Approved Code No. 435 Registry No. 1129-1-09 

NATIONAL RECOVERY ADMINISTRATION 

C·ODE OF FAIR COMPETITION 

FOR THE 

SHOWER DOOR INDUSTRY 

AS APPROVED ON MAY 19, 1934 

WE DO OUR PARt 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved Code No. 435 

CODE OF FAIR COMPETITION 

FOR THE 

SH·O·WER DOOR INDUSTRY 

As Approved on May 19, 1934 

ORDER 

APPROVING ConE oF FAIR CoMPETITION FOR THE SHOWER DooR 

INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I, of the National Industrial 

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

Competition for the Showsr Door Industry, and hearin~s having 

been duly held thereon and the annexed report on said vode, 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 Recovery. 

Approval recommended : 

A. R. GLANCY, 

Division Administrator. 

wASHINGTON, D.C., 

M a;y 19, 1931;.. 

60377°--.--544--113----34 (253) 
REPORT TO THE PRESIDENT 

The PREsiDENT, 

The White House. 

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

Shower Door Industry, the hearing having been conducted in Washington on February 20, 1934, in accordance with the provisions o:f 

Title I of the National Industrial Recovery Act. 

INDUSTRY BACKGROUND 

The Shower Door Industry to a great extent is dependent upon 

the construction and building of high class hotels, apartment houses, 

ho pitals and private :residences. The industry, although comparatively small and new in the field of construction gives promise of 

taking a more prominent place in the future due to the increasing 

demand of the public for ultra-modern conveniences in building 

construction. 

HOURS AND WAGES 

The Code provides a standard work week of 40 hours for plant 

employees. Exception is made in regard to truckmen who shall be 

permitted to work 45 hours per week with a maximum average of 

not more than 40 hours a week during a four ( 4) consecutive weeks' 

period. Office employees are limited to an average of 40 hours per 

week. The minimum wage rate for plant and service employees is 

45 cents per hour. Mechanics helpers shall receive 90% of the minimum hourly rate and office employees a minimum wage of $16.00 per 

week. 

ECONOMIC EFFECT OF THE CODE 

The Industry employed in 1929 approximately 300 persons including office employee . Approximately 218 were factory workers. 

A light increase in employment will result from the reduction of 

hours to the 40 hour maximum work week. The minimum wage rate 

of 45 cents per hour will represent an increase in weekly wages 

for 23 percent of the employees. The Industry comprising approximately 23 concerns has an invested capital of about $500,000 and an 

average annual sales volum.e of approximately $1,000,000. 

FINDINGS 

The Deputy Admini tr·ator 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: 

(254) 
255 

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 complies 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 association is an Industrial Association truly representative of the aforesaid 

Industry; and that said Association imposes no inequitable restrictions on admission to membership 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 the approval of said 

Code. 

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

Respectfully, 

MAY 19} 1934. 

HuGHS. JoHNsoN, 

Administrator. 
CODE OF FAIR COMPETITION FOR THE SHOWER DOOR 

INDUSTRY 

ARTIOLE I-PURPOSES 

To effectuate the policies o£ Title I o£ the. National Industrial 

Recovery Act the following provisions are established as a Code 

o£ Fair Competition £or the Shower Door Industry, and shall be the 

standard o£ £air competition £or such industry and shall be binding 

on every member thereof. 

ARTICLE II-DEFINITIONS 

The term "Shower Door Industry" or" Industry" as used herein 

includes the manufacture and sale by the manufacturer o£ shower 

doors, bathtub and shower enclosures, composed o£ various metals 

and glass. 

SECTION 1. The. term " member o£ the industry " includes anyone 

engaged in the Industry either as an employer or on his or its own 

behalf. 

SECTION 2. The term " employee " as used herein includes any and 

all persons engaged in the industry, however compensated, except a 

member o£ the indus try. 

SECTION 3. The term "employer" as used herein includes anyone 

by whom such an employee is compensated or employed. 

