UNIVERSITY OF FLORIDA
3 1262 08486 7760
grsae b h e S~u. 1 perint nt of D ec mn t. W washing n D.C -'I 1; 6 c~e lenls
Registry No. 1022-21-03
NATIONAL RECOVERY ADMINISTRATION
CODE OF~ FAIR COMPETITION
AS APPROVED ON OCTOBER 8, 1983
L Executive order
e. Letter of~ Transmittarl
**""""" NTLD STATES '
GOVERNMENT PRINTING 'OFFIdBI
WASHINGTON lt:, 18'
This publiention is for sale by the Buperintendent of Documents, Government
Printing Oflice, Washington, D.C., and by district offices of the Bureau of Foreign
pnd Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMM11ERCE
Atlanta, Ga.: 504 Post Office Building.
Birmuingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Custombouse.
Buffalol, N.Y.; Chamber of Commerce Building.
Charleston, S.O.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North WTells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 2213 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, F'la.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore A~venue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: Room 4105, 421 West Market Street.
M~emphis, Tenn.: 266 South Water Street.
MUinneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Custombouse.
New Yorkr, N.Y.: 734 Custombouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: Room 812, 20 South Fifteenth Street.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Oflice Building.
St. Louis, Mo.: 506 Olive street.
Ban Francisco, Calif.: 310 Oustombouse.
Battle, Wash.: 1406 Vance Building.
CODE OF E\AIR COMlPETITION FOR THE GLBss CONTAINER 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 my approval of a Code
of Fair Competition for the Glass Container Industry, and hearings
having been held thereon and the Administrator having rendered
his report containing an analysis of the said Code of Fair Compe-
tition, together with his recommendations and findings with respect
thereto, and the Administrator having found that the said Code of
Fair Competition complies in all respects with the pertinent pro-
visions of Title I of said Act a.nd that the requirements of clauses
~1) and (2) of subsection (a) of Section 8 of the said Act have
NOW, THEREFORE, I, Franklin D. Roosevelt, President of the
United Atates, pursuant to the authority vested in me by Title I of
the National Industrial Recovery Act, approved June 16, 1933, and
otherwise, do adopt and approve the report, recommendations, and
findings of the Administrator and do order that the said Code of
Fair Competition be and is hereby approved.
FRANKLIN D. ROOSEVELT.
To WarrE HOUSE,
Approval recommended :
Hnoo S. JOHNSON,
SEPTEM6BEn .25, 1938.
The Whi~te House,
MyDEAR MR. PRESIDENT: I have the honor to submit and recom-
nedfor your approval, the Code of Fair Competition for the Glass
The following exhibits are included or attached :
1. Final Code submitted.
2. Notice of Hearing.
3. Statement of Procedure.
4. Transcript of Records.
5i. Statistical Analysis of the Division of Economic Research
6. Report of Deputp.
An analysis of the provisions of the Code has been made by the
IAdmi nistrator. I find that the Code complies with the requirements
of the National Industrial Recovery Act.
SI am, my dear Mr. President,
Very sincerely yours,
Hrran S. JoHNson,
CODE OF FAIR COMPETITION FOR THE GLASS CONTAINER
To effectuate the policy and purpose of the National Industrial
Recovery Act the following provisions are est.azblished as a Code of
Fair Competition for the Glass Container Industry.
ARTnci; II DEFINITIONS
SECTION 1. The term "L the industry means and includes the busi-
ness of producing and selling glass bottles, glass jars, and glass
accessories for glass bottles and glass jars.
SEO, 2. The term "' member of the industry means any employer
engaged in the industryahrenefnd
SEO 3.Theter heAssociation means the Glass Container
Association of America, a membership corporation including in its
membership manufacturers of glass bottles and glass jars and manu-
facturers of allied articles.
SEC. 4. The term the President means the President of the
United States of America.
SEC. 5. The term administrator means the duly ap~pointed rep-
resentative of the President of the United States to administer the
National Industrial Recovery Act.
SEc. 6. The term "' employer means any enterprise engaged in thle
industry as herein defined.
SEO. 7. The term employee means any person employed by a
member of the industry as herein defined.
