fr^ Approved Code No. 84— Supplement No. 16 Registry No. 1122—18 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE SNAP FASTENER MANUFACTURING INDUSTRY (A Division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry) AS APPROVED ON APRIL 6. 1934 ^H£ DO OUR PART UNIV. OF FL US. j PPCUI^NTS DEPT.. ^ i A II n U.S. 0EPO81TO«Y UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of Documents, Washington, D.C. ----.--- Price 5 cents This publication is for sale by the Superintendent of Documents, Govern- ment 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 Commerce Building. 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Approved Code No. 84 — Supplement No. 16 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE SNAP FASTENER MANUFACTURING INDUSTRY As Approved on April 6, 1934 ORDER Approving Supplementary Code of Fair Competition for the Snap Fastener Manufacturing Industry a division of the fabricated metal products manufacturing and metal finishing and metal coating industry An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Industrial Recovery Act. approved June 16, 1933, and in accordance Avith the provisions of Section I of Article VI of the Basic Code for the Fabri- cated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, approved November 2, 1933, for approval of a Supplementary Code of Fair Competition for the Snap Fastener Manufacturing Industry, and hearing having been duly held thereon ; and the annexed report on said Supplementary 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, I, Hugh S. Johnson, Administrator for Industrial Recovery, pursuant to authority vested in me by Executive Orders of the Presi- dent, including Executive Order No. 6543-A, dated December 30, 1933, and otherwise ; do hereby incorporate b}^ reference said an- nexed report and do find that said Supplementary Code complies in all respects with the pertinent provisions and will promote the policy and purjioses of said Title of said Act; and do hereby order that said Supplementary Code of Fair Competition be and it is hereby ap- proved ; provided, however, that the provisions of Article VII, Paragraph (a), insofar as they prescribe a waiting period between the filing with the Code Authority and the effective date of revised price lists or revised terms and conditions of sale be and they are hereby stayed pending my further Order either within a period of 51069° 482-38 34 (1) sixty days from the effective date of this Supplementary Code or after the completion of a study of open price associations now being conducted by the National Recovery Administration. Hugh S. Johnson, Administrator for Industrial Recovery. Approval Recommended : A. R. Glanct, Divis-lon Administrator. WASHINtJTON, D.C., April 6, W34. REPORT TO THE PRESIDENT The President, The White House. Sir : This is a report on the Supplementary Code of Fair Compe- tition for the Snap Fastener Maniifacturino- Industry, a division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, the hearing having been conducted thereon in Washington, D.C., February 16, 1934. in accordance with the provisions of Title I of the National Industrial Recovery Act. GENERAL SFATEMENT The Snap Fastener Manufacturing Industry, being truly repre- sentative of this division of the Fabricated Metal Products Manufac- turing and Metal Finishing and Metal Coating Industry, has elected to avail itself of the option of submitting a Supplementary Code of Fair Competition, as provided for in Section I of Article VI of the basic Code, for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry approved by you on the second day of November, 1933. RESUME OF THE CODE Article I states the purpose of the Supplementary Code. Article II accurately defines specific terms employed in the Supple- mentary Code. Article III. This Industry is a division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry and the labor provisions of its Basic Code, as approved November 2, 1933, are the labor provisions of this Supplementary Code. Article IV establishes a Supplementary Code Authority consisting of five (5) members to be elected by the members of the Industry at a meeting called by the Temporary Supplementary Code Authority and gives the Administrator the authority to appoint one additional member without vote and provides machinery for obtaining statistics and the administration of the Supplementary Code. Article V provides for an accounting system and methods of cost finding and/or estimating. Article VI provides for determining the lowest reasonable cost of the products of this Industry. Article VII provides for methods of setting up and revising price lists, and for investigation of price lists and terms of sale. Article VIII sets forth the unfair trade practices of this Supple- mentary Code which has been especially designed to offset unfair competition in this division of the Industry. (3) Article IX provides against monopolies and monopolistic practices. Article X contains the mandatory provisions contained in Section 10 (b) and also provides for the submission of proposed amendments to the Supplementary Code. Article XI recognizes that price increases be limited to actual additional increase in the seller's costs. Article XII states the effective date of this Supplementary'^ Code. riNDIXGS The Deputy Administrator in his final report to me on said Supplementary Code having found as herein set forth and on the basis of all the proceedings m this matter: I find that: (a) Said Supplementary Code is ^vell designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including removal of obstructions to the free flow of interstate and foreign commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organiza- tion of industry for the purposes of cooperative action among the trade groups, by inducing and maintaining united action of labor and management under adequate governmental sanctions and super- vision, by