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  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
						
                                

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} eo on Ono fF HN NN Ye Be Be Be Be ee Be ee ve 6¢ © ® YOu kt wowNH HE CO 23 Mark S. Kannett (SBN 104572) Mkannett@bkscal.com Paul S. Lecky (SBN 154480) lecky@bkscal.com BECHERER KANNETT & SCHWEITZER The Water Tower @ 1255 Powell Street Emeryville, CA 94608 Telephone: (510) 658-3600 Facsimile: (510) 658-1151 Attorneys for Defendant JOHNSON CONTROLS, INC. ELECTRONICALLY FILED Superior Court of California, County of San Francisco FEB 22 2013 Clerk of the Court BY: ALISON AGBAY Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO ROBERT ROSS and JEAN ROSS Plaintiffs, vs. C.C. MOORE & CO. ENGINEERS; Defendants as Reflected on Exhibit 1 attached to the Summary Complaint herein; and DOES 1-8500. Defendants. CASE NO. CGC-10-275731 EXHIBIT G (PART 2 of 3) TO THE DECLARATION OF PAUL S. LECKY IN SUPPORT OF DEFENDANT JOHNSON CONTROLS, INC.’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION Date: May 9, 2013 Time: 9:30 a.m. Dept: 503 Judge: Hon. Terri L. Jackson Complaint Filed: Trial Date: December 17, 2010 June 10, 2013 EXHIBIT G (PART 2 of 3) TO THE DECLARATION OF PAUL S. LECKY IN SUPPORT OF DEFENDANT JOHNSON CONTROLS, INC.'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARYEXHIBIT G (Part 2 of 3) TO THE DECLARATION OF PAUL S. LECKY IN SUPPORT OF DEFENDANT JOHNSON CONTROLS, INC.’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION” “APRIy 1986 . loThe regulas mes of idle Ailgntie Sites Cosi spake : pfogpess being. made in thi case dag: diso advised oa the dook jxith Fésgeer to" any’ fatePowst Plant has bees! star d. dose] menpows: with works elso avaiiatie power house: jot al inanpower will - be faq; A aew research cepier 3 Hated for the future. Delegate + ewe Lament of Local No. 98 reported good co: aj OF work alec the fun Spameie, I Kore, Saeretary, * Gf. work will comprisé: ¥ + shone. He alse rept that’ ako ‘eased that copes oF the” cements of Canadian Locals be “ git to the Secretary of the Cos- terance for exchange: . ~ APRIL, i96e . . . - a . st vne first Toren. ‘Also reported thar 2 Western Canadian Conference was set and - Lascais ” Catalytic Comsttuction Ce. wients -p, . 6 ign an’ agreemmeft for the Prov- beg’ lot , maintenance fe dd thpressed wich nipe; Ty wap a grent day 3 }| The velezages weet gx Georgt Maynarda goog aad « » better’ in - the “neat “This. “greegien ts goad frown, Marc ‘will need Move: Travelers. a Jay 3h, * opi : i the 2 “e"7 Buildingvatem is te be whereby all Cortesence FaeE Ze hate far por ies sealers i ‘There bald ne abi will be the, goes to our. host the: Genel fee THE ASERSTOS WORKERnpg “ts: fhe fmea, strtsding the Sercr of this ahd thal quld 3 every protantion ! Gealing ~ : > vac: “iefeics Secretary will have ‘cards . s lawsuit. torsithat they would like t negolate printed which will request she aboye Conteréara President How- ABRIL, ‘195i sO . ood . - 2fogad the + a good time ‘wag of Brother ner Bai snexpivéd term af inghs; : oeat s36re.- hé Canfetsoge and the jag cal secqivened att ST ie be Ee end stiowif id’ Jouna’s will “Robert Mi Laced Beud, i cax South, 9 ‘Mo. 79, Dayien, ames Wilks and Chester 3, SC, Chaplestor, eciaddacs Sonl obs : are ‘pecugiar ig) focal Fx see oa a ides iehles wiser the meting, . cnet “confenence seating Hints Lowal Ne F_ Rabert 15 yy, Local Wo.Delegate Fuate, 1 members: E ta yote:aed Eoeal ify, “ira Fase Cibhoas; Local Ro, 74," Seo, Maine, igen, C0. A nee Na, 34, repitied vi See mie re a oe vais Fea Fuad and bee hour Weitare #5 aoe O, Benign of Lal 4 4D Mechanics, ‘5 Cards. Wage are 3 x 28 aa 97 $7.00 per day room May 4, 1558, Bood and out se the International R; X iealet 25 6: mets wor Cards, Gi sagust 4, 1057 fo July, ai, ee wages $3.25 wits 106 Wilfare Fuga, . WOE Vacation Fend, 37.00. a deyna RE Lag NERO Be Soo Washington 6, D.C._ ARBaRewU, Ee tree Mo. 1~ST. LOGE s, HO. Mieets Skt are 7 dae oe cee ae fi. _ a ody genio Bee : i | i i i | i isegs ae ‘ . uo. ELGREENSBOEOS RB, G— Magers tut Sak Bibs be « Labar ida. Gorey 120% otra Sa‘Ro, i sea on xe, SEs, ina enn . ie, He Gaba, Dest Bs 4 sports, ax. Fa oe? Wine at B, Grown, Tie Sucrttarr Gee RE" Greater’ wists ‘Sh Syown, Bina Bitte bts. i i t iwo wom NY A Uw PF WYN = 15 16 William O, Martin, Jr. (Bar No. 135399) Robert D, Tobey (Bar No. 224652) Stephen J. Squillario (Bar No. 257781) HAIGHT BROWN & BONESTEEL LLP 71 Stevenson Strect, 20th Floor San Francisco, California 94105-2981 Telephone; 415.546.7500 Facsimile; 415.546.7505 Attorneys for Defendant ROBERTSHAW CONTROLS. COMPANY SUPERIOR COURT OF THE STATE OF CALIF 'ORNIA. FOR THE CITY AND COUNTY OF SAN FRANCISCO UNLIMITED CIVIL JURISDICTION EUGENE MILLARD, } Case No. CGC-09-275091 Plaintiff, ) EXHIBIT 4 TO DECLARATION OF ) HOWARD B. SPIELMAN (EXHIBIT G ) TOQODECLARATION OF STEPHEN J. vs. ) SQUILLARIO IN SUPPORT OF ) DEFENDANT ROBERTSHAW ) CONTROLS COMPANY’S MOTION ) FOR SUMMARY JUDGMENT OR, | ASBESTOS DEFENDANTS (BP), ) ALTERNATIVELY, SUMMARY } ADJUDICATION) Defendants. J ) Date: April 5, 2012 ) Time: 9:30 a.m. } Judge: Honorable Teri L. Jackson } Dept: 503 ) Trial Date: May 7,2012 . Complaint Filed: February 26, 2009 ) ) 1 ‘EXHIBIT 4 TO DECLARATION OF HOWARD B. SPEILMAN (EXHIBIT GTO DECLARATION OF STEPHEN J. SQUILLARIO 1/S/O MOTION FOR SUMMARY JUDGMENT)= THE INTCRMATE BRGST INS OSHERS| | | From the — General P; CONSTRUCTION INDUSTRY JOINT CONFERENCE There is established the Censtruc- Indes int Conference fesentative of the naiicnal fsbor uaions and the dations! cortracwor erganizetions in the building and construction industry. The objective of the Construction Lndustry Toint Conference is ta pro- mote the welfare of the building and construction industry in the public interest. Tt is designed to preserve and to promote the coatract sys- tem. It seeks improved periorm- ance and productivity by contractors and by workers. ‘The Conference provides 2 con- dnuing forum in which Wzboramaa~ agement and industry problems {not the subject of existag machia- ery) can be regularly disenssed and every effort made to reach cpasiruc- tive and