Approved Code No. 215 Registry No. 1022-04 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

AMERICAN GLASSWARE 

INDUSTRY 

AS APPROVED ON JANUARY 16, 1934 

WE DO OUR PART 

f ·"-· : -__J-~ L::_: -- -- I' ---

l 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 
This publication is for sale by the Superintendent of Documents, Government 

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

Foreign and Domestic Commerce. 

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Approved Code No. 215 

CODE OF FAIR COMPETITION 

FOR THE 

AMERICAN GLASSWARE INDUSTRY 

As Approved on January 16, 1934 

ORDER 

APPROVING CODE OF FAIR COMPETITION 

FOR THE 

AMERICAN GLASSWARE INDUSTRY 

An application having been duly made pursuant to and in full 

compliancB with the provisions of Title I of the National Industrial 

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

Fair Competition for the American Glassware Industry, and hearings having been duly held thereon and the annexed report on said 

Code, containing findings with respect thereto, having been made and 

directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 

States, I, HughS. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order No. 6543-A, dated December 30, 1933, and otherwise; do hereby incorporate by reference 

said annexed report and do find that said Code complies in all 

respects with the pertinent provisions and will promote the policy 

and purposes of said Title of said Act; and do hereby order that 

said Code of Fair CDmpetition be and it is hereby approved. 

Approval recommended: 

HuGH S. JoHNsoN, 

Adwinistrator for Industrial R ecovery. 

GEORGE L. BERRY, 

Division Administrator. 

wASHINGTON, D.C., 

J anwary 16, 1934. 

(257) 

82789°----313-75--.--34 
THE PRESIDENT, 

The White House. 

SIR: A Public !-fearing on the Code of Fair Competition :for the 

American Glassware Industry, submitted by the American Glassware Association, located at 19 West 44th Street, New York, N.Y., 

was conducted in Washington on the 3rd of November 1933 in accordance with the provisions of the National Industrial Recovery 

Act. The Association claims to represent 80 percent of the Industry. 

This Industry is intimately related to the Glass Container Industry and a number of plants have their production divided between 

these two Codes. For that reason the hour and wage provisions of 

this Code have been made to conform with the hour and wage provisions of the Glass Container Code. 

The maximum hours permitwd under this Code are forty (40) 

hours per week, as averaged over a period of thirwen (13) weeks, 

provided, however, that in no case shall any employee be permitted 

to work in excess of forty-eight ( 48) hours during any one week. 

For clerical and office employees a maximum is permitted of forty 

(40) hours per week averaged over each four (4) weeks' period and 

not in excess of forty-eight ( 48) hours in any one week. 

The minimum wage is forty cents ( 40¢) per hour, unless the 

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

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

shall be not less than the wages paid in July 1929, and in no case less 

than thirty cents (30¢) per hour. 

The outlets for the products of this Industry are wholesalers, jobbers, retailers, and various manufacturers of other products who use 

glass in the fabrication of their commodities, including the manufacture of storage batteries, signal devices, artificial illuminating 

equipment, etc. The exports to foreign markets are small compared with the total volume of business. -

The demand for glass products is fairly uniform throughout the 

year, due to the wide uses to which glass has been put. Due to the 

fact that the American Glassware Industry is so interwoven with 

other industries throughout the country, an upturn in general business conditions should be reflected favorably in this Industry. 

On the basis of the 40-hour week, 3,104 wage earners should benefit 

through reemployment. This increase represents 15.08% which will 

bring the total number of employees up to 23,797. 

The value of corrunodities produced by the American Glassware 

Industry aggregated during 1929, $90,865,936. During 1931 product 

value declined 32.2 per cent under the 1929 total, or to $61,633,709. 

FINDINGS 

The Deputy Administrator in his final report to me on said Code 

having found as herein set forth and on the basis of all the proceedings in this matter; 

(258) 
259 

I find that--

(a) aid ode i well de ign d to promote th poli ie and purposes of Title I of the National Indu trial Re ry t in luding 

remo al of ob tructions to the free flow of int r tat an f r ign 

commerce which tend to dimini h the amount ther of an will provide for the general welfare by prom ting th organization of industry for the purpo e of cooperative a tion amono· the trade groups, 

by inducing and maintaining united action of labor and manag ment 

under adequate governmental anction and supervision, by eliminating unfair competitive practice , by promoting the full t po sible 

utilization of the present productive capacity of indu tri s, b avoiding undue restriction of production (except a may b temp rarily 

required) by increasing the con umption of industrial and agricultural product through increa ing purchasing pow r by reducing 

and relieving unemployment~ by improving standard of lab r, and 

by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50:000 employee ; and is not classified by me as a major indu try. 

