Code of fair competition for the shoe rebuilding trade as approved on March 27, 1934 by President Roosevelt

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Material Information

Title:
Code of fair competition for the shoe rebuilding trade as approved on March 27, 1934 by President Roosevelt
Portion of title:
Shoe rebuilding trade
Physical Description:
p. 593-606 : ; 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 -- 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. 928-273."
General Note:
"Approved Code No. 372."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004940596
oclc - 63654943
System ID:
AA00006783:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPaETITION

FOR THE


SHOE REBUILDING TRADE


AS APPROVED ON MARCH 27, 1934
BY

PRESIDENT ROOSEVELT


UNIV. OF FL UBI.
#WUggg'S DEPT.


For sale by the? Superintendent of Documents, Wasahington, D.C. - Price 5 cents


Approved Code No. 372


Registry No. 928--273


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


I
5r~l


U.C. QerO~RTCrsru























This publication is for sale by the Superintendent of D~ocuments, Govrnmment
Printinlg Office, Wawhiington, D.C., and by dlistrict offices of the B3ureau of
Foreign anfd Domestic Commeree.

DISTRICT OFFICES OF THE DEPARTMENT OFi COMMERCE;
Atlanta, Ga.: 51141 Post Office Buibling~.
Birmingham, Ala.: 257 Fedlerall Dulik~iig.
Boston, Mass. : 1801 Customhouse;.
Buffalo>, N.Y.: Chamnber of Colmmrere Buliblingb.
Charleston, S.C.: ( L1:nallwrl of Commler'ce B3uildling.
Chicago, Ill.: Suite 1706, 2711 N. Iall W~ells Street.
i~C~levlanr Ohiio: rChani~.l' Orf Conunerce.
Dallas, TexS.: Chamnber of Commerce B3uildingr.
Detroit, MBIich.: 801 First NTational ~Bankl Building.
Houston, Tex.: Chlambelr of Cliillunteree1 Bulilding=.

Jack~sonville, F~la.: Chamber of Commerce Building.
~anlsas City, M~io.: 1028 Uniltimlorei Avenue.
Los Angek*<,~ Calif.: 1163 Southl Br3oadway.
Louisville, K~y.: -IUN Federa;l B3uilding.
Memphlis, Tenn.: 229 Federal .Buiildingr.

Newc~ Or.IL;ans, La.: Room 225-Ai, Custom~house.
Newv Yorkr, N.Y.: 734 Customh~ouse.
Norfoilk, Va~.: 406 Easlt Plume Street.
Philatdelphia, Pa.: 42~ Commer~cia l Trust Building..
Pittsb~urgh1, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 Newr Post Offlee Buildlingr.
St. Louis, Mo.: T000 Olive Street.
San Fra ncl:iscoI Ca~lif.: 310 Customhouse.
Seattle, Wansh.: 809 Federal Office Building.













Approved Code No. 372


CODE OF FAIR COMPIFTuETIIO
FOR THE

SHO~E ~REBU~~ILDINGHPTG TR ADE~ib

As Approv~ed on Mllarch 27, 11934
BY

PRIESHIDENTL ROOBSEVTELTP


EXECUTIVE ORDER

CODE OF IFAIR COMJPETI.TIONS FURl TH-E SHFOEi REBUILDING TI:.lDE
An application hav\ingb Iwenr duly made, pursuant to and in full
comlplianlce with the prov:i-ionj~s of Title I of the Nlational Industrial
Recovery Act, approved June 16, 1933, for my approval of a Code of
Fair Competition. for the Shoe R'ebuilding Trad~e, and hearnings~
h~avingr been held therleon and the Admtinistra~tor having; rendcered~l
his report conltininllg an. analysis of the said Code of Fair Comlpetition
together with his rccilnunelndation-~ and findings wvith resp~c't there-
to, and t~he Admninist~rator having found that thte said Code of Fair
Competition complies i~n all respicc.ts w~ithl the pertinent provisions
of Title I of said Act and that thne requirements of clauses (1) and
(2) of subsection (a) of Poect lon 3 of the said Act have been met~:
NSOWT, THEREFORE, I, Frankllinil D. Roosevelt, President of
the United Sltates, pursu~lant to the authority ve~stedl in me by Title I
of the National Industriall Recovery Act, ap~provedc June, 16, 1933,
aind othelrwise, do adopt andl approve thle report, r'eConunendaC1Cttio~ns
a nd findings of the Adminmistrator and do order that the said Code
of Fair Comnpet it ion be and it is hereby app~rov\et, subject to the
following condition: that the provisions of Article VTI, Section 6,
sub~sectio~n (i), be tayed~' until the Admrinistrlar 1~1, after further
study~ and a public hearing, shall order otherwise.
FRANKLIN D. ROOSEVELTI.
A-tpprloval recommended :
Huou S. JoHNSOP;,
Adm~ilini ;tratfor.
TIHE HI-ITE: HOUSE,


4 9 ~1 30 0--423--16~4---34


(593)












LETTER OFli TRtANTSMITTAL


The PRESIDENT,
The WThite Hiouse?.
SIR: The Hlea~ring; on. the Codle of Fair Comp~etition for thle ~Shoe
Rebulilding Trade was held at the Roleighrl Ho-,tel, Washington, D.C.,,
on Ja111nuary 91, 1934.
T1Ihe Code which is atta~ched~ wvas presented by d~uly qualified andc
author~izedt representattives of the Tradae complyingf with statu~tory
r~equ~ilrements,~ said- to represent over sixty percent of the T1urade in
number andl a Inlrglr proportion in volume of business.
In ncendancllllc e with the cusltonui~ar~y proedrl~le, every one present whlo
had filed a request for an appecar~ance was freely heard in publric, and
all1 statutory and~ regulatory 1requir~ementst were ceompliled. with.