equitable solutions: It is contemplate! that mutually agreed npon methods should be devised te wore uninterrupted continuity of work on all projects and contracts. Any new machinery shall not af fect the continued cperation of the National Joint Board far the Settle- ment, of Jurisdictional Disputes in che building and construction in- dustry or any other existing ma- chinecy jointly established by the sational unions and national con- acter organizarions. ‘tre Construction Industry Joist Conference will consider, among others, the following types of sud- jecss ox problems: {2} Provide for the need to pre sent more effectively to priveie owu- ers and government procurement agencies the advaniages af the con- tract system. {b) Consider the special prob- tems ‘and practices of partinlar Jo- calies where the pooled attention aad essistance of national orgaviza- tions af contractors and national uninas mry be used to improve con- ditions, {c) The need for a continuing and syslenmtic study of a wide range of problems which confront the building and construction indws- try, in the promotion of the coutract system. The Construction Tudusiry Joint Conference will promote and en- courage (he establishment of cor tespunding local joint conferences in local communities and metropol! tan areas, but such Incai joint con- ferences shall not be in comfbiet with existing recognized local mechinery. The Constructor Industry Joist Conference shall be comprised of General Presidents (or their vepze- sentatives) of national asians and cepreseritatives of participating na- wonzl contractors: sssoctacions. The Construction Industry Join. Conference ig to function through periedé: meetings and ongh ine quent meetings of a Joist Adminis- trative ¢ ittee assigned to ad- minizter polinies established by the Conference, to gather facts, and to make reports as assigned. The Joint Administrative Committee shail be comprised of 20 equal munber of representatives of national unions and representatives of participaing nal cortraciors’ associations, the redresentatives of the nationel contractors’ associations shell be drawn from general con- tractors’ associations and ‘one-half the work of the Coromitwe ant its subcommirtees. The Conference is empowersd to determine, to aa- nome: anid io implement its pro~ sedures consistent with and not in cenfict with apy other provisions i this plan. The cost uf the Construction Ia dustry Joi ranced one-half by the eonstitxent national unions and ome-half dy ne- tional courracters’ assnciasions. sho T. Desi ‘cemer Chairroan of the Natio: Naputes for mazy years Will be the Casinman of this newly created (1s cence. Tuniop haa for many years past and i er General President hes been appointed 23 2 menaber ¢ the Const i odusiry Joint Copfecemve. SPECIAL NOTICE Teint Board for curently a Profeasor of Been Conference shail be a-'ess acd pro- Park Hutel aad attend the opening nus} Legisiecive Conference of the Building and Construction Trades Departmen : with 51 sits Workers representing 33 of our afiliated focal: 5 Following the tanchten recess of dhe Lagi Conference cur General Execut at ihe General Office at 2 P, M. General Counsel Carlton R. Sickles then appeared before the Board and reviewed the legal probiems which have confrouted onr international and many of our locals since our last session. He pointed out the cases which Inve teen disposed of through one medium or another and those stl! pending. He then submitid suggestions as to the changes which should be made in our Imernational Coustitution and Ry-Laws in con- formity with Articie K, Section 7, as a resutt af recent decisiows of the National Labor Reiations Board and the Courts as follows : . (1) Article X121, Section 8 is amended by deleting the clause “scr work with the tools” so that the amended section shall provide ss iollows- Section & Suspended members shall not a:iend Local meetings. Suspended members. seeking rein« statement shall meet aM Local Union requirements and, in addition, shall pay a reinstatement fee cf Twenty-Five Dollars ($25.00), which fee shall be payable to the Genezal Office. (2) Article XVI, Section 5 is amended by de- ieting the words ‘chal be recognized by Local Univas in any and all instances where they fail tn mupply a labor demand through their re; membership and” $0 that the amended section provide as follows - Section 5. Traveling Cards shall be subject ty all jaws of Local Union autonomy, Article XVII, Section 4 is amended by deizt. ag the words “and ‘shail not withm I Union Jarisdietion or trade sereement radivs after complying with same,” starting on line 5 ar 8, aad the words “and shall not work within Locil Unier jurisdiction or trade radius until after complying wich same,” starting on me 14 and ending on t the section shal! cdeae f : isiative ive Board recoovened Local Unions steli ewercise local en it dues not confics a i Zhu Fore on any one oneration of any one ey hiss the jurisdiction of ancther Lucal enless there is a shortage of labor. in that jurisdiction, Shch members must conform to the worlgeg rules of the Local U; work wage rate, board allowance and fringe beneiits highest in either of the two locals ang ‘shall pay dares and assessrrnts io their home Locals. An “operation” ag herein defined means all contracts 09 or withia the premises of Buildings, Mi Mills, Factories, Shipyards, «tc. (7) Acicle XI, Section 16 is deleted, (8) Article XX, Section 17 is deleted, {9} Article XX, Section 12 is renumbere? Sec- tion 16. (10) Article XXI, Section 19 is renumbered Sex- ton 17, the Gest pare 80 that the amended paragraph shall provide as follows - ‘The object cf the internation} Association of leat and Frost Lasulstors and Asbestos Workers shali be to assist, by all legal and honorable means, its membership ih Secuzing employment, to defend their rights and advence thelr interests as working men aod by educetion aid cooperation raise them Sy to whiel they are j is further smeaged by insert aph, the icllowing clause Sections, clausmuer nay attach sane § 'p book. General Counsel Sickles strres that variows agree- wenis, signed ar under onsideration by Tocal unions fave been submitted is hint by