Approved Code No. 533 Registry No. 1021-1-05 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

WINDOW GLASS 

MANUFACTURING INDUSTRY 

AS APPROVED ON NOVEMBER 22, 1934 

WE DO OUR PART 

·-·:-! 

oII '-'. 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Supedntenc!:ent of Dccuments, Washington, D. C. - - - - - - - - - Price 5 cen s 
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Approved Code No. 533 

CODE OF FAIR COMPETITION 

FOR THE 

WINDOW GLASS MANUFACTURING INDUSTRY 

As Approved on N overnber 22, 1934 

ORDER 

CoDE OF FAIR CoMPETITION FOR THE VVINDow GLAss M.ANUFACTmUNG 

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 Jtme 16, 1933, for approval of a Code of 

Fair Competition for the vVindow Glass Manufacturing Industry, 

and hearing having been duly held thereon and the annexed report 

on said Code, containing findings with respect thereto, having been 

made and directed to the President : 

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

States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including 

Executive Order No. G859, dated September 27, 1934, and otherwise; 

does hereby incorporate by r eference said annexed report and does 

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 does hereby order that said Code of F air Competition 

be and it is hereby approved. 

NATIONAL INDUSTRIAL RECOVERY BoARD, 

By \Y. A. HARRIMAN, Administrative Officer. 

Approval recommended: 

\V. P. ELLIS, 

Acting Division Administrator. 

vVAsHINGToN, D. c., 

November 92:8 , 1934. 

(13) 

98974°----1325-82----34----1 
REPORT T'O THE PRESIDENT 

The PRESIDENT, 

The White House. 

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

Window Glass Manufacturing Industry, as revised aft€r a public 

hearing conducted in Washington, D. C., on October 31, 1933, and 

after an opportunity to be heard had been granted pursuant to 

Administrative Order No. Z-3, dated June 1, 1934, in accordance 

with the provisions of Title I of the National Industrial Recovery 

Act. 

THE INDUSTRY IN GENERAL 

1. The Window Glass Manufacturing Industry as defined by the 

Code embraces all e tabli hments engaged in the manufacture and 

primary ale of common window glass and~ at this date, consisting 

of seventeen (17) known manufacturers, operating at the present 

time fourteen (14) plants. Three (3) of these manufacturers produce and sell approximately seventy-three per cent (73 % ) of the 

exi ting demand and the other , fourteen (14/ in number, commonly known as " independent manufacturers ' produce and sell 

approximately twenty-seven per cent (27 %) of the existing demand. 

Several of the latter are r ported at this date to be in financial 

difficultie . The mortality in this industry ha been high. Of the 

forty-two ( 42) establishments operating in 1925, all but seventeen 

(17) have been retired. It is quite e' ident that there have been revolutionary strides in technological processes in the manufacture of 

comn1on window glass in this last generation. Today there is perhaps three hundred percent (300 )1, ) excess capa"ity. It is reported 

that a virtual panic exists in the industry in the struggle to obtain 

business, rfsulting from recent successive lowering of prices. 

PROVISIONS OF THl'.A CODE AS TO TIOURS, WAGES, AN D GENERAL LABOR 

PROVISIONS 

1. This Code provides that no employee shall be permitted to 

work more than seventy-two (72) hour in any fourteen (14) day 

period nor more than ix (6) days in any seven (7) day period; and 

that no employee hall be permitted to work more than eight (8) 

hours in any twenty-four (24) hour period (except that each employee may be permitted to work six (6) additional hours in any 

seven (7) day period provided that at lea t one an l one-half time.-· 

their normal rate of pay i paid for all time worked in exce of 

eight (8) hour in any twenty-four (24) hour period), except as 

follows : 

(a) Employee engao·e l in the continuous proce e of the in lu -

try shall not be permitted to work more than eighty-four (84) 

(H) 
15 

hours in any fourteen (14) day period, nor more than six (6) hours 

in any one twenty-four (24) hour period; except that (1) in order 

to provide for the rotation of shifts, each such employee may be 

permitted to work six (6) additional hours in any one twenty-four 

(24) hour period in each fourteen (14) day period without the 

payment of overtime, and (2) each such employee may be permitted 

to work six (6) additional hours in any seven (7) day period without the payment of overtim.e if his services are required by reason 

of the failure of another regular employee to report for or remain 

at work. 

(b) Employees engaged in clerical, office or sales work ( exclusive of employees engaged as bookkeepers or accountants) shall not 

be permitted to work more than forty (40) hours in any seven (7) 

day period nor more than eight (8) hours in any one twenty-four 

(24) hour period nor more than six (6) days in any seven (7) day 

period, except that each such employee may be permitted to work two 

(2) additional hours in any one twenty-four (24) hour period in 

each seven (7) day period, without the payment of overtime, provided that the total for such seven (7) day period is not in excess 

of forty ( 40) hours. 

(c) Any employee engaged as a bookkeeper or accountant may, 

during any one seven (7) day period in any month or four ( 4) 

weeks accounting period, be permitted t<:> work nine (9) hours in 

any twenty-four (24) hou~ period and forty-five ( 45) hours in said 

seven (7) day period without payment of overtime, provided that 

equivalent time off is given such employee during the balance of the 

same month or accounting period, so that the average of such employee's hours during said month or four ( 4) weeks accounting 

period, does not exceed forty ( 40) hours per seven (7) day period. 

(d) Employ-ees engaged as watchmen may be permitted to work 

not more than eighty-four (84) hours in any fourteen (14) day 

period. 

2. This Code exempts frcm hourly, weekly or other periodic limitations persons employed in a managerial or executive capacity who 

earn not less than thirty-five dollars ($35.00) per week and employees 

engaged in emergency maintenance or emergency repair work provided, however, that in cases of emergency maintenance or emergency 

repair work, at least one and one-half times their normal rate of pay 

shall be paid for all time worked in excess of the maximum herein 

provided. 

3. This Code establishes a minimum rate of pay of forty cents 

($0.40) and thirty-five cents ($0.35) per hour for all classes of em- ployees except those engaged in clerical and office work, in theN orthern and Southern sections of the industry respectively. A minimum 

rate of fifteen dollars ($15.00) per week is established for employees 

·engaged in clerical or office work regardless of the section of the 

industry. 

4. This Code establishes minimum rates of pay for all employees 

irrespective of whether the employee is actually compen ated on a 

time rate, piece WOTk or other ba is. I-Iandicapped persons may be 

employed at a wage below the minimum under conditions as provided by the Code. 

5. This Code provides that, for those employees receiving compensation in excess of the minimum wage rates, an equitable adjust-
16 

ment shall be made in those cases where such equitable adjustments 

have not been made since July 1, 1933, and that reports in respect 

thereto shall be submitted by the Code Authority to the Administrator. · 

6. This Code also includes provisions respecting : 

(a) E;a ion through re -employment, and 

(b) Reclas ification of Employees, and 

(c) Standard for Safety and l-Iealth, and 

(d) Payment of vVages, and 

(e) Dismis als for Making a Complaint, and 

(f) Rates of Pay for Fen1ale Employees, and 

(g) Posting of the Code, and 

that no person under sixteen (16) years of age shall be employed 

in the indu try and that no person under eighteen years of age shall 

be employed in operations or occupations which are hazardous in 

nature or dangerous to health, and that the Code Authority shall 

within thirty (30) days after the effective date of the Code submit 

a list of such operations and occupations in the industry. 