THE TRADE

There! are about 80,000 membrsllt~' of the Tradelt and abojlut 40j,000
employees3~ ~ The Trade7 is char~neter~iz edc by .csulll~ E'stabllishmlll ent, o~f
which the majority empylo~y no workers, and~ is at prese~tnt in an
ex~tremel~l y d~isorga~cnlizedi conldition1.
During iccrlcet. years increas~ingll competition has b~teen offeredc to the
one;-manll shops by chain storesl-. The ect Intterl have in general been
able to mal~terlially undersell the!ilr complletitors. The onle-mann shop
has foundlt it very li-fficuzlt to meer~t this form of competition, wYith~ the
re'i't~ that a large proportion of them are hea:vily in debzlt.
It is cnthou~~ted. by the Re-eachll~ and PlaningIII~ Division that
employrlllnt. in this T'Prade at the present time shows no manterial
(1e(-r(.n a. fr'om thle number :mlployed in 1990,, although the wages
paid hav~e in mnost cases beenC1 r~educedl from the 1990!` level'.


Miiinimum~~T wages~'4 under~' this Code are edubllli-;hecd at twenty (Iollar~s
($90.00~u) per.1 weektL for shoUe I~rebul~tlders andl at fifteen dollars1 ($15~.00)
per week for all other employees, exceplt booc-tblac~ks, in cities of 500,-
000 population or more. Differentials~ are provided for phnees of
-mllr oplaio.The mlinimumn wage for boo-tb:lacks- is es~tab-
lished at Fsix dollars ($0j.00) per week~1 in addition to tip.A. inl all
places regardless of populllation. This mlinlilllrn for b~oo~ltbla.ck wlill
represent mn many caseS a substantial i lcncreas m compen tc"at ion, as
in many cases these empnloyrees have been working wvithlout anyl~ fixed
neilre whaItCever.
It is believed~l that the wages catabllishecd in the Cod-e will miateriallyl
increaSe emlployees' c~ compensation.
Thec Codle also, provides thiat wagesb'" above the Iininianonl sha;ll not
be Irtluced lwome~11I: of thle reduction of wol~~l~rkn hIouIS.
(594~)






595i


GENERAL

Representation on. t-he Code AIuthiority is provided for all mrem-~
bers of tlhe Trade.
Trade Practice Provisions have be~en incorporated to eliminate
unfair trade practices.
T~he Code provides for the es~tab~lishmienlt of minimum prices for
thle: v\arious services r~endt1ered. I feel that this provision should not
become effective until after adc~equate studyr, and- Ireconunitend, there-
forec, that your Exi~ecurtive Order stay the! application. of that provi-
s10n.
FINDINGS

The Deputyr AdministrIa torl in his final report t~o mne on said Code
having found as herein set forth and on the basis of all the pro-
ceedlings in this matter;
II find that :
(a) Said Code is well de ignled' to plromollte the policies and pur-
poses of T]itle I of the Nuational Induitr~ialt Recovery ~Act, including
r~emloval of obstructions to the free flow of inlterstatei and foreign
commerce which tend~ to dimninish the amoun~llt thereof and will pro-
vide for the gcnerar~l welfare by prolmotingb the orlganlizationl1 of
indus~try~ for the purpose,~ of cooperative action amonc~lg the trade
gr~oups>, by indiuv.ing and malintaiining unlited action of labor and
mana gemen~~" t und" I-er l dqa te governmenl~rt all anct ions.; and superv\i ic-n ,
by eliminating unfair competitive p~rac~tic~es, by pr'cllomoing~ the! fullest
possible ultilizationl of the presentlt prodc~lctive capacity of indus!tries,
by avouiding und~ue restr~ic~tion of production (xcepcclt as mlay be
temporarily r~equir~ed') by increasing the consumuption of industrial
and agr~ic~l ulturl produc':ts through increasingly~ pur~chasingll power, by
reducing~ andc relieving unemployment, by improving~ standards of
labor, and by otherwise~~ re~hablilitating industry.
(b) The Code as appro~ived complies~ in all r~elipe~~ct with the perti-
ne~nt provisions of said Title o~f said Act, ilc~ludingb without limitation
Sublsection (a) of Section 3, Subsection (a) of Section 7, and S-ub-
section (b) of S~ec~tion 10 thereof ; and that the applicant ascociations
are tl'rade asso~ciations truly r~llepreselntativet of the afore~a id Trade;
and thant said associations impose no :inequitable restl~r:ictions on
admnissio~n to mem~bershnip therein.
(c) Tihe Code is not de~signed~r to and will not permit monopolies
or molsnopolistic ~r~actices.
()Thne Code is not dle-igned to and will not eliminate or oppress
mllenterpriseser and will not operte1nt to d'is-cr1imnilnat against theml.
(e) Those enlgaged in other steps of the economic process have
not been depri-ved of the right to be heard~t- prior to approval of said
Code.
Accordingly, I he~reb~y retcolnunendl the appr~oval of the Codet of
Fair Competition for the Shoe Rebuilding Trade.
RespectfullyT,
HuounG S. JoHNson,

10RI~CH 2(i, 1DS-l.













COD>E OF FAIR COMPETITION FOR THE: SHOE
REBUILDING TRADE

ARTICLE: I: PURPOSE

To effectulate the policies of Title I of the Natio~nal Indtustrial
Recovery A~ct, the follow\ing6 provisions are estab1Iilised as a. C/ode
of Fair Competition for the Shoe Rebluilding lTrade, and shall be
the standards of Fair Compe~tition for such Tradce anrd shall be bindr-
ing uporn every I1rmembr the~reof

