NATIONAL RECOVERY ADMINISTRATION
C ODE OF FAIR C O MPE TITION
METAL WTINDOWV INDUSTRY
For sale by the Superintendent of Domuments, Washington, D.C. - Price 5 cents
SApproved Code No. 205
Registry No. 1122--1-01L
AS APPROVED ON JANUARY 13, 1934
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Approved Code No. 205
CODE OF FAIR COMVPETIT~ION
METAL WI1ND)OW INDUSTRY
As Approved on January 13, 1934
APPROVING CODE OF Fi"AIRB COMPETITION
METAL WINDOWr PIINDUSTRY
An application having been duly made pursuant to and in full
compliance w\ithl the provisions of TIitle I of the Nat~ionalIndustrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Compet~ition for the MSetal W~indow Inidustry, and hearings
having beenI duly9 held thereon a~nd the annexed report on, said Codet
containing findings withl respect thereto, having beenl made and
directed to the President:
NOWV, TH'3ERIEFIORE, on behalf of the President of the United
States, I, H3ugh. S. Johnson, Adlministrator for In~dustrial Recovery,
pursuant' to authority vested in me by Executive Orders of the Pres-
ident, including Exec~utive Order N~o. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said annexred
re~or~t and do find that said Code Complies in all respects with
the pertinent p~rovisions and will promote the policy and purposes
of said Tit~le of said Act'; and do hereby order that said Code of F~air
Competition be and it is hereby approved.
H3UGH S. JOHNSON,
Admi~n~istraftor for Inducstri'al Recovery.
~Approval recommendedll :
January 13, _1934.,
The White House.
SnR: This is a report on the Code of Fair Competit.ion for the
Metal WVindow Industry in the United States, as revised after the
hearing conducted in W~ashington on October 11, 1933, in accordance
with the provisions of the National Industrial Recovery Act.
PROVISIONS OF THLE CODE AS TO HOURS, WAGCES, AND GENERAL LABOR
This Code provides for a maximum work week of forty hours with
the following exceptions:
(a) Emlployees engaged as travelling salesmen or in a managerial
or executive capacity who earn not less than thirty-8ve dollars
($35.00) per weekr;
(b) Employees engaged in emergency maintenance or emergency
repair work and watchmen.
This Code establishes a minimum rate of payr for forty cents (404)
pr hour with t~he exception that clerical andi office employees shall
bepaid not less than at the rate of fifteen dollars ($15.00) per week
and, further, that superannuated employees may be paid less than
the minimum rate when employed on light work.
No person under sixteen years of age shall be employed in this
Industry. The Code provides that no employer shall reclassify
employees for the purpose of defeating the provisions of the Act,
and contains provisions for the posting of copies of the Code and
for th~e payment of all wages in regaular pay periods.
ECONOhIlC EFFECTS OF THIE CODE
According to the statistical analysis of the Division of Research
and Planning, the total sales of the products of this I~ndustry have
decreased from $33,440,000 in 1929 to $1,700,000H for thle first six
mlont~hs of 19337. The Industry is to a, large extent controlled by the
activities of the construction industry.
The data furnished to the Division of Research and Planning
would indicate that reemploymnent should be effected on the continu-
ation of the present volume of business. Further reemployment will
be dependent. on a~nd in direct proportion to the trend of general con-
str~uction. The minimum wage rate established in this Code should
increase the wages of approximately thirty percent of the factory
employees in this Industry, and, further, equitable readljustmient of'
wages is providedl for all employees receiving more than the
minimum wage rate.
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings mn this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Atict, including
~removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount' thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try' for thea purpose of cooperative action. among the trade groups,
by inducing and maintaining united action of labor and management:
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by
avoiding undue restrictions of production (except as may be tem-~
porarily required) ,by increasing the consumption of industrial and
agricultural products through increasing purchasing power, b
reducing and relieving unemployment, by impro-ving standards o
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs nlot more than 50,000 em-
ployees;; anld is not classified by me as a major industry.
t(c) T1he Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section1 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof ; and that the applicant' group is an
industrial group truly representative of the aforesaid Industry; and
that said group impJoses no inequitable restrictions on admission to
(d) The ~Code is not desi gned to anad wil not permit monopolies or
(e) The Code is not designed to and will not elimlinate or oppress
small enterprises and will not' operate to discriminate against them.
(f) TIlhose engragred in. other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
For these reasons, therefore, I have approved this Code.
IIUGII S. JoHNSON,
Jaw~uary 13, 1934.
CODE OF FAIR COMPETITION
METAL WINDOW INDUSTRY
AnzIcLE I -PURPOSES
To effect the policies of Title I of the National Recovery Act,
this Code is submitted as a Code of Fair Competition for the Metal
Window Industry, and upon approval by the President, its provi-
sions shall be the standard of fair competition for such industry
and shall be binding upon every member thereof.
ARTICLE 1- DE;FINITHONS
SECTION 1. The term Metal W~indow Industry or the In-
dustry ", as used herein, is defined to mean the manufacturing
and the selling and installing (by the manufacturer) of industry
SEc. 2. The term "L industry products as used herein is defined
to mean and include the following:
(A) Met-al windows, except that the following are not included:
(1) Windows constructed of metal-covered woodwork, and
(2) Windows of which the frame and/'or sash sections are con-
structed predomlinantly of cast metal or of structural iron or struc-
tural steel shapes, and
(3) W~indows of which the frame and/or sash sections are con-
st~ructed predomlinant~ly of nonferrous metal of specially designed
or dimensionedl frame and/or sush sections for a specific project.
(B) Hot rolled or pressed steel subframes and pressed steel stools
(manufactured by members of this industry), which are an integral
part of t.he metal window.
(C1) Mlechanical operators for metal windows.