the International for ndy and comment. A great majority of these subeis ons have ignored or ‘igbely touched apon ob ve standards for job rete ing hall pi pre- ions. The Mountain Pacific vase, coupled witk ca ments by Nati Labor Relations Board Generai Counsel, str indicate thet certain nondiscrimi- natory objective standards for job referral oust be iueluded in aty agreement providiex for Union Job referral program in order to be legai. Following the report of the General Counsel the Board then wert into executive session and President Sickles advised that 2 committee meeting heiween the Sheer Metal Workers representotives and our Inter~ national vepresestatives hed Teen arranged for this week, but had to be calied off due to the illness of Presi- dent Byron but thar as vou as he was again at work arrangements would be made to have this commirtec meet im accordmee with understanding inearpcrated in cur Agreement of May £5, 1957 covering duct insulatimn Between the Sheet Metal Workers and o-r- selves in order 10 devise ways and means to bring about better enfarcements of the letter and spirit of the agzee- ment of May 15, 1957, Brothers Paul Springle and Terence McConnell of Lowal No. 32, Newark, N. J. and Brotiar Stephen ‘ ctoa, N. J., appeared before territonal boundaries jocals, which resulted in plans ost the finaj details oi the is of Local Ne. 32 since the date local wag placed under his supervision and every im pints to a reasonable improvement within 2 this supervision cwent inte effect MAY, 1559 ‘Seteenasionc! ported om a pi is Local Neo. 7, Seattle, Washington and Local No, $0, Tasoma, ‘Washingson ni lavolved the Board uss favorabiy anipressed with the suggested merger of these two locals and referred the gubject macter ty President Sickies Jor furthé and appropriste action This yeport ptos 3 check of the records cf L No. 7 brought forth fact that Local No, 7 had isilj to comply wit agreement entered info betw: ployer and the General Pri h the th an the focal anc their em- ent was instructed proceed with and see that the fetter and spirit previous agreement was complied with either directly ‘ar through delegsted representatives, Business Agent Refily of Local Nu, 3, Cleveland, Ohio appeared before the Board in connection with complaint fo: the jiteeland Ohio Contractors Asso- ciation. This c will be sesolved by Business Agent Reilly on tum to Cleveland in accordance with our International iaws and the employers so netified. Generai President Sickles reported in detail in comecdon with about % dozen contract maintenance agreements currently in effect with various national employers doing the mainlenates work for all butiding trades crafts ima given plant which work these eni- bloyere fave on a yeaily contract basis, The Board that the sare privilege would be granted any a nes borafide insulating contactors secure ahi of the mainrenance wark in a. tenance basis at a parti rious tueais regardiog the gi i son wk = Metst “Trailera u ) with regard to the Heal ised at il effects experienced by alter being exposed to a smaie: MF tured by the dePont Compa; ‘The subject matter was referred to the Co: a fer with Gene: dion‘as to advisability of continuing to use thie particular materi Business Ageut Merle Hauprichi, 1 Ne. 45, Toledo.. Qhio end Business Agenr William Wood, Local No. 47. Grand Rapids, Michigan, appeared before the Hoard ia connection with territorial jurisdiction. The Board after due consideration voted that there be no charge in the previor: ion, . The Board gave from the Local Ne ers to augment the mem- ard ceterinined that the Local should be ineressed by at least 12 Mechanics and 3 Improvers. Business Agent Charlie HK. Meredith, President Willard Swindle, Tony Lopee and Henry Lorg, Local No. 67, Tampa, Florida appeared before the Board in connection with focal unio: pipblems of aditinistration and were, after hearing and due consideration, given proper advice end iristraction which induded member- ship issuance to 4+ Mechanics and 10 I:uprevers. Business Ageut Gerald O'Brien, Local No. 53, New Grieans, Louisiana wes in Waskingion and appeared before the Board jn connection with problems confrom- ing hig iocat anion, He was properly advised as ic future, procedure. Business Agent Robert Seo, Local No. 18, Indian- is, Tndigna appeared before the Roan and gave testimony in re somal: received from Travelers in the Local No. 18 tecrttory. Bus eed that he would take care sf this sitvaticn andaries with speesfic State of Massachusetts 2 to that portion Mit the Juri ir PzasoRe tion with ‘several trade problems a ppcared hel. Board in connertion with a versy hh company and ike local esi Tae decision was that Brother Napoleon DeCosse, whose wite ewns the majority of the stock in this company, raust tke out a Withdrawat Card, Business Ageat Wilks of Local No, $0, Charleston West Virginia, appeared befare = Bourd iy vonaec- existing in his tersi- tory. He was properly advised as to future procedure, A special open session of the General Executive Board was held with a of our focal union representa tives in the city attending the Fiith Aanual Legivarive Conference of the Building and Construction ‘Trodes Department invited to utlend and discuss current wade problems. This meeting was wei! attended with all Present except those whe were occupled et the Capinl conferring with eilher their congressmen or senators: together with their other staie delegates. Our general craft problems were theroughiy current agreement is Delegate Prescott Jenizel, Local Na, 31, reports present work good with future prospects very gaod. A new power plant, plus a refinery, should keep the membership fc: amployed jor the next dightee: months. Delegate Lestie johason, Local No. 33, reports present and future work prospects slow. Thirty mera hers are naenployed. Delegate Robert McCaffrey, Lace? Neo. 10, reporcs present wark siow. iuture siow, The prospects of a 35 hour week are being discussed. Delegate Henry Koziol, Lots! So. 45, reports work very slow with ure prospects fair. There are no jobs of any great size except the new aconde plant and this will nor be ready for insvlation + , 1959. Oaly 37 mer employed in the