AL RF~eCOERY ADMINISTRATION
C~ODS~ OF FAIR COMPELITITIO
METAL INSECT SCREI
OEDON-NOVEMEBE 14, 1938
PRESIDENT ROkOSEVELT1 .
WE D DzUR PA
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OV~ERNLENT PRINTIENG OFFICE
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aston, D.C. -- -- Prc 5 cent
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This publication is for sale by the Blaperintndent of Documents. Government
Printing Of~ee, Washington, D.C., and by distrlet oft~ees of the Bureau oiForeign
and Domestic Commerce.
DISTRICT OPPICES OF THE DEPARTMENT OF COMM~ERCH
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,. EXECUTIVE ORDER
.Cons or Famn COMPETITION FO)R THEIR ALLr-bETAL INSECT SCREEN
ABn application having been duly made, pursuant to and in full
Fcompliance with the provisions of title I of the National Industrial
Recovery Act, approved June 10, 1933, for my approval of a Code
.of Fiair Competfitzon for the All-Metal Insect Screen Industry, and
,hearings having been held thereeon and, the. Administrator having
rendered his report containing an analysis of the said code of fair
.competition together with his recommendations and findings with re-
spect ~thereto, and the Administrator having found that the said code
.oi fair competition complies in all respects with the pertinent pro-
vasions of title I of said act and that the requirements of clauses (1)
and,.(2)i of anbsection .(a) of, section. 3 of the said-act have been met:
i NO~W THEREFOR1E, I, Franklin D. Roosevelt, President of the
U'~fnited States, pursuant to the authority vested in me by title I of the
.Nast~i~onal Industrial Recovery Act, approved June 16, 1983, and other-
wi~se, do approve the report and recommendations and adopt the
.imdings of the Administrator and do order that the said code of
fair competition be and it is hereby approved.
FiRANK~LIN D. ROOSEVELT.
Tax Warra Hou~sE,
Novemnber 14, 193.
Huana S. Jonason,
NOVEMBER 4, lt .
Thle WVhite House.
Sm: This is a report on the Code of F~air Competition for the
All-Metal Insect Screen Industry in the United taes, asrvised
after a hearing conducted in W~ashing~ton on October SS 988, in
accordance with the provisions of the NJationial Industrial Recovery
PROVISIONS OF THIS COD)E AS TO) WAGEs AND HODESI
This code provides a maximum of forty hours in one week nd
eight hours in one day or forty-eight hours in any one w kiver;r-
aged over a four-week period. Overtime shll be paid ,as dbid ji
one half times the normal rate. ..r~
Oflice, accounting, or clerical workers may work in exoea of theb
above during any month's period but are limited to forty-e~i~ight~ lid
in any one week.
Professional and supervisory employees receiving more than lth- -
ty-five dollars a week are exempt from the above mscle ofib; hou ;
Emergency maintenance employees shall be paid one and ond balf
times their normal rate for overtune. :
Installation employes in projects other than those' cov~eid b'y
the Construction Indstryr, shall be paid not less than sixty altate
an hour. t ] !
Employers shall arrange work to provide the mazilirum pheo-
ticable continuity of employment. -
Employers shall not increase requirements of employees' pIrodlio-
tion to defeat purpose of this code. i i
Employees shall receive not less than sixteen dollars for a weekr
of forty hours except that accounting, clerical, and oflce ex~playes
shall receive fifteen dollars for a week of forty hours .except that i
office boys or girls under eighteen, not to exceed one for eachsten
offce employees, shall receive not less than eighty percent 'f the
A minimum rate is established regardless of whether an employee
is compensated on a time rate, piecework, or other basis.
To the extent practicable wage rates for occupations other than
those receiving the minimum shall be equitably adjusted.
Males and females shall receive the same pay for the same work.
Persons under 16 years shall not be employed in the industry,
nor shall any person under 18 be employed in hazardous occupations.
With permission of State Authority, persons physically or mentally
handicapped may be employed below the mirulmum wage provided.
