Code of fair competition for the stained and leaded glass industry as approved on November 2, 1934

MISSING IMAGE

Material Information

Title:
Code of fair competition for the stained and leaded glass industry as approved on November 2, 1934
Physical Description:
p. 109-120 : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
Supt. of Documents
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Stained glass industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
"Approved Code No. 531 ; Registry No. 1021-13"

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004861515
oclc - 63655030
System ID:
AA00006519:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION


I
For sale by the Superintendent of Documents, Washington. D. C'. - Price 5 centa


Registry No. 1021-18


Apprved Code N1(o. 531


CODE: OF FAI I R COPE TITIONi
FOR THE

NE~D ~AND LEADED G

INDUSTRY

AS APPROVED ON NOVEMBER 2, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHIINGTON: 1934


STCIAII


~LASS
























This publication is for sale by the Superintendent of Documents, Governmentl
Printing Office, Washington, D. C., and by district offices of the Bureau of Foreign
and Domnestic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buifulol, N. Y.: Chamber of Commerce Building.
Charleston, S. C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianatpolis, Ind.: Chamber of Comnmerce Building.
Jacksonville, Fla.: Chamnber of Colmmerce Building.
K~ansas City, Mlo.: 1028 Baltimore Avenue.
Los Ang~eles, Calif.: 1163 South Broadway.
Ltouisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N. Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 Newv Post Office Building.
St. Louis, M~o.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, W7Sash.: 809 Federal Office Building.













Approved Code No. 531


COD)E OF FAIR COMPETITION
FOR THE

ST~AINIED ~AND LEA~~D]ED GLASS IUNDUSTRYZj

As ~Approved on NPovember 2, 1934


ORDER
APPOVING CODE OF FAIR COMPETITION FOR THE STAINED AND LEADED
GLass INDUSTRY
~An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery ~Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Stained and Leaded Glass Industry, and
hearings having been duly held thereon and the annexed report on
said Code, containing findings with. respect thereto, having been
made and directed to the President:
NOW THEREF'ORE, onl behalf of the President of the U~nited
States, the National Industrial Recovery Board, pursuant to author-
ity r-ested in it by Executive Orders of the President, including
Executive Order No.e 6859, dated September 27, 1934, and other~wise;
doe~s hereby incorporate by reference said annexed report and does
find that said Code complies in all respects with. the pertinent pro-
visions and will promote the policy and purposes of said Title of
said Act; and does hereby order that said Code of F'air Comp~etition
be and it is thereby approved; provided, however, that wTithin ninety
(90) days hereafter objections to and/or facts supporting the pro-
visions of the Code referring to Class A and Cluss B3 products andi
wagse differentials for sklille~d labor employed in the production of
such products, and to other labor provisions, shall be submitted to us
bythe interestedd parties, and further providing that if in. our opinion
teprov-isions applicablel to these matters do not appear to be fair, a
public hearing shall be held for the purpose of amendlingr the Code
in so far as it relates to labor provisions.
NaTroNaL INousanRIAL ]RECOV'ERY ISBOAD,
By W7F. A1. HIanARMDN, Bdminisflrafive OfflC67.
Approva~l rccommnendled:
WT ]P. E LLIS,
Acting Divisiion Administrator.
'II.\SHINGTON, D. C.,
NVove-mnber 89, 1'93.
94807*0---1325-21-31 (109)













REPORT TO THE PRESIDENT


TIhe PRESIDENT,
Th~e Wh7ite HiTouse.
SmR: This is a report on the Code of F~air Comnpetition for thne
Stainled' and Leaded Glass Industry, the hearing having been conl-
ducted in Washingrton on June 1, 1934, in accordance with the provi-
sions of Title I of the National I[ndustrial Reecovery Act.
HOUiRS AND WAGES

