V 
 Approved Code No. 244 — Supplement No. 10 Registry No. 1020 — 02 
 
 NATIONAL RECOVERY ADMINISTRATION 
 
 SUPPLEMENTARY 
 CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 RESILIENT FLOORING 
 CONTRACTING INDUSTRY 
 
 (A Division of the Construction Industry) 
 AS APPROVED ON MAY 29, 1934 
 
 WE DO OUR PART 
 
 UNITED STATES 
 
 GOVERNMENT PRINTING OFFICE 
 
 WASHINGTON: 1934 
 
 For sale by the Superintendent of Documents, Washington, D.C. -------- Price 5 cents 
 
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Approved Code No. 244 — Supplement No. 10 
 SUPPLEMENTARY CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 RESILIENT FLOORING CONTRACTING INDUSTRY 
 As Approved on May 29, 1934 
 
 ORDER 
 
 Approving Code of Fair Competition for the Resilient Flooring 
 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, aiDproved January 31, 1934, for approval of Chapter XIII 
 of said Code, which Chapter XIII is applicable to the Resilient 
 Flooring- Contracting Division of the Construction Industry, and 
 hearings have been held thereon and the annexed report on said Code, 
 containing findings with respect thereto, having been made and 
 directed to the President: 
 
 NOW, THEREFORE, on behalf of the President of the United 
 States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
 pursuant to authority vested in me by Executive Orders of the 
 President, including Executive Order No. 6543-A, dated December 
 30, 1933, and otherwise; do hereby incorporate by reference said 
 annexed report and do find that said Chapter complies in all respects 
 with the pertinent j)rovisions and will promote the policy and pur- 
 poses of said Title of said Act; and do hereby order that said Chap- 
 ter XIII 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 en- 
 tirety as supplemented by said Chapter XIII, providing, however, 
 that the following sentence be and it is hereby inserted at the end 
 of Rule I of Article V: 
 
 " It shall be a defense to any charge of violation of this Rule if 
 the party charged shall satisfy the Administrator that his bid was 
 not less than the reasonable estimate of said costs of any other mem- 
 ber of the industry." 
 
 Hugh S. Johnson, 
 Administrator for Industrial Recovery. 
 
 Approval recommended: 
 Geo. L. Berry, 
 
 Division Administrator. 
 
 Washington, D.C, 
 
 May 29, 1921^. 
 
 64006° 657-^ 34 (1) 
 
REPOKT TO THE PRESIDENT 
 
 The President, 
 
 The White House. 
 
 Sir : This is a report on the Resilient Flooring Contracting Chapter 
 of the Code of Fair Competition for the Construction Industiy 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 March 16, 1934, in accordance with the provisions of 
 the National Industrial Recovery act. This Chapter amplifies Chap- 
 .ter I, but applies speciMcally to the Resilient Flooring Contracting 
 Division of the Construction Industry. 
 
 rROVISIOXS FOE HOURS AND WAGES 
 
 With very minor exceptions, the hours and wages set forth in 
 Chapter I of the Construction Code as approved by you on 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 volume of business decreased from approximately $217,- 
 000,000 in 1929 to $42,000,000 in 1933, a decrease of about eighty 
 per cent. 
 
 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 employees and the consumer. 
 
 FINDINGS 
 
 The Deputy Administrator in his final report to me on said 
 Resilient Flooring 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 Resilient Flooring Contracting Chapter and said Code 
 of Fair Competition for the Construction Industry, as supplemented 
 by said Resilient Flooring Contracting Chapter, are well designed to 
 promote the policies and purposes of Title I of the National Indus- 
 trial 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 promot- 
 ing the organization of industry for the purpose of cooperative ac- 
 
 (2) 
 
tion among the trade groups, by inducing and maintaining united 
 action of labor and management under adec[uate governmental sanc- 
 tions and supervision, by eliminating unfair competitive practices, 
 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 consump- 
 tion of industrial and agricultural products through increasing pur- 
 chasing power, by reducing and relieving unemployment, by im- 
 proving standards of labor, and by otherwise rehabilitating industry. 
 
 (b) Said Industry normally employs not more than 50,000 em- 
 ployees; and is not classified by me as a major industry-. 
 
