Approved Code No. 541 Registry No. 1021- 1- 06 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

FLAT GLASS MA.L\NUFACTURING 

INDUSTRY 

AS APPROVED ON DECEMBER 22, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For·sale by the Superintendent of Documents, Washlngt~n, D. C. - - - - - - - - Price 5 cents 
This publication is for sale by the Superintendent of Documents, Go' emment 

Printing Office, Washington, D. C., and by district offices of the Bureau of 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEP ARTMEN'f OF COMMERCE 

Atlanta, Ga.: 50-! Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

Buffalo, N. Y.: C'hnmber of Commerce Buildin~. 

Charleston, S. C.: Chambe r f Commerce Building, 

Chicngo, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio: Chamber of Commerce. Dallas, Tex. : Chamber of Commerce Building. 

Detroit, l\1ich.: 801 First National Bank Building. 

H ouston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

J acksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Lo Angeles, Calif. : 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Buil<ling. 

New Orl ans, La.: Room 225-A, Customhouse. 

New York, N. Y. : 734 Customhou e. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa. : 4:22 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. 541 

CODE OF FAIR COMPETITION 

FOR THE 

FLAT GLASS MANUFACTURING INDUSTRY 

As Approved on December 22, 1934 

ORDER 

CoDE OF F AIR CoMPETITION FOR THE FLAT GLAss ~1ANUFACTIDUNG 

I NDUSTRY 

An application having been duly made pur uant to and in full 

compliance with the provisions of Title I of the National Industrial 

RecoYery Act, approved June 16, 1933, for approval of a Code of 

Fair Competition for the Flat Gla :Manufacturing Indu try, and 

hearina haYing be n luly held thereon and the annexed r port on 

said Code, containing finding with re pect thereto, having been 

made and directed to the Pre ident: 

NO,V, THEREFORE, on behalf of the P re::sident of the United 

State , the National Industrial Recovery Board, pur uant to au- thority ve ted in it by Executive Orders of the President, including 

Executive Order No. 6 59, dated September 27, 1934, and otherwise ; 

doe hereby incorporate by referr->nce said annexed report and does 

find that said Cole complies in all re pect with the pertinent provision and will promote the policy and purpo e of said Title of said 

A t · and doe hereby order that said Code of Fair Competition be 

and it i hereby approved, subject, however, to the condition that the 

pro vi ion of Articl III Section 2 (d) be tayed pending further 

order f the National Indu trial Recovery Board. 

NATIONAL INDUSTRIAL RECOVERY BOARD, 

By W. A. HARRIMAN, Adm,inistrative Officer. 

Approval re ommended : 

,Y. P .. ELLIS, 

Acting Divi ion Adm.inistrato1·. 

\Y' A HIKGTON, D. c., 

Decembe1· g"'' 193 ~. 

104328°----1383- 131----34 (39) 
REP RT TO THE PRESIDE_._:rT 

The P1m. IDEXT, 

T 7z Tr hite H o'ltse. 

Sm: Thi i a report on the Code of Fair Competition for the 

Flat Glass l\Ianufacturing Indu try, a reYised after a public hearing 

conducted in \Yashington, D. C., on October 30, 1933, in accordance 

with the provi ions of Title I of the National Indu trial Recovery 

Act. 

THE I:NDU TllY IX GE .. ~ERAL 

1. The Flnt Gla :Manufacturing Indu try a defined by the Code 

embraces all e tabli ·hment engacred in the manufacture and primary 

sale of flat gla s e::s:cer t common window gla the latter being 

another flat glass product included under a eparate code. The 

Industry at thi time con i t of eighteen eli tinct member . The In- dustry is sub~divided into four sub-clivi ion , namely : (1) Plate 

Glas Divi ion, (2) Rough, Rolled and Wire Glass Division, (3) 

Structural Gla Division, (4) Safety Glass Divi ion. Two of the 

five members of the Plate Glass Divi ion produce and sell approximately 94% of all plate glass; one of the m mbers of the Rough, 

Rolled and Wire Glas Division produce and sells approximately 

48% of all Rough, Rolled and Wire Gla s · one of the members of the 

Structural Gla~. Division produces and sells approximately 45% of 

all Structural Glas (thi member being one of the two previously 

mentioned in the Plate Glass Division) ; and two of the members of 

the Safety Glas Division produce and sell approximately 96% of 

all afety gla (the e two members being the same two members 

pre·viou ly mentioned in the Plate Glass DiYi ion, and one of the 

two being the amo member previou ly mentioned in the Structural 

Gla DiYision). These two concerns operating in the eYeral Division produce and ell approximately 91 r of the total dollar value 

of all products of thi industry. 

PROYI IONS OF THE CODE AS TO HOURS, WAGES AND GENEP....U. LABOR 

PROv'ISIONS 

1. This Code provides that no employee shall be permitted to 

work more than seYenty-two (72) hours in any fourteen (14) day 

period nor more than six (6) days in any seven (7) day period; and 

that no employee shall be permitted to work more than eight (8) 

hour in any twenty-four {24) hour period (except that each employee may be permitted to work ix (6) additional hour in any 

even (7) day period, provided that at least one and one-half times t~1eir normal rate of pay is paid for all time worked in excess of 

e1ght (8) hours in any twenty-four (24) hour period), except as 

follow : 

(40) 
41 

(a) Employees from the immediately preceding shift, engaged 

in the non-continuous proces e of the industry which operate twentyfour (24) hour per day may be permitted to work not more than 

four ( 4) additional hours and not more than a total of forty-two 

( 42) hours in any even (7) day period without the payment of 

overtime if his services are r quirecl by rea on of the failure of 

another regular employee to report or remain at 1\ork. 

(b) Employees engaged in the continuous processes of the indus- try shall not be permitted to work mor·e than eighty-four (84) 

hours in any fourteen (14) day period, nor more than six (6) hours 

in any one twenty-four (24) hour period except that (1) in order to 

provide for the rotation of shift·, each such employee may be permitted to work six (G) additional hours in any one twenty-four (24) 

hour period in each fourteen (14) day period without the payment 

of overtim , and (2) each such employe from the immediately preceding hift may be permitted to work six (6) additional hours in 

any seven (7) clay period without the payment of overtime if his 

services are required by rea on of the failure of another regular 

employee to report for or remain at work. 

