Approved Code No. 372 Registry No. 928-273 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

SHOE REBUILDING TRADE 

AS APPROVED ON MARCH 27, 1934 

BY 

PRESIDENT ROOSEVELT 

WE 00 OUR PART 

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U NITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHI NGTON : 1934 

For sale by the Superintendent o f Documents, Washington, D .C. - - - - - - - - P rice 5 cents 

V 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D.O., and by district offices of the nurcnu of 

Foreign :ind Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COl',11\'IERCE 

Atlantn, Ga .: 504 Post Office Builllillg. 

Birmingham, Ala.: 257 Federnl Building. 

Boston, 1\Ia · ·. : l uOl Ou tornhouse. Buffalo, N.Y.: Chamber of Comm2rce Building. 

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Chier.go, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio: Chamber of Commerce. 

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Houston, Tex. : C!rnmber of C mmerc Building. 

I ndianapolis, Incl.: Chamber of Commer e Bnilcling. 

Jack onvillr, F la.: Chamber of Commerce Bui1din6. 

Kansas City, Mo. : 1028 Baltimore A venue. Los Angel , , Calif. : 1163 South Broadway. 

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St. Louis, Mo.: 50G Olive Street. 

San Francisco, nlif.: 310 Customhouse. Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 372 

CODE OF FAIR COl\'IPET!TION 

FOR THE 

SHOE REBUILDING TRADE 

As Approved on March 27, 1934 

BY 

PRESIDENT ROOSEVELT 

EXEC TIVE ORDER 

C oDE OF FAIR Col\IPETITION FOR THE SHOE REB ILDING TRADE 

An application having been duly made, pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for my approval of a Code of 

Fair Competition for the Shoe Rebuilding Trade, and hearings 

having been held thereon and the Admini trator having rendered 

his report containing an analysis of the ~aid Code of Fair Competition 

together with his recommendation and findings -n·ith r espect thereto, and the Ad.mini trator having -found that the said Code of Fair 

Competition complies jn all re. pects with the pertinent provision 

of Title I of said Act and tha t the requirements of clau es (1) and 

(2) of sub ection (a) of Section 3 of the said Act have been met: 

NO"\iV, THEREFORE, I, Franklin D. Roosevelt, President of 

the United States, pur uant to the authority vested in me by Title I 

of the National Industrial Recovery Act, apprm eel June 16, 1930, 

and otherwise, do adopt and approve the report, recommendations 

and findings of the Administrator and do order that the said Code 

of Fair Competition be and it is hereby approved, subject to the 

following condition : that the provision of Article VI, Section 6, 

subsection (i), be stayed until the Administrator, after further 

study and a public hearing, shall order otherwise. 

Approval recommended: 

H GH s. JOHNSON, 

Adniinistrator. 

THE WHITE HousE, 

Marcl1J f7, 1934. 

FRANKLIN D. ROOSEVELT. 

49139°--425-164-34 (593) 
LETTER OF TRANSJ\1ITTAL 

The PRESIDENT, 

The White House. 

Sm: The I-Iearing on the Code of Fair Competition for the Shoe 

Rebuilding Trade was held at the Raleigh Hotel, Washington, D .C., 

on January 9, 1934. 

The Code which is attached was presented by duly qualified and 

authorized representatives of the Trade complying with statutory 

requirement ·, aid to represent over sixty percent of the Trade in 

number and a larger proportion in volume of bu iness. 

In accordance with the customary procedure, every one pre~ent who 

had filed a request for an appearance was freely heard in public, and 

all tatutory and reo·ulatory requirements were complie l with. 

THE TRADE 

There are about 0,000 members of the Trade and about 40,000 

em.ployees. The Trade is characterized by mall e tabli hments of 

which the majority employ no workers, and is at pre ent in an 

extremely disorganized condition. 

During recent years increasing competition has been offered to the 

one-man shops by chain stores. These latter have in general been 

able to materially undersell their competitor . The one-man shop 

has found it Yery difficult to meet this form of competition, ,,ith the 

result that a large proportion of them are heavily in debt. 

It is estimated by the Research and Plannino- Divi ion that 

employment in this Trade at the present time show-· no material 

decrease from the number employed in 1929, although the \i'ages 

paid haYe in most case been redncecl from the 1929 leY 1. 

