NATIONAL RE OVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

WOOD HEEL INDUSTRY 

AS APPROVED ON FEBRUARY 9, 1934 

WE DO OUR PART 

U 'ITED STATES 

GOVER MENT PRI. 'TI G OFFICE 

WA HI ' GTON: 193~ 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign 

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala.: 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

Charleston, S.C. : Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio: "Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce ~uilding. 

Detroit. Mich.: 801 Fir t 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 Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 F ederal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

New Orlean. , La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa. : 422 Commercial Trust Building. 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo. : 506 Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wa. h. : 809 Federal Office Building. 
Approved Code No. 270 

CODE OF FAIR COMPETITION 

FOR THE 

WOOD HEEL INDUSTRY 

As Approved on February 9, 1934 

ORDER 

APPR , .. L TG DE F F AIR Co £PETITION Fon TnE \Y ooo H EEL 

I NDUSTRY 

An application ha in<Y been duly made pursuant to and in full 

c mpliance with the provisions of Title I of theN ational I ndu trial 

Recover ct approv d J une 16 1933, for approval of a Code of 

1 air Comp tition f or the Wool H eel I ndu try, and hearinO"s havino- b n dul held thereon and the annexed report on aid Code, 

ntaining fin lings with re p ct thereto, having been made and 

direct to th P re i en t : 

N \V THEREFORE, on b half of the Pre ident f the United 

at I H uo·h . J ohn on, Admini tl·ator for I ndu trial Recovery, 

1 ur uant t auth rity e ted in me b. Ex cutive Order of the Pr i- d nt in luding Ex utive Ord r _r o. 6 43- A, dated December 30, 

1 3 and otherwi e · lo hereby incoq orate by refer nee aid annexe l r port and do find that aid ode complies in all resp ct with 

th p r in nt provi ions and will promote the policy and purpo e 

f aid Title of ail ct; and do her by ord r that aid Code f i ir omr etition be and it i hereby approve l; provid d, howev r, 

that the pr vi i n f Article VII, ection 2 in ofar a they pr - ri a w, i ino· eri d betwe n th filin<Y wi h the Cod Authority 

and th ff tiv dat f revi d price li t or r vi ed term and onli i n f Cc le b an they are hereby tay d p ndin0 my furt1: r 

rder ith r within a peri d of ixty (GO) da3 from the ffec ive 

at f thi d r aft r h mpl ti n of a u f or n pri e 

·iati 1 n 'i b in · conduct by the ati nal R ovcry 

1 ini tra ti n. 

Ho n . J o T 

Admini trato?' for lndu trial Recove7'Y· 

\.pr r val r c mm n 1 l : 

\Y . ..1:. • l L\RTIDL\ ... 

ivi ·ion 1l7nini.·tJ·ator. 

3' :3::i0 - 37 0-3.1 ( 3:.. ) 
REPORT TO THE PRESIDENT 

J,'he PRESIDENT, 

The White House. SIR: This is a report on the Code of Fair Competition for the 

Wood Heel Industry in the United States, the hearing being conducted in Washington, D.C., on December 6, 1933, in accordance 

with the provisions of the National Industrial Recm ery Act. 

PROVISIONS ON HO RS AND WAGES 

The maximum hours provided in this Coue for employees is forty 

(40) hours per week and eight (8) hours per day. vVhen production demands it a tolerance of five ( 5) hours per week is allowed 

for not more than eight ( 8) weeks in each six ( 6) months' period, 

with one and one third the normal hourly wage for all hours worked 

jn excess of eight (8) hours per day. 

Employee· classified as set oYer men, firemen, janitors, shipping 

clerks, and delivery driver are pe1·mitted a tolerance of ten (10) percent of the normal hours of work. vV atchmen are permitted to work 

fifty-six (56) hours per week. Employee engaged in emergency 

maintenance or repair work and/ or in continuou processes upon 

which the employment of other employees depends are not limited 

but shall be paid one and one third the normal rate for all hours 

worked in excess of forty-fiye ( 45) hours per week. 