(c) Employees engaged in clerical, office or sale work (exclu ive 

of those engaged a bookke per and accountant ) may be permit- ted to work not more tha.n forty ( 40) hours in any one seven (7) 

day period nor more than eight (8) hours in any one twenty-four 

(24) hour pariod nor more than six (6) lays in any one even (7) 

day period, except that each ·uch employee may be permitted to -work 

two (2) additional hours in any one twenty-four (24) hour period 

in each seven (7) day period, without the payment of overtime, provided that the total for such seven (7) day period is not in excess of 

forty ( 40) hour . (d) During any one seven (7) day period in any month or four 

( 4) weeks accounting period any employee engaged as a bookkeeper 

or accountant may be permitted to work nine (9) hours in any 

twenty-four (24) hour period and forty-five ( 45) hours in said seven 

(7) day period without payment of overtime, provided that equiva- lent time off is given such employee during the balance o:f the same 

month or accounting period, so that the average of such employee's 

hours during said month or four ( 4) weeks accounting period, does 

not exceed forty ( 40) hours per seven (7) day period; and further 

each uch employee may be permitted to work not more than six (6) 

additional hours in any seven (7) day period, provided that at least 

one and one-half (11j2 ) times the normal rate of pay is paid for all 

hours worked in excess of nine (9) hours in any twenty-four (24) 

hour perio l during such first mentioned seven (7) day period, or in 

exce s of eight (8) hours in any twenty-four (24) hour period during the balance of the month or accounting period. 

(e) Employees engaged a watchmen may be permitted to work 

not more than eighty-f our (84) hours in any one fourteen (14) day 

period. 

2. Thi Code -exempts from hourly, weekly or othel'-periodic limitations persons employed in a managerial or executive capacity who 

earn not less than thirty-five dollars ($35.00 ) per week and employees 

engaged in emergency maintenance or emergency repair work provided, however, that in cases of emergency maintenance or emergency 
42 

repair work. a lea tone and one-half (11/2 ) times their normal r ate 

of pay i paid for all time worked in ex ·ess of the maximum provided in Article III. 

3. This Code establishes minimum rates of pay of forty cents 

($.40) and thirty-five cents ($.35) per hour fo all classes of employees ex ept those engaged in clerical and office work, in the 

Northern and Southern sections of the industry r.ospectively. A 

minimum rate of fifteen dollars ($15.00) per We€k is established for 

emplo3 ees engaged in clerical or office work regardless of the section 

of the industry. 4. This Code establishes minimum rates of pay for all employees 

irrespective of whether the employee is actually compensated on a 

time rate, piece work or other basis. Handicapped persons may be 

employed at a wage below the minimum under conditions as provided by the Code. 5. This Code provides that, for those employees receiving compen ation in exces of the minimum wage rates, an equitable adjustment shall be made in those cases where such equitable adjustments 

have not been made since July 1, 1933, and that reports in respect 

thereto shall be submitted by the Code Authority to the Administrator. . 6. This Code also includes provisions respecting: 

!

a) Evasion through re-employment, and 

b) Reclassification of Employees, and 

c) Standards for Safety and Health, and 

d) Payment of Wages, and 

(e) Dismissals for I\1aking a Complaint, and 

(f) Rates of Pay for Female Employees, and 

(g) Po ting of the Code, and 

that no person under sixteen (16) years of age shall be employed in 

the indu try and that no person under eighteen (18) years of age 

shall be employed in operations or occupations which are hazardous 

in nature or dangerous to health, and that the Code Authority shall 

within thirty (30) days after the effective date o:£ the Code submit 

a li t of such operations and occupations in the industry. 

ECONOMIC EFFECTS OF THE CODE 

1. The report of the Division of Research and Planning indicates 

that the production of the Plate Glass Division (which constitutes 

approximately 50% of this industry) declined from 150,50±,000 

square feet in 1929 to 86,03 7,000 square feet in 1933 or about 43%. 

While no figures are given for the production of the Structural 

Glass and Rough Rolled and Wire Glass Divi ions, it is assumed 

that they suffered the same decline inasmuch as they1 like the Plate 

Glass Division, depend largely on construction activity for their 

market. In the Safety Glass Division production in 1933 was 

greater than in 1929 due to the increasing demand for its products 

in the Automotive Industry. Sales for the entire industry totaled 

$32,570,000 in 1933. Sales for the first six months of 1934 were 

73.6% of the sales for the entire year 1933 indicating a substantial 

upturn in the industry. 
43 

2. While complete and accurate stati tics on employment within 

the industry are not available, it is estimated that the total number 

of employees in the industry in 1929 was about 16,880, and in the 

first part of 1933 about ,000. In the latter part of 1933 the number 

of employees was estimated to be about 11,000 due both to the opera- tion of the Pre ident s Reemployment Agreement and the upturn 

in business. Based on Bureau of Labor Statistics covering "Trend 

of Employment" for all glass manufacturer , it would appear that 

in this industry from June, 1933 to June, 19u± employment increased 

31.6% . Average hours worked decreased from 42.1 to 33.5 or 17% 

while average hourly earning increased from 44¢ to 55¢ or 19.6% 

with the net re ult that average weekly earnings deer ased from 

$18.97 to $18.42 or 0.8%. 

3. Increa eel employment due to the thirty-six (36) hour general 

provision and the forty -two ( 42) hour provision for the continuous 

processes, on the basis of employment for the la t half of 1933 and 

the first half of 1934, should re tore the industry to the 1929 level, 

and in conclu ion it may be stated that, even if the operation of the 

Code does not greatly increase average wages, the position of the 

industry will be reasonably good, provided that reductions of weekly 

earnings do not result from the hortening of hours. 