AJIRTICLE II -D`EFINITION S

1. T'he termz Shtoe Rebu~ildlingr Tr~adte as use1; hereinii, mienns the
repairingl re~ulding, and ~remode:~ li ng of anny andl all kinds~ of foot-
wear andi the per7Clforma nc'i of all workI1 incidenytal theilrc-tc,.
8. T'he tclrm~ "i memrrber of thie Trade "! as us~ed~ herein, means any
individual, partnerships,, ass-c~iti-lan. corporation, or ot~her entity en;-
gages1l in thle T'radle, eithner as an employer or on his or its own behalf.
3. TIhe term '" employer "', as usa~1 lherein, meansll- anyone by w\homn
any employee is compellnsate or emlploy~ed.l
4a. The term "L ow~nership-emplloy~ee "), as needI herein, meacns thle
ow\rnlr of a, shoe r~ebuilinlg shop wh~lo employs no oneI( and who himself
engageri S in the operattions and prnew. es~t of hoenl rebuildingr.
5. ~The term employee ", as u~sed hereinI, means any a ndl every.2
person engaged in the T'lrad in any capackiy w~ho Irecrives c(mpen~lsI-
tion for his ser-vices, irrespective! of the! narl~ltu or methodl of paym;ent
of such. compensation, except a mlemnber of the Trade.
(a) The term shoe rebuilder "',;1 as mal herein, meacnll an~y lier1sonl
engagedl in the rebuilding of ffootw~vear.
(b) The, terml1 executivee ",, as used hlereino, meansrl~ any employee
solely responsible for the1~ managem~ente l of at business or of a retcognizedc
subdivision thereof.
(c) Thet termi bootblack ", as~ used here'cinl, mea~nc; anyI person
solely engneedt in cleazningr and p~olish~ingr shoes anld krindred~c 1Perso~na
services.
6. The term retail outlet ", as usedl herinci means all pinl:cs of
bus~iness~ where the services of the Plhoe Rebu~ilding~ Trad:l~e arec offered~c
to the public, whether the samne are o-perated~ exclus~ively as shnoe
rehn lilding~ shops or as depatml: Itents of other e. tab, jllis~unent.
7. The telrm Code Authority ", as used here~in. means11 the ~Na-
tiona~l Admninistrative~ Agencyr of the Shoe Rebuilding T`~rade as
es-tabllished in Article VI of this Code.
8. Thle termsll- PI'~resident", "Act ", and '"Admlinistrator '", as us~ed
herein, means respeltI\ctvly the Pres~idert, of the Unitedl Stat~es, Title I
of the ~National Industrial Recovery A~ct, and thte Admniini strator forl
ICndusltr~ial Recovery.'3'






597


9. The term "L tradce area '" as us~ed herein, mleans anly area desigr-
natedl as a trade area by the Code Authority and approved by th~e
Administrator.
10. Population for the purpose of this Code shall be determllined
by r~eferlence to the 1930 FIederal Censuls.
ARTICLE III-Hor us~ll

1. No empllloyee shall be permitted to work in excess of forty-eigh2t
(418) hours in. any onee week: or eight (8) hours in anytetyfu
(24) hour period beginning at midnight, except on Salturdysan
days pre'cedingi legal holidays, in which event employees may be
p~ermitted to workl~l not more than tenl (10) hours. Within ninety
(90j) days~ from the effective date of this Code the Code _Auth-ority
in~ cooperationr with a representative of labor appoicinted by tihe
Adl~ministrator on recommllnei ndation of the Labor Advisory Board
CIhall make recnue(.)l lfndtif onlS to the Administrator, after at study,
look~ing toward a shortening of thle maxrimum hours provided in
this ALrticle.
(a) Thne maximum. hours fixedl in thne foregoing porngra''ph shall1
not apply to executives who are regularly paid a salfary of $35.00
or,1 mrrl-e per~' week in cities of 500,000 population or mlorec and th~leir
tralde areas, or $32.50 or more per wveekr in cities hert wree 100,000
and. 500,000 population and th~eir trade areas, or $30.00 or more per
wmeek in cities of less than1 100,000 population and their trade areas.
2. Notwithstanding the exemt~lionls from maximum hoursl pro-
vided~l by section 1 (a,) of this Article, such1 exemptions shall not in
any case ap-ply to more than one wc~~lrker to every tenl (10) workers
or major fra;c~tion, thereof, pro-vided that, any shop may have at least
one su~chl worker. Fior the purpose of this s~c~tion, the word
"C worker "' ~hall be deemed to ilc~lud(e employeesc-, employ\ers~, ow~ner,
manatlgers, and p'Ersoc~ns not receiving monetary -wages, whencl such
persons" are actually engaged in any work o~ther- than of an exclu-
siv-el~y managerial or supervisory chaxr~nete.
3. Nlio retail outlet or shop shall remain open or be operated on
Sundaltys or on National, State, or local holidaysp-, or in excess of
isiteenl (16) hours on any Saturday, or in excess of twelve (12)
hocurs~ on any other daly, or in excess of sixty-three (63) hours per
week; p~rovidedl however, that where a member~~1 of thle Trade is
operating in a depar~tment.i store as a deipartmeint of such store and
such department stor;~e in, rcomp~liance with the rectail code operates
a gr~eaterl numnber of hours, then such mlember of the TPrade may
complly withn the hoc-urs of the d.epar~tmentl store and the other mem-
bers~ of the Trade in the same local trade area may remain open the
.ame number of hours; anld provided fur~ther thnat wchen a day of the
w-eek other than Sundlay is recognized as the Sabbath by a memblter
of the TIradetl, and sulch member of thte Tradlce regularly keeps his
place of business clo-ed on such days, such place of business may re-
mamn open and. be operanted~ on SundaynS, subject, how-ever~, to state
anrd local laws andr ordlinances.
4. No employee shall be permnitted to workl more than six days inl
any seven day13 period.






