Registry No. 1829-21-01
For sale by the Superintendent of Documents, Washington, D.C. - Price 5i cents
NATIONAL RECOVERY ADMIINISTRATION
CODE OF FAIR COMPETITION
AND CRANEi INDUSTRY
AS APPROVED ON NOVEMBER 8, 1933
WA DO OUR PARY'
1. Executive Order
2. Letter of Transmittal
GOVERNMENT PRINTING OFFTICE
This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of F'oreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post O~ffice Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston1, S.C.: Chamber of Comzmerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commeree.
Dallas, Tex.: Chamber of Com~merce Building.
Detr~oit, Mich.: 2213 F'irst National Bankr Building.
Houston, T'ex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamzber of Commerce Building.
Jackisonville, F'la.: Chamber of Commerce Building.
Kiansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, K~y.: 408 Eedleral Building.
Me~mphis, Tenn.: 229 Foleral;~ Building.
M~iinneapolis, Mlinn. : 218 Fiederal Buibliner.
Newv Orleans, La.: Room 225-A1, Customhouse.
New Yorki, N'.Y.: 7341 Customhouse.
Norfolk, VaI.: 4106 East Plume Street.
Phliladelp~hia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 NewR Post Offce Bu~ibling.
St. L~ouis, Mao.: 506 Olive Street.
San 3Fralncisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 F~ederal Building.
CODE OF ]FAIR COMPETITION FOR THE SHOVEL, DRAGLINE ABND CRANBI
An application having been duly made, pursuant to and in, full
compliance with the provisions of title I[ of the JNational Industrial
Recovery Act, approved June 16, 1933, for my approval of a Code of
~Fair Competition for the Shovel, Dragline and Crane 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 recolnunendatins~o and findings with
rlespect thereto, and the A8dministrator having found that the said
Code o~f F'air C~ompetition complies in all respects with the pertinent
provisions of title I of said act and that the requirements of claurses
(~1) and (2) of subsection (a) of section 8 of the said Act have been
NJOW- TH]-ER3EFiORE, IC, Franklin DI. Roosevelt, President of the
United S 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 and recommnendattionsr,
and ~finldin~gs of thne Administrator and do order that the said Code
of Fair Competition be and it is hereby approved.
FRANTK~IN D., ROOSEVEL;T.
THE BHITE HOUSE,
Novezb~er 8, 1r933.
Approval recommended :
Huan3 S. JoHNsoN,
A dna nistratcfor.
N-OV~EMER 4, 1933.
The White HRou~s.
SmR: This is a report on the Code of Fiair Competition for the
Shovel, IDragline, and Crane Manufacturing Industry, the hearing
having been held in WiCashing~ton September 29, 1933, in accordance
with the provisions of the National Inrdustrial IRecovery Act.
PROVISIONS ON HOURS AND WVAGES
Factory employees will be limited to 40 hours per week: and 8 hour
per day, except during peak periods, when they mnay work 44 hours
per week, in not more than 8 wPeeks in any 6 months. Timne and one
half will be paid to employees working in excess of 8 hours per da~y,
or 40 hours per week.
~A tolerance of 10 percent over the minimum hoursprsibdil
be permitted for those engpage in preparation and mascinenancel
work, or as shipping clerks. h above limitations in hours do not
apply to service men, traveling salesment or to employees in a mana-
gSerial, executive, or supervisory capancity who receive more than
$35.00 per week, nor to those on emergency maintenance and emer-
genrcy3 repair work, the latter class being paid time and one half for
all hours worked in. excess of 8 hours per day or 40 hours per week.
TheF minimum wage for factory employees engaged in manufac-
turing operations will not be less than 40 cents per hour. No dis-
tinction in wage rates will be made between male and female
employees. Adjustment of wage ra~tes above the minimrum provided
will be made and will be reported to the Code Auxthority.
