Exhibit,Appendix: ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS

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                                LAW OFFICES.

IMAL, TADLOCK, KEENEY & CORDERY, LLP

Suite 1300

Theodore T. Cordery, Esq. (Bar No. 114730)
Tina Yim, Esq. (Bar No. 232597)

IMAI, TADLOCK, KEENEY & CORDERY, LLP

100 BUSH STREET, SUITE 1300
SAN FRANCISCO, CA 94104
Telephone: (415) 675-7000
Facsimile: (415) 675-7008

Attorneys for Defendant
WEBCOR BUILDERS, INC.

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

FEB 22 2013

Clerk of the Court
BY: EDNALEEN JAVIER
Deputy Clerk

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION

ROBERT ROSS and JEAN ROSS,

Plaintiffs,

C.C. MOORE & CO. ENGINEEERS, et al.,

Defendants.

CASE NO.: CGC-10-275731

EXHIBITS 1 AND 2 TO THE
DECLARATION OF DR. JEFFREY
BIRKNER IN SUPPORT OF WEBCOR
BUILDERS, INC,’S MOTION FOR
SUMMARY JUDGMENT OR, IN THE
ALTERNATIVE, SUMMARY JUDGMENT

Date: May 9, 2013

Time: 9:30 am.

Dept: 503

Judge: Hon. Teri L. Jackson

Complaint Filed: December 17, 2010
Trial Date: June 10, 2013

Attached are EXHIBITS 1 AND 2 TO THE DECLARATION OF DR. JEFFREY
BIRKNER IN SUPPORT OF WEBCOR BUILDERS, INC.’S MOTION FOR SUMMARY
JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY JUDGMENT

EXHIBITS 1 AND 2 TO THE DECLARATION OF DR. JEFFREY BIRKNER IN SUPPORT OF WEBCOR.
BUILDERS, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY
JUDGMENT1 PROOF OF SERVICE

2 I, Heather Cherry, declare:

3 Tam a resident of the State of California and over the age of eighteen years, and not a
party to the within action; my business address is 100 Bush Street, Suite 1300, San Francisco, CA
94104. On the date of execution below, I served the within documents:

4
5 EXHIBITS 1 AND 2 TO THE DECLARATION OF DR. JEFFREY BIRKNER IN
SUPPORT OF WEBCOR BUILDERS, INC.’S MOTION FOR SUMMARY

6 JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY JUDGMENT

7 by transmitting via facsimile the document(s) listed above to the fax number(s) set
8

9

forth below on this date before 5:00 p.m.

by placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, in the United States mai] at San Francisco, California addressed as set
10 forth below.

by personally delivering the document(s) listed above to the person(s) at the
address(es) set forth below.

>} On the date of execution below, | electronically served the document via File &
ServeXpress on the recipients designated on the Transaction Receipt located on the
File & ServeXpress Web site.

LAW OFFICES
IMAI, TADLOCK, KEENEY & CORDERY, LLP

si

I declare under penalty of perjury under the laws of the State of California that the above

£ 16 is true and correct.
z
7 Executed on February 22, 2013, at San Francisco, California.
18
19 /s/ Heather Cherry
Heather Cherry
20

Ross, Robert and Jean v. C.C. Moore & Co. Engineers, (WB).
21 || SAN FRANCISCO SUPERIOR COURT NO. CGC-10-275731

2.
ATTACHED ARE EXHIBITS | AND 2 TO THE DECLARATION OF DR. JEFFREY BIRKNER IN
SUPPORT OF WEBCOR BUILDERS, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN ‘THE
ALTERNATIVE, SUMMARY JUDGMENTLAW OFFICES

IMAL, TADLOCK, KE;

108

SAN FRANCISCO, CA 94104

(418) $75. 7000

CO OC WM DW B® WB NY

RY YW NR NY DB RR DD ee mea
ae NA A FF YN B= SD Bb we BY DH B&B WN &

PROOF OF SERVICE
J, Tina Yim, declare:

lam a resident of the State of California and over the age of eighteen years, and not a
party to the within action; my business address is 100 Bush Street, Suite 1300, San Francisco, CA
94104. On the date of execution below, I served the within documents:

EXHIBITS 1 AND 2 TO THE DECLARATION OF DR. JEFFREY BIRKNER IN
SUPPORT OF WEBCOR BUILDERS, INC.’S MOTION FOR SUMMARY
JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY JUDGMENT

by transmitting via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 5:00 p.m.

by placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, in the United States mail at San Francisco, California addressed as set
forth below.

>| by personally delivering the document(s) listed above to the person(s) at the
address(es) set forth below:

Brayton Purcell, LLP
222 Rush Landing Road
Novato, CA. 94945-2469

On the date of execution below, I electronically served the document via File &
ServeXpress on the recipients designated on the Transaction Receipt located on the
File & ServeXpress Web site.

I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.

Executed on February 22, 2013, at San Francisco, California.

/s/ Tina Yim
Tina Yim

Ross, Robert and Jean v. C.C. Moore & Co. Engineers, (WB),
SAN FRANCISCO SUPERIOR COURT NO. CGC-10-275731

3-
ATTACHED ARE EXHIBITS 1 AND 2 TO THE DECLARATION OF DR. JEFFREY BIRKNER IN
SUPPORT OF WEBCOR BUILDERS, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE
ALTERNATIVE, SUMMARY JUDGMENTEXHIBIT 1Jeffrey S. Birkner, PhD, CIH
5811 Indian Terrace Dr.
Simi Valley, CA 93063

805-906-5456

HEALTH, SAFETY, AND INDUSTRIAL HYGIENE PROFESSIONAL

Specializing in industrial hygiene, regulatory affairs, and product liability evaluation.
Experience includes hazard assessment, environmental monitoring, emergency response,
spill response, respirator program evaluation, and asbestos program management.
Successfully managed quality assurance, technical service, and research and development
programs.

