UNIVERSITY OF FLOJ'JjJ, 
 
 3 1262 08482 9307 
 
 jpplement No. 14 
 
 Registry No. 1032—1—06 
 
 NATIONAL RECOVERY ADMINISTRATION 
 
 SUPPLEMENTARY 
 CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 PLASTERING AND LATHING 
 CONTRACTING INDUSTRY 
 
 (A Division of the Construction Industry) 
 AS APPROVED ON JUNE 27, 1934 
 
 BY 
 
 PRESIDENT ROOSEVELT 
 
 WE DO OUR PART 
 
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 U.3. DEPQgiTORY J 
 
 UNITED STATES 
 
 GOVERNMENT PRINTING OFFICE 
 
 WASHINGTON: 1934 
 
 For sale by the Superintendent of Documents, Washington, D.C. .-.----- Price 5 cent* 
 
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Approved Code No. 244 — Supplement No. 14 
 SUPPLEMENTARY CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 PLASTERING AND LATHING CONTRACTING 
 INDUSTRY 
 
 As Approved on June 27, 1934 
 
 BY 
 
 PRESIDENT ROOSEVELT 
 
 EXECUTIVE ORDER 
 
 Supplementary Code of Fair Competition for the Plastering and 
 Lathing Contracting Industry 
 
 A division of the constructtion 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 
 comphance 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 my approval of the 
 Plastering and Lathing Contracting Chapter of said Code, and 
 hearings having been held thereon, and the Administrator having 
 rendered his report containing an analysis of said Plastering and 
 Lathing Contracting Chapter and of said Code of Fair Competition 
 as supplemented by the addition thereto of said Plastering and 
 Lathing Contracting Chapter, together with his recommendations 
 and findings with respect thereto, and the Administrator having 
 found that the said Plastering and Lathing Contracting Chapter 
 and the said Code of Fair Competition, as supplemented by the 
 addition thereto of said Plastering and Lathing Contracting Chap- 
 ter, comply in all respects with the pertinent provisions of Title I 
 of said Act, and that the requirements of Clauses (1) and (2) of 
 Subsection (a) of Section 3 of the said Act have been met: 
 
 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, recommenclations 
 and findings of the Administrator and do order that the said Plaster- 
 ing and Lathing Contracting Chapter be and it is hereby approved, 
 
 70513° 657-163 34 (i) 
 
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 suppleme^^ted by the addition 
 thereto of said Plastering and Lathing Contractmg Chapter. 
 
 FRANKLIN D. ROOSEVELT. 
 Approval recommended: 
 Hugh S. Johnson, 
 
 Administrator. 
 
 The White House, 
 
 June 27, 1931^. 
 
LETTER OF TRANSlVnTTAL 
 
 The President, 
 
 The White House. 
 
 Sir: This is a report on the Plastering and Lathing Contracting 
 Chapter of the Code of Fair Competition for the Construction Indus- 
 try 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 September 18, 1933 which was reconvened on March 
 27, 1934, in accordance with the provisions of the National Industrial 
 Recovery Act. This Chapter amplifies Chapter I, but applies spe- 
 cifically to the Plastering and Lathing Contracting Division of the 
 Construction Industry. 
 
 PROVISIONS FOR HOURS AND WAGES 
 
 With the exception of the inclusion of skilled wage rates, the hours 
 and labor conditions set forth in Chapter I of the Construction Code 
 as approved by you on January 31, 1934 are applicable to this Code. 
 
 ECONOMIC EFFECT OF THE CODE 
 
 Estimates made by the Division of Research and Planning indicate 
 that the number of full and part-time employees in this Division 
 of the Construction Industry decreased from approximately 127,000 
 in 1929 to 23,000 in 1933. 
 
 It is reasonable to predict that the establishment of uniform rates 
 of pay, uniform hours of work, improved conditions of employment 
 and the prohibition of unfair trade practices will be beneficial to all 
 of this Industry, as well as to the emjployees and the consumer. 
 
 FINDINGS 
 
 The Deputy Administrator in his final report to me on said 
 Plastering and Lathing 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 Plastering and Lathing Contracting Chapter and said 
 Code of Fair Competition for the Construction Industry, as supple- 
 mented by said Plastering and Lathing Contracting Chapter, are 
 well designed to promote the policies and purposes of Tide 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 organization of industry for the jnirpose of coop- 
 erative action among the trade groups, by inducing and maintafiaing 
 united action of labor and management under adequate govern- 
 
 (3) 
 
mental sanctions and supervision, by eliminating unfair competitive 
 practices, by promoting tlie 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 rehabili- 
 tating industry. 
 