ECONOMICO EFFECTS OF THE CODE
The Research and Planning Division estimates employment in-
creases of twenty-five percent and wage increases of twenty percent
as a result of the code.
~i;;lr: I:.s products to the public.
!'i~~~!,;ii~~.1~ubstantial increases in production in this Industry are contingent
u,pon new construction which will result in proportionate increases
m;' ~D employment.
'8: 'The Admt~inistrator finds that:
(a) The Code as recommended complies in all respects with the
pertinent provisions of Title I of the Act, including, without limita-
tion, subsection (a) of Section 7 and subsection (b) of Section 10
th!t ::'fereof ; and that
(b) The applicant group imposes no inequitatble restrictions on
admission to mebrhptherein and is truly representative of the
All-Metal Insect Screen Idsr; and that
(c) The Code as recommended is not designed to promote monop-
d lies or to eliminate or oppress small enterprises and will not operate
to discriminate against them and will tend to effectuate the policy
of Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be approved.
HUGII S. JoHNson,
CODE OF FAIR COMPETITION FOR THE ALL-1WETAL
INSECT 80REEN .INDUSTRY
Bi AnrrICE I-PURPOBE
w:s To effectuate the policies of Title I of the National Industrial
Reovtery Act, the following provisions are submitted as a Code of
F'air Competition for the All-Metal Insect Screen Industry and upon
approval by the President shaHl be the standard of Fair Competition
for this Industry.
ii': AnzaxIE II--Darxrrrows
1. The term all-metal insect screen industry as used herein is
defined to mean the business of manufacturing, selling and install-
ingr by the manufacturer of all-metal insect screens except the ad-
:justable type stock all-metal insect screens.
2:. The term "L employee as used herein includes anyone engaged
in the industry in any aact receiving compensation for his serv-
ices, irrespective of the mehdof payment of his compensation.
3. The term "L employer as used herein includes anyone for whose
benefit such an employee is so engaged.
4. The term member of the Industry includes any employer
-wpho shiall be subject to this Code.
5;. The term "ABdministrator means the Administrator of Title I
ofthe National Industrial Recovery Act.
01 The term "L President as used herein shall mean the President
of the United States or such officers, agents, and employees as he
may designate or appoint to aid or carry out his functions under
Title I of the National Industrial Recovery Act.
1. No employee shall be permitted to work in excess of forty (40)
hours in any one (1) week or eight (8) hours in any twenty-four
(84) hour period or forty-eight (48) hours in any one (1) week
arverise over a four (4) weeks' period, except that:
(a) Emnploygees engaged in oi~ee, accounting, and/or clerical work
mag b employed in excess of the above during any one (1) month's
pered, when such employees may be employed not more than forty-
eighit 48) hours during any one (1) week.
(b) The maximum hours fixed herein shall not apply to employees
engaged in professional, executive, administrative, or supervisory
WorkF3, who receive thirty-five (35) dollars or more per week.
(e)- The maximum hours fixed herein shall not apply to employees
on emergency maintenance or emergency repair work, involving:
brrea~kdoswns or protection of life or property, but in any such special~
case at least one and one half (1%~) times the normal rate shall be
paid for hours worked in excess of the eight (8) hours in any one
twenty-four (24) liour period herein provided.
(d) The rate for installation in projects other than those covered
by the Construction Industry, shall be not less than sixty (60C) cents
per hour. y
2. Nothing herein contaiined shall be construed to apply to -em-
ployees whose rates of wages or hours of labor are estaibheshed for
specificprojects by competent gvernmental authority, Federal, IState,
or Political subdivision thereof in accordance with law, where. suich
hours are shorter.
3. No employer shall egg any_ employee for any timlei wkbjb,
when totaled with that ledyperformed for another employers. et'
employers, exceeds the maximum permitted herein.
4. Employers who personally perform manual work or -are n-i
gaged in mechanical operations shall not work in excess of the pre-
scribed maximum number of hours.
5. An employer shall so administer work in his charge as to
provide a maximuzm practicable continuity of employmaent.'fo his
6. No increases in the amount of production work shall be reqired
of employees for the purpose of avoiding the provisions.of ~thiic Op~de
in respect to wages and hours of employment. All such new r~qquar
ments shall be reported to the Code Authority.
