Code of fair competition for the shoe and leather finish, polish, and cement manufacturing industry as approved on Decem...

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Title:
Code of fair competition for the shoe and leather finish, polish, and cement manufacturing industry as approved on December 30, 1933 by President Roosevelt
Portion of title:
Shoe and leather finish, polish, and cement manufacturing industry
Physical Description:
p. 485-496 : ; 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:
Shoe industry -- Law and legislation -- United States   ( lcsh )
Shoe-polish   ( lcsh )
Leatherwork   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

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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. 621-05."
General Note:
"Approved Code No.184."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004940612
oclc - 63654801
System ID:
AA00006777:00001

Full Text





__


For sale by the Superlatendent of Docurments, Washington, D.C. - Price 5 cents


.Approved Code No. 184


Registry No. 621--05


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION



SHOE AND LEATHER

FINISH, POLISH, AND CEMENT

MANUFACTURING INDUSTRY


AS APPROVED ON DECEMBER 30, 1933
BY
PRESIDENT ROOSEVELT


1. Executive Order
2. Letter of Transmittatl
3. Code





UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1984


























This publication is for sale by the Superintendent of Documents, Government
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and Domestic Commerce.
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Approved Code! No. 184


CODE O]F FAIR COMPETITION
FOR THE

SHOE AND LIEATH-IER FINISH, POLISH, AND
CEMaENT MANUACTURING INDUSI'TRY

As Approved on December 30, 1933
BY
PRESIDENT ROOSEVELT





Executive Order

An application having been Jluly miade, puirsuiant to and in full
compliance with the provisions of T~itle I of the National Industrial
Recovery Act, approved June 16, 1933, for mny aypproval of a Code of
Fair Competition for the Shioe and Leathier Finishi, Polish~, and
Cement Mlanufalcturing Industry, and hearings having beenl held
thereon and the Administrator having rendered his report contain-
ing an analysis of the said Code of Fair Comnpetition together with
his recommendations and findings with respect thereto, anid the
Administrator having found that the said Code of 1Fair Comipetition
complies in all respects w~ith thie pertinent provisions of Title I of
said Act and that the requirements of clauses (1) and (2) of sub-
section (a) of Section 3 of the said Act have been mlet:
NOW, THEREFORE~, I, Franklin D. Roosevelt, Presid~ent of
the United States, pursuant to the authority vested ini me by TIitle I
of the National 'Indlustrial Recovery Act, approved June 16, 1933,
and other ise, do adopt and< a pprove t he report, recommnen dations,
and findings of the Adlministrator, and dlo order that the said Code
of Fair Comnpetition be, and it is hereby, approved.
FRANK~CLIN D. ROOSEVELT.
Approval recommended :
HUGHI S. JOH-NsoN,
A dm1~ji ifInisror.
THE WHITE HOUSE,
Decu Zembe 30, 19~33.


2054 *- 206--21"00---34


(48g)















T'he PRIESIDENTT,EEBE G 9.
ThLe Whi~te Hiouse.
SmR: This is a report on the Cod:e of Fair Comp~etition for the
Shoe and Leather FEiinish, Polish, and Cement Mtanufatcturing I~ndus-
try, a clearing o~n which was conducted in accordance with the pro-
visions of the Naticanl Inldustr~ial ReEcovery Act. The hearing was
held in the W~illn rdl Room of t~he Hfotel Willazrd in Watshington on
Novembrnci 28, 1933.
PROVISIONS OF THIE C(IDE AS TO AGcES AND> OURS

