Code of fair competition for the pasted shoe stock industry as approved on May 3, 1934

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Material Information

Title:
Code of fair competition for the pasted shoe stock industry as approved on May 3, 1934
Portion of title:
Pasted shoe stock industry
Physical Description:
p. 567-577 : ; 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 )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 926-01."
General Note:
"Approved Code No. 413."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004950952
oclc - 656833082
System ID:
AA00007067:00001

Full Text

UN1V. OF FL LIB.
DOC~UteeFi? NT DCPT-

II


For sale by the Superlatendentl of D~ocumentsr Washington. D.C. Price 5 rents


Approved Code No. 413


Registry No. 926--01


NATIONAL RECOVERY ADMIINISTRATION




COP~E OF FAIR COMPETITION

FOR THE


PASTED SHOE STOCK


WE DO OUR PARY


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


IN DUST RY


AS APPROVED ON MIAY 3, 1934
























This publication is for sale by the Superintendent of Documents, Government
Printing Offtice, WIashington, D.O., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE D)E1PARTMVENT OF COMMERCE

Atlanta, Ga.: 504 Post Offce Building.
Birmingrham, Ala.: 257 F'ederal Buildline.
Boston, Mass. : 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commzerce Building.
Chicago, Ill.: Suite 1706, 201 Nor~th Wells Street.
Cleveland, Ohio: Chamber of Comamerce.
Dallas, Tex.: Cham~ber of Commerce Buiblin:;.
Detroit, M~ich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los A~nrelesi. Calif.: 1163 South Broadway.
L~ouisville, Kiy.: 408 F'ederal B~uilding.
Memphis, Tenn.: 229 F~ederal B3uilding.
Minneapolis, Minn.: 213 F~ederal Building.
New Orleans, La.: Roomz 225-A4, Custombouse.
New York, N.Y.: 7324 Custombouse.
Norfolk, Va.: 406 East Plume Street.
Phi~~~iadlphin. Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chlamber of Commerce Buildling.
Portland, Oreg.: 215 New Post Office Buildinlg.
St. Louis, IMo.: 506 Olive Street.
Sanl Francisco, Calif.: 310 Custombouse.
Seattle, Wash.: 809 Federal Office Buildin~g.












Approved Code No. 413


CODE OFi FAIRR COMPETITION
FOR THE

PALSTEDI SHOIE STIOCKI INDUSTRY

A1s A~pprovred on May 3, 1934~


ORDER

APrrTIn.rx CODE OF FAIR COMJPETITION FOR THE: P.\STED SHIOE STOCIE
I[oVUSTaR
An a pplication having ~been July made pursuanr t to and in full
comnplianc~e with the provisions of Title I: of the National Indus~trial
Recovecry- Act, alpproved June 16, 193:3 for approval of a Codle of
Fair Competition for the Pasted Shoe. Stock Industry, andi hearings
having been duly held thereton and the aninexedl report on saidl
Code~, containing findingsi with r~especct thereto, having been mande
and directed to the President:
NjOWf, T'HEREF;ORE, on behalf of the Pres~ident of the UnTlitedl
States, I, Huah. S. Johnlson, Administrator for Industrial Recovery,
pursuant to author~it.y rested in meictuve byde Executive Ordecrs- of thle
President, includingr ExctveOdr o543-A, dated Decemlber
30), 19:33, and otherwrise; do hereby incorporate by reference said
annexed report andl do find that said Code comrplies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of saidZ Title of said Act; and do hereby order that said Code
oif ~Fair Competition be and it is hereby approved, provided fur-
ther, that within ninety days I[ may direct that there be a further
hearing on such of the provisions of said Code as I may designate,
and that any order which I may make after such hearing shall have
the effect of a condition on the~ approval of said Code.
HUa]n S. JoHSSON,
Adndnistrator fo~r Indusfitria Recov~ery.
Approval recommended :
GEO. i;. BERRY,
D~ivizsional Admin~istrator.
Wnr lso;roN, D).C.,
Mlay 3, 19334.


