Document wqBw7pz9oQzr6kyRXXLRzoL84

r r r Minutes GENERAL MEETING Asbestos Textile Institute j LAQ-v* / 10/93 002140 v?l 0004443 PLAINTIFF'S EXHIBIT WV-03437 WV-03437 ze*> * - ' 0 Raybestos Manhattan Industrial Products r "tiwe O'Cuo Unto* 2 Sco'-vcrott S'S<-0 Z>r*c:9f Board of Governors Ascestos Textile Institute 9.0. Sox 471 'lorth Yoric Aoad Willow Grove, Pennsylvania 15090 October 29, 1974 Gentlemen: Please acceot my sincere thanks to you individually and to ycur companies collectively for the elegant Atmos clock presented to me at the Annual Meeting held in Sea Island, Georgia. It is important to me to acknowledge me contributions mas eacn of you ms made during the past two years toward keeping a continuity fn A.T,:. activities. I nope that we are successful in satntalning our organization in same form as there is work still to be done in our small Out vital industry. Carolyn also wants to exoress her thanks to everyone in the Institute. She certainly enjoys the friendships she has made during :ne pas: several years and looks forward to future meetings with anticipateo pleasure. Sincerely ''CS/cob Milton Q. Scowcroft vw <?004450 Asbestos Textile Institute MEMO TO: at: technical committee J* w. Hawkins. Chairman -- Payeestos-Manhattan Industrial Products Company 0. ?. Austin, Jr, -- Uniroyal, Zne, C. S. Sarnveil -- Uniroyal, Xne, J. w. Echerd -- Southern Asbestos Company W, Maaskant -- Ana tex Corporation ?. 0. Wicodemus (ASTM liaison) 32: ATI TECHNICAL COMMXTTSS^ETIHC'' --3/25 iT 9/2 S/fi Please be advised that the Technical Corraittee will hold two meetings during tne ATI 1074 Annual Meeting at The Cloister, Sea Island, Georgia: Extra Committee Meeting Wednesday, September-25th 1:30 p.m to St 30 p.flU Solarium Regular Committee Maeting Thursday, September 2&th 3:30 a.m. to 11:30 a.m. Spanish Lounge or Solarium (signs will be posted) list as a matter of record -- As much as I would like to (and should) s:t in on your Extra Committee Meeting on T?odnasday, 'Z find that I h.v.*e been designated to take minutes at the Ad Hoc Committee Meeting :::zn l:30 p.n. to 3:30 p.m. and, of course, at the Board of Gover nors' Meeting from 3s30 p.m. to 5:30 p.a. However, I do plan to be *.,ith you during most if not all of your Regular Committee Meeting on Thursday morning. Doris M. Fagan, Executive Seers ? j sox .* 002142 asbestos Textile Institute MEMO TOj ATI A0 HOC COMMITTEE CA.C. F. Finkbiner, III, Esq., Chairman) CCPT TO: M. J. Seanian -- Amatex Corporation A. Xutmuk -- Car lock Inc. G. G. Sabrielscn, Jr. -- Nicoiee Industries# Inc. v?. F. Guenther -- Raybestos-Manhattan, Ine. 2. C. Bract -- Southern Asbestos Company 2. A. Morris -- Cniroyal# Inc* 0, 3. MacOermott -- Cassiar Asbestos Corporation Ltd. . A. C. F. Finkbiner, III, Esq., Johns-Manvilie Corporation A. J. Huth -- Lake Asbestos of Quebec Ltd. M. Q. Scowcroft -- Raybestos'-Manhattan, Inc. w. B. Alcorn, Jr.# Esq., ATI Trial Counsel Y. Sato -- Nippon Asbestos Co. Ltd. H. J. Corson -- T9A Industrial Products Ltd. RE? ATI AD HOC COMMITTEE MEETING `lease note that the Ad Hoc Committee will hold its initial meetir.e v:ring the ATI 1974 Annual Meeting at The Cloister, Sea Island, Georgia: Wednesday, September "25th 1:30 p.n. to 3:30 p.m. Spanish Lounge Jo ..is, oi course-, vital -that you attend .the *meeting., not only to .be brought current as to the present status and possible future events the Tyler Litigation, but also to voice your views on how ATI -'^uid best handle potential situations: to have a vote on any recommendations that the Committee may wish to present to the fcoard rf Governors? and to receive benefit from mutual discussion. .`lease be sure to check your estimated time of arrival at The Cloister to be certain you can make this important function. September 3, 1974 0-^7 Doris M. Fagan, Executive Sectu :uv *^000445 p 4 VV P 0 SOX 002143 :ii south Yo*c R^*o Willow Prv" :J K* ' :are 2 *r.nuA.. Testing * .> m r/27 " . ia 1. The It71 Annual `Tasting 5- the Asbestos Textile Institute `was ' o&llec to truer by President Vi Itor. I.'Scowcroft at *00 a.a., . September 27, 1^., ;' .-- * t 2. President 5cowersft welcomed .the'attendees to the 3Cth Annual * ...Meeting cf the Institute and following traditional procedure, asked each spacer to stand and state his name and company affiliation. 2- The following special delegates were welcomed by the President: a) William S. Simpson, Chairman of the Board ar.d Chief Executive Officer, P-sydestos-Manhattar, Inc.; c) Carroll 3. rarr.weil, a r.ew representative of Tniroyal,, Inc.; c; Aaron C. F. Finkbiner,III, Esc., Johns-Mar.vi 11s Corporation: ar.d new Chairman of the ATI Ad Hoc Committee; dJ Hichard 0. Moebius, Saybestos-tenhattan, Inc., Manheia, Pennsylvania; *) Robert J. Much, Esq., American Smelting and defining Company, Ir.c., and it3 wholiy-owr.ed subsidiary, lake Asbestos of ue- f) William H. Johrtston, President of ATI's newest member company -- Atlas Textile Company, Horth Wales, Pennsylvania; ; g) P.otbert 3. Pi leer {ijot in attendance) was welcomed as a new representative in the Institute; he is General Manager of Carlock of Canada Ltd. *Jocn President Scowcroft's calling for the reading of the Minute V* the last General Meeting, it* was moved by Lawrence E. Moody art seconded by Charles 5, Stiefken, and sc carried, to dispense with the reading of same. 2- - reasurer l. A. Morris presented the Report of funds of the T 3tlt ute for the Fiscal fear to August 31, 1971. On September 1 - 7/3 , :h* ATI had