Document k9B1VE2vw9LNZ8mEjX11agz9n

Manufacturing Chemists' Association, Inc June 20, 1952 TERMS OF REFERENCE PLASTICS The Board of Directors approved a resolution setting up certain Terms of Reference governing formation and activities of the Plastics Committee<> These were approved in the early part of 1952 by the Plastics Committee* Pertinent provisions of interest ares 1. Members shall be appointed on a rotating basis with the objective that they do not at any time represent in numbers or volume of production a predominant position in the industry or any major segment. 2. The Committee is authorized to select its own chairman. 3. The Committee may make oral reports of its activities to the mem bers twice a year at regularly scheduled sessions in conjunction with the Association meetings. Any other reports other than those at such special meetings as may be authorized by the Board shall be in writing. U, The Committee is authorized to represent the manufacturers on broad problems arising from activities of Government agencies, etc. 5. The Committee is authorized to sponsor and make available technical literature as may be required. 6. The Committee is authorized to promote safety in the manufacture of plastics utilizing to a maximum extent the existing committees of the Association. .7 The Committee is authorized to participate in voluntary standard ization programs with respect to color and the like in cooperation with the Commodity Standards Division of the Department of Commerce, and to maintain liaison with A.S.T.M. on similar programs. 8. The Committee is authorized to continue to encourage and participate on a voluntary basis in a fundamental research program such as that at M.I.T. 9. The Committee is authorized to collect statistical data pertaining to volume of production and past transactions or activities as re quired for specific, non-routine purposes. In all instances these activities of the Committee and the Plastics Group must be consistent with the By-Laws. The above-mentioned activities were carried on by the former association and it is understood that they would be so conducted in M.C.A. on the same basis as was the practice in P.M.M.A. The only important departure from P.M.M.A. is frequency of general meetings. CMA 079083 jjEJJORANDOM FOR HR, FRANK CARMAN December 10, 1951 fROMi Mane Leva Fowler, Leva, Hawes & Symington 1625 Eye Street, N. W., Wash. 5, D, C. In accordance with our previous discussions of this subject, and in accordanc with the action heretofore taken by the Board of Directors of MCA, I am enclosing a draft of written "terms of reference" for the MCA Plastics Committee which, as previously under stood, is to be submitted to the Plastics Committee for its concurrence before adoption as a Resolution by the Board of Directors. Lloyd Symington and I believe that, as sup plemented by the following explanatory comments, the enclosed draft is in accordance with the previous discussions and understandings on the subject. The only questions that we feel might occur to the Committee are possibly with re spect to the substantive functions set forth under paragraph (6) of the Resolution. Our objective was to include those functions which were clearly contemplated at the time of the merger and are now being actively carried on, but at the same time to avoid any ques tions, legal or otherwise, that might be raised from the over-all MCA standpoint by too broad a grant of authority. Of course, there may develop legitimate interests of the Com mittee that are not included in the functions specified in the basic document. It was my thought that, if this should prove to be necessary, these could be adequately covered by further Resolutions of the Board on a case-by-case basis, and this is specifically contem plated in the language of paragraph (6) itself. For example, the enclosed Resolution does not give blanket authority in such fields as standardization, joint research projects, collection and dissemination of statistical data, and the like. The limited nature of the authorization as to such items seemed de sirable to me for three reasons. First, I do not understand that the Plastics Committee is currently engaged in such activities on any broad-scale basis, nor are they listed in Mr. Rand*s letter of June 17, 1950 to the Board of Directors of the former PMMA. Sec ondly, such functions in any unlimited context fall within a "twilight-zone" category of the law pertaining to trade association activities -- that is, they are not basically il legal, but may produce illegal results if not carried on under rather specific safeguards. These safeguards include not only the written limitations specified, but also care and good faith by the Committee itself in conforming to them. Finally, should the Committee have a legitimate project in any of these fields which is not covered by the enclosed, it could be authorized by a specific Resolution of the MCA Board. It would thus be possible, in preparing a Resolution for a specific undertaking, to avoid any undesirable legal im plications that might otherwise exist in a broad grant of authority. If this approach meets with your approval, I am in hopes that the matter can be sub mitted to the Committee at the meeting on December 12, and that its approval can be forth coming at the following meeting, in order that the proposed Resolution may then be sub mitted to the Board of Directors of MCA. (SIGNED) MARX LEVA CMA 079084 BftmaeF TEEMS of reference for the plastics committee, in the form of a resolu tion FOR MCA BOARD OF DIRECTORS AFTER CONCURRENCE BY THE PLASTICS COMMITTEE. WHEREAS, the Plastics Committee of the Manufacturing Chemists' Associa tion, Inc., was initially established