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UNIVERSITY OF FLORIDA
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NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
ROCK CRUSHERS INDUSTRY
AS SUBMITTED ON AUGUST 28, 1933
REGISTRY No. 1037-05
The Code for the Rock Crushers Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry
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CODE OF FAIR COMPETITION FOR THE ROCK CRUSHER
ARTICLE I-THE INDUSTRY
The term "industry" as used herein is defined to mean the manu-
facture for sale 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.
This Code of Fair Competition, in the form in which it is finally
approved by the President of the United States, shall become manda-
tory upon all manufacturers of this class of equipment throughout the
United States. This Code is set up for the purpose of increasing
employment, establishing fair and adequate wages, effecting necessary
reduction of hours of labor, improving standards of labor, and elimi-
nating unfair trade practices, all to the end of rehabilitating the
industry represented by the Rock Crusher Manufacturers' Association
and enabling it to do its part toward establishing that balance of
industrial stability that is necessary for the restoration and mainte-
nance of the highest practical degree of public welfare.
It is the declared purpose of The Rock Crusher Manufacturers'
Association and all adherents to this Code to bring, insofar as may be
practical, the rates of wages paid within the industry to such levels
as are necessary for the creation and maintenance of the highest
practical standard of living; to restore the income to all enterprises
lying within the industry to levels that will make possible the payment
of such wages and to avoid the further depletion and destruction of
capital assets; and from time to time to revise the rates of wages in
such manner as will currently reflect variations in the cost of living.
This Code shall regulate the practices with respect to the manu-
facture and sale, in North America, of portable Rock Crushers and
other equipment as defined in Article I of this Code.
Participation in the Code and any subsequent revision of or addi-
tion to the Code, shall be extended and apply to any person, partner-
ship or Corporation in the rock-crushing industry who accepts 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
dues levied on the following basis, viz, an assessment to meet current
expenses and extraordinary expenses as may be found necessary and
are authorized by the Administrative authority.
ARTICLE V-LABOR CODE
The labor code established by said Rock Crusher Manufactuhrers'
Association shall, upon approval of the proper authorities, be binding
upon all producers of products in this Association and is as follows:
(a) Employees in the rock crusher industry 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 organizations or in other concerted
activities for the purpose of collective bargaining or other mutual
aid or protection.
(b) No employee in the rock crusher industry, and no one seeking
employment therein, shall be required as a condition of employment
to join any company union or to refrain from joining a labor organiza-
tion of his own choosing.
(c) Employers of labor in the rock cru-her industry agree to comply
with the maximum hours of labor, minimum rates of pay and other
working conditions approved or prescribed by the President.
(d) It is clearly understood that the foregoing p;aragaplhs do not
impair in any particular the constitutional rights of the employee
and employer to bargain individually or collectively as may be
mutually satisfactory to them.
(e) Nothing in this code is to prevent the selection, retention and
advancement of employees on the basis of their individual merit,
without regard to their affiliation or nonaffiliation with any labor
(f) No employer shall employ in the industry any person under the
age of 16 years.
(g) On and after the effective date of this code no employer shall
work any accounting, clerical, service, sales, express or delivery, em-
ployees in the industry on a schedule of more than 40 hours a week
on a yearly average or more than 48 hours in any one week.
(h) On and after the effective date of this Code no employer shall
pay any one of the classes of employees mentioned in Paragraph (g) of
this section at a rate 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 immediate trade area of such city; and in towns of less than
2,500 population shall increase all wages by not less than 20 percent
provided that this shall not require wages in excess of $12.00 per week.
(i) No employees of the classes mentioned in Paragraph (g) of
this section now receiving compensation at a rate in excess of the
minimum provided in Paragraph (h) of this section, shall have their
compensation reduced on account of any reduction in the weekly
hours of employment made to conform with the requirements of
Paragraph (g) of this section.
(j) The provisions of this section do not apply to employees receiv-
ing more than $35.00 per week or to outside salesmen, outside collectors,
and field service men.
