Code of fair competition for the optical manufacturing industry as approved on October 9, 1933, by President Roosevelt

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Title:
Code of fair competition for the optical manufacturing industry as approved on October 9, 1933, by President Roosevelt
Physical Description:
v, 3 p. : ; cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
Supt. of Documents
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Eyeglasses -- Law and legislation -- United States   ( lcsh )
Eyeglasses, Protective -- Law and legislation -- United States   ( lcsh )
Industries -- 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:
"Registry No.1031-02"

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004856171
oclc - 63655072
System ID:
AA00006609:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR C OMPE TITI ON



O PTI CA L MAhNU FACTU RI NG

INDUSTRY


UNIV. OF FL L i2.








1. Ex
2. Le
3. Te


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Par male by the Superintendent of Documents, Washibngton,.C. - Price 5 cents


Registry No. 1031--02


AS APPROVED ON OCTOBER 9, 1933
BT
PRESIDENT ROOSEVELT


WE DO OUR PART


;ecutive Order
tter of Transmittal
!xt of Code


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933


UNVRST OF1111111 FLORIDA 111111111 11111111111























This publication Is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C.. and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE: DEPARTMENT OF COMMERCE
Atlanta, Ga.: 5041 Post Office Building.
Birminghlam, Acla.: 257 Federal Building.
Boston, Mass. ; 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Texc.: Chamber of Commerce Building.
Detroit, Mich.: 2213 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Ja~cksonville, Fla.: Chamber of Commerce Building.
Kansas Citr, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 Bouth Broadway.
Louisville, Ky.: Room 40)5, 421 West Market Street.
Memphis, Tenn.: 266 South Water Street.
Minnea~polis, MZinn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Custombouse.
Norfolk, Va.: 406 East Plume Street,
Philadelphia, Pa.: Room 812, 20 South Fifteenth Street.
Pittsburgh. Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Offce Building.
St. Louis, Mo.: 506 Olive street.
San Francisco, Calif.: 310 Customhouse.
Battle, Wash.: 1406 Vance Building.














EXECUTIVE ORDER


CODE OF FAIR COMPETITION FOR. THIE OPTICAL MANUFACTURING
INDUSTRY

An pplcaton avig ben ulymade, pursuant to and in full
compliance with the provisions of tteIo h ainlIdsra
Recovery Act, approved June 16, 19;33, for my approval of a Code
of Fair Competition for the Optical Mannufacturing Industry, and
hearings having been held thereon anid the Adcministrator having
rendered his report containing an analysis of the said code of fair
competition together with his recommendations and findings with
respect thereto, and the Administrator having found that the said
code of fair competition complies in all respects with the pertinent
provisions of title I of said act and that the requirements of clauses
(1) and (2) of subsection (a) of section 3 of the said act have been
met:
NOWT, THEREFORE, I, Franklin D. Roosevelt, President of the
United States, puirsuant to the authority vested in me by title I of
the National In~dustrial Recovery A~ct, approved June 18, 1933, and
otherwise, do adopt and approve the report, recommendations andl
findings of the Admrinistrator and do order that the said Code of
Fair Comipetition be and is hereby approved, subject to the following~
conditions :
(1) To effectuate further thle policies of the Act, an Optical
Manufacturing Industry Comimittee be created to cooperate withi
the Administrator as a Planning and Fair Practice Agency for the
Optical Mlanufacturingr Industry, which Conunittee shall consist of
seven representatives of the Optical M~anufacturing Industry elected
by a fair method of selection, to be approved by the Administrator,
and three members without vote appointed by the Administrator.
FRANKLIN D. ROOSEVELT.
THE ~CHZITE HOUSE,
October 9, 1933.
Approval recommended :
Hean S. Jons-soN, Admlinistrlator.
15088"---133-201--33 (10I)











SEPTEMBER 22, 1933.
The PRESIDENT, THE TCHITE HOUSE.
MClr DEAR AIR. PRESIDENT: This is a report of the hearing on the
Code of Fiair Competition for the Optical Mlanufacturing Industry
in the United States, conducted in W7ashington on August 17th, 1933,
in accordance with the provisions of the National Ind~ustrial Recov-
ery Act.
The following exhibits are included and attached:

SNotice of Hearing
SStatement of Procedure
Statistical Analysis by Research and Planning Division
(Ap pended)
(5) Transcript of the Records (Appended)
(6) List of W~itnesses.
PROVISIONS OF THIS CODE AS9 TO WAGES AND HOURS
II. Wtages.--On and after the effective date, the minimum wages
thlat shall be paid byv any employer in the Optical Mlanufacturing
Industry) to each employee shall be as follows:
()Aminimum of 40$ per hour shall be paid to not less than
15 percent of the total number of the employees of such employer.
(b) A minimum of 321./2d per hour shall be paid to not more than
20 percent, of the total number of such employees.
(c) A minimum of not less than 25$ per hour shall be paid to
not mnore than 5 percent of the total number of such employees.
(The latter employees shall include only learners for a period not
to exceed six week-s; and errand boys and errand girls.)
For the protection of a manufacturer producing a single-line
product, the total number of employees ", for the purpose of this
section, shall mean t~he total number of employees engaged in the
ma~nufact.ure of each single line of product, whether or not a single
manufacturer produces more than one line.
III. H~1ours of Larbor.-On and after t~he effective date the maxi-
Inum hours of labor for employees shall be forty (40) hours per
week. However, 8 hours per week overtime for a period not to
exceed sixteen (16) consecutive weeks may be worked by the em-
ployvees in those divisions where peak demand places an unusual
and temporary burden for production upon such divisions, provided,
that not more than 2,080 hours shall be worked by any employee in
any one year.
That the maximum hours shall not apply to supervisory staff, out-
sid saesenan emrgnc crews; provided, however, that all
such saexeptead empoees paidon an hourly basis shall be paid time
and one third for all hours per week over forty (40).








ECONOMIC EFFECT OF THIE CODE

A large proportion of this industry's volume is controlled by
relatively few companies. In 1931 three out of 102 companies
presented 52 percent of the total business volume.
In 1929 average hours per mnan, per week, were 47. In 1931
average hours per man, per week, were approximately 45.
Forty (410) hours per week~ is t~he most reasonable basis to use
in establishing hours of labor for this industry in order to benefit the
greatest number of wage earners without unurly bulrde~ning the
consuming public.
On the basis of the 40-hour week:, the most practical and reasonable
number of emnployrees who would be benefited by reemployment is
930.
FINDINGS
The Administrator finds that:
(a) The Code as recomm~endled complies in all respects with the
pertinent provisions of Title I of the Act, including without limii-
tation, subsection (a) of Section 7, and subsection (b) of Section 10
thereof ; and that
(b) The applicant group imposes no inequitable restrictions on
admission to membership therein and is truly representative of the
Optical Mannufacturing Industry; and that
(c) The Code as recommended is not designed to promote mio-
nopolies or to eliminate or oppress small enterprises and will not
operate to discriminate against them and will tend t~o effectulate
the policy of Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be immediately
adopted.
Respectfully submitted.
HUan S. JoHNSON,
Admlnin istrator.








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CODE OF FAIR COMPETITION FOR THE OPTICAL
MANUFACTURING INDUSTRY

This Code is established for the purpose of effectuating the policy
of Title I of the National Industriarl Recovery Act.

I. DEFINITIONS

(a) As used herein, the term Optical lifanufacturing Industry "
means the manufacture of spectacles, Oxfords, 10rgnettes, and other
ophthalmic frames, mountings, and accessories; all ophthalmlic lenses
In quantity, eye-glass and spectacle cases, parts, sun-glasse~s, indus-
trial goggles, and eyle protectors and, as adapted to this industry,
instruments, equipment;, tools;, machinery, and furniture for use in
examining eyes and in making, fitting, repairing, and otherwise serv-
icing eye-wear and ophthalmic products; provided, however, that
said term Optical 11fanufacturing Industry shall not include
the wholesale or retail operations with respect to the products
manu factured.
(b) The term emlployer shall include every person employing
labor in the conduct of any branch of the Optical Mianu factu ring
Industry.
(c) Thne term employee shall include every person employed in
any branch of the O~ptical M~anufacturing Industry.
(d) The term effective date means the first Mionday after th
date on which this Code shall be approved by the Presiaent of the
United States.

