Registry No. 924-1-01 

NATIONAL RECOVERY ADMINISTRATION 

PROP·OSED CODE OF FAIR COMPETITION 

FOR THE 

HEEL MANUFACTURING 

INDUSTRY 

AS SUBMITTED ON AUGUST 31, 1933 

1 

U.S. OEt-~TO~ 

The Code for the Heel Manufacturing Industry 

l 

I 

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 

l 

( 

For sale by the Superintendent of Documents, Washington, D.C. - - • • • • • - Price 5 cents 
SUBMITTED BY 

NATIONAL HEEL MANUFACTURERS' ASSOCIATION 

(ll) 
NATIONAL HEEL MANUFACTURERS' ASSOCIATION CODE 

The following code has been adopted by the members of the 

National Heel Manufacturers' Association as a code of fair competition for their industry. 

In accordance with the provisions of the Industrial Recovery Act 

they request the President of the United States to approve this 

Code, and they herein express their cognizance of the fact that after 

this Code has been approved any violation of this Code shall be 

deemed an unfair method of competition and a misdemeanor, and 

upon conviction thereof an offender may be fined not more than 

'$500.00 for each offense, and each day such violation continues shall 

be deemed a separate offense. 

As a matter of record this Association incorporates in its Code ·the following provisions of the Industrial Recovery Act: 

1. SEc. 3. ( 1) This Association will impose no inequitable restrictions on admission to membership and is truly representative 

of the heel building industry, and (2) that this Code is not designed 

to promote a monopoly or to eliminate or oppress small enterprises 

and will not operate to discriminate against them. 

2. SEc. 7. (a) The employees of members of this Association 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-organization or ·in other concerted activities for the purpose of collective bargaining 

or other mutual aid or protection; (2) that no employee and no one 

seeking employment shall be required as a condition of employment 

to join any company union or to refrain from joining, organizing, or 

assisting a labor organization of his own choosing; and (3) that employers shall comply with the maximum hours of labor, minimum 

rates of pay, and other conditions of employment, approved or prescribed by the President. 

3. Llf embership.-Any person, firm, or corporation engaged in the 

manufacture of built-up heels for the purpose of sale and not for its 

own use is eligible to membership in this Association. 

4. M axi1num H ours.-The maximum hours of labor shall be not 

more than 48 hours in any one week nor over 1,040 hours in any 

six months. 

This is an average of 40 hours per week but permits 48 hours per 

week in the busy seasons. 

The restriction of 48 hours does not apply to the following: Officials, superintendents, foremen, salesmen, firemen, watchmen, shippers, persons engaged in transportation outside the factory, repair 

crews, and office staff. 

5. Jltfinirnum W age.-The minimum rates of pay for all exper- .ienced employees shall be 25 cents per hour. 

9448--33 (1) 
2 

For beginners, the m1mmum waO'e shall be for the first three· 

months not less than 20 cents per hour, for the second three months. 

not less than 22 cents per hour· after six months, 25 cents per hour. 

In all case piece-work r ates shall be such as will permit the 

lowest paid employee in each class to earn the hourly rate above 

epecified. The industry does not guarantee any fixed average hours or average pay per week. 

6. Jwveniles.-No person under 16 years of age shall be employed 

in any capacity. 

7. Cost A ccounting.-Some simple but complete cost-accountingsystem will be adopted and in any question of cost arising under 

this Code the method of cost finding adopted by the Association 

shall be considered the standard method ·and the true cost. 

8. Selling Below Oost.-The sale of any heel, or the quoting of a 

price on any heel, below the cost of that heel as figured by the· 

method adopted by the Association shall be considered an unfair 

practice and a violation of this Code. 

9. Fair S ales Price.-A fair selling price is one that is not less 

than 15% above the true cost as reckoned by the method adopted 

by the Association, if this is allowable under the law. 

10. T erms of Sale.-The only terms on which heels may be sold 

are an allowance of a discount of 4% for payment on or before the· 

fifteenth of the month following the date of the invoice; after that 

time all invoices are net. All invoices are due and payable in 

60 days from date. 

The allowance of more liberal terms in amount and/or time isan unfair practice and a violation of this Code. 

