llllllllllmlllilil~l~lflflll~ 111111 ~~m lfl~lllllllll 3 1262 08486 7760 Registry No. 1022-1-03 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

GLASS CONTAINER 

INDUSTRY 

AS APPROVED ON OCTOBER 8, 1933 

BY 

PRESIDENT ROOSEVEL'f 

WE DO OUR PART 

1. Executive order 

2. Letter ot Transmittal 

8. Code 

0-: ·--· ''"' '----

U.3. DE 

UNITED STATES 

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WASHINGTON : U33 r 

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(II) 
EXECUTIVE ORDER 

CoDE OF FAIR CoMPETITION FOR THE GLAss CoNTAINER INDUSTRY 

An application having been duly made, pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for my approval of a Code 

of Fair Competition for the Glass Container Industry, and hearings 

having been held thereon and the Administrator having rendered 

his report containing an analysis of the said Code of Fair Competition, together with his recommendations and findings with respect 

the ret~ and the Administrator having found that the said Code of 

Fair c:ompetition complies in all respects with the pertinent provisions of Title I of said Act and that the requirements of clauses 

(1) and (2) of subsection (a) of Section 3 of the said Act have 

been met: 

NOW THEREFORE, I, Franklin D. Roosevelt, President of the 

United States, pursua-nt to the authority vested in me by Title I of 

the National Industrial Recovery Act, approved June 16, 1933, and 

otherwise, do adopt and approve the report, recommendations, and 

findings of the Administrator and do order that the said Code of 

Fair Competition be and is hereby approved. 

THE WHITE HousE, 

September 1933. 

Approval recommended: 

HuGHS. JoHNSoN, 

Administrator. 

14258°--.--133-166----33 

FRANKLIN D. ROOSEVELT. 

(lli) 
~6 PRESIDENT, 

The W h.ite H O'U8e, 

SEPTEMBER .25, 1933. 

W (])8hington, D.O. 

My DEAR MR. PRESIDENT: I have the honor to submit and recommend for your approval, the Code of Fair Competition for the Glass 

.Oontainer Indust~y. 

The following exhibits are included or attached: 

1. Final Code submitted. 

2. Notice of Hearing. 

3. Statement of Procedure. 

4. Transcript of Records. 

5. Statistical Analysis of the Division of Economic Research 

and Planning. 

6. Report of Deput;r. An analysis of the provisiOns of the Code has been made by the 

administrator. I find that the Code complies with the requirements 

of the National Industrial Recovery Act. 

' I am, my dear Mr. President, 

Very sincerely yours, 

(IV) 

HuGH S. JOHNSON, 

AdministratoT. 
CODE OF FAIR COMPETITION FOR THE GLASS CONTAINER 

INDUSTRY 

ARTICLE I-PURPOSE 

To effectuate the policy and purpose of the National Industrial 

Recovery Act the following provisions are established as a Code of 

Fair Competition for the Glass Container Industry. 

ARTICLE II-DEFINITIONS 

SEcTION 1. The term" the industry" means and includes the business of producing and selling glass bottles, glass jars, and glass 

accessories for glass bottles and glass jars. 

SEo. 2. The term "member of the industry" means any employer 

engaged in the industry as herein defined. 

SEo. 3. The term "the Association" means the Glass Container 

Association of America, a membership corporation including in its 

membership manufacturers of glass bottles and glass jars and manufacturers of allied articles. · 

SEc. 4. The term " the President " means the President of the 

United States of America. 

SEc. 5. The term " administrator " means the duly appointed representative of the President of the United States to administer the 

National Industrial Recovery Act. 

SEc. 6. The term" employer" means any enterprise engaged in the 

industry as herein defined. 

SEc. 7. The term "employee" means any person employed by a 

member of the industry as herein defined. 

SEc. 8. The term "plant" means a plant engaged in the industry 

as herein defined. 

SEc. 9. The term" majority vote" shall be defined upon the following bases: 

(a) A majority vote of the members of the Industry either present 

or by proxy ; and . (b) A vote of the members of the industry, either present or by 

proxy, having at least seventy-five percent (75%) of the total registered productive capacity of all members of the Industry. 

