Code of fair competition for the shower door industry as approved on May 19, 1934

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Title:
Code of fair competition for the shower door industry as approved on May 19, 1934
Portion of title:
Shower door industry
Physical Description:
p. 253-263 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Showers (Plumbing fixtures) -- Equipment and supplies -- United States   ( lcsh )
Doors   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1129-1-09."
General Note:
"Approved Code No. 435."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 63655290
ocm63655290
System ID:
AA00009877:00001


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NATIONAL RECOVERY ADMINISTRATION





CODE OF FAIR COMPETITION

FOR THE


SHOWER DOOR INDUSTRY


AS APPROVED ON MAY 19, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


sale by the Superintendent of Documents, Washington. D.C Price
For sale by the Superintendent of Documents. Washington. D.C. - Price 5 cents


Approved Code No. 435


Registry No. 1129-1-09






















This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, M:si.-.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Cliaamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
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 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.












Approved Code No. 435


CODE OF FAIR COMPETITION
FOR THE

SHOWER DOOR INDUSTRY

As Approved on May 19, 1934


ORDER

APPROVING CODE OF FAIR COMPETITION FOR THE SHOWER DOOR
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 approval of a Code of Fair
Competition for the Shower Door Industry, and hearings having
been duly held thereon and the annexed report on said Code, con-
taining findings with respect thereto, having been made and directed
to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate, by reference, said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act, and do hereby order that said Code
of Fair Competition be and it is hereby approved.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
A. R. GLANCY,
Division Administrator.
WASHINGTON, D.C.,
May 19, 1934.


60377--544-113--34


(253)













REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.

SIR: This is a report on the Code of Fair Competition for the
Shower Door Industry, the hearing having been conducted in Wash-
ington on February 20, 1934, in accordance with the provisions of
Title I of the National Industrial Recovery Act.

INDUSTRY BACKGROUND

The Shower Door Industry to a great extent is dependent upon
the construction and building of high class hotels, apartment houses,
hospitals and private residences. The industry, although compara-
tively small and new in the field of construction gives promise of
taking a more prominent place in the future due to the increasing
demand of the public for ultra-modern conveniences in building
construction.
HOURS AND WAGES

The Code provides a standard work week of 40 hours for plant
employees. Exception is made in regard to truckmen who shall be
permitted to work 45 hours per week with a nmiximum average of
not more than 40 hours a week during a four (4) consecutive weeks'
period. Office employees are limited to an average of 40 hours per
week. The minimum wage rate for plant and service employees is
45 cents per hour. Mechanics' helpers shall receive 90% of the mini-
mum hourly rate and office employees a minimum wage of $16.00 per
week.
ECONOMIC EFFECT OF THE CODE

The Industry employed in 1929 approximately 300 persons, in-
cluling office employees. Approximately 218 were factory workers.
A slight increase in employment will result from the reduction of
hours to the 40 hour maximum work week. The minimum wage rate
of 45 cents per hour will represent an increase in weekly wages
for 23 percent of the employees. The Industry comprising approxi-
mately 23 concerns has an invested capital of about $500,000 and an
average annual sales volume of approximately $1,000,000.

FINDINGS

The Deputy Administrator in his final report to me on said Code
having found as herein set forth, and on the basis of all the pro-
ceedings in this matter:
(254)





255


I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-
dustry for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry- normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associa-
tion is an Industrial Association truly representative of the aforesaid
Industry; and that said Association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies or
monopolistic practices.
(e) The Code is not designed-to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to the approval of said
Code.
For these reasons, therefore, I have approved this Code.
Respectfully,
HUGH S. JOHNSON,
Administrator.
MAY 19, 1934.












CODE OF FAIR COMPETITION FOR THE SHOWER DOOR
INDUSTRY

ARTICLE I-PuRPOSES
To effectuate the policies of Title I of the National Industrial
Recovery Act the following provisions are established as a Code
of Fair Competition for the Shower Door Industry, and shall be the
standard of fair competition for such industry and shall be binding
on every member thereof.