The minimum wage specifie l for male employees is thirty-seven 

t-.nd one half ( 37lj2 ) cent p r hour in any city over 250,000 population an<l thirty-five (35) cents per hour in any city or plac of 

2:so,ooo or less and that specified for female employees is thirty-two 

and one half (32lj2 ) cents per hour. 

Lea rners, not to exceed five ( 5) percent of the employees and for 

not more than four weeks, may be paid not le s than eighty (80) percent of the prescribed minimum.. No wages of those paid in excess 

of the minimum of this Code shall be reduced below those paid for a 

normal week prior to June 16 1933. Neither shall uch wages be 

reduced due to a shorter normal week prescribed by this Code but 

shall be equitably adjusted and reported ""ithin thirty (30) days of 

the approval of this Code. 

CHILD LABOR 

The minimum age provided in this Code i 16 year but in hazardous occupation this age limit is increased to 18 years. 

ECONOMIC EFFECT OF THE CODE 

The volume of the output of this industry increa ed about twenty 

(20) percent from 1928 to 1932· and during the same period the 

(330) 
<)')1 

FI){Dr~ 

ministrator in his final report to me on 

forth and on the basis of all the 
332 

ing unfair competitive practice , by promoting the fullest possible 

utilization of the present productive capacity of industries, by avoiding undue restriction of production (except as may be temporarily 

required), by increasing the con umption of indu trial and agricultural products through increa ing purchasing power, by reducing 

p.nd relieving unemployment, by improving standards of labor, and 

by otherwise rehabilitating industry. 

(b) Said industry normally employs not more than 50,000 employees; and is not classified by me as a major industry. 

(c) The Code as approved cmnplies in all respects with the pertinent provi ions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and 

Sub ection (b) of Section 10 thereof; and that the applicant association is an indu trial association truly representative of the aforesaid 

industry; and that said association imposes no inequitable restrictions on ad1nission to membership therein. 

(d) The Code is not designed to and will not pern1it monopolies 

or monopolistic 12ractices. . (e) The Code IS not designed to and will not eliminate or oppress 

small enterprises and will not operate to discriminate against them. 

(f) Those engaged in oth~r steps of the economic process have 

not been deprived of the right to be heard prior to approval of 

said Code. 

For these reasons, therefore, this Code has been a.pp.roved. 

Respectfully, 

FEBRUARY 9, 1934. 

HuGHS. JoHNSoN, 

Administ1'ator. 
0 ~ IR C fPETITI FOR THE \V D HE 1 L 

IJD 'IRY 

National In lu trial R ov ry 

f Fair 1111 tition f r he 

A.Rn LE II-DEFINITIO ·s 

" TIO .. • 1. TI ood H eel In lttStry.-The t rm \Yoo l Heel In lu ~ 

try ' a u d herein include the turning, fini hin<Y, and/ or al of 

l h el b the manufacturer an l uch relate l branche or ubclivi i n th reo£ a rna from time to tinte b includ d un 1 r the 

pron ion of thi Cod by the Pre ident aft r su h no ice an l h arinb a he may pr crib , ut ex lude th fini hin · of woo l heel by 

oot an l hoe manufacturer who :fini h them ex lu ively :for their 

own u e in the manufacture of footwear. E . -· Mem.b r of the Industry .-The term ' memb r of th In- u tr in lude , but without limitation any in hviclual, partn rhip a ociation, orpora ion, or oth r p rson encra<Ye l in th in- du tr r eith r a an emplo er or on hi or it own behalf. 

E . 3. Employe1·.-Th t rm 'emr lo er' a u ed her in mean 

mpl y r n ao- c1 in th indu try. . E •. 4. E1nploy e.-Th t rm ' empl y e ' a us l herein includ any an l all per on ngage l in the indu try h wev r om.-

p n,c a d ex pt a memb r f the Inclu try. 

