UNIVERSITY OF FLORIDA
3 1262 08483 0008
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS SUBMITTED ON AUGUST 28, 1933
REGISTRY No. 1029-02
The Code for the Mirror 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
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PROPOSED CODE OF FAIR COMPETITION FOR THE
MIRROR MANUFACTURING INDUSTRY
AS APPROVED BY THE MEETING OF THE MIRROR MANUFACTURERS
ASSOCIATION AT WHITE SULPHUR SPRINGS, WEST VIRGINIA
The purpose of this Code is-
1. To assist in carrying into effect the declared policy of Congress
embodied in Section 1 of Title I of the National Industrial Recovery
2. To assist in increasing the purchasing power of the people of
the United States through increase in employment and the payment
of adequate wages to those employed.
3. To assist in the rehabilitation of industry-
(a) By the elimination of unfair competitive practices within the
Mirror Manufacturing Industry.
(b) By the elimination of sale of goods below cost.
Participation in this Code and any subsequent revision of or addi-
tion to the Code shall be extended to any person actively engaged in
the manufacture of mirrors.
1. Employees in the Mirror Manufacturing Industry shall have
the right to organize and bargain collectively through representatives
of their own choosing, and shall be free from the interference, re-
strain, or coercion of employers of labor, or their agents, in the
designation of such representatives or in self-organization or in
other concerted activities for the purpose of collective bargaining
or other mutual aid or protection.
(a) It is clearly understood that the foregoing paragraph does
not impair in any particular the constitutional rights of the employee
and employer to bargain individually or collectively as may be
mutually satisfactory to them; nor does it impair the joint right of
employer and employee to operate an open shop.
(b) Nothing in this code is to prevent the selection, retention, and
advancement of employees on the basis of their individual merit,
without regard to their affiliation or nonaffiliation with any labor
2. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing.
3. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment ap-
proved or prescribed by the President.
4. Maximum hours of work for employees in the Mirror Manu-
facturing Industry shall be 40 hours per week average per annum.
5. The minimum wage paid to employees in the Mirror Manu-
facturing Industry shall be 300 per hour.
1. All units of the Mirror Manufacturing Industry shall be re-
quired to use an adequate cost-accounting system in determining cost.
Cost shall include cost of material based on manufacturers pub-
lished schedules for materials and glass in cut sizes, handling, haul-
ing, processing, freight, selling, management, rent, overhead, in-
surance, and imputed interest on investment at 6%.
2. Sales below cost' shall constitute a violation of this Code.
1. In order to provide data necessary for the administration of this
Code under the National Industrial Recovery Act, the Mirror Manu-
facturing Industry will undertake to supply such data as is required
by the Administrator.
D, UNFAIR TRADE PRACTICES
1. Rules appended in Exhibit A.
1. This Code shall be policed by the Mirror Manufacturers Asso-
2. Violations shall be reported to the Secretary.
3. The Secretary shall make an investigation of the complaint,
either directly or through a committee appointed by the Secretary
for that purpose in the vicinity of the complaint.
4. The Secretary, or the committee referred to in paragraph 3
above, shall endeavor to adjust the complaint and secure a discon-
tinuance of the violation complained of.
5. If the complaint is not satisfactorily adjusted and the practice
complained of is not discontinued, the Secretary, with the approval
of the committee named in Article V, shall report any violation of
this Code, with evidence, either to the President or to the United
States District Attorney.
1. To effectuate the purposes of this Code a Committee of Five
shall be named by the Executive Committee of the Mirror Manufac-
2. This committee is authorized-
(a) To present this Code to the President, or
(b) To cooperate with other branches of the Flat Glass Industry
in formulating and presenting to the President a Code.
(c) To have general supervision of carrying out the provisions of
this Code, subject to the authority of the Executive Committee of
the Mirror Manufacturers Association.
(d) After approval by the Association, to present to the President
recommendations based on conditions in the industry as they may de-
velop from time to time, which will tend to effectuate the operation
of the provisions of this Code and the policies of the National In-
dustrial Recovery Act. Such recommendations, when approved by
the President, shall have the same force and effect as any other pro-
visions of this Code.