The Code provides that no employee shall be permitted to wtork
in excess of forty (40) hours in any one week, or more than eight
(8) hoursl in any twetnty-four (24) hour period or more than six (16)
days in anly seven ('7) dlay period, except that employees may be
pe~rmittedl to work not in excess of forty-eight (48) hours inl any one
weeki in any six (6) weeks in ainy six (6) months period; provided,
howTever, that any such emplloyees shall be paid at least one and
one-hanlf (11/2) times the Illnorml rate for all hours worked in excess
of eight (8) hours in any one dayT and forty (40) hours in any one
week. Exception:io is made for emplloyees engaging in emergency
Imaintenancee and/or r;pa;ir work, provided they are paid one aind
one-half (~114) times the no~rmal rate for hours worked in rexcess of
forty (40) hours in any one week or eight (8) hours in any one day.
Minimum, wage rates of $1.~00 per hour for wcork: done on the more
expensive type of industry products and 804 an hour for work done.
on the other products of the Industry are etabullishedl, except th~at
employees engagl~ed as helpers shall be paid at the rate of not less
than 40$ an hour and employees enreng~ted as apprentices shall be
paid at the rate of not less than 35g! an hour for the first six (6)
months of apprenticeship with an increase of 50 per hour at the end
of each six (6) months period during apprenticeship. Accounting,
c~lerIicarl or office employees shall be paid at a, rate of not less than.
$15.00 per week. A differential is established between soulthern'l and
northern wage areas, which provides that in the southern area th~e
minimum wnee~t rate shall be not less than ninety (90) percent of
the minimumn wage rate provided for in t'he Codel.

FCH:` NI\(I: IO EFFECT OF THE: CODE

This Industry, belenusei of its conc.llcctio~n with the Coural~ction
Industry, has salfei1~re severely during the depression. T'he number
of employees in the Industry in 1929 was approximately 3,500 but
had fallen to about 1,000 in 1933, the latest year for which figures
are available. The volume of production in 1933 was about one-sixth
of that in 1929, when it was estimaltedc at apprloximaltely $6G.000),000.
Ahcco~rd1.ing to the statistical] analysis of the Division of Research
(110)






1-11


and Planning the stimulation of employmllent i~n th~is Industry will
have to awPait anl increase in, building conrlstrulc.t ion.
FINDLINGS;

The D~eputy Administr~ator in his final report to us on said Code
having found as hlerein set forthl and on the bas~is of all the proceed-
ings in this matter,
We fid that:
(a) Said Code is wYell deignei!id to promo'"te the policies anld pur-
poses of T'itle I of the National Industrial Rcover~~y Act, including
removal of obstructions to the free flow of interstate anrd foreign
comlmerce~ which tend to diminish thne amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among trade groups, by
inducinga and maintaining united action of labor and management
under adequate govrnmerr~lr~ nta .csanctions andc sulpervision, byv el~lmnt.-
ing unfair competitive practices, by promoting the fulles~t possible
utilization of the present productivet capacity of indu trflieS, by avoid-
ing undue restriction. of production exceptt as may be temporarily
required), by increasing the consumption of industr1ial and agricul-
tural products through increasing p~urchasingb power by reducing
and relieving u~nemploymernt,:~ by imrov1,ing standards of labor, and~1
byT otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 emn-
ployees; anld is nlot classified by us as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including w-ithou~lt. limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Suibsec-
tion. (b) of Sectionr 10 thereof; and thatt tlhe applicant associatioon is
an .industrial association truly represe~nttatie of the aforesaid Indus-
tr; and that said association imnposesj no inequitablle restrictions on
admission to membership therein.
(d) The Code is not designed to and will not permit monopolies or
monopolistic practices.
(e) The Code is not designed to and wcFill not eliminate or oppress
small enterprises and will not operate to discrim~inzate against them.z
(f) TPhose engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons, therefore, we have~ approved this Code.
For the Naational Industrial Recovery Board:
WT. A. I~IaIuRnnin
Afdministrative Offi'oer.
NoVEBE 2, 1934.














