Code of fair competition for the slide fastener industry as approved on January 31, 1934

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Material Information

Title:
Code of fair competition for the slide fastener industry as approved on January 31, 1934
Portion of title:
Slide fastener industry
Physical Description:
p. 635-647 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Fasteners -- United States   ( lcsh )
Zippers -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1122-1-05."
General Note:
"Approved Code No. 243."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952395
oclc - 63655250
System ID:
AA00007039:00001

Full Text







NATIONAL RECOVERY ADMINISTRATION





CODE OF FAIR COMPETITION

FOR THE


SLIDE FASTENER INDUSTRY


UNIV. OF FL LIB.
DoCU~ll DErI




U.S. DEPOMTORY/


I'* I
#ura sale by the Superintendent of Documents, Washington, D.C. Price 5 cents


Approved Code No. 243


Registry Nor. 1122--1-05


AS APPROVED ON JANUARY 31, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934

























This publication is for sale by the Superintendent of Documents, Government
Printing Oflfice, Waslhington, D).C., and by district offices of the Bureau of
Foreign and Domestic Commerce. r
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Meas.: 1801 Custombouse.
Buifldo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 17i06, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas. Tex.: Chamber of Commerce Building.
Detroit, M~ich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 220 Federal Building.
Minneapolls, Mlinn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chnmber of Commerce Building.
Portland, Oreg.: 215 New Post Offlee Building.
st. Louis, Mo.: 506 Olive Street.
Ban Franelsco, Calif.: 310 Customhouse.
Seattle. Wash.: 800 Federal Office Building.














Approved Code No. 243


CODE OF FAIR COMPETITION
FOR THE

SLIDE FASTENER INDBUSTIRY

As Appr~oved on January~ 31, 1934





ORDER

APPROVING CODE OF FAIR COMPETITION
FOR THE

SLIDE FASTENER INJDUJSTRYI
An application having beeni duly nind~e pursu~~antt to anld in full
compliance with the provisions of Title I: o~f thte Niational I~ndustrial
Recovery Act, approvred June 16, 1933, for approvral of a Code of
Fair Competition for the Slide Fastener Industry, and hearings
having been duly held thereon andl the annexed report on said Code,
containing findings with respect thereto, hna-irng been made and
directed to the President:
NOWV, THEREFORE, on behalf of thre President of the United
States, I, Hugh S. Johnson, Admiinistrator for Inidustr~ial Recovery,
pursuant to authority vestedl iln me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
19;33, and otherwise; do her~eby incor~pora~te by r~efer~ence said annexed
report and dlo findl that said Code comlplies in all respects with the
pertinent provisions and wFill promote the policy and p~urposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved; ,provPided that thle c~on-
tinued participation of the Slide Fastenier Manufacturerss Association
of Amnerica in the Code Authorityv after thirty days from the effectivee
date of this Code shall be contingent upon its amending its con-
stitution and bylaws to. the satisfaction of th~e Administrator; and
further p~rovided that th~e provisions of Article VII (Rule 2), insofar


3710'io-313-168---34


(6.3 5






636
as: they~ prescrribe a wit~ing period between the filing with the Code
Authority andi the effective date of revised price lists or revised
terms~ andl cond~tions~ of sale beP and they are herebyV stayd Ipendi;ng
myv further Ord~er either within a per~iod2 of sixty days from the
effective dante of this Code or after the completion of a study of
open pr'ice assorciations now being conducted by the National Re-
co ve ry Admli ni strla tio n.
Hanc S. JOHNSON,
Admz.inistfra~tor forr Indu~strialC R'cov'ery.
Approval recommended :
W'. A. HIAnnIMAN,,
D)ivision. Ad m in istrator.
VCASHINGTON, D.C.,
January 31, 19~34.