(e) To cooperate with the President in making investigations as
to the functioning and observance of any provisions of this Code on
complaint by any person affected or as provided in Article IV.
1. No provision in this Code shall be interpreted or applied in such
a manner as to-
(a) Promote monopolies,
(b) Permit or encourage unfair competition,
(c) Eliminate or oppress small enterprises, or
(d) Discriminate against small enterprises.
2. The President may from time to time cancel or modify any
order, approval, license, rule, or regulation issued in connection with
3. Any information filed, or otherwise collected under this Code
may be made available to the President or, in case of charges of
violation of this Code, to the Supervising Committee of Five pro-
vided for under Article V. Otherwise, all information contained
in reports made under Article III, Subarticle C, Section 1, shall be
held as strictly confidential by the Secretary of the Mirror Manu-
4. The term President" as used in this Code is defined to mean
anyone to whom the authority of the President is delegated under
Section 2, subsections (a) and (b) of the National Industrial Re-
5. The term "Mirror Manufacturing Industry" as used in this
Code is defined to mean the manufacture of plate glass or shock
mirrors for furniture, framing, jobbing, automobiles, or other special
purposes, by whatever process made, and all persons engaged in such
6. The term Secretary as used in this Code is defined to mean
the Secretary of the Mirror Manufacturers' Association.
7. The term person as used in this Code is defined to mean any
natural person, partnership, corporation, or association.
8. This Code shall become effective ten days after its approval by
9. This Code may be amended as provided in Article V, Section
2, subsection (d), or at any regular meeting of the Mirror Manufac-
turers' Association, or at any special meeting of the Association called
for that purpose.
1. Every price list sent to customers shall contain the terms of
sale and state clearly all other conditions affecting prices, including
the charges to be made for packing, freight, and trucking, and
the f.o.b. point at which prices quoted will apply.
2. Terms of sale for all mirrors and work on mirrors shall be
1% for payment in 10 days from date of invoice, or 30 days net
after sale; except that in case of customers buying continuously
throughout the month, terms may be 1% for payment on or before
the 10th of the month following shipment, and positively net
3. Mirrors, beveling, plate glass, and miscellaneous work on mir-
rors shall be quoted and sold at discounts from the following Official
List Prices published by the Mirror Manufacturers Association and
the National Glass Distributors Association:
Mirrors-January 15, 1931.
Beveling-January 1, 1925.
Plate Glass-June 15, 1931.
Miscellaneous Work on Glass-December 1, 1931.
except that, in case new lists are adopted by the Mirror Manufac-
turers Association, the Supervising Committee created under Article
V may substitute such new lists for the lists enumerated above;
and except that the Supervising Committee may authorize the use
of different lists in specific territories.
4. Boxing shall be charged on all mirrors, when boxed, where the
invoice amounts to less than $50.00 net per shipment, at the rate of
120 per square foot outside lid measurement of the case. The
minimum charge for any box shall be 50..
5. Express or freight charges shall not be allowed on the return
of any mirror where the cause of the return is due to some fault
other than defect of manufacture, as for example, scratching in
transit, chipping in framing, etc.
6. The sale of mirrors shall be based on Commercial Standard
CS 27-30, issued by the Department of Commerce, December 15,
1930, and mirrors shall be graded only in accordance with that
7. It shall be an unfair trade practice to furnish a grade of mirror
other than that sold.
8. Mirrors shall not be resilvered without proper and adequate
charge after the expiration of the time for which the mirror has
been guaranteed by the manufacturer thereof.
Silvering on mirrors shall not be guaranteed for more than one
year, except where the mirrors are electro-copper plated and for
which an extra charge of not less than 5% on the total cost of the
mirror is made.
9. There shall be no sale of other products without profit in com-
bination with mirrors to induce the sale of mirrors.
10. Mirrors shall not be shipped on consignment by mirror
11. Inducing Breach of Contract.-The willful interference by any
person, firm, corporation or association, by any means or device
whatsoever, with any existing contract or order between a seller and
a purchaser, in or about the production, manufacture, transporta-
tion purchase or sale of any product handled by the industry, or the
performance of any contractual duty or service connected therewith,
such interference being for the purpose or with the effect of dis-
sipating, destroying or appropriating, in whole or in part, the
patronage, property or business of another engaged in such industry,
is an unfair trade practice.
