Citation
Amendment to code of fair competition for the band instrument manufacturing industry as approved on April 13, 1935

Material Information

Title:
Amendment to code of fair competition for the band instrument manufacturing industry as approved on April 13, 1935
Portion of title:
Band instrument manufacturing industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
5 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Musical instrument makers -- United States ( lcsh )
Musical instrument makers -- Law and legislation -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1640-05."
General Note:
"Approved Code No. 273--Amendment No. 1."

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:
004921469 ( ALEPH )
639216119 ( OCLC )

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NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO
CODE OF FAIR COM]PETITION



BAND INJSTRUTMENT

MABNU FACTU RI NG I INDUSTRY


I -
For sale by he Superintendent of Documents. Washington, D. C. - Price 5 ents


Approved Code No. 273--Amendment No. 1


Registry No. 1640--05


AS APPROVED ON APRIL 13, 1935







MEMBRr


U.S.

WE DO QUR PARf











--~-P~UN TED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON :1935
























This publication is for sale by the Super~intendlent of Documents, Government
Printing Office, Washington, D. C., and by the following N. R. A. offices:

Atlanta, Ga.: 625 Citizens &~L Southern National Bank Buildlingr.
-Bnitimiore, MdI..: 130 Custombouse.
Birmuingrham, Ala.: 201 Liberty National Life B~uildlinr.
Boston, M~ass.: Rooml 1200, 80 Federl Street.
Buffalo, N. Y.: 219 W'hite Building.
Chicago, Ill.: Room 204, 400) North Rlichigan Avenue.
Clev'eland, Ohio.: 520 Bulkley Building.
Dallas, Tex.: 1212 Republic Bank Building.
Detroit, Ilich.:: 415 New Federall Building.
Houston, Tex.: 403 M~ilam Building.
Jacksourille, Fla.: 425 United States Courthouse and Post Office
Blu ildin g.
Losi Angeles, Calif.: 7~51 Figueron Street, South.
Louisville, Ky~.: 408 Fedleral Building.
lIlinneapolis, RIlinni.: 900 Roanoke Building.
Nash\ille, Tenn.: 4153 Cotton States Building.
New~ark, N. J.: 4134 Industrial Office Building, 1060 Broad Street,
New Orleans, La.: 2141 Custombouse.
New\ Y;ork, N. Y.: 45 Broadwfay.
Oklahoma City, Okla.: 427 Commerce Exchange Building.
Phiiladelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: 401 Law and Finance Building.
Portland, Oreg.: 40(7 Park Building.
Providence, R. I.; National Exchange Bank Buildinig, 17i Exchange
Street.
St. Louis, RIlo.: Suite 1220, 506 Olive Street.
San Francisco, Calif.: Humnbolt Bank Buildling, 7~85 Mlarket Street,
Seattle, W~ash.: 1730 Exchange Building.











Approved Code No. 273--Amendment No. 1


AMINE~NDMENT TO CODE OF FAIR COMPETITION
FOR THE

BAND IN~STRUMENT'J MtAN~UFiACT~URING
INDUSTRY

As Approved on. April 13, 1935


ORDER

Arenovis-c AM~EN~DMIENT OF CODE OF E-AIR COMPrETIT.ION FOR THE
BAND TNSTRUMZENT AfANUFACTURING INDUSTRY
An applicantionl having been duly made pursuant 'to and in. full
compliancee? with the provisions of Title I, of the National Indsrlial n
Recovery APct, approved June 16, 1933, for approval of an amnend-
Inlent to a Code of Fair Competitio~n for the Band Inlstrumenl~lt Manu-
facturing Indu~stry,, and hear~ings having beenl duly held thereon and
the unnex~ed report on said ~Amendmlent, containing findings with
resp~lec~t ther~eto, having been m~adec and directed to the President:
NOWC, T`HEREFORE, on behalf of the President of the United
States~, the National Indu~str~ial Recovery Board, pursuant to au-
thority vested in it by Executive Orders of the President, including
]Executive Order No. 6859, dated Septcllembe 27, 1934, and otherwise,
does hereby incorporate by reference, said anrnexe~d report and does
find that said Amendmuent and the Code as ~constituted after being
a mendedl comply in all respects with the? pertinent prov'c\'ciions and
will promrote the policy and purposes of said Title of said Act, and~
dloes hereby order that said Amlendmnent be and it is hereby approved,
and that thie previcou approval of said Code is hereby modified to
include an approval of said Code in its entirety as amended, su~ch
approval and such Amlendml~ent. to takie effect twenty (20) days from
the date hereof, unless good cause to the contrary is shown to the
Natiolnni Indus~triaT 1Recovery Boardc before that time and the Nia.-
tional Induitrial RecoveryT Board issues a subsequent order to that
effect.
NATIONAL INDUSTRIAL RECOVERYY BOARD,
IByW. A. HARRIM\AN, Aldmlinistra~tive Olicer.
Approval rIecommlr~lended:
Jon-N W. Urr,
Act-ing Division Adm I7~ini st,rator.
WASumarox, D. C.,
April 13, 1935.
f ~8917 "---1749-38----35 til