(D) Industrial Type Steel Doors. The term industrial type
steel door "' as used herein is defined to mean and include a door con-
structed with the stiles and rails of cold rolled, drawn, formed or
pressed steel, or built.-up using hot rolled structural steel shapes, and
having a sesh panel consisting of a metal window (as described in
Section 2 (a) of thlis Article) together with a steel frame for such
door constructed of cold rolled, formed, pressed steel, or built-up
using hot rolledl structural steel shapes.
SEc. 3. The term "L member of the industry includes, but without
limtatonanyindividual, partnership, association, corporation, or
employer or on his or its own b~ehalf.
SEc. 4. The term "L member of the Code includes any member of
the industry w~ho shall expressly signify assent to this Code by sign-
ing alnd deh~rerng to the Code Authority- a letter substantially in the
form as set forth in Ait~tachment A attached hlereto.
SEc. 5. The term employee as used herein includes anyg and all
persons engaged in the industry, however compensated, except a
member of th~e industry.
SEc. 6. The term dealer includes, but without limitation,an
individual, partnership, association, corporation, or other form o
enterprise engaged in the purchase of industry products for resale.
SEO. 7. The term trade as used herein means all channels of
distribution for the products of this industry.
SEC. 8. The term Institute as used herein is defined to` mean
thie '"Metal W~indowF Institute."
SEC. 9. The term Commissioner refers to the executive of the
Institute then in ofic~ie who bears that title.
SEc. 10. The terms "Act anrd "LAdministrator as used herein
shall mean respectively Title I of the National Industrial ]Recovery
A9ct and the Administrator for Industrial Recovery.
ARTICLE III -~Houns
31 AXIIISIM UI OURS
SECTION 1. ~iO employee, except as hereinafter provided in the
Article, shall be permitted to ~work in excess of forty (40) hours in
anyT week (seven (7) day period) or eight (8) hours in any day
(twenty-four (24) hour period) or six (6) days ini any week (seven
( 7) day period), except that a tolerance not to exceed two (2) hours
in any day (twenty-four (24) hour period) may be permitted in
cases of special emergency .manufacturing operations for a specific
project under a specific and binding contract, provided, however,
that thle maximum number of hours worked in any one week (seven
(7) day period) shall not exceed forty (40) hours. In any such
special case all hours worked in excess of the normal, that is, eight
(8) hours in any- day (twenty-four (24) hour period), shall be re-
por~ted to the Code Authority- indicating the reason for and the num-
ber of emlployees engaged in such sp-ecial emergency manufacturing
HOURS FOR CLERICAL AND OFlFICE EMPLOYEES
SEC. 2. No person employed ini clerical or office work shall be per-
mitted to w'ork in excess of forty (40) hours in any week (seven
(7) day period), or eight (8) hours in any day (twenty-four ( 24)
hour p~eriodl), or more than twelve (12) days in any fourteen (14)
EXCEPTIONS AS TO HOUnRS
SEC. 3. TZhe provisions of this Article shall nmot apply to traveling
salesmnen or to persons employed in a managerial or executive cap~ac-
it~y who ear~n not less than thirty-five dollars ($35.00) per week, or
to employees engaged in emergency maintenance or emergency
SEc. 4. Employees engaged on installation work may be permitted
t~o work not in excess of fortyv (40) hours mn any week (seven (7)
day period), nor eight (8) hours in any day (twenty-fou~r (24) hour
period), nor more than five (5) days in any seven (7) day period.
SEc. 5. Employees engaged as watchmen at the establishment of
the manufacturer may be permitted to work not. in excess of fifty-six
(56) hours in any week, nor in excess of six (6) days in any wveek
(seven (7) day period).
EMPLOYMENT BY SEV'ERAL EMPLOYERS
SEC. 6. NO employer shall knowingly permit any employee to
w~ork for any t~ime which, when totaled withl that already performed
with another employer or employers in thiis industry, exceeds the
mnaximnum permiitted herein.
r hIINIMUM~ WAGES
SECTION 1. No employee shall be paid in alny pay period less than
at" the rate of fortyv cents (40C) per hour, except. as hereinafter other-
MINIMUM WAGES FOR CLERICAL AND OFFICE EMZPLOYEES
SEC. 2. NO ClerlCRI Or office employee shall be paid in any pay
period less than at the rate of fifteen dollars ($15.00) per week of
forty (40) hours, except that offce boys and/.'or girls under eighteen
(18) years of age sh~all be paid not. less than eightyS percent (809'o)
of the said rate. Such office boys and/or girls shall be limited in
anyl calendar month to one (1) for each twenity (20) office employees
emiployed by any one employer.
PIIECEWORK~ COMrEN'SATION-MI I N IM UM WAGES
SEC. 3. This Article establishes a miinimuim rate of pay which shall
apply, irrespective of whether an employee is actually compensated
on a time-rate3, piecework, or other basis.
0XTRTIM1E FOR EMIERGENCY WORK
SEc. 4. Emplloyees engaged on emergency maintenance or emer-
gency repair work, shall be paid at least one and one half (11/2)
times the normal rate for hours worked in excess of the eight (8)
hours in any one day (twenty-four (24) hour period), or forty
(40) hours in any seven (7) day period, as provided in Article III.
~Such overtime shall not exceed six (6) hours in any seven (7) day
period except in cases of emergency maintenance or emergency
repair work involving breakdowns or protection of life or property,
provided that all such cases of emergency work shall be reported
to the Code Authority.