SECTION 4. The terms "President", "Act", and "Administrator" 

as used herein shall mean, respectively, President o£ the United 

States, Title I o£ the National Industrial Recovery Act, and the Administrator for Industrial Recovery. 

SECTION 5. The term "Code Authority" as used herein means the 

body constituted under Article VI herein to administer this Code. 

SEcTION 6. The term "Association" as used herein is defined to 

mean the National Shower Door Manufacturers Association. 

ARTICLE III-Houns 

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

forty ( 40) hours in any week, or eight (8) hours in any twenty-four 

(24) hour period; except as herein otherwise provided. 

SECTION 2. No employees employed as truckmen shall be permitted 

to work in excess o£ forty-five (45) hours in any one week, with a 

maximum average of not more than forty ( 40) hours a week during 

a four ( 4) consecutive week period. 

SECTION 3. The maximum hours fix·ed in the foregoing sections 

shall not apply to any employees engaged in emergency maintenance 

or emergency repair work, involving breakdowns or protection of life 

or property, but in any such special case, at least one and one-half 

(256) 
257 

times the normal rate shall be paid for hours worked in excess of 

forty (40) hours per week or eight (8) hours per day. 

(a) The provisions of this Article shall not apply to traveling 

salesmen nor to persons engaged in executive, managerial, or supervisory capacities, who r eceive not less than $35.00 per week. 

SECTION 4. No employer shall knowingly permit any employee to 

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

with another employer or employers exceeds the maximum pern1itted 

herein. 

SECTION 5. Employers who personally perform manual work or are 

engaged in mechanical operations shall not exceed the maximum 

number of hours herein prescribed. 

ARTICLE IV-WAGES 

SEcTION 1. No employee shall be paid at a rate of less than fortyfive cents ( 45¢) per hour; except that, 

(a) Any employee engaged in clerical or office work shall be paid 

at not less than sixteen (16) dollars per week, but messengers and 

office boys may be paid at the rate of not less than eighty ( 80) 

percent of the wage rate paid to clerical or office help, provided 

that there shall be not more than one such employee to each twenty 

office employees or fraction thereof. 

SECTION 2. Piecework compensation. This Article establishes 

a minimum rate of pay which shall apply whether an employee is 

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

SEcTION 3. Equitable adjustments in pay schedules of all employees shall be made within thirty (30) days after the effective 

date of this Code by any employer who has not heretofore made 

such adjustments under the Act. Within sixty (60) days after 

the effective date, all such adjustments n1ade under the Act shall be 

reported to the Code Authority and the Administrator, provided 

that in no case shall hourly rates of pay be reduced. 

SECTION 4. This Article establishes rates of pay which shall be 

exempt from any charge, fines, and/or deduction by the employer. 

SECTION 5". An employer shall make payment of all wages due not 

otherwise than in lawful currency or by negotiable check, payable on 

demand. These wages shall be exempt from any payments for pensions, insurance, or sick benefits other than those voluntarily paid by 

the wage earners, or required by laws. vV ages shall be paid at least 

at the end of every two week period, and salaries at least at the end 

of every month. No employer shall withhold wages lawfully due 

and payable. 

SEcTION 6. No one shall accept special rebates or free services or 

other gratuities from employees which shall have the effect of a 

reduction in wages. 

SECTION 7. Mechanic's helpers between the ages of 18 and 21 are 

not included in the wage provisions of Section 1 of this Article, except that they shall in no case be paid less than 90% of the minimum 

rate per hour described in Section 1 and provided that the total 

number of such employees shall not exceed one employee for each 

ten employees, or fraction thereof, engaged in manufacturing operations; and provided also that at the end of his first year's service 
258 

any such helper hall be paid not less than the minimum wage rate 

described in Section 1. 

ARTICLE v 

SECTION 1. No person under eighteen ( 18) years of ag shall be 

employed in the industry. 