ECONOl\IIC EFFECTS OF THE CODE 

1. The report of the Division of Research and P lanning indicates 

that the volume of sales of about $38,000,000.00 for the year 1925 

had declined to about $10,000,000.00 for the year 1931, representing 

a decline from about 567,000,000 square feet in 1925 to about 267,000,-

000 square feet in 1931, or about a 72.5 % decline in sales value and 

a 53% decline in production. While complete and accurate statistics 

are not available respecting employment, it is estimated that the 

total number of employees in the industry in 1929 was about 5000, 

and in the first part of 1933 about 3000. In the latter half of 1933 

the estimated number of employees had increased to 4500, due not so 

much to the operation of the President's Reemployment Agreement 

as to the sharp revival in business. It appears from evidence submitted by the proponents of the Code that payrolls have correspondingly increased from 33 to 43 per cent. It must, however, be noted 

that this does not indicate any increase in aYerage wages. From an 

analysis of a tudy of Occupations, Hours and Earnings for the year 

1932 it appears that 2,049 employee in ten (10) plants worked an 

actual average of 43.2 hours an l had actual average earnings of 

$23.25 per week or at the rate of $0.54 per hour. 

2. While this industry produces common window glass for purposes other than glazing, such as photographic dry plates, pictures, 

lantern slides, clock faces. scientific instruments and automobile and 

body manufacturing, the demand for the products of the industry is 

to a large degree dependent on the rehabilitation, alteration, repair 

and construction of construction industry projects. 

3. Increased employment due to the thirty-six (36) hour general 

provision and the forty-two ( 42) hour provision :for the continuous 

processes, on the basis of employment for the last half of 1933, hould 

restore the industry to the 1929 level, and in conclu ion it may be 

stated that even if the operation of the Code doe not greatly jn- crease average wages, the position of the in lustry will bo reasonably 

good provided that reductions of weekly earnings do not result from 
17 

the shortening of hours. Provision is made for the equitable adjust· 

ment of wage rates for those employees receiving compensation in 

excess of the minimum wage rates where such equitable adjustments 

have not been made since July 1, 1933. 

FINDINGS 

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

having found as herein set forth and on the basis of all the proceed· 

ings in this matter : 

We find that : 

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

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 us as a major industry. 

(c) The Code as approved complies in all respects with the pertinent provisions of said Title of said Act, includin§o- without limitation 

Subsection (a) of Section 3, Subsection (a) of ection 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 

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 

fimall enterprises and will not operate to discriminate against them. 

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

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

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

For the National Industrial Recovery Board: 

w. A. HARRIMAN' 

N ClVlCMBER 22, 1934. 

Administrative Officer. 
CODE OF FAIR COMPETITION FOR THE WINDOW GLASS 

MANUFACTURING INDUSTRY 

ARTICLE I-PURPOSES 

To effect the policies of Title I of the National Industrial Recovery Act, this Code is established as a code of fair competition for 

the Window Glass Manufacturing Industry, and its provisions shall 

be the standards of fair competition for such industry and shall be 

binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term "\Vindow Glass Manufacturing Industry" 

or "industry" as used herein is defined to mean and include the 

manufacture and the primary sale of common window glass (hereinafter known as the product of industry). The term" sale" shall 

be deemed to include, but without limitation, shipments of common 

window glass, made by a member of the industry to a distributing 

agency owned or controlled directly or indirectly by such member 

of the industry and/ or shipments of common window glass made 

by a member of the industry to a consignn1ent account. The operation of e tablishments (including distributing agencies) engaged in 

the distribution of the products, either owned or controlled directly 

or indirectly by a member of the industry, shall not be subject to 

the provisions of this Code. 

SECTION 2. The term "member of the industry", as used herein 

jncludes, 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. 

SECTION 3. The term "employee" as used herein indudes any 

and all persons engaged in the industry, however compensated, 

except a member of the industry. 

SECTION 4. The term " employer " as used herein includes any one 

by whom such employee is compensated or employed. 

SEcTioN 5. The tenn "continuous processes of the industry" as 

used herein is defined to mean and include the operations of mixing 

and melting the raw materials, withdrawing the molten gla s from 

the tanks and/ or furnaces, forming the same into sheets or plates, 

and delivering such sheets or platos to those place or sections of 

the plant of the member of the industry where they will subsequently be handled and worked or stored, and also the heat, light, 

power and water producing operations necessarily incident to such 

continuous operations. 

SECTION 6. The term "Code Authority" as used herein is defined 

to mean the Code Authority constituted under Article VI hereof. 

SECTION 7. The term "Association" as used herein is defined to 

mean the Window Glass Manufacturers' Association. 

(18) 
19 

SE<tr!ON 8. The term " Southern Section of the " Industry " as 

used herein is defined to mean and include the states of Virginia, 

North Carolina, South Carolina, Georgia, Florida, Alabama, Louisi- ana, Mississippi, Tennessee, l{ansas, Arkansas, Oklahoma, and 

Texas; and the term " Northern Section of the Industry " as used 

herein is defined to mean and include the District of Columbia and 

all other states, territories, and possessions of the United States in 

which the National Industrial Recovery Act applies. SECTION 9. The terms "President", "Act", and "Administrator" 

as used herein are defined to mean, respectively, the President of the 

United States, Title I of the National Industrial Recovery Act, and 

the Administrator for Industrial Recovery. 

AnTICLE III-HoURs 

SECTION 1. 111 axi1nwn H ours.-N o emplo3 ee, except as herein 

otherwise provided, shall be permitted to work more than seventytwo (72) hours in any fourteen (14) day period nor more than six 

(6) days in any seven (7) day period; and no employee, except as 

herein otherwise provided, shall be permitted to work more than 

eight (8) hours in any twenty-four (24) hour period, except that 

each employee may be permitted to work six ( 6) additional hours in 

any seven (7) day period provided that at least one and one-half 

times their normal rate of pay is paid for all time worked in excess 

of eight (8) hours in any twenty-four (24) hour period. 

SECTION 2. Exceptions as to Ilours.-(a) Employees engaged in 

the continuous processes of the industry shall not be permitted to 

work more than eighty-four (84) hours in any fourteen (14) day. 

period, nor more than six (G) hours in any one twenty-four (24) 

hQur period except that (1) in order to provide for the rotation of 

shifts, each such employee may be permitted to work six (6) additional hours in any one twenty-four (24) hour period in each fourteen (14) day period without the payment of overtime, and (2) 

each such employee may be permitted to work six (G) additional 

hours in any seven (7) day period without the payment of overtime 

if his services are required by reason of the failure of another regular employee to report for or remain at work. 

