Code of fair competition for the photographic and photo finishing industry as approved on March 23, 1934 by President Ro...

MISSING IMAGE

Material Information

Title:
Code of fair competition for the photographic and photo finishing industry as approved on March 23, 1934 by President Roosevelt
Portion of title:
Photographic and photo finishing industry
Physical Description:
p. 449-465 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Photographic industry -- Law and legislation -- United States   ( lcsh )
Photochemistry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1650-17."
General Note:
"Approved Code No. 362."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004937729
oclc - 648772451
System ID:
AA00006445:00001

Full Text




NATIONAL RECOVERY: ADMINISTRATION



CODE OF FAIR COMPETITION~



]PHOTOGR~APH~IC AND

PHOTO FINISHING INbiUSTRY


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


Approved Code No. 362


Registry No. 1650--17


AS APPROVED ON MIARCH 23, 1934
BY
PRESIDENT ROOSEVELT


UNITED STATES
GOVERNMENT PRINTING OFFICE~
WASHINGTON: 1954





















This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washmngton, D.C., and by district offices of the Bureau of Foreign
and Domestic Commeree.
DISTRICT OFFICES OF THE DEPARTMENT OF COMhMERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingbam, Ala.: 257 Federal Building.
Boston, Mlass.: 1801 Customhouse.
Buffalo, N.Y'.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North W:ells Street.
Clevecland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, M~ich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jack~sonville, Fla.: Chamber of Commerce Building.
K~a~nss City, Rlo.: 1028 Baltimore Avenue.
Los Angeles, Ca2lif.: 1163 South Broadw~ay.
Louisville, KCy.: 408 Federal Building.
Mlemnphis, Tenn.: 229 Federal Building.
M~inneapolis, Mlinn.: 213 Federal Building.
New~ Orleans, La.: Room 225-A, Customhouse.
Newi Y~ork, N. Y.: 734 Cust~omhouse.
Norfolk;, Va.: 4106 East Plume Street.
Philadelphia, Pa.: 422 Comax-crcial Trust Buiilding.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, M~o.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seat tie, Wansh.: 809 Federal Office Building.









Approved. Code No. 362


CODE OF FAIREi COMPETITION
FOR TBE:

PHOTOGRAPHIC AN~JD PHCIOTO FINISHIING
HdINDUSTRY~-

As Approved on M~arch 23, 1934~
BY

PRESIDENT` ROOSEV`CELT


EXECUTIVE ORDER
CODE OF FAIR COMIPETITION FOR THEE PHOTYOGRAPHIO AIND PH-OTO
Fai sNoS1N IN DUSTRY
An application having been duly m~ade, pursuant to andl in full
compliance wcith the provisions of Title I of the Nationatl I~ndustrial
Recovery IAct, approved June 16, 19)33, for my9 approval. of a Code
of Fair Competition for the ]Photogr~aphic sand 1Photo Finishing
Industry, ndr hearings having been held thereon and the Admninis-
trator having rendered hlis report containing an analysis of thie
said Code of 1Fair Competition together with his reconunlendlations
and :findings with respect thereto, and the Admlninist~rator having
found that the said Code of Fair' Comlpetition complies in all respects
with the pertinent provisions of Title I orf said Act and thatt the
requirements of clauses (11) atnd (2) of subsection (ja) of Section 3
of the said Act~ have been met:
NOW, THTEREFORE, I, F~ranklin D. 3Roosevelt, President of
thze United States, pursuanrt to the authorityr vested in me by Title I
of ~thfe National Industrial Recover~y Act, approved June 16, 1933,
andi otherwise, do adopt and approve the report, recommendations
and findings of th Admlinistrator and do order that the said Code
ofl Fair Compe~ttiton be and it is hereby approved ; provided, how-
ever, thast the ~provisions of Article ISect~ionl 3, insofar as they
prescribe a waiting period between the filing with the Code ~Au-
thoarity (iRe actual receipt by the Code Authority) anld th ef-
fective dlate of the revised price lists or revised terms and condi-
tions of sale be and they nar hereby stayed pending further order
of the Administrator for IndustrinI Recovery.
FRLANKLIN D. RtOOSETVTELT.
Approval recommended :
HowH S. JoHNSON,
Adminis~trator.
WAsFrwo-row, D.C.,
March 83, 1934


4830Go--- LL-wl3C----3


(449)








LETTER OF TRANSMITTAL


T~he PRESIDENT,
Th~e Whf~~ite House.

I NTROD C'T ION

Sma: This is the r'epor't of the Adminiistrator to thle Presidlent
on the application for, andic public hearing on, a C~ode of Fair Com-
petition for the Photographic and Photo Finiahingr Indlustry as
propo-ed by two national aIssociations, t~he Photographers' Associn-
tion of Amnerica andl the M\aster Photo F~inishers of A~merica. The
Code as presented heirewith wasj revised by authorized reprlesenta-
tives of the Code Coinuittee in sev-eral conferences follow-ing the
public hearing.
TChe hea~inlg was condluctedl in Washiington on Novemnber 10 and
11, 1933. Every? persorin ho requested an appearance was freely
heard in. accordalnlce writh the statutory andl regulaltor~y r~equiremecnts.
There are b~ut two tr~u~ly national associations! the Phlotogr~aphers'
A-ssociat~i on of Amrfinein, founded in 1880, with a mnembershi p today
of nearly 5,000, and thre Manster Photo Finishters founded in 1.923,
withl a mnemlbership t~odlay of 1,7i21. There ar~e appr~oximately 20,000
units in all branches of t he Photogra phiC-Phloto F~inishling Industry;
w~her~eas a m~ajority reprlesentatio nl of t.he pr~opone~nts is not indicated
inz niumb~er of conicerns., I do not. doubt that the representation in
volume of b~usinress is 75%~ off the Ind~ustry.