SEc. 8. The term "' plant means a plant engaged in the industry
as herein defined.
SEC. 9. Th6 term 'B maOrity vote shall be defined upon the follow-
(a) A majority vote of the members of the Industr~y either present
or by proxy; and
(b) A vote of the members of the industry, either present or by
proxy, having at least seventy-five percent (75%) of the total regis-
tered productive capacity of all members of the Industry.
(c) At~ each meeting of the members of the Industry fifty-one per-
cent (51%O~) of the members of the Industry shall constitute a quorum.
ARTICLE III--LABOR Paovnsrons
SETI~ON 1. (a) Employees shall have the right t.o organize and
bargain collectively through representatives of their own choosing
arid shall be fr-ee from interference, restraint, or coercion of employ-
ers of labor or their agents, in the designation of such representatives
or in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to refrain
from joining, orgamzing, or assisting a labor organization of his own
(c) Employers shall comply with maximum hours of labor, mini-
mlum rates of pay, and other conditions of employment approved or
prescribed by the President.
SEC. 2. NO member of the Industry shall employ a minor under the
age of sixteen (16) years, and no person under 18 years of age shall
be employed or allowed to work on or in connection with any
hazardous manufacturing processes.
SEC. 3. (a) ThB maxilluml DHulber of working hours for factory
employees in the Industry shall not be in excess of forty (40) hours
per week averaged over a six months' period, and not in excess of
forty-eight (48) hours in any one week. For the purpose of this
section the balance of the year 1933, from the effective date of this
Code to December 31, 1933, inclusive, shaUl be considered the first
period. Subsequent periods shall begin on January 1st and July 1st,
to end on June 30 and December 31, respectively.
(b) The max~imum number of working hours for offce or branch
emplj0 ouspeepoyees in the Indusr shall not be in excess of an average of
fory (0) ous pr wekover any one month period, and not in
excess of forty-eight (48) hours mn any one week. Provided, how-
ever, that the provisions of this section shall not apply to executives
and .supervisors, outside salesmen, technical and laboratory staffs
watchmen, and those employed in emergency maintenance and
emergency repair work.
SEC. 4. WVhere skilled employees are not available, upon the ap-
proval of t~he Code Authority, the mlaximum hours for skilled em-
ployees may be in excess of the maximum hours herein specified for
a period not to exceedl three months after approval of this Code.
SEc. 5. No employee shall be permitted to work for two or more
employers for a longer period in any week than is specified herein
for a single employer.
SEC. 6. (a) On and after the effective date of this Code, the mini-
mum wage shall be not less than forty (404) cents per hour, unless
the hourly rate for the same class of work on July 15, 1929, was
less than forty (404) cents per hour, in which case the rmimmum
wage shlall be not less than thirty (30e) cents per hour.
(b) The minimum wage herein specified shall be applicable
whether employees are compensated on the basis of a, time rate or a
piecework rate. Female employees employed during the same hours
of the dlay and upon the same work as that performed by male em-
ployees shall receive compensation equal to that of such male
(c) The provisions of this section shall not he applicable to ap-
prentices and learners; provided, however, that the total number of
such apprentices and learners shall not constitute riore than five
(5C%) percent of the total number of employees subject to the pro-
visions of this Code in any one plant; and provided further, that the
:.r wages paid to such apprentices and learners shall not be less than
eighty (80%0) percent of the minimum rates of pay7 specified in this
Codej irnd, provided further, that th8 period of apprenticeship or
learng sall not exceed three months.
.Soc.. The existing amounts by which wages in the higher-paid
classes of employees, up to employees receivingtiy-ve(3)dl
lars per week, exceed wages in the lower-paid classes fi5 employee
shall be maintained. Provided, however, that where the? for~regoin
provision results in rates that aire inequitable as between plants, for
the same work, revision of wage rates for higher-paid classes shall
be 'adjusted in a reasonable manner, subject to the supervision of the
SEO. 8. Any employee other than executives and supervisors who
receive more than thirty-five dollars ($35) per week and outside sales-
men, shall be paid overtime at the rate of time and a half for all
hours in excess of 40 hours per week averaged over a six months'
SEc. 9. Within each State members of the Industry shall comply
with any laws of such Stat~e imposing more stringrent requirements
regulating the age of employees, wages, hours of work, or health,
welfare, or general working conditions, than are imposed by this
SEO. 10. Employers shall not reclassify employees so as to defeat
the purposes of the Nationa~l Industrial Recovery Act.