56689" 544-15 34


(5(W7)













REPOIRTI TO TH-IE PRESIDENT


The PRESIDENT,
The Whi:te Hi~ouse.
SIR : This is a report on t~he approved Code of Fair Competition
for the Pasted Shoe Stock Industry, the hearing on which was con-
ducted in Wjashington on March 12, 1934, in accordance with, the
provisions of the National I~ndustrial1 Recoveryr Act.
The maIInu1ini hours provided in this Code are eight (8) hocur~s
per day and thirtiy-six: (36) hours per week, with a tolerance of
four (4) hours per ~week during any eight ( 8) weeks of a six (6)
months' period, an exception beings made for emergency main~te-
nance and repair wTork for which the daily and weekly limits mnay be
exceeded, by payment of time and one-third fo~r all overtime.
The minimum wages provided in this code are as follows: In
any city over 250,000 popurla:tion, thirty-seven and one half cents
(371 i)r per hour for males and thirty-two and one-half cents
(3521/24) per hour for females; in anly city between 20,000 and 250,000
population, thirty--sixr and one-quarter cents (361/4V) per hour for
males and thirty-one and one-quarter (31%4&) per hour for females;
in cities or towns o~f less than 20,000 population, thirty-five cents
(354) per hour for males and thirty cents (300) per hour for

No person under sixteen (1) years o~f age shall be3 employed or
engaged in this industry. Home wFork in this industry shall be
abolished on August 1, 1934.
TIIhe operation of making pastedl shoe stockr consists of spreading
a soft paste on the unit being made anrd then laying a, thin sheet of
scrap leather on this unit. This is repeated until the unit reaches
the desired thickness. Pasted shoe stock is used largelly for inner
soles in cheap shoes and is a substitute~ for solid leather. The wFork
is light, and the process itself is done entirely by women. The con-
tract, of employment is very casual. Many pasters are married
women and it is common practice for them to cease working of their
own accord and then return to work in a few weeks or months, the
employers not hesitating to reemploy them. Pasters are not re-
qluired to produce a minimum number of units a day. They work
leisurely or not, depending on their ambition to increase their pay,
the rate being almost entirely on a piece work basis.
Pending the approval of their own code, pasted shoe stock ilnanu-
facturers have been. operating under the wage and hour schedule
of the Boot anld Shoe Code. TChis yields to thle emnployree a much
higher average pe~r week than that received during the period from
1924 to 1929.
Practically the entire volume of the products of this indulstry
are sold to the shoe manufacturing industry.
(568)






5j69


Thec Actingr Depuiity Admlni nistrIator in hlis fi na1 zl repot to meic o-n sa id
Codc hav~ing~ fo~undl as here~in se~t fo~rth anld on! the~ bas~is of all in-a--
ceedlings in thisu matter:

(a&) Paid Cole is well de signedllC~ to pnc~lroote thel poiliici's and11 pu1r-
po es oj f TIitle I. of thes Naztional Industrflial ReClovery' ALct, inc-lrluing
J.remlval or` obStrulctionlS to the free~c flo~w of intrls~tate and forecign
comme~ll.re Whlich~ tendl to dlim~inishi the amocuntt thereot~lf and w\ill ~r~o-
vid~e for the genra wefr y ritn the orga~nizationi of ind(us-
try~ for the purposes~~ of ccoopera;ti\ e action amnong the tradle group1'~
byr ind~ucingr and masintuiningr unlited1 action of labor and mnaginent'l l~l
ulnderl ndequa~te govermnenlcltal sanlctionls and~ superviii ion, by celllmnut-
ingl unfair compiletitivc p~ractices, by promo"tingr the fullest possible
utiizat~ion of the prlesenlt prodluctive clpacit~y of indlustlrie, by avoidl-
igundue restriction of production (xceprlt is may be temporarl'3Iiliy
I'reqirdc`), bhy increasingly~ the consumptionr of industrial aIndl agri-
cultur~all products thlroughl inicreasing pur llchasingr power~l, by red~uc~ine~
and~._~,.. reivigunmlom, by improv,\ing standrlflds of labo~cr, anli
byv otherwise rehlabilitatingr Industry.
~(b) Said Industry nomlyepoy o oethn5.0 m
ployeers; and is not classified by me as a major ind~ustry.'
(c) T~he Codl e as apprI; !oved complie~s in respects with thze per-
tinecnt provisions of said T~itle of said A1ct, inlC'Iluinc writhlout limli-
tation Sutbsectioln (a) of Section 3, Subsection (at) o Sec~tion 7, andl
Su~bs~ct lon (b) of Section 10 thereof ; and that the applicant, asso-
ciation is an inldustr~ial association truly represientative of the afore-
said Indulstry; and that said association imposes no inequ~itable
recst~ic~tions On admlliSSion to memciber~ship therein.
(d) The Code is not designedl to andl will not permit monopolies
or monopolistic practices.
sia(e) T'he Corde Is not dlesigrned to aznd will not eliminate or op:press
salenterprises and wll operate to dliscr~iminate against them
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Codec.
F~or these reasons this Code has been approved.
Respect fully,
EIvan S. JOn xs7N,
Ad m~ in istr~ator.
Ma Y 3, 19)341.












