Document zzvOmy9KR5BLZQ0veXNpqK7G7

460.0 w-e-rtrw* PLAINTIFF'S EXHIBIT SWB-8 December 10, 1986 ASSISTANT VICE PRESIDENT-REAL ESTATE MANAGEMENT AND TRAINING: This is in response to your letter of November 24, 1986, asking whether the scope of responsibilities of Air Conditioning Specialists and Building Mechanics include the removal of asbestos encountered in Company buildings in connec tion with routine maintenance and emergency repair work to building systems. The answer to this question is "Yes" in that it is incidental to the nature of the work assignment itself. As I view this matter, though, the number one issue here is--or should be--the safety of our employees. That's been our credo over the years and it still is. Your letter states that the Headquarters Safety organization recommended, only four months ago, that our employees should not perform any asbestos-related work and that you adopted this recommendation. Your letter fails to state that the Headquarters Safety orga nization has since changed its views or that you have attempted to convince that organization to do so based on specific safe guards that would be taken to insure employee safety. Article XXV, Safety, of the 1986 Departmental Agree ment provides, in part, for a Company-Union Safety Committee. This Committee has been quite active over the years and has discussed and acted upon a range of topics, one of which has been asbestos. I have attached for your information a copy of excerpts from those joint meetings where asbestos was mentioned. In November, 1983, employees at the Prospect office at 2317 South Grand in St. Louis expressed concern about asbestos to the Union and the Company when a mechanical con tractor removed some ceiling tile to inspect duct work. Most recently an issue over exposure to asbestos contamination arose in Indiana Bell; the attached CWA Newsletter describes the situation, including steps taken by the Union. Based upon the above, there is no question in my mind that the Union will be greatly interested if we begin to assign employees to incidental asbestos removal. I feel that prior to any such assignments this matter should be discussed in one of the above-mentioned Safety Committee meetings. I believe a representative of your Section and the Headquarters Safety organization should be prepared to explain and demonstrate to SWBT 000975 the Union representatives that such assignments--by virtue of the procedures and practices established, the protective clothing provided, and whatever else--are safe if performed properly. Prior to such meeting I feel it would help to have an internal "dry run," with a representative of my staff present. General Personnel Labor Relations Attachments CC: Mr. Rahoy Mr. Metz Room 1903 1904 * JER:emc Assistant Vice PresidentLabor Relations SWBT 000976 Minutes of Meeting Company-Union Safety Advisory Committee October 14, 1976 MEMBERS Stanley Hubbard Ken Wiley Pertie Mitchell (for Donna McClain) Bud Dailey (Chairman) Bernice Grierson David Metz CWA - St. Louis CWA - San Antonio CWA - St. Louis SWBT - St. Louis SWBT - St. Louis SWBT - St. Louis Items of Discussion: 1. Mr. Wiley will coordinate with local management on power line safety hazards involving the Central Power and Light Company in the Rio Grande Valley. 2. Mr. Dailey reported on the status of heat and ventilation in Repeater Huts. Where power points exist, ventilation and, in some cases, air conditioning exist. All Repeater Huts are heated. If any specific problems exist. Management will be glad to review the situation. 3. Reviewed the latest Safety memo which is issued quarterly. Discussed item on base line studies performed by industrial hygienist. The tests included studying fumes and sulphuric acid mist emitted from battery acid; vinyl chloride monomers in storage areas, cable vaults, etc.; and carbon dioxide and asbestos fibers. All tests indicated results well in safety limits. 4. Reviewed the fatality at Pflugerville for Mr. Wiley's benefit. No tests for pole soundness were conducted prior to the victim climbing the pole. A pole prod test would have indicated that the pole was rotten. 5. Discussed the use of safety slogan stickers. 6. The Union representatives voiced a concern that productivity could contribute to accidents. Mr. Dailey pointed out that high objective productivity levels and adherence to the acci dent prevention plan are compatible. 