ARTICLE II-DEFINITIONS

The term Shower Door Industry or Industry" as used herein
includes the manufacture and sale by the manufacturer of shower
doors, bathtub and shower enclosures, composed of various metals
and glass.
SECTION 1. The term member of the industry" includes anyone
engaged in the Industry either as an employer or on his or its own
behalf.
SECTION 2. The term employee as used herein includes any and
all persons engaged in the industry, however compensated, except a
member of the industry.
SECTION 3. The term employer as used herein includes anyone
by whom such an employee is compensated or employed.
SECTION 4. The terms "President ", "Act ", and "Administrator"
as used herein shall mean, respectively, President of the United
States, Title I of the National Industrial Recovery Act, and the Ad-
ministrator for Industrial Recovery.
SECTION 5. The term Code Authority as used herein means the
body constituted under Article VI herein to administer this Code.
SECTION 6. The term "Association as used herein is defined to
mean the National Shower Door Manufacturers Association.
ARTICLE III-HOURS

SECTION 1. No employee shall be permitted to work in excess of
forty (40) hours in any week, or eight (8) hours in any twenty-four
(24) hour period; except as herein otherwise provided.
SECTION 2. No employees employed as truckmen shall be permitted
to work in excess of forty-five (45) hours in any one week, with a
maximum average of not more than forty (40) hours a week during
a four (4) consecutive week period.
SECTION 3. The maximum hours fixed in the foregoing sections
shall not apply to any employees engaged in emergency maintenance
or emergency repair work, involving breakdowns or protection of life
or property, but in any such special case, at least one and one-half
(256)





257


times the normal rate shall be paid for hours worked in excess of
forty (40) hours per week or eight (8) hours per day.
(a) The provisions of this Article shall not apply to traveling
salesmen nor to persons engaged in executive, managerial, or super-
visory capacities, who receive not less than $35.00 per week.
SECTION 4. No employer shall knowingly permit any employee to
work for any time which, when totalled with that already performed
with another employer or employers exceeds the maximum permitted
herein.
SECTION 5. Employers who personally perform manual work or are
engaged in mechanical operations shall not exceed the maximum
number of hours herein prescribed.
ARTICLE IV-WAGES

SECTION 1. No employee shall be paid at a rate of less than forty-
five cents (450) per hour; except that,
(a) Any employee engaged in clerical or office work shall be paid
at not less than sixteen (16) dollars per week, but messengers and
office boys may be paid at the rate of not less than eighty (80)
percent of the wage rate paid to clerical or office help, provided
that there shall be not more than one such employee to each twenty
office employees or fraction thereof.
SECTION 2. Piecework compensation. This Article establishes
a minimum rate of pay which shall apply whether an employee is
compensated on a time rate, piecework, or other basis.
SECTION 3. Equitable adjustments in pay schedules of all em-
ployees shall be made within thirty (30) days after the effective
date of this Code by any employer who has not heretofore made
such adjustments under the Act. Within sixty (60) days after
the effective date, all such adjustments made under the Act shall be
reported to the Code Authority and the Administrator, provided
that in no case shall hourly rates of pay be reduced.
SECTION 4. This Article establishes rates of pay which shall be
exempt from any charge, fines, and/or deduction by the employer.
SECTION 5. An employer shall make payment of all wages due not
otherwise than in lawful currency or by negotiable check, payable on
demand. These wages shall be exempt from any payments for pen-
sions, insurance, or sick benefits other than those voluntarily paid by
the wage earners, or required by laws. Wages shall be paid at least
at the end of every two week period, and salaries at least at the end
of every month. No employer shall withhold wages lawfully due
and payable.
SECTION 6. No one shall accept special rebates or free services or
other gratuities from employees which shall have the effect of a
reduction in wages.
SECTION 7. Mechanic's helpers between the ages of 18 and 21 are
not included in the wage provisions of Section 1 of this Article, ex-
cept that they shall in no case be paid less than 90% of the minimum
rate per hour described in Section 1 and provided that the total
number of such employees shall not exceed one employee for each
ten employees, or fraction thereof, engaged in manufacturing oper-
ations; and provided also that at the end of his first year's service





