Lorillard
Antismoking Initiatives of the Department of Health, Education, and Welfare Hearing Before the Subcommittee on Health and the Environment of the Committee on Interstate and Foreign Commerce House of Representatives Ninety Fifth Congress
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- Califano, J.A.
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- Stockman, D.
- Surgeon General
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- 03745448/03745915/Hew's Anti Smoking Campaign Vol 2 790524.
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Document Images
15
B~ Theseprovisionsare.also applicable toHE~- elements
occupying.Government owned and~leased space w}iich.i'~s
assigned by.6SA, and space obtained on a use permit,
or nominal rental or rent-free basis. Inisuchcases,,
the. Department policy will apply within the confines
of the assigned'space over which~HEW has exc.lusivee
custody and controD..
A.. The Heads of POCs.(fortbeirheadquart~ers, regional and
field components); 2ROs (Porthe organizational elements
under their direct control); and Drrector,.Office, of
Management Services, OS (for the Office.of the Secretary
at tieadquarters),; areresponsiblee and accountable for
implementing the provisions of this chapter... They will:
(1) Prepare am.implementatiom plan setting fortlithe
provisions of~this .chapterand methods to insure
compliance within 60 days of itss effect.ivedate.
A copy, of the plan willi be submitted to the
Assistant Secretaryfor, ManagQment andSudget for
review.
a.. In Government owned!HEWoccupied buildings
and;facilities,, the senior HEW'offieial has
theresponsibi'lityfor implementing theSecretary'spoli'cy as it relates to space under his
orherjuris.diction and control as
implemented by his or her appropriate head-
quarters.. Where two or more HEW organizational
elements occupy the same building orfaeilityr and theof~ficials are of the same rank, these
officials will sharee implementing.responsibility
and issue a single directive covering HEW employeess
occupying!thee building or facility.
b.. In~buildings that are controlled by other
Government Agencies, such as GSA or non-
Government organizations or individuals,
the3ecretary's policy will beapplied;
when the space is being utilized exclusively
for HEPi'activities. If an agreement with
the occupant, owner, or lessor can bee
reachedion the control of smoking, officials
are authorized to jointly issue implementing
directives.. -
1
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vocal
ident
goal
other
oking
lith of
s con-
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it is
ver, a
other-
social
esent
arter
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as a
ased
and
trict
Mr.
the
last
d of
ts.
tion,
out
the
light of my flimsy evidence now at hand regarding the effects of
cigarette smoke in public places.
Please do not misunderstand me, Mr. Chairman, I feell that the
health and welfare of all our citizens is the concern of this govern-
ment, and I believe that the Congress has sufficiently funded' Federal
programs and research activities to determine the effects of smoking
on human health,, and most of the data and conclusions from those
studies have been publicized for public consumption.
No one has been ignored or misled as to what researchers and phy-
sicians say about smoking, but I believe that it is fundamental' in
our society to allow people to make their own decisions in personal
matters of this nature. Those people resent the Government telling
them what they can and cannot do. I know that I resent Mr. Calif ano
trying to govern my life in this fashion, and I trust that in consider-
ing this proposal that this subcommittee will reflect on this govern-
ment intrusion in our lives.
Finally, Mr. Chairman,, permit me to say that in spite of what I
feel' are sound economic figures and factors of questionable govern,
ment interference which shouLd preclude the implementation of this
proposal, I believe there is a strong lack of support among the Amer-
ican people for action of this nature. The American people are de-
manding less government, not more government,, and the polls that
I have seen indicate that even among nonsmokers this plan is deemed
inadvisable and inappropriate.
Mr. Chairman, my constituents are tired of the Government's en-
croachment on individual freedom, and I hope that we can show them
that Congress intent is not to encourage that encroachment at the
whim of one Secretary of Health, Education, and Welfare and at the
immense expense of a healthy and viable industry.
Mr. Roor.RS. Our first witness this morning willi be the Hon. Joseph
A. Califano, the Secretary of the Department of Health, Educationy
and welfare, accompanied by Dr. Julius B. Richmond, who is As-
sistant' Secretary for Health, Dr. Arthur C. Tlpton; who is Director
of the National Cancer Institute; an& Dr. Robert Levy, who is Di-
rector of the National Heart, Lung, and Bloo& Institute.
We welcome alI of you. We are pleased to have you before the
committee.
Your statement will be made a part of the record in full, without
objection, and you may proceed as you desire.
