Approved Code No. 205 Registry No. 1122-1-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

METAL WINDOW INDUSTRY 

AS APPROVED ON JANUARY 13, 1934 

WE DO OUR PART 

UNITED STATES 

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WASHINGTON: 1934 

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.A-pproved Code No. 205 

CODE OF FAIR COMPETITION 

FOR THE 

METAL WINDOW INDUSTRY 

As Approved on January 13, 1934 

ORDER 

APPROVING CODE OF FAIR COMPETITION 

FOR THE 

METAL WINDOW INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the N ational ·Industrial 

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

Fair Competition for the Metal Window Industry, and hearings 

having been duly held thereon and the annexed report on said Code1 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, Hugh S. 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 

Competition be and it is hereby approved. 

HUGH S. JOHNSON, 

Administrator for Industrial R ecovery. 

Approval recommended: 

MALCOLM MmR, 

Division Administrator. 

1VASHINGTON, D.C., 

January 13, 1931;.. 

80482°----313-10----34 (133) 
The PREsmE:r..TT, 

The lV hite House. 

Srn: This is a report on the Code of Fair Competition for the 

Metal Window Industry in the United States, as revised after the 

hearing conducted in Washington on October 11, 1933, in accordance 

with the provisions of the National Industrial Recovery Act. 

PROVISIONS OF THE CODE AS TO HOURS, WAGES, AND GENERAL LABOR 

PROVISIONS 

This Code provides for a maximum work week of forty hours with 

the following exceptions : 

(a) Employees engaged as travelling salesmen or in a managerial 

or executive capacity who. earn not less than thirty-five dollars 

($35.00) per week; 

(b) Employees engaged in emergency maintenance or emergency 

repair work and watchmen. 

Thi Code establishes a minimum rate of pay for forty cents ( 40¢) 

per hour with the exception that clerical and office employees shall 

be paid not less than at the rate of fifteen dollars ($15.00) per week 

and, further, that superannuated employees may be paid less than 

the minimum rate when employed on light work. 

No person under sixteen years of age shall be employed in this 

Industry. The Code provides that no employer shall reclassify 

employees for the purpose of defeating the provisions of the Act, 

and contain provisions for the posting of copies of the Code and 

for the payment of all wages in regular pay periods. 

ECONOMIC EFFECTS OF THE CODE 

According to the statistical analysis of the Division of Research 

and Planning, the total sales of the products of this Industry have 

decreased from $33,440,000 in 1929 to $1,700,000 for the first six 

month of 1933. The Industry is to a large extent controlled by the 

activities of the construction industry. 

The data furnished to the Division of Research and Planning 

would indicate that reemployment should be effected on the continuation of the present volume of business. Further reemployment will 

be dependent on and in direct proportion to the trend of general construction. The minimum wage rate established in this Code should 

increase the wages of approximately thirty percent of the factory 

employees in this Industry, and, further, equitable reaclju tment oi 

wages is provided for all employees receiving more than the 

minimum wage rate. 

(134) 
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 ; 

I find that: 

(a) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including 

removal of obstructions to the free flow of interstate and foreign 

commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among the trade groups, 

by inducing and maintaining united action of labor and management 

under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the fullest possible 

utilization of the present productive capacity of industries, by 

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

agricultural products through increasing purchasing power, by 

reducing and relieving unemployment, by improving standards of 

labor, and by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 employees; and is not classified by me as a major industry. 

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

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

industrial group truly representative of the aforesaid Industry; and 

that said group imposes no inequitable restrictions on admission to 

me1nbership therein. 

(d) The Code is not designed to and will not permit monopolies or 

monopolistic practices. 

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

small enterprises and will not operate to discriminate against them. 

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

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

Code. 

For these reasons, therefore, I have approved this Code. 

Respectfully, 

WASHINGTON, D.C., 

J arvuary 13, 1934. 

(135) 

HuGH S. JoHNSON, 

Administrator. 
CODE OF FAIR COMPETITION 

FOR THE 

METAL WINDOW INDUSTRY 

ARTICLE I-PURPOSES 

To effect the policies of Title I of the National Recovery Act, 

this Code is submitted as a Code of Fair Competition for the Metal 

Window Industry, and upon approval by the President, its provisions shall be the standard of fair competition for such industry 

and shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term "Metal Window I ndustry" or the " I ndustry", as used herein, is defined to mean the manufacturing 

and the selling and installing (by the manufactur-er) of industry 

products. 

SEc. 2. The term " industry products " as used herein is defined 

to mean and include the following : 

(A) Metal windows except that the following are not included : 

(1) Windows constructed of metal-covered wood-work, and 

(2) Windows of which the frame and/ or sash sections are constructed predominantly of cast metal or of structural iron or structural steel shapes, and 

(3) Windows of which the frame and/or sash sections are constructed predominantly of nonferrous metal of specially designed 

or dimensioned frame and/ or sash sections for a specific project. 

(B) Hot rolled or pressed steel subframes and pressed steel stools 

(manufactured by members of this industry), which are an integral 

part of the metal window. 

(C) ~Iechanical operators for metal windows. 

