Julius Kayser & Co

National Labor Relations Board - Board Decisions

Sep 19, 1941

35 N.L.R.B. 521 (N.L.R.B. 1941)

In the Matter of JULIUS KAYSER & Co. and AMERICAN FEDERATION OF
HOSIERY WORKERS, AFFILIATED WITH TEXTILE WORKERS UNION OF
AMERICA, C. I. O.
Case No. C-1946.-Decided September 19, 1941
Jurisdiction : textile manufacturing industry.
Settlement: stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Millard L. Midonick, for the Board.
Hardy, Stancliffe d Hardy, of New York City, for the respondent.
Mr. David Jaffe, of New York City, for the Hosiery Workers.
Mr. Dan M. Byrd, Jr., of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by American Fed-
eration of Hosiery Workers, affiliated with Textile Workers Union of
America, C. I. 0., herein called the Hosiery Workers, and Textile
Workers Union of America, C. I. 0., herein called the T. W. U. A.,
and after an order consolidating the cases,' dated March 12, 1941,
the National Labor Relations Board, herein called the Board, by its\
Regional Director for the Second Region (New York City), issued
its complaint dated July 18, 1941, against Julius Kayser & Co., New
York City, herein called the respondent, alleging that the respondent
had engaged in and was engaging in unfair labor practices affecting
commerce at its plants in Walton and Brooklyn, New York, within
the meaning of Section 8 (1), (2), and (3) and Section 2 (6) and (7)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. Copies of the complaint accompanied by notice of hearing
were duly served upon the respondent, the Hosiery Workers, and
the T. W. U. A.
1 The T . W. U. A. Sled its charges with the Regional Director for the Third Region, while
the Hosiery Workers filed its charges with the Regional Director for the Second Region.
In its order of consolidation the Board also ordered the transfer of the charges filed by
T. W. U. A. to the Second Region from the Third Region.
35 N. L. R. B., No. 119.
521
522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
`Concerning the unfair labor practices, the complaint alleged, in
substance (1) that in about the summer of 1933 the respondent at
its Walton, New York, plant initiated, formed, and sponsored the
Grievance Committee or the Independent Representation Plan,
herein called the Plan, and on or about October 20, 1940, initiated,
formed, and sponsored The Independent Association of Textile
Workers, unaffiliated, herein called the Association, and, thereafter,
dominated, contributed to the support of, and interfered with the
administration of the Plan and the Association; (2) that from on or
about July 5, 1935, and thereafter the respondent, at both its Brooklyn
and Walton plants, warned its employees .to refrain from aiding, be-
-coming or remaining members of the T. W. U. A., or any other labor
organization; threatened to discharge, lay off, or refuse to reinstate
its employees, to shut down its plants, lock out its employees, and
remove its plants to other localities, or to engage in other reprisals
if its employees should aid the T. W. U. A. or if they should be-
come or remain members of or apply for membership in the T. W.
U. A. or engage in any other concerted activity, or if the T. W. U. A.
should attempt to bargain collectively or present grievances on their
behalf; informed its employees that joining the T. W. U. A. would
result in no advantage to them; vilified, disparaged, and expressed
disapproval of the T. W. U. A.; warned its employees it would
not bargain collectively with the T. W. U. A.; investigated pros-
pective employees concerning their affiliation with labor organiza-
tions; refused to employ applicants for employment because they
were affiliated with a labor organization; engaged in espionage and
surveillance of the activities of employees in connection with the
T. W. U. A.; (3) that the respondent on or about October 30, 1939,
locked out 47 named employees of the hosiery division of its Brook-
lyn plant, and on November 17, 1939, locked out approximately 500
of its employees in the hosiery division of the Brooklyn plant and
subsequently refused to reinstate these employees, for the purpose of
and with the intent to avoid collective bargaining with the T. W.
U. A. to discourage membership in the T. W. U. A., to interfere with,
restrain, and coerce its employees at its Brooklyn plant and in all
other plants in the exercise of their rights under the Act; (4) that
by these and other acts the respondent, since July 5, 1935, interfered
with, restrained, and coerced its employees in the exercise of the
rights guaranteed in Section 7 of the Act. On August 1 the re-
spondent filed an answer to the complaint in which it denied the
allegations of unfair labor practices.
