NATIONAL RECOVERY' ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON AUGUST 19, 1933
1. Executive Order
2. Report of National Recovery Administrator Johnson
to the President
3. Text of Code
O 'U TEDSTATES
late "GOVRNM P :NTING OFFICE
I ON : 19339
Mar msal by tme Superintendent of Documents, Washington, D.C. Price 5 csnal
Registry No. 1649--1-01
CODE OF FAIR COMPETITION FOR THE PHOTOGRAPHIC
An application having been duly made, pursllnnnt to and in full
compliance with .the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for myv approval of a Code
of Fair Competition for tdlhe Phot.ographlic MannufActuring Industry,
and hearings having been held thereon, and t~he Administ~rator having
rendered hiis report containing an analysis of the said C'ode of Fair
Competition, together w\ith his recommend t~ions and findings w-ith re-
spect, thereto, and t~he Administ.rat~or having found that t.hie said Code
of Fair Comipetition complies in all respects w\ith the pertinent pro-
visions of Title I of said Act., and thait thle requir~ementsa of elnuses (1)r
Sand (2) of subsection (0) of Sect~ion 3 of the said Act have been met.:
NowI, TH EREFOR E, I, Fra nklinl D. Roosevel t, Presiden t of the U~ni ted
States, pursuant to the authority vested in mie by Title I of the
National Industrial Recovery Act, approv-ed June 16, 19373, andc
otherwise, do adopt and ap~prove- t.hie report, recomnmendations, and
findings of the Administrat~or and do order that thle said C'ode of
Fair Comnpetition be and is hereby approved, subject. t~o the following
(1) To effectuate further t~he policies of thle Act, a Photographic
Alanufact~uring Industry Commitbtee be created to cooperate wit~h t~he
Administrator as a Planning and Fair Practice Agency for thle
Photographic Mlanufa.cturing Industry, which Commitbtee shall consist
of seven representatives of the Photographic Mianufacturing Industry
elected by a fair method of selection, t.o be approved by the Admiinis-
trator, and three members without vote appointed by the Adminis-
FRANKLIN D. ROOSEV'ELT.
HUGH S. JoHNSON, Administraltor.
THE WHITE HOUSE,
Augusrt 19, 1988.
NATIONAL RECOVERY ADMINISTRATION
To th~e Pres~ident:
This is a report of the hearing on the Code of Fair Competition
for the Photogralphic Alanufact~uring Industry in the U~nited States,
conducitedl in Washington on Au\lgust 4th, 19:33, in neccordance with
the: provisions of t.he National Indiustrial Recovery Act.
The following exhibits are included and attached:
1. Final Code submitted.
2. Notice of Hearing.
3. Statement of Procedure.
4. Statisticatl Analysis by Research and Planninig Division (Ap-
5. Transcript~ of the records (Appended)l.
6. List of Witnesses..
7~. Exhiibit A, list, of Corporations signing the Code.
In the conduct of the healrinlg every person wvho had filed a request
for an appearance wa~s freely heard in public and all stat.utory and
regulatory requirements w~ere fully fulfilled.
The Code which is attachedl was presented by duly qualified anad
authorized representa~tives of t.he industry, andl complies wit~h the
statutory requirements, as representing fully eighty percent. of the
Photographic 1\lanufacturing Industry in the United States.
EcowolulC AND STATISTICAL ANALYSISS
Comnmod cities produced by t~he Pho togra phic AlanunIfac luring
Industry had, in 1929, an aggregate value of $102,827i,386, rank~inga
119t~h in value of products when compared to other industries for
that year. In 1931 the aggregate vanlue wa~s $79,506,499, representing
decrease of 22.7 percent.. Th~is ;induItry produces~ phottoraphic
materials And apparatus including all types of cameras, sensitized
material, projectors, films, plates, and other pertinent. equlipmnent, but
this Code does not. include professional mnotion-pict~ure cameras anzd
projectors, nor chemicals because of their distinctly different applica-
tions and uses. AL large proportion of the total business volume of
this industry is represented by comparativelyv few companies. Be-
cause of the obscurity of data on separate types of commodities
manufactured by the industry, the only information available is for
commodities manufactured by the industry as a whole. MIateriarls
used by the photographic apparatus and materials industry, in the
production of its products, can be traced back to almost every- raw--
material source. This industry is economically related to maniy
another industry by virtue of the diversity of its consumption of
other finished commodities.
The peak year for the photographic apparatus industry was 1929.
In this year the average purchasing power of the wage earner was
$30.42 per week. This is considerably above thle 1825.28 average for
all industry in the same year.
In 1931 the average purchasing power dropped but 22 percent,
or to an average of $23.71, as compared with a drop of 16.2 percent
for all industry.