eliminating unfair competitive practices, by promoting the f idlest possible utilization of the present productive capacity of in- dustries, by avoiding undue restriction of production (except as may be temporarily required), by increasing the consumption of indus- trial and agricultural products through increasing purchasing power, by reducing and relieving unemplovment by improving standards of labor, and by otherwise rehabilitating industry. (b) Said Industry normally employs not more than 50,000 em- ployees ; and is not classified by me as a major industry. (c) The Supplementary Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsection (b) of Section 10 thereof; and that the applicant 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 Supplementary Code is not designed to and will not permit monopolies or monopolistic practices. (e) The Supplementary Code is not designed to and will not eliminate or oppress small enterprises and will not operate to dis- criminate against them. (f ) Those engaged in other steps of the economic process have not been deprived of the right to be heard prior to approval of said Supplementary Code. For these reasons, therefore, I have approved this Supplementary Code. Respectfully, Hugh S. Johnson, Administrator. Apru. 6, 1934. SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE SNAP FASTENER MANUFACTURING INDUSTRY A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND METAL FINISHING AND METAL COATING INDUSTRY Article I — Purposes To effectuate the policies of Title I of the National Industrial Re- covery Act. the following provisions are established as a Supple- mentary Code of Fair Competition for the Snap Fastener Manu- facturing Industry. Pursuant to Article VI of the Basic Code of Fair Competition for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, approved by the President of the United States on the second day of November, 1933. the provisions of this Supplementary Code shall be the standard or fair competition for and shall be binding upon every member thereof. Article II — Definitions Section 1. The term " Snap Fastener Manufacturing Industry " means the manufacture of all snap fasteners other than those of the sew-on or slide (interlocking) type, in whole or in part. Section 2. The terms " President ", "Act " and "Administrator " as used herein shall mean respectively the President of the United States, Title I of the National Industrial Recovery Act, and the Administrator for Industrial Recovery under said Act. Section 3. The term " member of the industry " as used herein in- cludes but without limitation any individual, partnership, associa- tion, corporation or other form of enterprise engaged in the industry either as an employer or on his or its own behalf. Section 4. The t^rm " Basic Code " as used herein is defined to mean the Basic Code of Fair Competition for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry as approved by the President of the United States on the second day of November 1933. Section 5. The term " Supplementary Code Authority " as used herein means the agency which is to administer this Supplementary Code as hereinafter provided. Section 6. The term "Association " is defined to mean the Snap Fastener Manufacturers Association of America or its successor. Section 7. The term " Federation " as used herein is defined to mean the Fabricated Metal Products Federation or its successor. Article III — Employment Provtsions This Industry is a division of the Fabricated Metal Products Man- ufacturing and Metal Finishing and Metal Coating Industry, and without limitation the wage, hour and labor provisions in Article III (5) of its Basic Code as approved by the President November 2, 1933, in- cluding Section 1 of said Article III by which the provisions of Sub-sections (1), (2), and (3) of Section 7 (a) of Title I of the Act are made conditions of this Code, are specifically incorporated herein and made a part hereof as the wage, hour and labor provisions of this Supplementary Code. Article IV — Organization and Administration Section 1. During the period not to exceed sixty (60) days follow- ing the effective date of this Supplementary Code, the Supplementary Code Committee of tlie Industry shall constitute a temporary Supple- mentary Code Authority until the Supplementary Code Authority is elected. There shall be constituted within the sixty-day period a Supplementary Code Authority consisting of five members to be elected by the members of the Industry, at a meeting called by the Temporary Supplementary Code Authority, upon ten days' notice sent by registered mail to all known members of the Industry, who may vote either in person or by proxy. The members of the Supple- mentary Code Authority first elected shall serve until the following annual meeting of the Association, and thereafter, members of the Supplementary Code Authority shall be elected at each annual meet- ing of the Association to serve until the folloAving annual meeting. The members of the Supplementary Code Authority shall be elected in the following manner : (a) One member of the Industry by a majority vote of all mem- bers of the Industry present in person or by proxy, each member to have one vote. (b) One member vvdio is not a member of the Association by majority vote of all members of the Industry who are non-members of the Association, present in person or by proxy, each member to have one vote. (c) Three members by fifty-one percent vote of members of the Association present in person or by proxy, weighted on the basis of one vote for each member and one additional vote for each $100,000.00 of annual sales in the previous calendar year reported to the Tem- porary Supplementary Code Authority; provided, however that no one member may cast more than twenty percent (20%) of total number of votes cast. A vacancy in the membership of the Supplementary Code Author- ity may be