AS APPROVED ON NOVEMBER 22, 1934
WE DO OUR PART
COVERNM~ENT PRINTINGC OFFICE
Frbrsale by the Superintendent of Dccuments, Halshinglan, D. C. - 14ice5 en s
Approved Code No. 533
Registry No. 1021--1-05
NATIONAL RECOVERY ADMINISTRATION
C ODE OF FAIR C OMP PETITION
This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D. C., and by district offces of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 5(M Post Office Building.
Birmingham, Ala.: 257i Federal Building.
Bo~ston, M~ass. : 1801 Customhouse.
Buffalo, N. Y.: Chamber of Commerce Building.
C'harleston. S. C.: Chamber of Commerce Building.
Chicago, ill.: Suite 1706, 201 North WTells Street
Cleveland, Ohio: Chamber of Commerce.
Dallos, Tex.: Chamber of Commerce Buildling.
Detroit, M~ich.: 801 First National Bank Building.
Ho~uston, Tex.: Chamber of C~ommerce Building.
Indiaonpolis, Ind.: Chamnber of Commerce Building.
Jackisonville, F'la.: Chamber of Commerce Building.
K~ansas City, ]Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, K~y.: 408 Federal Building.
Mlemphis, Tenn.: 229 Federal Building.
Minneapolis, M~inn.: 213 Federal Builkling.
New Orleans, L~a.: Room 225-A, Custombouse.
New York, Ni. Y.: 734 Custorphouse.
Norfolk, Va.: 40;6 East Plume Street.
Philadelplhin, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mlo.: 506 Olive Street.
San Fanlc~is-co, Cali~f.: 310 Custombouse.
Seanttle, W~ash.: 809 Federal Office Building.
Approved Code No. 533
COD)E OF FAIR COMPETITION
'WINDOWIS GLASS MIANUFACTURING~~; INDUSTRYY
Ahs Approved on Novembrer f22, 1934
ConsE or4 FA4IR COMPETITION FOR THE WIE;Oow GLAss MA~NUFrACTURING
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Acl~t, approved June 16, 1933, for approval of a Code of
Fair Competition for the W~indowr Glass Milanufacturing Industry,
and hearing having been duly held thereon and the annexed report
on said Code, containing findings wCith respect thereto, having been
mIade and directed to the President:
NCOW, THEEREF`ORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuanlt to author-
ity vested in it by Executive Orders of the President, including
Exe~ccuti~ve Ordier No. 68539, dlatedl September 27, 1934, and otherw~nise;
doe~s hereby incorporate by reference said annexed report and does
find that said Code complies in. all respects with the perttinent pro-
visions and will promote the policy and purposes of said T1Iitle of
said Act; and does hereby order that said Code of Fair Competition
be and it is herebyv approved.
NATIONAL INDUSTRIIAL IREC'O1TRY BOARD,
By WC7. A. HABRRIMAN, Adm~in~istaij ve'7fl Of)Zecer.
W. P. ELUS,
Acting, Division Administrator.
WBsmwNGONo, D. C.,
November ,03, 1934.
The White Houlse.
SIR: This is a report onl the Code o~f 1Fair Competition for the
WC~indow Glass M~anufacturinga Industrry, as revised after a public
hearing conducted in W~ashington, D. C. on October 31, 1933, and
after an opportunity to be heard had been granted pursuant to
Admn~istrativ e Order N~o. Z-3, dated June. 1-, 1934, in accordance
within th provisions of Tritle I of the National Indust~rial 1Recover
THEn INDUSTRY IN GEN~ERAL
1. The Window G~lass M~nufacturing Indulstyasefndbth
Cod~e embra~ces all es~tablishmlentsj engaged in the manufacturers an
primary sale of common window glass anld? t~ this daRte, cons~jistingY
of seventeen (17) known mannuf~acturers, operating at the. present
time fourteen (14) plants. Three (3) of these manufacturers pro-
duce and sell approximately seventy-three, per cent (7i39c) of the
existing demandt antd the others, fourteen (14) in number, com-
monly kinow-n as ind~ep~nenden manufacturers produce and sell
approx'ima"tely twenty-sevPen per cent (279~) of thle exsisting dlemandc.
St\everal of the Intte ar~e retpo-rted at this date to be in financial
dlifficullties. The mortality in this industry hlas been high. Of the
forty-twmo (42) esitablishmlents operatingr in 1925, all but sevent~een
(17) have bteen r~etir~ed. It is quite evident that there have been revo-
lutio~nr~y strid-es in te~chnolog~ical processes inr the manufacture of
common window glass in3 this last g~~enertio-n. Today9 there is per-
haps three hundred percent (3Or~,l-) excess capacity. VIt is reportedly
that a v~irtual panic exists in thle industry in the struggle to obtain
business, resulting from recent successive lowering of prices.
POISCr\lIONS'. OF TH-E CO(.DE AS TO TI1URS, TA(GES, ANID GENERAL LABOR
1. This Code pro~vides~c that; no employee shall be permittled to
workL more than seventy-twro ('72) hours in any fourteenl (14) day
periodl nor more than six (6) days in any seven ('7) day period; and
tha noempoye sallbe erittedl to work: more thatn eight (8)
thatn mlyesalbours in anytet-or(4 hour per~iod,~ (except thatt each eml-
ploeen may be permittedr to w-o~rk six (6) additional hlour~s in anly
their normllnI rate of pay is paid for all time w~orkled- in excess of
eight (8) hours in any twenty-four (24) hour period), excep~t. as
(a) Em~ploryees enrgarged in ther conltinluous process-es of the induls-
try shall not be permlittedl to w~orki molre thanll eighty-four (84)
REPORT TO THE PRESIDENT
hours in anly fourteen (14) day period, nor more than six (6) hours
in any one twenty-four (24) hottr peiod; except that (1) inl order
to provide for the rotation o~f hiteach such employee may b
permitted to work sixr (6) additional hours in anly one twenty-our
(24) hour period in. each fourteen (14) day period without the
payment of overtime, and (2) each such employemybpritd
to -work six (6j) additional hours in any seven (~7), day beperio ith-d
out t~he payment of overtime if his services are required by reason
of the failure of another regular employee to report for or remzala
(b) Elmployees engaged in clerical, office or sales work (exclu-
sive of employees engaged as bookkleepers or accountants) shall not
be permitted to works more than forty (40) hours in any seven (7)
day period nor more than eight (8) hours in any one twernty-four
(24i) hour period nor more than six (6) days in any seven (7) day
period, except that each such employee may be permitted to work two
(2) additional hours in any one twPenltyfour (24) hour period in
each seven (7) day period, without the payment of overtime, pro-
vided that the total for such seven (7) day period is not in excess
of forty (40) hours.
(c) Any employee erngag;ed as a bookkeeper or accountant may,
during any one seven (7) day period in any month or four (4)
weeks accounting period, be permitted to work Inine (9) hours in
anly twe~nty-four (24) hour period and forty-five (45) hours in said
seven (7) day period without payment of overtime, pi-ovided that
equivalent time off is given such, employee during the balance of the
same month or accounting period, so that the average of such elm-
ployee's hours during said month or four (4) weeks accounting
period, does not exceed forty (40) hours per seven (7) day period.
(d) Emnployees engaged as wcPatc~hmen may be permitted to work
not more than. eighty-four (84) hours in any fourteen (14) day
2. This Code exempts from hourly, weekly or other periodic limli-
tations persons employed in a managerial or executive capacity wtho
earn not less than thirty-five dollars ($35.00) per weekr and employees
eng-,aged in emergency maintenance or emergency repair work: pro-
vide, hoever, that in cases of emergency maintenance or emergency
repair work, at least one and one-half times their normal rate of pay
shall be paid for all time worked in excess of the maximum herein
3. This Code establishes a minimum rate of pay of forty cents
($0.40) and thirty-five ~ents ($0.35) per hour for all classes of em-
ployees except those engaged in clerical and office work, in the North-
ern. and Southern sections of th-e industry respectively. A minimum
rate of fifteen dollars ($15.00) per week is establishedl for employees
engaged in clerical or office work regardless of th~e section of the
4. This Code establishes minimum rates of pay for all employees
irrespective of whether the employee is Ic~tuallly compernated on a
time rate~, piece workr or other basis. HEandicapped persons may be
employed at a wage below the minimum under conditions as pro-
vidled' by the Code.