DEFINIITION

T~he defi nit ionl of Phlot ogrlph~i e- Ph ot~o Fi nish ing embraces all
type~s of phlot.ogra~phy~ except X-r~ay blue print, p~hotostat, and motion
p~ictur~es. The definition inicludes. c 3 separate Divisions: portrait
photogsraphy! comlmer'cial andl illustrative photograph~ly, and photo-
finlishing. The definition emibraces a productive function as well
as a service. The production andl sale of photographs of natural
persons, properties~, et cetera. for personal as well as for commercial
illustat~ive or professional uses, comprise the. definition of the
p~ortr~ait and commercial dlivision of this Code. The photo-finirshing
division includes the development and/or printing and sale of ex-
p~osed fihnls and, thought p-roductive in a sense, is actually a service
inl the generally accepted mcanling..

ECONOMIIC' AND STATSISTICAL MATERIAL

The combined Phiotogr~aphic and Photo F~inishing Inldustry in
1982~4 furnished emnploymeneit to approximately 34,000 emp~loyees. In
1929, employees nlumlbered 541,000. The total annual sales in the
Industry in 1990 wecre estimlate~d at $199,000,000, while in 1932 the
aggregate sales w\ere b~ut $102,000,000. The tremendous decrease
in sales, approximantely 50% since 1929, can be explained by the fact
(450)





451


that photogranphy in thle mal~in is (excepting,, of course, someIC of its
comnmerecinl aspects) pure~ly a luxury business.
afi~svnrk OF THIE (CODE~

The prop~onents of the Code have establishedl 40 hours per weekr
for all empllloyees ot-her than cameramnen and drivers, who are limited
to 48 hours; and watchmen, man~agerian l capni: i~ y employees, members
workingY in th~eir own behanlf, who are limlitedI to 52 hours; and
outside alesmnen wh~o are without limit. To meett seasonal requjlire-
mnents, there has been provided an. overtime allownnlce of 144 hours
mn any one enkrndorll y\ea providedl that suchl overtime shall be
comlpensated for at not less than onre and one-third times thre norm1lial
hourly r~ate.
Evidence wats 1presentedr at the hearingP to indicate that more
str~ingaent regulations of hours of employees would work a de~finit~e
haordship onz members of the Industry in view of the crisis which
exists in the business at present. In this connection, it should be
rememnber~ed that the ordinary portrait studio is a very small enter-
prise and that the endeavor is to pro-vide ~for regular rather than
fitful employmlent.f
A mlinimlum wage of $15.00) a w~eeki, $14.50 and $14.00 Simlilar' to
the 1President's Rl~teemployment A-'greemnent has b~een established for
all employees xceccpt messengrers and app~lrentices who shall be paid
not less than $12.00 a weeki, and except cameramen and drivers
for whom the minimum wage shall be increasedl proportionately, so
that t~he minimum wFPage for this latter class of workers shall be
not less than 48 times the proportionate hourly rate as set forth in
Article IV, Section 1 of the Code.
It should be noted that the August 1933 empkgmelntlt level had
increased by 2,150 or appr-oximlately TOc. It would seem that this
represents a fair picture of the effect of t~he President's ReemploX-
ment Agreement and wFhile the inlcrease: is not large, nev-erthele~ sm
view\ of the very bad financial condition of the Industry and the
great number of employees who have been carried on the payrolls
in spite! of greatlyv dcr~eased volume, it is believed to be a creditable
showing. jIt is estimated that the ang~e paid tod'ay by the Industry
averages $11.00 per weeki. This figure includes manny delivery boys
and apprenltices who have been paid as low as $5.00 per week. The
operation of the muirirnium wage scale to this canss of employees as
well as those inl the upper brackets will contribute considerably to the
purchasing power deriv~ing from the Inndustry.
The administration of the Code closely follows the lines recoml-
mended by the N.R.AL. Legal D~ivision. The Code Comnmittee is
arranging for the nomination and election of the Industry members
of the Code Aluthor~ity, such arrangements to be completed not later
than 1\fay 15i, 1934, which should allow time for the thousands of
units to become familiar withl the Co~e, and its operation. In th~e
interim, t~he Code Committee for the Photographi'c and Photo Fiin-
ishing Indulstry is servings in thiis capacityJ.
Attention should be called to the Trade Pr~c~tie Section, Article
VIII. Many evils have arisen within the Inldustry. These pertain
particularly to the practice of selling coupons. This mnethod of sale
has resultedt in a h~igh~ pr1esisure type of rolling open to abuse. Cer-