The number of employees in this industry in 1929 was 16,3630 per-
sons. Employment from 1929 to 1931 declined 18.2 percent t.
There is no specific information available at. the present t.imne to
show the number of employees in this industry or t~he hours t~hey ar~e
actually employed. However, the follow~ingc table for 1931 classifies,
according to hours per weekr, the number of employees and establish-
ments and the percentage of distribution.
Hours of labor per week by number of establishments ared ,Llsaber of walge earnerrs,
Number Number Percent
Hours ofTeshbl- workers of lotal
Uishmentrl employed employed
Hours not reported... .. ... ... .. .. ... ..... ... .... 4 .. ..
44 hours or less_ _~~--...~ -~-~~~~~-~... ..... .. .. ...... ~.__.__ __._...... 44 94 8. 9
45 to 48 hours, inclusive ...... .....--. _- _. __ ...... .. .. 9, 413 88. 7
Over 48 hours.. ....... ...__..... .-_... .. ...... ._, _......... 18 251 2. 4
Total~._-_.- __ __ __._ ___ ... ..... ... .C... .. . 1 0,00 100.0
This Code specifically provides; thnirty-fi~ve cents (50;.35:I per hour
or fourteen dollars ($14.00) per week for 40 hours~ of Inbor, except t~ha t
Icnlearne mayT be paid not less than 80 perIcenlt of, this mninimnum w.age
during a period limited to 60 days and that the total amount paid to
such learIner~ s shall not exceed in. anly callenanr m month 5 per~celt. of t.he
total wages~ paid by the employer.
There is a provision in this Code for 144 hlour~s per year in excess of
thie maximnum, limited by a requirement that t~he avernge hours
worked per week shall not exceed 40 hours w~hen overaged over a
period of three months. This is due to definite seasonal dlemnldl and
a perp~lexinlg problem peculiar to this industry because of the perish-
able nature of the sensitized products, and a necessityv for pursuance
to completion of attendant processes, when once begunl.
It is estimated that on the basis of 1931 figures, t~he 40-hour week
would place no additional burden, on thie ultimnat~e consumer. If
wages were maintained on the basis of 1929 figures t.he price to the
consumer would increase 7.8 percent on a 40-hour basis, whereals a
36.7-hour basis would increase thi~s price 9.3 percent..
In order to further effectuate the policies of the Act., it is recom-
m~ended that the Administrator appoint a Phot~ographic Alanufactur-
mng Industry Committee to cooperate with the Admlinistra.tor as a
planning and fair practice agency for this Industry; and that this
committee consist of seven representatives of t~he Photogra~phic
Industry elected by fair method withz the approval of the Admninis-
trator and of three members appointed by t.he Admlinistr~ator, as
follows: One of recognized experience and technical knowledge fromn
a recognized institution of learning; one to represent the Adminis-
trator; and one of recognized abilityr in the Photogra.phic MaI~nufa.c-
turing Industryl) but without direct, personal interest therein.
It is believed that this hearing, which has brought. together all
diversified branches of the Photographic Alanufactiuringg Industry,
is an excellent example of cooperativ-e spirit, andl evidences a sincere
desire on t~he part. of this Industry to manifest the at~ti tude anticipated
in the N~ational Recovery Act.
It is further believed that actuacll facts obtained t through the analysis
of statistics and reports as provided in this Code will formn a basis,
in the future, for any revisions required to~ provide for the needs o-f
The Administrator finds t~hat--
(a)) The Code as recommiend-ed comlplies in all respel~ct~s with thec
pertinent provisions of Title I of the A~ct, including, w\ithouit limlita-
tion, subsection (a)r of Section 7i atnd subsection (b'i of Section 10!
t.hereof; andl thait.
(b) The applicant. group imposess no inequ~itab.lle restrictions oln
admission to membershiip therein and is tr~uly' representative of the
Photographic Ma~nufatctur~ing Indurstlry; and that.
(c) The Code as recommllended is not designers to. pro~mo-te monop-
olies or to elimninatbe or. oppress small enterprises and wiLjl not operate
to discriminate against them-, and w-ill t.end t~o effectuate the policy
of Title I. of t.he National Industrial Recoery Act.
It is recommended, therefore, that this Code be inuniiedistely
HIUG(H 8Z. JOHNS~ON,,Cii ;Pdin nistrato.
