NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

SASH WEIGHT INDUSTRY 

AS SUBMITTED ON AUGUST 24, 1933 

REGISTRY No. 1122-08 

The Code for the Sash Weight 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 

I .., .. ,. ........ 

~OD " ------

UNITED ES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 
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CODE OF FAIR COMPETITION FOR THE SASH-WEIGHT 

INDUSTRY 

ARTICLE I-P RPO E 

1. To effectuate the policy of Title I of the National Industrial 

Recovery Act by re lucing and relieving unemployment, improving 

the standards of labor, eliminating competitive practices destructive 

of the interests of the public, employees and employers, relieving 

the disastrous effect of overcapacity, and otherwise rehabilitating 

the sash-weight industry the following provisions are established as 

a Code of fair competition for the sash-weight industry. 

2. o provision in this Code shall be interpreted or applied in 

such manner as to-

( a) Promote monopolies, 

(b) Permit or encourage unfair competition, 

( c) Eliminate or oppress small enterprise, or 

( d) Discriminate against small enterprises. 

ARTICLE II-PARTICIPATION 

1. Participation in this Code, and any subsequent revision of or 

addition to the Code, shall be extended to any person, partnership, 

association, or corporation now engaged in the manufacture of sash 

weights and related products as hereinafter enumerated, who shall 

pay his proper prorata share of the expense involved and receive 

the benefits in the development and administration of the Code. 

ARTICLE III-APPLICATION 

1. This Code shall apply to all manufacturers of sash weights and 

related products, including regulator weights, special weights, sectional sash weights, dock weights, counter weights, elevator weights, 

and accumulator weights and shall apply to all business done in 

these products excepting export busine s. 

ARTICLE IV-LABOR CODE 

A. General--1. Employees in the sash-weight industry shall have 

the right to organize and bargain collectively 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 or in self-organization or in 

other concerted activities for the purpose of collective bargaining or 

other mutual aid or protection. 

2. No employee and no one eeking employment in the sash-weight 

industry 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. 

8143-33 ( 1) 
2 

3. Employers in the sash-weight industry shall comply with the 

maximum hour of labor, minimum rate of pay, and other conditions of employment approved or prescribed by the President of 

the United States. 

B. Hours and Wages.-4. The maximum hours for workers in the 

sash-weight industry, excepting foremen, receiving more than $35.00 

per week, and maintenance men in emergencies when they shall be 

compensated at the rate of time and one third, shall be 40 hours per 

week. 

5. The minimum wage rate for workers in the sash-weight industry, excepting cleaners and watchmen, shall be as follows: 

(a) $0.371⁄2 per hour in that section of the country west of the 

Miss1ssi ppi River and north of the Mason and Dixon line. 

(b) $0.35 per hour in that section of the country east of the 

Mississippi River and south of the Mason and Dixon line. 

ARTICLE V-~1ERCHANDI ING REGULATIONS 

1. Sales Below Oost.-No manufacturer of the products enumerated in Article III of this Code shall sell or exchange any of these 

products at a price or upon such terms or conditions that will result 

in the buyer paying for the goods received less than the cost to the 

seller. This cost shall be determined in accordance with a uniform 

and standard method of costing to be developed by a reputable costaccounting organization and approved by the Code authority as 

hereinafter provided under Article VII, Section 1. 

2. Ewtra Oha1·ges.-All weights which have to be bundled, excluding boat shipments and less-carload rail shipments, shall be invoiced 

to the customer at an additional price to include the cost of bundling 

on the basis provided in Article V, Section 1. 

3. Orders to be Taken for lmniediate Shipment.-All orders from 

all classes of buyers if taken at firm prices hall be subject to immediate shipment, and such orders shall be complete with respect to 

specifications, prices, and the like. If not complete, they shall be 

considered as deferred for future shipment. All orders for future 

shipment (future shipping date specified or incomplete in the essentials as above stated) shall be subject to prices in effect at time of 

shipment, and shall be taken and/or acknowledged subject to such 

conditions. 

