Amendment to code of fair competition for the shovel, dragline and crane industry as approved on April 4, 1934

MISSING IMAGE

Material Information

Title:
Amendment to code of fair competition for the shovel, dragline and crane industry as approved on April 4, 1934
Portion of title:
Shovel, dragline and crane industry
Physical Description:
8 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Cranes, derricks, etc -- United States   ( lcsh )
Shovels -- United States   ( lcsh )
Draglines -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1329-1-01."
General Note:
"Approved Code No. 102--Amendment No. 1."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004943095
oclc - 655319377
System ID:
AA00006686:00001

Full Text

Registry No. 1329--1-01


UNIV. OF FL LII.

UMM.8 DEPL


U.S. DEPO3tTORYI


I I
For sale by the Sulperintendent of Docruments, Washington, D.C. - Price 5 cento


Approved Code No. 102--Amendment No. 1


NATIONAL RECOVERY ADMINISTRATION



AMENDMENT TO
CODE OF FAIR COMPETITION
FOR THE

SHOVEL, DRAGLINE AND

CRANE: INDUSTRY

AS APPROVED ON APRIL, 4, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON :1934























This publication is for sale by the Superintendent of D~ocuments, Government
Printing Office, Washington,D.C., and by district o~flices of the Bureau of
Foreign and D~omestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMEROBC
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Atla.: 257 Federal Building.
]Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Ch~amber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Buildling.
Houston, Tex.: Chambler of Commerce Building.
Indianapolis, Ind.: Chamber of Comnmerce Building.
Jacksonville, Flla.: Chamber of Commuerc~e Building.
Kansas City, Mo.: 1028 Banltimlore Avenue.
Los Angeles, Calif.: 1163 South Broadwray.
Louisville, Ky.: 408 F~ederal Building.
Memphis, Tenn.: 229 Federal Building.
M~inneapolis, Mlinn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Custonihlouse.
New Yorr, NJ.Y.: 734 Customhnouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphial, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Cham~ber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo9.: 506 Olive Street.
San F'rancisco, Calif.: 310 Customhouse.
Seattle, W~ash.: 800 Federal Office Building.













Approved Code No. 102---~dAmendmn No. 1


AMENDMENT TOr CODE OF FAIR COMPETITION
FOR THE:

SHOVEL, DRAGL~INE AND) CRANE INIIDUSTR~Y

As Approved onr Aplril 4, 1L934


ORDER

hTODIFICTION-o~ OF CODE OF FAIR COMPETITION) N FOR THTE SHOVTEL,
DRAC;LINE AND) CRANE INDUSTRY
An application having b~een duly madce p~ursuant to and in full
comlplianlc e with the pr~ovisions of TIitle I of the Nliational Indlustr~ial
Recovelry Ac~t, alpproved June 16i, 1933, for approval of the Supple-
m1ental F~air Trade Practice Provisions of the Code of Fair Compe-
t itionl for the Shovel, Dragline and Crane Industry, and hearings
having been duly held thereon and the unnexead report of said Trade
Practice Provisions, containing findings with respect thereto, having
been made a7nd- directed to the Presiden~lt:
NOW, THEIREFORE, onl behalf of the Pres~idetnt of the United
States, I, H~ugrh S. Johlnson, Administrator for Industrial Recovery,
pur'suant to aulthority vrestedl in me by Exe~cutive Orders of the Presl-
dent, including Executive Order No. 6.143-A, date~d December 30,
1933, and othe~rwise; do hereby incorplor~ate by reference said annexed
report and do find that said Trad~e Practice Provisions comply in
all respects with the pertinent provisionls and w~ill pr~omote the! policy
and purposes~~ of said Title of said Act; and do hereby order that
said Tra~de P~ract ice Ptrovisions be and they~ are hereby approved.
Huanc S. JoI-NaSON,
Aldmin-istrator for Inrdustrial: Recoversy.
Approval recommenlded:
A. R. GLANCY1
Dlivis~ion~ Adm~iinistlraor.
WACTSHINGTON, D. C.
Ap ril 4~, 1934.
51231 *---482-20----34 (1 1