A maximum of 40 hours per week is provided for employees
engaged in accounting clerical, service, and sales wocrk, and the
minimum wage will be In accordance with the Presidetnt's Reemlplo~y-
ment Agreemnent. Salaries Inow higher than. the above mninimums will
not be reduced because of a change in hlourls provided in. th Code.
Office boys, messengers, and old and infirm employees will receive not
less than 80 percent of the minimurin wage, and the number of such
employees, together with apprentices, will not be more than. 5 percent
of tle. total number of employees of anly employer.
The minimrum age will be 16 years and no person under 18 years
will be employed in other thanl offce workr.
ECONOM\IIO EFFECTS OF THE CODE
This Indulstry manufactures power-opcraltedr shovels, draglines,
locomotive cranes, and the like, the product being largely used for
excavating on public-works projects and in the building industry,
The 80 companies employed 14,440 persons in 1929, but this number
was reduced to an average of 4,100 during thet low period of the first
half of the year 1933. Since thie application of the 40-hour week
employment has been increased approximately 20 percent.
The increased wage scale under the provisions of this Code is
expected to add 15i percent to the pay rolls of the Incllotry at its
present rate of operation. T~he annual sales of the prodluctsi of the
Industry have dropped from $77,800,000 in 1930 to 90,33,000 for
the first six months of 1933, anld the Industry is now operating at
only 12 percent of capacity. In working out a~nd accepting its Code,
this Industry has sihownz a spirit of cooperation with thne purposes
of the Act.
The A~dministrator finds that:
(a) The Code as recommended complies in all respects with the
p~ertinent provisions of Tritle I of the Act, including, without limita-
tion, subsectionl (a) o~f Section 7 and subsection (b) of Section 10
thereof ; and that
(b) The appliennt group imposes no inequitable restrictions on
admission to membership therein and is truly representative of the
Shovel, Dragline, and Crane Industry; and that
.(c) The Code as recommended is not designed to promote monop-
olies or to eliminate or oppress smarsll enterprises and will not operate
to discriminate against them, and will tend to effectuate the policy
of Title I of the National Inldustrial Recovery Act.
It is recommended, therefore, that this Code be approved.
HUGH S. JoRNwoP(,
CODE OF FAIR COMPETITION FOR THE SH-OVEL,
D)RAGLINVE, ANI\D CIRANJE INDUSTRY'
To effectuate the policies of Title I: of the Niational Industrial
Recov~ery Act, the following provisions are submitted as a Code of:
FEiair Competition for the Shovel, Dragline, and Crane Industry, and
upon approval by the President, shall be the standard of fair com-
petition for this Industry.
The following words are used in this Code with the meanings set
"ITndustr "-the manufacture for sale, and the sale by the manu-
facturer, of. power-operated convertible shovels and draglines and
special modifications thereof, such as cranes equipped for clamshell
or lifting service, back-digging trench. hoes, skimmers, autatruckz
cranes, and the like, all having a nominal rating of one third (%f)
cubic yard capacity and more, and full revolving locomotive cranes
having a nominal rating of three .(3) tons capacity and more, and
special modifications of such Imachmes emnbodyingr locomotive crane
superstructure, all for use in thne continental United- States of Amer-
xca including Alaska, anld thle Territory of ]Hawaii.
'Employee "-any person engaged in, t~he Industryr in n cpciy
receiving compensation for his services, irrespective of the ctynature
or method of payment of such compensation.
"' Employer -anyone for whose benefit such an employee is so
Member of the Industryr "Lan~olne engaged in the Industry as
above defined, either as an employer or on hias o~wn behalf.
"' Member of the Code "-any member of the Industry who shall
expressly sign@ assent to this Code.
"LApprentice'-A person (usually a minor) bound by indenture to
serve an employer for a term of years at a predetermmed wage for
the period of t~he inde~nture in order to learn a trade, art, or pro-
President "I "Act ", and "Admninistrator "--respectively, the Presi-
dent, of the United States, the Nat~ional Industrial Recovery Act, and
the Administrator of Title I of said Act.