CODE OF` FAcIR COMPETITION FOR THE PASTED SHIOE
STOCK INDUSTRY

ARTICLE I--FURPOSES

To effect the policies of Title I of the National Industrial
Recovery Act, this Code is established as a Code of Fiair Compet~ition
for the Pastedl Shoe Stock Industry, and its provisions shall be th~e
st,?rcandard of fair competition for such. industry and shall be binding
upon every member thereof.
~ARTICLE. II---DEFINITIONS

SEI3' INo 1. The term Industry as used herein is defined to
mean~l the masnufacture for sale of pasted shoe stocks of leather, ~fibre
boardl andi paper, but excludes the manufacture of the products of
this ind u st r y by shoe manufacturers exclusively for their own u-e.
SECTIONI 2. The term Employee "' as used herein includes any
person engaged in any phase of the industry in any capacity in the
nature of emnploryee irrespe,!c~tive of the mnetho~d of payment of his
compenlsatfion,l including members of the industry engagedc~ in pro-
dlc~tivec labor.
SECTION 3. The term Member of the Industry as used~. herein
includes, but w~ith~out limitatbion, any individual, pazrtnershipl asso-
cid~ion, corporation or other form of enterprise engaged In the
industry, eithertl as an employer o~r on his ownl b~ehalf.
SECTION 4. 1110 teCn HER~ocition')O RS used herein shall mnean the
National Pasted Shoe Stckcr A~ssociation.
SECTION 5. The termsn; Pr~e-ident~, "Act"), and "LAdministrator"
as used herein shall mean resp1-ectively the President of the United
States, Title I of the National Indlustrial Recovery ALct, and the
Administrator for Industrial Riecovery.

ARTICLE III-II0URS AND RATES OF PAY
SECTION 1. Except as hnereinafter provided no employee, including
o~ffi~ce workers, shall be permitted to work more than 8 hours in anry
one day or 36 hours in any o~ne week; provided, however, that during
any 8 wteeks of a 6 months' period (the first period to begin on the
effective date of this code), employees may be per~mittedl to work
not more~ than 40 hours per week.
(a) The foregoing maximum hours of labor shall not apprly to
employees in a managerial or executive capacity who receive more
than $35.00 per wFPeek, nor to outside salesmen.
(b) Said maximmum hours of labor shall not apply to employees
engaged in emergency maintenance or repair work, but in any suchn
case at least one and one-third the normal rate of compensation shall
(570)






5i71


be paidl for all Lttim w~or~ked in ececcss of 8 h~ours inl any ole dlay
alnd,. or 40 ho~ur~s inl any1 onIe weeCk.
(C) No emnployeec shall be permnitted to wnrkI1 more' thanL1 6 Cdays in
any ia day per~iodl.
(dl) Femall~le clployee s sha~ll bLei pcrmittedl to wvPork only~ between.
the hlour~s of 7 A~.M. andi 7 P.1\l.
(c) No emlnPye~r shall permit ainy emplloyee to w~ork; for any timel
wFshich. wheln to~taled withl th~at alreadlty periformedic c for nhrem
player~1 or emprlloyers" xcesccl thre maimum1;111 penullittedherin
WAGES