 (c) Said Resilient Flooring Contracting Chapter and the Code 
 of Fair Competition for the Construction Industry, as supplemented 
 by said Kesiiient Flooring 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 association truly represent- 
 ative of the aforesaid Industry ; and that said Association imposes no 
 inequitable restrictions on admission to membership therein. 
 
 (d) Said Resilient Flooring Contracting Chapter and the Code of 
 Fair Competition for the Construction Industry, as supple^nented by 
 said Resilient Flooring Contracting Chapter are not designed to and 
 will not permit monopolies or monopolistic practices. 
 
 (e) Said Resilient Flooring Contracting Chapter and the Code 
 of Fair Competition for the Construction Industry, as supplemented 
 by said Resilient Flooring 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 
 Resilient Flooring Contracting Chapter and of said Code, as supple- 
 mented by this Resilient Flooring Contracting Chapter thereof. 
 
 For these reasons, therefore, I have approved said Resilient Floor- 
 ing Contracting Chapter of the Code of Fair Competition of the 
 Construction Industry. 
 Respectfully, 
 
 Hugh S. Johnson, 
 
 Administrator. 
 Mat 29, 1934. 
 
Chapter XIII 
 
 CODE OF FAIE COMPETITION FOE THE KESILIENT 
 FLOORING CONTRACTING DIVISION OF THE CON- 
 STRUCTION INDUSTRY 
 
 Article I — Reference to PRmTsioxs of Chapter I 
 
 The provisions of SectioDs 7 (a) and 10 (b) of the Act, which 
 are set forth in Sections 1 and 6, respectively, of Article VIII of 
 Chapter I of this Code, are specifically incorporated herein by 
 reference with the same force and effect as if set forth herein in full; 
 ail other provisions of Chapter I of this Code, including modifica- 
 tions or amendments thereto, except as herein provided, apply within 
 this Division with the same force and effect as if set forth herein 
 in full. 
 
 Article II — Dfji^initions 
 
 Section 1. The term " Resilient Flooring Contracting Division " 
 or " this Division " as used herein shall mean the business of fur- 
 nishing and installing, or the installing, for compensation, of all 
 types of resilient preformed flooring materials in use at the present 
 time and such other materials, of similar character, as may be de- 
 veloped in the future, but shall not include the furnishing and in- 
 stalling, for compensation, of resilient flooring materials ordinarily 
 sold at retail by members of the Retail Trade, when sold for home 
 purposes at established prices, but shall include such portion of re- 
 silient flooring materials as may be furnished and instaile<l by mem- 
 bers of the Retail Trade on a competitive bidding basis. 
 
 Nothing in the definition of this Division shall in any way be con- 
 strued as affecting the classification of labor employed under this 
 Chapter of this Code. 
 
 Sec. 2. The term " Resilient Flooring " is used to describe vari- 
 ous types of preformed materials employed as a finished floor sur- 
 face. These materials include linoleum, cork tiie, rubber tile, cork 
 composition tile, asphalt tile, sheet rubber flooring, carpets and other 
 materials of similar character. 
 
 Sec. 3. The t^rms " Resilient Flooring Contractor " or " Member 
 of this Division " as used in this Chapter shall mean, but without 
 limitation, any individual, partnership, firm, corporation, associa- 
 tion or other form of enterprise engaged in work within this Division. 
 
 Sec. 4. The term "Association " as used herein means the " Na- 
 tional Resilient Flooring Association." 
 
 Article III — Hours, Wages and Conditions or Employment 
 
 Sec. 1. Hours. — No employee shall be permitted to work in excess 
 of forty (40) hours in any one week or eight (8) hours in any one 
 day, except that the jjrovisions of this Section shall not apply to: 
 
 (4) 
 
(a) Outside salesmen. 
 
 (b) Employees engaged in an executive, administrative or super- 
 visory capacity, receiving in excels of thirty-five ($35.00) dollars 
 per week. Supervisory employees are defined as those who perform 
 no manual labor. 
 
 (c) 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 (II/2) time-s the normal rate for all hours worked in 
 excess of forty (40) hours per week or eight (8) hours per day or 
 six (6) days per week. 
 
 (d) Watchmen who shall not be permitted to work in -excess of 
 fifty-six (56) hours in any one week nor six (6) days in any week. 
 