CODE: OF FAII;R COlvrETITION FOR THE STAINE> ~AND
LEADED) GLASS INDUSTRY

AIRTICCLE --FURPOSES

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code? of
Fair Competition for the Stained and Leaded G-lass Industry, and
shall be the standards of fair competition for such Industry and
shall be binding upon every mremberl thereof.
ARTICLE 1- DEFINIT'IONS

1. The term Stainedl and Leadedcl Glass Industry as used herein
includes the fabricating and selling and/or installing of stained
glass windows, -.stained( and leaded glass, leaded glass, hard metal
glazedc and foil glazed glass, cutting and glazing and/or painting
and elmroting of any colored or crys3tal glass for windows or lights
a~nd the cu~tting~r and setting and installing of storms or protection
glass for buildings and other structures forprtcinoth tne
gass windows thereof; also installation of voentilaor oframes talee
brs and saddle bars for stained and leaded glass windows; provided
all installations and construction works at site shall be subject to any
applicable chapter of the Code of Fair Competition for the Con-
struction Industry.
2. The term Membercll of the Industry as used herein inlctludes,
but without limitation, any individual, partnership, associatlion,
corporation, or orthrc1 formn of enterprise engaged in the Industry,
either as an employer or on his or its own behalf.
3. The term employee as used herein includes any and all
persons engaged~c in th~e Industry, however compelcnsated, except a
miemberil of the Indusrctry.
4. T~he term "' emplloyer as used herein includes anyone by whom
such employee is compensated~l or employed.
5. The term n:sociation "l as ne~ed hlereini shall mean. the Stained
Glass Association of lamer~ica:.
6. The terms Presidenlt ", "Act ", and "Administrator ", as used
herein, mean re porct ively th~e President of the U~nited States, Title I
of thle Nationa~l Industriall Ret(r\coey ~Act, and the Admninistrator~ for
Industrial Recovery
7. The term. skilled craftsman. as used hzerein, shall include all
per''-!' uns wo have attained a high degrree of proficiency in glass
painting, gh-.I~S cutting, and lead, hard-metal, or foil. glazing~, by
serving a termIl of apprenticeship or otherwise.
8. The term. helpers as u-ced herein is defined to mean. persons
employed~ in dranft~ing,, glas painting, firing, and c~ement~~ing opecr-
ations, who, through no0t serymng an apprl1enticelshipr in the craft,
(112)






113


cannot be considered skilled craftsmen. Such. term shall not include
employees who cut or glaze glass, nor those who erect or paint glass
except as assistants under the direction of a skilled craftsman.
9. The termn apprentices as usecd herein is defined to mean per-i
sons wcho ar leapnrning the craft under articles of indent ure and agree-
ment of time covering a period7 of four y~ears.
10. The term Class A_ Product as used herein means stainledt
and/or leaded glass reproducing drawings and/or requiring the use
of patterns for the cutting of the glinss and/or the use of line or the
indication of modeling in the p'ainting process; exc~ludingr the maLnu-
facture of numbers of identical lights of uniform size and~ design, cut
from. one set of patterns, such as are made up and ca~rried in stock"
or otherwise, for sale to what is Imown as the sash and door trade ";
but including repetitions from the samellc designs and pantter~ns, fozMe
sets of w~indlows for chulrc~he s and other buildings, for which special
drawvings shall have been madte.
11. The term "L Class B; Product as used herein means such w~orkI
as can be produced without the use of patterns and/or by the process
known as gauge cutting ", and/or the manufacture of numbers of
identical lights of uni~formn size and design, cut from one set of pat-
terns, such as are made up to be carried~ in stock or` otherwFise, for
sale to what is known as the "L sash and door trade ", excluding repe-~
titions from the same drawrjings and paitter~ns for sets of w~indowsfr
churches anld other buildings, for which special draw-ings are mladle.
ARTICLE III-HUouns
1. No employee shall be permnitted to wiorkr in excess of forty (40)
hours in any one week, or more than eight (8) hours in any twenty
four (24) hour period, except as otherwise provided in this Article
III, and except that employees may be permitted to wnorki not in
excess of forty-eight (48) hours in any one w-eek in any six (6) wPee~ks
in any six (6) months period; provided, how~eer, that anly such
employee shall be paid at least one and one-half (11/2;) times the
normal rate for all hours worked in excess of eight (8) hours in aIny
one day and forty (40) hours in any one~ wseek.
2. The maxnimnum hours specified[ in Section 1 of this Article II
shall not apply to the following:
(a) Etmployees engaged in manag~erial or executive enpacities whol
regularly earn thirty-five ($335.00) dollars or more per wreek.
(b) Employees engaged in emergency maintenance and emergency
repair wrork mnvolvinc breakdcown or protection of life or property
provided, however, that such em ployees shall be paid at least one and
one-half (11/2) times the normal hourly rate for all hours w~orked
in excess of forty (40) hours in any one week and eight (8) hours in
any one day.
(c) Employees engaged as waztchmnen whvfo shall be permlitted to
work niot in excess of forty-eighlt (48) hours in any one week.
(d) Accounting, clerical or office? employees who shall be permtittedi
to work not in excess of forty (40) hours in anly o~ne wreek.
3. No employer shall krnowing ~ permit any employee to work
for any time which, when added to thke time spent at work for
another employer or employers exceeds the maximum permittedi
herein.