(D) Industrial Type Steel Door . The term "industrial type 

steel door as used herein is defined to mean and include a door constructed with the stiles and rails of cold rolled, drawn, formed or 

pre sed teel, or built-up using hot rolled structural steel shapes, and 

having a sa h panel con isting of a metal window (as described in 

Section 2 (a) of this Article) together with a steel frame for such 

door con tructed of cold rolled, formed, pressed steel, or built-up 

using hot rolled structural steel shapes. 

SEc. 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 or its own behalf. 

(136) 
137 

SEc. 4. The term " member of the Code " includes any member of 

the industry who shall expressly signify assent to this Code by sign- ing and delivering to the Code Authority a letter substantially in the 

form as set forth in Attachment A attached hereto. 

SEc. 5. The term "employee" as used herein includes any and all 

persons engaged in the industry, however compensated, except a 

member of the industry. 

SEc. 6. The term " dealer " includes, but without limitation, any 

individual, partnership, association, corporation, or other form of 

enterprise engaged in the purchase of industry products for resale. 

SEc. 7. The term " trade " as used herein means all channels of 

distribution for the products of this industry. 

SEc. 8. The term "Institute" as used herein is defined to mean 

the "Metal Window Institute." 

SEc. 9. The term "Commissioner" refers to the executive of the 

Institute then in office who bears that title. 

SEc. 10. The terms "Act" and "Administrator" as used herein 

shall mean respectively Title I of the National Industrial Recovery 

Act and the Administrator for Industrial Recovery. 

ARTICLE III-HouRs 

MAXIMUM HOURS 

SECTION 1. No employee, except as hereinafter provided in the 

Article, shall be permitted to work in excess of forty ( 40) hours in 

any week (seven (7) day period) or eight (8) hours in any day 

(twenty-four (24) hour period) or six (6) days in any week (seven 

(7) day period), except that a tolerance not to exceed two (2) hours 

in any day (twenty-four (24) hour period) may be permitted in 

cases of special emergency manufacturing operations for a specific 

project under a specific and binding contract, provided, however, 

that the maximum number of hours worked in any one week (seven 

(7) day period) shall not exceed forty (40) hours. In any such 

special case all hours worked in excess of the normal, that is, eight 

(8) hours in any day (twenty-four (24) hour period), shall be reported to the Code Authority indicating the reason for and the number of employees engaged in such special emergency manufacturing 

operations. 

HOURS FOR CLERICAL AND OFFICE EMPLOYEES 

SEc. 2. No person employed in clerical or office work shall be permitted to work in excess of forty ( 40) hours in any week (seven 

(7) day period), or eight (8) hours in any day (twenty-four (24) 

hour period), or more than twelve (12) days in any fourteen (14) 

day period. 

EXCEPTIONS AS TO HOURS 

SEc. 3. The provisions of this Article shall not apply to traveling 

salesmen or to persons employed in a managerial or executive capac- ity who earn not less than thirty-five dollars ($35.00) per week, or 
138 

to employees engaged in emergency maintenance or emergency 

repair work. 

SEc. 4. Employees engaged on installation work may be permitted 

to work not in excess of forty ( 40) hours in any week (seven (7) 

day period), nor eight (8) hours in any day (twenty-four (24) hour 

period), nor more than five (5) days in any seven (7) day period. 

SEc. 5. Employees engaged as watchmen at the establishment of 

the manufacturer may be permitted to work not in excess of fifty-six 

(56) hours in any week, nor in excess of six (6) days in any week 

(seven (7) day period). 

EMPLOYMENT BY SEVERAL EMPLOYERS 

SEc. 6. No employer shall knowingly permit any employee to 

work for any time which, when totaled with that already performed 

with another employer or employers in this industry, exceeds the 

maximum permitted herein. 

AnTICLE IV-WAGES 

MINIMUM WAGES 

SECTION 1. No employee shall be paid in any pay period less than 

at the rate of forty cents ( 40¢) per hour, except as hereinafter otherwise provided. 

MINIMUM WAGES FOR CLERICAL AND OFFICE EMPWYEES 

SEc. 2. No clerical or office employe·e shall be paid in any pay 

period less than at the rate of fifteen dollars ($15.00) per week of 

forty (40) hours, except that office boys and/ or girls under eighteen 

(18) years of age shall be paid not less than eighty percent (80%) 

of the said rate. Such office boys and/or girls shall be limited in 

any calendar month to one (1) for each twenty (20) office employees 

employed by any one employer. 

PIECEWORK COJ.\IIPENSATION- MINIMUM WAGES 

SEc. 3. This Article establishes a minimum rate of pay which shall 

apply, irrespective of whether an employee is actually compensated 

on a time-rate, piecework, or other basis. . 

OVERTilfE FOR EMERGENCY WORK 

~EC. 4. Employees engaged on emergency maintenance or emergency repair work, shall be paid at least one and one half (11j2 ) 

times the normal rate for hours worked in excess of the eight (8) 

hours in any one day (twenty-four (24) hour period), or forty 

( 40) hours in any seven ( 7) day period, as provided in Article III. 