Institute "--Shovel, Dragrline, and Crane Institute, a cooperative
nonprofit Assoiliation, with its office in Chicago, Illinois.
"( Effective Date "--the second Monday after this Code has been
approved byT the President.
Population for the purposes of this Code~ shall be determined by
reference to the 1930 Fiedleraul Census.
(a) No emlployeel., exe. p1:t as hereinafter provided, shall be em-
ployed for more than forty (40) hours inl any one week.
(b) Duri~ng any' peak period in which a concentrated demand
upon any division of anly member of the Industry shall place an
unusual and templloratry production burden upon its facilities, em-
ployees of such division shall be permitted to work not more than
forty-four (44) hours per week in not more than eight (8) weeks
during eachl successive six (6) months' period beginning with the
effective date of this Code.
(c) Hourly rated employees engaged in th~e preparation, care, and
maintenance of plant, m~achiner~y and production facilities, firemen,
stock and shipping clerks, and delivery employees shall be permitted
to wcPork not more than. forty-four (44) hours in any one week; and
during peak periods, as described in paragraph. (b) of this Article,
such employees shall be permitted to w~ork not more than fort;y-
eight (48) hours per wee~k in not more than eight (8) weeks dur-
ing each successive six (6) months' period beginning with the effec-
tive date of this Code.
(d) The limitations as to hours of labor shall not apply to watch-
men, janitors, field-service mnen, employees engaged in emergency
maintenance or emergency repair work, nor to very special cases
where restriction of hours of highly skilled workers would una~void-
ably reduce or delay production. Wf~atchmen and janitors shall not
b~e emrployed~ more than fifty-six (56) hours in any one week.
(e) Timne and one half shall bepaid hourly rated employees for
overtime in excess of forty (40) hours in any one week or eight (8)
hours in anly one dlay; except that in the case of employees c~oerel~d
byT paragraph (c) of this Article III, time and one half shall be
paid for overtime in excess of forty-four (44) hours in any one week
or nine (9) hours in any one day. No overtime shall be paid hourly
rated waltchllrnen, janitors, or ~field-service mnen.
(f) Salaried employees, except as hereinafter provided, shall no~t
be employed for more than forty (40) hours in anyT one week; pro-
vided, howecve~r, that any such employee may be prclmitted~ to work
not more than fortly-eight (48) hours per week in not more, than
eight (8) weeks during each successive six (6) months' period
beginning wvith the effective date of this Code.
(g) The limitations as to hours oif labor shall not applyp to outside
saltilesmen; nor to persons in a managerial, supervisoryT or technic aler~ek
capneit~y receiving more than thirty-five dollars ($35.00prwek
One employee inl each district sales office shall be permitted to workr
forty-four (44) hours per week and one employee in each field service
station shall be permitted to work forty-eight (48) hours per wreek.
(h) No employee shall work or be permitted to workr for a total
number of hours in excess of the number of hours prescribed for
each week and day, whether~ employed by one or more employers.
(a) he inium agethat shall be paid to any employee except
sala rled employees shall entls hnfrycnsprhu;ecp
that the minimum wage that shall be paidl any such employee en-
gaged in nonproductive wcPork, the number of such employees not to
excc~eed ten (10) percent of the total number of hourly rated em
ploye'es, shllnl be not less thlan thirty-five cents per hour.
(b) All salaried employees cover~eiId by pargrp (f) of Araticle
III shall be paid at not less than the floigmnmmrtsi
cities of the sizes listed below and their immrediate trade areas:
Over 500,000) populaltio-n, $15.00 per week; 250,000 or over, but less
than 500,000 population, $14.50 per weekl; under 250,000 population,
$14.00 per week.
(c) No employee of the classes covered by paragraph (f) of Ar-
t-icle III now receiving compensation. at a rate in excess of the mini-
.mum provided in paragraph (b) of this Article IV shall havPe his
compensation reduced on account of any reduction in the weekly
hours of employment maade to conform with the requirements o
parnagrah (f ) of Article III.