WAGES 

]\Iinimum ,yao-es under thi Code are e...;tabli heel at hY nt} d llars 

($20.00) per week for shoe rebuilders and at fifteen dollars (. 15.00) 

per week for all other employee , except bootblacks, in cities of 500 -

000 population or more. Differentials are provided for place of 

.'maller 1Jopulation. The minimum wao- for bootbla k i · e tabli. heel at si~· dollars ($6.00) per week in a lclition to tip-, in all 

pla es r egarclle. of population. Thi. minimum for bootblack will 

repre ·ent in many ca . e.- a • ub. tantial increas in com pen ation, a 

in many ca.-cs the. e cm1 loyee. hav been 1Yorl ing without an} fixed 

wage wlrntever. 

It is belie,·ed that the wage e.-tabli:he l in th od will mat riall · 

incr 'ase employ e ·' mpensation. 

Th0 Code al.· pr vid 0 s that. wage,· above the n inimnm shall n t 

be red 1 eel Le a use of the re lnction f \YOrking hour . 

(594) 
595 

GENERAL 

Repre. entation on the Code Authority 1s provided for all members of the Trade. 

Trade Practice Provision have been incorporated to eliminate 

unfair trade practices. 

The Code provides for the establi hment of minimum prices for 

the variou services r endered. I feel that this provision should not 

become effective until after adequate tudy, and I recommend, theref?re, that your Executive Order stay the application of that provis10n. 

FINDINGS 

The Deputy Administrator in his final report to me on aid Code 

having found as herein set forth and on the basis of all the proceedings in thi matter; 

I find that: 

(a) Said Code is well de igned to promote the policie and purposes of Title I of the National Indn. trial Recovery Act, including 

removal of ob tructions to the free flow of interstate and foreign 

commerce which tend to cbminish the amount thereof and will provide for the general welfare by promoting the organization of 

industry for the purpo e of cooperative action among the trade 

group , by indu cing and maintaining united action of labor and 

manaO'ement un l r adequate governmental ·anction and supervi ·ion, 

by eliminating unfair competitive practice , by promoting the fullest 

possible utilization of the present productive capacity of industries, 

by avoiding undue restriction of production ( except a may be 

temporarily require l) , by increa ing the con umption of indu trial 

and agricultural pro lucts through increa ing purcha ing power by 

reducing and r lieving unemployment, by improving standard· of 

labor, and by otherwise rehabilitating industry. 

(b) The Code as approved complies in all re pects with the pertinent provi ions of said Title of said Act, including without limitation 

Subsection (a) of S0 ction 3 Subsection (a) of Secti n 7, and Subsection (b) of Section 10 thereof; an l that the applicant as ociations 

are trade associations truly representative of the aforesaid Trade; 

and that aid a · ociation irn1:,ose no inequitable restriction · on 

admis ion to membership therein. 

( c) The Code is not designed to and will not permit monopolies 

or monopolistic practices. 

( l) The Code is not de igned to and will not eliminate or oppress 

small enterprises and will not operate to di criminate against them. 

( e) Those engaged in other steps of the economic process have 

not been depri, eel of the right to be heard prior to approval of said 

Code. 

Accordinaly, I hereby recommend the approval of the Code of 

Fair Competition for the Shoe Rebnilding Trade. 

Resp€ctfully, 

MARCH 26, 1934. 

HUGH s. JOHNSON' 

Adm,inistrator. 
CODE OF FAIR COMPETI TI ON FOR THE SHOE 

REBUILDING TRADE 

ARTICLE I -PURPOSE 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provi ·ions are establishe l as a Code 

of Fair Competition for the Shoe Rebuilding Trade, and shall be 

the standards of Fair Competition for such Trade and shall be binding upon every member thereof. 

ARTICLE I I-DEFINITIO:N s 

1. The term " Shoe Rebuilding Trade ", as u ·eel herein, means the 

repairing, rebuilding, and remodeling of any an l all kin ls of footwear and the performance of all ·work incidental thereto. 

2. The term '" member of the Trade ", a u ·eel herein, m ans any 

individual, partnership, association, corporation, or other entity engaged in the Trade, either as an employer or on his or its OvYn behalf. 

3. The term "employer", a· used herein, means anyone by whom 

any employee is compen ated or employed. 

4. The terin "ownership-employee", as used herein, mean · the 

owner of a shoe rebuilding shop ,vho employs no one and who himself 

engages in the operations and processes of shoe rebuilding. 

5. The term "employee ', as u eel herein, means any nnd every 

person engaged in the Trade in nny capacity who receiv compensation for his services, irrespective of the natur or method of payment 

of such compensation, except a memb 0 r of the Trade. 

(a) The term "shoe rebuilcler ", as used herein, menns any person 

engaged in the rebuilding of footwear. 

(b) The term "executive", as used herein, meanc any employee 

solely respon ible for the management of a busine ·s or of a recognized 

subdivision thereof. 