1. No employee shall be paid at less than the rate of sixteep (iO
dollars per week of forty (40) hours or forty (403) cents per b ,
except that: .e.
(a) Accounting, clerical, or office employees shall be paid ndeepg
than fifteen (15) dollars per week of forty (40) hours, xc n thet
o~ice boys and/or girls under eighteen (18) years of age sls. b~e
paid not less than eighty 80 percent of the said rate. Sc eo
boys and/or girls shall be lited to one (1) for each ten (10) -~a~
employees employed by an employer.
2. This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time-rate, piecework, or
3. An equitable adjustment shall be made in the wages of all em-
ployees now receiving more than the minimum wage as p~Pi'lSn~
an this Code. Provided, however, that these rates ~shll be 9subrar
to readjustments by the Administrator if the adjustments made by
an employer are not suitable in obtaining uniformity for this in,-
dustry. Within 30 days after the effective date each employer-shalll
report to the Administrator through th~e Code Authority, all.suchi
readjustments made by him since June 16, 1933.
4. Female employees performing substantially the same work l.as
male employees shall receive the same ratesof pay as male employees
5. An employer shall mare! payment of all wages due in 1gu
currency or by negotiable check, therefore payable on avan~slld.
Wages shall be paid at regular periods. These wages shall be ~exe
empt from any pa ments for pensions, insurance, or sick bendit
other than those v luntarily paid by the wage earners.
U.; Atq rr W4~illU;YE jr;r ITAL~3agut~ls'WHE1 accepts al reuaulo (1reckly ur
indiedlyon. such wages or give anything of va ue or extend favors
thbany~lp person ter thes purpose of infnencing rates of wages or the
e~inlagF iond~it~ions~ of :SIns employees.
.L A person whose earning capsexty is limited because of age or
by:; giltiEilOE-omental hanrdicap may be employed on light work at a
wl~alge:balows the minimanm established by this Code if the employer
6blitlsrins born the~:t~ State .Authority deszgnrated by the United States
lite 'ent of Ljabor a certificate authorizing his employment att
wnL~hrpFag~e~s itLand f~or such ~hours as shall be staEted in the certificate.
ath en dlphyoer shalleil with the Code Authority a list of all such
.eteobs~ emrployed byg h~imo.
AEHOLE 7-- RNERL LABO PBovISIOns
121tof~~ pTersnon under sixteen (16) years of age shall be employed ih
h~leidaus~tiry, nor anyone under eighteen (18) years of age at opera-
tionors.or occupations hazardous in nature or detrimental to health.
h# '@odejAuit~hority -hall submit to the Administrator before Janu-
ry 1, 1984,' a list of "such occupations. In any State an employer
shall be deemed to have compiled with this provision if he shall have
flenm a certifcat~e or pernmt duly issued by the authority in such
Mtath eizpowPered to issue employment or age cert-ificates or permits,
owtihg thatl the employee is of the required age.
I. ~Emnp~loyees shatll have the right to organize and bargain collee-
t~iitealj.throug~h representatives of their own choosing, and shall be
the j~from th~e interference, restraint, or coercion of employers of
ljabe or their agents, in the designation of such representatives or
in self-organization or in other concerted activities for the purpose
;. collectie bargainingg or other mFutual aid or protection.
;'8. Ifo employee and no one seeking employment shall be required
-i ea condition of emnployment to join any company union or to refrain
fore joinvig, organizing, or assistmng sa lor orgammzation of his
own( choosing, and
-j- hni'3plobers 'shall comply with the maximum hours o~f labor,
Srtninmum rates of pay, and other conditions of employment, ap-
proved or prescribed by the President.
I. ~Cithin each State ~this Code shall not supersede any laws of
%tiali State imposing more stringent requirements on employers regn-
]pting the age of employees, wages hours of work, or health, fire,
wr'ijhieneal co~nditions than under this Code.