Sun.Tos 2. N~o male empllloyee shall be p~aid less than 374~ I, pr
htour or femlllle employee less than 391 0! per hour in, an~y city over
250,000 population; nor male emplloyee less: th~an 361'st per hour or
female employreet less than 31!$4 per hour in any city btMetwen 20,000
and ";50,000 population, :inclus~ive; nor male employee less than ;35
per hour or femal~le emplloyee less thanr 30(! per ho(ur in c~itie~s or tow\\ns
of less than 20~,000 pocpulation.
Seenowx 3. Femanle employees performuing sustantlly\l the saliie
work( as male emzployee~s shall receive the samne rante of Ipay as miale
emlployee~ts; andC where they dlisplace men, they shanll reeve the sameu
ra~te of earnings as the mein they dlisplace. Thie Code Auth~ority
shall within 90 daygs after the effective date of this Code file w~ithl
thle Ad~ministrator a dfescr~iption of those o~ccup~ationls in thre in-
dustry in. which men and~ w~omle'n bothl are emnployed.
S~ECTION 4. Emp~loytes shall nrot hav\e their hourly rates redced;c~c
and eqluitab.le adjustments in all pay sc~hedjulez s of emnployees shall
be made not. later thlan 60 day~s after approval of this Code b~y any
emiployers in the industry wrho have not heretofore. made such
adj ustment s undier the ]President's Reecmployment Agreemellnt
SEcnON 5. This article establishes a mninimrum rate of pay3 which]
shall apply, irrespective of whp~ether an emplloyee is actually comn-
pensatedl on at timne rate, piece work, or other basis, suchl piece w\orke
or other basis rate of compecnsation abov-e the minimnumn however
is to be d~eterminedl by the averrage capacity~ of regular workers.~
SECTION 6j. All1 wages shall be paid w~eekly~ in lawful currenclry
or by negotiable check; p~ayable onl dlemnnd. Thes~e wages shllnl be
exemlpt froml any dedluctioins other than. those expressly- nulthlor~ized
by the emplloy-ee.
SECTION 7. AL pe~rSOn whose earning cnpac~it~y is limlitedl bec~ause
of ag~e or physical or mlentalT hatndicap or other inenpneity mtay be
employdc oIn ~lgt or uniskilledl work, at a wage below the mlinimumnl
es~tablished byr this Code, if the emp~~loyer ob~tains fromll thle State
Aurthlority le'sifrnated by the United States Dcpaltlrntmet of Labocr
a certificate nuthlorizing -his employment at such wr\ages andi for slc~h
hours as shall be stated in thle certificate, provided~t, howeve\rl, that:
thie number of such employees shall not be rn recess of five percent
of the total number of emp~loyees in any establishment, but anly
establishment mayu have ait least one sui~1ch eployee.. Eachl emplloyecr
shall file withn the Code Authority a list of all sulch pers~ons emiplo~yed
by him.i