EDUCATION
Ph.D. Environmental Health Sciences, UCLA, 2007
M.S. Environmental Health Sciences, NYU, 1983

B.A. Biology, NYU, 1979

CERTIFICATION i

American Board of Industrial Hygiene as a Certified Industrial Hygienist in (
Comprehensive Practice since 1987 !

EXPERIENCE

Principal, Birkner Consulting, 1988 to Present, Simi Valley, California. Perform in-
depth analysis of documentation and testimony of plaintiffs alleging exposure to
substances including asbestos, radiation, and other chemicals. Review testimony and
documents to quantitatively and qualitatively assess exposures to these substances.
Develop reports to be used by myself or other expert witnesses for summaries to clients :
and at trial. Perform literature searches of various chemical substances including |
asbestos. Evaluate documentation to assess the extent of asbestos abatement programs,
health, safety, and environmental programs at various facilities. Provide industrial
hygiene and hazard assessment to large manufacturing clients. Perform air sampling,
noise exposure evaluations, indoor air quality evaluations, hazardous material
assessments, and OSHA compliance evaluations. Assessments include recognition,
evaluation, and control of hazards including asbestos, lead, and organic chemicals.Page two/Jeffrey $. Birkner

Vice President, Technical Services. Moldex Metric Inc., 1986 to Present,

Culver City, California. Promoted from Manager to Director to V.P. of Technical
Services. Provide in-house industrial hygiene and safety services (20% of time)
including the identification and abatement of asbestos-containing materials. Majority of
time spent on duties such as advising customers on the use of safety products
manufactured by Moldex, review of all product information to ensure technical
correctness, understandability, and compliance with government regulations concerning
respiratory and hearing protection products. Develop training programs for distributors,
manufacturer representatives, and in-house personnel. Represent the company on issues
regarding the certification and regulation of Moldex products. Participate in discussions
with OSHA, NIOSH, and ANSI regarding their respective regulations or
recommendations. Assist in the management and development of new products from
design to final marketing including respiratory protection devices used for protection
against hazardous substances including organic and acid gas vapors, asbestos, and lead.
Evaluate new product efficacy through fit test studies and lab bench tests. Supervise
R&D Lab, QA Department, and ISO 9000 support personnel.

Instructor, Pacific Travel Trade School, 1997-2000, California. Provided vocational
training for Health and Safety Technicians which included the following subjects: 40-
hour Hazmat course, Lead Abatement Workers, Asbestos Abatement Workers,
Respiratory Protection, Physiology, Anatomy, Electrical Safety, and Ergonomics, Most
rubrics included classroom and lab work. Asbestos abatement training covered
regulations, State-of-the-Art abatement techniques, history, and extensive hands-on
simulated abatement.

Health Physicist/Industrial Hygienist, The Zia Company, 1984-1986,
Los Alamos, New Mexico. Provided IH and HP support for contract personnel for Los

Alamos National Lab. Developed radiation safety programs, investigated exposure
incidents, evaluated jobs involving radiation. Performed industrial hygiene assessments
including noise surveys and air contaminants including lead, asbestos, and solvents.
Supervised asbestos abatement personnel to ensure compliance with all regulations
during abatement. Performed personal breathing zone samples, area, and bulk samples.
Ensured that abatement procedures were conducted in a manner that would protect
abatement personnel as well as persons occupying adjacent areas outside of the
containment zone.

Radiation Therapy Dosimetrist, Montefiore Medical Center, 1984, New York.
Designed radiation therapy treatment plans for cancer patients. Calibrated radiation
therapy equipment. Performed radiation safety assessments.

Assistant Scientist, Bureau for Radiation Control Department of Health,

City of New York, 1982-1984, New York. Enforced federal, state, and city regulations
regarding radiation producing equipment. Assessed radiation hazards for occupationally
and non-occupationally exposed personnel.Page three/Jeffrey S. Birkner

College Laboratory Assistant, Hunter College School of Health Science,
1981-1982, New York. Prepared and taught laboratory courses in Environmental
Toxicology, Industrial Hygiene, and Physiology.

Assistant Research Toxicologist, NYU Medical Center, 1980-1981, New York.
Conducted research on the toxicity of elevated sulfite levels in animal systems.
Performed extensive biochemical assays and generated artificial atmospheres for
inhalation.

PUBLICATIONS/PRESENTATIONS

Birkner, Jeffrey S$. and Howard J. Cohen. “Respiratory Protection,” Clinical Chest
Medicine 33 (2012): 783-793.

Birkner, J. “Want Respiratory Protection Compliance? Consider These 7 Critical
Factors,” Industrial Safety & Hygiene News. (June 2012): 36.

Birkner, J. and C. Colton. “Respiratory Protective Equipment,” Patty’s Industrial
Hygiene: Evaluation and Control, Volume 2. Wiley, New Jersey: 2011. Chapter 26.

Birkner, J., Fung, D., Hinds, W, and Kennedy, N. “Particle Release from Respirators,
Part I: Determination of the Effect of Particle Size, Drop Height, and Load,” Journal of
Environmental and Occupational Health. (2011): 8, 1-9.

Birkner, J., Kovalchik, S., Fung, D., Hinds, W, and Kennedy, N. “Particle Release from
Respirators, Part II: Determination of the Effect of Tension Applied in Simulation of
Removal,” Journal of Environmental and Occupational Health. (2011): 8, 10-12.

Birkner, J. “Commercially Available Respirators for Use in the Health-Care Setting,”
Roundtable No. 248 entitled Respirator Program Needs and Experience in the Health-
Care Setting. AIHCE June 2010.

Hall, D., J. Rasmuson, E. Rasmuson, L. Birkner, and J. Birkner. “Application of the
Central Limit Theorem to Monte Carlo Retrospective Exposure Assessment of Workers
Exposed to Asbestos-Containing Joint Compound,” Paper No, 52 AIHCE June 2008,
Minneapolis, Minnesota.

Hail, D., J. Birkner, R. Strode, and J. Rasmuson. “The Utility of Computational Fluid
Dynamics for Determining Flow and Re-entrainment of Indoor Airbome Respiratory-
Range Sized Fibrous and Non-Fibrous Particles,” Paper No. 11 AJHCE, June 2007,
Philadelphia, PA.