(d) The mtinimum~ wage provided in paragraphs (a) and (b) of
this Atlrtcle IV shall not apply to apprentices; provided, however,
that all existing and future apprentiecnrcssalb umte
to he odeAutoriy ad sallbe subject to review of the
The minimumm wage that shall be paid to learners or old employees
who0 byT reason of age or infirmities are limited in their productive
capacity, shall not be less than eighty (80) percent of the applicable
minimum wage provided in paragraph (a) of this Article IV; pro-
vitedl, how~everl, that the total number of such learners and aged or
infirm. employees shall not extceed~ in number five (5) percent of the
number of empl~loyees covered by said parangraph.
(e) The minimum. wae that shall be paid to office boys and grs
and messengers, to a number nlot to exceed five (5) percent of h
number of employ~3ees covered by paragraph (b) of this Article IV,
shall not "be less than eigh~ty (80) percent of the minimum wage
providedt in. said parngrraph.
(f) W~here employees' weekly earnings on piecework divided by
the number of hours worked produces a result less than the minimum
wage sitipulatedL in paragnraph (a) of this Article IV, such earnings
shall be so adjusted as to conform with the aforesltid minimum wage.
(g) No distinction in rates shall be made based solely on. the
grounds of sex between male anld female employees where the same
class of w'ork is performed, regardless of whffether compensation is
calculated on an hourly, wFpeekly, monthly, or piecework basis.
(h) The hourly rates, base piecework rates, and salaries for all
duties and occupations now paid at more than the minimum herein
prescribed, but not including salaries of more than thirty-five
d1ollars ($35.00) per week, shall be equitably. adjusted by all mnember~s
of thie Industry who have not alr~eady done so, anld in no case shall
these rates be dlecreased. Reprsccein th atonae,
wheter riorto r ater he ateof approval of this Cod-e, shall
be reported to the Code Aut~horitly nrot latter than ninety (90) days
cifter the effective date, and to thte ALdministratoo r upon his request.
(i) No member of t.he IndustryS shall reclassify employees or
duties of occupations performed by employees so as to defeat the~
purposes of the Act.
(j) No person who has worked as a learner in, the Industry fors
a. period of three (3) months shall thereafter be classified as a
(k) This Article establishes minimum, rates of payt regardless of
whether the employee's compensation is based on a time rate or on
a pitvl-w-ark performance or other basis.
ARTICLE TJ-CHILD LABOR
No person under isixteen (16j) years of ag~e shall be employed in the
Industry. No person uIndler eighteen (18) years of age shall be
employed in other t~han. office work.
ARTICLE V7I AmD;IxISITrnarrow
SECTIO\N 1. TO further effectuate the policies of the Act a Code
Authority is hereby set up to cooperate with the Administrator in
the administration of this Code.
(a) The Code Authority shall consist of the ExecutivTe Cominittee
of the Institute, together with one representative of members of the
Industry who are not members of the Institute (providing they
desire such representation, and signify their willingness to pay their
pro rata share of the cost of administering this Code); and one or
more appointees of the President if he so desires. The appointee or
appointees of the President shall have no vote. The representative
of the nonmembers shall be elected by the nonmembers in any fair
manner approved by the Administrator.
(b) Any member of the Industry is eligible for membership in the
Institute, and there shall be no inequitable restrictions on such
(c) Any member of the Industry may participate in the prepara-
tion of and any revision or additions or supplements to this Code
and in the Code activities of the Code Authorit~y to the siame extent
as members of the InstituteB by assuming his pro rata share of the
cost and responsibility of creating and administering it, either by
becoming a member of the Institute and paying the annual dues and
assessments of the Institute, or by paying to the Code Authority his
equitable pro rata share of the costs as determined by thre Code
Authority subject to the approval of the Administrator. There shall
be no initiation fee for members of the Industry who onlyT become
members of the Code and do not become members of the Institute.