 (b) Said Plastering and Lathing Contracting Chapter and the 
 Code of Fair Competition for the Construction Industry, as sup- 
 plemented by said Plastering and Lathing Contracting Chapter, as 
 approved comply 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 asso- 
 ciation truly representative of the aforesaid Industry; and that said 
 Association imposes no inequitable restrictions on admission to 
 membership therein. 
 
 (c) Said Plastering and Lathing Contracting Chapter and the 
 Code of Fair Competition for the Construction Industry, as sup- 
 plemented by said Plastering and Lathing Contracting Chapter are 
 not designed to and will not permit monopolies or monopolistic 
 practices. 
 
 (d) Said Plastering and Lathing Contracting Chapter and the 
 Code of Fair Competition for the Construction Industry, as sup- 
 plemented by said Plastering and Lathing Contracting Chapter, are 
 not designed to and will not eliminate or oppress small enterprises 
 and will not operate to discriminate against them. 
 
 (e) Tliose engaged in other steps of the economic process have not 
 been deprived of the right to be heard prior to approval of said 
 Plastering and Lathing Contracting Chapter and of said Code, as 
 supplemented by this Plastering and Lathing Contracting Chapter 
 thereof. 
 
 For these reasons, therefore, I recommend approval of said Plas- 
 tering and Lathing Contracting Chapter of the Code of Fair Compe- 
 tion of the Construction Industry. 
 Respectfully, 
 
 Hugh S. Johnson, 
 
 A dministrator. 
 June 26. 1934. 
 
Chapter XX 
 
 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 
 THE PLASTERING AND LATHING CONTRACTING 
 INDUSTRY 
 
 A DIVISION OF THE CONSTRUCTION INDUSTRY 
 
 Article I — Definitions 
 
 Section 1. The term " Plastering and Lathing Contracting Divi- 
 sion " or " This Division " means and includes the business of furnish- 
 ing and contracting to furnish labor and materials in the fabricating, 
 mixing, applying, installing, altering or repairing of all plain or 
 ornamental plastering used in construction projects regardless of the 
 nature of the materials used or the structure to vrhich it is applied, 
 including the use of pigments and their incorporation in plastic mate- 
 rials used in simulation of other materials, and including all lathing 
 and light iron furring, metal corner beads, metal base beads and 
 appurtenances used to receive such plain and ornamental plastering, 
 and including modeling, model making, and casting incidental to or 
 in connection with the business of the Plastering and Lathing Con- 
 tracting Division. 
 
 Section 2. SfeciaUzed Classifications. — The term " Specialized 
 Classifications " shall mean a defined specialized branch of this Divi- 
 sion, established for representation in the administration of the 
 Plastering and Lathing Contracting Division Chapter. 
 
 Such specialized classifications immediately established and defined 
 herein are : 
 
 (A) Lathing and Light Iron Fxirring Classification. — The term. 
 " Lathing and Light Iron Furring Classification " is defined to mean 
 and include members of this Division who are engaged exclusively 
 in contracting for the furnishing of labor and materials for lathing 
 and light iron furring. 
 
 (B) Modeling., Model Making., and Casting Classification. — The 
 terms " Modeling, Model Making, and Casting Classification " are de- 
 fined to mean and include members of this Division who s]Decialize 
 in contracting for modeling, model making, and casting of plastic 
 materials. 
 
 Section 3. Nothing in Section 2 shall be held or construed to pre- 
 vent any member of this Division from performing all or any part 
 of the business of this Division, as defined in Section 1 of this Article. 
 
 Section 4. The term "Association " as used herein means the 
 " Contracting Plasterers' International Association." 
 
 Section 5. The term " this Chapter " as used herein means and 
 includes any related industiy which hereafter is subject to the ap- 
 proval of the President may be included hereunder as a subdivision 
 or otherwise. 
 
 Article II — Reference to Provisions of Chapter I and to Manda- 
 tory 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- 
 
 (5) 
 
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 Provis-ions 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, 
 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 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 condi- 
 tions of employment, approved or prescribed by the President. 
 
