Registry No. 1399-1-15
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON NOVEMBER 1, 1933
WE DO OUR PART
Letter of Transmittal
SUNIV. OF FL LIDa.
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GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933
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CODE OF FAIR COMPETITION FOR THE ROCK CRUSHER MANUFACTURING
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 Rock Crusher Manufacturing Industry,
and hearings having been held thereon and the Administrator having
rendered his report containing an analysis of the said code thereto,
and the Administrator having found that the said code of fair com-
petition 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.
FRANKLIN D. ROOSEVELT.
THE WHITE HOUSE,
November 1, 1933.
Hunc S. JOHNSON,
OCTOBER 23, 1933.
The White House.
SmI: This is a report of the hearing on the Code of Fair Competi-
tion for the Rock Crusher Manufacturing Industry in the United
States, conducted in Washington on September 12, 1933, in accord-
ance with the provisions of the National Industrial Recovery Act.
PROVISIONS ON HouRS AND WAGES
The maximum hours provided by the Code for factory employees
will be 40 per week and 8 per day. When production demands it,
this working time may be increased to 44 hours per week in not
more than 8 weeks in any 6 months' period, the average hours to
be not more than 40 per week. Time and one half will be paid to
employees working in excess of 8 hours per day or 40 hours per
Those employed as preparation, care, and maintenance workers, or
as stock or shipping clerks, will be given a tolerance of 10 percent
over the maximum hours prescribed, the average to be not more
than 40 hours per week in any 6 months' period. The above limita-
tions in hours do not apply to supervisory employees receiving more
than $35.00 per week, service-parts foremen, field service men, nor
to emergency maintenance or repair workers, the last class being
paid time and one half for all hours worked in excess of 8 per day
or 40 per week.
The minimum wage for factory workers will be 40 cents per hour.
No distinction in wage rates will be made between male and female
employees. Adjustments of wage rates above the minimum provided
will be made and will be reported to the Administrator.
A maximum of 40 hours per week is provided for employees en-
gaged in accounting, clerical, service, sales, and delivery work.
Their minimum wage will be in accordance with the President's
Reemployment Agreement. Salaries now higher than the above
minimums will not be reduced because of change in hours provided
in the Code. Office boys and messengers will receive not less than
80% of the minimum wage, and the number of office boys, messengers,
and apprentices will be not more than 5 percent of the total number
of employees of any employer.
The minimum age provided is 16 years, but in hazardous occupa-
tions this age limit is raised to 18 years.
ECONOMIC EFFECT OF THE CODE
This Industry manufactures portable crushing, screening, washing,
and conveying machines for handling rock and gravel. There are
seventeen companies in the Industry, with approximately 1,000
employees. While sales in 1932 were about 80% of the 1929 figures,
there were nearly as many employees engaged in the Industry in
1932 as in 1929, because of the." share the work policy. Only by a
rvival of the building industry can any appreciable number of em-
ployees be added to those already engaged in the Industry.
It is estimated by the Industry that the hours and wages provided
in the Code will increase employment approximately 20 percent, and
that the average income per employee will be increased approxi-
mately 20 percent over the income prior to June 16, 1933.
In working out and accepting its Code this Industry has shown its
cooperation in complying with the spirit of the Act.
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
thereof; and that
(b) The applicant group imposes no inequitable restrictions on
admission to membership therein and is truly representative of the
Rock Crusher Manufacturers Industry; and that
(c) The Code as recommended is not designed to promote monop-
olies or to eliminate or oppress small enterprises and will not oper-
ate 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 approved.
HUGH S. JOHNSON,
A dmini strator.
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CODE OF FAIR COMPETITION FOR THE ROCK CRUSHER
To effectuate the policies of Title I of the National Industrial Re-
covery Act, the following provisions are submitted as a Code of Fair
Competition for the Rock Crusher Manufacturing Industry and upon
approval by the President shall be the standard of fair competition
for this Industry.
The term "Rock Crusher Manufacturing Industry or "indus-
try", as used herein, shall mean the manufacture and the sale by
the manufacturer of portable Rock Crushers and rock and gravel
handling machinery of all kinds of a portable nature and such other
items as are regularly used with said portable equipment.
