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NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
SASH WEIGHT INDUSTRY
AS SUBMIITTED ON AUGUST 24, 1933
REGISTRY' No. 1122-08
The Code for the Sash Weight Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933
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CODE OF FAIR COMPETITION FOR THE SASH-WEIGHT
ARTICLE I -FURPOSE
1. To effectuate t~he policy of Title I of the National Industrial
Recovery Act by reduncing andl relieving unemployment, improving
the standards of Inbor, eliminating competitive practices destructive
of the interests of the public, employees andl employers, relieving
thle dlisastr~ous effects of overcapacity,. and othi~erwise rehabilitating
thle sash-w-eigrht indlustry- the following provisions are established ats
a1 Clode of fair competition for the sush-weighlt industry.
2. No provision inl this Codle shall be interpreted or applied in
such manner as to-
(a) Promote monopolies,
(b) Permit or encourage unfair competition,
(c) Eliminate or oppress small enterprise, or
(d) Discriminate against small enterprises.
1. Participation in this Code, and any subsequent revision of or
addition to the Code, shall be extended to anly person, partnership,
associatioon, or corporation no~w engaged in the manufacture of sash
weights andc related products as hereinafter enumerated, who shall
pay his proper prorata share of t-he expense involved and receive
the benefits in the development and administration of th~e Code.
1. This Code shall apply to all manufacturers of sash weighlts and
related products, including regulator w~eigahts, special weig-hts, sec-
tional sush weigh;ts, dock: weighlts, counter weights, elevator wFeights,
and accumlulator weights and shall apply to all business done in
these products excepting export business.
ARTICLE IV--LABIOR CODE
A. Generalct-1. Employees in, the sashz-weight industry shall havFe
the right to organlize and bargain1 collectively through~ representa-
tives of their owvn ch~oosing, and shall be free from the interference,
restraint, or coercion of employers of labor, or their agents, in the
dlesigonation of sulch r~epresentatives or in self-organization or inl
other concerted~ activities for the purpose of collective bargaining or
other mutual aidl or protection.
2. No employee and nlo one seekiing employment in, the sash-wFpeight
industry shall be requi red as a condition of employment to jomn any
company union or to refrain from joining, organizing, or assisting
a labor organization of his own choosing.
3. Employers in thle sash-weighlt industry shall comply with the
maxiimum hours of labor, minimum rates of pay, and other condi-
tions of employment. approved or prescribed byr the President of
the Unitedl States.
B. Hours and W'ages.----. The mnaximuma hours for workers in the
sash-weight, industry, excepting foremnen, receiving more than $35.00
per wceek, and maintenance men in emergencies when they shall be
compensated at the rate of timne and on~e third, shll1 be 40 hours per
5. The minimum wage rate for workers in the sesh-weight. indus-
try, excepting cleaners and watchmnen, shall be as follows:
(a) $0.37%~ per hour in that section of the country west of the
~ilsslssippi River and north of thle Mlason andl Dixon line.
(b) $0.35 per hour in that section of the country east of the
Mississippi River anld south of the M~ason andc Dixon line.
ARTICLE V----ERCHADISING REGULA~TIONS
1. Sales B~elow Cost.-No manufacturer of th~e products enumer-
ated in Article III of this Code shall sell or exchange any of these
products at a, price or upon such terms or conditions that will result
in the buyer paying for t~he goods received less than the cost to the
seller. This cost. shall be determined in accordarncez with a uniform
and~ standards~ method~ of corsting to be dlevelopeed by a reputable cost.-
accounting organization and approvedt by the Code authority as
hereinafter provided under Atrticle VII, Section 1.
2. Etran C7ha~lrg-All weights which have to be bundlcled, exclud-
ing boat shipments and less-ear~load rail sh~ipments, shall be invoiced
"to the customer at an additional price to include the cost of bundling
on the basis provided in Article V, Section. 1.
3. Ord~ers t~o ~e ~Taken. for Immed~tirte: Shipmeint. -All orders from
all classes of buyers if takren at firm prices shall be subject, to imme-
diate shiPment, and such orders shall be complete with respect to
specifications, prices, and the likze. If not complete, they shall be
considered as deferred for future shipmennt. All orderls for future
shipment (future shipping date specified,. or incomplete in thie essen-
tials as above stated) shall be subject to prices in effect at. time of
shipment, and shall be taken and/or ackrnowrledgled subject to such
4r. Price Adviance. All orders on hlandt for immediate, shipment,
including back orders and orler~s for immedliate shipment in mlail
(postmlrk~s on letters or fiing time on telegr~ams shall be considered
date of receipt) at former prices and not shipped within five days
(Sunday~s and holidays exclud'ed) following the date of a price ad-
v~ance, shall be either cancelled or inv~oiced at the higher prices,
regardless of the reason or cause for failure to make shipment within
the fifteen-day- period.
