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NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

MIRROR INDUSTRY 

AS SUBMITTED ON AUGUST 28, 1933 

REGISTRY No. 1029-02 

The Code for the Mirror Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1933 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 
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http://www.archive.org/details/codeoffaircompet0008unit 
PROPOSED CODE OF FAIR COMPETITION FOR THE 

MffiROR MANUFACTURING INDUSTRY 

AS APPROVED BY THE MEETING OF THE MIRROR MANUFACTURERS 

ASSOCIATION AT WHITE SULPHUR SPRINGS, WEST VIRGINIA 

ARTICLE I-PURPOSE 

The purpose of this Code is1. To assist in carrying into effect the declared policy of Congress 

embodied in Section 1 of Title I of the National Industrial Recovery 

Act. 

2. To assist in increasing the purchasing power of the people of 

the United States through increase in employment and the payment 

of adequate wages to those employed. 

3. To assist in the rehabilitation of industry-

( a) By the elimination of unfair competitive practices within the 

Mirror Manufacturing Industry. 

(b) By the elimination of sale of goods below cost. 

ARTICLE II-PARTICIPATION 

Participation in this Code and any subsequent revision of or addition to the Code shall be extended to any person actively engaged in 

the manufacture of mirrors. 

ARTICLE III 

A. LABOR 

1. Employees in the Mirror Manufacturing Industry shall have 

the right to organize and bargain collectively through representatives 

of their own choosing, and shall be free from the interference, restrain, or coercion of employers of labor, or their agents, in the 

designation of such representatives or in self-organization or in 

other concerted activities for the purpose of collective bargaining 

or other mutual aid or protection. 

(a) It is clearly understood that the foregoing paragraph does 

not impair in any particular the constitutional rights of the employee 

and employer to bargain individually or collectively as may be 

mutually satisfactory to them; nor does it impair the joint right of 

employer and employee to operate an open shop. 

(b) Nothing in this code is to prevent the selection, retention, and 

advancement of employees on the basis of their individual merit, 

without regard to their affiliation or nonaffiliation with any labor 

organization. 

2. No employee and no one seeking employment shall be required 

as a condition of employment to join any company union or to re8217--33 (1) 
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frain from joining, organizing, or assisting a labor organization of 

his own choosing. 

3. Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment approved or prescribed by the President. 

4. Maximum hours of work for employees in the Mirror Manufacturing Industry shall be 40 hours per week average per annum. 

5. The minimum wage paid to employees in the Mirror Manufacturing Industry shall be 30¢ per hour. 

B. PRICES 

1. All units of the Mirror Manufacturing Industry shall be required to use an adequate cost-accounting system in determinin? cost. 

Cost shall include cost of material based on manufacturers published schedules for materials and glass in cut sizes, handling, hauling, processing, freight, selling, management, rent, overhead, insurance, and imputed interest on investment at 6%. 

2. Sales below cos£ shall constitute a violation of this Code. 

C. STATISTICS 

1. In order to provide data necessary for the administration of this 

Code under the National Industrial Recovery Act, the Mirror Manufacturing Industry will undertake to supply such data as is required 

by the Administrator. 

D. UNFAIR TRADE PRACTICES 

1. Rules appended in Exhibit A. 

ARTICLE IV-ENFORCEMENT 

1. This Code shall be policed by the Mirror ~1anufacturers Association. 

2. Violations shall be reported to the Secretary. 

3. The Secretary shall make an investigation of the complaint, 

either directly or through a committee appointed by the Secretary 

for that purpose in the vicinity of the complaint. 

4. The Secretary, or the committee referred to in paragraph 3 

above, shall endeavor to adjust the complaint and secure a discontinuance of the violation complained of. 

5. If the complaint is not satisfactorily adjusted and . the practice 

complained of is not discontinued, the Secretary, with the approval 

of the committee named in Article V, shall report any violation of 

this Code, with evidence, either to the President or to the United 

States District Attorney. 

ARTICLE V-SUPERVISION 

1. To effectuate the purposes of this Code a Committee of Five 

shall be named by the Executive Committee of the Mirror Manufacturers Association. 

2. This committee is authorized-
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(a) To present this Code to the President, or 

(b) To cooperate with other branches of the Flat Glass Industry 

in formulating and presenting to the President a Code. 

(c) To have general supervision of carrying out the provisions of 

this Code, subject to the authority of the Executive Committee of 

the Mirror Manufacturers Association. 