Twenzy art Out on ‘Travelers. Delegate Charles feat, Local Ne. ML, ers current werk load fair Ai seorge H Morth, Loca! ris work slow ar nrea-“S of the GeneraS Execatize Board A general discussion fexeuce revert to its origing! sched- ule of meetings. This motion was rescinded us 3 was agreed that the aext meeting would he held in New York Cry, on the second Sacurday ane, 1959, and the snbject ef dates un ‘be further discussed at that time. Ail dusiness being completed, the meeting adjourned at 12:45 Respectfully sxbmi Herpert G ANDENSCN Secretary Riddle Atinntic States York, Pa. March 23, 1959 The regular quarterly oteating of the Middle Atlantic States Confer ence of Asbestos Workers was held sa the shove date ai the Yorkiowne Hotel, York, Pa end wns called to erder by President Andrew T. Hoes at 10:30 a.m. with the lollowing felegates responding 1@ roll sail: Local No, 2, Pittsburgh. Pa, Wil- ark} J. Mansfield aad ‘Fred E, Rust. e. Mi, Joseph P, Zinser Hi : Local Re. 74, Pa, Andrew T. Haas ic. 32. Newark, Springle and Terene J. Me 2 8. W Hertzler, Pex ay § et, Thomas Jordan, Atired © Ting, Chifton Bellary of Lora? No. 68 and T. &. Bridges of Lon! No. 7k. Credentials for delegates Cerct Grandy snd Thomas Jones of Loc! Ne, 65, York, Pa, there read and, being In order, accepted and the deiegates seated, coented 28 publis’ gbruary issue of the “Asbestos Worker.” A conmunicaiion was read rela- tive to a petition for Charter ism aace in central Pennsylvania and wor referred to 2 jocals whose territory may be involved. Dekgate Mansficid of Locui Ne. 2 reported a membership of 160 Mechanics and 40 Improvers. 35 Travelers at present working in the territory. Work load at present fair. Future prospects fair. Weather con- ditions during the months have heen a factor in retarding work schedules but with the advent of Spring severe! jobs wilf start in next thres monti . Delegete Zinser of Loca! No, 11 reported a muembership of 179 Ms- shanics and Travelers work ent work inad nests geod. We: & way. Delegate Springie of Locei Ne 32 reported a mtembersh Mechanics and 78 Ta: ent werk icad fab pects good. Future pros Adverse weather ha heen a factor ie omempleym during the past quarter Sut the coming of spring emphy ment 3s expected end should b good for the balance of the year. Delegate Dougherty of Locai No 38 reported a mentbership of 2! Mechanics and 12 Improvers. Pres sent werk load slow with 52 mer ont. Future praspects good, de pending on 2 hrack in the weather with power plmt and chentieal ex. pension and additions fo Eh College and the Home for Aged He also reported that th: ‘Wyoming County Buiidi Construction Trades Counrit strongly advoccting a 7 hoar day ail forthcoming agreements. Delegate Werdeli of Local ta. 42 repocted 2 membership of 6S Me thanies and 16 Improvers, Prasent conditions slow with future gutlook prospects azz gue eral large sobs to saga small type werk, f Local No. 72 reported a uembership of 32 Me THE ASBESTOS WORKERthet alt delegures rise and ail howd heads observe a moment oF Stace to the memory of Delegate Leon . McElhaney who will foxg be remenibered as a crue iriend and Sacere advocate of the Tabor imove- ment. Delegate Dailey of Local No. 85 reported a membership of 15 Me- cbanies and § Improvers, Present work lead is good and prospects for the next tliree months are also good. Motel work is carrying the present bulk of work in order that they may be completed (or the seasonal open- ing. Reconversion work at Pomona Air Base, bospital addition, schools and 4 variety of smal! weric s also gomg on af present. He alsa sx- tended an invitation to the delegetes te hold the next meeting in Atlantic City, at which time Local No. 85 will tender 9 testimonial Dinner and Dance ta Business Agent Willian Hornburger. Delegate Parker of Locat No. 88 reported a membership of 73 Me- chanics and 19 Improvers, Present work foad is good. The expansion program at Allied Chemical is car~ tyiag the buik et present, with schools and aew office buildings the balance. The future ontloole is Fah Delegate Kopp of Local No. 8 sorted a membershio of 31 Me- ies and 5 Truprovers, Present is air due tp che adverse weather tions effecting the related crafts ing our work. Fa icar weeks condi Delegate Bearer af Lo 100 reported a member MAY, 1759 ber ded. Following the Tepes a rernd table dJiscassion on crest problems was held, induding a dis- sussion on Inbor legisietion aad harassing actions on the part of the NLRB with respect co citiag onr unians on the iocal level. It was the vomsensus of opinion that our na~ ional tegis\ators should be continu- letrers, tele- grams, etc. to support ediat bilis va their respective sessions fo al leviate this coadition. With ali business transacted the delegates veted unanimously tc ac- cept the invitation of Local No. 85, Atlante City, N. J, te bold the next meeting there on June §, 1959, at the Hotel Morton, Virginia Ave. Following adjazrement the dele- g3tes were guests af a buffet lumch- eon provided by host Local Na. 45 and later in the everring were quests at the Dinner and Dance, honoring the Fifteen Year membership whe provided by “Rhythans by G conducted by Rey Githons. A ii Teas, Charles F, Whire: Local 92, Colambiz, S.C, Toha B. Gat- fin and W HL Cannon: Local Ni 96, Savannah, Ga. W. EL Revi und Lee M. Collins: Local Greenvite, C. R.L. jot Tr sitendance represeniiug the General Office, were General Presi- thent CW. Sickies and Tnterna- tonal Assistant A. L. Hullinghorst Also fa attend were the foliawmg: CH. Wallece and Sparky Carver of Local No. 48 and Business Agent Julius B. Potts, St. from Chatta- nonga, Tenn., Local No. 125. Nalter EB. Heape of Local No. 13 reported work geod with all members and 18 Travelers veady vat! Fail. i. Hotiman a7 Laca! ted that he bed about 8 mcr working with 25 membersfi ‘9. 