 Sec. 2. N 1171110- of days. — No employee shall be permitted to work 
 in excess of six (6) days in any seven (7) daj^ period. 
 
 Sec. 3. Evasion through reemployment. — No employee now em- 
 ployed 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. 
 
 Sec. 4. Transportation. — Members of this Division shall make 
 payment of all legitimate expenses incident to transportation, board 
 and room incurred by an employee while traveling to and from the 
 site of regular employment, when such site is outside of a recog- 
 nized working area. 
 
 Sec. 5. Contracting 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. 
 
 Sec. 6. Memhers perfemning work. — Members of this Division 
 who personally perform manual work or are engaged in mechanical 
 operations shall not exceed the maxima as to hours and days pre- 
 scribed herein for the work performed by them. 
 
 Sec. 7. Coinplaint. — No employee shall be dismissed for making 
 a complaint or giving evidence with respect to an alleged violation 
 of this Code. 
 
 Sec. 8. 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. 
 
 Sec. 9. Standards for 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. Standards for 
 safety and health shall be submitted by the Divisional Code Author- 
 ity to the Administrator within six (6) months after the effective 
 date of this Chapter. After approval, such standards shall become 
 the minimum standards of safety and health for all members of this 
 Division. 
 
 Sec. 10. Payment of wages. — All members of this Division 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 reasonably accessible facilities for 
 cashing such 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 weekly period and shall 
 be exempt from any payment or deduction for pensions, insurance 
 or sick benefits other than those 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 influenc- 
 ing rates of wages or working conditions of their emplo^^ees. 
 
 The provisions of this Section regarding payment of Avages at the 
 end of each v/eekly period shall not apply to persons employed in 
 an executive, administrative or 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 pavable at least semi-monthly. 
 
 Sec. 11. Handicapped persons. — A person whose earning capacity 
 is limited because of age, physical or mental handicap or other in- 
 firmity 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 emplojanent 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. 
 
 Article IV — Organization, Powers and Duties of the Di^asioNAii 
 
 Code Authority 
 
 Section 1. A Divisional Code Authority is hereby constituted 
 to administer this Code within this Division. 
 
 Seo. 2. The Divisional Code Authority shall consist of seven (7) 
 members all of Avhom 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 year 
 or until their successors are elected. The Association is hereby 
 designated as the agency to conduct the initial election of the Asso- 
 ciation members of the Divisional Code Authority within thirty 
 (30) days after the effective date of this Chapter and any other 
 elections 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 Administrator at least forty (40) days in advance of such 
 election, except that the initial election above referred to may be 
 held on ten (10) days' notice. Voting at all elections may be in 
 person, or by proxj^ or letter ballot and each member of the Asso- 
 ciation 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 succeed- 
 ing. 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 repre.sent 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 Associa- 
 tion 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 succe^ssors, as above 
 provided, the Administrator ghall 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 therefore become vacant. 
 
 Sec. 3. The Administration members, the Construction Code Au- 
 thority and the Administrator shall be given at least five (5) days' 
 notice of and may sit at all meetings of the Divisional Code 
 Authority. 
 
 Sec. 4. Each Trade or Industrial Association directly or indi- 
 rectly participating in the selection or activities of the Divisional 
 Code Authority shall impose no inequitable restrictions on 
 membership. 
 
 Sec. 5. It being found necessary, in order to support the admin- 
 istration 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 apd secure equitable con- 
 tributions 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. 
 
 Sec. 6. Only members of this Division complying with this Code 
 and contributing to the expenses of the administration of this Chap- 
 
8 
 
 ter as provided in Section 5 of this Article shall be entitled to par- 
 ticipate in the selection of the members of the Divisional Code Au- 
 thority or to receive the benefit of its voluntary activities or to make 
 use of any emblem or insignia of the National Recovery Adminis- 
 tration. 
 
 Sec. 7. Pouxrs and Duties. Subject to such rules and regulations 
 as may be issued b}'^ the Administrator, the Divisional Code Author- 
 ity shall have the powers and duties as are conferred by Subdivi- 
 sion (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 after 
 such notice and hearing as he may prescribe, a standard contract 
 form for use within this Division, which shall be used by all mem- 
 bers. 
 
 (b) 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. 
 
 (c) 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. 
 
