NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
SHOE LAST AND SHOE FORM
For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents
Approved Code No. 405
Registry No. 322--01
WE Do OUR PART
GOVERNMlENT PRINTING OFFICE
AS APPROVED ON APRIL 23, 1934
This publleation is for sale by the Superintendent of Documents, Government
Printing Officec, Washington, D.C., and byv district ofilees of the Bureau of Foreign
and Domestic Commlerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 5041 Post Office Building.
Birmiingham, Ala.: 257 Federal Building.
Boston, Mlass. : 1801 Custombouse.
Buffalo, N.Y.: C7hamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chlicagro, Ill.: Suite 170l~6, 201 North Wells Street.
Cleveland. Ohio: Chamber of Comlmerce.
Dallas, Tex.: Chamber of Commerce Building.
Detr'oit, M~ieb.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianupolic. Ind.: Chamber of Commerce Building.
Jac~ksonville, Fla.: Chamber of Commerce Building.
Kaunss CJift, M\o.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadwray.
Louisville, Ky.: 408 Federal Building.
M\emp-his, Tenn.: 229 Federal Building.
M~iunnapolis, M~inn.: 213 Federal Building.
Newr Or~leans, La.: Room 225-A, Customlhouse.
New Yorki, N.Y. : 7341 Custombouse.
Nor-folk, Va.: 106i East Plume Street.
Philadelphin. Pa.: 4223 Commercial Trust Building.
Pittsburgh. Pa.: Chamlber of Commerce Building.
Portland, Oregr.: 215 New Post Offce Building.
St. Louis, M~o.: 508 Olive Street.
San Fravels~co, Calif.: 310 Custonlhouse.
Seattle, Wash.: 809 Federal Offic~e Building.
Approved Code No. 405
CODE O1F` FAIR COMPETITION
SHOE LASTL IND)USTRYJ
As Approved on April 23, 1934
APPROVITNG CODE OF FA\IR COMPETITION FOR THEI~ SHOE LAST INDUSTRY
AND SUPPLEMENTAL COD)E FOR THE SHO E ORM INDUSTRY
An application having been duly made puorsuant to and in full
compliance with the provisions of~ Title I of the National Inldustrial
Recoveryv Act, approved June 16, 1933, for approval of a Code of
Fair Clompetition for the Shoe Last Induzstry, and Supplemental
Code for the Shoe Form Industry, and hearings having been duly
held thereon andi the annexed report on said Codes, containing finll-
ings with respect thereto, having been made and directed~ to the
NOWV, THEREFORE, on behalf of the President of the United-
States, I, Hugh S. Joh~nson, Admninistrator for Industrial Retcovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dlent, including Executive Order No. 6543-A, dated Decemnber 30,
1933, and otherwise; do hereby incorporate by reference said annexed
report and do find that said Codes comply in all respects with the
pertinent provisions and will promote thie policy and purposes~ of
said Title of said A~ct; anrd do hereby order that said Codes of Fair
Competition be and they are hereby approv-ed.
HUGH~ S. JOHNusoN,
A dminlet~ creator for Industrial Recovueryl.
Approval recommended :
A. R. GLLer~,
April 3, 1934.~
REPORT TO THE PRESIDENT
The Wthite Ho~use.
SmR: This is a report on the Code of Fair Comp~etition for the
Shoe Last Industry and the Supplemental Code of Fair Competition
for the Shoe Form Industrly. The hearing on the Code for the
Sjhoe Last Industry was conducted in Wlashington, D.C., on Felpru-
ary 13, 1934, in accordance with the provisions of the National
Industrial Recovery Act. At the same hearing, without public
notice harmiig been given, the Supplemnental Code for the Shoe Form
Industry was presented for the consideration of the Administrator
but the formal hearing on this Code was conducted in Washington,
D.C.. onl Mar~ch 12, 1934, in accordance with the provisions of the
Nationlal Indlustr~ial Recovery Act.
PROUTSIONS ON HOURS AND WAGES
Thie maximnum hours provided in this Code for both the Shoe Last
and the Shoe Foirm Industries are forty (40) hours per week and
eighlt (8) hours per day. It is also provided that employees (except
watchmen and those engaged in emergency maintenance or emer-
gency repair w~ork) miay be employed only six (6) days in any seven
(7) dlay period. During seasonal or peak operations for eight weeks
in each six (6) months' period a tolerance of five (5)b hours per
week is allowed and during these peak operations ten hours' work
per day is permitted in order to care for th~e rush seasonal orders
fr~om shoe mnanu fact urIers. Employees engaged in executive or mnana-
ger~ial capacities who r~egularly receive a salary of $35.00 a, week or
mnore andl outside salesmen are exempted from hourly limitations.
Emlployees who are model makers, pattern graders, tackers and
working fortnemen are permitted a tolerance of 12y~2% of the maxi-
mum w~eek-ly hours prescribed for both regular and peak seasons
anld are permiitted to work 10 hours per day during regular seasons
and 11 hours per dlay during peak seasons. It is provided that em-
playe~es of this group who regularly receive less than $335.00 per
week shiall be paid at one and one-th~irdl times their normal rate of
pay for all iouirs~ workedl in excess of eight (8) per day or in excess
of the weeklyv maximan prescribed.
