On December 17, 2010 a
Exhibit,Appendix
was filed
involving a dispute between
Ross, Jean,
Ross, Robert,
and
Acco Engineered Systems, Inc.,
Advanced Mechanical,
Advance Mechanical Contractors, Inc.,
Air Systems Mechanical Contractor,
A & K Heating Company, Inc.,
Albay Construction Company,
Allen-Simmons Heating & Sheet Metal Company Inc.,
Allied Fire Protection,
Allied Sprinkler Company, Inc.,
Allsberry Mechanical Corporation,
Anderson, Rowe & Buckley, Inc.,
Associated Insulation Of California,
A. Teichert & Son, Inc.,
Balliet Bros. Construction Corporation,
Banner Drywall & Painting Co. Inc.,
Barnes Construction Co.,
Bayer Cropscience Inc.,
Bayer Cropscience, Inc., Successor To Amchem,
Bell Products Inc.,
Beta Mechanical Contractors, L.P.,
Bragg Investment Company, Inc.,
Cahill Construction Co., Inc.,
Cahill Construction Services, Inc.,
Cahill Contractors, Inc.,
California Drywall Co.,
Castro Construction, Inc.,
C.C. Moore & Co. Engineers,
Cincinnati Valve Company,
Cjr Plastering,
Clausen-Patten, Inc.,
Clausen-Patten, Inc., A Dissolved Corporation,
Climate Air, Inc.,
Climate Control Co., Inc.,
Collins Electrical Company, Inc.,
Commair Mechanical Services,
Consolidated Insulation, Inc.,
Cosco Fire Protection, Inc.,
Cosco Sprinkler,
Critchfield Mechanical, Inc.,
C & R Plastering, Inc.,
Csk Auto, Inc.,
Cupertino Electric, Inc.,
Delucchi Sheet Metal Works,
Dilland Sederberg Plumbing,
Does 1-8500,
Domco Products Texas Inc.,
Domco Products Texas, L.P.,
Donovan Construction,
Dorn Refrigeration,
Dorn Refrigeration And Air Conditioning,
Dpr Construction,
Duro Dyne Corporation,
D.W. Nicholson Corporation,
D. Zelinsky & Sons, Inc.,
Emil J. Weber Electric Co.,
Erwin Mechanical Inc.,
Ex- Fme, Inc. (Fka Fischbach And Moore Electric,,
Fairmont Hotel Company,
Fluor Corporation,
Foley Electric Co.,
Foley Electric, Inc.,
Fuller Floors,
General Mills, Inc.,
Giampolini & Co.,
Graybar Electric Company, Inc.,
Hanson Permanente Cement, Inc. Formerly Known As,
Harold Beasley Plumbing And Heating, Inc.,
Harry Lee Plumbing & Heating,
H & C Investment Associates, Inc.,
Henry C. Beck Company,
Imperial Plastering & Drywall,
Insulation Specialties, Inc.,
James A. Nelson Co., Inc.,
Johnson Controls, Inc.,
Jones Plastering Company,
Joseph Bruno Sheet Metal Co., Inc.,
J.T. Thorpe & Son, Inc.,
J.W. Mcclenahan Company,
J.W. Mcclenahan Company, Inc.,
Kentile Floors, Inc.,
Laub Sheet Metal Works,
Lone Star Industries, Inc.,
Mack Construction Co.,
Magee, Robert,
Malm Metal Products, Inc.,
Marine Engineering And Supply Company,
Marshco Auto Parts, Inc.,
Mattock Construction Company,
Mcclure Electric, Inc.,
Metropolitan Life Insurance Company,
Michael Brothers,
Midstate Mechanical, Inc.,
Mitchell Bros. Truck Lines, Inc.,
Monsanto Company, Sued As "Pharmacia Corporation",
Oakfabco, Inc.,
Ortho-Craft,
Pacific Fireproofing,
Pacific Mechanical Corporation,
Parker Insulation Contracting & Supply Co. Inc.,
Perini Corporation,
Pharmacia Corporation, Which Will Do Business In,
Pribuss Engineering,
Pribuss Engineering, Inc.,
Raymond Interior Systems-North,
Red Top Electric Co. Emeryville, Inc.,
Robert Magee,
Rollie R. French, Inc.,
Rollins Construction,
Rountree Plumbing & Heating Inc.,
Scott Co. Of California,
S F L, Inc.,
S.J. Amoroso Construction Co., Inc.,
Slakey Brothers, Inc.,
Sugden Engineering Co.,
Swinerton Builders,
Temper Insulation,
Temporary Plant Cleaners, Inc.,
Texaco, Inc.,
The Goodyear Tire & Rubber Company,
The W.W. Henry Company,
Tuttle And Bailey Corp,
Van Mulder Sheetmetal,
Van-Mulder Sheet Metal, Inc.,
Walnut Creek Sheet Metal, Furnace & Air,
W.C. Thomason,
W.C. Thompson,
Webcor Builders, Inc.,
Westburne Supply, Inc.,
Willard Electric,
Wright Schuchart Harbor,
Wright Schuchart Harbor Company,
Ross, Jean,
Ross, Robert,
for civil
in the District Court of San Francisco County.
Preview
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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,
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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