Approved Code No. 112 Registry No. 1153-1-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

ALL METAL INSECT SCREEN 

INDUSTRY 

AS APPROVED ON NOVEMBER 14, 1933 

BY 

PRESIDENT ROOSEVELT 

'WE DO OUR PART 

1. Executive Order, 

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L_,;:::'·S::,..· D:.:,E:_P091.:.;::._T_Off'l ......... w...lf'l!IB"STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

I 

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

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

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

Charleston, S.C. : Chamber of Oommerce Building. 

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

CleYeland, Ohio: Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, Mich.: 2213 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo. : 1028 Baltimore A venue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa. : 933 Commercial Trust Building. 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg. : 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 809 Federal Building. 

(II) 
EXECUTIVE ORDER 

ConE OF FAIR CoMPETITION FOR THE ALL-METAL INSECT ScREEN 

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, ap:proved June 16, 1933, for my approval of a Code 

of Fair Com:petition for the All-Metal Insect Screen Industry, and 

hearings having been held thereon and the Administrator having 

rendered his report containing an analysis of the said code of fair 

competition together with his recommendations and findings with re. 

spect thereto, and the Administrator having found that the said code 

of fair competition complies in all respects with the pertinent pro. 

visions of title I of said act and that the requirements of clauses (1) 

and (2) of subsection (a) of section 3 of the said act have been met: 

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

United States, pursuant to the authority vested in me by title I of the 

National Industrial Recovery Act, approved June 16, 1933, and other• 

wise, do approve the report and recommendations and adopt the 

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

fair competition be and it is hereby approved. 

THE WHITE HousE, 

November 14, 1933. 

Approval recommended: 

HuGH S. JOHNSON, 

Admin-istrator. 

21126°-244- 3-33 

FRANKLIN D. ROOSEVELT. 
NOVEMBER 4, 1933. 

The PRESIDENT, 

The White House. 

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

AU-Metal Insect Screen Industry in the United States, as revised 

after a hearing conducted in Washington on October 26, 1933, in 

accordance with the provisions of the National Industrial Recovery 

Act. 

PROVISIONS OF THIS CODE AS TO WAGES AND HOURS 

This code provides a maximum of forty hours in one week and 

eight hours in one day or forty-eight hours in any one week averaged over a four-week period. Overtime shall be paid at one and 

one half times the normal rate. 

Office, accounting, or clerical workers may work in excess of the 

above during any month's period but are lim1wd to forty-eight hours 

in any one week. 

Professional and supervisory employees receiving more than thirty-five dollars a week are exempt from the above scale of hours. 

Emergency maintenance employees shall be paid one and one half 

times their normal rate for overtime. 

Installation employees, in projects other than those covered by 

the Construction Industry, shall be paid not less than sixty cents 

an hour. 

Employers shall arrange work to provide the maximum practicable continuity of employment. 

Employers shall not increase requirements of employees' production to defeat purpose of this code. 

Employees shall receive not less than sixteen dollars for a week 

of forty hours except that accounting, clerical, and office employees 

shall receive fifteen dollars for a week of forty hours except that 

office boys or girls under eighteen, not to exceed one for each ten 

office employees, shall receive not less than eighty percent of the 

above rates. 

A minimum rate is established regardless of whether an employee 

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

To the extent practicable wage rates for occupations other than 

tho e receiving the minimum shall be equitably adjusted. 

Males and females shall receive the same pay for the same work. 

Persons under 16 years shall not be employed in the industry, 

nor shall any person under 18 be employed in hazardous occupations. 

With permission of State Authority, persons physically or mentally 

handicapped may be employed below the minimum wage provided. 

ECO OMIC EFFECTS OF THE CODE 

The R earch and Planning Division estimates employment increases of twenty-five percent and wage increases of twenty percent 

as a result of the code. 

(IV) 
V 

This Code's provisions are expected to be beneficial to the industry, 

but they will not cause a marked increase in the cost of this Industry's products to the public. 

Substantial increases in production in this Industry are contingent 

upon new construction which will result in proportionate increases 

in employment. 