EVASION THROUGH REEMPLOYMCENT
SEc. 5. No employees nowr employed at, t~he rate in excess of the
minimum shall be dlischarged anid re-emnployed at a lower rate for
the purpose of evading the provisions of this Codr
W'ACES ABOY\E TH-E MIN'IMUMi
SEC. 6. An equitable adjustment shall be madle in th~e wage differ-
entials for all employeesi Ireceivngr more than the nuinimum wag~e
as provided in this C'ode unless such adjustment. has already been
made, and in no case ,shall the wage dlifferentials be decreased. All1
action taken undcer this section shall be reportedly to thie Code
S~Ec. 7. Female emplloyees performing substantially~ the same work
asi male employees shall receive th~e same rate of pay~ as ma~le em-
S~c. S. A~ person wThose earning capacity' is litalitedl because of
age or p~hysical or mnental ha~nd-icap, ma be emp~loyed on light wTorkr
at a wTage below\ the minimum established by? this C'ode if the em-
ploy'er obtains fr~omi th~e State Authorit cty dsignatedl by~ the Un~iited~
~States Department of Labor a certificate author~izingg his employ-
ment at sulch wages andi for Nlchh hours as shall ber stated in the
certifiente. Each em~ployer shall file writh the C'ode Authocrity a list
of all suc~ persons em~ployed byI~ himn.
ARTICLE V--GENERAL LanonR PRov.ISloh's
SECTION 1. NO personi underi sixteeni (16) years1 of age shlnl be
emnployed in the indus~try?. No person undler eighrlteen (18) yea~r; of
age shall be emp~loyed at operations or occupations w-hich are~ hazard-
ous8 in nature o~r dlangjerous to health. The Codle Author'ity shall
submit to th~e Admin~istratoor w~ithin 30 dayvs after th~e effectiver date
of this Code a list of uch operations or occupations~i. In any State
an1 employers sh~all be dleemied to halve complied~ w\ith this pr~ovision
as to age if he shall have on file a c~r~tificate or permit duly issued.
by' the Authority inl such State empowser~ed to issue emnploymient or
age certificates or nprmnits s~howngr; that the employee is of the
requ iredl age.
PROVISIONSi FROML THE~ ACT
SEC. 2. In compliance Wltl~ SectiOH 7 (n) Of the lict It is IpPOVIded:
(a) That employees shall have the right to organize andt barguin
collective~ly, through representatives of their ownl choosing. anld shall
be free from the interference, restraint, or coercion of em~ployers of
labor, or their agents, in the designation of such re~r~esentatives; or
in self-organization, or in other concerted activities for the purpose
of collective bargiaining or other mutual aid or protection, andi
(b) That no emlployee and no one seeking employment shall be
required as a condition of employment to join any company union or
to refrain from joinmng, organizing, or assisting a labor orgamiza-
tion of his own choosing, and
(c) That employers shall comply with the maximum hours of
Inbor, mninimium rates of pay, and other conditions of employment
approvedl or prlescribed by thle Pr~esident.
RECLASSIFICATION OF EMTPLOYTEES
SEC. 3. NO empiloyer shtil reclassfy employees or duties of occu-
pations p~er~formied for the purpose of defeating the provisions of the
Act or of this Clode, nor shall any eployervP engage in any other
suibter~fuge for this p~urpose.
STANDARDS FOR SAFEITY AND HEALTH
SEC'. 4. Every employer shall make reasonable provisions for the
safety and health of his employees at the placep andl dring~ the hours
of their employient. Standards for safety and health shall be
submitted by the Code Authority to the Admninistrator within sixty
(60) days after the effective date of this Code.
SEC. 5. No provisions in this Codle shall supersede any State or
Federal law w~hich~ imposes on employers more stringent require-
ments as to age of emuployees,, wages, hiour~s of wrork, or as to safety,
health, sanitary or general working conditions or insurance, or fire
p'rotectiorn, than are imposedl by this Code.
SEc. 6. On andi after the effectivee date of this C~ode all employers
agree to polst, and kteep, postedl il~n c'esible places in their offices and
fator~ies all p~rovisionis of thlis Code wrhichl affect hours of emiploy-
mlenlt, rates Of payv, and all other labor provisions.
PAYMENT OF W'AGES
SEC. 7i. Aill emptloyers shall mlake payment of all wnges due in law-
ful currency or by negotiable ch~eek ther~efor, payable on decmand.
Wages shall b~e ~aidl at. the end of each weekily period. These wrages
shall be exemnpt fromt any paymernt for pensions, insurance, or such
benefits other thaon those voluntarily paid by emp~loyees. Emlployerss
or their agents shall not accept., directly or indirectly, rebates on such
wages or give any~thingS of value nor extend any favors to any person
for the purplo'e of" influencinga rates of wages or working conditions
of their employees.
The provisions of this section r~egarding payment of wages at the
end of each w-eekly period shall not apply to persons employed in a
managerial or executive capacity whio earn not less than thirty-five
dollars ($35T.00r) per weeek, nor to persons employed in clerical or
office work. The wages for personls emiployedl in elerical or att~ee
wor~k shall be paid at thle endl of pay per1iodl s not to exceed bi-mionthly
ARTICLE VI-OHGANIZAZ.- TION,, POWERSC, AND DI'TIES OF THE (CODE
ORGANIZATION AND CONSTITUTION
SECTION 1. A Code Auth~ority i he~reby constitulted to cooper1ate
writh the Admllinistrato r inl the admiinistr~ation of this C'ode.
SEc. 2. The Code Author~ity shall consist of six (6) mlemlbers of the
industry, to be elected as follows~:
Rtllembes of the indlustry~ shall elect the indullstry\ mlembers~'~ of theC
Codle Authority by~ a majority vote of the mnemibers of the industry,
pirovidled, hiowever, that fiv'e (5) of such mlt111ember of thle Codle Au~I-
thority' shall be dir~ectors~, offiers~, or executive of membiilers of the
Institute, andl one (1) such miemnbe r of th~e Codle Authflority' shall be
elected fr~om the directors, officers. or exrcuitives~ of a noiiinember o~f
the Instituite, if' any,~ except that in thle evetnt not less thian erighty
p'ercent (80'h) of the memlbers of thev induxtry alre also memllbers ofJ
the Insti'tute, then all ther members of thie C'ode Authority mia~y be
elected fr~om the memiibers~ of- thle Institute, mul pr~ovidet flr~therl, that
not more than one (1) suchi Institute indlustry mem~riber of thle Code~
Author~ity shall be electedl from the nine memiber of the industry.
