Registry No. 801-1-01 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

RUBBER FOOTWEAR 

INDUSTRY 

AS SUBMITTED ON JULY 29, 1933 

-·. - ,. ... ... -----

U.S. OEfloeilTOPl'Y 

The Code for the Rubber Footwear 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 

PROPOSED CODE OF FAIR COMPETITION FOR THE RUBBER 

FOOTWEAR INDUSTRY 

In order to carry out the intent and provisions of Title I of the 

National Industrial Recovery Act, the following provisions are 

established as a Code of Fair Competition for the Rubber Footwear 

Industry. 

SECTION !.-DEFINITIONS 

The tern1 "Rubber Footwear Industry" as used herein is defined 

to mean the manufacture and/or wholesale sale by manufacturers of 

all types of so-called Waterproof and Canvas Rubber-soled Footwear. 

The term "Employees" as used herein is defined to include all 

factory employees working for wages, except repairshop crews, 

engineers, electricians, :firemen, supervisory staff, shipping, watching 

and outside crews, office employees, and salesmen. 

The effective date of this Code shall be 14 days after the date of its 

approval by the President of the United States. 

SECTION II-APPLICATION 

All terms, provisions and conditions of this Code, as it may finally 

be approved, and any subsequent revisions thereof or additions 

thereto, shall apply to any person, partnership or corporation engaged 

in the Rubber Footweat Industry, as defined in Section I above. 

SECTION III-LABOR 

1. As provided in Section 7 (a) of Title I of the National Industrial 

Recovery Act, the following provisions are embodied in this Code: 

"(1) That employees 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." 

2. It is clearly understood that the foregoing paragraphs do not 

impair in any particular the constitutional rights of the employee 

and employer to bargain individually or collectively as may be 

mutually satisfactory to them; nor does it impair the joint right of 

employee and employer to operate an open shop. 

3. On and after the effective date of this Code, employers in the 

Rubber Footwear Industry shall not employ any minors under the 

age of 16 years. 

4. othing in this Code is to prevent the selection, retention, and 

advancement of employees on the basis of their individual merit, 

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without regard to their affiliation or nonaffiliation with any labor 

organization. 

5. The maximum hours of employees shall be limited to 36 hours 

per individual per week, with a limit per individual per day of 8 

hours, and a maximum seasonal tolerance of 120 hours per year. 

6. In order to avoid unbalanced production, such employees occupied in milling, calendering, curing, and other like limited machine 

capacity, shall, to the extent of not more than 20 percent of the 

total employees, be permitted to work 48 hours per week with an 

annual tolerance of 120 hours per individual per year for mechanical 

and manual interruption, and seasonal peak loads. 

7. On and after the effective date, the minimum wage that shall 

be paid by employers in the Rubber Footwear Industry to any of 

their employees, except learners doing a maxi1num 6-weeks' apprenticeship at a minimum of 25¢ per hour, shall be at the rate of 35¢ 

per hour. 

8. It is agreed that the proper graduations above the minimum 

wages shall be maintained in the wage amount received by the higher 

paid classes. 

SECTION IV-REPORTS OF PRODUCTION, SALES, INVENTORY, w AGES, 

AND HouRs 

Monthly returns showing production, sales, and inventory, classified into the general terms of the Industry, and wages paid and hours 

worked, shall be made by each member to the Rubber Manufacturers 

Association, Inc., 250 West 57th Street, New York City, which shall 

constitute the agency to collect and receive such reports and distribute 

the collected information to the Industry men1bers. 

SECTION V-AccouNTING AND CosTING AND SPECIFICATION 

1. A uniform and equitable system of accounting and cost control 

shall be devised by the Footwear Division Accounting Committee of 

the Rubber Manufacturers Association for adoption by each member 

of the Rubber Footwear Industry which system shall be used by each 

member of the Industry as a basis for establishing said member's 

individual costs. 

2. Specification.-There shall be a Committee of the Industry 

consisting of three representative members which shall from time to 

time present for adoption, with reasonable tolerances, by the Industry, 

definitions of standard products under the titl~ "Standard Products 

Specifications," which definitions when adopted shall be filed with the 

Rubber Manufacturers Association. 

3. Any manufacturer may make Footwear of higher quality than 

that defined in adopted Specifications as provided in Section V, 

Paragraph 2, and/or included in an adopted selling schedule as provided in Section VIII, and in that event shall independently make his 

own selling prices on such Footwear in accordance with Section VII, 

Paragraph 1, provided such prices shall not be lower than any adopted 

1ninimum schedule on relative products. 

SECTION VI-IMPORTS 

There shall be a Committee representative of the Industry whose 

duty it shall be in order to effectuate this Code, particularly as referred 
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to in Section 3 (e) of the Act, to investigate and inform the Administration on behalf of the Rubber Footwear Industry as to the importation of competitive articles into the United States in substantial 

quantities or increasing ratio to domestic production on such terms 

or under such conditions as to render ineffective or seriously to endanger the maintenance of this Code, and as an agency for making 

complaint to the President on behalf of the Rubber Footwear Industry under the provisions of the National Industrial Recovery Act in 

respect thereto, and it is the intention of this Code that all domestic 

sales shall be made under the terms of this Code. 

SECTION VII-MARKETING 

1. No manufacturer shall initiate prices on regular merchandise 

(other than on factory damaged and obsolete merchandise) at less 

than its unit cost of production, as determined under the system 

provided for in Section V, Paragraph 1, plus its related cost of marketing, including transportation, plus a fair and reasonable profit, unless 

it is sold in accordance with an adopted schedule under Section VIII 

herein, which schedule had become out of line due to unforeseen 

changes in costs. 