FINDINGS 

The Deputy Administrator in his final report to u. on said Code 

having found as herein set forth and on the basis of all the proceed- ings in this matter : 

We find that: 

(a) Said Code is well designed to promote the poli"ies and purposes 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 provide for the general welfare by promoting the organization of industry for the purpo e of cooperative action among the trade groups, 

by inducing and maintaining united action of labor and management uder adequate governmental sanctions and upervision, by 

eliminating unfair competitive practice , by promoting the fullest 

possible utilization of the present productive capacity of industries, 

by avoiding undue re triction of production (except as may be temporarily required), by increasing the consumption of industrial and 

agricultural products through increasing purcha ing power, by 

reducing and relieving unemployment, by improving standards of 

labor, and by otherwise rehabilitating industry. 

(b) Said industry normally employes not more than 50,000 em- ployees; and is not classified by us as a major industry. 

(c) The Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation 

Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsection (b) of Section 10 thereof; and that the applicant group is an 

industrial group truly representative of the aforesaid industry and 

that said gToup imposes no inequitable restrictions on admission to 

membership therein. 
44 

(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. (£) Those engaged in other steps o£ the economic process have not 

been deprived o£ the right to be heard prior to approval o£ said Code. 

For these reasons, therefore, we have approved this Code. For the National Industrial Recovery Board: 

D ECEM.RER 22, 1 £)34. 

w. A. H ARRUfAN' 

Administrative Officer. 
CODE OF FAIR COMPETITION FOR THE FLAT GLASS 

MANUFACTURING INDUSTRY 

ARTICLE I-PunrosEs 

To effect the policies of Title I of the National Industrial Recovery Act, this Code is established as a Code of Fair Competition for 

the Flat Glass l\1anufacturing Industry, and its provisions shall be 

the standards of fair competition for such Industry and shall be 

binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term "Flat Glass Manufacturing Industry" or 

" Industry " a· used herein is defined to mean and include the 

manufacture and the primary sale of the products of this Industry, 

or any one of them. 

The term "sale" shall be deemed to include, but without limitation, shipments of products of this Industry, made by a member of 

the Industry to a distributing agency owned or controlled directly or 

indirectly by such member of the Industry and/ or shipments of the 

products of this Industry made by a member of the Industry to a 

consignment account. The operation of establishments (including 

distributing agencies) engaged in the distribution of the products, 

either owned or controlled directly or indirectly by a member of the 

Industry, shall not be subject to this Code. 

SECTION 2. The term" Flat Glass" or" products of this Industry" 

is defined to mean and include the following types of flat glass 

having two (2) approximately parallel surfaces: Plate Glass, Rolled 

Glass, Rough Glass, Ribbed Glass, Structural Glass, Safety and/ or 

Laminated Glass, Wire Glass, including Figured Glass, Colored and 

Opalescent Glass, and Ornamental Plate Glass, but excluding Common Window Glass and Optical Glass. SECTION 3. The term " member of the Industry " as used herein 

includes, but without limitation, any individual, partnership, association, corporation or other form of enterprise engag-ed in the 

Industry, either as an employer or on his or its own behalt. 

SEcTION 4. The term "employee" as used herein includes any and 

all persons engaged in the Indu try, however compensated, except a 

member of the Industry. 

SECTION 5. The term "employer" as used herein includes anyone 

by whom such employee i compensated or employed. 

SECTION 6. The term "continuou processe of the Industry" as 

used herein is defined to mean and include the operations of mixing 

and melting the raw materia~ , withdrawing the molten glass from 

the tanks and/ or furnaces, forming ihe same into sJ:leets or plates, 

and delivering such . lwets or plates to those places or sectivns of 

1 04:::!8 °-l=J85- 1 :..:1 - -::-±--2 {-:i:::J) 
46 

the plant of the member of the Industry where they will subse- quently be handled and worked or stored, and also the heat, light, 

power, sand grading and water producing operations nece arily 

incident to uch continuou operations. 

SEcTION 7. The term "Code Authority" as used herein is defined 

to mean the Code Authority constituted under Article VI hereof. 

SEcTION 8. The term" Division of the Industry" means any Division of the Industry described in Section 2 of Article VI hereof. 

SEcTioN 9. The term "Divisional Committee" means any Divisional Committee described in Section 3 of Article VI hereof. 

SEcTioN 10. The term "Planning Committee" as used herein, 

means the Planning Committee appointed by the members of the 

Industry and authorized to prepare and submit this Code. 

SEcTION 11. The terms" President", "Act", and "Administrator", 

a used herein, are defined to mean, respectively, the President of 

the United States, Title I of the National Industrial Recovery Act, 

and the National Industrial Recovery Board. 

SECTION 12. The term " Southern Section of the Indu try " as 

used herein is defined to mean and include the States of Virginia, 

North Carolina South Carolina, Georgia, Florida, Alabama, Louisiana, .Missouri Missis ippi, Tennessee, Arkansas, Oklahoma, Kansas 

and Texas. The term "Northern Section of the Industry " a u ed 

herein is defined to mean and include the District of Columbia and 

all other States, territories and possessions of the United ·stat-es, in 

which the National Industrial Recovery Act applies. 

ARTICLE III-HouRs 

SECTION 1. M GXJJimwm H ours.-N o employee, except as herein 

otherwise provided, shall be permitted to work more than seventytwo (72) hours in any fourteen (14) day period nor more than six 

(6) days in any seven (7) day period; and no employee, except as 

herein otherwise provided, shall be permitted to work more than 

eight (8) hours in any twenty-four (24) hour period except that 

each employee may be permitted to work six (6) additional hours in 

any seven (7) day period, provided that at least one and one-half 

(1¥2) times their normal rate of pay is paid for all time worked in 

excess of eight (8) hours in any twenty-four (24) hour period; and 

except that an employee from the immediately preceding shift, engaged in the non-continuous proce es of the Industry which operate 

twenty-four (24) hours per day, may be permitted to work not 

more than four ( 4) additional hour , and not more than a total of 

forty-two (42) hours in any seven (7) day period without the payment of overtime if his services are required by reason of the failure 

of another regular employee to report for or remain at work. 