Birkner, J.S. “Detailing the Process for NIOSH Respirator Approval,” Safety and Health,
March 2006.Page four/Jeffrey 8. Bitkner

Birkner, J.S. “Respiratory Protection: How to Establish a Program,” Protection Update.
Spring 2003.

Birkner, J.S. “Breathe Freely: Assessing the Respiratory Protection Needs of Your
Business,” Plant Safety Maintenance. January 2003.

Birkner, J.S. Authored chapter “Particulate Filter Respirators, Respiratory Protection,”
A Manual and Guideline. American Industrial Hygiene Association. 2001: Third Ed.

Birkner, J.S. “OSHA Requirements: Minimum Steps for Compliance / Information
Resources,” Industrial Safety and Health News. 1998.

Birkner, J.S. “Bringing Your Program Into 42CFR84 Compliance,” Occupational
Health & Safety. August 1997.

Birkner, J.S. “An Introduction to the Revised Standard,” News & Reviews. United Sales
Associates. Winter 1996,

Edited two chapters for Respiratory Protection: A Manual and Guideline. American
Industrial Hygiene Association. 1992: Second Ed.

Johnston A.R., Myers W.R., Colton C.E, Birkner J.S., and Campbell, C.E. “Review of
Respirator Performance Testing in the Workplace: Issues and Concerns,” American
Industrial Hygiene Journal. (1992): 53, 11, 705.

Birkner, J.S. “Respirator Effectiveness: Don’t Overlook Fit Testing,” Industrial Safety
and Health News.

Gunnison A.R., Farruggella T.J., Chiang G., Dulak L., Zaccardi J., and Birkner J.
“A sulphite oxidase-deficient model: Metabolic Characterization,” Food and Cosmetics
Toxicology. (1981): 19, 209.

Dunne A-P., Untermeyer M.W., Wolf M., Wolinsky H., Estorff LV., Birkner J., and
Dufton S. “Effect of Exercise on Spontaneously Hypertensive Rats (SHR),” The
Physiologist. (1974): 17, 3, 214.

ACTIVITIES

-Full member of the American Industrial Hygiene Association

-President of the International Society for Respixatory Protection, 1991-1993

-President of Southern California American Industrial Hygiene Association, 2002-2003
-Voting member of American National Standards Institute Z88.12 Committee to develop
a standard for Respiratory Protection for Infectious Aerosols

-Voting member of American National Standards Institute Z88.2 Committee to develop a
standard for Practices for Respiratory Protection.Page five/Jeffrey S. Birkner

-Voting member of the Z88 Parent Committee on Respiratory Protection

-Voting member American Industrial Hygiene Association Respirator Committee
-Session arranger for Respirator Technical Sessions for American Industrial Hygiene
Conference, 1990

-Past member of the Health Physics Society

~Chair of Respiratory Protection Committee for the International Safety Equipment
Association, 1996-1999, 2003-2005, 2008-2012

-Vice Chair of Respiratory Protection Committee for the International Safety Equipment
Association, 2006, 2007-2008

-Chair of Hearing Protection Committee for the International Safety Equipment
Association, 1994-1998, 2001- 2005, 2008-2012

-Vice Chair of Hearing Protection Committee for the International Safety Equipment
Association, 2007-2008

Appointed to the Environmental Impact Committee for the Ronald Reagan Library,
1990-1993

AWARDS

-NIOSH Training Grant for UCLA Doctoral Program which awards full tuition, research
money, and yearly stipend

-2005 Occupational Health and Safety Research Training Pilot Project Program-Awarded
$19,000 to perform research on the release of particles from respirator filters

SPECIAL TRAINING

-Management Oversight and Risk Tree Analysis/Accident Investigations sponsored by
the U.S. Department of Energy

-Radiation Protection Course for Radionuclide Users, sponsored by Los Alamos National
Laboratory

-X-Ray Safety: Analytical, sponsored by Los Alamos National Laboratory
-Supervisors Safety Training, sponsored by the Zia Company

-Construction Safety and Health sponsored by the Occupational Safety and Health
Administration

-Practices and Procedures in Asbestos Control sponsored by the National Asbestos
Center University of Kansas

-AHERA Asbestos Abatement Contractor Supervisor 40-hour Course for TSCA
-Lead-Related Construction Supervisor & Project Monitor Course, Califomia

TESTIMONY AND EXPERT COMMENTS
-NIOSH hearings on promulgation of 42CFR84, June 23, 1994

-OSHA hearings on pronmlgation of update of 29CFR1910.134, June 14, 1995
-OSHA hearing on Assigned Protection Factors, January 29, 2004Page six/Jefftey 8. Birkner

-Expert reviewer of Total Inward Leakage Protocol for the National Personal Protection
Technologies Laboratory of the National Institute of Occupational Safety and Health
-Invited Speaker to the Institute of Medicine of the National Academies Committee on
the Development of Reusable Facemasks for Use during an Influenza Pandemic, March
6-7, 2006

-Invited Speaker to the Institute of Medicine of the National Academies Committee on
Evaluation of an Anthropometric Fit Test Panel for the National Institute of Occupational
Safety and Health

-Expert reviewer on proposed research entitled “Metabolic Evaluation of N95 Respirator
Use with Surgical Masks for NIOSH, January 31, 2007

-Guest speaker at the 2007 Nanotechnology and Occupational Health and Safety
Conference November 16-17, 2007 entitled “Respiratory Protection: Current State-of-
the-Art with Consideration for use with Nanoparticles

-Manuscript reviewer for NIOSH on proposed publication entitled “Evaluation of the
Filtration Performance of 21 Filtering Facepiece Respirators after Prolonged Storage”
by Viscusi, D., et al., January 2008

-Expert reviewer on proposed research entitled “Assessing the Impact of Biological
Decontamination Methods on Filtering Facepiece Respirator Fit” for NIOSH,

January 2009

-EPA Hearings on update of 40 CFR 211, October 7, 2009

-Invited Advisory Board member for the NIOSH sponsored No Fit Test Respirator
Workshop and Research Roadmap RFQ 2008-Q-10205