a balance on hand of 5X6,115.56. Taking into 3 C CO ur.t ret slots during the year of S29, l6l. GS, expenditures of -u, 231.20 and nominal amounts for accounts receivable and furn: *urs and etuioment. the total net worth of the organisation at year -er.s was 3ll,Co6.?6. he la::r figure is somewhat misleading because included on- in i s a Special Assessment to cover the cost of the Tyler iitis* tior. . The actual net `worth of the Institute is 35,977./o. coking at the projected budget for the new Fiscal .ear, to -gus >1, 1975, the Institute can reasonably expect to generate - r.otme of 515,350.CO frcm annual dues, book sales, bank mte: 3 3C atd other miscellaneous items. However, even with a reans :ack in expenses, it appears the ATX will just about break ever. r r.e:essary discursements are made. ror.fcir.ed with this are additional expenditures which must 02 .aie to :;-r-oJ. cove he Trier Litigation; estimated if ;12,CCC.C0 through February 1975. to cost in the'r.e. a... This will r.cssstts2t"?s lA"" AXI 000 ^H55 > ATX Annua. Mat 9/27/71 a* sedcr.d Special Assessment on the Regular Members. the first % percentage it would hare pail if it has beer, a Class A/Regular Member. It must be obvious to all members that ATI will need aii th financial help it can get toward proper handling of the litigation Within the next few weeks, aii members of the ATI will be receiv ing a letter froa the President of the Institute requesting cor.tri buttons which will be applied against Litigation costs. It is ho^ed. that each member will cooperate to the best of its ability. The ccr.olete Rteort of* Turds*for the ?/Y 1973-/1 is attached to thes't .Minutes. Alex Xusauk moved* that the Report be accepted am presented. The motion was seconded by Guy S. Cabrieiscn, %Tr.,flr:d * sq^vated, unanimously. :* *The Fiber Producers Report was presented by Valter K. Smith, *, having beer, preoared by William J. W. Smith and approved by all member contraries Aof the Committee. Mr. Smith reported that decans for ail grides of asbestos fiber, with the possible exception of certain urouo 7 fibers, remains extremely strong. Although news . aeoouaps reoort some r.ew rebediss 'will be put Into production in the next few ye^rs, there is no indication that.any of the mines `will be producing Group 3 Spinning Grade fibers. The entire Re- scrt .is attached hereto. 7. The membership was afforded the opportunity to view the excel lent film entitled wAsbestos At Work/' produced by the British * Aihescosis Research Council and on loan to the ATI via the Asbestos. Information Association/^orth America. The film covers a variety of work oractices and situations involving asbestos, some textile ar.u seme other, drilling and stripping of insulation, etc. It graphically describes the effective use of dust extraction equip ment, vacuum cleaning, waste disposal, and so forth, and illus trates how oroper housekeeping techniques ensure the safety and health of the worker who handles asbestos-containing materials. *3. Veer, confirming that much of the vital work undertaken by the ' - Institute id accomplished by the Committee*, ..President Scoweroft asked for Committee Reports by the respective Chairmen (a copy of each Report is attached hereto): Air Hygiene It Manufacturing -- 3uel S. Carden, Chairman; < "iter Research It Testing -- Richard A. Kuntse, Chairman; -- Chrysotile Asbestos Test Manual -- Charles S. Stiefken; Technical -- John W. Hawkins, Temporary Chairman. * t rolls wing .Mr. Carden's report, 'resident Scowcroft presented him wi:h.a placue as an expression of ATI's appreciation for tr.e fine ;co he did as Charrman of the Air Hygiene 4; Manufactuning ~:r?............ IAQ-WV ',o/93 002147 ooo^5fc rage - -- ATI Annual I'eetlni -- y/2 womaiccte. Mr. Garden accepted the plaque, giving credit to the tenters of the Committee and stating it had been a clearer* and a privilege to ser/3 as Chairman for the cast two years. *fter the report by Mr. Btiefken, President Scowcroft presented . his with a plaque, oublicly recognising his service as* Ghairsan 0;' the Fleer research * Testing'Coraaittee. especially cited was Mr. Stiffken* s outstanding work on the Test Manual,:one of the most difficult and cine-consuming chores of the ATI. . /* : President scowcroft acknowledged Hawkins* ably acting as Temporary Chairman of the Technical Cotoasittee over the last few ' months and thanked hia for "pitching in" during the interia per iod ur.til a new Chatman had been secured. < ~ Tue to illness, Lawrence ?. Tieringer was ppt in attendance at . the meeting. However, President Scowcroft stated that a plaque . and latter of appreciation would be sailed to Dierlager fof^r ; the excellent leadership he had cerforsed as Chairman of the Ir.- viro mental Health Committee curing 1573 and l$7l. ,-* - + =. President Scowcroft reminded the sembership that the Ad. Hoc. wor.tittae had been established at the last seating to permit *and, ' in fact, encourage a flew of inforaation between Associate Members and the Board of Governors. A report on the initial meeting*of . the <td Hoc Committee was given by A, Xusmuk in the absence of.Aaron Finkbirter, who had to leave the meeting early. The Ad Hoc "ssaittee report is attached to these Minutes. ' 1. Vendell B. Alcorn, Jr., 2sq., presented Remarks of Legal Coun sel. The full text of his remarks is attached hereto. In esseqee. Attorney ilcom discussed one of the significant conges in the relationship between employers and employees, brought about by CSHa r7C; namely, the creation by Federal legislation of a Nation al Commission on State Workmen's Compensation Laws. -1. It was announced by President Scowcroft that the following Cfficers were-elected by the Board of Governors to serve the lr.se.