5. This Code provides that, for those employees receiving com-
pensation inl excess of the minilmum wagec rates, an equitable adjust-
ment shall b-e made in those cases where such eqjuitatble adjustments
have not beenl made since July) 1, 1933, andc that. reports in respect
ther~eto shall be submitted by the Code Authority to the Admin-
6. This Code also includes provisions respecting:
(a) Evasio-n through~ re-employment, and
(b) R~eclass~ification of Employees, and
(c) Standatrdl for Safety and Health, and
(d) Paymen~t of WafT~ges and
(f) ates of Pay for Fem~ale Employees, and
()Postingr of t~he. Code, and
that no person murder sixteen (16) years of age shall be employed
in the ind~us~try- and that no person under eighteen years of age shall
be emplolyed in operations or occupations which are hazardlous in
nat~urec or dangerous to health, and that the Code Aulthority shall
within thirty (30i) days after the effective date of the Code submit
a list of su~ch operations and occu~pations in the industry.
ECONOMIIC: EFFECTS OF THE CODE
1. Thle report of the D~ivision of Research and Planning indicate~s
that the volume of sales of about $38,000,000.00 for the ear 19-25
had declined to about $10,000,000.00 for the. year 1931, representing
a decline from about 567,000,000 lsquae feet inl 1995 to about 267,000,-
000 square feet. in 1931, or about a 79.5C; decline, in sales value and-
a 5367 decline in production. While complete and accurate, statistics
are not; avaRilable? respcirting employment., it is estimated that the
total number of employees~ in the industry in 1De9 was about 5000,
and in the first part of 1P33 about 3000. In the latter half of 19333
the es~timatecd number of employees had increased to 4500,cj due not so
much to th~e operation of the President's 1Reemployment Agreement
as to the sharp rev-ival in. business. It appears from evidence sub,-
m~itted by the p!rolponents of the Code that par~olls have cor~resp~ond-
ingly inc~r~eaed ~from 33 to 43 per cent. It must, hlowever, be noted
that this does not indicate any increase m av7\eraget wages. From an
analysis of a study of Occupations, Hours and EarningsF for the year
1932 it appears that 2,049 e~mployees in ten (10) plants w-orkedl an
actual average of 43.2 hours and had actual a-verage earnings of
$23.25 per week or at the rate of $C0.54 per hour.
2. While this industry produces commnln~ window glass for pur-
poses other than glazing, such as photographic dry plates, pictures,
lanter~n slides, clocki faces. scientific instruments and automobile andc
body manufacturing, the demand for the products of the i~ndustry- is
to a lrrge degree depiendent on the rehabilitation, allterantion, r~epair
and construction of construction indus~try projects.
3. Increased employment due to the thirt~y-six (36) hour general
provision a7nd the forty-two (42) hour pl~\lronion f'or the continluous
processe~s, on the basis of emnploy!ment for the last half of 1933, should
restore, the industry to the 19510 level, and in conlclusion it may~ be
stated that even if the operIatio- n of the! Code does not greatly~ in-
erease avrclage wages, the opposition of the industry will be reasonably
good provided that reductions of weekly earnings do not result from
the shortening of hours. Provision is made for the equitable adjust-
ment of wage rates for those employees receiving compensation in
excess of thne minimum wage rates where such equitable adjustments
have not been made since July 1, 1933.
T'he Deputy Administrator in his final report to us on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter:
We find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
v~ide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and managemnent
under adlequate govenlrnental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization. of the present productive capacity of industries, by avoid-
ing undue restrictions of production exceptt as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasmng purchasing power, by reducing and
relieving unemployment, by improving standards of labor, and by
otherwrPise rehabilitating industry.
(b) Said industry normally employs not more than 50,000 em-
ployees; and is not classified by us as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said T'itle of said Act, includingf without limitation
Subsection (a) of Section 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 imposes no inequitable restrictions on admission to
(d) T'he Code is not designed to and will not permit monopolies or
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and wcill not operate to discriminate against them.
(f) TPhose engaged in other steps of the economic process have not
b~een deprived or the right to be heard prior to approval of said Code.
For these reasons, therefore, wve have approved this Code.
For the National Industrial Recovery Board:
W. A. IIamuMAN,
Nol" M DR 2, 194. dainijtrative Opier.
CODE OF FAIRL COMbPETITION FOR THE WINDOW GLASS
ARTICLE I -PURPOSES
To effect the policies of Title I of the National Industrial Recov-
ery1 Act, this Corde is established as a code o-f fair competition for
thet WCindow Glass Mianufacturing Industry, and its provisions shall
be the standards of fair competition for such industry and shall be
binding upon every member ther~eof.
SECTION 1. T'he terml Window G~lass Mranufactur~ing Industry "
or industry as used herein is defined to mean and include the
manufacture anld thae primlaryT sale of common windlow glass (here-
inafter known as the product of industry). The term sale' shall
be deemed to include, but without limitation, shipments of common
window glass, made by a member of thle industry to a dist~ribut~inga
agency ownedi or controlled directly or indirectly by such, member
of the industry and/or shipments of common w~indlow glass made
by a member of thle industry to a consignmenlt account. The operat-
tilon of establishmllent~s (including distributing agencies) engaged in
th distribution of the products, either owned or controlled directly
or indirectlyy by a. member of the industry, shall not be subject to
the p~rovisions of this Code.
SECTION 2. Tile ter 'ln mteDrie Of the industry "', as usedl herein
includes, but without limitation, any individual, partnership, associa-
tion, corporation or other formn of enterprise engaged in the industry,
either as an employer or on hiis or its own behalf.
SECTION 3. TChe term~ employee as used herein includes any
and all persons engaged in the indlustry~, however compensated,
except a member of the industry.
SECTION 4. The term "' employer as used herein includes any one
byT whomz such employee is complensatted or employed.
SECTION 5. The term continuous prrcesse~s of the industry as
used herein is defined to mean and include t~he, operations of mlixing
and melting the raw materials, withdraw~ing the molten glass from
the tanks and/or furnaces, forming the same into sheets or plates,
and delivering such sheets or plates to those places or sectionls of
the plant of thze member of the industry where they~g will suse-
quently be handled and worked or stored, and also the heat, light,
power and water producing operations necessarily incident to suchr
SECT~ION 6. The term Code Aiuthority as used her~ein is defined
to mean the Code Authority~ cornstitutedl under Article VI hereof.
SECTION 7. The term "A~ssociation ~" as used herein is defined to
mean the Window Glass Mianlfcufactrers Association.
SECsr1rN 8. Th e~ C8YII uthern Section of thre Industry as
used herein is defined to mean and include the states of Virginia,
North -Carolina, South Carolina, G~eorgia, Florida, Ala~bama, Louisi-
ana, Mississippi, Tennessee, Kiansas, Arkansas, Oklalhoma, and
Texzas; and the term Northern Section of the Industry as usedl
herein is defined to mean and include the District of Columbia and
all other states, territories, and possessions of the United States in
which the National Industrial Recover~y Act applies.
SECTION 9. The terms L" President ", "'Act and "LAdministrator "'
as used herein are defined to mean, respectively, thle P'resident of the
United States, Title I of the National Industrial Recovery Act, and
the Administrator for Industrial Recovery.
SECTION 1_. Mliaxizmn Hours.--No employee, except as herein
otherw-ise provided, shall be permitted to wiorkl more than se~venty-
two (72) hours in. any fourteen (14) day period nor more than six
(6i) days in any seven (7) day period; andl no employee, except as
herein otherwise provided, shall be permitted to work more than
eight (8) hours in any twenty-four (24) hour period, except that
each employee may be permitted to wvork: six (6i) additional hours inl
any seven (7) day period provided that at least one and one-hal-f
times their normal rate of pay is paid for all time worked in excess
of eight (8) hours in any twenty-four (24) hour period.