,Shiipping clerks, outside truck~men, engineers and firemen are per-
mlittedl by t.hle Codle a tolerance of 12 %~ of the maximum hours per
w~eek aindl mayu be permlitted to work not more than 10 hours per day.
W~~atchmnii may be permitted to work not more than 56 hours per
Employees engagedl on emergency maintenance or emergency
repair involving breakdowons or protection of life or property shall
be exempt from the hourly limitations prescribed in this Code but
shall be paid one and one-thilrd times their normal rate of pay for all
hours worked in excess of 8 hours in anly one day or of forty (40)
hours in any one week.
The minlniuml wage specified for this Industry is 40 cents per hour.
Metssengaers, office boys and office girls between the ages of 16 and 18
years and learne~s may be comnpensanted at 80%0 of the prescribed
mnimllum wage rante but sulch emlployees shall not exrceed 5%0 of the
total number o f employees o-f an. em~pl oyer at~ any one time. Em-
ploy~ees of limited capacity mzay be employed at less than the mini-
mum rate u~nder the usual prescribed conditions. Equitable adjust-
ment of wages aIbove the mlilnium is provided.
The mlinlimumll age provided in this Code is 16 years but in machine
oper~at-ions this age himit is increased to 18 years.
ECONOMIC E~FFEC`T OF THEi CODE FOR THE SHOE LAS8T IND'S'THYT
The majority of empllloyees of this Industry are skilled work~ers.
TChere has beenl a decrease in the total number of employees of this
Industry during the last decade due to change in the manufacturing
process of the shtoe industry so that fewer lasts are reunir~ed and due
to increased product vity because of mechanical improvements. TIhe
number of employees decr~eased from. 1284 in 1929 to 700 in the
folrt~h quar~terl of 1932. This was increased to '791 in the third quar-
ter of 1933: undler the President's Reemployment Agreement but
declined to 742~ in t.he fourth quarter after thepek season in the
Shoe Industr~y hand passed. Before the President's Reemployment
Agreement became effective 79% of the employees worked in excess
of forty hours per wPee~k the maximum prescribed in this Code, buxt
practically all t~he members of the Industry have reduced their work-
ing hours undler that agreement. The hours pr~escribedl in the Code
will not, therefore, tend to incr~easie employment above the present
The mlinimum111 rate of wages paid in this Industry before the Pres-
ident'!s Reemlploymrent Agreement ranged upward from t~he 15 to 19.9
cents interval. In Novemnber, 1933, the mimmum rate ranged upward
from th~e "5 to 89.9 cents interval. A small proportion of the em-
ploy'ees of thlis Indurstry are unskilled and paid the minimum wage
rate, bu~t in June, 1933, there were 15ro.7%o h mlye eevn
less than 40 cents per hour, the minimum rate prescribed in this Code.
The equitable adjustments of wvage rates above the minimum pro~-
vidled in the C'ode. should somnewhat increase the payrolls of this
Indlustry and the purlchasing powTer of the employees.
ECONOMIIC EFFECT OF THE CODE FOR T~HE SHOE FORM~i INDUlSTRY
Th~ere are only sevren members in this small industry, and one of
the seven is also a member of the Shoe Last Industry. Empiopyment
is highly seasonadble follo-wing closely the seasons of the shoe Indus-
try. Factory employment decreased from 275 persons in 1929 to
135 persons in 19r33 and sales decreased from approximately $600,-
000 in 1989 to approximately $400,000 in 1933. In June, 1933, approx-
imately 56.5%/c of the total factory workers were employed more th~an
the 40 hours prescribed as the maximum week in this Code but the
average wor~k weeki was only 34.5 hours, many of the employees
working less than 20 hours per week.
While the maxonuum hours prescribed in this Codle will not greatly
increase emnploymnent, th~e work will probably be spread more equita-
bly. Substantially increased employment will only be assured by an
increased demand for the product. Because of the highly seasonal
nature of this industry the same tolerances in daily and weekly hours
which are permitted to the Shoe Last Industry are permitted to this
industry. The product is manufacturedd entirely on order and cannot
be manufactured for stock.
In June, 1933, approximately f244% of the factory worrkers received
less than t'he mijnimum w~Fage of 410 cents per hour prescribed in this
Code, but two-thirds of these employees received wages ranging
between 35 and 39.9 cents per hour. This prescribed minimum with
equitable adjustment of wages above the mlinim~uml should therefore
increase the. weekly payrolls of this indlustry only slightly on the
present basis of production.
The Assistant Deputy Admiinistrator in his final report to me on
said Code and Supplemental Code having found as herein set forth
and on the basis of all the proceedings in this matter:
I find that:
(a) Said Code and Supplemiental C~ode are well designed to pro-
mote the policies and purposes of Title I of the National Industrial
Recovery Act, including removal of obstructions to the free flow of
interstate and foreign commerce which tend to diminish the amount
thereof and will provide for the general welfare by promoting the
organization of industry for t~he purpose of cooperative action among
the tPrade gropsn by inducling and ma~intaeining united action of
labor andl management under adequate governmiental sanctions and
sulperv~isi on, byv el imninati ng unIIfa ir com petiti ve pract ices, by promoting
the fullest possible utilization of the present productive capacity o
industries, by avoiding undue restriction of production (except as
may be temlporarily required,) by increasing the consumption of
industrial andl agricultural products through increasing purchasing
power, by r~educinga and relieving unemployment, byT improving
standards of labor, andl by otherwise rehabilitating industry.