2. Marketing of Factory-Damaged and Obsolete Goods.-There shall 

be a Committee of the Industry consisting of three representative 

members which shall recommend for adoption from time to time, 

cooperative methods of properly identifying and disposing of factorydamaged and obsolete goods, in order that the n1arketing of such 

goods may be carried out in an orderly and fair manner. 

3. To assist in providing uniform trade practices and preventing 

discrimination and unfair competition, group customer classification 

definitions shall be adopted by the Footwear Industry for the following classifications under the title of "Definitions of Buyers of Footwear," and such definitions shall be filed from time to time with the 

Rubber Manufacturers Association, Inc.: 

Classification of Buyers of Footwear. · (A) Jobbers. 

(B) 1\1:ail Order Houses. (C) Chain Stores. 

(D) Department Stores. 

(E) Cooperatjve Buying Associations. 

(F) Group Combinations. 

(G) Industrials: 

1. Contractors. 

2. Commissaries. 

3. Abattoirs, etc. 

(H) Government: 

1. Federal. 

2. State. 

3. County. 

4. Municipal. 

(I) Retailer. 

(J) Agencies: 

1. Syndicates. 

2. Resident Buyers. 
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SECTION VIII-SELLING SCHEDULES 

1. Due to the seasonal character of the sales demand for Rubber 

and Canvas Footwear and the desirability for stabilization of the 

production, there shall be a Committee of the Industry consisting 

of 3 representative members to be called a "Cost Committee of the 

Rubber Footwear Industry" wlu.ch shall from time to time, upon the 

basis of the system provided for in Section V, Paragraph 1, present 

the costs for various standard kinds and grades of Footwear which 

in thefr opinion will obtain during a limited period in the future, 

and on the basis of such costs and in accordance with Section VII, 

shall recommend a selling schedule which shall, if and when adopted, 

then be promptly filed with the Rubber Manufacturers Association, 

Inc., together with a notation of the effective date. 

2. This committee shall also from time to time, after taking into 

consideration marketing costs in the industry, recommend the 

proper discounts and terms of sale to be given the different classifications of trade as defined in "Definitions of Buyers of Footwear" and 

such schedule of discounts, if any, and/or terms of sale or uniform 

sales contracts, if and when adopted, shall be promptly filed with the 

Rubber Manufacturers Association, Inc. 

3. It is desirable that the schedules provided for in this Section 

be filed before the beginning of the respective selling season of the 

product involved and ren1ain in effect during such selling season, 

but if due to unforeseen changes in costs these schedules become inconsistent with Section VII, Paragraph 1, the Committee shall 

promptly recommend new schedules for adoption. 

4. Where the costs of executing contracts entered into in the 

Rubber Footwear Industry prior to July 1, 1933, are increased by the 

application of the provisions of the National Industrial Act and this 

Code, the prices specified in such contract shall be increased to reflect 

such increased costs and shall be paid by the Purchaser. 

SECTION IX-TRADE PRACTICES 

1. No goods will be sold under any conditions on consignment to 

any classification of account. 

2. No order except a detailed order with specified shipping date 

will be accepted. 

3. No contracts shall be made that do not provide for change of 

prices without notice. Where change of price occurs at the start of 

the season (as determined by the Footwear Division of the R.M.A.), 

it becomes effective as to shipments immediately. Where change of 

price occurs during consmning season (from September 1st to start 

of season on Waterproof goods, from March 1st to start of season on 

Canvas goods), all shipments made thereafter must be at new prices 

except orders on band, shipment of which can be completed within 

30 days after effective date of price change except that such 30-day 

period must not extend beyond the start of the next season. Where 

change occurs during advance order season, all shipments thereafter 

must be at new prices except orders on hand, shipment of which can 

be completed within 30 days after the start of the consuming season. 

4. No special terms, secret rebates, irregular credit exchanges or 

returns, advertising or other allowances of any nature whatever 
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beyond the established prices and discounts, if any, for any class of 

trade shall be made. All so-called premiums when distributed with 

the Industry's merchandise shall be sold at cost plus handling charges, 

and a minimum profit of 10%. 

5. Violations of any schedule as filed with the Rubber Manufacturers Association, Inc., as provided herein shall be deemed a 

violation of the Code of Fair Practice of the Rubber Footwear 

Industry and subject to such penalties as provided in the National 

Industrial Recovery Act. 

SECTION X-ENFORCEMENT OF CODE 

There shall be a committee representative of the Industry whose 

duty it shall be, in order to effectuate this Code in reference to alleged 

violation thereof, to investigate and inform the Administration on 

behalf of the Rubber Footwear Industry of any such violation. And 

all members of the Industry agree to open their records and correspondence to an auditor of the Rubber Manufacturers Association for 

the purpose of such investigation. 

SECTION XI-ALTERATION OR AMENDMENT OF CODE 

1. Any addition, alteration, or amendment of this Code which has 

had the approval of 75% of the Footwear Industry's membership, 

providing such members shall represent at least 50% of the Footwear Industry's volume, shall be presented to the President of the 

United States or the proper Administrative Agency under him for 

approval, and if approved, shall become a part of this Code, effective 

2-s of the date of such approval. 

2. In the event that any specific provision of this Code is declared 

invalid or unenforceable, all remaining provisions shall nevertheless 

continue inf ull force and effect, the same as if they had been separately 

and individually presented for approval and approved by the President 

of the United States. 

3. As provided in Section 10 (b) of Title I of the National Industrial 

Recovery Act, the following provision is embodied in this Code: 

"The President may from time to time cancel or modify any order, 

approval, license, rule, or regulation issued under Title I of the 

National Industrial Recovery Act." 

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