598


5. No employer~l shall knoin~'lglyi permlit any emlployee to workr- for
anly time which; wFhen totaled with that already performed w~ith an-
other employer, or mp~loy~ers, exc~eed the maximnum permitted
herein.
ARTICLE IV-MJr SistmI W~AGE

1. No .-hoie reb~ibler~~ shall be paid at less than th~e following rantes:
Per weekl
Zone 1: Cities of 500,000 Iopularl~tionl or more and their trade areas.___ $20.00i
Zone 2: Cities of between 100,000 and 500,000 population, not colvered
by Zone 1, and their trade areas ------ ---- 17, 00)
Zone 3: Cities of I'ess than 100,0100 pio:ula~tion, no~t coveretd by~ Zonles 1
and 2, and their trade are-as _- -- __------ ---- ------- ___ 15.00
2. No other employee, exl.cpt bootblackis, shall be panid at less thnn
the following rates:
PerI wecek
Zone 1: Cities of 500,000 poplation~ljl or more and~ their tradel~ areas-- $15.~00
Zone ": C'ities of between Urll,cau0r and 500,000 populalltilln. not covered
by Zone 1, andt their trade aruea~s__ 14---- ---------- 00
Zone 3: Cities of less than 100,000 population, not covered by Zonecs 1
and 2, and their trade areas;_ _______---------- 1:3. 50
3. No bootblack~ shall be paid at less than the rante of $6.060 p~er
week, in addition to any tips or other graztuities rtceived~. Wt
ninety (90) <1alys from the effecltv~e date of this Code, the -Codle
Authority in cooperailtionl with a representative of labor appoinltedl
by thle Admninistrator on- -I~~.olrecommendatton of th~e Labor Advisory
Boardi shall makel~r reco~lumelcndationsn~ to the Adminis;tr'ator, after a
stuldy, as to a modification of this section n~cessarnly to provide a, fair
and tequii tablle wagec to bootblacks.
4. This Article establlishes~ minimnum rates of pa;'y whlich shall
apply I>egueldless of whether an empulolyee is natllally compel~rnsated! on
a time, rate, piece workr, or other basis.
5. No member of thle Trade,~~ by reason of the adoption of this
CoEl~c, shall reduce an employee's total weekly compe,! nsa-;tio n~ (bansed
on the four-wvreet k period pr1ior to Junre 16, 1933), whether bansed~ on anl
hourly, weekily, or other rate, notwithstalndingr the fact that theo hours
of wTork of such employee mlay b~e rednlc~lIeed h lller.udr
6. NTo p~art-timeli employee shall be paid ait les~ thazn thle ralte of
fifty cents (500e) per hour.
7. Fiemnale employees performing substantially the .c;lmet wor; als
male~~ employees shall receive the same rate of pa;y as ilnale empllloyees
8. Empllloyers shall mrake pa~Lymlent of all walges and salaries d'ue in
lawful culrrency or by neg~otiable chlckcI therefore payable on deman~ld.
Wiage~s andi salaries shall bre exsempt from any paymellcnts or charg~jes
whn~IL(soever~ otherI than those voluntarily panid by the emplloytee or
I1crqi red by law. Employers shall aIgree with employees~ not~ to wVith-
1IL11 ag~es or salaries, and to pay wagesc' at 103 ~t at the enld of every
two weeks' period, andl salarries at least at thle end of every2 monthfl.
Thle employer~l or his agen'lt shall ncepclt no r~eha;tesi directiv or
indirectly on such wages~ or give anything of value or etend1~ falvors
to any person for the purpIose of inlfllancling~ ra;teh of wage.,r or the
workinelo conditions of his employees.~





599


ARITIC'LE P- ENERAL rJABOR PROVISIONS

1. No person'' underl 17 years of ag:e shall be emnployedc in thle Trade
except b~ootblacks, who mayr be emp~loy\ed: if 16 years of age or ov\er.
In any State an emnployerr shall be dee~medl to have comll!iedd with this
provision if hec shall hav-e on. file a cerltificrate or p~ermit d~uly signled
by the, authority in such state emp~ow!ere to issue employment cerrtifi-
cates or permits, shlowing thant the emnploee is of thle 1requiredt ae.
i. Employees shall have the right to organize and bar!gainl collec-
ti\ely thl~rough representatives of therir owon chlor, iner. and shall be
free from th~e inter~ferencee restraint, or conel~~rcio of emnployersi of
Inbor, or their agrents, in the designal~tionI of such r'~)1~epresentivesd or
in self-orga~nizaltlon or in other co-ncert~edl activities f~or the purpose
of collective bargrniningS or other mutual aid or p~rotection.l
3. No employee and no one seeksingr emlnlymentlr~t shall be reqcuirecd
as a condc-ition of employment to join anyr compnll;ly union or to re-
fl elnm from joining~, or~ganizing, or as-4~.c-ting a labor organization of
115. OWH choo~ilng.
4. Employers shall compllly with the mnaxrimum hours of Illbor,
mlinimrum. rates of pay, and other ccnd~itions~l of etmployment approvc,\ed~
or presiblie~d by the Prest~idenlt.
,5. Within each State this Code~ shall not supersed~e any laws of
slc~h State implosing~ more stringent r~equirellcnwnt regu~lating the ages
of emlo~~y~ees, ~wages, hours ofwork, or cafety, health, or genleral
w5or~kinrr conditions11 than are impos''edl under this Code.
G. Emlplo.yers shall not reclassify empl-loyeesc or durties- of occupa-
tions performedlcc by emloyee,!~;s. or engage in any other subterfuge,
so as to derfeat the pur~lposes' of thle Act or of this Code.
7. EachI employers shall post aind keep~l pocsted~ in ten-point type
or larger a compIlete copy of this Codle, andt the. Inrrle and address
of the nearsc~t official p'la~ce where code1 Vio~ltionsf m~ay be reporlte~d,
in English, and such other languagesc as th~e iemployeesc~. mly need to
u;nders~tandc it, in ca wosplaces re~adily evnil to the
employees.
8. ALn emplllolyee shall be paid at least his full rate of pay for all
time required to be sp~lent at the place of emp-1ISloyment or in connee-
tion with, the tlischargre of duties of such employment.
9. No emplroyerl shall contract his wvorkr to any person to be done!
except, wrhen such personcll is subject to th~e provisions of this Codle or
the Code adocptedl for the trade or industry covering such work~l.
-10. It is not. the intention of this Code to modify e~tablish~edl prac-
ticees or privileges as to vmentionl pel~criod or swk~ leave.
11.. No employee shall be dismniss.ed byi I~~~relon o makring a comll-
plalint or giving evide~ncec with respect to a ~viola tionl of this Code.
12. Every\ emiployer1 shall makeic reasonab~llle ,r~ovisioni for the safety
andelt of his emlplo~yees at the pla n dt uri tehuso
thleir employmencnt. Stanll~~dars for salffety and hetalthl shall be sub-
mitted by the Code~ Authlor'ity to the Adminisltraitocr for approval
wvithin six months aifterl the effective clate of this Codet. Upocn ap-
provall by the Admi~nistratorol such stndrltl1ds sh~ll becomec operative
as a par't of thisu Code.