(b) Employees who engage in clerical, office or sales work (ex· 

elusive of employees covered by subsection (c) of this section) shall 

not be permitted to work more than forty ( 40) hours in any seven 

(7) day period nor more than eight (8) hours in any one twenty- four (24) hour period nor more than six (6) days in any seven (7) 

day period, except that each such employee may be permitted to 

work two (2) additional hours in any one twenty-four (24) hour 

period in each seven (7) day period, without the payment of overtime, provided that the total for such seven (7) day period is not 

in excess of forty (4Q) hours. 

(c) During any one seven (7) day period in any month or four 

( 4) \leeks accounting period, any employee engaged as a bookkeeper or accountant may be permitted to work nine (9) hours in 

any twenty-four (24) hour period and forty-five (45) hours in said 

seven (7) day periocl without payment of overtime, provided that 

equivalent time off is given such employee during the balance of the 

98974°----1325- 82----34----2 
20 

same month or accotmting period, so ·that the average o£ such employee's hours during said month or four (4) weeks aecounting 

period, does not exceed forty ( 40) hours per seven (7) day period. 

(d) Employees engaged as watchmen may be permitted to work 

not more than eighty-four (84) hours in any one fourteen (14) 

day period. 

SECTION 3. Exemptions as to Hours.- (a) The provisions of this 

Article shall not apply to outside salesmen or to employees engaged 

in a managerial or executive capacity who earn not less than thirtyfive dollars ($35.00) per week. 

(b) The provisions of this Article shall not apply to employees 

engaged in emergency maintenanoe or emergency repair work involving breakdowns or the protection of life or property, provided, 

however, that at least one and one-hal£ (lJ-h) times their normal 

rate of pay is paid for all time worked in excess of the maxima 

herein provided by this Article. 

SEcTION 4. Employment by Sev·eral Em~ployers.-N o employer 

shall knowingly permit any employee to work for any time which 

when totaled with that already performed with another employer 

in this or any other industry exceeds the maximum permitted herein. 

ARTICLE IV-WAGES 

SECTION 1. llfinimwm lVage.-N o employee shall be paid less than 

at the rate of forty cents ($0.40) per hour in the Northern Section 

of the Industry nor less than at the rate of thirty-five cents ($0.35) 

per hour in the Southern Section of the Industry, except as herein 

otherwise provided. 

SECTION 2. Minimum Wage for Clerical and Office Employees.-

N o person employed in clerical or office work shall be paid less th~n 

at the rate of fifteen dollars ($15.00) per week. 

SECTION 3. Piecework Oompensation.-This Code establishes minimum rates of pay which shall apply, irrespective of whether an 

employee is actually compensated on a time rate, piecework or other 

basis. 

SEcTION 4. Evasion through ee?T~tplm;ment.-No employee now 

employed at a rate in excess of the minimum shall be discharged and 

reemployed or replaced by another employee at a lower rate for the 

purpose of evading the provisions of this Code. 

SEcTION 5. Wages abov·e the Minimu1n.-For those employees receiving compensation in excess of the minimum wage rates, equitable 

adjustment shall be made in those cases where such equitable adjustments have not been made since July 1, 1933. vVithin thirty ( 30) 

days after the effective date of this Code each member of the industry 

shall submit to the Code Authority a detailed report showing the 

number of employees, hours of work, and hourly rates of wages and 

weekly earnings for each labor classification for a representative 

pay period prior to July 1, 1933, and for the representative pay 

period ending next before the date of the report. Such reports shall 

be promptly forwarded by the Code Authority to the Admini trator. 

SECTION 6. Handicapped Persons.-A person whose earning capacity is limited because of age or physical or mental handicap or 

other infirmity may be employed on light work at a wage below the 
21 

minimum established by this Code, if the employer obtains from tfie 

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. The State authority shall be guided by the instructions of the United States Departlnent of Labor in issuing certificates to such persons. Each mem.ber 

of the industry shall file monthly with the Code Authority a list of 

all such persons employed by it, showing the wages paid to, and 

the maximum hours of work for such employee. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. Child Labo1· Provision.-N o person under sixteen (16) 

years of age shall be employed in the industry. No person under 

eighteen (18) years of age shall be employed in operations or occupations which are hazardous in nature or dangerous to health. The 

Code Authority shall submit to the Administrator within thirty (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 signed by the authority in such state empowered to issue employment or age certificates or permits showing 

that the employee is of the required age. 

SECTION 2. P1·ovisions fro?n the A ct.-As provided by Section 7 (a) 

of the Act: 

(a) 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. 

(b) 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 

(c) Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment, approved or prescribed by the President. 

SECTION 3. R eclassification of E1nployees.-N o employer shall reclassify employees or duties of occupations performed or engage in 

any subterfuge for the purpose of defeating or evading the pro-

·visions of the Act or of this Code. SECTION 4. Standards for Safety and H ealth.-Every employer 

shall make reasonable provision for the safety and health of his em- ployees at the place and during the hours of their employment. 

Standards for safety and health shall be submitted by the Code 

Authority to the Administrator within sixty (60) days after the 

effective date of this Code. 

SECTION 5. Federal o1· State L aws.-No provisions in this Code 

shall supersede any Federal or State law which imposes on employ- ers more stringent requirements as to age of employees, wages, hours 

of work, or as to safety, health, sanitary, or general working conditions, or insurance, or fire protection than are imposed by this Code. 
22 

SECTION 6. Payment of Wages.-All wages shall be paid weekly, 

semi-monthly, or monthly in lawful currency or by negotiable check 

therefor, payable on demand. These wages shall be exempt :from 

any deductions other than those expressly authorized by the em~ 

ployee or required by law. Employers or their agents shall not 

accept, directly or indirectly, rebates on such wages, or give anything 

o:f value nor extend any :favors to any persons :for the purpose o:f 

influencing rates o:f wages or working conditions o:f their employees. 

SECTION 7. Dismissals.-N o employee shall be discharged, demoted 

or otherwise discriminated against by reason o:f making a complaint 

or giving evidence with respect to an alleged violation o:f this Code. 

SECTION 8. Fe1nale Employees.-Female employees performing 

substantially the same work as male employees shall receive the 

same rate of pay as male employees. 

SECTION 9. Posting.-Each member o:f the industry shall post and 

keep posted copies o:f this Code in conspicuous places, accessible to 

all employees. Each member o:f the industry shall comply with all 

rules and regulations relative to the posting o:f provisions o:f codes 

of fair competition which may :from time to time be issued by the 

Administrator. 

ARTicLE VI-ORGANIZATION, PoWERs, AND DUTIES oF· THE CoDE 

AUTHORITY 

SECTION 1. Code Authority.-A Code Authority :for the Window 

Glass Manufacturing Industry is hereby constituted to cooperate 

with the Administrator in the administration of this Code. 

SECTION 2. Members Appointed by the lndustry.-(a) The Code 

Authority shall consist of one (1) representative appointed by each 

member o:f the industry eligible :for such representation in accordance 

with the provisions of Section 10, paragraph (k), sub-paragraph 2, 

of this Article. 

(b) Within ten (10) days after the effective date of this Code a 

meeting of the members o:f the industry shall be held at which each 

member of the industry shall select its representative on the Code 

Authority to serve as provided in its By-Laws, rules and regulations, 

as set forth in Section 10 o:f this Article. The Association is hereby 

designated as the agency to call and conduct the meeting o:f the members of the industry :for this purpose. 