Exccept as herein otherwrise providerd, this Code specifies that no
employee shall be permitted to work in excess of forty (40) hours
in any one week or eight (8) hours in anly t wenty-four (24) hour
p~eriod beginning at midnight, provided, however, that for a total
per~iodl of twelve (12) wYeek~s in any calendar year, to take care of
seasonal requirements, employees mlay be permitted to work forty-
:eight (48) hours in any calendar week, but not to exrceed an average
of forty (40) hours per week during the entire year. Any factory
employee who wRork~s in excess of forty (40) hours per week or
eight (8) hours per day shall be paid time and one third for such
o\ertillne.
From~l the above provisions the followingr classes are exempted:
Emp~loyeest~t.~ engagedi in managerid,~ll supervisory, executive, or tech-
nical eanpci;ty, or professional employees engaged in a professional
capac"'ity, who relceilve tlhirty-five dollars ($35.00) or more per wee
and outside salesmen; engineers, firemen, oilers, electricians an
clener wh ma no wok oer ort-four (44) hours weekly except
by p'aymen't at the rate of time andoehi ortminees
thereo7f; accounting, clerical, office, store, shipp~ingr, servie, and in-
side sales employ~ees, who shall not be permitted to wo~crk in excess
of an average offorty (40) hlours~ per wneek in any three m-onth~s'
period or in excess of forty-eight (48) hours in any enlendanr week;
employees on aurtomotive or horse-drawn passelgrer, expres, delivery,
or frIeighit ser-vice, who shall1 not be permittedl to wor in excess of
an average of forty-four (44) hours per w;Feek: in any three mnonthls'
periodC or in exccess of forty-eight (48) hours in any calendlar week;
employees on empr~gency,! maintenance, and repanir w~orkl, wa~tchmlen
and highly sk~illedc work~ler~s in continuous processes where rePstric-
tion o~f hours would uxnavo~~idably reduce production, except that
watchmenc~ shall have at least one full day off in each two weeks'
period.
TIhis Code provides~ for a minimum. wage of thirty-seven and one
half cents (371/24) per hour for male employees in the Shoe Polish
Division of the In*1u.-tryS and thirty-two and one half cents (3"f10)
per hour for female employees.
(486f)







487


In the Shoe and Leather Finish and Cfement Division the minimum
wage for male employees is forty cents (40C) per hlour andl for
female employees, thirty-five cents (354) per hour.
Provision is made where female emiployeessFf perform sub stantll
the same work as male employees, that they salrcietesm
rate of pay.
The C'ode provides that a minimumn rate of pay shall apply ir-
respectivec of whether an employee is actually compe~cnsaL~ted on a,
timie rate, piecew\ork, or other basis.
Thle C'ode further provides that nlo person unlder sixteenl (16)
years of age shall be emlployed~ in thne Industry.
E~coxoar ne EFFECT. OF" THIE CODE)F

T~he Code was presented by the Assrociation of Mlanufactur~ers
of Shoe and Leather Finish~es and Cements for the manufacturers
of shoe and leather finishes andi cements, snlid to represent about
86.8%~ of the sales volumne of this Division of thne Industryr, andl the
Shoe Polish Institute and a group of nonmemberrs of the Institute,
for th~e Shoe Polish D~ivision, which, comlbinecd, are said to repre-
sent more than 80C; of the sales volumle of this Divisionl of the In-
dustry. The presentation of the Codec by the two Divisionis ind'i-
catedt, was based uplon the indu~strial groulps existing~r in the trade.
The Shioe Polish~ Div~ision icomrlllises those malnu~facllturers en-
eaged~ inl the mnanufactur~ing~. for shloes and leathecrs, of shloe pol-
ishers, pastes, blockings, drie-sings, cle~aners. (lyeS, an( any? other
similar chiemical products for use on shoes but not inlcluding maInnu-
facturers who1C sell in bulk; to tanners, shoe manrfcuf~eactrs ~welt~ing
manufacturers, and fab~ricators of leather.
This Division of the Industry includes, approximately, 150 con-
cerns at the present time. Thle data available Indicates that this nuni-
ber hlas remlainedl unchannged since. 1928. Th~e aggrreg7ate enpital
investment for 1933 is estiminted to be $13,,000,000. Aggr~re te sales
for 1933 ar!e estimaltedl as $13,000~,000, or a dlecrcase! fc- .,5000,000
since 1998. Thle Indlustrr emplloysl at pr~esent, aIpproxrimately 1,4100
w-agc earniers.
Trhe Shoe andi Lenthler F~inishl and Cementt D~iv~isio com~nprices that
portion of the Indlustry enngaedl in. the manufacture of blackings,
c~leaner~s, dr~essings, rcemnent;, liqu~id rubllber cnemnt (syt~hetic or
natural, either dlispersedt or1 dissolvedt), stitching w~nxsc, burnlishingg
w~axes, finishes, binlders, tapeaCnts, reenforcingl~ mater~lials for1 winner
soles, and aniy o~ther~ chemiiical priodu~cts for ulse in woodl-heel fac-
tories or for uise by tannetrs, choe manufacturerss, welting* malnulfac-
turers. andl fabrientors of leather andl in similar businiesses.
Thie Shoe andr Leath~er Finish and C'ement IDivision of the Ind~us-
try' represents n cenpital investment of $3.:395.,716 I~ts sales or prodlue-
tion dluring 192I( are estimatedl to b~e $8,549~t.228. Its production
capacity for 1928? was $10.84/5.8401. In1 19:32 sale wer~e $6.646,8i33.
Th~e sales for the first six monthL~s o~f 19:33 werle $4,050U,150. Produ~c-
tion capacity on a six mocnth~s' basis for 1933 is estimated to be
$5,343,662. The number of e~mployeers in this D~ivision in 1928 was
878 andi operating under thec Pr~sale~nt 's Reemploymelnt Agreement
in 1933 hias r~egnined thiis norma1:l figzurec.