The PRESIDENT,
The~ Wh'ite House.
SIR: This is a report on thle Code of Fa~ir Competit~ion for the
Slide Fastener Industry, aind on the hearing conducted thereon in
Wa'zshingaton, D.C., on December 13, 1933, in arclcrdnc~e with the
p~rov'isions of thle National I~ndustrial Recovery Act.
afSUMEr OF LABOHR PRO\'ISTIONS

Office employees shall not be permlittedd to wobrk in excess of a
four-~eek; avra'gr e of 410 hours per week, nor in excess.i of 48 hours
in any one week.
A limited number of employees engaged' in eme1rgency' minteniance
or repair work, a~nd high~ly skilledl employees, the restriction of
whose working hours would necessarily r~estr~ictb prodluctionl or the
employment of others, may w~ork not to exceed 40 hlour~s per week
averaged over a period of 26 weeks, but time and one half shall be!
paid for such wTor~k in excess of 406 hours per -week, except that dur~ing
periods of peak or br~eakdown demlandl, necessary overtime may be
worked, but not to exceed 48 hours in any~ one w~eek or 96 hours in
anly six months' period., Time and one half shall be paid for work
in excess of 8 hours per d~ay or 40 hours per week.
These provisions shall not apply: to outside salesmen or to persons
emiployedl in a managerial, execuitive, or advisory capacity, or in a
capacity of sole recspo~ns;ibility,, who receive mnore than $35 per week;
nor shall they apply to w~atchlmen, who maay be employed not to
exceed 42! hours per week averagedl over any period of 13 con!secutive
weeks.
The minimum wange for all employees shall be 404 per hour for
mlaless and 3'i44 per hour for females, except that a limited number
of learners and apprentices may~, for a limited period of time, be
paid at the rate of 3'L2C .,0er hour. Female emp~loyees per~forminirg
substantially the same work as male emplloyees are perfor~ming undcer
substantially the samle conditions shall r~eceivecr the same rate of pay;
provided, however, that where anly law~ prohibits the, employment
.of females dluringr night hours, work performedet at night shallbe
considlered to be performed under substantially di~fferenlt conditions
from the samne ror~k during~ the day.
Equitable adjustments in all pay schedules of all empyloyees above
t~he minimum shall be made on or, before thae effective dtlne of thle
Code by employers who have not heretofore miade such adjustmnents.
No person under 16 years of gec shall be emlployed in the Indlustry
andi no person under 18 years of age shall be employed inl operations
or occupations whiich are hazardous inl nature or danger~ous to health.
GENERAL STATEMIENT

This Industry is engaged in the manufacture of slide fasteners,
more popularly known as zipplers." Practically the entire pr~odue-
(637)






638


tion of the Inldustry is sold as manufactured material to a trade
consisting of concerns wThich, themiselves, are manufacturers in a.
wide variety of linies, among which are included manufacturers of
clothing of a great s ai~iety the leather products industry, the ladies'
handbllag industry, anrd the footwear industry. In such industries as
the clothing andc the leather manufacturing industry, there are lit-
erally hundlreds of different articles of merchandise in which slide
fast~eners lr~e emplloyed.
The following statistics are submitted by the Slide Fastener M~anu
fueturlers~ Association of America, to which all known members of
the Indlust ry belong.

NumerofMinimum Maximum Wel netd Dla
emploees e eours pay roll capital sales

1928.___._.-~.................. 671 $0. 256 61.6 $18. 200 $2, 4;8,167 $2, 565, 092
1929.~~~-.~~~.~.~.~~........... 924 238 67. 5 23, 350 3, 273, 758 4. 237, 837
1930 ...~.._...~ .~~~.-~........ 1, 034 238 66. 3 24, 050 4, 365, 136 4, 997, 211
193 .................. 220 223 67. 7 29, 850 5, 758, 482 5. 355, 384
1932......_..... ...~.~......... 1, 309j .217 68. 6 30, 100 6, 064, 564 4. 948, 007
1933.._..~_~... .. .... ...~~.~. ..... ... .. ........ 6, 812, 396 7, 360, 025
January.~.~....~. ~~......... 1, 182 .220 67. 0 28, 500 ............
M arch. .. ..... .. .. 1, 262 .21I 65, 4 28. 700 ...... .....
Alovem ber .. .. 1,726 .343 44. 2 ... .. .. .. .. ...

FINDINGS

The Deputy Administrator in his final repott eo adCd
having found as herein set forth and on thbss ot all the prsad o-
ceedings in this matter:
I find that:
(a) The Code will promote the policies and purposes of Title I
of the Act, including removal of obstructions to the free flow of
interstate and foreign commerce which tend to dimninish~ the amount
thereof and will provide for the general welfare: byv promoting the
organization of industry for the purpose of cooperative action among
the trade groups, by inducing and maintaining united action o
labor and management under adequate governmental sanctions and
supervision, by eliminating unfair competitive practices, by pro-
moting the fullest possible utilization of the present productive
caPacesty of industries, by avoiding undue restriction of production
(except as may be temporarily required), by increasing the consumpt-
tionn of industrial and agricultural products through increasing pur-
chasing power, by reducing and relieving unemployment, by im-
proving standards of labor, and by otherwise rehiabilit.ating industry.
(b) Said Industry normally employs not more than 50,000 em-
p'loyees and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of Title I of the. Act, including without limitation
Subsection (a) of Sction 3, Subsection (a) of Section 7, and Sub-
section (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 equitable restrictions on admission
to memnbersh~ip- therein.