452


tain coupon salesmnen have been knownI to flood a city with their
coupons andJ then dlisapp~ear there- being no studio to which a. pur-
chaser of a coupons may go to completed the contract. Better Busi-
ness Bureaus have adv\ocated on outright prohibition of this method
of sale, hiowever the Cod~e attempts to control and regulate this
method equitably~ (Article V'III, 2 (a), and the entire Schedule B).
Secondly, in many instances, thle soliciting from house to house
method of sale, or the sioliciting of business outside of the trading
area in w~hichI an ow-ner has a p~er~manent studio have at times de-
veloped into an unsaltisfuectory~ situation for thle customer. The cus-
tomer has no definite mneans of gaining satisfaction since the so-called
itinerant photographerr has no permlanenlt studio. This method will
be control~ledl upon the approval of the Code. It. is felt that. methods
have developed within thle Inldustry whlich have been unethical and
which have tendled hitherto to created a loss of faithi by thep consumingr
public in. this business.
The Deputy Admninist~torar in his final report to me on said Code
having found as hereiin set forth andl on the basis of all thle pr~oceed-
ings in thiis matter;
I find that:
(a) $aid Code is ~e~l ldesigrnedl to p~romlote the policies and pur-
poses of T~itle I of thle National Indlus~trial RecoveryS Act, including
:Iemoval1 of obstru~ctions~i to th~e frece flow of int.erstate and foreign
commerce which tend2 to liminiiish the amount thereof and will pro-
vide for thle general welfare by p~romioting thle organization of indus-
tryv for thle purpose of cooperantiveP notion among the trade groups,
by indlucing and manintainiing united actioni of labor andl management
uinrci adeq~ualte grovernmnental sanctions andi supervision, by eliminat-
ing unfair ~omp~etitivc practice, byS p-romoting~ the fullest possible
utilization of the present prodluctiv-e capacity of industries, by avoid-
:ing undue retr-liction~ of production (except as may bie temporarily
required7, by inicrealsing the conlsumptionn of industrial and agrpicul-
tura1l products thlolrough inc'reang;lr pulrchasing power, by reducing
and relievingr unem~loy-ment, by imp~roving! stndards of labor, nan
by otherwise r1ehabilita~ting~ industry.
(b) TChe Code comnplies in all respects with the p~ertinent provi-
sions of saidl Tfitle of said A-ct, includlingr without limitation Subsec-
tion (a) of Section :3. Subsection (a') Of Section 7, anid Subsct~ion (b)
of Section 10 thlereof; and thant tie~ applicant associations are indus-
trial associations truly rep~resenta~t~ive of the aforesaid Indlustry; and
that the said associations impose no inequitable restrictions on admis-
sion to mlembership thereinl.
(c) The Code is not dlesignled to andi will not permit monopolies
or monlopolistic practicee'
(d) The CodZe is not dlesignedl -to, and will not. eliminate or oppress
small enterprises and will not operate to discriminate against them.
(e) Those engaged in other steps of the economic process have not
been deprived of th~e right to be heard prior to approval of said Code.
F~or these reasons, I recommend ap~proval of this Code.
Respec~tfu lly\,
HUGH S. 6OHNSON,
Admnisn2trator.
Af~enanr 21, 1934.














COD>E OF FAIRE COM3PE1~TITION FORC THE PHI-OTO-
GRAtPHCIC AtlND PHIOT`O FINISHING INDUTSTPRY

ARTICLE I-PURPOSE

To effe~ctuat~e thie policies of Title, I of the National Indcustriall
Reco~veryT Act, the following pr~ovisions a~re hereby establishled as a
Code of Fair Competition for the ]Photographic and Photo F~iinish-
ing Industry and shall be binding upon every members thereof.

ARTICLE II[-DEFNITIONS

1. The term Photographic and Photo ]Finishing Industry as
used herein includes the production and sale: of photographic repro-
duct~ions and/or prints, plates, or ~packs, and/or the printing thereof
andr such related branches or subdivisions as may from time to time
be includedl under the provisions of this Code. This term shall not
include blue-printing, phlotostating, X2-raying, and motion p~ictur~s.
The three D~ivisions of this Industry are:
(a) Portrait photogaraphyr, which includes the production, and sale
of photographic reproductions of persons for other than commercial
or professional uses.
(b) Conmmercial photogranphy, which includes; the production and
sale of photographic r~epr~oduc~tions of persons for commercial or
professional uses, properties, chattels, and documents.
(c) Photo finishing, which includes the developmecnt, and/or
printing or eposedpr p-hotorgr~aphic, films, plates, or packs for a con-
sideration.
2. The term "L employee "' as ulsedl herein includes anyone engaged
in the Indlustryi, however comlpensatedt, except anyone in so far as he
is acting as an employer. The term~i employee shall include any agent
or r~epresentative of any member of thre Indcustry irrespective of the
nature of the agIreemnent gover~ning the relationship.
3. The term "employer as used herein includes anyone byT wrhom
any such employee is comnpensnted or employed.
4. The' term "m ember of the Industry ~" includes anyone engaged
in the Industry as above defined, either as an employer or on his own
behalf.
5. The term "( trade area "' as used herein means any area desig-
nated as a trade area by the Code .Authority.
6. The terms '"Preside~nt ","Act"', and "Administrator"', as used
herein, mean, respectively, the Pr~esid~ent of the United States, T'itle I
of the National Indlustrial Recovery Act, and the Admninistraetor for
Industrial Recovery.
7., Population for the purposes of this Co~de shall be d~etermlinedl
by reference to the latest Fed~erall Census.





