Code of fair competition for the American glassware industry as approved on January 16, 1934

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Title:
Code of fair competition for the American glassware industry as approved on January 16, 1934
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p. 257-271 : ; 23 cm.
Language:
English
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United States -- National Recovery Administration
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Supt. of Documents
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Washington, D.C
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Subjects / Keywords:
Glassware industry -- Law and legislation -- United States   ( lcsh )
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federal government publication   ( marcgt )
non-fiction   ( marcgt )

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Also available in electronic format.

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University of Florida
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All applicable rights reserved by the source institution and holding location.
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aleph - 004850653
oclc - 63655032
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Full Text

I 'I
Por sale by the Superinlandent of Documents, Washington, D.C. - Price 5 cents


Approved Code No. 215


Registry No. 1022--04


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION
FOR THE

AMERICAN GLASSWARE


WE DD OUR PART


''
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I'I--- --~


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1984


INDUSTRY
AS APPROVED ON JANUARY 16, 1934























This publication is for sale by the Superintendent of Documents, Government
Printing Offce, Washington, ID.C., and by district offices of the Bureau of
Foreign and D~omestic Commerce.
DISTRICT OFFICES OF THIE: DEPARTMENT OF COMMERCE

Atlanlta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buff~alo, N.Y.: Chamber of Commerce Building.
Charlestonl, 8.O.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North W~ells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commzerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber -of Commerce 1Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Comamerce Building.
K~ansas City, M~o.: 1028 Baltimore A8venue.
Los A~ngeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, T'enn.: 229 Federal Building.
1Minneapolis, Minn.: 213 Federal Building.
New Orleanls, La.: Room 225-AB, Customhouse.
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Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Oliv~e Street.
San Francisco, Calif.: 310 Customahouse.
SSeattle. Wash.: 809 Federal Office Building.












Approved Code No. 215


COD)E OF ]FALIR COIMPETIITI[ON
]FOR THE:

AMERICAN GLASSWAR INDU~JSTRY

As ApprovTed on Janluary 16, 1934





ORDER

APPROVING CODE OF FAIR COM[PETITIONll
FOR THE

AMEI[CAN GL;ASSW~TAR;E INJDU~STI~RYJ

An applications having been. duly made pursuant to and lin full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved Junle 16i, 1933, for approval of a Code of
Fair Competition for the American Glassware Industry, and hear-
ings 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:
NOWOI, TH~E'IREF'ORIE, on behalf of the President of the United
States, I[, HEugh S. Johnlson, ALcdminlistrator for Industrial Recovery,
pursuant to authority vested in m~e by Executive Orderrs of the
President, including Executive Order No. 6543-AL, dated Decem-
ber 30, 1933, and otherwise; do hereby incorporate by reference
said annexed report anld do find that said Code complies in. all
respects -with. the pertinent provisions and will. promote the policy
and purposes of said Title of said Act; and do hereby order that
sa~id Code of F'air Competition be and it is hereby approved.
HuanI S. JoHNSON
A dmin istrator for Industr~ial Recovery.
Approval recommended :
GEORGE I;. BERRY,
Division Adrin~istrantor.
WVASHINGTON, D.O,CI
January 16, 1934~i.
(257)
82789" 313--75 34











THIE PRESIDENT,
The White HElouse.
SmR: A Public Hearing on the Code of Fair Competition for the
~American Glassware Industry, submitted by the American Glass-
ware Association, located at 19 West 44th Street, New York, N.Y.,
wvas conducted in W~ashingtonJ on the 3rd of Novem~ber 1933 inr ac-
cordance with the provisions of the National Inldustrial Rtecovery
A1Sct. TIhe ALssociationr claims to represent 80 percent of the Industry.
This Industry is intimately related to thie Glass Container lIndus-
trry and a number of plants have their production divided between
these two Codes. For that reason the hour and wage provisions of
this Code have been made to conform with the hour and wage pro-
visions of the G~lass Container Code.
The maximum hours permitted under this Code are forty (40)
hours per week, as averaged over a period of thirteen (13) weeks,
provided, however, that in no case shall any employee be permitted
to wCork in excess of forty-eight (48) hours during any one week.
For clerical and office employees a maximum is permitted of forty
(40) hours per week averaged over each four (4) weeks' period and
not in. excess of forty-eight (48) hours in, any one week.
The minimum wage is forty cents (404)r per hour, unless the
hourly rate for the same class of work onz July 15, 1929, wsas less
than forty cents (400) per hour, in which case the minimum wage
shall be not less than the wages paid in July 1929, and in no case less
thran thirty cents (304) per hour.
The outlets for the products of this Industry are wholesalers, job-
bers, retailers, and various manufacturers of other products who use
glass in the fabrication of their commodities, including the manu-
facture of storage batteries, signal devices, artificial illuminating
equipment, etc. The exports to foreign maarkrets are small coml-
pared with the total volume of business.
The demand for glass products is fairly uniform throughout the
year, due to the wide uses to which glass has been put. Due to the
fct that the American Glassware Industry is so interwoven withn
other industries throughout the country, an upturn in general busi-
ness conditions should be reflected favorably in this Industry.
On. the basis of the 40-hour week, 3,104 wage earners should benefit.
through. reemploy~ment. This increase represents 15.08i70 which will.
bring the total number of employees up to 23,797.
The value of commodities produced by the 8American Glassware
Industry aggregated during 1929, $90,865,936. During 1_931 product
value declined 32.2 per cent under the 1929 total, or to $631,633,709.
F~INDINGas