639


(d) The Code is not. designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not de~signedl to and~ will not eliminate or oppress
small eniterp~rises and wTill not operate to dliscrimlinate, against them.
(f) Those engagedl in mother step~s o.f the economic ~r~oce~s have
not been deprived of thle right to b~e hear~d p~rior to appr~ovail of said
Code.
Fo these reasons, ther~efor~e, I have appr~oved this Code, subject
to th~e following con-dition: that the continued participation of the
Slide Fastener Rlanufacturrsl~ Association of Amncaiir in, the Code
Auth~ority after thirty~ days fr~om the effect ive clate of this Code shall
be contingent upon its amiendling its constitution and bylaws to the
satisfaction of th~e Administrator.
R~s pec tfully,1'
Hoonr- S. JoHnson,

JANUARnY 31, 19341.











FOR THEI

SLIDE FASTENER INDUSTRY


ARTICLE I--PURPOSES

To effectuate thle policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Slide Fastener Industry, and shall be
the standards of fair competition for such Ind~ustry and shall be
binding upon every member thereof.
ARTICLE II-Dr~FnNrrIONs
The termi Industry as used herein includes and means the
manufacture and sale of slide fasteners in the United States or its
possessions, and such branches or subdivisions thereof as may from
time to time be included under the provisions of this Code by the
President after such notice and hearing as he may prescribe.
The termi slide fastenier as used herein is defined to mean that
form of fastening device which includes a pair of rows of inter-
engageable fastening elements which ma~y be engaged or diisengaged
by a member slidable along the rows.
The term member of the. Industry means and includes, but
without I~mitation, any individual, partnership, association, cor-
poration, receiver, or other person engaged in the Industry, either
as an employer or on his own behalf.
The term "L employee as used herein means and includes any and
all persons engaged in the Industry except a member of the Industry,
however comnpensated.
The ter~m employer as used herein means and includes but
w~ithlout limitation all individuals, partnerships, associations, trusts,
corporations, and receivers in the Industry by whom such employees
are emnployed.
The terms President ", Act ", and "Admiinistrator as used
herein shall mean, respectively, the President of the United States,
Title I of the National Industr~ial Recovery Act, and the Admninis-
trator for Indurstrial Recovery.
Population for the purposes of this Code shall be determined by
reference to thle latest. Federal Census.
ARTICLE III-H~oUns
rSECTION i. No accounting, clerical, or office employees shall work
or be permitted to work more tbhanl forty (40) hours per week aver-
aged over any period of four (4) consecutive weeks nor more than
forty-eight (48) hours in any one week.
SEC. 2. NO employee, except accounting. clerical, or office em-
ployees, shall work or be permitted to work in excess of forty (40)
(640)