Such overtime shall not exceed six (6) hours in any seven (7) day 

period except in cases of emergency maintenance or emergency 

repair work involving breakdown;; or protection o.f life or property, 

provided that all such cases of emergency work shall be reported 

to the Code Authority. 
139 

EVASION THROUGH REEMPLOYMENT 

SEc. 5. No employee now employed at the rate in excess of the 

minimum shall be discharged and re-employed at a lower rate for 

the purp-ose of evading the provisions of this Cod" 

WAGES ABOVE THE l\HNDIU:l\1: 

SEc. G. An equitable adjustment shall be made in the wage differentials for all employees receiving more than the minimum wage 

as provided in this Code unle,ss such adjustment has already been 

made, and in no case ,shall the wage differentials be decreased. All 

action taken under this section shall be reported to the Code 

Authority. 

FE)IALE EMPLOYEES 

SEc. 7. Female employees performing substantially the same work 

as male employees shall receive the same rate o.f pay as male employee.s. 

SUPERANNUATED EMPLOYEES 

SEc. 8. A person who ·e earning capacity i limited because of 

age or physical or mental handicap may be employed on light work 

at a wage below the minimum~ established by this Code 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 list 

of all such persons employed by him. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. No person under sixteen (16) years of age shall be 

employed in the industry. No person under eighteen ( 18) years of 

age shall be employed at operations or occupations which are hazardous in nature or dangerous to health. The Code Authority shall 

submit to the Administrator within 30 days after the effective date 

of this Code a list of such operations or occupations. In any State 

an employer shall be deemed to have complied with this provision 

as to age if he shall have on file a certificate or permit duly issued 

by the Authority in such State empowered to issue employment or 

age certificates or permits showing that the employee is of the 

required age. 

PROVISIONS FROl\I THE ACT 

SEc. 2. In compliance with Section 7 (a ) of the Act it is provided: 

(a) That employees 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, and 

30482 °----313-10----34----2 
140 

(b) That no employee and no one eeking employment shall be 

required a a condition of employn1ent to join any company union o:r 

to refrain from joining. organizing or a sisting a labor organiza- tion of hi own choo ing and 

(c) That employer hall comply with the maximum hours of 

labor, minimum rates of pay and other conditions of employment 

approYed or pre cribed by the Pre iclent. 

RECLA IFICJ.TIO~- OF E:\IPLOYEES 

EC. 3. 1. To employer .·hall recla ·~ ify employees or duties of occupation performed for the purpo e of defeating the provi ion of the 

Act or of thi Code, nor hall any en1ployer engage in any other 

subterfuge for thi purpo e. 

'TAXD.:\.RD FOR SAFETY A.~D HEALTH 

SEc. ±. E\ery employer shall make rea onable proYi ion for the 

afety and health of hi · employee at the place and during the hours 

of their employment. Standar l for safety and health hall be 

ubmitted by the Code Authority to the Admini trator within sixty 

( 60) days after the effective date of tlli Code. 

TATE L .-\W 

EC. 5. No pro\I wn in this Code ·hall uper ede any State or 

Federal law which impo e on employers more tringent require- ment a · to age of employee , wages hour of work or a to afety, 

health, sanitary or general working condition or insurance or fire 

protection, than are impo eel by this Code. 

POSTIXG 

.EC. 6. On and after the effective date of this Code all employers 

agree to po t and keep po ted in acce_ ible places in their office and 

fa ctorje all proYi ion of this Code \lhich affect hour · of employment, rate of pay, and all other labor provi ions. 

PA.Y::\IEXT OF WAGE 

SEc. 7. All employer hall make payment of all wage due in lawful currency or by neo·otiable check therefor, 1 ayable on demand. 

1\ age hall be pail at the end of each weekly period. The e wage · 

hall be exempt from any pa Tment for pen ion , in urance or uch 

benefit other than those Yoluntarily paid by employees. Employer 

or their ngents hall not accept lirectly or indirectly, rebate. on uch 

wage or gi\e anything of \alue nor extend any favor to any per on 

for the purpo e of influencing rate of ''ages or workino- conditions 

of their employee . The pro\i ion. of thi ection regar ling payment of wage at the 

end of each " -eekly period hall not appl} to per ·on employed in a 

managerial or execntiYe capacity \Vho arn not le s than thirty-five 

dollar (;35.00) per week nor to per.-ons employed in clerical or 
141 

office work. The wages for persons employed in clerical or offic6 

work shall be paid at the end of pay periods not to exceed bi-monthly 

periods. 

ARTICLE VI-OnGA:NIZATION, PowERs, A ND D uTIES OF THE CoDE 

AuTHORITY 

ORGA NIZATION AND CONSTIT U TION 

SECTION 1. A Code Authority is hereby constituted to cooperate 

with the Administrator in the administration of this Code. 