4. Price Advance.-All orders on hand for immediate shipment, 

including back orders and orders for immediate shipment in mail 

(postmarks on letters or filing time on telegrams shall be considered 

date of receipt) at former orices and not shipped within five days 

(Sundays and holidays excluded) following the date of a price advance, shall be either cancelled or invoiced at the higher prices, 

regardless of the reason or cause for failure to make shipment within 

the fifteen-day period. 

5. Price Declines.-In event prices of a h-weight products are reduced shipments in transit may be given the benefit of the lowerprices: Provided, however, That bu rer submits evidence, in the form 

of carrier's expense bill, showing that the hipment actually was in 

tran it and not in buyer stock when the price decline occurred. 

Unfilled orders on hand at time of price decline may be given the 

benefit of the lower prices. 
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6. 01·der, Acknowledgrnent, and I nvoice Forrns.-Each manufacturer should indicate on each of his order, acknowledgment, and 

invoice forms his established prices appropriate for the class of 

shipment involved and the di count granted. 

(a) Order F orms.-For his own protection each manufacturer 

should use substantially the following wording between the date 

line and signature line on all sale men's order forms: 

"TERMS: 1 % cash discount 10 days, 30 days net. Shipment of 

this order at prices and terms hereon shall not be obligatory on our 

part unless formally acknowledged." 

(b) Acknowledgnient Form,.-For further protection each manufacturer should use substantially the following wording on all of 

his order acknowledgment forms : 

"This order is accepted at the prices shown hereon for immediate shipment, and in the event of a price advance on sash-weight 

products, said products mu t be shipped within fifteen working days 

following date of price advance, or cancelled or adjusted to prices 

in effect at time of shipment, regardless of rea on for our inability 

to ship within said fifteen days." 

(c) Invoice and Acknowledgment Fo1·1ns.-Each manufacturer 

should print substantially the following wording on all of his invoice and order acknowledgment forms for shipments including sashweight products made by rail and/or water: 

" If goods are actually unloaded at destination shown hereon, we 

will, upon receipt of paid freight bills, or a duplicate thereof, allow 

freight as outlined "-and then specify the allowances established 

herein. 

7. Back Orders.-If a carload is ordered for shipment via rail 

freight and portion of it aggregating 40,000 pounds or more is so 

shipped, and there remains a le s carload balance not shipped because 

of the failure of the manufacturer to include it in said carload rail 

shipment, said balance is termed a "back order." Back orders 

shipped via L.C.L. rail freight may be made on as favorable terms 

as though said portion of the order had been included in the C.L. 

rail shipment, provided said back orders are shipped within thirty 

days of the original C.L. shipment, except that in the event of a 

price advance back orders shall be shipped within fifteen working 

days following date of price advance, or cancelled or invoiced at 

prices in effect at time of shipment. 

8. Term,s of Paynient.-Terms of payment shall not be more favorable than 1 % ca h di count ten day , 30 day net; or if preferred, 

1 % proximo, net 30 days proximo. The cash discount may be 

allowed from the net merchandise value of invoices. No discount 

on freight allowed. 

9. Datings.-Manufacturers hall not grant future invoice datings 

on any shipments. 

ARTICLE Vl-UNF.AIR TRADE PRACTICES 

l. Employees-(a) Enticing Ernployees from Oo11ipetito1·s.- Maliciously enticing away an employee or employees of competitors 

with the intent of unduly hampering, injuring, or embarrassing a 

competitor or competitors in the conduct of their business is an unfair 

trade practice. 
4 

(b) 1Vithholding information.-The withholding of or refu ing 

to gi,e information concerning any previous employee by any manufacturer "ith intent to mi lead or deceive is an unfair trade practice. 

2. iJ!erchandise-(a) Weight of Jvierchandise .-On all price Ii ts, 

adverti ing matter, etc., the aYerage weight of each product shall be 

given in one weight only, and not a range of weights. No manufacturer shall intentionally hip any customer merchandise which 

weigh ub tantially more or le s than the average published 

weight. 

(b) econds.-To protect the public against misleading and defective merchandise, ' seconds " of sa h weights shall not be sold for 

counterweight purposes, or in such manner or form as to be suitable 

for window counterweighting. 