The D~eputyr Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the! pro-
ceedlingrs in this matter;
(258)






259


I find that--
(a) Said Code is well designed to promote thle policies and pur-
poses of Title I of the National Industriall Recovely Act, includlingr
removal of obstructions to the free flow of intrltalte and foreign
commerce which tend to diminish thne amount thetre~of anrd w-pill pro-
vide for the general wtel fare by pr~nromtin g the orran izationl of inrdus-
try. for thle purpose of cooperantive action among the trande groups,
by inducin~g alnd malintainingr unitedl action of In~labo and management
under adequate governmental sanctions and supervision, by elim-
in ating uin fa ir competitive pract ices, by promioting the fullest possible
utilization of the present productive capa>cityS of indu~stries, by avoicd-
mng undue restriction of production (exccept as may be tem~poralrily
required), by increasingr the consumption of' industrial andlc agrienlI-
tural products through incre~asing purc'ha1sing power, by redlucingr
and relieving unemnploymntn by imnprovingr standards of labor, andi
by otherwise rehabilitation industry.
(b) Said. Industry normally emplloys not more than 50.000 emp-
ployees;; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects withl the p~erti-
:nent provisions of said Title of said Act, including without, limnitation
Subsection (a) of Section 3, Surbsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof; and that the applicant association
is an industrial associntion truly r~eprlesentativet3 of the aforesidi~ In-
dustry; and that said Association imnposers no inequitable restrictions
on admiission to memlbershipp therein.
(d) T'he Code is not de~signedl to and will not permit mnonop~lie~s
or monopolistic practices.
(e) The Code is not designed to and will not e~limninate or oppress
small enterprises a~nd will not operate to discriminate Igalinlst them.
(f) Those engagred in other steps of thert economic process hav~\e not
been dep~rived of the right to be heard prior to appr~oval of said Code.
This I~ndustry has cooperated in a most Satisfactory mannI1Ier within
the Adminristra~tor inl the preparation of this Code. From evidence
adduced during thisz hea~ring and from recommendarl~tiolns andJ Ireports
of the various Advisory Boards it is believed that this Code as nowFl
proposed and revised represents an effective, practical1, equitable solu-
tion for this IndustryT and for these reasons this Code has been
approved.
Respec fully,
HUG[vH S. Jourxsos,
Adi nrr istl~rator.
JANUAR 16j, 1934.














FOR THE
AMRI~flCASN GLASSWARE INDUSTRY


AirrlCLE I--PURPOSES

To effectuate the policies of T'itle I of thne National Industrial
Recovery Act, this Code is established as a Code of Fair Competition
for the ASmerican Grlassrn re Industry, and its provisions shall be the
standards of fair competition for such industry and binding upon
every member thereof.
Ana[ILEr II-DEFINITIONSf

1. The term Grlass~nre. Industry ats used herein means the busi-
ness of producing glassware, other than glass marbles, glass con-
tainers, flat glass, optical glass, and fab ricated laboratory glassware
in the continental U~nitedl States, its territories or possessions.
2. The term association means the American Glassware Asso-
0180108n.
3. The term L"memnber of the `Industry includes, but without
limnitatioln, any individual, partnership, association, corporation, or
other form of enterprise engaged in the industry, either as an
emp~loyerr or on his owFPn behalf.
4. The term emp~loyee "' as used herein includes any and all per-
sons engaged in thne mldustry, however compensated, except a member
of the industry.
5. The term plant ", as used herein, means a place where glass-
ware, as defined in Section 1 of this article, is produced.
6. The terms "'Act and "A~diministrator as used herein mean
resiec~t~ively Title I: of thte National Industrial Recovery A4ct, and the
Administrator for Industrial Recovery.
7. The term majority vote ", as used hnerein, shall mean that
each. member of the imndstry, as defined in Section 3 of this article,
shall have one vote and at each. meeting of the members of this inldus-
try a qulor~um shall consist of members whose votes represent at least
51%1 of the total votes and whose registered sales volume equals at
least 51% of the total registered sales volume; 75%0 of the members
of the industry present at such meetings shall constitultc a majority
vote, provided that the total registered sales volume of such number
of members equals at least 75%/ of the total registered sales volume
of all memlbers present.
8. The term staff means the employed personnel of American
Glassware Association, anrd may be an Indivtidual, partnership, or
(2360)