114


4. No employee shall be permitted to work more than six (6) days
in any seven (7) day period.
5. Any employer who does thre workr of a skilled craftsman or
helper shall be subject to the provisions of this Code as to hours
of labor.
ARTICLE T7- TiAGES

1. No employee, except as otherwise provided herein, shall be paid
inany pay period. less th-an at the rate of onle ($1.00) dollar per
our for Class A Products and eighty (80) cents per hour for Class
13 Products.
2. The minimum hourly wage specified in Section 1 of this Article
IV shall not apply to thie following:
(a) Eimployeesn e~ltngage as helpers., comnprisinlg not more than. one
such helper for each two skilledr craftsnen~, who shall be paid not less
than at the ra;te of forty (40) cents per hour.
(b) Employees engaged as apprentices, comprising not more than
one such apprentice (but any member of th~e I~ndlustry may employ
at least one apprentice) for each five (5) skilled craftsmen, who
shall be paid in any pay p~eriodt not less than at the rate of thirty-
five cents (350) per hour for the first six months of the ap~pren-
ticeship, with an increa~se of five cents (50) per hour at the end of
each six-month period during the apprenticeship.
(c) Accountingr, clerical or office employees, who shall be paid in
any pay period not less than at the rate of fifteen dollars ($15.00)
per week.
83. No employee in the South shall be paid in any pay period less
than at the rate of ninety (90) percent orf the rates of pay specified
in Sections 1 and 2 of this Article IV. F~or the purposes of this see-
tion, the term South. shall mean and include the States of North
Carolina, South. Carolina, Georgia, Florida, Tennessee, Atlabama,
1Vississippi, Texas, Arkansas, L~ouisiana, and Oklahomna.
4. No cutters, glazers, or glass painters shall be given piece or
contract w-ork.
5. This Article IV establishes minimum rates of pay which shall
apply irrespective of" whether an employee is acknr~lly c~omlpensafte d
on a time ratet, piece rate, or other basis.
6. Equitable adjustment of compensation of employees receiving
more than the minimum rantes of pay herein prescribed, shall be madc~e
by all employers who have not heretofore made such adjustments,
and all employers shall, within sixty (60) days after app~lrovall of
this Code, report in full to the Code Authority and to the Adminis-
trator concerning such adjustments, whether made prior to or subse-
quent to such. approval; provided, howPev~er, thnat In no event shall
hourly or w~eekly~ rates of pay be reduced.
7. No employees now elbngaged at a rate abov\e the minimum shall be
dischargedC'c and reemployed or replaced by another at a lower rate
for the purpose of diefe~ating the provisions of the APct or of this
Code.
8. Each, employer shall make pnymlent of all wa~ges due in lawful
currency, or by negotiable check therefore payable on demand. These
wages shall be exemplt from any payments for pensions, insurance,
or sickr benelfits other than those voluntarily paid by th~e wage earners,






