authority a list of all such per- 
 sons employed by him, showing the wages paid to, and the maximum 
 hours of work for, all such persons. 
 
 Section 12. Nothing in the definition of this Division shall in 
 any way be construed as affecting the classification of labor employed 
 under this Chapter of this Code. 
 
 Article IV — Organization, Powers and Duties of the Divisional 
 
 Code Authority 
 
 Section 1. A Divisional Code Authority is hereby constituted to 
 administer this Code within this Division. 
 
 Section 2. The Divisional Code Authority shall consist of seven 
 (7) members, all of whom shall have assented to this Code, to be 
 selected as follows: 
 
 (a) Members of the Association shall elect five (5) members of 
 the Divisional Code Authority from members of the Association by 
 majority vote of the said members to serve for a term of one (1) 
 year or until their successors are elected. The Association is hereby 
 designated as the agency to conduct the first election of the Associa- 
 tion members of the Divisional Code Authority within twenty (20) 
 da} r s after the effective date of this Chapter and any other election 
 of Association members of the Divisional Code Authority which may 
 thereafter be held. Notice of the time and place of regular elections 
 shall be sent to all members of the Association and to the Adminis- 
 trator at least forty (40) days in advance of such election, except that 
 the first election above referred to may be held on ten (10) days' 
 notice. Voting at all elections may be in person, or by proxy or 
 letter ballot and each member of the Association shall be entitled to 
 one vote for each membership to be filled. In the event of any 
 vacancy in the Association membership of the Divisional Code 
 Authority, a special meeting of the members of the Association shall 
 be called to elect a member of the Divisional Code Authority to 
 serve for the unexpired portion of the term of the member of the 
 Divisional Code Authority whom he is succeeding. Such election 
 shall be called within twenty (20) days after such vacancy occurs. 
 
 (b) The Administrator shall appoint two (2) members of the 
 Divisional Code Authority from and to represent the members of 
 this Division who are not members of the Association to serve for a 
 term of one (1) year. At such time, or should a vacancy occur in the 
 non-member representation of the Divisional Code Authority, the 
 members of this Division who are not members of the Association 
 may select their own members of the Divisional Code Authority, 
 which successors and the method of their selection shall be approved 
 by the Administrator. If the members of the Division who are not 
 members of the Association do not select such successors, as above 
 provided, the Administrator shall appoint them. Any member of 
 the Divisional Code Authority selected from and to represent mem- 
 bers of this Division who are not members of the Association shall 
 automatically disqualify himself from further holding such office 
 by joining the Association, and his membership in the Divisional 
 Code Authority shall thereupon become vacant. 
 
8 
 
 r Section 3. The Administration members, the Construction Code 
 Authority and the Administrator shall be given at least five (5) days' 
 notice of, and may sit at, all meetings of the Divisional Code 
 Authority. 
 
 |^ Section 4. Each Trade or Industrial Association directly or 
 indirectly participating in the selection or activities of the Divi- 
 sional Code Authority shall impose no inequitable restrictions on 
 membership. 
 
 ! Section 5. It being found necessary, in order to support the ad- 
 ministration 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 subject to the 
 approval of the Administrator: 
 
 (a) 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 purposes of the Chapter. 
 
 (b) to submit to the Administrator for his approval, subject to 
 such notice and opportunity to be heard as he may deem necessary, 
 (1) an itemized budget of its estimated expenses for the foregoing 
 purposes, and (2) an equitable basis upon which the funds necessary 
 to support such budget shall be contributed by members of this 
 Division. 
 
 (c) after such budget and basis of contribution have been ap- 
 proved by the Administrator, to determine and secure equitable con- 
 tribution as above set forth by all such members of this Division, 
 and to that end, if necessary, to institute legal proceedings therefor 
 in its own name. 
 
 I Section 6. Each member of this Division shall pay his or its 
 equitable contribution to the expenses of the maintenance of the 
 Divisional Code Authority determined as hereinabove provided and 
 subject to rules and regulations pertaining thereto issued by the 
 Administrator. Only members of this Division complying with this 
 Code and contributing to the expenses of the administration of this 
 Chapter as provided in Section 5 of this Article (unless duly ex- 
 empted from making such contribution) shall be entitled to partici- 
 pate in the selection of the members of the Divisional Code Authority 
 or to receive the benefit of its voluntary activities or to make use 
 of any emblem or insignia of the National Recovery Administration. 
 Section 7. Powers and Duties. — Subject to such rules and regula- 
 tions as may be issued by the Administrator, the Divisional Code 
 Authority shall have the powers and duties as are conferred by 
 Subdivision (b) of Article IV of Chapter I of this Code and also 
 shall have the following powers and duties : 
 
 } (a) to provide for the execution of the provisions of this Code 
 and to provide for the compliance of the Industry with the provi- 
 sions of the Act. 
 
