Approved Code No. 273-Amendment No.1 Registry No. 1640-05 

NATIONAL RECOVERY ADMINISTRATION 

J I 

( 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE I 

BAND INSTRUMENT 

MANUFACTURING INDUSTRY 

AS APPROVED ON APRIL 13, 1935 

WE DO OUR PART, 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

I 

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Approved Code No. 273-Amendment No. 1 

AMENDMENT TO CODE OF FAIR CO~PETITION 

FOR THE 

BAND INSTRUMENT MANUFACTURING 

INDUSTRY 

As Approved on April 13, 1935 

ORDER 

ArrRovrxo Al\rENDMENT OF CoDE OF FAIR Col\IPETrnoK FOR THE 

B AND INSTRUl\fENT l\1ANUFACTURING INDUSTRY 

An application having been duly made pursuant ·to and in full 

compliance with the provision of Title I, of the National Indu. trial 

Recovery Act, approved June 16, 1933, for approval of an amendment to a Code of Fair Comp et~tion for the Band Instrument Manufacturing Industry, and hearings having been duly held thereon and 

the annexed report on said Amendment, contah1ing findings with 

respect thereto, having been made and directed to the President: 

NO\V, THEREFORE, on behalf of the President of the United 

States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the Pre ident, including 

Executive Order No. 6859, dated September 27, 1934, and otherwise, 

does hereby incorporate by reference, said annexed report and does 

find that said Amendment and the Code as constituted after being 

amended comply in all respects with the pertinent provisions and 

will promote the policy and purposes of said Title of said Act, and 

does hereby order that said Amendment be and it is hereby approved, 

::mel that the previous approval of said Code is hereby modified to 

include an approval of said Code in its entirety as amended, such 

approval and such Amendment to take effect twenty (20) days from 

the date hereof, unle s good cause to the contrary is shown to the 

National Industrial Recovery Board before that time and the N ational Indu trial Recovery Board issues a sub equent order to that 

effect. 

NATIONAL INDUSTRIAL REcOVERY BoARD, 

By vV. A. HARRIMAN' Adntinistra.tive Officer. 

Approval recommended : 

JoHN vV. UPP, 

A cting Division AdministTator. 

"\VASHINGTON, D. c., 

April 13, 1935. 

128917°----1749-38----35 (1) 
REPORT TO THE PRESIDENT 

The PRE IDE NT, 

The 1Vhite Hottse. 

Sm: An application has been duly made, pur uant to and in full 

compliance with the provisions of the National Industrial Recovery 

Act for an Amendment to the Code of Fair Competition for th~ 

Band In trmnent ~fanufacturing Industry submitted by the said 

Indn try through its Code Authority. 

On September 24, 1934, public hearing was held in \\ a hington, 

D. C. E' ery person who requested an appearance was properly 

heard in connection with statutory and regulatory requirements. 

The amendment 11as reYi ed as a re nit of the hearing and resubmitted to the Indu try for approval. The amendment as ubmitted 

in final form has been approved by the Indu. try. 

The amendment clarifies certain provisions in the definition and 

deletes the definitions of "jobber", "retailer" and "agent", which 

are unnece sary in this Code; it modifies and adds certain labor provi ions; it provides for more efficient administration organization; 

and it adds certain trade practice provisions. 

The Deputy Admini trator in hi final report on said amendment 

to said Code having found as herein et forth and also in his memorandum which is incorporated herein by reference and on the basis 

of all the proceedings in this matter: 

It is found that: 

(a) The amendment to said Code and the Code as amended are 

well lesigned to promote the policies and purposes of Title I of the 

National Industrial Recovery Act including the removal of obstructions to the free flow of interstate and foreign commerce which tend 

to dimini h the amount thereof, and will provide for the general 

welfare by promoting the organization of industry for the purpose 

of cooperative action among trade groups, by inducing and maintaining united action of labor and management under adequate 

governmental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest utilization of the present 

productive capacitiy of the industries, by avoiding undue restriction of production (except as may be temporarily required) by increasing the consumption of industrial and agricultural products 

through increa ing purcha ing power, by reducing and relieving 

unemployment, by improving standards of labor, and by otherwise 

rehabilitating industry. 

(b) The Code as amended complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Sub ection (a) of Section 7 and 

Sub ection (b) of Section 10 thereof. 

(c) The Amendment and the Code as amended are not designed 

to and will not permit monopolies or monopolistic practices. 