5. Price ~Deolesin.-I~ln event prices of sash-w~eight products are re-
duced, shipments in transit may be given thle benefit, of the lower-
prices': Providedl, how~eve, Tha~t buyer submits evidence, in the form
of carrier's expense bill, showing that the shipment actually was in
transit and not in buyer's stock whien the price decline occurred.
Unfilled orders on hand: at time of price decline may be given the
benefit of the lower prices.
6. Order, Acknowledgeny~et, anid Invoice Formns.--Each manufac-
Sturer should indicate on each of his order, acknowledgment, and
Invoice forms his establishedl prices appropriate for the class of
shipment involved and the discount granted.
(a) Order F;ormis.--For his own protection each manufacturer
should use substantially the following w~Tordingr between the date
line and signature line on all salesmen's order forms:
"L TEmusI: 19e cash discount 10 days, 30 days net. Shipment, of
This ordter at prices and terms hereon shall not be obligatory on our
part unless formally acknowledg.1edl."
(b) Acknowledlgmncit Fonarl.--For further protection each manu-
facturer should use subs:,tantially the following wordinga on all of
his order acknowledgment formls:
"i This order is accep~tedl at. the prices shown hereon for immedi-
ate shipment, and in the event of a price advance on sush~-weight
products, said products must be shipped within fifteen wvo~rkinga days
following dante of price advance, or cancelled or adjusted to prices
in effect at time of shipment, regardless of reason for our inability
to ship within said fifteen day~s.'
(c) Inv~oic~e anld Ackn)owled~gment)i Forms.-Each. manufacturer
should print substantially ther following wordinlg onl all of his in-
voice andl border ac~knowledemle nt, forms for shipmelnts including sash-
weight products made byv rail and/or water:
If goods are actually unloaded~ at dlestntinain shown -hereon, we
will, upon receipt of pa id frei grht bills, or a duplicate thereof, allow
freight as outlined "'-andl thecn sp~cify the allowa-ncesi established
'7. BackX Orideri.--If a curlload is ordered for shipment via ra~il
freight and portion of it. aggrcgaltingr 40,000 pounds or more is so
shipped, and there remains a less carload balance not shipped because
of the failure of the manufniturerel to include it in said carload rail
shipment, said balance isj termled~ a "Lback order." Back orders
shipped via L.C.L. rail freight may be made on as favora~ble terms~
as though said portion of th~e border had been included in the C.L.
rail shipment, prlov.idedl said back orders are slipped within thirtya
days of the or~iginal CL. shlipment, except that in the event of a
price advance backe ord:ersi shalnl be shipp~ed within fifteen wTork2ing
days following date of pr~ice advance, or exlcelled or invoiced at
prices in effect at timie of shipmnent..
8. Tens'11 of Paymen)('lt.-TermIs of payment shall not; be more fa-
vorable than 19 cas~h dliscounlt ten days, 30 daysi net; or if precferr~ed,
1% proximo, net 30S days proximno. The cash discount may be
allowed fr~om thle net m~er~chandis e value of invoices. N~o dliscount
on freight allowed.
9. Dartings.-hlan~ufacturers~ shall not grant future invoice dantings
on any shipmnents.
ARTICLE VI--UNF.uaI TRDE PRACTICES
1. Emzployeets- (a)o Ent icing~ Em-ploy~: c~ ~ees f om Competitors.
MIaliciously enticing away an employee or emloesocmptor
with the intent of unduly hami~pering, injulring, or emb~arrassinga a
competitor or competitors in t~he conduct of their business is anr unfair
(b) Wi1thhnolding informl.ation.--The withholli ng of or refusing
to g~ie information concerning any7 previous empl-loyvee by anly manu-
factur~er with Int~ent t~o mlisleadl or deceive is an unfair trade practice.
2. Moirehrcand~ris- (a) 'Weight of" Merchannd'~ise.- Onr all price lists,
advertising matter, etc., the average weight of each product shall be
given in. one weight only, and not a rIange of weights. No ma~nufac-
turer shall initentionally shiip any customer merchandise which
wPeighs substantially more~ or less than the average published
(b) Seicondsc.--To p~rotect the public against misleading and de-
fective merchandise, "f seconds "' of sashn wTeigrhts shall not be sold for
counterwreight purposes, or in such manner or form as to be suitable
for windlow counlterweight~tingr.