The term "employee ", as used herein, includes any person engaged
in any phase of the Industry in any capacity, receiving compensa-
tion for his services, irrespective of the method of payment of his
The term employer as used herein includes anyone by whom
such employee is compensated or employed.
The term member of the Industry as used herein includes any-
one engaged in the Industry as above defined either as an employer
or on his own behalf.
The term member of the Code" as used herein includes any
member of the Industry who shall expressly signify assent to this
The term "effective date as used herein means the day on which
this Code shall be approved by the President of the United States.
The term ." learner" as used herein means a person having no
previous experience in the manufacture of Rock Crushers or parts
thereof or in a similar Industry and whose period of employment
as such shall not exceed six months.
The term "apprentice" as used herein means a person, usually a
minor, indentured to serve an employer for a term of years in order
to learn a trade, art, or profession.
.The term "Association as used herein means the Rock Crusher
The term "Administrator as used herein means the Administra-
tor of the National Industrial Recovery Act.
The term "cash" as used herein means lawful money of the
United States or immediately collectible check or equivalent instru-
Population shall be determined by the United States Census of
Participation in the Code, and any subsequent revision of or addi-
tion to the Code, shall be extended and apply to any member of the
Industry who assumes his share of the cost and responsibility, as
well as the benefit of such participation. No initiation fee shall be
charged but there shall be levied an assessment upon each member
of the Code, prorated on a basis of dollar volume of sales to meet
current expenses and any extraordinary expenses which may be
found necessary and are approved by the Code Authority, subject
to review by the Administrator.
ARTICLE IV-LABOR CODE
SECTION 1. (a) 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 repre-
sentatives or in self-organization or in other concerted activities for
the purpose of collective bargaining or other mutual aid or protec-
(b) 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.
(c) Employers shall comply with the maximum hours of labor
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
(d) Employers agree to the maintenance of working conditions
which will insure the health safety, and happiness of labor.
(e) No member of the Industry shall employ in the Industry any
person under the age of 16 years; provided, however, that where a
State law provides a higher minimum age, no person below the age
specified by such State law shall be empToyed within the State. No
person under the age of 18 years shall be employed in any hazardous
SEC. 2. Hours of Labor.-(a) No employee except as hereinafter
provided shall work or be permitted to work in excess of eight (8)
hours in any twenty-four (24) hour period nor in excess of forty (40)
hours in any one week; provided, however, that during any period in
which a concentrated demand upon any division of the Industry shall
place an unusual and temporary burden for production upon its
facilities, an employee of such division may be permitted to work not
in excess of forty-four (44) hours per week in not more than eight (8)
weeks of any six (6) months' period, but the average shall not"
exceed forty (40) hours per week in any six months' period. Where
in any case an employee is worked in excess of eight (8) hours in any
twenty-four (24) hour period, or forty (40) hours in any one week,
time and one half shall be paid for the excess hours so worked.
(b) A tolerance of ten (10) percent shall be allowed for em-
ployees engaged in the preparation, care, and maintenance of plant,
machinery, and production facilities, and for stock and shipping
clerks and delivery employees; provided, however, that such toler-
ance shall not result in such employees working in excess of an
average of forty (40) hours per week in any six (6) months' period.
(c) The limitations as to hours of labor shall not apply to watch-
men nor to employees engaged in emergency maintenance or repair
work; provided, however, that employees engaged in emergency
maintenance or repair work shall be paid time and one half for all
hours worked in excess of eight (8) hours in any twenty-four (24)
hour period or forty (40) hours in any one week; provided further,
that watchmen shall not be permitted to work more than six (6)
days in any seven (7) day period.
(d) No employer shall work any accounting, clerical, service, or
sales employee in excess of forty (40) hours per week on a semi-
yearly average, or in excess of forty-four (44) hours in any one
(e) The total number of hours which shall be worked by any
employee, whether with one or more employers, shall not exceed the
maximum as prescribed herein.
(f) Nothing in this Section shall apply to employees in a mana-
gerial, an executive, or a supervisory capacity receiving more than
$35.00 per week nor to commercial traveling salesmen, outside service
men, or stock room parts men.