(c) The Code as approved complies in all respects with the pertinent provisi®ns 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 a sociation 

is an industrial association truly representative of the afore. aid Industry; and that said Association impo es no inequitable restrictions 

on admi sion to membership therein. 

(d) The Code is not designed to antl will not permit monopolie 

or monopolistic practices. 

(e) The Code is not designed to and will not eliminate or oppre. 

small enterprises and will not operate to discriminate again t them. 

(f) Those engaged in other steps of the economic process haYe not 

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

This Indu try has cooperated in a mo t ati. factory manner with 

the Administrator in the preparation of this Code. From evidence 

adduced during this hearing and from recommendations and reports 

of the various Advi ory Boards it i b lieved that this Code a now 

proposed and revised represents an effective practical, equitable solution for thi Industry and for these rea.'ons this Code ha been 

approYed. 

Re pectfully, 

J.\N ARY 16, 1934. 

HuoH S. JoHN ox, 

Adnlinistrator. 
CODE OF FAIR COMPETITION 

FOR THE 

AMERICAN GLASSWARE INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, this Code is established as a Code of Fair Competition 

for the American Glassware Industry, and its provisions shall be the 

standards of fair competition for such industry and binding upon 

every member thereof. 

ARTICLE II-DEFINITIONS 

1. The term "Glassware Industry" as used herein means the business of producing gla sware, other than glass marbles, glass containers, flat glass, optical glass, and fabricated laboratory glassware 

in the continental United States, its territories or possessions. 

2. The term "association" means the American Glassware Association. 

3. The term "member of the Industry" includes, but without 

limitation, any individual, partnership, association, corporation, or 

other form of enterprise engaged in the industry, either as an 

employer or on his own behalf. 

4. The term "employee" as used herein includes any and all persons engaged in the industry, however compensated, except a member 

of the industry. 

5. The term "plant", as used herein, means a place where glassware, as defined in Section 1 of this article, is produced. 

6. The terms "Act " and "Administrator " as used herein mean 

respectively Title I of the National Industrial Recovery Act, and the 

Administrator for Industrial Recovery. 7. The term "majority vote", as used herein, shall mean that 

each member of the industry, as defined in Section 3 of this article, 

shall have one vote and at each meeting of the members of this industry a quorum shall con ist of members whose votes represent at least 

51% of the total votes and whose registered sales volume equals at 

least 51% of the total registered sales volume; 75% of the members 

of the industry present at such meetings shall constitut~ a majority 

vote, provided that the total registered sales volume of such number 

of members equals at least 75% of the total registered sales volume 

of all members present. 

B. The term " staff " means the employed personnel of American 

Glassware Association, and may be an individual, partnership, or 

(260) 
261 

corporation, which shall not, how ver be financially intere t d in 

any member of the indu try. 

9. The term "Divisions ' inclule the f llowing branches of the 

Gla sware Industry: 

A. ILLUl\HNATING GLA WARE Divi ION includ all gl'assware used 

in connection with artificial · ources of illumination where such glassware, by virtue of its shape, design, and material composition, is intended to modify, to reflect, and/ or to diffn e, the light emanating 

from the ource of artificial illumination andj or to decorate the same 

as described in paragraph 1 of this article, excluding those specifically provided for in the definitions of other Divisions. 

B. TECHNICAL AND INDUSTRIAL GLASSWARE DIVISION include -

1. Glass parts for elect1'ical devices, consisting of glass parts 

for electrical lamps (light sources), radio tubes, power 

vacuum tubes, photo-electric cells, gaseous discharge 

tubes, X-Ray apparatus, and other similar electrical 

devices. 

2. Glass insulators and insulation. 

3. Signal glassware, consisting of railway, marine, aviation, 

and traffic signal glassware, including flood lights, battery jars, gauge glasses, and glass parts of signal apparatus, and also lamp chimneys and lantern globes made to 

specification for railway and marine uses. 

4. V (L()WI)/7n glasswm·e, consisting of glassware for insuJ!ated or 

evacuated containers. 

5. 0 ooking glassware. 

C. LAMP CHIMNEYS AND LANTERN GLOBES DIVISION includes lamp 

chimneys of a variety of sizes and shapes of blown, clear glassware, 

plain or decorated, manufactured either by hand or machine, used 

on lamp equipment which burns kerosene oil or gasoline, or on 

equipment which simulates such lighting apparatus, except lamp 

chimneys used in lighthouses or on or in connection with railways 

and also includes lantern globes (other than railway lantern globes) 

of a variety of clear andjor colored blown glass shapes manufactured 

either by hand or machine used on oil lighted equipment, or on 

equipment which simulates such apparatus. 