STATEMENT OF' HON. JOSEPH A. CALIFANO, JR., SECRETARY, DE-
PARTMENT OF HEALTH EDUCATION, AND WELFARE, ACCOM-
PANIED BY JULIUS B. RICHMOND, M.D., ASSISTANT SECRETARY
FOR HEALTH, PUBLIC HEALTH SERVICE; ARTHUR C: UPTON, M.D.,
DIRECTOR, NATIONAL CANCER INSTITUTE, NATIONAL INSTI-
TUTES OF HEALTH, PUBLIC HEALTH SERVICE; AND ROBERT L
LEVY, M.D., DIRECTOR, NATIONAL HEART, LUNG, AND BLOOD
INSTITUTE, NATIONAL INSTITUTES OF'HEALTH, PUBLIC HEALTH
SERVICE
Secretarv CnraraNo. Thank you. Mr. Chairman.
I would like to read the bulk of my statement if I may.
~ Y l~' Stl'2S' ~
.ff . .:~ .n.- . - . ._ . . . - , . .y . ~,

1
12
Thus, 28 States have adopted "Clean Indoor Air Acts" and many
more States and municipalities are considering such legislation. These
bills govern smoking in publhc places and certain facilities such as
hospitals and nursing homes. We are encouraging other States, and
indeed government agencies,, to consider the appropriateness of these
provisions as they mount their own efforts to discourage smoking
and protect the rights of nonsmokers. As you know, most Federal
offices currently have no policy protecting nonsmokers.
In short, the program I set forth in~ my speech last month does
not go nearly as far as programs some have urged, some jurisdictions
have enactea, and programs some foreign countries have adopted.
I believe our antismoking initiative will succeed. People are ready
to quit. And the most significant drop in smoking occurred during an-
other period of widespread public debate and concern when the highly
visible counteradvertisements appeared on television and radio from
1968 to 1970.
Finally, our greatest concern is to reach children. I know of no
responsible parent who would encourage a child to smoke, ryet we have
not been able to reverse the trend of smoking startup in this vul-
nerable group of teenagers and subteenagers. I am~ convinced that we
can, but it will take a concerted effort not only by this Department,
but by parents, teachers, employers,, physicians, health agencies, vol-
untary associations, and State and local governments. It is clear that'
an important measure of the success of the program~ will' be a reduc-
tion in the number of teenagers and preteens who start smoking.
The antismoking init'iative is a sound investment that can realize
a priceless dividend-a healthier future for the Nation.
Thank vou very much.
Mr. Ro4nRS. Thank you very much, Mr. Secretary. I want to com-
mend you for the thrust of your statement geared mainly to young
people and' supporting basic education on the problems with smok-
ing. I think the committee is pleased that you are activating the pro-
gram under a law developed by the committee, for the health and
education of the American people.
I would also commend you for placing the emphasis as we start
on young people and those smokers at special risk.
I wondered, with respect' to the protection of nonsmokers in~ Fed-
eral buildinffs. could this be effectuated without legislative act'ion by a
directive of' the President orr by action~ by the General Services
Administration?
Secretary Car.IFAxo. Mr. Chairman, this could be done by the Gen-
eral Services Administration. it can be done to a large degree by each
individual departmental head.
The Defense Depart'ment, for example, until we put in our rem.ila-
tion, had the strongest protective policies for nonsmokers. We have
asked the General Services Administration to use our policies as
their policies thrcuLrhout Federal buildings.
There are 10;000 Federal buildings all over this country, and it
could have a subst,antial impact, but no legislation is necessary.
Mr. ROGERS. I wonder if we could have for the record the actions
taken by the various departments? Could that be furnished?
c
Sel
thB
I
anc
I
r
GQ
.`

20
A. Notices to Employees. Officials responsible for im-
plementing requirements of this chapter shall inform-
employees under their jurisdiction in writing of the
provisions applicable to them.
B. Signs.
(1i)~ Suitable "No Smoking" signs shall be mounted in all
rooms and areas where the no-smoking policyappliies.
Where common or public smoking areas are established,
a card or other device will give directions to the
nearest area. Thesee directional signs will be
placed'adjacent to the "No Smoking" sign whenever
possible. ...
(2) The numbers of signs to be posted or displayed will
depend on the size of the room or area. Generally,
two should be sufficient for small rooms and four
for large rooms.
(3) Signeplaced:in designated no smoking areas (in-
cluding rooms)) will bear the message "No~Smoking".
Generally, the size of lettering should bee one inch
high for small rooms or areas and two inches high
for large rooms and areas.