454


ARTICLE III--Hoons
Noi cametrn man or driver shall be permitted to work in excess of
forty-eighit (48,) hours in any) one week( provided, however, that the
miinimiumi wagnes set forth in Article IV, Section 1, for a forty (40)
hour week, shall be p~roportionately increased so that the minimum
for thtjesewor~kers recfelrred to h~r~ein shall be forty-eight (48) times
the proportionate hiourlyr rate set. forth in Ar-ticle IV, Section 1,
Paragrarph 1.,
2. No w~atchmlan,. miemnber of the Industry working on his own
behanlf, or employers enigaged in a managerial capacity~ receiving
Thir~ty\-five ($:35.0j0) D~ollars a wneek or mor~e, shalll be permitted to
work in excess of fif~ty-two (52) hours in any one (1) week.
3. No other employee except. outside salesmen shall be permitted
to workl~l int excess of forty (40) hours in any one (1) week.
4. In addition to the maximum hours hereinabove set forth, emi-
ployees m~ay be permnittedd to exceed said maximum by not more
than one hundred forty-f-our (144l) hours in any- one calenlda~r year,
provided all such additional hiours worked shall be comnpenisated for
at not less thann time and one-third.
5. No emplloyer shall engage any employee for any time which
w~hen totaled w\ith that alreadyl performed with another employer
or emlployers exceeds the miaximum herein permitted.
6. No employee shall be permiitted to work on mIore than six (6)
days in aly seven (7) day period.
7. The iCode Author~ity shall mnake a study of Inbor conditions
w-ith~in thre Industry to determiine the feasibility of the adoption of
a shorter work~~ling w~eek andi adjustmnlrts in th'e rates of payv; a~nd
shall! wiithin three mnonth~s after the effective date of this Code, make
a r~eporlt of its findiings t~o the Administrator.
ARTICLE 1.- ~VAGES
1. Nao emnployeee in thle Industry shall be paid at less than thle rate
of Fifteen ($15.00) Dollars per week in cities of five hundred thou-
sand (500i,000) po~pulationl or more, and in the. trading area of such
cities; Four~teenI Dollars and F~ifty Cents ($14.50) in cities of two
hundred fifty thousands (250,000) to five hundred thousand (500,000)
popu"lation, and in the trading areas of such cities; Fourteen
($14.00?) Dollars ml cities or p~la~ces under t~wo hundreds fiftyv thousand
(950I.000)) population, and in thle trailing areas of such cities.
Except a, messenge~r or anI apprentice, who shall be paid not less
than Twelvec ($12.00) Dollars per week, provided, hlowiever, that no
employee shall be classedl as an apprentice whio has worked for any
employer in thle Photo Finish~ingr Division for more than six (6)
w\eeks~ or fo any employte r in thle ot~her divisions of the Industry one
(1) year, and prov'ided~, further, that such class of apprentices shall
not exceedl five per' cent (5%0) of the total number of employees of
anyr employer but any employer may have one apprentice.
(a) No period in excess of one (1) week shall be used as a basis
for pay\ment of the mninimnum rates of pay herein prescribed.
2. Th~is Artile establishes a minimum rate of pay per week re-
garrdless of whlether anl employee is compensated on a time rate, piece-
w~ork, or other basis.





455


3. Female employees performing substantially the same work as
male employees shall receimp the same rates of pay as male employees.
4. N~o employee shall be paid lessi often thlan twice a month andl
nshall ber paidl in cash or negrotiable check.
5. In the Photo Fiinishing D~ivision, the number of employees re-
ceiving the minimum wage provided ini Section 1 of this Article shall
not exceed one (1) for each five (5) employees or fraction thereof
employed by each employer.
6. No emp~loy~ee whose full time weekly hours for the four (4)
wFeeks ended June 17, 1933, are reduced by the provisions of this
Code by twenty per cent (20%) or less shall have his or her full
time weekly earnings red uced. No employee whose said full time
weekly hours are reduced by the, pr'ovisions of thlis Code in excess
of twenty~ per cent (20%), shall have his or her said earnings reduced
by more t~han fifty per cent (50%) of the amount calculated by mlul-
t~iplying the reductionI in hours in excess of twenty per cent (20%0)
7.:~~h hoThne Codle Authority shall present to the Administrator within rte
a period of sixrty (60) days, a schedule of minimum wages to be
paid skilled employees. The Adminisitr~ator shall grarnt, a hearings
to all interested~ parties and after approval by the Admninistrator
such schledule shall be binding upon, the employers.
8. The employer shall mattke payment of all expenses incurred by
an employee while travelinga.
ARrIous V-G-CENERAL LABOR PROV'ISIONS
1. No person under sixteen (16) years of age shall be employed
in. the Industry, nor any person under eighteen (18) years of age
at operations or occupations hazardc~ous in nature or detr~imlentall to
health. The Code Authority shall submit to the Adlministrator
within sixty (60) days after the effective date of this Code a list of
such operations or occupations. In any State, an employer shall
be deemed to have complained w~ith, this provision as to age if he shall
have on ~file a cetrti~ficate or permit duly signed b~y the Authority
in such State empoweredl to issue employment or age certificates or
permits, showing that the employee is of the reqluilred age, except
that persons under the age of sixteen (16) may be employed solely
as models, subject to local laws, and regulations of the Code
Authority.
2. Employees shall have the right to organize and bargain collec-
tively9 through representatives of their own3 choosing, and shall be
free from the intrference, restraint, or coercion of emnploy~ers of
labor or their agents, in the designation, of such repr~esentatives or in
self-organization or in other concertedl activities for the purpose of
collective bargaining or other mutual aid or protection.
3. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
framn from jouning, organizing, or assisting a, labor organization of
his own choosing.
4. mplyer sallcomlywith the maximum hours of labor,
minimum rates of pay, andotecoiiosoemlmn prve
or prescribed by the President.
4830)6@--4 23-136----34-2