(b) Said industries normally employ not more than 50,000 em-
ployees; and are not classified by mne as major industries.
(c) T~he Code for the Shoe Last Industry and t~he Supplemental
C'ode for tihe Shoe Form Industry as approved comply in all respects
with th~e pertinent. provisions of said Title of said Act, including
without limnit~ation Subsection (a) of Section 3, Subsection (a) o
Section aI~nd Subsection (b) of Section 10 thereof ; and that in
the case of the Shoe Last Industryv the applicant association is an
industrial association, which, supplemented by non-members of the
association who cooperated in aIppoinlting the Code Committee and
in making application for a Code is truly representative of the
aforesaid industry; and that said association imposes no inequitable
restrictions on admission to membership therein; and that in the
case of the Shoe Form Industry inI which no industrial association
exists t~he applicant group is trulyg representative of that industry
and has imnposedl no inequitable restrictions upon. participation
(dl) The Code and Supplllemntal Code are not designed to and
will not permit mlonopolies and monopolistic practices.
(e) The Code and Supplemental Cod~e are not designed to and
will not elimlinate or oppress small enterprises and will not operate
to discriminate against them.
(f) Those engaged in other steps of the economic process havie
not been deprived of the right to be heard prior to approval of said
Code andt Supplemnental Code.
For these reasons, therefore, this Code and Supplemental Code
have been approved.
H-UGYH S. JOHNSON,
Arma~ 23, 19:34.
CODE OF FAIR COMPETITION FOR THE SHOE LAST
To effect the Policies of Title I of the National Industrial Recovery
Act, this Code is established as a Code of Fair Competition for the
Shoe Last Industry~, and its provisions shall be the standard of fair
competition for such inldustry and shall be binding upon every
AnnICLE II DEFINITIONS
SECTION 1. The termn Shoe Last Industry as used herein is de-
finedl to mlea n the manufacture of shoe lasts, shoe trees, shoe stretchers,
tree feet, sole patterns, last templates and remodeled lasts; and such
related branches or subdivisions as are defined in supplements to
this Code or as mnay from time to time be included under the pro-
visions of this Code by the Administrator after such notice and hear-
ing as he mayS prescribe, but excluding metal lasts manufactured
for use: by the rubber goods inldustry and also excluding the products
of this Industry made by shoe manufacturers exclusively for their
SECTION 2. The term member of the Industry includes, but
without I~mitation, any individual, partnership, association, corpora-
tion, or other person engaged in the industry as above defined, either
as an emiployeor or on his or its own behalf.
SECTION 3. The termn Employee ") as used herein includes anyone
engaged in the industry in any capacity,! excepting a member of
t~he industry, r~eceiving compensation for his services, irrespective of
the nature or method of payment of such compensation.
SECTION 4. The term "LAssociat~ion as used herein is defined to
nienn the. American Last Association.
SEen~ow 5. The terms "Act and "LAdminist~rator as used herein
shall mean, respectively, Title I of the National Industrial Recovery
Act and the Administrator for Indlustrial Recovery.
ARTICLE III- 10URS
Secrion 1 No employee shall be permitted to work in excess of
forty (40) hours in any one week, nor more than eight (8) hours
in any one day, except as provided in Section 2 of this Article, nor
more thann six (6) days in any seven (7) day period.
Scn~~oN 2. The maximum hours prescribed in Section 1 of this
Article shall not- apply to:
(a) Employees engaged in executive or managerial capacities who
regularly receive a salary of $35.00 a week or more, and outside
(b) Em1ployees, during seasonal or p~eak operantions~, for anly
eight (8) weeks of each isi (6) months' period who mary be per-
mlittedl to workc not more thanl forty-fivre (45) h~our~s a wseek or more,
thian tenl (10) hours a day.
(c) Alodel M1Iakers, Patternl Gradersl' Tnc~ke~ Irs and working For~e-
men, w-ho may~ be permitter d a toleranllce of twelve andl one-hlalf
(124%) p~er cent of the muxl~imlum hours prescribedc in Sec~tion 1, or
Section j2. Sub-section (b) of this A4rtiC~le durlling regular and petnh
seasonsu providedi that, such~ employees shall not be pelrm~ittedt to worulk
more than ten (10) hours in any one day during regular seasons,
nlo mlor~e than elevenl (11) hours inl any oner day during peak seasons
and p'rovided further that such employees w;ho regularly receive less
thlan $35.00 perl w~eeki shall be paid not less- than one anld onec-thir~d
(11/3) times their normllal raLte of pay for all hlour~s work~led in excess
of eight (8) hlour~s in anly oneC day andc~ for all hours.- wRorked in anly
one week in excess of the! maxsimumln hours p~recrJ~ibed in Secctio.n 1,
or Section 2, Sub-section (b) of this Article.