3.Iviig()FictfflitiS Invo'ijccis~.--Fictitio-us inv ~oici ng of
mel!rchandisici and the shiipment of m~er~cha~ndise which weiguhs sub-
stantially more or substantially less than the published wreight is an
unfair trade pranctice. Aill grcoods shipped by a manufact.ur~er to or
for culstomer~ls carried on his own books shall be fully inlvoiced in the
namne of the cus1tomerr to whom or for whom the groodls ar~e shippedl,
and by whom paymelnt will be made to the ma~nufacturer.. No
manuifactureri by suibter~fug~e or otherwise. shall give any customer
the d~isco,unt, to which some other customec-r is entit'ledl. No manufac-
turer shall invoice anry customerrl for products oth~er than those
actullyshipped against the invoice.
(b) 'Om3~liission of DIata.---Any items pertaining to t.he sale omitted
froma the invoice, such as allowran~e of overriding dliscounl~t. payable
at some future dlate. shall be considered an. unfair tlarade practice.
(c) U~inauthorized~~/ Deuctrfoion.-Perm~itting a customer to mnake
any deductions from the invoice not covered by t.hle terms of sale in
making his remittance shall be considered an unfair t~ad~e practice.
(d) Free Goods.--No :manufacturer shall ship or in any way de-
liver free goods of any kind to any customer for customer's own use
or for resale by -that culstomer.
(e) Oth7er' Produlcts.--No manufacturer shall subnorm~ally price
any products manufacturedc and /or sold by hlim for the purpose of
:influencing the sale of sash weight products.
4. Tinransportation.- (a) Divsersio~n of Skipml.ent -8--No, customer
shall be permnitted' to secure any allowance either for freigh~t equal-
ization or for trucking by mneans of div-ertinga shipjments. The
manufacturer shall secure paid fr~eight bills, or dluplicaltesi thereof,
before an~y credits are allowed~ the customer for fr~eighrt orI freight
equ arizat ion on any type of shipment.
(b) TruirZ ing 1277/,,anr l to Fi't~itious~ Destin~ations. No customer
shall be pe~rmlitted to pra~it, or benefit by an allowfance for trucking
goods to a fictitious destination.
5. deetin.--(a) Adverti-;rlments. Atatemenlts, or. inferen~ices,
which dlilrectly or ind~irectly reflect falsely upocn thle merchandnrise3,
pohlces, or firnancial standling of anty compet~itorl or which are detr~i-
mental to the bes~t interests and9 welfar~e of theF idustry~~'~ areC unlfair'
6. Suba~7;.';i.--(a) Lavish Enterta~l ~7irm n.-ManuIIIIfactllurers shall
nlot Enc~Iou1.~ rag nor permit Invi h entertainment of a customer by
their emplloyees. No manlufacturer shall prrchase stocks or invest mn
any customer's company. This does not apply to stock purchased by
individuals of listed stocks.
(b) Bets, Gr~atu~ities, Loan~s, Etc --No salesman or other employees
shall make bets or in any wray gamble~ with any customer or cus-
t'omer's employee for the pur'po'e or with the intent of losing, nor
shall any salesman or employee give any gr~atuity, cash, or present
of substantial value to any~ customers or prospective customer or
customer's employees. No salesman or emnployee shall make loans of
any kind to any customer or prospective customer, or customer s
(c) Consignmenlts.-Ther~e shall be no c~onsiganment of goods made
to any customer.
(d) Purchases from C'ustoml~er.--No manufacturer, in purchasing
any commnodity from a concern engaged in the sale and distribution
of sash wReights and related products, shall pay a price in excess of
the prevailing open-market price for the commnodity in question; nor
shall any ~mmanufacturer in pulrchasi ng mrlat~erials of his own manu-
facture frmone of his customer's pay m~ore thlan the customer's
original net delivered cost therefore.
()Renting Part of Customer'~s Preivsies. No manufacturer shall
rent any part of the premises of a customer for office space or any
(f) Paying Part of Custonser's Empen~i~ ses.-N o manufacturer shall
assume a ny portion of the expenses incurredl by a customer in running
his own business, nor shall any manufacturer assume any par~t of the
expenses or any payments whatsoever to customer's personnel,
including clerks, salesmen, etc.
(g) EpDlitting Comm~issi~ons.-Salesmen or other employees shall
not split nor otherwise share their commiissions or compensation with
any present or prospective customer or cust~omer~s' employees.