456


5. WCithin each State this Code shall not supersede any laws of such
State imposing more stringent requiremegs upon the employer reg-
ulating the age of employees, wages, hours of work, or health, fire
or general working~ conditions, than under this Code.
6. Employers shall not reclassifyr employees or duties of such
occupations performed by employlees so as to defeat the purposes
of t~he Act.
7. Each emiployver shall post, in conspicuous places in his estab-
lishiment accessible to employees, full copies of Articles III, IV and
V of this Codle.
8. A manual for the Standards of Sanitation, Health and Safety,
shall be filed with the Administrator for approval within six (6)
months after the effective date of this Code.
9. Every emnployrer shiall provide for the safety and health of his
employees at the place and during the hours of their employmentt.
ARTICLE VTI-ADMINISTRATION
ORGANIZATION? POW'ERSj AND DUTI~ES OF THE CODE AUTHORITY
1. To further effectuate the policies of the Act, a Code Authority
is hereby constituted to administer this Code.
2. The Code Authority shall consist of fifteen (15) individuals, or
suIch others number as may be approved from time to time by the
Administrator, to be selected as hereinafter set forth. The Admin-
istr~ator,, in his discretion, may appoint additional members without
vote to represent suchI groups or governmental agencies as he may
designate..
(a) Ench miemnber of the ~Industry who qualifies as specified in
Section 5 of this Article shall have one (1) vote (such vote to be in
the Division in which he is principally engaged) in the nomination
andi election of thle Photographic Regional Board for the Region in
which his business is located. Each such Board shall have three (3)
members, onie (1) from ealch of the three Divisions, as set forth in
Article II, Section 1 (a), (b), and (c). Regions are hereby estab-
lishied as show~n in Schedule A app~endZed hereto, subject to revision
by the Code Author~ity as her~einafter provided. The members of
such Photograzph~ic Regional BEoar~ds shatll constitute the National
Photographlic C'ounlcil, wh~ich Counicil shall elect the Industry mem-
ber~s of' thle C~ode Authority, andt, in such elections, Council members
mlay vote for the repr~esenltatives of their Division only.
(b) The Code C'ommnittee of the Industryg shall arrange for the
nominationl anld election of the members of the National Photo-
graphic C~ouncil not later than M~ay 15. 1934. The Code Authority
thus elected shall take office not later than June 1, 1934. In the
interimi, the Codle Commriittee of -th~e Inldustry~ shall serve as the
Code Aut~hority.
The term of office of tlhe elected members of the C'ode Authority
shall be one (1) year' comm~encing June 1, 19341.
(c) Memnbersship in thle Code Authority~ shall be equally divided
between thle t.hlree (3) Divisions of the Industry, and no member
shall be eligible to represent. a Division on th~e Code Authority
unless at least two-thirds (?5) of the dollar volume of his business
is done in such Division.





457


(d) Ea~ch Division shall, in accordance with such regulations as
may be prescribed by the Admninistr~ator, have exclusive jur~isdic-
tion with respect to matters and/or problems relating exclusively
to said Division and exclusive disposition of funds paid by mem-
bers of said Division for Code purposes.
------3. Each trade or industrial association directly or indirectly par-~T
ticpatng n te slecionor ctiitis o th Coe Athrityshl
(1) impose no inequitable restrictions on membership, and (2)
submit to the Administrator true copies of its Articles of Associa-
tion, By-Laws. regulations, and any amendments when made thereto,
together with such other information as to mnem~bership, organiza-
tion, and activities as the ALdministrastor may deem, necessary to
effectuate t~he purposes of the ~Act.
4. In order that the Code Aut~horitly shall at all times be truly
representative of the Indu~stry and in other respects comply with
the provisions of the Act, the Adlminist~rator mlaS provide such
hearings as he may deem proper; and thereafter If he shall find
that the Code Authority is not truly representative or dtoes not in
other respects comply~ with the provisions of the 1Act, he mayg require
an appropriate modification in the method of selection of the C~ode
Autho rity.
5. Members of the Industry shlall be entitled to participate in and
share the benefits of the activities of the Code Authority, to partici-
pate in the selection of t~he members thereof and to use the NT.R.A.
Code Insignia, only by asse-nting to and conmplying with the require-
ments of this Code and sustaining their reasonable share of the
expense of preparation, presentation and administration of this
Code. The reasonable share of such, expense shall be deter~minled
by the Code Authority, subject to review by the Admninistrantor, onl
the basis of volume of business and/or such other factors as may
be deemied equitable to be taken into considerations.
6. Nothing contained in this Code shall constitute the m~emlbe~rs
of te Cde Athoitypar~tners for any purpose. Nor shall anyg
mebrof the Code Authorityuhli\ be liable in a~nyV mannrer to anyone
for any act of any other memer, officer, aaent or employee of the
Code Authority. ~Nor shall any m~embe r ofthe Code A~uthority b
liable to anyone for any action or omission to act under theCoe
except for his own willful misfeasance or .non-feas~ance,
7. The Code Authority shall have th~e following powers and duties
to thle extent permitted by the A~ct:
A. To adopt By-Laws and rules and regulations for its procedure
and to assist the Adlministrator in the admlinisttration and enforce-
ment of t~he Code, in accordance with t~he powers' herein granted,
and to submit the samle to the Aldminist.rat~or for his approval to-
gether with true copies of any amendments or additions when made
thereto, minutes of mleetingas when held, and such other information
as to its activities as the Admninistrator may deem necessary to
effectuate t~he purposes of tihe Act.
B. To obtain from memlber~s of t~he Indust~ry as soon as the neces-
sar'y readjustments within the Industry can be made, certified re-
ports on all matters pertinent to thle provisions of this Code based
on periods of one (1), t wo (2), or fourl (4) weeks, or one month,
or multiples thereof, for use of the Code Authority and the Adminis-