SEO. 2. The Code Authority shall have the following duties and
powers to the extent permitted by the Act and subject to the right of
the Aidministrator, on review, to disapprove or modify ancy action
taken by the Code AQuthority. fth Inutyal aaeprs n
(a) To collect from members h nutyaldtrprs n
statistics when and as required by thae President and/or the Adminis-
trator and/or their agent or agents; atlso to collect such data, reports,
and statistics as may be required from time to time by t~he Code
Authority, subject to the approval of the Administrator. All such-
information shall be confidential! except insofar as disclosure may
be necessary for the effective administration. and enforcement of this
Cjode. Such data as may be requested by the Administrator shall be
m~ade available to him. Reports submitted by the Code Authrority to
the Presidtent or thie Adfmi nisitrator shall be in such form as may be
In addition. to inlforma~:tion required to be subm~nitted- to thne Code
APuthority, there shall1 be furnmishled to Governmetnt agencies such
statistical information as the Admlninistrator mayn deem necessary for
the purposes recited in Sectio~n 3 (a) of the Act.
(b) The Code Authority may require from the members of the
ICndulstry reports rega-rding prices or prices and discounts on closed
transactions, or such other pe~rtinlent, data on closed transactions as,
in its opinion, may be necessary to effectuate Title I of the Act, and
mlay publish the same should such procedure be deemed advisable.
(c) T'o represent the InTdustry inl conferrinlg with the 1President
or his agents wit~h respect to the administration of this Code and in
respect of the Act and any regulations issued thereunder.
(d) T~o hear and investigate complaints and at~temp~ts to adjust the
same in accordance with law.
(e) To coordinate the administration of this Code with such Codes,
if any ras m be adopted byI any subdivision of this Industry or any
reltedIndustry, with a view to providing joint and harmonious
action on all matters of common interest, all with. approval of the
(f) To studg the trade practice provisions of Article VII hereof,
and the operations thereof, and make recommendations from tim~e to
time to the Administrator which it deems desirable for modification
or addition thereto, which, upon the approval of the Administrator,
after such hearing as may be prescribed, shall become a part of this
Code and have full force and effect as provisions hereof.
(g) To make :reasoinable rules and regulations Inecessary for the
administration of this Coder subject to the right of any affected
person to appeal to the Admmnistrator.
~AnTIcts VII -TRADE: PRACTICES
The following trade practice shall be applicable to power-oper-
ated convertible shovels and draglines andl special modlifientions
thereof such. as cranes equipped for clamshell or lifting service,
backi-digging trench-hoes, skimmners, auto truck-cranes, and the like,
all having a nominal rating of from one third (1/3) up to, but not
including, three (3) cubic yard capacity. Supplemental trade prac-
tice provisions shall her~eafter be submitbted applicable to other ma-
chines or attachments in the Inzdustryr.
SECTION 1. Defsitio~ns.-T'he follow~ingJ words are used in this
Article VII with thne meanings set forth below:
MEachbzte or Attac~nzen~t.-A bare machEine with or without trac-
tion mounting and withn or without shovel, dragline, clamshell, crane,
back-digging trench-hoe, skimmner. or other standard or special front
end equipment; or such~ equipment sold separately; or auxiliary
equipment, such as light plants, starters, air compressor equipmntlt
andl other accessories; or any combination of any~ of the foregoing;
but not r~epair or spare parts for any of! the foregoing.
Newi~ 2Machinez or Attackm~nrn.-A machine or attachment which
has not previously been sold and placed in the possession of thle pur-
Used Machine or Atta~ch~menzt. machine or attachment wvhic~h
has previously been sold and placed in the possession of the pur-
Shipmzent.--Any reference to the date of shipment shall refer to
the date on which the transportation comupanyr issues a bill of lading
for the shl~ipment; or, in the case of delivery by other means than a
transportation company, the date on. which. the shipment leaves the
factory or place of storage. The withholding of a portion of a ship-
ment shall not be considered as postponing the date of shipment.
C~ash.-Lawful money of the United States or immediately collect-
ible check or equivalent instrument.