SECTION 2. Employees shall have the right to organize and bargain collectively throuah representatives of their own choosing, 

and shall be free from the interference, r estraint, or coercion of 

employers of labcr, or their agents, in the designation o£ such representatvie or in elf-organization or in other concerted activities for 

the purpose of collective bargaining or other mutual aid or 

protection. 

SECTION 3. No employee and no one seeking employment shall be 

required as condition o£ employment to join any company union or 

to refrain from joinino·, organizing, or assisting a labor organization of his own choosing. 

SECTION 4. Employers shall comply with the maximum hours of 

labor, minimum rate of pay and other conditions of employment 

approved or prescribed by the President. 

SECTION 5. Within each state this Code shall not supercede any 

Jaw of such state imposing more stringent requirements on employers regulating the age o£ employees, wages, hours of work, or health, 

fire protection, or insurance or general working conditions, than 

nnder this Code. 

SECTION 6. No employer shall reclassify employees or duties of 

occupations performed or engage in any other subterfuge for the 

purpose o£ defeating the purposes or provisions of the Act or of this 

Code. 

SECTION 7. This Code shall not supersede the provisions in any 

existing labor agreements establishing hours, wages and conditions 

of employment more favorable to employees than the provisions of 

this Code. 

SECTION 8. A days' work shall constitut€ eight (8) continuous 

hours of employment with not more than one hour . intermission 

during the course of this period for lunch or any other meal. 

SECTION 9. Every employer shall provide £or the safety and health 

o£ employees during the hours and at the places of their employment. 

Standards £or safety and health shall be submitted by the Code 

Authority to the Admmistrator within six months after the effective 

date of the Code. 

SECTION 10. All employers shall post copies of this Code in accordance with such rules and regulations as the Administrator may 

prescribe .. 

ARTICLE VI-ADMINISTRATION 

SECTION 1. To further effectuate the policies of the Act, a Code 

Authority shall be formed to cooperate with the Administrator in 

the admini tration of this Code. 

(a) The Code Authority shall consist of five members of the Industry, three of whom shall be members of the Association, who 

shall be elected by a majority vote of the Board of Directors of the 

As ociation. The two members who are not members of the Associ-
259 

ation shall be elected by member of the Industry not members of 

the Association by a mail ballot to be conducted by the Association 

within ten days after the effective date of the Code, such ballots to 

be sent by registered mail to all ascertainable members of the Industry not members of the Association and the Association shall certify 

the results of this election to the Administrator for approval. Each 

such member of the Code Authority shall serve for a term not exceeding one year or until his successor is elected, and shall have one 

vote. 

In addition, the Admini trator may appoint not more than three 

non-voting members to such Code Authority. 

SECTION 2. (1) It being found necessary to support the Administration of this Code, in order to effectuate the policy of the Act and 

to maintain the standards of fair competition established hereunder, 

the Code Authority is authorized: 

(a) To .incur uch reasonable obligations as are necessary and 

proper for the foregoing purposes and to meet such obligations out 

of funds which shall be held in trust for the purposes of the Code 

and raised as hereinafter provided: 

(b) To submit to the Administrator for his approval, subject to 

such notice and opportunity to be heard as he may deem necessary l 

1. An itemized budget of its estimated expenses for the foregoing purposes, and 

2. An equitable basis upon which the funds ne2essary to support 

such budget shall be contributed by all members of the 

Industry entitled to the benefits accruing from the maintenance of such standards, and the administration thereof; 

(c) After such budget and basis of contribution have been approved by the Administrator, to determine and collect equitable 

contributions as above set forth, and to that end, if necessary, to 

institute legal proceedings therefor in its own name. 

(2) Each member of the industry shall be liable for his or its 

equitable contribution to the expenses of the maintenance of the Code 

Authority as hereinabove provided. Only members of the industry 

complying with the Code and making such contribution shall be entitled to participate in the selection of the members of the Code Authority or to receive the benefits of its voluntary activities or to make 

use of any N .R.A. insignia. 