(4)'fhe accepted international.symbolifornosmoking,
may be used on doors or appropriately displayed
. in.no smoking areas, in addition to theaignsindicated:above.
1-60-80 Referral of Questions
Technical questions concerning smoking and health, educa-
tional materials, or suggested methods of discouragingg
cigarette smoking,in Government buildings, should be
referred.t~o the Office on Smoking and Health, Office of
the. Assistant Secretary for Health, Department of Healt~h
Education, and Welf~are, Washington~ D.C.. 20201.
H

Page
21
90
80
110
73
310
290
195
192
287
200
ANTISMOKING INITIATIVES OF THE DEPARTbiEN!T OF
HEALTH, EDUCATION, AND WELFARE
WEDNESDAY, FEBRUARY 15, 1978
HOUSE OF REPRESENTATIVES,
SUBCOMMIITEE ON HEALTH AND THE'ENVIRONMENT,
COM3fITTEE' ON INTERSTATE AND I~' OREIGN C03i3iERCE,
Washington, D.C.
The subcommittee met at 10 a.m., pursuant to notice, in room 2123,
Rayburn House Office Building, Hon. Paul G. Rogers; chairman,
presiding.
Mr. ROGERS. The subcommittee will come to order, please.
On January 11, 1978, at a meeting of the National Interagency on
Smoking and Health, HEW Secretary Califano announced the details
of the Department's new antismoking initiative.
All' of us are familiar with the 1964 Surgeon General's report on
smoking and health which first presented a link between smoking and
lung cancer. In the intervening years, we have seen reports citingtheg relationship of smoking and
other cancers, heart disease, lung disease;
possible synergistic effects between smoking and occupational ex-
posures and smoking and drug use, including oral' contraceptives;
and even developmentall problems of the newborn whose mothers
are heavy smokers.
. It is encouraging to note that recent statistics demonstrate that
smoking habits of adult Americans have begun to change. Only 39
percent of adult males are classified as smokers today, compared with
more than half that population only 14 years ago. Unfortunately,
however, during the same time period, the percentage of teenagers
who smoke has increased greatly, with an almost doubling in the
percent of young women between the ages of 13 and 19 years who
are smokers.
The Secretary has proposed initiatives in four major areas: Educa-
tion. regulation, incentives, and research.
His proposals became the immediate target of both criticism and
praise; some arguing that he was advocating measures far too severe
for the magnitude of the problem; others maintaining that the De-
partment was taking long overdue action in addressin, a very sig-
nificant public health hazard. Even among those who applauded the
. proposals; many expressed a hope for more vigorous and compre-
hensive action.
Todav, the Subcommittee on Health and the Environment is meet-
ing to hear directly from the Secretarv, as well as representative
groups both supporting and oppopzin~r his announce& plans, so thatt
we may have the full benefit of all views in this area.
(1)
,

CHAPTER 1-60POLICY'ONSMOKING IN HEWCK'QUPIED BUILDINGS AND FACILITIES
1-60'-00 Purpose .
10 Policy
20 Applicability and Scope
~ 30 Responsibilities 40 Implementation,Direetives
50 Education and;Training~
60 Complaint Procedure 70 Notices and'Signs&0 ReferraliofQuestions
The purpose of this chapter iss to provide aDepartmentwide:poiicy.
on smoking~.in HEW-occupied;bui'Sdingsand facilities. It supersedes
General Addministration Manual Circular 72.1, dated February 7', 1972,
"Poliicyon,Smoking!in HEW-Occupied Buildings".
A. It is the policyy of the Department to protect theriqhts of
nonsmokers (both Federal employees and the public)) byy re-
stricting smoking in certain areas of HEW-occupied buildings
and faci~liities. The Department also recognizes the rights of
individuals to~smoke, provided~such action.does not endanger
life or property,,, cause discomfort or unreasonable annoyance
to nonsmokers or infringe upon thei'rrights.
B: Inrecognition~of,the fact that smoking is dangerous to the health of smokers; that tobacco smoke
in a confined area _
,create.s a health hazard to nonsmokers suffering.from.hear~G
disease, respiratory diseases or allergies related to
tobacco smoke; and that smoke in a confined area may
beir~ritating and annoying to~nonsmokers and violates
their privilege of breathing air relatively.free from
tobacco smokecontaminatlion, every effort will be made to pro-
vide an environment reasonably free of such contaminants.
A. The provisions.of~ thisdirectiveapply toallorgdnizational
elements: of HEW'that.occupy.Government.owned and leased HEW
buildings and facilities. .