 (d) To establish, with the approval of the Administrator after 
 such notice and hearing as he may prescribe, " Standards of Per- 
 formance " for use within this Division. 
 
 (e) To appoint appropriate agencies for the administration of this 
 Code in each Regional Division or Subdivision of the Association, 
 as outlined in Exhibit "A" attached hereto, and to delegate to said 
 agencies all necessary power and authority for the administration of 
 this Code within the Regional Divisions of Subdivisions, including 
 the adoption of divisional and subdivisional rules and regulations not 
 inconsistent with this Code and subject to the approval of the Ad- 
 ministrator provided that nothing herein shall relieve the Code Au- 
 thority of its duties or responsibilities under this Code and that such 
 Association and agencies shall at all times be subject to and comply 
 with the provisions hereof. 
 
 (f) To revise, on the basis of experience and with the approval of 
 the Administrator, the Regional Divisions to effectuate the adminis- 
 tration oi this Code. 
 
 (g) To cause to be formulated an accounting system and methods 
 of cost finding and/or estimating capable of use by all members of 
 this Division. After such system and methods have been formulated 
 by the Divisional Code Authority and approved by the Adminis- 
 trator, full details and instructions concerning them shall be made 
 available to all members. Thereafter all members shall determine 
 and/or estimate costs in accordance with the principles of such 
 methods. 
 
 (h) 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. 
 
 (i) In compliance with the provisions of Section 1 of Subdivision 
 A of Article IV of Chapter I, to select one of its members as a mem- 
 ber 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 annually upon 
 proper notice to every member of the Divisional Code Authority, 
 and each of such members shall be entitled to one 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. 
 
 Article V — Trade Praci'ice Kules 
 
 General de-finition. — For all purposes of this Code the acts de- 
 scribed in this Article shall constitute unfair practices. Any member 
 of this Division who shall directly or indirectly through an officer, 
 employee, agent or representative use, employ or permit to be em- 
 ployed, such unfair practices shall be guilty of a violation of the 
 Code. 
 
 IluLE 1. Bidding heJow cost. — No member of this Division shall 
 submit bids on goods or services at a price which is below the reason- 
 able estimate of the sum of the following items of cost: 
 
 1. Materials. 
 
 2. Labor. 
 
 3. Job Expense. 
 
 4. General Overhead. 
 
 The labor item of cost shall include, in respect to labor services 
 or operations performed by any individual member of this Division, 
 or any combination or association of such individual members, a 
 charge computed at not less than the minimum rate of wage estab- 
 lished in or pursuant to this Code as applicable to the performance 
 of such services or operations by employees. 
 
 Job expense shall include all costs which can properly be charged 
 directly to individual jobs such as transportation and delivery of 
 materials, men and equipment; compensation and public liability 
 insurance; code administration expenses chargeable to the job; and 
 an appropriate allowance for the depreciation of equipment used 
 directl}'^ on the job. 
 
 General overhead. — Within ninety (90) days after its recognition, 
 the Divisional Code Authority shall determine the lowest reasonable 
 percentage of overhead costs during the period from 1927 to 1932, 
 which percentage, after approval by the Administrator, shall be 
 used in the formula specified above. It shall not include profit, 
 accounting losses, selling and administration expense, depreciation 
 on unused equipment, any return on invested capital, or interest 
 on borrowed money. Until such time as this percentage of overhead 
 be determined, it shall be assumed at ten per cent (10%) of labor, 
 material and ]ob expense.^ 
 
 1 Add following sentence : " It shall be a defense to any charge of violation of this 
 Rule if the party charged shall satisfy the Administrator that his bid was not less than 
 the reasonable estimate of any other member of the industry." (See par. 2 of order 
 approving this Code.) 
 
10 
 
 EuLE 2. 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 3'. Drops. — No member of this Division shall sell merchan- 
 dise of the classification known as " drops " without desigiiating 
 them as such. " Drops " are hereby designated as those materials 
 purchased as such from the manufacturer or discontinued by the 
 manufacturer while in the stock of any member or any stock held 
 by the dealer for a period of more than eight (8) months. " Drops " 
 may be sold at a price below the member's individual cost estimated 
 in accordance with Rule I of this Article and Section 7 (g) of Article 
 IV. 
 