'*. glEmployerss shall not recltassi'fy employees or duties of occupa
km performed by employees so as to defeat the purposes of the APct.
"'. Eac~h employer shall post in conspicuous places full copies of
8. Every employer shall provide for the health and safety of
h~ist workmen. He sh~all; comply with all National, State, and local
98icsian~~ces and provisions of safety and health, and to protect his
ip~loyees by Workrmen's Compensation Insurance, according to the
amounts required in the State of jurisdiction or the United States
~nl~uoyees' Compensation Insurance, if that State has not estab-
~ltishRt abinptmsation scheme for this industry. A safety and health
Mi~8tannar~tin'to; besubi~nitted by the Code Authority to the Adminisi-
tra~tor withf..in six (O}onths aktrer the effective date of this Code.
1. To further effectuate the policies of the ALct, a Code ;Authoarity~
is hereby constituted to cooperate with the Administrator ~in thbe
administration of this Code.
(a) The Code Authority shall consist of five members at the
industry, four members of which shall be elected from the Imenm ber-~
ship of the National Screen Institute, and one member of which sajrll
be elected by members of the industry who are not members of the~
Institute, if any. The Administrator in his discretion may a~p int
not more than three additional nonvoting members of the Coe
Authority as his representatives, without expense to the Industry.
(b) In order that the Code Authority shall at all times be truly
representative of the industry and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he may deem proper; and thereafter if he shall find that thle
Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, may require ,an
appropriate modification in the method or selection of the Cocle
2. Each trade or industrial association directly or indirectly
participat~'ingin the selection or activities of the Code Authority
shall: T(a) Ipose no inequitable restrictions on membership, andl
(b) submit to the Administrator true copies of its articles of rassocia-
tion, bylaws, regulations, and any amendments when made thereto,
together with such other information as to membership, organizations,
and activities as the Administrator may deem necessary to efiectua'te
the purposes of the Act.
3. The Code Authority shall have the following duties and powers
to the extent permitted by the Act, subject to the right of the Ad-
ministrator on review to disapprove or modify any action taken by
the Code Authority:
(a) The Code Authority may adopt such rules and take such ac-
tion and conduct such investigations as may be necessary in accord-
ance with law to elfectuate tlus Code and to that end may establish
subcommittees and subordinate, occupational, state, regional, or local
administrative committees and prescribe such duties, rules, and regn-
lations as it deems necessary to carry out the purposes of this Code
and the National Industrial Recovery Act.
(b) The Code Authority or their delegated representatives shall
have power from time to time to require each member of the Indus-
try to furnish to the Code Authority such information and reports
concerning purchases, hours of labor, rates of pay, and such other
statistical information as may be necessary or proper to support
the provisions of this Code.
4. The Administrator may cancel or modify any order, regula-
tion, or other action of the Code Authority in order to e~Fectuate the
purposes of the Act and the provisions of this Code, either on his
own initiative or on appeal.
5. In addition to the information required to be submitted.teithe
Code Authority, there shall be furnished to government ageancies
such statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 8 (a) of the Act.
vt Anyinember.of the In~dusitr is eligible for membership in the
oider and there shall be no mnequitable restrictions on such mem-
'' -Membr d .of the industry shall- be entitled to participate in and
sharre ~the rbaenefis af th ctiviitie of the Code Authority and to
~Paricipaste in the selection of the membe~rs. thereof by assenting to
andj 'olapljng~i~g it the requirements of this Code and sustaining
8thmeire~casonabe share of the expenses of its administration. The
e;.~asonable s~harFe~ of:the expenses of administration shall be deter-
mined by t~e iCode AuthI~orrty, subject to review by the Administra-
tor,,an (he basis o~f volume lof business and/or such other factors as5
ra:be-.deemsed equitable to be taken into consideration.
KAThe. Code Aunthority ~shall cooperate with the Administration
in regulating the:nxse of the N.R.A. Code Insignia solely to those
sinf~o~yers wh ihaie agreed to, and are com~plymyg with, this code.