Distribu~tor.-Dealers, distributors, sales representatives, salesmlen,
sales agents and any other person authorized to sell or negotiate sales
of new machines on behalf of a member of the Industry, except
direct employees of the member of the Industry.
SEC. 2. FZO01tion of T~rade Praictice Code.-Any deviation from
the standards set forth in this Article VII, or any amendments
thereto, by any mremnber of the Industry, either directly or indlirectly
through a distributor, shall be considered an unfair method of com-
petition and a violation of this Code by such member.
SEC. 8. Pub 408640% of Price8.-(!a) IEachl member of the Industry
shall independently publish his price lists, which shall include prices,
shipping weights, and terms of sale for all new standard machines
or attachments, whnichz prices shall be stated f.0.b. works. Publica-
tion shall include filing a completed copy with the Chairman of the
Code Authority, or with such agency as the Code Authorityv may
designate. Al1l sales shall be made f.o.b. manufacturer's works, ex-
cep-ton thato salsmy be made on a delivered basis to points in Washl-
ingtn, rego, Cliforn~ia, Nev~ada, Idaho, Arizona, and Utah and
c~i.f. or f.a.s. to Alaska and the Territory of Hawaii.
(b) Changes in or revisions of published price lists shall be pub-
lished and filed as above provided at least ten (10) days prior to
the effective date of any such changes or revisions, and such changes
or revisions shall be available for d~is~tributionl to all members of the
Industry and to the trade. The Code Authority shall cause a copy
of such price lists and all changes or revisions to be promptly sent
to all members of the Industry affected thereby. When anay mem-
ber of the Industry has so published and filed changes in, or revisions
of his published price lists, any other member of the Industry may
so publish and fie changes in or revisions of his published price
lists, wChich, if filed prior to the date when the changesj or revisionss
first filed become effective, shall become effective upon that date.
(c) No member of the Indu~stry shall sell or offerr for sale any of
his new standard machines or attachments at a price or prices lower
or upon terms more favorable than as stated in his current published
price lists filed as hereinbefore provided.
SEC. q. IFTELCe8 Of MneldA'8i inith Spcycial7 Featurels.--In the sale of a
nlew machine or attachm~enrt involvilng features, equipment, at~tach-
mlenlts, or auxriliaries differing from the items included in the pub-
lishced- price list, the price of such, machine or attachmellnt shall be not
less than a price established as fol'low~s:
(a) In the case of an increase in cost, thie listed price of the nearest
stalindrd machine or attanc'hment, plus the estimated (or actual if
known) net additional cost, weighted by th3e same percentage of over-
headl as applied in fixing the orlgmral price.
(b) In the case of a decr~ease in cost, the listed price of the nearest
standard machiine or attachiment, less the estimated (or actual if
knowcln) net reduction in cost, we~ighlted' as above.
SEC. 5. F~irm~ OrderS Reqired.I'CP-New machines or attalchmentsn
shall be sold only under firm Ealesj contracts or firm purchase ordc-ers,
and such contracts or orders shall provide for shipment within six
(6) months of the date th~e contract or order is signed by the pur-
SEC. 6. Payments in C7ash.--All p~ayments on account of the pur-
chase price of a new machine or attachment shall be made in cash as
dlefined in Section I of this _Article when. due.
SEC. ?. Down Paym,,en~t in DeferredE-paymez~nt Sales.--In the sale
of a new machine or attachment on deferred-payment terms, a cash
down payment of not less than twenty-five percent (85%0) of the
total sales price shall be required and collected from the purchaser
either before the time ofE shipment and/or by sight draft with bill
of lading attached.
SIEC. 8. I%888ae140% 8 n Deferredl-paymenrt Sales.--In the sale of a
new machine or attachment on deferred-payment terms, the unpaid
balance of the purchase price shall be made payable in equal monthly
installments, or better, the first installment to be payable in not more
than six~ty (60) days from. the date of shipment, the last installment
to be payabllle in not more than fifteen (15) months fromt the date of
shipment, all installments to be evidenced by notes bearing date of
shipment. N~o inlstallbnent note shall be extendezd or renewed in whole
or in, par~t, excet~~ for inability of the purchaser to make payment.