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CODE OF FAIR COMPETITION OF THE PHOTOGRAPH-IC
To effectuate the policy of Tit~lez I of th N~ational Industrial
Recovery Art, dr~iing t~he period of the emergency, by reducing and
relieving unemployment, improving the standards of laibor, eliminal-
ing competitive practices destructive of the interests of the public,
employees andi employers and otherwise stabilizing the Phot.o-
graphic M\,anufacturing Industryg and by increasing the consumption
of industrial and agricultural products by increasing purchasing
power, and in other respects, the following provisio~ns are established
as a Code of Fair Complet~ition for the Photographic Mlanufa-cturingr
Ind us try:
Dqfinitions.- A~. The term "Ph Mo togra phic Mlanufact~uring In-
.dustry as used herein is definedl to mneani the manufacture of any of
the following photographic products:
(a) Cameras, exclusive of professional mlotion-picture cameras
using film having a. w~idth of 3,5 mmr or great~er.
(b) M~otion-picture projectors, exclusiv-e of professional mnotion-
picture projectors using film having a wvidth of 35 mmn. or greater.
(c) Amateur and professional photographic film, plates, and paper.
(d) Photographic accessories, equiipment, and supplies, except
photographic mounts and photographic chemicals.
B. The term "'employees"' as used herein shall include all persons
employed in the conduct of such operations, excepting those persons
who serv-e in executive, administrative, supervisory, sales, special
accounting, and/or technical capacities.
C. The term "emnployers" shall include partnerships, associations,
trusts, including trustees in bankruptcy and receivers, corporations,
and all persons who employ labor in the conduct of any branch of the
Photographic Mfanufacturing Industry as defined abovre.
D. The term "effective date ", as used herein, is defined to be the
tenth day after the approval by the President of the United States
of this Code or any part ther~eof or addition t~heret~o.
On and after the effective date the minimum wage that shall be
paid any employer in the Photographic M~anufacturing Industry shall
be at the rate of thirty-five cents (8.35) an hour, or fourteen dollars
($14.00) per week for forty (40) hours of labor except that learners
may be paid not less than eighty per cent (80%)o of such minimum
wage during a period limited to sixcty (60) days; that the total amount
paid to such learners shall not exceed in any calendar month five
percent (5%7) of the total wages paid to all emlployvees of such employer
during such month; and provided further, that the provisions of this
paragraphs shall not apply t~o apprentice machinists and apprentice
toolmakers who are now under contract writ.h their employer under
forms approved by the Nationlal M~etal Trades Associa~tion or any
branch of such association.
On and after the effective date the miaximum hours of labor for
employees shall be forty (40) hours per w~eek, subject. to the following
limitations and exceptions:
A. TPhat the average hours worked per week by any individual em-
ployee shall not exceed t.he maximum established wrhen figured over
a period of three (3) months.
B). That thte m~axrimumi hours established shall not apply in cases of
emergency or in those departments or divisions of the Photographic
Mannufalcturing Industry in which sea~sonal or peake demand places a.n
unusual and temlporary burden for production upon suIch departments
or divisions, except that in all such cases no employee shall be per-
mitted to work mnore t~han anl algl'greate of on~e hundred forty?-four
(144) hours per year in excess of thle maxsimlum limitations above
C. That the maxlimnum hours e~stablished shall not. apply to em-
ployees engaged in research a nd experimnenta~l ca pneit.ies or t~o emulsion
makers eungged in secret. processes, or t~o designing aind tooling
D. That the maxsimumi hours established shanll not. apply to repair
shop crews, outside crews,! andi cleaners, but further provided that all
such employees shall be paid alt the rate of time and one half for all
hourrs per w~eek over for~ty!.
On and after the effcctive da-t~e employers shalll not employ or have
in their emnploy any person under the age of sixteen (16) years.
As required by Section 7 (0) of Tit~le I of the Nat~ional Industrial
]Recovery Act the following provisions are conditions of the Code:
"L(1) TLhat employees shall have the right to organize and bargain
collectively through representatives of their owEn choosing, and shall
be free fromt the interference, restraint,? or coercion of em~ployvers of
labor, or their agents, in the designation of such r~epr~esenttnatives or in
self organization or in other concerted activities for t~he purpose: of
collective bargaining or other mrutulal aid or protection:
"(2) That no employee and no one seeking employment. shall be
required as a condition of employment, to join any company umion or
t.o.,. refrain fom Joinin, organizing, or assistmng a Inbor organization
of his own. choosing; and
"(3) That employers shall comply with the mnaximnum hours of
labor, mninimuim rates of pay, arid other conditions of employment,
approved or prescribed by the Presidlent.."