E . 5. A t and dmini trato1·.-The terms " t an l Ad ini - trat r a u. d herein hall 11 an r p tivel Titl I of the N ational Indu. rial ecov r ·t, and the Admini trator for In lu trial 

v ry. E •. 6. T 0'11 r.-The t nn turn r a u e 1 h rein ·hall m an 

th m 11b r of the in lu tr} who t 1rn viood l ut of lumber 

but wh 11 a al. · fini h h m. 

E . 7. Fznish 1'.-Th t rm fini h r' a use h r in hall m an 

th . n mb r f the in lu try who mrl t the fini hing of woo 

l l. bu wh lo n t turn them. r: . . ..:1 ociation.-The t rm' hall 

m ar th N ati n l ia i n of \V 

(333) 
334 

SEc. 2. Ewecutive and Supavi ·ory Employees.-The maximum 

hours prescribed in Section 1 of thi Art ile hall not apply to 

executive or upervisory employees receiving thirty-five (35) dollars 

or more in any one week nor to out ·id ·ale ·men, provided, however, 

such executive or supervisory employee · or out ·ide ·alesmen employed 

in excess of forty (40) hour shall perform only the normal duties 

of such positions and shall not perform the duties normally performed by other employee . 

SEc. 3. lV atch1nen.-The maximum hour prescribed in Section 1 

of this Article shall not apply to watchmen, provided however, that 

watchmen hall not be permitted to work in exce ·s of fifty-six (56) 

hours in any one week. 

SEc. 4. Set ove7' 1nen, F-i?·emen, J anitm·s, Shipping Clerks a.ncl 

Deli very D1·ivers.-Set over men, firemen, janitors, ·hipping clerks, 

and delivery drivers, shall be permitted to work a tolerance of not 

n1ore than five ( 5) hours over and above the normal hours of work 

Erescribed in Section 1 of this Article ; and a tolerance of not more 

than six ( 6) hour. over and above the said hour of work during 

the peak ·easons provided in Section 6 of this Article. 

SEc. 5. Em.ergencies.-The maximum hour of labor hall not apply to employees doing emergency maintenance, and emergency reI air work, or work where restrictions of hours of workers on continuou · processes would unavoidably reduce production or interrupt en1ployment of the majority of em.ployee , but in any such 

ca e , at least time and one third shall be paid for hours worked 

in exces · of eight (8) hour in any one day or forty-fiv ( 45) hours 

per week. 

SEc. 6. Peak Seasons.-The maximum hours prescribed in Section 1 of thi Article . hall not apply during sea onal or peak periOlls, but uch period shall not exceed eight ( ) week in any six (6) 

month period provided, however, that no employee engaged in 

such . easonal operations shall be permitted to \York in excess of 

forty-five ( 45) hours in any one week. All hour ·worked in excess 

of eight ( 8) hour in any one day shall be paid for at one and one 

third times the regular hourly rate. 

SEc. 7. Dual E1nploym .. ent.-No employer shall knowingly engage any employee for any time which, when totaled with that 

already performed with another employer or employers in this 

industry, exceeds the maximum hours prescribed in this Article. 

ARTICLE IV- vv AGEs 

SECTION 1. Minimum rVages.-No male employee of this industry 

shall be paid less than the rate of thirty-seven and one half (37V2) 

cents per hour in any city over 250,000 population nor less than the 

rate of thirty-five (35) cent per hour in any city or place of 

250 000 population or less and no female employee in this industry 

shall be paid less than thirty-two and one half (321j2 ) cents per 

hour except as stated in (a) and (b). 

(a) All learners may be allowed a four-weeks' apprenticeship 

luring which time the rate of pay shall not be le than eighty (80) 

percent of the minimum prescribed in this Article. Such apprentice engaged by any employer at any one time shall not exceed ( 5) 

percent of his factory employees. 
335 

ARTICLE V-GEKEHAL LABOR PROHt:~IOK 

c-
336 

SEc. 3. R ecla sifying Employees.-N o employer shall reclassify 

employees or duties of occupations performed or engage in any other 

subterfuge for the purpose of defeating the labor provisions of the 

Act or of this Code. 