SECTION 1. To effectuate the policies of the National Industrial
Recovery Administration and to provide for administration of this
Code within the Industry, a Code Authority of five members shall be
established by the IndustryT and upon request of the Administrator
not more than three nonvoting representatives of the Administrator.
All members of the Indust~ry as herein .defined shall be entitled to
participate in the selection of such members of the Code Authority.
Such election shall be by a majority vote as defined in Section 10 of
SEc. 2. In addition to the powers and duties herein specifically
conferred upon the Code Authority it shall have the following
powers and duties:
(a) The Code Authority shall be charged with the supervision,
administration, and enforcement of this Code and may to the extent
permitted by the National Ind-ustrial Recoveryr Act and subject to
review by the Administrator, issue such rules, regulations, and inter-
pretations, and impose upon the persons subject to the jurisdiction of
this Code such restrictions as may be necessary to effectuate the pur-
poses of this Code. The Code Authority shall have the right to
establish its own rules for the conduct of its business.
(b) In order that the President may be informed of the extent of
observance of the provisions of this Code and of the extent t~o which
.. the declared policy of the National Industrial Act is being effectuated
in the Industry as herein defined, the Code Authority shall make such
reports as the Administrator may require, and each employer shall
make such sworn or unsworn reports to the Code Authority periodi-
cally, as it may direct, on wages, hours of labor, conditions of em-
ployment, number of employees, production, shipments, sales, stocks,
prices, and other matters pertinent to the purposes of this Code as
the Code Aut~hority may require. In addition to information re-
quired to be submitted to the Code Authority, there shall be fur-
nished to government agencies such statistical information as the
Administrator may deem necessary for the purposes recited in Sec-
tion 3 (a) of the National Industrial Recovery Act. Each employer
subject to the jurisdiction of this Code and accepting the benefits of
the activities of th~e Code Authority thereunder shall either become
a member of the Association or pay to the Code Authority his pro-
portionate share of the amounts necessary to defray the cost of the
assembly, analysis, and publication of such reports and data, and of
the maintenance of the said Code Authority and its activities. Said
proportionate share shall be based upon value of net sales.
(c) Any and all information furnished to the Code Authority
shall be deemed confidential and shall not be divulged to any member
except in summary, but shall be available to the Administrator upon
(d) The Code Authority may designate the Glass Container Asso-
ciation or any other appropriate agency, to assist it in maintalmang
its accoulnts, determining such proportionate shares and in securing
the collection thereof.
(e) The Code Authority may from time to time appoint such sub-
commit~tees or designate such agencies, and may delegate to any of
them such of its powers and duties, as it shall deem necessary or
proper in order to effectuate the provisions and purposes of this Code.
(f) The Code Authority shall receive, and if it shall approve, shall
present for the approval of the President, any proposals for supple-
mentary provisions or amendments of this Code or additional Codes,
applicable to the industry defined herein or to any part thereof, with
respect to wages, hours, trade practices or related matters or condi-
tions in the Industry.
SEC. 3. (a) Any mterested party shall have the right of complaint
to the Code Authority .and of a prompt hearing and decision thereon
in respect to any decision, rule, Ingulation, or other course of action
of such Code Authority. Such complaint must be filed in writing
with 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 the Code Authority may be appealed by any inter-
ested p~art~y to the Administrator.
(b) Any interested party shall have the right of appeal to the
Administrator, under such rules and regulations as he may prescribe,
in respect to any decision, rule, regulation, or other course of actsio4i
issued or taken by the Code Authority.
Sjc. 4. Any decision, rule, regulation, order, or finding made or
course of action followed pursuant to this Code, may be cancelled or
modified by the Adlministrator whenever he shall determine such
action necessary to effectuate the provisions of Title I of the National
Industrial Recovery Act.