S'EC.. 3. The Iinsitulte isIS 110P~\h designaltecl as tle agencyr to coH-
durct an election of thle mlr~ember of thle Codle Authority\ w-~ithin ten.
(10) dags: after the efftc~tiv.e date of this C'ode, andc any. other elections
of members of thle Cod~le Authorjity which~ may~ thcrerafter' be held.
111emlbers of the Code Auth~orityl shall1 be elecctedl to serve for a term11
of one (1) yeiar or until th~eir~ succesisors~ arec elected at th~e next annual
meetings of the miembers~ o-f thle ind~ustry~.
Inl thle event of any vacanlcy~ in the mlember ~'hip~ of th~e Clode AuI-
thlority,, a special mleetinga of the mlember~l s of thet inldustry~ for an
election to fill the incompillete sterns of such~ member1tlS shall b~e called.
Notice of thle timue and pheec of each election s1hall b~e sent by reg~is-
tered mail to all members of th~e inidu-try at least" ten (10j) dayS~ in
advance of sulch election, andl voting at- such election mayg be by
p'er~son, by proxy~, or by~ letter~ ballot. Not moc.re than one (1) r~epre-
setntative of each mlembler of th~e industry$ sh~all vote at anyr election.
Eachi members of the ind~ustr~y shall be entitledl to one vote for ench
one hunldred thou1sand dollars ($100,000)~ of nert sales of industry
products in the previous calendlar yeari, pr~ovided that no such neml-
b~er sihall have more than three (;3) votes, andl provided further', thant
each mlember~tl shall h~ave at least one vote, ilrresp~ectiv'e of th~e amount
of net sales reportedly.
SEC. -. In RdiltlOD to mermbership as above providedl, there maiy
b~e three (3) members, without v-ote, to be appointed~ by the Adminii-
istrator to serve for termis of from six (6) months to onie (1) year
so arranged that the termiis do not expire at the saml1e time. SuIch
representatives, togcthler withl the Adminisiitrantor, shall be given
notice of, anid miaYY sit at, all mieetings of thle Code Author~ity.
SEC. 5. The Institute shall (1) impose no inequnitable restrictions
on membership, and (2) submit to the Administrator true copies of
its articles of asociation, bylaws, regulations, and any amendments
when made thereto, together with such others information as to mem-
bership, organization, and activities as the Administrator may deem
necessary to effectuate the purposes of the Act.
SEC'. G. In order that the Code Authority~ shall at all times be truly
representative of thle industry and in other respects comply with
the provisions of the Act, the Adminlistrator masy prescribe such
hearings as he may dleemn proper; and, thereafter if he shall find
that the Codle Authority is not truly representative or does not in
other respects comply with the provisions of t~he Aqct, may~ require an
appropriate muodification in thle method of selection of the Code~
SEC. li. nlenmi)OPs of the industry shall be entitled to participate in
and sh-are thie benefits of the activities of the Code Autfhority and to
participate inl the selection of the members thereof by assenting to
and comiplyringr with~ thep requ~rements of this Code andl sustaningn
their reasonable share of the expenses of its admin~istration.n Such
reasonable shalre of the expenses of administration shall be deter-
mninedl by the Codle Aluthor~ity, subject to review by the Admiinistrator,
on the basis of volume of business and/~lor such other factors as may
be dteemled equ~iitable.
Seec. 8. Nothing contained in thiis Code shall constitute the mieml-
bers~ of thle Code A-uthorit!' partners for any purpose. Nor shall
any- membler of the Cod-e Auithor~ity be liable in any m Ianner to any-
one for' ainy act of any other mnemnber, offcer, agent, or emnploygee of
thc Codelt Auth~ority. Nor~i shall any' member of the Code Aiuthority,,
exer~cisincg rensoinable dilirenice in t-he conduct of hiis duities here-
under. be liable to alnyone for any action or omnission to act under
thiis C'oder. cep-t for hii; own' willful mnisfeasaBnce or nonfensance.
POWERS AND DUTIES
S~c. 93. Thle Codle Aulthority shall have the following further
power~l s and( d~uties, ther. exer~cise of which shall be subj~ct to the right
of the ~dmiinistratocr. on r~eviewr, to disapprovile.
(a) To execute thec provisions of this Code andl provide for the
comnpiaance o~f ther indtustry with the prlov'isions of t~lhe ACt.
(b) To adopt bylaw~s and rules andl regulations for its procedure
andc for~l t~he ach ninistra;;ltion and enforcement of the Code.
(c') To ob~tain fromn members of the indlustry such information and
reports as are requriredt for the administration of the Codle. No in-
dliv-idual reports shall b~e disclosed to any other member of the in-
duistry' or any others par~ty except to such governm~ental agencies as
mnay be dlirectedl by the A~dministrator.
((]) To use the'Metal W'indow Institute and 'or such other agency
as it deems prop?~er for the c~arryingr out. of any of it-s activities pro-
. vided for hierein, p~rovid~ed th~at. nothing herein shall relieve~ the Code
Authority of its duties or responsibilities under this Code and that
such trade association andl. or agency shall at all times be subject to
and comlply w~ith thie prov-isions hereof.
(e) To make recommendations to the Adicnisl~rtorto for thle co-
ordination of the adminiistration of this C~odec wFith sch~1 other codecs,
if any, as mnay be related to the indlustry.
(f) To secure fromi members of the indcustry an equitable and pro-
p~ortionate p~aymert. of the reasonable expenses of mnaintiningii theo
Code Authorityr andc its activities.
(g) To cooperate with the Admninist rator~ in regulantinlg the us~e of
any N.R.A. insignia solely by7 those mnembecrs of the indurstry w~ho
have assented to, anlnd~ are complyi~l~rngith, this C'od.e.