SEc. 4. H 01ne TV ork Prohibited.-All work connected with every 

operation of the vVood Heel Industry shall be performed in the 

factories of the employer . No such work whatever shall be permitted to be taken to the home of the employees. 

SEc. 5. Safety and H ealth.-Every employer shall provide for the 

safety and health of his employees at the place and during the hours 

of their employment. Standards for safety and health shall be submitted by the Code Authority to the Administrator within three (3) 

months after the effective date of this Code. 

SEc. 6. State Laws Prevail Whe1·e llfore St1ingent Than Oode.-

N o provisions in this Code shall supersede any State or Federal law 

which imposes n1ore stringent requirements on employers as to age 

of employees, wages, hours of work, or as to safety, health, sanitary 

or general working conditions, or insurance, or fire protection, than 

are imposed by this Code. 

SEc. 7. Posting Oode.-All employers shall post complete cop1es 

of this Code in conspicuous places accessible to employees. 

ARTICLE VI-ENFORCElVIENT 

SECTION 1. Code Awtlwrity.-The Code Authority which is hereby 

constituted the agency for administering, in cooperation with the 

Administrator, the provisions of this Code, shall consist of the 

Executive Connnittee of the Association elected as hereinafter provided, and one nonmember of the association. The Association or 

any other trade or industrial association participating in the selection 

or activities of the Code Authority ,shall: (1) impose no inequitable 

restrictions on membership, and (2) submit to the Administrator true 

copies of its articles of Association, By-Laws, Regulations, and any 

amendments when made thereto, together with such other information as to membership, organization, and activities as the Administrator may deem necessary to effect the purposes of the Act. 

SEc. 2. How co1nposed.-The Code Authority shall consist of 

thirteen ( 13) members, to be elected as herein provided. The executive committee of the Association shall constitute twelve (12) members of the Code Authority and shall be elected as follows : nine ( 9) 

members shall represent turners, three (3) of whom shall be elected 

by the turners in each geographical area; three (3) members shall 

represent finishers and shall be elected by finishers, one ( 1) from the 

Western area and two (2) from the New England and Ea tern areas. 

The thirteenth (13th) member of the Code Authority shall be elected 

by and from the me1nbers of the industry who are not members of 

the Association. The Geographical Areas herein referred to shall · 

be ( 1) the New England Area consisting of the States of :Maine, 

New Hampshire, Vermont, Ma.ssachusetts, and Rhode I land; (2) 

the Eastern Area consisting of the States of Connecticut, New York, 

New Jersey, Pennsylvania, and Maryland; and (3) the Western 

Area consisting of all other states not included in the foregoing 

area and territories subject to this Code. Not more than three non-
3 7 

lmini.trato1 to. rve n 

In lu tr. f r . n ·h t :>nns 
338 

Adm.inistrator, on the basis of volume of business and such other 

factors as may be dee1ned equitable. 

ARTICLE VII-FAIR PRICE CoMPETITION 

SECTION 1. Unifor1n Accounting Systmn.-The Code Authority 

shall formulate or cause to be formulated a uniform accounting 

system which shall be adaptable to the cost accounting procedure 

and to the business of the industry. Such plan shall specify the 

factors which shall be included in determining the allowable costs 

of each member of the industry, provided, however, that the allowable costs of lumber used in the manufacture of wood heels shall 

not be less than the minimum price of the specific kind and gTade of 

lumber, as fixed pursuant to the Code of Fair Competition of the 

Lumber and Timber Products Industries. The cost of lumber in 

stock prior to such prices becoming effective shall be included at not 

less than the minimum price of the appropriate kind and ·grade of 

lumber as fixed pur uant to the Code of Fair Competition of the 

Lumber and Timber Products Industries at the time such prices 

became effective or at the time such lumber is used, whichever is 

lower. The cost of lumber acquired by members of the Industry 

after such prices are in effect shall be included at not less than the 

minimum price so fixed at the time such lumber is stocked or purchased, or at the time it is used, whichever is lower. Upon approval 