SECTION 2. Ew~ceptions as to H~ours.-(a) Employees engaged in
the continuous processes of the industry shall not be permitted to
work more than eig~hty-four (84) hours in any fourteen (14) day.
period, nor more than six (6) hours in anyr one twcpenty-four (24)
hour period except that (1) in order to provide for the rotation of
shifts, each such employee mnay be permitted to work six (6) addci-
tional hours in any one twenty-four (24) hour period in each four-
teen (1~4) day period without the payment of overtime, anld (2)
each such employee may be permitted to work six (6) additional
hours in anly seven (7I) day period without the payment of ov~ertime?
if his services are required by reason of the failure of another regu-
lar emrJployee to report for or rem~ain. at work.
(b) Emnploye~es who engage in clerical, office or sales ~workr (ex.
elusive of employees covered by subsection (c) of this section) shall
not be permitted to work more than forty (40) hours in anly seven
(T) day period nor more than eight (8) hours in any one twent~y-
four (24) hour period nor more than six (6i) days in anyT seven ('7)
day period, except that each such employee may be petr~mittle to
work two ( 2) additional hours in any one twenty-four (24) hour
period in each seven (7) day period, without the payment of over-
time, provided that the total for such seven (T) day period is not
in excess of forty (40) hours.
(4ic) During any one seven (7) day period in any month or four
(4) eeks accounting period, any employee engaged as a book-
hteeper or accountant may be permittedl to work nine (9) hours in
any t~wenty-four (24) hour period and forty-five (45) hours in said
seven (7) dayr period without payment of overtime, providedl that
equivalent, time off is given such employee during the boalanlce of the
same month or accounting period, so that the average of such em-
ployee's hours during said month or four (4) weeks accounting
period, does not exceed forty (40) hours per seven (7) day period.
(d) Employees engaged as watchmen may be permitted to work
not mnore tan eigh~ty-foulr (84) hours in any one fourteen (14)
SECTION 3. Exeml~ptionis as to Hours.--(a) Thre provisions of this
Article shall not applyr to outside salesmen or to emp~loyees engaged
in a managerial or executive capacity who earn not less' than thirty-
five dollars ($35.00) per week.
(b) The provrisions of this Article shall not apply to employees
engaged in emllergncy maintenlance or emergency repair work in-
volvi ng br~eah~downs or the protection of life or property, provided,
however, that at least one and one-half (11/2) times their normal
rate of pay is paid for all time worked in excess of the maxima
herein provided by this Article.
SCECTIONU 4. Em7p701loymnt by Several! Emprloyers.--No employer
shall knowTingly permit any employee to work for any time wFhich
whien totaled wcith that already performed within another employer
in this or any other industry exceedls thae maximum per~mitted herein.
SECTION 1. MCizinimm Wage.--No employee shall be paid less than
at the rate of forty cents ($0.40) per hour in the Northern Section
of thle I[ndustry nor less than at the rate of thirty-five cents ($0.35)
per hour in the Southern Section of the Industry, except as herein
SECTION 2. Minimucm Wage for Clerical and Of)Ece E~mployeces.--
No person employed in clerical or offce work shall be paid less than
at the rate of fifteen dollars ($15.00) per week.
SECTION 3. Piece( wCork~ Compensation.-This Code establishes mini-
mum rates of pay whnichn shall apply, irrespective of whether an
employee is actually compensated on a time rate, piecework or other
SECION. 4. LiUGzlaiont through Rermploymen-nzrlt. -No employee nLow
employed at a rate in excess of the minimum shall be discharged and
r~eempIloyed or repinced~ by another employee at a lower rate for the
purpose' of evading the provisions of this Code.
S~ECTON 5. Wages above the Minimumn.--For those employees re-
ceiving compensation in excess of the minimum warge rates, equitable
adjustment shall be made in those~ cases where such equitable adjustm-
mentss have not been made since Juily 1, 1933. WOithin thirty (30)
dayS' after the effective date of this Code eachn member of the indlustrly
shall submit to the~ C~ode Authority a detailed report showing the
number of em-ployees, hours of work, and hourly rates of wnges and
weekly earnings for each labor classification for a representative
pay per'iodl prior to July 1, 1933, and for the representative pay
period ending next before the date of the report. Such reports shal
be promptly fo!~rwared by the Code Authority to thie A m in ist rator.
SECTION 6. Handzl~nicappd Persons.--A person whose earning ca-
pacity is lim~it~ed because of age or physical or mental handicap or
other infirmity may be employerd on light work at a wage beplow the
minimunri established by this Code, if thec employer obtains from the
State~ A1uthority, designated by~ the U7nited State~s D~epartm~ent of
Labor, a certificate authorizing his employment at such wages and
for such hours as shall be stated in the certificate. The State author-
ity shall be guided by the instructions of the United States Depart-
ment of Labor in issuing certificates to such persons. Each member
of the industry shall file monthly with the Code Authority a, list of
all suchl persons employed by it, shlowing the wTr~ages paid to, and
thie mnaxim~um hours of work for such employee.
Annorm; V-GENERAL Lanon PROVrISIONS
SECTION 1. Child Labor Prouision.--No person under sixteen (16)
years of age shall be employed in the industry. Nio person under
eighteen. (18) years of age shall be employed in operations or occu-
pations which are hazardous in nature or dangerous to health. The
Code Authority shall submit to the Administrator within thirty (30)
days after the effective date of this Code a list of such operations
or occupations. In any State an employer shall be~deemed to have
complied with this provision as to age if he shall have on file a cer-
tificate or permit duly signed bly the authority- in such state em-
powered to issue employment or age certificates or permits showing
that the employee is of the required age.
SECTION 2. PTO~riSions fromt the Act.-Ais provided by Section 7 (a)
of the Act:
(a) Em~ployees shall have thie right to organize anld bargain col-
lectively through repr~esentatives of' their own choosing, and shall be
free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or in
self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
(b) N~o employee and no one seeking employment shall be required
as a, condition of employment to join any company union or to re-
framn from jommig, organizmg~, or assistmng a labor organization of
his own choosing, and
(c) Emplloyer's shall comply with. the maximum. hours of labor,
minimum rattes of pay, and other conditions of employment, ap-
proved or prescribed by the President.
SECTION 3. Re~Class~I'J'fEatio of Employees.--No employer shall re-
elassif~y employees or duties of occupations performed or engage in
any subterfuge for the purpose of defeating or evading the pro-
-visions of the Act or of this Code.
SECTION 4. Xtandard8 for Safety acnd Health.--Every employer
shall make reasonable provision for the safety and health of his em-
ployees at the place and during thne hours of their employment.
Stavndardls for safety and health shall be submitted by the Code
Authority to thne Administrator within sixty (60) days after the
effective date of this Code.
SECTION 5'. Federal or State L~ats.-No provrisionls in this Code
shall supersede- any Federal or State law which imposes on employ-
ers more stringent requirements as to age of employees, wages, hours
of work, or as to safety, health, sanitary, or general working condi-
tions, or insurance, or fire protection than are imposed by this Code.
SECTION 6. ~PG'fff41 O~f FTgy8.--All wages shall be paid weekly,
semi-monthly, or monthly in lawfful currency or by negotiable check
therefore, payable on demand. These wages shall be exempt from
any deductions other than those expressly authorized by the em-
ployvee or required by law. Emnployers or their agents shall not
accept, directly or indirectly, rebates on such wages, or give anything
of value nor extend any favors to any persons for the purpose of
influencing rates of wages or working conditions of their employees.
SECTION 7. 23i87Rf88G.8.I- -NNo employees shall be dLischarged, demoted
or otherwise discriminated against by reason. of making a complaint
or giving evidence wcith respect to an alleged violation of this Code.
SurrIoN 8. Female Employees.--f~iemale employees performing
substantially the same workr as male employees shall receive the
samle rate o-f pay as male employees.