572


AuRICL;E IV--GENERAIL LABOR PROVIS8IONS

SECTION 1. No person under 16 y~ears of age shall be employed
in the industry. ~No person under 18 years of age shall be employed
mn occupantions or operations hazardous in nature or dangerous to
health. The Code Authority shall submit to the Administrator for
approval within 30 days after the effective date of this Code, a list
of suchn operations or occupations. In. anyT state~ an. employer sh~all
be deemedrc to have complied with this provision, as to age if he shall
have on file a certificate or permit duly issued byT the authority
in such state, empowered to issue employment or age certificates
or p~ermnits showing that the employee is of the required age.
SECTION 2. (a) Employees shall have the right to organize and
bargain collectively through representatives of their ownl chnoosing,r
and shall be free from the interference, restraint, or coercion of
employers of labor or their agents, in the dlesignation of such
representatives or in self-organization or'in other concerted activi-
ties for the purpose of collective bargaining or other mutual aid or
protection.
(b) No employee and no one seeking employment shall be required
as a condition of employment to join _any company union or to
re ramn rom jommilg, orgamizmg, or assistmng a a or organization
of his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed b~y the Presidentl.
ReC.Tw(, 3. No provision in this Code shall supersede any state or
fleleral law which imposes on employers more stringeent requirements
as to age of employees, wages, hours of work, or as to safety, health,
sanitary or generatl~l working conditions, or insurance, or fire pro-
tection, than are imposed by this Code.
SECTION 4. NI\o employer shall reclassify employees or duties of oc-
cupations performledl or engage in any other subterfuge for the
purpse:'': of detfea~t ing the purposes or provisions of the Act, or of this
Code.
SECTION 5. Every employer shall makre reasonable provisions for
the safety and h~ealth of his employees at the place and during the
house of their employment. No -work shall be done or permitted in.
tenement, private houses, basements, or in anly unsanitary buildings
or buildings unsafe on account of fire risks. Within 60 day s after
the effective dalte of this Code, the Code Authority shall s"u~bmi~t to
thne _Administrator for his approval, proposed minimum standards of
safety and health for employees.
SECTIox 6. No home work shall be permitted after AQugust 1, 1934.
SECTION 7. No employee shall be dismissed by reason of making a
complaint or giving evidence with respect to a~n alleged violation of
this Code.
SECTION 8. All employers shall post complete copies of this Code
in conspicuous places accessible to em~ployees.





5'73


ARTICLE V-One(.\XITIz,vrLo orY nIIS Cone11 Armourry1IT

SECTION 1. A CIode AuthorIity forl the P;1ted~ Shc Stoc~k Indrcustry,
hereirnafter referredl to as the 'codle Authrc~lity, is hcerlby constitution
to cooperate writhl the Administralt or in the,:tl l a inlist ~ration of thlis
Code.
SECTION 2L. The C'odc Anlhority shall cocnsist of the! Boardr~ of Di-
r~ectors of the N\ational Palstedl Shle S~toclk Assoarintfionl and ntl (, ncn1(11-
ber represeltntin members of the indlustry whol are not memberlr.-~ of
the alussociation. Ixrn dditionl theretCo the Admiistato ma pp~oint
one to three non-voting members to thec Cod~e Aulthorlity wFhO shall
serve wijthlout expen1Se to thle industry. Thec election of th~e member~t.L
representing the non-memiber~s of the assonintion shall be conduli~tict
by a fa ir methodd subject to the approvnl of thie Admrii nIist ra tor.
SECTIO~N 3. Any trade as~sociation,l directlyT or indire~ctly partic~ipat~-
ing in the selection or activities of the~ C'ode Au~thorityt shatll:
(1) Impr-ose no i nequ it able restrIict ions on membershipl anld
(2) Subm it. to thez Admlninistratorl truec copies of its articles~ of asso-
clation and by-laws, regulations. and any amendmlrent s wh-ien mnds~l
thtereto, together withi such other information as to membe~lcrshlip, and
organization activitiesj as the Administrator may deemi nc~cessarly to
effectuate the Ipurpose of the Act.
SECEION 4. I ordc~e. that the Code Aucthority shall at all tim-es
be truly representative of the industry and in, other resplects comply
with the provision of t~he Code th~e Administrat~or may15 requlir'e :1n
appropriate modification in the composition and method of selezctionl
of the Code Auth~ority if after such nioti~e andl hearing as he may
prescribe he shatll find thzat the Code Authority is not truly re~presel-
tative or does not in other rerspects comply withl the p~rovi ionis of the
Code.
SECTION 5. Members of the industry shall be entitled to participated
in and share thle benefits of the ;activit~iers of the Code Aultho~rity, and
to participate in th selection of the members thereof by becoming
a member of the association andl/or a~ssnting to and comiplyii n- ith
the requirements of this Code andt sustainingr their reasonable share
of the expenses of its Administ rat ion. Such reasonable share of the
expenses of the administration shall be dletermined~ by the Codeo
Authority on t~he basis of one-half of one percent of the gross sales
of pasted shoe: stockr rulndet by echc memnb~r of the indlustrv for thes
previous month, payable on or before 10t~h of the followringr mlonth,
provided that no such amount shall be less than. $5.00 per month;
and during the operation of thiis Codeto makeic such inlcreases or
reductions of this percentage as may be found necessary, subject to
the approval of the Admiinistr~ator.
SECTION 6. Nothingc continued inr this Code sh~all constitute the
members of the Code Authority partners for anly purpose; nor shall
any member of th Code Authority be liable in any manner to any-
one for an act of any other member, officer, agent, or employee of thle
Code Authority; nor shall a member of the Code Authority who is
exercising r~easonable diligence in the conduct of his duties heret-
under, be liable to anyone for any action or omission to act under
this C~ode, except for his wilful misfeasance or nonfeasance.