(c) At each meeting of the members of the Industry fifty-one percent (51%) of the members of the Industry shall constitute a quorum. 

ARTICLE III-LABOR PROVISIONS 

SECTION 1. (a) Employees shall have the right to organize and 

bargain collectively through representatives of their own choosing 

and shall be free from interference, restraint, or coercion of employ-

(1) 
2 

ers of labor or their agents, in the designation of such representatives 

or in self-organization or in other concerted activities for the purpose 

of collective bargaining or other mutual aid or protection. 

(b) No employee and no one seeking employment shall be required 

as a condition of employment to join any company union or to refrain 

from joining, organizing, or assisting a labor organization of his own 

choosing. · (c) Employers shall comply with maximum hours of labor, mini.-

mum rates of pay, and other conditions of employment approved or 

prescribed by the President. 

SEc. 2. No member of the Industry shall employ a minor under the 

age of sixteen ( 16) years, and no person under 18 years of age shall 

be employed or allowed to work on or in connection with any 

hazardous manufacturing processes. 

SEc. 3. (a) The maximum number of working hours for factory 

employees in the Industry shall not be in excess of forty ( 40) hours 

per week averaged over a six months' period, and not in excess of 

forty-eight ( 48) hours in any one week. For the purpose of this 

section the balance of the year 1933, from the effective date of this 

Code to December 31, 1933, inclusive, shall be considered the first 

period. Subsequent periods shall begin on January 1st and July 1st, 

to end on June 30 and December 31, respectively. 

(b) The maximum number of working hours for office or branch 

employees in the Industry shall not be in excess of an average of 

forty ( 40) hours per week over any one month period, and not in 

excess of forty-eight ( 48) hours in any one week. Provided, however, that the provisions of this section shall not apply to executives 

and .supervisors, outside salesmen, technical and laboratory staffs, 

watchmen, and those employed in emergency maintenance and 

emergency repair work. 

SEc. 4. '\iVhere skilled employees are not available, upon the approval of the Code Authority, the maximum hours for skilled employees may be in excess of the maximum hours herein specified for 

a period not to exceed three months after approval of this Code. 

SEc. 5. No employee shall be permitted to work for two or more 

employers for a longer period in any week than is specified herein 

for a single employer. 

SEc. 6. (a) On and after the effective date of this Code, the minimum wage shall be not less than forty (40¢) cents per hour, unless 

the hourly rate for the same class of work on July 15, 1929, was 

less than forty ( 40¢) cents per hour, in which case the minimum 

wane shall be not less than thirty (30¢) cents per hour. 

\b) The minimum wage herein specified shall be applicable 

whether employees are compensated on the basis of a time rate or a 

piecework rate. Female employees employed during the same hours 

of the day and upon the same work as that performed by male employees shall receive compensation equal to that of such male 

employees. 

(c) The provisions of this section shall not be applicable to apprentices and learners; provided, however, that the total number of 

such apprentices and learners shall not con titute more than fi, e 

( 5% ) percent of the total number of employee subject to the pro- visions of this Code in any one plant; and provided further, that the 
3 

wages paid to such apprentices and learners shall not be less than 

eighty (80%) percent of the minimum rates of pay specified in this 

Code; and, provided further) that the period of apprenticeship or 

learning shall not exceed three months. 

SEc. 7. The existing amounts by which wages in the higher-paid 

classes of employees, up to employees receiving thirty-five ($35) dollars per week, exceed wages in the lower-paid classes of employees, 

shall be maintained. Provided, however, that where the foregoing 

provision results in rates that are inequitable as between plants, for 

the same work, revision of wage rates for higher-paid classes shall 

be adjusted in a reasonable manner, subject to the supervision of the 

Code Authority. 

SEo. 8. Any employee other than executives and supervisors who 

receive more than thirty-five dollars ($35) per week and outside salesmen, shall be paid overtime at the rate of time and a half for all 

hours in excess of 40 hours per week averaged over a six month~' 

period. 

SEc. 9. Within each State members of the Industry shall comply 

with any laws of such State imposing more stringent requirements 

regulating the age of employees, wages, hours of work, or health, 

welfare, or general working conditions, than are imposed by this 

Code. 