-Expert reviewer on proposed research entitled “Physiological Respiratory Protective
Equipment Comfort / Tolerance Study” for National Institute of Occupational Safety and
Health, May 2010

-Invited Expert at the National Institute for Occupational Safety and Health Personal
Protective Technology Stakeholders Meeting, March 29, 2011, Pittsburgh, Pennsylvania
-Expert Reviewer on proposed research entitled "Validation of an Advanced Respirator
Fit Test Headform” for National Institute of Occupational Safety and Health,

January 2012EXHIBIT 2oclUmUMmlmlUlUCOOmUUMNLUCUCU OO ONO

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF SAN FRANCISCO

UNLIMITED JURISDICTION

--~a00---
SYLVIA CURRIER, et al. Case
KENNETH GOFORTH, Case
WARREN HAASE, Case
THOMAS HIXSON, Case
JAMES D. LEWIS, Case

Plaintiffs,
vs.

ASBESTOS DEFENDANTS,
et al. (BP)

)

)

}

)

)

}

)

)

)

)

ROBERT ROSS, ) Case

)

)

)

)

)

)

}
Defendants. )
)

No.:

No.:

No.:

Now:

Now:

Now:

CGC-06-454323
CGC-06-451849
CGC-08-274823
CGC-09-275161
CGC-08-274946

CGC-07-274099

DEPOSITION OF STEVE STEELE

Taken before Kimberly L. Avery

CSR No. 5074

August 21,

20091 STEVE STEELE,
2 sworn as a witness,
3 testified as follows:
4 EXAMINATION BY MR. SINUNU:
5 QO. Could you state your name, please, for the
6 record.
i 7 A. Steve Steele.
8 Q. And your current address?
9 A. 3833 Walnut Avenue in Concord, California.
10 Q. And your current occupation?
: 41 A. I'm the business manager of the Insulators!
12 Local 16.
i
13 Q. And what is the complete name of that
14 organization?
15 A. Heat and Frost Insulators and Allied Workers.
16 Q. How long has it been known by that particular
17 name?
: 18 A. I would say approximately two to three years.
| 19 Q. And before that was it the Heat and Frost
20 Insulators and Asbestos Workers?
21 A. Yes.
22 Q. And so if we refer to either of those
23 organizations, we're talking about essentially one
24 organization, correct?
| 26

15

Aiken Welch Court Reporters S. Steele 8-21-094 Q. Okay. On what date did you become a journeyman
2 with the Insulators' union?
3 A. Approximately 1972.
4 0. “and again, throughout the deposition, this is a
5 shortcut, we'll say the Insulators’ union or the
6 Insulators' union Local 16, and by that we'll be
7 referring to the Heat and Frost Insulators -- well, the
8 International Association of Heat and Frost Insulators
9 and Allied Workers union; you understand that?
10 A. I understand.
be ecient rte nen
11 0. Do you remember the date in 1972?
12 A. No.
13 Q. Did you go through an apprenticeship before
14 becoming a journeyman?
15 A. TI did.
16 Q. And how long was that apprenticeship?
17 A. Four years.
18 0®. Are the geographic boundaries of Local 16 the
19 same as they were when you became a journeyman?
20 A. I believe so.
21 0. What are those geographic boundaries?
22 A. 47 counties in northern California and 10 in
23 northwestern Nevada.
24 Q. And has the designation of the local which
25 controls those counties always been Local 16 insofar as

19

Aiken Welch Court Reporters S. Steele 8-21-09

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was not a union representative at that time. And
that's what this Notice is directed to, so tell me why
does it relate?

Hearing nothing...

BY MR. SINUNU:

Q. Did you have course materials?

MR. DAVIS: I'm going to join the objection.
BY MR. SINUNU:

9. I'll ask the question, did you receive any
materials that described any hazards relating to
asbestos during the time you were an apprentice?

A. Not that I know of.

Q. Did any of your course materials have any
discussion of the hazards of asbestos?

A. Not that I know of.

I'll clarify that. They were handouts, an
8-and-a-half-by-11 handout how to insulate a tank or
certain pipe or an elbow; that's what I remember of our
apprenticeship program.

Q. Did they ever mention respirators?

A. Not during that time, no.

Q. And it looks 1ike you have in front of you
maybe a truncated version of the document we've had
marked as Exhibit A, and it lists on Attachment 3 a

number of documents for you to bring as custodian of

31

Aiken Welch Court Reporters S. Steele 8-21-09sed

oOo ON ODO oO eF WwW NY

32

records.

A. Uh-huh. I understand.

Q. And are you the custodian of records for the
insulation -- Insulators’ union Local 16?

A. Yes.

QO. And are you the custodian of records for all of
the categories of documents requested?

A. All except for the journals from the
International.

Q. As part of your preparation for this deposition
did you contact the International to get old "Asbestos ,
Worker” journals from them?

A. No.

Q. Do you know whether they have copies of
"Asbestos Worker" journals going back to the beginning?

A. I would imagine they do.

QO. And what have you produced -- strike that.
So what did you do to look for documents
responsive to these categories?
A. I went through our office, filing cabinets,
anything that we had.
Q. And what else?
Do you have a document-retention policy?
A. Not at this time. We're working on one.

Seriously, we are.

Aiken Welch Court Reporters S. Steele 8-21-09a

oO Oo AN OD aA &B ON em

—

{Discussion off the record.}

(Defendants’' Exhibits El to Fill
Marked for Identification.)
BY MR. SINUNU:
Q. I'm going to show you documents which have been
marked as Bl through Ell, and do you recognize those?
A. Yes.
Q And you brought those with you today?
A. Yes.
Q And what are those?
A "Asbestos Worker" journals.

Q. And wuat are -- what is "The Asbestos Worker”
journal?

A. It's a journal sent out from our International
several times a year.

Bless you.

Q. And is the magazine published by the
International Association of Heat and Frost Insulators
and now Allied Workers' union?