SECTION 3. Decisions of the Code Authority.-(a) All decisions 

of the Code Authority to be binding on the industry must receive the 

affirmative vote of a majority of the members o:f the Code Author~ 

ity and also the affirmative vote of members of the Code Authority 

appointed by members o:f the industry representing not less than 

fifty (50) per cent o:f the total physical output o:f the industry 

measured in the case of each member of the industry by the actual 

production of such member averaged over the two (2) preceding 

calendar years. 

(b) If, at any time, the Code Authority cannot reach a decision 

as hereinbefore provided, the matter at issue shall be referred within 

five ( 5) days to the Administrator :for consideration and determination and his decision shall be final and binding on all members of 

the industry. 
23 

SECTION 4. Notice of Meetings.-Notice o£ the time and place of 

each meeting of the members o£ the industry shall be sent by registered mail to all members of the industry and to the Administrator 

at least ten (10) days in advance o£ such meeting. 

SECTION. 5. Revocation of Appoint1nents to Code Authority.- Any 

member of the industry may at any time revoke permanently or for 

a temporary designated period the appointment of the member of the 

Code Authority previously made by such member of the industry 

and may appoint another individual as a member of the Code Authority. Such revocation and appointment shall be by written instrument sent in duplicate to the Administrator and to the Code 

Authority, and shall be signed, sealed, and acknowledged before a 

notary public. One (1) alternate may be selected by each member 

of the industry to represent that member on the Code Authority with 

full power to vote in the . absence of his principal. No alternate 

shall, however, be affiliated with any other member of the industry. 

SECTION 6. ill n~b ers Appoint eel by the Ad1nin'istrator.-In addition to the membership as hereinbefore provided, there may be not 

more than three (3) member , without vote to be appointed by the 

Administrator to serve for such terms as he n1ay prescribe. The 

representatives who may be appointed by the Administrator, together with the Administrator, shall be given clue notice of and 

1nay sit at all meetings of the Code Authority. 

SECTION 7. Participating Trade Associations.-Each trade or industrial association directly or indirectly participating in the selection 

or activities of the Code Authority shall (1) impo e no inequitable 

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

copies of its articles of association, by-laws, regulations, and any 

amendments when made thereto, together with such other information as to membership, organization, and activities as the Administrator niay deem necessary to effectuate the purposes of the Act. 

SECTION 8. R epresentative Chm·acte1· of the Code Authority.-In 

0rder 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 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 respects 

comply with the provisions of the Act, may require an appropriate 

modification of the Code Authority. 

SECTION 9. N onliability of Code Authority lrf embe1·s for 0 ffi cial 

Acts.-N othing 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 any one 

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 any one for any action or omission to act under the Code, 

except for his own wilful malfeasance or nonfeasance. SECTION 10. Powen and Dttties.-Subject to such rules and regulations as may be issued by the Administrator, the Code Authority 

shall have the following powers and duties (in addition to tho e 

provided elsewhere in this Code) to the extent permitted by the Act; 

provided, that, if the Administrator shall determine that any action 
24 

of the Code Authority or any agency thereof is unfair or unjust or 

contrary to the public interest, the Administrator may require that 

such action be suspended to afford an opportunity for investigation 

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

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

unless the Adn1inistrator approves or unless he shall fail to disapprove after thirty (30) days notice to him of intention to proceed 

with such action in its original or modified form: 

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

compliance of the industry with the provisions of the Act. 

(b) To adopt by-laws and rules and regulations for its procedure 

and for the administration and enforcement of the Code, subject to 

the approval of the Admini trator. 

(c) To provide for the study of standards, grades and qualities 

and distribution of common window gla s and to recommend to the 

Administrator any changes andjor modifications of this Code in respect thereto. 

(d) To obtain from n1embers of the industry such information and 

reports as are required for the administration of this Code. I n 

addition to information required to be submitted to the Code 

Authority, members of the industry 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 

agencies as the Administrator may designate. No provision of this 

Code shall relieve any member of the industry of any existing obligation to furnish reports to Government agencies. No individual 

reports submitted to the Code Authority shall be disclosed to any 

other member of the industry, but may be revealed to such impartial 

agencies as may be necessary to facilitate the administration of this 

Code. 

(e) To cooperate with the Administrator in making investigations 

as to the functioning and observance of any of the provisions of this 

Code at its own instance, or upon request of the Administrator, or on 

complaint of any person affected, and report the same to the 

Administrator. 

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

of any N. R. A. insignia according to uch rules and regulations as 

the National Recovery Administration may prescribe. 

(g) To use such trade associations and other agencies as it deems 

proper to carry out any of the activities provided for herein; provided, however, that nothing herein shall relieve the Code Authority 

of its duties or responsibilities under this Code, and that such trade 

associations and agencies shall at all times be subject to and comply 

with the provisions hereof. 

(h) To investigate and inform the Adnlinistrator on behalf of 

the vVindow Glass Manufacturing Industry as to importation of 

competitive articles into the United States in substantial quantities 

or increasing ratio to domestic production on such terms or under 

such conditions as to render ineffective or seriously endanger the 

maintenance of this Code, and to make complaint to the President 

on behalf of the Window Glass Manufacturing Industry under 

the provisions of the National Industrial Recovery Act with respect 

thereto. 
25 

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

the trade-practice committees appointed under such other Codes as 

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

· trade practices to govern the relationships between production and 

distribution employers under this Code and under 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. 

(j) To make recommendations to the Administrator for the 

amendment or modification of this Code on the basis of experience 

and changes in circumstances, including (but without limitation) 

recommendations to-

( aa) further effectuate the policy of the National Industrial 

Recovery Act and the operation of this Code in respect then'to, and 

(bb) prevent the elimination or oppression of and discrimination 

against small enterprises, and 

( cc) stabilize employment, and 

( dd) prevent unsound, unfair, or destructive practices, and 

( ee) rehabilitate the industry and promote industrial planning, 

which recommendations, upon approval by the Administrator, after 

such notice and hearing as he may prescribe, shall become part of 

this Code and have full force and effect as provisions hereof. 

(k) 1. It being found necessary, in order to support the administration of this Code and to maintain the standards of fair competition established hereunder and to effectuate the policy of the. 

Act, the Code Authority is authorized: 

( aa) To incur such reasonable obligations as are necessary and 

proper for the foregoing purposes and to meet such obligations out 

of funds which may be rais d as hereinafter provided, and which 

shall be held in trust for the purposes of the Code; 

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

to such notice and opportunity to be heard as he may deem necessary, (1) an itemized budget of its estimated expenses for the foregoing purposes, and (2) an equitable basis upon which the funds 

necessary to support such budget shall be contributed by members 

of the Industry; 

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

contribution as above set forth by all members of the industry, and 

to that end, if necessary, to institute legal proceedings therefor in 

its own name. 

2. Each member of the industry shall pay his or its equitable 

contribution to the expenses of the maintenance of the Code Authority, determined as hereinafter provided, and subject to rules 

and regulations pertaining thereto issued by the Administrator. 