258


any such helper shall be paid not less than the minimum wage rate
described in Section 1.
ARTICLE V
SECTION 1. No person under eighteen (18) years of age shall be
employed in the industry.
SECTION 2. Employees shall have the right, to organize and bar-
gain collectively through repre-entatives of their own choosing,
and shall be free from the interference, re traint, or coercion of
employers of labor, or their agents, in the designation of such repre-
sentatvies or in self-organization or in other concerted activities for
the purpose of collective bargaining or other mutual aid or
protection.
SECTION 3. No employee and no one seeking employment shall be
required as condition of employment, to join any company union or
to refrain from joining, organizing, or assisting a labor organiza-
tion of his own choosing.
SECTION 4. Employers shall comply with the maximum hours of
labor, minimum rates of pay and other conditions of employment
approved or prescribed by the President.
SECTION 5. Within each state this Code shall not supercede any
laws of such state imposing more stringent requirements on employ-
ers regulating the age of employees, wages, hours of work, or health,
fire protection, or insurance or general working conditions, than
under this Code.
SECTION 6. No employer shall reclasify employees or duties of
occupations performed or engage in any other subterfuge for the
purpose of defeating the purposes or provisions of the Act or of this
Code.
SECTION 7. This Code shall not supersede the provisions in any
existing labor agreements establishing hours, wages and conditions
of employment more favorable to employees than the provisions of
this Code.
SECTION 8. A days' work shall constitute eight (8) continuous
hours of employment with not more than one hour intermission
during the course of this period for lunch or any other meal.
SECTION 9. Every employer shall provide for the safety and health
of employees during the hours and at the places of their employment.
Standards for safety and health shall be .-ubmitted by the Code
Authority to the Administrator within six months after the effective
date of the Code.
SECTION 10. All employers shall post copies of this Code in accord-
ance with such rules and regulations as the Administrator may
prescribe.
ARTICLE VI-ADMt N ISTRATION

SECTION 1. To further effectuate the policies of the Act, a Code
Authority shall be formed to cooperate with the Administrator in
the administration of this Code.
(a) The Code Authority shall consist of five members of the In-
dustry, three of whom shall be members of the Association, who
shall be elected by a majority vote of the Board of Directors of the
Association. The two members who are not members of the Associ-






259


ation shall be elected by members of the Industry not members of
the Association by a mail ballot to be conducted by the Association
within ten days after the effective date of the Code, such ballots to
be sent, by registered mail to all ascertainable members of the Indus-
try not members of the Association and the Association shall certify
the results of this election to the Administrator for approval. Each
such member of the Code Authority shall serve for a term not ex-
ceeding one year or until his successor is elected, and shall have one
vote.
In addition, the Administrator may appoint not more than three
non-voting members to such Code Authority.
SECTION 2. (1) It being found necessary to support the Adminis-
tration of this Code, in order to effectuate the policy of the Act and
to maintain the standards of fair competition established hereunder,
the Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which shall be held in trust for the purposes of the Code
and raised as hereinafter provided:
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary i
1. An itemized budget of its estimated expenses for the fore-
going purposes, and
2. An equitable basis upon which the funds necessary to support
such budget shall be contributed by all members of the
Industry entitled to the benefits accruing from the mainte-
nance of such standards, and the administration thereof;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and collect equitable
contributions as above set forth, and to that end, if necessary, to
institute legal proceedings therefore in its own name.
(2) Each member of the industry shall be liable for his or its
equitable contribution to the expenses of the maintenance of the Code
Authority as hereinabove provided. Only members of the industry
complying with the Code and making such contribution shall be en-
titled to participate in the selection of the members of the Code Auth-
ority or to receive the benefits of its voluntary activities or to make
use of any N.R.A. insignia.
SECTION 3. The Code Authority shall have the following duties
and powers.
(a) Under such rules and regulations as the Administrator may
prescribe, to insure the execution of the provisions of this Code
and provide for compliance of the members of the Industry with
the provisions of the Act and this Code.
(b) The making of such reports as the Administrator may re-
quire and the collecting from members of the Industry periodically
or as often as it. may direct sworn or unsworn reports on wages,
hours of labor, conditions of employment, number of employees,
and other matters pertinent to the provisions of this Code.
(c) The causing to be formulated of an accounting system and
methods of cost finding and/or estimating capable of use by all
members of the Industry. After such system and methods have
been formulated and has been approved by the Administrator full