11. S ecret R ebates.-As one of the prime objects of this Association is to develop open and fair competition and to do away with 

underhanded and dishonorable practices, the granting of secret 

rebates in any form is an unfair practice and a violation of this 

Code. Secret rebates include special services and special discounts not 

generally allowed to purchasers of heels, as well as credits and 

allowances which in effect amount to a reduction in the price of 

the goods. 12.' False I nvoices.-All invoices for heels should state fully and 

clearly the exact details of the transaction and any deviation in 

an invoice frmn the true facts is an unfair practice and a violation 

of this Code. 13. Fraudulent and Deceptive Practices.-Any act which is in 

the n ature of bribery or which h as for its ooject the unethical 

influencing of a buyer is an unfair practice and a violation of this 

Code. This title includes gr atuities t o buyers, inducing sales by 

payment of commissions or rewards to employees of users of heels, 

lavish entertainment, etc. 

14. Unifonn Oontracts.-As it is not for the best interest of the 

indu try to have any of its members enter into contracts for uncertain quantities of merchandi e for indefinite periods, any contract 

which extends into the future over 90 days from its date is an 

unfair pr actice and a violation of this Code. 
3 

Under this section a member may enter into contracts for future 

·delivery for a stated number of pairs of heels, or for a customer's 

reguirements, to be shipped during the ninety-day period, at the 

pnce for each size and style as shown in the contract. 

The Association believes that contracts should be binding on both 

parties. It expects any member who makes a contract with a cus-

-tomer to live up to the terms of the contract. Likewise, the Association expects that customers who have made contracts with its members will live up to the terms thereof. To accomplish this end the 

Association will use its best efforts. 

The Association strongly recommends that if at any time a member 

has a contract with a purchaser which the purchaser refuses to carry 

·out to the satisfaction of the member, that the member should not 

ent€r into any further contract with that purchaser, but should 

report the facts in detail to the Secretary for consideration and possible action by the Association. 

15. Freight and Cartage Allowances.-An allowance for freight 

andjor cartage of an amount exceeding the actual freight and cartage 

is an unfair practice and a violation of this Code. 

16. Examination of Books of Accownt.-It is agreed by each of 

the members of this Association that in case the cost of any of their 

heels is questioned, under the Section of this Code forbidding the 

sale .of heels below cost, that the Board of Directors or an accountant 

of its choosing may examine the books of the concern in question 

.so far as they have to do with the cost of manufacture of heels. 

The cost of such accounting shall be paid from the funds of the 

Association. 

17. Reports to Se(Yf'etary.-The members of the Association agree 

to make such reports to the Secretary as the Board of Directors of 

this Association may from time to time vote to request from its 

members. 

Under no circumstances shall the Secretary divulge to anyone 

the contents of the report of a member. He shall compile and edit 

:such reports and pass the information on to every member, but in such 

form that the information furnished by any individual member cannot be identified. A member who has not sent in a report of his own 

.business is not entitled to receive from the Secretary reports containing information based on the business of others. 

It is agreed that if the Board of Directors has any doubt about the 

accuracy of any report or reports submitted by a member that it may 

employ an accountant to examine the books of the member in question; the member agrees to allow such an inspection of his books, the 

cost of the inspection to be paid out of the funds of the Association. 

The following reports to the Secretary are required under this 

Code: 

(a) ~1onthly reports of the number of pairs of heels invoiced 

during the preceding month, the report to state separately the pairs 

of all-leather heels and combination heels. 

(b) Name and address of any customer who has not paid any 

invoice within sixty days from its date. 

18. Dues.-The members of this Association agree that they will 

:pay monthly dues sufficient to support the Association. 
4 

The amount of the dues shall he deter.111inecl by the B'oard ofDirectors and shall be on ~ pro rata basis to each member, either as a. 

percentage of dollar sales or per pair of heels. 

The neglect to pay dues hall be considered a violation of this 

Code. 

19. Discounts to Dealers.-It is agreed that a commission of 5% 

is a sufficient recompense to a dealer who buys heels for resale or· who sells heels on commission. 

The allowance to a dealer of a larger recompense than 5% of the 

sale price of the heels is an unfair practice ancl a violation of this 

Code. 

No user of heels may be considered as an agent or dealer. 