- tute for the year 197L-75: Presidtnt--Alex Kuzmuk, Oarlock Inc. ; * Vice ?resident--Edward A. Morris, tfniroyai, Inc.; and Treasurer-- Mizhael C, Scanlan, Amatex Corporation. 11- ALj.o^ Chairman Scowcroft announced important comnistee charges .he Air Hygiene k 'Manufacturing Committee will be chaired by La^c. : lossy a no the new Chairman of the Technical Committee is Carrot. 3. Barnwell. It was further advised that following a long discus sion bv the Board of Governors concerning possible changes in aTI's committee structure to make it more meaningful and conerr cu te rv. it was decided to combine the efforts of the Air Hygiene h II*. nufsecuring Committee with those of the Environmental Healer. * remittee. The resultant group will be known as the Environmental., font!rtee. In addition, the Fiber Research k Testing Committee nas :ecoma a part of the Technical Committee; however, fur*her.thou^r O a r,i\. u l 0004457 LAQ-WV ` 10/93 002148 \ .'S2 ; A .al Meeting it. President Sccwcroft sadly advised the membership of the death or J. Carroll Johnston, rounder and Chairman of Atlas Textile Com pany. .Mr. Johnston is well recognised as one of the pioneers and early leaders in the asbestos textile industry in the United States. ij>. It was regrettably announced b :atse du Perodo, Perlam Division, .sssociate Membership in the ATI. he President that S.A. Prin ts, Prance, had cancelled its 1$. On behalf of the 3oard of Governors, President Scowcroft an nounced that ATI's Legal Counsel had been instructed to begin the necessary orocess toward incorporating the Asbestos Textile Insti- IT. In the interest of economy, President Scowcroft announced that one Beard of Governors had determined that future meetings of the *TI should be held In large cities. The necessity for the decision, -f course, is based on the serious financial condition of the Insti tute ar.d especially on the extraordinary expenses that will be in curred as a result of the pending litigation in Tyler, Texas. The President expressed sincere regret that, consequently, the ATI rust decline the kind offer of the mining member companies of the Insti tute to host the June 1975 Spring Meeting in Quebec City. That - seeing will be held June 5- -.975 probably in Atlanta, Georgia. Ctrsr sites cancelled are the 1975 Annual Meeting in Ponte Vedra Club, Por.ce Vedra Beach, Florida, and the 1976 Annual Meeting at Savannah Inn k Country Club, Savannah, Georgia. \3. At this point in the meeting the gavel was turned over to *1*:: humtuc, the new Chairman of the Board of Governors and President s: :hs Asbestos Textile Institute, 'fr. Kusmuk accepted the responsi bility with a great amount of pleasure, expressing much awareness cf the legal and financial problems which the ATI is currently fac et. As his first official duty, President Xusmuk presented an .Atmos .I'Sefc r.n .'tr. Scowcroft. in acknowledgment of his two years oi narc LAQ-WV 002149 AI 0304451 Page 6 -- A id. Annual Meeting -- 9/27 4 wcrfc on -nstttuta natters a "* chat he wouua continue a attend ntttir.gs and to support the ATI in any way that he could. 2:. President Xuzmuk's second pleasant duty was to present a token *o? acoreciaoion, in the fora cr 1 lovely terrarium, to "the strong woman" behind a strong leader -- C&rolyr. Scotfcrofr." 14rs. Scowcroft read the note that accompanied tha gift which expressed the* sentiments of the render? of tr.e ATI ar.d - he i r wives. She accepted the gift with pleasure, stating it would be a beautiful addition to their new home in Charleston, South Carolina, 21. The final announcement made by President Xuarruk was that the text *inter ! tee tine of the Institute will be held February t-7, .9? 3. at Hoiiaay -r.n-Independence Kail, Philadelphia, ?ennsylv*-~-a* ' '' '.t'i'v'"' There being r.o further business to be brought before the mesbersr.io, I. A. Snorris aoven for adjournment. The motion was seconded iy 'A* J. 5cardan and unanimously approved by the attending members. The meeting was adjourned at 1C:30 a.a. Respectfully submitted, . fft)\ d/aj cun Doris K. Fagan, ^ executive Secretary wQJ02I50 10/93 JTX ?00445f asbestos Textile Institute MEMO TO 5 R. A. Kuntre, Chairman, , fiber Research * Testing Committee J. tf.. Hawkins, Chairman, Technical Committee 3. S. Carden, Chairman, Air Hygiene k Manufacturing Coanittee L. ?, Dieringer, Chairman, Environmental Health Coanittee ccs M. 0. Seoweroft, ATI President W. B. Alcorn, Jr., ATI Legal Counsel RE:' COMMETTSS REPORTS TO ATS GENERAL MEMBERSHIP Following past procedure, please plan to present a Report on the activities of your Committee at the General Meeting of the Asbestos Textile Institute, to be held: Friday, September 27, 1574 -- Solarium 3:30 4.B. -- 11:30 a.m. The Cloister, Sea Zalsnd, Georgia. Committee Reports ere scheduled on the Agenda at about 5:00 a.m., immediately following the presentation of the fibre .-Producers* Report. Also, please see that I receive a copy of your Committee Report for inclusion with the Minutes of the Fail 1974 General Meeting, Thank you. LAQ-WV 10/93 002144 Doris M. Fagan, Executive Secretary 'ATI 0004453 <* - A SS?e-*4 --7- -- -ve--,wy Annual Seeing ectanier 27, L97L -a scar, Sea Island, Georgia amat A wArwR* i-L*J w, Maaskar.t X. J. Scan!an Waiter m SA3LCC3C INC. A ;<u J25UX JC. . Gabrielson, `OS-MANHATTAN, INC. Srocks Dolan *. Hawkins vat thew 3 Us tfoebius ;.r Scowcroft V 3. Simpson SOUTHERN AI32ST05 COMPANY 2. C. 3ratc D. 2. Childers J. V. Lcherd L. 2. Moody NIRCTAL, INC. C. 5. larnwtll 2. 