600


ARTICLE: VI-Aj na rs I smRA INo

To further effec~tuate the policy of the Act, a Code Authority is
hereby c~onstitultedi to admliniistter this Code.
1. The Code Authority hlnl cocnsist of from ~five (5) to seven (7)
r~epresentattives o~f the~ Trade (w~ho Clhall be members of thle Trade)
or such other number1.?1 as may be apjpr~oved froml timne to time b~y the
Administrator, to be selected as hereinafter provided, and such addi-
tional p~ersonsl not t~o exceedl three (3), without vote, as the Adminlis-
trator may appoint to Irepre-ent. such groups or interests or such
govel~llrnmentl ag~encies as he mayr designate.
(a) Five (5) memtllber's of the Codep Authority shalnl be selected in
the following manner: The Board of Directors of the Nationlal Asso-
eintion,1 of Master Shoe Rebu~ildlers shall elect one (1); the Board of
Directors of the N~iational Shoe Rebuilders Association of Aimerica
shall1 elect one (1); the Board of Direcctors of the ~Amerienn Federan-
tion of Shoe Repairers, ]Inc., shall elect one (1); thle Boar~d of Dir~ec-
tors of the New England Master Shoe Rebuilders~ Associationl shall
elect one (1); and the Board of Directors of thle Asi-ociated Shoer
R.epa~irerls of America shall elect one (1_).
The foregoingf five (5) members shall be electell on1 or1 before the
effectlive date of this Code, and shall hold office for o-ne yea andl
thereafter until their sulccessoc-rs are elected; thrir ucces~sors shall
be e~lclcted~ for a term of one year. Elections of ncessors~;;) 1~ (wh~~ich
ma~y include Itrel~c~tionsl of original members) shall b~e mad~e. and
a;canrc~ies for uxnexpirted termsn; mnay be filled, in thle c;ame mannner
and by the same agencies as the original elections.
(b) Twrio additional member3~1s of the Tradi, who ar1e lot mnemb~ers
of any of the five associations mlentionedl above, may7! b-e appointedl
mrtll~ember of the Code Auxthority bty th~e Adiminis=trator~l or selected
in a manner prescribed by him.
2. Each trade assoc-ciation directly or indirectly p~articipati nga i~n
the selection or activities of the Code Authority shall:
(a) Impose no inequitable restrictions on membership.
(b) Submit to the A~dmlinistrator true copies of its a~rticeles of
as~oc-iatioln, bylaws, regulations, and anly nmelndmentslt when. made
thereto, together with such other informain~tionl as to m~emnbership,
organization, and nertivities as the A~dministrator may d~eem7 neces-
sary to effectuate thle purposes of the Act.
3. In order that th~e Code Authority shall at all times be. truly
replresenltative of the trade and in ol~ther respc~lcts comply ithte
plrov'isions of the At~ct, the Administrator maly provide suc harng
as he may deeml pr~op~er and thereafter if he shall find that the Code~
~Autorityy is not truly representative or does not in o-therl respects
comply with the provisions of the Act, may require ain appr)1oprli:te
modification in the method of selection of the Code Authority.
4. Membllers of the Trade shall be enltitledi to mnake us~e of thle
National Recovery Ad7m i n istra~nt ionl Code TInsignia for said Trad~e a ndt
to participate and share the bene~its of the activities of the Codle
Authority by aen~rting~ to a~nd complingr with the requirments olf
this Code and sustainingr their ren-onablle share of the expenses of
its adminustrationi.