7. The Area Safety Supervisors have been provided with a list of available films, slide talks, etc., for use in the various departments. SWBT 000977 UNION-MANAGEMENT SAFETY MEETING 12-15-78 Attending: Howard Pyle Pertie Mitchell Stan Hubbard C. J. Dailey Bill Sorrell Polly DeHaven D. L. Metz Local President, Austin, Texas Vice President, St. Louis, Mo. CWA, District No. 6, St. Louis, Mo. Support Services, Genl. HDQ, St. Louis, Mo. Support Services, Genl. HDQ, St. Louis, Mo. Operator Services, Genl. HDQ, St. Louis, Mo. Labor Relations, Genl. HDQ, St. Louis, Mo. 1. Mr. Dailey reported on an accident that occurred on Novem ber 21, 1978, in Kansas. Two Splicers were involved with cable pressurization work and were working in a manhole. One Splicer was overcome due to an oxygen insufficiency in the manhole. The other Splicer and two non-employees removed him from the hole and rushed him to a hospital. He is still in a coma. His vital signs are stable and brain wave readings have improved. The chances of brain damage, however, are high. Safety violations were involved in the incident. 2. Safety statistics through 11-30-78 were reviewed. (See Attachments 1 and 2.) Fifty-two percent of the 1,447 oc cupational accidents that have occurred have been falls. A new, small paper caution cone was exhibited. It will be used for office environment situations. Motor vehicle accidents; slips, trips, and falls; and sports activities contributed to a high number of off-thejob accidents. Slips, trips, and falls along with pole climbing accidents are also high contributors to occupational accidents. 3. The Union reported that they wrote all local Presidents regarding the pole climbing study. They encouraged partic ipants to be honest in reporting the details of accidents. Management again assured the Union that the Company will not see the detailed reports. The results of the study will not be known until at least mid 1979. Mr. Hubbard provided Mr. Dailey with a copy of the Union's letter to the Presidents. (See Attachment 3.) Mr. Hubbard also suggested a study be made of non-occupational accidents. The Committee questioned the validity of results from such a study. 4. Back injuries are a serious problem on and off the job. Occurrences of this type of accident have mushroomed. SWBT 000978 5 25. Environmental Testing - Mr. Dailey and Mr. Sorrell attended a Bell Labs School in order to learn to use environmental test equipment. When they find a problem, they refer it to Bell Labs. Tests are made for ammonia, carbon monoxide, lead, dust, asbestos, noise, etc. 26. Mr. Dailey reported that Mr. Barnes never fails to cover safety. (See Attachment 4.) 27. Motor Vehicle Accident Rates - (See Attachment 5). 28. President's Health and Safety Award - (See Attachment 6). 29. CPR - (See Attachment 7.) 30. The Central Office and Exchange/Toll people are now covered by the Bell System Accident Prevention Plan. SWBT 000979 UNION-MANAGEMENT SAFETY MEETING August 23, 1979 Union Stanley Hubbard Ken Wiley Wiladene Bartels Management Beverly Bellville Ralph Eberhardt Bill Sorrell Dave Metz 1. D-Encapsulant AT-8735 - The original case evolved in St. Louis. There are now others with skin irritations. The Union sent this compound to their OSHA expert in the Washington office. He had it analyzed at two universities. The main ingredient was found to be isocyanates. A three-gallon can is used in the mixing process. When mixed, the fluid is poured into holes provided in the bolt on sleeve. (See Attachment 1) The Washington office sent a letter to all local presidents in the United States warning them of the danger in using this compound and asking them to fill out a form which is included. After all forms are received back, the CWA intends to go to OSHA on a national basis. The Company provides small throwaway gloves when using this compound. They are inadequate since they don't cover the forearm. There are also dangers in inhaling the fumes when the compound is mixed. It must be mixed at a 35 temperature. This means they must mix it in the cab of the truck with the heater on in cold weather. Management reported that this compound has been in use since the 50's. If poured properly, it should not spill on the body. Many employees do not use gloves. The Bell Labs report was distributed (See Attachment 2). There will be a few people who suffer a reaction. In these cases they should be placed on other jobs. Mr. Wiley advised that Texas Management says they are no longer using this compound. A check on this indicated there is some confusion as to whether it is being used. Management will refer the Union's technicial analysis to Bell Labs for further study. 