86 reperted work with all members working jermitary and 157 Travel working ip the territory. Wil ead soma Travelers for next 30 He reports fittnre work also tucks very good. Telegate Charlie White of Local No. 90 reported work at present ime very good with all members and about 50 Travelers working iu home territory. Work tor the future locks very good with power piant at Helena, Ark, Pulp Mill ar Counce, Tenn., 2od several hospitals going up. Delegate John B, Gatfin of Local No. 92 ? reported work siow and the re looks alow. At the present time he has 2¢ members working im home territory with 46 members on Traveling Cards. Tielegate W. E. Bevili of Local Na. 96 reported that he had 33 members working in hone tersitory wih 20 members on Traveling Cards a3 work is slow aad the future Jooks fair. Delegate RL. Jobnsoa of Local No. 107 reported work slow at present time vith 29 members work- ing in heme territory and 20 meme ‘Traveling Cards. Work for new contractor. Asheville Insuls- ‘Company at hopes to get seme en working with this company soon. Alter reper of delegeics. Dei Miter of Local as follows: THAT: Ait members local unapre amilisies with tery White sags agents send in régwris peomptty in order thet he aight get these reports Yoo as qvisidy as po a talk on progenss chat is being made da the son-uniow situation in the Carviinas. He said that although it was slow that there was definite progress being made. staied that the last 16 jobs in the Charlorte. N.C. crea bad aff been let to union insulating shops and that this was very cnooureging. He expressed his appreciation 10 the diferent basi- nees agents that had pur members ie wari from these tecritories when- ever possible, During the delegates reposts Gen- eral President Sickles gave advice and instructions whenever ceccasary and also answered any questions put lo lim. On the question of installadon of Mirror Insulation be advised that it is the work of the asbestos work- ers, that we had always done it, and that the oly time that it was pro- tested we were awarded the work by the Kational Joint Boerd for the Settlement of Jurisdictions Dig- pues, President Sicklss made a general talk on various problems and 3 that were tekea at che Genaral. Ex- aidress by ‘Organizer Spalding at the Florida Pape Trades Cos e orkers ment oo the Coverars’ and Tsu! Gent of sar cw he felt Wes aaid that © thai this interest £5 ference ag theee ef our Ceatference members were Fiorida jocals, He also stated that he where locsle were setting ep thei own by-laws and chat this was to be djacontinued a5 this was what the Taternational By-Laws wey He Hse spoke of reports eqvers using their owa trucks, or trucks fnrnished by contractors and rented to pipe coverers for handling: materials for contractors, which strictly against Internationa) rites asd ghozli be discontiaued im- mediately, . He alsa warned agaiest asbestos workers having a substantial finan- cial interest in insulating contracting conipanits and sot taking a With drawal Card, ‘There Seing no further business adjouenment was called at 17: pm Respectfully submitted Caaatzs F. Werte, Secratary P. §. After adjournment aii guests and delegates were extended an tation for a 2 si the Hen | Grady Hots) tendered by Lacal No, 4% which was San Framasce, Ca! February 7, 1 The meeting of Conierence THE ASBESTOS. WORKERper hour, Th ewe and the future looks good. Business Agent J. WL Nelly se the delegates from Leesl No, 16 reported 361 members: 265 Me- chanics, 4) Improvers, 6 members a Military Withdrawal and S Exempt members, 11 embers on “Travelers, 34 members on With drawal, Mechanics scale Boe per haur, Health Theodore Zamica fed "Darrel Kame mer: Local No. gory; Local No. 30. ‘Mare ‘island Neval Shipvard, Vaile) Howard Snyder and Ar Tueson, Ariz. 5s Willis wecane: Lacal No. 82, Spokane, Wash., Giles F. Htts and Gene Neumayer: Local Neo. 97, Anchorage, Alaska, W.H, Gregory; focal No. 103, Billings, Mont. AL E, Hartung. All the aforementioned delegates belay present, if was regularly moved, seconded, and passed that the delegates be seated. It is here hy aoted that the following local is act present at this Conference, Le cal No. 62, Puget Sound Naval good and oe Taare qooks e000. Business Agent Webster Ay and No. 20 reported 38 members; 35 Mechanics and 3 Improvers, Me- chanics scaie $2.86 per hour, The workicad is good and the toture good. The questi i Ben dt to expo: dusts fs of suck concern that the Yard's haviag periodic checks mule fungs end appro- priate records compiled for references and fsture determinations. Business Agent Orie Malo Delegate Ralph Morse ef Loca! % reported re Chairmag ap- wing delegates to Delegaie Emanuel Jacche of Local - 4 Mechanics and provers, 18 Travelers in the Mechanics scale 83.54 er Health anil Welfare Ie per hour, The work lead is good for another month acd the fellowing year is so be goud. Business Agent Howard Suyder and Delegate Arthur Harden af La. cal No, 7) reported 27 mambers, 10 members on Travelers, Mechuni scale $2.91 per ‘hotir, Work joad gocd. Future looks goad. ‘Business Agent 3. W. Sorenson and Delegate Willis McCorkle fro: Local No. 73 reported 69 member with 55 Mechanics, 14 Improv: 1 member on Military ‘Withdrawai, 6 Travelers working in the prea, Mechanics scale $4.05 per hour, 1¢ Reale and Welisre, The work load and the firture good. Business Agent Giles Hurts snd Delegate Gene Neuwayer of Local No. 82 reported 82 members wi 72 Mechani Mechanics scale $3.52 t Feukh and Welfare ie per hour. Tre work toad fs shaw at present, tut: with 59 Mechanics and 1 member The work ¥ summer and tor same ime 70 come.Li imroduced 3 David Barnett, President of the in- sulstion Cottraciors of Norhern California, Ine. Mr. Zarnett gave the body assembied a very fine talk on progress and how it is made saying that through teamwork we progress ; teamwork we stand still and stagnaix, or fall bacic. Mr. Barnet’s wards were well cho- sen and ewphasiced the progress that hes been made in our maduszy, Chairman Hutchinson then intro duced Mr. Kenneth McCafres, Ex- ecutive Secretary of the Associated Insulation Contractors ef the Wes- ern States, Mr. McCattree srated that pegotiziions will sooo be with ali of us and that cooperation and serious consideration on both sides will be the key to our success. Mr. McCafizes said thar the Associated Insulation Contractors are going to fgrm chariered lodges patterned atter the Associated General Con- tractors. Mr. Barnett and Mr, McCaffrec received a coend of applayse. Our General President CW. Sickles