Registry No. 621—01 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE SHOE AND LEATHER FINISHES AND CEMENTS INDUSTRY AS SUBMITTED ON AUGUST 29, 1933 UNIVTOF FL U8 DO OUR PART ADO y^DEPOWTOnY The Code for the Shoe and Leather Finishes and Cements Industry in its present form merely reflects the proposal of the above-mentioned industry, and none of the provisions contained therein are to be regarded as having received the approval of the National Recovery Administration as applying to this industry UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1933 For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents Submitted by ASSOCIATION OF MANUFACTURERS OF SHOE AND LEATHER FINISHES AND CEMENTS TENTATIVE OUTLINE OF CODE OF FAIR COMPETITION OF THE ASSOCIATION OF MANUFACTURERS OF SHOE AND LEATHER FINISHES AND CEMENTS Article 1 — Purpose 1. To effectuate the policy of Title 1 of the National Recovery- Act, and in accordance with the expressed wish of the President of the United States, this code is set up for the purpose of assuring fair and reasonable compensation and working conditions for employees; of assuring fair and reasonable compensation to distributors; of assuring fair and reasonable value to consumers; of assuring a fair and reasonable profit for the manufacturers; and of assuring fair and economically sound practices in the shoe and leather finish and cement industry. Article 2 — Definitions 1. The term "Shoe and Leather Finishes and Cements Industry" shall be defined to mean: Persons, partnerships, associations, cor- porations, trustees, receivers, or other fiduciaries engaged in the manufacture of Blackings, Dressings, Cements, Waxes, Cleanser, Polishes, Inks, and Specialties for use in shoe factories, wood-heel factories, and allied businesses, Finishes, Binders, Top Coats, and Specialties for use by tanneries, welting manufacturers, and fabri- cators of leather. Article 3 — Application 1. This code and any subsequent revision of or addition to the code shall be binding any person, partnership, association, or corpora- tion in the shoe and leather finish and cement industry. Article 4 — Prescribed Code A. Labor. — 1. Employees in the shoe and leather finish and cement industry shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organiza- tions or in other "concerted activities for the purpose of collective bargaining or other mutual aid or protection. 2. No employee in the shoe and leather finish and cement industry, and no one seeking employment therein, shall be required as condition of employment to join any company union or to refrain from joining a labor organization of his own choosing. 3. Employers of labor in the shoe and leather finish and cement industry agree to comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment approved or pre- scribed bv the President of the United States. The above language in Paragraphs 1, 2, 3, is mandatory under Section 7 of the National Industrial Recovery Act. 8932—33 (1) 4. The following provisions as to maximum hours and minimum wages shall apply to the Industry, subject to the approval of the President: a. No factory employee other than outside salesmen, engineers, firemen, shippers, repair crews, watchmen, cleaners, and those engaged in emergency maintenance and repair work shall work over forty (40) hours in any week, except employees in a managerial or executive capacity, who now receive more than $35 per week or to very special cases where restrictions of hours of highly skilled workers on con- tinuous processes would unavoidably reduce production. Provided that in case of emergency it is permissible to work 44 hours per week provided that the aggregate hours for any 4 weeks shall not exceed 160 hours. b. No person shall be employed under 16 years of age, except that persons between 14 and 16 may be employed (but not in manufac- turing or mechanical pursuits) for not to exceed 3 hours per day and those hours between 7 a.m. and 7 p.m. in such work as will not interfere with hours of day school. c. The minimum wage for all women shall be at the rate of $13 per 40-hour week. The minimum wage for all boys under the age of 21 years shall be at the rate of $14 per 40-hour week. Male employees 21 years or older at the rate of $18 per 40-hour week. d. The foregoing minimum wage rates are not a discrimination by reason of sex, but because of difference in the work in the industry. When women do the same kind and amount of work, they shall receive the same rates of wages. B. Costs. — 1. It shall be an unfair method of competition for any producer to sell below cost. In view of the difficulty of determining what is each manufacturer's actual cost, the Executive Committee has been authorized to determine an average figure of a substantial and representative number of this industry, this to comprise, as far as possible, the average cost of the individual products manufactured. The Executive Committee is also authorized to recommend a reason- able margin of profit. C. Marketing. — 1. The Executive Committee or control com- mittee shall establish a marketing code to cover the following subjects: a. Classification of purchasers into manufacturers, jobbers, and retailers, and recognition of standard and economically justifiable price differentials among them. D. Trade Ethics. — 1. The association condemns as unethical, and therefore prohibits, the following practices: a. Special discounts other than 2 percent 30 days or 10th prox. and net thereafter. b. To give or permit to be given to agents or employees or repre- sentatives of customers or prospective customers, or of competitors or of persons purchasing from or contracting with customers of com- petitors, money or anything of value to induce them to influence their employers, principals, or sellers to enter into or to refrain from the purchase from or contract with a competitor or a member of the industry offering or authorizing the gift, bribe, or bonus. c. Misrepresentation. d. Rebates. e. False invoicing. f. Piracy of design. g. Dumping. h. Free goods. i. Interference with contracts, j. Slack rilled containers, k. Enticement of employees. 1. Use of Competitors' containers. m. Wilful or malicious defamation of competitors or the disparage- ment of competitors' products. 2. When formal complaint is made to the Association that the provisions of this code have been violated by any employer or group of employers, the Executive Committee or other committee appointed by the Executive Committee shall investigate the complaint as fully as may be necessary to determine whether the complaint is well founded, and, if in its opinion the complaint is justified, shall report to the National Recovery Administration the result of such examination. Article 5 — Statistics 1. In order to provide data necessary for the administration of the National Industrial Recovery Act, the members of the shoe and leather finish and cement industry shall furnish such statistical information as the government may require. Article 6 — Limitation of Code 1 . No provision in this code shall be interpreted or applied in such manner as to: a. Promote monopolies. b. Permit or encourage unfair competition. c. Eliminate or oppress small enterprises. d. Discriminate against small enterprises. Article 7 — Modification and Amendment 1. This code or any of its provisions may be cancelled or modified, and any approved rule issued thereunder shall be ineffective, to the extent necessary to conform to any action by the President under Section 9B of the National Industrial Recovery Act. 2. The Executive Committee or Control Committee shall from time to time make to the Association of Manufacturers of Shoe and Leather Finishes and Cements such recommendations, including amendments of the code as in its judgment will aid the effective administration of this code or may be necessary to effectuate within the shoe and leather finish and cement industry the purpose of the National Industrial Recovery Act as administered. 3. This code, and any amendments thereto, unless otherwise provided by regulations from Washington, shall be in effect beginning ten days after approval by the President. o UNIVERSITY OF FLORIDA 3 1262 08851 7809