Only members of the industry complying with the Code and contributin~ to the expenses of its administration as hereinabove provided, ~unless duly exempted from making such contributions,) 

shall be entitled to participate jn the selection of members of the 

Code Authority or to receive the benefits of any of its voluntary 

activities or to make use of any emblem or insignia of the National 

Recovery Administration. 

3. The Code Authority shall neither incur nor pay any obligation substantially in excess of the amount thereof as estimated in 

its approved budget, and shall in no event exceed the total amount 
26 

contained in the approved budget, except upon approval of the Administrator; and no subsequent budget shall contain any deficiency 

item for expenditures in excess of prior budget estimates except 

those which the Administrator shall have so approved. 

(l) All confidential information of any nature which may be requested by the Code Authority shall be collected through an impartial agency or agencies selected by the said Code Authority and such 

information shall be kept confidential by the agency, except when 

required by the Code Authority for the proper administration of 

the Code, and with the further exception that all such information 

shall be fully available to the Administrator at all times. 

(m) The Code Authority shall designate an impartial agent or 

agents, not members of the industry, to investigate complaints of 

violations of the Code. Each member of the industry shall keep 

accurate and complete r ecords of its transactions in the industry 

whenever such records may be required under any of the provisions 

of this Code, and shall furnish accurate reports based upon such 

records concerning any of such activities when required by the Code 

Authority or the Administrator. If the Code Authority or the 

Administrator shall determine that substantial doubt exists as to 

the accuracy of any such reports, so much of the pertinent books, 

records, and papers of such member as may be required for the 

verification of such report may be examined by an impartial agency, 

agreed upon between the Code Authority and such member, or, in 

the absence of agreement, appointed by the Administrator. In no 

case shall the facts disclosed by such examination be made available 

in identifiable form to any competitor, whether on the Code Authority or otherwise, or be given any other publication, except such 

as may be required for the proper administration or enforcement 

of the provisions of this Code. 

(n) To provide appropriate facilities for aTbitration, and subject to the approval of the Administrator, to prescribe rules of 

procedure and rules to effect compliance with awards and deter~ 

minations. 

ARTICLE VII-OPEN PRICE 

SECTION 1. Each member of the industry shall file with a confidential and disinterested agent of the Code Authority or, if none, then 

with such an agent designated by the Administrator, identified lists 

of all of his prices, discounts, rebates, allowances, and localities to 

which the same shall apply, and all other terms or conditions of 

sale, hereinafter in this Article referred to as " price terms ", which 

lists shall completely and accurately conform to and represent the 

individual pricing practices of said member. Such lists shall contain the price terms for all such standard products of the industry 

as are sold or offered for sale by said member and for such nonstandard products of said member as shall be de ignated by the 

Code Authority. Said price terms shall in the first in tance be 

filed within ten (10) days after the constitution and organization 

of the first Code Authority. Price terms and revised price terms 

shall become effective immediately upon receipt thereof, said agent 

shall by telegraph or other equally prompt means notify said member of the tin1.e of such receipt. Such lists and revisions, together 
27 

with the effective time thereof, shall upon receipt by immediately 

and simultaneously distributed to all members of the industry and 

to all of their customers who have applied therefor and have offered 

to defray the cost actually incurred by the Code Authority in the 

preparation and distribution thereof and be available for inspection 

by any of their customers at the office of such agent. Said lists or 

revisions or any part thereof shall not be made available to any 

person until released to all members of the industry and their cu -

tomers, as aforesaid; provided, that prices filed in the first instance 

shall not be released until the expiration of the aforesaid ten (10) 

day period after the constitution a.nd organization of the first Code 

Authority. The Code Authority shall maintain a permanent file 

of all price terms filed as herein provided, and shall not destroy 

any part of such records except upon written consent of the Administrator. Upon request the Code Authority shall furnish to the 

Administrator or any duly designated agent of the Administration 

copies of any such lists or revisions of price terms. 

SECTION 2. When any member o.T the industry ha.s filed any revision, such member shall not file a higher price within forty-eight 

( 48) hours. 

SECTION 3. No member of the industry shall quote~ sell, or offer to 

sell or otherwise dispose of any products, services of the industry, for 

which price terms have been filed pursuant to the provisions of this 

Article, except in accordance with such price terms. 

SECTION 4. No member of the industry shall enter into any agreement, understanding, combination or conspiracy to fix or maintain 

price terms, nor cause or attempt to cause any member of the industry to change his price terms by the use of intimidation, co~rcion, 

or any other influence inconsistent with the maintenance of the free 

and open market which it is the purpose of this Article to create. 

SECTION 5. When it is necessary in certain localities to meet competition from imported common window glass, special schedules 

may be filed stating prices lower and/or terms and conditions o.f sale 

more favorable than those provided in schedules hereinbefore mentioned by this Article. Such .special schedules shall be accompanied 

by a statement to the Code Authority specifying the extent of the 

competition from, character of, and prices for, such imported products, and the localities to which the same shall apply. 

ARTICLE VIII-CosTs AND PrucE CUTTING 

SECTION 1. The standards of fair competition for the industry 

with reference to pricing practices are declared to be as follows : 

(a) Wilfully destructive price cutting is an unfair method of 

competition and is forbidden. Any member of the industry or o:f 

any other industry or the customers of either may at any time com- plain to the Code Authority that any filed price constitutes unfair 

competition as destructive price cutting, imperiling small enterprise 

or tending toward monopoly or the impairment of Code wages and 

working conditions. The Code Authority shall within five (5) days 

afford an opportunity to the member filing the price to answer such 

complaint and shall within 'fourteen (14) days make a ruling or 

adjustment thereon. If such ruling is not concurred in by either 

party to the complaint, all papers .shall be referred to the Re:s~arc~ 
28 

and Planning division of N. R. A. which shall render a report and 

recommendation thereon to the Administrator. · (b) When no declared emergency exists as to any given product, 

there is to be no fixed minimum basis .for prices. It is intended that 

sound cost estimating methods should be used and that consideration 

should be given to costs in the determination of pricing policies. 

(c) 'Vhen an emergency exists as to any given product, sale below 

the stated minimum prices of such product, in violation of Section 

2 hereof, is forbidden. 

c:·EcTION 2. Enu:;rgency Provisions.-(a) If the Administrator, 

after investigation shall at any time find both (1) that an emergency 

has arisen within the industry adversely affecting small enterprises 

or wages or labor conditions, or tending toward monopoly or other 

acute conditions which tend to defeat the purposes of the Act; and 

(2) that the determination of the stated minimum prices for a specified product within the industry for a limited period is necessary to 

1nitigate the conditions constituting such emergency and to effectuate the purposes of the Act, the Code Authority may cause an impartial agency to investigate costs and to recommend to the Administrator a determination of the stated minimum prices of the products affected by the emergency and thereupon the Administrator 1nay 

proceed to determine such stated minin um prices. In determining 

such stated minimum prices, the Administrator may, on the recommendation of the Code Authority or on his own initiative, determine 

a minimum price for each product of the indu try (excepting, however, common window glass of steel sash and green house qualities), 

o£ those members of the industry, each of those shipments, averaged 

over the two (2) preceding calendar years, equals less than fifteen 

per cent (15 %) of the total shipments of the industry averaged over 

such two (2) preceding calendar years, which minimum prices shall 

be not more than five per cent ( 5% ) less than the minimum prices 

determined for such products of all other members of the industry. 