20. Adjustment Oomm-ittee.-Any member of this Association who · feels himself aggrieved at any action, or upposed action of a fellow 

member, which he deems to be a violation of any Section of this Code, 

may make complaint in writing to the Board of Directors, stating in 

his complaint the name of the supposed offender, the name of the 

cu tomer involved, and all the facts pertaining to. the case of which. he is aware. 

Upon receipt of any grievance in writing from a member, the 

Board of Directors shall within ten (10) days appoint an Adjustment Committee of three (3) members to investigate the complaint. 

The Adjustment Committee shall promptly use all diligenc~ to 

discover the true facts in the case, and render a decision with: or· without penalties, which decision shall be final. 

21. Attmnpt to Break 0 ontract.-The inducing, or · attempt to · induce. a user of heels to break a contract in effect between him and : 

a competitor is an unfair practice and a violation of this Code. 

22. Defamatiqn of Oompetitor.-Defamatory remarks about a 

competitor, as regards his character, business methods, or integrity 

are an unfair practice and a violation of this Code. 

23. Pu(J"chases of Raw· 11! aterials.-The paying of more than the · 

market prices for raw materials (leather) to a user of heels is a 

form of rebate and is an unfair practice and a violation of this Code. 

24. This Code shall become effective 10 days after its approval by 

the President of the United States. 

25. This Code shall be in effect during the effective life of the 

Industrial Recovery Act, or until the Act is rendered void by the 

President of the United States or by an Act of Congress, but while 

this Code is in effect it may be amended or altered at any time in the 

following manners: 

(a) By an affirmative vote of members who sold at least 65% of 

the heels sold during the preceding calendar year, provided these · members are not less than 65 % of the total membership. 

(b) By order of the President of the United -States after consul-- tation with this Association. 
NATIONAL HEEL MANUFACTURERS' ASSOCIATION BYLAWS 

ARTICLE I-NAME 

SECTION 1. The name of the Association shall be National Heel 

Manufacturers' Association. 

ARTICLE II-OBJECT • 

SECTION 1. The object of this Association shall be to foster the 

interests of it~ members and those in any way related by common 

business interests to the business of manufacturing built-up heels, 

and maintaining uniformity and equity in the customs and usages 

of the heel-manufacturing trade; to acquire, preserve, and disseminate valuable busine s information; to promote a more enlarged and 

friendly intercourse among those engaged in the manufacturing of 

heels; to do anything necessary, suitable, and proper for the accomplishment of any purposes herein set forth or which may be recognized as proper and lawful objectives of trade associations; all of 

which shall be consistent with the public interest as well as in the 

interest of this industry and trade. 

ARTICLE Ill-MEMBERSHIP 

SECTION 1. Active.-Any person, firm, or corporation engaged in 

the manufacture of built-up heels is eligible to become an active 

member of this association. 

SEc. 2. Yoting.-Each member firm and corporation shall appoint 

and certify to the secretary of the association a member or an officer 

to be its representative in the association and he shall represent, vote, 

and act for the member in all affairs of the association, including the 

holding of office therein. 

SEc. 3. Election of Members.-Any person, firm, or corporation 

eligible to membership under these bylaws on making written application therefor shall be elected to membership. 

SEc. 4. Duration of member hip and resiqnation.-Membership in 

this a ociation may terminate by death, voluntary withdrawal as 

herein provided, or otherwise in pursuance of these bylaws. The 

right of a member to vote and all other rights, title, and interest of a 

member in or to the a sociation, its rights, privileges, and property 

shall cease on the termination of membership. Any member may by 

giving written notice of such intention withdraw from member hip. 

Such notice shall be presented to the Board of Directors at the next 

succeeding meeting of the Board of Directors. Withdrawals shall 

be effective upon fulfillment of all obligations to the date of 

withdrawal. . 

SEc. 5. Suspension and E xpulsion.-For cause, any membership 

may be suspended or terminated. Sufficient cause for such suspen-

(5) 
6 

sion or termination of membership shall be violation of bylaws, code, 

or any agreement, rule, or practice properly adopted by the association, or any other conduct prejudicial to the interests of the association. Such suspension or expulsion shall be by two thirds vote of 

the entire membership of the Board of Directors: Provided', That a 

statement of the charges shall have been mailed by registered post 

to the last recorded address of the member at least fifteen ( 15) days 

before final action is taken thereon. This statement hall be accompanied by a notice of the time and place of the meeting of the Boa-rd 

of Directors at which the charges shall be considered and the member 

shall have the opportunity to appear and present any defense to such 

charges bef~re action is taken thereon. 