 Rule 4. Regional imstallations. — No member of this Division lo- 
 cated in a specific region shall sell, supply or furnish any installation 
 of resilient flooring in any other region without compl3dng in every 
 respect with the provisions governing that region as provided by the 
 Divisional Code Authority and approved by the Administrator. 
 
 Rule 5. Terms of payment. — No member of this Division shall 
 sell on terms of payment other than the following : 
 
 (a") For all work terms of payment shall be net cash in full 
 within thirty (30) days after date of completion, except work as 
 described in the following paragraphs (b) and (c) of this Rule. 
 
 (b) On general contract work the terms of payment shall conform 
 to the terms of pajanent incorporated in the general contract. 
 
 (c) Whenever work is performed on a deferred payment basis 
 the actual cost of financiiig shall be added to the regular selling 
 price and paid for by tRe £U^h»ser. 
 
 Rule 6. Secret rel)ates. — iSro 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 
 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 7. False marking or hrandlng. — (a) No member of this Di- 
 vision shall falsely mark or brand any product of this Division 
 which has the tendency to mislead or deceive customers or pros- 
 pective customers, with respect to the grade, quality, quantity, sub- 
 stance, character, nature, origin, size, finish, or preparation of any 
 product of this Division. 
 
 (b) No member of this Division shall furnish merchandise pur- 
 chased as " seconds " or " mill remnants " without specifically desig- 
 nating them as such at the time of the sale and on the invoice when 
 rendered. 
 
 (c) No member of this Division shall remove or obliterate any 
 mark on the merchandise placed thereon by the manufacturer which 
 brands said merchandise as " seconds " or " imperfect ". 
 
 Rule 8. False or misleading statements. — No member of this Di- 
 vision shall make false or misleading statements preventing the fair 
 and impartial administration of this Chapter. 
 
11 
 
 Rule 9, Inaccurate odvertising. — 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 particular, 
 nor shall any member in any way misrepresent any goods (including 
 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. 
 
 RcTLE 10. Inace\irat€ references to competitors. — No member of this 
 Division shall j^ublish advertising which refers inaccurately in any 
 material particular to anj^ competitors or their goods, prices, values, 
 credit terms, policies or services. 
 
 Rule 11. Defaming competitors. — No member of this Division 
 shall defame or disparage competitors by falsely imputing to them 
 dishonorable conduct, inability to perform contracts, questionable 
 credit standing, or by other false representations, having the tendency 
 to mislead or deceive customers or prospective customers. 
 
 Rule 12. 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 
 any member maliciously interfere with or obstruct the performance 
 of any such contractual duties or services. 
 
 Rule 13. Standards of performance. — No member of this Division 
 shall knowingly violate the '' Standards of Performance " as set and 
 fixed by the Divisional Code Authority after such standards have 
 been aj^proved by the Administrator. 
 
 Rule 14. Fictitious quantities. — No member of this Division shall 
 use any quantity which he Imows to be incorrect, in determining the 
 cost of any job. 
 
 Rule 15. Grouping of jobs. — No member of this Division shall 
 group together two or more jobs, either directly or indirectly, to ef- 
 fect a price below cost for any individual job. 
 
 Rule 16. G oinmercicd. hrihery. — 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 emploj^ee, the principal of such agent or the 
 represented pal•t3^ without the knowledge of such employer, prin- 
 cipal, or part5\ This provision shall not be construed to prohibit 
 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. 
 
 Article VI — Modifications 
 
 Subject to the provisions of sub-paragraph (c) of Section 2 of 
 subdivision 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. 
 
12 
 
 Article VII — 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 un- 
 just or contrary to the public interest, the Administrator may re- 
 quire that such action be suspended to afford an opportunity 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 (30) days' notice to 
 him of intention to proceed with such action in its original or modi- 
 fied form. 
 
 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. Thereafter all who become members of this Division 
 shall likewise register with the Divisional Code Authority. Regis- 
 tration 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 exten- 
 sion of the time limit for the 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 — Price Increases 
 
 Whereas, the policy of the Act to increase real purchasing power 
 will be made impossible of consummation if prices of goods and 
 services increase as rapidly as wages, it is recognized that price 
 increases, except such as may be required to meet individual cost, 
 shall be delaj^ed, but when made such increases should, so far as 
 reasonably possible be limited to actual additional increases in the 
 seller's costs. 
 