D. SciENTIFIC GLASSWARE DIVISION includes laboratory, surgical, 

and hospital glassware in blown and pressed shapes, also drawn or 

fabricated tubing and rod, excepting, however, fabricated laboratory 

glassware. 

- E. AuTOMATIC TUMBLER GLASSWARE DIVISION includes blown or 

pressed, or pre eel and blown tumbler produced by full automatic 

proce s. 

F. AUTO:L\IATIC GLASSWARE DIYISION includes pressed, or pressed 

and blown glassware produced by fully automatic proce s not specifically defined under other Divisions in the Article. 

G. AUTOMOBILE GLAS WARE Drvi ION includes lens and other signal 

o·lassware for automobiles. 

H. BLOWN TABLE GLAS w RE Dn r ION in lu e pa t mould, iron 

mould, and "off-hand" tablewar , temwar tumbler and kindred 

items made by hand or emiautomatic proce . 

I. BLOWN LA w RE Drn ION in lucl tho g n rally li ted 

groups of blown articles pa tc ancl iron moull, ma e by hand and 
262 

semiautomatic processes, clear and colored, plain and decorated, 

private mould and otherwise, not specifically covered by other Divisions, such as glassware for vending and display devices, cylinders, 

jars, lamp base , lamp columns, lamp stems and parts, sacramental 

glassware, aquaria, seed cups, glassware for coffee- and tea-making 

devices, and other kindred groups, commonly recognized by the 

trade. 

J. PRESSED GLASSWARE DIVISION A. includes those generally listed 

groups of pressed or pressed and blown glassware, melted in tanks, 

made by side-lever, rotary, and semiautomatic processes, such as 

tableware, stemware, tumblers, jars, bar goods, soda-fountain glassware, hotel- and restaurant-supply glassware, kitchen glassware, 

f::tationers glassware, and other kindred groups, commonly recognized 

by the trade. 

K. PRE SED GLASSWARE DIVISION B includes those generally listed 

groups of pressed or pressed and blown glassware, melted in pots, 

made by side-lever, rotary, and semiautomatic processes, such as 

tableware, stem ware, tumblers, jars, bar goods, soda-fountain glassware, hotel- and restaurant-supply glassware, kitchen glassware, 

stationers glassware, and other kindred groups, commonly recognized by the trade. 

L. GLASSWARE CuTrrNG AND DECORATING DIVISION (melting plants 

only) includes all cutting, acid etching, needle etching, sand blasting, or other embellishments added to glassware blanks by producers of blanks, excepting those provided for under Division A. 

M. GLASSWARE CuTTING AND DEcORATING DIVISION (nonmelting 

plants) includes all cutting, acid etching, needle etching, sand blasting or other embellishments added to glassware blanks by manufacturers performing this function only, excepting those provided 

for under Division A. 

N. MISCELLANEous GLASSWARE DIVIsiON includes all glass products 

not specifically defined under other Divisions in this article, such 

as glass novelties, glass specialties, private-mould articles. 

ARTIOLE III-~L.xrMUM HoURs 

SECTION 1. No employee shall be permitted to work in excess o:f 

forty ( 40) hours per week, as averaged over a period of thirteen ( 13) 

weeks except such employees as are expressly exempted from the 

provisions of this article, provided, however, that in no case shall 

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

hours during any one (1) week. 

SEc. 2. Hours for Clerical and Office Employees.-N o person employed in clerical or office work shall be permitted to work in excess 

of forty ( 40) hours per week averaged over each four ( 4) weeks' 

period and not in excess of forty-eight ( 48) hours in any one week. 

SEc. 3. E xceptions as to H ours.-The provisions of this article 

shall not apply to traveling salesmen; or to employees engaged in 

emergency repair work; or to persons employed in a managerial or 

executive capacity or on technical and laboratory staffs who earn 

thirty-five dollars ($35.00) per week, or more. 

SEo. 4. W atchmen.-N o watchmen shall be permitted to work in 

excess of eighty-four (84) hours in any two weeks' period. 
263 

SEc. 5. Furnac men Ga M ak rs, En.r;ineers, and Pot Fill rs.- No furna m n, ·a. mak rs, ngineers. uncl p t filler.· .. hall be permitt l t work in ex . of forty-two ( 4-.cJ) hour. 1 er w k. 