458


trator in the administration and enforcement of the Code, and for
the information of the President. No individual reports shall be
disclosed to any other member of the Industry or to any other party
except to such governmental agencies as may be directed by the
Adm inistr~ator.
C. To give assistance to members of the Industry in improving
methods, or mn prescribing a uniform system of accounting, costing,
and reporting.
D). To receive complaints of violations of this Code, make investi-
gations thereof, anld bring to the attention of the Aldministrator,
recommendations and information relative thereto.
E. To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein and to pay such trade associations and agencies the cost
thereof, provided that nothing herein shall relieve the Code Author-
ity of its duties or responsibilities under this Code and that such
trade associations and agencies shall at all times be subject to and
comply with the provisions hereof.
]F. To coordinate the administration of this Code with such other
Codes, if any, as may be related to the Industry, or any subdivision
thereof, and to delegate to any other admninistr~ative authority, with
the approval of the ALdministrator, such powers as will promote joint
and harmonious action upon matters of commulon interest.
G. To secure an equitable and proportionate payment of the ex-
penses of maintaining the Code Authority and its activities from
members of thle Industry.
H1. TIo regulate the use of the N.R.A. Code Insignia.
I. To establish or designate an Agency on planning fair prac-
tices anid Industry standards and nomenclature which shall coop-
erate with the Code Authority in developing fair inter and intrat-
trade practices and: industrial planning, includiing the regularization
of employment in the Industry.
J. To initiate, consider andl make recommendations for the modi-
fication or amendment of this Code after such notice and hearing
as may be prescribed by the Administrator. Such modification, i
approved by the Administrator, shall become effective as a part of
this Code anld be binding upon every member of the Industryr.
K. To define and determine from time to time the regions pro-
vided in Section 2; (a) of this Article, and to define and determine
the trade areas for cities in which members of the Industlry are,
or shall be located, subject to the approval of the Administrator,
without regard to cityr, county, state or sectional lines.
L. To make a study of labor conditions within t~he Industry to
determine the feasibility of the adoption of a shorter working week,
and adjustments in the rates of pay; and shall, within three months
after the effective date of this Code, make a report of its findings
to the Administrator.
8. If the Admlinistrator shall determine that any action of a Code
Authority or any agency thereof may be unfair or unjust or contrary
to the public interest, th~e Adltministraltor may require that such action
be suspended to afford an 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 effected unless the





459


Administrator approves or unless hie shall fail to disap~prove after
thirty days' notice to him of intention to p~croced~ wFith such nation
in its original or mlod~ifiedt form~.
ARTICLE \III

Inl addlitionl to inf~ormaltion r~equired- to be Ill.hmittedc to any Codie
Authority, all or anyr of the persons sulbjec~t, to such Code, agrleementt
or license shall furnish such statistical information as thle A~dmin-
istrator may deem necessary for the purposesc ric~itedl in rSection 3 (a)
of said Act to such Federal and State agenexes as the Admliinistrator
may designate; nor shall anything mn any Code, agreemelcnt, or license
relieve any person of any existing obligation to furnish reports to
Government agencies.
ARTIrCL.E VIII TRADE: PRACTICESj
1. Th following pr~netices, applicable to all Divisiorns, constitute
unfair methods of comlpetitio n for members of the Industry and, are
prohibited:
A. To wilthhold fromt or insert in an invoice or border statements
or entries which make such document a false rec~ordl, whtol~ly or in
part, of thbe transactions represented on the face th~ereof.
B8. To mark or brand falsely any product, of the Industr~y which
has thle tendency to mlislead~ or deceive customers or prospective cus-
tom~ers, whether as to the grade, quality, quantity, substance, char-
noter, nature, origin, size, finish, or preparation of any product of
the Inidustry or otherwise.
C. TCo make or cause or knowingly permit to be made or effected
anly false, materially inaccurate, or de~ceptive startemenclt by way of
advertisement or otherwrise, whether concerning the grade, quality,
quantity, substances charter, nature, orign, size, finish, or p~repa-
r~at.ion of any product, of th~e Industry or the credit terms, values,
po~licies, or srvllices of any member of the Induistry, or otherwise,
haing the tendency or capacity to mnislea~d or deceive customers or
prospective customers, or to injure competitors.
D. ~To give, permit to be givren, or dilrectlyr offer to give, anything
of value for the purpose of inlu~lencing r or regarding~ the action of
any employee, agent, or representativee of anc-ther in relation to the
business o'f the employer of such emnployvee, the principal of such
agent or the rep~resented` par11ty-, without the knowledge of such em-
playePr, principal or party. Comnmercial bribery provisions shall not
be! construed to p~rohlibit free and general distribution of articles com-
monly Iused for advertising except so for as such articles are actually
ulsed for commercial bribery as hereinabove definedl.
E. To induce or attempt to induce thle breach of an existing oral
or w-rittenl contract. between a competitor and his customers, or
source of supply, or others or to interfere writh or to obstruct the
performance of any suchi contractual duties or services.
F. To u~se the word ": free" or any expression, o~f like connoftation
in conjunction with, or with preference to, the sale or offer for sale
of any Industry pl~roduct or service.
Gr. To copy without the mak-er's permission, proofs whiich bear
the name of the maker when his establishment is still i~n existence.