 Section 3. Presidential Powers. — This Code, and all the provisions 
 thereof, are expressly made subject to the right of the President, 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 specifi- 
 cally, 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 — Hours, Wages, and Conditions of Employment 
 
 Section 1. Where no local or regional agreement exists as provided 
 for in Section 1 of Article III of Chapter I the minimum wage scale 
 for the following classification of employees in this Division shall be : 
 
 (a) In the Southern Zone comprehending South Carolina, Geor- 
 gia, Florida, Arkansas, Alabama, Mississippi, Louisiana, Arizona, 
 Oklahoma, Texas, and New Mexico, the minimum wage for plasterers, 
 $1.00 per hour; modelers, $1.50 per hour; model makers, $1.00 per 
 hour; casters, 900 per hour; lathers, $1.00 per hour; plasterers' 
 laborers, 600 per hour. 
 
 (b) In the Central Zone, comprehending Delaware, Maryland, 
 Virginia, Tennessee, Colorado, Utah, California, North Carolina, 
 West Virginia, Kentucky, Missouri, Kansas, Nevada, District of 
 Columbia, minimum wage scale for plasterers, $1.10 per hour; model- 
 ers, $1.60 per hour; model makers, $1.10 per hour; casters, $1.00 
 per hour; lathers, $1.10 per hour; plasters' laborers, 700 per hour. 
 
 (c) In the Northern Zone Comprehending Maine, New Hampshire, 
 Vermont, Massachusetts, Rhode Island, Connecticut, New York, New 
 Jersey, Indiana, Wisconsin, Minnesota, Nebraska, Wyoming, Ore- 
 gon, South Dakota, Idaho, Pennsylvania, Ohio, Michigan, Illinois, 
 Iowa, North Dakota, Montana, Washington, the minimum rates for 
 plasterers shall be $1.20 per hour; modelers, $1.70 per hour; model 
 makers, $1.20 per hour; casters, $1.10 per hour; lathers, $1.20 per 
 hour; plasterers' laborers, 800, per hour. 
 
 (d) Apprentices during their apprenticeship or learning period 
 shall be paid as follows : 
 
 First year 30% of journeyman's wages. 
 
 Second year 40% of journeyman's wages. 
 
 Third year 60% of journeyman's wages. 
 
 Fourtli year 75% of journeyman's wages. 
 
Provided however, that this Section shall not be construed to 
 authorize reductions in existing rates of pay; and provided further, 
 that the Administrator may reconsider the j^rovisions of this Section 
 u^Don the expiration of a period of ninety (90) days after the effec- 
 tive date of this Chapter, or thereafter if he shall deem necessary 
 and, upon the basis of such reports, studies, or hearings as he may 
 obtain or conduct, may require such modifications of, or make such 
 other determination with respect to, the provisions of this Section 
 a3 he shall by his further order direct; and provided, further, that 
 if it shall be represented to the Administrator and he shall determine 
 that the provisions of this Section impose undue hardship upon em- 
 ployers or employees or both, within any region or locality, he may 
 at any time grant such stay or exemption from the provisions of 
 this Section within such region or locality as he may determine jus- 
 tice requires ; and provided further, that the provisions of this Sec- 
 tion shall be subject to the provisions of Section 7 of the Act, or any 
 actions taken thereunder or in accordance therewith. 
 
 Section 2. The provisions of subparagraph B of Section 2 of 
 Article III of Chapter I shall not apply to : 
 
 (a) Employees in a managerial, executive, or supervi,sory capacity, 
 who regularly earn in excess of thirty-five dollars ($35.00) per week. 
 Supervisory employees are defined as those who perform no manual 
 labor. 
 
 (b) Employees engaged in emergency work upon breakdowns or 
 for the protection of life or property, who shall be paid at least one 
 and one-half (IVo) times the normal rate for all hours worked in 
 excess of forty (40) hours in any week or eight (8) hours in any day 
 or six (6) days in any week. 
 
 (c) Watchmen who shall not be permitted to work in excess of 
 fifty-six (56) hours nor six (6) days in any week. 
 
 Section 3. Nmnher of days. — No employee shall be permitted to 
 work in excess of six (6) days in any week. 
 
 Section 4. Evasion Through Reemployment. — No employee now 
 employed at a rate in excess of the minimum shall be discharged 
 and reemployed at a lower rate for the purpose of evading the pro- 
 visions of this Code. 
 
 Section 5. Member Performing Labor. — Members of this Division 
 who personallj^ perform manual labor or are engaged in mechanical 
 operations shall not exceed, while so working as employees, the maxi- 
 mum of hours prescribed herein for employees. 
 