(c) The term "bootblack", as used her in, mean,· any per on 

solely engaged in cleanino" and poli ·hin er shoes and kin lrecl per ·onal 

services. 

6. The term "retail outlet", as nserl herein, means all places of 

business where the ervices of the Shoe Rebuildino· Trade are offered 

to the public, whether the so.me are operated exclu i-vcly as hoe 

rebuilding shop or as department of other estn bli hm nt. . 

7. The term "Code Authority", a u eel herein, mean.· the ational Administrative AO' ncy of the Shoe Rebuilding Trade a 

E'stablished in Article VI of thi Code. 

8. Th term "Pre ident ", "A t' an l "Admini trator . a u ·eel 

herein, mean r pectiv ly the Pre ident of th nit cl tatr , Title I 

of th National Industrial Recovery Act, an l th A lmini. ·trator f r 

Indn trial R covery. 

(596) 
597 

9. T he term "trade area" as used herein, means any area designated as a trade area by the Code Authority and approved by the 

Administrator. 

10. Population for the purpose of this Code ·hall be determined 

by reference to the 1930 Federal Cen us. 

ARTICLE III-Houns 

1. No employee shall be permitted to work in excess of forty-eight 

( 48) hour in any one week or eight ( 8) hours in any twenty-£ our 

(24) hour period beginning at midnight, except on Saturdays and 

days preceding legal holidays, in which event employees may be 

permitted to work not more than ten (10) hours. Within ninety 

(90) days from the effective date of this Code the Code Authority 

in cooperation with a representativ of labor appointed by the 

Administrator on recommendation of the Labor Advi ory Board 

shall make recommendation to the Administrator after a tudy, 

looking toward a shortening of the maximum hours provided in 

thi Article. 

(a) The maximum hours fixed in the foregoing paragraph hall 

not apply to executives who are regularly paid a alary of $35.00 

or more per week in cities of 500,000 population or more and their 

1rad areas, or $32.50 or more per week in citie between 100,000 

and 500,000 population and their trade areas, or $30.00 or more per 

week in cities of less than 100,000 population and their trade areas. 

2. Notwithstanding the exemption from maximum hour provide l by section 1 (a) of this Article, such exemption shall not in 

any case apply to more than one w·orker to eYery ten (10) workers 

or major fraction thereof, proYicled that any hop may have at lea t 

one such worker. For the purpose of this section, the, word 

'· worker ' . hall be deemed to include employees, employers, owners, 

managers, and per ons not r eceiving monetary wages, when uch 

per. ons are actually engaged in any work other than of an exclusively managerial or supervisory character. 

3. No retail outlet or ·hop . hall r emain open or be operated on 

Sundays or on National, State, or local holidays, or in excess of 

ixteen (16) hour · on any Saturday, or in exc 0 s of twelve (12) 

hours on any other day, or in exce of sixty-three (63) hour per 

week; provided, however, that where a member of the Trade is 

operating in a department store as a department of such store and 

such department tore in compliance with the retail code operates 

a greater number of hours then such member of the Trade may 

comply with the hours of the department tore and the other members of the Trade in the ame local trade area may remain open the 

same number of hours ; and provided further that when a day of the 

week other than Sunday i recognized as the Sabbath by a member 

of the Trade, and such member of the Trade regularly keeps his 

place of business closed on such day , such place of business may remain open and be operated on Sunday subject, however, to state 

and local laws and or linances. 

4. No employee shall be permitted to ·work more than ix da:ys in 

any seven day period. 
598 

5. No employer . ·hall knowingly permit any employee to work-for 

any time which "TT"hen totaled with that already performed with anotl1er employer, or employers, exceeds the maximum permitted 

her ein. 

ARTICLE IV-MrNIMUl\f VV AGE 

1. No c:hoe re builder shall be pai,l at le . than the following rates : 

Per week 

Zone 1: Citie of 500,000 populati n or more and their trade areas ______ $20. 00 

Zone 2: Cities of between 100,000 and 500,000 population, not cov red 

by Zone 1, and their trade a reas--------------,-------------------- 17. 00 

Zone 3 : Cities of re ·s than 100,000 population, not covered by Zones 1 

nm1 ~, and their trade area. --------------------------------- --- -- 15. 00 

2. No other employee, except bootblacks, shall be paid at les than 

the following rates : 

Per weelc 

Zone 1 : Cities of 500,000 l)opulation or more anc1 their trade areas ____ $16. 00 