COD)E OF FAIR COMPETITION





261


corporation, which shall not, however, be financially interested in
any member of the industrT.
9. The termx D~ivisionls includes the following branches of the
Glassware Industry:
A. LLUMINAINa~~ GrLASSWARE DIvIISION includes all glassware used
inr connection wcsith. artificial sources of illumination where such glass-
ware, by virtue of its shape, dlesigrn, and material composition, is in-
tended to modify, to reflect, ando/or to diffuse, the light, emanating
from the source of artificial illumninationl andl/or to decorate the same
as described in paragraph 1 of this article, excluding those specifi-
cally Drovided for in the definitions of other D~ivisions.
B3. TECHFNICAt L A~5ND INDUSTRIAL GLASSWARE DIvirISoN includes--
1. Glass parts for electrical devices, consisting of glass parts
for electrical Ilamps lightt sources), radio tubes, power
vacuum tubes, photo-electric cells, gaseous discharge
tubes, X-Ray appar~atus, and other similar electrical
devices.
2. Glass inrsulators and Ins~ulationL.
3~~n~.i Sig nnal laswre, consis;ting of railway, marine, aviation,
and traffic signal glassware, including ~flood lights, bat-
tery jars, gauge glasses, and glass parts of signal app~ara-
tus, and also rlamp chimneys and lantern globes made to
specification for railway and marline uses.
4. VCaew~umI glasswacre, consisting of glasswcPare for insullatedl or
evacuated containers.
5. Cook~iing gll~a~ss are.
C. LAMIP CHIMINEYS AND LANTERN GLOBES 13IV1810N includes lamp
chimneys of a variety of sizes and shapes of blown, clear g~lasswae
plain or decorated, manufactured either by hand or machine, usd
on lamp equipment which burns kerosene oil or gasoline, or on
equipment which simulates such lighting apparatus, except lamp
chimneys used in ligahthlouses or on or in connection with railways
and also includes lantern globes (other than railway lantern globes)
of a variety of clear and/or colored blown glass shapes manufacturedl
either by hand or machine used on oil lighted equipment, or on
equipment which simulates such apparatus.
D. SCI~ENII TA88~WARE DI)VISION includes laboratory, surgical,
and hospital glasswrare in blown anid pressed shapes, also drawn or
fabricated tubinga and rod, excepting, however, fabricated laboratory
gla3sswarIe.,
E. AerouniAc TITMrBLE GLA88WFARE DIvI\sion includes blown, or
pressed, or pressed and blown, tumblers produced by full aumtomtic
p recess.
F". AIrroJTAIC GLASWAlRE DIV'ISION includes pressed, or pressed
and blown, glassware produced by fully automatic process, not speci-
fically defined under other Divisions in the Article.
G. AUTOMLOBILE LA88WARE IDIvTsion incIludes letns and other signal
glassware for automobiles.
H. BLown TABLE GLASSW'ARE DIv'ISIOS includes paste mould, iron
mould, and "L off-hand "' tableware, stemware, tumblers, and kindred
item mad byhand or semiautomatic process.
I.,,d Brow GLASSWARE DIlVISION :inclludes those gnralylse
groups of blown articles, paste and iron miouldl, made by hand and





262


semziautomattic processes, clear and colored, plain and decorated,
private mould and otherwise, not specifically covered byr other Divi-
iionns, suc~h asn glarsswareP for vend~ing andr display devices, cylinders,
jars, lamp bases, lamnp columns, lamp stems and parts, sacramental
gllassware, aquaria, seed cups, glassware for coffee- and tea-makiing
devices, and other kindred groups, commonly recognized by the
trade.
J. PRESSED LA88eWARE DNIvIson A includes those generally listed
groups of pressed or pressed and blown glassware, melted in tanks,
made by side-lever, rotary, and semiautomatic processies, such as
tableware, stemware-, tum~blers, jars, bar goods, sodar-fountain glass-
ware, hotel- and restaulrant-supply glasswPare~, kitchen. glassware,
stationers glassware, and other kindred groups, commonly recognized
K.~" PRaE.SE GLASSWARE DIVISION B includes those generally listed
groups of pressed or pressed and blown glazsswfare, melted in. pots,
made by side-lever, rotary, and semniautom~atic processes, such as
tableware, stemwl7Care, tumblers, jars, bar goods, snoda-fou~ntain glass-
ware, hotel- and restaurant-supply glassware, kitchen glassware,
stationers glassware, and other kindred groups, commonly recog-
nizedl by thle trade.
L. GLASSWARE CUPTING AND DECORATING I)IVISION meltingg plants
only) includes all cutting, acid etchning, needle etching, sand blast-
ing, or other embellishments added to glassware blankrs by pro-
ducers of blanks, exrcepting those provided for under ]Div~ision A.
M. GLASSWARE CUTTING AND DECORATING DI\asion (nonmeltingr
plants) includes all cutting, acid etchting, needle etching, sand blast-
ing or other emb~ellishmenIts added to glassware blanks by manu-
facturers performing this function only, excepting those! provided
for under Division A.L
~N. MISCELLANEOUS GLABSSARE DrvrIaow includes all glass products
not specifically defined under other Divisionls in this article, such
as glass novelties, glass specialties, private-mould articles.
A~nnos III----M~luar norn HUS

SECTION 1. No employee shall be permitted to work in excess of
forty (40) hours per week, as averaged over a period of thirteen (13)
weeks except such employees as are expressly exempted froml the
provisions of this article, provided, however, that in no casez shall
arny emlnployee be. perlmit~tedI to work in excePss of fonrtyv-eight (48)
hours during any one (1) week.
SEC. 2. LlOztr for Olerical and O~ffice Employlees.--No person emn-
ploy~ed inl clerical or offce work shall be permitted, to work in excess
of forty (40) hours per week averaged over each four (4) weeks'
period and not in excess of forty-eight (48) hours in any one w~eek.
SIEc. 3. Ecptionzs as to Hou/rs.-T~he provisions ofthis article
shall not apply to traveling salesmen; or to employees engaged in
emergency repair work; or to persons employed in a managerial or
executive capacity or on tec~hnical and laboratory staffs who earn
thirty-five dollars ($35.00) per week;, or more.
SEC. 4. Wach millen.--No watchmen shall be permitted to work in
excess of eighty-four (84) hours in any two weeks' period.