HEW 1N-7.8.2~ (1/18 J8)iSuper~.sedes~~Cir~cular 72:.1i,.d'ated 2~~7172~

,ts
CO_MMITTEE' ON INTERSTATE AND FOREIGN COMMERCE
HARLEY O. STAGGERS, West Virginia, Chairman
JOHN E. MOSS, California SAMUEL L. DEVINE, Ohio
JOHN D. DINGELL, Michigan JAMES T. BROYHILL, North Carolina
PAIIL G: ROGERS, Florida TIM LEE CARTERBentucky
LIONEL VAN'DEERLINCaliPornia CLARENCE J. BROWN, Ohio
FRED B. ROONEY, Pennsylvania JOE'SSUBITZ, Kansas '
JOHN M. MURPHY, New York JAN fES ML COLLINS; Tesas.
DAVID E. SATTERFIELD III, Virginia LOUIS FREY, JB., Florida
BOB ECgHARDTTezas NORMAN F. LENT, New York
RICHARDSON PREYER, North Carolina EDWARD R. MADIGAN, Illinois
CHARLES J. CARNEY, Ohio CARLOS J. MOORHEAD, California
RALPH H. METCALFEIllinois MATTHEW J. RINALDO, New Jersey
JAMES H. SCHEUER, New York W. HENSON MOORE, Louisiana
RICHARD L. OTTINGERNew York ~ DAVE STOCgMAN;,Michigan
HENRY A. WAXMAN, California MARC L. MARKS, Pennsylvania
ROBERT (BOB) KRUEGER, Texas
'
TIMOTHY E. WIRTH, Colorado
PHILIP R. SHARP,,Indiana
JAMES J. FLORIO, New Jersey
ANTHONY TOBY MOFFETT, Connecticut'
JIM SANTINI, Nevada
ANDREW MAGUIRE, New Jersey
MARTY RUSSO, Illinois
EDWARD J. MARKEY, Massachusetts
THOMAS,A. LUKEN, Ohio
DOUG'WALGRENPennsylvanis ` '
BOB GAMMAGE, Texas
ALBERT GORE, Ja:, Tennessee y._
BARBARA A. MIgIILSHIMaryland ,
W. E: WILLIAMSON, Chief Clerk andlStafl Director gExxETH J. PAINTER, Firat Assistant Clerk
ELEANOEA..DINgINS, AAaiBtantCler.'..
WILLIAM Lc BURNS, Printing Editor
_ PROFESSIONAL STiAP'FELIZABETH HARRI&ON. CHRISTOPHER E. DUNNE
JEFFREY.H. SCHWARTZ. .. WILLIAMM..gITZMILLEBBRIAN R. MOIR MARS J. RAABE
$ABExF.NELSOx..-, THOMAaM..RYAN ' .
Ross D. AIN JAMES S. COWEN
.
. ROBERT HENLEY LAMB, Associate Minoritx. Counsel
19
c
.
i
t
SIIBCCMMITTEE ON', HEALTH AND THE ENVIRONMENT
PAUL G. ROGERS; Florida. Chairman
DAVID E; SATTERFIELD:III, Virginia TIM LEE'CARTER, Kentucky
RICHARDSON PREYER, North Carolina JAMES T. BROYHILL, North Carolina
JAMES H. SCHEUEB, New York EDWARD R.,MADIGAN, Illinois.
HENRY A. WAXMAN, California JOE SKUBITZ, Kansas
JAMES J. FLORIO, New Jersey SAMUEL L. DEVINE, Ohio (Ex Officio).
ANDREW MAGUIRE, New Jersey
EDWARD J. MARKEY, Massachusetts
RICHARD L. OTTINGER, New York
DOUG WALGRE'N, Pennsylvania
HARLEY O. STAGGERSWest Virginia
(Ex Officio)
STEPHAN E. LAWTONCounael
ROBERT W. MAHER, Director of Research and Planninp
Jo ANNE GLissoN, Senior Staff Associate
DONALD W. DALRYMPLS, Asaiatant Counsel
STEPHENJL CONNOLLY, Senior Staff Associate
BUSSE ZIMMERMAN, Research Associate
ROBERT M. CRANE, Senior Staff Associate
WILLIAM V. CoaR, Aasiatant Counsel
FRANCES DE PEYaTES, Minority Staff Associate
a~i!
a

conceptual than empirical im nature and we deal primarily with the
agricultural sector, viz., tobacco prices and production, farmland values,
and certain facets of farm structure and income. The empiricism is
based largely on results from other studies. Thus, the paper is "new" to
the extent that it provides a synthesis of the possible effects of this
potential radical change in agricultural policy.