SEc. 6. Division of llf ernbers.-The actiYe members of the association may be divided into geographical divisions as may be designated by the Board of Directors. Each division may form such 

auxiliary organizations for the purpo e of coordinating and aiding jn 

the general objects of the association as may not be inconsistent with 

these byla\\s or interfere in any way with the activitie or affairs of 

the association. 

ARTICLE IV-DUES 

SECTION 1. The annual dues for each member of the association 

shall be determined by the Board of Directors but shall be proportionate to the dollar amount of or volume of business done by each 

member during the preceding year. 

SEc. 2. :Members who fail to pay their dues or assessments within 

thirty days from the time the same become due shall be notified by 

the secretary, and if payment is not made within the next succeeding 

thirty days, shall be reported to the Board of Directors as in arrears 

and, if so ordered, shall be dropped from the rolls and thereupon 

forfeit all rights and· privileges of membership. 

SEc. 3. The fisca] year shall be from June 1 to May 30. 

ARTIOLE V-MEETINGS 

SECTION 1. Annual.-There shall be an annual meeting of the 

association during the month of July, unless otherwise ordered by 

the Board of Directors, for election of members of the Board of 

Directors for receiving the annual reports and the transaction of 

other business. Notice of such meeting, signed by the secretary, 

shall be mailed to the last recorded address of each member at least 

fourteen (14) days before the time appointed for the meeting. 

SEc. 2. Regular.-Regular meetings of the a sociation shall be held 

on written notice of time and place and subjects to be considered. 

notice being given ten (10) days in advance of each meeting. 

SEc. 3. Special.-Special meetings of the as ociation may be called 

by the Board of Directors. Upon the written request of five ( 5) 

members of the association, the Board of Directors shall call a special 

meeting. Notice of any special meeting hall be given five (5) days 

in advance with the statement of time and place and the information 

as to the subject or subjects to be con idered. 

SEc. 4. Quorwm.-Seven members present at any meeting of the 

association shall constitute a quorum, and in case there be less than 
7 

·thi number the presiding offi-cer may adjourn the meeting from ,time to time until a quo_rum is present. 

ARTICLE VI-ANNUAL ELECTION 

SECTION 1. At the annual meeting next held after the adoption of 

these bylaw , there shall be elected by ballot five ( 5) directors of 

the association, two (2) of whom hall be elected for a term of 

one year, two (2) for two years, and one (1) for three years. At 

each annual meeting thereafter a number of directors equal to that 

of tho e whose terms have expired shall be elected for a term of 

three year . Any director shall be eligible for reelection. 

SEc. 2. The Board of Directors shall elect a president, vice president, and a secretary-treasurer of the association who shall serve to 

the end of the next annual meeting, or such time as their respective 

successors are duly elected and take office. 

ARTICLE VII-BoARD OF DIRECTORS 

SECTION 1. Gove'f'11117&ent of association.-The property, affairs, 

.business, and concerns of the association shall be vested in a Board 

of Directors, consisting of five ( 5) directors. The members of the 

aid board hall, upon election, immediately enter upon the performance of their duties and shall continue in office until their 

successors shall be duly elected and qualified. 

SEc. 2. Duties.-The Board of Directors shall have control and 

management of the affairs of the association, with authority to engage assistants, fix salaries, admit, suspend, or expel members, and 

to do everything necessary and desirable in the conduct of the business of the association, and in accordance with the bylaws. 

SEc. 3. M eetings.-A regular meeting of the Board of Directors 

for the election of officers shall be held immediately following the 

annual meeting. The president may, when he deems necessary, or 

the secretary shall, at the request in writing of three ( 3) members 

of the board, issue a call for a special meeting of the board, and 

only five ( 5) days' notice shall be required for such special meetings. 

SEc. 4. Q'U).orum.-A majority 'of the board shall constitute a 

quorum for the election of officers and all other purposes not otherwise provided for herein. In the absence of the president, the vice 

president may preside, otherwise the members present may choose a 

chairman for the meeting. 