E .. lVhe·Je killed Employ es NotAvailable.--\\h r kill d 

onpl are not availabl , with th approYal of th od uthority an l th A lmini trator, the maximum h ur. · for :kill d mpl y ma be in ex of th maximum h ur her in ·p cifi c1 

f rap riolnot to excel thr (3) m nth· aft 1' the eff tiY late 

c,f thi ode. 

E . 7. Em.ploym nt by 'everal EmployP?' .-N 

be permitte l to work for a total number of hour in ex 

numb r of hours herein pre ribec1 whether he be emplo. 

or more employer . 

ART! LE IV-.1\IINIM l\1 " ACE 

e shall 

.·.· of the 

c1 b one 

E TION 1. No employee hall be paid in an pay period le · than at 

the rate of forty ( 40) cent per hour, except a otherwi ·e h r in 

provided, unle s the hourly rate for th same la · of work on July 

15, 1929, wa le s than forty ( 40) cents per hour, in which ca ·e the 

minimum wage hall be not Je s than the wages paid in July 1929, 

~tnd in no ca e le than thirty (30) cent per hour. 

EC. 2. Piece'u;m'k Oompensaiion Minim~mt ll age .-Thi article 

e tabli he a minimum rate of pay which hall apply irre pecti e of 

whether an employee i actually compen atecl on time rate, piecew·ork performance, or other ba is. 

SEc. 3. L earners.-N o learner shall be paid in any pay period le s 

than at the rate of eighty (80 7£ ) percent of the minimum rate of 

pay specified in thi Code. Learners whose period of learning hall 

not exceed ix (6) months shall be per ons without preYiou experience or employment in the Inclu try and the total number of uch 

learner ·hall not exceed more than five (57£ ) percent of the total 

number of employees in any one plant. The provi ion of thi ection hall not be o a ppli d a to defeat the purpo es an l intent of the 

Act. 

SEc. 4. lVages abo1Je minim.um.-It is declare l to be the poli y o:f 

the member of the Industry to refrain from reducing the wag rate 

of employees whose hourly rates of wao· s through the fir t ·ix 

months of 1933 "ere in exce of the minimum wage h rein precribed · al o to maintain the weekly earninO'. of uch employ e , 

x ept in extreme ca e where the hour haY been clra ti ally reLlu eel notwith tanding that the maximum hour pre cribed b thi 

Cole may be below the average \';"eekl. hour worke l dnrino· the 

fir t ix months of 1933. It i · further leclarecl a. a policy that th 

hourly wage of thi class of mplo. ·ee · be a lj n. ted upward in an 

cquitabl manner to ff tuat thi policy. The DiYi, ion A lmini -

trativ omrnitte · hall within three (3) month after th eff tiY 

late f thi .,ode re omm n l to the od Authorit a . chec.lul f 

minimum rate. of wa()' . · whi h ·hall b acljn.-t c1 in . uch a mann r 

a to pr vi l again t in quality betwe n th Ynri n: plant · in th 

In lu try an l th · d Authority . hall ther upon til n h · h lul 

with th Aclmini. trat r a. an amenc1m nt t thi. · (1 antl '"h n 

approv l by the Pr ic.lent_ shall ha the mne f r ·, nntl dl'c t 

327 !) 0 -310- 75-34--2 
264 

as any other amendment or pro vi ion hereof. Nothing in this ection 

shall be con~trned a, aff cting any contractual relations with labor 

organizations. 

SEc. 5. Ji omalc Employees.-Fem.ale ~mployee · performing the 

same \'Wrk as male employees and employed during the ·ame work 

period, shall receive the ame rates of pay as male employee . SEc. 6. H anclicapped Persons.-A person whose earning capacity 

is limited be an e of age or physical or mental handicap may be 

f'mployed on liaht work at a wage below the minimum establi heel 

by thi Cod-e if the employer obtains from the State authority designated by the United States Department of Labor a certificate authorizing his employment at such wages and for such hours as shall be 

stated in the certificate. Each employer shall file with the Code 

Authority a li t of all such persons employed by him. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. Child Labor.-No per ·ons under sixteen (16) years of 

age shall be employed in the industry. No person under eighteen 

(18) years of age shall be employed at operations or occupations 

which are hazar lous in nature or dangerous to health. In any State 

an employer shall be deemed to hav-e complied with this provision as 

to ag if he ·hall have on file a certificate or permit duly signed by 

the Authority in .._,uch State empowered to issue employm-ent or age 

certificates or permits , howing that the employee is of the required 

ag-e. 

SEc. 2. Provi ions frOJn the A ct.-In compliance with Section 7 (a) 

of the Act it i provided: 

(a) That employees hall ha e the right to organize and bargain 

collectively through representatiYes of their own choosing, and shall 

be frea from the interference, re traint, 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 purpo e of 

collective bargaining or other mutual aid or protection. 