SEC. 3. Rates of Pay.-(a) The minimum wage that shall be paid
by employers to any employee, except as hereinafter provided, shall
be forty (40) cents per hour.
(b) No employer shall pay any one of the classes of employees
mentioned in Paragraph (d) of Section 2 of this Article at a rate
of less than $15.00 per week in any city of over 500,000 population or
in the immediate trade area of such city; nor less than $14.50 per
week in any city of between 250,000 and 500,000 population, or in
the immediate trade area of such city; nor less than $14.00 per week
in any city of between 2,500 and 250,000 population, or in the imme-
diate trade area of such city; and in towns of less than 2,500 pouula-
tion shall increase all wages by not less than 20 percent, provided
that this shall not require wages in excess of $12.00 per week. Where
a State law provides a higher minimum wage, no employee within
the State shall be paid a wage below that required by such State law.
(c) No employee of the classes mentioned in Paragraph (d) of
Section 2 of this Article now receiving compensation at a rate in
excess of the minimum provided in Paragraph (b) of Section 3 of
this Article shall have his compensation reduced on account of any
reduction in the weekly hours of employment made to conform with
the requirements of Paragraph (d) of Section 2 of this Article.
(d) The provisions of Paragraph (a) and (b) of this Article
shall not apply to apprentices, learners, office boys, or messengers
to a total number not to exceed 5 percent of the total number of all
employees of any employer; provided, that such learners shall be
paid not less than 80 percent of the minimum wage provided for in
Section 3 (a) of this Article; provided further, that such office boys
and messengers shall be paid not less than 80 percent of the minimum
wage provided for in Section 3 (b) of this Article; provided further,
that all existing and future apprentice contracts shall be submitted
to the Code Authority and shall be subject to the approval of the
(e) Where an employee's earnings on piecework, divided by the
number of hours worked, produces a result under the minimum wage
stipulated in Paragraph (a) of this Article, such earnings shall be
so adjusted as to conform with the aforesaid minimum wage.
(f) The hourly wage rate, the base rates for piecework, and the
salaries of all employees receiving more than the minimum rate or
salary herein provided shall be equitably adjusted, if such adjust-
ments have not already been made.
(g) No distinction in rates shall be made between male and female
employees where the same class of work is performed, regardless of
whether compensation is calculated on an hourly, weekly, monthly,
or piecework basis.
(h) No employee shall be classified in one of the foregoing ex-
cepted classes unless he performs functions identical with those per-
formed by employees thus classified on June 16, 1933.
(i) No person who has worked as a learner for one member of
the Industry for the period of time specified under the term
"learner" in Article II may thereafter be classified as a learner.
(j) The provisions for a minimum wage in this Code establish a
guaranteed minimum rate of pay per hour of employment regardless
of whether the employee is compensated on a time rate, a piecework
performance, or otherwise.
ARTICLE V-TRADE PRACTICES
SECTON 1. (a) Each member of the Industry shall accord fair
and uniform treatment of his distributors, jobbers, dealers, and other
sales representatives. The discount from the published list prices
to said distributors, jobbers, dealers, and other sales representatives
may vary according to the particular type of equipment, but in no
case shall it exceed 20 percent.
(b) Each member of the Industry shall publish and file with the
Code Authority a net f.o.b. manufacturer's works price list to
apply to consumers. Each member shall sell to the consumer only
in accordance with such established price lists and no member shall
sell to or through any distributor, jobber, dealer, or other sales
representative unless such distributor, jobber, dealer, or other sales
representative shall have agreed to sell only in accordance with such
published lists. Each member shall file with the Code Authority
any change in such published price lists or revision thereof ten (10)
days before such new or changed prices shall become effective.
(c) A very substantial portion of sales to ultimate consumers are
made directly by members of the Industry and the balances are made
through dealers. In consequence, restriction of members of the
Industry to fair-trade practices, to be effective, must be supplemented
by prohibiting indirect evasions of such restrictions on the part of
members of the Industry by operations through dealers. Accord-
ingly, it is hereby provided that no member of the Industry shall sell
any product of the Industry through any dealer until such dealer
agrees to comply with the fair-trade practices set forth in this
Article V in the resale of such product.