601~


5. (a) Nllothingr contained~ in this Code shall constitute the members
of the C'ode Aulthlority par~tners for anyl punl11~rpe, nor shall any
mnemlber of the Code Au~thority be liable in anly mannerl1 forl any Act
of anly othler members officer, agcent, or emloyeel~e of .the Code Ai~u-
thority nort shall any\ memnber of thle Codel Authority exercisino-r
reasonable diligncel~c in; the c~ondulct of his du~ties hereu~nller be liablel
to any1 on~e for any1 ac(tionl or om~lissio. n to act under the Code~~ ecrrept
for his own wvillful mis-fens~ance or nonr-feasance.
(b,) The Codie Authority and each local Adminiitenftive Board,
esitab'lishedt purlsunnt to the prois.iiioni of SeCl~tion 6, sursecction (e) of
this Ar~ticle~ may3, upo' subm"issio n to and approva,''l bay the Adminis-
tratorL of its proposed certificante of incor-l1poration and by-laws, in-
corpora1te u~nder thle laws of any Statet in the UCnited State; or of the
Diutricrt of Columbia. The pow~ers~, objcl~t<, aind purlposest of said
corpora~" t ions shall in all respecerts be limitedl to the power'l's, objects, and
purpo~ses of the Code Ahuthority for the Shoe Rebsuilding Trade a7nd
tthe local Adlminis~ lftratie Boardls of the Shoe Rebuib~ling Trad~'e as
pr'ov-ided inl this Codel, an~d the exsi.-tenice of the corporations shall be
focr ther duration. of this Code.
6.~ Ther Code Authlority shall h~ave the following polvers andi duties
to the etestnt~ perm~itted' by the Act.
(n) It shall insur11e the execu~tionl of the prov.,\isions of this Code;
andc provide obljelct to rules and I~:reglations.- established d by the Ad-
mlinlisjtraftor, for -the Ilomlplinncee of th~e Trade wTith the 13rovision s
of t~he -Act.
(b) It shall adopt bylaws and rules andc reg~uintion~s for its pro-
cedlure and for the adi~ni.s;tratin of the Code, in accordance with
the powers' here'in granted, and sb nllit~ the same1r to the Adm.rinis~tra-
tor for his approva\'lf, togefthier with. true copies of any amnelltndment
or add~:it~ion!s when mad~le therleto-, mIinu~tes of meec~tings~j when held andc
sulch o~ther~ information as to its nrtiv-ities a-; the AdmljIlcinitrto' maly
dleeml n(ceCSSar'y to ef~feict the purpo-ec of the Acet.
(c) It shall d-ividl, andl, if n~iese:1ary, sub-divide the United Sctates;
into~ such regions and local areas us,4 in its judgment, will blest farcili-
ta le the adminislitrantio:n of this Code, subject to the approval : l of the
Admiinistrator.;
(d) It shall1 create as an agency'! of the Cod~e Authority local Joint
TIndus~tr~ial Relatio~ns Boards can listinga of an. equally numbe~pr of rep-
retcntative~s of em~lployerIs and empnloyees, and an impartial chairml~an.
Rect~ed~ b~y the Memhnsl~ of the Board, to I!ent with all matters in the:
Codle r~elating to hours, wages, and general labocr provisjcions. The
de-'ignatedI cemp~-loyeies r~~llepre-entativee. shall be truly~ repr~esentative
orf the~ employlees of the tradle and chosen by uc Remp~loyees.Adin
(e) It hall establish and ap~point loon ho euidn Amn
istrantivet Boa-,rds for each such rePgion or local area andl delegate to
such adtministl~trave boards any of the pow~er and tluties rep~osdc~ in it
byr this, C'ode w-ih respect to such~ regSionis or l~cal areas, such admlnin-
istr~ativc hea:,rd~ to b~e representative of the severall gl"rop' cl-mipricsingr
the Sihoe Reb~uild:ing T'rade in its region or local area, and, where a
representativeP consumers' organization exis-ts in such region or local
area, to inc~ludle a rep~resen~ta\tiv of suchl org~anization without. vote;
~r~oviedl, however, that no~thing hePrein shall relieve the Code
Authority of its r~esp~ons;ibilitie s u1nder this Code.






60i2


(f) It shall request the United States B~ureaui of Standards t~o
define .-tandar~ids of quality of such malterials as the Code Authority
may deemn necessary and to describe such standards of quality in
terms intelligible to the public. When such standards have been
defined and described by the United States Burea~u of Standards,
and approved by the Admlin~istrator, such descr~iptions shalnl be used
byT all mnn~embe of the Trade in selling or offerings for sale any
services in which the material deltfin~ed is used.
(g t shal1 lprescribe u~niform hoursc for npening andl closingr of
retail outlets for each region or locality, with due r~egSard for the
needs and cus~tomsl. of such r~egion- and localities, subject to t.he up,-
proval of the A~dmljini trator; provridedl, however that where a mnem-
ber of thle Trade is operating a~s a? depanrt~ment, o a depart ment. store
and such store is observing certain opening and closingr hours in
comlpliance with the Code o~f Fiair Competition for the Retail Trade,
then such member of the Trade may be permlitte d to observ\e thle
same hours as the department store, and all other memnberls of thle
Tradelt in the samle local area mayL~ observe the samell hours forl o-peningl
and closing.
(h) It shall* cause to be formulaltedl an ncccuntingg system andi
methods of cost finlingsr or es~timating( capable of use by~ a llmemlber~s
of the Tradle. After such systems anld methods have bee~rn forml~ulated
Jand approved~ by the Administrator, full details co-ncetrningg th~em shall
be made available to all members. There~nfter all miemiber~s shanll de-
termin~e or es.ctimal~tc costs inl accordance with the In-inciples o~f such
methods.
(i) It shiall establish and 1elo-escibe, after due notice to mnemlbers of
the Tradelt and. to representatives of cunwinnercls and oilther.- affrctedl by
this provision and a public hnclling in each region or1 local arleal at
which r~eprcc~ en t a\tivs of consumersl~l. and other grouplls n ff~ctel t herebyl
shall be given an opportunity to be heard, fair and reasonable mima-
mnum wholesale andl retail prices by reg:ions and/or local areas, for
the seve\.ra~l services comprised wPithnin thle definition. of the Shioe. Re-
building Trade; such minimum wholesale andl retail pr1ices~ to be
sufficient to provide for carrryingr out the purp1Ioses of th~e Act, to en-
aLble thle TPrade1~ to mra-intain the pyou-iltnt of at least iminimum w-ages
herein established and other wngel properly based thereon, thle fur.-
nishing of stable employm~e nt11f neI~...c411'y to maintain. the ITlRade, andi
,Cuch other cons~idrati~t ions 1reasollnably pertinen~it therei~tc. In thie event
that 25"r;. of thle members of the Tradn~e in any Iregio-n anld/or local
area voting in accordance with a fair mnethod of ot..,ingb aIlpproved
by the Admilinistrator object to any price so e. tab~lishedi such1 pric~e
shall be rlloternati( allly suaspendedl until a fu~r~ther1 hear~ilg nd ri Iestudy
can be arlranged. Prices so establish-ed shall be thne lowest reasonable
cost of the service inl such region or local area. T'he elemennts of such
cost .shall1 be de~terminedcl by thel Codel c Authority subljc~ct. to the ap-
p~roval of the Admrinisi;~traor Such pric~es.1,hall be~ic-,met ef'fctive upon
approval of the Adminiitrantorl after due notice and~ a public hearing
on such1 pr''i~ce.
A~ny minimum pr~ices~ thus etab~llishedl mayl~ fromY timle to time be
inecr~en e or creased.nccl necord~~inlg to changl~ing COndC~itions, by thle
Admllinistentor a':fter suchI hearing as he may deem~l necessarily .