(b) That 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 assi ting a labor organization of 

his own choo ino·, and 

(c) That employers hall comply with the m_aximum hours of 

labor, minimum rates of pay, and other conditions of employment 

approYed or pre cribed by the President. 

SEc. 3. R eclassifi ation of Employees.-No employer shall reclassify employees or duties of occupations performed or engage in any 

other subterfuge for the purpo e of defeating the purr o ·es or provisions of the Act or of this Code. 

SEc. 4. Standa,rds jo1' Safety and Health.-Every employer shall 

make reasonabl provision for the afety and h ealth of his employees 

at the place and during the hours of their employment. 

SEc. 5. State Lau's.-N o provision in this Code shall uper ede any 

State or Federal law which impo e on employer more stringent 

requirements as to ag of employees, wages hours of work, or as to 

safety, health, anitary or general working condibons, than are 

impo eel by this Code. 
26::> 

SEc. 6. ·hall makt' payment of 

or I y n o·otiabl heck 

opie of thi' 

y' ·. 

ARTr LE VI- nG.A~IZATic T PowEn ~·o UTIE · F THE Com~ 

AUTHOTIITY 

E TI .J. 1. Organi.zation and Con tituiion.-A d Authority is 

hereby tabli he<l to p rate with th A lmmi ·h·ator in the admini tration of this c1 an l ·hall con i t of not le · · than seYen (7) a1 1 

not more than fourt en (14) m mber to be cho en by the memb r:-; 

of thi indu try b. a majority yote as define l in e ·tion 7 of Article II. The Admini trator in hi li cretion ma} appoint not m re 

than three (3) ad litional members with ut Yote, and without · mfJ n ation from th indu try, to serYe f r . ·u ·h p rio l of time and 

to repre ent the A lmini h·ator or . uch group r gr up a h may 

de ianate. 

SEc. 2. V acancie in the per. onnel of the Code Authority elected 

by th indu try hall be filled through appointment by the A lmini trator upon nominabon of the Code Authority. 

SE . 3. Each trade or inclu trial a ociati n directly or indirectly 

participating in th ·election or actiYitie of the Cod ~ uthority 

shall impose no inequitable re triction · on member hip, and hall 

ubmit to the Admini trator true copies of it article of a ociation, 

bylaw regulation , and any amendments when made thereto together with such other information a to member. hip organization, 

and activities a the Admini trator may deem nece .. : ary to effectuate 

t.he purpo e of the Act. 

SEc. 4. In orde.r that the Code Authority hall at all time be 

repre ·entative of the industry and in other re pects comply with the 

1 rovi ion· of the Act, the Aclmini trator may pre cribe uch hear- lng a h may deem proper· and thereafter if he hall find that the 

Code Authority i not truly representatiY or does not in other 

r pect ~ complj with the proYi ions of the Act, mL.y require an 

appropriate modification in the methorl of sel ction of the ,ode 

Authority. 

E . 5. ~Iember of the in lu try .-hall be entitl l to particir ate in 

ancl ·har the benefit of the actiYitie of th ode ~ uthority and to 

par'ti ·ipatt> jn the . l "tion of the members her f eitll''r b}r be oming a member of th as. ociation and pa ·ing to th as o iation the 

due provi led to b 1 aid by a m mber in lik tanding or sc nting 

t an 1 mrlying with he r quir ment of thi od and Tl taining 

their r n. on able hare of the expen. e of it. a lmini ·tration. uch 

rca onabl . har of th expen e of a lmini~ trati n h, ll be determined by th o l Authority, ubject to r vi ". b: the Aclmini trator on th ba i. · of volum of I n ·ine ~ and/ r u h th r fa t r a 

ma. b 1 mecl erp1itabl . E . G. ~ thing ontain din thi ole ~hall con. titut th member · of th ode Authori · 1 artn r:· for an ' 1 nrpo.~ . ... ror . hall any 

member f tl c.l ... nt.horit r b liabl in < nv manner t an· nt> for ~ ny act of any ot.h 1' n: mber fii r ag nt or mpl y d the c1 
266 

Authority. Nor shall any member of the Code Authority, exercising rea onable diligence in the conduct of his duties hereunder, be 

liable to anyone for any action or omis ion to act under this Code, 

except for hi own willful misfeasance or nonfeasance. 

SEc. 7. Pmoas ancl Duties.-The Code Authority shall have the 

following further powers and duties, the exerci e of which shall be 

reported to th Admini trator and shall be subject to hi right, on 

review, to eli ·approve any action taken by the Code Authority. 