filled by majority vote of the remaining members of the Supplementary Code Authority. In addition thereto the Admin- istrator may appoint one member without vote and without com- pensation from the Industry to serve on the Supplementary Code Authority, and together with the Administrator shall receive notice of and may sit at all meetings of the Supplementary Code Authority. Section 2. Any Association directly or indirectly participating in the selection or activities of the Supplementary Code Authority shall (1) impose no inequitable restrictions on membership, and (2) submit to the Administrator true copies of its Articles of Associa- tion, By-Laws, Regulations and any amendments when made thereto, together with such other information as to membership, organiza- tion, and activities as the Administrator may deem necessary to effectuate the purposes of the Act. Section 3. In order that the Supplementary 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 mny prescribe such Hearings as he may deem proper; and, there- after, if he shall find that the Supplementary Code Authority is not trulj'^ representative or does not in other respects comply with the provisions of the Act, may require an appropriate modification in the method of selection of the Supplementary Code Authority. Section 4. All members of the Industr}^ are subject to the juris- diction of this Supplementary Code; shall be entitled to participate in and share the benefits of the Supplementary Code Authority; shall be entitled to vote as provided in Section 1 of this Article, and shall pay their reasonable share of the expenses of the Adminis- tration of this Supplementary Code, such reasonable share to be determined by the Supplementary 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 by the Supplementary Code Authority. Section 5. Nothing contained in this Supplementary Code shall constitute the members of the Supplementary Code Authority partners for any purpose. Section 6. The Supplementary Code Authority shall also from time to time furnish to the Basic Code Authority, designated in said Basic Code, such information as may be required to be furnished under terms of said Basic Code. Section 7. The Supplementary Code Authority shall have the following further powers and duties under such rules and regulations as may be prescribed by the Administrator. (a) To insure the execution of the provisions of this Supple- mentary Code and provide for the compliance of the industry with the provisions of the Act. (b) To adopt such by-laws and rules and regulations for its pro-, cedure and for the administration of this Supplementary Code. (c) To obtain from members of the industiy such information and reports as are required for the administration of the Supplementary Code, which information and reports shall be submitted by members to such administrative and/or government agencies as the Adminis- trator may designate; provided that nothing in this Supplementary Code shall relieve any member of the industry of any existing obli- gations to furnish reports to any government agency. No individual reports shall be disclosed to any other member of the industry or any other party except to such governmental agencies as may be directed by the Administrator. (d) To use such trade associations and other agencies as it deems proper for the carrying out of any of its activities provided for herein, provided that nothing herein shall relieve the Supplementary Code Authority of its duties or responsibilities under this Supple- mentary Code and that such trade associations and agencies shall at all times be subject to and comply with the provisions hereof. 8 (e) To make recommendations to the Administrator for the coor- dination of the administration of this Supplementary Code with such other codes, if any, as may be rehited to tlie industr3^ (f) To secure from members of the industry an equitable and proportionate payment of the reasonable expenses of maintaining the Su})plementary Code Authority and its activities. (g) To cooperate with the Administrator in regulating the use of any N.R.A. insignia solely by those members of the industry who have assented to, and are comj^ lying with, this Supplementary Code. (h) To recommend to the Administrator further fair trade prac- tice provisions to govern members of the industry in their relations with each other or with other trades or industries and to recommend to the Administrator measures for industrial planning, including stabilization of employment. (i) If the Administrator shall determine that any action of a Code Authority or agency thereof may be unfair or unjust or con- trary 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 for the consideration by such Code Authority or agencj' pending final action which shall not be effective unless the Administrator approves or unless he shall fail to disap- prove after thirty days' notice to him of intention to proceed with such action in the original or modified form. Article V — Accounting and Costing (a) With respect to that portion of his product which is within the industiy, every member of the industry shall use an accounting system for determining his allowable cost which conforms to the principles of the uniform method of accounting, and the uniform method of costing, to be formulated by the Supplementary Code Authority and approved by the Administrator with such variations therefrom as may be required by the individual conditions affecting any member of the industry. (b) Selling Below Reasonable Cost. — When the Supplementary Code Authority determines that an emergency exists in this industry and that the cause thereof is destructive price-cutting such as to render ineffective or seriously endanger the maintenance of the pro- visions of this' Supplementary Code, the Supplementary Code Authority may cause to be determined the lowest reasonable cost of the products of this