Document om1gJ9Rb5y69kO0r7Nev9kxnD

5 PLAINTIFF'S 1 EXHIBIT LI - H s 5 JOPLIK - FTB2RS & KUtSRAlS DIVISION HAT 17, 1965 CONnPSNTlAL C.Q* Morgan Cincinnati - Fibers & Minerals HE* Continuation of Membership in National Insulation Manufacturers Association (NIKA) Dear Jerry* In view of the fact that X an not aware of the direction that your sales efforts will he taking In future nonths, it is bird to give sons sort of projection for our continuation of membership in KXKA* So, instead of trying to foretell the future, it cay be helpful to enlarge upon ay recent past experience with the Research & Technical Caesittee* The Research & Technical Comittee of MIMA is a product of ths American characteristic for having someone else do an essential job, bat one which no one particular person wants to undertake. Since 1952, the various Government agencies have given up every effort on their part to write specifications covering the characteristics of the Insulation used In government support projects based upon their own test results* In contrast to an earlier day, tho Bureau of Standards is not active, nor is the Naval Engineering Experiment Station at Annapolis, In spite of this lack of their cun testing facilities, Government policy dictates that specifications should be written. To fill this void, the Government specification writers ars completely depandent upon industry to supply than with general information and even in sons cases to provide the information for important policy decisions* In order to prevent the charge of collusion. GoVermont specification writers try to avoid contact with only a few companies and foster efforts through trade associations. As a result of this expressed government policy, MIMA has become the spokesnan for the insulation industry. All Military Specifications, Federal Specifications, Coast Guard Specifications, Guide Specifications for ths Application of Insulations in the Navy, Bureau of Tarda and Docks, General Service Administration & Maritime Ccaaission are reviewed by the T & R Committee of MIMA and in some cases these specifications are actually written in the T & R Committee meetings. This same circumstance has developed in the mechanics of operation for Committee C-l6, AS1M, Since ASTH is a voluntary organisation with no paid help on the Committee level, ths work is carried on at the Initiative of the individual members. Some of the large companies could afford this sort of work, but the smaller companies with limited staff and representation cannot afford to do so. As a result, most specifications and test procedures are now being written by the various trade associations such as MIMA, the Insulation Board Institute, the Venslculite Association, the Perlite Institute, and the Rational Mineral Wool Association, For all practical purposes, the oonsuars and the general interest members contribute nothing except to act as a "brake* to prevent domination of ASTH bv a riven manufacturer. 9 C.Q. t'orgm -2- IZa'/ l?f 1965 This eana pattern is repeated In the orgr-nizatloa of the American Society ct Heating, P-africsratisg and Air Conditioning Engineers, (AS3HA2) who publish tho Quide and Data Book, the two reference books that are kept currant at all tines* The chapters in the Guide and Data Book* covering insulation properties and the application of insulation, thoereticaUy are vrittan by members of ASrtRAEj but in actual practice* the sources for their information ooae from and other, industry aaeociations* Probably the most successful activity of NIKA has been this continuous, technically oriented contact of the association secretary with those people involved In the above activities* Individual companies outside the association have a snail voice if they are in opposition to tho stand of NI1A. though companies within the association do taka individual stands at tines and can be heard by the above referred to organisations* It has bean argued In the pest, within the Fibers A Minerals Division, that the amount of soles to Oovarnaant agencies is quite snail and does not Justify an attempt to influence their purchases through Interest in Covemuent opacifications* The influence of Gorvexuaont specifications ore way beyond the purchasing policies of the agencies. Military specifications and Federal Specifications influence consular opacifications of general industry. This is particularly true of the Federal Specifications* The larger engineering finis doing Govonsent work become to believe that application specifications suitable for government work say hive value for their cun needs* In the late thirties and during the war years, Owens-Coming concentrated upon obtaining Government approval for Fiberglas, a new oaterlal at that tine* The trade introduction of calciua silicate block and pipe covering was greatly aided by the government specification work done by tha miaifaeturers of Kaylo* We, ourselves, are trying to follow this ease path in a modest way with the effort being node in connection with Superglas rl800 Board* The abovo describes in general terms the position of HIKA. within the insulation industry,. Specific examples of Eaglo-Picher* 8 relationship to UTKA'a Technical & Hosearch Cossittce my bo of interest* Hy view of SagLa-Picbarte partidpatian is almost entirely a defensive one* If we ,?3ro outside the association, wo would have a very email voice; but within tlio association and In conjunction with ay activity in ASTK, I believe that wo have the strongest position possible for the money spent* During tha last year, several Instances coos to mind* . 