crossed verbal swords with Mr. McCafiree on several paints of Mr. Sickles advised Mr. res te aul 2 ail phases of the et y move atang the Hines of the ing reconvened at 2 pm, bles related to the scussed at greet Jength, The problems had 2 wide vatiaace a clanses: that are set MP thet ‘mg along the nes of these twa Inca! ‘The audit committee consisting ef Brothers Frank Calegory and Ed Novak reported that the Treasurer's report is in order and the delence is conreet. A motion way made, secoad+ ed and passed that the Financial P port be accepted as read, Commit: dismissed with a yote cE thanks. The vepert of the ontstasding epmomittes on ol posed Pension Plan wes presented io ihe delegates. The fact that Locals No, 7, 16, and 36 did uot empower the officers nf the Conference a2 Trustees and negotiators of cur propused Pension Plan was explained by tha delegates ze the aforementioned] loczis. Each delegate was called upon so no view was leit uncovered, Chairman Hutchinson read a pre- pared statement from Cacti Sickles. This stafement clartied the position of Mr. Carlton Sickles. A molcn was made, seconded and passed that this Conference go on record thanking Mr. Carlton Sickles far his efforts regarding sur Pension Plan. General President Sickles cau- tioned all the locals fo be extremely! sereful in the wording of and laws being passed in Cougress, At this time the delegates were in vited co a ‘held ner-Denve *¢ Le held ia the Tecrace Room of the Faiz- seconded econvered at 930 8 end at this ih aforementioned officers. The newly elected office: Qratwlated former President Hutch. ison on his position as am [mer- natious Officer and thanked him for his fine record during the past nine years as President of ihe Western States Conference. The = Cunference-wide Pension Pian was placed before the delegatas et this time and 2 motion was made, seconéed, and passed cnanimously that this Cemference adapt the pro- posed Pension Plan as recommended ‘by the Pension Committee. A motion was -nade, seconded snd passed that we accept as trustets the officers of the Conference ag recasn- mended by former Conference Chairman Hutchinson in a letter to all the construction tocals sf this Conference. A motion was made, seconded aad passed, sismissing the Pension Com. suites with a vote of thanks. wards Treating 10 our tade were discussed and various ment on a Co: posed =Eastern Canadian Ottawa, Out. Canada Mareh 7, 1959 ‘The semi-annval meeting of the Eastern Canadian Conference of As~ bestos Werkers, due for March 14th in Montreal, was called one week varfer in Ctiewe, Ont io coincide with a two day meeting of Manage- mect of Toronta, Ottawa and Montreal, The meeting was calied te order by Caairman Michael §. Nicols at GAS am, at the Beacon Arms Borel, Saturday March Benthers Alexander Tage mout cf Local No. 95, Toronto, Griaria. Brothers Joan Kear and Wal- ter Dannes af Local No. 58, Ditawa ra of the sed of An3 Mechanics and SU im- owers, There are five Travelers cot support a full time business agent's sary anid expenses without putting a heavy assessment on each member. No dexbt, Eastern Ontario. Chairman Nicols report Armstrong Cork Contracting and Supply Corp. bas entered the Heat and Prost fiell since Janmary }, and is relying on our locals to evpph their needs, Brother Nico!s also reported that the presmnt agreement of Local No. gS expires April 30, 1959 and nego- tations nre on the way. Brother Fwsrd Kane of Local No. 58 aiso reported that the Mort- veal agreement expires March 31, 1939 and 23 of that date ny offer rad been received from the Insula- son Contracters Assodation. The mujer item in the proposed amend- ments is an improved ratis and Local No. 53 members! ready In ga out to get it. There being ng farther business tn Respect huisy ice Buea: Seerentry doathwest Conference | ites reparted the following delegates in attendance; Local 10, Lite Rock, Arkeams, Ao ML Greenice; Local 21, Dallas, Fr. ‘Texas and ‘Shreveport. ‘siaua, Fred Harvey and ©. K. Local 22, Honsten, Beau- and Galveston. B. Childers and J. M. Thompson; Loca? $3, New Orleans and Eatoa Rouge, Louisiana, Glen Williems and Gerald O'Brien; Lo- cal 53, Mabii Alshama and Pascagaula, Mississippi, G. R. Puse and J. L. Pose: Local 64, Tulsa. Oklahoma, Hacold Thompson and Harold Furteck; Local 66, Ama- fillo, Borger and Lubbock, Texas. Don Schseffer and Frank Turbett: Local 76, Albuquerque, New Mexi HH. Green; Local 87, San Baker; Local 94, Okishoma City. Oklahoma. M. A idenour and ra Eecal 112, Lake Louisiana and Orenge, Texas, B, ¥. Fowier; Local 13, Tngen, Texas, J. K Oj cal 14, Sacksoo, Mi sent were Brothers R. J Love oral 76 ‘west Tucal. General Creston § i I i !4 convey she best ie © Delegates to Brother Ts for Brother Jackso of the meeting. Motion made, secoaded and pass- ed that the minutes cf the last regular meeting ay published in the November issne of the ASBESTOS WORKER be accepted Delegate Greenlee of Local No. 10 reported a total membership af 68 Mechanics and 9 Improvers. Very ttle work in progress with ‘ature outlook very dim. Mast of membership out on at present. Delegate Hervey of Lacai No. 2 reported 2 foin! membership of 236. Work at present sfow but better “shan it wes a few monihs back Future work not expected to be very Full employment of Local this year. Detegate Cilders of Loci No. 22. reported a total memibersitip af 300 ‘Mechanics and 82 Improvers. Work al present slow with some mem idle, Future prospects fair but very few travelers will be needed before in taking notes check beiore coming 20 the area. Delegate O'Brien af Log N reported 2 total mi Mechanies and 4? Improvers. Wi toad should net exceed the an: iced to kee the Local members busy, There will be some m: idie each sronth and very few travelers will be netded at re ont on “Traveler. % rie ae a pected tp be sufficient to supply Le- cal members. He further cepert that few craits were argenized to combat the “Opea- operating within cipalty to the pe industry not bemg enough to vide steady employment. Delegate Green of Local No. 76. reprtted 2 tatel membership of 50 Mechanics and 10 Improvers. Work slow with 20 members on Traveler. Prospects for the futore init with no