488


To meet the requrir~ements of? the two Divisions of the Industry and
to facilitlte. the administration of the provisions of the Code, sepa-
rate Divisional Planning and Farir Pranct~ice Agencies are provided
to niminis~iter those provisions relating exclusively to each Division.
The appo'intm~nt. by the Ad.ministentorl of mlem~er~s of the Code
AL1uthorit;y Board for the Shoe Polish Division is necessitated by
the lack of orga~nizationl in this Division. Members of thie Code
~Author,~ity Boatrd from the Shoe and Leather Finish and Cement
Division will be elected by members of the Division. The Code
Authority Board as constituted will be representative of the
Industry.
Th~e Code contains a number of tradei-practice provisions which.
are dtesigrned to elimilnate destructive competition. These provisions
should enable the malnulfacturers to place this Industry on an im-
proved" com'petitive? basis. The adoption of the Code, furthermore,
should prove highly benefi~cial to the Indu~stry, particularly in thue
case4 of t~he Shoe Polish Division, which clack a representative organ-
izaztion. It should assist the Industry-in raising not only standards
of production and saleCs effo-rts but improve working conditions and
therebyj its industrial stabilization.
The Code will increase the ma nr-hours of employment in the Indus-
try while the daily schledlule of hours of employment will be de-
ci~~rea~ Fed, e lt in thereby in a inmall increase in the numbe113r of
persons employed in th~e Industry with. substantial inc~ease~s arising
from inecrased volume of business.
The wiieekl~y minimum earnings' proposedcc by the Code are approxri-
mately fifty percent (50'fo) higher than the lowest~ paid in June, 1929D,
and are highrer than those received by at least `half of the factory
employees in Septemnber-Oc~tober 1~933.


'Ther Adminiss t mo~lor finds that': (a) The Code as recommended com-
plies in all respel~cts with the pertinent prov,~isions of Title I of the
Act, inciludling, without limitation, subs-c~ction (a1) of Section 7 and
subs~cctionl (b) of Section 10 thereof ; and that
(b) The applicannt groups impose no inequitable restr~ic~tions on
admicsion to memtbership therein and are truly repr~esentative. of a
large majority of the Shoe and Leather Finish, Polish, andl Cement
~Manlufa~c~tur~ingr Induslctry3; and that
(c) Thle Code as recommended is not designedl to promote monopo-
lies or to eliminate or oppre!ss small en-te~pr~ises and~ will not operate
to discriminate against them, and will tend to effectuate the policy
of Title I of the National Indiustrial ]RecoveryT Act.
I~t is rec~onunlend~ed', therefore, that this Code be immr~edliately
adoplted.
Res pec t f ully,
HoonH S. JoHNson,














CODE OF FAIR COMPETITION


FOR THE

SHOE AND LEATHER FINISH, POLISH, AND CEMENT
MANUFACTURING INDUSTRY


ARTICLE I--PURPOSES

To effect the policies of Title I of the National Industrial. Recovery
Act, this Code is submitted as a Code of Fair Competition for the
Shoe andl Leather Finiish, Polish, andl Cement Mannufacturing In-
dustry, and u~ponl apprloval by th~e President, its provisions shall be
t.he standlalrds of fair competitions~ for such industry and shall be
binding uipon every member thereof.
AnIC'LE II--DEFINIr'TIONrS