115


or :requir~ed by Starte lawPs. Wages shall be paid at least once a w-eek~
and salaries at least twice a month. N-o employer shall wvithhol
wages. T'he employer or his agLents shall accept no rebates directly
or indirectly on such wagesi nor giver anythinlg of value nor extend
favors to any person for the purpose of influencing rates of wagbes
or thre working c~ondtitions~ of his employees.
9. Femarle emnployees; perfor minglb substantially the same work~ll as
male employees shall receive the same rate of lay as male employees.
10. A person whose earnings, capaciity is limited- beenuse1-( of ageR or
p~hysical or mecntal handicap or other infirmity may be employed on
light work at a wager~ belowf the niinillnuml established by this Code,
if the employer obtain~s from the Statte authority des~ignatedl by the
United Statecs Dpatmenl'l:Flt of L~abor a certificate aluthor~izing~ his
unemployment at LsuchI wages and for such hours as shall be stated in
the certificate. Suhotoiysalb uddby the instructions
of the United' States~ Dpatmenl~ll~it of Labor in i ~uingb cer~tifie~ntes to
such perlsons. Ea~~1ch emp~loyer t-hall file mlonithly with the Code Au-,
thority a list of all such persons employa''l by him, showing thle wages
pa~id to, and the maximum hours of workr for such employee.
ARIrrlCLE VTT--GENERAL I;ABOR PRovialoN s

1. No person under sixteen (16) years of age shall be em-ployed
in the Industry or anylone under eighrtleen (18) years of age at op-
erat io~ns or occupantionlls hazard~ou~s in. nature or d-etr~imnlrtal to health.
TIhe Code Authority shl~nl submit to the Administrator for approval
wFcithin sixty (60) days after th~e effective late of this Code a list
of liul:h opert~lnionY or oc.cupa)~tions.. In anly rStat. an employer shall
be dteemed~ to have complied with. this p~r~ovision~ if he shall have on
file a certifiente duly issued by the authority empowered to issue
em~ploymentn or age ce~rtificate~s sh~owing tha~t the employee is of the
required ag~e.
2. (a) Empllloy~ees shall have the right to organize anld bargain.
collect~ively through h representatives of their own choosing, and shall
be free from the, interference, restraint, or coercion of employers
of labor, or their agents, in the desi nation of such r~ep-resenntatives
or in self-organization, or in other concerted activities for the pur-
pose of collective bargaining or other mutuanl aid or protection.
(b) No employee and no one seeking employment shall be re-
quired as a condition of employment to join any compa~nly umion
or r~eframn from jommig, orgamizmg, or assisting a labor or~ganization
of hiis own1 choosing.
(c) Employers shanll comply with the maximum hours of Inbor,
mninimumll rates of pay, a~nd other conditions of employment, ap-
proved or p'rescribed hv the President.
3. No prov\isionl in this Cod~e shall super~ede. anly State or Fed-
eral law which imlposers on employers more stringrent requirements as
to age of emlployees, wn:ecs, hours of wmorkr, or as to safety, health,
sanitaryr, or e~ne~ral working;l! conTitionS, or inslrance, or fire protee-
tion, than are imnposed by this Code.
4. No employer shall lec~lassi fy employees or duties of occupations
performed or engagje in any other sublterfug~e so a~s to defeat the
provisions or purposes of the Acit or of this Code.







116


5. Arll employers shall comply with the rules and regulattionrs issued
from time to time by the Administrator with respect to posting
notices, bulletins, and extracts from this Code.
6j. Every em~plo~yer shall provide for the safety and health of hris
employees at the place and during the hours of their employment.
Minimum standards of safety and health shall be submitted by the
Code Authority to the Administrator for approval within three (3)
months after effective date of this Code.
7. No employee shall be discharged, demoted, or otherwise dis-
criminated against for reason of making a complaint or giving evi-
dence with respect to an alleged violation of this Code.
8. Standards as to the maxrimumn hours of labor, minimum rates
of pay, and such~ other conditions of employment as may be neces-
sary to effectuate the policies of TCitle I of the Act mary be established
for any area by mutual agreements between employers and employees
arrived at and approved pursulant to the provisions of Section
7 (b) of the Act, provided that the wage and hour provisions of such
agreements shall not be le~ss favorable to employees than the wage,
hour and other labor provisions established in this Code.