ARIrrcon V-CosT AccourNTwo
Each member of the Industry shall use an adequate cost accounting:
system. The Code Authority shall recommend for use in the In-
dustry a uniform and adequate cost accounting plan which shall be,
adaptable to the cost accounting procedure of the Industry, and
which shall be approved by the Administrator. Such plan shall
sp~cify the factors which shall be included in determining the, de-
livered costs of each member of the Industry. Sales by any member
of the Industry below such costs except to meet competition are
ARIrrCLE V-T RADE PROVISIONS
SECTION. 1. The rules of fair trade practice for the Glass Con-
tainer Industry, as set forth' in Schedules "LA", "L B ",( and "L C "~ at-
tached hereto, are specifically made a part of this Clode.
SEc. 2. Any violation of the trade practice provisions set forth in
Schedules "LA", "( B ",1 and "L C ",! hereof, or hereafter approved by
the President shall constitute a violation of this Code.
SEC. 3. Where the costs to a member of the Industry of executing
contracts entered into prior to approval of this Code by the Presi-
dent, are increased by the application of the provisions of this Code,
it is equitable and promotive of the purposes of .the National Indus-
trial Recovery Act that appropriate adjustments of such contracts
to reflect such increased costs be determined by arbitral proceedings
or otherwise. The Code Authority shall assist in effecting such
ARTIcs VII--PRODUCTION AND CAPACITY
The present capacity of the Industry is far in excess of present
or prospective needs. Therefore, each member of the Indust~ry shall
register with the Association the melting area in square feet of its
present tank or furnace equipment. Prior to the installation of new
melting areas or the enlargement of present melting areas by any
member of the Industry or persons engaging in the production o
bottles or jars, except for the replacement of similar tank or furnace
melting areas, such members or persons shall report to the Code
Authority, and the Code Authority shall makre such recommends-
tions to the Administrator as may seem necessary to effectuate the
policy of the National Industrial Rtecovery Act.
BAnnous VIII -GENERAL
SECTION 1. No provisions of this Code shall be construed, inter-
preted, or applied in such a manner as to-
(a) Promote monopolies or monopolistic practices;
(b) Promote or encourage unfair competition;
(c) El imin ate or oppress small enterprises;
(d) Discriminate against small enterprises.
SEO. 2. Any member of the Industry shall be eligible to member-
ship in the Association and there shall be no inequitable restrictions
imposed upon. such membership.
SEc. 3. The President may from time to time eanacel or modify any
order, approval, license, rules, or regulations issued under Title I of
the National Indu~strial Recovery Act, and specifically, without limi-
tation, may cancel or modify his approval of this Code or any condi-
tions imposed by him upon his approval hereof.
Violation by any person of any provision of this Code or of any
rule or regulation issued thereunder, or any! false statement or repor-t
m-ade to the President or the Code. Authority, after decision thereon
by the Admlinistrator pursuant t.o Article IV of this Code, shall ednh-
stitute an unfair method of competition and the offender shall be
Subject to the penalties provided by the. National Industrial Recovery
ARTICLE X EFFECTIVrE DBnn
This Code shall become effective ten (10) days after it is approved
by the President.
BEOFION 1. (a) It becomes necessary to conduct the Industry in an orderly
way..and to maintain competitive conditions in order that the provisions and
intent of the National Industrial Recovery Act may be effectuated. Therefore,
so long as the industry is operating below 70%~ of yearly registered capacity
for such period as the Administrator may approve, the principle of sharing
available business equitably among the members of the industry shall be recog-
nized, not to restrict production~but to maintain a reasonable balance between
production and consumption of glass containers and to assure adequate supplies
(b) When the industry is operating at 70%0 of average yearly registered
capacity for such period as is approved by the Administrator, the principle of
sharing available business shall be reconsidered by the industry and its recom-
mendation transmitted to the Administrator for his approval.
(e) If at any time a majority of the industry as defined in Section 10, Article
II, shall vote against the principle of sharing available business equitably
among the members of the industry, this Code shall be amended as the members
of the industry may determine and as the Administrator may approve.