(k) On and after the effective date of this code employers shall not
operate on a schedule of hours of labor for their factory employees in
the industry not covered by Section (f) of this article in excess of
40 hours per week averaged on a yearly basis of 52 weeks or in excess
of 8 hours in any one day. As to employees engaged in the prenara-
tion,care, and maintenance of plant machinery and production facilities,
there shall be a tolerance of 10%, and the schedule of hours of labor
shall not apply to such employees in the case of emergency work.
Any emergency time in any plant shall be reported monthly to the
The limitations as to hours of labor shall not apply to field service
men nor to persons in a supervisory capacity unless they receive less
than $35.00 a week.
(1) On and after the effective date of this code, the minimum wage
that shall be paid by employers to any of their factory workers in the
industry other than those covered by Section (h) of this article shall
be at the following rates:
Cents per hour
Zone A--------------------------------------------------------- 40
Zone B ------------------------------------------------------- 35
Zone C ------------------ --- ----------------------------- 30
Zone A is defined as cities of more than one million population,
t oge t he r with all industrial cities, towns, and villages in the same imme-
diate manufacturing area. Zone C, the States of Virginia, North
Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi,
Tennessee, Kentucky, Arkansas, Louisiana, Texas, and points east
of the Mlississippi, south of Louisville, Kentucky; also all communities
elsewhere in the United States of less than ten thousand population
in which a majority of the adult male population is not engaged in
manufacturing. Zone B, all territory in the United States except
Zones A and C. This paragraph establishes a guarantee minimum
rate of pay regardless of whether the employee is compensated on the
basis of a time rate or on a piecework performance.
(in) In order that the general policy of increasing wages may lead
to equality and new wage levels, having due regard to regional differ-
ences, every employer in the industry shall increase base rates of pay
of all factory and mechanical workers and artisans in the industry
(if not. already so increased) to not less than 85% of the rates paid
by said employer or his predecessor in business for the same class of
work at the same factory on July 15, 1929; provided that no employee
shall be paid less than the minimum rates fixed in this Code.
(n) The Provisions relating to rates of wages shall not. apply to
apprentices, learners, office boys, or messengers not exceeding 5% in
number of the employees of any employer or to persons in a super-
visory capacity receiving more than $35.00 per week.
Population shall be governed by the United States census of 1930.
(o) Employers agree to the maintenance of working conditions that
will insure the health, safety, and happiness of labor.
ARTICLE TI--MARKETING CODE
(a) Fair and uniform treatment of Distributors is guaranteed.
The discount to distributors from the published list prices shall vary
according to the particular type of equipment, but in no case shall it
be greater than 20%.
(b) Each member shall publish a price list to apply to consumers.
These full published retail selling prices shall be maintained on all
orders irrespective of quantities or customer, and any transaction
either by the manufacturer or his agent, to the consumer, in which the
price secured is less than the published price shall be construed as
unfair trade practice and shall come under the jurisdiction of Article
VIII of this Code. Each member shall present to the Association
any new published price lists or revisions of prices 15 days before the
time that it is offered to the public.
(c) The f.o.b. price to any destination shall be not less than the
f.o.b. manufacturer's works price, plus actual freight on the shipment
from the manufacturer's works to destination.
(d) A uniform cost accounting system shall be adopted by all
members of the RCMA after which no member shall sell any item
(e) For the purpose of reducing selling expense the shipment of
equipment into territories for the purpose of demonstrating or other-
wise influencing the award of the order, in advance of the actual plac-
ing of such order shall be forbidden. There shall be no demonstration
of any equipment. This provision shall not be construed to prohibit
demonstration at the manufacturer's plant or branch warehouse.
(f) No equipment shall be rented.
(g) 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 order.
(h) Throughout this Code, the word "cash" is meant lawful money
of the United States, or immediately collectible check or equivalent
(i) To avoid discrimination between purchasers and for the protec-
tion of the industry, uniform terms of selling will be maintained.
These terms will be as follows:
In the matter of terms to be allowed to all contractors and indi-
viduals, a minimum of 25% of the total sales price will be required as a
cash payment, which cash payment, however, can be divided up so
that only a portion of the amount accompanies the order and the
balance will be collected by sight draft against bill of lading. The
balance of the total purchase price shall in no case be spread over a
longer period than one year from date of order, and the deferred
balance shall be evidenced by monthly notes bearing the legal rate of
interest but in no case less than 6%.