(h) To recomlmend to the Admllinis~trator further fair tradle praeo-
tice pr~ovisionls to govern mlemlbers of the indcustry inl their relations
withi each other or with~ others industries andc to recommends~ to th-le
Admninistr~ator mleasures for industrial p~lanning, including stab~iliza-
tion of emiploymrent, providedl thant no members' of the industry shall
have the powrc~ to investigate d~irectly~ the manufueturll ~ing pocedure
of any other mnem~er' of the inidusitry! without the ."consent. of suchn
ArTICLE ~I I-TRA~DE-PRA~CTIICE rULES.I
ForJ1 all pu~rposes of thle Codte the acts d~escribed~ in this Ar~ticleI
shall constituted unfair practices. Any' menberl osf the industry who
shall, directly or indlirectly, througl~rh any! office, employee, agRent,
or r~epresentativc knowinlgly use, employ, or' Ipermlit to be emp~loed,
any of such ulnfair prac:1(ticesP )1 shal beguilty of a violation of the Cotde.
Rue .SeliIbe;low ros.-t-No membel~r rof the Indusltry cshall seill
any indlustry! product at a prlice~ below- his o~wn inlivic dual cost. Howv-
ever, any member may melet the price comll~petition of anyone whose
costs under the CodeC nele flower.
Pursuant to- the provision, o~f Article VI, the Code Anlthnrity
shall formulate or causle to be formnulatted standarlnd miethiods or sys-
temi; of cost necountingr for ut;e in thisi indtustry, w\hic~h micthodsc~ or
systems shiall ber adap-table to the cost ne~counting p~lrcedurlre of and2
to the business of th~is industry. Suc~h melcthodsl or ~Systems1 -hall
spec"ify the factorsj that shlfl de~term~ine thle coe-t for each mnemlber of
thle industry pjursuant to the provisio-ns of thlissct.Cionl. Upon~l ap-
proval of suich megthod s or. systems by3 theAm itrtrte Cocd e
ALuthority shall furniish! to enlch memiiber of thle ;industry' complete
details of suc~h methodl s or systems.~ Therlen fter.,in dettermiining costs,
each member of the indlustry shalll use a cost-necountiner syStem~r
wThich~ shall conformi to andl le at least as c-omplletee and detailedl as
th~e c~ost-ac~countine methiodl or, systemi recol~nunended~( by the Coderl
Auithority andl a pprlov'edl by the Ad!miiist rator.
Rule 2. Pr~ice- Di!,iilrri ;ctaion.-A~ny discrimlinatioon in price for
indlustry products between pulrchansers of thle samle g-rade, qruality, or
quantity of p~roduicts soldl, after making1 dune allowanle for~ cost. of
fbieiintion, selling, servicinlg, and tranlspojrtationI i'; an unfair methodl
Rule 3. Secret.. Heibates. The secret l". payme or allowa~nce of
rebates, refunds,? commisiiisio ns, or unearnedc disicounts, whether in
t~he formn of mioney or otherw~ise, or secretly extending to certain pur'-
chasers s-pecial services~i, credit allowanices, or otheri privileges, with
the intent and/or effect, directly or indirectly, of selling industry
products at terms mnore favorable to the buyer than the discount
schedules and/or terms and conditions of sale filed with the Code
Authority is an unfair method of competition.
Rule 4. Commllercal Briber~y.--No member of the industry shall
giv-e, permit to be given, or dlirectly offer to give, anything of value
for the purpose of influencing or rewarding the action of any
employee, agent, or representative of another in relation to the
business of the employer of such employee, the principal of sii'ch
agent or the r~epresent~ed party, without the knowledge of suich
employer, principal? or party. Commercial bribery provisions shall
not be construed to prohibit free and general dtistributioni of articles
comnmonly used for advertising, except so far as such~ articles are
netually used for commercial bribery, as hereinabove described.
Rule 5. C'ontinrgentf qIotationsj.-M~ak ing the accep~tance of any
separately priced non~industry mafterial in a quotation for industry
products o r the mnakingr of anothie qluotation for a nonindustryr
maiteriail conltingett uipon the acceptance of a quotation for industry
products, whlere thle purpLose or the effect thereof is to secure to a
buyer a special prie, is an unfair methhod of competition.
Rule 6. C'omlbinec d Quotantionls.-Nho miemnber of th~e industry shanll
combine thle requirements for the products of this industry for two
or more distinct andt separate projects in one quotation to the same
purchaser for the purposeP and with the in~tent of c~oncealing the
true selling price for thle products of each or all of such projects.
Unditer thiis sectionl a ~r~oject shiall be considered dlistinict andc separate
fr~omi anothier project unless constructed on the samle site and the
awardcIin(, outhor~ity, including the owner, and his agents (incrluirngr
th~e a~c~hitec~t andl thle engineers) are thle samie entities.
Ru~ler 7. Subtittiffio nl of Ma1~ter)ial.s.-Deliberate departure fr~om
plans and specifications whien quoting on contrneet requirlement if
mIadle for thle purpose or w~ith thle effect. of misleading thle buiyer
a~s to the grade, quality,. or quantity of prodc-ucts offered or sold,
or the quotation of any substitute mnaterial without clearly iderntifyr-
ing the nature of such substitute mauteriail, is an unfair method -of
Rule 8. Illursory~ Contrlacts.--Th- e postdating or predating of a
quotation, contrnet, whether written or verbal, invouice or receipt, the
w\ithholdinga frolm or inserting in a cont~ac~t or inv-oice facts wrhichi
mnake it a false record, wholly or in p~art., of the transaction r~epre-
sented onl thle face thereof, and/ior entering into a contract for induis-
try produclrts for theP npuSpos of avoidilng onle'S obligations under
Article V'III is an unfair trade practice.
Rule Z). C'om~binatrfcion Saes of Indutlrsiy arnd NZon1-lIndsry~l Prod-
vets.-Noo member of the industry sh~all combine quotations for any
prbodct of this industry with any quotation for any other material,
labr, r srvie, or purpose and with thie intent of concealingr
the true selling price of the product of this industry.