(a) To administer the provisions of thi Code and provide for the 

compliance of the industry with the provi ions of the Act, and to 

propose and submit to the Administrator amendments and/ or modification of thi Code, for the approval of the President. . 

(b) To adopt bylaws and rule and regulations for its procedure 

and for the administration and enforcement of the Code. 

(c) To obtain from members of the industry such information and 

reports as are required for the admini. tration of the Code and to 

provide for ubmission to the staff by members of such information 

and r eport · as the Admini trator may leem neces ary for the purpose recited in Section 3 (a) of the Act, which information and 

reports shall be submitted by member to such administratiYe and/ or 

government agencies as the Administrator may designate; provided 

that nothing in this Code shall relieve any member of the industry 

of any existing obligations to furnish reports to any government 

agency. No individual reports hall be disclosed to any other member of the industry or any other party except to such governmental 

agencies as may be directed by the Administrator. 

(d) To designate the American Gla sware Association and such 

other agencies as it deems proper for the carrying out of any of its 

activities provided for herein, provided that nothing herein shall 

relieve the Code Authority of its duties or responsibilities under this 

Code and that such trade associations and agencies shall at all times 

be subject to an l comply with the provisions hereof. 

(e) To designate the following divisions and subdivisions as the 

ngency of the Cole Authority for the administration of the Code in 

each clivi ·ion to the extent permitted under the provisions of ,this 

Code and of the Act: 

1. ILLUMINATING GLASSWARE DIVI ION. 

2. TECHNICAL .AND INDUSTRIAL GLASSWARE DIVISION: 

Subdivision (a) Glass Parts for Electrical Devices. 

Subdivision (b) Gla s Insulators and Insulation. 

Subdivision (c) Signal Glassware. 

Subdivision (d) Vacuum Glassware. 

Subdivision (e) Cooking Glassware. 

3. LAMP CHIMNEYS AND LANTERN GLOBES DIVISION. 

4. SciENTIFIC GLAsswARE DiviSION. 

5. AuTOMATIC TuiVIBLER GLASSWARE DiviSION. 

6. AuTOMATIC GLASSWARE DivisiON. 

7. AuTOMOBILE GLAsswAEE DivisiON. 

8. BLOWN TABLE GLASSWARE DIVISION. 

9. BLOWN GLASSWARE DIVISION. 

10. PRESSED GLASSWARE DIVISION A. 

11. PRESSED GLASSWARE DIVISION B. 

12. GLASSWARE C TTING AND DECORATING DIVISION (melting). 
267 

13. GLAS WARE CUTTING AND DECORATING DIVIsiON (nonmelting). 

14. MrscELLANEous GL.A. wARE Drvr ION. 

(a) Each Division or Subdivi ion may by majority vote as 

defined in Article II, Section 7, elect a Division Administrative Committee. 

(b) Other Divisions or Subdivisions may b establi heel, from 

time to time, by interested groups of manufacturers 

upon application to, and approval by, the Code Authority, provided that such application is authorized by 

seventy-five (75%) percent of the m mbership within 

a particular group. When approved by the Code 

Authority the names of such Divisions or Subdivi ions 

shall be submitted as an amendment to this Code, and 

if approved by the Administrator, shall be added to 

the list of those recognized in this section. 

(f) To make recommendations to the Admini trator for the coordination of the administration of this Code with such other codes, 

if any, as may be related to the industry. 

(g) To secure from members of the industry an equitable and proportionate payment of the reasonable expenses of maintaining the 

Code Authority and its activities. 

(h) To coopBrate with the Administrator in regulating the use of 

any N.R.A. insignia solely by those members of the industry who 

have assented to, and are complying with this Code. 

( i) To recommend to the Adn1inistrator further fair trade practice provisions to govern members of the industry in their relations 

with each other or with other industries and to recommend to the 

Administrator measures for industrial planning, including stabilization of employment. 

(j) To provide that-

(a) Any interested person 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 any divisional administrative committee. Such complaint must be filed in 

writing with the Code Authority within a reasonable 

period of time after said decision, rule, regulation or 

course of action is issued or taken. The decision of uch 

Code Authority may be appealed by any interested person to the Administrator, and 

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

the Admini trator, under such rules and regulation as 

the Administrator may prescribe, in respect to any 

deci ion, rule, regulation, or other course of action, 

is ued, or taken by the Code Authority. 

(k) To establish a system of cost finding which, after appro al by 

the Administrator, shall be the basis u ed in determining the co t of 

any product of a memb r of the indu try. 