On July 30, 1941, prior to the scheduled hearing in the case,2
the respondent, the Hosiery Workers, and an attorney for the Board
20n July 29, 1941, the Regional Director postponed the hearing in this matter until
such future date as should be designated.
JULIUS KAYSER & Co. 523
entered into a stipulation in final settlement and disposition of all
allegations in the complaint relating to unfair labor practices alleged
to have occurred at the respondent's Brooklyn plant. On August 15,
1941, the Board issued its order severing the cases previously con-
solidated . The stipulation provides as follows :
IT IS HEREBY STIPULATED AND AGREED by and between Julius
Kayser & Co.; American Federation of Hosiery Workers, affil-
iated with the Textile Workers Union of America, C. I. 0.;
and Millard L. Midonick, attorney for the National Labor Rela-
tions Board, Second Region :
I. On charges in Case No. II-C-2922 filed by American Federa-
tion of Hosiery Workers, affiliated with Textile Workers Union
of America, C. I. 0., hereinafter called the Union, the National
Labor Relations Board, hereinafter called the Board, by Elinore
M. Herrick , Regional Director for the Second Region, New York
City, acting pursuant to authority granted in Section 10, subsec-
tion (b), of the National Labor Relations Act, 49 Stat. 449,
hereinafter called the Act, and its Rules and Regulations-Series
2, as amended , Article IV, Section 1, issued its complaint on
the 18th day of July 1941, against Julius Kayser & Co., here-
inafter called the respondent, in the above-entitled consolidated
matter.
II. A copy of the amended charge in Case No. II- 0-2922 filed
June 25, 1941, the complaint, notice of hearing thereon, and
National Labor Relations Rules and Regulations-Series 2, as
amended, were duly served upon the respondent and upon the
Union.
III. Julius Kayser & Co. is and has been, since June 2, 1911,
a corporation duly organized under and existing by virtue of
the laws of the State of New _ York, having its principal office,
and place of business at 500 Fifth Avenue, in the City, County
and State of New York, and is now and has been 'continuously
engaged at said place of business and at plants located in various
states of the United States and in foreign countries , including
a plant at 453 DeKalb Avenue, County of Kings, City and State
of New York, hereinafter called the Brooklyn plant, and includ-
ing a plant in the Village of Bangor , County of Northampton,
Commonwealth of Pennsylvania , hereinafter called the Bangor
plant, in the manufacture , sale and distribution of knit fabric
cloth and articles of apparel and related products.
IV. For a number of years, prior to November 17, 1939, re-
spondent manufactured women 's hosiery in its Hosiery Division,
at its Brooklyn plant. For a number of years and until the
present time , the respondent has manufactured and continues
.524 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to manufacture women's hosiery at its Bangor plant. On Novem-
ber 17, 1939, the respondent shut down the Hosiery Division of
its Brooklyn plant, terminating the employment of approxi-
mately 500 employees who were working in the Hosiery Division
of its Brooklyn plant at that time.
V. In the conduct of its business, the respondent normally
purchased annually, until the November 17, 1939 shut-down, from
places outside of the State of New York, materials used in the
manufacture of women's hosiery, amounting in value in excess
of $400,000. The aforesaid materials constituted more than fifty
(50) per cent in.value of all materials used by the respondent
in the Hosiery Division of the Brooklyn plant. Such materials
of the minimum value stated above, were shipped until the shut-
down of November 17, 1939, to the Hosiery Division of the
Brooklyn plant of the respondent from places outside of the
State of New York.
VI. In the conduct of its business, the respondent normally
purchases annually from places outside of the Commonwealth
of Pennsylvania, materials used in the manufacture of women's
hosiery, amounting in value in excess of $100,000. The afore-
said materials constitute more than fifty (50) per cent in value
of all materials used by the respondent in the Bangor plant. Such
materials of the minimum value stated above, are shipped to
its Bangor plant from places outside of the Commonwealth of
Pennsylvania.