SEc. 2. The Code Authority shall con ist of ix (6) members· of the 

industry, to be elected as follows : 

:Members of the industry shall elect the indu try members of the 

Code Authority by a majority vote of the members of the industry, 

provided, however, that five ( 5) of such members of the Code Authority ·hall be director , officers, or executives of members of the 

Institute, and one ( 1) such member of the Code Authority hall be 

elected from the Erector , offi cers, or executiYes of a nonmember of 

the Institute, if any, except that in the event not less than eighty 

percent ( 80 ) of the members of the indu. try are al o members of 

the Institute, then all the members of the Co le Authority may be 

elected from the members of the In -titute, and provided, further, that 

not more than one (1) such Institute industry member of the Code 

Authority shall be elected from the .-ame member of the industry. 

SEc. 3. The In titute is hereby do ignated as the agency to conduct an election of the members of the Code Authority '"ithin ten 

(10) days after the effective date of this Code, and any other elections 

of members of the Code Authority which may thereafter be held. 

:Member · of the Code Authority shall be elected to serve for a term 

of one (1) year or until their ·uccessors are elected at the next annual 

meeting of the members of the inclu. try. 

In the event of any vacancy in the membership of the Code Au. 

thority, a , pecial meeting of the members of the industry for an 

election to fill the incomplete terms of such members shall be called. 

Notice of the time and place of each election hall be sent by regi ·- terecl mail to all member of the industry at leasr ten (10) days in 

advance of ·uch election, and voting at such election may be by 

person, by proxy, or by letter ballot. Not more than one (1) representative of each member of the industry shall vote at any election. Each member of the industry shall be entitled to one vote for each 

one hundred thousan l dollars ($100,000) of net sales of industry 

pro luct · in the previous calendar year, provided that no such mem- ber shall have more than three ( 3) votes, and provided further, that 

each member shall have at least one vote, irre pective of the amount 

o.f net sales reported. 

SEc. 4. In addition to membership a · above provided, there may 

be three (3) members, without vote, to be appointed by the Administrator to serve for terms of from six ( 6) months to one ( 1) year 

so arranged that the terms do not expire at the same time. Such 

representatives, together with the Administrator, shall be given 

notice of, and may sit at, all meetings of the Code Authority. 
142 

SEc. 5. The Institute shall (1) impose no inequitable restrictions 

on membership, and (2) submit to the Administrator true copies of 

its articles of association~ bylaws, regulations, and any amendment3 

when made thereto, together with such other information as to membership, organization, and activities as the Adm.inistrator may deem 

necessary to effectuate the purposes of the Act. 

SEc. G. In order that the Code Authority shall at all times be truly 

representative of the industry and in other respect comply with 

the provisions of the Act, the Administrator may prescribe such 

hearings as he may deem proper; and, thereafter if he shall find 

that the Code Authority is not truly representative or does not in 

other respect, comply with the provisions of the Act, may require an 

appropriate modification in the method of selection of the Code 

Authority. 

SEc. 7. Memb rs of the industry shall be entitled to participate in 

and share the benefits of the activities of the Code Authority and to 

participate in the selection of the members thereof by assenting to 

and complying with the requirements of this Code and sustaining 

their re c:onable share of the expenses of its administration. Such 

reasonable share of the expenses of administration shall be determined by the Code Authority, subject to review by the Administrator, 

on the basis of volume of bu inos and/or . uch other factors as may 

be deemed equitable. 

SEc. 8. Nothing contained in this Code . hall constitute the mem- ber.;; of the Code Authority partners for any purpose. Nor shall 

any member f the Code Authority be liable in any manner to anyone for any act of any other member, officer, agent, or employee of 

the Code Authority. Nor ·hall any member of the Code Authority, 

exerci ·ing reasonable diligence in the conduct of his duties hereunder, be liable to anyone for any action or omission to act under 

th]s Code, except for his own willful misfeasance or nonfeasance. 

POWERS AND DUTIES 

SEc. 9. The Cod Authority shall have th following further 

power and dutie:, the exercise of which hall be subj ect to the right 

of the Admini. trator, on review, to disapprove. 

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

compliance of the industry with the provisions of the Act. 

(b) To adopt byla-ws and rules and regulations for its procedure 

and for the admini tration and enforcement of the Code. 

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

reports a are required for the administration of the Code. No individual reports shall be discloc:ed to any other member of the industry or any other party except to such governmental agencies as 

may be direct d by the Administrator. 

(d) To e the lVfetal 'Vindow Institute and/ or uch other agency 

as it deems proper for the carrying out of any of its activities pro- ~ vided for herein, provided that nothing herein shall relieve the Code 

Authority of its duties or responsibilitie under thi Code and that 

such trade as ·ociation andj or ag·en y shall at all time· be subject to 

and comply with the provision hereof. 
143 

(e) To make recommendations to the Administrator for the coordination of the administration of this Code with such other codes, 

if any, as may be related to the industry. 

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

Code Authority and its activities. 

(g) To cooperate 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. 

(h) To recommend to the Administrator 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, provided that no member of the industry shall 

have the power to investigate directly the manufacturing procedure 

of any other member of the industry without tb.e ·con:;ent of such 

member. 