SECTION 9. Posting.--Each member of the indusrt~ry shall post and
keep posted copies of this Code in conspicuous places, accessible to
all employees. Each member of the industry shall comply with all
rules and regulations relative to the posting of provisions of codes
of fair competition which may from time to time be issued by the
ARTICLE VI--ORGANIZATION, POWERs, AND UTIrES OF' TH CODB
SECTION '1. COde Aulthority.-A1 Code Auth~ority for the Win-dow
Glass Malnufacturing Inustry is hereby constituted to cooperate
with the Afdmninistrator in the administat~ion1 of this Code.
SECTION 2. 11/emrbers A~ppointed by t~he In~dustry.--(a) The Code
Authority shall consist of one (1) representative appointed by each
member of the industry eligible for such representation in acco~rd~ance
wCith the provisions of Section 10, paragraph (k), sub-paragraph 2,
of this Article.
(b) W7~ithin ten (10) days after the effective date of this Code a,
meeting of the members of the industry shall be held at which each
member of the industry shall select its representative on the Code
Authority to serve as provided in its ByT-Law7Ps, rules andl regulations,
as set forth in Section 10 of this Article. The Atssociation is hereby
designated as the agency to call and conduct the meeting of the mem-
bers of the industry for this t ~~~ purpo ose. /-(a CIdeii
SIECTION 3. DZeisionZS ofth oeAtoi.()Aldcson
of the Code Authnority to be binding on the industry must receive the
8afrmxative vo~te of a mlajority of the members of the Code Aut~hor-
ity- and also the affirmative vote of members of the Code Authority
appointed by members of the industry representing not less thfan
fifty (50) per cent of the total physical output of the industry
measured in the case of eachr member of the industry by the actual
production of such. member averaged over the two (2) preceding
(b) If, at any -time, the Code Aiuthority cannot reach a decision
as hereinbefore provided, the matter at issue shall be referred ~it~hin
five (5) days to the Administ~rator for consideration and determlina-
tion and hils decision shall be final and binding on. all members of
SEc~rrow 4. Notice of Meeting~s.--Notice of the time and place of
each m~eetinlg of the members of the industry shall be sent by regis-
tered mail to all members of the industry and to the ~Admimstrator
at least ten (10) days in advance of such meeting.
SECTION. 5. Revocation of Appioifiitn.c-nts to Gode Authority.--Any
member of the industry may at any time revoke permanently or for
at temporary decsignated pieriod the appointment of thme member of the
Code Authlority previously~ made by such member of the industry
and may appoint another individual as a member of the Code Acu-
thlorit~y. Such revocation and appointment shall be by w~ritte~n in-
strument sent in duplicate to thle Administrator alid to the Code
Authority, and shall be si nedl, sealed, and ackn~owcpled ed before a
notary public. One (1) alternate may be selected by each member
of the industry to represent that metimber on the Code APuthority- with
full power to vote in the -absen~cea of his principal. No alternate
shall, however, be affiliattd -withn any other member of the industry.
S~ECTrION 6. Memcnbers Ap~po~intedci by the Admzin/istrator.--In addi-
tion to the Ilmlemberhip as hlereinh~efore provided, there may be not
more~ than three (3) m~embers,, without vTote to be appointed by the
Administrator to ser-ve for such terms as he may prescribe. The
represientatives who may be apopointedl by the Administrator, to-
gether with the Administrator, shall be given due notice of and
may sit at all meetings of the Code Authority.
SECTION 7. Parti~c~ipating Trade Associations.--Each trade or indus-
trial association directly or indirectly participating in the selection
or activities of the Code Authnority shall (1) impose no inequitable
restrictions on memblership,, and (2) submit to the Administrator true
copies of its articles of azssociation, by-laws, regulations, and any
amnend-ments when Imade thereto, together with such other informa-
tion as to m~embersh~ip, organization, and activities as the Admrinis-
trator niay deem necessary to effectuazte the purposes of the Act.
SECTION 8. Rep'cSifresentativ Character of the Code Author;/ritU-In
order that the Code Arluthority shall at all times be truly representa-
tive of the industry and in other respects comply with. the provisions
of the Act, th~e Administrator may prescribe such hearings as he
mayf d~eem proper; and thereafter, if he shall find that the Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, mayT require an appropriated
modification of the Code Authority.
SECrroN 9. Nonl2iabilityJ of Code Auth~orfl 7citU Mmbes for Official
Acts.-NToth~ing~ contained in this Code shall constitute the members
of the Code Authority partners for any purpose. N~or shall any
member of the Code Authority be liable in any manner to any one
for any act of any other member, officer, ag~nt., or employee o~f the
Code Authority. Nor shall any member of the Code Authority
exercising reasonable diligence in the conduct of his duties hereunder,
be liable to anyr one for any action or omr~ission to act under the Code,
except for his own wssilful manlfeasance or nonfeasance.
SECTION 10. Powers andl Ducties.--Subject to such rules and regula-
t~ions as may be issued by the ACldm~inistrator, the Code APuthority
shall have th~e follow-ingf pers~ and duties~ (in addition to those
p~rovidted elsewhere in this C:o~de) to the extent; permitted by the Act;
provided, that, if the Adinistrato r shall determine that any action
of the Code Authority or an agency thereof is unfair or unrjust or
contrary to the public interest, the Administrator may require that
suchl~ action be suspended to afford an opportunity for investigation
of the merits of suchZ action and further consideration by the Code
Author~ity or agency pending final action, which shall not be effective
unless the Administrator approves or unless he shall fail to disap-
p~rove after thirty (30) dlays notice to him of intention to proceed
with such actions in its original or modtified~ form:
(a) To execute the provisions of this Code and provide for the
comlplia~nc~e of the industry with the provisions of the Act.
(b~) To adopt by-laws and :rules and regulations for its procedure
and for th-e administration and- enforcement of th~e Code, subject to
the approval of th~e Administrator.
(c) To provide for thne study of standards, grades and qualities
and dlistr~ibution of common -windowP glass and to recommend to the
Admrinristrator any changes and/or modifications of this Code inJ re-
(d) To obtain from members of the industry such information and
reports as are required for thert admlinistrationl of this Code. In
addition to information required to be submitted to the Code
Authority, members of the industry shall furnish such statistical
information as: the A~dministrator may deem necessary for the pur-
poses recited in Section 3 (a) of the Act to such Fiederal and Sjt~ate
agencies as the Administrator may designate. Nlo provision of this
Code shall relieve any member of the industry of any existing obli-
gation to furnish reports to Government agencies. N1\o individual
reports submitted to the Code Au~thority shall be disclosed to any
other membrr of the industry, but maly be revealed to such impartial
agencies as may be necessary to facilitate the administration of this
(e) T1o cooperate with, the Adminlistratorr in making investigations
as to the functioning and observance of ainy of the provisions of this
Code at its own instances, or upon request of the Administrator, or on
complaint of any person affected, and report the same to the
Adminl~isrt ra tor.
(f) To cooperate with the Admrinistrator in regrulatinga the use
of anly ~N. R. ~A. insignian necordlilgr to such rules and regulations as
the National Recovery ALdministration may pIrescribe.
(g) To use such trade associations and other agencies as it deems
proper to carry out any of the activities provided for herein; pro-
vided, however, that nothing herein shall relieve the Code AButhnority
of its duties or responsibilities underl this Code, and that such trade
associations and agencies shall at all times be subject to and comply
with the provisions her~eof.
(h) To investigated! and inform the ALSdministrator on behalf of
the Window Grlass Malnufacturing Indu~stry as to im~portaution of
competitive articles into the U~Jnitedl States in substantial quantities
or mecrensmng rantio to dlomestic production on such terms or under
such conditions as to render ineffectivet or seriously endanger the
maintenance of this Code, and to makie complaint to thle President
onl behalf of the Window1P Glass 1\fonufacturing~ Industry unerlc
the provisions of the N1Cationail Industr~ial 3Recovery Act with. respect
(fi) T'o appoint a trade-practice committee which sh~all melet with
the t~rade-practice committees appointed under such other Codes as
meg ybe related to this industry for thne purpose of formulating fair
Stride practices to govern the relatiolnships between production and
distribution employers under this Code and under such others, to
the, end that such fair trade practices may be proposed to the
Adml~inistrator as amendments to this Code and such other Codes.
