Citation
Code of fair competition for the rock crushers industry as submitted on August 28, 1933

Material Information

Title:
Code of fair competition for the rock crushers industry as submitted on August 28, 1933
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
Supt. of Documents
Publication Date:
Language:
English
Physical Description:
6 p. : ; 23 cm.

Subjects

Subjects / Keywords:
Stone and ore breakers -- Law and legislation -- United States ( lcsh )
Industries -- Law and legislation -- United States ( lcsh )
Genre:
Federal Government Publication ( MARCTGM )
Unknown ( sobekcm )

Notes

General Note:
Cover title.
General Note:
"Registry No.1037-05".

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
63655099 ( OCLC )
ocm63655099

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UNIVERSITY OF FLORIDA

III111111111 III I 111 11 tU II I I ll 111llill1I _
3 1262 08482 9737


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION
FOR THE


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


P,... t


U._.


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1933


V.. arnie by the Superintendent of Documenta. Waahington, D. C. ------Price 6 centa


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


. Price 5 cents











































Digitized by the Internet Archive
in 2011 with funding from
University of Florida, George A. Smathers Libraries with support from LYRASIS and hle Sioan Foundalion


http://www.archive.org/details/codeoffaircompet9737unil











CODE OF FAIR COMPETITION FOR THE ROCK CRUSHER
MANUFACTURERS' ASSOCIATION

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.

ARTICLE II-PURPOSE
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.

ARTICLE III-SCOPE
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.

ARTICLE IVR-MEMBERSHIP
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.
8201-33 (11







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
organization.
(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
Association.
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
below cost.
(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
instruments.
(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
purchasers.
(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
products.
(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.

ARTICLE VII-GENERAL
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.
ARTICLE VIII-ENFORCEMENT
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.

ARTICLE X
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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PAGE 1

It IIIII )IIi ifllillllllllll 3 1262 08482 9737 NATIONAL RECOVERY ADMINISTRATION CODE OF FAIR COMPETITION FOR THE 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 0 UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1933 F o r sale by t h e Superintendent of Documents, Washington, D. C. -----Price 5 cents

PAGE 2

• Digitized by the Internet Archive in 2011 with funding from University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation http://www.archive.org/details/codeoffaircompet9737unit

PAGE 3

CODE OF FAIR COMPETITION FOR THE ROCK CRUSHER MANUFACTURERS' ASSOCIATION ARTICLE I-THE INDUSTRY The term "industry" as used herein is defined to mean the manufacture for sale of portable Rock Crushers and Rock and Gra.vel Handling machinery of all kinds of a portable nature and such other items as are regularly used with said portable equipment. ARTICLE II-PURPOSE This Code of Fair Competition, in the form in which it is finally approved by the President of the United States, shall become mandatory upon all n1anufacturers of this class of equipment throughou t 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 eliminating 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 pa,vment 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. ARTICLE III-ScoPE This Code shall regulate the practices with respect to the nlanu facture and sale, in North A1nerica, of portable Rock Crushers and other equipment as defined in Article I of this Code. ARTICLE IV-MEMBERSHIP Participation in the Code and any subsequent revision of r addi tion to the Code, shall be extended and apply to any person, partnership or Corporation in the rock-crushing industry who accepts hi 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 ba is, viz, an assessment to meet current expenses and extraordinary expenses as may be found necessary and are authorized by the Administrative authority. 8201-33 (1)

