- 422-A Registry No. 1649- 1- 01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

PHOTOGRAPHIC 

MANUFACTURING INDUSTRY 

AS APPROVED ON AUGUST 19, 1933 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PART 

I. Executive Order 

2. Report of National Recovery Administrator Johnson 

to the President 

3. Text of Code 

TED STATES 

GOVERNME T PRINTING OFFICE 

L-------'W"A·SHIN G O : 1933 

For sale by the Superintendent of Documents, Washington, D.C. 

I 

P rice 5 cents 

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• 
EXECUTIVE ORDER 

CODE OF FAIR COMPETITION FOR THE PHOTOGRAPHIC 

MANUFACTURING INDUSTRY 

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

compliance with .the provisions of Title I of the National Industrial 

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

of Fair Competition for the Photographic Manufacturing Industry, 

and hearings having been held thereon, and the Administrator 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 Con1petition 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: 

Now, THEREFORE, I, Franklin D. Roosevelt, President of the United 

States, pursuant to the authority vested in me by Title I of the 

National Industrial Recovery Act, approved June 16, 1933, and 

otherwise, do adopt and approve the report, recommendations, and 

findings of the Administrator and do order that the said Code of 

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

condition: 

(1) To effectuate further the p0licies of the Act, a Photographic 

Manufacturing Industry Committee be created to cooperate with the 

Administrator as a Planning and Fair Practice Agency for the 

Photographic Manufacturing Industry, which Committee shall consist 

of seven representatives of the Photographic Manufacturing Industry 

elected by a fair method of selection, to be approved by the Administrator, and three members without vote appointed by the Adminis- trator. 

FRANKLIN D. RoosE VELT. 

Approval Recommended; 

HuGH S. JOHNSON, Administrator. 

THE WHITE HousE, 

August 19, 1933. 

9672-33 '.(1)~ 

NATIONAL RECOVERY ADMINISTRATION 

INTRODUCTION 

To the President: 

This is a report of the hearing on the Code of Fair Competition 

for the Photographic Manufacturing Industry in the United States, 

conducted in Washington on August 4th, 1933, in accordance with 

the provisions of the National Industrial Recovery Act. 

The following exhibits are included and attached: 

1. Final Code submitted. 

2. Notice of Hearing. 

3. Statement of Procedure. 

4. Statistical Analysis by Research and Planning Division (Ap- pended). 

5. Transcript of the records (Appended). 

6. List of Witnesses. 

7. Exhibit A, list of Corporations signing the Code. 

In the conduct of the hearing every person who had filed a request 

for an appearance was freely heard in public and all statutory and 

regulatory requirements were fully fulfilled. 

The Code which is attached was presented by duly qualified and 

authorized representatives of the industry, and complies with the 

statutory requirements, as representing fully eighty percent of the 

Photographic Manufacturing Industry in the United States. 

ECONOMIC AND STATISTICAL ANALYSIS 

Commodities produced by the Photographic Manufacturing 

Industry had, in 1929, an aggregate value of $102,827,386, ranking 

119th in value of products when compared to other industries for 

that year. In 1931 the aggregate value was $79,506,499, representing 

a decrease of 22.7 percent. This industry produces photographic 

materials and apparatus including all types of ca1neras, sensitized 

material, projectors, films 1 plates, and other pertinent equipment, but 

this Code does not include professional 1notion-picture cameras and 

projectors, nor chemicals because of their distinctly different applications and uses. A large proportion of the total business volume of 

this industry is represented by comparatively few companies. Because of the obscurity of data on separate types of commodities 

manufactured by the industry, the only inforn1ation available is for 

commodities manufactured by the industry as a whole. Materials 

used by the photographic apparatus and materials indu try, in the 

production of it produ ts, can be traced back to almo t every ra,vmaterial source. This industry i economically related to many 

another industry by virtue of the diversity of its consmnption of 

other finished commoditie . The peak year for the photographic apparatus industry was 1929. 

In this year the average purchasing power of the wage earner was 

(3) 
4 

$30.42 per week. This is considerably above the $25.28 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 16,360 persons. Employment from 1929 to 1931 declined 18.2 percent. 