1. The term "' Shioe andl Leather Finiish, PolishI, and Cement M1an-
ufacturingr Industr~y as used herein includes the manufacturing for
shoes and leath~ers of : Blackings, dressings, liquid rubber cemients
(meaning adhlesives), panstes, py'roxylin cemenrts, rubber (syttc
or natural, either dispersedl or dissolved), plshes dyes, and; ntcelean-
ers, stitching waxs,~ burnishingr w-axes, minshes, 'i~n'ders, topcoats,
reenforcing manteriails for innersoles, anid other similar chemical prod-
ulcts for us~e on shoes or leather, together with. such allied or related
products as miay from time to time, upon the approval of the Presi-
dent, be includled unider thle provisions of this Clode.
2. The terml Shoe Polish~ Division as uIsed herein means that
portion of the industry engaged in the manufacture of shoe polishes,
pastes, blackings,, dressings, cleaners, dyes, aind any other similar
chemiical products for use oni shoes but not including manufacturers
w~ho sell in bulk to tanners, shoe manufacturers, welting manufac-
turers, and fabricators of leather.
3. The term ": Shioe and Leather Finish and Cemnent Division "" as
used herein means that portion of thle industry engaged in the mnanu-
facture of blackings, cleaners. dlressings, cements, liquid-rubber
cements (meaning adhesives), pastes, pyroxylin cements, rubber
(synthetic or natural, either dispersed or dissolved), stitchiing waxes,
burnishing w-axes, finishes, binders, topcoats, reenforcing materials
for innersoles, and any other chemical products for use in wFood-heel
factories, or for use by tanners, shoe mlanufacturers, welting mianu-
facturers, and fabricators of leather and in similar businesses.
4. The term "' member of the industry includes all those engaged
in the industry, either as an employer or on hiis owni behalf.
(489)







490


5. The termu emp~lloyee"', as used herein, includes any and all
per as'~I" enlgagedl in the indcustry,, however com-pensanted, s~ep~t a
member of the industry.
6. The tt rn< "'A~ct andl "Administrator as used herein, mean,
respectively, Tiitle. I of the National Industria~l Recovery Act and the
Ad m Ii nri st ra tor for Industrial Rec~over~y.
ABRTCLE, IITI. HouRs

fSEcT.ION I.. 3asii//86173 otbr8.--Except as he~rein otherwise pro-
vided, no employeec-. shall1 be pecrmitted to work in excess of forty (40)
hours in any one week~l or eight (8) hours in any twenty-four ('24)
hour period beginning at midnight, provided, however, that for a
total period of twelve (12) weekls during any calendar year, to take
care of seasonal requir~lements, employ~ees may be permitted to work
forty-e.ight (48) hours in any calendar week, but not to exrceed, an
average of forty (40) hours per w`Feek during the entire year. Any
fac~to~ry emloy~l~ee who wForkrs in excess of forty (40) hours per week or
e~ighC (8) horsr~ per dlay shall be paid time and one third for such
SEC. 2. Ew1 mpion~;!l as to H~ours.--From the pr1ovisionrs of Section 1.
the following classesc~ shall be exemlpted:
A. Employees engaged in ninag1;1erial, supervisory, executive, or
technical capacity, or professional employees engaged in a profes-
sional capacity, who recect.ivec th~irty-five dollars ($35.00) or more per
week, and ou~tside salesmrien.
B. Enginerlcrs, firemen, oilers, electricians, and clenlt:aners ho may
not wcorki over1 forty-four (44) hours we~ekly except byT paymlent at
the rate of time and one third. for time in ec~s:e~s thereof.
C. Am-ioun!ting, clerical, office, store, shipping, service, and inside
sales employees, who sha;ll not be permititedl to work in excess of anr
average of forty (40) hur~s per wFeekr in any three months' per~iodl
or in xcescc of forty-eight (48) ]hours in any calendar w-eek.
D. Employees3cc on. automotive or horse-dlrafwn passenger, express,
delivery3, or freight service, who shall not be permnitted to work in
excess of an averag~ne of forty-four (44) hours per w~eek in any three
months' periodt or in excess of forty-teiglt (48) hours in any calendaar
week.,
E. Employees on emrgenlcy,~y maintenance,~p andi repair work, wantch-
mnen, and highly skiil~ele workersc1 in continuous pro~cessets where re-
striction of hours w~ouldl unavoidabl:ly reduce production, except that
wvatchmnen shall have at least one full dayr off in each twoe weeks'

SE{'. 3. E172p ~Oy??Z87tt Iry R~rra/I7 Employers.--No employer shall
knowmRrigly permit any employee to wor11k for any time which, wThen
totaled with that already per~fo~~lrmed with another emlployer or
employers in this industry, exc~cds the maxsimuml permitted herpinl.
A~ r:lCtilE IV-W-F;AGES