VII. In the conduct of its business, the respondent normally
sold annually, until the shut-down of November 17, 1939, products
of the -Hosiery Division of its Brooklyn plant amounting in ex-
cess of $400,000. Of the total sales of products of the Hosiery
Division of the Brooklyn plant, made by the respondent annually,
more than fifty (50) percent were normally sold and shipped
from the Hosiery Division of the Brooklyn plant directly to
customers located in states other than the State of New York.
VIII. In the conduct of its business, the respondent normally
sells annually, products of the Bangor plant amounting in ex-
cess of $400,000. Of the total sales of products of the Bangor
plant, made by the respondent annually, more than fifty (50)
percent are normally sold and shipped from the Bangor plant
directly to customers located in states other than the Common-
wealth of Pennsylvania.
IX. Respondent for a number of years,,until November, 1939,
operated the Hosiery Division of its Brooklyn plant separate
and apart from the remainder of its Brooklyn plant, which
continues to manufacture products other than women's hosiery.
JULIUS KAYSER & CO . 525
On October 30, 1939, the respondent shut down the second floor
of the Hosiery Division of its Brooklyn plant, and on November
17, 1939, the respondent shut down the remainder of the Hosiery
Division of its Brooklyn plant, and it has not since resumed any
hosiery operations at its Brooklyn plant. The respondent repre-
sents that it intends never to resume hosiery operations at its
Brooklyn plant.
X. Respondent now operates and has operated a plant in Hat-
tiesburg, Mississippi, engaged in the manufacture of women's
hosiery. The Hattiesburg plant is also engaged in interstate
and foreign commerce in excess of the minima set forth above in
paragraphs VI and VIII concerning the Bangor plant.
XI. American Federation of Hosiery Workers, affiliated with
Textile Workers Union of America, C. I. 0. is and has been a
labor organization within the meaning of Section 2, subsection
(5), of the Act.
XII. The respondent and the Union hereby waive, in respect
only to Case No. II-C-2922, the right to a hearing to the taking
of testimony or other evidence before a Trial Examiner, and to
the making of findings of fact and conclusions of law by the
Board'pursuant to the provisions of the Act.
XIII. This stipulation, together with the amended charge in
Case No. II-C-2922, and the complaint herein dated July 18,
1941, the affidavits of service of the amended charge in Case No.
II-C-2922 and the said complaint, with corresponding return
receipts, the answer of the respondent to said complaint, if any,
the National Labor Relations Board Rules and Regulations-
Series 2, as amended, may be introduced into the record in the
above-entitled matter by filing the said documents with the
Board at Washington, D. C., and when so introduced shall con-
stitute the entire record in the proceeding now numbered II-C-
2922.
XIV. The Order of the Board approving. this stipulation, if
such Order is issued, shall constitute a final settlement and dis-
position of all allegations in the complaint in Case No. II-C-
2922 insofar as concerns matters prior to the date of the exe-
cution of this stipulation, which allegations concern unfair labor
practices alleged to have occurred in connection with the opera-
tion of the Brooklyn plant of the respondent and the shut-down
thereof.
Neither this stipulation nor any Board Order which may be
issued approving it shall affect in any way Case No. II-0-3502
(III-C-429). Accordingly, no settlement or disposition is hereby
made of any allegations in the complaint in Case No. II-C-3502
526 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(III-C-429), which allegations concern unfair labor practices
alleged to have occurred in connection with the operation of the
Walton plant of the respondent.
