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 the Code of Fair Competition for the Construction Industry, approved January 31, 1934, for approval of an Agreement between certain employers who are members of the Plastering and Lathing Contracting Division of said Code, and certain employees in the Region of the State of California, as defined in said Agreement, and a hearing having been held thereon, and the National Industrial Recovery Board having rendered its report containing an analysis of said Agreement, together with its recommendations and findings with respect thereto, and the National Industrial Recovery Board having found that said Agreement complies in all respects vith the pertinent provisions of Title I of said Act and of said Code: Now, Therefore, I, Franklin D. Roosevelt , President of the United States, pursuant to authority vested in me by Title I of the National Industrial Recovery Act, approved June 16, 1933, pursuant to said Code of Fair Competition for the Construction Industry, and otherwise, do hereby adopt and approve the report, recommendations and findings of the National Industrial Recovery Board and do hereby order that the said Agreement be and the same hereby is approved: Provided , that the National Industrial Recovery Board may provide such exceptions and exemptions from the operation of the provisions of this Agreement resulting from my approval, with or without conditions for the granting thereof, as appear necessary to effectuate the policies and purposes of the Act, or of the Code of Fair Competition under which this Agreement is made, or this Agreement, or to avoid undue hardship or hardships to any individual or individuals, and PROVIDED, FURTHER, that pending the establishment of a truly representative character of the sponsors in all the Region except in the Metropolitan Districts, as bounded in the Fifteenth Census of the United States, of Los Angeles, San Francisco-Oakland, Sacramento, San Diego, and San Jose, and in all cities of 10,000 population or more, as shown by the Fifteenth Census of the United States, and the territory within a radius of three miles of the corporate limits of said cities, or any part or parts thereof, and pending such hearing or opportunity to be heard at a reconvening of the hearing held at San Francisco, California, and recessed on October 31, 1934, or otherwise, as the National Industrial Recovery Board deems necessary and proper, and findings to such effect by the National Industrial Recovery Board, which findings shall terminate the stay herein granted for all or such part of the Region to which said stay is applicable, as the National Industrial Recovery Board shall find the sponsors to be truly representative, the operation of this Agreement, insofar as my approval is required, shall be and it hereby is stayed as to all parties proposed to be made subject thereto in activities thereunder except in the Metropolitan Districts, as bounded in the Fifteenth Census of the United States, of Los Angeles, San Francisco-Oakland, Sacramento, San Diego, and San Jose, and in all cities of 10,000 population or more as shown by the Fifteenth Census of the United States, and the territory witliin a radius of three miles of the corporate limits of said cities. FRANKLIN D. ROOSEVELT Approval Recommended: National Industrial Recovery Board By: W. A. Harriman Administrative Officer The White House April 10, 1935.
Executive Order 7010-B—Approving Agreement Between Employer Members of the Division of the Plastering and Lathing Contracting Division of the Construction Industry and Certain of Their Employees in the State of California
Executive Brief • At a Glance
The said Agreement be and the same hereby is approved: Provided , that the National Industrial Recovery Board may provide such exceptions and exemptions from the operation of the provisions of this Agreement resulting from my approval, with or without conditions for the granting thereof, as appear necessary to effectuate the policies and purposes of the Act, or of the Code of Fair Competition under which this Agreement is made, or this Agreement, or to avoid undue hardship or hardships to any individual or individuals, and PROVIDED, FURTHER, that pending the establishment of a truly representative character of the sponsors in all the Region except in the Metropolitan Districts, as bounded in the Fifteenth Census of the United States, of…
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Franklin D. Roosevelt on April 10, 1935, this order concerns Approving Agreement Between Employer Members of the Division of the Plastering and Lathing Contracting Division of the Construction Industry and Certain of Their Employees in the State of California. The said Agreement be and the same hereby is approved: Provided , that the National Industrial Recovery Board may provide such exceptions and exemptions from the operation of the provisions of this Agreement resulting from my approval, with or without conditions for the granting thereof, as appear necessary to effectuate the policies and purposes of the Act, or of the Code of Fair Competition under which this…
Key Directives & Operative Actions
The said Agreement be and the same hereby is approved: Provided , that the National Industrial Recovery Board may provide such exceptions and exemptions from the operation of the provisions of this Agreement resulting from my approval, with or without conditions for the granting thereof, as appear necessary to effectuate the policies and purposes of the Act, or of the Code of Fair Competition under which this Agreement is made, or this Agreement, or to avoid undue hardship or hardships to any individual or individuals, and PROVIDED, FURTHER, that pending the establishment of a truly representative character of the sponsors in all the Region except in the Metropolitan Districts, as bounded in the Fifteenth Census of the United States, of…
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."
James Madison
Separation of Powers & Legislative Primacy
"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)
Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.
Alexander Hamilton
The Energetic Executive & Unified Command
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)
Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Referenced By Later Executive Orders (2)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 7010 (Apr. 10, 1935), https://executiveordersarchive.org/orders/app-executive-order-7010-b-approving-agreement-between-employer-members-the-division-the.