460


H.n Tor use anysuterfuige to frustrate the spirit and intent of this
Code, which is, among other things, to increase employment by umi-
vecrsal covenant, to remove obstructions to commerce, t~o shorten
hours of work and to raise wages to a living basis.
2. The following prrat~ices, applicable to the Portrait Photography
Division, constitute unfair methods of competition for members of
that. Division, and are hereby prohibited:
A. To pu'blish, circulate, or sell coupons, certificates or similar de-
vices to prospective customers with representations that they may be
applied in whole or in part 0n the purchase price of a portrait photo-
graph, except in accordance w~ith the following regulations; but in
no event shall a members utilize the coupon or certificate or similar
method of sale outside the trading area of the city in which he main-
tainls a permanent studio.
(1) A member desiringa to sell his pr~oduxcts in conjunction with
the use of coupons, certificates or other similar devices, sha~ll file with
the Code Authority at least ten days prior to t~he commencement of
thle use of such method, or if thlat be a continuous method, shall so
file within fifteen (15) dayvs after the effective date of this Code, on
a form to be prescribed by the Code Authority, the information
required in Schedulte B.
B. To sell or offer to sell Industry products or services outside the
trade area wherein is located a p permanent studio and /or finishing plant
of the member selling or offering to sell such products or services, ex-
cept in accordance with regulations as prescribed from timne to time
by the Code Authority, subject to the approval of the Administrator.
C. To subsidize 'secretly prominent persons for the purpose of
uigtheir names andi'or photographs for advertising or display
purposes.
D. To fail to disclose the name of the member actually selling and
producing portraits where such portraits are advertised and sold
through any intermediary not a, member of the Industry, except
w~her~e there is a contract between such member and such interme-
diary whichl requires t~he latter to effect final disposition of any com-
plaint with regard to the member's products, services, or methods.
Thle Code Authority shall require such member to furnish evidence
of the exiistence of any suIch contract.
E. To advertise or otherwise publish t.he selling price of photo-
granphic portraits without stating whether or not such selling price
includes folders andt/or mountings.
3. The following practices, applicable to the Photo Finishing Divi-
sion, constitute. unfair methods of competition for members of that
Division andi ar~e prohibited:
A., To allow any credit on any photo-finishing product previously
sold for any reason other than the unsatisfactory nature of said
pr~od uct.
BI. To falil to aLffixr on containers of Division products the N.R.A.
Code Insiggnia, wchen entitled t~o do so in accordance with the prori-
sions of this Code.
ARTICLE IX-ALCCOUNTIN G A\ND SELLING
1. W:it~hin thirty (30) days after thle effective date of this Code,
each member shall file with the Code Aiuthority or regional boards





461


or otherwise, as prescribed bly the Code. Aulthorit~y, copies of price
lists and schledules includingr the true name andl/or ow-nership of thne
business filing suchi lists and snhedulles) co\-er~ing all products or
services offered for sale by such membel~rs, which lists and scrhedlrles
shall include all the terms and conditions of sale.: the list ~r~i<:e andl
trade discount app~lirbll~e thnereto for each kind andl size of each
product or service soldl or ofer~ed~~ for hale, a complete a~ndt dtatiled
description of each pr~odu~ct or service sold or offel'Cred for sale,
whether offered singly or inl comb~linatio n w~ith o~therl products or
services; complete dletails and, includ~i'ingr differentials for gradce, size
and quantinty.
(n) The Code Authority shall preparlle and compile, as soon as
pralctienble, a classifientio nl of those Industry products aInd~ serv\ies
n1ot ennpable of being included in lists and schedules as hecreinablove
prov\idedl. Upon its approval by the Code Aulthor~ity, this classifica-
t~ion shall1 then be usjed by5 thle Indusltry3. It mnay be amended from
time to timne by thle Code Authority. With res-pect to the products
and services inc~luded~c in such classifie~ntion, each member shalnll, wFithin
th~irtyv (30) days azfter its approval byteC eAuhryfla
dir~ected by the Code Authority7, thie basi uponl wuhoich' chareb s o
sulch prouclcts andl services are compl~uted.
2. Thle Code A'uthority shall cause to be fuilrlnudted an necouniting~
system and mlethods of cost findings and /or estima~tingr capable of uise
by all members of the Industry. After sulchl s~yste~m and methodss
have b~een forml~~ulted full details conlcerning~ them shall be made
available, to all members. Thlereafter all mlEmbersC1 shall determine
and/?or estimate costs in necolrdancc w-ith~ the principles of such
methods.
3. EIachl members shall file, in nccr~ldance with regulations of the
Code AuthloritSy, ten anys prior- to the effective date of any newv
amnended or r~evised prices or termsn of conditions of sale, such newP
list, nmendmnent, or r~evision before making any qu~otations, of o~ffer-
ing for sale in accordance therew~ith, except that the ten day period
herein provided mayv be shlortenedl by the Code Aurthority, to afford
opportunity to mecet. a new~ly~~filed pr-ice list or schedu7~le?
4. Liss and chulesc filedl in necorda'ncec herewith shall be made
ava liable to th Indu~stry by the Code Authorityr.
5. All mnem-ber~s of the Idustry shall use, in connection with all
transactions of sale, tan order, invloic~e, or acknowledgement form on
which shall be. includled specificationls concer~ning termis and condi-
tions of sale, prices, trade d~iscoulnts, payment dante, provisions gov-
er~ning dlelinquelncy, warrantees, guarntees, return or exchange of
Industry produllct, refulnds for Industry services and other proiper
conditions which? shall be prescribed by the Code Authlority withl the
approval of the Aditnistrator.
6. No member shall sell any of his products, nor render any serv-
ices on a basis at vanrinnce from the provisions of this ALrticle except
in necorlance w~ith regrulations that miay be issued from tim~e to time
by the Code Aulthority, provided, howeverl, that a member may' sell
at a lower price whlen necessarS: to meet competition, but at not less
than the lowest price not in violation of this Code offered by any
competitor.
2 See paragraph 2 of order approv'ing this Code.