574


~I:TICLIE VI--POWVERS AND DUTIES OF THE CODE: ATrnonrrr

The Code Aluthority shall have the followPPing powers and duties
and such other powers and duties as may be necessaryT for the proper
administration of this code, the exercise of which shall be reported
to the Administrator; and if the Administrator shall determine that
any action of the Code Authority or any agency thereof may be un-
fairor njus orcontaryto the public in-terest, the Administrator
mnay require that such acin b upne oafoda potnt
for investigation of the merits of such action and further considera-
tion by such Code Authority or agency pernding final action which
shall not be effective unless the Administrator approves or unless he
shall fail to disapprove after 30 days notice to him of intention to
proceed with suchl action in its original or modified form.
SCECTrION 1. To coordinate the administration of this Code through-
out the inlchel,try3, with such related codes, if any, as may affect the
industry or rnembrllsl- thereof.
SECTION 2. To present to the Administrator, either on its own
initiative or at the request of inltt1eretedc parties, recommendations
based. on conditions in the industry as may develop from time to
time, for modification of or amnendments to this Code. When any
interestedc-1. party submlnits proposals for amendments to the Code Au-
th-ority, the Code Authority shall present such proposals to the
Administrator, together w~ith its recommendations for approval or
disapproval. Upon approval by the Administrator after such, hear-
ings as he may pr'escribe, such amendments shall become integral
parts of this Code.
SECTION 3. The Code A~uthority may appoint such committees or
agenlts 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 final responsibility as to any
powers or duties so delegarted~c shall remain with the Code Authority.
SECTION 4. To appoint a trade practice committee which shall
meet with the trade practice committees appointed by the Code
Authorities of other codes which may be related to the industry for
thle purpose of formulating fair trade practices to govern the rela-
tionships between such~ industries to the end that such fair trade
patic~~es may b~e pr)o~p)eosed to th Administrator as amendments to
SECTION 5. Memblllers of the industry shall file with a confidential
agent or agents selected by the Code Authority, at such. time and
in such manner as may be prescribed by it, statistics covering number
of employees, wag11,e rates, emntvploe earIningrs, hours of work and
such other data as may be necessary for the proper administration
of the C~ode, and required either by the Code Authority or by the
Administrator. A"ll individual reports submitted shall be kept con-
fidential and only generacl~l summaries thereof shall be published, pro-
vided, however\;I, that any individual reports may- be published with
the wCritten~P consent~ of annyne submitti;ng such reports, or if nleces-
sary to enforce thne provisions of this C~ode. Failure on the! part-
of any manufacturers in the industry p~omlptly to supply such in-
formation as required under this article shall be deemed a violation
of this Code.