(d) Shippling e~lerks, outside truckrmen, enginleers, andl filclreme,
wrho many be pe~rmnitte d a toleranlce: of twe~lve anrd one-hazlf (1C"!)
p'er cenrt of the maximum hours pIrscr~ib~ed in. Section 1, or Section 2L,
Sub-sectionl (b) of this Article during regular and peak ~eas~ons but
whlo mlay\ not be perm"ittedl to wlor~k more thanl tenl (10) hours in any
(e) 'Emplloyees on emergency marsintenance or emellr~gencyl repair
w\orkl involving breakdowns or protection of life or prLoperlty', pro-
vidingr timet and on'e-third is paid for hours worked in excess of
eight (8) hours pcer day or in, excess of fo~rty (40) hours per week.
Trhe limitations as to sixr (6) days in any one w~eek as prescribed in
Section 1 of this Article shall not, apply to such employees.~
(f) Wa'tchmenc shall not be employed more than fifty-six (56i)
hours per wetek. Thre limlitations as to six: (6) daysT in any one: weeik
as prescribed in Sectionl 1 of this Article shall not apply to slc~h
rSECTION 3. All tinl6 Worked on Sunlldays and legal holiday! by
employees engaged in prouctrcion shall be comnpeln satedt at one and1
onie-half (11.*) times the normal r~ate.
SEC'TION 4-. TO enmployer shall engage any emlploy~ee for any time
wh~ichl, whenl totaled with that already performed with another emr-
p~loye~r or empy-loyers, exceeds the maxilmum hours prescribed in. this
AnnO(LE IV- AGES
SE~CTION 1. N'o employee shall be paid at less than thne rate of
forty (40) cents per hour or the rate of sixte-en (16) dollars per
SEC:TION 2. rrlis particle estab~lishes mlilinimum rates of pay, regard-
less of w~heth~er an employee is compe~nsated onl a time-rate, piece wor~k,
or other basis.
SECTION 3. Femnalee employees performing7 substantially the samne
work as male employees shall receive the samie ra~tes of pay as maile
SECTION 4. b10SSenlgerS, Offie boys or office girls between thle ages
of 16 and 18, and lear~nersi shall be paid not less than 807'o of the
minimum wage, providing that. t~he number of all such employees
shall not exceed 5%0 of the total number of employees at any one
timie and that no lear~ner shall be compensated at less than the min-
imnum rate for a period in excess of tw\o mont~hs.
SCECTION .5 A personn whose ear~ningr capacity is limited because
of age or physical or miental handicap may be employed in light
wotrk at a wage below the minimum established by this Code if the
employer obtains fromt th~e State Authority designated by the United
States Depanrtmlent of Labor a certificate authorizing his employment
at such wages andl for' su1ch hours as shall be sta;tedl m the certificate.
Such author~ity shall be guided by the instructions of the Unitled
States Department onf Labor in issiingr certificates t~o such persons.
Each emnployrer shall file monithly with tihe Code Authority a. list of
all such persons employed by h~im, showing the wages paid to, and
the maxsimumn hiours of w-o~rk for each employee.
SECTION 6. A~ll employees w~ho receive a compensation in excess
of the minimuml shall receive an equitable adjustment in rate of
pay over the rate of pay in effect, on Junie 16, 1933, unless such
equitable adjustments have been made since that date. WTithin
thirty (30) days after t~he effective date of this Codle, members of
the Industry shall report to the Code Authlorityv and to the Admin-
istrator for ~his approval3, all sucrh equitable adljustments which have
beeni madle since June 16, 1933.
ARTICLE V -GENERAL LABOR PRovisions
SEC'TIoN 1. No~ peCrson unlder 16 lear's of age shall be empIloyed
in thle Indlustr~y. No person under 18 years of age shall be employed
at malchinet opera tions. Ini any S~tate an1 employer shall be deemed
to hiave compliedt with this provision as to age if he shall have on
file a certificate or permit dluly issued by the autfhority~ in such
State. empiowere"d to issue employment or age cer~tificates or permits
shlowingr that the employee is of the required age.
SECTION 2. (a) Employees shall hav-e the right to organize and
bar~ainn collectively, through representat~ives of their own choosing,
andt shalk be fr~ee from the inlter~ference, restraint, or coercion of
emnployers of labor or their agents, in the designation of such rep-
resentat~ives or in sielf-or~ganization or in other concerted activities
foir the pulrnrpos of collectiveP bargningri or other mutual aid or
(b) No, employee and no one seeking emnploymnent shall be required
as a condition of emp~loymcmt to join any company union or to
r~ef~rami from joining, organizing, or assistingg a labor organization
OIf his OWH chooslug.
(c) Emnployers shall comply with the miaximwun hours of labor,
minimum rates of pay, and other conditions of employment approved\
or prescribed by the President.
SECTION 3. No provision in this Code shall supersede anyr St~ate or
Federal law which imposes on employers more stringent requirements
as to age of employees, wages, hours of work, or as to safety, health,
saniitary, or general working conditions, or insurance, or fire protec-
tion, than are imposed by this Code.