by the Administrator of such a system of cost accounting for the 

Industry complete advice concerning it shall be distributed by the 

Code Authority to all members of the Industry. Within thirty (30) 

days after each member of the Industry has received notice of the 

sy tern of cost accounting so approved no Inember of the Industry 

shall initiate a selling price for any product of the Industry below 

his own allowable costs, or sell the products of the Industry at such 

prices, or upon such terms or conditions of sale as will result in the 

purchaser's paying for such product less than the allowable cost 

thereof to the seller, determined in accordance with the aforementioned system of cost accounting, except to meet the competition of 

another member of the Industry, provided that notice of such price 

to meet the competition shall be sent to the Code Authority and provided that such competitive price may be used only until such time as 

the Code Authority determines after investigation, and notifies 

such member that sales below his allowable costs are no longer 

necessary to meet competition. SEc. 2. Open pTices.-"VVithin twenty (ZO) days after the above 

cost accounting systen1 has been approved by the Administrator, each 

member of the Industry shall file with the Code Authority and publish to interested parties a price list individually prepared by him 

for all products of the industry sold or offered for sale by him, together with the discount, if any, allowed therefrom, and fixed terms 

of payment. Revised price lists or revised discounts or terms and 

conditions of sale may be filed from time to time thereafter by any 

member of the Industry provided, however, that such revision shall 

be filed with the Code Authority five ( 5) da.ys in advance of the 

effective date thereof, and provided further that any member of the 

Industry may file revisions of his price lists, or terms, or conditions 
( 

ARTlCLE YIII-l1 NF.:HH TR.:\DE PRACTICJ... 

tices and 1n 

Ill 

bates.-The rrranting of secret rebates, cliscounL, 

·wilful 

of heel 

mcmOJLSign7Jte·JLt .-The shipping of 

rms and conllitions as may be 

paragraph 2 or order approYlng tbis Code. 
340 

ARTICLE IX-APPROVAL OF THE PRESIDENT 

This Code and all the provisions thereof are· expressly made subject 

to the right of the President, in accordance with the provisions of 

Clause 10 (b) of the National Industrial Recovery Act, from time 

to time to cancel or modify any order, approval, license, rule, or 

regulation, issued under Title I of said Act, and specifically but without limitations to the right of the President to cancel or modify his 

approval of this Code or any condition imposed by him upon his 

approval thereof. 

ARTICLE X-REVISIONS AND ADDITIONS 

SECTION 1. ll-1 odificaUons.-Such of the provisions of this Code as 

are not required to be included therein by the National Industrial 

Recovery Act, may, with the approval of the Administrator, be modified or eliminated as changes in circumstances or experience may indicate. It is contemplated that from time to time supplementary provisions to this Code, or additional Codes, will be submitted for 

approval of the President, to prevent unfair competition in price 

and other unfair and destructive competitive practices and to effect 

the other purposes and policies of Title I of the National I ndustrial 

Recovery Act consistent with the provisions hereof. 

SEc. 2. Procedure for M odification.-Supplementary provisions or 

modifications of this Code before being recommended to the Administrator by the Code Authority, shall be adopted at a regular or 

special meeting of the Code Authority by a two-thirds aftirmative 

vote of members of the Code Authority either present in person or 

by proxy. Prior to any such meeting of the Code Authority to con- sider supplementary provisions or modifications at least fifteen (15) 

days written notice shall be given to all members of the indu try 

which notice hall specify the purpose for which such meeting of the 

Code Authority is called and the supplementary provisions or 

modifications to be considered. 

ARTICLE XI- MoNoPoLIEs 

No provisions of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate 

ngainst small enterprises. 

ARTICLE XII-EFFECTIVE DATE 

This Code shall become e:ffecti ve on the first Monday after its 

approval by the President. 

Approved Code No. 270. 

Registry No. 32'5- 01. 

0 

UNIVER SITY OF FLORIDA 

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