(j) To make recommendations to the Admiinistr~ator for the
amendment or m~odifieation of this Code on the basis of experience
and changes in circumstances, including (but without limitation)
recomm nendations to--
(aa) further effectuate. the policy of the National Industrial
Recovery Act and the operation of this Code in respect thereto, and
(bb) prevent thre elimination or oppression of and discrimination
against smaall enterprises, and
(ce) stabilize employment, and
( dd) p~r~eent unsound, unfair, or destructive practices, and
(ee) rehabilitate the industry and promote industrial planning,
whnichn recomm nendlations, upon approval byr the Adm~inistrator, after
such notice and hearing as ]he m~ay- prescribe, shall become part of
this Code and have full force and effect as provisions hereof.
(k) 1~. It being found necessary, in order to support the admin-
istration of this Code and to maintain the standards of fair com-
petitionl establishled hereunder and to effectuate the policy of the.
Act, the Code Authiority is authorized:
(aa) To incur such reasonable obligations as are necessary and
proper for the feoregoing 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 Code;
(bb) To submit to the Administrator for his approval, subject
to such nlotic~e and opportunity to be heard as he may deem neces-
sary, (1) an itemized budget of its estimated expenses for the Ifore-
going purposes, and (2) an equitable basis upon which the funds
necessary to support such budget shall be contributed by members
of the Industry;
(cc) A~fter such budget and basis of contribution have ben. ap-
p'rovedt by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the industry, and
to that end, if necessary, to institute legal proceedings therefore in
its own name.
2. Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinaf~ter provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the industry complying with the Code and con-
tributinrg to th~e expenses of its admrimlstration as hereinabove pro-
vided, (unless duly exempted from making such contributions,)
shall be entitled to participate in the selection of members of the
Code Authority or to receive the benefits of any of its voluntary
activities or to make use of any- emblem or insignia of the N1Sational
3. The Cod~e Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in
itse aprrnprove budget,~ and shall in no event exceed the total amount
contained in the approved budget, except upon approval of the Ad-
ministrator; anld no subsequent budget shall contain any deficiency
item for expenditures inl excess of prior budget estimates except
those which the Administrator shall have so approved.
(1) All confidential information of any nature which may be re-
quested by th Clode A~uthor~ity shall be collected2 through an impar-
tial age~ncy or agrencies selected byV the said Code Authority and such
infor~matio~n sh~all be kept confidential by the agency, except w~hen
required by the Code Authority for the p3r~oper administration of
the Code, and with the. further exception that all such information
shall be fully available to the Administra~tor at all1 times.
(m) The Code Aulthority shall delsignate an im~part~ial agent or
agents, not members of the industry, to investigate complaints of
violations of the Code. Each member of the industry shall keep
accur~nte and complete records of its transactions in the industry
whenevecr such r~ecordcs mnay be required under any of the provisions
of this Code, and shall furnish accurate reports based upon such
records concerning any of sulch act~ivities when required by the Code
Authority or the Administrator. If th~e Code Authlori.ty or the
Admlinistrato~r shall determine that substantial doubt exists as to
thle accuracy of any such, reports, so much of the pertinent books,
records, and papers of such member as m~ay be required for the
verification of sulch report mayv be? examined~ by an impart~iarl naency,
agreed upon between the Code Aluthorit~y and such member, or, in
the absence of agreement, appointed by the A~dminlistrator. In no
cas~e shall the facts disclosed by such. examination be made available
in identifiable, formal to any competitor, whether on the Code Au-
thority or otherwsPise, or be give anly other publication, except such
as may be required for the proper administration or enforcement
of the provisions of this Code.
(n1) T~o provide appropriate facilities for arbitration, and sub-
ject 'to the approval of the Admninistrator, to prescribe rules of
procedure and rules to effect compliance with awards and dleter-
ARTICLE VII-OPEN PRICE
SECTION 1. Each member of the industry shall file with a confiden-
tial and disinterested agent of the Code Authority or, if none, then
with such an agent dlesignatedl by the Administrator, identified lists
of all of his prices, discounts, rebates, allowances, and locait~ies to
which the same shall apply, and all other terms or conditions of
sale, hereinafter in thlis Article referred to as price termns ", which
lists shall comnpletetly and accurately conform to andl represent the
individual pricing practices of said member. Such lists shall con-
tain thie price terms for all such standard products of the industry
as are sold or offeredl for sale b~y said mnember and for such non-
standlard products of said member as shall be desicrnatedi by th~e
Code Authnority. Said priice termlls shall in the first instance be
filed~ withiin ten (10) days after the constitution andl ol~rgnizat~ion
of the first Codle Authority. Price terms and revised price terms
shall become effective immed~r~iately upon receipt the~reof, said agent
shallI by telegraph or other equally prompt mleans notify said mem-
ber of the time of such receipt. Such lists and :revisions, together
with- the effective time theref, shall upon receipt by immediately
and simultaneously distributed to all memers of the industry and
to all of their customers who have applied therefore and hav~e offered
to defray the cost actually inculrred by the Code Authority in the
prreparat~ion and distribution thereof and be available for inspection
.by any of their customers at the office of such agent. Said lists or
revisions or any part thereof shall not be made available to an!y
person until released to all members of the industry and their cusl-
tomers, as aforesaid; provided, that prices filed in the first instance
shall not be released until the expiration of the aforesaid ten (10)
day period after the constitution and organization of the first Code
AuthorityT. The Code Authority shall maintain a permanent file
of all price terms filed as herein provided, and shall not dest--roy
any part of suchn records except upon written consent of th~e Admin-
istrator. Upon request th~e Code Aulthor~ity shall furnish. to the
Administrator or any duly designated agent of the ALdministratio~n
copies of any such lists or revisions of price terms.
SECTION 2. When anly member of the industryT has filed any re-
vision, such member shall not file a higher price within forty-eigaht
SECTION 3. NO members ocf the industry shall quote, sell, or offer to
sell or otherwise dispose of any products, services of the industry, for
which price terms have been filed pursuant to the provisions of this
Article, except in accordance with such price terms.
SECTION 4. No member of the industry shall enter into any agree-
ment, understanding, combination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any member of the in-
-dustry to change~ his price terms by the use of intimidation, coercion,
or any other influence inconsistent with the maintenance of the free
and open market which it is the purpose of this Article to crea~te.
SECTICON 5. WThen1 it is necessary in certain. localities to m~eet colm-
petition from imported common window glass, special schedules
may be filed stating prices lower and/or terms and conditions of sale
more favorable than those provided in schedules hereinbefore men-
tioned by this Article. Such special schedules shall be accompaniedX
by a statement to the Code Authority specifying the extent of the
competition from, character of, and prices for, such imported prod-
ucts, atnd the localities to which the same shall apply.
ALRTICLE VIII--COSTS AND PRICE CUTTING
SCECTION 1. The standards of fair competition for the industry
with reference to pricing practices are declared to be as follows:
(a) Wilfully destructive price clutting~r is an unfair method of
competition and is forbidden. Any member of the indcustr~y or of
any other industry or the customers of either may at any time com-
plain to the Code Authority that any filed price constitutes unfair
competition as deistructivle price cutting, imperiling small enterprise
or tending towanrd~ monopoly or the imnpairment of Code wages and
working conditions. The Code Authority shall within five (5) days
afford atn opportunity to thne memb'ter filing the price to answGer such
complaint and shall within fourteen (14) days make a ruling or
adjustment thlereon. Ife such ruling is not concuirredl in by either
party to the complaint, all papers hall be referred to the Research
a~nd Planning division of N. R. A. which shall render 0, report and
recommendation thereon to the Administrator.
(b) Wh~en no declared emergency exists as to any given product,
there is to be no fixed miinimumi basis for prices. It is intended that
sound cost estimating methods should be used and that consideration
should be given to costs in the determination of pricing policies.
(c) WThen an emergency exists as to any given product, sale below
thre stated minimum prices of such productt, in violation of Section
2 hereof, is forbiddlen.