SECTION 4. No employer shall reclatssify employees o uiso
occupations performed or engage in any other subt:erfugefor the
purpose of defeating the purposes or provisions of the Act, or of
SECTION 5. Every employer shall mak~e reasonable pr~ovisionis for
the safety and health of his employees at the place and during the
hours of their employment. W'ithi~n ninety days after the effective
date of this Code, thle Cod~e Authr~ity .shall sub~mit r~eaonable
standards for safety and health to the Ad~miniitr~ator for his ap-
proval. After such standlards have beeni apprlovedl each emplloyer
shall comply thierewith.
SECTION 6. No member of t.he Indus~try shall1 lermit any emllplycee
to engage in any contrnet or contr~acts with anroth~er person or other
persons, whereby such person or per~sonsl wor~k for auch employee in
connection w~it.h the business of thle ml~nembe of thle Indlustry.
SECTION 7. All employers shall post andl thierenfter mnaintain comH-
plete copies: of the wage, houir, and other labori prov~isio~ns of this
Code in conspicuous places accessible to emiployees.
ARTICLE VI--ORGANIZATIONU, POW'ERS AN'D DUTIES OF THIE CODE
SECTION 1. A Code Aunthor~ity, is hereby consltitu~ted to cooperate
with the Administrator in the admlinistrantio n of this Code.
SECTION 2. The Code Authority shall consist of seven (7) m-em~bers
of the Industry andl one miember representing the Admiinisi~trativ
Agency of eachl Clode of Fair Comnpetitio n which is herleby or m~ay
hereafter be approved as a Supplemnental Codc to(, this Code.Suc
representative shall be thle chairmali n or oltthe lr mmbr- i desligna"tedl
by each such Admninistrative Agen~cy to retpr~esent it on the C~de.
Authority. The election of the seven (7I) members of thle Code Au-
thority who represent, t.he Shoe~ Last `TInduistry! shall be c~onducted
by a fair method to be app~oved by the AdmllinistrIntorl. In. addi-
tion t~her~eto the Admninistr~ator,. inr his dlisCretionl, miay appo~int one
to three non-voting mnember~s to th~e Code Aluthor~ity to re~pr~esent the
Administr~ator. The represientati\es who may be appo~intedl by the
Admininsttrator shall serve without expense to the Inldus~try,, an~d to-
gether with thle Administrnatr shall be givenl notice of and many
attend all meetings of the Code Authority.
SECTION 3. Pending the~ selec~tion of the Code'J Aulthori'ty, the Code
Committee shall act as a t~emporary' Codet Auth~ority for a period
not to exceed nlinety (90j) days froml the effective dlate of this Codle,
shall formulate and secure the appr~oval of a fair mnethodl of electing
thle Code Authority, and shall conduct such election.
SECTION 4l. Any trade association, directly or indirectly part~icipat-
;ing in the selection or activities of the Code Authority, shanll:
(a) Imipose no inequitable restriction on mlemnbersjhip and
(b) Submit to the Admninistrator' true copies of the A~rticles of
Association and By-Laws, reguilations;, and any amendmlentss wFhen
made thereto, together with such other information as to mnember-
ship, and organization activities ans the Admninistrautor may dleem
necessary to effectuate the purpose of the Act.
SECTION 5. In order that t~he Code Authority shall at all times
be truly representative of the Industry, and in other respects com-
ply w~ith the provisions of the Act, the Administrator may prescribe
suchI hear'ilgrs as hie miayr deemn proper; and thereafter, if he shall
find that the C'ode Authlority is not truly representative or does not
in other respects comply with the provisions of the Act, miay require
an appr)'opriate modlification in the method of the selection of the
Sol ~lfl~ECTION f>. Ea~ch member of thle Indust ry participating in andl
sharing~ thle benefits of the aictivities of the Code Authority and,/or
par~ticip~ating in th~e selection of th~e members thereof, shall pay its
reasonable share of thle expenses of its administration. Such rea-
sonable share of the expenses of administration shall be determined
by th~e C'ode Authority, subject to review~ by the Adminiiistrator, on
the basis of volume of business anid or such other factors as may
be dleemied equiitable.
SECTION T. Nothing COnitalnedl in this Codle sha~ll constitute the
members of the Code Authlority partners for any purpose; nor
shall any member of the C~ode Aulthority be liable inl any manner
to anyone for an act of any other member, officer, agent, or em-
ployee of the Code Authiority; nor shall a member of thle Code
Authority wh~o is exercisingi reasonable diligence in thle p~ursuance
of his durties hereulnder, be liable except for his wilfull misfeasance
B. POWERS AN~D DUTIES OF THE CODE AUTHORITY
TheCod Auhortyshall hiave thle following pow-ers and duties,
sujcililt t.o t~he right--J- -Tl o Atofi the Administrator, on review, to disapprove
any action taken by the Code Authorityv.
rSECTION 1. To adopt by-laws andi rules andi regulations for its
procedure andl for the administration of the Code, in secordance
w~ithi the powers herein gralnted, aind to submit the same to the:
Admiinistrantor for his review~ or disapprovall together w~ithi copies of
any amnendmients or addlitions w~hen made thiereto, minutes of meet-
ingsi, anid such other informantioni as to its activities as the Admnin-
istrator miay deem necessary to eff'ectuante the purposes of the Act.