PAGE 4

ARTICLE V -LABOR ConE The labor code established by said Rock Crusher Nianufacturer ' Association shall, upon approval of the proper authorities, be binding upon all producers of products in thi 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 de igna t ion of such representatives or in self organizations or in other concerted activities for the purpose of collective bargaining or other n1utual 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) Employer of labor in the rock cru her industry agree to comply with the maximmn hour of labor, n1inimum rates of pay and other working condition approved or prescribed by the Pre ident. (d) It is clearly under tood that the foreo-oing paragrap h do not impair in any particular t h e con t itutional right of the emplo ee and employer to bargain individually or collectively as m a y be mutually satisfactory to them. (e) Nothing in this cod is to prevent the selection, retention and advancement of employees on the ba i of their individual m rit, without regard to their affiliation or nonaffiliation with any labor organization. (f) No employer hall e1nploy in the in u try any per on und r the age of 16 years. (g) On and after the effective date of this code no employer hall work any accounting, clerical, ervice, ales, expres or delivery, em ployees in the industr} on a s hedule of more than 40 hour 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 clas e of employees mentioned in Paragraph (g) of this section at a rate le than $15.00 per week in any city of over 500,000 population or in the imn1ediate 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 employee 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 requirement 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 sales1nen, out ide collectoi , and field service men.

PAGE 5

3 ( k ) On and after the effective date of code employer shall not operate on a schedule of hours of labor for their factory employ e in the indu try not covered by Section (f) of thi article in exce of 40 hou r s per week averaged on a yearl. basi of 52 weeks or in excess of 8 hours in any one day. As to emplo ees engaged in the prepara tion, care, and maintenance of plant n1achinery and production facilitie , there hall be a tolerance of 10%, and the schedu le of hours of l abo r shall not apply to such en1ployees i n the ca e of en1ergency 'vork. Any emergency time in any plant s hall be reported monthly to the Association. The limitation a to hours of labor sha ll not apply to field service n1en nor to persons in a supervisory capacity unles they receive l ess than $3 5. 00 a week. (1) On and after the effective date of this code, the minimum wage t hat shall be paid by employers to any of their factory workers in the industry other than those covered by Section (h) of tllis articl e shall be at the following rates: Cents per hour Zone A_________________ ___________________________________________ 40 Zone B _______________________________ ______ ______ _________________ 35 Z one C_______ _____________________________________________________ 30 Zone A is defined as cities of more than one million population, together '"-ith a ll industrial cities , towns, and villages in the arne immediate Jnanufacturing area. Z one C, the States of Virginia, North Carolina, South Caroli n a, Georgia, Florida, Alabarna, :Niississippi, Tenne see, Kentucky, Arkan as, Louisiana, Texas, and points east of the M i ss i ss ippi, south of Loui svil l e, Kentucky; also a ll communities elsewhere in the United States of l ess than ten thousand population in which a majority of the adult male population js not engaged in manufacturing. Zone B, all territory in the United States except Zone s 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 perforn1ance. (m) In order that the general policy of increa ing wages may l ead to equality and n ew wage l eve ls, having due regard to regional differ ence , every employer in the industry s hall increase base rates of pay of all factory and mechanical workers and arti ans in the industry ( if not already so increase d ) to not l ess than 85% of the rates paid by said employer or his predecesso r in business for the same class of work at the same factory on July 15, 1929; provided that no employee hall be paid less than the minimum r a tes fixed in this Code. (n) The Provis ions r lating to rates of wages shall not apply to apprenti ces, learners, office boys, or messengers no t exceeding 5% in number of the employees of any employer or to persons in a super visory capacity receiving more than $35.00 p e r week. Population s hall be aoverned by the United tate cen us of 1930. (n) E1nploye rs aaree to the rnaint enanc of working condition that will insu re the health, afety, and happin f labor. RTICLE VI-MARKETING ODE (a) Fair and uniform treatment of Di tributor i guarante d. The di count to distributor from the publi hed li t hall ary