(d) The f.o.b. price to any destination shall be not less than the
price f.o.b. manufacturer's works plus actual freight from the manu-
facturer's works to destination.
(e) The Code Authority shall set up a uniform method of cost
finding, subject to the approval of the Administrator, to be used
by all members of the Industry in arriving at unit costs.
(f) For the purpose of reducing selling expense the shipment of
equipment for the purpose of demonstrating or otherwise influencing
the award of an order, in advance of the actual placing of such order,
is forbidden. This provision shall not be construed to prohibit
demonstration at the manufacturer's plant or branch warehouse.
(g) No products of the Industry shall be rented by any member
of the Industry.
(h) All machines or attachments shall be sold only under firm
sales orders or contracts, signed by the purchaser and stating a
definite delivery date, prices, and terms. Orders must provide for
delivery not later than sixty (60) days from the date of the order.
(i) To avoid discrimination between purchasers and for the pro-
tection of the Industry, the following uniform terms of selling will
A minimum of 25 percent of the total sales price will be required
as a cash payment from all contractors and individuals, which cash
payment, however, may be divided up so tlat only a portion of the
amount accompanies the order, the balance to be collected by sight
draft against bill of lading. The remainder of the total purchase
price shall in no case be spread over a longer period than one year
from date of order, and shall be evidenced by monthly notes bearing
interest at a rate of not less than 6 percent.
In the case of municipalities and political subdivisions a 25 percent
cash payment is to be made not later than the date of the first regular
meeting of the purchasing body subsequent to the date of the order;
the remainder of the purchase price may be spread over a period not
longer than eighteen (18) months from date of order and shall be
evidenced by interest-bearing legal paper of the customer.
(j) No member of the Industry shall trade or accept any second-
hand equipment as part payment for new. They may, however,
assist in finding a buyer for said second-hand equipment, but shall in
no case take any financial interest in it.
(k) Cash discovunts.-A maximum discount of 3 percent, may be
allowed as cash discount on all orders for complete machines, pro-
viding the full cash settlement is received within 1.5 days from date
(1) No guarantee on equipment shall provide for more than de-
.fective material and workmanship and no guarantee shall exceed
ninety (90) days from date of shipment.
(m) It shall be an unfair method of competition to sell below cost.
Cost shall be determined in accordance with the uniform method of
cost finding subject to the approval of the Administrator, set up as
provided in Section 1 (e) of this Article V.
(n) Discontinued or noncurrent lines may be sold at such prices as
are necessary to move such stock into the buyer's hands. Descrip-
tion of all' such items, together with the quantities thereof and the
minimum prices at which it is contemplated that it be sold shall be
submitted to the Code Authority who shall pass on the obsolescence
of such equipment and establish rules and regulations under which
it shall be sold, subject to the approval of the Administrator.
(o) In the sale or offering for sale of any machine or attachment,
no member of the Industry shall misrepresent his products by any
false means or device which has the capacity or tendency to mislead
or deceive purchasers or prospective purchasers.
(p) No member of the Industry shall defame any competitor by
falsely imputing to him dishonorable conduct, inability to perform
contracts; questionable credit standing or by other false representa-
tion or by false disparagement of the grade or quality of his goods.
(q) No member of the Industry shall solicit, advise, induce, or
entice a customer of another member of the Industry to break or
rescind his firm sales order or contract with such other member.
(r) Prior to December 31, 1933, no member of the Industry shall
increase the sale price of his product sold after the effective date
hereof over the price on July 1, 1933, by more than is made necessary
by actual increases in manufacturing, distribution, and material costs,
or by taxes or other costs resulting from action taken pursuant to
the Agricultural Adjustment Act and/or this Code since July 1,
1933, and in setting such price increase, full weight shall be given
to probable increase in sales volume. In case a member of the In-
dustry on July 1, 1933, was selling his product at less than. actual
cost, he may take his cost price on that date as the base for such in-
crease in selling price as is permitted by this section.
