(Concurring in Part and Dissenting in Part).
I concur except as to the denial of reinstatement of Barcroft to his former job. I concur further that, if such reinstatement would require respondent to hire two employees where only one is needed, then it should be denied; but, for reasons adequately stated by the Trial Examiner,1 I do not think that the present record shows that to be a fact. The majority of this Court arrives at that result, so it seems to me, by considering the proffered but refused evidence as if it had been received. If that evidence had been admitted by the Board, the witnesses would have been subject to cross-examination and rebuttal evidence might have been offered to produce a result different from that *646' reached by the majority in considering the evidence already a part of the record. It seems to me that the right modi- ■ fication of the Board’s order in this respect would be to accord with that part of the order recommended by the Examiner.2 I, therefore, respectfully concur in part and dissent in part.
. “There is nothing in this record indicating that these jobs would have been combined for nondiseriminatory reasons. To the contrary, the evidence is to the effect that combining of these jobs was an expedient resulting from the transfer of Barcroft. Whether it was an economic expedient resulting in a saving in efficiency and expense for respondent is speculative and is not revealed by this record. It is possible, of course, that combining of these jobs has proved beneficial to Respondent and that for legitimate business reasons it desires to continue the present method of operating. However, this record does not furnish sufficient information to form a basis for determining that question. For example, the evidence is not adequate to' form a basis from which a comparison can be made of the effectiveness of the present method of operating and of the method of operating previously, there is no evidence from which a comparison can be made with the situation prevailing in the southern division, and there is no evidence concerning the duties formerly performed by Brown at the general offices of Respondent. Maybe these duties are not now performed. On the other hand it may be that additions were made to the staff to compensate for Brown’s removal therefrom and that the combining of Barcroft’s and Brown’s jobs at the warehouse does not in fact accomplish greater efficiency or a saving in expense. For similar reasons it can not be determined from this record whether reinstatement of Barcroft to his former position as clerk warehouseman would work an undue hardship on Respondent.”
. “Offer" T. E:, Barcroft immediate and full reinstatement to his former job of clerk warehouseman, unless it proves as hereinabove provided, that to reinstate Barcroft would cause an undue hardship and that neither his former job or a substantially equivalent one exists.”