Rule 10. Induicin g BR1each of Cont~racts.--No member of the ini-
dustry shall induce or attempt to induce the breach of existing con-
tracts between members of the industry and their customers, or
interfere with or obstruct the performance of any such contractual
duties or services with the purpose or effect of hnnipering, injurii~ng,
or embarra~ssinga comnpetitors in their business.
Rule 11. Defamatifon~ of C'ornpetito rs.-N~.-o member of thle inldust~ry
shall defamne or dispnrage competing mnembers~ of the industry by
falsely imiputing to then dishlonorable conduct, innhility to performs
contracts or to make dleliveries, questionabtlle credit stand~ing~, or by
other false reports hav\inga the tendency to~ miisleal oir eceive cus-
tomners or p~rospectiv~e customers.
Rule 12. Eniticeentcn of Emlployees.~.- No'( mn~llemb of the indc~ustr~y
shall maliciously entice anl employee or r~eprese~~ntative of a competi-
tor f~om h~is emp~loyment for the pulrpose or' effect. of inrjuring~ or
emibar~rassingr Such a comlpetitor in hiis busiiessi. Nothing hiereini
shall pr~event an emiploy~ee or r~epresenltattive fr~om1 offer~ing his s~r~v-
ices to a competitor nor prevent any member fromii emplloying an
emiployee of another member whler~e the initiative for iich change of
emnploymnent comes from the emiployee or repr~esenitativr.
Rule 13. B~lack/,listing.-NoTC membertit of thre indlustryr shall joinl or
participate withl other miem her'ss of the industry whlo with such
mlembller constitute a substantial number1 of mnemlbers of the industry
or who together control a substantial Ipercent of the business in any
specific product or products of the industry, in any transaction
krnow-n il n la as a black~list, inlcludling any practice or. device (siuch-r
as a wThite list), whlich1 a~compI~lishes t~he~ pulrposCCe f a blacklist.
Ru le 14. In accurate~ A ~d lretf ;isn.--No, emnbe r o f thIe i nd ustry
shall purblish~ adv\ertisingf (whlether prinlted,? radlio, dlispjlay, orI any
other nature) wrhich is miislead~ing or inaccurate in any maiiterial
particular, ior shall aiiny emberl~ in any wTay mlisrl~ll~~eplre any
goods (including, but w~ithouit limiitations, its use, ti'rae miarkl, gradetl,
quality,? quantity, origin, size, substance, churne~ter, naturec, finish,
material, content, or preparationsn) or cr~ed~it termsn, vanlues, policies,
service, or the na3ture or' formll of thle business cond-uctedl.
Rule 15. Ina7CCurlate Ref'crcnceis to Comipetfitora, etci.--No mimbe~r
of the indlustry shall publish advertisi ng w~hich1 rePfer~s innecuratelyl
in aiinymteriai l particulai to any compettito rs~ or thei ir gods, prlices,~
VRIUBrs, credit (Pei~iS, ~iolles, Or EPPV'\ICeS.
Rule 10. OtheilCr Efair TIrade Pi~ractiep. -Noith~ino- in th~is cod~e
shall limiit. ith etl'ect of any adjudication by the Corur~ti or iolldiing by
th~e ~Federal Trade Comii ss~i~i onl on C'omplainit, finlding~, and border
that any' practice or m1ethod~ is unfair, prov!\iding that suchl ad~judci-
ention or holding is not incons~istent with anyi) provisioni of the Alct
or of' this~ Code~.
ARTICLE V~III--PUI uLCrry or PH:ICES, TERMS, AND, CO)NDITIONSY OF
SECTION 1. \fitlill fifteen (1.i) dBYS~ after tile rffec:tiv~e eate Of
this Code each mnlnembe of the indcustt iv shll Hi; andi~ Ihall main~rtain
on file w-ith thle Code Althlority', or' withl sulch agn~cyl as; the C'ode
Authority may designate, a full and comnplette -rhedul~ e of its d~is-
counts f.o.b,. ship~ping pc:init andc terms andc- conditions of sale~ andi
installation to its tr~ade for:
(a) Industry products malnufacturedl of teel, and~
(b) WPindow screens (steel, aluminum, or bronze.) which are
an integral part of a metal window and sold and 'or installed
as a part. of an industry product.
