036 NLRB 518
Berkshire Knitting Mills
In the Matter of BERKSHIRE KNITTING MILLS and AMERICAN FEDERATION
OF HOSIERY WORKERS, BRANCH #10
Case No. C-385
ORDER AND NOTICE
October 09, 1941
An application for the issuance of a subpena directed to Luther D.
Adams having been filed by respondent on November 29, 1937, and the
Board having entered an Order dated November 30, 1937, denying
said application; a hearing having been held before a Trial Examiner
duly designated; oral argument and briefs having been presented to
the Board, and the Board, on September 6, 1938, having entered an
Order directing issuance of Proposed Findings of Fact, Proposed Con-
clusions of Law and Proposed Order, directing that no Intermediate
Report shall be issued, and granting parties the right to file Excep-
tions and to request oral argument and permission to file briefs; and
Proposed Findings of Fact, Conclusions of Law and Order having
been issued by the Board on April 28, 1939; and the Board having
received Exceptions to the said Proposed Findings of Fact, Conclusions
of Law and Order, and heard oral argument thereon, and having on
November 3, 1939, issued its Decision and Order; and thereafter peti-
tions to review and set aside the said Order having been filed in the
United States Circuit Court of Appeals for the Third Circuit by Berk-
shire Employees Association and the respondent, and the matter having
been presented to the said Circuit Court on briefs and oral argument,
and thereafter, on October 14, 1941, the said Circuit Court having
entered its "Resettled Order Remanding Case to National Labor Rela-
tions Board for Further Proceedings", and the Board having consid-
ered the matter and being advised in the premises,
IT IS HEREBY ORDERED that the said Order of November 30, 1937,
denying respondent's application for the issuance of a subpena, the
aforesaid Order of September 6, 1938, directing the issuance of Pro-
posed Findings of Fact, Conclusions of Law and Order, etc., the afore-
said Proposed Findings of Fact, Conclusions of Law and Order issued
by the Board on April 28, 1939, and the aforesaid Decision and Order
of the Board issued November 3, 1939, be, and they hereby are, vacated
and set aside.
36 N. L. R. B., N. 108.
518
1
BE'RKSHIRU KNITTING MILLS
519
PLEASE TAKE NOTICE that on Thursday, November 20, 1941, or as soon
thereafter as may be convenient, the National Labor Relations Board,
unless sufficient cause to the contrary shall have appeared, will enter
an Order denying respondent's application for the issuance of a subpena
referred to hereinabove and will enter an Order directing issuance of
Proposed Findings of Fact, Conclusions of Law and Order, directing
that no Intermediate Report shall be issued, and granting right to file
Exceptions, request oral argument and permission to file brief.
You ARE HEREBY ADVISED that you may file with the National Labor
Relations Board in Washington, D. C., and serve upon the parties,
on or before Thursday, November 20, 1941, objections, and briefs in
support thereof, to the entry of the Orders referred to in the next para-
graph above.
Application for permission to argue orally before the
Board on the said objections may be filed no later than November 10,
1941, and, if granted, will be heard at a time and place to be fixed by
the Board.