ARTICLEn VTI--ORGANIZABTION, POWERS, AND DUTIES OF THIE CODE
AUTInourrr
ORGANIZATION ANTD CONSTITUTION
1. A Code Authority is hereby established consisting of three per-
sons, or such other number as may be dlesignated from time to time
by the Administrator. Two members of the Code Authority are
to be elected within thirty (30) days after the effective date of this
Code and thereafter annually by the Association. and one member to
be elected within thirty (30) days after the effective date of this
Code and thereafter annually by members of the Industry who are
not members of the Association. No two members are to be elected
from the same towFPn or city, and the method of election is to be
approved by the Administrator.
2. In addition to membership as above pi-ovided, there may be one
to three members, without vote, to be known as Administration
members, and to be appointed by the A~dministrator to serve for
such terms as he ma1Iy specify.
3. Each- trade or industrial association directly or indirectly par-
ticipating; in the selection or activities of the Code Authority shall
(a) impose no inequitable restrictions on membership; and (b)
submit to the Administrator true copies of its articles of associa-
tion, bylaws, regulations, and anly amendments when made thereto,
together withL such other information as to membership, organiza-
tion, and activities as the Aidministrator may deem necessary to
effc~ctuante the purposes of the Act.
4. In order that the Code Authority shall at all times be truly rep-
resentative of the Industry and in other respects comply with the
provisions of the Act, the Adminmistrator may prescribe such hear-
ings as he may deem, proper, and thereafter, if he shall find that the
Code Authority is not truly representative or does not in other re-
spects comply with the provisions of the Act, may require an ap-
propriate modification of the Code Authority.







117


6. NJothing contained inr this Code shall co~nstitulte the mlembe~rs of
the Code AQuthnority pa rt ne rs f or any~ purpose. Nor shall any me~m-
ber of the Code Author~ity be liable in any manner to anyone for
any act of any other member, officers, agent. or employee of the Code
Authority. Nior shall any mem~lbr of ther Clode Authority, exrc.ising
reasonable diligence, in the co~nduct of his duties hereunder, he liable
to anylone for any actionl or omnissio~n to act under this Codec. except
for his owTn wilful mal frnsa nce- or nonllfensan ce.
6. If the Adcministrantor shall at anyy tirnw~ determined that any action
of th~e Code Authrority or any agency thetreo~r f may be unfair or unjust
or conlt~a ry to the public interest, the Adli n ist ra torl may require that
sulch action be susp~end~edl to afford anl opportunity for investigation
of the merits of such action and further c~onsider~ation by such Code
Authority or ag~rency) plending~ final action which shall not be effective
unless the Administra~tor app~ro-es or unless he shall fail to dis-
appr'ove after t'hir~ty (30) days' notice to him of intention to proceed
with such action in its original or mod~ifiedc formn.
POWERS ANTD DUTIES