SEc. 8. To provide that any de i ion, rule, regulation, order or 

finding made or cour e of a tion followed pursuant to any provi ion 
268 

of this Code, may be cancelled or modified by the Administrator 

whenever he shall determine such action necessary to effectuate the 

provisions of the Act. 

ARTICLE VII-PmcE LISTs, DiscouNTs, TERMS 

SEcTION 1. Each member of the Industry producing glassware in 

Division A and Division C, as defined in Article II, Section 9, shall 

upon the effective date of this Code, file with the Staff a net price 

list or a price list and discount sheet, as the case may be, individually 

prepared by him on the basis of an adequate cost finding method, 

showing his current prices, or prices and discounts, and all terms 

and conditions of sale on all competitive articles of glassware produced by him. Such price lists and terms and conditions of sale, 

so filed with the Staff, shall be open to inspection at all reasonable 

times by any interested party. Revised price lists may be filed from 

time to time thereafter with the Staff by any member producing 

glassware in the Division, provided, however, that such revisions 

shall be filed with the Staff at least ten (10) days in advance of the 

effective date thereof, and provided further that any other member 

producing glassware in either Division may file revisions of his net 

price list, or price lists and discount sheets, or terms and conditions 

of sale, to meet the revisions first filed which may become effective on 

the date when the revised price list or revised terms and conditions 

of sale first filed shall become effective. 

(a) No member producing glassware in either Division shall 

divulge to any customer or to any other member of the industry 

revisions in prices, or terms and conditions of sale, prior to the 

effective date of such revisions. 

(b) No member of the industry shall sell directly or indirectly 

or permit any agent to sell from warehouse or consigned stocks any 

products of the industry covered by the provisions of this section 

at a price lower, or at a discount greater, or on more favorable 

terms of payment or conditions of sale, than those provided in his 

current net price lists, or price lists and discount sheets. 

ARTICLE VIII-TRADE PRACTICE RuLES 

SECTION 1. The following shall constitute trade practice rules for 

this industry: 

Rule 1. /naccur·ate Advertising.-No member of the industry shall 

publish advertising (whether printed, radio, display, or of any other 

nature), which is misleading or inaccurate in any material particular, nor shall any member in any way misrepresent any goods (including, but without limitation, its use, trade-mark, grade, quality, 

quantity, origin, size, substance, character, nature, finish, material, 

content, or preparation) or credit terms, values, policies, services, or 

the nature or form of the business conducted. Rule 2. False Billing.-No member of the industry shall knowingly withhold from or insert in any quotation or invoice any statement that makes it inaccurate in any material particular. 

Rule 3. Inaccwrate Labelling.-No member of the industry shall 

b:and or mark or pack any goods in any manner which is intended 
269 

to or does deceive or mislead purchas rs with re pect to th brand, 

grade, quality, quantity, origin, size, ub tan , chara t r, nature, 

finish, material, content, or preparation of u h o-oods. 

Rule 4. /nac~rate Ref erences to Competitors, etc.-No member 

of the industry shall publi h adverti ing which refers inaccurately 

in any material particular to any competitors or their good , prices, 

values, credit terms, policies or services. 

Rule 5. Selling Below Oost.-No member of the indu try shall 

sell any products below cost, as determined by an adequate co t 

finding system adopted by the Code Authority and approv d by the 

Administrator, provided, however, that dropped lines, seconds or 

inventories which must be converted into cash may be di po ed of 

in such a manner and on such terms and conditions a the division 

administrative committee may approve in order to move such 

products into buyers' hands. The Code Authority may, from time 

to time, require manufacturers to furnish to the Staff complete information relating to their costs. Such information shall be deemed_ 

confidential and shall not be divulged to any manufacturer or other 

person not a member of the Staff of the Association except as may 

be required by the Administrator. 

Rule 6. Threats of Law Suits.-N o member of the indu try shall 

publish or circulate unjustified or .unwarranted threats of legal proceedings which tend to or have the effect of harassing competitors 

or intimidating their customers. Failure to prosecute in due course· 

shall be evidence that any such threat is unwarranted or unjustified. 

Rule 7. S ecret Rebates.-No member of the industry shall secretly 

offer or make any payment or allowance of a rebate, re-fund, commission, credit, unearned discount, or excess allowance, whether in the 

form of money or otherwise, nor shall a member of the industry 

secretly offer or extend to any customer any special service or privilege not extended to all customers of the same class, for the purpose 

of influencing a sale. 