SECTION 2. Ewception.s as to Hours.-(a) Employees engaged in 

the continuou processe of the Indu try shall not be permitted to 

work more than eighty-four (84) hours in any fourteen (14) day 

period, nor more than six (6) hours in any one twenty-four (24) 

hour period except that ( 1) in order to pro vi le for the rotation of 

shifts, each such employee may be permitted to work six (6) addi- tional hours in any one twenty-four (24) hour period in each fourteen (14) day period without the payment of overtime, and (2) each 
47 

such employee :from the immediately preceding shift may be permitted to work six (6) additional hours in any seven (7) day period 

without the payment of overtime if his services are required by 

reason of the failure of another I"egular employee to report for or 

remain at work; 

(b) Employees who engage in clerical, office or sales work (ex· 

elusive of employees covere<,l by sub-section (c) of this Section) shall 

not be permitted to work more than forty ( 40) hours in any seven 

(7) day period nor more than eight (8) hours in any one twentyfour (24) hour period nor more than six (6) days in any seven (7) 

day period, except that each such employee may be permitted to 

work two (2) additional hours in any one twenty-four (24) hour 

period in each seven (7) day period, without the payment of overtime, provided that the total for such seven (7) day period is not in 

excess of forty ( 40) hours ; 

(c) During any one seven (7) day period in any month of four 

weeks' accounting period any 'employee engaged in bookkeeping or 

accounting work may be permitted to work nine (9) hours in any 

twenty-four (24) hour period and forty-five ( 45) hours in said seven 

(7) day period without payment of overtime, provided that equivalent time· off is given such employee during the balance of the same 

month or accounting period, so that the average of such employee's 

hours during said month or four weeks' accounting period, does not 

exceed forty ( 40) hours per seven (7) clay period; and further each 

such employee may be permitted to work not more than six (6) 

additional hours in any seven (7) day period, provided that at least 

one and one-half (1¥2) times their normal rate of pay is paid for all 

hours worked in excess of nine (9) hours in any twenty-four (24) 

hour period during such first mentioned seven (7) day period, or in 

excess of eight (8) hours in any twenty-four (24) hour period during 

the balance of the month or accounting period; 

(d) The maximum hours established above shall not apply during 

the period of peak load and seasonal demand of the automotive industry to members o:f the Industry which manufacture plate glass 

andjor safety glass where restriction of hours would unavoidably 

reduce production. Accordingly employees of members of the Industry which members manufacture plate glass and/or safety glass 

for the automotive industry and which employees are directly engaged in the manufacture andj or !?reparation and furnishing and 

shipping of such glass may be permitted during any one consecutive 

period of not more than fourteen ( 14) weeks in any one year to 

work not more than forty-eight ( 48) hours in any seven (7) day 

period and not more than eight (8) hours in any twenty-four (24) 

hour period without the payment of overtime, but in no case shall 

such employees be permitted to work in excess of forty-eight ( 48) 

hours in any seven (7) day period or eight (8) hours in any twentyfour (24) hour period.1 

(e) Employees engaged as watchmen shall not be permitted to 

work more than eighty-four (84) hours in any one fourteen (14) 

day period. 

1 Stayed- See paragraph 2 of order approving this Code. 
48 

SECTION 3. Exe1nptions as to Hours.- (a) The provisions of this 

Article shall not apply to outside salesmen or to employees engaged 

in a managerial or executive capacity who earn not less than thirtyfive dollars ($35.00) per week; 

(b) The provi ion of this Article hall not apply to employees 

engaged in emergency maintenance or emergency repair work involving breakdowns or the protection of life .or property, provided, however, that at least one and one-half (11-/2 ) times their normal rate of 

pay is paid for all time worked in excess of the maxima herein 

provided by this Article. 

SECTION 4. E n1ploy1'1Wnt by S everal E1nployers.-N o employer 

shall knowingly permit any employee to work for any time which 

when totaled with that already performed with another employer in 

this or any other Industry exceeds the maxin1a permitted herein. 

ARTICLE IV-WAGES 

SECTION 1. MinimU?n Wage.-No employee shall be paid less than 

at the rate of thirty-five cents ($0.35) per hour in the southern section 

of the Industry or less than at the rate of forty cents ($0.40) per hour 

in the northern section of the Industry, except as herein ·otherwise 

provided. 

SECTION 2. MinimU?n Wage for Olerioal and Office Employees.-

N o person employed in clerical or office work shall be paid less than 

at the rate of $15.00 per week. 

SEcTION 3. Female Employees.-Female employees performing 

Eubstantially the same work as male employees shall receive the 

same rate of pay as male employees. 

SEcTION 4. Piecework Oompensatioru-Minimum Wages.-This 

Code establishes minimum rates of pay which shall apply irrespective of whether an employee is actually compensated on a time rate, 

piecework or other basis. 

SECTION 5. Evasion through Reemployment.-No employee now 

employed at a rate in exce s of the minimum shall be discharged 

and re-employed or replaced by another employee at a lower rate 

for the purpose of defeating or evading the provisions of this Code. 

SECTION 6. Wages above the Minim,um.-For those employees receiving compen ation in excess of the minimum wage rates, equitable 

adjustment shall be made in tho e cases where such equitable adjustments have not be~m made since July 1, 1933. Within thirty 

(30) days after the effective date of this Code each member of the 

Industry shal.l submit to the Code Authority a detailed report showing the number of employees, hours of work, and hourly rates of 

wages and weekly compen ation for each labor classification for a 

representative pay period prior to July 1, 1933, and for the representative pay period ending next before the date of the report. Such 

r eports shall be promptly forwarded by the Code Authority to the 

Administrator. 