260


details concerning them shall be made available to all members.
Thereafter all members shall determine and/or estimate costs in
accordance with the principles of such methods.
(d) The appointing of a secretary who shall file and keep confi-
dential any and all information requested by the Code Authority;
the reports of individual members shall not be divulged to any
member of the Industry except in compiled summaries, but shall be
available to the Administrator upon request.
(e) To appoint a trade practice committee which shall meet with
the trade practice committees appointed under such other codes as
may be related to the industry for the purpose of formulating fair
practices to govern the relationships between production and distri-
bution employers under this Code and under such others to the end
that such fair trade practices may be proposed to the Administrator
as amendments to this Code and such other codes.
(f) To cooperate with the Administrator in regulating the use
of any National Recovery Administration insignia solely by those
members of the Industry who have assented to, and are complying
with, this Code.
SECTION 4. No member of the Code Authority shall act in any
matter involving a member of the Industry by whom he is employed
or with whom he is associated or affiliated.
SECTION 5. Any Association directly or indirectly participating
in the selection or activities of the Code Authority shall (1) impose
no inequitable restrictions on membership and (2) submit to the
Administrator true copies of its articles of association, by-laws,
regulations, and any amendments made thereto, together with such
other information as to membership, organization, and activities
as the Administrator may deem necessary to effectuate the purposes
of the Act.
SECTION 6. 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 hear-
ings as he may deem proper; and thereafter if he shall find that the
Code Authority is not truly representative or does not in other re-
spects comply with the provisions of the Act, he may require an ap-
propriate modification in the method of selection of such Code
Authority.
SECTION 7. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor
shall any member of the Code Authority be liable in any manner
to anyone for any act of any other member, officer, agent or employee
of the Code Authority. Nor shall any member of the Code Author-
ity, exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any action or omission to act under
this Code, except for his own wilful misfeasance or non-feasance.
SECTION 8. If the Administrator shall determine that any action of
a Code Authority or any agency thereof may be unfair or unjust or
contrary to the public interest, the Administrator may require that
such action be suspended to afford an opportunity for investigation
of the merits of such action and further consideration by such Code
Authority or agency pending final action which shall not be effective






261


unless the Administrator approves or unless he shall fail to disap-
prove after thirty days' notice to him of intention to proceed with
such action in its original or modified form.
ARTICLE VII-TRADE PRACTICES
RULE 1. It shall be an unfair practice to allow cash discounts or
other terms of payments which shall reduce sales price below cost,
except as specified in Article VIII of this Code.
RULE 2. Members of the Industry may allow 2% cash discount for
payments made in ten days. Interest at the rate of 6% or the legal
maximum whichever is lower shall be charged for all accounts not
paid within sixty days of installation.
RuLE 3. No member shall give any guarantee against any decline
in prices or any allowances in any shape, form or manner.
RULE 4. The sale or offering for sale of products of the industry
under any form of guarantee against advance or decline in prices
shall be considered an unfair trade practice.
RULE 5. No member of the industry shall secretly offer or make
any payment or allowance of a rebate, refund, commission 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 privilege not
extended to all customers of the same class, for the purpose of in-
fluencing a sale.
RULE 6. No member of the industry shall publish advertising
(whether printed, radio, display or of any other nature), which is
misleading or inaccurate in any material particular, nor shall any
member in any way misrepresent any goods (including but without
limitation its use, trade-mark, grade, quality, quantity, origin, size,
substance, character, nature, finish, material content or preparation)
or credit terms, values, policies, services, or the nature or form of the
business conducted.
RULE 7. No member of the industry shall misbrand or mislabel
any of his products.
RULE 8. No employer shall permit any employee to share his
commission, or to give any part of it or any gratuity to any pur-
chaser of any product of this industry.
ARTICLE VIII-SELLING PRICE