SEC'. 9. Inte768t. In the sale of a new machine or attachment on
deferred-pay~ment terms, the rate of interest on all unpaid portions
of the purchase price shall be not less than. six percent (6%0) per
annumn from the (Inte -of shipment, until paid.
IEC. 10. Cash D3iscount.--Cash discount terms on sales of new
machinle or attachments shall not exceed two percent (2%t) for
cash within fifteen (15) days after shipment.
SEC. 11. Net Ca81 AFR 8.- 8 SRIESe sl Of Il8W machines or att~ach-
ments are made on a net cash basis, and no cash discount is involved,
full payment in cash must be made by the purchaser within thirty-five
(35) da~ys from the date of shipment.
SEc. 12. Guaxra~ntyl.--In the sale of a new machine or attachment,
no guaranty shall be made except for materials and workrmanship and
for conformity to spe~cific~ations; provided that no guaranty of ma-
terials or workmanship shall be made beyond claims presented in
writing within six months after date of shipment.
SEC. 13. No Discrimin~ation Betwxeen P~urchasrere.--In the sale of
new machines or attachments no member of the Industr~y shall dis-
criminate, either directly or indirectly, in the prices charged or
terms allowed, or by anly of the fPollowing practices, an no member
of the Industryr shall engage in any of such practices:~---
(a) Re n.f tah. Rentinga new machines or attachments.
()Trials and D3emon~~strcti'ons.-Selling a new machine or attatch-
ment subject to acceptance after a trial or demonstration on. the
purchansers job; provided, that in the case of the ~first machine or
attachment of each distinctly new type or size, with new model
decsignation, if no machine of the same type and size has previously
been, sold, the contract mna~y include a stip~ulation permitting rescission
of the contract by the customer within ninety (90) days from date of
(c) Tradce-ins.-Taking used machines or attatchmenlts, used equip-
ment, or other property in trade on thepucaerieoanwma
chine or attachment, or making an :Lallowanc~pie or ga ntin creit
directly or indirectly therefore in any connection.
(d) ~Rebates.--Paying or allowing, directly or indirectly, to any
purchaser of a machine or attachment or to any official officer or
employee of such purchaser, or to anyone else, In connection wPith
any sale or prospective sale, any open or secret rebate, commission,
bonus, refund, unearned discount, or subsidy of any kind, whether
in the formn of) money~, services, free repairs or parts, special rates on:
repairs or parts, or otherwise. The sale by any member of ~the
Industry of parts or of any other article regularly sold by such
member, at a price less than his reglaly established selling price
therefor, in connection with the sae of a new machine or attach-
ment, shall constitute a rebate. No member of the Industry shall
give any gift or gratuity of any nature whatsoever, directly or :ind~i-
rectly, or sell any article whatsoever at a price less than the fair
value thereof, in connection with the sale of any product of the
Industry, to influence any purchaser or prospective purchraser to buy
such product. Nothing herein contained shall prevent the paySment
of compensation to employees and regularly established distributors
of the members of the I~ndustryr.
(e) Looinc~g Onl~y to r8eucrzty.--In the sale of a new machine or
attachment, waiving or agreeing to waive the obligation of t~he pur-
chaser to pay the purchase price in whole or in part, or limiting or
agreeing to limit the manufacturer's right to collect by suit the pur-
chase price in whole or in part, or agreeing to look only to the ma-
chine fior security.
(f) Protection of Price Changes.--Agreeing by option or other-
wise, with a prospective purchaser of a new machine or attachment
as to price of a future sale or agreeing to give the purchaser of a new
machine or attachment anry reduction in the contract sale price con-
tingent on future price reductions.
SEC. 14. 2lisreprePsen2tation of Ozes Produccts.--In the sale or offer-
ing for sale of any machine or attachment, members of the Industry
shall use their best efforts to prevent misrepresenltation of their prod-
ucts by an~y false means or device which has the capacity or tendency
to mislead or deceive purchasers or prospective purchasers.
