Document ByXXokXYxaMx7O9qBD7rprbL4

:l IX TX2 DMITED STATES DIWSttCT COURT you THE EASTERM DISTRICT OF FEOTSYLVAXTA :x RE ASBESTOS PRODUCTS LIABILITY LITIGATION (HO. VI) ' . fois Document Relate* ;o All Actions . ;; : ) ) ) ) ) ) ) KDL Ke* S75 . !. : >\ AFFIDAVIT I, C, Wayne BicXsfstaff, after being duly sworn, do depose and my* i! .; 1. i u, and have been since 1976, the K&nager of Industrial Hygiene ,and Material* Transportation with the Westingheus* Electric. Corporation/ and I have personal knowledge of the matters eat forth in this affidavit. ; ., ,i I 1 J1 2. I recently have become aware of a 22 page draft memorandum (the "Draft Memorandum") prepared by Jeffrey J. Bair in late 1987 concerning .proposed document retention guidelines for the Westinghouse Industrial Hygiene Department ("Industrial Hygiene"). Initially, as a point of clarification, although my name !appoara typed at tha end o the Draft Memorandum, 1 did not iparticipate in the drafting of it. I was, however, aware at' that time of nr* Bair's work on formulating proposed guidelines for Industrial Hygiene document retention, and assisted Mr, Bair in his review, inventory and catagoriration of the typss of files maintained by Industrial Hygiene. 3. 1 aa also familiar with the other memoranda related to the Draft 'Memorandum on which ay name appears as the author or a recipient. It is!ay understanding that these other memoranda are being made available along with this Affidavit to certain plaintiffs' counsel pursuant to Westinghouse' agreement to do so in its-withdrawal of its claim of privilege vith respect to the Draf1 t Memorandum. .' : .i 4. I do not recall -having been informed by Mr. Bair in early March 1988 to 'begin discarding certain categories of industrial Hygiene documents and, ir. any event, did not implement any sucIh advice. 5. The last communication I recall receiving prior to January 8, 1993 which related to this proposal was that the proposal would not proceed due to the pending insurance coverage litigation. . it i Xa files br documents of tha Wastln$h.u*e Industrial Hyglen Dapartaant vwr* avyp discarded in response to, or a* a resui of, the general proposal or th* specific guidelines sat forth in the Draft Manorandta or any of tha other aeaorandt related to the Draft Hasorkndun. further the affiant sayeth not. rfoRK TO and subscribed efore a .this >t7^ day f /"Va ._>a , 1993. / / C. w..t b- i.i,,li..,jL.i^^iii,iiiM. Wgoateairwv.-OPuubbl lic, . ,i `f.'/bV'-'Wi !<t;, :-.-rv ?,\t> ! t \j i.t '.Vi i 'v. ;& : 1 UvniiT.tir.^'TT:'u 1* wt "*? 4t/ crrWayner,"Bic)tarstaif V EHP.KE _C> P... D.OjltftiWiI5 Meetinghouse Electric Corporation ("Wostinghouse'*) hereby tenders documents from its files relating to a proposal for retention of documents from its industrial Hygiene Department as discussed in a certain draft memorandum prepared in late 1987 or early 1988 by Jeffrey J, Bair, a lawyer in the Westinghouse Law Department. This tender is directed to all liaison counsel in the asbestos cases pending in the United States District court for the Eastern District of Pennsylvania, including those transferred to that court by the Panel on Multidistrict Litigation, and to lead counsel in certain state cases to which Westinghousa is a party, This submission confirms what Wostinghouse has maintained since issues were first raised relating to the 1987-88 draft memorandum -- that the proposed program rJ.*.*?ys retaining documents relating la litigation, *Ad that no 1 ' -.ts were discarded as a result of the draft memorandum, Thus, in ,-J.s February 9,, 1988 memorandum to Industrial Hygiene, Hr. Bair expressly stated that !'fo]f course, all documentation which relates to asbestos, welding fumos and PCBs, and any other litigation which you are aware of, should be maintained." The documents he^^ty `tfend..'