(b) VVhen the Administrator shall have determined such stated 

minimum prices for a specified product for a stated period, which 

prices shall be reasonably calculated to mitigate the conditions of 

such emergency and to effectuate the purposes of the National In-

'dustrial Recovery Act, he shall publish such prices. Thereafter, 

during such stated period, no member of the industry shall sell such 

specified products at a net realized price below said stated minimum 

prices and any such sale shall be deemed destructive price cutting. 

From time to time, the Code Authority may recommend review or 

reconsideration or the Administrator may cau e any determination 

hereunder to be reviewed or reconsidered and appropriate action 

taken. 

SECTION 3. 'Vithin sixty (60) days after the constitution and 

organization of the Code Authority as provided by Article VI, the 

Code Authority shall cause to be formulated methods of cost finding 

and accounting adequate to properly reflect and determine the cost 

of manufacture and primary sale of the products of this industry 

and capable of use by all members of the industry and shall submit 

such methods to the Administrator fo;r review. If and when approved by the A lministrator, full information concerning such 

methods shall be made available to all members of the industry by 
29 

the Code Authority. Within thirty (30) days, thereafter, each 

member of the industry shall notify the Code Authority that it has 

elected to adopt and use such approved methods to determine the 

cost of manufacture and primary sale for the products of the industry or submit to the Code Aut4ority full information of the cost 

finding and accounting methods it proposes to use, and if such latter 

methods are considered adequate by the Code Authority to properly 

reflect and determine cost of manufacture and primary sale of the 

products of this industry, such member of the industry may use such 

methods. Nothing herein contained shall be construed to permit the 

Code Authority, any agent thereof, or any agent of the industry to 

suggest uniform additions, percentages or differentials or other uniform items of cost which are designed to bring about arbitrary 

uniformity of costs or prices. 

ARTICLE IX-PRODUCTION STANDARDs, ETc. 

Seotion 1. Production Standards. 

The following shall be the standard grades of common window 

glass and no window glass of lower grade shall be sold or offered for 

sale by any member of the industry : 

(a) Single Strength Glass: 

"AA" quality 

"A" quality 

" B " quality 

(b) Double Strength Glass : 

"AA" quality 

"A" quality 

" B " quality 

" Greenhouse " quality; this grade shal'l be sold in the following size only: 16" x 18", 16" x 24", and 18" x 20", 

except that special sizes other than these may be sold if the 

purchaser certifies to the manufacturer that they are to be 

used for replacement or construction in connection with 

gTeenhouses, " Steel sash " quality; this grade shall be 

sold in the following sizes only: 12" x 18", and 14" x 20". 

The specific minimum requirements for "AA" quality, "A" quality, 

and "B" quality, in both single strength glass and double strength 

glass, shall be as set forth in Federal Stock Catalogue, Section IV 

(Part 5) "Federal Specification for Glass; Flat for Glazing Purposes", being Specification No. DD-G-451, approved :for promulgation by the Federal Specifications Board on April 28, 1931, hereinafter referred to as the Federal Specifications, the pertinent parts of 

which are attached hereto as Appendix A. 

" Greenhouse " quality is defined as a grade of double strength 

glass below the grade of " B " quality, but which does not contain 

defects that would cause breakage or that would be detrimental to 

growing plants. 

" Steel Sash" quality is defined as a grade of double strength glass 

below the grade "B" quality, but which does not contain stones, 

large blisters, or very heavy cords that might cause breakage, or present a very unsightly appearance when glazed in the sash. 

(c) Crystal sheet or heavy window gla s; this grade shall be sold 

in " Selected" and "Factory Run" qualities only. The specific 
30 

minimum requirements for " Selected " quality crystal sheet or hea:y, 

window glass shall conform to the Federal Specifications for "A ' 

quality, single strength and double strength glass. "Factory Run" 

quality crystal sheet or heavy window glass shall conform to the 

provisions of the Federal Specifications for " Factory Run " quality 

heavy sheet window glass. 

(d) Common window glass of sixteen (16) ounces weight per 

square foot or lighter; this glass c;;:hall be sorted and sold in "Superfine", "Selected", and "Standard" qualities only. The specific 

minimum requirements for" Superfine" quality," Selected" quality, 

and" Standard" quality shall conform to the Federal Specifications 

for "AA" quality, "A" quality, and "B" quality, single strength 

glass respectively. 

(e) Common window glass of thirteen (13) ounces weight per 

square foot or lighter; this glass shall be sorted and sold in "First", 

"Second" and "Reject" qualities only. The specific minimum requirements for " First " quality, " Second " quality, and " Reject" 

quality glass of this grade shall conform to the Federal Specifications for "AA" quality, "A" quality, and "B " quality, single 

strength glass, respectively. 

Provided that stock sheets of either single strength or double 

strength and grinders of double strength may be sold only to those 

equipped to grind and polish common window glass for the purpose 

of such further proces ing. 

SECTION 2. Tolerances in Thickness .-The standards of tolerance 

for thickness of comn1on window glass of various strengths shall be 

as follows: 

ForSingle Strength <Jlass __ ____________________________________________ _ 

Double 16-ouuuce StPicture rength <Jlass <Jlass_ _____________________________________________ --------------------------------------------_ 

ForCRYSTAL SHEET OR HEAVY WINDOW <JLASS: 

%G·inch glass .. ----------------------------------------- ~2}4 -inch glass--------------------------------------------------- -inch glass __________________________________________________ _ 

Lights per inch 

Minimum Average Maximum 

10.50 

7.50 

13.00 

11.00 

8.00 

13.50 

Thickness in inches 

11.50 

8.50 

14.00 

Minimum Average Maximum 

0.187 

. 212 

.240 

0. 193 

. 218 

24 

0.200 

. 225 

. 255 

Glass of sixteen (16) ounces weight per square foot or lighter may 

be manufactured and sold in any required thickness, and special 

thicknesses of cry tal sheet or heavy window glass may be manufactured and sold for special requirements without reference to the 

above .standards of thickness. 

SECTION 3. The production standards and tolerances in thickness 

prescribed by this code shall be revised from time to time to conform 

to any technological changes or advances which may occur in the 

industry. 
31 

ARTICLE X-DISTRIBUTION' uNITS OF SHIPME~T' DISCOUNTS 

SECTION 1. Oarload Shipments Defoned.-For the purposes of the 

application of this Article a carload shipment is defined to mean a 

railroad shipment o.f the minimum wBight a,s Bstablished and published by the railroads in the various territories served, and may be 

a mixed carload of common window glass. A rail and water or 

truck shipment of the minimum weight of a rail shipment shall be 

considered as its equivalent. 

SECTION 2. Unit o.f Sale andjor Shipment.-The minimum sale 

and shipment shall be a carload. 

SECTION 3. Tru;ck Shipment.-The shipment of each carload, delivery of which is made by truck, ;3hall be completed within seventytwo (72) hours (excluding holidays and Stmdays) from the time of 

beo-inning of loading. 