FINDINGS 

The Administrator finds that : 

(a) The Code as recommended complies in all respects with the 

pertinent provisions of Title I of the Act, including, without limitation, subsection (a) of Section 7 and subsection ( b) of Section 10 

thereof; and that 

(b) The applicant group imposes no inequitable restrictions on 

admission to membership therein and is truly representative of the 

All-Metal Insect Screen Industry; and that 

( c) The Code as recommended is not designed to promote monopolies or to eliminate or oppress small enterprises and will not operate 

to discriminate against them and will tend to effectuate the policy 

of Title I of the National Industrial Recovery Act. ' 

It is recommended, therefore, that this Code be approved. 

Respectfully, 

HUGH s. JOHNSON, 

Administrator. 

CODE OF FAIR COMPETITION FOR THE ALL-METAL 

INSECT SCREEN INDUSTRY 

ARTICLE I-PURPOSE 

To effectuate the policies of Title I o:f the National Industrial 

Recovery Act, the :following provisions are submitted as a Code of 

Fair Competition :for the All-Metal Insect Screen Industry and upon 

approval by the President shall be the standard of Fair Competition 

for this Industry. 

ARTICLE II-DEFINITIONS 

1. The term" all-metal insect screen industry" as used herein is 

defined to mean the business o:f manufacturing, selling and installing by the manufacturer o:f all-metal insect screens except the adjustable type stock all-metal insect screens. 

2. The term " employee " as used herein includes anyone engaged 

in the industry in any capacity receiving compensation for his services, irrespective of the method of payment of his compensation. 

3. The term" employer" as used herein includes anyone for whose 

benefit such an employee is so engaged. 

4. The term " member of the industry " includes any employer 

who shall be subject to this Code. 

5. The term "Administrator " means the Administrator of Title I 

of the National Industrial Recovery Act. 

6. The term " President " as used herein shall mean the President 

of the United States or such officers, agents, and employees as he 

may designate or appoint to aid or carry out his functions under 

Title I of the National Industrial Recovery Act. 

ARTICLE III-HoURs 

1. No employee shall be permitted to work in excess of forty (40) 

hours in any one (1) week or eight (8) hours in any twenty-four 

(24) hour period or forty-eight (48) hours in any one (1) week 

averaged over a four ( 4) weeks' period, except that: 

(a) Employees engaged in office, accounting, and/ or clerical work 

may be employ13d in excess of the above during any one (1) month's 

period7 when such employees may be employed not more than fortyeight ~ 48) hours during any one (1) week. 

(b) The maximum hours fixed herein shall not apply to employees 

engaged in professional, executive, administrative, or supervisory 

work, who receive thirty-five (35) dollars or more per week. 

( c) The maximum hours fixed herein shall not apply to employees 

on emergency maintenance or emergency repair work, involving 

breakdowns or protection of life or property, but in any such special 

(1) 
2 

case at least n an 1 ne hal (11⁄2) time the normal rate shall be 

paid for h ur · worked in x ·c. · of th" ei&"ht (8) hour in any one 

t ent 1 -four (-±) h ur peri l herein provicted. 

(cl) The rate for installation in projects other than those covered 

by the Con truction Industry hall b not les than ·ixty (60¢) cents 

p r hour. 

2 .... othino- herein ontaine l hall be construed to apply to employee who e rat f wages or hours of labor are established for 

pecifi project by competent governmental authority, Federal, State, 

or Political ubdivi ion ther of in accordance with law, where such 

hours are h01'ter. 

3. No employer shall engage any employee for any time, which, 

when totale l with that already performed for another employer or 

employers, exceeds the maximum permitted herein. _ ' 

4. Employers who personally perform manual work or are engaged in mechanical operations shall not work in excess of the prescribed maximum number of hours. 

5. An employer shall so administer work in his charge as to 

provide a maximum practicable continuity of employment for his 

personnel. 

6. No increases in the amount of production work shall be required 

of employees for the purpose of avoiding the provisions of this Code 

in respect to wages and hours of employment. All such new requirements shall be reported to the Code Authority. 

ARTICLE IV-WAGES 

1. No employee shall be paid at less than the rate of sixteen (16) 

dollars per week of forty ( 40) hours or forty ( 40) cents per hour, 

excel?t that: 

(a) Accounting, clerical, or office employees shall be paid not less 

than fifteen ( 15) dollars 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 (80) percent of the said rate. Such office 

boys and/or girls shall be limited to one (1) for each ten (10) office 

employees employed by an employer. 