SEO. 15. Defamation of C~omlpetito's.--No members of the Industry
shall defame any competitor by words or acts which falsely represent
the business integrity or abih~ty to perform contracts of any com-
petitor, or the grade, quality, or reliability of his products.
SECJ. 10). Irzef6T/870cO Swille Onrafc tzal 12e 8JOH.--No member of
the Industry shall maliciously inlduce3 or attempt to induce the breach
of an existing oral or written contract between a competitor anid his
customer or source of supply, or interfere with or obstruct the per-
formnance of any such, contractual duties or services.
SEO. 17. Standardsl of Resp~onsibility.-Mn~ember of the Industry
should maaintain necessary engineering and production facilities to
fulfill warranties and credit terms involved in sales, and to supply
necessary service and repair parts.
SEC. 18. Other~ Unfair1 1Practices.-othing in this Code shall lim~cit
the effect of any adjudication by the Courts or holding by the Fied-
eral Trade Commission on complaint, finding, and order, that anly
practice or method~c is unfair, providing that such adjudication or
holding is not inlconsistent with any provision of the Act or of this
ARTICLES VI[II--GENERAL PROVISIONS
(a) Emnployees shall hnave the right to organize and bargain collee-
tively through r~epresentatives of their owFin 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-organizatlon or in other concerted activities f~or the purpose
of collective bargaining or other mutual aid or protection.
(b) ~No employee and no one seeking employment shall be re-
quired as a. condition. of employmen to join any company unionl
or to reframn from joinmng, organizing, or assisting a labor orgamiza-
tion of his own choosing.
(c) Employers shall comply with the mnaximnum hours of labor,
minimum rates of pay, and other conditions of employment approved
or p~rescr~ibed by the President.
() This Code and. all thne provisions hereof are expressly made
subject to the right of the President, in accordance with the pro-
visions of subsection (b) of Section 110 of the Act, from time to
time to cancel or modify anyv order, approval, license, rule, or
regulation issued under Title I of said Act and specifically, but
without limitation, to the right of the President to cancel or modify
his applrovanl of this Codle or any conditions imposed by h-im upon
his ap~ro~val thereof.
(e) WVithin each State, this Code shall not sup~ers~ede any lawvs
of such State imposing more stringent requiremlents relative to the
age of employees, wages, hours of workr, or general working condi-
tions than are :imposed by thnis Code.
(f) Such of the provisions of this Code as are not required to be
includledl herein by the Act, may, with the ap~prov-al of the President.,
be modtifed or eliminated as cha~ngres in circumnstances or experience
many indicate. It is contemplatedi that from time to time supple-
mentacry provisions to this Code or additiolnal Codes may be sub-
mitt~ed for the approval of the President to prevent unfair comnpe-
tition in price and other unfair and destr~uctive competitive prae-
t.ices, and to effectuate thre other purposes and policies of Title I
of the ~Act consistent. with th~e provisions thereof.
(g) -No provision ini thris Code shall be interpretedd or applied in
such manner as to-
(a) promote monopolies or monopolistic pract ices ;
(b) permit or encourage unfair compe~tition;;
(c) eliminate or oppress small clnterpr,1ises. ; or
(d),(N discriminate against small enterprises.~t
(h oth~ing contained~ in thisj Code shall be deemed to constitute
the mlemnbers. i of this Code partners for any purp'lose.
UNIVERSITY Y of FL ORIDA
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3 1262 08854 3524
(1) If any employer in this Industryr is also an employer in any
other Industry, the provisions of this Code shall apply to and affect
only that part of the business of such employer which Is a part of the
Industry covered by this Code.
(j) This Code shall be in effect beginning on the second Mlondas
after its approval by the President. -It shall remain in effect until
June 1_6 1935, unless the Act ceases to be in effect therebefore, and
shall be binding upon all members of the Industry.