SECTION 1. No provision in this Code shall be interpreted or ap-
plied in such a manner as to-
(a) Promote monopolies or monopolistic practices;
b) Permit or encourage unfair competition;
c) Eliminate or oppress small enterprises; or
(d) Discriminate against small enterprises.
SEC. 2. Violation by any member of the Industry of any pro-
visions of this Code is an unfair method of competition:
SECTION 1. The provision of this Code in respect to administration
thereof by the Industry and/or governmental authority, which pro-
vision shall be as strict as the National Industrial Recovery Act per-
mits, shall be determined and administered by the Code Authority,
which shall consist of the Executive Committee of the Association
(by virtue of the authority vested in it by the Constitution of the
Association), one member of the Industry who is not a member of
the Association, if the nonmembers so desire (said member to be
elected by nonmembers of the Association in any fair manner that
may be approved by the Administrator), and one or more appointees
of the Administrator, if he so desires, who shall have no vote.
SEc. 2. The Code Authority shall have the following duties and
powers to the extent permitted by the Act and subject to approval
by the Administrator:
(a) To collect from members of the Industry all data, reports, and
statistics when and as required by the President and/or the Admin-
istrator and/or their agent or agents and 'or the Code Authority.
Such information shall be confidential. Each such member shall
send his data to a Neutral Agency designated by the Code Authority
in a plain envelope contained in an envelope addressed to the Neutral
i Agency. This Neutral Agency shall assemble all such data and
present to the Code Authority only the combined totals. Each such
member shall retain copies of his own data to be sent direct by him
to the Administrator, if required by the latter.
Reports submitted by the Code Authority to the President and/or
the Administrator shall be in the form prescribed and/or approved
(b) To represent the Industry in conferring with the President
or his agents with respect to the administration of this Code and
in respect to the Act and any regulation issued thereunder.
(c) To hear and investigate complaints and attempt to adjust the
same in accordance with law.
(d) To coordinate the administration of this Code with such
Codes, if any, as may be adopted by any subdivision of this Indus-
try, or any related Industry, with a view to providing joint and
harmonious action on all matters of common interest, all with the
approval of the Administrator.
(e) To investigate and analyze any charge of a violation of this
SEC. 3. In addition to information required to be submitted to
the Code Authority, there shall be furnished to Government agencies
such statistical information as the Administrator may deem neces-
sary for the purpose recited in Section 9 (a) of the National
Industrial Recovery Act.
ARTICLE VIII-RIGHTS OF THE PRESIDENT
This Code and all the provisions thereof are expressly made sub-
ject to the right of the President, in accordance with the provision
of subsection (b) of Section 10 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 an
specifically, but without limitation, 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.
Any proposals for amendments to the Constitution and bylaws
of the Association and "or this Code or supplemental agreements
with respect to wages, hours, or trade practices, or any other matters
shall be first submitted to the Code Authority, which shall consider
the same and confer with members of the Industry affected thereby.
The Code Authority as representing the entire Industry shall have
no power to approve any amendments or supplemental agreements
but may arrange for a hearing before the Administrator on any
proposal which a substantial proportion of the Industry affected by
the proposal desires to present, and shall notify all members of the
Industry of the time and place of the hearing.
Where the costs of executing contracts entered into in the Industry
prior to the date of approval of this Code are increased as a result of 4
the provisions of this Code or any other Code duly approved under
the National Industry Recovery Act, or where any contract entered
into by any member of the Industry prior to the date of approval of
this Code is inconsistent with the provisions of this Code, it is
equitable and promotive of the purposes of the National Industrial
Recovery Act that appropriate adjustments of such contracts be
arrived at by arbitral proceedings or otherwise, and the Code Au-
thority is hereby constituted as agency, with the consent of the buyer,
to assist in effecting such voluntary adjustments. Where the per-
formance of orders accepted prior to the effective date of this Code
is delayed as a result of the operation of provisions of this Code, it
is equitable that appropriate additional time should be allowed for
the completion of such orders.
ARTICLE XI-EFFECTIVE DATE
This Code shall become effective on the date of its approval by
UNIVERSITY OF FLORIDA
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