Registry No. 1301--1-02
NATIONAL RECOVERY ADMiINISTRATI[ON
CODE OF FAIR COMPETITION
For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cente
AS APPROVED ON NOVEMBER 4, 1933
1. Executive Order
2. Letter of Transmittal
GOVERNMENT PRINTING OFFICE
This publication is for sale by the Sup7erintendent of Documents, Government
Printing Office, \l'nshington, D.C., and by district ofic~es of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THEE DEPARTMENT OF COMMERCE
.Atla~nta, Ga.: 504 Post O~ffice Building.
Birmi~grham, Ala.: 257 Federal Buildling.
Boston, Manss. : 1801 Custombouse.
Buffalro, N.Y.': Chamubcr of C'ommlerce Building.
Charleston, S.C.: Chamber of Commerce Building.
ChicagoI, III.: Suite 1706, 201 Nocrth ~Tells Street.
Clevelandl Ohio: Chamber of Commer~ce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, M~ic~h.: 2213 F~irst Nationarl Bank Building.
Houston, Tex.: Chamb~ler of Commerce Building.
Indianapolis, Ind.: C'hamber of Comimerce Building.
Jackrsonville, Fila.: Cha;mb~er of Commer~ce Building.
K~ansas City, Mo~.: 10238 Balt'more Aveniue.
L~os Ang~eles, Calif.: 1163 South Broadwaya.
Louisville, KyT.: 408 Frderal Building.
Memphis.iu Tenn. : 229 .Federal Building.
Mliutnumoli.< RIiam.: 213 Federal Building.
New Orleans, La.: Rtoomu 22-A, Customhouse.
New YEork, N,.Y.: 73-1 Clustcmhouse.
Norforlk, Va.: 400ic East P~lumle Street.
Philadlelphin, Pa.: 933 Coimmercial Trust Building.
Pittsburiigh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 21G New~ Post Orlic~e Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 ('ustomhouse.
B Ieattle, Wash.: 8009 Federal Building.
CODE OF FAIR COMPFETZITION FOR THZE OFFICE Eq~UrPIIENT
1\A NUFACTURERS INDUSTRY
An pplcaton avig ben ulymade, pur~suantt to anzd in full
compliance wvith the provisions of tteIo h ainlIdsra
Recovery Act, approved June 16, 1933, for my appr'oval of a Clode of
Fair Comlpetition for thie Otffle EJquipme~nt Mnliufacturers Indlus-
t~ry, and hearings having been held thereon and the Administrator
having rendleredl his report containing an anlalysis of the said code
of fair competition together with his recommendations and findings
with respect thereto, and the Adlministrator having found that the
Said code of fair competition complies in all r~espectls with the per-
tinent provisions of title I of said a-ct and that the requirements of
clauses (1) and (2) of subsection (a) of section 3 of the said act
have been met:
NOW, THEREFORE, I, Franklin D. Roosevelt, President of
the United States, pursuant to the authority vested in me by title I
of the Nrational Indtustrial 1Recovery Act, approved June 16, 1933
and otherwise, do approve the report and recommlenda~tions and
adopt th~e findings of the Adml~inistrator and do order that the said
code of fair competition be, and' it is hereby, approved.
FRANKLIN D. ROOSEVTELT.
THE nYIHITE 110USE,
Novemlber 4, 1933.
Approval recommended :
HUGH S. JonKson,
The PRESIDENT, OEBR8 98
The Wlthite House.
Sin,: A1 proposed Code of Fair Competition for the Offic~e Equip-
ment M~anufacturers :Industrywa submitted to the Admninistrator
op Augu~st ~11 1933 by the O3ff;lee Equipment M~anufacturers Insti-
tute representing 93"9 of t~he known members of the Industry. The
hearing was condlucted in WVashington on September 21. 19:33 andl
the Code wa~s revised during the recess of this hearings and is sub-
mitted in its present form for approval. Every person who re-
quested an appearannce was prop'erly heard in accordance with
statutory andl Iereulat~ory requirements.
The Industry's sales closely reflect fluctuations in general business
conditions. Its volume, therefore, in the past four years shows
an a ppr~oximrate drop of SO0% with a co~incident drop, however, of
only 4SO~ in the number of empIloyveesr. The majority of thle Industry
immedctiately signed the P~resident's Reemploymnent Agreement, with
subsitutions grannt~ed by the P.R.A. Policy Board, resulting in a net
incr~en-e mn employment, as shown by the report of the Research and
Planlning Departmlent, of -appjroximately 40Sr over the average num-
ber of waget earners employed in the first half of the year 1933. The
reempllloyment of labor withl attendant increases in yearlyr payroll
has already been materially increased since the date of t~he submitted
~figures andl will be further accelerated by ainy increase in th~e volume
of its business.