large jobs proposed, A-E.0. work confined to small additions. Delegate Baker, International Su- pervisor, for Local Na. 87. reported a total membership of 84 Mechanics and 27 I-nprovers. Wark in the area is the best it has hees for some- time and the future looks good for the next few moaths however very jew travelers will be needed as Lo- ca] merhers should be suvicient for all anticipated Inbor néeds. Delegate Ridenour of Local No. 34, reported a cota! membership of 45 Mechanics am! & Inprover; * Trades Py i foul one ab Improvers. Work membership employed with no ad- Gitional travelers needed heinse fai. At ihe conchusion af of Delegates appointmenss for Lo cals with problems were made with General President Sickles and Vice- President Baker tp ieilow the rege- jar meeting. General Presiienr SickJes spoke at length om problenis the Int ional hes been faced with since his attendeace 2 the last Conference and answered many questions that were in the minds of - she delegates in regards to proper procedure to n level. Conference recessed at 12 Noor, aati] 2 p.m. tw attend a luecheon as guests of Legal 66 and the Local tne station Cestractors, Distinguisheri guests incloded the Mayor of Bot ger, Shertf of H and Building a ident, Delegates’ wi THE ASBESTOS wORKERPresident George Meany’s Tesfimony in Support of Federal Unemployment Compensation Standards Bill vgs will alfect and the econcmic sec! of the 13%4 million mémbers of unions affliated with our Federa- rion. but c ery man and woman in tks cuuntyy who works for wages, Because their ecunomic wel- far: ih foundation nf our portant in this st then maintaining this nation’s leadership capabilities, ‘The whole free world looks to this country. We are here fo review the need of our sysem of unemployment i surance. Iz ig pal necessary for me to say that. while we consider this program an important pary of our economic structure, we dg aot rely on it wholly as = means of prevent ing mempioymentt, nov. the in- fividuat wage earner is it a satis- factory substitute for a study job at good wages, improvement in uy nnemployment iuserance syslen i 33 part, although a very ime portant pert, of the broad program recovery and for maintenance of the because despite charles aq fut sande of TI gaally unenyployed. Jao surance syste f nearly 2 and mne-half (2.4} mill are compelled to work pavt-! schedules; This cepresents a eq alent of 1.i million mere sofa! enemployed. Furthermore, there 1s a hidden wnamploymen: cf some partment of Labor, by SoOLOD "young ‘people whe wonld genzations such as che Rockefeller normally have entered the active Brothers Study Commission, ead by lebor market but whe are mow dis- Students of the America: couraged irom looking for jcbs rity systems. From all ot cause there are m4 jobs for threat these deliberatians bas come a wih True unemployment therefore is area cf agreement on i: now shout 5.3 raillion or the equiva- for benefit’ adequacy and lent of 7.6% of the Inhor force. ueceaary for permanent cnenployment The wide ar industri id achieved # indastria| communities, ment insurance foxnd expression ‘About 209 of the nation’s pro 1954 when Presid Pisebower ductive capacity—plants and ma- first urged the stales lo improve esis ihe. their henefits so that the greet These heart jority of covered workers woukd re. ws ars timely ast Tety OF “ rs anly hecanse of the present emer- ceive wt feast half of their lost wage . and for at feast geney sintion, but beeanse hey afford us an opportunity to review 26 weeks whea they are onable, sor experiences wath Unis program find suitable employment in 7 in the light of twenty years of e& time, This recorunes perience. 1 remember vividly the signalled ag difficulties facing afl of us when un- sal parties on the employment compensation was si nemplogment fist Sed in the 1950's. The defects vement has heen iy the program: whi hi t time i orier ca mi fay is Te isat year ater year fall Shart uf the woe1 wnent coets, jor example. Trey have to make some token pay- ment at least if they are buy anything cn time, or they face bi losses, hen you are making orl: three, or four, or Bye thous: dollers a year, you find very li dushion in your Family budget. Y. cant out off paying for medical care, of housing, or focd of the tramiportation necessary to Jouk for employment. Even the ieiephone is a necessity if you want ro stay on tap for job oppartanities. It hasn't always been this way, and here is the veal tragedy in the dlawngrading of unemployment com- persatioa over the years, In 1939, a worker maling the average week- iy wage in his state could be certain of geiting half of his wage as a icb- less bereft in every state in the Unite’ States. Today this same pital worker can get half his wage caly five states. Everywhere else be receives less than thut propoztioa, In Texas and Oidahonra the ozxi- rim beeBt amounts are $28 or only 46% of the average worker's oage in each of ihese states. At times it is difficult 10 be patient with those who Bave never experi- enced unemployment and yet went to make @ big point of the fact that iy cation pey, ponsian the end of the fi ef fis Sroep medical mscrance, ob pear 3 laid-off steelworker in Pena. ia got 2 benedt of 32% at bis wege. An alrcratt worker in Georgia Rot 30%. A bricklayer in Minne- sota got 249% of kis wage. At every session of each state Jeg islatere, owe AFL-CIO Aas work in raise the dellar cefling or maximum benefit amouat But it altoguher tog many state legish- tures, unemployment insurance has come to be called 9 §2 law. We are able to obtain an increase of $2 or #4 in the maximum sometimes in two and more generally every four years, ssyally at the price of higher igisity Tequiremenis and stiffer disqualification penalties. This tail- ure to raise the ceilings the tise in wages bas completely changed the character of unemployment surance aad more ang more leid-of workers are limited by the statz waxionim to less than half i wage. In the typicat state in 1939. the maximum beoef: amount wos €3% of the state’s average weekly wage and today it is only 44%. For the majority of the imscred unenn. ployed, their benefits now are fired inadequacy of the preset