SEo. 10. Employers shall not reclassify employees so as to defeat 

the purposes of the National Industrial Recovery Act. 

ARTICLE IV-ADMINISTRATION 

SECTION 1. To effectuate the policies of the National Industrial 

Recovery Administration and to provide for administration of this 

Code within the Industry, a Code Authority of five members shall be 

established by the Industry and upon request of the Administrator 

not more than three nonvoting representatives of the Administrator. 

All members of the Industry as herein .defined shall be entitled to 

participate in the selection of such members of the Code Authority. 

Such election shall be by a majority vote as defined in Section 10 of 

Article II. 

SEc. 2. In addition to the powers and duties herein specifically 

conferred upon the Code Authority it shall have the following 

powers and duties: 

(a) The Code Authority shall be charged with the supervision, 

administration, and enforcement of this Code and may to the extent 

permitted by the National Industrial Recovery Act and subject to 

review by the Administrator, issue such rules, regulations, and interpretations, and impose upon the persons subject to the jurisdiction of 

this Code such restrictions as may be necessary to effectuate the purposes of this Code. The Code Authority shall have the right to 

establish its own rules for the conduct of its business. 

(b) In order that the President may be informed of the extent of 

observance of the provisions of this Code and of the extent to which 

the declared policy of the National Industrial Act is being effectuated 

in the Industry as herein defined, the Code Authority shall make such 

reports as the Administrator may require, and each employer shall 

make such sworn or unsworn reports to the Code Authority periodi-
4 

cally, as it may direct, on wages, hours of labor, conditions of employment, number of employees, production shipments, sales stocks, 

price and other matters pertinent to the purposes of this Code as 

the Code Authority may require. In addition to information required to be submitted to the Code Authority, there shall be furnished to government agencies such statistical information as the 

Administrator may deem necessary for the purposes recited in Section 3 (a) of the National Industrial Recovery Act. Each employer 

subject to the jurisdiction of this Code and accepting the benefits of 

the activities of the Code Authority thereunder shall either become 

a member of the Association or pay to the Code Authority his proportionate share of the amounts necessary to defray the cost of the 

assembly, analysis, and publication of such reports and data, and of 

the maintenance of the aid Code Authority and its activities. Said 

proportionate share shall be based upon value of net sales. 

(c) Any and all information furnished to the Code Authority 

shall be deemed confidential and shall not be di,ulged to any member 

except in summary, but shall be available to the Administrator upon 

request. 

(d) The Code Authority may designate the Glass Container Association or any other appropriate agency, to as ist it in maintainjng 

its accounts, determining such proportionate hares and in securing 

the collection thereof. 

(e) The Code Authority may from time to time appoint such subcommittees or designate such agencies, and may delegate to any of 

them such of its powers and duties, as it shall deem necessary or 

proper in order to effectuate the provisions and purposes of this Code. 

(f) The Code Authority shall receive, and if it shall approve, shall 

present for the approval of the President, any proposals for supple- mentary provisions or amendments of this Code or additional Codes, 

applicable to the industry defined herein or to any part thereof, with 

respect to wages, hours, trade practices or related mattBrs or conditions in the Industry. 

SEc. 3. (a) Any interested party shall have the right of complaint 

to the Code Authority and of a prompt hearing and decision thereon 

in respect to any decision, rule, regulation, or other course of action 

of such Code Authority. Such complaint must be filed in writing 

with the Code Authonty within a reasonable period of time after 

said decision, rule, regulation, or course of action is issued or taken 

The decision of the Code Authority may be appealed by any inter .. ested party to the Administrator. 

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

Administrator, under such rules and regulations as he may prescribe, 

in respect to any decision, rule, regulation, or other course of action, 

issued or taken by the Code Authority. 

SEc. 4. Any decision, rule, regulatiOn, order, or finding made or 

course of action followed pursuant to this Code, may be cancelled or 

modified by the Administrator whenever he shall determine such 

action nece ary to effectuate the provisions of Title I of theN ational 

Indus trial Recovery Act. 
5 

ARTICLE V-CosT AccouNTING 

Each member of the Industry shall use an adequate cost accounting 

system. The Code Authority shall recommend for use in the Indu .... try a uniform and adequate cost accounting plan which hall be 

adaptable to the cost accounting procedure of the Industry, and 

which shall be approved by the Administrator. Such plan hall 

specify the factors which shall be included in determining the delivered costs of each member of the Indu try. Sales by any member 

of the Industry below such costs except to meet competition are 

hereby prohibited. 