pursuant to written assurances given by the Chairman of the predecessor Manufacturing Chemists' Association at the time of the consolidation of that organization and the Plastic Materials Manufactur ers Association; and WHEREAS, the Board of Directors of the Manufacturing Chemists Association, Inc., by Resolution at its meeting on October 9, 1951, determined that the Plas tics Committee should be continued by that name within the purview of the general policy set forth in that Resolution, and pursuant to written terms of reference in the form of a further Resolution to be adopted by the Board with the concur rence of the Plastics Committee; and WHEREAS, this Resolution has been submitted to, and concurred in by, the Plastics Committee at its meeting on v -;5 NOW, THEREFORE, the Board of Directors of the Manufacturing Chemists' As sociation, Inc. hereby resolves: (1) That, pursuant to Section 8 of Article V of the By-laws of the Association, the Plastics Committee shall be continued by that name under the terms of reference set forth herein. (2) That the members of the Plastics Committee shall con tinue to be appointed on a rotating basis by the Board from member manufacturers of plastic materials in such a way that, to the maxi mum extent practicable, the members of the Committee do not at any time, taken collectively, represent in numbers or volume of produc tion a predominant position in the industry or any major segment thereof. CMA 079085 Draft of Terms of Reference - Plastics Committee Page 2 (3) That th Plastics Committee is authorized to select its own Chairman and other officers and to adopt such other procedural rules as may be necessary or desirable within the framework of this Resolution. (4) That the Plastics Committee shall keep and file with the Board of Directors adequate minutes of its meetings, and shall keep adequate written records of its other operations and proceedings which shall be available to the Board at its request. (5) That the Plastics Committee is authorized to make oral reports of its activities to other members of the industry twice a year at regularly scheduled sessions in conjunction with the semi annual meetings of the Association as a whole, which sessions shall also be open to all interested members of the Association; any reports on Committee activities to the industry as a whole, other than reports submitted at these regularly scheduled semi-annual meetings and at such special meetings as may be authorized by the Board of Directors, shall be in writing. (6) That the Plastics Committee is authorized to perform the functions set forth below, and such additional functions as may be specifically authorized by Resolution of the Board of Directors, sub ject to the Committee continuing to carry out the Association's policy that the several functional committees of the Association, and the Association's Washington office shall be utilized to the maximum extent possible in the performance of such functions: (a) To represent the manufacturers of plastic materials on broad industry problems arising from the activi ties of government agencies, and, through the Asso ciation's Washington office, in connection with CMA 079086 Draft of Terms of Referenc - Plastics Committee Page 3 legislative matters of interest to the industry; als to represent such manufacturers before other associa tions, societies, and organizations where industry-wide representation is appropriate, (b) To sponsor and make available to all interested persons technical literature as required for educational purposes consistent with the over-all public relations activities of the Association, (c) To promote safety in the use and manufacture of plastics and plastic materials utilizing to the maximum extent possible the existing Safety Committee of the Association and the services of the Association's Washington office, (d) To participate in the formulation of voluntary standardi zation programs with respect to color and the like, in cooperation with the Commodity Standards Division of the Department of Commerce, and to maintain liaison with the American Society for Testing Materials in connection with its voluntary standardization programs with respect to nomenclature and methods of testing, (e) To continue to encourage and participate in, on a volun tary basis, such non-profit fundamental research projects as that presently being carried forward by M.I.T., pro vided that any results or benefits of such research shall continue to be freely available to all interested persons. CMA 079087 Draft of Terms of Reference - Plastics Committee Page 4 (f) To collect statistical data p rtaining to volume of pro duction and past transactions or activities as required for specific, non-routine purposes, provided that any reports based upon such data shall be entirely factual in nature and free from comments, suggestions or recom mendations with respect thereto, shall be on an over-all basis without indicating the position of individual com panies, and shall be made openly and freely available to all interested persons. CMA 079088 BIND ENTIRE X NO COVERS REMOVE ADV INDEX BACK INDEX FRONT COLOR NO 1796 NEW BINOIN C5 SPINE LETTERING M. C. A. Flasi, -a Comm; Mi nut Vol, 3 1964-1970 SPECIAL INSTRUCTIONS -- --i Jay*yt r *- =*- QUANTITY // Ul/ of -----wy JOB NO f/ coVer^lze 7 ref'reb book ! SANEL (.INEG C0\7?R no .. / x /; sk PAM MAG PAM NEW CASE MISC SPECIAL PREP BEN SEW tape stub INSERT MATS labels 2 vQiS BO IN l CUM filler V STUB FILLER B FILLER W/STU8 T SEP SHEETS G PAPER PKT F BKRM PKT sW P R pTS SO. iN P4PER pts bo in Cloth PERMA - FILM Aj UP to 12 D ONER U" E I THE HECKMAN BINDERY, INC. NORTH MANCHESTER INDIANA WRITE HEAVY. THIS IS A FIVE PART FORM. CMA 079089