:Risralf. OF CODE
Sec-tion 1 states the purpose of the Code.
Sections 2, 3, 4, 5, and 6 accurately define special references made
in the Code.
Section~r 7 states the effective date.
Slc~tionls 8, 9, 10, 11, 12, 13, and 14 set forth, the mandatory labor
provisions, minimum age requiremntslts maximum hours, and Iinum-
mumn wage rates. The mn xlimumlll hours are limited to 40 per w\eekz
for factory employees. Therse are permnitted to be aver~aged~ over a
ten weeks~l;' period; in addition, under exceptional circ~umstanc.es, such
employees may be permitted to work 48 hours in not more than e~igh~t
weekslc of any six mon:,lths' p-er~iodc. A 10% tolerance of the statedi
hours is exstenrdedl to time clerksl;, firemlren, and r~epa ir1 crews. ]For o~ffice.
employees the muaximu~m hours1' are 40 per week, except that in any sixs
w~eeklS of any six months' period they mnay worrk 48 hours.
The minimum w\age rate for factory emln, oyeees is 40t per hour for
male and 35C per hourll for female employees, unless the hlourly rate
for the same class of workl on July 15, 1929, wass less than 410C per'
hour, in which ense such.1 rates shall not be less than that paid at that
date and in no even~-t less than 3508 per hour. For office emlol~yees the
miinimumn w'age varies from $15.00 to $12.00 accordingr to thle popu-
lation differentials. Apprentices and learners w~ith~out previous
expelII.: Ill)IIL UIllllCIIIC~loIrolence~ \l. may not r;)lr consitut m lorthn 5%n of thle total number of
employees, and their wagaes shall not be less than 805*c of the specified
m i nnimumIs. The samne provisions apply to office boys and girls.
Thle Admiinistrator finds: A. This Code complies in all respects
w~ithl the pertinent. phrases of Title I of the said Act, incluldinrr with-
ouit limitation, subsection Al of Sjection 7i, andi sub~section B of section
10 thereof : B. The Office Equipment Mannufacturers Institute is truly
represcntative of the Office Equipmnent Mannulfacturer~ Industry, and
the bylaws of this Industry~ provide no inequitable res~ctrictions to
memblership; C. The Code is niot designled t~o promote monopolies or
to elimiinate or op~press small enterprises and~ w-ill not operate to
discriminate against them, anid w~ill tend to eff'ecturate the~ policy
of Title I of the National Indlustrial Recovery Act.
It is recommended, therefore, thant this C'ode be approved.
HUTncu S. JOHNSON,
Diglllzed b~y Ile Intlern~el Are hive
In 20111 \I~rh Iunding 1rom
University of Florida. G'eorg~e A. Sminalers Libraries wlhn support from LVRASIS and the Sloan Foulndallon
CODE OF FAIR COMPETITION FOR TH-E OFFICE
EQUIPMENT MANUFACTURERS INDUSTRY
1. To effectuate the policy of Tit~le I of th~e National 'Industr~ial
Recovery Act during the periodl of the emergency, w~ith the purposes
of relieving unemuploymentl establishing fair and adequate wages,
regulating hours of work, improving standards of labor, and pro-
moting and insuring fair trade: practices, beneficial alike to emnployer,
employee, and consumer, the following provisions are establishedi as
a Code of Fair Clompetition for the Ollice Equipmient Mlanufacturers
2. The termi Office Equipment M~anufacturers Industry as usedZ
herein is defined to mean the manufacture, or the manufacturer and
distribution, of machines, equipment, appliances, attachmentss sys-
temis, and 'or supplies incident thereto otherr than business furniture,
equipment? andc supplies definedl in the Code of Fair Competition for
t~he Business Fur~niture, Storage Equipment and FEiiling Supply
Industry), primarily for use in offices anid/or stores, such as manu-
factured and distributed by the present members of the Office Eqluip-
ment M~anufacturers Inst~itute.
3. The term '' Industry as used herein means the Office Eqluipmnent
4. Thle term '' Producer is synonymous withr th term Manu-
facturer or manufacturer and distributor and includes anyone,
firm, association, or corporation engaged in the production, or pro-
duction and distribution of products of the Industry. The ~term
shall include any corporation which is a subsidiary of or is nfliliated-
with such Producer, directly or indirectly,! through ownership or
control, excepting, however, any producer or subsidiary or affliatedl
corporation engaged in the production and-/or distribution of the
Products of the Industry outside the United States, but not excep~t-
ing the production and/or distribution within the U~nited States
of any such corporation.