ARTICLE VI-TRADE PROVISIONS 

SECTION. 1. The rules of fair trade practice for the Glass Con· 

tainer Industry, as set forth in Schedules 'A", ' B '', and " C ' attached hereto, are specifically made a part of this Code. 

SEc. 2. Any violation of the trade practice provisions set forth in 

Schedules 'A ', "B ", and "C ", hereof, or hereafter appro,ed by 

the President shall constitute a violation of this Code. 

SEc. 3. Where the costs to a member of the Industry of executing 

contract entered into p!ior to approval of this Code by the President, are increased by the application of the provisions of this Code, 

it is equitable and promotive of the purposes of .the National Industrial Recovery AQt that appropriate adjustments of such contracts 

to reflect such increased costs be determinE}d by arbitral proceedings 

or otherwise. The Code Authority shall assist in effecting such 

adjustments. 

ARTICLE VII-PRODUCTION AND CAPACITY 

The present capacity of the Industry is far in excess of present 

or prospective needs. Therefore, each member of the Industry shall 

register with the Association the melting area in square f eet of its 

pre ent tank or furnace equipment. Prior to the installation of new 

melting areas or the enlargement of present melting areas by any 

member of the Industry, or persons engaging in the production of 

bottles or jars, except for the replacement of similar tank or furnace 

melting areas, such members or persons shall report to the Code 

Authority, and the Code Authority shall make such recommendations to the Adm.inistrator as may seem necessary to effectuate the 

policy of the National Industrial Recovery Act. 

ARTICLE VIII-GENERAL 

SEcTION 1. No provisions of this Code shall be con trued, interpreted, or applied in such a manner as to-

( a) Promote monopolies or monopolistic practices; 

(b) Promote or encourage unfair competition; 

(c) Eliminate or oppress small enterprises; 

(d) Discriminate against small enterprises. 

SEo. 2. Any member of the Indu try shall be eligible to membership in the Association and there shall be no inequitable restrictions 

imposed upon su~h membershlp. 
6 

SEc. 3. The President may from time to time cancel or m.odify any 

order, approval, license, rules, or regulations is,sued under Title I of 

the National Indu trial Recovery Act, .and specifically, without limitation may cancel or modify his approval of this Code or .any conditions imposed by him upon his approval hereof. 

ARTICLE IX-VIOLATIONS 

Violation by any person of any provision of this Code or of any 

rule or regulation issued thereunder, or any false statement or report 

made to the President or the Code Authority, aftBr decision thereon 

by the Administrator pursuant to Article IV of this Code, shall constitute an unfair method of competition and the offender shall be 

subject to the penalties provided by theN ational Industrial Recovery 

Act. 

ARTICLE X-EFFECTIVE DATE 

This Code shall become effective ten (10) days after it is approved 

by the President. 
SCHEDULE "A" 

TRADE PRAOTICES 

SECTION 1. (a) It b~omes necessary to conduct the industry in an orderly 

way and to maintain competitive conditions in order that the provi'sions and 

1nte1;1t of the National Industrial Recovery Act may be effectua ted. Therefore, 

so long as the industry is operating below 70o/o of yearly registered capacity 

for such period as the Administrator may approve, the principle of sharing 

available business equitably among the members of the industry ·shall be recognized, not to restrict production -but to maintain a reasonable balance between 

production and consumption of glass containers and to assure adequate supplies 

thereof. 

(b) When the industry i's operating at 70o/o of average yearly registered 

capacity for such period as is approved by the Administrator, the principle of 

sharing available business shall be reconsidered by the industry and its recommendation transmitted to the Administrator for his approval. 

(c) If at any time a majority of the industry as defined in Section 10, Article 

II, shall vote against the principle of sharing available business equitably 

among the members of the industry, this Code shall be amended as the members 

of the industry may determine and as the Administrator may approve. 