XV. Upon the entire record in Case No. II-C-2922, the Board
may forthwith or at any future time, issue the following Order :
The respondent, Julius Kayser & Co., its officers, agents, suc-
cessors and assigns, shall :
1. Refrain from :
(a) Discouraging membership in American Federation of
Hosiery Workers, affiliated with Textile Workers Union of Amer-
ica, C. I. 0., or any other labor organization of its employees,
by discharging, laying off, locking out, or refusing to reinstate
any of its employees, or in any other manner discriminating in
regard to the hire or tenure of employment, or any term or con-
dition of employment, of its employees in any of its hosiery
plants located in the United States;
(b) In any manner interfering with, restraining or coercing
its employees in the exercise of their rights to self-organization,
to form, join or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in
concerted activities for the purposes of collective bargaining of
other mutual aid or bargaining as guaranteed in Section 7 of
the National Labor Relations Act, in the following ways or in
any other manner : by urging, persuading or warning its em-
ployees working in any of its hosiery plants located in the United
States to refrain from aiding, becoming or remaining members
of the American Federation of Hosiery Workers, or any other
labor organization; by threatening any such employees working
in any such hosiery plants with discharge, with lay-off, with
refusal to reinstate, with removal of any plants or any operations
in said plants to other places, with shut-downs, with lockouts
or with other reprisals, if they should aid American Federation
of Hosiery Workers or members' thereof, or if they should become
or remain members or apply for membership in American Fed-
eration of Hosiery Workers, or engage in any other concerted
activity, or if said American Federation of Hosiery Workers
should bargain collectively or present grievances on their behalf;
by informing any of such employees that joining or aiding
American Federation of Hosiery Workers or any other labor
organization, or engaging in other concerted activities, would
result in no advantage to them; by villifying and disparaging
American Federation of Hosiery Workers or any other labor
organization, or the leadership or adherents of any labor organ-
ization, to such employees; by expressing disapproval of the
JULIUS KAYSER & CO. 527
leadership of American Federation of Hosiery Workers to such
employees; by informing such employees that it would not bar-
gain collectively under any circumstances with the American
Federation of Hosiery Workers or any other labor organization;
by interrogating and investigating prospective employees of any
of such hosiery plants concerning their affiliations with labor
organizations and their views with respect to labor organizations;
by refusing to employ applicants for employment at any of
such hosiery plants, because they were affiliated with -a labor
organization, or were believed likely to become affiliated with or
sympathize with a labor organization, or to engage in other con-
certed activities for the purposes of collective bargaining and
other mutual aid and protection; by engaging in espionage and
surveillance of the activities of such employees in connection with
the American Federation of Hosiery Workers or any other labor
organization.
2. Take the following affirmative action :
(a) Place all employees on the second floor of the Hosiery
Division of the Brooklyn plant of the respondent at the time of
the October 30, 1939 shut-down of the said second floor, and at
the time of the November 17, 1939 shut-down of the remainder
of the Hosiery Division of the Brooklyn plant upon a preferential
list, such preferential list to be prepared in accordance with the
respond'ent's usual method of reinstating laid-off employees as
applied in the conduct of respondent's hosiery business at its
Brooklyn plant prior to the shut-downs of October 30 and
November 17, 1939, without discrimination against any employee
because of his union affiliation or activities, following a system
of seniority to such extent as has been applied in the conduct of
the respondent's hosiery business at its Brooklyn plant prior to
the said shut-down;
(b) To the extent that positions are now available in its Bangor
plant, offer reinstatement and employment of those persons who
were employed on the second floor of the Hosiery Division of the
Brooklyn plant at the time of the October 30, 1939 shut-down, and
those persons who were employed in the remainder of the Hosiery
Division of the Brooklyn plant at the time of the November 17,
1939 shut-down, in their former or substantially equivalent posi-
tions without prejudice to their seniority and other rights and
privileges, in the manner provided above in paragraph 2 (a)
hereof; and offer payment for the reasonable expenses entailed
in the transportation of said employees and their families to