3. l nvm:cing-(a) Fictitious lnvoices<.-Fictitious invoicjng of 

merchandi e and the shipment of merchandise which weighs sub- , tantially 1nore or ub tantially les than the publi hed weight is an 

unfair trade practice. All good shipped by a manufacturer to or 

for cu tomers carried on his own books shall be fully invoiced in the 

name of the cu tomer to whom or for whom the goods are shipped, 

and by whom payment will be made to the manufacturer. No 

manufacturer, by ubterfuge or otherwi e, hall give any cu tomer 

the discount to which some other cu tomer i entitled. No manufacturer hall invoice any cu torn.er for products other than tho e 

actually shipped against the invoice. 

(b) 01nission of Data.-Any item pertaining to the ale omitted 

from the invoice, such as allowance of overriding discount payable 

at some future date, shall be con idered an unfair trade practice. 

(c) Unauthorized Deductions.-Permitting a cu tomer to make 

any deductions from the invoice not covered by the terms of sale in 

making his remittance shall be considered an unfair trade practice. 

(d) Free Goods.-No manufacturer shall ship or in any way deliver free goods of any kind to any customer for cu tomer's own use 

or for resale bv that customer. 

( e) Other Prodiucts.-N o manufacturer shall subnormally price 

any products manufactured and/or old by him for the purpo e of 

influencing the sale of sash weight products. 

4. Transportation.-(a) Diversion of Shipments.-No cu tomer 

shall be permitted to secure any allowance either for freight equalization or for trucking by means of diverting shipments. The 

manufacturer shall secure paid freight bills, or duplicates thereof, 

before any credits are allowed the customer for freiaht or freiaht 

equalization on any type of shipment. 0 

(b) Trucking Allowan e to Fictitiows Destinations.-No customer 

shall be permitted to profit or benefit bv an allowance for truckinogoods to a fictitious de tination. ~ 0 

5: Adv_ertising.-_(a). Adverti ements, statements, or inference , 

wh~c~1 directly o~ 1ndirec~ly reflect fal ·ely upon the me ·chan Ii e, 

policies or financia! tan ling of any competitor or which are detrimental to the be t inter€ ts an l welfar of the incln trv are unfair 

tracl practice . · 

6. ubsiclie .-(a) Lavi. h Entertafr11nent.-Manufacturers shall 

not. encourage nor p rmit la vi h entertainment of a customer by 

then employe s. o manufacturer hall purchase tock or invest in 
5 

any customer's company. This does not apply to stock purchased by 

individuals of listed stocks. 

(b) Bets, Gratuities, Loans, Etc.-No salesman or other employees 

shall make bets or in any way gamble with any customer or customer's employee for the purpo e or with the intent of losing, nor 

shall any salesman or employee give any gratuity, cash, or present 

of substantial value to any cu,stomer or prospective customer or 

customer's employees. No salesman or employee shall make loans of 

any kind to any customer or prospective customer, or customer's 

employees. 

(c) Consignments.-There shall be no consignment of goods made 

to any customer. 

( d) Purchases from Custonier.-No manufacturer, in purchasing 

any commodity from a concern engaged in the sale and distribution 

of sash weights and related products, shall pay a price in excess of 

the prevailing open-market price for the commodity in question; nor 

shall any manufacturer in purchasing materials of his own manufacture from one of his customers pay more than the customer's 

original net delivered cost therefor. 

( e) Renting Part of Customer's Premises.-N o manufacturer shall 

rent any part of the premises of a customer for office space or any 

other purpose. 

(f) Paying Part of Customer's ExP'enses.-No manufacturer shall 

assume any portion of the expenses incurred by a customer in running 

his own business, nor shall any manufacturer assume any part of the 

expenses or any payments whatsoever to customer's personnel, 

including clerks, salesmen, etc. 

(g) Splitting Comniissions.-Salesmen or other employees shall 

not split nor otherwise share their commissions or compensation with 

any present or pro pective customer or customer, ' employees. 