5. The term "' Operator as used herein is defined to mean anly
person employed to operate machines, equipment, and ap-pliances
manufactured and distributed by the members of the Office Equip-
ment M~anufacturers Industry.
6. Operators of machines, equipment, and appliances manufac-
tured and distributed by the members of th~e Office Equipm~nent
Manufacturers Industry shall be clasfsed as office employees.
EvFECTIn' DATE OF CODE
7. The effective date of this Code shall be thle seco~ndl Mondlay fol-
lowing t.hle date on which the Code shall h~ave besen approved~c by thne
President. of the Ulnited States pursuant to the National Industrial
Recov~ery Act, exept thati the provisions in regard to labor, wagres,
ande hours shall be effective onl the dlate of thie approval of this Codle
by the Presidecnt.
8. Emplloyeesi shall have the right to organize and bargain collee-
tively through repr~esentatives of their ow~n choosing, andl shall be
free from thle interference, restraint, or coercion of employers of
Inbor, or their agents, in thie dlesignation of such representatives or
in self-orga;:nization or in other cojncerted activities for the purpose
of collective bargainingf or other miutual aid or protection.
No employee and no one seeking employment shanll be required as
a condition of em~ploymient to join nny company union or to refrain
from joinling, organizing, or assisting a labor organization of luis own1
Employers shall comp~ly w-ith the maximumn hours of labor, mnini-
murm rates of pay, and other conditions of emp~loyment appr~oved
or prscrC'ib~edi by thre President.
9. Employer's shall nlot employ anfy person under thle age of 10
years provided that in the case of fatory manchine operators this
mamnmum. age r~equir~ement shall be inc~reansed to 18 y~ears.
10. Mn~iimum~ rates of wvage for any class of employees in the in-
dustry described in pn~aragaph 12' shall be 40$ per hour for mien, 35C
per' hour for w~omen.
Providled that, if the hourly rate of wage for thne samne class of w~ork~
on JulyT 15, 1020, wnas less tha:n 40& per hour, then no producer sha~ll
pay less than, the hourly rate in effect on July 15, 19"(9, and in no
event less than 35$ per hour.
The above m~entiorned~ minimum w~agres are not to be construled as
different by reason of sex, and whlen womiien do suibstantially the same
work~ or perform substantiaally the samrie duties as men, th~ey shall
r~ecei ve the samie wnarrge as men'1.
It, is agrleed that tdhe provisions of paragraph 10 establish a gurraran-
teedl minimum rante of pay, rega7lrdless of -whether the emloyeenP is
compenisated on the basis of a time rate or on a p~iecewrork~ perform-
The forlegoingr provisions shall nlot applly to Itnlearnes or.nlpprenltice s
w'ithouit previouus experwneect during the actual p>eriod of app~rentice-
ship, not to exceed six months. The mlilinimumn ralte of p~ay for learn-
ers and appr~entices sh~all not be less than Su'I; of the mninimumn set
forth ab~ove, and1r th~e maximlu m number of ]elearner1s alllnd prentices
shalll not be nor~e than 5%~ of thte total numberJ~! of cimplloyee~s described
in paragrap"lh 12.
11. M\iinimum~ grants of wage~r for anly class of emp~loyeeg in the
Industry decrc!ibedf in. paragr1L~aph. 13 (eCep~it outside saleSmlen)j shall
be as f'ollows: In1 an~y city of 5001,000 p~opulationl or in the immlediaite
tradc'e neenf Of suIch1 city, at the rate of $15.00 per week; in any c'it.y. of
between 250,000 and 500,000 poula''ltion, or in the immnediate tra~de
area of such city, at the rate of $~14.5i0 p~er week; in anly city or town
of less than 250,000 population, or in the immediate trade area of
such cit.y or town, at the rate of $14.00 per wfeeki; in anly tow-n of less
than 2,500 population, or in the immediate trade area of such town,
at the rate of $12.00 per week. Provided, however, that office boys or
girls, learners! and casual employees may be paid not less than 80%~
of such minimum wage, but the total number of ofice boys or grir~ls,
learners, or casual employees shall not exceed in any calendar mionthr
5%~ of t~he total number of employees covered by the pr1ovisionls of
12. No factory or mechanical worker or artisan shall be em~ployed
more than a maximum of 40 hours per week, averaged over a ten
weeks' period; provided, however, that during any period in which
a concentrated demand upon any diivision of the industry shall place
an unusual and temporary burden for production upon its facilities,
any employee of such division may be permitted to work not more
than 48 hours per week in not. mor~e than 8 weeks of any six months'
period, except inl the case of time clerks, firemen, and repair crews,
where there shall be a 10%o tolerance on any 40-hour week. The limi-
stations of this paragraph shall not apply to service men engaged
in outside work away fromt the mannufa~cturing plant, department
foreman, and watchmen.