2. Carden 2. A. Morris * AS3S3T05 COP.FORATICK LTD. 0. F. A. Brink ?. 2. Declare ATLAS JTSXTZL2 CCM?ANT +W. H. Johnston 3SLL AS32STCS JCNSS LTD. W, H. Smith CANADIAN JOHNS-MAN7ILL2. CO."LTD. A. C. F, Finkbiner,III, 2sc.(vVT J. ?, Power CASSIAK ASBESTOS CORPORATION LTD. 3. A. Kuntte (Ontario Research Foundation) LAKE ASBESTOS Of QU23SC LTD. 2. A. Farrell R. iefebvre 3. J. .Muth (Asarco) C. 2. Stiefken (Asarco) T3A INDUSTRIAL FRO DUCTS LTD. H. J. Corson, Jr. AS82STC3 TSXTILS INSTITUTE *W. B. Alcorn, Jr.,$sq., Legal Counsel (Hull,' TowiTL, Horman, Sarrett 4 Johnson) D. IU Fagan, Executive Secretary Total attendance during the three-day 197L Annual Meeting was tv tsoole: 31 members, l legal counsel, l secretary and 17 spouses; representative ol L3 member companies plus the ATi. *71 OJMMyf ' LAQ-WV 10/93 002145 -f a- i*r * i- a* i5 A3 -rmiirs l :^:r,?ASTV?,l>iG cc^rrn Asbestos Textile Institute September 26, lb?- -- The Cloister, Sea Island, lecrg: 'he ATI Air Hygiene k. :<anufacturirg Comntttee met cr. September 26, .*71, with sixteen members and guests present, representative ox" tir.e Institute member companies, i.e.: Anatex Corporation K. r.. .va.ter Atlas Textile Company V. H. v'ohrston Canadian Tchns-:*ar.YiLls Co. ltd. A. :. rir.Atir.er, III U-MJ J. ?. Power Carlo ok Ir.o. A. Kuzsiuk lake Asbestos of Quebec Ltd. i. a. ?Taa ---1 1 3. LaiVsvre J. :tutn Usarco) Saybestos-Manhattan r Inc M. Brocks o nj. Tela; :*.'** 3. T. :<atthew X. 0. .'foebtus Southern Asbestos Contrary 2. C. 2ratt L. 2. :tocd7 ?3A Industrial Products Ltd H. v. Corson Ur.iroyal, Inc. B. S. Carden assistance and cooperation, the employees worked with management an wsrc able to reduce she dust counts to a point low enough, :or a ->riod of three months, so that it was permissible for the workers to-remc-re their respirators. ;/:** due consideration and a full discussion, the Committee res- -estfully submits the following recommendations to the ATI Soars *f Covemors for further action: - sI Zr. order to improve the time-weighted average, it is tne Committee's recommendation that a different method be used to ootair. dust samples, i.e.-- a! >. the taking of dust counts, the filter intake valve snculd be placed ir. the breathing zone area; *"*X 0004461 LAQ-WV JO/93 002153 .3age 2 Minutes/Air Hygiene k -'Ssnufsecuring Committee - y/26^i b) Bustcount checks or a average should be based en a number of 1/2-hour checks over an 3-hour period; 2) Audios*trie readings should he used to determine noise levels. 1. 2, Mood/, a member of the Committee, presented a comprehensive and informative report on the work X the Standards and Technical Committee of the Asbestos Information Associacion/.Vorth America. a written account of his presentation is affixed as Attachment I to this Report. firing the past two years it has bean a real pleasure to serve as Chairman of the Air hygiene 4. >knufsecuring Coasaittee. I had an outstanding group of people with which to work and my thanks go to the Committee and to the ATI for their fine interest, help and cooperation. Hospectfully submitted, Buel E. Carden, Chairman AQ-WV 10/93OOS154 A*. .T. I CO04463 9/26^- 'A -X A ns:: m wv. a>a , Prepared and Presetted by Z. 2. Moody, Southerr. Asbestos Company late in 197;, the Soar5 of directors of the Asbestos Informs cicr Associatior/Nerth America decided to fora a committee to assist tr.es in attars concerning Standards ar.d technical information. Accordingly, Idr.ur.d M. Far.r.er, of Johr.s-Mar.ville Corporatior., was assigned to chair the Committee ar.d each AlA/ifA member company oesognatec a representative to serve as a Corneattee member. a Committee Crgsriracior Meeting **s called by Mr. Ferrer for Feb ruary o, 197-, at Newark, New Jersey. At that gathering, the first major assignment was given to the Committee, i.e., working with the *;.S. Tccutaticr.al Safety and Health Administration; and more speci fically, working directly with the Standards Division of OSHA con cerning Standard 1910.93a -- the Asbestos Standard. The assignment was to ir.cluse the preparation of "Work Practices" for the asoestos incest ry.* The responsibility of preparing "Work Practices" for the asbestos textile* industry 'was assigned to larry Moody, with assistance to be giver, by Z. Kennedy, the representative on the Committee from naysestos-Manhattan, Inc. At the February 197- meeting of the *stestes Textile Institute, held at Charleston, South Carolina, assistance was also solicited from Hans H. Walter, of Aaasex Cor pora: ton, ar.d from Sue! 2. Carden, of 'Jrsiroval, Inc., to prepare mformat ton concerning asbestos textiles. Since Mr. Kennedy and .'!r. 