Bangor, Pennsylvania, from New York, New York, or offer to
effect such transportation without cost to said employees;
528 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) With respect to those persons referred to above in para-
graphs 2 (a) and (b), for whom no employment is immediately
available at the respondent's Bangor plant, after the date of this
Order, in accordance with the preferential list described above
in paragraph 2 (a), offer employment in their former or sub-
stantially equivalent positions as such employment become avail-
able at the Bangor, Pennsylvania, plant of the respondent, and
before other persons are hired for such work; and offer payment
for the, reasonable expenses entailed in the transportation of
said employees and their families to Bangor, Pennsylvania, from
New York, New York, or offer to effect such transportation with-
out cost to said employees;
(d) In the event that the respondent, its agents, successors or
assigns, should in the future ever decide to resume the manufac-
ture of women's hosiery at its Brooklyn plant, offer immediately
at that time reinstatement and employment to the persons on the
aforesaid preferential list, in- the same manner that employment
is ordered to be offered with respect to Bangor, Pennsylvania,
plant;
(e) Make reasonable efforts to inform in writing each and
every one of the employees on the second floor of the Hosiery
Division of the Brooklyn plant at the time of the October 30,
1939, shut-down, and the employees employed in the remainder
of the Hosiery Division of the Brooklyn plant, at the time of
the November 17, 1939, shut-down; (1) that the respondent will
not engage in the conduct from which it is ordered to refrain in
paragraphs 1 (a), and 1 (b) of this Order; (2) that the respond-
ent will take the affirmative action set forth in paragraphs 2 (a),
(b), (c), and (d) and (e) of this Order; (3) that no document
which any person may have signed agreeing not to join a labor
organization is of any force or effect; and (4) that the respond-
ent's employees are free to become members of the American
Federation of Hosiery Workers, affiliated with the Textile
Workers Union of America, C. I. 0.; that respondent will not
discriminate against any employee because of membership or
activity in that organization;
(f) Post notices to the employees in conspicuous places in its
Brooklyn plant and maintain such notices for a period of at
least sixty (60) consecutive days from the date of posting, stating:
(1) that the respondent will not engage in the conduct from
which it is ordered to refrain in paragraphs 1 (a), and 1 (b) of
this Order;" (2) that the respondent will take the affirmative
action set forth in paragraphs 2 (a), (b), (c); (d) and (e) of
this Order; (3) that no document which any person may have
JULIUS KAYSER & CO. 529'
signed agreeing not to join a labor organization is of any force
or effect; and (4) that the respondent's employees are free to+
become members of the American Federation of Hosiery Workers,
affiliated with the Textile Workers Union of America, C. 1. 0.; that
respondent will not discriminate against any employee because of
membership or activity in that organization; and in the event
that the respondent, its agents, successors, or assigns, shall, in,
the future, resume the business of manufacturing hosiery at
its Brooklyn plant, at that time immediately again post like-
notices in its Brooklyn plant and keep them posted for the same
period ;
(g) Notify the Regional Director for the Second Region in,
writing within ten (10) days from the date of this Order, what,
steps the respondent has taken to comply herewith.
XVI. Upon application by the Board forthwith or at any-
future time, without further notice to the respondent, United
States Circuit Court of Appeals for the Second Circuit, or any
other appropriate Court as provided in Section 10, subdivision,
(e) of the Act, may enter a decree .embodying and enforcing:
the 'said Order of the Board in substantially the same form set-
forth above in paragraph XV and the respondent hereby ex-
pressly consents thereto and expressly waives its right to contest-
the entry of such decree.
XVII. Without admitting that any of the unfair labor prac-
tices alleged in the Complaint have been committed, the respond-
ent now joins in this stipulation and agreement to the end that-
this matter may be amicably settled.
XVIII. This stipulation is subject to the approval of the Board,.
shall become effective immediately upon the granting of such
approval by the Board, but shall not be effective until it has
received such approval. -
It is expressly understood that the terns of this stipulation.
embody the' entire agreement among the parties hereto, and it-
is further understood that there is no verbal or other agreement-
of any kind which in substance or effect in any way varies, alters,,
or adds to this stipulation.