REPORT TO THE PRESIDENT


TIlhe PRESlDENT,
The Wlhite HIowse.
Smt: An application has been duly made, pursuant to and in full
comlplianlce with the provisions of the National Industrial R~ecovery
Act, forl an Amlenrl mlent to thie Code, of Fair Competition for the
Bandc Instrumnent Manlufacturing1 I~ndustry, sulbmittedl by the said
Indulstrya through its: Code Authobrityv.
On September 24, 19:34, public h~earingr was held in WaVshington!
D. C. Every p~ersoln who reque~sted~ an app'earanlce was p~roperly
lear~d in connection w~ith statutory and regulatory requirements.
Thet amendment was revised as a r~esullt of the hearing and resub-
mitted to the Indltustry for approval. The amendment as submitted
in final form has been approved by the Indlustr~y.
The nmnendmentrt clarifies certain provisions in the definition and
deletes the definitions of jobber ", retailer and "L agent. ", which
are u nnecessa ry in this Code; it modifies and adds certain labor pro-
visions; it p~rovitles for mnore efficient admninistr~ation organization;
and it add~s certain trade practice provisions.
The Deputy Aidministr~ator in his final report on said amendment
Sto said Code having found as herein set forth and also in his memo-
randum which is inlcor~poratedl herein by reference and on the basis
of all the proceedings in this matter:
lIt is found that:
(a) TIhe amlendmlrent to said Code and the Code as amended are
well dlesigned to promote thre policies and purposes of Title I: of the
National Idustrial Recovery Act including the removal of obstrue-
tions to the free flowr of interstate. and foreign commerce which tend
to dliminish the amount, thereof, and will provide for the general
welfare by p promoting the orgalnization of industry for the dpurpose
of cooperate action among trade groups, by inucing and an
taining united action of labor and management under adequate
gover~inmental sanction and supervision, by eliminating unfair com-
petitive~ practices, by promote ing the fullest utilization of the present
productive capacitiy of the industries, by avoiding undue r~estric-
tionl of production (except as may be temporarily required) by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power by reducing and relieving
uIIenemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The idode as amended complies in all respects with the perti-
nent provisions of said T'itle of said Act, including without limit~a-
tion Subsectionl (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The Aimendmlent and the? Code as amended are not designed
to and will not permit monopolies or monopolistic practices.








(d) The Amnendmennt alnd the Codle as amlendled are not des~ignedt
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic prc~css hta~ve
not been deprived of the right to be heard prior to approval of saidl
Amendmient.
For these reasons, thleretfor~e, this Amnendment hias b~een! approvedc.
For the National Industrial Recovery Board:
W. AL. HARRIMAN,
APRIL13, 935.Administrative Of)iEcer.