industry, such determination to be subject to such notice and hearing as the Administrator may require. The Administrator may approve, disapprove, or modify the determina- tion. Thereafter, during the period of the emergency, it shall be an unfair trade practice for any member of the industry to sell or offer to sell any products of the industry for Avhich the lowest reasonable cost has been determined at such prices or upon such terms or conditions of sale that the buyer will pay less therefor than the lowest reasonable cost of such products. When it appears that conditions have changed, the Code Author- ity, upon its own initiative or upon the request of any interested party, shall cause the determination to be reviewed. Article VI — Selling Below Cost No member of the industry shall sell or exchange any product of the industry, manufactured by him, at a price, or upon terms and conditions, Avhich will result in the purchaser paying for the goods receiA'ed, less than the allowable cost thereof to the seller, determined in accordance with a uniform method of costing de- scribed in Article V; provided, however, that any member of the industry may sell below his costs in order to meet competitive prices filed in accordance with the provisions of Article VII of this Sup- plementary Code, or to meet competition from products of equiva- lent design, character, quality, or specifications, manufactured outside the United States. Dropped lines, or seconds, or inventories which must be converted into cash to meet emergency needs may be disposed of by any mem- ber of the industry, at any price and on any terms and conditions, but only if such member of the industry has filed with Supplemen- tary Code Authority, not less than two weeks before such disposal, a statement in writing, setting forth the fact of and reasons for, such proposed disposal. Article VII — Price Lists (a) Ea<:h member of the industry shall within ten (10) days after the effective date of this Supplementary Code, file with the Supplementary Code Authority a net price list, or a price list and discount sheet, as the case may be, individually prepared by him, quoting prices for various grades and finishes to all buyers. Such i)rice lists shall be in such form as the Supplementary Code Authority may prescribe showing his current prices, or prices and discounts, and terms of sale and payment, and the Supplementary Code Authority shall immediately publish and send copies thereof to all known manufacturers of such specified products. Revised price lists and/or discount sheets and/or all other conditions of sale may be filed from time to time thereafter with the Supplementary Code Authority by any member of the industry, to become effective three (3) working days after actual receipt by the Supplementary Code Authority. Copies of such revised price lists and/or discount sheets and/or all other conditions of sale with notice of the effective date specified, shall be immediately published and sent to all mem- bers of the industry, who are cooperating in this Supplementary Code, any of whom may file if he so desires, to become effective upon the date when the revised price list and/or discount sheet and/or all other conditions of sale first filed shall go into effect, revisions of his price lists, and/or discount sheets and/or all other conditions of sale establishing prices or prices and discounts not lower or condi- tions of sale not more favorable than those established in the revised price lists and/or discount sheets and/or all other conditions of sale first filed.^ (b) If and when the Supplementary Code Authority shall deter- mine that in any branch or subdivision of the industry, not now ^ See paragraph 2 of order approving this Code. 10 Belling its product on the basis of price lists, with or without discount sheets, with fixed terms of sale and payment, the distribution or marketing conditions in said branch or subdivision are the same as, or similar to, the distribution and marketing conditions in a branch or subdivision of the industry where the use of price lists, with or without discount sheets, and other fixed conditions of sale, is well recognized, and that industry where the use of price lists, with or without discount sheets, Avith other fixed conditions of sale should be put into effect in such branch or subdivision ; then each manufac- turer of the product or products of such branch or subdivision shall within twenty (20) days after notice of such determination, file with the Supplementar}^ Code Authority net price lists or price lists and discount sheets, containing all other fixed conditions of sale, and such price lists and/or discount sheets and/or other fixed conditions of sale may be thereafter revised in the manner herein above pro- vided; provided, however, that the Supplementary Code Authority shall make no determination to place any product of the industry (not now on a price list basis) on a price list basis as provided in this paragraph (b) of Article VII unless two-thirds of the mem- bers who are at that time engaged in manufacturing such product, shall affirmatively consent that such determination be made. (c) The Supplementary Code Authority shall have power, on its own initiative, or on the complaint of any member of the industry, to investigate any price or the terms of sale and payment for any product shown in any price list and/or discount sheet filed with the Supplementary Code Authority by any member of the Industry. Each member of the industry shall furnish the Supplementary Code Authority for distribution with such number of copies of his price lists and/or discount sheets as Supplementary Code Authority may prescribe, and such price lists shall be available at cost to any interested parties. (d) No member of the industry shall sell, directly or indirectly, by any means whatsoever, any product of the industry covered by provisions of this