2. Lead Standard Training Program - The Department of Labor and OSHA conducted a program in St. Louis on August 9, 1979, with the CWA in attendance. The Union does not feel there is a lead problem associated with Telco work. Some employees, however, are concerned. SWBT 000980 2 Lead standards will be implemented on a five-year transi tional basis. The measurement is the amount of lead present in the blood. Management indicated that the Bell System is currently making extensive tests to determine if there is a problem in the Bell System. To date, tests indicate we do not have a prob lem. An encapsulant will be introduced shortly to minimize the dissipation of lead particles in the air when a carding brush is used on lead cable. Southwestern has used nonlead cables for a number of years. The only contact today would be the repair and wrecking of lead cables. Southwestern Bell has conducted one test which proved negative. Mr. Hubbard asked that the Company conduct more tests and make the results known to the employee body. He also sug gested that the Company make tests when requested by an employee. This is required by law. Management agreed to check on the feasibility of conducting further tests. 3. Employee Protection and Safety - The kidnap/rape case in St. Louis and murder m Corpus Christi were discussed. The Union said the Company in the St. Louis case was quoted as saying, "We can't do anything about this since it may create a precedent." The St. Louis employee has suffered several days of lost pay because of meetings with the police, doctors visits, court time, etc. This is presently in the grievance procedure. Protection around Company buildings and in park ing areas is a real problem. The Union suggested special training to acquaint employees with precautionary measures. Management reported that such training is already in the process of being developed. The Company is concerned with employee safety and has taken measures to protect employees as much as possible. Violence is prevalent everywhere today. Our security organization, which is made up primarily of former law enforcement officers, is deeply involved in this problem. Ken Wiley discussed the recent San Antonio parking problem. He advised that the Company hired eight to ten security guards to insure that employees parked on a "first come-first serve" basis at the 4119 Broadway building. We will not, however, hire guards when employees ask for protection. 4. Fiberglass-Asbestos Hazards in Attics - The Union reported on a case in downtown Lawton, Oklahoma, involving a new shopping mall. Employees are being forced to work in attics that are improperly ventilated, do not have walkways, and are dangerous because of the insulation. This contradicts the Company pol icy expressed in a previous 1977 safety meeting. Management agreed to review the Lawton situation and advise. SWBT 000981 2.01 UNION-MANAGEMENT SAFETY MEETING March 18, 1980 Attending: Union Management Vic Crawley Wilodene Bartels Ken Wiley Beverly Bellville Ralph Eberhardt Dave Metz 1. Splicing of Jelly-Filled Cable - Union understood everything was to be spliced at ground level. - Oklahoma no longer seems to be a problem. The practice has changed in Texas, however, and everything now seems to be done in the air. This change occurred about 6-8 months ago. - The Union distributed a Company, April 18, 1977, letter and an Oklahoma, October 25, 1977, letter. See Paragraph B-l of the April 18, 1977, letter. This is the reference San Antonio Management is using as their authority. Jim Beal is the personnel man involved. (Both referenced letters are attached). - The Union asked Management to check if an OSHA Complaint was filed. If so Management agreed to provide the Union with a copy. - Management will check into the situation. 2. Lead Safety - Lead Exposure Safety Guidelines were distributed to the Union. - The Union was advised that under OSHA regulations employees tested for lead exposure must be advised in writing of the outcome of the test after the completion of the analysis. - Although central office and supply personnel will not be excluded, tests will be primarily conducted on outside people. The Company intends to monitor frame personnel eventually. Presently concentration is on high lead potential situations. - Tests recently completed in St. Louis and Oklahoma City. Samples from both tests are to be sent to Bell Labs for analysis today. - Bill Sorrell will conduct tests in District 6 territory shortly. Don Jauer and Harold Barrow will handle Texas. - The Union inquired if any reports are made to OSHA on lead tests. If such reports are made, the Union requests a copy. Management will check and advise. SWBT 000982 2 - The Union wants to know lead requirement restrictions in order to educate local officers. Management advised that lead training is currently being con ducted. All applicable bargaining unit people will be trained. - Management offered Ken Wiley the opportunity to witness a lead test. He accepted. Vic Crawley will make arrangements for several District 6 staff people to observe a lead test. - Mr. Eberhardt advised that when lead tests are conducted, ambient air samples are also taken. Such samples are made to compare against the samples taken from the monitors placed on the employees. - Management advised that it is highly unlikely that a lead problem exists in the telephone industry. Employees will, however, be advised and trained on the proper safety procedures. - Two employees complaining of lead symptoms have been given medical exams. Both exams proved negative. - All lead safeguards are being included in all applicable Bell System Practices. - Management agreed to advise the Union of employee reaction from the next test. Reaction from em ployees, thus far, has been excellent. 