SECTION 4. Classification of Customers.-(a) In filing price terms 

under Article VII, each member of the industry may accord different discounts to its different classes of customers, specifying the 

cla,ss of customers to which a particular discount is applicable. Such 

classification may be in accordance with the classification of " quantity buyers" and "other car-load buyers", as herein defined, or any 

member of the industry may use such other classification of his or its 

customers as he or it may desire, in accordance with sub-paragraph 

(3) of paragraph (b) oft~ Section. 

(b) (1) A quantity buyer shall be defined as any buyer who shall 

have bought and received within the preceding twelve months or 

calendar year not less than the minimum requirements of common 

window glass, which have been shipped to his own stock, or if he 

shall have placed an order for shipment to his own stock for such 

amount in accordance with the provisions for prompt specifications 

and shipment contained in Rule 2, Article XI of this Code, as set 

forth below. Minimum requirements for quantity buyers are as follows: For quantity buyers located in Arizona, Idaho, Montana, 

Nebraska, Nevada, North Dakota, South Dakota, Utah, and Wyoming, 3,000 boxes of corrunon window glass per year; from quantity 

buyers located in Maine, New Mexico, Oklahoma, and Texas, 3,500 

boxes of common window glass per year; for quantity buyers located 

in Alabama, Arkansas, Colorado, Florida, Georgia, Louisiana, Mississippi, New Hampshire, South Carolina, Tennessee, and Vermont, 

4,000 boxes of common window o-lass per year, and for quantity 

buyers located in the District of C'olwnbia or in any other state or 

territory the minimum requirement shall be 5,000 boxes of common 

window glass per year. 

(aa) Within five days after the effective date of this code, the 

Code Authority shall obtain from the Window Glass Manufacturers' 

Association the records of the Association based upon reports from 

all members of the industry indicating the quantity buyers within 

the trade. Within the same period, each member of the industry 

shall file with the Code Authority a list of all of his customers who 

are entitled to classification as quantity buyers in accordance with 

the classification hereinabove set forth whose names have not theretofore been submitted to and made part of the records of the Window Glass Manufacturers' Association; provided, however, that 
32 

nothing herein contained shall in any way limit the right of each 

member of the industry to adopt his own independent classification 

of customers in accordance with paragraph (a) and sub-paragraph 

,(3) of paragraph (b) of this Section. 

(bb) In interpreting the above minimum requirements the aggregate purchases of the buyer, as above defined in paragraph (1) of 

this subsection, shall be taken as the basis, irrespective of the num- ber or location of the distributing warehouses or outlets operated by 

such buyer. For the purposes of thi.s Section the term" buyer" shall 

be deemed to include, but without limitation, distributing warehouses 

or agencies operated, owned, or controlled by a member of the industry or by two or more concerns having a common or joint ownership or control. 

( cc) The Code Authority shall .from time to time, but not less 

often than once each month, report to all members of the industry 

all changes in and additions to the list of quantity buyers as shown 

by its records. 

( dd) If the records and/or findings of the Code Authority as to 

the qualifications of quantity buyers should be questioned by any 

member of the industry or customer, appeal may be made to the 

Administrator by such member of the industry or customer who shall 

determine the matter upon the facts presented. 

(2) "Other carload buyers" shall be defined us buyers in ca.rload 

lots not included within the definition of "quantity buyers". 

( 3) Any member of the industry desiring to quote prices, discounts, and other terms and conditions of sale on any other basis of 

classification of customers shall define his or its proposed basis o.f 

classification in such a way as to avoid uncertainty and discrimination, and shall file the ,same in accordance with the provisions of 

Article VII of this code, and shall r efer thereto in filing price terms 

under said Article VII. 

(c) No member of the industry shall by intimidation, coercion or 

other undue influence cause or attempt to cause the inclusion of any 

customer in or the exclusion of any customer from any class of customers, or the exclusion of any clas,s of customers from the classification, or the use of uniform or stipulated prices, discounts or 

diff eren ti als. 

SECTION 5. Oonsigrvrnent Sales.-No member of the industry shall 

ship or offer to ship the products of this industry on consignment 

except (1) a,s may be provided in bona fide contracts and/or orders 

binding upon all parties thereto and executed prior to the approval 

~f this Code, or (2) under such circumstances as may be prescribed 

by the Code Authority subject to the approval of the Administrator. 

All such consignment co11tracts and/or orders, whether executed 

prior to the approval of this Code or thereaJter, shall be reported 

to the Code Authority or to such agency as it may designate. 

ARTICLE XI- TRADE PRACTICE RULES 

General Definition.-For all purposes of this Code the acts described in this Article shall constitute unfair trade practices. Any 

member of the industry which shall directly or indirectly, through 

an officer, employee, agent, or representative, knowingly use, employ, 
33 

or permit to be employed, any of such unfair practices shall be guilty 

of a violation of the Code. 

RULE 1. Labelling and BrcrJnding.-N o member of the industry 

shall sell or offer to sell or ship any light of common window glass 

unless each light shall bear a label designating its quality and thickness and the name, trade name, or registered trade mark of the producer, except that this provision shall not apply to lights of common 

window glass ordered by and furnished to the purchaser for : 

(a) silvering purposes, 

(b) automobile and/or body manufacturing, 

(c) specialty and/or novelty manufacturing, 

or to coilllnon window glass of other than "AA", "A", or "B" quality or to co1nn1on window glass of sixteen (16) ounce weight per 

square foot or lighter, or to cylinder glass more than three (3) years 

old as of the effective date of this Code. No member of the industry 

shall sell or offer to sell or ship any common window glass unless 

each container shall bear a brand or mark designating its quality and 

thickness and the name, trade name, or registered trade mark of the 

producer. All labels, brands, or marks shall be affixed by the member 

of the industry at the factory where such lights of glass are produced. 

RULE 2. Unspecified Oontracts.-No member of the industry shall 

accept any contract and/ or order for the products of this industry 

unless such contract and/or order provides that complete manufacturing data shall be furnished by the purchaser within thirty ( 30) 

days after the date of execution (signing or confirming) of such 

contract and/ or order, and that shipment shall be made within sixty 

( 60) days after the date of said execution of such contract and/ or 

order, except that this provision shall not apply to: (1) orders binding upon all parties thereto for the products of this industry required 

for an identified structure or construction project, or (2) to contracts 

and/or orders with the Federal Government of the United States or 

any of its departments or agencies, or with any State or any political 

subdivision thereof. 

RULE 3. Blacklisting.-N o member of the industry shall join or 

participate with other members of the industry who with such member constitute a substantial number of members of the industry or 

who together control a substantial per cent of the business in any 

specific product or products of the industry, in any transaction 

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

as a white list), which accomplishes the purpose of a blacklist. 

RULE 4. Post-Da.tirng.-No member of the industry shall post-date 

or pre-date any contract, invoice, quotation, or receipt, withhold frmn 

or insert in any contract, invoice, quotation, or receipt any statement 

which makes such contract, invoice, quotation, or receipt an inaccurate statement either in whole or in part or accept or offer to 

accept any such contract. 