There is no specific information available at the present time to 

show the number of employees in this industry or the hours they are 

actually employed. However, the following table for 1931 classifies, 

according to hours per week, the number of employees and establishments and the percentage of distribution. 

H ours of labor per week by number of establishments and number of wage earners, 1931 

Number N umber Percent 

Hours of estab- workers of total 

lishments employed employed 

Hours not reported_____ ______ ___________________ _____ ____ _____ __ _____ __ 2 4 

44 hours or less ___ ____ ___ ______ __ ______ ________ ________ ____________ _____ 44 941 8. 9 

45 to 48 hours, inclusive__ _____ ____ _____ ____ ___ _________ _____ ____ ___ _____ 46 9,413 88. 7 

Over 48 hours____ ___ _____ __ _______ ____________________ _________________ _ ___ 18 251 2. 4 , ___ _ , __ _ TotaL _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ __ _ _ __ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ ___ __ __ __ _ _ _ _ __ _ 110 10, 609 100. 0 

This Code specifically provide thirty-five cents ($0.35) per hour 

or fourteen dollars ($ 14.00) per week for 40 hours of labor, except that 

learners may be paid not less than 80 percent of this minimum wage 

during a period limited to 60 day and that the total amount paid to 

such learners shall not exceed in any calendar month 5 percent of the 

total wages paid by the employer. 

There is a provision in this Code for 144 hours per year in excess of 

the maximum, limited by a requirement that the average hours 

worked per week shall not exceed 40 hours when averaged over a 

period of three months. This is due t o definite seasonal demand and 

a perplexing problem peculiar to this industry because of the perishable nature of the sensitized products, and a necessity for pursuance 

to completion of attendant processes, when once begun. 

It is estimated that on the basis of 1931 figures, the 40-hour week 

would place no additional burden on the ultimate consumer. If 

wages were maintained on the basis of 1929 figures the price to the 

consumer would increase 7 .8 percent on a 40-hour basis, whereas a 

36.7-hour basis would increase this price 9.3 percent. 

In order to further effectuate the policies of the Act, it is recommended that the Administrator appoint a Photographic Manufacturing Industry Committee to cooperate with the Administrator as a 

planning and fair practice agency for this Industry; and that this 

committee consist of seven representatives of the Photographic 

Industry elected by fair method with the approval of the Administrator and of three members appointed by the Administrator, as 

follows: One of recognized experience and technical knowledge from 

a recognized institution of learning; one to represent the Administrator; and one of recognized ability in the Photographic Manufacturing Industry but without direct personal interest therein. 
5 

It i believed that thi hearing, which ha brought toO' ther all 

diversjfied branches of the Photograpruc 1anufacturjng Indu try, 

is an excellent example of cooperative pfrit and evidence a incere 

desire on the part of this Indu try to n1anjfest the attjtude anticipated 

in the ational Recovery Act. 

It is further believed that actual fact obtained through the antLly i 

of sta6stics and report as provided in thi Code will form a ba is, 

in the future, for any revi ion required to provide for the needs of 

this Industry. 

FINDI~G 

The dministrator finds that- (a) The Code a recommended complies in all respect with the 

pertinent provisions of Title I of the Act, including, without limita- tjon, subsection (a) of Section 7 and sub ection (b) of ection 10 

thereof; and that 

(b) The applicant group 1111.pose no inequitable re trictions on 

admission to membership therein and is truly repre entative of the 

Photographic 1\1anufacturing Industry; and that 

(c) The Code as recommended 1s not designed to promote monopolies or to eliminate or oppress small enterprises and wiJl not operate 

to discriminate against them, and will tend to effectuate the policy 

vf Title I of the National Industrial Recovery Act. 

It is recommended, therefore, that this Code be jm1nedis.tely 

adopted. 

Re pectfully submitted. 