ARTICLE VII-TRADE-PRACTICE RuLES 

GENERAL DEFINITION 

For all purposes of the Code the acts described in this Article 

shall constitute unfair practices. Any member of the industry who 

shall, directly or indirectly, through any officer, employee, agent, 

or representative, knowingly use, employ, or permit to be employed, 

any of such unfair practices shall be guilty of a violation of the Code. 

Rule 1. Selling below cost.-N o member of the industry shall sell 

any industry product at a price below his own indivichw.l cot. However, any member may meet the price competition of anyone whose 

costs under the Code are lower. 

Pursuant to the provisions of Article VI, the Code Authority 

shall formulate or cause to be formulated standard methods or systems of cost accounting for use in this indu try, which methods~ or 

systems shall be adaptable to the cost accounting procedure of and 

to the business of this industry. Such methods or systems shall 

specify the factors that shall determine the cost for each member of 

the industry pursuant to the provisions of this section. Upon approval of such methods or systems by the Administrator, the Code 

Authority shall furnjsh to each n1ember of the industry complete 

details of such methods or systems. Thereafter in determining costs, 

each member of the industry shall use a cost-accounting system 

which shall conform to and be at least as complete and detailed as 

the cost-accounting method or system recommended by the Code 

Authority and approYed by the Administrator. 

Rule 2. Price- Discri?nination.-Any discrimination in price for 

industry products between purchasers of the same grade, quality, cr 

quantity of products sold, after making due allowance for cost of 

fabrication, selling, ervicing, an l transportation is an unfair method 

of competition. 

Rule 3. Secret R ebates.-The secret payn1ent or allowance of 

rebates, refunds, commissions, or unearned discounts, whether in 

the form of money or otherwise, or secretly extending to certain purchasers special service , credit allowances, or other privileges, with 
144 

the intent and/or effect, directly or indirectly, of elling industry 

producL at term more favorable to the buyer than the eli ·count 

~chedules and/or terms and conditions of ·ale filed with the Code 

Authority i an unfair method of competition. 

Rule 4. Commercial B ·ribe1·y.-N o member of the in<lustry shall 

giYe permit to be giYen or directly offer to give, anything of value 

for the purpose of influencing or rewarding the action of any 

employee agent, or repre entative of another in relation to the 

lm ine s of the employer of nch employee, the principal of such 

agent or the repre ·ented party, without the knowledge of such 

employer principal or party. Commercial bribery proYi ions shall 

not be con trued to prohibit free and general distribution of articles 

commonly u eel for ach·erti ing, except so far a such article · are 

actually u eel for commercial bribery, a hereinabove describeu. 

Rule 5. Contingent Quotations.-:Making the acceptance of any 

eparately priced nonindu try material in a quotation for industry 

product o.r the making of another quotation for a noninlustry 

material contingent upon the a ceptance of a quotation for industry 

product , where the purpose or the effect thereof i · to secure to a 

buyer a special price i an unfair method of competition. 

Rule 6. Combined Quotations.-No member of the inclu try ·hall 

combine the r equirement for the proclu ts of this indu try for two 

or more distin"t an l separate projects in one quotation to the same 

purchaser for the purpo. e and with the intent of concealing the 

true selling price for the product of ach or all of such projects. 

Under thi section a project hall be considered eli tinct and separate 

from another project unless constructed on the ame ite and the 

awarding authority, including the owner, and hi. agents (including 

the architect and the engineer) are the ame entities. 

Rule 7. , 1ubstitutio·n of M ate1•ials.-Deliberate departure from 

plans and sp€cification when quoting on contract requirements if 

made for the purpose or with the effect of mi. leading the buyer 

as to the grade, quality, or quantity of products offered or sold, 

or the quotation of any sub"titute material without clearly identifying the nature of such ub titute material, is an unfair method of 

competition. 

Ri1le 8. IllusoTy Conh·acts.-The po tdating or predating of a 

quotation, contract whether written or verbaL invoice or receipt, the 

withholding from or inserting in a contract or invoice fact· which 

make it a fal e record wholly or in part of the tran action represented on the face thereof and/ or entering into a contract for industry product for the purpo e of avoiding one's obligations under 

Article VIII is an unfair trade practice. 

Rule 9. Combination Sales of Industry and N on-IncrustJ·y Pl'od- 'Ltcts.-N o member of the industry shall combine quotations for any 

product of thi · industry with any quotation for any other material 

labor, or service, for the purpose and with the intent of concealing 

the true . elling price of the product of thi industry. 

Rule 10. Inducing B1'each of Contracts.-No m mber of the industry shall induce or attempt to induce the brea h of existing contracts between member of the indu try an l their en tomer , or 

interfere with or obstruct the performance of any such contractual 
145 

duties or services with the purpose or effect of ha1npering, injuring, 

or embarrassing competitors in their business. Rule 11. Defmnation of 001npetitors.-N o member of the industry 

shall defame or disparage competing members of the indu try by 

falsely imputing to them dishonorable conduct, inability to perform 

contracts or to make deliveries, questionable credit standing, or by 

other false reports having the tendency to mislead or deceive customers or prospective customers. Rule 12. Enticement of Employees.-N o member of the industry 

shall maliciou -Iy entice an employee or repre entative of a competitor from his employment for the pur.po e or effect of injuring or 

en1barrassing such a competitor in his busines . Nothing herein 

shall prevent an employee or representative from offering his services to a competitor nor prevent any member from employing an 

employee of another member where the initiatiYe for such change of 

employment comes from the employee or repre entative. 