On August 15, 1941, the Board issued its Order approving the
Stipulation, making it a part of the record, and pursuant to Article-
II, Section 36 of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended, transferred the proceedings to the-
Board for the purpose of entry of a Decision and Order pursuant-
to the provisions of said stipulation. Upon the above stipulation and
the entire record in the case, the Board makes the following:
530 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Julius Kayser & Co. is a New York corporation having its prin-
cipal office and place of business at 500 Fifth Avenue, New York
City. It is engaged in the sale and distribution of knit fabric cloth
and articles of apparel and related products at plants located in
various States of the United States and in foreign countries , including
a plant at 453 DeKalb Avenue, Brooklyn, New York. Prior to -a
shut -down of the respondent 's hosiery division at its Brooklyn plant
on November 17, 1939, the respondent annually purchased raw mate-
rials used in the manufacture of women's hosiery valued , in excess of
$400,000, practically all of which were shipped to the Brooklyn plant
from places outside of the State of New York. The aforesaid mate-
rials constituted more than 50 per cent in value of all materials used
by the respondent in the hosiery division of its Brooklyn plant.
Prior to the shut-down , the respondent annually sold finished prod-
ucts valued in excess of $400,000 , of which more than 50 per cent
were sold and shipped directly to customers located in States other
than the State of New York.
We find that the above -described operations constitute a continuous
flow of trade , traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact, stipulation , and the
entire record in the case, and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that ' Julius Kayser & Co ., New York City , its officers,
agents, successors , and assigns shall:
1. Refrain from :
(a) Discouraging membership in American Federation of Hosiery
Workers, affiliated with Textile Workers Union of America , C. I. 0.,
or any other labor organization of its employees , by discharging,
laying off , locking out , or refusing to reinstate any of its employees,
or in any other manner discriminating in regard to the hire or tenure
of employment , or any term or condition of employment, of its
employees in any of its hosiery plants located in the United States;
(b) In any manner interfering with, restraining or coercing its
employees in the exercise of their rights to self-organization , to form,
join or assist labor organizations , to bargain collectively through
representatives of their own choosing , and to engage in concerted
activities for the purposes of collective bargaining or other mutual
aid or bargaining as guaranteed in Section 7 of the National Labor
JULIUS KAYSER & co. 531
Relations Act, in the following ways or in any other manner : by
urging, persuading or warning its employees working in any of
its hosiery plants located in the United States to refrain from aiding,
becoming or remaining members of the American Federation of
Hosiery Workers, or any other labor organization ; by threatening any
such employees working in any such hosiery plants with discharge, with
lay-off, with refusal to reinstate , with removal of any plants or any
operations in said plants to other places, with shut-downs , with lock-
outs or with other reprisals , if they should aid American Federation
of Hosiery Workers or members thereof , or if they should become
or r'main members or apply for membership in American Federa-
tion of Hosiery Workers, or engage in any other concerted activity,
,or if said American Federation of Hosiery Workers should bargain
collectively or present grievances on their behalf ; by informing any
of such employees that joining or aiding American Federation of
Hosiery Workers or any other labor organization , or engaging in
,other concerted activities , would result in no advantage to them; by
vilifying and disparaging American Federation of Hosiery Workers
or any other labor organization , or the leadership or adherents of
any labor organization , to such employees ; by expressing disapproval
of the leadership of American Federation of Hosiery Workers to
such employees ; by informing ' such employees that it would not
bargain collectively under any circumstances with the American
Federation of Hosiery Workers or any other labor organization; by
interrogating and investigating prospective employees of any of such
hosiery plants concerning their affiliations with labor organizations
and their views with respect tb labor organizations ; by refusing to
employ applicants for employment at any of such hosiery plants,
because they were affiliated with a labor organization , or were be-
lieved likely- to become affiliated with or sympathize with a labor or-
ganization , or to engage in other concerted activities for the purposes
of collective bargaining and other mutual aid and protection; by en-
gaging in espionage and surveillance of the activities of such em-
ployees in connection with the American Federation of Hosiery
Workers or any other labor organization.