REPORT' TO THE PRtESIDENTI


The PRESIDENT,
The W~hite Hou~se.
SmR: This is, a report on the Sulpplemental Fiair Trade Practice
Provisions for the Code of Fair Competition for the Shov~el, Drag~-
lilne atnd Crane? Industry, as rev~isedc after public heanringr held in
Washingfton on the 26th dayr of January and the 5ith dlay of February,
1934, in neeorda~~nce with the provisions of the National Ind~ustrial
Recovery ~Act.
The Trade Pra:c~ti~ce Provisioins of the Code approv,\ed by you on
November 8, 1933, were applicable to power-operated convertible
shovels and dragrlines and special modifications there1of. Provision
was madl~e in the Clode for the submission of supplemental trnde prac-
tice provisions, applicable to others machines or attachmelnt~ls in. the
industry, and thle Trade Practice Provisions herewithn submitted
apply to the large machine and locomotive crane divisions of this
industry.
The jT)eputy Administrator in his finall report to me having found
as here~tin set forth and on the basis of all the pr1ocedingss in this
matter;
I find that:
(a) Said T~rade Practice Pr~ovisio-ns are well designed to promote
the policies and purposes of Title I of the National~l Inldustrial Re-
corvery~ ALct, including removal of obstructions to the free flowF of
interstate and foreign commerce wohichn tend to diminish the amount
thereof and will provide for the general welfare~ by promoting thne
organization of industry for the purpose of cooperative action amongl~
the trade groups, by indricing and maintaining unlited nation of labor
and mnla~nae ment under adequate governmental slnc~tions and super-
visionl, by e~lim~irnatilgr unfair competitive prac~tic~es, by pr~~lomoing the
fullest possible ultilization of the prlesenlt p~rodne~tive capacity of in-
dustries, by avoiding undue restric~tionl1 of production (except as may
be temporarily required), by in(craing the consumptionio of indus-
trial and agricultural products throughrl ;n:inicre n purrchasing power
by reducing and relieving unemployment. by improving standards
labor, and by otherwise rethab~ilitatiing induslrtry.
(b) Said Indlustr~y normally employs not mlore than 50,000 em-
playe.c-, and is not c~losified by: m-e as a major industry.
(c) The Trade Prnc~tice Provisions as approved comlpl~y in all re-
spects with tche pertinent provisions of said Title of said Act, includ-
ing without limitation Subsection (a) of Section 3, Subsei~tction (a)
of Section 7, and Sub1:-ed~ion (b) of Section 10 thereo~cf; and that
the applicant group is an industrial ;Isoc~iation truly Irepresentative
of the aforesaid indlu-tryS; and that -niid~ assoriation imposes no
jinequitablle re-triitions on whli-sion to membership therein.
(d) The Trade Pratctice Provisiolns arec not des~ignerd to and will
not permit monopolies or monopolistic practices.
(2)








(e) The Tr~ade Practice Provisions are not Idesigned to and will
not eliminate or o~ppress small enterprises and w.Rill no0t operate to
discriminate~ agiinst then.
(f Tos egaed in other steps~ of the economic pro'(cess~ have nrot
beendeprved f te right to be hen rId prior to approval of said Trade
1Practice Provisionis.
For threse reasons, these Trade Practice Provisions have been
approved by me.
Rtesp~ct fully,
HuanG S. Jo~INSsoN, Aldministr~ator .
APRnr 4, 1934.