'foody were geographically located near each otr.er (Charlotte and Monroe, North Carolina), they met hrieflv cr. two occasions before* calling together the grouo of four at rharlt.t.ta m .refcnury Z$t 1971. They soon learned that although trey all had departments called Preoaration, Carding, Spinning, Twisting and Weaving-Departments, there were substantial differ ences in each area. They, therefore, orepared a "Hecommendec Work Practice," very general in nature'but one that was adaptable to all methods known to be in use. Mr. Fenner coiled a four-member Tack Troup meeting in the offices aIA/NA, a: Washington, D.C., on April 9-10, 197*.. The four tr ot virus Is concerned were .Messrs. Fenner and rtoody, John ?. Mr -true/ VOf. * C00446f LAQ-WV 10/93 002155 :'.ir.u:*s/Air Hygiene :!ar.uf*ccurir.? Comal t cm - 9/2/~?.e: Standards and Technical Ccrtnittee, AIA/NA of Certain-teed ?reduces Corporation, and Prank <H. Cinr.emar. of National Gypsum Company. The Task Croup discussed progress to date concerning the ore oars cion of the "Work Practices." On the next cay {April ICth), the Task Grouo met with .John ?. O'Neill ar. Harry Gilbert at the CSKA Standard Office. (Hr. O'Neill is Chief of the Givi sion of Health Standards. Hr. Gilbert is the Project Officer in charge of the Asbestos Standard.} The pur test of the meeting was to review progress and to submit, t M~. O'Neill rough drafts of six typical "Work Practices'* for'hi3 review and ccrr.ent. It was understood that this was only rough ota:srial ar.d was not to be considered as "submittad'* work. Any werk cr material submitted fozttally would require the approval of the A1A/NA Board of Tirectcrs. Basically, the Task Croup wanted know if the material it was working on would be useful ar.d was th tyoe of information that could be incorporated into standards, if it*were orepared in the proper manner. At the time, OS HA was con tenclacing a conolete revision of the Asbestos Standard 1910.93a, cr at least was gathering all available information to that end. Another meeting was held April 21th in Washington, D.C., attended oy the entire AlA/NA Standards and Technical Cowaittee and by :b\ Gilbert. (Hr. O'Neill was ill at the time.) At the start of the (Arl/CTCJ suit. This court decision vastly decreased the emphas1 or. *TV/ork Practices.** The Asbestos Standard 1910.93a had been upbelt. ?.ewriting or revising the Asbestos Standard is not now deemed aivi3able. There may be amendments made to thne Sotanadarda, such as a reference to "Work Practices/' that would apply to all segments c the ascestcs industry -- housekeeping, entering fiber to process, waste or scrap disposal, etc. The A!a/NA Standards and Technical Committee will proceed^vith t.t tretaration of "Work Practices" on a recommended basis, an trstability the writings will be recognised and'or recommended cy :SHA, but will not be mandatory. It is possible that where a re cognised "Work Practice" is in use, less monitoring would be required. Turing the most recent meeting of the Committee, on September IT: again hell in Washington, O.C., a review was made of all written N 002156 I fl<%' . j. JL COOU 63 Acta:r=er.: : - ri0 ; Clnuces/Air Hygiene k Manufactu P.e: Standards and 'Technical Ccm 2 Committee - 9/26/ ?1 tee, XZxm material, re cscner.dat tons, etc., that it had submitted to dace. I: was reaffirmed chac the Committee would continue with "Work rrascises,'1 in line wish rocedurts and methods of manufacturing astestes-containing reduces and eo provide information fer cus- ::=rs or users of asbestos-containing produces. The Connieeee was invited eo remain in D.C. eo aeeer.d the Ir.duse: VGovernment Conference, soonsored by the AIA/KA and held ac ehe :^7:lower, September 11-12, 19?^. The format of the Conference was a 3 e ries of speakers, with question'ar.awtr periods following each presentation. The speakers included.* The Hon. John H. Seer.der, Assistant Secretary of tabor (CSKA); Shelter'J. Samuels, Industrial Union Department UT1/CI0); leo Tepiow, Special Consultant, Crganizaeion Resources Counse lors; Paul Xeti.n, M.D., Johns-Manvilie Corporation; Ian C. Campbell, Quebec Asbestos Mining Association (and Vice- President k Secretary-Treasurer, Asbestos Corporation ltd.3; Michel lesage, M.D., Medical Advisor, QAMA; Maurice tastin, Special Consultant to the Adainiserae duserial Affairs), U.S. Environmental Protection Agency; Daniel ?. Boyd, ?h.D,, Director, Office of Standards, CSHA; Lloyd S. Tepper, M.D., Associate Commissioner for Science, cd and Drug Administration (HSW); Robert Join, executive Director, Chambre Syndicale de I'^aian ce (The Trench Asbestos Information Association); Vilfrsa ?. Howard, Asbestos Information Committee iV.X.) (and Croup Public Relations Advisor, Turner & Mewall Ltd.); 'sl W* Hendry, Vice President and General Sales Manager, A si es- tes Tiber Division, Johns-'tanville Corporation; Richard 3. 3erman, Director of Labor Law, the Chamber of Coa- r.errs cf the United States. `hers were many interested persons in attendance at'the 'Confersnce, sorssenti.tg other than the regular a!a/?JA membership, i.e.: a/C Rise Producers Association /-.S3ISTC5 Magatine Asbestos Textile Institute Cadwalader, WicAersham k Taft Commerce Clearing House, Inc. rra.tjc C. Trants it Company friction Materials Standards Institute Government Research Corporation LAQ-WV10/93 002157 "ex eeou,;* 3 .*1 nuts aAir Hygiene k Manufacturing Committee - 9/26/7i P.e: Standards and Technical Cc=sittee, AXA/ttA Hill and Xnowiton, Inc. Job Safety and Health Heport National* Association of .`liter Manufacturers, Ir.c. Asbestos Information Committee (U.K.) Chaa'crt Syndicale de i'Amiar.te (France) department of the environment (Canada) Quebec Asbestos .Mining Association Si- k.' V.3, Bureau of '-tines, department of the Interior, dteartner.t : Labor, Snvtroriental Protection Agency, Food and Drug Adminis tration, Occupational Safety and Health Administration -- and several members of the Press. ' .