 ( (b) to establish with the approval of the Administrator, classifi- 
 cations for terrazzo and mosaic materials and work, standard grades 
 and quality, and specifications for the materials and services of the 
 Division, in order to assist in making effective the reports from the 
 members of this Division and in eliminating unfair competition. 
 
(c) to use such trade associations and other agencies as it deems 
 proper for the carrying out of any of its activities provided for 
 herein, provided that nothing herein shall relieve the Divisional Code 
 Authority of its duties or responsibilities under this Code and that 
 such trade associations and agencies shall at all times be subject to 
 and comply with the provisions hereof. 
 
 (d) to cooperate with the Administrator in regulating the use of 
 N.R.A. insignia by those members who are complying with this Code. 
 
 (e) to recommend to the Administrator further fair trade prac- 
 tice provisions to govern members of the 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. 
 
 (f ) to cause to be formulated methods of cost finding and account- 
 ing capable of use by all members of this Division, and shall submit 
 such methods to the Administrator for review. If approved by the 
 Administrator, full information concerning such methods shall be 
 made available to all members of this Division. Thereafter, each 
 member of this Division shall utilize such methods to the extent 
 found practicable. Nothing herein contained shall be construed to 
 permit the Code Authority, any agent thereof, or any member of 
 the Division to suggest uniform additions, percentage or differen- 
 tials or other uniform items of cost which are designed to bring 
 about arbitrary uniformity of costs or prices. 
 
 (g) to appoint a trade practice committee which shall meet with 
 the trade practice committees appointed under such other codes as 
 may be related to the industry for the purpose of formulating fair 
 trade practices to govern the relationships between employers under 
 this Chapter and employers under such other codes, to the end that 
 such fair trade practices may be proposed to the Administrator as 
 amendments to this Chapter and such other codes. 
 
 (h) to provide appropriate facilities for arbitration other than in 
 labor disputes and subject to the approval of the Administrator, to 
 prescribe rules of procedure and rules to affect compliance with 
 awards and determinations. 
 
 (i) 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 upon proper notice to every member of the Divisional Code 
 Authority, and each of such memlbers shall be entitled to one (1) 
 vote. In order for any candidate to be elected, six (6) of the seven 
 (7) members of the Divisional Code Authority shall have voted for 
 his election. 
 
 Section 8. 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 Administra- 
 tor may require that such action be suspended to afford an oppor- 
 tunity for investigation of the merits of such action and further 
 consideration by the Divisional Code Authority or agency pending 
 final action which shall not be effective unless the Administrator 
 approves or unless he shall fail to disapprove after thirty. days' 
 
10 
 
 notice to him of intention to proceed with such action in its original 
 or modified form. 
 
 Article V. — Trade Practice Rules 
 
 General Definition. — For all purposes of this Code, the acts de- 
 scribed in this Article shall constitute unfair practices and are pro- 
 hibited. Any member of this Division who shall directly or in- 
 directly 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. Inaccurate Advertising. — No member of the Division shall 
 publish advertising (whether printed, radio, display or any other 
 nature) which is misleading or inaccurate in any material particu- 
 lar, nor shall any member in any way misrepresent any goods (in- 
 cluding but without limitation its use, trade mark, grade, quality, 
 quantity, origin, size, substance, character, nature, finish, material, 
 content or preparation) or credit terms, values, policies, services, or 
 the nature or form of the business conducted. 
 
 Rule 2. False Billing. — No member of the Division shall know- 
 ingly withhold from or insert in any quotation or invoice any state- 
 ment that makes it inaccurate in any material particular. 
 
 Rule 3. Inaccurate References to Competitors, etc. — No member 
 of the Division shall publish advertising which refers inaccurately 
 in any material particular to any competitors or their goods, prices, 
 values, credit terms, policies, or services. 
 
 Rule 4. Collusion. — Section 9 of Article VII of Chapter I of this 
 Code is specifically incorporated by reference with the same force 
 and effect as if set forth in full in this Chapter, and nothing con- 
 tained in this Chapter shall nullify, change, or affect the application 
 of said section to this Division. 
 
 Rule 5. Records. — No employer shall submit an estimate price on 
 any job or submit a bill for his services without retaining an ade- 
 quate record showing the cost analysis upon which his estimate was 
 based or his charges determined. 
 
 Rule 6. Threats of Law /Suits. — No member of this Division shall 
 publish or circulate unjustified or unwarranted threats of legal pro- 
 ceedings which tend to or have the effect of harassing competitors or 
 intimidating their customers. 
 