SEc. 5. Absence.-Any member of the Board of Directors absent 

fron1 a meeting should send a communication to the president or 

secretary stating his reason for his absence, and the membership 

of the board in attendance shall decide in each instance whether or 

not such absence is excusable. In the event there are three consecutive unexcused absences on the part of any member of the 

Board of Directors, his membership on the board may be declared 

vacant. 

SEc. 6. V acancies.-Any vacancies that may occur on the board by 

reason of death, resignation, or otherwise may be filled by the Board 

of Directors for the unexpired term. 
8 

SECTION 1. President.-The president shall be the executive officer 

of the· organization, and shall preside at meetings of the association 

and of the Board of Directors and shall perform such other duties 

as are necessarily incident to the office of president of the association or as may be prescribed by the Board of Directors. 

SEc. 2. Vice President.-In case of death or absence of the president or of his inability from any cause to act, the vice president 

shall be designated by the Board of Directors to perforn1 for the 

time being the duties of the president's office. 

SEc. 3. Secretary-Treasurer.-The secretary-trea urer shall keep 

an account of all monies received and expended for the use of the 

association and shall make disbursements authorized by the board. 

All sums received he shall deposit in the bank, or banks, or trust 

company approved by the Board of Directors and shall make a 

report at the annual meeting or when called upon by the president. 

It shall also be his duty to give notice of and attend all meetings 

of the association and of the Board of Directors and keep a record 

of their proceedings; to conduct all correspondence and to carry into 

execution all orders, votes, and resolutions not otherwise committed; 

to keep a list of the members of the association; to collect annual 

dues and subscriptions; to prepare under the direction of the Board 

of Directors an annual report of the transactions and conditions 

of the association and generally to devote his best efforts to forwarding the business and advancing the interest of the association. 

SEc. 4. The secretary-treasurer shall at the discretion of the Board 

of Directors furnish at the expense of the association a fidelity bond 

approved by the Board, in such a sum as the Board shall prescribe. 

ARTICLE IX-COMMITTEES 

SECTION 1. Adju8tment 0 ommittee.-Whenever a grievance in 

writing is received from any member of the association, the Board of 

Directors shall within ten days from its receipt, appoint an Adjustment Committee of three members who shall investigate the grievance and make a decision which shall be final. 

SEc. 2. Committee on norminatiom.-At least sixty (60) days before the annual meting, the Board of Directors shall appoint a 

nominating committee of five members, none of whom shall be a 

member of the board, whose duty it shall be to nominate candidates 

for directors to be elected at the next annual election. They shall 

notify the secretary,: in writing, at least thirty (30) days before the 

date of the annual meeting, of the names of such candidates, and the 

secretary shall mail at least twenty (20) days before the annual 

meeting a copy thereof to the last recorded address of each member. 

SEc. 3. Independent nominatiom.-Nominations for directors may 

also be made, indorsed with the names of not less than seven (7) 

members of the association, if received by the secretary at least five 

days prior to the annual meeting of the association for immediate 

transmittal by him to the members. 
9 

ARTICLE X-MAn. vOTE 

SECTION 1. Whenever, in the judgment of the Board of Directors,. 

any question shall arise which it considers should be put to a vote 

of the active membership and when it deems it inexpedient to call 

a special meeting for such purpose, the directors may, unless otherwise required by these bylaws, submit such matter to the membership in writing by mail for vote and decision, and the question_ 

thus presented shall be determined according to 65% of the votes 

received by mail within two (2) weeks after such submission to 

the membership. Any and all action taken or omitted to be taken 

in pursuance of a majority mail vote in each such case shall be 

binding upon the association and as against each member thereof. 

ARTICLE XI-INDUSTRIAL RECOVERY ACT ConE 

If any provision of these Bylaws is at variance with the provisions 

of the Code adopted by the association under the Industrial Recovery Act, the provisions of the Code shall prevail. 

ARTICLE XII-AMENDMENTS 

SECTION 1. These bylaws may be amended, repealed, or altered, 

in whole or in part, by a two-thirds vote at any duly organized 

meeting of the association, provided the proposed change is submitted by mail to the last-recorded address of each member at least 

thirty (30) days before the time of the meeting wJllch is to consider 

the change. . 0 . 

.. 
• 

UNIVERSITY OF FLORIDA 

IIIII/IIIII IIIII/IIIII IIIII II Ill/ llllllllllllllllllllllllllll/1 I 

3 1262 08855 6476