Zone :.! : Cities of b'etween 100,000 and 500,000 population, not cover ed 

by Zone 1, a ncl their trade area.s __ ____ __ ,_________ ___ ______ ____ ____ H . 00 

Zone 3: Cities of less t han 100,000 population, not covered by Zones 1 

a nd~. a nd their trade a rea~-------------- -------- ----------- - ---- 13.50 

3. No bootblack shall be paid at le ·s than the rate of $6.00 per 

w ek, in addition to any tips or other gratuitie received. ,vithin 

ninety (90) day · from the effective date of t his Code, the Code 

Authority in cooperation with a representative of labor appointed 

by the Administrator on -recommendation of the L abor Advisory 

Bo::ird ·hall 11 ake recon mendations to the Admini 'trator, after a 

study, as to a modification o:f this section nece.., ary to proYide a :fair 

and equitable wage to bootblacks. 

4. This Article establi ·hes minimum rates o:f pay which hall 

apply regardle of whether an employee i · a tually compensated on 

a time rate, piece work, or other ba is. 

5. rJ o member of the Trade, by r ason of the adoption of this 

Code, shall reduce an employee' total weekly compensation (based 

on the :four-week period prior to June 16, 1933), ,\hether ba eel nan 

hourly, weekly, or other rate, notwithstanding the :fact that the hours 

of work of such employee may be reduced herenn ler. 

6. No part-time employee hall be paid nt les · Jrnn the rate o:f 

fifty cents ( 50¢) per hour. 

7. F male employee performing ubstantially t he . am work as 

male employee ·hall recei,Te t he ame rate of pay a. male employee . 

8. Employer · . ·hall make payment of all wages and salarie due in 

lawful currency or by negotiable check t herefor payab] on dcman l. 

"\Vages ancl salarie. · shall be xempt from any pa, rments or cha r ae 

what.-oever other than those voluntarily pail by the employ or 

required by law. Employer shall ao-r e with employ e not to withhol l wage.- or salarie. ·, an l to pa3 ·wage. a lea t at the ncl of Yery 

two weeks' period, and ·alaries at 1 a t at the encl o:f eYer · month. 

The employer or hi· agent :hall acce1 t n rebnte directly or 

inclir ctly on s11 h wage or giv anythino- o:f Yalu or xt ncl f,1Yo r·· 

to any p r n for the purpo ·e o:f influ ncjng r< te.~ of v1ng ~ or th 

wol'king onclitjons of his employee . 
599 

ARTICLE V - GENERAL L \DOR Pnonsrox s 

1. No person under 17 years of a o·e shall be em ployed in the Trade 

except bootblacks, who may be employed if 16 years of _age ~r ove~·· In any '.tate an employer hall be deemed to have complied with this 

provision if he shall have on file a certificate or permit duly signed 

by the authority in uch state empowered to i~ uc employment certificates or permits, showing that the en ployee is of the required age. 2. Employees shall have the right to organize and bargain collecti, ely through repre entatives of ~heir own ch?osing, and hall be 

free from the interference, restraint, or coerc10n of employers of 

labor, or their agents, in the designation of such representative or 

in self-organizat10n or in other concerte 1 activities for the purpose 

of collective bargaining or other mut ual ail or protection. 3. No employee and no one eekino· employment shall be required 

as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organizabon of 

hi-. own choosing. 

4. Employers shall comply ,Yith the maximnm hours of labor, 

minimum rates of pay, and other condition of employment a1 proved 

or prescribed by the P resident. 5. \Vithin each State this Code shall not snp"rsede any law of 

such State imposing more trin°·ent requirements regulating the ages 

of employees, 11ages, hours of work. or . afety, health, or general 

working conditions than are imposed under this Code. 

6. Employers shall not recla sify employees or lutie · of occupa- tions performed by employee.: or engage in any other subterfuge, 

so as to defeat the purpo es of the A t or of thi · Code. 7. E ach employer shall po t and keep paste l in ten-point type 

or larger a complete copy of this Code, and the name and address 

of the nearest official place where code Yiolations may b reported, in Eno·li.,b and such oth r languages as the employee may need to 

understand it, in conspi uous places r"aclily acce. sible to the 

employee . 

8. An employee hall be paid at lea t his full r ate of pay for all 

tim required to be pent at the place of employment or in c nnection with the discharge of dutie of such employment. 9. No ,employer shall contract his work to any person to be done 

except when . ·uch per on is subject to the prmTisions of thi Code or 

the Code adopted for the trade or indu try coYering such work. 

10. It i. not the intention of this Code to modify e t.ablished practices or privileges a to vacation period or sick leave. 