SECTION i. i2/127732073 77~gy8.--No male employee of the Shoe
Polish Division~ of this indus~~try. shall be paid in any pay period
less thanll at the rate of thirty-reven aind one half cents (371/#) per







4C91,


h~our. and11 no female employees shaall be p~aid~ at less thanl the ralte of
thirty-two andl onec half cents (32\ C) per`' ho~ur, except as oitheriwise
herci n provided.
rSEC. 2. LIJintHuml~ TE~l/CS.-- NO D~lellC cmloyee~3~ of thle Sh~or and1
Lenlther Fin~ish andl Cemencnt Di\isioni of this indcustry shall be pid;ii
i in any pany periodl less thanr at thiet rate of for~ty. cents (40(~) per'l hou-lr,
andl no femlale emlnoyece shall be panidl at less than1 thle rnte of thlirty-
five cenits (350!) p~er horur, eceCplt als oth erw ise hie rin prov'"i ded'.
SEC'. :3. lid/P&e C/ U N'lt l i7Of (7)(. 18 Yeart~s' Of 81/f.--1r10CS I60tW00H
sixteen andl eighlteen yeCars of age, suchI as dlelivery boyrs, meltSseng~r
boys, and laboraltoryg boys, etc., except those emplloyed in flc~tor~ies
or on p~rodu~ctionl opeTraionR, shall be panid at a ra2te of not less; than
ten dollars ($10) per week;. Thle nuimber of such employees shall
be limited to not more~ than 5%1 of the total nlumber of employees,
ex~cep~t thant each establishiment is enititledl to at least one siuch
employee.
SEC. 4. Picewl~or andc Afi2nnzimum Wagres.-This article establishecs
a minimum rate of pay, whlich shall ap~ply :ir~respectiv-e of whel~cthcr
an emnployre is actulally compensated~ on a time rante, p~iecew-ork, or
other basis.
SEC. 5. FemalelI~ Emlp70loyee.- Femal~e empllloyees perfolrmingr sub-
stantially the saome wor~k as manle employees shall receiver the' same(
rate of pay as male emplloyees.
ARTCL V-G-CENER.L LAB(,n P~novil(SSs

SECTION 1. C'hildb Labo.--No person under sixteen. (16j) yearsl of
age shall be employed in thle inldustry. In any Statei an emp~loyecr
shall be deemed to have comnplied withl this provision as to age if
he shall have on file a cer~tificate or permit duly signed by thle Au-
thority in such Staete empowered to issue emplloyment or age cer~tifi-
cates or permits show~ing thiat the empilloyee Is of the r~euired age
SEC. L3. Pr'ovisions fr'om. the Actf.--In compliance ihSeto
7 (a) of the Act it is provided:
A. That employees shall hiave thle right to organized anld hiar ain
collectively through reprcseiintative of their own~ chloosinrg, and shiall
be free from thle interference, restranint, or coercion of enployer~s of
labor. or their agents, ini the designation of" sulch IcIreprsetnatives o
in self-organization or in other conlcertedl activities for thle pulrpose
of collective bargaining~r or other mutual aid or protection.
B. That no emlployee a~nd no onle seeking empIloyment shall be
required, as a condition of employment, to join any complanly union
or to re rain fromn ;onmgn organizing, or assistingalao ognia
tion of his own choosing, and
C. That employers shanll comply w~ith the maxnimlumn hours of labor,
minimum rates of pay', and other conditions of employmentn approved
orpecribed by the President.
OEC. 3. RICdlss88lfetion Of Ernl~lploy/ces.-No emlployerl .shall r~eclas-
sify employees or duties of occupIntions performedc or engage in any
other subterfuge for the purpose of defeating the pur~posess or p~ro.
visions of the A~ct or of this Code.
SEC. 4. State LawsR.-NCo proviscionl inl this CodeP tlha1ll spersede any
State or Federal lawm hichil imposes on employers more stringent







492


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.
SEc. 5. Postin~g.-AllI1 employers shall post complete copies of
Articles III, IV, and V of this Code in conspicuous places accessible
to employees.
ARTICLE T7I-~ DMlINhTI.'THAlTION