A. Yes.

Q. And do you understand that to be the official
journal of the organization?

A. Yes.

Q. The International is the organization of which

Local 16 is a part, correct?

37

Aiken Welch Court Reporters S. Steele 8-21-09—

oO oOo fF NN DD oO FF BO KN

38
A. Yes.

Q. And that magazine has been published ever since
you entered the union, correct?

A. I think so.

Q. Well, speaking for Local 16, is it your
understanding that that magazine is sent out to each
and every member of the union?

A. That's my understanding.

QO. And is it sent out on or about the date that
the magazine is published?

A. I believe so.

Q. So if your Exhibit El has a date of August
1970, then it would be sent out to all of the members
of the union in August or by August or September 1970,
correct?

A. I would think so.

MR. DAVIS: Objection. Calls for speculation.
MR. SCLOMON: Lacks foundation.
BY MR. SINUNU:

Q. Well, again, you've received these magazines
yourself for a long time, haven't you?

A. Yes.

Q. And it comes out quarterly?

A. I would say several times. I'm not sure if

it's quarterly or several times a year.

—

Aiken Welch Court Reporters S. Steele 8-21-09ooclcwo DWN OOo Be UL

> om
~~

24
25

what he knew in his earliest years and find out if that
had changed, to his knowledge, beforehand.

MR. DAVIS: If you want to ask him about what
he knew during his earliest years, you are welcome to
do that. That's not what you've been asking.

MR. SINUNU: It's true, I don't really care
about 2009. I'm trying to do this as cleanly as
possible, despite what Mr. Solomon might think here.

MR. SOLOMON: Well, cleanly isn't the issue.
The only issue is are you asking him questions that are
contained in the Notice.

MR. SINUNU: Let's move along.

MR. DAVIS: Well, if we move along and just
ignore the limitations in the Notice we're really
creating problems.

MR. SINUNU: I'm going to a different subject.
I'm going to a different subject.

MR. DAVIS: Okay.

You want these documents?
| OM, SINUNU: To got a set of them. I'm going to
talk about some of the older "Asbestos Worker"
magazines.

BY MR. SINUNU:
Q. You had provided some -- a couple of magazines

with the green sheets in them. I'm going to show you

95

Aiken Welch Court Reporters S. Steele 8-21-09oOo @N Oo oF fk WO N =

he aeh
=

96

another magazine, which is the February 1969 -- those
are ~~ the magazines in front of you are in
chronological order, so if you want to --

MR. DAVIS: Let the record reflect the earliest
here is April of 1957, so you want the witness to go to
the 1963 or one of the 1969 articles?

MR. SINUNU: Yes.

MR. CULLOM: Just for the record, are these all
of the same ilk in terms of the journal?

MR. SINUNU: They are all “Asbestos Worker"
magazines.

THE WITNESS: You want us to go to which one?
BY MR. SINUNU:

Q. The February 1969.

MR. MALONE: That's an exhibit, correct?

MR. SINUNU: No. No. No.

MR. SOLOMON: These are different exhibits.

MR. SINUNU: Let's have that marked as Exhibit

(Defendants! Exhibit F marked for
Identification.)
BY MR. SINUNU:
Q. Now, you didn't produce this document, Mr.
Steele, but does this appear to have the same format of

the documents that "The Asbestos Worker" magazines that

Aiken Welch Court Reporters S. Steele 8-21-09oo On NN DO OH RF WD NY S|

>
=

97

you did produce?

MR. DAVIS: Objection. The document speaks for
itself.

THE WITNESS: It appears to be.

MR. DAVIS: You can ask the witness if he
recognizes it.
BY MR. SINUNU:

Q. Do you recognize the format of the document?

A. It appears to be the journal.

Q. And so if it has a date of 1969, February 1969,
then it would have been provided to all of the members
during that month or the month after, correct?

MR. DAVIS: That question is not based on the
witness’ personal knowledge. Calls for speculation.
BY MR. SINUNU:

Q. Do you have any reason to doubt that this is
what it appears to be?

A. No.

Q. And from looking at the table of contents just
inside the cover, does it appear to have the same
categories as “The Asbestos Worker" magazines that
you've produced?

A. Yes.

Q. I don't want to go through all this litany with

all these magazines if we don't have to,

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MR. DAVIS: Well, I can understand that you

want somebody to authenticate this document, but

obviously he can't do it. He's never seen it before.
MR. SINUNU: I don't know that he can't, but...
MR. DAVIS: You might ask him if he's ever seen

it before.

BY MR. SINUNU:

Q. This would have come out during the time -- no,
it would not have.

This was before you became a journeyman,
correct?

A. Before I became a journeyman, yes.

Q. Look at page 13, the magazine, it's just after
page 12, and those are some more green sheets?

A. Uh-huh.

Q. And those appear to be in the same format as
the green sheets in the magazines that you produced,
correct?

A. Yes.

Q. That's all I'm going to ask you about that.

MR. DAVIS: We're done with this.
BY MR. SINUNU:

Q. The next document I'd like you to look at is

October 1957.

Let's have that marked as Exhibit G.

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(Defendants'’ Exhibit G marked for
Identification.)
BY MR. SINUNU:

O. And does this have the same format as "The
Asbestos Worker" magazines that you've produced?

A. It appears to.

Q. And does this appear to you to be a true and
correct copy of an "Asbestos Worker” magazine?

MR. DAVIS: Objection. Lacks foundation.
Seeks speculation from the witness.

THE WITNESS: To the best of my knowledge.
BY MR. SINUNU:

Q. Do you have any reason to doubt its

authenticity?

MR. DAVIS: Objection. Irrelevant.

THE WITNESS: I don't know how to answer that
if I've never seen it before.
BY MR. SINUNU:

Q. And if the date on it is October 1957, would it
have been distributed to the members of the union on or
about October or November 1957?

MR. DAVIS: Objection. Calls for speculation.
The document speaks for itself to whatever extent it
speaks. You are asking this witness to speculate about

something he knows nothing about.

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MR. SINUNU: Well, he doesn't know nothing
about it.