3. Asbestos Tests 4t - Ambient air samples for asbestos problems proved negative. Tests have not, however, been conducted on Installer-Repairmen. 4. Vehicle Safety-Kansas City - Numerous incidents have occurred. There is a coin grievance currently being processed on this matter. In this case Management forced an employee to drive a vehicle with a faulty steering mechanism. - Mail trucks are also a problem. This is particularly dangerous due to the amount of driving done at night. Employees have requested CB radios in case breakdowns occur. - Brush ups on defensive driving are also needed. 5. Employees Safety-Security - Discussed the St. Louis Parkview Office situation. The Union suggested that training scheduled at this location be held elsewhere. If this is not feasible then employees should be thoroughly advised of safety precautions to be taken while at this location. SWBT 000983 Communications Workers 1925 K Street. N. W. ot America AFL-C10 Washington, D.C. 20006 Vol. 43, No. 12 March 2 CWANEWSLETTE IN BRIEF `Fraternally Yours' CWA Pres. Morton Bahr is the guest on two half-hour episodes of "Fra ternally Yours," a unique laborsponsored cable show broadcast in the Nashville, Tenn. area. A discus sion of 1986 Bargaining will be shown between 7-7:30 p.m. on April 10 and 1-1:30 p.m. April 11, and another show on The Labor Movement Today will air from 7-7:30 p.m. April 17, and 1-1:30 p.m. April 18. Tapes of these programs for show ing at union meetings are available from Fraternally Yours, c/o Channel 35,660 Mainstream Drive, Nashville, Tenn. 37208. The station can advise locals on how the show may be rebroadcast on other community cable channels. Fraternally Yours is presented by CWA and three other unions in conjunction with the Nashville Central Labor Council, which provide volunteer production crews. Strikes Dip The Labor Department said recently that unions struck less often and with fewer workers in 1985 than at any time in the 39 years the government has tracked labor strife. The labor department reported there were only 54 major strikes or other work stoppages involving 1,000 or more workers each (eight fewer than the previous low of 62 major strikes in 1984). And, the number of workers involved declined from the previous low of 376,000 in 1984 to 324,000 in 1985, according to the report PTG Affiliates With CWA The 3,800 members of the Pennsylvania Telephone Guild (PTG) have voted overwhelmingly to affiliate with CWA. President Morton Bahr hailed the vote as "another great show of the kind of determination and unity that telephone workers will need this year and for the years to come." PTG represents commercial and marketing employees of Beil of Pennsylvania and AT&T information Systems (ATTIS). When the votes were finally counted last Friday, CWA received 2,583 of the 3,057 ballots that were cast--or 84.4 percent of the vote. Seventy-two percent of the eligible voters participated in the balloting. The votes, which were to have been counted last October originally, have been tied up by challenges from the IBEW and the court had sealed the ballot boxes pending appeals. When the votes were finally tallied, only 467 went against CWA and only seven were considered void ballots. PTG President Gale Dreves and five other top officers of the Guild recommended affiliation with CWA. Also stumping for affiliation were CWA Vice President William E. Wallace and Dina G. Beaumont, executive assist ant to Bahr, and other CWA officers, staff and members. CWA Seeks Solution to Asbestos Problem Through Negotiations, Formal Complaint CWA Executive Vice President M. E. Nichols this week said that CWA is pursuing a solution to the asbestos problem affecting 44 union members in Indianapolis "in a variety of ways." These ways include discussions and correspondence between CWA Vice President W. C. Button of District 5 and officials of Indiana Bell and the filing of a formal complaint with the Indiana Occupational Safety and Health adminis tration. Button hastold Indiana Beil officials thatCWA's OSHA representative, David LeGrands, believes as many as 44 bargaining unit employees may have been exposed to asbes tos contamination, possibly posing a "serious threat" to the workers and theirfamiliee . And, thevice president demanded, in a letter dated March 17, that the "Inspection and