SECTION 1. Code Aucthority Board.-Tlo further effectuate the
policies of the Act, a Code Authority shall be established and known
as the Code Authority Board of the Shoe anld Leather Finish,
Polish, and Cement Industry. The Industry shall be classified into
two div~isions, known as (1) Shoe Polish Division, (2) Shoe and
Leather Finish and Cement Division.
SEc. 2. Organization andc l'orstitutio~n of Code Authority Board.--
The Code Authority Board shall be composed of members of the
industry and shall consist of twelve (1_2) members to be selected as
follows: Sixr (6) members of the Code Authorityr Board shall be
appointed by the Administrator from membersl~'l' of the Shoe Polish
Division, and six (6) members from the Shoe and Leather Finish
and Cement Division to be selected as follows: The E~xecutive Com-
mittee of the Association of Manufacturers of Shoe and Leather
Finishes and Cements shall submit the names of twelve (12) nomi-
nees, of whom~ six shall be elc~tedl by the majority vote of the mem-
bers of the industry as a whole. Five of the six elected by this
method shall be members of the Association.
SEC. 3. In addition to membership as above provided, there ma~y
be three members, wIthrout vote and without expense to the Industry,
to be appointed by the Administrator.
SEC. 4. De\'tstonalcr Plann1i~ng andi Fair Practice Agencies.--The
members of the Code Authorityv Board for each Division .selected,
as above set forth, shall respectively act as a separate and distinct
divisional Planning and Fair Practice Ag~ency for their respective
Divisions. Each such divisional Planning and Fair Practice Agency
shall present in writing, to the Code Authority Board, its recom-
mendations for its approval or disapproval before submission to
thle Administrator and the President for their approval if such
action is required.
Each Planning and Fair ;Practice Agency, subject to supervision
bly the Code Authority Board, may carry out the approved recom-
mendations in the administration. of the Code for its Division to
the end that each Division may be self-governing in all pr~oblems~,
including trade terms and trade practices, re~latllng exclusively to
itself.
SEc. 5. In order that the Code A~uthority Board shall at all times
be truly representative of the Industry and in, other r~espects comply
with the provisions of the A~ct, the Administrator may pre'tscribe!
such hearings as he may dleeln proper; and thereafter if he shall find
that the Code Authori~ty Board is not truly retprersentativ-e or does
not in other resp~c'ts comply with the pr1ovisions of the Act, may
require an appropriate modification in the method of selection and
composition of the Code Authority Board.







493


SEC. 6. Each trade or industrial association dlirectly or indiir~ectly
participating in the selection or activities of the Code~ Authlori ty
Boardl shall (1) impose no inlequitable restrictions onl membersh'l.jlip,
and (2) submit to the Ac~dminisltltorao true copies of its artircls of
association, bylaw~s, regulations, anl anyi amndmlclrlntss whncr mIiade
thereto, togetherl with such othcr information as to membrshlc.lip, or-
ganizationi. andl activities as the Adinciistrii actor mayv deem necessaryy
to effecrtuate the purposes of the A:ct.
SEC. T. nfemlber~s of the Ind~ustryS shall be entitled to par~ticip~ate
in andl share th~e benefits of the activiities of the? Code Aulthlority
B3oardl and to participate in th~e selection of the mlemlber~s thereof?,
by assenting to and~ complying with the reqluiremellnts of this Code~
and sutstaimag their reasnonlable shares of the expenses of its admlinis-
trat~ion. Such reasonabtle hrEIII' of the excse~llc s of adm~~inistrantion
shall be determined by the Code Auth~ority Board, subject to :review
by thle Adiministrantor, on the basis of volume ofl bulsinecss and/or suc~h
other factors as may be delemed eqluitable.
SEc'. 8. Nothing conltainedl in thlis C~ode shall constitute the mem11-
bers of the Corde Authlor~ity Board par~tners for an purpose.'~C Norr
shall any member of the Codte Authorjlity' Board, exer1cising~ reaslon-
able diligence in the conduct of his duties hereundler, be liable~ to
anyone for any notion or omissioni to act undler this Code, excptlt for
his own willful misfeasance or nlonfeasance.
SEC. I). Power')s and Duties.--The Code Aulth~or~ity Boarld alnd di-
visional Planning andl Fair Practi~e ,Agencies~ shall have the fol-
lowingf flrt~her pow~ers andl duties, the exer~ci~se of which shall be
reportedly to thle Administrator and1~ shall be subject to his right,
on review, to ap~prov~e or dlisappr~ove any action taketn by thie Codie
Authority Boar~d:
A. To insure the execution of the provisions of this Code anid
provide for the compllliance of the Indu~stry~ w~ith the provisions
hereof.
B. To adopt bylaws and..:0r rules andl regulantionss for its p~roced~ure
and for the administration and en~foricemlent of the Cocde.
C. To obtain from members of thle Induistry thrlough a nieutral
agency such information andt repIor'ts as a!re requliredl for the adlmin-
istration of the Code. Such information and~ retpor~ts shall bet sub-
mitted by members to such~ neutral agency or agencies as may be
designatedt by th~e C~ode Authority Boardl or divisional Plann~ing and
Fair Pract~ice Agencies. In addlritioni to information r~equired to be
submitted to the Codc Aulthority Borardt all or any of the persons
subject to this Codce shall fulrnishl such statistical information as
the Administrantor may deem nlecessary for the purposes recited' in
Sectioni 3 (a) of sadl ACt. to such'1 F~ederal andl State agencies as the
Administrators may designr~ate. Nothing in this~ Codle shiall relieve
any person "of any existing obligation to furnishi reports to Govern-
ment agencies. No individual reports sh~all be disclosed to anyI other
member of thle Industry or any other party except to sulch Govrnm-
mental agencies as maiy be directed by the Admlinistr~ator.
D. To use such trade associations andl other agencies as it decems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall reliev-e the Code Aulthor~ity
Board of its duties or responsibiljitis under this Cod~e.