SECTION~ 6. I-n addition to informaitioni requjiredc to be submnitted
to thre C'ode Authiority3, mlember~ls of the indlryllll\ chll:1 furniishi such
statistical informantion as the A~thninistt .rator~ may tleeml neces a ry
for the purposes rec~itedl in Sectlion 3 (a) of the Act,1 to1 such. Federal
and State aIgencies as the A\lanini~c t'rator; maty delsignateC. Nothing
herein containedl shaull relievec aniy uscmber~l of thc indlustry~ of anly
exsistingr obligationr to fu~rniishi reporl''t. to G:o\.IIrnIment ageCIeCIS..
SECTION 7. Such inv-estien;t ants. as 1hall be1 nccs.-a-y3 purlsuantll to
complaintss of violartionls of ther provisiumsl~ of this '!tcd shalnl be per-
for~med for thle Codlc Au~thloriiy ty a disinlc.tereste agentl or1 agents
selected by it.
SECTIO, N 8. Thle Code Authlority maly in(orporatelf as~ a non-profit

SECTION 9.18 IOrclcr tO RSSISt in mlalintg (rfec~tlV6E Lhf 16 ferltS :f'ronl
thle industry and in eliminaltingi unfair co~mpetition,, the Corde Au-
th~ority shall, within ole omothr after. the effective dlate of thlis Codec,
appoint a committee so constituited as to grive due Cclnsumenr,, Induls-
try and G~ov-ernmental repr~esentationl to mIiake a study! w\ith a viewv
to the establishment of c~lassified inti s and standardsl of quality~ of
prrdurcts of the industry, whlerever such standards areJ deemdcc fe~a-
sible and propose such standards as amendments to this Codle.
SlECToIN 10. Wh'~en the Code ALuthfority determine ine that an enter~-
gency~ exists in this industry because of dlestr'uctive price cutting
which is suchl as to render ineffective, or serious ly~ errndanger the
maintenance of the provrisiolns of this Code. it maly caulse? to be deter-
mined the lowest reasonable cost of the products of this industry,
such dlete~rmination to be subject to such. notice and hearing as the
.Admninistrator mnay require. The Admluinisf;trator may approve, dis-
approve or modlify the determination. WVhen it alppears thalt condli-
tions have changed, the~ Code AulthorityS, up~on its own initiativet or
upon thle request of any interested party, shall cause thre detterllnina-
tion to be revriewted.

ARTICLE fII-TRADE REGULATIIONS

SEenowN 1. Miscbranding a-nrd Mistradr~iing Adee/ rtisinU.-No mem-
ber of the indlustryc shall pubhlish adve~rtis-ing whetherr printed. radio,
dlisplay or of any other nature, which is mlisleadling or~ inaccur~ate
in any material particular, nor shall anyv member in any wayp miis-
represent any goods (inc~luding but writhout limnitltioln its use, tr~ade-
manrk, grade, quality, quiantity, origin, size, substanicer, chariacte r,,
nature, finish, miaterial content or prepar>HlationI) or1 credit terms,
values, policies, services, or the nature or forml of the business
condu Ict ed.
SECTION 2. 17n tal ol onf ITr~tc-ta efr '.v.T~~ .-1 I i tl t i on, simunlal t ion,
or use of trade-marks, slogans or other miarksc of identification hav-
ing the tendency and capacity to misleadl or deceive purchasers in,
unfair competition and in violation of thiis Code.
SEC'TON 3. SeClling~ Belroar Reasonalcl c C~o. any emlergency and after thle lowrest reaso~nable the industry have been apprloved ini accordatl~ncce w\ith the provisions
of Article VI, it ~shal be anm unfair tradt e prlc~tice for any~ member
of the industry to sell or offer to sell anly prodne~ts of thle indlustry