SECTION 7. Handicapped Persons.-A person whose earning capacity i limited because of age or physical or mental handicap or 

other infirmitie may be employed on light work at a wage below 

the minimum established by this Code, if the employer obtains from 

the State Authority, de ignated by the United States Department 

of Labor, a certificate authorizing his employment at such wages 
49 

and for such hours as shall be stated in the certificate. The State 

Authority shall be guided by the instructions o'f the United States 

Department of Labor in issuing certificates to such persons. Each 

member of the Industry shall file monthly with the Code Authority 

a list of all such persons employed by it, showing the wages paid to, 

and the maximum hours of work for such employee. 

ARTICLE V-GENER.AL LABOR PROVISIONS 

SECTION 1. Ohild Labor Provisions.-No person under sixteen (16) 

years of age shall be employed in the Industry. No person under 

eighteen (18) years of age shall be employed in operations or occupations which are hazardous in nature or dangerous to health. The 

Code Authority shall submit to the Administrator within thirty (30) 

days after the effective date of this Code a list of such operations 

or occupations. In any State an employer shall be deemed to have 

complied with this provision as to age if he shall have on file a 

certificate or permit duly signed by the authority in such State empowered to issue employment or age certificates or permits showing 

that the employee is of the required age. 

SEcTION 2. Provi ions from the A ct.-As provided by Section 7 (a) 

of the Act: 

(a) Employees shall have the right to organize and bargain col- lecti-vely through representatives of their own choosing, and shall be 

free from the interference, restraint, or coercion of employers of 

labor, or their agents, in the designation of such representatives 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, organizing, or as isting a labor organization of his 

own choosing, and 

(c) Employers shall comply with the maximum hours of labor, 

minimum rate of pay, and other conditions of employment, ap- proved or prescribed by the President. 

SECTION 3. Reclassification of Em,ployees.-No employer shall reclassify employees or duties or occupations performed or engage in 

any subterfuge for the purpose of defeating or evading the provi ions 

of the Act or of this Code. 

SECTION 4. Sta;ndards for Safety and H ealth.-Every employer 

shall make rea onable provision for the safety and health qf his 

employees at the place and during the hours of their employment. 

Standards for safety and health shall be submitted by the Code 

Authority to the Admini trator within three (3) months after the 

effective date of this Code. 

SEcTION 5. Federal or State La'w .-No provi ions in this Code 

shall supersede any Federal or State Law which imposes on em- ployers more stringent requirements as to age of employees, wages, 

hours of work, or as to afety, health, sanitary, or general working 

conditions, or insurance, or fire protection than are imposed by this 

Code. 

SECTION 6. Payment of W ages.-All wage shall be paid weekly, 

semi-monthly or monthly in lawful currency or by negotiable check 

therefor, payable on demand. These wages shall be exempt from 
50 

any deductions other than those expressly authorized by the employee or required by law. Employers or their agent shall not accept, directly or indirectly, rebates on such wages, or give anything 

of value nor extend any favors to any person for the purpose of influencing rates of wages or working conditions of their employees. 

SECTION 7. Dis1nis ·als.-N o employee shall be discharged, demoted 

or otherwise eli criminated again t by rea on of making a complaint 

or giving evidence with respect to an alleged violation of this Code. 

SECTION 8. Posting.-Each member of the Industry shall post and 

keep posted copies of this Code and all amendments thereto which 

may hereafter be made, in conspicuous places accessible to all employees. Each member of the Industry shall comply with all rules 

and regulations relatin~ to the posting of provisions of Code of 

Fair Competition which may from time to time be is ued by the 

Administrator. 

ARTICLE VI-ORGANIZATION PowERs AND DuTIE OF THE ConE 

AuTHORITY AND DIVISIONAL CoMMITTEEs-ConE An~HNI TRATION 

SECTION 1. Oode Authority.-A Code Authority for the Flat Glass 

:Manufacturing Indu try i hereby constituted to cooperate with the 

Administrator in the administration of this Code. 

SECTION 2. Divisions of the lndustry.-For the purpose of the 

admini tration of this Code, the Flat Glass 1fanufacturing Industry shall be divided into four divisions, as follows: 

Safety Glass Divi ion-This Division shall include the manufacture of afety or laminated gla s. 

Plate Glas Divi ion-Thi Division shall include the manufacture 

of plate glass. 

Rough, Rolled and Wire Glass Division-This Division hall include the manufacture of rough, rolled and wire glass, including 

figured glas , colored and opalescent glass, and ornamental plate 

glass. 

Structural Glass Division-This Division shall include the manufacture of glass colored prior to solidification, either fire polished or 

ground and polished, and not le than 3/ 16" in thickness. 

SECTION 3. Divisional Oon~7nittees.-Within twenty (20) days 

after the effective date of this Code there shall be constituted a 

Divisional Committee for each Division of this Industry. Each 

Divi ional Committee shall consist of one (1) representative appointed by and selected from each member of the Industry within 

such Division. 

SECTION 4. Oode Authority.-\Vithin thirty (30) day after the 

effective date of thi Code there hall be con tituted a Code Au- thorit}. The Code Authority hall con i t of two (2) repre entative from each Division of the Indu try (who may or may not be 

member of the Divi ional Committee) and ele te 1 by a vote of the 

Divi ional Committee in each Divi ion in accordance with the 

methods of voting hereinafter set forth in Section 7 of thi Article. 

No member of the In lu try (including sub idiaries of affiliate ) 

shnll have more than one (1) representatiYe on the Code Authority. 

SECTION 5. (a) The Planning C01runittee i hereby designated as 

an agency to organize the eY-eral Divi ional Committee and to conduct the first election of the members of the Code Authority. 
51 

(b) Within ten (10) days after the effective date of this Code, the 

Planning Comn1ittee shall forward by registered mail to all known 

and a certainable members of the Inr1ustry and to the Administrator 

all pertinent information relating to the appointment by each member of the Indu try of its repre entative on the Divi ·ional Committee 

and the sele -tion of the Industry members of the Code Authority. 

SECTION 6. lJf e111bers appointed by the Admiwistrator.-In addition to member hip as hereinbefore provided, there may be not more 

than three (3) members, without vote, to be appointed by the 

Administrator to serve for such terms as he may prescribe. The 

representatives who may be appointed by the Administrator, together 

with the Admini tr to~ shall be given due notice of and may sit at 

all meetings of the vode Authority and/or of any Divisional 

Committee. 