2. This Article establishes a minimum rate of pay, regardless of 

whether an employee is compensated on a time-rate, piecework, or 

other basis. 

3. An equitable adjustment shall be made in the wages of all employees now receiving more than the minimum wage as provided 

1n this Code. Provided, however, that these rates shall be subject 

to readju tments by the Administrator if the adjustments made by 

an employer are not suitable in obtaining uniformity for this indu try. Within 30 days after the effectfre date each emplo er shall 

report to the Admini trator through the Code Authority, all such 

r adju tment made by hi.in since June 16 1933. 

4. F male employees performin er substantially the same work as 

male employees shall receive the same rates of pay as male employees. 

5. An employer shall make payment of all wages lue in lawful 

currency or by negotiable check, therefor payable on demand. 

Wages shall be paid at regular periods. The e wages shall be exempt from any payments for pen ion insurance, or sick benefits 

other than those voluntarily paid by the age earners. 
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6. No employer or his agent shall accept any rebate directly or 

indirectly on such wages or give anything of value or extend favors 

to any person for the purpose of influencing rates of wages or the 

working conditions of his employees. 

7. A person whose earning capacity is 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 

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

the industry, nor anyone under eighteen (18) years of age at operations or occupations hazardous in nature or detrimental to health. 

The Code Authority shall submit to the Administrator before January 1 1934, a list of such occupations. In any State an employer 

shall be deemed to have complied with this provision if he shall have 

on file a certificate or permit duly issued by the authority in su h 

Stat.e empowered to issue employment or age certificates or permits, 

showing that the employee is of the required age. 

2. 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. 

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

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

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

own choosing, and 

4. Employers shall comply with the maximum hours of labor, 

minimum rates of /ay, and other conditions of employment, approved or prescribe by the President. 

5. Within each State this Code shall not supersede any laws of 

such State imposing more stringent requirements on employers regulating the age of employees, wages, hours of work, or health, fire, 

or general conditions than under this Code. 

6. Employers shall not reclassify employees or duties of occupations performed by employees so as to defeat the purposes of the Act. 

7. Each employer shall post in conspicuous places full copies of 

this Code. 

8. Every employer shall provide for the health and safety of 

his workmen. He shall comply with all National, State and local 

ordinances and provisions of safety and health, and to protect his 

employees by Workmen's Compensation Insurance, according to the 

amounts required in the State of jurisdiction or the United States 

Employees' Compensation Insurance, if that State has not established a compensation scheme for this industry. A safety and health 

manual is to be submitted by the Code Authority to the Administrator within six ( 6) months after the effective date of this Code. 
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ARTICLE VI-ADMINISTRATION 

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

is hereby constituted to cooperate with the Administrator in the 

administration of this Code. 

(a) The Code Authority shall consist of five members of the 

industry, four members of which shall be elected from the membership of the ational Screen Institute, and one member of which shall 

be elected by members of the industry who are not members of the 

Institute, if any. The Administrator in his discretion may appoint 

not more than three additional nonvoting members of the Code 

Authority as his representatives, without expense to the Industry. 

(b) 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, may require an 

appropriate modification in the method or selection of the Code 

Authority. 

2. Each trade or industrial association directly or indirectly 

participating in the selection or activities of the Code Authority 

shall: (a) Impose no inequitable restrictions on membership, and 

(b) submit to the Administrator true copies of its articles of association, bylaws, regulations, and any amendments when made thereto, 

together with such other information as to membership, organization, 

and activities as the Administrator may deem necessary to effectuate 

the purposes of the Act. 

3. The Code Authority shall have the following duties and powers 

to the extent permitted by the Act, subject to the right of the Administrator on review to disapprove or modify any action taken by 

the Code Authority: 

(a) The Code Authority may adopt such rules and take such action and conduct such investigations as may be necessary in accordance with law to effectuate tlus Code and to that end may establish 

subcommittees and subordinate, occupational, state, regional, or local 

administrative committees and prescribe such duties, rules.2 and regulations as it deems necessary to carry out the purposes ot this Code 

and the National Industrial Recovery Act. 