Article VII at a price or at discounts, or on other conditions of sale different from those provided in his own current net price lists, or price lists and discount sheets. Article VIII — Ukfair Trade Practices In addition to the Unfair Trade Practices covered by Article V of the Basic Code for all purposes of this Supplementary Code the following described acts shall constitute unfair practices. Any niem- ber of the industry who shall directly or indirectly through any officer, employee, agent or representative use or employ any of such unfair practices shall be guilty of a violation of this Supple- mentary Code. Rule 1. For the purpose of influencing a sale no member of the industry shall secretly directly or indirectly offer to make any pay- ment or allowance of a rebate, refund, commission, credit, unearned discount or excess allowance, whether in the form of 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 same class. 11 RiHjE 2. No member of the industry shall ship g;oods on consign- ment except under circumstances to be defined by the Supplementary Code Authority, where peculiar circumstances of the industry require the practice. Rule S. No member of the industry shall knowingly withhold from or insert in any quotation or invoice any statement that makes it inaccurate in any material particular. E.ULE 4. No member of the industry shall disseminate, publish, or circulate any false or misleading information relative to any product or the price for any product of any member of the industry. KuLE 5. No member of the industry shall disseminate, publish, or circulate false or misleading information relative to products manufactured by him, or encourage or continue to sell to any dis- tributor who persists in such practice. EuLE 6. No member of the industry shall give, permit to be given, or directly offer to give, anything of value for the purpose of in- fluencing or rewarding the action of any employee, agent or rep- resentative of another in relation to the business of the emj^loj^er of such emplo^^ee, 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 dis- tribution of articles commonly used for advertising except so far as such articles are actually used for commercial bribery as herein- above defined. Rule T. No member of the industry shall attempt to induce the breach of a contract between a competitor and his customer or source of supply; nor shall any member interfere with or obstruct tlie performance of such contractual duties or services. Rule 8. No member of the industry shall fail to charge the cus- tomer for stamping dies for special stampings in any case where the quantity ordered is below the minimum quantity quoted in printed price lists. Rule 9. No member of the industry shall fail to fix minimum quantities for production runs of specially designed products with definitely stated additional charges if production schedules are so small as to necessitate shorter runs. Rule 10. No member of the industry shall warrant or guarantee any product of the industry without limiting said warrant or guar- antee specifically to the replacement of defective merchandise. Rule 11. No member of the industry shall accept cancellation of specially designed orders except upon reimbursement for losses resulting. Rule 12. No member of the industry shall ship in greater quanti- ties than are invoiced and paid for. Rule 13. No member of the industry shall replace worn out dies with new dies unless he shall procure the return of such old dies. Rule 14. No member of the industry shall supply full automatic or semi-automatic attach hig machines (i.e. either foot or power driven) except on outright sale or on the basis of a fixed rental royalty or service charge, the terms of such agreement to be filed with the Supplementary Code Authority. All rental charges for such machines shall be printed and rigidly adhered to and shall be 12 in accordance with a form to be determined by the Supplementary Code Authority and approved by the Administrator. Rule 15. No member of the industry shall fail to imprint on all order forms and bill headg definite credit terms, prices, and trade discounts, or shall fail to rigidly adhere to and enforce all such terms and conditions. Rule IG. No member of the industry shall aid or abet any person, firm, association, or corporation in any unfair practice established in this Code. Article IX— Monopolies No provision of this Supplementary Code shall be applied so as to permit monopolies or monopolistic practices, or to eliminate, oppress or discriminate against small enterprises. Article X — Modifications Section 1. This Supplementary Code and all the provisions there- of are expressl}'^ made subject to the right of the President, in accordance with 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 said Act. Section 2. This Supplementary Code, except as to provisions required by the Act, may be modified on the basis of experience or changes in circumstances such modifications to be based upon appli- cation by the Supplementary Code Authority to the Administrator and such Notice and Hearing as he shall specify and to become effective and be a part of this Supplementary Code on approval by the President. Article XI — Price Increases Whereas the policy of the Act to increase real purchasing power will be made more difficult of consummation if prices of goods and services increase as rapidly as wages, it is recognized that price increases except such as may be required to meet individual costs should be dela^^ed, but when made, such increases should, as far as possible, be limited to actual additional increases in the seller's costs. Article XII — Effective Date This Supplementary Code shall become effective at 12 : 01 o'clock A.M., on the tenth day after it is approved by the President. Approved Code No. 84 — Supplement No. 16. Registry No. 1122-18. o rinlX^'^^'^^ O"" FLORIDA liillliiililliii 3 1262 08855 7748