system js in the early termination of heneft rights for those still tloved—short 3B called, andermines the insurance iiple by focusing attention co ime’s wage record vather than on the contingency of sarnployment, somewhat Uke reducing 2 man's fife insurance benefit ecruse he died before his premiums added up to the face value 0: the policy. In oni tight stares taday do all ciaimants qual for a mi inl potential duration of 26 ‘weeks, the standard recommended by the Social Security Administration for many years and vy the President since 1954. Again the question arises— are we falling short of the mark? is the question of where federal re- spoasibility starts and where it ends in order thai this nation can stp the long downhill slide thar has chay- acterized our umemployment com- asatiun system through most of the pest 20 years. As a nation we are paying too greac a price for the ebsence of standards in nnempioy- ment insurance, We have contin ally postponed the hard deticion- soaking. Let me sum Job. Lees than on wages lom wete -eplac: rn benef THE ASBESTOS WORKERunenpiayed. Wie and pent ogee by the grorer ‘and tive de a for goods anil services would have helped to pr duce a minch faster recovery from this recession. The enactment of the Temporery Unempioyment Compestsaricn Act iast year, uod its vartial extension ancther three months this year were themselves, ef course, a recog- nition op the part of the Congress of a degree of federal responsibility in this-area. We do not underestimate the value to the unemployed of the benefits paid out under this pro- gram, though we were distressed ihat only twenty-two states saw ft lo extend their duration in response ta the impetus it provided. Without dwelhng here on the (of ieamporary, emergenty action of this Lind, we should like to bring to your atten- Sou certain inherent dangers to the system that can result frum sole veliance 92 it. First, there is the danger that the states will take if as an indication that there is no real need for them to taks acting, as the federal gover: ready to bai] them ont. sites octasioned by the nadequacies of their state unem- pioyment insurauce laws which may arise im any future recession ¥ does aot come ¢ dcwmewing of quickly ough in MAY. 1730 . posed. We do aot be | Sneuneag cay the ‘ststes need help. 7 “ate three basi rf they capniet Jo the job unaided and why a re sponsibility resis with Cas First of ali, ly cc essed by ihe fact that the star: efit provisions are geared ic in- sufitient financing arrangements in- Stead GE financed to provide an ade- quate level vf benefits. That is, gency is adjusted fo meet the est, estend of adjusting the. cost te meet the contingency. Second. stparate state prugrams finance! entirely apart from one asother Jeave the whole system vulnerable ta the ancquai incidence of unerm- Ploymeat. This raises the specter of jasolvency and discourages in each state the bberalization of beneb Third, competition anyong the states for industry ieaves them: susceptible to employer threats that bigher henefits and Higher tax rates will industrial TE the eppioger tax contributions tw uncimnployment insurance had heen fixed at a dat 3%, the income would have financed ¢ program far bresder than even the coe now pre ca level forth 3 he orl necessary to whose the tay it was horn, bar we do not wish to dwell on this poiat ax i 1s wot relevant fe the ‘proposals now fore this Committee, We are more jnterestes in seemg Yt the stztes have the latitude that they need fo develop sound financisg “methods: the proposed bill dees not eliminate Vexperience rating ;* it simply dies aot make it campulsory. A problem = mere Yondamental even than experience rating is ¢! fact that the present system of Rancing buenipioyment insurance contributed te making it nmck five. i serving 2 broad interest. The drive ior jower legiske ve enactments that use every canceivable and capricious device t avoid payment of benefits, This nadermines the fundamestal pure pose of the law as declared by the Supreme Court in’ the Carmichasi case fo be “the public purpose of relieving unersployment,” Let me iliustrate the ki uations that these 1lo the worker in, employer, axa while it is tras et experience rating provides i centive for thie, f want f reiternse again that fhe problem is grencer than just which methed of fizancing ws superior, The basic problem is that so long as the standards of benefits are not specified, the benefit amount and duration 3 criteria of eligibiity and disaeal cation are builered to At insufficient fnancing. Lew cost financing bss Become the over-riding objective. The proposed Federal Unemplay: ment Compensation Standards Bil wil pot a brake oa the cax incen- fives Chat are ‘enconraging employers to carve up stats laws, First, by et tablishing benefit standards. the Bill gives each state a definite objective for ‘ts financial decisions, Tax rates can be adjusted 19 the cost of bene~ fits, instead of the uther way araund. No leager will we have to listen to the arguments that drone on with different words always to the tam: ruse: in good times, employers argue that improvements aren't nec essary and in bad times, they argne that they cost too mnoch. The Tong rua costs of lhese bene&t standai have been estimated 6 clans of the Bureau of Employment Security as 50% muore than the cost “We “bop sp ardentt beneficent system far pr cnemplayed. Let me cite you a few esa: of bow some employer representa: tives have used the interstate cn: petition argument te oppose provements. Fizat, from the Mau- nfacturers’ Ast am of Cosmecti- state is competing today for more plants ard nes adustries, To Like the cost in Consccticut not the road to bet to fess jobs," In the General Electric Company wrote taié legislators ‘ast year in this vein: “No other southern states~-except Arkansas an Alabuma—have seen fit fo ex- mid benefits, These southern states reptesent cor major competition for she new jebs of expanding business ind industry.” In Odin in 1958, Mr. Herschel C. Adkinson, Executhre Vice President of the Ohio Chamber of Commerce, wrote whot he called “A Peliticl Primer for Businessmen” iclowing labor's Aight te improve ucemploy- m