263


SEc. 5. FurnaZCemenP1 Gas MakersI', Enginee'rs, a(ull Pot Fillers.-
No furlnacemlen, gasS mak~ersi, engineers. and~ pot. filler~s shall be perci-
mittedl to wo.rk in exc~ess of forty-twc (42)l hcur~s pe~r weekc~.
SEC. (j. It'le-re SXillec( 1Emp/,offIs .l0/ ; clrr;trllable- Wherer~ cskilledl
emlployvee s are niot avanilable, with the apprlovall of the Code Au-
thority and th~e Administrator.~r thle mlaxinsluml hovur for skillel emn-
ployees mnay be in excess of thle maImumSllll hoursI.- hlerein specifiedl
for a period niot to exceedl three (3) months11 a~fter' the eflFective dalte
of this Code.
SEC. 7. Empllloymenrrt by~ ,Sc~verall Empl.lor.Nol l'-) empllloyeeCL shall
be p~ermnitted to work for a total numllber~ of hour~ls in exscess~ of thne
numllber of hours her'ein pr~escr~ibed, whe~th~er he be employedt by one
or more emnployers.
IIRTICLE IV-AINII .1E

SEenowO 1. No emlployee shall be~ paid~ in anyi pay! periodl less than at
the rate of for'ty (40)! cents p~er h~our, except as o~therwcise herein
pr~ovided, unle~ssthe hourly rate for thle samne class of workr on July
15, 1929O, was less than for'ty (40~r) centsc p~er hiour, in wh-lich case the
mninimlum wngre shall be noti less than thle wngei s aidur in Juily, 1929i,
atnd in no case less than thirty (:30) cents per hori.i
SEC. fl. Y;'C1Off'Ork C)omp~cl~nfjation .11linatinill 1Jifrle~S.- This article
establishes a mzinimumln rate of pay? which' shall applyl, ilrrespective of
whether an employee is ne~tullyll c'ompen ul.~ted1 on timne rate, p~iec~e-
work performances, or other basis.
SiEC. 3. Lacrnerlrs.-- No leanller shall1 bet pa;id~ in any~ p~ay period less
than at. tihe rate of eighlty (80,~ ) percent of tihe mlinlimumll raLtes of
pay specified in this Codle. Lenrners-- whose-- peiod--- of learning shal
not exceed six (6) mionthis sh~all b persons with~out previous experi-
ence or employment in th~e Indus~try~ andi t~he total number of such
learners shall not, exceedl more thann five (5';) percent of the total
number of emiployrees in any one plant. The prlovisions of' this sec-
tion shall not be so applied as to defeat the purpo~sej and~ intent of thle
Act.
SEC. q. Tf'age8 abhole m);i ir~num.l-It isj dec~la1re to b~e the policy of
thle membersI' of thep Indusitryl to repfrnin fromn 1'reduingi i the wrag~e rates
of employees whose hourly rantes o-f w~nge through the firstt six
months of 1933 wecre in excess of thle minimumllll wagi~es herein pre-
scribed; also to maintainl thle weeklyl earning of such employees,
except in extreme cases w-here thle hours ha~ve beeni tlens-ticallyT re-
dluced, notwithstandling that the miaxinunn hou~rsi~- p~~ereribed by this
Code may be below the average wTeeklyl hours wo-rk~ed during the
first six months of 19)33. It is further dleclared- us a policy that th~e
hourly wages of this class of employees be adjulstedl urpward~ in an
equitable manner to effectuate this p~olicy. Thle Div-isio~n Admlinis-
tr~ative Committees: shall, within three (3) months after thle effectiv-e
date of this Code, recommend to the Code Aulthority a .icheduile of
minimum rates of wanges; which shalll be adljustedl in such a1 mainner
as to provide agaainst inequanlityl betweenl the var1iouls p~lants in th~e
Industry, and the C'ode Authlority shall th~ereulpon file suichl schedulles
with the Administrator as ani amiendmeiint to thiis Code and w~hen
approved by the Presidlent, shall have thle same force and1~ Cfec~t
32780)"--31 3-75---34----2






264


as any other amendment or provision hlereof. Nothing in this section
shall be Cons11tllrue as affecting any13 rCont'nC'tual reltions with labor
orga:nizationsl.
iSEC. 5. F~ma~le En; I: playri~i .--Fiem-a~f le ployetes per'forml~ing t.he
samle wvork as mnale empllloyees and~ employedi dlur~irw the sme wrorkl
period, shall receive the same rates of pay' as maale: employte es
S~a. 6. Hea,~;;rlcppedJ Personp.--A person) I whose enrning capacity
is limnited' because of age or ph~s~ieda or mlen~tal ha~ndicapl: may~ be
employed onl light wlorkr at a nage below the minimum. establi'shed
byr this Clode if thte emnployerl o-btainls fr~om the Stat~e author~ityr desig-
noated by the Uinitedl Staltes Depa~rtmnent of Lab~ol a cer~ltificaRte author-
izing his employment at suchl1 wnages andi for sulch hours as shalll be
stalted in the cert~ifien;te. Each, employer shall file with the Code
Authority a list of all such perlonsl emln)oyedt by him.
ART:'(ICLE V-CTENERAIZL Laaon PRUovISwCNs