2. Take the following affirmative action :
( a) Place all employees on the second floor of the Hosiery Division
of the Brooklyn plant of the respondent at the time of the Octo-
ber 30, 1939, shut -down of the said second floor, and at the time of
the November 17, 1939, shut -down of the remainder of the Hosiery
Division of the Brooklyn plant upon a preferential list, such prefer-
ential list to be prepared in accordance with the respondent 's usual
method of reinstating laid-off employees as applied in the conduct of
the respondent 's hosiery business at its Brooklyn plant prior to the
451270-42-%of 35-35
532 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shut-downs of October 30 and November 17, 1939, without discrimina-
tion against any employee because of his union affiliation or activities,
following a system of seniority to such extent as has been applied in
the conduct of the respondent's hosiery business at its Brooklyn plant
prior to the said shut-down;
(b) To the extent that positions are now available in its Bangor
plant, offer reinstatement and employment of those persons who were
employed on the second floor of the Hosiery Division of the Brooklyn
plant at the time of the October 30, 1939, shut-down, and those persons
who were employed in the remainder of the Hosiery Division of the
Brooklyn plant at the time of the November 17, 1939, shut-down,
in their former or substantially equivalent positions without preju-
dice to their seniority and other rights and privileges, in the manner
provided above in paragraph 2 (a) hereof; and offer payment for
the reasonable expenses entailed in the transportation of said em-
ployees and their families to Bangor, Pennsylvania, from New York,
New York, or offer to effect such transportation without cost to said
employees ;
(c) With respect to those persons referred to above in paragraphs
2 (a) and (b), for whom no employment is immediately available
at the respondent's Bangor plant, after the date of this Order, in
accordance with the preferential list described above in paragraph
2 (a), offer employment in their former or substantially equivalent
positions as such employment becomes available, at the Bangor,
Pennsylvania, plant of the respondent, and before other persons are
hired for such work; and offer payment for the reasonable expenses
entailed in the transportation of said employees and their families
to Bangor, Pennsylvania, from New York, New York, or offer to,
effect such, transportation without cost to said employees;
(d) In the event that the respondent, its agents, successors or as-
signs, should in the future ever decide to resume the manufacture of
women's hosiery at its Brooklyn plant, offer immediately at that
time reinstatement and employment to the persons on the aforesaid
preferential list, in the same manner that employment is ordered
to be offered with respect to Bangor, Pennsylvania, plant;
(e) Make reasonable efforts to inform in writing each and every
one of the employees on the second floor of the Hosiery Division of
the Brooklyn plant at the time of the October 30, 1939, shutdown,
and the employees employed in the remainder of the Hosiery Divi-
sion of the Brooklyn plant, at the time of the November 17, 1939,
shut-down; (1) that the respondent will not engage in the conduct
from which it is ordered to refrain in paragraphs 1 (a), and 1 (b)
of this Order; (2) that the respondent will take the affirmative action
set forth in paragraphs 2 (a), (b), (c), (d), and (e) of this Order;
JULIUS KAISER & CO. 533
(3) that no document which any person may have signed agreeing
not to join a labor organization is of any force or effect; and (4) that
the respondent's employees are free to become members of the Amer-
ican Federation of Hosiery Workers, affiliated with the Textile Work-
ers Union of America, C. I. 0.; that respondent will not discriminate
against any employee because of membership or activity in that
organization ;
(f) Post notices to the employees in conspicuous places in its-
Brooklyn plant and maintain such notices for a period of at least
sixty (60) consecutive days from the date of posting, stating: (1)
that the respondent will not engage in the conduct from which it is.
ordered to refrain in paragraphs 1 (a), and 1 (b) of this Order; (2)
that the respondent will take the affirmative action set forth in para-
graphs 2 (a), (b), (c), (d), and (e) of this Order; (3) that no docu-
ment which any person may have signed agreeing not to join a labor
organization is of any force or effect; and (4) that the respondent's
employees are free to become members of the American Federation
of Hosiery Workers, affiliated with the Textile Workers Union of
America, C. I. 0.; that the respondent will not discriminate against
any employee because of membership or activity in that organization ;
and in the event that the respondent, its agents, successors, or assigns,
shall, in the future, resume the business of manufacturing hosiery at
its Brooklyn plant, at that time immediately again post like notices
in its Brooklyn plant and keep them posted for the same period ;
(g) Notify the Regional Director for the Second Region in writing
within ten (10) days from the, date of this Order, what steps the
respondent has taken to comply herewith.