monitoring" provisions of an oral agreement worked out March 3 between LeGrande and company officials be reduced to writing, "along with appro priate policing provisions to ensure that it is followed." CWA - Leading the Way SWBT 000984 21 IN BRIEF Always Ask Sometimes you've got to ask the right question. By asking the right question ("Are you union?''), CWA Representative Charles Angei recently signed up the ticket agents at Ideal Travel, 2100 M St., N.W., Washington (800/221-4747). Angel says he popped the question while ordering a ticket in December and in ensuing discussions the agents indicated their interest in union representation. When all six signed representation cards, management granted consent recog nition-covering the agents at the current location as well as at addi tional offices the agency might open in the future in the District of Columbia. The agents are now members of CWA Local 2300--and proud of it, Angel says. NLRB Turnovers President Reagan, who haa already made seven appointments to the fivemember National Labor Relations Board, is poising to make an eighth. He will soon nominate a successor to Patricia Diaz Dennis, who has been nominated for a spot on the Federal Communications Commis sion (FCC). Dennis was a manage ment attorney before becoming a member of the NLRB. Also, the NLRB is shopping for a new solicitor to replace Hugh L. Reilly, whose 1983 appointment created a swirl of controversy and was soundly denounced by the AFLCIO and various unions. Reilly resigned earlier in March to return to the National Right to Work Legal Defense Foundation, which spe cializes in harassment lawsuits against unions. In other correspondence, Button requested "copies of all industrial hygiene areas and personal sampling data con ducted by Indiana Beil and University personnel to deter mine the level of asbestos exposure at concerned work locations." The asbestos contamination problem involves 44 mem bers performing cable pulling work on the combined Indi ana/Purdue university campus in Indianapolis (IUPUI). Keith Dooley, president, and Larry Henninger, vice presi dent of Local 5900, Indianapolis, called on Nichols and LeGrande for assistance in late February after a member of the workforce at IUPUI expressed concern about an uniden tified dust flying through the air. Nichols immediately sent LeGrande to Indianapolis to meet with the local officers and George Brown, the member who first spotted the problem. LeGrande, in a visual inspec tion of the work area, confirmed there was asbestos contam ination and he and Henninger, in meetings with company officials on March 3, reached what they hoped would be an agreement that would protect the members at the worksite. "There is no such thing as a safe or tolerable level of asbestos contamination," LeGrande says. Asbestos can be compared to a slow-ticking time bomb, which can cause a variety of different cancers, as well as asbestosis, an emphysema-like condition. Family members and others subjected to indirect exposure can also be afflicted, LeGrande says. On March 20, Henninger filed a formal complaint with the state's OSHA authorities, asking them to investigate the situation. Meanwhile, in a front page article in the Indianapolis Star last Saturday, William F. Hartwig, corporate safety director at Indiana Beil, said company tests in the suspect areas indicate the levels of asbestos are below permissible levels set by the federal government. LeGrande points out, however, the company tests were performed before the work had started, rather than while the work was in progress. "That makes a lot of difference... it is like the difference between a placid lake and a raging river," LeGrande says. University officials--according to documents obtained by the union--were apparently aware of an asbestos hazard on the IUPUI campus as early as 1982. And, in a memo dated March, 1983, the university's OSHA representative said, "Asbestos has always been considered a very dangerous substance which causes asbestosis and lung cancer. Recent evidence indicates it is even more dangerous than originally thought... No amployaa, faculty or staff member, studant or visitorshould ba exposed to any amount of asbestos fibers.... (underlined in original)." Meanwhile, the Supreme Court, in a 5 to 2 decision last December 10, upheld the right of workers to sue employers who have caused harm intentionally in an asbestos case involving employees of DuPont. Lawyers for the workers argued that not only did DuPont knowingly expose workers to asbestos but that company officials and medical person nel knowingly concealed information from them. SWBT 000985 381.0102 - Asbestos loxal file copy.) St. Louis, November 1986 ASSISTANT VICE PRESIDENT-LABOR RELATIONS:/ This is a request for your concurrence that the assignment