: !db Thei Code Authority shall have the power to initiate, consider,
and: make recormmendatsons~ for the modification or amendment to
ArracLE VIZ--TRAHE PRACTICES
The id-~ollowing practices constitute unfair methods of competition
tr: m'embYers of the industry and are prohibited:
1i''. False M1a rkingg or B~rudinRg.- Theh false marking or branding
of any product of the industry which has the tendency to mislead
of dceive customers or -prospective customers, whether as to the
~adeiqu'ality, substance, character, nature, origin, size, finish, or
]kepea~tio n ofany Product of the industry, or other wise.
;B. .Mtis)epresenatatson or False or Misleadi~ng Ad-vertising.--The
leairsrng or causmng or knowingly permitting to be made or published
any fal~s4 nistenrally inaccurate, or deceptive statement by way of
advertisement or otherwise, whether concerning the grade, quality,
'quantiity9 substance, charatcter, nature, origin, onze, nimsh, or prepa-
ra~ti~on o~ any product of the industry, or the credit terms, values,
pbiiesl, or services of any member of the industry, or otherwise,
having the tendency or capacity to mislead or deceive customers or
f!3.. Commrrzcia~l Bribery.--Directly or indirectly to give or permit to
he given, or offer to give, money or anything of value to agents,
emnployees or representatives of customers or prospective customers,
ait@td~ agents, employees, ot* representatives of competitors' customers
or irodpedtive customers, without the knowledge of their employers
or-pzrinci~pals, as-an inducement to influence then employers or prin-
cipals to purchase or contract to purchase from the makers of such
g~ift or offer, oar to influence such employers or principals to refrain
froam dealing or contracting to deal with competitors.
''14. Int~erfeene withz~ lostra~ctual Relatio ns.--Malici ously in during
6# h~ttemptinig to induce the breach of an existing Oral or written con-
tiket" betwieen a com~pertitor and his customer or source of supply, or
itrererin~ .with or obstructing the performance of any- such con-
'tra~ctua~l duies or services.
19.;B;&eretccc~(C~ W2ebates.--The seeiiret payment or allowances of rebates,
kznidyn';l commissions, credits, or unearned discounts, whether in the
' bjij~ a4 none- or otherwise, or the secret extension to certain pur~-
I.:;. :.. : :
ni.. ; I
chasers of special services or Privileges not extended to all~
chasers on like terms and conditions. ,
6. Givng of Pries, Premi~ums, or Gifts.--The ofering: or gJeiving
of prizes, premiums, or gifts in connection with the 8saleof padddicts
or as an inducement thereto, by any scheme which involves lott~er
misrepresentation, or fraud.
7. D~efrmatlion.--The defamation of com etitors by falsely knput,
ing to them dishonorable conduct, inabilrt to perform cont~ract,
questionable credit standing, or by other fals repraeentations or bhy
the false disparag~ement of the grade or qIuaity of their nd o
8. hretsof Litigation.Th pubhshingorcearngo
threats or suits for infringement of patents or trade marksor ofany
other legal proceedings not in good faith, with the tendency or e8~ct
of harassing competitors or intunidating their customers.
9. Epionge f C~ompetitore.--Securmg confidential information
concerning thn~Ie business of a competitor by9 a false or misleading
statement or representation, by a false impersonation of one in
authority, by bribery, or by any other unfair method.
10. Bid Pedrdling. -The Practice commonly known as "1 bid ped-
dling or bid shopping' are recognized aes unfair and are pro-
hibited. Bid peddling in elfec means the offering by the bidder prior
to the making of an award of a substitute bid at a price lower than
the one origmally quoted without a commensurate decrease in the
requirements of the Job.
11. Independent quotatlions.--Where any member of the Isndutlry
quotes on other products in conjunction with all-metal screens, fail-
ing to include as a part of his quotation the following statenment-:
"r The prices made on the various products in this quotation are madie
independent of each other and we/I wEl accept a contract for insect
screens herein quoted irrespective of whether we/I receive a contract
for any other commodity quoted or not."