SECTIOIN 1. Child LIarl~cr.-NPo persons under sixteen (16) years of
ag~e shall be emp~lloyed in the ind-ustry. NSo person under eighteen
:(18) years of age sha~sll be emlploye d at operations or .occupations
which are ha:zardollus in nature or dlangrerous to~ healthl. In anyv Stat~e
an emtrployer shall be dCeemeld to hav\e complie w~ith thliS pLov.i'sion~ as
to age if ]he shall have on file a certificate o petrmit duly signed by
the Author~ity il iuch1 St~ate empow~eredl to issue emplloymente or age
certificates or ~eIrmIts showing that the e-mp~loyee is of the r~equir~ed

SEC'. 2. Prur's~id h& [flOn frW Bc.--8l comprllianr- cr ith Serction 2(3)
of the ~Act it is providled :
(a) Thlat employees shall have the right to organ"izt anld burga~in
collectively through~ replc~resntatives of thetir. ow~n .chioosing, andi shall
b.e free from ther interference, restraints,, or coercionl of employ~,er~s of
labor, or their ag~enlt in the designtll ionl of such represl~eentat iv\esj or in
self-organiz ainti I or in other rconiert~edl activities; for the purplose of
collict'ive bargaining~ or other mlutual aid or protection.
(b) That no employeec~l andc no one seeking em~ploymlent shall be re-
quired as a conditions\ of employmeitnt to ijon any comipany union or t~o
re~fran i from11 ;on g,~; orarzg orass g a I~labor organization of
his own c~hoos1ing, anad
:(c) Thlat. employers shal~l com11.ply wIithJ the max;Iimumll hours1' of
laborl, minirrmum rnte~s of pay, and o-ther condc~itions~ of empllloymllent
approv"\edl or p'"i~resrib by the President.
SiEC. 3. Reclassfifcaxtion of Em pilo~ii s -No~ emloyer))CI shall reclaBs-
sify emplloyees or duties~ of rccupa~tio.ns perfo~rmdci or engagge in any
mother .subterfuge for~ the~ pu~rpos of depfearting the purpo~cses or pro,-
vision:s of the Akct or of this Code.
SEC, 4. Plrrrrrfla'i Ofb S~rfif~l aszd a#BG f.-- Every employers shall
mak81e Ireasonab~llle piironslion for the iafety: and health of his emnployeess
.at th~e place and lur~ing the hours of theirl employment.
SjEC. 5. SCtate Imm~ls.-No prov\ision, l in this Code shll~-1 super ede a7ny
State or' Federal law~ which imposesi on emnployecrs mnorec str~ingent
I~requirementcs as to age of empgloyees, wages. h~our~s of w~orkl, or as to
saf~tyr, health, sanitary or' general w\orklingl conditions, thanl are
imposedl byv this Colie.






265


SEC. 6. Paiymieni of Wtages.--No employer shall makl~e pymlentt of
any wages due others thaun in law~ful culrrency) o,' Yr by negot~iabll e ch~eckr
payable on demand.
SEC. ci. YO81/Ng.--All eillployers srhall post ~compllete r.opliie of thiis
Code in conspicuous p~lacesl n~cessible to- employees.t~

ARTICLE VTI-O nar.-\rzenxcS, ,POW\ER:S, ANDl T)UTIES OF) THE C'ODE
AirrHrOR: rrY

S~EcTION 1. Ol'rganizatlioi arnd Corn.Stitutfionr.-A, C'ode Auithc'rity~ is
he~reby establishetl to Coop~eraltee withi the AdmInII istratof Cr In thec namInII-
isitration of thiis C'ode andi shall consist of noct less thlan sevenl (7) andi
not more than fouriteeni (14) mnembers to b~e chosen by thle membel~rs
of this industry by a majority vote, as definedl in Sc~~tio~n 7i of Arti-
cle II. The Admlinistrator in his discretion ma apin~rA~>lit not mlore.
than three (3) addlitional mlemnbersY without v-ote, andl without comn-
pensation from th~e indusritry, to serv'e fori suchJ p~eriodi o.f timne andl
to represent the Administrator or such grroup, o groupsn as hie miay
designate.
SEC. 2. Vacancies in the personnel o~f the Codes Author'ity selected
by the jindustry shial be fI h lple t~hroig~h :Ippocintmenllt by the Admlllin-
istrator ulpon nomination o~f the C'ode Authority.
SEC. 3. Each tradce or industrial association dlirectly or indirlectly
participating in th~e selection orr nativities of the CIodle Aiuthor~ity
shall impose no inequlitable restrictions on nimembrshlip, and shlRl
submit to the Admininstrator truie cojpies of its articles of a~POissoiaton,
bylaws, regulations, and anyr amendments wrhen made thereto, to-
gether with suchl other information as to mnembership, organization,
and activities as the Adlministrator mayv deemi ne~cssary to effectuante
thle purposes of the Act.
SEC. -1. In Order that file Code Aluthority shall at all times be
representative of thle industry and in other respects comply w~ithi th~e
provisions of the Act, the Aidministratorr may prescribe such hea~r-
ings as he may dleeml prosper; and thereafter if he sha~ll find that thle
Code Authority is niot truly representative or do~esi not inl other
respects comnply with th~e priovision s of th~e Acrt. may? requlire ain
applropriaite mlodificaltion in the mcthc d o~f selec~tio~n of thle Cod~re
AIut hority.
SEC. 5. Members of thle induistry! shall b~e entitled~ to, par~tic~ipa:te inl
and share the benefits of thle activ-itie~s of the C'ode Au~thoriity alnd to
p~articip~ate inl thei selectionl of thle m1emberIs thiereof citheri byi? btcoml--
ing a mnn~embe of thre aIsociationl and paying~ to the assoc~iation thle
duies p-rovidedc- to beP paid by a7 member~PI;1 in ke standlingr ori asn~itingc
to and comiplying with thle reqluiremlents of thiisi Code andt sustaining
their rensola ble shla re of the expenses of it s adm in istratlonl. Suchl
reasonable share of the expenses of administration shall be dleter-
mined by the Code Auithority, subject to reviewt by the Adminisitra~-
tor, on the basis of volume of bu~siness anld/o~r suchi other factors as
may be dleemiedl equitable.
SE.G. INOtlingi cO~talnele 18 this Co~de shall constitute the miemi-
bers of the Code Authiority partners for any purp'ose. Nor shall any
member of the Codle Aull~rthorit e liable in any manner to anyone for
any act of any othler members, officer, agent, or emploeee of the Codle