E,ule 13. Blacklisting.-N o member of the indu try shall join or 

participate with other members of the indu try who with such 

member constitute a substantial number of members of the industry 

or who together control a substantial percent of the business in any 

specific product or products of the industry, in any tran action 

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

as a white list), which accompli ·hes the purpose of a blacklist. 

Rule 14. lnaccUJYde Advertising.-N o member of the industry 

shall publish advertising (whether printed, ra lio, display, or 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 limitations, 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 bu iness conducted. 

Rule 15. I naccurate R ef erences to Co1npef'itors, etc.-No member 

of the industry shall publi ·h advertising which refers inaccurately 

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

values, credit terms, policie , or service . . 

Rule 16. Other Unfair Trade Practices.-Nothing in this code 

shall limit the effect of any adjudication by the Courts or holding by 

th~ Federal Trade Commission on complaint1 finding, and order 

that any practice or method is unfair, providing that such adjudication or holding is not inconsistent with any provision of the Act 

or of this Code. 

ARTICLE VIII-PuBLICITY OF PmcEs, TERl\lS, AND CoNDITIO -s oF 

SALE 

SECTION 1. \Vithin fifteen (15) days after the effe tive date of 

this Code each member of the industry shall file and shall maintain 

on file with the Code Authority, or with such agency as the Code 

Authority may designate, a full and complete . ·chednlc of its discounts f.o.b. shipping point and terms and cpnclitions of sale and 

]nstallation to its trade for : 

(a) Industry products manufactured of ..:teel, and 
146 

(b) 'iVindow screens (steel, aluminum, or bronze) which are 

an integral part of a metal window and sold and/ or installed 

as a part of an industry product. 

and which are generalized on pages 100-106 incl., of Section I "Gen- eral Information ', dated May 1, 1932, and which discounts, terms, 

and conditions of sale are applicable to the Gross List Prices 

scheduled under: 

INDU TRY PRODUCTS 

(a) Section IV. "Sub-frames", pages 401-403 incl., dated 

Aug. 1, 1933 · and 

(b) Section \ . ' Various and Special ', pages 501, 551-554 

incl., dated Aug. 1, 1933 · and 

(c) Section VI. " Pivoted vVindows ", page. 600-607 incl., 

elated May 1, 1932, pages 651-652, elated Aug. 1, 1933, pages 

653-654, dated May 1, 1932, pages 655-656, dated Aug. 1, 1933; 

and 

(d) Section YII. ' Commercial Projected", pages 700- 703 

incl., pages 751-752, dated May 1, 1932, and page 753, dated 

Aug. 1 1933; and 

(e) Section VIII. ' Architectural Projected ", pages 800-801, 

851-852, elated ~!fay 1, 1932; and 

(f) Section IX. "Continuous \Vindows ", page 900, dated 

May 1, 1932; and 

(g) Section X. " Mechanical Operators", pages 1000-1003 

incl., dated ~fay 1, '1932, pages 1005-1006, dated Aug. 1, 1933; 

and 

(h) Section XI. ''Doors", page 1100, dated May 1, 1932, 

pages 1101-110± incl., pages 1110-1112 incl., pages 1120-1122 

incl., pages 1131, 1132 1141, 1142, 1151, 1152, 1161, 1162, 1171, 

1172, 1173, dated Aug. 1, 1933; and · 

(i) Section XII. " Detention Windows", pages 1201, 1225-

1229, incl. ~ 1251-1254 incl., 1275-1278 incl., dated Aug. 1, 1933; 

and 

(j) Secti~m XIII, "Spring-balance \iVinclow ", pages 1301-

1304 incl., 1351-1354, incl., elated Aug. 1, 1933; and 

(k) Section XIV, "Double-hung V\Tindows ", pages 1401-

1406, incl., dated Aug. 1, 1933; and 

(l) Section XV, "Basement 'Vindows ", page 1501, dated 

Aug. 1, 1933; and 

(m) Section XVI, "Light Ca ements '', page: 1601-1603, 

incl., 1605, 1651, 1652, elated Aug. 1, 1933; and 

(n) Section XVII, "Intermediate Ca ements ", pages 1701-

1704, incl., 1751-1758, incl., dated Aug. 1, 1933; and 

( o) Section XVIII. "Casement Projected", pages 1801-1804, 

incl., an l 1851, dated Aug. 1, 1933; and 

(p) Section XIX, "Casement Combination", pages 1901-

1906, incl. elated Aug. 1, 1933; and 

( q) Section XX, "Heavy Casements", pages 2001-2011, incl., 

dated Aug. 1, 1933 · and 

(r) Section XXI, "Inswing Ca ement Combination ', pages 

2101-2104, incl., 2151, 2152: dated Aug. 1, 1933; and 
147 

NONINDUSTRY PRODUCTS 

(s) Section III, "Screens", pages 301-319, incl., and pages 

351 and 352, dated Aug. 1, 1933, 

which sections are part of a Schedule of Gross List Prices issued by 

the Metal vVindow Institute, a copy of which has been filed with 

the Administrator, and is incorporated in this Code by reference. 