12. Submitting Bide.- (a) Suibmitting either directly or indirectl
more than one bid or quotation on any specified .project, or revasung
such bid or quotation except in the event of a material change in the
the plans and specifications of such project.
(b) Where products outside of the industry form part of any
specifications, failing to make separate quotations for products of
13. Selling below cost, except to meet the actual competition of
the lower cost of another member of the'industry. Cost, for the
purpose of this paragraph, shall be determined in accordance with,
a standard system of cost accounting established by the Code
Authority and approved by the Admimistrator.
14. Failing to comply with the following provisions for pbice+-
dtion of prices.-(~a) jEach member of the Industry shall within ten
(10) days after the effective date of this Code publish a complete list
of his standard items showing all prices, terms, and discounts to the
different classes of trade and copies of this price list and/or discount
sheets published in accordance with this paragraph shall be filed wpith
the Code Authorityv. The Code Authority shall immedia~tely need -
copies thereof to all other members of the Industry. Bevisedprice
lists and/or discount sheets may be filed any time thereafter withi the
Code Authority by any such member, to become elfective on the d~ate
apR~Z~~ atr excame gta ve apelinea .snerem anan~ no unmesalteiy sons
" ,- l~el ninunbers of the -iindus~try who ther~eupon may le, .if they so
,~be~Frai vi~sl ions ob the~ir:Ow n .pubi~shed~rpace-.lists and/or. discount
~i~s m sSledo mneet said revised, prie ~Lists. The said re~visions
sh~all 'become effective upon the date when the said revised price lists
and/o discount sheet;refie filed eball go intvo-ageet.
(a) No member of the industry shall sell directly or indirectly by
r;;. QpJ3Lanyans;Pe iahatsoev any product of~n~c the ind~ustryn at a price lower,
"than those provided in his published price lists and discount sheets.
15i. Other Ulnfair Practices.-Thie following are also prohibited.
Enticement of competitor's employees.
Deliveries not conforming to sample or order.
i etrlished _by_ the industry and approved by the President.
(d) Wilfully misrepresenting market conditions in order to
(e)_ Substitution of merchandise inferior to that called for in the
(f) Omitting parts called for in specifications.
16. Nothing m this Code shall limit the elect of any adjudication
by he outs r oldngby the Federal Trade Commission on com-
plith fnding and order, that any_ practice or method is unfair
provdingthat such atdjudication or holding is not inconsistent with
any provision of the Act or of this Code.
1. No provision in this Code shall be interpreted in such a way as
to permit conduct or operations tending to promote monopolies or to
eliminate or oppress small enterprises, or to discriminate against
2. This Code and all the provisions thereof are exp~ressly made
subject to the right of the President, in accordance with hepro-
visions of Section 10 (b) of the National Industrial Recovery Act,
from time to time to cancel or modify any order, approval, hecense,
rule, or limitation issued under Title I of said Act, and specifically
but 'without limitation, to the right of the President to cancel or
modify his approval of this Code or any conditions imposed by him
upon "i approval thereof.
3. Such of the provisions of this Code as are not required to be
included therein by the National Industrial Recovery Act may, with
the approval of the President, be modified or eliminated as changes
in the circumstances or experience may indicate. It is contemplated
that from time to time supplementary provisions to this Code or ad-
";"I' ditionatl Codes will be submitted for the approval of the President to
prevent unfair competition in prices and other unfair and destructive
Competitive practices and to effectuate the other purposes and policies
of Title I of the NTational I~nduistrial Recovery Act consistent with
the provisions thereof.
~Annum~ IX~.-Pares IxaE1ErASEB *
Whereas the policy of the Act to increase real Purhasin pwe
will be made impossible of consummation if prxces of gosAd
services increase as rapidly as wages, it is recognized that pri'wid-
creases except such as may be required to meet individual cost shout&
be delayed. But when made such increases should, so far as poaibly~~
be limited to actual additional increases in the seller's costs.
AnnaTm~~ X---EFFECHVE DarE
This Code shall become effective on the second Monday after ~its
approval by the President.
ii x 4
UNIVERSITY OF FLORIDA
3 1262 08582 9843
i x x
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