603


Immned-iately after any such prices, increases, undr/or I~reuc~tions
ha ve been approvedt by the Athlninit tra;tor,l the Codelt Authority shall
take sulch steps~ as are reasonnably calculated to notify all membersI.- of
the Trade th~ereof, that such pr1ices~, ilc~reases. andl/or reductions shall
go inlto effclr~t uponli such date or dlatces as the Code Authority shall fix.l
(j) It shallI determine, on. the bai~ns of volume of business and/or
such other fa~ctors as mnay be deemed~c equitable to be taken into con-
siderant ion, and subject to the approval of the Adm in i tra t or .~, the rea-
ornblel share of the expenses of admllinistent fionl (inllCuding the exi-
p'ensesi of all I':iregionn and local Admrinistraltive Boardlts) for each of
the groups of members of the Trade-lt represe~cntt ed on the Code Autthor-
ity and thle reasonale,1lll share of each member within each g~crop,(
receive sulchl payments either cdil~-retly or through the a sc.;ciatio~n.
r~epresenlting~ the several groups, and make such iit ,illbursemenlt:; and
su~ch dlistr~ibution of the p.llc.rneee of suchz Ilyments asI are found
necessaryy to mlee.t thec expen as: of! administration.
(k)j It shanll obtain fmanrl members~il' of the Trade such information
and~i rep)orts as are requ~lired'c for the admin~i tra~ti.ion of the Code,. and
it shanll provided for uhani.--Jon byr mfemlbers of such information and
r~epor"ts as the Administtltento rmay dee mnecessary for the purpnr~cse
retcitedt in Section 3(.a) of the Act, which information and repor~ts
shall be rubmlli t tedl by membersc to such a dmin ist e;t ive and/or govern~r l-
mlenlt agencies as thie A~dministrator mlay tle igna~te; provided thaut
nothing in this Codel~ shall reclieve any7 luember~~~ of the Trade of any
exi~ting~ obligation to furnish reporits to any Govec:l'llrnmet ageCncy.
No individual reports shanll be dlisc~losed~i to any other membrll.er of the
Trad1eI or any others parlty exeplt to such Gover1nmenfltal aigeclirii as
mayn! be dir~ectedlr by thle Adm~iini. (1) U~pon its owni initiative or ulponr comp11~3jlat of anlly per on~,
alffe~tct, it hl~rl make investigation as to the functioning and bsrvl~~l\-
uncet of this Code, and repollrt the rllsults of such investigation to the
Adm ~inistr ator.
(m) It shall coopera1:te with the Admninistrator in the cestab:lish-
mecnt of an advl\isory cor-unci' for all service trades, consider anld nav\ise
writh the Adm~inist ratorl on maltters of concern to two (2) or more
servicec tradces ope~rl'tingP unlerl separate Codes of Fair Compe~ctitio:n,
andl sha1 l-l appint a r~11epresentative of the Shoe Rehn~ild-ingr Trade to
.suchl advisory council.
(n) It maiy inlitiate, conider-c~, and mnake r~eco l-mmendatio~ns for thle
mod~ification or nllcnewhlent of this Code, wh~ichl upon appr~oval by
the Adi~niristra~tor shall becomeln operative as a part of this Code.
(0) It mayS use such trade n~sso~ciations and othler agn~r cis as it
dee~ms proper~L for the car~vryin out of any of its activities provided
for~ here~inl andl~ pa3 suchz tradelc asscciatlcon~s and agei~ncies the cost
there1of, pr!ovid-ed that nlothring herein shall relieve the Code A~u
thority of its duties or respionsib~iilitie under~l this Code and that
suIch trade(t a~ssociations~ and agrencies shall at all times be subject to
and c~omplyr with the provisions hereof.
(p') It -hall color~dinate! the admlinisite~ntioln of this Code wicith rchl
other Code-~c, if any, as may be related to the Trade-l.
r. If the Admliini trantor .sh~all retejrmlinle that any action of a Co~de
Aulth~ority orl anyr agecnty thereot~cf may15 be unfair or unljus-t or contrary
i S"e paragrap~h 2 of order appruringlr this Code.





(004


to the public inf uc~c.-t, the~lcti l~ Adm initrtor may reqiuir~e that -uc~h action
be .-u~spended to affordl an opplor~tunity for investigation of t~he merits
of such ai-icton and further considerations by such~ Code Author~ity or
agency~ spending~ final action whiich shall not b~e effective unlless the
Admlinistrator approve, or unless he shall fail to dlisapprov~e after
thirty days' notice to hlimY of inltention to p~'roceed withl suIch action
in its original or modifiedl form.