11. No employee shall be dismissed by reason of making a compl aint or giving eYi lence with respect to a Yiolation of this Code. 12. E, ery employ r hall make reasonable provision for the safety 

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

their employment. Stan lards for afety and health . hall be ubmitted by the Code Authority to the Administrator for approval 

within six months after the effective date of thi Code. Upon approYal by the Admini trator, such tanclards shall become operative 

as a part of this Code. 
600 

AnnCLE VI-An:i\IINISTRATION 

To further effectuate the policy of the Act, a Code Authority 1s 

hereby constituted to administer this Code. 

1. 'l'he Code Authority shall consist of from five ( 5) to seven (7) 

representatives of th~ Trade ( who shall b 0 members of the Trade) 

or such other number as may be approved from time to time by the 

Administrator, to be selected a hereinafter provided, and such additional persons not to exceed three (3), ,vithout vote, as the Administrator may appoint to represent such groups or interests or such 

governmental agencies as he may designate. 

(a) Five (5) members of the Code Authority shall be selected in 

the following manner: The Board of Directors of the National Association of Master Shoe Rebuilders ·hall elect one (1); the Board of 

Directors of the National Shoe Re builders Association of America 

shall elect one ( 1) ; the Board of Directors of the American Federation of Shoe Repairers, Inc., shall elect one (1); the Board of Directors of th-- New England :Master Shoe Re builders Association shall 

elect one ( 1) ; and the Board of Directors of the As ociated Shoe 

Repairers of America shall elect one ( 1). 

The foregoing fi vc ( 5) member shall be elected on or before the 

effective date of this Code, and shall hold offi ce for one year and 

thereafter until their successors are elected ; their . ucce sors shall 

be elected for a term of one year. Elections of successors ( which 

may include reelection of original member. ) shall be made, and 

Yacancies for un xpired terms may be filled, in th same manner 

and by the same agencies as the original elections. 

(b) Two ad litiona.l member of the Trade, who are not members 

of any of the five associations mentioned aboYe, may be appointed 

members of the Code Authority by the Admini trator or selected 

in a m::mner prescribed by him. 

2. Each trade association directly or indirectly participating m 

the selection or activities of the Code Authority shall: 

(a) Impose no inequitable restrictions on membership. 

(b) Submit to th e Administrator true copie,· of it article of 

association, bylaws, regulations, and any amendment when made 

thereto together with . uch other information as to membership, 

organization, and activities as the Administrator may <teem neces- sary to effectuate the purpo e. of the Act. 

3. In order that the Code Authority shall at all time be truly 

representative of the trade and in other respect comply with the 

provisions of the Act, the Admini trator may provide uch hearings 

as he may deem propBr and thereafter if he hall find that the Code 

Authority is not truly representative or doe not in other re pect 

comply with the provisions of the Act, may require an approprinte 

modification in the method of selection of th Code Authority. 

4. Members of the Trade hall be entitled to mak u. e of the 

National Recovery A lmini tra tion Code In ignia for aid Tra 1 an 1 

to participate and c::hare the benefit of the a tivitie of the Co 1e 

Authority by as enting to and complying with the r eqnir m nt f 

this Code and su taining their rea. onable shar of the xpcn e of 

its administration. 
601 

5. (a) Nothing contained in this Code shalJ constitute th members 

of the Code Authority partners for any purpose, nor shall any 

member of the Code Authority be liable in any manner £or any Act 

of any other member, officer, agent, or employee of the Code Authority, nor shall any member of the Code Authority exerci ·ing 

reasonable diligence in the conduct of hi · duties hereunder be liable 

to any one for any action or omission to a -t under the Code, except 

for his own willful mis-feasance or non-feasance. 

(b) The Code Authority and each local Administrative Board, 

established pursuant to the provisions 0£ Section 6, subsection ( e) of 

this Article may, upon subm.ission to and approval by the Administrator of its proposed certificate of incorporation and by-la"Ws, incorporate under the laws of any State in the United States or of the 

District of Columbia. The powers, objects, and purposes of said 

corporations shall in all respects be limited to the powers, objects, and 

purposes of the Code Authority for the Shoe Rebuilding Trade and 

the local Administrative Boards of the Shoe Rebuilding Trade as 

provided in this Code, and the exi -tcnce of the corporation shall be 

for the duration of this Code. 

6. The Code Authority shall have the following po~ers and duties 

to the extent permitted by the Act. 

( a) It shall insure the execution of the provisions of this Code; 

and provide subject to rules and regulations established by the Administrator, for the compliance of the Trade with the provisions 

of the Act. 