& The Conference was the first of its kind. It was, beyond question, a successful venture and it is hoped that meetings of this type can form a common ground whereby industry, Government and Labor can define the problems they share and provide the possible means toward establishing "working8* answers. 0004467 LAQ-WV ' 10/93 002158 A +4 A Assesses Textile Institute ?.s ported to the General Membership or. September 27, Xucmuk {Garlock Inc.) for the Chairman, Aaron C. ?. isr. Uohr.s-Manvilie Corporation}, 9?l> by Alex irkbir.er, ITT, The Ad Hoc Committee for the Tyler, Texas, lawsuits convened or. Wed nesday afternoon, September 25, 1974, The meeting was chaired by .-.aren r inkbir.ar ar.d, of course, the status cf the Tyler cases was t.-.e principal itea on the agenda. -A report froa Wendell 3. Alcorn, Jr., ATI*s Trial Counsel in the Tyler =a*>, was subcittco to the Committee ar.d formed part of the basis o** the discussion. As you know, the Tyler cases are two lawsuits in which ATT is...one of several cefendar.es, Specifically, ATT is charged with ''impeding the flow of information11 about health hazards associated with the industrial use of asbestos. ATI has denied the claims of the plain tiffs and also has taken steps seeking to have ATI dismissed from the suits on the ground that the Institute is not subject to suit m Texas.* In July the Court in Tyler held oral arguments on several ratters of court srocedure. Attorney Alcorn act u-.fed the sessions. The Court recognized that the cases could bet^re suite complicated and, therefore, will issue an order shortly cnncera'ir.f the procedure to be followed in the cases. In the meantime, the Court has entered a stay order, effectively halting ail p-jecdures in the cases. Cr.ce the Court hag entered its order on procedure, there ars two tending motions awaiting determination. irst motion which will probably be decided is the notion by c t e plaintiffs to have the case proceed as a class action, with plaintiff acting as the representative of all former workers at e Tyler plant. The next motion for consideration is ATI's motion to dismiss because ;7I is not suoject to suit in Texas. Vt believe the Court will al low plaintiffs some discovery (that is, steps taken to learn facts r.eld by different persons -or organ!daiidas) -on this .question^ Tt was the consensus of the Ad Hoc Committee members that if a deposi tion (oral questions and answers taken under oath) of ATI is scurr.t, the executive Secretary of the ATI would be an appropriate witness. A ruling on these motions may not be forthcoming until the end o: 1971. v/endell Algorn will keep the Ad Hoc Committee posted on all significant developments. *t. the close of the meeting, the financing of the Tyler Litigaticn^ was discussed. The topic received further consideration oy the * .. Teard of Governors. It was decided that a second Special Assessme cn the neguiar Members of ATI would be appropriate and that Asso ciate ."enters would be encouraged to contribute in a like manner. *rr C00447C LAQ-WV 10/93 002161 T* Aatestc .exttls .nstitut Annual Meetinf September 27, 1571; The Cloisze , Sea Island, Georgia this f.ar the legs g, I wish to tall your attention to a recent change in elatisr.ship among employers, employees and third parties ~ 197C, the Iccupatior.al Safety and Health Administration was your companies _A vc?.:C3>ns cc:t?r::sATio^ nere is another aspect, however, of the CSKA legislation besides iters such as inolar.o inspections, safety standards and asbestos oust exposure regulations. The 1970 federal legislation created a rational Commission on State workmen's compensation laws, mat Commission has made a study of workmen's compensation laws throughcut the 50 States of the Union and has come up with a final report> "he Commission's report is not merely a piece of* caper. Various State legislatures ire changing their workmen's compensation laws ;r. the basis ox" facts and recommendations contained in that retort. m.e of the States that has acted is Texas. The reason I focu3 on Texas is because much of the asbestos-health-hazard litigation has xaer. initiated in the State of ?exa3, has been decided by courts tn Texas, and one of the lar.dnar< cases which was decided adversely to tn# Industry has been affirmed on appeal by the tf.S, Court of Ap peals for the "ifth Circuit, which sits tn Mew Orleans. The Texas law governing compensation of employees for injuries sus tained cr. the job and for occupational diseases contracted in conntetter with their work was changed substantially for the first ttre since it was enacted in 191J. -iany of these changes are irrel evant i.s the context of the Asbestos Textile'Institute, 'but 'hers ?re certain pertinent ones which we shall review this morrdr.r. :r.e major change was the broadening of c t* coverage of ch Vexes i.rrkmer.'s compensation statute. for cxs.vjIc, uacir prior *':*us law companies having no more whan three earlsyvcs were not co.**::t. Veil, that is no longer so. Also, employees of State agsn 1*3 ant edit its! entities were not covered. The*/ now can be. *o & n substantially increased benefits under the work ' s w. An example: The maximum weekly benefit has w e n 0004471 002162 !csr:<s cf |3- runs., ar.r;al . sting - ?