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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 

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UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1933 

For sale by the Superintendent of Documents, Washington, D. C. - - - - - - - - Price 5 cents 
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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 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 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 maintenance 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 nlanufacture 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 addition 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) 
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 ignation 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 organization 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 paragraph do not 

impair in any particular the con titutional right of the emplo ee 

and employer to bargain individually or collectively as may 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, employees 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. 
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(k) On and after the effective date of thi~ 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 hours 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 schedule of hours of labor 

shall not apply to such en1ployees in the ca e of en1ergency 'vork. 

Any emergency time in any plant shall be reported monthly to the 

Association. 

The limitation a to hours of labor shall not apply to field service 

n1en nor to persons in a supervisory capacity unles they receive less 

than $3 5. 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 tllis article shall 

be at the following rates: 

Cents p er hour 

Zone A______ __________ ______ ________________________ ___ ___________ 40 

Zone B ___ _________ __ _________________ ______ ______ ___________ ___ ___ 35 

Zone C___ ___ ___________________________ ______________________ __ ___ 30 

Zone A is defined as cities of more than one million population, 

together '"-ith all industrial cities, towns, and villages in the arne immediate Jnanufacturing area. Zone C, the States of Virginia, North 

Carolina, South Carolina, Georgia, Florida, Alabarna, :Niississippi, 

Tenne see, Kentucky, Arkan as, Louisiana, Texas, and points east 

of the Mississippi, 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 js 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 perforn1ance. 

(m) In order that the general policy of increa ing wages may lead 

to equality and new wage levels, having due regard to regional difference , every employer in the industry shall increase base rates of pay 

of all factory and mechanical workers and arti ans 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 

hall be paid less than the minimum rates fixed in this Code. 

(n) The Provisions r lating to rates of wages shall not apply to 

apprentices, 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 per week. 

Population shall be aoverned by the United tate cen us of 1930. 

(n) E1nployers aaree to the rnaintenanc of working condition that 

will insure 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 price ~ hall ary 
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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 less 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 placing 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 ction 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 individuals, 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 

longer period than one year from date of order, and the deferred 

balance shall be evidenced by monthl:~ 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 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 1nachinery but. ,.,.-ill 

in no case take any financial interest in it. 
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(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. Description 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 obsolescence 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, 

n1anufacturers shall use their best efforts to prevent misrepresentation 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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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 Engineering 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, Missouri. 

Acme Road Nlachinery Co., Frankfort, New York. 

Monarch :\1anufacturing Co., Wilmington, Delaware. 

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