BY MR. SINUNU:

0. This appears to have the format of all the
magazines you produced, correct?

A. Correct.

Q. I want you to turn to page -- page 1 of the
magazines where at the top says "19th Convention Sets
Record.”

A. Yes.

Q. And the paragraph that says "Health Hazards.”

Do you see that?

A. Yes.

QO. It begins, "Being well aware of the health
hazards in the asbestos industry, President Sickles
requested authority for the General Executive Board to
make a study of the health hazards."

Did I read that correctly?

MR. DAVIS: Objection. Counsel, the document
speaks for itself, and we don't even know that this
witness was reading in 1957.

MR. SINUNU: Again, he's the person most
qualified.

MR. DAVIS: He was seven years old. The

document is not within the documents that the local

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union had on hand. It's not one of the documents we
produced. We didn't find it in the records.

I'm not sure why you are engaging in this
exercise, but this witness has no knowledge of this
document .

MR. SINUNU: Well, he doesn't have no knowledge
of it because he's the person most qualified from the
union and he can describe the format of the document.

MR. DAVIS: Counsel, anybody with vision could
compare the format of this document to the formats of
other documents.

BY MR. SINUNU:

Q. Do you know who President Sickles was?

A. He was the general president of the
International Association.

®. And what was the General Executive Board, to
your knowledge?

A. That's made up of all the International vice
presidents.

@. How many were there then, to your knowledge?

A. I don't know.

MR. SINUNU: Mark the document, it's November
1961, it's black and white, but other than that, no
less authentic.

MR. SOLOMON: Well, move to strike counsel's

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comments.
(Defendants' Exhibit H marked for
Identification.)

BY MR. SINUNU:

Q. Looking at Exhibit H, does this appear to be
the same format as "The Asbestos Worker" magazines that
you've produced today?

MR. SOLOMON: Objection. Seeks speculation.
THE WITNESS: It appears to be.
BY MR. SINUNU:

Q. And it has the same categories in the magazine
as the magazines that you produced today?

A. It appears to be.

Q. Looking at the next-to-last page, and there's a
poster there --

A. Yes.

Q. -- do you see that document, and it says, “Is
your future with him or them? Wear your respirator."

I see that.

Have you ever seen that poster before today?
No.

Do you know who Webster Ay?

No.

Or C.V. Krieger (phonetic)?

» Oo pO > OP

No.

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Q. What was the union's -- did the union have a

policy regarding respirators when you first joined the

union?
A. No,
MR. MALONE: Mr. Sinunu, could we get the date
of that.

MR. SINUNU: It's November 1961.
MR. MALONE: Thank you.

MR. CLEARY: ‘61 or '51?

MR. SINUNU: ‘61.

BY MR. SINUNU:

Q. Next in order is -—- no, not the next in
order -- it's the February 1963, and you can take the
tabbed page off if it's -- it should be off, actually.

We'll have that marked.
(Defendants' Exhibit I marked for
Identification.)
BY MR. SINUNU:
Q. Does this appear to you to be an edition of
"The Asbestos Worker" magazine?
A. It appears to be.
Q@. And it dates February 1963?
A. Yes.
Q. And does this appear to have the same format as

"The Asbestos Worker" magazines that you produced

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today?

MR. SOLOMON: They are all under here.

THE WITNESS: Yes.

MR. DAVIS: I'il move to strike the answer and
object to the question because obviously the answer is
no.

MR. CULLOM: Could I have the answer read back,
please.

(Record read.)

MR. ARMSTONG: Counsel says it's no. You pick.

MR. SINUNU: There's a dispute there.

BY MR. SINUNU:
Q. Does it have the same categories and the
contents of the magazines that you produced have?

MR. DAVIS: I'til admonish the witness to make a
direct comparison if that’s the question and you want
an answer to it. I'm not going to have him answer
without making the comparison.

The question is to all of the magazines you
produced, each of them?

MR. SINUNU: Well, sure.

THE WITNESS: It appears to be.

BY MR. SINUNU:
Q. Okay. Thank you.

And if it came out in February 1963, then it

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would have gone to the members some time in February,
March 1963?

MR. SOLOMON: Objection. Lacks foundation.
Seeks speculation from the witness.

THE WITNESS: It's possible.

MR. SOLOMON: Move to strike as based on
speculation.

BY MR. SINUNU:

QO. I'd like you to look at page 25.

MR. DAVIS: Do you want to direct his attention
to anything in particular on page 25 or do you want him
to read the whole page?

BY MR. SINUNU:

Q. It's a three-page article entitled "Progress
Report on Health Hazards."

Do you see that?

A. I see that.

Q. And if you look right at the beginning of the
article, the second sentence begins, “Arranged by
President Carl Sickles," and that was, you understood
to be, the president of the International at that time?

A. Yes.

Q. And Vice President Hugh Mulligan, who is that?

MR. DAVIS: If you know.

THE WITNESS: I don't know.

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BY MR. SINUNU:

Q. George Rider?

A. I don't know.

®. And the Health Hazards Committee, what did you
understand -- do you have an understanding of what they
are referring to as the Health Hazards Committee?

A. No.

Q. Do you know Local 12 to be the local in New
York?
I believe it is.
And Local 32 is in Newark?

I believe it is.

op oF

When you first became a journeyman were you
aware of Dr. Selikoff's study of those two unions?

A. No.

Q. Was there a Health Hazards Committee in
existence as part of the International union when you
first joined the union?

A. I don't know.

Q. Would you look at February 1964.

MR. SINUNU: I'll have that marked as...
(Defendants' Exhibit J marked for
Identification.)

BY MR. SINUNU:

Q. We have February 1964 magazine marked as

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107
Exhibit J, and does this appear to be "The Asbestos

Worker" magazine from February 1964?

MR. SOLOMON: Again, the witness is being
invited to speculate.

THE WITNESS: It appears to be.
BY MR. SINUNU:

Q. And the contents of the magazine are similar to
the contents of the magazines that you've produced,
correct?

A. Yes.

Q. And look at page 2 of the magazine, and it
describes another Health Hazards program being set up
by the Edmonton, Canada local.