AMlEDNDMENT~' TO CODE OF FA~IR COMPI-ETITION FOR
THEI~i BAND INSTRUMENTS MAN I~\ UF A1CTURINGC IN-


(1) 'Insert between the wordsc~t in thle thirdt line of Section 1 of Ar-
ticle II remodeling and "Lof thle phrasn~e andl~or thie original
sale thereof by a memlber1 of the Indtustry3."!
(2) Amnend Section 2, Article II, to read as follow-s:
SECTION 2. The term L"memllbe of thle Indtustry ans us~edl herein
includes, but w~ith~out limnitation, anyi indivdul, pa e~rtnrl ip, asso -
ciationl, c~orlor~ation or other formn of enepie na i h n
dustr~y either as emnployer or on his or its own behalf.
(3) D~elete Sections 6, 7 and 8 of Article II.
(4) Sulbstitute for the presenlt titular number 9 of Arlltic~le II,
the titular numlber 6.
(5) Amlendl Section 3, Art icle IV, to read as follows:
SECTIONS 3. A per'son) whose earnling capacity is limited beenuse.
of age, physical or nen~tal haRndica;p, or other inlfirmllity, may be eml-
p~loy\edl on light workr at a wvage below the m~inimumn establishedl
by thlis Cod~e if the employer ob~tains~ from the State Author~ity desig-
unatedl by -the Uncitedc States Depazrtmlent of Labor a certificate au-
thiorizingb such p~erson'~s emlploymenrlt at such wages and for such1
hours as shall1 be stated in th~e certificate. Such authority shall be
guided by the instructions~ of the United Staltes Depal~rtment of
Labor in i.-suing~ certificates to such pers~ons. Each employer shall
file mlonthl~y with the Code Authorit~y a list of all such persons em-
p~loyed by himT, showing the wa ges paid to, and the mnaximuml ho-urs
of work~I for such employees.
(6) Amlend Section 3 of Article V to read as follows:
No employer shall recla1RSsify employees or duties of occupantions
perform~ed or enlgagec in any other subterfuge so as to defeat the
purposes or provisions of the Act or of this Code.
(7) Amend .Section 4, A~rticle Vr to Iclrea as follows:
SECT:.?IONI 4. Every employer shall provide for the safety andC' health
of employees durling~ the hours and at the placfes of their empllloym~ent.
Standards for safety and health shall be submitted by~ the Code
Authority to the Naltio~nal Industr~ial Reovery3 Board within. three
months after the effective date of the amendment.
(8) ,Amiend Section 7, Article V, to read as follows:
SECTIrON 7. All empllloyers shall post and keep posted copies of this
Codle in coc~nsp~ienousuc p'lacces necesible to all employees. Every memn-
ber of the Indlustryr shall compl-ly withn all rules and r~egulationr; rela-
tive to the posting of povisionss of Codes of Fair Comnpetition whlichl
may from time to time be pr~escr1ibed by th'e N~ational I~ndustr~ial
Recovery Board.
(9) To Article V, addl the new Section 8 to r~eadc as follows:
SEenow(, 8. N~o empllloyee shall be dlischarg~ed, dem~notedl or oth~erwise
discrimiiinated n~gain~t by r'eason of mankingr a comlal~i~ntt or giving
evidence with respect to an allegedly violation of any Code.







(10) dd thze following new siubsec~tions to Section '7, Articcle VI:
()To mnake r~econunendations to the NPiationral Industrial 1Re-
covery 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 Ka-
tional Industrial Recovery Board for the modification or amendment
of this Code. Such modification, after such. notice and hearings as
mnay be prescribed byT the National Ilndustrial Recov~ery Board shall
become effective as a part of this Code and be binding upon eve~ryJ
mnemrber of the Industry.
(i) To require within a three-omoth period reports as to the re-
spective occupations engaged in by ment and women, together with
the rates paid for these.
(11) To Article VII, add the following Section 12:
SECTION 12. T87788 of Sale.--(a) All1 invoices shall be due and
payable net in thirty (30) days and nlo more favorable allowance
than 2%0 for cash shall be allowed for prompt payment, provided
that such payment shall be presented or mailed on or before the
tenth (10th) proximn.
(b) Interest at th-e 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 in-
voice! date; provided, however, that in States where the maximum
legal rate of interest is less than six percent (6%oj), said maximum
rate allowed in suchi State shall be so charged.
A~pprov~ed Code No. 27i3--Amendment No. 1.
Registry No. 164(M)5.