SECTION e. TO coordinate the Htil~nlnstrtilOn Of thiS COtle thlrough-
out the Indlustry, and with such other r~elatedl Codles, if any, as miay
a llect the Induistry.
SCECTIN ;3. To present to the Administrntor, either on its owvn
initiative or at tihe request of an interested party, recomimendations
b~asedl on conditions in the industry as mayn develop from time to
timie, for mnodification of" or addlitionis to the provisions of this Code.
Whlen any! interested- party presents proposals for amendments to
the Code Authority, thep C'ode Authiority\ shall present such proposals
to the Administrator, togetheer with its recommendations for ap-
preval or dlisapproval. Upon approval by1 the Administrator and
after such notice and hearings as hie may pr1escribe, such amlendments
shall become integral parts of this Code.
SEcTION 4. Administrative Agencies of supplemental codes may
mlake such rules and r~egulations as may be necessary to administer
this Code in their respective Divisionis.
SECTION 5. The Ciode Authority~ miay appoint such committees or
agents as it may deem necessary and may delegate to them such of
its powers and duties as it may deem proper for the administration
of this Code; provided, however, that it shall reserve final r~esponsi-
bility as to any powers or duties so delegated. The Admninistrative
agencies hereby designated to administer t.he provisions of any sup
plemental codes of fair competition shall be the agencies prescribed
in such supplemental cod~es.
SECTION 6. Mlemb~ers of the Indus-try shall file with a neutral
a~gent. or agents, selected by the Codet Authority, at sulch time andi in.
such mannier as mnay he presscribed, statistics covering number of
employees, wage rates, employee ealrnings, hours of wo~rk, and such
ot h er c data a s mnay ber reqyu hired fo r h e admIli ni strIat ionI o f thi s Codile.
All individual r~epor~ts submiittedl shall be kept confidential and only
generally~ summiaries thereof may be published, providerld, however,
that. any individual reports may b~e publishiedl with the wittiienl con-
sent of anyone submn~itt.ing such repor~ts, or if necessary to legally
enforce the provisions of the Code.
SECTION T. Such investigation as shall be necessary pur~suanlt to
complaints of violation of provisions of thiis Code shall be pecrfolrmed
for the Code Aulthor~ity by~ a disinterest.edl agent or agents.
SECTION 8. If the Aidm'inistrator shall determine that any ~c~tion
of the Code Aut.hority or any agency thereof m~ay be unfair or ulnjust
or contrary to the public interest, the Adminlnstrator may require
that such action be suspended to afford an opportunity for investiga-
tion of the merits of suchn action and further consideration by such
Code Authority or agency pending final action which shall not be
effective unless tihe A~dministratorr approves or unless he shall fail
to disapprove after thirty (30) days' notice to him of intention to
proceed with suchl action in its original or mlodified~ formn.
S~ECTION 9. In addition to information required to be subm~itted to
the Codle Authority meimbers of the Indlustry shall fur~nish statistical
information that the Administrator mnay d~eemi necessary for the
p~urposes recited, in Section 3 (3) of t~lhe Act, to such F';ederal nan
S tate Ag~encies as the Admiinistrator mayl designate; no provision
of this Codde shiall relieve any member of t.he Indlustry of any exist-
ing obligation to furnish reports to Governmlent Agenexes.
SECTION 10. The Code Author~ity shall study the Industry withi a
view to formulating a plan for the payment of compensation to em-
ploy~ees for all idle time which such emlployees are requnir~ed to spend
at the place of employment. Within ninety (90) days after the
effective date of this; Code. the Code Authority shall submit its
recommendations withl respect to such study and plan to thie Admrin-
istrator, who may, after such notice and hearing as he may prescribe,
approve such recomnmendtlatlions and./or pla n which shall therIea after
become an integral part of this Ciode.
SECTION 11. The Code Aut.horit~y may be incorporatedl as a non-
ARTICLE VII COSTS AND PHOES~
SECTION 1. The Code Authorit~y shall formulate, within sixtyl (60)
days of the effect~ive date of this Code, a uniform method of cost
inclusion and application, which shall specify the items which shalI
be included in determining cost of production of each member of
the Industry. Upon the adoption by the Code Authority of such
method of cost inclusion and application and upon approval thereof
by the Administrator, complete advice concerning it shall be dis-
tributed by the Code Authority to every member o~f the Industry.
SEcTION 2. Within twenty (20) days after the approval of this
Code, each member of the Industry shall publishi to the trade and
file with the Code Authorityv a price list for all products of the In-
dustryS sold or offered for sale by him, together with the discounts, if
any, allowed therefrom, and terms of payment. Revised price lists
or revised discounts or terms and conditions of sale may be filed withi
the Code Authority and published to the trade from time to time
thereafter by any member of the Industry, provided, hiow~ever, th~at
suchl revision shall become effective immediately upon telegraphic
ackinowfledgment to be made byr the Code Authority the same day
such revision is received. No member of the Industr~y shall sell or
offer for sale any products of the Industry at pr~ices other than at
the prices noted inhis price list or on terms and conditions of sale
ot her than the terms and conditions of sale previously published to
the trade and filed by such member with the Code Authority in
accordance with the foregoingr provisions and in effect at the time
of such sale.