Do you see that?

A. Yes.

Q. Did you have any awareness of that program when
you joined the union?

A. No.

Q. But you knew who Dr. Selikoff was?

A. I heard of him.

MR. SINUNU: November of 1964 is the next
magazine, and we'll have that marked.

(Defendants' Exhibit K marked for

Identification.)

BY MR. SINUNU:

Aiken Welch Court Reporters S. Steele 8-21-09108
Q. And does this appear to be -- to you to be "The

Asbestos Worker" magazine distributed by the
International on or about that time?

MR. SOLOMON: Objection. The question lacks
foundation, seeks speculation from the witness.

THE WITNESS: It appears to be.
BY MR. SINUNU:

Q. And looking at page 5 of that magazine, there
is a five-page article, appears to be a reprint from an
article by Dr. Selikoff entitled "Asbestos Exposure and
Neoplasia.”

You see that?

MR. DAVIS: The document speaks for itself,
Counsel.
BY MR. SINUNU:

QO. Do you see that?

A. I do.

Q. Did you ever see this article when you first
joined the union?

A. No, because I joined the union in '68.

Q. Or a reprint of the article?

A. No.

Q. Or any discussion of asbestos exposure and
cancer when you first joined the union?

A. No.

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MR. SINUNU: Let's look at May 1967, have that

marked.
{Defendants' Exhibit L marked for
Tdentification.)

BY MR. SINUNU:

Q@. I am showing you a document marked as Exhibit
L, and does this appear to be "The Asbestos Worker”
magazine from May 1967?

MR. SOLOMON: Objection. Lacks foundation.
Seeks speculation from the witness.
MR. DAVIS: The document speaks for itself.
THE WITNESS: It appears to be.
BY MR. SINUNU:

©. And look at ~~ well, it's the page after page
19. It's not marked. The page is entitled "Further
Notes on Health Hazards," and do you see that page
contains a letter and questionnaire, do you see that?

A. Yes.

Q. It says, "The following letter and
questionnaire have been forwarded to cur entire local
union membership."

Do you know what that means?
MR. DAVIS: Objection. The document speaks for
itself.

BY MR. SINUNU:

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L
L
L
L
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SRBBRBGESEASBARSERK A

Do you know what that means?

A. I would think just what it says.

Is that everybody in the union?

MR. DAVIS: Objection. The document speaks for
itself, and he can't interpret it or add to it or give
you what you want there, Counsel.

MR. SOLOMON: My objection is the question
lacks foundation, seeks speculation from the witness.

BY MR. SINUONU:

Q. Did you ever see a questionnaire like this when
you first joined the union?

A. No.

Q. The last paragraph on that page says, on the
same page, "There will be a full listing of all
approved masks and a discussion of their use and
maintenance."

When you first joined the union do you remember
any discussion of approved masks and a discussion of
their use and maintenance?

A. No.

Q. I'm going to go back to earlier magazines, I
have some other questions, to the April '57. I think
that's the very first magazine.

(Discussion off the record.)

MR. CULLOM: When you said "I'm going back" I

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thought you had already marked it.

MR. SINUNU: No, no, I had not marked it.

MS. LUBINSKI: Counsel, this is Lubinski on the
phone. What was the date for the last one we were just
discussing?

MR. SOLOMON: Exhibit L, May 1967.

MS. LUBINSKI: Thank you.

(Defendants' Exhibit M marked for

Identification.)

BY MR. SINUNU:

Q. Now, we're going back to April 1957, and I know
the cover page is a little bit rough, but does this
appear to be a true and correct copy of an “Asbestos
Worker" magazine from that date?

MR. SOLOMON: Objection. Lacks foundation.
Seeks him to speculate.

THE WITNESS: It appears to be.

BY MR. SINUNU:

Q. And I want you to look -- let's see -- on page
21.

Well, let's do this first, let's turn back to
page 19 where it says "Western States."

A. Yes.

Q. And do these appear to be minutes from the

Western States Conference that was held -- well, a

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couple months before?

MR. SOLOMON: Objection. The question lacks
foundation, seeks speculation from the witness.

MR. DAVIS: The document speaks for itself.

THE WITNESS: What was the question again?
BY MR. SINUNU:

Q. Do these appear to be the minutes from the
Western States Conference that had been held a couple
of months before this edition came out?

A. They appear to be.

Q. And you saw in the magazines that you produced
minutes from the various regional conferences, did you
not?

A. Yes.

Q. And so this -- this reproducing the minutes
from the Western States is in the same manner as in the
documents, "The Asbestos Worker" magazines that you
produced, correct?

MR. DAVIS: Counsel, you really are leading the
witness.

MR. SINUNU: Well, you don't want him ~- you
are not stipulating to foundation.

MR. DAVIS: Counsel, you have the story you
want to tell, but you need to have a witness who has

some knowledge of that story if you want -- and

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establish the proper foundation for leading questions
Lf that's what you want to do.

MR. CULLOM: Given the fact that this witness
is a PMK, a hypothetical can be asked of this witness,
and we are laying a foundation for those hypotheticals.

MR. SOLOMON: Alli you are doing is sitting
there, Freeman.

MR. CULLOM: Weli, sitting is part of going to
a deposition. If you want I will stand, but T don't
see anything gained by that.

MR. SOLOMON: But you are not establishing any
foundation for anything.

MR. SINUNU: We have somewhat limited time.

MR. DAVIS: -~- legal authority for asking
hypotheticals of a PMK witness.

MR. CULLOM: So would I.

BY MR. SINUNU:
Q. Looking at page 13 -- how we doing here?

Looking at page 19, it describes the attendees
at that Western States Conference, and do you find the
attendees from Local 16?

A. Yes.
Q. Okay. One is E.L. Morse. Who was he?

MR. DAVIS: Objection. Foundation.

And the document speaks for itself. You are

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asking the witness questions as to which he has no
knowledge.

MR. SINUNU: He'll have some knowledge.
BY MR. SINUNU:

QO. Or Holmes?