(b) The Code Authority or their delegated representatives shall 

have power from time to time to require each member of the Industry to furnish to the Code Authority such information and reports 

concerning purchases, hours of labor, rates of pay, and such other 

statistical information as may be necessary or proper to support 

the provisions of this Code. 

4. The Administrator may cancel or modify any order, regulation, or other action of the Code Authority in order to effectuate the 

purposes of the Act and the provisions of this Code, either on his 

own initiative or on appeal. 

5. In addition to the information required to be submitted to the 

Code Authority, there shall be furnished to government agencies 

such statistical information as the Administrator may deem necessary for the purposes recited in Section 3 (a) of the Act. 
5 

6. Any member of the Industry is eligible for membership in the 

Code and there shall be no inequitable restrictions on such membership. 

7. Members 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 reasonable share of the expenses of its administration. The 

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 business and/or such other factors as 

may be deemed equitable to be taken into consideration. 

8. The Code Authority shall cooperate with the Administration 

in regulating the use of the N.R.A. Code Insignia solely to those 

employers who have agreed to, and are complying with, this code. 

9. The Code Authority shall have the power to initiate, consider, 

and make recommendations £or the modification or amendment to 

this Code. 

ARTICLE VII-TRADE PRACTICES 

The following practices constitute unfair methods of competition 

for members of the industry and are prohibited : 

1. False Marking or Branding.-The :false marking or branding 

of any _product of the industry which has the tendency to mislead 

or deceive customers or prospective customers, whether as to the 

grade, quality,., substance, character, nature, origin, size, finish, or 

preparation ot any product of the industry, or otherwise. 

2. Misrepresentation or False or Misleading Advertising.-The 

making or causing or knowingly permitting to be made or published 

any false, materially inaccurate, or deceptive statement by way of 

advertisement or otherwise, whether concerning the grade, quality, 

quantity'!. substance, character, nature, origin, size, finish, or preparation ot any product of the industry, or the credit terms, values, 

policies, or services of any member of the industry, or otherwise, 

having the tendency or capacity to mislead or deceive customers or 

prospective customers. 

3. Oommerdal Bribery.-Directly or indirectly to give or permit to 

be given, or offer to give, money or anything o:f value to agents, 

employees or representatives of customers or prospective customers, 

or to agents, employees, or representatives of competitors' customers 

or prospective customers, without the knowledge of their employers 

or principals, as an inducement to influence their employers or prin. 

cipals to purchase or contract to purchase from the makers of such 

gift or offer, or to influence such employers or principals to refrain 

from dealing or contracting to deal with competitors. 

4. Interference with Oontractiwl Relations.-Maliciously inducing 

or attempting to induce the breach of an existing oral or written contract between a competitor and his customer or source of supply, or 

interfering with or obstructing the performance of any such contractual duties or services. 

5. Secret Rebates.-The secret payment or allowances of rebates, 

refunds, commissions, credits, or unearned discounts, whether in the 

form of money or otherwise, or the secret extension to cer~ain pur-
6 

cha er of p cial service or pri il ges not extended to all purcha rs on like terms and conditions. 

6. Giving of Prizes, Premiunis, or Gifts.-The offering or giving 

of prizes, premiums or gifts in connection with the sale of products, 

or a an inducement thereto, by any scheme which involves lottery, 

mi rcpre entation or fraud. 

7. Defamation.-The defamation of competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, 

que tionable credit standing, or by other false representations or by 

the fal e di paragement of the grade or quality of their goods. 

8. Tkreat of Litigation.-The publishing or circularizing of 

threa s or nits for infringement of patents or trade marks or of any 

other legal proceedings not in good faith, with the tendency or effect 

of hara sing competitors or intunidating their customers. 

9. Espionage of Oompetitors.-Securing confidential information 

concerning the business of a competitor by a false or misleading 

statement or representation, by a false impersonation of one in 

authority, by bribery, or by any other unfair method. 

10. Bid Peddling.-The practice commonly known as "bid peddling " or " bid shopping" are recognized as unfair and are prohibited. Bid peddling in effect means the offering by the bidder prior 

to the making of an award of a substitute bid at a price lower than 

the one originally quoted without a commensurate decrease in the 

requirements of the JOb. 