CODE OF FAIR COMPETITION






641


hours per week, provided however, that this limitation of mnaximumn
weekly hours shall not apply under temporary conditions where
seasonal or peak demand or break-down imposes an unusual and
temporary burden, in which case such. number of hours may be
worked as are required by the necessity of the situation not to exceed
forty-eight (48) hours in any one week nor overtime in any six (6)
months' period in excess of ninety-six (96) hours, provided further,
that tim~e andl one half or rate and onle half, as the case may be, shall
be paid for all timre wForked in excess of eight (8) hours mn an one
day of forty (40) hours inc any one w79eek.
SEC. 3. The maximum hours fixed in Section 2 of this Article shall
not aIpply to employees engaged in, emergency, maintenance, or repair
work, nor to highly skilled employees, thie restriction of whose work-
ing hours wouldl necessarily restrict production or the emlploy~ment
of other, but the number of employees subject to this Setction shall
not at any time. exceed fifteen (15-) per cent of the total number of
employees of any employer, and in, any, such case at least time and
one half or rate and one half, as the case may be, shall be~ paid
fPor hours worked in excess of forty (40) hours in any one week;
provided however, the number of hours of actual employment of
any such employee shall not exceed an average of forty (4) ourskhoa
per week over a period of twenty-six (26) consecutive wees
Snc. 4. The foregoing pr'ovisions of this Article shall not apply to
outside salesmen or to persons employed in a managerial, executive
or supervisory capacity, or mna capacity of sole responsibility, receiv-
ing more than thirty-f~ive dollars ($35.00) per ~week, nror shall they
apply to watchmen, provided, however, that watchmen shall not be'
employed in excess of fortyv-two hours per week, averaged over any
period of thirteen (13) consecutive weeks.
SEc. 5. No employee shall work, or shall knowingly be permitted
by an employer to work, for a total number of hours in excess of the
number of hours prescribed for 'each weekr or day, whether emrployed
by one or more employers.
ARTICLE I[V- AG~ES
SECTION 1. O CFliI EmlployjetS.--NO accounting, clerical Or Otfice emr-
ployee shall be paid less than at the rate of fifteenl dollars ($15.00) per
week in any city of over five hundred thousand (500,000) population,
or in the iniunediate trade area of such city; nor less than at the rate
of fourteen dollars and fifty cents ($14.50) per week in any city of
between two hundreds fifty thousand (250,000) and five hundred thou-
sand (500,000) population, or in the immediate trade area of such
city; nor less than at the rate of fourteen dollars ($14.00) per wreek
for cities or towns of less than twro hundred ~fifty thousand (25f0,000)
population.
SEC. 2. Fa~ctory and Other Emnp70loyee.c--Thie minimum wage of any
employee, excepting accounting, clerical or office emnployees and learn-
ers and apprentices, shall be forty~ cents (41001) per' hour for males and
thirtyg-sven and one half cents (37%eh) per hour for females. Fe-
male employees performingn substantially the samne work as male em-
ployees are performing under substantially t~he samie conditions shall
receive the same rate of pay; provided, however, that where any law
prohibits the employment ofl females during night hours, work per-






642


formed at night shall be considered to be performed under substan-
tially different. conditions from the same work performed during the
day. When during periods of slump production male employees are
transferred temporarily from work carrying a higher rate of pay to
work carrying a lower rate of pay and ordinarily performed only by
females, the abovee specified differentials in minimum rates may apply
as b~et~ween males and females whlo mnay thus as a consequence be tem-
pol~rarly Iperfor~ming substantiallyr the same w~ork under substantially
thle same conditions. The Code Authoritby shall within ninety days
after the effective date of thiis Code file with the Administrator a
description of all operations in the Industry in which both men and
women are emnployed.,
SEc. 3. The miiinimum wafge for learners and apprentices shall be
thirty-two and one half (321.2) cents per hour; provided, however,
thIat learners on piece-rate operations whose ea rnings exceed the above
minimum shall be paaid the full amount they actually earn, and pro-
vridedl, further, that learners and apprentices employed by any indi-
vidual emiployer shall not. collectively exceed ten percent (109'c) of
the total number of employees of suchI employer. No employee shall
be considered a learner after eight weeks of employment by any em-
ploy~er, and no employee who has been employed for eight weeks or
longer shall be reengaged byr the same employer as a learner.
SCEc. 4. All apprepntices; receiving less than the minimum wage of
forty cents (404) per hour must. be under the age of twenty-one (21)
years and under written contract. with an employer covering a definite
period of instruction in any specific craft recognized by the American
Fedlera tion of Labor.
SEC. 5. Any person whose earning capacity is limited because of age
or physical or mental handicap may be employed on light work at a
wage below the minimum established by this Code if the employer
obtains from t.he State Authority designated by the United States
Depa rtment of Labor a certificate authorizing his employment at such
wages andi for such hours as shall be stated in the certificate. Such
Authority shall be guided byv the instructions of the United States
Department of Labor in issiling certificates to such persons. Each
emlployver shall file with the Code Authority a list of all such persons
employed by him.
SEC. 6. CNOVO??kne~d liIR/7R.Mun..-This Article establishes a minimum
rate of pay which shall apply, irrespective of whether an employee is
actually compensated on a time rate, piecework;, or other basis.
SEC. i. If'nyC Adjus-lctinents.- Equitable adlj ustments in all pay sched-
ules of all employees above the mninimumn shall be made on or before
the effective date of the Code by employers who have not heretofore
mnade such adjustments anld the first monthly reports of wages re-
qluir~ed- to be filed under t~he Ciode shall contain all wage increases
since June 16, 1933.
AuRICLE V--GENERAL LABnOR PROV'ISIONs
SECTION 1. Child Larbor Provlisions.--No person under sixteen (16)
years of age shall be employed in the Industry. No person under
eighteen (18) years of age shall be employed at operations or occu-
pantions which are hazardous in nature or dangerous to health.
,WVithin ninety (90) days from the effective date of this Code each