SECTON- 3. No member of the Industry shall sell the products of
the, Industry at such prices or upon such terms and conditions of sale
as willr result~ Ir in te pur-chaser'~s paying" for such products, less than
the cost thereof to tht-e seller, except to meet the competition of another
member of the I~ndustry, who is not selling in violation of this Code,
provided that notice of such price to meet competition shall be sent to
the Code Authority and provided that such competitive price may
be used only until such time as t~he Code Authorityr determines after
investigation, and notifies such member that sales below his allowrable
costs are no longer necessary to meet competition. After the uniform
method of cost inclusion and appliention specified in Section 1 of this
.Article shall have been approved by the Administ rator, thle cost below
-which a member of the In dustry shall not sell shall be determined
in accordance with this uniform method. Until such uniform method
of cost inclusion and application shall have been approved by the
Administrator the cost below which a member of the industry shall
not sell shall be determined by whatever cost accounting or book-
kee iing system is employed byf such member.
OECTION 4. No provisions of this Code relating to prices or terms
of selling shall apply to export trade or sales or shipments for ex-
port trade provided that thie containers of all products sold for export
shall be clearly labeled to indicate that such products are designed
for expor~t shipm'ent or trade.
ARTICLE VIII--TRADE PRACTIC'ES
SECTION 1. The following practices constitute unfair methods of
competition and are prohibited:
(a) To publish advertising (whether printed, radio, display, or
of any other nature) which is misleading or inaccurate in any mate-
rial particular or in any way misrepresents any commodity (includ-
ing its uise, trade mark, grade, qulaitty, quantity, origin, size, material
content or preparation) or credit terms, values, policies, services, or
the nature or form of the business; conducted, or differences in prices
on account of the transportation or selling costs.
(b) To knowingly withhold from, or insert in, any quotation or
invoice any statement that makes it inaccurate in any material
(c) .To brand or mark or pack any commlodity in any manner which
tends t.o deceive or mislead purchasers with respect to the brand
grade, quantity, origin, size, material content, or preparation of suc
(d) To publish advertising which intentionally refers inaccuirat-ely
in any material particular to any competitors or their commodities,
prices, values, credit terms, policies or services.
(e) To publish or` circularize unjustified or unwarranted threats
of legal proceedings which tend to or have t~he effect. of harassing
competitors or intimidating their customers, and failure to prosecute
dliligaently such threats of legal proceedings. shall be evidence of such
harassment or intimidation.
(f) To secretly offer or mlake anly payment or allowance of a, re-
bate, refund, commission, credit, uneanmed discount, or excess allowiP-
ance, whether in the form of money or otherwise, for the purposes of
influencing a sale, or to secretly extend to any) customer any special
se~rvic or rivilegeJP~ not. extended to all customecrs of the same class.
(g) To give, permit to be given, or directly offers to give anything
of value for the purpose of influencing or rewarding the action of anzy
employee, agent, or representative of another in relation to thte bulsl-
ness of the emnployer of such employee, the principal of such agent
or the represented party:, without t~he knowledge of such employer,
principal, or pa~rty. This provision shall not be construedl to prohiibit
free and general distribution of articles commonly used for adver~tis-
ing except so far as suchI articles are actually used for commiercial
bribery as herein above defined.
(h) To give free samples of shoe lasts or sole, patterns (wood, tin,
paper, or iron).
(i) To directly or indirectly discriminate in prices to differentlf
purchasers of any product provided that nothing herein shall pre-
vent differences in prices to allow for differences in grade, quality,
or quantity of the product..
SECTION. 2. NO member of t~he Shoe Last Industry shall sell shoe
lasts, shoe trees, shoe stretchers, tree feet, sole patterns, last tem-
plates, and remodeled lasts on more favorablle terms of credit than
five (5) per cent. 10th proximno, niet sixty (60) day!s.
AnvICLr IX- APPEALS
SECTION 1. Any interested party shall h-ave the r~ighlt of com-
plaint to the Code Aut~hority and prompt hearing and decisions
thereon under such procedure as it. shall prescribe in respect to any
rule, regul'ation, order, or finding made or course of action pursuredl
by the Code Authority.
SECTION 2. Any interested party shall have the right. of appeal to
the Administrator under such procedure as he shall prescr~ibe in re-
spect to any decision, rule, I~reulatioi, orders, or findilng mande or
course of action pursued by atny agency! pursuant to thins Code.
ARTICLE 1Y -TONOPOllE8
N~o provision of this Code shall be interpreted or applied in such a
manner as to promote or permit monopolies or monopolistic practices
or to chimmate, oppress, or discrimiinate against small enterprises.
ARTICLE XI JIODI FICABTIONSY
SECTION 1. This Codle andc all the provisions thereof are expressly
made subject; to the right. of the President, in accordance with the
provisions of subsection (b) of Sectioni 10 of the National' Ind~ustrial
Riecovery Act, fromt time to time to cance~l or modify any order, ap-
proval, license? rule, or regulation issued under Title I of the said
Act and specifically but without limitations to the right of the Pres-
ident to cancel or modify his approval of this Ciode or any conditions
impsedb~yhimi uponi his approval thereof.
