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3 1262 08486 7737 Registry No. 1031-02 

NATIONAL RECOVERY ADMINISTRATION 

c ·onE OF FAIR COMPETITION 

FOR THE 

OPTICAL MANUFACTURING 

INDUSTRY 

AS APPROVED ON OCTOBER 9, 1933 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PART 

1. Executive Order 

2. Letter of Transmittal 

3. Text of Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

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(II) 
• 

EXECUTIVE ORDER 

CODE OF FAIR COMPETITION FOR TIIE OPTICAL MANUFACTURING 

INDUSTRY 

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

compliance with the provisions o:f title I of the National Industrial 

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

o:f Fair Competition :for the Optical Manufacturing Industry, and 

hearings having been held thereon and the Administrator having 

rendered his report containing an analysis o:f the said code o:f :fair 

competition together with his recommendations and findings with 

respect thereto, and the Administrator having :found that the said 

code o:f :fair competition complies in all respects with the pertinent 

provisions o:f title I of said act and that the requirements o:f clauses 

( 1) and ( 2) o:f subsection (a) o:f section 3 o:f the said act have been 

met: 

NO"r, THEREFORE, I, Franklin D. Roosevelt, President o:f the 

United States, pursuant to the authority Yested in me by title I of 

the National Industrial Recovery Act, approved June 18, 1933, and 

otherwise, do adopt and approve the report, recommendations and 

findings o:f the Administrator and do order that the said Code of 

Fair Competition be and is hereby approved, subject to the :following 

conditions : 

( 1) To effectuate further the poli~ies o:f the Act, an Optical 

Manufacturing Industry Con1mittee be created to cooperate with 

the Administrator as a Planning and Fair Practice Agency :for the 

Optical Manufacturing Industry, which Committee shall consist of 

seven representatives of the Optical ~1anufacturing 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 WHITE HousE, 

October 9, 1933. 

Approval recommended : 

HuoH S. JOHNSON, Administrator. 

15088°-133-201-33 (III) 
.. 

The PRESIDENT, THE WHITE HousE. 

SEPTEMBER 22, 1933. 

MY DEAR MR. PRESIDENT: This is a report of the hearing on the 

Code of Fair Competition for the Optical Manufacturing Industry 

in the United States, conducted in Washington on August 17th, 1933, 

in accordance with the provisions of the National Industrial Recovery Act. 

The following exhibits are included and attached: 

(1) Final Code submitted 

3 Statement of Procedure !

2l Notice of Hearing 

4 Statistical Analysis by Research and Planning Division 

(Appended) 

(5) Transcript of the Records (Appended) 

( 6) List of Witnesses. 

PROVISIONS OF THIS CODE AS TO WAGES AND HOURS 

II. W ages.-On and after the effective date, the minimum wages 

that shall be paid by any employer in the Optical Manufacturing 

Industry to each employee shall be as follows: 

(a) A minimum of 40¢ per hour shall be paid to not less than 

'T5 percent of the total number of the employees of such employer. 

( b) A minimum of 321⁄2¢ 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 more than 5 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 the total number of employees engaged in the 

manufacture of each single line of product, whether or not a single 

manufacturer produces more than one line. 

III. Hours of 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 not to 

exceed sixteen (16) consecutive weeks may be worked by the employees 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, 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) 
V 

ECONOMIC EFFECT OF THE CODE 

A large proportion of this industry's volume 1s controlled by 

relatively few companies. In 1931 three out of 102 companies 

represented 52 percent of the total business volume. 

In 1929 average hours per man, per week, were 47. In 1931 

average hours per man, per week, were approximately 45. 

Forty ( 40) hours per week is the most reasonable basis to use 

in establishing hours of labor for this industry in order to benefit the 

greatest number of wage earners without unduly burdening the 

consuming public. 

On the basis of the 40-hour week, the most practical and reasonable 

number of employees who would be benefited by reemployment is 

930. 

FINDINGS 

The Administrator finds that: 

(a) The Code as recommended complies in all respects with the 

pertinent provisions of Title I of the Act, including without limi .. 

tation, subsection (a) of Section 7, and subsection (b) of Section 10 1 

thereof; and that 

(b) The applicant group imposes no inequitable restrictions on 

admission to membership therein and is truly representative of the 

Optical Manufacturing Industry; and that 

( c) The Code as recommended is not designed to promote mo--

nopolies or to eliminate or oppress small enterprises and will not 

operate to discriminate against them and will tend to effectuate 

the policy of Title I of the National Industrial Recovery Act. 