SCECTIO N f2. Enw~~l~rgnc y Pr~ouiscionp.--(a) If the Administrator,
after investigation shall at any time find both (1) that an emergency
has arisen within thle industry adversely affecting small enterprises
or wage~s or Ilabor conditions, orr tendinng toward monopoly or other
acute c~ondlitionls which tend to defeat thne purposes of the Act; and
'(2) that the d~etermlination of the stated minimum prices for a, spec~i-
fled product within the industry for a limited Iperiod is necessary to
mit~igaster the. conditionns constitulting such3 emler~gency and to effectu-
ate the purposes of the Act, the Code .Authority mnay cause an im-
Partial agency to inves-tigate. costs and to recommends to the Adlmin-
astrator a de~termninat~ion of the stated minimum prices of the prod-
ucts affected by the emergency and thereupon the Adlmi nistrao m'3 0'ay
p'roceedl to determine such stated minimpmln prices. In, determining
such statedc minimum prices, the Adlministrattor may, on the recomn-
mnendation of the Code Authority or on his own initiative, determine
a minimum price for each product of the .industry (excepting,a how-
ever, common window glass of steel sash and green house qualitiess,
of those members of the industry, each of those shipments, averaged
over the two (2) preceding calendar years, equals less than fifteen
p~er cefit (115%) of thle total shipments of the industry averaged over
such two (2) precedlingr calendar years, which minimzum prices shall
be not more than five per cent (5%0) less than the minimum prices
determined for such products of all other members of the industry.
(b) When the Administrator shall have determined such stated
m~inimlum prices for a specified product for a st~atedl period, whichn
prices shall be reasonably_ calculated to mitigate~ thre conditions of
such emerg~ency and to effectuate the purposes of the National In-
'dustrial Recovery Act, he shall publish. such prices. Ther~eafler,
durimn~o such stated p~eriodl, no member of the industry shall sell such~
specifiecd products at a net realized price below said' stated mrinlimum
prices and any such sale shall be deemed destructive price cutting.
F~rom time to time, the Code Authority may r~ecommend review or
reconsideration or t~he Adlministrator may cause any dleterminaltion
hereunder to be reviewed or reconsid~erecd and appropriate action
SECTIO? N 3. Wtitht7in sixty (60) days a7ft~er the constitution and
organization of the Code Auth~ority as provided byr Article VI, the~
Code Aluthority shall cause to be formulated methods of cost findingsa
and necounting adeqluate to properly reflect and determine the cost
of manufacturer and primary sale of the products of this industry
a~nd capable of use byr all members of the industry and shall submit
such methods to the Ad3ministrator for review. If and when ap-
proedl by the Admilinistrator, full information concerning such
methlods shall be mande available to all members of the industry by
the Code Auth~ority. T- Within thirty (30) days, thereafter, each;
member of the industry shall notify the Code Authority that it has
elected to adopt and use such approved methods to determine the
cost of manufacture and primary sale for the products of the indus-
try or submit to the Code Authority full information of the cost
finding and accounting mlethod~s it proposes to use, and if such latter
methods are considered adlequalte by the Code Authority to properly
reflect and determine cost of manufacture anld primnar~y sale of the
products of this industry, such member of the industry ma~y use such
methods. Nothing herein contained shall be construed to permit the
Code Authority, any agent thereof, or any agent ofe the industry to
suggest uniform additions, pe ree ntages or differentials or other uni-
form items of cost; which are designed to bring~ about arbitrary
uniformity of costs or prices.
~Anneran IX--PRovUenowO STANDARDS ~E]TC.
Section, 1. Production. Standa~trds.
The following shall be the standard grades of common window
glass and no window glass of lower grade~ shall be sold or offered for
sale by any member of the industry :
(a)Sinle Strength Glass:
"AA S" quality
"' B quality
(b) Double Strength Glass:
"r B quality
"' Greenhouse quality; this grade shall be solld in the fol-
lowing sizes only : 16"/ x 18", 16" x 24", and 18" x 20",
except that special sizes other than. these may be sold if thet
purchaser certifies to the manufacturer that they are to be
used for replacement orr construction in connection with
greenhouses, Steel sash quality; this grade shall be
sold in the following sizes only : 12" x 18", and 14" x 20".
The specific minimum requirements for "AA" quality, "LA" quality,
and B quality, in both single strength glass and double strength
glass, shall be as set forth in Federal Stock Catalogrue, Section IV
(Part 5) "L Federal S~pecification. for G-lass; Flat for Glazinga Pur-
poses ", being Specification N;o. DD-G--451, approved for promulga-
tion by- the Federal Specifications ~Board on April 28, 1931, herein-
after referred to as the Federal Specifications, the pertinent parts of
which are attached hereto as Appendix AL.
Greenhouse quality is defined as a grade of double strength
glass below t~he grade of "' B quality, but which does not contain
defects that would cause break~age or that would be detrimental to
"' Steel Sash quality is delfined- as a grade of double strength glass
belowP the grade B" quality, but which. does not contain stones,
large blisters, or very heavy cords that might cause breakrage, or pre-
sent a very unsighntly appearance w~hen. ylnze~d in the sashn.
(c) Crystal sheet or heavy window glas;71 this grade shall be sold
in Selected and Factory Run qualities only. The specifle
minimum requirements for "L Selected qu alit~y crystal sheet or heavy
window glass shall conform to the F'ederal Specifc~icaton for"A
quality, single strengths and2 double strengthl glass. Factory Run "
qua"lity1 cry~tall sheet or heavy winldow glass shall conform to the
provisions of the Federl~n Specifications for Factory 1Run "" quality
heavy sheet window glass.
(d) Common window glass of sixteen (16) ounces ireighlt per
square foot or lighter; this glass shall be sorted and sold in Super-
fine", "Selcted"', andi "Standlard "~ qualities only. The specific
mlinimulm requirements for Superfine quality, "' Selectel '" quality,
and Standard "" quali~tyS shall conform to the Fedleral Specifications
for "AA" quality, "A" quality, and B" quality, single strength
(e) Common w~indlow glass of thirteen (1.3) ourncecs weight per
squarlre foot or lighter; this glass shall be sorted and sold in First ",
" Second "' and '" Reject qualities only. The specific minimum re-
quirements for Fiirst quality, "L Second quality, and Recject "
quality glass of this grade shall conform to the Fiederal Spe~cifica-
tions for "A~SA" quality, "A"' quality, and B quality, single
strengthl glass, respect ively.
Provided that stock sheets of either single strength or double
strengthl and grinders of double strength may be sold only to those
equipped to grind and polish common window glass for the purpose
of such fulrth~er processing.
SECTION 2. T0ol'lb.HCCS ift I27clch??8.--The standards of tolerance
for thickness of common window glass of various strengths shall be
Lights per inch
Minimum Average Maximum
single Strength, Glass .. .... ....... ........................... 10. 50 11. 00 11. 50
Double a re ag h Grlass ........................................ 7. 50 8. 00 8. 50
16-ounce Picture Glass......................................... 13. 00 13. 50 14. 00
Thickness in inches
Minimum Average Maxrimumn
CRYSTAL SHEET OR HEAVY ~WINDOW GLASS:
if -inch phis .~ ...................................... 0. 187 0. 193 0. 200
/S2-inch glass-..... ...... .....- ...... ...... ...... ...... 212 .218 .225
3/-inch glass_..... ..... ...... ..... ..... ...... ..... ..... 240 248 .255
Glass of sixt~een (16) ounces weight p~er square foot or lighter may
be manufactured and sold in atny required thrichness, and special
thicknesses of cry3stal sheet or heavyg window gSl~ss may be manufac-
tured and sold for special requirements without referenlce to the
above standards of thickness.
SECTION 3. The production standards and, tolerances in thick~ness
prescribed by this code shall be revised from time to time to conforml
to an~y technological chIanges or advances which mlay occur in the
ARTICLE X-D~IsmalaUrrow UNrrS ori SHIPM~ENT, DISCOUNTS
SECIN 1. Carload Shipments Deffezed.-or the purposes of the
application of this Article a caro~ad shipment is defined to mean a
railroad shipment of the minimum weight as established and pub-
lished by thie railroads in the various territories served, and may be
a mixed carload of common window glass. A, rail and water or
truck shipment of the minimum weight of a rail shipment shall be
considered as its equivalent.