 Section 6. CompJaint. — No employee shall be dismissed by reason 
 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 employees 
 in their respective shops and other established places of business 
 complete copies of Chapter I, General Provisions for the Construc- 
 tion 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 provisions of 
 Codes of Fair Competition which may from time to time be pre- 
 scribed by the Administrator. 
 
8 
 
 Section- 8. Standards for Safety and Health. — Each member of 
 this Division shall provide for the safety and health of his emploj^ees 
 at the place and during the hours of their employment. Standards 
 for safety and health shall be submitted by the Divisional Code Au- 
 thority to the Administrator within three (3) months after the effec- 
 tive date of this Chapter. After approval, such standards shall be- 
 come the minimum standards of safety and health for all members of 
 this Division. 
 
 Section 9. Paijment of Wagres. — All employers shall make payment 
 of all wages due in lawful currency or by negotiable check therefor 
 payable on demand at par. If wages are paid by check, the employer 
 shall provide reasonable 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. 
 
 "Wages shall be payable at the end of each weeklj^ period and shall 
 be exempt from any payment or deduction for pensions, insurance 
 or sick benefits other than those required by law or voluntarily paid 
 or authorized by employees. Emjjloyers 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 requiring payment of wages at the 
 end of each weekly period shall not applj^ to persons employed in a 
 managerial, supervisory, or executive capacity who earn not less 
 than thirty-five dollars ($35.00) per week, nor to persons employed 
 in clerical or office work who shall be paid at least semi-monthly. 
 
 Section 10. 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 
 minimum 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 persons employed by him showing the wages paid to, and the 
 maximum hours of work for, all such persons. 
 
 Section 11. 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 or the Divisional 
 
 Code Authority 
 
 Section 1. Further to effectuate the policies of the Act, and to 
 administer this Code within this Division and its administrative 
 classifications as defined in Article II of this Chapter, a Divisional 
 Code Authority is hereby established. 
 
 Section 2. The Divisional Code Authority for the Plastering and 
 Lathing Contracting Division shall consist of fifteen (15) members 
 of this Division, all of whom shall have assented to this Code, to be 
 selected, to serve for a term of one (1) year or until their successors 
 are selected, as follows : 
 
(a) Members of the Association shall elect eight (8) members of 
 the Divisional Code Authority from the membership of the Associa- 
 tion to represent equitably various localities. The Association is 
 hereby designated as the agency to conduct the initial election of 
 the Association members of the Divisional Code Authority within 
 thirty (30) days after the effective date of this Chapter and any 
 other election of such members which may thereafter be held. Notice 
 of the time and place of regular elections shall be sent to all mem- 
 bers of the Association and to the Administrator at least forty (40) 
 days in advance of such election, except that the initial election above 
 referred to maj^ be held on ten (10) days' notice. Voting at all elec- 
 tions 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 Member- 
 ship of the Divisional Code Authority, the Executive Committee of 
 the Association may appoint a member from and to represent mem- 
 bers of the Association on said Code Authority who shall serve for 
 the unexpired portion of the term of the member he succeeds. Such 
 successor shall be approved by the Administrator before taking office. 
 Such election shall be held within twenty (20) days after such 
 vacancy occurs. 
 
 (b) The Administrator shall appoint two (2) members of the 
 Divisional Code Authority from the members of this Division in- 
 cluded in the Lathing and Light Iron Furring Classification, as 
 defined in Section 2 A of Article II of this Chapter. 
 
 (c) The Administrator shall appoint two (2) members of the 
 Divisional Code Authority from the members of this Division in- 
 cluded in the Modeling, Model Making, and Casting Classification 
 as defined in Section 2 B of Article II of this Chapter. 
 
 (d) The Administrator shall appoint three (3) members of the 
 Divisional Code Authority from and to represent the non-members 
 of the Association, which members shall be automatically disqualified 
 from further holding such office by joining the Association, and 
 whose membership in the Divisional Code Authority shall thereupon 
 become vacant. 
 
 (e) At the expiration of the term of the members so appointed in 
 sub-paragi^aphs (b), (c) and (d), or should a vacancy occur, the 
 non-members of the Association or the members of the Classifications 
 as defined in Section 2 of Article II may elect their respective rep- 
 resentatives, such representatives and the methods of their selection 
 to be satisfactory to and approved by the Administrator. In the 
 event any representatives are not so chosen, the Administrator shall 
 continue to appoint such representatives. 
 