(d) After approval by the Association, to present to the President 

recommendations based on conditions in the industry as they may develop from time to time, which will tend to effectuate the operation 

of the provisions of this Code and the policies of the National Industrial Recovery Act. Such recommendations, when approved by 

the President, shall have the same force and effect as any other provisions of this Code. 

(e) To cooperate with the President in making investigations as 

to the functioning and observance of any provisions of this Code on 

complaint by any person affected or as provided in Article IV. 

ARTICLE VI -GENERAL 

1. No provision in this Code shall be interpreted or applied in such 

a manner as to--

(a) Promote monopolies, 

(b) Permit or encourage unfair competition, 

(c) Eliminate or oppress small enterprises, or 

(d) Discriminate against small enterprises. 

2. The President may from time to time cancel or modify any 

order, approval, license, rule, or regulation issued in connection with 

this Code. 

3. Any information filed, or otherwise collected under this Code2 

may ~e made available tq the President or, in case of charges ot 

violation of this Code, to the Supervising Committee of Five provided for under Article V. Otherwise, all information contained 

in reports made under Article III, Subarticle C, Section 1, shall be 

held as strictly confidential by the Secretary of the Mirror Manufacturers' Association. 

4. The term " President " as used in this Code is defined to mean 

anyone to whom the authority of the President is delegated under 

Section 2, subsections (a) and (b) of the National Industrial Recovery Act. 

5. The term " Mirror Manufacturing Industry " as used in this 

Code is defined to mean the manufacture of plate glass or shock 

mirrors for furniture, framing, jobbing, automobiles, or other special 

purposes, by whatever process made, and all persons engaged in such 

manufacture. . 6. The term " Secretary " as used in this Code is defined to mean 

the Secretary of the Mirror Manufacturers' Association. 

7. The term " person " as used in this Code is defined to mean any 

natural person, partnership, corporation, or association. 

8. This Code shall become effective ten days after its approval by 

the President. 

9. This Code may be amended as provided in Article V, Section 

2, subsection (d), or at any regular meeting of the Mirror Manufacturers' Association, or at any special meeting of the Association called 

for that purpose. 
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ExHIBIT A 

1. Every price list sent to customers shall contain the terms of 

sale and state clearly all other conditions affecting prices, including 

the charges to be made for packing, freight, and trucking, and 

the f.o.b. point at which prices quoted will apply. 

2. Terms of sale for all mirrors and work on mirrors shall be 

1% for payment in 10 days from date of invoice, or 30 days net 

after sale; except that in case of customers buying continuously 

throughout the month, terms may be 1% for payment on or before 

the lOth of the month following shipment, and positively net 

thereafter. 

3. Mirrors, beveling, plate glass, and miscellaneous work on mirrors shall be quoted and sold at discounts from the following Official 

List Prices published by the Mirror Manufacturers Association and 

the National Glass Distributors Association: 

Mirrors-January 15, 1931. 

Beveling-January 1, 1925. 

Plate Glass-June 15, 1931. 

Miscellaneous Work on Glass-December 1, 1931. 

except that, in case new lists are adopted by the Mirror Manufacturers Association, the Supervising Committee created under Article 

V may substitute such new lists for the lists enumerated above; 

and except that the Supervising Committee may authorize the use 

of different lists in specific territories. 

4. Boxing shall be charged on all mirrors, when boxed, where the 

invoice amounts to less than $50.00 net per shipment, at the rate of 

12¢ per square foot outside lid measurement of the case. The 

minimum charge for any box shall be 50¢. 

5. Express or freight charges shall not be allowed· on the return 

of any mirror where the cause of the return is due to some fault 

other than defect of manufacture, as for example, scratching in 

transit, chipping in framing, etc. 

6. The sale of mirrors shall be based on Commercial Standard 

CS 27-30, issued by the Department of Commerce, December 15, 

1930, and mirrors shall be graded only in accordance with that 

standard. 

7. It shall be an unfair trade practice to furnish a grade of mirror 

other than that sold. 

8. Mirrors shall not be resilvered without proper and adequate 

charge after the expiration of the time for which the mirror has 

been guaranteed by the manufacturer thereof. 

Silvering on mirrors shall not be guaranteed for more than one 

year, except where the mirrors are electro-copper plated and for 

which an extra charge of not less than 5% on the total cost of the 

mirror is made. 

9. There shall be no sale of other products without profit in combination with mirrors to induce the sale of mirrors. 

10. Mirrors shall not be shipped on consignment by mirror 

manufacturers. 