SECTION 2. Unit Ofe Sal~e an~d/or lShipme~nt.--The minimum sale
and shipmen shaall be a carload.
SECTION 3. .fftbLCk: X80 pDniend.---Th e shipment of each carload, de-
livery of which is made by truck, shall be completed within seventy-
two (72) hours (excluding holidays anld Sundays) from the time of
bECTION 4. (Jla884/icatiOl Of Cso'880177.--(a) In filing price terms
under Article VII, each member of the industry may accord differ-
ent discounts to its different classes of customers, specifying ~the
class of customer to which a particular discount is applicable. Such
classification mnay be in accordance with the classification of quan-
tity buyers "' and other car-load buyers ", as herein defined, or any
member of the industry may use such other classification of his or its
customers as he or it m~ay desire, in accordance with. sub-paragraph
(3) of paragraph (b) of this Section.
(b) (1) A quantity buyer shall be defined as any buyer who shall
have bought and received within the preceding twelve months or
calendar year not less than the minimum requirements of common
windows glass, which have been shipped to his own stock, or if he
shall have placed an order for shipment to his own stock for such
amount in accordance with the provisions for prompt specifications
and shipment contained in Rule 2, At~rticle XI of this Code, as set
forthi below. Minimum. requirements for quantity buyers are as fol-
lows: ]For quantity buyers located in Arizona, Idaho, Montatna,
Nebraskza, Nevada, North Dakota, South Dakota, Utah, and Wyo-
maing, 3,000 boxes of common window glass per year; from quantity
buyers located in Maine, New M~ex~ico, Oklahoma, and TPexazs, 3,500
boxres of common window glass per year; for quantity buyers located
in Alabama, Arkansas, Colorado, F~lorida, Georgia, L~ouisiana, Mis-
sissippi, New Hampshire, South. Carolina, Tennessee, and V~ermont,
4,000 boxes of common window glass per year, and for quantity
buyers located in the District of Col~umbia or in any other state or
territory the minimum requirement shall be 5,000 boxres of common
window glass per year.
(aa) Withnin. five days after the effective date of this code, the
Codle Authl~orit~y shall obtain from thne Wiildow Glass Manufacturers'
Association the records of the Alssociation based upon reports fromr
all mlember~s of the industry indicating the quantity buyers within
the trade. Within the same period, each member of the industry
shall file with the Code Aiuthority a list of all of his customers w9iho
are entitled to classification as quantityT buyers in accordance with
the classification here~inabov~e set forth whose names hav-e not there-
t~ofore been submitted to and made part of the records of the Win-
dow Glass Mfanufacturers' Association; provided, however, that
nothing herein contained shall in any way12 limit the right of each
member of the industry to adopt his own Independent classification
ofe customers in accor~dance with paragraph (a) and2 sub-paragraph
1(3) of patrngraph (b) of this Section.
(bb) In interpreting thde above minimum reqirilementss the aggre-
ga~te purchases of t~he buyer, as above defined~ in paragraph (1) of
thiis sulbsection, shall be taken as the basis, irrespective of the num-
ber or location of the distributing warehlouses or outlets oper~a.ted by
such buyer. Fior the purploses of this Sect~ion the term '" buyer shall
be deemed to include, but without limitation, d ist~rib u t i n w warehouses
or agencies operatedl, owned, or controlled by a member of thle in-
dulstry3 or by twio or mrore co~ncernls having a common or joint owiner-
ship or control.
(ce) The Code Authority shall from. time to tim te, i~iutbut not less
often than once each month, report to all membersofteiuty
all changes in and additions to the list of qluantit~y buyers as shown
by its records.
(dd) If the records and/or findings of the Code Author~ity as to
the qualifications of quantity buyers should be questioned by any
m~ember of thle industry or custo~mer, appeal may be made to the
Administrator byr suchn member of thle industry or cSustom1er1 who shall
determine the matter upon the facts presen"tedl.
(2) Other carload buyers shall be defined as bluyers in. carload
lots not included within the definition of "' quantity buyers ".
(3) Any member of the industry desiring to quote prices, dis-
counts, and other terms and conditions of sale on any other basis ofE
classification of customers shall define his or its proposed basis of
classification in such a way as to avoid unccertaintyy and discrimnina-
tion, and shall file th~e same in accolrdance with the provisions of
Article VII of this code, and shall refer thereto in filing price terms
under said ~Article VII.
(c) No member of' the industry shall by intimidaltionl, coercion or
other undue influence cause or attempt to ca use the inclusion of any
customer in or the exclusion of any customer from any class of cus-
tomers, or th~e exclusion of any class of customers from th~e classi-
fication, or the use of uniform or stipulated prices, discounts or
SECOTION 5. CJonISi~gnment')i Sales.--No member of the! industry shall
ship or offer to ship the products of this industry on consignment
except; (1) as may be provided in bona fide contracts and/or orders
binding upon all parties thereto and executed prior to thne approval
of this Code, or (2) under such circumstances as may be prescribed
bjy thle Code Authority subject to the approval of the Administrator.
All such consignment contracts and/or orders, whether executedl
prior to the approval of this Code or thereafter, shall be reported
to the Code ASuthority or to such agency as it may d`esigrnate.
ARTICLE X1-RAD~E PRACTICE RULES
General Defintitionz.-F~Eor all purposes of this Code the1 acts de-
scribed in. th~is Article shall constitute. unfair trade practices. ALny
member of the industry which shall directly or indirectly, through
an officer, employee, agent, or represEentativTe, knowingly use, employ,
or permt to be employed, any of such unfair practices shall be guilty
of a violation of the Code.
RU~LE 1. Labellin~g and Branding.--No member of the industry
shall sell or offer to sell or ship any light of common window glass
unless each light~t shall bear a label designating its quality and th~ick-
ness and the name, trade name, or regis~tered trade mark of the pro-
ducer, except that this provision shall not apply to lighlts of common
window glass ordered by and furnished to the purchaser for:
(a) silvering purposes,
(b) automobile and/or body manlufacturinga,
(c) specialty and/or novelty manufacturing,
or to common window glass of other than LAA", "'A", or "( B ") quatl-
ityT or to commIIon1 window glass of sixteen (16) ounce weight per
square foot or lighter, or to cylinder glass more than three (3) years
old as of the effective date of this Code. No member of the industry
shall- sell or offer to sezll or ship anly common window glass unless
each container shall bear a brand or mark designating its quality and
thickness and the name, trade name, or regaisteredl trade mark of the
producer. All11abels, brands, or marks shall be affixed by the member
of thie industry at the factory wFhere such lights of glass are prod ulced.
RUL;E 2. FIRspecified Contracts.--No member of the industry shall
accept any contract and/or order for the products of this industry
unless such contract and/or order provides that complete manufac-
turing data shall be furnished by the purchaser within thirty(30)
days after the date of execution. (signing or confirming)ofsc
contract anld/or order, and that shipment shall be made within sixty
(60) days after the date of said execution of such contract and/or
order, except that this provtisio~n shall not apply to: (1) orders bind-
ing upon, all parties thereto for the products of this industry required
for an identified structure or construction project, or (2) to contracts
and/or orders with the Federal Governmet of the United States or
any of its departments or agencies, or with any State or any political
RULE 3. BlacC~listinzg.--No member of the industry shall join or
participate with other members of the industry whzo with such mem-
ber constitute a substantial number of members of the? industry or
who together control a substantial per cent of the business mn any
specific product or products of the industry, in any transaction
known in law as a blackilist, including any practice or device (such
as a white list), which accomplishes the purpose of a blacklist.
RULE 4. Post-Dating.--No member of the industry~ shall post-date
or pre-dat~e any contract, invoice, quotation, or receipt, withhold from
or insert in any contract, invoice, quotation, or receipt any statement
which makes such contract, invoice, quotation, or receipt an inac-
curate statement either in whole or in, part or accept or offer to
accept any such contract.