UNIVERSITY OF FLORIDA
I1 1111111111111111111111111111111111
3 1262 08728 5622




Full Text

PAGE 1

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 For sale by the Superintendent of Documents, Washington, D. C. ---------Price 5 cents

PAGE 2

This publication is for sale by the Superintendent of Documents, Govemment Printing Office , Washington, D. C., and by the following N. R. A. offices: Atlanta, Ga.: 625 Citizens & Southern National Bank Building. Baltimore, Md. : 1 3 0 Customhouse. Birmingham, Ala.: 201 Liberty National Life Building. Boston, Mass. : R oom 1200, 80 Federal Street. Buffalo, N. Y.: 219 White Building. Chicago, Ill.: Room 204, 400 North Michigan Avenue. CleYeland, Ohio. : 520 Bulkley Building. Dallas, Tex.: 1212 Republic Bank Building. Detroit, Mich.: 415 New Federal Building. Houston, Tex. : 403 Milam Building. Jacksonville, Fla.: 425 United States Courthouse and Post Office Building. Los Angeles, Calif.: 751 Figueroa Street, South. Louisville, Ky.: 408 Federal Building. Minneapolis, l\1inn. : 900 Roanoke Building. NashYille, Tenn.: 415 Cotton States Building. Newark, N. J.: 434 Industrial Office Building, 1060 Broad Street. New Orleans, La.: 214 Customhouse. New York. N. Y.: 45 Broadway. Oklahoma City, Okla.: 427 Commerce Exchange Building. Philadelphia, Pa.: 933 Commercial Trust Building. Pittsburgh, Pa.: 401 Law and Finance Building. Portland, Oreg.: 407 Park Building. Providence, R. I.: National Exchange Bank Building, 17 Exchange Street. St. Louis, Mo.: Suite 1220, 506 Olive Street. San Francisco, Calif.: Humbolt Bank Building, 785 Market Street. Seattle, Wash.: 1730 Exchange Building.

PAGE 3

Approved Code No. 273-Amendment No. 1 AMENDMENT TO CODE OF FAIR FOR THE BAND INSTRUMENT MANUFACTURING INDUSTRY As Approved on April 13, 1935 ORDER ArrRovrxo Al\rENDMENT OF CoDE OF FAIR Col\IPETrnoK FOR THE BAND INSTRUl\fENT l\1ANUFACTURING INDUSTRY An application having b een 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 for the Band Instrument Manufacturing Industry, and hearings having been duly h eld the reon and the annexed report on said Amendment, contah1ing finding s with re spect thereto, having b een 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 ve s t ed 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 respe cts 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 i s hereby approved, : : mel that the previous approval of said Code i s hereby modified to include an approval of said Code in its entirety as amended , s uch 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 Offic e r. Approval recommended : JoHN vV. UPP, A c ting Division AdministTator. "\VASHINGTON, D. c., April 13, 1935. 128917----1749-38----35 (1)

PAGE 4

REPORT TO THE PRESIDENT The PRE IDE NT, The 1Vhite Hotts e . 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 Band In trmnent Industry submitted by the said Indn try through its Code Authority. On Septemb e r 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 pro vi 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 obstruc tions 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 in creasing 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)

PAGE 5

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 agains t the m. (e) Thos e engaged in other s t eps of the economic process have not been d eprived of the right to b e heard prior to approval of saio Amendment. For thes e rea so n s, the refor e, this Amendment ha been approved. For the National Industrial R ecovery Board: APRIL 13, 1935. ,v. A. HARRIMA N , Administ1ative Offic e?.

PAGE 6

TO CODE OF FAIR FOR THE BAXD IXSTRUl\IENT I\IANUFACTURING IN DUSTRY ( 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: 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 Section s 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 em ployed 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 . u c h person's employment at uch wages and for uch hours a s 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 s uch person . Each employer shall file monthly with the Code Authority a li s t of all uch persons em ployed by him, showing the wage paid to, and the maximum hours of work for s u c h employees. ( 6) Amend Section 3 of Article V to read a follows: No e mployer 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 .Sec tion 4, Article V to read a s follow : SECTION 4. Every employer shall proYide for the afety and health of employee s 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 Re covery 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
PAGE 7

5 (10) Add the following new subsections to Section 7, Article VI: (g) To make recommendations to the National Industrial Re covery 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 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 re spective 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. 0

PAGE 8

UNIVERSITY OF FLORIDA 1111111111111111111111111111111111111111111111111111111111111111 3 1262 08728 5622