No member of the Industry shall sell any industry product, at a
price below his individual cost except as hereinafter provided:
(a) Any member of the Industry may sell at less than his own cost
only in the following bona fide transactions: (1) Products of the
industry sold as bona fide clearance, if advertised, marked and sold
as such; (2) Imperfect or actually damaged products of the indus-
try, if advertised, marked and sold as such; (3) Products of the
industry sold upon complete and final liquidation of any business:
(4) To meet the competition of a member of the industry whose. cost
under this Code are lower. Cost for the purpose of this provision,
shall be determined in accordance with the principles enumerated in





262


the standard cost system formulated by the Code Authority and ap-
proved by the Administrator.
Any sales below cost made pursuant to the above provisions must
be immediately reported to the Code Authority together with copies
of the invoices.
(b) When the Administrator determines that destructive price
cutting has caused an emergency in the industry such as to render
ineffective or seriously to endanger the maintenance of the provisions
of this Code, the Code Authority may cause an impartial agency
to investigate costs in the industry and to determine the lowest reason-
able cost of the product affected by such destructive practice. Such
determination shall exclude all forms of return on capital investment
and any extraordinary or inflationary cost elements and shall be in
all respects subject to such rules and regulations as may be issued
by the Administrator and to his approval or modification after such
notice and opportunity to be heard as -he may prescribe. The Code
Authority or the Administrator may, upon its or his own initiative
or upon the request of any interested party, from time to time, cause
such determinations to be reviewed or reconsidered and appropriate
action taken. During any such emergency, any sale below the lowest
reasonable cost of the particular product as. determined pursuant to
this sub-section shall be deemed destructive price cutting, unless
justified by notification to the Code Authority as a necessary means_
of disposal of (1) dropped lines or seconds, (2) imperfect or
actually damaged products, or (3) products sold upon complete
liquidation of the business of a member of the Industry.
ARTICLE IX

SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the President in accordance with the
provisions in Subsection (b) of Section 10 of Title I of the Act from
time to time to cancel or modify any order, approval, license, rule,
or regulation issued under said Act and specifically, but without
limitation to the right of the President to cancel or modify his ap-
proval of this Code or conditions imposed by him upon his approval
thereof.
SECTION 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience, based upon application
to the Administrator by the Code Authority; and after such notice
and hearing as he shall specify, such modification shall become effec-
tive as part of this Code on the approval of the Administrator.

ARTICLE X-REPORTS
In addition to information required to be submitted to this Code
Authority, all or any of the persons subject to such Code, shall fur-
nish such statistical information as the Administrator may deem nec-
essary for the purposes recited in Section 3 (a) of said Act to such
Federal and State agencies as the Administrator may designate; nor
shall anything in this Code relieve any person of any existing obli-
gation to furnish reports to Government agencies.






263

ARTICLE XI

No provision of this Code shall be interpreted or applied in such
mannerr as to promote or permit monopolies or monopolistic prao-
tices or to eliminate, oppress, or discriminate against small enter-
prises.
ARTICLE XII

This Code shall become effective on the 10th day after its approval
by the President.
Approved Code No. 435.
Registry No. 1129-1-09.

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