576


for which the lowest reasonable cost has been determined, at such
prices or upon such terms or conditions of sale that the buyer will
pay less therefore than the lowest reasonable cost of such products.
SECTION 4. 3/txmzclZn FTIZZ8d Te?70 for Dom~nestic Puzrpo0ses.--No
member of the industry shall give a cash discount in excess of 270/,
said discount to be allowed for payment of bills before 15th of month
following date of invoice. Such terms shall not be subverc~t~ed or
eva~ldd directly or indirectly through allowances, trade discounts, or
secret reba:,tes of. anly kind.
SECTION 5. Secret Hebates.--No member of the industry shall
secretly off err or make anyr payment or allowannce of a rebate, refund,
commission, credit, or offer to make or make any unearned discount,
or excess allowance, whether in the form of money or otherwise, nor
shall a member of the industry offer or extendl to any customer anly
special service or privrilegfe not extended to all customers of the same
class for the purpose of influencing a sale.
(a) The paying of more than the market price for raw materials
to a1 user~ of pastedl shoe stock: is a violation of this provision and is
prohibited.
(b) A~n allowance for freight and/or cartage of an amount exrceed-
ing th~e actual freight and cartage is a violation of this provision and
is prohibited.
SECTION 6. False Billing.--No mnemlber of thre industry shall with-
hold from or insert in any quotation or invoice anyS statement that
makles it inaccurate in any material particular, including post dunting.
SECTION 7. Inaccurate 8/878Hce8 to C'ompetitors, Etc.-NRo man1~-
ber of the industry shall publish advertising whetherr printed, radio,
display~ or of any other nature) which refers inaccurately in any
material pa e~ticular to any competitors or their goods, prices, values,
credit terms, policies or services.
SECTION 8. Interference soith Anoth~er's Contractsr.--No member
of the industry sh~all maliciously attempt to induce the breach. of an
existingb ~contracl(t between a competitor and his customer or source
of supply, nor shall any such member maliciously interfere? with or
obstruct the performance of such. contractual duties or services.
SECTION 9. A member of the industry may enter into contracts for
future delivery for a stated quantity of pasted shoe stock, for a cus-
tomer's requirements, to be shipped within a 60-day period, at the
price for each size and style as shown in the contract, pr~ovided~, how,-
ever, that
The making of contracts, the terms of which require deliveries
beyond 60 days from their dates is an unfair practice and a violation
of this Code.
ARTICLE VIII-MONilOPOLIES

SECTION 1. NO provision of this code shall be construed or applied
so as to permit monopolies or monopolistic practices, or to eliminate.
oppress, or discriminate against small enterprises.
ALRTI[CLE IX-MooInc(..?inow?

This Code, and all the provi-.ilnn thereof, are exres, lyc~S made sub-
ject to the right of the ]Pre-id~ent, in accordance with the provisions
of subsection (b) of Section 10 of the Natiolnal Industrial Recovery






5i77


Act, from time to time to canlcel or Inclify anyi? olrder apral
license, rulle or regulaltionl issedl~ underI'1 Title! I of h:ai~d At
specifically, but wvithoutl limlitaltionl, toC the r~ighlt of thec 1Pl'~residet to
cancel or miodifyr his approva\':l o~f thiis (1u~le or any cocriulitionsi imi-
posedI by him, upon his apprlval\1 there'~of. Tlhi Colls ecepictt as to
provrisions reqlullred by the Alct, mal~y he, mlodil'le on thel bas~iS of
experincel~c or chalnges in circumstant;~lces~. suchl modtifications~ to beu
based upon applieintio i by thc Cod~e Authoril~ty or other inite~rsc~ted
pa rties to the- I Administ ra tor a nd( such notice amlI hea,1ring as he( mazy
presc~ribne andi to be~comle effective afterl his approva\l.
A nna1(..E X--Pruce houTSC.IE\~s

Wherea~s thle policy of thle Ac~t to inc~rease real pullnilr hasing powr
will be madec moruie dif~ult of cacn ununnl~l tion-l if pi''Ces of odan
services increased as rapidly as wnges, it is :recognizedl' that pr~icre
increases.. except isuch as may be requiired~ to mee'(t individual cost,
should be de~layed, but w-hen made such incracsels should, so f:1r as
possible, bet limlited'C to ac~tud:~ additionnil ilcnceses~ in the seller's co--ts.
ArnncLE XI DATE E~FFFECTIV. E

This Codle shlall become effective on thle 10th dlay after it ,shllll
have been approved by the Admninistrator.
Appnvlcl-l Code Nol. 413.
Registry N'o. 92&-01,




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