SEc. 2. Copies of all such schedules of discounts, terms, and conditions of sale shall be immediately distributed by the Code Authority 

to all members of the industry and such schedules of discounts, terms, 

and conditions of sale, and the " Gross List Prices " as heretofore 

mentioned shall be open to inspection at all reasonable times by any 

interested party. 

SEc. 3. Each l'lWmber of the industry may file with the Code Authority a revised schedule of discounts, terms, and conditions of 

sale from time to time thereafter, provided, however, that sucli 

revisions shall be filed on the tenth (lOth) day in advance of the 

effective date of any such revision. 

SEc. ~. Copies of all such revised discounts, terms, and conditions 

of sale shall be immediately distributed by the Code Authority to 

each member of the industry, who may thereupon file a revision 

of its schedule of discounts, terms, and conditions of sale on file, 

and applicable to the industry products involved, and such revisions 

shall become effective upon the date when the first such revised 

schedule shall go into effect. 

SEc. 5. All such schedules shall include all discounts, terms, and 

conditions of sale to each of the member's class of trade, provided 

however, that no schedule shall provide for prices less than the member's individual cost as determined by Rule 1 of Article VII, unless 

such schedule is filed to meet the lower cost of a competitor, pursuant to the provisions of Rule 1 o:f Article VII hereof. 

SEc. 6. All discount schedules so filed shall follow the uniform 

outline for publishing discounts as may hereafter be adopted by 

the Code Authority as most appropriate for use in the marketing of 

the industry products included in the Gross Price Lists. 

SEc. 7. Members of the industry shall file and maintain on file 

list prices, together with all discounts, terms, and conditions of sale 

applicable thereto, in the same manner as described in the foregoing 

sections of this Article, for all industry products not now included 

in the " Gross List Prices " covered by Section 1 of this Article and 

specifically including industry products which may subsequently be 

manufactured by members of this industry and included under 

Section 2 of Article II. 

SEc. 8. No member of the industry shall sell or offer for sale any 

industry product to which such discounts apply at such prices or 

on such terms and conditions of sale as will result in the purchaser 

obtaining such product at less than the prices determined by the 

discounts previously filed by such member, or on more favorable 

terms and conditions than the terms and conditions of sale previously 

filed by such member, in accordance with the provisions of this 

Article and in effect at the time of such sale. 

SEc. 9. No member of the industry shall render any service, other 

than advice or consultation, to any purchaser of any industry prod-
148 

uct, in connection with the sale or installation of any such product.] 

unless a schedule of such services shall have been previously filed 

with the Code Authority, pursuant to the provisions of this Article, 

and unless fair compensation for such services shall be paid by the 

purchaser. 

ARTICLE IX-INSTALLATION (FIELD ERECTION) 

SECTION 1. The industry submits that one of the serious abuses 

affecting it in the past has been the faulty installation of industry 

products by nonmembers of the industry, for which members of this 

industry have been called upon to bear responsibility. To remedy 

this abuse it is provided that members of the industry shall include 

the installation (field erection) of the products of this industry, in 

all quotations and/or contracts for the sale of such products in excess 

of $3,000.00 for Light Casements, $2,000.00 for Double Hung Windows, and $1,000.00 for all other products (all based on the net 

f.o.b. selling price to the trade quoted as provided herein by Article 

VIII) , except that the installation (field erection) of the following 

classes of industry products is not required to be included in any 

quotation or contract involving such products, regardless of the 

amount of such quotation or contract: 

(a) Pressed Steel Subframes Section IV, 

(b) " Commodity Stock " and " Commodity Standard " products when sold to dealers, and 

(c) Industry products manufactured and introduced by a 

member of the industry under an exclusive patent, or controlled 

and manufactured by a member of the industry under a license 

by a patentee, 

which classification of products are identified by the schedule of 

" Gross Price List " mentioned herein in Article VIII. 

SEc. 2. It shall be one of the duties of the Code Authority to 

study conditions in the industry with respect to the problem of the 

proper installation (field erection) of industry products and to submit to the Administrator within ninety (90) days after the effective 

date of the Code, its recommendations concerning such problem and 

the operation of the provisions of Section 1 of this Article. The 

Administrator may, thereupon, if he deems it necessary, provide a 

hearing to further determine whether the provisions of Section 1 

are effectuating the policies of the Act and, thereafter, if he finds 

that such provisions, either in whole or in part, are not effectuating 

the policies of the Act, may require an appropriate modification, or 

the elimination thereof. 

ARTICLE X-LABOR PRoviSIONS FoR INsTALLATION (FIELD ERECTION) 

Members of the Industry engaged in installation (field erection) 

of the products or commodities of this Industry, shall be governed 

by the hours, wages, and other labor provisions of such approved 

code or codes for the construction industry as may be applicable 

thereto, to be determined, in cases of doubt, by the Administrator 

after such notice and hearing as he may prescribe. 
149 

ARTICLE XI-PENALTIES AND LIQUID .A TED MAGE~ 

SECTION 1. Any violation of any provision of this Code by any 

member of the industry shall constitute a violation of the Code by 

such member. 

