Document RJY4m0Rp93mR3RRLaZEkbGXzE

FILE NAME Manville JMA DATE 1942 DOC JMA266 DOCUMENT DESCRIPTION Legal Department Report AL 100061085 100061085 . PROGRESS REPORT YEYEA AR 1R 942 Re nomicConditions Government of was characterized by the creation The first full year of war wartime agencies by the expansion of those thereto- new Government mass of rules and regula fore created and by the increasing and sales prices and profits wages and tions governing purchases details ofof business administration salaries and other intimate Government controls were the Emergency Notable among these new administered by the office of Price Price Control Act of 1942 Administration the decree establishing called Renegotiation Law the Presidential War Labor Board and the Antithe new new National Congress under threat of executive action inflation Law enacted by unusual unusual burden on the Legal These developments placed an thereunder to digest and analyze not only since it was necessary necessary Department regulations and rules but the mass of orders regulations the laws themselves the force and effect of and having themselves issued thereunder Law. 250 259 Employee Relations occupational Safety Safety and Company has for years The Company asbestosis asbestosis compensated compensated as considered it desirable thet disease. In all that the laws 50 provide locations except except Jersey portant Compensation Legislation N.J. during 1942 to secure the Te We strenuous efforts secure secure secure enactment enactment the New Jersey Legislature bill which would make asbestosis a Legislature occupa- occupa- The group which compensable tional disease this legislation with Johna- Manville Manville sponsoring legislation legislation very nearly successful but by reason of the combination of mischances and the opposition our efforts potent Association finally Manufacturers will however efforts were finally defeated They groundwork for a change in the Quebec Forkmen's Forkmen's law which would separately list Compensation disease and effect other desirable as a compensable law The present present purports changes in the law asbestosis as form form This classification silicosis silicosis classification is unscientific well unfair who are confronted with with lesser lesser hazard employers is hoped hoped hazard of nabestosis that 1943 will the enactment amendatory amendatory legislation legislation legislation see Legislation. arrangements In Saranac Laboratory concluded Dr. Leroy Leroiyn-9. experimental Gardner Gardner inhaled vestigation vestigation the effects program inhaled diatomaceous earth cost of this progress 5,000 5,000 aad experiments experiments experiments which are still that progress helpful have some facts already revealed elimination helpful helpful ia connection with Company'Cs omCopmpaanny'ys'sduselitmination elimination program connection sith the ae Fr. Garaner has completed his experiments of auration covering the effects of ia- several years will baled asbestos aust and his final report probably be published in 1943 The expenses or were shared with k vroup vroup of navestus this project textile manufacturers 7 Profits 740 742 Expenses - kinds Travel and entertainment entertainment the transfer of Mr. Aring to Mr. Lea's responsibility Following for entertainment and there was a very marked decrease in expenses travel theretofore charged to the Legal Department 744 Professional Services Legal fees and expenses totaled upwards of 145,000 against a budgeted 120,000 This was considerably more than double the amount paid for such services during any of the last fifteen years and was primarily attributable to the 90,637 payment to General Counsel for their successful defense of the treble damage action brought by the W. G. item was the 20,402 Kuehn companies Another large and payment to Cadwalader Wickershan & unusual Taft for in connection with the defense defense our share of their fee ani expenses of the Federal Trade Commission procedinst procedinst procedinst Donald Tulloch and his licensees under the Toohey patent wa] Stover License Magnesia inder pressure from the Anti 43 Division Division Mr. Stover eliminated all provisions of his license relating to price control Although the Division Wr Stover was under the impression made no promises the Government that if price control were removed would drop the matter National Labor Relations Board During August the Legal Department Mr. Fisk repre- in the N.L.R.B. proceeding in sented the Company involved a petition by an A.F. of L. Faukegan which collective bargaining union for certification as the and watchmen at Waukegan Toe agent of the guards down a decision favorable Board subsequently handed to the petitioners Private Suits Festmoreland vs. JohnsManville et al Kushn trial which lasted nearly two months we Following a verdict on February 27th obtained a favorable jury The plaintiffs have appealed to the C.C.A. Kompanies California Edw.Co. vs. Wanville et al case is still pending but has been inactive Tshiinsce March when the depositionsdefoefndthaentsplahianstiffiflsed were taken Neither of the J- extend- and a stipulation has been obtained an answer until 15 days after receipt ing our time for answering Both the plaintiffs original of written notice have entered the Army Their successor is attorneys not much interested Counsel considers the claim spurious Common LaAw sbestoCslaiimss for disability resulting from dust diseases Claims than claims for other types of are no more important dust diseases are com- in those States where injuries to occupational disease laws However pensable pursuant become a serious menace past experience pCroovmemsonthleayw cadjua dicatnion adjudication where subject to 4 ar Ts + as ay * | 2 New Jarnev is about the only important State which does not yet make these diseases com- pensable During 1942 only one case arose might be confronted where it looked looked as if we with litigation litigation te considered it unwise to therefore settled take the issus issus to Court and for 7.250 A revival in New Jersey of the old sbeicloimceossinsecessary racket is to be feared if it ever and considerable number of employees to release any that time in having if we have not succeeded by the law amended so as to make these diseases compensable Vandiver Brown