SECTION 3. The Code Authority shall have the following duties 

and powers. 

(a) Under such rules and regulations as the Administrator may 

prescribe, to insure the execution of the provisions of this Code 

and provide for compliance o£ the members of the Industry with 

the provisio11s of the Act and this Code. 

(b) The making of such reports as the Administrator may require and the collecting from members of the Industry periodically 

or as often as it may direct sworn or unsworn report on wages, 

hours of labor, conditions of employment, number of employees, 

and other matters pertinent to the provisions of this Code. 

(c) The causing to be formulated of an accounting system and 

methods of cost finding and/or estimating capable of use by all 

members of the Industry. After such system and method have 

been formulated and has been approved by the Administrator full 
260 

details concernin Cl' them shall be made available to all members. 

Thereafter all members shall determine and/ or estimate costs in 

accordance with the princi pies of such methods. 

(d) The appointing of a secretary who shall file and keep confidential any and all information requested by the Code Authority; 

the reports of individual members shall not be divulged to any 

member of the Industry -except in compiled summaries, but shall be 

available to the Administrator upon request. 

(e) To appoint a trade practice committee which shall meet with 

the trade practice committees appointed under such other codes as 

may be related to the industry for the purpose of formulating fair 

practices to govern the relationships between production and distribution employers under this Code and und-er such others to the end 

that such fair trade practices may be proposed to the Administrator 

as amendments to this Code and such other codes. 

(f) To cooperate with the Administrator in regulating the use 

of any National Recovery Administration insignia solely by those 

members of the Industry who have assented to, and are complying 

with, this Co<;Ie. 

SEcTION 4. No member of the Code Authority shall act in any 

matter involving a member of the Industry by whom he is employed 

or with whom he is associated or affiliated. 

SECTION 5. Any Association directly or indirectly participating 

in the selection or activities of the Code Authority shall ( 1) impose 

no inequitable restrictions on membership and (2) submit to the 

Administrator true copies of its articles of association, by-laws, 

regulations, and any amendments made thereto, together with such 

other information as to membership, organization, and adivities 

as the Administrator may deem necessary to effectuate the purposes 

of the Act. 

SEQTION 6. In order that the Code Authority shall at all times be 

truly representative of the Industry and in other respects comply with 

the provisions of the Act, the Administrator may provide 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 respects comply with the provisions of the Act, he may require an appropriate modification in the method of selection of such Code 

Authority. 

SECTioN 7. Nothing contained in this Code shall constitute the 

members of the Code Authority partners for any purpose. Nor 

shall any member of 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 shall any member of the Code Authority, exercising reasonable diligence in the conduct of his duties hereunder, be liable to anyone for any action or omission to act under 

this Code, except for his own wilful misfeasance or non-feasance. 

SECTION 8. If the Administrator shall determine that any action o:f 

a Code Authority or any agency thereof may be unfair or unjust or 

contrary to the public interest, the Administrator may require that 

su,ch action be suspended to afford an opportunity for investigation 

of the merits of such action and :further consideration by such Code 

Authority or agency pending final action which shall not be effective 
261 

unless the Administrator approves or unless he shall fail to disapprove after thirty days' notice to him of intention to proceed with 

such action in its original or modified form. 

ARTI LE VII-TRADE PRACTICES 

RuLE 1. It shall be an unfair practice to allow cash discounts or 

other terms of payments which shall reduce sales price below cost, 

except as specified in Article VIII of this Code. 

RULE 2. l\1embers of the Industry may allow 2% cash discount for 

payments made in ten days. Interest at the rate of 6% or the legal 

maximum whichever is lower shall be charged for all accounts not 

paid within sixty days of installation. 