SEcTION 7. Decisions of the Divisional Co11Vlnittees.-All decisions 

of each Divisional Committee to be binding on its Division of the 

Industry (including its selection of members of the Code Authority) 

must receive the affirmative vote of a majority of the members of the 

Divisional Committee and also the affirmative vote of not less than 

two (2) members of the Divisional Committee appointed by members of the Industry representing in the aggregate not less than fiftyone per cent (51 % ) of the total net dollar value or feetage of shipments of the products of that Division of the Industry during the 

two (2) calendar years preceding the year in which any such vote is 

taken. A majority of the Divisional Committee in each Division 

shall have the power to determine whether the net dollar value or 

feeta.ge basis is adopted in its division. 

SEcTION 8. Decisions of the Code Authority.-No action, determination, or other rule or regulation of the Code Authority shall be 

binding on the members of the Industry unless and until it shall have 

received an affirmative vote of a majority in number of the members 

of the Code Authority. Each member of the Code Authority shall 

have equal voting power. If at any time the Code Authority cannot 

reach a decision, the matter at issue shall be referred within five 

( 5) day to the Administrator for consideration and determination 

and his decision shall be final and binding on all m.embers of the 

Industry. 

SECTION 9. R eference to Code Authority and Administrator.-If 

at any time any Divisional Committee cannot reach a decision as 

hereinbefore provided, the matter at issue shall be referred within 

five ( 5) days to the Code Authority for consideration and determination and its decision hall be final and binding, subject only to 

the right of the Administrator with respect to decisions of the Code 

Authority as set forth in Section 19 of this Article VI or contained 

in the Act. Should any Divisional Committee be unable to reach a 

decision with respect to the selection of the members of the Code 

Authority, that particular que tion hall be referred to the Administrator for consideration and decision and his decision shall be final 

and binding on all members of the Industry. 

SECTION 10. T erm-s of Office.-Each Industry member of the Code 

Authority shall be elected for a term not to exceed one ( 1) year. 

Elections to the Code Authority, subsequent to the first, shall be held 

at the annual meetings of the Divisional Committees. In the event 
52 

of any Yacancy in the member hip of the Code Authority, a special 

meeting of the member of the appropriate Divisional C01nmittee 

shall be called and an election held to fill the incomplete term of such 

member hip within thirty (30) day aft€r uch vacancy hall have 

occurred. 

SE TION 11. Participating Trade Assomations.-Each tra le or industrial a ociation, directed or indirectly participating in the selec- tion or activities of the Code Authority or of any Divisional Committee, shall (1) impo e no inequitable re trictions on membership, 

and (2) submit to the Administrator true copies of its articles of 

as ociation, by-laws, regulations, and any amendment when made 

thereto, together with uch other information as to member hip, 

organization, and activities a the Admini trator may deem neces- sary to effectuate the purpo es of the Act. 

SEcTION 12. R epresentative Character of Code Authority.-In 

order that the Code Authority hall at all times be truly repre entative of the Industry and in other respects comply with the provisions 

of the Act, the Admini trator may pre cribe uch hearings as he may 

deem proper; and thereafter, if he hall find that the Code Authority 

i not truly repre entative or does not in other respects comply with 

the provi ions of the Act, he n1.ay require an appropriate modification of the Code Authority. 

SEcTION 13. Non~ Liability of iJI entbers of the Code A uthmity or 

of any Divisional Committee for Of!imal Acts.- Nothing contained 

in thi Code shall constitute the members of the Code Authority 

partners for any purpo e or the members of any Divisional Committee partners for any purpose. Nor hall any member of the Code 

Authority or of any Divi ional Committee be liable in any manner 

to anyone for any act of any other member, officer, agent or employee 

of the Code Authority or of any Divi ional Committ€e. Nor shall 

any member of the Code Authority or of any Divisional Committee 

exerci ing reasonable diligence in the conduct of his duties herein, 

.be liable to anyone for any action or omission to act under the Code 

except for his own wilful malfeasance or nonfeasance. 

SEc TION 14. Powers and Duties of the Code Authority.- Subject 

to uch rules and regulations as may be i sued by the Administrator 

th Code Authority hall have the following powers and duties (in 

addition to those provided el ewhere in thi Code) : 

(a) To execute the provision of thi Code and pro vi le for the 

compliance of the Indu try with the provi ions of the Act. 

(b) To adopt by-law and rule and regulations for its procedure 

subject to the approval of the Admini trator. 

(c) To be the general coordinating body of the Indu try, advising 

with each Divisional Committee with re pect to the activities of such 

Divi ional Committee to the end that the policie and activities of 

such Divisional Committee may be unified and coordinated between 

the Di vi ions. 

(d) To coop rate with the Admini trator in making inve tigations 

as to the functioning and ob ervance of any of the provi ion of this 

Code at its own in tance, or up n reque t of the Admini trator, or 

on complaint of any per on affected, and report the ame to the 

Administrator. 
53 

(e) To cooperate with the Administrator in regulating the use of 

any N. R. A. insignia according to such rules and regulations as the 

National Recovery Administration may prescribe. 

(f) To use such trade associations and other agencies as _it deems 

proper to carry out any of the activities provided for herein, pro- vided, however, that nothing herein shall relieve the Code Authority 

of its duties or responsibilities under this Code, and that such trade 

associations and ao·encies shall at all times be subject to and comply 

with the provisions hereof. 

(g) To investigate and inform the Administrator on behalf of 

the Industry as to importation of competitive. articles into the 

United States in substantial quantities or increa ing ratio to dome. ·tic 

production on such terms or under such conditions as to render 

ineffective or seriously endanger the maintenance of this Code, and 

to make complaint to the President on behalf of the Industry under 

the provisions of the Act with respect thereto. 