of Air Conditioning Specialists and Building Mechanics to perform removals of friable asbestos on a selected basis is within the scope of responsibilities for these job titles. Asbestos was commonly used by the construction industry as an insulating material in buildings prior to 1970, at which time the health hazards associated with asbestos exposure became known. Based on sampling conducted, the presence of asbestos has been confirmed in Company-owned buildings, and most notably around HVAC (heating, ventilating and air conditioning) equipment, and other mechanical equipment and related piping that must be repaired or maintained on an occasional basis. At the recommendation of the headquarters Safety organization, our present departmental policy on asbestos (attached) states that Building Operations employees should not perform any work where asbestos materials may be disturbed and that local contracts with qualified asbestos abatement companies should be negotiated for this purpose. Since this correspondence was issued, however, it has been determined that this policy is not always feasible, especially when emergency repairs are needed. Furthermore, it has been found that building maintenance personnel are widely used by other companies to perform asbestos removals associated with routine maintenance or ~ emergency repair work. Consequently, with your agreement, our organization will amend the existing policy and allow Company employees to perform asbestos removals associated with the maintenance or repair of mechanical equipment. These assignments will be made at the discretion of the state Real Estate Management organizations, who will also be responsible for ensuring that the regulatory requirements established by the Occupational Safety and Health Administration (OSHA) and associated state regulating agencies on asbestos are met. Any questions concerning this matter should be directed to James F. Woodworth (235-4450) or Ann Bieller (235-4452), of my organization. \' Real Estate Management and Training Centralized Services Department Division Staff ManagerReal Estate Management and Architecture Attachment CC: GENERAL ATTORNEY-LABOR AND LITIGATION: SWBT 000986 381.0102 - Asbestos 4/0786/000562/T/ILT X ,d 0^^'. St. Louis, tkf+yA 1986 GENERAL MANAGER-COMPTROLLERS - Arkansas: GENERAL MANAGER-COMPTROLLERS AND SUPPORT SERVICES - Kansas: ASSISTANT VICE PRESIDENT-CENTRALIZED SERVICES - Missouri: GENERAL MANAGER-CENTRALIZED SERVICES - Oklahoma: ASSISTANT VICE PRESIDENT-SUPPORT SERVICES - Texas: This concerns the federal Occupational Safety and Health Administration's (OSHA) final rules on asbestos that were issued in the June 20, 1986 Federal Register. According to the timetable established by OSHA, employers must be in total compliance with the new rules by January 16, 1987. Of particular significance in the recently published rules is that the permissible exposure limit of employees to airborne concentrations of asbestos has been reduced from 2.0 to 0.2 fibers per cubic centimeter of air calculated as an eight hour time-weighted average. Additionally, employers must initiate employee training and medical surveillance programs when the level of exposure reaches 0.1 fibers per cubic centimeter of air as an eight hour time-weighted average. Because of the high degree of technical expertise that will be required to comply with the more stringent standards, the following policy is being established. Company employees should not be used to perform building maintenance or removal work where asbestos materials may be disturbed during the work operations. This includes small-scale maintenance activities, such as the removal of asbestos-containing insulation from pipes or valves. Therefore, contracts should be negotiated locally with qualified asbestos abatement companies to perform this type of work. As outlined in previous correspondence to you dated August 4, 1980, bulk samples should be taken for laboratory analysis of any materials that are suspected of containing asbestos. The sampling should be coordinated through your state Safety organization, as they are qualified to take the necessary samples and will arrange for testing. SWBT 000987 2- - Questions should be directed to Ann Bieiler (314-235-4452) or Rick Parghi (314-235-4432) of the Real Estate Management organization, or Chuck Hill (314-235-55S2) from Safety. sad x. j. mcintyre Assistant Vice PresidentReal Estate Management and Training h. .'jr* Assistant Vice President- Support Services Centralized Services Department Division Staff Manager-Real Estate Management and Architecture BCC: DISTRICT STAFF MANAGER-REAL ESTATE MANAGEMENT AND PLANNING DISTRICT STAFF MANAGER-AUTOMOTIVE AND SAFETY AB/mej SWBT 000988 *0* (UsjjjJtiUA. &gJJb. 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