494


]E. To make recommendations to the APdministrator for th~e co-
ordination of the administration of this Code with such, other codes,
if any, as mayT be related to the Industry, or affect members of this
Industry.
F. To secure from membillers of thne Industry an equitable3 and pro-
portionate payment of the reasonable expenses of maintaining the
Code Authority Board and its activities.
G. Tlo cooperate with the Administrator in regulating; the use of
any N.R.A. insignia solely by those members o~f the Industry who
have assented to and are complying with this Code.
SEc. 10. If it shall be rep~re ented to thne Administrator by any
interested party, or he shall dcterm1~ine upon his own motion, that
any action of the Code Authhority Board or of the Fair Practice
Agencies is unfair to anly private interest or contrary to the public
interest, the Administrator may require that such action be sus-
pended for a period of not to exceed thirty days to afford an oppor-
tunity for invest irn t ion of the merits of such complaint and further
considecration by t~he Code Authority Board pending final action, to
be taken only upon approval by the Administrator.
ARTICLE: VII--TRADE PRACTICES

SECTION 1. It shall be unfair competition for any manufacturer
in the Shroe and Leath~er Finishn and Cement Division:
A. To give cash discounllts greater than, twVo percent (270) 30 days
or 15th p~roximo and net thereafter.
B. To give, permit to be given, or directly offer to give anthn
of value for the purpose of influencing or rewarding the actiono
any employee, agn~~t, or r~eprese~;~ntativv e of aInother in relation to the
business of the employer of such employee, the principal of such
ageent, or the rep~lre enteell party with or without the knowledge of
such. employer, principal, or par-ty. This provision shall not be
construed to prohibit free and general distribution of articles com-
monlly used for advertising except so far as such articles are actually
used for commercial bribery as hnereinabove defined.
C. To misrepresent either byr giving false information to cus-
tomers, by substitution or incorrect labeling of goods, false invoic-
ing, or by any other mea~ns.
D. No member of the industry shall secretly or directly o~ffer~or
make anly payment or allowance of a rebate, refund, c~onmusiniin
credit, unearned discount, or excess allowances, w~iheth~er in th-re form
of money or otherwise, nor shall a member of the industry secretly
offer or extend~ to anyy enatomerl anyT special service or privilege not
extended to all cuslto-mer~s of the same class, for the purpose of in-
fluencing a sale or to defeat the purpose of this Code.
E. To give free goods other than reasonably sized sainples.
F. To ship from fabrlicating point merchandises in, weight or mens-
ure less than amlount appearing on invoice or markiings on package.
G. To use competitor's containers.
H. To willfully or maliciously defame a competitor or unju~stly
disparage a competitor's products.
I. To sell anly product be~low cost. The divisional Planning and
Fiair Practice Agency may requlire an emnploerr to furnish complete