(b) It shall adopt bylaws and rules and regulations for it procedure and for the administration of the Code, in accordance with 

the po,Yers herein granted, and submit the same to the Adrn.inistrator for his approvaJ, together with true copies of any amendments 

or additions when made thereto, minutes of meetings when held and 

such other information as to its activities as the Administrator may 

deem necessary to e:ff ect the purposes of the Act. 

( c) It shall di, ide, and, if necessary, sub-divide t he United States 

into such regions and local areas as, in its judgment, will best facilitate the admini tration of this Code, subject to the approval of the 

Aclminj stra tor. 

( l) It shall create as an agency of the Code Authority local Joint 

Indu trial Relations Boards consisting of an equal number of repre entatives of employers and employees, and an impartial chairman 

deetecl by the :Members of the Board, to deal with all matters in the 

Code relating to hours, wages, and general labor provisions. The 

designated employee · representativ·e · shall be truly representative 

of the employees 0£ the trade and chosen by such employees. 

( e) It shall e tablish and appoint local Shoe Rebuilding A lministrative Boards for ach such region or local area and delegate to 

such administrative boards any of the power and duties repo eel in it 

by this Code with respect to such regions or local areas, such ac\m}nistrative board to be representative of the several groups comprising 

the Shoe Rebuilding Trade in its region or local area, and, where n, 

representative consumers' organization exi ts in such region or local 

area, to include a representative of such organization without vote; 

provided, however, that nothing herein shall relieve the Code 

Authority of its responsibilities under this Code. 
602 

(f) It ·hall requsest the United States Bureau of Standards to 

d(lfin e tandards of quality of such materials as the Code Authority 

may deem neces ·ary and to describe such standards of quality in 

term intelligible to the public. vVhen such standards have been 

defined and described by the United States Bureau of Standards, 

and approved by the Administrator, such descriptions shall be uc:ed 

by all members of the Trade in elling or offering for sale any 

services in which the material defined is u ·ed. (g) It shall pre cribe uniform hours for opening and closing of 

retail outlets for each region or locality, with due ·regard for the 

needs and customs of such regionn and localities, subject to the approval of the Administrator; provided, however, that where a member of the Tr ade is operating a · a department of a department store 

and such store is observing certain opening and closing hours in 

compliance with the Code of Fair Competition for the Retail Trade, 

then such member of the Trade may be permitted to observe the 

same hours a the department store, and all other members of the 

Trade in the ame local area may observ the same hours for opening 

and clo ing. (h) It shall• cause to be formulated an accounting ystem and 

methods of co. t fi nding or estimating capable of use by all members 

of the Trade. After such system aud methods have been formulated 

and approYecl by the Administrator, full details concerning them shall 

be made aYailable to all members. Thereafter all members hall determine or estimate co ·ts in accordance ,vith the principles of such 

methods. 

( i) It shall establish and prescribe, after clue notice to members of 

the Trade and to representatives of consnmers and other affecteJ by 

this provision and a public hearing in each r egjon or local area at 

,Yhich representative · of con umers and other groups affected ther eby 

shall be o·ive11 an opportunity to be heard, fa ir and reasonable minimum wholesale and retail prices by regions ancl / or local areas, for 

the several ervices compri ed within the definition 0£ the Shoe Re- building Trade; such minimum whole ale and retail prices to be 

sufficient to provide for carrying out the purpose of the Act, to enable the Trade to maintain the payment of at least minimum wages 

herein e tabli heel and other wao·e · properly based thereon, the furnishing of taLle employment necessary to maintain the Trade, and 

such other con. ·iderati.ons rea onably pertinent thereto. I n the event 

that 25 % of the member of the Trade in any reo-ion and/ or local 

area -voting in accordance with a fair method of voting approved 

by the Adrnini trator obj ct to any price so establi hed, su h price 

shall be automatically suspended until a further hearing an l re tudy 

can be arranged. Prices . o e tabli heel shall be the lowe t rea onable 

cost of the service in such region or local ar a. The element of uch 

cost shall be cletermine<l by the Cod Authority subject to t he approval of the Administr ator. Such prices hall becom effectiYe ur on 

approval of the A lmini trator after clue notice and a l ublic hearing 

on . ·u h prices. 