643


member of the Industr~y shall furnish to the Code Authority, herein
provided, a list. of the hazardous occupations, operations, and ma-
chines mn its plants.
SEc. 2. Pl~roisio~nS from the Act.-(a) Emlployees shall have the
right to organize a~nd bargain collectively through representatives
of their own choosing and shall be free~ from the interference, re-
stlaint, or coercion of employ~ers o~f labor or their agents, in the
designation of such representnatives, 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 re-
frain from joining, organizing, or assisting a labor organization of
his own choosing, and
(c) Employers shall comply with the mnaximum hours of labor,
minimum rates of pay, and other conditions of emzplolyment ap-
proved or prescribed by the Pr~esident.
SEC. 3. Reckd88/fictilOn Of Emprloyees.-No employer shall re-
classify employees or duties of occupations performed or engage mn
any other subte~rfuge for the purpose of defeating the provisions of
the Act or of this Code.
SEC. 4. Pflae La8208.- NO provisions in this Code shall supersede
any law within any State woPhich imposes more stringent requirements
on employers as to age of employees, wages, hours of workr, or as
to safety, health, or sanitary conditions, or insurance, or fire protec-
tion, or general working conditions, than are imposed by this Code.
SEC. 5. Poetinlg.-A-ll employers shall post complete copies of this
Code in conspicuous places accessible to all employees.
ARTICLE VJI[-OROANIZATION, ']OWERS, ALND DUTIS OLF THE CODE
AUTHORITY
SECTION 1. Origa~nization.--A Code Authority is hereby constituted
to cooperate with t~he Administ~rator in ~the administrationn of this
Code.,
SEC. 2. The COde AuthorityI shall consist of five (5) mrember ap-
pointed by the President of t~he Slide Fastener Mlanufacturer~s' Asso-
ciation o~f America, subject to th~e approval of the Board of Directors
of the Association, but no more than on~e mIember shall be appointed
from one member of the Industry. Each duly -appointed member
of the C~ode Authority mayL designate, with the approval of the Code
Authority, an alternate member w~ho may act as a member of the
Code: Authority in the absence of the appointed member desig-
nating him.
In adfdition, the Administrator may appoint not to exceed three
(3) members of the Code Authority without vote who shall serve
for terms of fromt six months to one year and whose terms of appoint-
ment shall be so arranged that they dco not expire at the same time.
The representatives who may be appointed by the Administrator .
shall be given notice of and may sit at all meetings of the Code
Authority.,'
a See paragraph 2 of order approving this Code.






644


SEC. 3. The Slide Fastener Manufacturers' Association shall (1)
impose no inequitable restrictions on membership and (2) submit to
the Admlinistratorr true copies of its articles of association, bylaws,
regulations, a.nd any amendments when made th~ereto, together with
such other information as to membership, organization, and activities
as the Administrator mlay deeml necessary to effectuate the purposes
of the Act.
SEC. -1. In Order that. the Code Authority shall at all times be truly
representative of the Indlustry and in other respects comply with the
provisions of the Act, the Adiministrator may provide such hearings
as hie may deeml proper; and thereafter if he shall find that the Code
Authority is not tr'uly representative or does not in other respects
comply with the provisions of thie Act, miay require an appropriate
modification in the method of selection of the Code Authority, or
any sub-Code Aluthority.
$Ec. 5. Members of t'he Industry shall be entitled to p~articipate in
and share the benefits of the activities of the Code Authority by
assenting to and comuplying with the requirements of this Code and
sustaining their reasonable share of the expenses of its adminijt~ra-
tion. Such reasonable share of the expenses of administration shall
be! d-etermiined by the Code Authority, subject to review by the Ad-
miinistrator, on the basis of such factors as may be deemed equitable.
SEc. 6. Nothing contained in this Code shall constitute t~he nemn-
bers of the Code Authority partners for any purpose.
SEc. 7. Powlers anld Duties.--The Code Authority shall have the
following powers and duties to the extent. permitted by the Act,
subject to the right of the Adm~inistrator, on review, to disapprove
any action taken by the Code Authority7.
A. POWERS