11. Independent Quotations.-Where any member of the Industry 

quotes on other products in conjunction with all-metal screens, failing to include as a part of his quotation the followin~ statement: 

" The prices made on the various products in this quotat10n are made 

jndependent of each other and we/I will accept a contract for insect 

screens herein quoted irrespective of whether we/I receive a contract 

for any other commodity quoted or not." 

12. Submitting Bids.-(a) Submitting either directly or indirectly 

more than one bid or quotation on any specified project, or revising 

such bid or quotation except in the event of a material change in the 

the plans and specifications of such project. 

(b) 1Vhere products outside 0£ the industry form part of any 

specifications, failing to make separate quotations for products of 

the industry. 

13. Selling below cost, except to meet the actual competition of 

the lower cost of another member of the industry. Cost, for the 

purpose 0£ this paragraph, shall be determined in accordance with 

a standard system of cost accounting established by the Code 

Authority and approYed by the Administrator. 

14. Failing to comply with the following provisions for publication of p1·ices.-(a) Each member of the Industry shall within ten 

(10) days after the effecfr,e date of this Code publish a complete li t 

0£ his standard items showing all prices, terms, and discounts to the 

different classes of trade and copies of this price list and/or discount 

sheet published in ac orclance with this paraaraph shall be filed with 

the Code Authority. The Code Authority shall immediately send 

copies thereof to all other members of the Indu try. Revi ed price 

lists and/ or discount sheet may be filed any time thereafter with the 

Code Authority by any such member, to become effective on the date 
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specified therein, but such revised price lists and/or discount sheets 

shall be filed with the Code Authority ten (10) days in advance of 

said effective date. 

(b) Copies of revised price lists and/or discount sheets with notice of the effective date specified therein shall be immediately sent 

to all members of the industry who thereupon may file, if they so 

desire, revisions of their own published price lists and/ or discount 

sheets in order to meet said revised price lists. The said revisions 

shall become effective upon the date when the said revised price lists 

and/or discount sheets first filed shall go into effect. 

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

any means whatsoever any product of the industry at a price lower, 

or at a discount greater, or on more favorable terms of payment, 

than those provided in his published price lists and discount sheets. 

15. Othe1· Unfair Praotices.-The following are also prohibited. 

l

a] Enticement of competitor's employees. 

b Deliveries not conforming to sample or order. 

c Deviation from standards of the finished product as may be 

established by the industry and approved by the President. 

( d) Wilfully misrepresenting market conditions in order to 

influence sale. 

( e) Substitution of merchandise inferior to that called for in the 

specifications. 

(f) Omitting parts called for in specifications. 

16. Nothing 1n this Code shall limit the effect of any adjudication 

by the Courts or holding by the Federal Trade Commission on complaint finding, and order1 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-GENERAL 

1. No provision in this Code shall be interpreted in such a way as 

to permit conduct or operations tending to promote monopolies or to 

eliminate or oppress small enterprises, or to discriminate against 

them. 

2. This Code and all the provisoons thereof are expressly made 

subject to the right of the President, in accordance with the provisions of Section 10 (b) of the National Industrial Recovery Act, 

from time to time to cancel or modify any order, approval, license, 

rule, or limitation issued under Title I of 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. 

3. Such of the provisions of this Code as are not required to be 

included therein by the National Industrial Recovery Act may, with 

the approval of the President, be modified or eliminated as changes 

in the circumstances or experience may indicate. It is contemplated 

that from time to time supplementary provisions to this Code or additional Codes will be submitted for the approval of the President to 

prevent unfair competition in prices and other unfair and destructive 

competitive practices and to effectuate the other purposes and policies 

of Title I of the National Industrial Recovery Act consistent with 

the provisions thereof. 
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ARTICLE IX-PruCE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made impossible of consummation if prices of goods and 

services increase as rapidly as wagest it is recognized that price increases except such as may be required to meet individual cost should 

be delayed. But when made such increases should, so far as possible, 

be limited to actual additional increases in the seller's costs. 

ARTICLE X-EFFECTIVE DATE 

This Code shall become effective on the second Monday after its 

approval by the President. 

0 

UNIVERSITY OF FLORIDA 

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