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AGENDA MEETING OF THE MCA EXECUTIVE COMMITTEE 8:00 a. m. , Tuesday, February 11, 1975 The Links Club, New York City Financial Report for Eight Months Ended January 31, 1975. Legal Advisory Committee Nominations. Issues Facing the Chemical Industry in the Coming Year. Energy-Economic Program of the Administration. Data Bank on Chemical Toxicology. Arnstein vs. MCA, et al. Administrative Matters. CMA 061787 MINUTES OF MEETING MCA EXECUTIVE COMMITTEE The Links Club, New York City Tuesday, February 11, 1915 Following breakfast at 8:00 a.m. , the meeting was called io order by Chairman McNeeley. There were present: Harry D. McNeeley, James G. Affleck William J. Driver John W. Hanley Chairman Edward R. Kane Joseph A. Neubauer Robert T. Powers Jack B. St. Clair Lloyd N, Cutler, Outside Counsel John H. Pickering, Outside Counsel B. M. Barackman, Staff Counsel George E. Best, Secretary-Treasurer 1. Financial Report for Eight Months Ended January 31, 1975 Mr. Best reported the information shown in Exhibit A. 2. Legal Advisory Committee Nominations Rather than act on the ten nominations placed before the Executive Committee at this meeting, it was agreed to announce at the Board meeting to follow that the nominating period would be held open one week more. It was deemed proper to select the candidates for appointment from all of the available nominees in order to give due regard to breadth of representation among the Association member ship. 3. Issues Facing the Chemical Industry in the Coming Year Mr. Driver referred to the list distributed in advance with the tentative agenda, saying it represented a recent update based on the opinions of staff and selected member company representatives. He characterized it as containing no major departures from past view, and stated it was being used as a guide to budget development for the coming fiscal year. Responding to a query about adequate provision for toxicological program development, he mentioned the recent creation of an intercommittee task group (see Item 5 of these minutes) and expectation of receiving recom mendations before the budget is finalized. Comments emphasized the need tc maintain flexibility in order to deal with urgent matters as they arise, and agree ment that toxicology is a matter of prime priority. CMA 061768 2- - 4. Energy-Economic Program of the Administration Mr. Driver felt that a useful exchange of views had taken place in the January 28th brief ing of invited chemical industry executives by Secretary Dent and FEA Assist ant Administrator Sant on President Ford's energy/economic program. Mr. Sant would welcome additional information on the effect of tariff and taxes applying to petrochemical feedstocks on prices and employment. Mr. Driver mentioned hearings by the Senate Committee on Interior and Insular Affairs, and that MCA may be invited to testify when these hearings resume. It was readily agreed that an appearance should be made if invited, but that more may be accomplished in hearings of the Senate Finance Committee. There was awareness of the Petroleum Energy Group's current study on employment, and that MCA's Economic Policy Review Committee will meet tomorrow to develop recommendations concerning the Administration proposals. Mr. Driver mentioned already having communicated to the House Ways and Means Committee an endorsement of increasing the investment tax credit to 12%, on a permanent basis. It was agreed that all opportunities should be considered for con vincing the Government that added financial burden on petrochemical feedstocks would have minimal effect on conservation, yet would adversely affect the economy and tend to bring about unwarranted distortions within an established basic industry. Active liaison with PEG and other groups having a common interest was strongly encouraged. Mr. Cutler suggested engaging a nationally eminent economist to advise and perhaps testify on behalf of MCA. Several members commented on the larger issue of capital formation as being of vital future significance. 5. Data Bank on Chemical Toxicology Mr. Driver reported on the formation of an inter committee task group for implementing the Executive Committee recommendations of January 14 concerning the feasibility of MCA's establishing and operating a data bank on toxicological information and main taining a close working relationship with the Institute of Chemical Toxicology. Dr. W. L. Sutton, Eastman Kodak (Chairman) Mr. E. E. Christofano, Hercules (1) Dr. F. D. Hoerger, Dow (2) Dr, K. S. Lane, Union Carbide (1) Dr. C. F. Reinhardt, Du Pont (1) Dr. C. B. Shaffer, American Cyanamid (2) Dr. P. L. Wright, Monsanto (2) (1) Member, MCA Occupational Health Committee (2) Member, MCA Toxic Substances Control Group CMA 061789 -3- Mr. Driver stated the task group will have its first meeting tomorrow, to be attended also by Mr. Brian D. Forrow, Allied Chemical, representing the reconstituted Legal Advisory Committee. (Mr. Forrow also is a member of the Government Relations Committee. ) Mr. St. Clair gave his opinion that this arrangement will provide for satisfactory liaison between MCA and ICT. Mr. Hanley stressed that 1CT should have a "full pipeline" to MCA developments. 6. Arnstein vs. MCA, et al Mr. Driver told of a suit against MCA and several companies instituted in Philadelphia alleging negligence in regard to exposure to vinyl chloride which it is claimed caused the death of Mr. Arnstein due to liver cancer. MCA was included in reference to information published in the Chemical Safety Data Sheet on this chemical. PRIVILEGED MATERIAL REDACTED J They said the initial suit in the Pennsylvania state court has been supplemented by a second suit in a Federal district court, the latter adding as co-defendant the U. S. Government and naming as its agent the Occupational Safety and Health Administration. They reported having arranged for representation of MCA through a Philadelphia law firm whose first efforts will be toward having MCA eliminated on jurisdictional grounds. 7. Administrative Matters (a) Camille North Wiley Mr. Driver outlined the complaint of this former member of the MCA staff whose position was eliminated in August 1971 on account of budgetary limitations. She filed a complaint with the U.S. Department of Labor, alleging age discrimination (she was 58), which dismissed her complaint; with the D. C. Commission of Human Rights, alleging sex discrimination, which decided against proceeding further, ex cept by court order, after she declined to appear at a scheduled December 1974 hearing; and with the Equal Employment Opportunity Commission, alleging sex discrimination, which is apparently awaiting the outcome of a civil suit filed in November 1974 in the District of Columbia U.S. District Court seeking back pay, reinstatement under the pension program and attorney's fees. continue. Mr. Driver stated MCA has defended vigorously and intends to Gt** 061790 -4- (b) Chemical Industry Speaker for Duke University Conference Mr, Driver reported having proposed, from among suggestions received. Dr. Perry J. Gehring, Dow Chemical, to speak on the concerns of industry related to carcinogenic hazards on April 9, as previously invited, (c) Effluent Guidelines Litigation Mr. Pickering reported postponement of the hearing in the 4th Circuit Court of Appeals. (d) Advocacy Role of MCA Mr. Cutler referred to a memo randum his firm has prepared on this matter, suggesting it be considered bv the new Legal Advisory Committee. (e) Dinner with SOCMA Officials Mr. Driver reported arrange ments have been made for a dinner meeting of the Executive Committee on March 10 to receive three or four officers of SOCMA to discuss matters of mutual interest. Certified correct: I- r? ^ `George E. Best Secretary-Treasurer Harry D. McNeeley Chairman CMA061791 V* * L EXHIBIT A REPORT OF THE SFCFETARY-TREASURER February II, 1975 Dollar amounts rounded from tabular details ($000) INCOME & EXPENSE June 1, 1974 - Jan. 31, 1975 8 Months (67%) Income - Membership Fees - Other $2,018 229 $2,247 Expense - Operations - Projects $1,228 213 $1,441 101.713% 77.627% 98.596% 59.931% 57.258% 59.520% ASSETS (As of January 31, 1975) Cash Investments Miscellaneous $ 58 3,172 10 $3,240 T CMA 061792