(h) Excessivre Saees Assistanlce.--No manufacturer shatll extend
more sales assistance to any customer than canl be. rendered in a
normal manner through t~he activities of thne salesmen regrularly
maintained in the territory by the ma~nufacturer,, nor shall any
manufacturer offer, promise, or supply any definite portion of the
time of one or more salesmen, or any definite volume of sales to be
turned in as an inducement towards obt~aininga the account of any
(i) Eaxessive Allowrnnce and Aiijustmrents.-Nos manufacturer
shall make allowance to a cust~omer for alleged defecrtive merchandise,
allegedt sho*nrtaes or fol r adjusti;ng complaintss~ of anly kind.
(j ) Granl.ting~l Excessivle Iredlit.-1\an u fact ur1ers shall not offer or
extend to customers unusual volume~ of credit as an inducement to
place business with mannufneturers. Manufacturers shall charge and
collect not. less than the pr~evailingr interest rante on all customers'
notes coveringr post-due accounts.
(k) C'ustomers'~ Accountsf.--No manufacturers shall assumle any
credit responsibility whatsoever, nor guarantee any such accounts,
nor assume the customers loss, if thie account should' prove
7. Czut-Thr.oat C'ompetition,.--Selling goods below manufacturer's
own cost., to be determined in accordance with Art~icle V~, Section 1,
of this Code, is an uinfair trade practice.
UNIVERSITY OF FLORIDA
(j IlIll IIII IIIIIIll IUIIIIYIlIl llIlllII l
3 1262 08851 7957
8. Sundries..-(a) Mlisei7assifi~lfeaio of Cus~tom1~ers.- Noo manufac-
turer shanll deliberately miscl~ssify a customer so as to enable said
customer to obtain a betterr price or terms of sale than that to which
he is properly entitled.
(b) Transference of Or~der~s.-O0rders booked w~ith customers and
not actually taken by the same customer shall not be transferred in
whole or in part to another customer or customers, but must be
(c) Res~ales.--The manufacturer will encourage his own customers
to maintain a fair ma~rg~in of profit in resales and to make possible a
profitable handling of his products byT other similar customers.
(d) Brleakilng Cont~acts.-No manufacturer shall induce or assist
a customer to break a contract w~ith a competing manufacturer.
ARTCL~E VIT -ADMINISTRATION OF CODE
1. To further effectuate the policies of the National Industrial
Recovery Act, the Board of Directors of the Sash Weigaht Associa-
tion, Inc., the applicant. herein, or such successor committees as may
her~eafter be constituted by the above association, is set up to coop-
erate wiith the Admninistrration of the National Industrial Recovery
Act as the authority to administer the prov~isions of this Code.
2. Thie association shall serv as an agency for collecting statistical
data as to costs, production, sales, and all others. matters ntfectinlg the
industry as to whlich~ the Goveriinme nt. mag require inifonrmtion, and
thle manufacturers~ etngaged in the? indiustryv will furnish such infor-
mation and manke such reports to the assoc~ia~tin as may be necessary
in. order to enable the association to collect andc furnish to the Gov-
ernment thle information required under the terms of the. National
I~ndustr~ial Recoveryr Act. The mannufacturer~s shall keep their ac-
counts in such form as may be necessary to enable then t~o furnish
infomatin dsire bythe Governmlent.
3. ~Thel Presirden o the United States may from time to time
cancel or modifyg any order, approval, license, rule, or r~egulat~ion
issued unde~r Title 1 of the National Indust~rial Recoveryr Act.
4. Any violations of the provisions of this Code shll1 be investi-
gated by an authorized agent or agents of the Code authority as pro-
vided for in Article VII, Section 1; and members of t.he industry
shall :facilitate such investigations by ope r heir correspondence,
books, and accounts for exammiation. an'd ti.r~ ishing relevant
information. In the disclosal ,of anly wvillful violation of this pro-
vision, thne Code authority may present evidence thiereof to the proper
department, agqencyr, or judicial branch of the Government.
5. Any complaint regarding infractions of this code shall be made
in writing to the Code authority and ncomnpartied wit~h supponrt.;ng
evidenc~e and a check for $50.00 to par~tiall~y cover the cost of an inves-
tigation. If the investigation discloses a violation of the Code the
$50.00 fee shall be returned to the complainant, but if no violation
of the code is indicated, the fee shall revert. to the treasury of the
association, to be used in the general administration of the Code.
6. This Code shall be in. effect beginning t~en days after its approval
by\ th~e President of the U~nitedl States.