II. \YAGE8

On and after the effective date, the miinimum wagesS that shall be
paid by any employer in the Optical M~anufacturinlg Industry to
each employee shall be as follows:
(a) A minimum of 409 per hour shall be paid to not less than
75 percent of the total number of the employees of such employer.
(b) A minimum of 32).*.je per hour shall be paid to not more than
20 percent of the total number of such employees.
(c) A minimum of not less than 256 per hour shall be paid to not
more than five percent of the total number of such employees. (The
latter employees shall include only learners for a period not to
exceed six weeks; and errand boys and errand girls.)
For the protection of a manufacturer producing a single-line
product, the total number of employees ", for the purpose of this
section, shall mean t~he total number of employees engaged in the
manufacture of each single-line product, whether or not a single
manufacturer produces more than one line.
III. HoURs or LABOR
On and after the effective date, the maximum hours of labor for
employees shall be forty (40) hours per week. However, 8 hours







per week overtime for a period of not to exceed sixteen (16) con-
secutive weeks mnay be w-orkedl by the employees in those divisions
where peak dlemand places an unusual and temporary burden for
production upon such divlisions, provided, that not more than 2,080
hours shall be worked by any employees in any one year.
That. thle maximum hours shall not apply to supervisory staff,
outside salesmen, and emergency crews; provided, however, that all
such excepted employees paid on an hourly basis shall be paid time
and one third for all hours per week over forty (40).

IV

As required by Section 7 (a) of Title I of the National Industrial
Recovery Act, it is provided:
(a) "' That employees shall have the right to organize and bargain
collectively through representatives of their owFn choosing, and shall
be free from the interference, restraint, or coercion of employers of
labor, onr their agents, in t~he resignation of such representatives or
in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection;
(b) "L That no employee and no one seeking employment shall be
required as a condition of employment to jomn any company umion or
to reframn from joining, organizing, or assisting a Ilabor organ~nztionn
of his own choosing; and
(c) That employers shall comply with the maximum hours of
latbor, minimum rates of pay, and other conditions of employment,
approv'ed or prescribed by the President."


No employer shall employ or hiave in his employ, any person under
16 years of age.
Provided, however, that where a State law specifies a higher mini-
mum~n age, no person below that age so specifiedl by such law, shlau
be emuployved in that State.
V'I. REPORTS

For thle purpose of supplying the President and the Administrator
with requisite data as to the observance anid effectiveness of this
Code, each employer shall furnish regular reports on such matters
related thereto, in such substances and form and at such intervals as
shall be prescribed by the Administrator and the Optical Mianufac-
turers' Code Committee, hereinafter described. The Optical Mlanu-
facturers' Code Committee is hereby constituted the agency to pro-
vide for the collection and receipt of reports and to serve as a central
clear~ing house and coordinating agency for the forwvarding of the
substance of these reports, or at his request the reports themselves,
to the Administrator, theP Conlmmttee to provideP for receiving and
holding suchi reports themselves in confidence.









The Optical Mianufacturers' Code Committee shall be composed of
seven members, chosen by~ a fair method of selection and approved
by the Administrator.
VIII

Any employer may participate in the endeavors of the Optical
Manufacturers' Code Clommlittee, relative to any r'evisions or addi-
tions to this Code, by accepting the proper pr~o rata share of the cost
and responsibility of' creatingr and administeringin this Code.

IX. CANCELLATION OR RIODIFICATION

This Code and all the provisions thereof are expressly made sub-
ject to the right of the President, in accordance wvith thie provision of
Clause (10) (b), Title I, of the National Industrial Recovery Act,
from time to time to cancel or modify any order, approval, license,
rule, or regulation issued under Title I of said Act, and specifically
to the right of the: President to cancel or modify h~is approval of this
Code or any conditions imposed by himn upon his applrovanl thereof.
X. CHANGES AN;D IIDDITIONS

Such of the provisions of this Code as ar~e not required to be
included therein by t~he National Industrial Recovery Act mnay,? witbh
the approval of the President, be modified or eliminated as changes
in circumstances may indlicate. It is contemplaEted that fr~om timie to
time supplementary provisions to the. Code, or additional Codies,
w~ill be submitted for the approval of the President to prevent
unfair competition in price and other unfair and destructive comn-
petitive practices and to effectuate the other purposes and policies of
Title I of the National Industrini Recovery Act consistent. with the
provisions thereof.
XI. PaTIAL INVA~LIDITY

If any provision of this Code is declared invalid or unenfor~ceable,
the rem~naininga provisions thereof shall nevertheless; continue in full
force and effect in the same manner as if they had been separately
presented fo~r approval and app~roved- by the President.
The undersignned duly authorized Secretary of t~he Optical Codle
Committee dloes hereby certify thiat the foregoing is a true copy
of the Code of Fair Competition for the Optical M~anufacturing
Industry, submitted to the Aldministrator under th~e Na~tional In-
dustrial Recovery Act, as amended by authority of th~e said Commit-
tee of t~he Optical Mlanufact.uring Indlustry.
Mi. J. JULIAN.
Dated August 1933.






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