11. Inducing Breach of Oontract.-The willful interference by any 

person, firm, corporation or association, by any means or device 

whatsoever, with any existing. contract or order between a seller and 

a purchaser, in or about the production, manufacture, transporta-
tion, purchase or sale of any product handled by the industry, or the 

performance of any contractual duty or service connected therewith, 

such interference being for the purpose or with the effect of dissipating, destroying or appropriating, in whole or in part, the 

patronage, property or business of another engaged in such industry, 

is an unfair trade practice. 

12. Misbranding.-The marking or branding of product of the 

industry for the purpose or with the effect of misleading or deceiving purchasers with respect to the quantity, quality, grade or substance of the goods purchased, is an unfair trade practice. 

13. Fraud and M isrepresentation.-The sale or offering for sale 

of any product of the industry with intent to deceive customers or 

prospective customers as to the quantity, quality, substance or size of 

such product, is an unfair trade practice. 

14. Unbranded Products.-The sale or shipment of mirrors not 

branded or marked to indicate their true character, in accordance 

with accepted standards of the industry, is an unfair trade practice. 

15. Secret Rebates.-The payment or allowance of secret rebates, 

refunds, credits, or unearned discounts, whether in the form of money 

or otherwise, or the giving of premiums, or extending to certain purchasers special service or privileges not extended to all purchasers 

under like terms and conditions, is an unfair trade practice. 

16. Price Discrimination.-Any discrimination in price between 

purchasers of the same class, not including discrimination in price 

on account of the difference in grade, quality or quantity of the 

product sold, or which makes only due allowance for difference in 

cost of selling and transportation, or discrimination in price in the 

same or different communities not made in good faith to meet 

competition is an unfair trade practice: Provided, however, That 

nothing in this resolution shall be construed to prevent the publication and use of a special quantity price applicable to a definite 

quantity of goods which are placed in one order and, at the option of 

the shipper, are moved as one shipment. 

17. Price Discri1nination.-As the failure of the industry to adopt 

uniform practices with respect to requiring purchasers to pay transportation and trucking charges has inevitably resulted in unfair 

price discrimination, the allowance of transportation or trucking 

charges on products (a) sold f.o.b. seller's warehouse or city, or (b) 

sold on a delivered basis, transportation charges to be paid by the 

consignee, in excess of the actual or published amount of such charges, 

is an unfair trade practice: Provided, however, That nothing herein 

shall be construed to prevent the payment by the seller at his option 

of trucking charges within city limits. 18. Price Discrimination.-As packing, freight, and trucking 

charges are necessarily reflected in price, and as the variable practice 

on the part of sellers of requiring purchasers in some instances to 

pay such charges and in other instances of assuming such charges 

causes unfair price discrimination, the failure of the seller to require 

the purchaser in each instance to pay published charges for packing, 

freight and trucking, is an unfair trade practice. 

19. Price Disorimination.-As freight or transportation charges 

are reflected in the price, free trucking beyond city limits is an unfair 

method of competition, unless published with the price and allowed 

to all customers buying similar quantities within the same territory. 
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20. Inducing ales of Other Products.-The indu try hereby condemns as an unfair trade practice, the selling of mirror below cost; 

or for the purpose directly or indirectly, or with the effect, of furthering the sale of some other product. 

21. Arbitration.-The industry hereby records its approval of the 

practice of handling disputes in a fair and reasonable manner, 

coupled with a spirit of moderation and goodwill, and every effort 

hould be made by the disputants themselves to arrive at an agreement. If unable to do so, arbitration under some one of the prevailing codes should be agreed upon, as it is at all times preferable to 

litigation with its costly handicaps and delays. 

22. Selling Without Specifications.-The acceptance by distributors and manufacturers of blanket contracts from dealers or distributors of their product without statement of specifications affords 

opportunity for the rejection of such contracts by the purchasers 

on decline of price, provides an artificial stimulus to the indu try 

through the existence of large numbers of unconfirmed contracts 

with resulting enhancement of prices to consumers, and constitutes 

an unfair trade practice: Provided, however, That nothing herein 

shall be construed to prevent the acceptance of contracts under the 

terms of which complete specifications will be furnished within 30 

days from date of acceptance of order, and for delivery within 60 

days, except in case of bona fide building contracts, then quantity 

and approximate sizes to be filed within ten days. 

23. Antidumping.-The practice of certain manufacturers and 

sellers of shipping quantities of merchandise into territories outside 

their particular territories, and of selling such merchandise below 

the general market prevailing in such other territories into which 

shipments are made, seriously tends to demoralize the market within 

the territories into which shipments are made, disrupts normal competitive conditions throughout the entire industry, and is condemned 

as an unfair trade practice. 

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