(h) Excessive Sales Assistance.-No manufacturer shall extend 

more sales assistance to any customer than can be rendered in a 

normal manner through the activities of the salesmen regularly 

maintained in the territory by the manufacturer, nor shall any 

manufacturer offer, promise, or supply any definite portion of the 

time of one or more salesmen, or any definite volume of sales to be 

turned in as an inducement towards obtaining the account of any 

customer. 

(i) Excessive Allowance and Aajustments.-No manufacturer 

shall make allowance to a customer for alleged defective merchandise, 

alleged shortages, or for adjusting complaints of any kind. 

(j) Granting Excessirve Credit.-Manufacturers shall not offer or 

extend to customer unusual volume of credit a an inducement to 

place business with manufacturers. Manufacturers shall charge and 

collect not less than the prevailing interest rate on all customers' 

notes covering past-due accounts. 

(k) Cust01ners' Accounts.-No manufacturers shall as ume any 

credit respon ibility whatsoever, nor guarantee any such accounts, 

nor as ume the cu tomer' loss, if the account should prove 

uncollectible. 

7. CVJt-Thro(J)t Competition.-Selling goods below manufacturer's 

own cost to be determined in accordance with Article V', Section 1, 

of this Code, is an unfair trade practice. 
UN IVERSITY OF FLORIDA 

G II I II IIIIII Ill Ill lllll lllll II IIII IIIIII IIII II 1111111111111111111 

3 1262 08851 7957 

8. Sundries.-(a) Misclassification of 0ustomers.-No manufa~-

turer shall deliberately miscla sify a customer so as to enable s~nd 

cu tomer to obtain a better price or terms of sale than that to wluch 

he is properly entitled. 

(b) Transference of 0rders.-Orders booked with customers and 

not actually taken by the same customer shall not be transferred in 

whole or in part to another customer or customers, but must be 

immediately canceled. 

( c) Resales.-The manufacturer will encourage his own cust?mers 

to maintain a fair margin of profit in resales and to make possible a 

profitable handling of his products by other similar customers. 

(d) Breaking 0ontracts.-No manufacturer shall induce or assist 

a customer to break a contract with a competing manufacturer. 

ARTICLE VII-ADMINISTRATION OF CODE 

1. To further effectuate the policies of the National Industrial 

Recovery Act, the Board of Directors of the Sash Weight Association, Inc., the applicant herein, or such succes or committees as may 

hereafter be con tituted by the above a sociation, is set up to cooperate with the Administration of the National Industrial Recovery 

Act as the authority to administer the provisions of this Code. 

2. The association shall serve as an agency for collecting statistical 

data as to costs, production, sales, and all other matters affecting the 

industry as to which the Government may require information, and 

the manufacturers engaged in the industry will furni h such information and make such reports to the a sociation as may be necessary 

in order to enable the association to collect and furni h to the Governm.ent the information required under the terms of the National 

Industrial Recovery Act. The manufacturers shall keep their accounts in such form as may be necessary to enable them to furnish 

information desired by the Government. 

3. The President of the United States may from time to tim.e 

cancel or modify any order, approval, license, rule, or regulation 

is ued under Title 1 of the National Industrial Recovery Act. 

4. Any violations of the provisions of this Code shall be investigated by an authorized agent or agents of the Code authority as provided for in Article VII, Section 1; and members of the ·industry 

shall facilitate such investigations bY._ opening their correspondence, 

books, and accounts for examination ana ' ~y }l.tirflishing relevant 

information. In the disclosal of any willful violation of this provision, the Code authority may present evidence thereof to the proper 

department, ao-ency, or judicial branch of the Government. 

5. Any complaint regarding infractions of this code 'shall be made 

in writing to the Code authority and ·accompanied with supnortino· 

evidence and a check for $50.00 to partially cover the cost of a{i investigation. If the investigation discloses a violation of the Code the 

$50.00 :fee shall be returned to the complainant, but i:f no violation 

of the code is indicated, the fee shall revert to the treasury of the 

as ociution, to be used in the general administration of the Code. 

6. This Code hall be in effect beginning ten days after its approval 

by the Pr ident of the United States. 

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