266


Authority. Nior shall any member of: the Code AuthorityS, exercis-
ingr reasonable dliligenlcec in the cocindowct; of his duties hlereund~er, he
liable to anyone for any action or omission to act under this Cole,
except for his own willful mift~sf l~euae or nonfensian~e.
SEc. 7. P~owere rrndl Du~ties. The Code Authnorityhllhete
following further powe~rs anld duties, the exercise of which shal ehwl b a\e ih
reported to the Aldministrator and1( shall be subject to his righlt, onl
rev\iew~, to d'isplprove any action taken by the Code Authority.
(a) To administer thne provisions of this Code and provide for the
complianee of the industry wyith. the provisions of the Act, andl toi
propose'c and submtrit to the Admllinistrantor amlend~ments and/or Ilodli-
fications of this Code, for the approval of the President.
(b) To adopt bylaws and rules and regulations for its procedure
and for the admninistratioicn and enlforcemlent of the Code.
(c) TIo obtain froml members of the industry such information andi
reports as are required for the administration of the Code andc to
provide for submission to the staff by mem~lberss of such information
and reports as the AdmllinistratorC)I may dleein necessary for the ~ur'-
poses recited in Section 3 (a) of thne Act, wrhichn information andr
reports shall be submit~ted by members~1~1 to such admrlinistrativ \e andi or1
government agencies as the Administrator may destiglnate ; provided
that nothing in this Code shall relieve any membeltr of the induslitry
of any exsist-ing obligaations to furnish reports to anly gov\ernmllent
agency.3' No individual reports shall be disclosed to anly othe mneml-
ber of th~e industry or any other party except to such gove~lrlnmental
agencies as mlay be directed by the Admlinistrator.
(d) To dlesignate the American Glassware Association andlc such
ojtherl agencies as it deems proper for the carrying out of any of its
acltivities provided for herein, provided that nothing herein shall
relieve the Code Authority of its duties or r~esponiibilities undetr thlis
Code and that such tradce asioc~iations and agencies shall at all timles
be subject to and comply with the provisions hereof.
(e) To designate the following divisions and subdivisions as the
agency of the Code ~Authority for the administration of the CIode in
each division to the extent perm~ittedl undc~er the pr~ovisio ns~ of .this
Code and of the Acct:
1. IrnMINATING GLASSWARE DIVISION.
2. TECHNICAL AND INDUSTRIAL; GrLASSWiARIE DIvIISIoN:
Subdivision (a) Glass Parts for Electrical Devices.
Subdivision (b) Glass I~nsulators and Insulat~ion.
Subdivision (c) Signal Gla~sswnre.
Subdivision (d) Vacuum Glasswnr'e.
Subdivision (e) Cookring Glassware.
3. LAMP CHIlllNEYS AND LANTERN LOBES DIVISION.
4. SCIENTIFIC CLASSWi\~ARE DIVISION.
5j. AUTOMlATIC IUMBLR GrLASSWARE DIVISIow.
6j. AUTOMATIC GLASSWARE DIVISION.
7. ~ArTOMrOBILE GLASSWARNIE DIVrIION.
8. Brown TABLE rLASSWARE ]DIvISION.
9. Br;owN GLASSWARE DIVISIOn`
10. PRESSED GLASSWARE DIVISION AP.
11. PRIE~SSEID LASSWARE: DIVIISION B.
12. FLA88WvAREi CUTTING AND DEC'ORATING DIV.IION (mleltinga).