Any minimum pri e. thus e tablishecl ma. from time to time be 

increa ·e 1 or decrea eel, a or ling to changino condition , by the 

Admini trator after u h hearing a.· h may deem nc e ary. 
603 

Immediately after any such prices, increa e~, and/or reductions 

have been approve l by the Administrator, the Code Authority ·hall 

take such . teps a"' are reasonably calculated to notif. all member of 

th Trade thereof, that such pric s, increa e · an 1/or reductions ·hall 

go into effect upon. uch date or dates as the Code Authority shall fix. 1 

(j) It hall c1et rmine, on the basi of volume of business and/ or 

such other factors a. may be deemed equitable to be taken into consideration, an l ·ubj ect to the approval of the Aclmini trator, the reac:onable ·hare of the expense of aclmini tration ( including the expen es of all regional and local Aclmini tratiY Board ) for each of 

the groups of members of the Trade repre. ented on the Code Authority and the rea onable share of ea h member within each group, 

receiYe such payments either directly or throuffh the association· 

representing the severa l gronp-, and make .. :n h clisbur!:iements and 

such distribution of the proceeds of uch pavment as arc found 

necessary to meet the expens 0 ~ of administration. 

(k) It ·hall obtain from member. of the Trade such information 

and r eports as are required for the administration of the Code. and 

it shall provi le for ubmi sion by members of uch information and 

report a the A lmini -trator may deem nece ary for the purpo e 

recited in Section 3 (a) of the Act, which information and reports 

shall be submitted by member. to uch admini tratiYe and/or goYernnient UO'encie a the Admini trator may de ignate; provided that 

nothing in this Code shall relieve any member of the Trade of any 

exi ting obligation to furnish r eports to any Government n.g ncy. 

No indiYiclual r 0 ports shall be di close-:1 to any other member of the 

Trade or any other party except to uch Governmental agencie. as 

may be directed by the Admini trator. 

(l) L pon it · own initiatiYe or upon complaint of any per ·on 

affected, it shall make inYestigation a. to the functioning and ob crv- an e of this Code, and report the result of such inYe tigation to the 

Admini trator. 

(m) It shall cooperate with the \..clmini trator in the e~ tablishment of an adYi ·ory council' for all service trades con ider and advise 

with the Admini trator on matters of concern to two (2) or more 

service trades operuting under eparate Code of Fair Competition, 

and shall appoint a repre entatiYe of the Shoe Rebuilding Trade to 

such adYisory council. 

(n) It may initiate, consider, and make recommendation for the 

modification or amendment of this Code, which upon approval by 

the Aclmini ·trator . hall become operative as a part of this Code. 

( o) It may u ·e uch trade as ociation and other agencies as it 

deem proper for the carrying out of any of its activities provided 

for herein and pay uch trade association and agencies the cost 

thereof, provided that nothing herein shall relie, e the Code Au-• 

thority of it· dutie or re ponsibilities under this Code and that 

such trade a ociation and agencies hall at all time be ubject to 

and comply ,vith the provi ·ions hereof. 

(p) It ~hall coordinate the admini tration of this Code with . uch 

other ode., if any, as may be related to the Trade. 

7. If th Admini trator hal1l letermine that any action of a Code 

Authority or an 1 agency thereof may be unfair or unjust or contrary 

1 Sec paragraph :! of onJcr appro,i11g this Code. 
604 

to the public in•· r t, the Administrator may require t hat such action 

be suspended to afford nn opportunity for investigation of the merits 

of such action and further consideration by such Code Authority or 

agency pending final action which shall not be effective unless the 

Administrator approYe, or unless he shall f ail to disapprove after 

thirty days' notice to him of intention to proceed with such action 

in its original or moclified form. 

AnncLE VII- TnADE P nACTICES 

The following practice , by any member of the Shoe Rebuilding 

Trade, con -titute unfair methods of competition and ar e prohibited : 

1. 21fisleaclin,q Advertising.-The us of ( or participation in) the 

publication or the broadcasting of any untrue, deceptive, or misleading tatement, representation, or illustration, in connection with and 

for the purpose of furthering the sale of shoe rebuilding service. 2. Defamation 01· Disparagen1. nt of Competit-ion.-T he false imputation to competitors of dishonorable conduct, or inability to per- form contracts, and/ or poor or questionable credit standing and false 

representation concerning the gra le or quality of the ervice rendered 

by competitors. 3. Unclerscllin.g Olaim.,'i .-Acherti. ing which inaccurately announces or lays claim to a policy or continuing practice on the part 

of the advertiser of generally or regularly nndersellinrr competitors. 

4. llf isleading Gual'antees.-Guarantees ,Yhich are not specific as to 

the nature and extent of the guarantee or which for any reason are 

unenforceable again t the guarantor. 5. Misrepresentation of Pl'ices.-Repre ·entation of any prices 

and/ or credit terms as '' . pecial when they are in fact the regular 

prices and/ or credit terms of the person makin52' . uch representation. 