12. Misbranding.-The marking or branding of products of the
industry for the purpose or with the effect of misleading or deceiv-
ing purchasers with respect to the quantity, quality, grade or sub-
stance of the goods purchased, is an unfair trade practice.
13. Fraud and Misrepresentation.-The sale or offering for sale
of any product of the industry with intent to deceive customers or
prospective customers as to the quantity, quality, substance or size of
such product, is an unfair trade practice.
14. Unbranded Products.-The sale or shipment of mirrors not
branded or marked to indicate their true character, in accordance
with accepted standards of the industry, is an unfair trade practice.
15. Secret Rebates.-The payment or allowance of secret rebates,
refunds, credits, or unearned discounts, whether in the form of money
or otherwise, or the giving of premiums, or extending to certain pur-
chasers special service or privileges not extended to all purchasers
under like terms and conditions, is an unfair trade practice.
16. Price Discr'imination.-Any discrimination in price between
purchasers of the same class, not including discrimination in price
on account of the difference in grade, quality or quantity of the
product sold, or which makes only due allowance for difference in
cost of selling and transportation, or discrimination in price in the
same or different communities not made in good faith to meet
competition, is an unfair trade practice: Provided, however, That
nothing in this resolution shall be construed to prevent the publi-
cation and use of a special quantity price applicable to a definite
quantity of goods which are placed in one order and, at the option of
the shipper, are moved as one shipment.
17. Price Discrimination..-As the failure of the industry to adopt
uniform practices with respect to requiring purchasers to pay trans-
portation and trucking charges has inevitably resulted in unfair
price discrimination, the allowance of transportation or trucking
charges on products (a) sold f.o.b. seller's warehouse or city, or (b)
sold on a delivered basis, transportation charges to be paid by the
consignee, in excess of the actual or published a mount of such charges,
is an unfair trade practice: Provided, however, That nothing herein
shall be construed to prevent the payment by the seller at his option
of trucking charges within city limits.
18. Price Discrimination..-As packing, freight, and trucking
charges are necessarily reflected in price, and as the variable practice
on the part of sellers of requiring purchasers in some instances to
pay such charges and in other instances of assuming such charges
causes unfair price discrimination, the failure of the seller to require
the purchaser in each instance to pay published charges for packing,
freight and trucking, is an unfair trade practice.
19. Price Discrimination.-As freight or transportation charges
are reflected in the price, free trucking beyond city limits is an unfair
method of competition, unless published with the price and allowed
to all customers buying similar quantities within the same territory.
20. Inducing Sales of Other Products.-The industry hereby con-
demns as an unfair trade practice, the selling of mirrors below cost;
or for the purpose directly or indirectly, or with the effect, of fur-
thering the sale of some other product.
21. Arbitration.-The industry hereby records its approval of the
practice of handling disputes in a fair and reasonable manner,
coupled with a spirit of moderation and goodwill, and every effort
should be made by the disputants themselves to arrive at an agree-
ment. If unable to do so, arbitration under some one of the prevail-
ing codes should be agreed upon, as it is at all times preferable to
litigation with its costly handicaps and delays.
22. Selling Without Specifications.-The acceptance by distribu-
tors and manufacturers of blanket contracts from dealers or distribu-
tors of their product without statement of specifications affords
opportunity for the rejection of such contracts by the purchasers
on decline of price, provides an artificial stimulus to the industry
through the existence of large numbers of unconfirmed contracts
with resulting enhancement of prices to consumers, and constitutes
an unfair trade practice: Provided, however, That nothing herein
shall be construed to prevent the acceptance of contracts under the
terms of which complete specifications will be furnished within 30
days from date of acceptance of order, and for delivery within 60
days, except in case of bona fide building contracts, then quantity
and approximate sizes to be filed within ten days.
23. Antidumping.-The practice of certain manufacturers and
sellers of shipping quantities of merchandise into territories outside
their particular territories, and of selling such merchandise below
the general market prevailing in such other territories into which
shipments are made, seriously tends to demoralize the market within
the territories into which shipments are made, disrupts normal com-
petitive conditions throughout the entire industry, and is condemned
as an unfair trade practice.