 Section 3. In the event the Act and the Code are continued beyond 
 the limits now established by Law, the terms of the members of the 
 Divisional Code Authority may be readjusted to insure over-lapping 
 tenures, in a manner to be approved by the Administrator. 
 
 Section 4. Each trade or industrial association directly or indi- 
 rectly participating in the selection of activities of the Divisional 
 Code Authority shall impose no inequitable restrictions on member- 
 ship. 
 
 Section 5. It being found necessary, in order to support the 
 administration of this Chapter and to maintain the standards of 
 fair competition established by this Code and to effectuate the policy 
 
10 
 
 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 purjDoses 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 
 contribution 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. 
 
 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 shall be entitled to 
 participate 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. The Administration members, the Construction Code 
 Authority and the Administrator shall be given five (5) days' notice 
 of, and may sit at, all meetings of the Divisional Code Authority. 
 
 Section 8. 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 Sub- 
 division B of Article IV of Chapter I of this Code and also shall 
 have the following powers and duties : 
 
 (a) To establish, with the approval of the Administrator and 
 after such notice and hearing as he may i^rescribe, specifications for 
 minimum standards of work, such standards to be designed to safe- 
 guard and insure the health and safety of the occupants of homes 
 and other structures. Such specifications shall be submitted for 
 approval within six (6) months after the effective date of this 
 Chapter. 
 
 (b) To establish, with the approval of the Administrator after 
 such notice and hearing as he may prescribe, standard contract forms 
 for use within this Division. 
 
 (c) To cooperate with the Administrator in regulating the use 
 of any N.R.A. insignia solely by those members 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. 
 
11 
 
 (e) To require the registration of all work in amount of Two 
 Hundred ($200.00) Dollars or more in value, undertaken by members 
 of this Division as herein defined. 
 
 (f) The Divisional Code Authority shall cause to be formulated 
 methods of cost finding and accounting capable of use by all mem- 
 bers of this Division, and shall submit such methods to the Adminis- 
 trator for review. If approved by the Administrator, full informa- 
 tion concerning such methods shall be made available to all members 
 of the Division. Thereafter, each member of the Division shall 
 utilize such methods to the extent found practicable. Nothing 
 herein contained shall be construed to pennit the Divisional Code 
 Authority, any agent thereof, or any member of the Division to 
 suggest uniform additions, percentages or differentials or other uni- 
 form 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 emploj^ers 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 establish, subject to the approval of the Administrator, 
 regional agencies for the administration of this Code to effectuate 
 the policies of the Act. Such agencies may be constituted to repre- 
 sent (a) the entire industry in any region or locality or (b) a special- 
 ized classification in any region or locality. The membership of any 
 such agency shall not be less than three (3) nor more than seven (7) 
 members of the Division. The agency or agencies so established 
 shall be delegated by the Divisional Code Authority certain powers 
 and authority to administer this Code within the region or locality 
 or within a specialized classification in any region or locality, pro- 
 vided that nothing herein shall relieve the Divisional Code Authority 
 of its duties and responsibilities under this Code and that such agency 
 or agencies shall at all times be subject to and comply with the 
 provisions hereof. 
 
 (i) To provide appropriate facilities for arbitration, and subject 
 to the approval of the Administrator, to prescribe rules of procedure 
 and rules to effect compliance with awards and determinations. 
 
 Article V — Trade Practice Rules 
 
 General Definition. — For all purposes of the Code the acts de- 
 scribed in this Article shall constitute unfair practices and are 
 prohibited. Any member of this 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. 
 
 EuLE 1. Inferior Work. — No member of this Division shall substi- 
 tute inferior materials or an improper mix, or shall use materials 
 or shall make 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, quality, 
 or grade thereof. 
 
12 
 
 Rule 2. Corm'pliance. — Non-compliance with contractual require- 
 ments whether pertaining to quality or quantity of materials, quality 
 of workmanship or otherwise shall be a violation of this Chapter. 
 
 Rule 3. 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 4. Lmwping Labor. — No member of this Division shall 
 (whether by the practice known as " Lumping " of labor or other- 
 wise) sublet to any journeyman or other employee, the labor services 
 required by any contractor for work within this Division. 
 
 Rule 5. False Representation. — No member of this Division shall 
 make any false representation, either directly or indirectly, that a 
 competing member has quoted or is quoting different prices, or terms 
 and conditions of sale, for his products than those actually quoted 
 by such competing member. 
 