MR. DAVIS: That's your assertion, but you need
to ask foundational questions, first.
BY MR. SINUNU:

OQ. Or Holmes, you know who that is?

A. I would assume that's Richard Holmes.

Q. And he was one of the teachers at your
apprentice school, correct?

A. That's correct.

Q. And so he was an attendee at this Western
States Conference, at least as reported in this
magazine, on February 9, 1957, correct?

A. I would assume that's correct.

QO. And then --

MR. SOLOMON: Move to strike as based on
speculation by the witness.
Excuse me. Don't interrupt me, please.
Lack of foundation.
Now you may proceed, sir.
BY MR. SINUNU:

Q. And it also mentions an A, Klimack?

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A. Yes.
Q. And who is that?
MR. SOLOMON: Objection. Lacks foundation.
Seeks speculation from the witness.
THE WITNESS: I would assume that's Art
Klimack.
BY MR. STNUNO:
Q. Art Klimack?
MR. SOLOMON: Move to strike as based on
speculation by the witness.
BY MR. SINUNU:
Q. And Art Klimack was also a teacher at your
apprentice school, was he not?
A. Yes.
Qo Okay. And who is J.W. Kelly?
A. I don't know.
Q Do you know F. Seidler?
A No.
Q. When you joined the union did Art Klimack have
a position with the union?
A. Pardon me?
Q. Did he have a position like Executive Board or
an officer?
A. Not that I know of.

Q. To your knowledge, had he had positions before

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that time?

A. I'm going to say my last answer is I don't
know, and I don't know your last question either. I
don't know. Long time ago.

Q. I understand.

And how about Mr. Holmes, had he had positions
in the union when you joined or before?

A. TI don't know.

Q. At any vate, it appears that they were
delegates to this Western States Conference.

MR. SOLOMON: Objection. The question is
inviting the witness to speculation, lacks foundation
of personal knowledge.

MR. DAVIS: You are asking the witness a
question of which he has no knowledge whatsoever, and
I'll admonish him not to speculation.

MR. ARMSTRONG: I'd just like to be fair on the
record. You are saying that Local 16 has no knowledge
of the Local 16 representatives in these meetings or
are you saying this individual human being does not
have any personal memory about that?

MR. DAVIS: I will tell you that Local 16 has
searched its records and produced what it has, and if
your industry has killed off the people who has

knowledge, then that's a consequence that your industry

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just has to live with, Counsel.

{Discussion off the record.)

MR. SINUNU: Put unanimous joinder.

MR. SOLOMON: It's not unanimous.

MR. SINUNU: Except for Mr. Solomon who
disagrees.
BY MR. SINUNU:

Q. Look at the bottom -- we're looking at page 21,
the bottom of the middle column, the last paragraph, it
says, "The problems of asbestosis and silicosis were
discussed at large stemming from the report of Local 16
in which it was revealed that 11 members passed away
this last year."

Do you see that?

A. Yes, I do.

MR. DAVIS: Where are we?
BY MR. SINUNU:

Q. When you first joined the union were you made
aware that 11 people had passed away from asbestosis or
silicosis back in the late '50s?

A. Not that I can remember.

9. And then it says, "A large number of the men
have definite symptoms of the aforementioned hazards of
our trade."

Do you see that?

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A. Yes.

Q. When you first joined the union were you made
aware of the people in your union who had lung
conditions?

A. Bless you.

MS. WELLS: Thank you.

MR. SOLOMON: Objection. Vague.

THE WITNESS: I don't believe so.

BY MR. SINUNU:

Q. And again, this references President Sickles
speaking, and as far as you understand he was the
president of the International at that time?

A. Yes.

Q. And it says, "President Sickles stated further
that the regulation requiring the companies to furnish
safety equipment still holds."

When you first joined the union did you know of
any regulations requiring the companies to furnish
safety equipment?

MR. SOLOMON: Move to strike everything before
"when" as being testimony of counsel.

THE WITNESS: No.

BY MR. SINUNU:
Q. Let's look at the May 1959 “Asbestos Worker”

magazine which I'll have marked next in order.

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119
(Defendants' Exhibit N marked for

Identification.)

MR. SOLOMON: May 1959, Exhibit N, as in
nimble.

BY MR. SINUNU:
QO. Does looking at Exhibit N, does this appear to
be "The Asbestos Worker" magazine from May 1959?

MR. SOLOMON: Objection. The question lacks
foundation, personal knowledge, seeks speculation from
the witness.

THE WITNESS: It appears to be.

MR. SOLOMON: Move to strike, based on
speculation by the witness.

BY MR. SINUNU:
Q. There are minutes from the Western States
Conference beginning on page 20.
Do you see that?
A. Yes.
Q. And those appear from the Western States
Conference that was held on February 7, 1959.

Now, looking at the next page, the first
paragraph describes attendees from Local 16.

Do you recognize the name Edward Pfleghaar,
P-F-L-E-G-H-A-A-R?

A. No.

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MR. SOLOMON: Move to strike everything before
“do you recognize the name" as being testimony of
counsel.
BY MR. SINUNU:

QO. And R. Holmes, again, does that appear to be

the name of the person who was your teacher?

MR. DAVIS: Objection. Calls for speculation.
There are no doubt many R. Holmes in this world.

MR. SOLOMON: Lacks foundation of personal
knowledge.

MR. DAVIS: Counsel, I can understand that you
are --

MR. SINUNU: What are the chances it could be a
different one?

MR. DAVIS: What are the chances? Could be
pretty good.

No guessing.

MR. SINUNU: And A. Klimack, how many A.
Klimacks are there?

MR. DAVIS: I can't tell you. Don't know, but
T'm not testifying.
BY MR. SINUNU:

Q. A. Klimack is again the person who -- at least

the name of the person who taught you at your

apprentice school?

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121
A. Yes.

Q@. And looking at the middle column, "Business
Agent J.W. Kelly and delegates from Local 16 reported
361 members."

Does that -- does that seem like that was the
number of members on or about that date?

MR. SOLOMON: Objection. The question entirely
lacks foundation of personal knowledge, seeks
speculation from the witne