AMENDMENT T;O CODE OF FAIR COMPETITION FOR
THE: SHOVEL, DRAGLINE AND-CRALNE INDUSTRY
~Anners: VII -TRADE PRAC'ITC'ES

~Add the following sub-paragraph (g) to Section. 13, and add See-
tion 19 to read:
(g) Detailed Drawings.-Fliurnishing detailed drawings of stand-
ard machines or attachments, including parts of same, except when
justified by the needs of an emergency break-down.
SECTON. 19. Governmental Contracts.--(a) The foregoing Sec-
tions 6, 7, and 8 of this Article shall not apply to sales to Colnt~ies
and Townships, provided that payment, on such sales.i is made di-
rectly by such Counties or Townshnips.
(b) Sales may be made on a delivered basis to the Unmited Sta8tes
or instrumentalities thereof and to S~tates or anyr subdivisions thereof.
ARTICLE VII--A---TRADEi PRACTICES FOR LARGE: 1MACH-INES
The tlanl( plractilces set forth in Article VII of this Code shall be~
applicable to the manufacture for sale and the sale~ by the manufac-
turer of power operated convertible shovels and d~razglines and special
modifications thereof, such as cranes equipped for clue-hell~ll or lift-
ing service, back digging trench-hoes, skimmlrers, auto truck-cranes,
and the like, all having a nominal rating of three (3) cuble yards
capacity and more, which shall consrtitulte a D~ivision of the Industry,
to be known as thne Large Maftchine Division, except full-revolving
shovels atnd dlraglliness having a nominal rating of six. (6) cubic yards

The f;~(ol~;:lowing trde practiees shllll be applicable to thre manufac-
ture for sale and. the sale by the manufacturer of full revolving
shovels and dtraglinet having a nominal rating o i 6 ui ad
capacity andl muore:
SECTION. 1. Ue~f~nit on.--lOW.he follow-ing words are used~r herenfter
wCith the meaingsllll- set forth below:
Machine or Attachmient. -A bare machine with. or without traction
mounting andi with or writhout shovel, dragline, clamshetll, or other
standard or sprcif front and equipment; or such equipmellnt sold
tsepar~ately; or auxiliary equipment, s~c~h as light plants, air-com-
press~or equipment and other accessories; or anly combl-ilnation of anry
of the forego~cing; but not repair or spare parts for any of the
fNew Machine! O orAttachm7ent.-Ai~ machine or attachmenttllt which
has not previously been sold and p~laced inl the pos-e~ssion of the,

puchaser.








Shipmntcn.--Any reference to the rlate of shipment shall refer to
th date on which the tralnsportation company issues a bill of lad~ingr
for the final enrload shipnent.; or, in thel case of delivery by other
means than a transportationl compalny, the date on which the final
shipment Ileaves thetr factory. Tlhe w~ithholdinrr of a portion of a
shipmennt shall not be considered as postponing ihe date of sh~ipm~cnt.
Dis r~ib utor.-De~alers, distributors, sales representatives, salesmen,
sales agents and, an~y other person author~izedl to sell or negotiate
sales of new~ machines on behalf of a member of the Ind.ustry, except
direct emplloyees of the mremnber of the Indiustry.
SECTIOIN 2. BiO &,##07 of Trade~ Praictirce Code.--Any deviatio~n fromr
the standards set forth hlere~in, or anymed ntthrtban
membr o th Inustr, ethe diecty or indirectly through a dis-
tributor, shall be considered an, unifair method of competition and
a violation of this Code by such. member.
SEC'TIO)N 3. Firm Orders Required'!.-New machines or alttachmlents;
shall be sold only under firm sales c~ontracts~ or firm purchase ord'ers,
and such~ contracts or.orders shall provide for shipment within eight
(8) months of the date the contract or order is signed by the pur-
chaser.
SECTION 4. I~zter88t.-In the sale of a new machine or attachnment
on dleferr~ed-payment terms, the rate of interest on all unpaid por-
tions of the purchase price shall be not less than six per cent (6c%)
per annum from the date of shipment, until paid.
SECTION 5. Cash Discou/nt.-Cansh discounts terms on sales of ne~w
machines or attachm~ents shall not ex~ceed one per cenlt (19~) for cash
on or befolret the 10th of the calendar month following the calendar
month in which shipment is made.
SFECTI~ON 8. Oft C088&s Xa 8.-When sales of new machines or at-
taichmlents are made on a net cash basis, anid no cash discount is
involved, payment in full shall be required o-f the purchaser writhin~
forty-five (45) days from the date of shipment.
SECTION 7. Guarantylif.--In the sale of a, new machine or attachl-
ment, nlo guaranty shall be made except for materials anid workman-
shnip and for conformity to specifications; provided that nro guaranty
of materials or workmanship shall be made beyond claims presented~
inl writing within six months after date of shipment.
SEC'TIO~N 8. NO Di8cP/971/ton 23Oee Pu8/9068%rs Fl'G8.In the sale
of new machines or attachments, no mlember of the Industry shall
discriminate, either directly or indirectly, by anly of the followingS
practices, and no member of the Industry shall engage in any of
such, practices :
(a) Rentale.--Renting new machines or a~ttachments.
(b) Trialsr anzd Demonstrat~iones.-Selling a nlew machine or attach-
me~nt subject to acceptance after a trial or demonstration on~ the
pulrc'haser's job.
(c) Tradel-in-s.-Taking used machines or attachments, or used
equipment, in trade on the purchase price of a newf machine or attach-
ment, or making an allowance or granting credit directly or indi-
rectly therefore in ang: connection.
(dl) Rebates.--Pay'ng or allowing directly or :indlirectly, to any
purchaser .of a new machine or attachment, or to any official, officer
or employee of such purchaser, in connection wFith any sale or pro-