 Rule 6. Defaming Coinpetitors. — No member of this Division shall 
 defame competitors by falsely imputing to them dishonorable con- 
 duct, inability to perform contracts, questionable credit standing, or 
 by other false representation, or by the false disparagement of the 
 grade or quality of tlieir goods. 
 
 Rule 7. Secret Rebates. — No member of this Division shall secretly 
 offer or make any payment or allowance of a rebate, refund, com- 
 mission 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 priv- 
 ilege not extended to all customers of the same class, for the purpose 
 of influencing a sale. 
 
 Rule 8. C oinmx&rcmL 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, princi- 
 pal, or party. This provision shall not be construed to prohibit free 
 and general distribution of articles commonly used for advertising 
 except so far as such articles are actually used for commercial 
 bribery as hereinabove defined. 
 
 Rule 9. Inaccurate Advertising. — No member of this Division shall 
 publish advertising (whether printed, radio, display, or of any other 
 nature), which is misleading or inaccurate in any material particu- 
 lar, nor shall any member in any way misrepresent any goods (in- 
 cluding but Avithout 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 10. Inaccurate Reference to Competitors. — No member of 
 the Industry shall publish advertising which refers inaccurately in 
 any material particular to any competitor or his goods, prices, values, 
 credit terms, policies or services. 
 
 Rule 11. Breach of Contract. — No member of this Division shall 
 induce or attempt to induce the breach of an existing contract be- 
 tween a competitor and his customer or source of supply; nor shall 
 
13 
 
 any member interfere with or obstruct the performance of any such 
 contractual duties or services. 
 
 Rule 12. 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 13. Grouping of Jobs. — No member of this Division shall 
 group together two or more jobs, either directly or indirectly, to 
 effect a price below cost for any individual job. 
 
 Rule 14. 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 
 contained in this Chapter shall nullify, change, or affect the appli- 
 cation of said section to this Division. 
 
 Rule 15. 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 comply with the regulations provided therein governing an 
 awarding authority. 
 
 Article VI — Filing of Bids 
 
 Section 1. Each member of this Division shall file with an inde- 
 pendent, impartial agency designated by the Divisional Code Author- 
 ity, 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 Authority for 
 local regions or areas, including all alternates and revisions 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, together 
 with any available details of the awarding of the contract, 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 han- 
 dling, tabulating and distributing such information, but in no case 
 more than one dollar ($1.00) for each bid filed by such bidder. 
 
 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 
 Authority or any local administrative committee appointed by it, 
 shall elect 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 investi- 
 gations 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 viola- 
 tion has occurred, their findings on the violation, together with a 
 summary of the facts upon which they are based, shall be reported 
 
14 
 
 to the local administrative committee or the Divisional Code Author- 
 ity for such action as may be appropriate. Such findings and 
 summaries shall be available to the Administrator. 
 
 Article VII — Modification 
 
 Subject to the provisions of sub-paragraph (c) of Section 2 of 
 subdivision B of Article IV of Chapter I hereof, 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 hearings 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 thereafter in the Plastering and 
 Lathing Contracting Division shall likewise register with the Divi- 
 sional 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 tlie registration 
 by any member of this Division if it appears that the time limit as 
 provided herein might cause injustice or undue hardship to any 
 member of this Division. 
 
 Article IX — Review of Acts of Divisional Code Authority 
 
 If the Administrator shall determine that any action of the Divi- 
 sional Code Authority or any agency thereof may be unfair or unjust 
 or contrary to the public interest, the Administrator may require 
 that such action be suspended to afford an opportunity for investi- 
 gation 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 (30) days' notice to him of intention 
 to proceed with such action in its original or modified form. 
 
 Article X — Price Increases 
 
 Whereas, the policy of the Act to increase real purchasing power 
 will be made more difficult of consummation if prices of goods and 
 services increase as rapidly as wages, it is recognized that price in- 
 creases, except such as may be required to meet individual cost, 
 should be delayed, but when made, such increases should, so far as 
 reasonably possible, be limited to actual additional increases in the 
 seller's costs. 
 
 Article XI — EFrECTi\'E Date 
 
 This Chapter shall become effective in this Division on the thir- 
 tieth (30th) day after its approval by the President. 
 
 Approved Code No. 244 — Supplement No. 14. 
 Registry No. 1032-1-06. 
 
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