HUGH S. JOHNSON, Administrator. 
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• 

CODE OF FAIR COMPETITION OF THE PHOTOGRAPHIC 

l\1ANUFACTURING INDUSTRY 

To effectuate the policy of Title I of the National Indu trial 

Recovery Act, during .the period of the emergency, by reducing and 

relieving unemployment, impro in()" the standards of labor, eliminating competitive practices destructive of the interests of the public, 

employees and employers and otherwise stabilizing the Photographic Manufacturing Industry and by increasing the consumption 

of industrial and agricultural products by increa ing purchasing 

power, and in other re pects, the following provisions are established 

as a Code of Fair Competition for the Photographic Manufacturing 

Industry: 

I 

Definitions.-A. The term "Photographic fanufacturing Industry" as used herein is defined to mean the manufacture of any of 

the following photographic products: 

(a) Cameras, exclusive of professional motion-picture cameras 

using filn1 having a width of 35 mm or greater. 

(b) Motion-picture projectors, exclusive of professional motionpicture projectors using film having a width of 35 mm. or greater. 

(c) Amateur and professional photographic film, plates, and paper. 

(d) Photographic accessories, equipment, 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 serve in executive, administrative, supervisory, sales, special 

accounting, and/or technical capacities. 

C. The term "employers" 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 Manufacturing Industry as defined above. 

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 thereof or addition thereto. 

II 

On and after the effective date the minimum wage that hall be 

paid any employer in the Photographic Manufacturing Indu try shall 

be at the rate of thirty-five cents ($.35) an hour, or fourteen dollar 

($14.00) per week for forty (40) hours of labor ex ept that learn rs 

may be paid not le than eighty per cent (80%) of uch minimum 

wage during a period limited to sixty (60) days; that th total amount 

paid to such learner hall not exceed in any cal ndar month five 

per nt (5%) of th total wages paid to all emplo e of su h mplo er 

(7) 
8 

during such month; and provided further, that the provisions of this 

paragraph shall not apply to apprentice machinists and apprentice 

toolmakers who are now under contract with their employer under 

forms approved by the National Metal Trades Association or any 

branch of such association. 

III 

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

employees shall be forty (40) hours per week, subject to the following 

limitations and exceptions: 

A. That the average hours worked per week by any individual employee shall not exceed the maximum established when figured over 

a period of three (3) months. 

B. That the maximum hours established shall not apply in cases of 

emergency or in those departments or divisions of the Photographic 

Manufacturing Industry in which seasonal or peak demand places an 

unusual and temporary burden for production upon such departments 

or divisions, except that in all such cases no employee shall be permitted to work more than an aggregate of one hundred forty-four 

(144) hours per year in excess of the maximum limitations above 

provided. 

C. That the maximum hours established shall not apply to employees engaged in research and experimental capacities or to emulsion 

mal~ers engaged in secret processes, or to designing and tooling 

eng1neers. 

D. That the maximum hours established shalI not apply to repair 

shop crews, outside crews, and cleaners, but further provided that all 

such employees shall be paid at the rate of time and one half for all 

hours per week over forty. 

IV 

On and after the effective date employers shall not employ or have 

in their employ any person under the age of sixteen (16) years. 

V 

As required by Section 7 (a) of Title I of the National Industrial 

Recovery Act the following provisions are conditions of the Code: 

"(1) That employees shall have the right to organize and bargain 

collectively 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; 

"(2) 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 

"(3) That employers shall comply with the maximum hours of 

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

approved or prescribed by the President." 
g 

I 

With a view to keeping the Pre ident of the United tate and the 

\.dministrat r informed a to the ob ervance or nonobservance of 

this code, and a to whether the Photographic Manufacturing Industry is taking appropriate steps to effectuate in all respect the 

declared policy of the ational Industrial Recovery Act, each employer shall prepare and file with the Code Committee of the Photoo-raphic 11anufacturing Industry, compo ed of seven members, hereinafter appointed, and at such times and in such n1anner as n1ay be 

prescribed, statistics covering number of employees, wage rates, 

employee earning , hours of work, and such other data or information 

as the Code Committee of the Photographic Manufacturing Industry 

1nay from time to time require for the use of the Administrator. 