RULE 5. MSeisreprSenta~tio7.-No member of the industry shall pub-
lish adv-ertising (wvhethler printed, radio, displayT or of any other
nature), which is misleading or inaccurate in any material partic-
ular, nor shall any member in any way misrepresent any goods (in-
cluding but without limitation its use, trade markr, grade, quality,
quantity, origin, size, sublstanlce, character, nature, finish, or ~tr~ength)
or credit term, values, policies, services, or thae nature or form of the
RULE 6. RCbatf8.--No member of the industry shall secretly roffer
or mlake any payment or allowance of a rebate, refund, commission
credit, unearnedl discount, or excess allowance, whether in the form
of money or otherwise, nor shall a member of the industry~ secretly
o~ffer or extendl to any customer anyS special service or privilege not
extendeed to all customers of the same class, for the purpose of in-
-fluencing a sale.
RT1E~ 7. I2?2r~ 86&/0 DOT 9e608.--All allowances on account of de-
fects inl quality shall be reported m~onthily to a confidential agent of
thie Code APuth~ority.,
RULE 8. C011 ingrztB ~Sa7lf.--RO member of the industry shall offer
to sell or enter into any agreement to furnish common window glass
contingent upon the sal~e or purchase of any other product, the per-
formance of any other service or any other contingency not appear-
ing in the cont ract of sale, or require that the purchase or lease of
any commodity be a pr~ereqluisite to the purchase or lease of any
Ruzzm; 9. Combinationz Bales of Industry arnd NVon-Indutry P~rod-
wcets.-No member of the industry shall directly or indirectly com=-
bine quotations for anry product of this industryT with anyT quota-
tion for any other materin, labor, or service, for the purpose and
with the intent or effect of concealing the true selling price of thie
product of this industry or with the intent or effect of injuring a
competitor or violating any of the provisions of this Code.
R~ri 1~0. lIndu~ring Breach of Contract.-N~o member of the in-
d-ustryJ shall knIowTinly~rS attempt to induce or permit its agent to
induce or attempt to induce the breach of an existing contract bje-
t~ween a competitor and his customer or source of supply; nor shall
any such member interfere wFith or obstruct the performance of such
contractual duties or service.
nRLE. 11. G01711727 ETZery.-N1~o member of the! industry shaUl
give, permit to be given, or directly offer to give atngthing' of value
for the purpose of influencing or rewar~ding the action. of anly em-
ployee, agent, or representative of another in relation to the busiess
of the employer of such employee, thne principal of such agent, or the
represented party, without th~e kniowledgce of such employer, princi-
pal,~ or party. This provision shall not b~e construed to prohibit free
and general distribution of articles commonly used for advertising
except so far as such articles are actually used for commercial bribery
as hereinabovie defined.
RULE 12. 98imatrl~~ion~ of Cornpetitors.--No member of the indus-
try shall. defame competitors by falsely) imputing to th~em dishonor-
able conduct, inability- to perform contracts, questionable! credit
standing, or by other false representations or by the false disparage-
ment of th~e gr~adec or quality of their product.
RUnLE li. ThT8868 Of Law Xuiif.--No member of th~e industry shall
publlishl or circulate unjustified or unwarranlted threats of legal pro-
ceedings which. tend to or have the effect of harassing competitors
or initimidatingc their cuistomers.
RULE~ 1-. ('Oledon.-No.~ memberltl of the industy shall require that
the purchal'se or lease of anIy service or product of this industry or
any service or product of another industry be a requisite or pre-
r~equisite to the purchase or lease. of any other service or product of
this industry or anyT other setrvcice or product.
RUTLE 15. Special Service.-No m~ember of the industry shall quote,
sell, or offer to sell or otherwise dispose of window glass in carloads
to be delivered to two or more parties direct in less than carload
lots without making an extra chaarge therefore commensurate with.
An interested party shall have thne right of appeal to the Admin-
istrtor, under such rue~s and regulations as he may prescribe, in
respect to any decision, rule regulation, order or finding maade, act
or omission to act, by the i~ode Authority whether or not so pro-
vided in any other part of this Code.
ARTICLE XIII--MODIFIC ATIONIS
SECTION 1. This COde and all the provisions thereof are expressly
m~ade subject to the right of the President, in accordance with the
provisions of subsection (b) of Set~ction 10 of the Atct, from, time to
time to cancel or modify any order, approval, license, rule, or regu-
lation issued under Title I of said Act and specifically, but without
limitation, to the right of the Preasident to canceel or modify his
approval of this Code or any conditions imposed by- him upon his
SIECTION 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experiences? or channges in circum-
stances, such modification to be based upon application to the Ad-
ministrator and such notice and hearing as he shall specify, and to
become effective on approval of the President.
No provision of this Code shall be: so applied as to permit monopo-
lies or mnonopolistic piractices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
ARTICLE XV-R FC~TRsT INao or MEMBERS OF THE TSNDUSTCY
'Eve~ry member of the industry shall comply with the rules and
regulations of the Adm~inistrator as to registration waiith the Code
Authority, or such other agency~ as the Administrator may direct
and includ~ing,a but without; limitation, the nulmber of shops, estab-
lisrnlents, or separate units thereof and their l~catio~n, as well as
each additional shop, establishmennt, or separate unit opened after
AH~TICLD XVTI--EFECTIVE DATE
This Code shall become ef~ctive on the second Monday after its
approval by the President.
Approved Code N1,. 533.
Registry No. 1021-1-05.
[Excerpts from Federal Stock Catalogue, Section IV (Part 5), ~" FederalNo Spif-G
cation for Glass; Flat for Glazing Purposes (beingseiiatoN.DDG
451, approved for promulgation by the Federal Spec~ificatiorns Board on April
DETALL RtEQUIREMIENITS FOR TYP B, OLEARL WINDOW GLASS'
E-2a. RequkiP~reents for all thiviolnesses.-lear window glass for glazing is
made in several different qualities and ______ thicknesses ,----- _.
Single strength and double streng-th windows glass is regularly suppliedl in two
standard qualities, known as A quality and B quality. A limited amount of
this glnss, known as AAQ quality, which is espc~ially free from defects, is some-
timess selected for special purposes anld may be specified if desired..
E1-2b.1 Specific requirements for single and double strength glass.
E-'-l (1). A quralily.-T1he defects permitted in this quality are faint strings
or lines, slight burn, small seeds, small blisters, and light scratches. No light
shall contain all of these defects, and those preset may not be grouped whben
in the central area of the sheet. Strings, lines, or burn speaks shall not be of
such intensity that they are visible when observing the sheet at an angle
greater than. 300 between the line of sight and the glass. Waves shall not be
visible at an angle greater than 20" with the glass. Blisters shall not exceedl
y% inch. in length unless they occur near the edge of the sheet.
In. general, the central area of the light shall be practically free from defects,
and the applearanc~e of the light as a whole shall be such that there is no
perceptible interference with the vision as long as one is not looking through
the glass at an. acute angle.
E2-L'I (2). B qulrnityl.--This quality admits of the same kind of defects as
A quality, but they may be larger, heavier, and more numerous. Occasional
scattered blisters not more than one-half inch long may occur over thne central
area of thle sheet. L-arger blisters up to 1 inch in length may occur about the
WavPes should not be of such intensity that they are visible wvhen. observing
the sheet at an angle greater than 45" writh the glass unless on the border.
Burn spots may be visible when looking directly through the glass, but they
must not cause any appreciable depression, and the speckled appearance must
not be so gren L;t as to interfere with vision when examining the glass in the
E--2c. Specific requirement for heavy sheet window glass.
E-2c (2). Factolry-run clua~lity/--This quality is the run of glass as produced
by the factory. It may contain glass of very good quality and some glass of
very ordinary quality. However, the glass that contains heavy cords, lines,
or strings over the entire surface, raised blisters, cap strings, stones, or batch
particles causing a rough~ surface or dePressiion, or having its surface covered
with beavy burn, wrinkles, deep scratches, or stone shall not be included in
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