6. Unfair Jllerchandising Deviccs.-(a) The payment of a commission or any other consideration to anyon not a member of the 

Trade nor regularly employed by a member of the Trade, for the 

solicitation or procuring of hoe repairing. 

(b) The u e of lotteries. (c) The uc:e of coupon book · and di ·count coupons. The proYisions of this paragraph shall not, hmY ver, prohibit (1) the u ·e of 

coupon book discount coupons, premiums or certificates by a member of the Tra 1e who Yrns n. ing such coupon book , di count coupon , pr2mium or certificates on the date of approval of thi ode, under 

a uLsisting and binding contract with a per on not a member of the 

Trade, but only until the expiration of such contract, or (2) the u e 

of coupon books or of discount oupons provided all of the members 

of the Trade doing busine s in the ame local area agree to uch u e, 

or (3) the u e of tra ling stamp by a memb 0 r of the Trade who i 

operating as a department of a store when uch lepartment tore 

nses trading stamp for all it departments, but in such _ a ·c no member of the Trade may a lverti e the u. e of uch trading tamp.·. In the event that such a member makes u ·e of tra lina tamp then 

all other member of the Trade in the same local ar a may al o u. e 

trading stamp · if they de ire. 

7. Add d liarges.-The att mpt to ecure an ad litional haro·e 

for work performed other than that actually authorized b the 

~u. tomer. 
G05 

8. Leasing space for Shoe Shining.-Leasing or renting or otherwise permitting the use of any part of the premises of a member of 

the Trade for shoe shining, c::o as to defeat the purposes of this Code 

or of the Act. 

9. F1'ee ·w ork.-The furnishing, free, of any services or commodities of this Trade to any one excepting a bona fide charity. 

10. Selling B elow llfinimuni Prices.-The ale, or offer for sale, of 

any shoe r ebuilding service in, or for delivery to, any region or locality, at le s than the minimum price for such services as may be 

established for such l'egion or locality under the provi ions of Article 

VI, Section 6 (i) of this Code. 

11. 111isrep1'esentation of Quality.-The ale, or offer for sale, of 

any service involving the use of materials \Yhose quality is defined 

by the United State Bureau of Standards, without accurately informing the customer, in such manner as may be prescribed by the 

Code Authority, of the true quality of the material as defined and 

described by the United States Bureau of Standards and approved 

by the Administrator. Every member of the Trade shall display 

in a conspicuous place in his retail outlet a printed list, which may 

be easily r ead, of the Yarious qualities of material as defined and described by the United States Bureau of Standard ·. 

12. S elling B elow C'ost.-No member of the Trade shall sell any 

service or commodity of the Shoe R building Trade at a price below 

his own individual cost; provided, however, that any member may 

meet the price competition of any other member whose costs are 

lower. Cost shall be determined in accordance with the method of 

cost-finding pre ... cribed by the Code Authority under Article VI, 

"-- ection 6 (h) of thi Code. 

If minimum prices are established in accordance with the provision 

of Article VI, Section 6 (i) of this Code, the foregoing paragraph 

prohibiting sale below co...:t hall cease to be binding on any member of the Trade. 

AnTICLE VIII-JYioNOPOLrns 

No provi ion of this Code shall be so applied as to permit monopolies or monopoli tic practic" , or to eliminate, oppress, or discriminate against mall enterprises. 

ARTICLE IX-:MomFICATION 

1. This Cod·e and all the pro-visions thereof are expressly made 

subject to the right of the President, in accordance with the proviions of subsection (b) of section 10 of the National Industrial 

Recovery Act, from time to time to cancel or modify any order, 

approval, licen e, rule , or regulation, is ued under Title I of said Act 

and pecifically, but without limitation, to the r~ght of the President to cancel or modify his approval of this Code or any conditions 

imposed by him upon his approval thereof. 

2. This Code~ except as to provisions required by the Act, may be 

modified on the basis of experience or changes in circumstances, 
GOG 

ll l II llllll Ill Ill lllll lllll II IIII IIIIII Ill lllll llll II 11111111111 

3 1262 08852 5430 

such mo~lifi ation. · to be bas 0 d upon appli 'at ion to the Administrator 

and such J1oticc an l h arjng a he shall pecify, and to become 

fi'e ti ,·e on approval of t he Admini -trator. 

A nnc LE X-EFFECTIVE DATE 

The effective date of thi · Code shall be the econd Monday after 

approval by the Presid nt. 

Approved Co11 e No. 372. 

Hegi.- try l\o. 028- 273. 

0