(d) To make this principle effective, the Code Authority shall formulate a
plan for equitable allocation of production to each member in the industry or
who may hereafter enter the industry and shall submit such plan to the Admin-
istrator for his approval. Such plan shall give due consideration to productive
capacity and past performance and shall recognize the greater difficulties to be
met by the smaller producers in the industry in operating on a curtailed basis,
and such other factors as the Administrator may direct. After the Administra-
tor has approved such plan, the Code Authority shall from time to time, but not
less frequently than each six months, prepare an estimate of expected con-
sumpt~ion of glass containers. Upon the basis of such estimate the Code Author-
ity shall make equitable allocations to each member in the Industry in accord-
ance with the plan so approved. Each member of the Industry shall be entitled
to be registered by the Code Authority and shall be assigned an allotment. The
Code Authority shall take such steps as may be reasonably adapted to give
notice to all persons operating that such allocation will be made. After such
allotments have been assigned, no person shall produce glass containers in excess
of his allotment.
(e) The Code Authority shall issue interpretations and promulgate rules and
regulations necessary for the enforcement of this Schedule "LA", to prevent
evasion, and to secure the equitable application thereof.
(f) The Code Authdrity shall so administer the provisions of this Schedule
"A" as to prevent loss of export business to the glass-container industry as the
result of the operation of this Schedule "A."
(g) Any member of the industry unable for any reason to accept his allot-
ment under this Schedule "A" shall file his reasons therefore with the Code
Authority, who shall immediately organize a Board of Arbitration composed of
one member appointed by the Code Authority, one member representing the
complainant member of the industry, and one member selected by the two
members so appointed. If the two members so appointed are unable to agree
upon the selection of the third member, the Administrator shall appoint a dis-
interested third member. The decision of this Arbitration Board may be
appealed as the Administrator, in accordance with law, may prescribe.
SCHEDULE "B "
UNMamr TRADE PRA~CTICES8
SECTION 1. Inducing or attempting to induce by any unfair means whatsoever
any party to an existing contract with a member of the industry to violate such
contract shall constitute an unfair trade practice.
SEO. 2. The defamation of a competitor by words or acts, imputing to his
dishonorable conduct, inability to perform contracts, or questionable credit
standing, or the false disparagement of the substance, grade, or quality of
his goods, is an unfair trade practice.
SEo. 3. Imitation of a competitor's trade mark, trade name, or exclusive and
established design of product or package intended to identify the maker or
vendor of the product shall constitute an unfair trade practice.
SEC. 4. The SHIO Or Offer for Sale of Rny product of the industry with intent
to deceive customers or prospective customers as to quantity, quality, substance,
or size of such product shall constitute an unfair trade practice.
SEC.. 5. The marking or branding of products of the Industry for the pur-
pose or with the effect of misleading or deceiving purchasers or consumers with
respect to the quantity, quality, grade or substance of the goods purchased, shall
constitute an unfair trade practice.
Sco. 6. The payment or allowance in connection with any sale of secret
rebates, refunds, credits, or unearned discounts, whether in the form of money
or otherwise, or extending to certain purchasers confidential prices, special
services, or privileges not extended to aUl purchasers of the same class under
like terms and conditions, shall constitute an unfair trade practice.
Smc. 7. Commercial bribery or the making of promises to any purchaser or
prospective purchaser of any product, or to an officer, employee, agent, or
representative, of any such purchaser or prospective purchaser, of any bribe,
gratuity, gift, or other payment or remuneration, directly or indirectly, with-
out the consent of the representatives' employer or principal, shall constitute
an unfa ir trade practice.
SurrrTon 1. (a) No plant shall operate more than six (6) days per week; pro-
vided, however, that any member of the Industry may operate a plant or plants
seven (7) days per week to meet emergency needs for containers required for
seasonal products, where the limitation to six (6) days would result in curtail-
ment of employment or loss of perishable commodities.
(b) Each instance of seven (7) days work per week shaUl be reported
immediately to the Code Authority and the reason therefore shall be clearly
specified. Any such operation, not required by the necessities as herein de-
seribed but for the purpose of gaining a competitive advantage, shall constitute
a violation of this Code. .. .