ARTiICLE. VII--TR~ADE PRACTICES
TIhe follow\ingr prne:c.tices. by any member of the Shoe Rebuildling
Trade, ~onstitute unfair methods of competitionrl andc are prohibitedd:
1. 2MideadinUl,! Advelurti~sig.;- The use of (or parlticipantion in) the
publication or the broadcasting of any untrue, deceptive, or miislead-
ing statement, represenltatio~n or illustration, i'n connection w~ith and
for the purpose of ,furlthler~in the sale of shoe: rebu~ild.inl servicec.
2. Defamnatiron or Disparagemlent of Competition~.-- Thee false imn-
putation to competitors of dishonorable condluct, or~ ilnability to per-
form contracts, and/or poor or quetst iolnable credit. sta ndling andc false
representation conrer~ning the grade or quality of thle serv\icc r~endlered
by comlrpe~t itors.
3. U~lllerselling/ Cla~inwz.--Ad vertising wchichl i nn curaI ~tely~ an-
nounces or lays claim to a policy or continuing penetsic~e onl the part
of the advclrtiter of rrenerally or regularly underse~illi nr Ccompletitor's.
4. MEisl(eadting Guara~n~tees.--Guarantees -whichl ar1e no.t sp~ecifie as to
the nature and extent of the guarantee or wh~ichl for' any ren~son1 arle
lnen forlceabnl., against the guarantor.
5. Mt~slep~.ls, ultation2 of Pr'i~eS.--R epresentatini(,l rf any riches
and/or credit terms as special when they are~ in fac~t thle rerrular
prices and~/or credit tel~rln~ of the personl~l mak~ingr su! ch represenaintain
6. Un7fair Mlerchand!;~; isilnU eviecs.--(a) The paymenClt o~f a1 COml-
mnission or anly other consideration to aznyone noc.t a miember~l of the
Trade~t nor regularly employed by a member oif the Trad~e, for the
solicitation or procuring of shloe repairing.
(b) The use of loitter~ies.
(c) T1he use of coupons book-t; and discount coupons. The pr1ov-i-
sions of this paragra'';ph shall. not, howevercl, prohibit (1) the use of
coupon books, discount coupons, premiums or certificates by a memi
her o-f the Trade whlo wras using such coupon bookls, dliscc:unt, coupons,
premliumns or certificates on the date of approval of this Cod~e, unlder
a subl.-isting~ and bindling contract with at per'.-onl n1ot a member of thle
Tra;de, but only ~until the exp~iration of such conl~tlnet, or (2) thle usec3
of coupon books or of discount coupons provided~ all of the mlembe~rs
of the Trade doing business in the same local area agreet to such use,
or (3) tihe use of t~radingr stamprs byy a member of th~e Tradle who is
operating as a depar:lltmen'lt of a store wh~en such department. store
ulses tradillr~rsnll.,tai~ for all its departments, but in such.f ense~C no meIm-
ber of the TIrade many adver~tisel the use of such tradlting stmnp~. .
In the event that such a membell(l'Ilr makes use of treading stumps~, th~en
all other members of the Trade in the amen local ar~ea nulyal :To use
t traing stamps if they desire.
7. Adde-~d Charge.<.-Th~e attempnlt to secure an addtitiollnn charge
for wn~orkr performed other~i thanl thlat ac~tually authiorized by the
(:ll.40mer.





605i


8. Leasiing spa~ce for' Shoe Sh*Jinlingi.i-Leasingr or rIenting or other-
wis pemitingthe use~ of any part of the premises of a m1emb~er of
the Tade fr se shining, so asi to dlefeat tlhe purposes of this: Code
or of the Act..? :;
9. Flieel WlorkX.--The furnishings, free:, of any services or comlmodi-
t ies of t his Trader to anly one except inrg a bona idle chair~ity.
10!. S~eling~ Blrlow~ A7iiln aim ~Prices.--The sale, or offer' for sale~, of
ainy sh~oe r~ebuildingr service in, or for delivery to, any rregion, or local-
ity, at less than. the minimum price for such services as may be
eitnblishedc for suchl region or locality under the pr~ovisions- of Article
V'I, Sectionl 6 (i) of this Code.
11. MI~is~lrtpres ntion of qu1 jF&Laity.-~Th e sale, or offer for sale, of
anyl~ terviic involving the uset of materials whose quallit~y is definedt~
by thle Unitedl States Bueauc~ of Standards, without ne~curate~ly in-
formninlg the customers~ in such manner as may85 be prlescr~ib~ed by the
Code Aurthor.ity, of the true qua~lit~y of the ma~lterial as d~efined and
derscr1ibed by\ the United' States Bur~eanl of Sta~narllds and appr~loved
byr\ the Admlllinistrator;. ]Every member of the Trade shall display
in; a Cconienilous place in his retail outlet a pr~inted~ list, which may
be easiily rcadl, of the various qualities of mlafte'ials as defined and de-
s:~lcribe by th~e U~nited Staltesc Bureau of Standards.
12. Se llln -Beloso lost.--No members~ of the Trade shall sell anly
Serv~i~ce or, conunodity~itS of the ShoeI. Rrlhnildinga Trade at a price below
hisi ow\n individual~ cost; provided, however, that any member may
meet thle price compel~,titilon of any other niicathiler whose costs are
lower~l. Co-t shall be dettermninedl in nc.cordanccrt with thne method of
cost-tinding~ prescribed by the Code Authority under Article V-I,
Section C; (h) of this Code.
If: mlininanll prices are etabtl~lisheel in accordance with thle provision
of Artic~le V(I, Sectio~n 6j (i) of this Code, th~e foregoing paragraphlnp i
proh'libiting~ cle" below cost shall cease to be binding on any mem!l-
b~er of the 'Tradle.

A~RTICLE~ VIII--MUN.IOPOLIES

Nio prov\is-ion of this Code shall be so applied as to permit monopf-
alies or~l monopollr.~ istic: practices, or to chounate~lf, oppress, or discrimi1-
no;te aganinst small enterpr~1ises.
AnllflLE IXi-JI ODlrIFICATION

1. Thlis (~c-d-e and all the provisioln- the~lreof ar~e expressly maltde
subject to the1( right of the Pr~esidenlt, in necordancllc e with the provi-
sions of .subsection (b) of section 10 of the National Industrial
Recovecry Act, from time to time to cancel or modify any order,
aplprovanl. license, rule, or regulation, issued under Title I of said Act
and specifiednly, but without limitation, to the right of the Presi-
dlent to ncel;~l~ or modify hnis approval of this Code or any conditions
imp~~osedl by! him upon his approval thereof.
". Thil: Cocde, exceplt as to prlovisionsl required by the Act, may" be
modifiedl on thet basiis of exsperienlce or chianrge in cireilIllfarnstaces,




111111111[1111111 1111111111111111 111111111111111111 11 111111111111
Gc06 3 1262 08852 5430

suich ma~lli leation1s to be Unse~d u1pon appllicat ion to the Administrator
;u1w ~l suc notice andlc hearings as he shall specify? and to become
effective n7 aLpprIoval of the A~dministrator .
AnnOIICLE X-~FFECTI. E DATE

TIhe effrc~tie atl-er of this Co~de shall. be the second Monday after
approval by the Presiident.
Approved Godie No. 3712.
Reg~istry N~o. !,28-273.