spective sale, any open or secret rebate, commission, onus, refund
unearned discount, or subsidy of any kmnd, whether in the form oP
money, services, free repairs or parts, or otherwise. Nothing herein
contained shall prevent the payment of compensation to employees
and distributors of the members of the Industry.
(e) Lookingl, Oinly to Securrity.-Iln the sale of a new machine or
attachent, wiving orareeing to waive the obligation of the. pur-
chaser to pay the prhs rc nwoeo npro iiigo
agreeing to limit the manufacturer's right to collect by suit the
purchase price in whole or in part, or agreeing to look only to the
machine for security.
(f) Protection of Price C~hangQes.-Agreeing;, by option or other-
wise, with a prospective purchaser of a new mliachine or attachmnent
as to price of a future sale; or agreeing to give the purchaser of a new
machine or attachment anly reduction in the contract sales price
contingent on. future price reductions.
(g) Detalled.I Dratoring~S.--Furnishi ng detailed drawings of stand-
ard machines or attachments, including parts of same, except, when
just ifiedl by the needs of an. emergency break-down.
SECTION 9. M;/(3/Repr'se station of Olron Pirllrodch.l;-In thne sale or
offe~ringP for sale of a~ny machine or attachmennt, members of the In-
dustry shall use their best efforts to prevent misrepresentation of
their products by any false means or device -which has the capacity
or tendenlcy to mislead or deceive purchasers or pr~ospectivte
purchasers.
SECTION 10. Defamation of Colrn petitfors.~--No member of the In1-
durst'ry shall defamne any competitor by words or acts which falsely
represent the business integrrity or ability to per~formn contracts o
any competitor, or the grade, quality, or reliability of his products.
SECTIO.N 11. 771887 fCHCP~r f with Contractu~al Relations.--No member
of the Industry shall maliciously induce or attempt to induce the
breach of an existing oral or written contract between a competitor
and his customer or source of supply, or interlfer~e with or olbstruct
the performance of any such. contractual dulties or services.
SECIicON 12. c~ SO,,llrld&J Of ReRfabd'sli7f iy.--Members of thne In-
dlustry should maintain ncressar~y engineering and production. facil-
ities to fulfill warranties and credit terms involved in sales, anld to
supply necessar-y service and repair parts.
SECTIO-N 13. Other Un~fai~r Practices.--Nothing in this Code shall
limit the efflc~t of any adjudication by the Courts orr holding by
the Federal Trade Commission on complaint, finding, and order,
that any practice or meethod is unfair, providing that such adjudica-
tion or holding is not inlcolnsistent with any~ provision of the Act
or of this Code.