7. Sub~jec~t to such rules and regu~laltio ns as may be issued by t~he
Administrator, the Code A~uthority shall have the following powers
and duties, in addition to those authocr~ize~d by other provi~sions of
the Code.
(aL) To insure the exec~utionl of the provisions of this Code and to
prov-ide for the compliance of the Indtustr~y with the provisions of
the Acet.
(b) To adopt bylaws andi rules and regulations for its procedurre.
(c) To obtain from members of the Indlustry such information
and reports as are r~equiredl for the administration of the Co~de. In
addition to information required to be submitted to the Code Author-
ity, members of the indurstry subject to this Code shall furnish such
statistical information as the Admninistrator may deem necessarlly for
the purposes cited in Section 3 (a) of the Act to such F'ed~eral and
State agencies as he: may designate; provided that nothing in this
Code shall relieve any member of thte Industry of any existingb abli-
gations to furnish reports to any Governmental agrency No indi-
vidual report shall be disclosed to any otherl member of thle Industry
or any other par~ty except to such other Goer~nmental agencies as
may be dlirectedl by the Admrinristrator.
(d) To use suchi trade associations and other agrencies as it deems
proper for the car~rying out of any' of its activities provided for
her~ein, provided that nothing herein shall reclieve the Code Authocr~ity
of its duties or responsibiilities under this Codle and that such trade
assoc~iationls and agencies shall at all times bet subject to and comnply
w~ith the ~provisio~ns hereo~f.
(e) To mnake recomsmellndatins to the Administratorr fo thle co-
ordtination of the administration of this Code with such~l other codes,
if any, as may~ be related~ to or atfecct membrs of the 'IndustryS.
.(f) To r~econul~nen to the Administratorl any action or measures
deemed adlvisable, including further fair practice Irovisions to gov-
ern members of thle indlustrya in their retlations5 wilth each other or
with other industries; measures for inidustrial planning and stabili-







118


sration of employment and including modifications of this Code
which shall become ef etive as part hereof upon approval by- the
Acdmainistrator after such notice and hearing as he ma9 spech7ify.ee
()To appoint a Trade Practice Committee which salme
wihthe Trade Practice Committees appointed under such other
cods a ma bereltedto he ndutryfor the purpose of formulat-
inPg fair trade practices to governthretinipbtwnem
ployers under this Code and under such other codes to the end thlat
such fair trade practices may be proposed to the Administrator as
amendments to this Code and such other codes.
(h) T'o assemble data relating to the importation of stained and
leaded glass into the United States on such terms or under such
conditions as to endanger th~e maintenance of this Code, for the
purpose of carrying out the provisions of Section 3(e) of the Act.
8. The Code Authority may appoint such committees or agents as
it may deem necessary and may delegate to them or to any divisional
or subdivisional agency such of its powers or duties as it may deem
proper for the administration of this Code; provided, however, that
It shall reserve final responsibility as to any po-wers or duties so
delegated.
9. (A) It being found necessary in order to support the adminis-
tration of this Code and to maintain the standards of fair competi-
tion established hereunder and to effectuate the policy of the A"ct,
the Code Authority is authorized:
1. T~o incur such reasonable obligations as are necessary and
proper for thne foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and
which shall be held in trust for the purposes of the Code;
2. To submit to thie Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem
necessary (a) an itemized budget of its estimated expenses for
thle foregoing purposes, and (b) an equitable basis upon which
the funds necessary to support such budget shall be contributed
by members of the Indlustry;
3. After such budget and basis of contribution have been ap-
proved 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
there-for in its own name.
B. 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 hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Ad~ministrator.
Only members of the Industry complying with the Code and con-
tributing to the expenses of its adminnistraltion as hereinabove pro-
vided, unless duly exempted fromt makiing; 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 mak~e use of any emblem or insignia of the National Reco~very
Administration.
C. The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated mn its
approved budget, and shall in no event exceed the total amount






119


containedl in the app>urove ~d budgt ex~lcept upon' approva';l of the
Administrator; andl no subsequetlnt: budg..-~t shall1 contain any de-
ficiency item ~for expendlitures inl excess of prior budget estimates
except those which the Adml~init entor,~ shall ha~ve so applrovaPl.
ARTICLE: VII -TRA\DE ]Pnwn e'I r~s