 Article X — Effective Date 
 
 This Chapter shall become effective on the fifteenth (15th) day 
 after its approval by the President. 
 
 Approved Code No. 244, Supplemeut No. 10. 
 Registry No. 1020-02. 
 
Exhibit A — Kegional Divisions 
 
 For the purpose of the administration of the Resilient Flooring- 
 Contracting Division Chapter of the Construction Industry Cod", 
 the Divisional Code Authority shall divide the country into twelve 
 (12) tentative regional Divisions as set forth below: — 
 
 REGION NO. 1— NEW ENGLAND 
 
 Conneciicut. 
 
 Maine. 
 
 Massachusetts. 
 
 New Hampshire. 
 
 New York (the counties of Albany, Clinton, Columbia, Dutchess, 
 Essex, Franklin, Fulton, Greene, Hamilton, Rensselaer, Saratoga, 
 Schoharie, Sullivan, Ulster, Warren, Washington). 
 
 Rhode Island. 
 
 Vermont. 
 
 REGION NO. 2 — METROPOLITAN NEW YORK 
 
 Long Island and the counties of Westchester, Orange, Putnam 
 and Rockland. 
 
 New Jersey (the counties of Bergen, Essex, Hudson, Hunterdon, 
 Middlesex, Morris, Passaic, Somerset, Sussex, Union). 
 
 New York City. 
 
 REGION NO. 3 NORTH EASTERN 
 
 Delaware (the county of New Castle). 
 
 New Jersey (excluding those counties included in Region No. 2). 
 
 New York (excluding those counties included in Region No. 1 
 and Region No. 2). 
 
 Pennsylvania (the eastern portion of the State bounded on the 
 west by and including the counties of McKean, Elk, Clearfield, 
 Cambria and Somerset). 
 
 REGION NO. 4 CENTIUL ATLANTIC 
 
 Delaware (the counties of Kent and Sussex). 
 Maryland. 
 Virginia. 
 
 Washington, D.C. 
 
 West Virginia (excluding the counties of Brooke, Hancock, Mar- 
 shall, Ohio). 
 
 REGION NO. 5 — SOUTH ATLANTIC 
 
 Alabama. 
 Florida. 
 Georgia. 
 Louisiana. 
 Mississippi. 
 North Carolina. 
 South Carolina. 
 Tennessee. 
 
 (13) 
 
Arkansas. 
 
 Oklahoma. 
 
 Texas. 
 
 14 
 
 REGION" NO. 6 SOUTH CENTKAL 
 
 REGION NO. 7 — OHIO 
 
 Indiana (excluding the counties of Lake, LaPorte, Porter). 
 
 Kentucky. 
 
 Michigan (that portion east of Lake Michigan). 
 
 Ohio. 
 
 Pennsylvania (those counties not included in Kegion No. 3). 
 
 West Virginia (the counties of Brooke, Hancock, Marshall, Ohio). 
 
 REGIOX NO. 8 CENTRAL 
 
 Illinois. 
 
 Indiana (the counties of Lake, LaPorte, Porter), 
 lawa. 
 
 Ivansas (the counties of Atchison, Brown, Doniphan, Douglas, 
 Jackson, Jefferson, Johnson, Leavenworth, Shawnee, Wyandotte). 
 Missouri. 
 
 REGION NO. 9 NORTH CENTRAL 
 
 Michigan (that portion west of Lake Michigan). 
 
 Minnesota. 
 
 North Dakota. 
 
 South Dakota. 
 
 Wisconsin. 
 
 REGION NO. 10 — MID WEST 
 
 Arizona. 
 
 Colorado. 
 
 Kansas (excluding those counties contained in Kegion No. 8). 
 
 Nebraska. 
 
 New Mexico. 
 
 Utah. 
 
 Wyoming. 
 
 California. 
 Nevada. 
 
 Alaska. 
 
 Idaho. 
 
 Montana. 
 
 Oregon. 
 
 Washington. 
 
 REGION NO. 11 SOUTH WESTERN 
 
 REGION NO. 12 NORTH WESTERN 
 
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 UNIVERSITY OF FLORIDA 
 
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