SEc. 2. Recognizing that the violation by any member of the Code 

of any of the rules of fair. competition expressed in Rules 1, 2, 3, 

4, r>, 6, 7, 8, 9, and 10 of Article VII, in Sections 8 and 9 of Article 

VIII, and in Section 1 of Article IX of the Code will disrupt the 

normal course of fair competition in the industry and undermine 

the fair wages and reasonable working hours herein undertaken, 

besides inflicting serious damages on other members, and that it 

will be impossible fairly to assess the amount of such damage to 

any individual member of the Code, it is hereby agreed by and 

among all members of the Code that each member of the Code who 

shall violate any of the above enumerated rules of f air competition 

shall pay to the Commissioner, in trust, as and for liquidated damages, a sum equal to not more than twenty percent ( 20% ) of the 

g-ross amount of any contract or order for industry products taken 

In violation of any such rule or rules. Such funds shall be applied 

to the administration of the Code. The Code Authority, by the 

affirmative vote of two thirds, may waive any liability for such 

liquidation damages as may be imposed by or pursuant to this provision of the Code, if, in its discretion, it so decides that such violation was innocently made and that the collection of such damage 

is not necessary in order to effectuate the policy of Title I of the 

National Industrial Recovery Act. 

SEc. 3. Every member of the Code shall sign and transmit to the 

Code Authority a letter in the form set forth in Attachment A 

appended hereto. 

SEo. 4. The penalty for violation of provisions of the Code by a 

member of the Code other than those above · enumerated shall be as 

provided in the National Industrial Recovery Act. 

ARTICLE XII-MODIFICATION 

SECTION 1. This Code and all the provisions thereof are expressly 

made subject to the right of the President, in accordance with the 

provisions of subsection (b) of Section 10 of the National Industrial 

Recovery Act, from time to time to cancel or modify any order, 

approval, license, rule, or regulation issued under Title I of the 

said Act and ·specifically, but without limitation, to the right of the 

President to cancel or modify his approval of this Code or any 

conditions imposed by him upon his approval thereof. 

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

be modified on the basis of experience or changes in circumstances, 

such modification to he based upon application to the Administrator 

and such notice and hearing as he shall specify, and to become 

effective on approval of the President. Any such application may 

be made by the Code Authority. 
150 

ARTICLE XIII-MONOPOLIES 

No provision of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE XIV-REPORTS 

In addition to information required to be submitted to the Code 

Authority, all or any of the persons subject to this Code shall furnish 

such statistical information as the Administrator may deem necessary for the purposes recited in section 3 (a) of the Act to such 

Federal and State A~encies as the Administrator may designate; 

and nothing in this vode shall relieve any person of any existing 

obligation to furnish reports to government agencies. 

ARTICLE XV-SUBSIDIARY Col\IPANIES 

Corporations or firms shall be considered to be affiliated to any 

member of the industry (called "the parent corporation") when 

the latter, either directly, or through any intermediate agency, owns 

a majority of the outstanding voting capital stock of the affiliate. 

Any such parent corporation shall be responsible for the observance 

by any affiliated corporation of all appropriate provisions of this 

Code. 

ARTICLE XVI-REGISTRATION OF ME1\IBERS OF THE INDUSTRY 

Each member of the industry shall within thirty (30) days of 

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

All members of the industry who may engage in the industry thereafter shall likewise register with the Code Authority. Registration 

of a member of the industry shall include the full name and mailing 

address of the member. T'he time limit for the registration by any 

member of the industry may be extended whenever, in the opinion 

of the Administrator, the time as provided herein might cause an 

inju tice to any member of the industry. 

ARTICLE XVII-EFFECTIVE DATE 

This Code shall become effective on the second Monday after its 

approval by the President. 

Approved Code No. 205. 

Registry No. 1122-1-01. 
ATTACHMENT "A" 

FoRM OF LETTER OF AssENT TO THE ConE 

To The Code AuthoTity, Metal Window IndttStTy, Washington, D.O. 

GENTLEMEN : The undersigned, desiring to become a member of the Code of 

Fair Competition of the Metal Window Industry, a copy of which is annexed 

hereto, hereby assents to and agrees to be bound by all the provisions of said 

code, and effective ten days after the approval of the Code by the President 

as therein provided, by the signing and delivery of this letter becomes a member 

and, effective as aforesaid, hereby agrees with every person, firm, association, 

and corporation who shall then be or thereafter become a member of the 

Code, that the Code shall constitute a valid and binding contract between the 

undersigned and all such other members, and that for all purposes of the Code 

the address of the undersigned until it shall file with the Commissioner written 

notice of a change of such address, shall be as set forth at the foot of this 

letter. 

Yours very truly, 

By 

(Official title) 

Addre s 

(151) 

0 


UNIVERSITY OF FLORIDA 

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