(d) To make this principle effective, the Code Authority shall formulate a 

plan for equitable allocation of production to each member in the industry or 

who may hereafter enter the industry and shall submit such plan to the Administrator for his approval. Such plan shall give due consideration to productive 

capacity and past performance and shall recognize the grea ter difficulties to be 

met by the smaller producers in the industry in operating on a curtailed basis, 

and such other factors as the Administrator may dir t. After the Administrator has approved such plan, the Code Authority shall from time to time, but not 

less frequently than each six months, prepare an estimate of expected consumption of glass containers. Upon the basis of such estimate the Code Authority shall make equitable allocations to each member in the Industry in accordance with the plan so approved. Each member of the Industry shall be entitled 

to be registered by the Code Authority and shall be assigned an a llotment. The 

Code Authority shall take such steps as may be reasonably adapted to give 

notice to all persons operating that such allocation will be made. After such 

allotments have been assigned, no person shall produce glass containers in excess 

of his allotment. 

(e) The Code Authority shall issue interpretations and promulgate rules and 

regulations necessary for the enforcement of this Schedule "A", to prevent 

evasion, and to secure the equitable application thereof. 

(f) The Code Authority shall so administer the provisions of this Schedule 

"A" as to prevent loss of export business to the glass-container industry as the 

result of the operation of this Schedule "A." 

(g) Any member of the industry unable for any reason to a ccept his allotment under this Schedule "A" shall file his reasons therefor with the Code 

Authority, who shall immediately organize a Boa rd of Arbitration composed of 

one member appointed by the Code Authority, one member r epresenting the 

complainant member of the industry, and one member selected by the two 

members so appointed. If the two members so a ppointed a re unable to agree 

upon the selection of the third member, the Administra tor sh all appoint a disinterested third memher. The decision of this Arbitration Boa rd may be 

appealed as the Administrator, in a ccordance with law, may prescribe. 

(7) 
SCHEDULE " B" 

UNFAIB TRADE PRACTICES 

SECTION 1. Inducing or attempting to induce by any unfair means whatsoever 

any party to an existing contract with a member of the industry to violate such 

contract shall constitute an unfair trade practice. 

Sro. 2. The defamation of a competitor by words or acts, imputing to his 

dishonorable conduct, inability to perform c.ontracts, or questionable credit 

standing, or the false disparagement of the substance, grade, or quality of 

his goods, is an unfair trade practice. 

SEO. 3. Imitation of a competitor's trade mark, trade name, or exclusive and 

established design of product or package intended to identify the maker or 

vendor of the product shall constitute an unfair trade practice. 

SEc. 4. The sale or offer for sale of any product of the industry with intent 

to deceive customers or prospective customers as to quantity, quality, substance, 

or size of such product shall constitute an unfair trade practice. 

SEo. 5. The marking or branding of products of the Industry for the purpose or with the effect of misleading or deceiving purchasers or consumers with 

respect to the quantity, quality, grade or substance of the goods purchased, shall 

constitute an unfair trade practice. 

SEc. 6. The payment or allowance in connection with any sale of secret 

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

or otherwise, or extending to certain purchasers confidential prices, special 

services, or privileges not extended to all purchasers of the same class under 

like terms and conditions, shall constitute an unfair trade practice. 

Soo. 7. Commercial bribery or the making of promises to any purchaser or 

prospective purchaser of any product, or to an officer, employee, agent, or 

representative, of any such purchaser or prospective purchaser, of any bribe, 

gratuity, gift, or other payment or remuneration, directly or indirectly, without the consent of the representatives' employer or principal, shall constitute 

an unfair trade practice. 

(8) 
SCHEDULE 41 0" 

Six-DAY WEEK 

SECTION 1. (a) No plant shall operate more than six (6) days per week; provided, however, that any member of the Industry may operate a plant or plants 

seven (7) days per week to meet emergency needs for containers required for 

seasonal products, where the limitation to six (6) days would result in curtailment of employment or loss of perishable commodities. 

(b) Each instance of seven (7) days work per week shall be reported 

immediately to the Code Authority and the reason therefore shall be clearly 

specified. Any such operation, not required by the necessities as herein described but for the purpose of gaining a competitive advantage, shall constitute 

a violation of this Code. 

(9) 

0