Rule 8. Bribing Employees.-N o member of the indu try 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 representative of another in relation to the bu iness 

of the employer of such employee, the principal of such agent, or 

the represented party, without the knowledge of such employer, 

principal, or party. Commercial bribery provisions shall not be 

construed to prohibit free and general distribution of articles commonly used for advertising except so far as such articles are actually 

used for commercial bribery as hereinabove defined. 

Rule 9. Interference with Another's Oontracts.-No member of 

the industry shall attempt to induce the breach of an existing contract between a competitor and his employee or cu tomer or ource 

of up ply; nor shall any such member interfere with or ob truct he 

performance of such contractual duties or services. 

Rule 10. Ooercion.-No member of the indu try hall r quire that 

the purchase or lease of any goods be a prerequi ite to the purchase 

or l ase of any other good . Rule 11. Blac'A listing.-N o member of the industry hall join or 

participate with oth r m m~rs of th indu tr who with uch members constitute a ub tantial number of memb rs of th in u try or 
270 

who together control a substantial percent of the business in any 

specific product or products of the industry, in any transaction known 

in law as a blacklist, including any practice or device (such as a 

whitelist), which accomplishes the purpose of a blacklist. 

Rule 12. Gifts, Advertising, Contributions, etc.-No member of the 

industry shall give or offer to give any gifts in the form of money, 

tldvertising contributions, or otherwise to customers or groups of 

customers in connection with the sale of products or an inducement 

thereto by any scheme which involves lottery, misrepresentation, or 

fraud. 

Rule 13. Imitation of Design.-No member of the industry shall 

imitate a competitor's trade mark, trade name, or exclusive, or established design of product, or package, intended to identify the maker 

or vendor of said product, when the effect of such imitation may be 

to cause confusion in the minds of purchasers with reference to the 

identity of the maker thereof. 

SEc. 2. Additional Trade Practices.-Each division or subdivision 

of the industry may propose amendments relative to the filing of 

discounts, commissions, or brokerage fees, credit terms, package 

charges, freight equalization, and other terms of sale and/or other 

trade practice rules and submit the same to the Administrator 

through the Code Authority. 

ARTICLE IX-CONTROL OF PRODUCTION 

SECTION 1. Members of the industry within fifteen ( 15) days after 

the effective date of this Code shall register with the Code Authority 

their present melting capacity of continuous tank equipment and 

tonnage capacity of furnaces and day tanks. 

SEc. 2. No person, partnership, association, corporation, or other 

form of enterprise engaged in the industry or for the purpose of 

engaging in the industry shall install any new or additional melting 

capacity, in whole or in part, after the effective date of this Code, 

until it has been established to the satisfaction of the Administrator, 

upon application, that such new or additional installations will not 

be in contravention of the purposes and intent of the Act, provided, 

however, that nothing in this Section shall be interpreted to prevent 

the consummation of any contract bona fidely executed prior to the 

approval of this Code or the replacement of obsolete or worn out 

equipment with equipment of identical, or less, melting capacity. 

SEc. 3. The Code Authority shall make recommendations to the 

Administrator regarding the granting or withholding of such 

certj fica tes. 

ARTICLE X-IMPORTS 

SECTION 1. The Code Authority shall make such investigations as 

may be found necessary to determine the effect of imports upon the 

industry. If it should be found that competitive articles are being 

imported into the United States in substantial quantities or in increasing ratio to domestic production or on such terms or under such 

conditions as to render ineffective or seriously to endanger the main-
271 

tenance of the provisions of thi Code the Cod 'Authority shall make 

application to the Pre i nt for reli f a provid d in ti n 3 (e) 

of Title I of the National Indu trial Recovery Act. 

ARTI LE XI-MomFI ATION 

SE TTON 1. This Cod and all the provi ·ion thereof are xr re sly 

mad subject to the right of the Pre ident, in accordance with the 

provisions of ub ection (b) of Section 10 of the Act, from time to 

time to cancel or modify any order, approval, licen e, rule, or r gulation issued under said Act. 

SEc. 2. This Code, except as to provision required by the Act, 

may be modified or amended on the basis of experience or chang sin 

circumstances, such modifications or amendments to be based upon 

application to the Administrator and such notice and hearing as he 

shall specify, and shall become effective upon approval of the 

Administrator, unless otherwise provided. 

ARTICLE XII-l\1oNOPOLIEs, ETc. 

1. No provision of this Code shall be so applied as to permit 

monopolistic practices, or to eliminate, oppress, or discriminate 

against small enterprises. 

ARTICLE XIII-EFFECTIVE DATE 

This Code shall become effective fifteen (15) days after its approval by the President. 

Approved Code No. 215. 

Registry No. 1022-04. 

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