/Z' raised to 363.CO while the minimum weekly benefit has teen irtreas ed to 315.s-0. Cf perhats zreater lenr-term sianifisar.ct *s -w* fact that there has been built into the Texas workmen's compensa tion law &r. inflation factor who oh 'will result ir. higher maximum and minimum weekly benefits as the Cost of living Index rises. There is cr.e very taper tart change that is d _ of our stec- ial attention. Tier to coae^p-ate^swcae-.r 1, *973, the insurance carrier, (tr.at os, tre or.e with whoa the individual manufacturer or other type of business has its workmen's compensation insurance), had the right to choose the doctor ar.d the medical facilities which would treat an injured or diseased employee. There were certain limitations which affected the right of the insurance carrier to make this choice -- for example, the worker had the right to choose a doctor to render first-aid in an emergency situation^' out, generally, the sole choice lay in the insurance carrier.' in ner the Texas workmen's compensation statute, as now amended, t.ts employee has the "sole right1' to choose the doctor and the sect cal facility. v. That's all well and good. However, there has been much criticism raised in the halls of the Texas legislature to the effect that the employee's new right to choose will encourage the prolifera tion of what are, perhaos unkindly, referred to as "plaintiffs' doctors*'. The Texas legislature also enacted significant changes in that State's compensation laws with regard to third-party actions, third-party action is like the lawsuit in which ATI is involveTyler, Texas. It is an action r.ot against the worker's employer but against a third-party entity -- such as a miner that supplies asbestos fibers to a production plant in Texas; suer, as a trace association like ATI which the worker claims impsded the dissemi nation of information about the health hazards vf working with asbestos. Before Seotember 1, 1973, an employee who allegedly had bean harmed by such a third party could not pursue simultaneously an art:.or. against his employer and the third party. Now he con zz s He tar. orvtrg a -workmen's compensatvort claim against -his employer in Texas to be decided by the Industrial Accident Board and, =: the same time, he can file a third-party suit in the Texau listrict Court or the federal District Court if the Juried: tier. is appropriate. The third-party action would probably seek Jimages far beyond the maximum recovery cllowed by the Texas wcrxm^n's compensation statute. This has affected the time when an aggrieved worker must * lawsuit, vf.der prior Texas law, the worker could file a compensation claim, wi h the Industrial Accident Board, wai C004472 UQ-WV 10/93 002163 rage 3 ar.< s -eg*. wCU??**; ft that claim ** adjudicated (chat is, finally decided! and then, within two years, sue the third party -- the person who supplied the flier,*or the trade association, or whatever other entity might he connected with the particular industrial accident or oc cupational disease. The reason the employee had to sue within two years is that the general statute of limitations in Texas that governs the time in which one aust bring suit after he has suffer ed a perscr.ai injury is two years. The effect of this on companies doing business in Texas' is that a worker who .now files a compensa tion claim in Texas and waits until that claim is finally adjudi cated, which say take over two years, and then seeks to bring a third-party action against a supplier, for example, is subject to being barred from pursuing that case by the applicable statute of * *< -- a * < ' v,fxn;flk. It is possible under the new Texas law, which is not too dissimilar to compensation laws which have been adopted in ocher States, that the worker may sue a third party and choose not to claim against his employer. If the worker has already received compensation benefits from the employer's insurance carrier, the insurance com pany may be subrogated to the rights of the worker in the thirdtarty action. Let us say, for example, worker John Doe had hie arm severed in an industrial accident. He brings a claim for sta tutory workmen's compensation, which is allowed. He then sues the .manufacturer of the machine that had the nerve to cut off his ana. He claims the machine was poorly manufactured and did not ir.eor- of the machine. There is also an obligation under the new Texas legislation for compensation insurance carriers to undertake "loss prevention ser vices". I predict that anyone doing business in Texas, or in another State that has adopted a similar provision, will learn cbout this tr. the very near future (if they have not already done -0}. The Texas Insurance Code., in conjunction with the Workmen's Com pensation Act, has been amended to require carriers to provide accident prevention facilities as a prereduia*td writing insur ance in the State of Texas. This includes educational programs which the insurance companies must offer to insured employe*s-`and present to employees through field safety representatives. The State loard of' Insurance of Texas has authority to enforce this requirement against the insurance companies. I think particularly in'industries such as those producing asbestos materials %nd asces- tos products, insurance carriers are going to be very careful to oresent what they view as programs to help prevent occupational uiseaso. The individual companies who operate tr. States .-........ S* '`*0*473 LAG"WV ' 10/93 002164 rags - rearxs of legal loursel - -- a-* :tseeing - 5/2?