(2) 
3 

(d) The Amendment and the Code as amended are not designed 

to and will not eliminate or oppre s mall enterpri. es and will not 

operate to discriminate against them. 

(e) Those engaged in other steps of the economic process have 

not been deprived of the right to be heard prior to approval of saio 

Amendment. 

For these rea sons, therefor e, this Amendment ha been approved. 

For the National Industrial Recovery Board : 

APRIL 13, 1935. 

,v. A. HARRIMAN , 

Administ1·ative Office?·. 
A~IEND1HENT TO CODE OF FAIR CO~fPETITION FOR 

THE BAXD IXSTRUl\IENT I\IANUFACTURING INDUSTRY 

( 1) Insert between the 1Yords in the third line of Section 1 of Article II "remodeling" an l " of' the phra e "and/ or the original 

sale thereof by a member of the Industry." 

(2) Amend Section 2, Article II, to read as follows: 

SECTIO~ 2. The term "member of the Industry" as u eel herein 

include , but without limitabon, any individual, partnership, a so- dation, corporation or other form of enterpri. e engaged in the Indu try either as employer or on hi · or it own behalf. 

(3) Delete Sections 6, 7 and 8 of Article II. 

( 4) Substitute for the present titular number 9 of Article II, 

the titular number 6. 

( 5) Amend Section 3, Arbcle IV, to read as follow : 

SEcTION 3. A per on who e earning capacity is limited because 

of age, physical or mental handicap or other infirmity, may be employed on light work at a wage below the minimum establi heel 

by this Code if the employer obtain from the State Authority designated by the United State Department of Labor a certificate authorizing . uch person's employment at ·uch wages and for uch 

hours as shall be stated in the certificate. Such authority shall be 

guided by the in tructions of the United States Department of 

Labor in i uing certificates to such person . Each employer shall 

file monthly with the Code Authority a list of all uch persons employed by him, showing the wage paid to, and the maximum hours 

of work for such employees. 

( 6) Amend Section 3 of Article V to read a follows: 

No employer hall reclassify employee or duties of occupations 

performed or engage in any other ubterfuge so as to defeat the 

purposes or provisions of the Act or of this Code. 

(7) Amend .Section 4, Article V to read as follow : 

SECTION 4. Every employer shall proYide for the ·afety and health 

of employees during the hours and at the place of their employment. 

Standard for sa fety and health shall be ubmitted by the Code 

Authority to the National Indu. trial Recovery Board within three 

months after the effective date of the amendment. 

(8) Amend Section 7, Article V, to read as follows: 

SEcTION 7. All employer hall post and keep po ted copies of thi 

Code in con picuous places accessible to all employees. Every member of the Industry shall comply with all rules and regulation relative to the posting of provision of Code of Fair Competition which 

may from time to time be pre cribed by the National Industrial 

Recovery Board. 

(9) To Article V, add the new Section 8 to read a follow : 

SECTION 8. No employee shall be discharged, demoted or othenvi e 

discriminated a <Yainst by rea on of making a complaint or giving 

evidence with respect to an alleged violation of any Code. 

(4) 
5 

(10) Add the following new subsections to Section 7, Article VI: 

(g) To make recommendations to the National Industrial Recovery Board for the coordination of the administration of this Code 

and such other Codes, if any, as may be related to or affect members 

of the Industry. 

(h) To initiate, consider and make recommendations to the National Industrial Recovery Board for the modification or amendment 

of this Code. Such modification, after such notice and hearings as 

may be prescribed by the National Industrial Recovery Board shall beco~ne effective as a part of this Code and be binding upon every 

member of the Industry. 

(i) To require within a three-month period reports as to the respective occupations engaged in by men and women, together with 

the rates paid for these. 

(11) To Article VII, add the following Section 12: 

SECTION 12. T erms of Sale.-(a) All invoices shall be due and 

payable net in thirty (30) days and no more favorable allowance 

than 2% for cash shall be allowed for prompt payment, provided 

that such payment shall be presented or mailed on or before the 

tenth (lOth) proxim. 

(b) Interest at the rate of not less than six percent (6%) per 

annum from the net due date shall be charged and collected on all 

invoices unpaid at the expiration of sixty (60) days after the invoice date; provided, however, that in States where the maximum 

legal rate of interest is less than six percent ( 6%), said maximum 

rate allowed in such State shall be so charged. 

Approved Code No. 273-Amendment No. 1. 

Registry No. 1640-05. 

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UNIVERSITY OF FLORIDA 

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