{h) To make recommendations to the Administrator for the 

amendment or modification of this Code on the basis of experience 

and changes in circumstances including (but without limitation) 

recommendations to : 

( aa) further effectuate the policy of the National J:ndustrial Recovery Act and the operation of this Code in respect thereto, and 

(bb) to prevent the elimination or oppression of and discrimination against small enterprises, and 

( cc) stabilize employment, and 

( dd) prevent unsound, unfair or destructive practices, and 

( ee) rehabilitate the Industry and promote industrial planning. 

which recommendations, upon approval by the Administrator after 

such notice and hearing as he may prescribe shall become part of 

this Code and have full force and effect as provi ions hereof. 

(i) To obtain from members of the Industry such information 

and reports as are required for the administration of this Code. In 

addition to information required to be submitted to the Code Authority, members of the Industry shall furnish such stati tical information as the Admini trator may deem necessary for the purposes 

recited in Section 3 (a) of the Act to such Federal and St ate agencies 

as the Administrator may designate. No provision of this Code shall 

relieve any member of the Industry of any existing obligation to 

furnish report to Government agencies. No individual reports sub- mitted to the Code Authority shall be disclosed to ~ny other member 

of the Industry, but may be revealed to such 1miAtrtial agencies as 

may be necessary to facilitate the administration of this Code. 

(j) It being found necessary, in order to support the administration of this Code and to maintain the standards of fair competition 

established by this Code and to effectuate the policy of the Act, the 

Code Authority is authorized: 

( aa) To incur such reasonable obligations as are necessary and 

proper :for the foregoing purposes and ~o meet such. obligations ?ut 

of funds which may be raised as hereinafter prov1d·ed and whiCh 

shall be held in trust for the purposes of the Code; 

(bb) To submit to the Administrator for his approval, subject to 

such notice and opportunity to be heard as he may deem necessary, 
54 

(1) an itemized budO'et of its estimated expenses including estimated 

expenses of the Divisional Committees for the foregoing purposes, and (2) an equitable ba is upon which the funds necessary to sup- port uch budget hall be contributed by members of the I ndu try ; 

( ee ) After such budget and basis of contribution have been approved by the Admini tl·ator, to determine and secure equitable contribution as above set forth by all men'lbers of the Industry, and to 

that end, if necessary, to institute lpgal proceedings therefor in its 

own name. 

(del) Each member of the Industry shall pay his or its equitable 

contribution to the expenses of the maintenance of the Code Authority, determined as hereinabove provided, and subject to rules and 

regulations pertaining thereto issued by the Administrator. Only 

members of the Industry complying with the Code and contributing 

to the expen es of its administration as hereinabove provided (unless 

duly exempted from making such contribution), shall be entitled to 

participate in the selection of members of the Code Authority or to 

receive the benefits of any of its voluntary activities or to make use 

of any emblem or insignia of the National Recovery Administration. ( ee) The Code Authority shall neither incur nor pay any obligation sub tantially in excess of the amount thereof as estimated in 

its approved budget, and shall in no event exceed the total amount 

contained in the approved budget, except upon approval of the 

Administrator; and no subsequent budget shall contain any deficiency 

item for expenditure,.. in excess of prior budget estimates except those 

which the Administrator shall have so approved. (k) To appoint a trade practice committee which shall meet with 

the trade practice committees appointed under such other codes as 

may be related to this industry for the purpose of formulating fair 

trade practices to govern the relationships between production and 

distribution employers under this Code and under such others to the 

end that such fair trade practices may be proposed to the Adminis- trator as amendments to this Code and such other codes. 

(1) To provide appropriate facilities for arbitration, and subject 

to the approval of the Administrator, to prescribe rules of procedure 

and rules to effect compliance with awards and determinations. 

SECTION 15. Pow·ers and Duties of the Divisionn ..l Oo1nrnittees.- ( a) Each Divisional C01mnittee shall administer this Code in its 

re pective division in accordance with such powers and duties as 

may be delegated to it by the Code Authority and subject to the 

right of the Code Authority to su pBnd, investigate, approve, dis- approve, or modify the decisions of any Divisional Committee and 

subj t to the right of appeal hereinafter in this Article provided 

for from any such decision. 

(b) To make a study of all matters affecting the Industry and 

the con luct of the business of the Industry within its particular 

Divi ion to the end that each Divisional Committee may submit to 

the Code Authority recorrunendations with respect to the adoption 

of trade practices, systen'lS of co t finding and/ or rules respecting 

filing of price schedules applicable to the Industry as a whole or to 

jts particular Divi ion of the Industry and rec01nmendations with 

respect to any other amendments or additions to this Code affecting 

a particular Division of the Industry or the Industry generally, 
55 

which recommendations upon approval by the Code Authority and 

approval by the Administrator, after such notice or hearing as he 

in his discretion may determine upon, shall constitute amendments 

to this Code. 

SECTION 16. Appeals.-(a) Any interested party shall have the 

right to appeal to the Code Authority and to obtain a prompt hearing and decision, under such rules of procedure as it may prescribe, 

in respect to any decision, rule, regulation, order or finding made, 

act or omission to act by th~ Divisional Committee of any Division, 

whether or not so provided in any other part of this Code. 

(b) Any interested party shall have the right to appeal to the 

Administrator, under such rules and regulations as he may prescribe, in respect to any decision, rule, regulation, order, or finding 

made, act or omission to act by the Code Authority, whether or not 

so provided in any other part of this Code. 

SECTION 17. Confidential lnformation.-All confidential information of any nature which may be requested by the Code Authority 

shall be collected through a confidential and disinterested agent or 

agents selected by said Code Authority and such information shall 

be kept confidential by such agent or agents except when required 

by the Code Authority for the proper administration of the Code 

and with the further exception that all such information shall be 

freely available to the Administrator at all times. 