In the case of municipalities and political subdivisions, a 25% cash
payment is to be made not later than the date of the first regular
meeting subsequent to the date of the order, and the balance of the
purchase price may be spread over a period not longer than eighteen
(18) months from date of order, and this deferred balance shall also
be evidenced by interest-bearing legal paper of the customer.
(j) No manufacturer or member of this group shall trade or accept
any second-hand or old equipment as part payment for new. They
may, however, assist in finding a buyer for said old machinery but will
in no case take any financial interest in it.
(k) Cash discounts. A maximum discount of 3% shall be allowed
as cash discount on all orders for complete machines to any class of
customer, providing the full cash settlement is received within 15 days
from date of shipment.
(1) Guarantees covering defective material and workmanship shall
not exceed 90 days from date of shipment.
(m) Discontinued or noncurrent lines may be sold at. such prices
as are necessary to move this 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 Executive Committee who shall pass on the obso-
lescence of such equipment and establish rules and regulations under
which it shall be sold.
(n) In the sale or offering for sale of any machine or attachment,
manufacturers shall use their best. efforts to prevent misrepresenta-
tion of their products by any false means or device which has the
capacity or tendency to mislead or deceive purchasers or prospective
(o) No manufacturer shall defame any competitor by words or
acts which falsely represent the business integrity or ability to perform
contracts of any competitor, or the grade, quality, or reliability of its
(p) No manufacturer shall solicit, advise, induce, or entice a cus-
tomer of another manufacturer to breach or rescind his firm sales
order or contract with such other manufacturer.
1. No provision in this Code shall be interpreted or applied in such
a manner as to:
(a) Promote monopolies
(b) Permit or encourage unfair competition
(c) Eliminate or oppress small enterprise, or
(d) Discriminate against small enterprises.
2. This Code or any of its provisions may be canceled or modified
and any approved rule issued thereunder shall be ineffective to the
extent necessary to conform to any action by the President under
section 9 (b) of the National Industrial Recovery Act.
3. Violation by any member of the Rock Crusher Manufacturers'
Association of any provisions of this Code, or any approved rule issued
thereunder, is an unfair method of competition.
4. This Code shall be in effect beginning ten days after its approval
by the President.
The provision of this Code in respect of enforcement thereof by
the Rock Crusher Manufacturers' Association and/or governmental
authority, which provision shall be as strict as the National Industrial
Recovery Act permits, shall be determined and administered by the
Rock Crusher Manufacturers' Association through the Executive
Committee by virtue of the authority vested in it by the Constitution
of the Association and in conformity with the provisions of the
National Industrial Recovery Act, as enacted and in compliance with
regulations and interpretations prescribed by and under the authority
of the President of the United States.
The Executive Committee shall have the authority to cause a dis-
interested audit or exminin;ation of any member's books at any time to
show proof of innocence or guilt of any charges of unfair trade practice,
the expense of which audit shall be borne by the party found in error.
ARTICLE IX-RIGHTS OF THE PRESIDENT
As provided by Section 10B of the Act the President mnay from
time to time c;(lncel or modify any order, approval, incense rule or
regulation issued under Title I of the act.
Manufacturers initially subscribing to this Code are as follows:
Austin-Western Road Machinery Co., Chicago, Illinois.
Diamond Iron Works, Minne pcilis, Minnesota.
Good Road. Machinery Co., Kennett Square, Pennsylvania.
Iowa Manufacturing Co., Cedar Rapids, Iowa.
Lippman Engineering Works, Milwaukee, Wisconsin.
New England Road Machinery Co., Boston, IMassachusetts.
Pioneer Gravel Equipment Mfg. Co., Minneapolis, Minnesota.
Universal Crusher Company, Cedar Rapids, Iowa.
Universal Road Machinery Co., Kingston, New York.
Wisconsin F foundry & Maclhine Co., Madison, Wisconsin.
Gruendler Crusher & Pulverizer Co., St. Louis, Missouri.
Acme Road Machinery Co., Frankfort, New York.
Monarch Manufacturing Co., Wilmington, Delaware.
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