(a) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein and to pay such trade associations and agencies the cost
thereof, provided that nothing herein shall relieve the Code Author-
ity 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.
(b) To coordinate the administration of this Code with such other
codes, if any, as may be related to the Industry, or any subdivision
thereof, and to delegate to any other administrative authority, with
the approval of the Administrator, such ~pow~ers as will promote joint
and harmonious action upon matters of common interest.
(e) To secure an equ~itable and proportionate payment of the
expenses of maintaining the Code Authority and its activities from
those members of the Industry who necept the benefits of the activ-
ities of t~he Code Authority or otherwise assent to this Code.
(d) To make recommendations for fair trade practices, including
provisions against selling below cost, and otherwise to assist the
Admninistrator in effectingl the purpose of this Code and Act. Any
such re~commendation upon thle approval of the Administrator, after
uch hearing anid notice as he shall prescribe, shall become part of
this Code.
(e) To initiate, consider and make recommendations for the modi- .
fiction or amendment of this Code.






645


IA DUTIE
(a) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code, in accord-
ance with the powers herein grated, and to submit the same to the
Administrator for his approval together with true copies of any
amendments or additions when mnade thereto, minutes of meetings
when hleld, and such other information as to its activities as the
Admninistrator ma~y deem. necessary to effect the purposes of the
Act.
(b) To obtain through a confidential agency from members of
the Industry periodical reports in such form and at such times with
respect to wages, hours of labor, conditions of employment., number
of employees, anrd such other matters pertinent to the purposes of
this Code as the Code Aurthority, with t~he approval of the Admlinis-
trator, may require for the administration and enforcement of this
Code, and to submiit reports to the Administrator in such form and
at such times as he may require in order that the PI-resident may
be informed as to the observance or nonobservance of this Code and
to further effectuate the policies of the Act. The confidential agency
shall be an accountant or firm of accountants of national reputation
andallreprtsrecive bysuch confidential agency shall be he~ld as
secret and confidential addslsdt oproecp htte
shall be made' available to the Administrator on request to t~he
Code Authorit~y. Such agency shall analyze, digest, and consolidate
such reports and except as provided abovPe shall disclose, but only
to the Code Authority, general findings based thereon and necessary
to the administration of the Code. Where a specific investiggation
is required by the Code Authority of any member of the Industry to
determine whether or not such member has violated T'rade Practice
Rule 1 of this Code, the agency for stich investigation shall be one
of not less than three accountants or firms of accountants nominated
by such member of the Industry, but in the absence of such nomina-
tion after notice from the Code Authority, the. Code Authority
may select such agency on its own initiative. Any accountant or
firm of accountants selected or nominated to act under thme pro-
visions of this section shall be a certified public accountant or firm
of certified public accountants or an accountant or firm of account-
ants having the equivalent in qualifications and ability of a certified
public accountant; provided, however, that as to any service to be
performed in any particular State or Governmental subdivision of
the Unitedl St~t~es, such accountant or firm of accountants in any
event shall have qualifications required by law in such State or
Governmental subdivision of the United States for the performance
of such service.
(c) To receive complaints of violations of this Code, make inves-
tigations thereof, provide hearings thereon, and adjust such comn-
plaints, and bring to the attention of the Administrator for prosecu-
tion, recommendations and information relative to unadljusted
violations.
(d) To cooperate wit~h the Adminnistrator in regulating the use
of the N.R.A. Code Insignia solely by those employers w~ho have
agreed to, and are complying with this Code.