PAGE 6

4 according to the particular type of equipment, but in no case shall it. be greater than 20%. (b) Each member shall publi h a price list to apply to consumers. These full publi:3hed 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 le ss than the f.o.b. manufacturer's works price, plus actual freight on the shipment from the manufacturer's works to destinaton. (d) A uniform co t accounting stem shall be adopted by all members of the RCMA after which no member shall sell an item below cost. (e) For the purpose of reducing selling expense the hipn1ent of equipment into territorie for the purpo e of demonstrating or otherwise influencing the award of the order, in advance of the actual plac ing of such order hall be forbidden. There shall be no demon tration of any equipment. Thi provi ion shall not be construed to prohibit demonstration at the manufacturer's plant or branch warehou e. (f) No equipment shall be rented. (g) All machines or attachments shall b sold only under firm ale , orders, or contracts, signed by the purchaser and stating a definite delivery date, price , and terms. Order must provide for deliv ry not later than sixty (60) days from the date of order. (h) Throughout this Code, the word "cash" is meant lawful1noney of the United States, or immediately collectible check or equivalent instruments. (i) To avoid discrimination between purchasers and for the prot c 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 a a cash pavment, which cash payment, however, can be divided up so that only a portion of the amount aceompanies 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 lon ger period than one year from date of order, and the deferred balance shall be evidenced by notes bearing the legal rate of interest but in no ca e less than 6%. In the case of municipalities and political subdivisions, a 25% ca h 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 al o be evidenced by interest-bearing leg al 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 1na chinery but. ,.,.-ill in no case take any financial interest in it.

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5 (k) Cash di counts. A maximum di count of 3% hall be allowed -as ca h discount on all orders for compl te machines to any class of -customer, providing the full cash settlement is received within 15 days from date of shipment. (I) 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 1ninimum 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 ,,-hich it shall be sold. (n) In the sale or offering for sale of any machine or attachment, n 1anufacturers 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 purchaser a. (o) No manufacturer shall defame any competitor by words or acts which falsely represent the business integrity or abillty to perform contracts of any competitor, or the grade, quality, or reliability of its products. (p) No manufacturer shall solicit, advise, induce, or entice a customer of another manufacturer to breach or rescind his firm sales order or contract with such other manufacturer. ARTICLE VII-GENERAL 1. No provision in this Code shall be interpreted or applied in such a manner as to: (a) Promote monopolies (b) Permit or encourage lmfair 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. ARTICLE VIll-E FORCEMENT The provision of this Code in re pect of enforcement ther of by the Rock Crusher Manufacturers' Association and/ or go ernmental authority, which provision shall be as strict a the National Industrial Recovery Act permits, shall be determined and administer d by the Rock Crush r Manufacturers' Association through the Exc ut.i Committee by virtue of the authority vested in it by the Constitution of the A sociation and in conformity with the provi ion of the National Industrial Recovery Act, as enacted and in compliance with

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6 regulations and interpretRtions prescribed by and under the authority of the President of the United States. The Executive Committee shall have the authority to cau e t dis interested i1udit or examination of any member's books i1t any time to show proof of innocence or guilt of any charges of unfajr trade practice, the expen e of which audit shall be borne by the party found in error. ARTICLE IX-RIGHTS OF THE PRESIDENT As proYided by ection lOB of the Act the Pre ident may fron1 time to time cancel or modify any order, approval, incense rule or regulation is ued under Title I of the act. ARTICLE X 11anufacturer initially subscribing to thi Code are as follow,: Au tin-We tern Road 11achin ry Co., Chicago, Illinois. Diamonrl. Iron \\ ork , Minneapoli , Minne ota. Good Road Machinery Co. , Kennett Square, Pennsylvania. Iowa Manufacturing Co., Cedar Rapid , Iowa. Lippman Enginee ring Work , Nlilwaul e, Wi consin . New Eno-land Road Machinery Co., Boston, Ma achu etts. Pioneer Gravel Equipn1ent Mfg. Co., Minneapoli , Minne ota. Univ r al Crusher Companv, Cedar Rapid , Iowa. Universal Road 11achinery Co., Kin ton, New York. Wi con n Foundry & 11achine Co., 11adison, Wi con in. Gruendler Cru h r & Pu1Yeri7.er Co., t. Louis, M is souri. Acme Road Nlachinery Co., Frankfort, New York. Monarch :\1anufacturing Co., Wilmington, Delaware. 0