OFCTION 2. Thlis Code, except as to provisions required by the
AIct, may be mnodifiedl on thle baLsis of experience or changes in cir-
cumstances, such modifications to be based upon application to the
Administrator and such notice and hearing as he shall specify, and
to become effective on approval of the Administrator.
SECTION 1. The proviscions of t~he Supplemental Code of Fair Com-
petition for the Shoe Formn Industry are hereby made a part of this
Cod; tisCod shll aplyto members of the Shoe Form Industry
as defined in Article II oftaSupmealCdtoheeen
that the provisions of this Code are not inconsistent with the pro-
visions of that. Supplemental Code.
ARTICLE XiIII-EECTIV'E DATE
TIhis Code shall become effective on t~he second 1\Ionday after it
shall have been approved by the Administrator.
Approved Code No. 403.
Registry No. 322-01.
SUPPLEMENTARY CODE OF FAIR, COMlPETITION FOR
THE SHOE FORMM INDUSTRY
A DI1?TSON OF TELE SHOI(E LA.CT INDUSTRY
The provisions prescribed in the Code of Fair Comupetition for the
Shntoes Lasth Idstr to which this Code is a supplement are made
conitins f tis supplemental Code and are specifically incorpo-
rated herein and made a pa~t, hereof andi shall be bindingf upon every
member of the Shoe Formi Industry as defined in Article II except
in so far as the provisions of this SuI~ppemnental Codle constitute ex-
empt~ions fromt or are consistent with t~he pronisions prescribed in
the said Code of Fair Compet.ition for the Shoe Last Industry.
SECTION' 1. The term Shoe-Forml Indrustry as used~ herejin is
defined to mean the manufacturer for sale of Shoe FIiorms and ]Hosiery
Forms made of Fibre, Celluloid, Wood? or any other maiterial.
ARTICLE III--ORGANIZATION, PowanRs, AND DTIES OF TH-E ADMINISI-
Article VI, A, Section I and 2 of the Code of Fair Competition fior
the Shoe Last. Indlustry shall not be applicable to the Shoe Form In-
dustry and Sections 1 andi 2 As hereinafter set forth shall be sub-
SECTION 1. An Administ~rative Agency hereinafter referred to as
the Agency is hereby constituted to cooperate with the Admiinis-
trator in t~he administration of this Supplemental Code.
SECTION 2. The Agency shall consist of one desiglnated repr~eselta-
tive of each member of the industry~ whoIC assents to this Code. In
addition thereto, the Admiinistr~ator, in his discretion, may appoint
onle to three nonl-voting members to this Agency to r~ep~resenlt the
Administrator. Thle representatives who may be appointed by the
Administrator shall be given notice of and mla~y attendl all meetings
of the Agency. Members appointed~ by thne Administra~tOr shall
serve for terms of fromt six months to one year, pr1oviedl, however,
that the terms of such members shall not, expire at the same time.
Wi~ithin ten days after the approval of this Code the member of the
Industry who has been authorized to approve? the Code for the
Industry shall call such representatives together at a specified time
and place for the purpose of organizing as the Admlinistr~ative
Agency of this Code. The Chairmian, or other designated represen-
tative of this Agency, shall be a member of the Codle Authorit of
the Shoe Last Industry and represent the Shoe Form Industr~y
B. POWERS AND DU~TIES OF THE ADMIINSISTRATI'E AGENCY
Thte Administ~rative Agency shall have the same powers and
duties with respect to the S~hoe Form Indulstryr to t~he extent per-
the Shoe Last Industry in Article VI1 B of the Code of Fair~ty Inut:?:". siPl;"B' He Sle CiU~Tb~ om-
petition for the Shoe Last Indlustry of which this Code is a
SECTION 1. The Shoe Formn Industry shall not be govecrned by
the provisions relative to open prices set forth in Article VII, Sec-
tion 2 of the Code of Fair Competition for the Shoe Last Industry
to which this Code is at supplement.
ARTICLE V--TRADE PRACTICES
S~ECTION 1. Article VIII, Section 1, subsection (h) of the Code
of Fasir Competition for the Shoe Last Industry shall not be appli-
cable to the Shoe Form Industry and the following shall be substi-
'To give free samples other than one-half pairs of shoe forms,
hosieryv forms or shoe trees for the purpose of illustrating definite
SECTION 2. Article VIII, section 2, of the Code of Fair Compe-
tition for the Shoe Last Industry, shall not be applicable to the
Shoe Form Industry and the following shall be substituted therefore:
No member of the Shoe Form Industry shall sell shoe forms on
more favoralble terms of credit than 2% 10th proximo, net 30 dalys
SECTION 3. No member shall fail to charge customers at cost on
thec3 original order for the first pair of each style, size and width
of Shoe Form Miodels or Mloulds used in the production of Shoe
FEorms. Suclrh charge shall be specifiedr in the invoice covering such
ARTICLE VI--EFFECTIVE DATE
This Code shall become effective on the second Mlonday after it
shall have been approved by the Administrator.
UNIVERSITY OF FLORIDA
3 1262 08855 7482