646


SEC. 8. General Administrativ'e Prov~ision. In addition to the in-
formlation required to be submitted to the Code Authority as set
forth in this Article there shall be furnished to government agencies
suIch statistical information as the Administrator may deem neces-
sary for the purposes recited inl Section 3 (a) of t~he National Indus-
trial Recovery Alct.
ARTICLE VII TRADE PRACTICE RULES
General Delffitrio;ns.-For all purposes of the Code, violation of
the following rules described in this Article shall constitute unfair
practices. Any member of the Industry who shall directly, or indi-
rectly, through any officer, employees, agent, or representative! know-
ingly use, emlploy, or permit to be emnployedl, any of such unfair prac-
tices, shall be guilty of a violation of the Code.
.RrLE i. SiEll/Hg BclOuf COst.-NKo member of the Industry shall
sell or exchange any~ slide fasteners or part thereof below the cost
thereof to that indlividual member. Such~ cost shall include all labor
charges at rates provided for under this Code, whether such slide
fastener inl whole or in part is produced in the United States or
elsewhere. However, any members mnay meet t~he price competition
of anyr competitor in this Indust~ry whose costs under this Code pro-
vision are lower than his own. Cost shall be determined in accord-
.ance with the principles enumierated in any standard cost system
formnulatedl by the Code Authority with thle approval of thle
Admni n ist ra tor.
RULE 2. Pri~ce Lis~ts.--Each member of the Industry shall print
and shaRll p)ubllish a list showing~ its own sale prices of first-qualityv
slide fasteners and parts thereof. Each1 such list shall bear the date
of issue thereof and /or the effectiv-e date thereof and shall include
a schedule of terms of payment and of all discounts which may be
offered to the trade by the member publishing the list. As respects
any slide fasteners sold or delivered by any member of the Industry
for use or consumption in the United States, no quotation or grant
of prices lower or terms of payment or discounts more favorable
shall be mnade than those set forth in such membersprclithe
in effect for first-qulality slide fasitener~s. Nio member of the Ilndus-
try shall make any change or alteration in any item or detail of its
own1 published price list including prices, terms of payment and dis-
counts, without having given the Code Aulthority ten days' advance
notice in writing of any such change or alteration and without hav-
ing delivered to the Code Authority at the time of filing such notice
a supply of such member's new printed price lists or a supply of cor-
rection or alteration memoranda setting forth such change and the
effective date thereof, which supply shall be in number suffcient to
enable the Code Authority to deliver a copy thereof to each member
of the Indust ry. The Code Authority shall so deliver a copy to each
miember of thle Industry immediately upon receipt thereof, and each
miemnber of thle Indlustry may thereupon alter or chang t w rc
list effective not earlier than the effective date of tecag st
which notice w~as given to the Code Authority as above provided, but
in each such case copies of the new printed price list or of the mem-
orandumn of change or alteration in the old price list shall forthwith
be furnished to thle Code Authority in quantities sufficient for supply-







647


ing copies thereof t~o each member of the Industry. Nothing in this
Rule 2 shall apply to sales of slide fasteners by one member of the
Industry to another member of the Industry.2
RIJLz 3. False Billin~g.--No member of the I~ndustry shall deliver
to any cuistomner a. greater number of completed slide-fastener units
or parts thereof than are billedt and charged to such customer in the
transaction under whIich su1ch delivery is mnade. No member o~f the
Industr~y shall graont any rebate on the price billed and charged to
a customers' or deliver to a customers at a price lower than t~he regular
price thereof, or free of charge, any other kind of mierchandise other
than slide fasteners, or parts thereof, as an inducement to purchase
slide fasteners.
AlRTICLE Y111--1WODIFICATIN

SECTION 1. Th1is Code and all the provisions thereof are ex pr~essly
made subject to the right of the President, in necordance with the
provisions of subsection (b) of Sect~ionr 10 of the Act, from time to
time to cancel or modlify any order, approval, license, rule, or reg~u-
lation issued under Title I of saidl Act, and specifically, but without
limitation, to t~he right of the President to cancel or modify his
approval of this Codle or any conditions imposed byr him upon his
approval thereof.
SEC. 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in eircum-
stances, suchz modification to be based upon appliention to the ALdmin-
istrator and such notice anid hearings, as he shall specify, and to be-
come effective on2 approval of the Administrator.
ARTICLE IXii--IONOPOLIES, ETC.

No provision of this Code shall be so applied as to permit monopo-
lies or moonopoisttic practices, or to elimlinate, oppress, or discr~im-
inate against small enterprises.
ARTICLE X PRICE INCREASES

Whereas the policy of t~he Act. t~o increase real purcha"ing power
will be made impossible of consurmmation if prices of groods and
services increase as rapidly as wFages, it is recognized that pries
increases except such as mnay be required to mneet individual cost
should be delayed. But w~hen made such incr~eases should, so ~far
as possible, be limited to actual additional increases in the seller's
costs.
AnRICts XI--EFFECTIV'E DATE

This Code shall become effective on the second Mtonday after its
approval by the President..
Th~is Code shall cease to be in effect when the Act cetases to be
in effect.
Approved Codle No. 2413.
Registry No. 1122-1-05.
Sgee paragraph 2 of order approving this Code. _




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