ARTICLE VII B-TPRADE PRACTCES FiOR LOCOMOTIVE CRANES
T'he trade practices set forth, in. Article V7II. of this Code shall be
applicable to the manufacture for sale and the sale by the mnanu~fac-
turer of powercl operated, standard ,aurge, full-revolvilng locomotive
cranes having a nominal ratting8, without outr~iggers,, of three (3) t
fifty (50) tons calpacity, both incelusi~ve, and special mlodifien;tions o
such machines emlbodying locomotive crane superstructure, which








shall constitute a Division of the Industryl to bec known as the Loco-
motive Crane D~ivision. I~n addition to said trade p~ractices, the fol-
D]owing trade practice shall be applicable to the Locomor~ctive Crane
S~ECTIlON 120. Perfolrmla nrci StandardF~ '/v.--Every'3 proposal upIon mt-
ch lines corningr within the I;range of TL'oclomoi ve C~ratne fa nurlfactu~rers'
Association Performa~nce~ Sflntandars, ]Exhibit "'A"' alttached hereto,
shall be based upo~n said Standards.
Approvedc Codle No. 102. Amendm;e~nt No. 1.
Reg~istry' No. 1320-1--01.
















EXH-IBIT A


ESTABLISHED PERFORMANCE STANDARDS OF THE LOCOMOTIVE CRANE MANUFAOC-
TUREBa' AssocLATION

Thlis Crane fully complies with the performance standards of the Locomotive
Crane Manufacturers' Association adopted March 10, 1921, which are as
follows :
1. These performance standards apply only to standard types of standard
gauge Grane, not exceeding railroad clearance height of approximately 16
feet. Locomotive Cranes of nominal lfated capacities other than. those stated
in paragraph 2 must conform to the basis established by those standards.
2, Locomotive Cranes of nominal rated capacities shown below must have
at least th~e capacities listed at the minimum in the following table:

Minimum safe load with-
out outriggers
Nominal rated capacity Car
12-foot radius 40cl-foot radius

Pounds Pounds
10-ton~_~-~ ......_____~ ........ -wheel and 8-wheel .. .....---~- 20, 000 4, 000
15-ton.......................... 4-wheel and 8-wheel ....... .......-~~~. .. 30, 000 6, 000
20-ton __. ___. ___ ._.-..._._..... 8-wheeL .. ....... ... ..~~-- 40, 000 8, 000
25-ton.._.. __-- .......__.____ 8-wheel_.~_-..- ~ ~ .. ._ _. ... .....- 50, 000 140,00
30-ton____._..................... 8-wheel... .. .. ....... ....... ........ 60,000 12,000


NOTE.--The mlinlimlum1 safe loads shown above are based upon using 40-foot
booml, but are not necessarily available with booms of greater length.
3. T'he tipping capacity of a Crane is at least 17%0 greater than the safe
load specified at any and all radii.
4. Thle tipp(ingS fulcrum is taken at 2,.45 feet from the center of the Crane.
5. The radius is the distance from the rotating center of the Crane to the
center of gravity of the suspended load.
6S. In order to eliminate the varying effect of centrifugal force in a rotating
test of a Crane with maximum load, at any radius, the radius thus dietermined
is to be fixedl by tying the load back to the boom foot.
7. The lifting capacities of a steam Crane are computed wTith fuel and water
tanks half full, an1d with two gauges of wanter in boiler.
8. Fall block is considered part of Crane only when reqyuiredt to lift the load.
The intention is to satisfactorily rate a Crane for bucket work, in which the
bucket usually operates on a single line, and the block is dispensed with.
9. In figuring the stability to the rear, the center of gravriy is taken a
distance of 21 inches back of the center of the Crane, with half the specified
capacity of fuel and water in the tanks and two gauges of water in the boiler
on steamn cranes, with the boom at "the minimum radius for the length of boom
used, and with the fall block on the ground.
10. The length of the boom is measured from center of hinge pin to the center
otf main hoist sheave pin.
1l. The tractive effort, draw bar pull, or grade spoofiedl must be considered
definitely in connection with the travel speed at which that tractive effort or
draw bar pull is available and the grade specified negoctiable. The tractive
effort utilized, in the specifications of these functions does not exceed 17c'o
of the weight on the propelling axles, with one-half fuetl and water in the tanks
and two gauges of water in the boiler on steam Cranes, and without load.
(8)







II I I Il lliil illl 1 I IIII 1 l illllllli I111111 111