With a vriew to keeping: the President of the United States and the
Administrator informed as to the observance or nonobservance of
this code, and as to whether the Photographic M'anufacturing In-
dustry is taking appropriate steps to effectuate in all respects the
declared policy of the National Industrial Recovery Act, each em-
ployer shall prepare and file writ.h the Code Committee of the Phot~o-
graphic M~anufacturing Industry, composed of seven members, herein-
after appointed, and at such times and in such manner as miay be
prescribed, statistics coverings number of employees, wage rates,
employee earnings, hours of wor~k, and such other da ta or information
as thle Code Commzittee of the Photographic M~anufalcturing Industry
mnay from time to time require for the use of thle ALdministrat~or.
Except. as otherwise provided in the National Industrial Recovery
Act all statistics, data and information filed in accordance with the
provisions of A~rt~icle V'I shall be confidential, and the statistics, data
and information of one employer shall not be revealed to any~ other
em-ployer except that for the purpose of administering or enforcing
the provisions of this Code, the Code Commlittee of the Photoigraphic
Manufacturing Indust~ry shiall have access to ainy andi all statistics,
data and information that. may be furnished in necordance wsith t~he
provisions of t.hiis code.
If formal comnplaint shall be mande to the Code C'ommit tee tha t any
of the provisions of this Code hiave been violated by any employer
in the Phot~ographic M~anufacturing Industry, the Code Commit~tee
shall promptly investigate the facts and to~ t~hat end mnay cause such
examination t~o be made as mlay be deemed necessary in the circumn-
stances, the result. of such examination to be reported, if required, to
the National Industrinl Recovery Admninist~ration.
If any employer in the Phot~ogratphic M~anufaicturing Industryv is
also an employer of labor in any other industry the provisions of this
Code shall apply to and affect only that part. of the business of such
employer which is included in the Photographic Industry.
This Code and all the provisions thereof are expressly made subject
to the right of the President, in accordance with the provisions of
Clause 10 (b) of the National Industral Recovery Act, fromt time to
timne to cancel or modify any order, approval, license, rule or regula-
tion, issued under Title I of said Act and specifically to the right of
the President to cancel or miodifyv his approval of this Code or any
conditions imposed b~y him upon his approval of this Code.
Such of the provisions of this Code as are not required to be in-
cluded therein by the National Iridustrial Recovery: Act may, with,
the approval of the President, be modified or eliminated as changes
in circumstances or experience may indicate. It. is contemplated that
from time to time supplementary provisions to this C~ode or addi-
UNIIVERSITY OF FLORIDA
10 3 1262 08728 0268
tional conditions will be submitted for the alpproval of the Presidecnt;
to prevent unfair competition in prices and other unfair destlruct~ive
and competitive practices and to effectuate the other purposes and
policies of TIitle I of the Nat~iondl Industr1ial Recovery Act., provided,
however, that no modification or amendment of this Code sha.ll be
made by the members of the Code w\it~holt. the consent in writing of
members employing at the time at least. t~wo-t~hirdcs in number of the
employees subject to the provisions of this Code.
All of the provisions of this Code, unless revised, modified, or re-
pealed as hereinabove pr~ovidled, shalll 1remin in full force and effect
until the expiraition date of Title I of t~he National Industrial Re-
M. B. Folsom is hereby appointed Secreta~ry of the Code Commit.-
tee. H3is duties shall be to necep~t. nd file applications for mlember-
ship in the Code, to keep records of all proceedings relatinlg to this
Code, and to conduct correspondence w\it~h mlember~s of the Code re-
lating to all matters arising under the C'ode. In case of his resigna-
tion or death or inability for any reason to act., his successor shall
be selected by the then members of t~he C'ode.
L. D~udley Fieltd, E. ~H. Gates, Sherman Hall, Thomas J. Hargrave,
J. H. McNabb, Gilbert 1E. Mlosher, and Richard Salzgeber are hereby
appointed the seven mnemlber~s of the Code Commrittee. Alny member
of te Cde ommiteemayact either in person or by proxy. In
case of the resignation, deatoinpaiyoacofn m br
of the Code Committee, his successor shall be selected by the then
members of the Code.
By L. DUDLEY FIELD.
E. H. GATES.
THOMlAS J. HARGRAVE.
J. H. MIcNABB.
GILBERT E. hIOSHER.
I, M. B3. Folsom, Secretary of the Code Committee of the Photo-
graphic Mianufacturing Indust~ry, do hereby cert~ify that the fore-
gomng is a, true copy of the Code of Fai~r Competition for t~he Photo-
graphic Madnufacturing Industry submitted to the Administrator
under the National Industrial Recoveryv Act on July 27', 1933, as
amended by~ authority of the Code Comm~ittee of the Photographic
[SEAL.] (S) hI. B. FOLsoM~,
h1. B. FoLsoM,
Datd AGUB 11 193.Sercrtary of the C~ode Conmmittee.