462


1. Terms of sale in th~e Commercial Phot~ograph~y and Photo Fin-
ishing Divisionls shall not exceed thirty (30) days, end of month.
(n) In the Ph~oto Finiishing Division, trade and quantity discounts
shall not exceedl the p~rovisions of Schedule C hereof.
AlRTICLE ?C
When the Code Authority- determines that oan emergency exists in
this Industry and that thle cause thereof' is destructive price-cutting
such1 as to render ineffective or seriously endanger the maintenance
of the provisions of this Code, th~e Code Authority may cause to be
detrermlined d thie lowest reasonable cost of thle pr~oducts of this Ind~us-
try, such determination to be subject to such notice and hearing as
the Admninistr~torr ma~y require. The Adm~inistrator mayr approve,
disapprov'e, or modify the determination. Thereafter, during the
periood of the emnergency, it shall be anl unfair trade practice for any
member of the Indlustry to sell or offer to sell anly products of the
Industry for which the lowecst reasonable cost has been determined
at such prices or upon such terms or conditions of sale that the
buye'r will pay less there~for than the lowest reasonable cost of
such products.
When it. appears that conditions have changed, the Clode Author-
ity, upon its ow~n initiative or upon the request of any interested
party, shall cause the dletermnination to be reviewedl.
ARTICLE XI--MOmIcATION
1. TIhis Code andl all the provisions thereof are expressly made
subject to the, right of the President, in accordance with the provi-
sions of subsection (b) of Section 10 of the National Indus~trial
Recovery Act., from time to time, to cancel or modify any order,
ap~provnl, license, rule, or regulation issued until Title I of said
Act, a~nd specifically, but without limitation, t~o the right of the
President to cancel or mnodify his approval of this Code or any
conditions imposed by himn upon approval thereof.
2. This Codle, except as to provisions required by th~e Act, may
be mlodifiedl upon the basis of experience or changes mn circumstances,
such modification to be based upon application to the Administrator
by the Code Authority and such notice and hearing as he shall
specify, and' to become effe-ctive upon approval by the President.
ARTICLE ~II -ATONOPOLIES
No provision of this Code shall be so applied as to permit monopo-
liecs or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
ARTICLE XCIII *EFFECTIVE DATE
Th2is Code shaUl become effective on the tenth1 day after its ap-
preva~l by the President.
Apprloved Code No. 362.
Registry No. 165 17'.















St.'HEDULIJ E A.


RHGlows

1. Mainie. Newj Hamapshire, Vermont, Maissachusetts, Rhode island, Connecticut.
2. ~New- Yorkc--lTrad~e area of New Yor~k City, within the State.
3. New YorkI;-clther than number 2.
4. Pennsylvan ia-Eastern (all territory East of the 'E~astern boundary line of
the following counties;-Potter, Clinton, Center, Miftlin, Juanita and Frankllin).
5. Pennsylvan in----Western (all territory West of the Ealstern boiuncdary line of
the follow-ing c~olutiies-Potte r, Clinton, Center, Mifflin, Juanita and F~rankuln).
6. N'ew Jersey.
7. Delawalrc, Mlarylandc, District olf Columbia.
7. 'irgiinia WPest Virginia.
9. Northi Car'olina, South Carolina.
10. F'lorida, Georgia, Alabama.
11. nIichig~an.
12. Ohio.
13. Kentucky, Tennessee.
14. Indiana.
15. WViscocnsin.
16. Illinois-rade area of ChIcago, writhin the State.
17. Illinois--other thann No. 16,
18. Iowa.
19. Mlissouri.
20. -Oklahromna, Arkansas.

22. Teas.
23. Mlinnesota, N~orllh Dakotal, Soulth D~akota.
24. Kansas, N'ebras~a.
25. Alontunna, Wyomiing. Idaho.
26. Colorado, Utah.
27. Newv Mlexico, NeCvada3, Arizona.
2f8. Oregon, W'ashinlgton.
29. Californial---orth of Bakersfield.
30. Catlifornia--South of, and including Bakersfield and the city limits.
(46ti3)














SCHEDULE B


(a) Name and address of member issuing coupons, certificates or similar
devices.
(b) Name and address of each agent employed for such purpose by member.
(c) Amount paid to, or retained by, agent for selling such coupons or certifi-
eates or similar devices.
(d) Copies of instructions issued to such agents, which instructions must
inludee a requirement that such agents furnish to the member detailed reports
of daily calls.
(e) A statements that all records concerning sale of coupons, certificates or
similar devices shall be kept in duplicate.
(f) All coupons, certificates or other similar devices issued by members shall
be filed with the Code Authority and shall be subject to its approval in relation
to the provisions of this Code and must contain the following provisions:
(1) ]Precise description of photographI offered, whether mounted or unmounted,
and the price of the coupon, c~ertificate or other similar device.
(2) The amount, if any to be paid by customer at studio, and if no addi-
tional amount to be paid, coupon, certificates or' similar device to so state.
(3) Provisions for refund of amount paid by customer to agent.
(4) The period of time in which a sitting may be had should be indicated
by the agent on the coupon, certificate or similar device, at the time of sale
to customer, which period shall not exceed ten days beyond the date of the
sale.
(5) Provision for extension of such time only at request of customer.
(6) The period of time in which the finished photograph will be ready for
delivery, whieb period shall not exceed ten days after date of sitting.
(7) All coupons, certificates or similar devices shall bear the following:
"Any complaint concerning this transaction may be referred to the Code
Authority of the Photographic and Photo Finishing Industry ", together with
thze address of the same.
(461)













SCH-EDULE C

Basie trade discounts shall not exceed twfenty)-five per cenlt (25%1) of list
price and, conditioned upon the payment of the account by the 15th of th
following month, quanntitY discounts shall not exceed:
5% additional on net volume when monthly gross volume exceeds $15.00.
10%o additional on net volume when monthly gross volume exceeds $30.00.
15%31 additional on net volume when monthly gross volume exceeds $200.00.
L'0%j additional on net volume when, molthllY gross volume exceeds $500.00.
For the p~urpolses of this Schledule, each store outlet: shall be reCgarlildd
se~a ra tely.
(465)

O




11111111111111111 1111111111111111 11111111111111111 1111111 1111111