Henry K. Phelps, Jr., Trustee In Bankruptcy Of Atlas Pipeline Corporation,' And Atlas Oil And Refining Corporation,2 Respondents, And Oil Workers International Union, Local 245, Affiliated With Congress Of Industrial Organizations, 1163 (1942)

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Henry K. Phelps, Jr., Trustee In Bankruptcy Of Atlas Pipeline Corporation,' And Atlas Oil And Refining Corporation,2 Respondents, And Oil Workers International Union, Local 245, Affiliated With Congress Of Industrial Organizations, 1163 (1942)

In the Matter of HENRY K. PHELPS, JR., TRUSTEE IN BANKRUPTCY OF ATLAS PIPELINE CORPORATION,' AND ATLAS OIL AND REFINING CORPORATION,2 RESPONDENTS, and OIL WORKERS INTERNATIONAL UNION,

LOCAL 245, AFFILIATED WITH CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. -29190.-Decided December 9, 1942 Jurisdiction: oil refining and pipeline industry.

Unfair Labor Practices Interference, Restraint, and Coercion: discriminatory statements, questioning about union membership, and threats by supervisory employees; refusal to hire person who would join union; discriminatory promotions.

Discrimnination: two discharges by Trustee because of union membership and activity, and corporation's refusal to reinstate these persons upon application;

refusal of corporation-which received assets from Trustee on transfer without break in operations-to hire certain 'undesirable' individuals who had not been included on list prepared by managing officials of Trustee who continued as managing officials of corporation, held discriminatory, when each of these individuals was an active union member, had had satisfactory service with the Trustee, and corporation, with knowledge of this situation, refused to discuss with union the basis for selection of these men, and officials who compiled the list had ignored subpoenas of Board and failed to testify as to such factors which entered into the consideration for excluding 'undesirable' employees.

Remedial Orders: Trustee ordered to pay hack pay to the employees whom it had discriminatorily discharged, between date of discharge and date assets were transferred to corporation; corporation ordered to cease and desist unfair labor practices, to offer reinstatement to employees whom it had discriminatorily refused to hire and to employees discriminatorily discharged by Trustee which it refused to reinstate, and to award these employees back pay from date of its discrimination to date of offer of reinstatement.

Practice and Procedure: objection to use of stipulation-that Trustee had transferred assets to corporation-as basis for reopening record by Trial Examiner and institution of supplementary proceedings to make corporation a party held unnecessary to pass upon when Board's jurisdiction over corporation was grounded on amended charges and an amended complaint issued against the corporation pursuant to usual Board procedure, and use of stipulation as basis of institution of supplementary proceedings was not improper;

statement of Trial Examiner criticizing managing employees of corporation who did not appear in response to Board subpoena held not to establish any prejudice, under the circumstances.

DECISION AND ORDER Upon complaint issued pursuant to charges duly filed by Oil Workers International Union, Local 245, affiliated with Congress of Industrial Organizations, herein called the Union, against Henry K. Phelps, Jr.,

Trustee in Bankruptcy of Atlas Pipeline Corporation, herein called 1 of Intermediate Report, infra.

' of Intermediate Report, infra.

1163 the Trustee, a hearing was held before a Trial Examiner in Shreveport,

Louisiana, from January 12 to 20, 1942, in which the Board, the Union, and the Trustee above named participated by their representatives. Thereafter a further hearing was held upon an amended complaint following the filing of further charges against Atlas Oil and Refining Corporation, herein called Atlas, as well as against the Trustee. The same parties were represented and participated in the hearing. Atlas was represented by counsel and appeared specially at the further hearing. The Board has reviewed the rulings of the Trial Examiner made on motions and on objections to the admission of evidence and finds that no prejudicial error was committed. The rulings are hereby affirmed.

On May 13, 1942, the Trial Examiner issued his Intermediate Report finding that both the Trustee and Atlas had engaged in violations of the Act. Exceptions to the Intermediate Report and briefs were thereafter filed by the Trustee and Atlas and considered by the Board. Oral argument was held before the Board on July 21, 1942. Upon our consideration of the entire record we affirm and adopt the findings of the Trial Examiner, save as inconsistent with our findings and conclusions as hereinafter set forth.

From September 20, 1939, to January 23, 1942, the Trustee under Court Order, operated the refinery of Atlas Pipeline Corporation. A substantial portion of the crude oil refined was obtained from points outside the State of Louisiana and a large portion of the products of the refinery was shipped outside the State. The annual value of the finished products exceeded $1,000,000. On January 23, 1942, 3 days after the close of the first hearing in this case, Atlas received from the Trustee, pursuant to a plan of reorganization, the assets of the Trustee and thereafter, without interruption by reason of the transfer, continued the operations of the refinery as more fully described below.

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