1* An attempt was mde to change tha dafinition of "mineral fiber" to Include asbestos fiber* This change In definition was a proposal for an. AST2L specification* If It had been accepted, we would new be forced to compete with asbestos based products for those applications calling for Oae-ote Cement* Through a simple change in an ASTH definition, the coverage of M12~C*290&A, Ceaertfc* Finishing TniaM-ftn. Federal Specification HS-I-500, Insulating Cagant*. Thermal* and ASTM Specification C- ^9. Txosr rv^raul^c^^t Tharaal Insulating nd Finishing Ceasct* would save been oroadeasd to include a assert that is based iastead of the current intention to restrict this specification to those of the One-Cote Ceasot do not need!) So far, this nerve has been detested in the raettef7* of HIMA and never reached the meetings of A5TM* 2. The elimination of tutorials such as Super "66" and OneCote Ceuont for application to pipe fittings, and the use of prefabricated fittings cade frees pipe covering instead, vas cade In the General Services Administration, "Standard Specifications for Thercal Insulations of Piping, Ducts and Related Equipment". Because I did not attend every T & R Comittee resting In 1964, the NBtt took a stand for the elininatioa of cements, Upon receipt of a NIKA letter outlining the NIKA stand to GSA, I voiced a protest in a letter, dated June 25, to NIKA and GSA, la September of 1964, the NIKA position vas reversed} and GSA accepted the revised stand so that Insulating cements can still be used where they always have been used, 3, V.'ork through NIKA has extended the ASIK Specification &092, Mineral Fiber Block or Board Thercal Insulations for Elevated Temperatures to include our MT-Boards, At the present tics, this ASTH specification is the only specification covering this type of product, 4, For a long ties, the definition "mineral fiber" Has included all products mde from "rock, slag, or glass". In a recent ASHRAE proposal for a table in the 1966 Guide, a distinction betvaen "glass" fibers and those made from "rock or slag" vas to be mads, Froo a therml performance point of view, the natter being covered in the ASHRAE table has no difference} therefore, this distinction should not be made and the effort vas defeated, A good example of the power of NIKA can be found In the conspicuous lack of success that Philip-Carey has experienced in obtaining Military, Federal, or ASIK Specifications that apply to Careytecp block and pipe covering. Though these products have bean on the market ftrbetter than five years, the first specification for the above has still to be written, FUlip-Carey is not a comber of NIKA, One excuse generally used by the Government specification writers and also voiced in ASIK councils is that Careytaap is the only product of its kind, that it is the only one based upon expanded silica or perlite. Government specification writers and ASUS officials say that a specification should not bo written for a product made by only one mnufacturer. This official stand cannot be acospted, as Foamglass and tfaabestos is made by only one manufacturer} yet each is covered in Military, Federal, and ASIK specifications, and their unique position is not even considered. On the other hand, Pittsburgh-Coming has been a most active member of SHU since the tine of its formation} and Union Asbestos & Rubber Company, the former manufacturer of Unabestos, vas active in industry groups for a long time. One hates to pay "protection" money, but I do not see how we can maintain our position by taking an independent course. FLL/lp cct J.V. Hudson H,L, Huelster AFFIDAVIT STATE OF OHIO CITY OF CINCINNATI, to wit: Before me, the undersigned authority, personally appeared DAVID E. WILSON ., who being by me duly sworn, deposed as follows: My name is DAVID E. WILSON I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: I am the custodian of the records of Eagle-Picher Industries, Inc. Attached hereto are 3 (three) pages of records from Eagle-Picher Industries, Inc. These pages of records are kept by Eagle-Picher Industries, Inc. in the regular course of business of Eagle-Picher, Industries, Inc.; and it was the regular course of business of Eagle-Picher Industries, Inc. for an employee or representative of Eagle-Picher Industries, Inc., with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. Affiant The foregoing instrument was subscribed and sworn to before me this 3/ ^ day o April, 1994. My Commission Expires: Notary Public, State of Ohio Notary's Printed Name: EVA S. MEYER Notary Public, State of Ohio My Commission Expires April 2B, 1997