267


1L8. GLABSWARE CEPTING AND IECORATLWING VISION (HOnmelt-
mng) .
14. I1%lSCELLANEOCIs GLASSWARE: DIvIsEon.
(a) ]Each Division or Subdivision mlay, by majority vote as
defined in A1rticle II[, Sect~ion 7, elect a Divilsion Ad-
ministrative Comzmittee.
(b) Other Divisioons or Subdivisions may be established, from
time to time, by interested grou >s of manufacturers
upon application to, and approval by, the Code A~uthor-
ity, provided that such application is authorized bly
seventy-five (5c/o) percent of the mlembership within
particular group. Whnapoe ythe Code
Authority the names of such. D~iisions or Sbiiin
shall be submittedl as an amendment to this Code, and
i~f approved byT thre Adminis~trator, shall be addcedl to
the list of those recognized inl this section.
(f) To make recommendations to the Aidministrator for the co-
ordination of the administration of this Code with such other codes,
if any, as may be related to the industry.
(g) To secure from members of the industry an equitable and pro-
portionate payment of the reasonable expenses of maintaining the
Code Authority and its activities.
(hi) To cooperate with the Adlministrator in regulating the use3 of
anyT N.R.A. insignia solely by those members of the industry wvho
have assented to, and are com~plying with this Co-de.
(i) To recommnendl to the Admnini~strator further fair trade prac-
tice provisions to govern members of the industry in. their relations
with each other or w~ith other industries and to recomnmenld to the
Admi~nistratonr measure for inndusral p-lanning, including st.abiliza-
tion of employment.
(j) To provide that---
(a) Any interested person shall have the right of complaint
to the Codle Authority and of a prompt hea ring and
decision threreon in respect to any decision, rule, regulal-
t~ion, or other course. of action of any divisional adminis-
trative commlittee. Such complaint must be filed in.
writing wfith the Code Authority within a reasonable
period of time after said decision, rule, regulation, or
course of action is issued or taken. The decision of suchI
Code Authority may be appenledl by atny interested per-
son to t~he Administrator, and
(b) Anly interested person shall have the right of appeal to
the Administrator, under such rules and regulations as
the Adlministrator mlay prescribe, in respect to any
decision, rule, regulation, or other course. of action,
issued, or taken by the Code! AuthoJrity
(k) To establish a system of cost finding whic, after approval by
the Administrator, shall be thle basis used in determiining the cost of
any productt of a member of the industry.
S~.8. To provide that any decision, rule, regulation, order, or
finding made or course of action followed pursuant to any provision





268


of this Code, may be cancelled or modified by the ~Administrator
whenever hne shall determine such action. necessary to effectuate the
provisions of the Act.
AnuctsE VII--PRICE, LISTS, DISCOUNTS, rPERMIS

SECTIO, N 1. Each~'l member of thne Inldustry producing glassware in
Division A and Division C, as defined in Article II, Section 9, shall
upon the effective date of this Code, file with the Staff a net price
list or a price list and discount sheet, as the case may be, individually
prepared by hrim on the basis of: an adequate cost finding method,
showing his current prices, or prices and discounts, and all terms
and conditions of sale on all competitive articles of glatssware pro-
duced by him. Such price lists and terms and conditions of sale,
so filed with the Staff, shall be open to inspection at all reasonable
times by any interested party. Revised price lists mnay be filed from
time to time thereafter with the Staff by any- member producing
g~lasswBIare in the Division, provided, however, that such revisions
shall be filed with tthe Staff at least ten (10) days in advance of the
effective date thereof, and provided further that any other member
producing glassware in either Division may file revisions of his net
price list, or price lists and discount sheets, or terms and conditions
of sale, to meet the revisions first filed which may become effective on
the date when the revised price list or revised terms and conditions
of sale first filed shall become effective.
(a) No member producing glassware in either Division, shall
divulge to any customer or to any other member of the industry
revisions in prices, or terms and conrditions of sale, prior to the
effective date of such revisions.
(b) ~No member of the industry shall sell directly or indirectly
or permit any agent to sell from warehouse or consigned stocks any
products of the industry covered by the provisions of: this section
at a price lower, or at a discount greater, or on more favorable
terms of payment or conditions of sale, than those provided in his
current net price lists, or price lists and discount sheets.
ARnTICL VIII--TRADE PRACTICE RULES

SECTION 1. The follow~ing~ shall constitute trade practice rules for
this industry:
]Rule 1. Inacc~ur~ate Advertising.--No member of the industry shall
publish advertising (wFhether printed, radio, display, or of any other
nature), which is misleading or inaccurate in any material particu-
lar, nor shall any member in any way misrepresent any goods (in-
cluding, but without limitation, its use, trade-mark, grade, quality,
quantity, origin, size, substance, character, nature, finishh, material,
content, or preparation) or credit terms, values, policies, services, or
the nature or form of the business conducted.
Rule 2. False Billing.--No member of the industry shall know-
ingrly withhold froml or insert in any quotation or invoice any state-
menit that makes it inaccurate in any- material particular.
Rule 3. Inacczurate Labelling.---No member of the industry shall
band or mark or pack any goods in any manner which is intended