Exe pt a otherwise provided in the ational Industrial Recovery - ct all statistics, data and information filed in accordance with the 

provisions of Article VI shall be confidential, and the stati tics, data 

and inform.ation of one employer shall not be revealed to any other 

ern.ployer except that for the purpose of administering or enforcing 

the provisions of this Code, the Code Committee of the Photographic 

1anufacturing Industry shall have access to any and all statistics, 

data and information that may be furnished in accordance with the 

provi ions of this code. 

If formal complaint shall be made to the Code Committee that any 

of the provisions of this Code have been violated by any employer 

in the Photographic Manufacturing Industry, the Code Committee 

hall promptly investigate the facts and to that end may cause such 

examination to be made as may be deemed nece sary in the circumtances, the result of such examination to be reported, if required, to 

the National Industrial Recovery Administration. 

VII 

If any e1nployer in the Photographic Manufacturing Industry i 

also an employer of labor in any other industry the provisions of this 

ode shall apply to and affect only that part of the busine of such 

e1nployer which is included in the Photographic Industr . 

VIII 

Thi Code and all the provisions thereof are expres ly made ubject 

to the right of the Pre ident, in accordance with the provi ion of 

lau e 10 (b) of the National Industral Recovery Act, from. time to 

ti1ne to cancel or modify any order, approval, licen e, rule or regulation, i ued under Title I of aid Act and pecifically to the rio-ht of 

the Pre ident to cancel or modify his approval of this Code or any 

nditi n impo d by him upon hi approval of thi Cod . 

IX 

uch of the provision of this ode a are not r quir d to be inlud d therein by the ational Indu trial R v r t ma , with. the approval of th Pr id nt, be m dified or lirninat d a hange 

in cir umstance or exp rien may indi ate. It i on emplat d tha 

fr m tim to tim upplem ntary pr i ion to thi od r addi-
UNIVERSITY OF FLORIDA 

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tional conditions will be submitted for the approval of the President 

to prevent unfair competition in prices and other unfair destructive 

and competitive practices and to effectuate the other purposes and 

policies of Title I of the National Industrial Recovery Act, provided, 

however, that no modification or amendment of this Code shall be 

made by the members of the Code without the consent in writing of 

members employing at the time at least two-thirds in number of the 

employees subject to the provisions of this Code. 

X 

All of the provisions of this Code, unless revised, modified, or repealed as hereinabove provided, shall remain in full force and effect 

until the expiration date of Title I of the National Industrial Recovery Act. 

XI 

M. B. Folsom is hereby appointed Secretary of the Code Con1mittee. His duties shall be to accept and file applications for membership in the Code, to keep records of .all proceedings relating to this 

Code, and to conduct correspondence with members of the Code relating to all matters arising under the Code. In case of his resignation or death or inability for any reason to act, his successor shall 

be selected by the then members of the Code. 

XII 

L. Dudley Field, E. H. Gates, Sherman Hall, Thomas J. Hargrave, 

J. H. McNabb, Gilbert E. Mosher, and Richard Salzgeber are hereby 

appointed the seven members of the Code Committee. Any member 

of the Code Committee may act either in person or by proxy. In 

case of the resignation, death, or incapacity to act of any member 

of the Code Committee, his successor shall be selected by the then 

nrnmbers of the Code. 

By L. DUDLEY FIELD . 

E. H. GATES. 

SHERMAN HALL. 

THOMAS J. HARGRAVE. 

J. H. McNABB . 

GILBERT E . MOSHER. 

RICHARD SALZGEBER. 

I, M. B. Folsom, Secretary of the Code Committee of the Photo- graphic Manufacturing Industry, do hereby certify that the foregoing is a true copy of the Code of Fair Competition for the Photo- graphic Manufacturing Industry submitted to the Administra tor 

under the National Industrial Recovery Act on July 27, 1933, as 

amended by authority of the Code Committee of the Photographic 

Manufacturing Industry. 

[SEAL.] 

Dated AuGusT 11 , 1933. 

(s) M . B. FOLSOM, 

M. B . F OLSOM, 

Secretary of the Code Committee. 

0