/-. that adopt this approach are possibly going to be at odds with aooa of the presentations which ars prepared by insurance carriers. The term "occupational disease" has been redefined in the Texas workmen's comps nsa tic a statute, pursuant to recommendations by the previously mentioned CSKA Commission. Under the old Texas statute there were listed approximately 31 different occupational diseases (and, inetdentially, asbestosis is one of them). The amended de-inttion is open-ended and, :herafore, is subject to broad inter pretation. :jo -sr.ger is there a list of specific occupational diseases to which an employee must refer in order to file.a data for workmen' compensation benefit Occupational disease is now defined as In eluding "damage or hara to the physical structure of the body.r, occurring as a reaul t of repetitious, physical, trauaasic a'ctiri- ties extending over a period of time." This means that anything which occurs in the workplace long enough that has any adverse, physical effect uccr. the body is compensable 'under the workmenr s compensation statute . This, at least theoretically, does away with the recuiresent , which existed under the old law governing workmenrs ccmpensati on cases, that the employee prove that the alleged occupational disease was the result of an "accident*/'- II. COMPARATIVE HE0II3?tCS There is another subject I would like to address in addition to workmenrs c mpensation. It is directly related to the cases pend ing in Tyler. The date September 1, 1573, has a good deal of significance for Texas lawyers .because many legislative changes became effective at that time. ' In addition to the changes in the workmen's com pensation statute discussed previously, the State of Texas did /way with the doctrine of contributory negligence. In the area of tort law, the doctrine of contributory negligence .*a,3 dsyalopad..in Xnglaad .many year*.ago- Xsaaiti-ally^ the doc trine 3ays that if an injured person who comes to the court as olair.tiff is found to have contributed to the harm of which he iexplains, he is guilty of contributory negligence. Under the old English common-law viewpoint, it is somewhat analogous to saying that the plaintiff has **unclsan hands" with respect to the parti cular accident -- and therefore should not be able to recover any of his damages from the defendant. That remained the law in Texas until September 1, 1973, when Texas adopted the doctrine o: comparative negligence. 0004474 LAQ-WV 10/93 002165  ?i|9 $ - :.sa.-;<5 of Counsel - a.* Anr.ua- _ _ 2 /- ** > The practical application of comparative negligence, among those ex the various States which adopted it, varies greatly. There are several versions of comparative negligence statutes. Texas enacted a modified comparative negligence statute and adopted a relatively conservative approach, compared to some other States. Generally, the Texas Statute provides: The plaintiff, in order to recover any damages, trust be found to have been r.o more negligent tnar. the defendant. That is, if both the plaintiff and the defen dant are guilty of 5C5 negligence, the plaintiff can still recover. -- * plaintiff is 515 negligent {and bear in mind that this is usua--y a question far the jury) and the defendant is only 19*5 neg ligent, the plaintiff is barred from recovery. Heaeaber ohe.ccamcr.law doctrine of contributory negligence -- if the tlaintiff 'sVaf If? -negligent ar.d the defendant 995 negligent, the plaintiff -was barred trcm recovery. So the adoption of comparative negligence i3 a big Where there are multiple defendants in a Texas case, such as the Tyler litigation, the plaintiff's negligence (for example, if he failed to wear a respirator after he had been Instructed to do so), in order for him to recover, cannot exceed the combined negligence of all the defendants. If the plaintiff Is awarded judgment against several defendants, each defendant must contribute toward satisfy ing the judgment in proportion to the percentage of his causal neg ligence. For example, assume a plaintiff is found to have been negligent in the cause of the subject accident; Defendant A was 155 negli gent; Defendant S 155 negligent; and Defendant C UQ% negligent. In this hypothetical situation, the plaintiff could recover ar.d Defer,cant A would be required to contribute 155 of the actual dam ages suffered by plaintiff, Defendant 3 155, and Defendant C i,C3. If actual damages to plaintiff were $5u,000, Defendant A would have to contribute $7,SCO, Defendant 3 $7,500, and Defendant C 520.CCO -- making a total of $35,000. The plaintiff could not rscover the remaining difference ($15,000 between actual and award ed camages.) due .to .his 305 causal negligence. This does not mean, however, that a defendant's liability for dam ages to the plaintiff is necessarily limited to his percentage of total negligence. The Texas statute retains the common-law rule that defendants are Jointly and severally liable for the entire amount of the Judgment awarded. However, the statute contains ar. important exceotion: If a defendant is less negligent than the plaintiff, he is liable only to the extent of his individual neg ligence. This exception to the general rule of Joint and several liability of multiple defendants does not apply in cases where the more LAQ-WV 10/93 002166 in **04475 ?ag 6 - Heaarks of legal Counsel - ATI Annual Meeting - 9/27/71 negligence on the plaintiff's side is less than that of each defen dant. Obviously, the recent adoption in Texas of comparative negligence nay have important significance for ATI as a defendant in the Tyler cases. We shall continue to keep you advised as developments in those lawsuits occur. Haspectfully submitted, Wendell 3. Alcorn, Jr.,Legal Counsel ' . utfSm.jV . LAQ-WV10/93 002167 eoo44?e