and whichi are: generalized on pages 100-106 incl., of Section I '" Gen-
eral Information ", dated MIay 1, 1932, and which discounts, terms,
and conditions of sale: are 'applicable to thle Gross List Prices
(a) Siection Il'. Sub-frames ", pages 401-403 incl., dated
Alug. 1, 1933 ; and
(b) Section 1'. 1'arious and Special ", pages 501, 551-554
incl., datedl Aug. 1, 1933 ; andl
(c) Sectionl VI. PiVOtedZ W\indows ",~ pages 600-607 incl.,
dated M~ay 1. 19321, pages 651-652, dated Aug. 1, 1933, pages
653-654, dlated May~ 1. 1932, pages 655-656, dlated Aug. 1, 1933;
(d)j Section 1'II. Commercial Projected "', pages 700--7~03
incl., pages r51-r59. d~atedl M~ay 1, 1932, and page 753, dlat~ed
Aug. 1, 19:33; and
(e) Sectionl VIII. i' Architectural Projected ", pages 800-801,
851-859, danted May~ 1, 1932; and
(f) SectionIX."Cniuu idw ", page 900. dlated
M~a.v 1, 1939 ; anld
g)Section X. M~echanical Operator~s ", pages 1000-1003
incl., dlatedc M~ay 1,1932, pages 100!5-1006, datedl Aug. 1, 1933;
(h) Sectiorn XI. Doors ", page 1100!, tlatedl May 1! 1932,
pages 1101-1101 incl., pages 1110-1112 incl., pages 1120-1122
(i) Sectionl XII. Detention W~indows ". pages 1201! 1225-
1229. inicl., 195-19i54 incl., 1275-1978 incl., dlated Aug. 1, 193:3;
(j) Sectiton XIII, Spring-balannce W~indow~s pages 1301-
1304,l incl., 1351-1354, incl., datedi AugI 1, 133; and
(k) Sectioni XIl', -Double-huing W\indows ", ~ages 1401-
14106. incl., dfatedl Aug. 1, 1933; and
(1) Section X1'. Basement W'indlows ", page 1501, dated
Aug. 1, 1933; and
(ml) Section X'I,"Light Casements '!, pages: 1601-1603,
incl., 1605, 1651, 1052, dlated Aug. 1, 1933; and
(n) Section X'II. Intermnediate Casements ". pages 1701-
1704. incl., 1751-1758i, inicl., dated Aug. 1, 1933; andl
(0) Section X'III. Casement Projected ", pages 1801-1804,
incl., and 1851, dated Aug. 1, 1933; and
(p) Section XIX, Casement. Ciombinat.ion ", pages 1901-
1906, incl., dlatedl Aug. 1, 1933; and
(q) Section XX, Heavy Casements ", pages 2001-2011, incl.,
dlated Aug. 1, 1933; andc
(r) Section SXXI. Insw~ing Casement Combination "', pages
2101-2104, incl., 2151, 2152. dated Aug. 1, 1933; and
(s) Section III, Screens ", pages 301--319, incl., and pages
351i and~ 352, danted Aug.r ~1 1933,
which sections are part of a Schedule. of Gross List Prices issued by
the Mletal Window Institute, a copy of -which has been filed with;
the Administrator, and is incorporated in this Code by refernce.
SEc. 2. Copies of all such schedules of discounts, terms, and condi-
tions of sale shall be immediately distributed by the Code Authority
to all members of the industryS and such schedules of discounts, terms,
and conditions of sale, and thle L Gross L~ist Prices as heretofore
mentioned shall be open to inspection at all reasonable times by any
SEc. 3. Each nember of the industry may fCile with the Code Au-
thority a revised schedule of discounts, terms, and conditions of
sale from time to time thereafter, provided, however, that suchi
revisions shall be filed on the tenth (10~th) day in advance of the
effective date of anly such revision.
SEc.. 4. Copies of all such revised discounts, termss, anld conditions
of sale shall be immedliately distributed bythe Cod~e Authority to
each member of thle industry, wvho may thereupon file a revision
of its schedule of discounts, terms, and conlit~ions of sale on file,
and applicable to the industry products involved, and such revisions
shall become effective upon th date wr~hen thre first such revised
schedule shall go into effect.
SEC. 5. All such schledules shall includ-e, all discounts, terms, and
conditions of sale to each of the members' class of trade, provided
however, that no schedule shall provide for prices less than the mem-
ber's individual cost as determined by Rule 1 of Article V~II, unless
such schedule is filed to meet the lowcler cost of a comprt~itor, pur-
suant to the provisions of Rule 1 of Article VII hlereof.
SEc. 6. Atll discount, schedules so filed shall follow the uniform
oultline for pubilish~ing discounts as nay herue afthe ir be aoted by
the Code Authority as most appropriatefousinhemrtngo
the industry products included in t~he Gross Price L~ists.
SEC. 7. Members of the industry shall ~file and maintain on file
list prices, together with all discounts, terms, and conditions of sale
applicable thereto, in the same manner as described in the foregoing
sections of this Article, for a.11 industry products not nowf included
in the "i Gross List Prices covered. by Section 1 of this A~rticle and
specifically including industry products which may subsequently be
manufactured byv members of this industry anld included under
Section 2 of Article II.
SEC. 8. NO member of the industry shall sell or offer for sale any
industry product to which such discounts apply at such, prices or
on such terms and conditions of sale as will result in thne purchaser
obtaining such product at less than the prices determined by the
discounts previously filed by such member, or on mIore favorable
terms and conditions than the terms and conditions of sale previously
filed by such member, in accordance with the provisions of this
Article and in effect at the time of such sale.
SEC. 9. NO member of the industry shall render a~ny service, other
than advice or consultation, to any purchaser of any industry prod-
uct, in connection with the sale or installation of any such product,
unless a schedule of such services shall have been previously fled
with the Code Authority, pursuant to the provisions of this Article,
and unless fair compensation for such services shall be paid by the
pu rch aser.
ARTICLE IX-ITNSTALLATION FIELDD ERECTION)
SECTION 1. The industry submits that one of the serious abuses
affecting it in the past has been the faulty installation of industry
products by nonmembers of the industry, for which members of this
industry have been called upon to bear responsibility. To remedy
this abuse it is provided that members of the industry shall include
the installation (field erection) of the products of this industry, in
all quotations and,'or contracts for the sale of such products in excess
of $3,000.00 for Light Casements, $2,000.00 for Double Hung Win-
dows, and $1,000.00 for all other products (all based on the net
f.o~b. selling price to the trade quoted as provided herein by Article
VIII), except that the installation (field erection) of the following
classes of industry products is not required to be included in any
quotation or contract involving such products, regardless of the
amount of such quotation or contract:
(a Pressed Steel Subframes, Section IV,
Cb Commodity Stock and Commlodity Standard prod-
ucts when sold to dealers, and
(c) Industry products manufactured and introduced by a
member of the industry under an exclusive patent, or controlled
and manufactured by a member of the industry under a license
by a patente,
which classification of products are identified by the schedule of
L" Gross Price List mentionedl herein in Article V'III.