13. Employees not coveredi by paragraph 12 exceptt outside salles-
men), receiving less than $35.00 per week, shall not be em~ploySed~
more than a maximum of forty hours p~er week'; provided, howrever,
that any such employee may be pelrmit~ted to work not Imore than 48
hours per week in not more than six weeks of any six months' period.
14. No employee shall knowingly be engagedl by any two or more
employ~ers for a longer period than the mnaximlum numblter of hours
permitted for day, week, or month.
15. The rate of compensation for employment, in. effect, on July 1,
1933, in excess of the mlinimnum wfages her~eby agreed to shall1 not be
reduced (notwithstanding that the hours worked in such emplloyment
may' be hereby reduced) and thle rate of pay' for such -employmllentt
will be increased by an equitable r~eadjustmentt of all pa sc-hedules.
16. Employers shall not reclassify employees or tisfocua
tions performed by emlployees so as to defeat the purposes~ of the Act.
17. WFithin each State thiis C~ode shall not sulpersecle any laws of
such State imposing nor~e str~ingent requirem~ent.- regulalting the age
of employees, wages, hours of work, or health~, firet, or general workr-
ing conditions than under this Codle.
18. To further effectuate the policy of the Administration and to
facilitate the administer~ing of thiis C'ode, a Cod~e A2dministr~ative
Board shall be established consisting of one officers or emplloyee desig-
nated by each miemiber of the Industry. This B~oard by a majority
vote shall select a Clode Executive Commnittee of five mnembrer~s to
administer the Code.
The President may appoint. (from one to three) nonvoting mem-
bers w~ho wTill represent thle Government on both the Codle Adminis-
trative Board andl the Code Executive Committee. Such Govern-
mental representatives are to be appointed for terms of from six
months to one year. In case more than one such representative is
appointed, the t.erm~s of appointments arep tor beP o arranged that they
do not expire at the same timle.
The Code Executive Conmmittee shall have the power to call for
such information as it may dleem~ necessary for the enforcement of
the provisions of this Codle only, not including any supplemental or
additional codes which may~ be hereafter submitted. All informa-
tion collected shall be open for inspection by the Administrator but
otherwise kept confidential except for enforcement of this Code.
Each member of the Industry shall be entitled to participate in
and share the benefits of the activities of the Code Admilinistrative
Board andr t~he Conde ExPcultive Committee by assenti;ng to and com-
plying with the requirements of this Code and sustaining his rea-
sonab~le share of the expenses of its administration. The reasonable
share of the expenses of administration shall be determined by the
Code Exzecutiv~e Commnittee, subject to r~eview by th~e Administrator.
In addition to information required to be submitted to the Code
Executive Commiittee, there shall be furnished to Government agen-
cies such statistical information as the Admninistration ma~y deem
n~cussary for TS theprots~e r~ecited in Section 3 (a) of the N~ational
IndusrialRecoery ct. he Administrator, on review, miay dis-
approve or modify any action taken by the Code Executive
SUPPLEMENTAL OR ADDITIONAL CODES
19. In1 view of th~e diversity of products represented within the
Office Equip~ment Manlufacturers Industry, it may be considered ad-
visable or necessary to have supplemental Codles to deal writh such
matters as unfair competition in price and other unfair and de-
struct~ive comnpetitive practices within some subdivision of this In-
dustry; and such supplemental Codes may be submitted and become
a part of this Code upon the approval of th~e President. Organiza-
tions or groups of employers representing a substantial part of any
branchI or subdivision of thre I~nd~ustry will be excepted from the pro-
visions of this Code upon the approval of a specific Code filedl by
such orgranizations or groups, inso~far as the provisions of the
specific Code may be applicable.
20. This Code and all the provisions thlereo~f are expressly made
subject to the right of the 1President, in accordance with the pr~o-
vision of sub-Section (b) of Section 10 of the National Industrial
Recovery Act, from timle to time to cancel or modify any order,
approval, license, rule or regulation issued under Tit~le 1 of said
Act, and specifically, but witho~t. limitation, to the right of thle
President, to cancel or modify hnis approval of this Code, or any
conditions imposed by him, upon his approval thereof.
This Clode, except as to provisions required by the Act, may be
modified on the basis of experience or changes in cir~cumstances,
such modification to be based upon applicationl to the Adlministrator
and such ~notice and hearing as he shall specify, and to become effe~c-
tive on approval of the President.
UNIVERSITY OF FLORIDA111111111