It is recommended, therefore, that this Code be im1nediately 

adopted. 

Respectfully submitted. 

HUGHS. JOHNSON, 

Administrator. 

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 Industrial Recovery Act. 

I. DEFINITIONS 

(a) As used herein, the term " Optical Manufacturing Industry " 

means the manufacture of spectacles, oxfords, lorgnettes, and other 

ophthalmic frames, mountings, and accessories; all ophthalmic lenses 

in quantity, eye-glass and spectacle cases, parts, sun-glasses, industrial goggles, and eye protectors and, as adapted to this industry, 

instruments, equipment, tools, machinery, and furniture for use 1n 

examining eyes and in making, fitting, repairing, and otherwise servicing eye-wear and ophthalmic products; provided, however, that. 

said term " Optical Manufacturing Industry" shall not include 

the wholesale or retail operations with respect to the products 

manufactured. 

(b) The term "employer" shall include every person employing 

labor in the conduct of any branch of the Optical Manufacturing 

Industry. 

( c) The term "employee " shall include every person employed in 

any branch of the Optical Manufacturing Industry. 

( d) The term "effective date" means the first Monday after the 

date on which this Code shall be approved by the President of the 

United States. 

II. WAGES 

On and after the effective date, the minimum wages that shall be 

paid by any employer in the Optical Manufacturing Industry to 

each employee shall be as follows: 

(a) A minimum of 40¢ 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 321⁄2¢ 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 

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 the 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 OF LABOR 

On and after the effective date, the maximum hours of labor for 

employees shall be forty ( 40) hours per week. However, 8 hours 

(1) 
2 

per week oYertime for u period of not to exceed sixteen ( lG) consecutive weeks may be worked by the employees in those divisions 

where peak demand places an unusual and temporary burden for 

production upon such divisions, proYided, 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, 

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 ,,eek o,er 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 

collectiYely through representatives of their own choosing, and shall 

be free from the interference, restraint, or coercion of employers of 

labor, ,or their agents, in the designation 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) "That no employee and no one seeking employment shall be 

required as a condition of employment to join any company union or 

to refrain from joining, organizing, or assisting a labor organization 

of his own choosing; and 

( c) " That employers shall comply with the ma:xin1um hours of 

labor, minimum rates of pay, and other conditions of employment, 

approved or prescribed by the President." 

\ V 

No employer shall employ or have in his employ, any person under 

16 years of age. 

Provided, however, that where a State law specifies a higher minimum age, no person below that age so specified by such law, shall 

be employed in that State. 

VI. REPORTS 

For the purpose of supplying the President and the Administrator 

with requisite data as to the observance and effecti,eness 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 l\1anufacturers' Code Committee, hereinafter described. The Optical Manufacturers' Code Committee is hereby constituted the agency to provide for the collection and receipt of reports and to serve as a central 

clearing house and coordinating agency for the forwarding of the 

substance of these reports, or at hjs request the reports themselves, 

to the Administrator, the Committee to provide for receiving and 

holding such reports them elves in confidence. 
3 

VII 

The Optical Manufacturers' 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 Com1nittee, r elative to any revisions or additions to this Code, by accepting the proper pro rata share of the cost 

and responsibility of creating and administering this Code. 

IX. CANCELLATION OR MODIFICATION 

This Code and all the provisions thereof are expressly made subject to the right of the President, in accordance with the 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 his approval of this 

Code or any conditions imposed by him upon his approval thereof. 

X. CHANGES AND ADDITIONS 

Such of the provisions of this Code as are not required to be 

included therein by the National Industrial Recovery Act may, with 

the approval of the President, be modified or eliminated as changes 

in circumstances may indicate. It is contem.plated that from time to 

time supplementary provisions to the Code, or additional Codes, 

will be submitted for the approval of the President to prevent 

unfair competition in price and other unfair and destructive competitive practices and to effectuate the other purposes and policies of 

Title I of the National Industrial Recovery Act consistent with the 

provisions thereof. 

XI. p ARTIAL INVALIDITY 

If any provision of this Code is declared invalid or unenforceable, 

the remaining provisions thereof shall nevertheless continue in full 

force and effect in the same manner as if they had been separately 

presented for approval and approved by the President. 

The undersigned duly authorized Secretary of the Optical Code 

Committee does hereby certify that the foregoing is a true copy 

of the Code of Fair Competition for the Optical Manufacturing 

Industry, submitted to the Administrator under the National Industrial Recovery Act, as am.ended by authority of the said Committee of the Optical Manufacturing Industry. 

M. J. JULIAN. 

Dated August 1933. 

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