495


information rePlating to his costs, wrhichl shalll he verifledt byF a ce~rti-
fled pu~blic~ necountant or by an amoul~ntant having the eqluivalent
in qlualifications and ability of a ceirtifiedl pulc ac~contarnt, such
necountalnt in any evenlt shall have th~e qlualifIenion- requi~iredl by! law
in such state or gover-1nmncltnl Lsubd(iv'isionl of tle? Unlitedl States~c where
such service is per~forlmed.
SEC. 2. It shalil bec unfair competition for anyi~ IliallFtanufetur ill the
Shoe Polish Divisionl:
Al. To misl~lrepresent either by g1.ivin .falS' inf~ormatlion to cuEs-
tomers~, by) sub~stitutionl or incorrect Inkl~cing of goods,'l, falso invo~-ic-
18{, Or by any o~ther means.
B. To secretly or dlirectly offer or make anly payment,'llf or allow)-
ance of a, rebate, refund, commiission, credit, unearned clisc~ounrt, or
excess azllowannce, whether in th~e forml of money or othnerw~ise, or to
secretly offer or extend~ to any customer anyr sprc:ial service or
privilege nlot extendled to all customers of thle samne c~lass, for~ thle
purposep of influe~~rncin a sale or to defeat the purlpose~ of this Cod'e.
C. To give samples for free distributionl to consumers unMrless
clearly manrked Samnpl~.'"
D., To make, cause or permit to be made! or publishled, any false,
msleading, or deceptive statements of or concerning the busine-ss
policies, methods, or products, or price of alny pr~oducts, of any
manufacturer in the. industry, or the credit st a ndci ng, or ability: o
any such manufacturer thereof to perform any wvork or ma~nulfncactu
or produce any products.
E.To give datingis in excess of five months from date of shlipmrnt.
3F. To buy, xcschange, sell, issue credit fior, or in any way\ take
fromt the trade, the mlerchandise of any other mnanufn eturer either
directly or indirectly.
G. To induce or attempt to induce, by any means~, any party
to a commercial conltract writh a ma~illnufatu~rer to violate suich
contract.
HI. To sh~ip onl cons~iig~nment, in excess of fivCe monthsf~~l from dlate of
shipment.
1. To givec, permit to be drivenl, or dir~ectly offer to g~ive. anythiinn
of v-alue for ther purplose of in~luenc~ing or I~\:rewaing th~e n,tion oP
any: employee, agent, or representativ-e of another in reclatio~n to the
business of the emp~loyer o~f suelch eploye. thle pr~incipal of sulch
agent or the reprecsentedl partly, wjpith or withou~rt the k~nnvlrledge of
such em~ployer, principal, or parity. Thliis provisions shanll niot be con-
struedl to prIohib~it free aind~ general dlistribu~tionl of articles comminonly
uisedl for advertising except so far as such~l articles~ are actually usCed
for commercial bribelry as hereinab~ove dcfined.
,J. To pay in ensh~l orI gloos for thle privilege of advercitisingf in
dealer enatnlognels, p,rogramsl or house~~ organs11 as an induicementn to
secure bus.Cines.S.
KC. To miake contr~ibut~ions in cnush or goods to anly grouplll or or-
ganization connectedl withl, or aIt the soic~ittion: of, any enisto~mer or
prospeC~t ie VCCISftomers
Anrrrrn.E V'III-nrIcE INCHEI.19ESC
Whereas the policy of thle Alct to, incre~nse I'Reall prchasin= power
will be made mor~e dlimncut of consummatini oni if pr1ices oif "cls and







496


services increase as rapidly as wages, it is recognized that price in-
creases except such as may be required to meet individual cost should
be delayed, but when made such increases should, so far as possible,
be limited to actual additional incrlealses in the seller's costs.

ARTICLE IX MODIF"ICATION

SiEcTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the Presidcent, in ne-lcor~dancel with the
provj~isiclns of ~llsubsctionl (b) of Section 10 of the Act, from time to
time to cancel or modify any ord-er, atppro~val, license, rule, or regula-
tion issued under said Act.

~ARTICLE: X-MHNj~ IOPOLIES, E~Tc.

No provision of this Code shall b~e so applied as to permit monopo-
lies or monopolistic p no~t ice-~, or to eliminate, oppress, or discriminate
against small enterprises.
ARTICLE XI[-EFFECTIV;E DAT`E

This Code shall become effective on the secondl1 Mondiay after its
approval by the President.
Approved Code No. 1841.
Registry No. 621-05.







ItinIVERSITY OF FLORIDA
Ill l l il~l li 11111111 II I ~liillilllll
3 1262 08852 5521