SECTION 18. Oompliatnoe with the Oode.-The Code Authority shall 

designate an impartial agent or agents, not members of the Industry, 

to investigate complaints of violations of the Code. Each member of 

the Industry shall keep accurate and complete records of its transactions in the Industry whenever such records may be required under 

any of the provisions of this Code, and shall furni h accurate reports based upon such records concerning any of such activities when 

required by the Code Authority or the Administrator. If the Code 

Authority or the Administrator shall determine that substantial 

doubt exists as to the accuracy of any such report, so much of the 

pertinent books, records and papers of such member as may be required for the verification of such report may be examined by an 

impartial agency, agreed upon between the Code Authority and any 

such member, or, in the absence of agreement, appointed by the 

Administrator. In no case shall the facts disclosed by such examina- tion be made available in identifiable form to any competitor, 

whether on the Code Authority or otherwise, or be given any other 

publication, except such as may be required for the proper Administration or enforcement of the provisions of this Code. 

SECTION 19. To the extent permitted by the Act, if the Administrator shall determine that any action of the Code Authority or any 

agency thereof is 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 the Code Authority or agency pending 

final action, whjch shall not be effective unless the Administrator 

approves or unless he shall fail to disapprove after thirty (30) days 

notice to him of intention to proceed with such action in its original 

or modified form. 
56 

AnTICLE VII-TRADE PrtACTICE R LES 

ene1~al Definition.-For all purpose of this Code the acts described in this Article shull constitute unfair trade practices. Any 

member of the Industry which shall directly or indirectly through 

any officer, employee, agent, or repr ~.on tati ve, knowingly use, employ, or permit to be employed, any of such unfair practices shall 

be guilty of a violation of the Code. 

RULE 1. llfisrepres ntation and lYJisbranding.-No member of the 

Industry shall publish adYertising (whether printed, radio, di play 

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 u e, trade mark, 

grade, quality, quantity, ize, sub tance, character, nature, finish, or 

strength) or credit term , values, policie , services, or the nature or 

form of the business conducted. RULE 2. R bates.-N o member of the Industry shall secretly offer 

or make any payment or allowance of a rebate, refund, commis ion 

credit, unearned discount, or exce s 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 3. Contin-gent Sales.-No member of the In lustry shall sell 

or offer to sell or enter into any agreement to furni h the products 

of this Indu try contingent upon the ale or purchase of any other 

product, the performance of any other ervice or any other canting ncy not appearing in the contract of sale, or require that the purchase or lea e of any I roduct be a requisite or a prerequisite to the 

purchase or lease of any other product. 

RuLE 4. Oom;mercial Bribery.-No member of the Industry shall 

give, permit to be given, or directly offer to give anything of value 

for the purpose of influencing or rewarding the action of any employee, agent, or repre entative of another in relation to the busine s 

of the emplo) r of such employee, the principal of such agent, or the 

represented party, without the knowledge of such employer, principal, or party. This provision shall not be construed to prohibit 

free and general distribution of articles commonly u eel for advertising except so far a such articles are actually used for commercial 

bribery as hereinabove d fined. 

RULE 5. Defamatio-n of Oom.petito1·s.- No mem.ber of the Industry 

shall defame competitors by fal ely imputing to them eli honorable 

conduct, inability to perform contract , questionable credit standing, or by other fal e repre entations or by the fal e cljsparagement of 

the oTade or quality of their product. 

RULE 6. Inducing Br ach of Oontract.-No member of the Industry shall knowino1y attempt to indue or permit it agents to induce 

or attempt to induce the breach of an exis ing contract between a 

competitor and his cu tamers or source of supply; nor shall any such 

member interfere with or ob truct the performance of such contractual dutie or ervice. 

RULE 7. Post-Dating.-N o member of the In lustry shall post-date 

or pre-date any contract, invoic quotation, or receipt, withhold 

from or insert in any contract, invoice, quotation, or receipt any 
57 

statement which makes such contract, invoice, quotation, or receipt 

an inaccurate tatement either in whole or in part or accept or offer 

to accept any such contract. RuLE 8. Combination Sales of Industry and Non-Industry Prod- ucts.-N o member of the Indu try shall directly or indirectly com- bine quotation :for any product o:f this Industry with any quotation 

:for any other n1aterial, labor, or service, :for the purpo e and with 

the intent or effect o:f concealing the true selling price o:f the product 

o:f this Industry or with the intent or effect o:f injuring a competitor 

or violatina any o:f the provisions o:f this Code. RULE 9. Ooereion.- No member o:f the Indu try shall require that 

the purchase or lease o:f any service or product o:f this Indu try 

or any service or product o:f another Indu try be a requisite or prer equisite to the purchase or lease o:f any other service or product o:f 

this Industry or any other service or product. 

ARTICLE VIII- MoDIFICATIONS 

SECTION 1. This Code and all the provi ions thereof are expre ly 

made subject to the right o:f the President in accordance with the 

provisions o:f subsection (b) o:f Section 10 o:f the Act, :from time to 

time to cancel or modify any order, approval, license, rule or regulation issued under Title I o:f said Act and specifically, but without 

limitation, to the right o:f the Pre ident to cancel or modify his 

approval of this Code or any conditions imposed by him upon his 

approval thereof. 

SEcTioN 2. Thi Code, except as to provisions required by the Act, may be modified on the basis o:f experience or changes in circum- tance uch modification to be based upon application to the President and uch notice and hearing as he hall specify, and to become 

effective on approval o:f the President. 

ARTICLE IX-Mo.J. TOPOLIES 

No provj ion o:f thi Code ·hall be o applied a to permit monopolie or monopolistic practice , or to eliminate, oppress, or eli crimi- nate against mall enterprises. 

ARTICLE X-REGISTRATION OF l\1EJYIBERS OF THE I TDUSTRY 

Every member o:f the Indu try shall comply with the rule and 

regulation o:f the Administrator as to registration \\ith the Code 

Authority, or such other agency as the Administrator may direct 

and including, but without limitation, the number of shops, establi hments or. separate units thereof and their location, as well as each 

additional shop, establi hment, or separate unit opened after 

registration. 

ARTICLE XI- EFFECTIVE DATE 

This Code shall become effective on the second l\1onday after 

approval by the Pre ident. 

Approved Code No. 541. 

Registry No. 1021-1--()6. 

0 


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