 Rule 7. /Secret Rebates. — No member of this Division shall se- 
 cretly 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 
 Division 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 8. Commercial Bribery. — No member of this Division shall 
 give, permit to be given, or directly offer to give, anything of value 
 for the purpose of influencing or rewarding the action of any em- 
 ployee, agent, or representative of another in relation to the business 
 of the employer of such employee, the principal of such agent or 
 the represented party without the knowledge of such employer, prin- 
 cipal €>r party. This provision shall not be construed to prohibit 
 
11 
 
 free and general distribution of articles commonly used for adver- 
 tising except so far as such articles are actually used for commercial 
 bribery as hereinabove defined. 
 
 Rule 9. No member of this Division shall sell or offer to sell any 
 product of the Industry by any false means or device which has the 
 tendency and capacity to mislead or deceive customers or prospec- 
 tive customers as to quality, quantity, substance, or size of such 
 product and the tendency to injuriously affect the business of 
 competitors. 
 
 Rule 10. No member of this Division shall require an employee 
 to do a certain piece or amount of work in a designated time. 
 
 Rule 11. 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 so working as employees shall 
 comply with all applicable provisions of this Code including the 
 provisions of Rules 4 and 6 of this Article. 
 
 Rule 12. No member of this Division shall combine quotations 
 for any product or service within this Division 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. 
 
 Rule 13. No member of this Division shall submit a competitive 
 bid, as defined in Section 1 of Article VII of Chapter I of the 
 Code, to an owner or any other person corresponding to an award- 
 ing authority as therein defined, unless such owner or other person 
 agrees to comply with the regulations provided therein governing 
 an awarding authority. 
 
 Rule 14. Inferior Work. — No member of this Division shall sub- 
 stitute inferior materials or an improper mix, nor shall he use 
 materials or any misrepresentation in connection with the sale of 
 such materials or mix, for the purpose or with the effect of mis- 
 leading or deceiving purchasers with respect to the quantity, qual- 
 ity, or grade thereof. 
 
 Unless with the consent of the owner or awarding authority, non- 
 compliance with specifications or contractual requirements for qual- 
 ity of materials and class of workmanship shall be considered a 
 violation of this Chapter. 
 
 Article VI — Filing of Bids 
 
 Section 1. Each member of this Division shall file with an in- 
 dependent, impartial agency designated by the Divisional Code Au- 
 thority, or by the local administrative committee, a signed, true 
 copy of every bid in excess of two hundred dollars ($200.00), or 
 such lesser sum as may be determined by the Divisional Code Au- 
 thority for local regions or areas, including all alternates and re- 
 visions thereto submitted in connection with all competitive bidding 
 as required by the awarding authority. Copies of bids shall not be 
 opened until twenty-four (24) hours after the time specified by 
 the awarding authority for the receipt of such bids. 
 
 Section 2. The independent agency shall tabulate all bids, to- 
 gether with any available details of the awarding of the contract, 
 
12 
 
 all of which shall be kept confidential, except that, within three (3) 
 days after the award of the contract to the successful bidder, each 
 bidder shall be sent a copy of the tabulation of the amounts of the 
 bids only. 
 
 Each bidder shall pay his proportionate share of the cost of 
 handling, tabulating and distributing such information, but in no 
 case more than one dollar ($1.00) for each bid submitted. 
 
 Such bids and tabulations shall be available to the Administrator 
 until the contract is completed. 
 
 Section 3. Upon complaint of a bidder, the Divisional Code Au- 
 thority or any local administrative committee appointed by it, shall 
 appoint 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 whom, if possible, shall not be a member of the 
 Association. This committee shall be directed to make such inves- 
 tigations 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 Author- 
 ity for such action as may be appropriate. Such findings and sum- 
 maries shall be available to the Administrator. 
 
 Article VII — Modification 
 
 Subject to the provisions of Sub-paragraph (c) of Section 2 of 
 Sub-division B of Article IV of Chapter I of this Code, the pro- 
 visions of this Chapter, except as to provisions required by the Act, 
 may be modified on the basis of experience or changes in circum- 
 stances, 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 VIII — Registration 
 
 Each member of this Division shall register with the Divisional 
 Code Authority within thirty (30) days after the effective date of 
 this Chapter. All who may engage in the Terrazzo and Mosaic 
 Division thereafter shall likewise register 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 Administrator 
 for an extension of the time limit for the registration by any mem- 
 ber 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 — Effective Date 
 
 This Chapter shall become effective on the second Monday after 
 its approval by the President. 
 
 Approved Code No. 244 — Supplement No. 15. 
 Registry No. 1023-04. 
 
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