269


to or does deceive or mislead purchasers w~ith respect to the brand,
grade, quality, quantity, origin, size, substance, character, nature,
finish, material, content, or preparation of sulch~ goods.
Rule 4. Inaccurate References to C~om petitors, etc.No member
of the industry shall publish adrlve rtising which or defer cs, inaccuael
in any material particular to any compeiororheroosprcs
values, credit terms, policies or services.
Rule 5. Sel~ling BelowL CosZt.-No mlember of the industry shall
sell any products below cost, as determined by an. adcqulate cost
finding systemn adopted by the Code Authority and appr~oved by the
Adm~imistrator provided, however, that dropped lines, seconds or
inventories which must be conv~ertedl into cash may be dispposedl of
in suchn a manner and on such terms and conditions as the division
administrative committees may approve in order to move such
products into buyers' hands. Thle Code Authority may,~ from~ timre
to tim~ce, require manufacturers to furnish to the Sjta tT complete in-
formlation relating to their costs. Suchn information shall be deemed
confidential and shall not be divulged to any mannufacturer or other
pe rson not a member of the Staff of the A association except as mlay
b ue required f by the ~ Ami isrts.or.me fteinlltr hl
publish or circulate unjustified or~unwarranted threats of legal pro-
ceedings which tend to or have the effect of harassing competitors
or intimnidating their customers. Failure to prosecuted! in due course
sh-all be evidence that any such threat is unwarranted or unjustified.
Rule 7. Secret~ Rebates.-No member of the industry shall secretly
offer or makre any payment or allowance of a rebate, refund, comn-
mission, credit, unearned discount, or excess allowance, whether in. the
form of money or otherwise, nor shall a member of the industry
secretly offer or extend to any customer any special service or privi-
lege not extended to all customers of the same class, for the purpose
of influencing a sale.
Rule 8. Brbing Employees.--No member of the industry shall
give, permit to be given, or directly offer to give, anything of value
for the purpose of influencing or rewarding the action of any emn-
ployee, agent, or representative of another in relation to the business
of thle employer of such employee, the principal of such. agent, or
the represented party, without the kinowledlge of such emnployver,
principal, or party. Commercial bribery pr1ovisions shall not be
construed to prohibit. free and general distribution o-f articles comn-
mornly uIsed for aCverPtisinglc except. so falr as such articles are actually
used for commercial bribery as hereinabove defined.
Rule 9. Interfereunce w~ith Another's Con~tracts.-No mIember of
the. industry shall attempt to induce thec breach of an existing con-
tract between a competitor and his employee or customer or source
of supply; nor shall any such memer interfere w~ith or obstrtuct thet
performance of such contractual duties or services.
Rule 10. Coercion.--No member of th~e industry shall require that
the purchase or lease of any goods be a prerequisite to the purchase
or lease of any other goods.
Rule 11. Blackclistinlg.--No member of the industry shall join or
participate with other members of the industry whzo with such mem-
bers constitute a substantial numer of members of t~he industry or






270


who together control a substantial percent of the business in any
specific product or products of the industry, in any transaction known.
in law as a blatcklist, including any practice or device (such as a
whitelist), which, accomplishes the purpose of a blacklist.
Rule 12. Gifts, Adecllllr~ti.siing, Contr~ibutfionls, etc.-No member of the~
industry~ shall give or offer to give any gifts in the form of money,
advertising contributions, or otherwise to customers or groups of
customers in, connection, with thne sale of products or an inducement
thereto by any scheme which involves lottery, misrepresentation, or
fraud.
Rule 13. Il~imitaion of D3esign.-NWo member of the industry shall
imitate a competitor's trade mark, trade name, or exclusive, or estab-
lished design of product, or package, intended to identify the maker
or vendor of said product, when the effect of such imitation may be
to cause confusion in the minds of purchasers with reference to the
identity of the maker thereof.
SEc. 2. Additional Trade Practices.--Each division or subdivision
of the industry may propose amendments relative to the filig o
discounts, commissions, or brokerage fees, credit terms, packg
charges, freight equalization, and other terms of sale and/or other
trade practice rules and submit the same to the Administrator
through the Code Authority.
ARTICLE IX-CONTROL OF PRODUCTION

SECTION 1. Members of the industry within fifteen (15) days after
the effective date of this Code shall register with the Code Authorit
their present melting capacity of continuous tank equipmzentan
tonnage capacity of furnaces and day tanks.
SEC. 2. NO person, partnership, association, corporation, or other
form of enterprise engaged in the industry or for the purpose of
engaging in the industry shall install anly new or additional maeltinlg
capacity, in whole or in part, after the effective date of this Code,
until it has been established to the satisfaction of the Administrator,
upon application, that such new or additional installations will not
be in contravention. of the purpssndittofheAtpried
howver tht nthig i ths Sctin shall be interpreted to prevent
the consummation of any contract bona fidel~y executed prior to the
approval of this Code or the replacement of obsolete or worn. out
equipment with equipment of identical, or less, melting capacity.,
SEc. 3. The Code Auth~ority shall make recommendations to the
Administrator regarding the granting or withholding of such
certificates.
ARTICLE X--IMPORTS

SECTION 1. The Code Authority shall make such in~vestigaations as
may be found necessary to determilne the effect of imports upon the
industry. If it should be found that competitive articles are being;
imported into the United States in substantial quantities or in in-
creasing ratio to domestic production or on such terms or under such
conditions as to rcnder ineffective or seriously to endanger the main-





271,


tenance of the provisions of this Code, the Codle Authority shall make
application to the President for relief as provided in Section 3(e)
of Title I of thre National I~ndustrial Recover~y Act.
AnnOCLE XcI-Ml~omvicerlowoh

SECTION -1. This Code and all the prov'isions thereof are expresslyg
made subject to the right of the President, in aclordcance w~ith the
provisions of subsection (b) of Section 10 of the Act, from time to
time to cancel or mnodify any order, approval, lic~ense, rule, or regulla-
tion issued under said Act.
SEc. 2. This Code, except as to provisions required by the Act,
m~ay be modified or amenndedl on the basis of experience or changes in
circumstances, such modifications or amendments to be based upon
appfillication to the Administrator and such notice and hearing as he
halspecify, anld shall become effective upon. approval of the
Administrator, unless otherwise p~rovided.

ARECLE 111I[-- 110NhOPOLIES, ETc.

1. No provision of this Code shall be so applied as to permit
monopolistic practices, or to eliminate, oppress, or discriminate
against small enterprises.
ARTICLE XIUII--EFFECVE DAH:e

This Code shall become effective fifteen (15) days after its ap-
proval by thle Pre~sident.
Approved Code No. 215.
Registry No. 1022-04.




UNIVERSITY OF FLORIDA
11 I ll 1 111111 I Illll lll XIW IIIIII II
3 1262 08486 8727