RULE 3. No member shall give any guarantee against any decline 

in prices or any allowances in any shape, form or manner. RULE 4. The sale or offering for sale of products of the industry 

under any form of guarantee against advance or decline in prices 

shall be considered an unfair trade practice. 

RULE 5. No member of the industry shall secretly offer or make 

any payment or allowance of a rebate, refund, comm~ssion credit, 

unearned discount or _excess allowance, whether in the :form of 

money or otherwise, nor shall a member of the indu try 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 6. No member of the industry shall publish ~~dvertising 

(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 7. No member of the industry shall misbrand or mislabel 

any of his products. 

RuLE 8. No employer shall permit any employee to share his 

commission, or to give any part of it or any gratuity to any purchaser of any product of this industry. 

ARTICLE VIII-SELLING PRICE 

No member of the Industry shall sell any industry product, at a 

price below his individual cost except as hereinafter provided: 

(a) Any member of the Industry may sell at less than his own cost 

only in the following bona fide transactions: (1) Products of the 

industry sold as bona fide clearance, if advertised, marked and sold 

as such; (2) Imperfect or actually damaged products of the industry, if advertised, marked and sold as such; (3) Products of the 

industry sold upon complete and final liquidation of any busines : 

(4) To meet the competition of a member of the industry whose cost 

under this Code are lower. Cost for the purpose of this provision, 

shall be determined in accordance with the principles enumerated in 
262 

the standard cost system formulated by the Code Authority and approved by the Administrator. 

Any sales below cost made pursuant to the above provisions must 

be immediately reported to the Code A-uthority together with copies 

of the invoices. 

(b) When the Administrator determines that destructive price 

cutting has caused an emergency in the industry such as to render 

ineffective or seriously to endanger the maintenance of the provisions 

of this Code, the Code Authority may cause an impartial agency 

to investigate costs in the industry and to determine the lowest reasonable cost of the product affected by such destructive practice. Such 

determination shall exclude all forms of return on capital investment 

and any extraordinary or inflationary cost elements and shall be in 

all respects subject to such rules and regulations as may be issued 

by the Administrator and to his approval or modification after such 

notice and opportunity to be heard as ·he may prescribe. The Code 

Authority or the Administrator may, upon its or his own initiative 

or upon the request of any interested party, from time to time, cause 

such determinations to be reviewed or reconsidered and appropriate 

action taken. During any such emergency, any sale below the lowest 

reasonable cost of the particular product as. determined pursuant to 

this sub-section shall be deemed destruc.ti ve price cutting, unless 

justified by notification to the Code Authority as a necessary means.___ 

of disposal of (1) dropped lines or seconds, (2) imperfect or 

actually damaged products, or (3) products sold upon complete 

liquidation of the business of a member of the Industry. 

ARTICLE IX 

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

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

provisions in Subsection (b) of Section 10 of Title I of the Act from 

time to time to cancel or modify any order, ap_eroval, license, rule, 

or regulation issued under said Act and specifically, but without 

limitation to the right of the President to cancel or modify his approval of this Code or conditions imposed by him upon his approval 

thereof. 

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

may be modified on the basis of experience, based upon application 

.to the Administrator by the Code Authority; and after such notice 

and hearing as he shall specify, such modification shall become effective as part of this Code on the approval of the Administrator. 

ARTICLE X-REPORTS 

In addition to information required to be submitted to this Code 

Authority, all or any of the persons subject to such Code, shall furnish such statistical information as the Administrator may deem necessary for the purposes recited in Section 3 (a) of said Act to such 

Federal and State agencies as the Administrator may designate; nor 

shall anything in this Code relieve any person of any existing obligation to furnish reports to Government agencies. 
263 

ARTICLE XI 

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

manner as to promote or permit monopolies or monopolistic practices or to eliminate, oppress, or discriminate against small enterpnses. 

ARTICLE XII 

This Code shall become effective on the lOth day a:fter its etpproval 1 by the President. , 

.Approved Code No. 435. 

Registry No. 1129-1- 09. 

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