=n, rd also indicate that on March 21, 1988 a decision was mads not to proceed with the program and, as stated in the affidavits of Mr. Bair and Mr, Bickerstaff -- and as hs already been testified to in various proceedings -- no documents were destroyed as result of this proposal, ` Meetinghouse believes that issues relating to these doc/u.-sc/.-ts are wholly irrelevant, and expressly reserves the right to assert the lack of relevance in any proceeding in which it is or may --a -*i party, Meetinghouse has agreed to waive any applicable claim of privilege with respect to the documents hereby being tendered that relate to the document proposal outlined in the 22-page draft memorandum; however, Westinghouse does not, by so doing, waive any applicable privilege with respect to any related matters documents not hereby tendered. Hostinghcuse Electric Corporation 3y Counsel McGuire Moods Battle & Boothe Ons u.imos Center tUc.o.iund, VA 23219 V7^-i,noc assumptions for this project? Tha tinder lying a&suwption, going tack to you? prior question, was ve had to retain all ot the asbestos documents, but what we were not clear on j i was what was the law for statutory and regulatory requirements, such as OSHA, on keeping other types of documents, so vhat ve needed to do vas dstarine :* f vhat types of documents vc-rft out there, and vhat, f tvp&s of requirements existed for the retention or those document&, ' All-right, sir. What next happened in the chronology with this memo? After the conversation in the latter part of /< with Sara Pitts, 1 asked Jeff Bair to detfcrs.:-e s ;-.v categories of documents in industrial hygis-e, *. to examine any regulatory or statutory requirements for the retention of those And that's vhat lad to this memo which is Plaintiff''# Exhibit i. A3 1 right, sir, How, as a document, was uiac document finalized, or how vould you characterize the document there7 . Ttfs clearly just a draft of a memorandum. it's : clearly not a final memorandum, One can tell that . 1 litigation Vft* threatened, i it- v&a reasonably 2 anticipated or foreseeable, similarly the pax-tie# 3 ought to keep the documents. 4 Q All right, sir. In 1987 was asbestos litigation 5 pending against Westinghouse'? $ A Yes, it vis, 7 Q Was other litigationpending againstWestinghouse? j e A Yes, it * a #, ! $ Q What categories? , 10 A we had tvo other basiccategories of-toxie tort ; ii cases * Cna vs e welding rod J litigation, a r.C J 7. anotbar ona vh keb toxic tc>rt litigation. There 13 of course, w a r a other types of iit.igst.jon ns vex* 14 One ot those was that Kestinunoc&e had riled xn 1 5 ' 1987 a lawsuit against its- ir.strar.ee carriers 1 $ seeking insurance recovery tor these types f 17 cases and for other types or things as vei_ 18 Q "All right. Let me take you back to the mo th*- 19 I think you've already indicated to the J'-'ciue , 20 the assignment vas bade to study a docmafer.t ; 21 retention and .-.u-r-truction program for indust:.r :ai | 22 h'/'j i -:';C . / 5 : a *f . . f 24 0 i 1 l-iiiht. wir. And vhat vs& th underlying j 'L* :r -ur`:or v v..f a t nft und&rlyir.q ( AY, OSR Ah<J after your consultation vith thesa, vhat decision did you reach? That ve reeded to ueet again vith Hr. Pitts ar,d discuss this document retention program in light of vhe inour&r.os recovery cases , no that in, X v>-^d -".ay. Dec.6bar, haruh, or least in tha first q'.ifertfr cf i 9 8 , t e <5 j d t> e fc t ^'itn ~ ~ r X '-- & The " inclv.-'ed Toff * " i ^ , `.nduita a ..:.;rr f r c s V. i y > p -x - - * < vi * . * i A.'-'d - >* : .".f. S e- ' 3 ' - . ^ ' . - ..v '' - 2 t j ` . i* 5 v ,. *. . 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