RULE 5. Misrepresentation.-No member of the industry shall publish advertising (whether printed, r adio, 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, or strength) 

or credit terms, values, policies, services, or the nature or form of the 

business conducted. 
34 

RULE 6. Rebates.-N o member o£ the industry shall secretly offer 

or make any payment or allowance of a rebate, refund, commission 

credit, unearned discount, or excess allowance, whether in the form 

o£ money or otherwise, nor shall a member of the industry secretly 

offer or extend to any customer any special service or privilege not 

extended to all customers of the sam·a class, for the purpose of influencing a sa}e. 

RULE 7. R ebates for Defects.-All allowances on account o£ defects in quality shall be reported monthly to a confidential agent o£ 

the Code Authority. 

RuLE 8. Contingent Sales.-No member of the industry shall offer 

to sell or enter into any agreement to furnish common window glass 

contino-ent upon the sale or purchase of any other product, the performance of any other service or any other contingency not appearing in the contract of sale, or require that the purchase or lease of 

any commodity be a prerequisite to the purchase or lease of any 

other commodity. 

RULE 9. 001nbin.ation Sales of Industry and Non-IndUJStry Produots.-No member of the industry shall directly or indirectly combine quotations for any product of this industry with any quotation for any other material, labor, or service, for the purpose and 

with the intent or effect of concealing the true selling price of the 

product of this industry or with the intent or effect of injuring a 

competitor or violating any of the provisions of this Code. 

RULE 10. Inducing Breach of Oontract.-No member o£ the industry shall knowingly attempt to induce or permit its agent to 

induoe or attempt to induce the breach of an existing contract between a competitor and his customer or source of supply; nor shall 

any such member interfere with or obstruct the performance of such 

contractual duties or service. 

RULE. 11. 0 omm-eroial Bribery.-N o member of the industry shall 

give, permit to be given, or directly offer to give anything · of value 

for the purpose of influencing or rewarding the action of any employee, agent, or representative of another in relation to the business 

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

represented party, without the knowledge of such employer, principal, or party. This provision shall not be construed to prohibit free 

and general distribution of articles conunonly used for advertising 

except so far as such articles are actually used for commercial bribery 

as hereinabove defined. 

RULE 12. Defamation of Oompetitors.-No member o£ the industry shall defame competitors by falsely imputing to the.m dishonorable conduct, inability to perform contracts, questionable credit 

standing, or by other false representations or by the false disparagement of the grade or quality of their product. 

RULE 13. Threats of L aw Suits.-No member of the industry shall 

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

or intimidating their customers. 

RULE 14. Ooercion.-No member of the industry ,shall require that 

the purchase or lea e of any service or I roduct of this industry or 

any service or product of another inclu try be a requisite or prerequisite to the purchase or lease of any other service or product of 

this industry or any other service or product. 
35 

RULE 15. Special Service.-No member of the industry shall quote, 

sell, or offer to ,sell or otherwise dispose of window glass in carloads 

to be delivered to two or more parties direct in less than carload 

lots without making an extra charge therefor commensurate with 

additional cost. 

ARTICLE XII-APPEALS 

An interested party shall have the right of appeal to the Administrator, under such rules and regulations as he may prescribe, in 

respect to any decision, rule; regulation, order or finding made, act 

or omission to act, by the Code Authority whether or not ,so provided in any other part of this Code. 

ARTICLE XIII-MODIFICATIONS 

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 Act, from time to 

time to cancel or modify any order, approval, license, rule, or regulation issued under Title I o.f said Act and specifically, but without 

lin1itation, to the right of the Pre.sident to cancel or modify his 

approval of this Code or any conditions in1posed by him upon his 

approval thereof. 

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

may be modified on the basis of experience or changes in circumstances, such modification to be based upon application to the Administrator and such notice and hearing as he shall ,specify, and to 

become effective on approval o£ the President. 

ARTICLE XIV-Mo.J. OPOLIES 

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

ARTICLE XV-REGISTR.A TION OF MEMBERS OF THE I NDUSTRY 

Every member o£ the industry shall comply with the rules and 

r egulations o£ the Administrator as to r egistration with the Code 

Authority, or such other agency as the Administrator may direct 

and including, but without limitation, the number of shops, e,st ablishments, or separate units thereof and their location, as well as 

each additional shop, establishment, or separate unit opened after 

registration. 

ARTICLE XVI-EFFECTIVE DATE 

This Code shall become effective on the second Monday after its 

approval by the President. 

Approved Code No. 533. 

R gistry No. 1021-1-05. 
APPENDIX A 

[Excerpts from Federal Stock Catalogue, Section IV (Part 5), "Federal Specification for Glass; Flat for Glazing Purposes" (being specification No. DD-G451, approved for promulgation by the Federal Specifications Board on April 

28, 1931).] 

DE7l'AIL REQUIREMENTS FOR 'I'YPEJ B, CLEAR WINDOW GLASS 

E-2a. Requilrem ents tor aU tlvicknesse.,<~ .-Clea r window glass for glazlng is 

made in several different qualities and _____________ thicknesses -------------· Single strength and double strength window glass is regularly supplied in two 

standard qualities, known as A quality and B quality. A limited amount of 

this glass, known as AA quality, which is especially free from defects, is sometimes se-lected for special purposes and may be specified if desired. -----------· E-2b. Specific requirements for single and double strength glass. E-~b (1). A q1tality.-The defects permitted in this quality are faint strings 

or lines, slight burn, small seeds, small blisters, and light scratches. No light 

shall contain all of the e defects, and those present may not be grouped when 

in the central area of the sheet. Strings, lines, or burn specks shall not be of 

such intensity that they are visible when observing the sheet at an angle 

greater than 30° between the line of sight and the glass. Waves shall not be 

visible at an angle greater than 2"0° with the glass. Blisters shall not exceed 

% inch in length unless they occur near the edge of the sheet. 

In general, the central ar ea of the light shall be practically free from defects, 

and the appearance of the light as a whole shall be such that there is no 

perceptible interference with the Yision as long as one is not looking through 

the o·la. s at an acute angle. b (2.). B quali.ty.-This quality admits of the same kind of defects as 

A quality, but they may be larger, heavier, and more numerous. Occasional 

scattered blisters not more than one-half inch long may occur over the central 

area of the sheet. Larger blisters up to 1 inch in length may occur about the 

bordering areas. 

Waves should not be of such intensity that they are visible when observing 

the sheet at an angle greater than 45° with the glass unless on the border. 

Burn spots may be visible when looking directly through the glass, but they 

must not cause any appreciab:e depression, and the speckled appearance must 

not he o great as to interfere with Yi"'ion when examining the glass in the 

specified position. 

E-2c. Specific requirement for heavy sheet window glass. ---------------- E- 2c (2). Factory-nm quality.-This quality is the run of glass as produced 

by the fa ctory. It may contain glass of very good quality and some glass of 

very ordinary quality. However, the glass that contains heavy cords, lines, 

or strings over the entire surface, raised blisters, cap strings, stones, or batch 

particles causing a rou"·h , urface or d pres ion, or havin o- its surface covered 

with bea vy burn, wrinkles, deep scratches, or stone shall not be included in 

this quality. 

(36) 

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