SEc. 2. It shall be one of the duties of the Code Authority to
studyr conditions in the industry with respect to the problems of the
proper installation (field erection) of industry products and to sub-
.mit to the Administrator within ninety (90() days after the effective
d ate of thie Code, its recom men dation s conce rn inIg such p problem and
the operation of the provisions of Section 1 of this Article. The
Admlinistrator may, thereupon, if he deems it necessary, provide a
hearings to further determine whether the provisions of Section 1
are effectu~atingr the policies of the Act a~nd, thereafter, if hie finds
that such'I provisions, either in whole or in part, are not effectuating
the policies of the Act, may require an appropriate modification, or
thle elimination thereof.
ARTICLE X--L. aso PRCovISIO~s FoR INSTALLATION (FIELD ERECTION)
Members of thle Inidustry engaged in installation (field erection)
of the products or comnmodities of this Industry, shall be governed
by the hours, wages, and other labor provisions of such approved
code or codes for t~he construction industry as may be applicable
thereto, to be determined, in cases of doubt, by the Administrator
after such notice and hearing as he may prescribe.
ARTICLE II--FENALTIES AND LzoomATET)D IMAGES
SECTION 1. Any violation of any provision of this Code by any
member of the industry shall constitute a violation of thme Code by
SEc. 2. Recognizing that the violation by any member of th~e Code
of any of the rules of fair. competition expressed in Rules 1, 2, 3,
4, 5i, 6, 7, 8, 9, and 10 of Article VII, in Sections 8 and 9 of Article
VIII, and ~in~ Section 1 of A~rticle IX~E of the Code w~ill disrupt the
normal course of fair competition in the industry and undermine
the fair wages and reasonable working hours herein lundertaken,
besides inflict~ing serious dlamagaes on other members, and that it
will be impossible fairly to assess the amount of such damage to
any individual member of' the Code, it is hereby agreed by and
among all members of the Clode that each member of the Code w~ho:
shall violate any' of the~ above enumnerated rules of fair competition
shall pay to the Commissionier, in trust, as and for liquidated dam-
ages, a sum equal to not more than twenty percent (2070) of the
eross amount of any contract or order for industry products tuken
in violation of any~ such rule or rules. Such funds shall be applied
to the administration of t~he Code. The Code Author~ity, by the;
affirmative vote of two thirds, may waive any liability f or such
liquidation damages as may be imposed by or pursuant to this pro-
vision of the Code, if,. in its discretion, it so decides that such viola-
tion wPas innocently made and that the collection of such damage
is not necessary in order to effectuate the policy of Title I of thme
National Industrial Recover~y Act.
SEc. 3. Every member of the Code shall sign and transmit to the
Code Authorit~y a letter in the form set forth in ALttachment A
SEc. 4. The penalty for violation of provisions of the Code by a,
member of the Clode other than those above enumerated shall be as
provided in the National Industrial Recovery ~Act.
ARTICLE XII-MmrOD IrrCB oN
SECTION 1. This Code and all, thme provisions thereof are expressly
made subject to t~he right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the NJational Industrial
Recovery Act, from time to time to cancel or modify anordr
approval, license, rule, or regaulat~ion issued under 'Title Iof rethe
said Act and specifically, but without limitations, to the :righmt of the
President to cancel or modify his approval of this Code or any
conditions imposed by him upon his approval th~ereof.
SEc. 2. This Code, except as to provisions required by the Act, may
be modified on the basis of experience or changes in circumstances,
suchl mlodiflention to be based upon application to the Administrator
andl such notice and hearing as he shall specify, and to become
effective on approval of the President. Any such application may
be made by the Code Authority.
No provision of this Code shall be so applied as to permit monop-
olies or monopohistic practices, or to ehnuinate, oppress, or diseruzu-
nate against small enterprises.
In addition to information required to be submitted to the Code
Authority, all or any of the persons subject to this Code shall furnish
such statistical information as the Administrator may deem neces-
sayfor the p purposes recited in seton 8J (a) of the Act to such
edral and State Agencies as the Administrator may designate;
and nothing in this Code shall relieve alny npersn of a~ny existing
obligation to furnish :reports to government agencies.
AnICLE XV-SunsmzRY COMPANIES
Corporations or firm shall be considered to be affiliated to any
member of the industry calledd the parent corporation ") when
the latter, either directly, or through any intermediate agency, owns
a majority of the outstanding voting capital stock of the alliliate.
Anly such parent corporation shall be :responsible for the observance
by any affiliated corporation of all appropriate provisions of this
Anneran XVII-REGISTRATION OF AEM~BBERS OF THE TND~USTRY
Each :member of the industry shall within thirty~ (30 days of
the effective date of this Code register with th CdAuthority.
All members of the industry who may engage ini th industry there
after shall likewise register with thre Code Authority. Registration
of a member of the inutyshall include the full namme and mailing
address of thae member. Tetime limit for th registration by any
member of the industry may be extenIded whenever, in the opinion
of the Administrator, the tim as provided hzerin might cause an
injulstice to anly mlem~ber of ~the industry.
ARTOL]an XVII-EFFECTIVE DBTE
This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 205.
Registry No. 1122-1-1
FORMr OF LETLTER OFi ABB8ENQT TO THrE: CODE
To The Code Authority, Alelal W~indow, Indusftry, Wr.shin~gton,l D.O.
GElNTISMEN : Thle undersigned, desiring to become a member of the Code of
Fair Competition of the Illetal Wfindow Industry, a copy of w~hich. is annexed
hereto, hereby~ assents to and agrees to be bounzd by all the provisions of said
code, and eff'ective ten days after the approval of the Code by the President
as therein provided, by the signing and delivery of this letter becomes a member
and, effective as aforesaid, hereby agrees with every person, firm, association,
and corporation who shiall then be or thereafter become a member of the
Code, that the Code shiall constitute a valid and binding contract between the
undersigned and all such other members, and that for all purposes of the Code
the address of the undersigned until it shall file with. the Commissioner wrritten
notice of a change of such address, shall be as set forth at the foot of this
Yours very truly,
By ______ --- _____ -__,,
Illllllllllllll IIIII1111lll 11|1IIlllllllllll#H llllIIIIIII