1. T'he term complletitive bidrling~"' as IIct( herecin shall me~an
thie submission at or before a, detfinite pre-letermI~inedl t~ime of pro-
posals by two or more m~embelrs of the Industry to anl aw~arding
authority to exrecute a specific prlogram1 of work11, furnishing
definite, service or supplying manter~idi specifically required for a
particular project at a stipulated price. This does not include fur-
niishinig quotations on standard~ products. The termll awardling
authority as usesd herein shall mlean anly person, firm, covrpor~lation,
or g~over~nmental atgencly who may upon competitive bidd~ing~ award
cont racts.
2. The practice commlonly known as bid peddcling is charac-
terized as unfair and shall not be engaged~l in bly any member of the
Industry. Bid npeddt'linr inl effect mceans the offeringl~ by the bidder
prior to the makling of an award of a substitute bid or price lower
than the one originally bid without a commnluratI~~n e dtcreasc~ in.
the requirements of the job. Thle correction of the abu-estl resulting
from such practice is obtailablIe by regulation :re tric-tingb or con-
trolling bidders.
3. No member of the Industry shall submjnit more than one bid
or mnore than onle dlesignl on. the same part of the work: conitempnlate d,
except w~her~e alternates are called for and required of all competi-
tor~s alike, and no member shall bid after closing date fixedl by
awardI~i ng authority. This section applies in comp~ettitie bidding.
4. No conltr~act. shall be accepted at other than thle price spec.ifiedl~ in
a design competition. No contract shall be accepted2 at a price other
than that submitted in the competition by thie selected comnpe.titclr.
5. No member of the Industry shall quote more thanr one price in
the samle competition, except that a revised quotation may be sub-
mitted when the plans and/or specifications have been substantially
changed, and have been subminitted to all competitors alike.
6. No member of the Industry shall give or offers any rebate,
refundc, discounrt or sEpecial allowancee or service, whether in thle
forml of mo~ney or oitherwfise, unless intlcluedl in his original bid.
7. (a) Each member of the Industry shall make a. reasonable
chiargve for the service involvedl inl p~reparing designs, sanmple wmn-
doews or sections, when submitted in competition with other mrilembes
for the sazle of' Indlstry prodlucts; providled', however, no cha~'rrge need~
be mande for d-esigns oln contracts of three hundred ($300.00) idollnes
or less for three or mo~e. windows.
(b) The chalrgre for such se~rvrice shall be based upon a fee to be
mnutually ag;reedl upon between thle member of the Indlustryp and th~e
awa-rdingr authority, whl-ich ~fee shall be at least equd~l to thle sumn of
all costs inl connection with. the service.
(c) All dlesigrns submitted in any! compel~titionl shall remain the
property of thle members of the Industry bidlding inl such competition,
unless spcc.ifically agreedl to by all such member~ s ailkc.







120


8. The Code Authority shall cause to be formulated methods of
cost finding and accounting capabcle of use by all members of the
Industry, and shall submit such methods to t~he Administrator for
review. If approved by the APdministrator, full information concern-
mng such methods shall be made available to all members of the
Industry. Thereafter, each member of the Industry shall utilize
such methods or other methods that conformn to the principles of, and
are at least as detailed and complete as, those formulated by the Code
Authrorityr. Nothing herein contained shall be construed to permit
the Code Aluthority, ally agent thereof, or any member of the In-
dustryy to suggcest uniform additions, percePntages or differentials or
other uniform items of cost which are designed to bring about
arbitrary uniformity of costs or prices.
ARTICLE VIII-B/0DIFICATION

1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in a~ccordatnce with the provi-
sions of subsection (b) of Section 10 of the Act, from time to time
to cancel or modify any order, approval, license, rule, or regulation
issued under Title I of said Act.
2. Such of the provisions of this Code as are not required to be
included herein by the Act may, with the approval of the Admin-
istrator, be modified or eliminated in such manner as may be indi-
cated by the needs of the public, by changes in circumstances, or by
experience.
ARTICLE IX--ATONOPOLIES, ETC.

No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrim-
inate against small enterprises.
ARTCLE X--PurcE INCREASE

WChereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price in-
creases except such as may be required to meet individual cost should
be delayed, and when made such increases should, so far as possible,
be limited to actual additional increases in tlhe seller's costs.

ARTICLE XI EFFECTIVE DATE

This Code shall become effective on the tenth day after its approval
by the President.
Approved Code No. 531.
Registry No. 1021-13.






































































































C




UNIVERSITY OF FLORIDA
11 11111111111lll Ill # U l I II III I
3 1262 08486 8719