Long-Run Price and Output Changes
Estimation of the effects of any proposed policy change requires
some knowledge of the free market demand and supply curves upon
which the proposed change would be superimposed. The domestic
market for non-processed tobacco has not been free to determine prices
and quantities since the 1930's. Thus, the market has generated little in
the way of data useful as a basis for supply and demand estimates. Our
only recourse in this situation was to reason as best we could on the
basis of the bits of data which were available.
Factors Affecting Supply. On the supply side, which surprisingly
seems to be the easiest one, the fact that an acreage allotment has been
necessary for profitable production has given rise to a market in
"licenses to produce tobacco." These licenses have taken~ on value
commensurate with the extent to which actual prices exceeded what
free market price levels would have been, subject to the uncertainty
' Sec J. C. Williamson, Jr. and W. D. Toussaint, "Parity and Support Prices for
Flue-Cure& Tobacco", Journal of'Farm Economics, 43: 1, 1961, pp. 13-26, for
details on the legislative history pertaining to tobacco price-support legislation.
' Major contributions in this area are: L. M. Hartman and G. S. Tolley, Effects of
Federal Acreage Controls on Costs and Techniques of Producing Flue-Cured
Tobacco, Technical Bulletin No. 146, North Carolina Agricultural~ Experiment
Station, Raleigh; F. H. Maier, et aL, The Sale Value of Flue-Cured' Tobacco
Allotment, Tcchnical Bulletin No. 148, Southeast Land Tenure Research Commit-
tee, Virginia Polytechnic Institute, Blacksburg, Virginia, 1969; J. A. Seagraves,
"Capitalized Values of Tobacco Allotments and the Rate of Return to Allotment
Owners" American Journal of Agricultural Economics, 51:2, 1969, pp. 320-335;,
V. N. Grise, et al:, An Analysis of the Effect of Selected Economic Variables on
the Optimum Location of Burley Tobacco Production Within the Burley Belt,
Research Report 8, Department of Agricultural Economics, University of Ken-
tucky; D. M. Shuffett and Josiah Hoskins, "Capitalization of Burley Tobacco
Allotment Rights into Farmland Values", American Journal of Agricultural
Economics, 51(2), 1969, pp. 471-474, and; R. Charles Brooks and J. C. William-
son Jr., FlueCured Tobacco Programs, 1933-1958, A. E. Information Series No.
66, Department of Agricultural Economics, N.C. State University.
~.

23
.Di
ector
ration
Mr. RooExs. Now, I know you~mentioned'that there had been some
reaction from the counteradvertisement:s on radio and TV during the
period 1968 to 1970. What would be necessary to reinstitute that type
of activity?
Secretary CnLTrAro. Mr. Chairman, there are counteradvertise-
ments, they are the only advertisements, there are health advertise-
ments related to smoking, on television. Too many of them we feeli
are on very late at night, when people are not watching. That pres-
ently is up to the networks and local stations.
I wrote to the three networks and I wrote to the National Associa-
tion of Broadcasters and asked them if they would run~ more of
these. Al§o, we intend to join with~ the Federal Trade Commissiom
in an appeal to the Federall Communications Commission to require
that public service announcements generally be spread over a moree
prime-time viewing part of the day, but that is a matter basically
within the control of the networks and local broadcasters.
I noticed one of the Washington TV channels-and I canrt re-
member which one-has begun to run more smoking and health
items during, prime-time hours.
hfr. RocExs. Well', of course, this is a controversiall matter, as you
pointed out, and particularly for areas where tobacco is grown, be-
cause of the dependency on t'he economic benefits to that particular
area. But I must say, I donTt know how anyone could really oppose
trying to educate young people not to smoke when we know the
health effects: So I am pleased that you have been willing, to face
up to the issue in spite of some of the remarks that may be made
about you.
Maybe a little bnrning, in effigy now and then, but I guess we all
go through that when we face up to problems that are controversial.
So I think your statement is reasonable, I think it is a good ap-
proach, and I am delighted you have embarked on this.
Secretary Cnr.rFnso. Thank you, Mr. Chairman,
I just underline the fact that I think the statute, the education
and health promotion statute that you sponsored and this commitee
recommended to the House, and it was passed, is really a key to a
lot of other efforts as well ini the preventioni area and does provide
us with the authority to establish this office.
Mr. RooExs. And I hope the Department will fully develop the
potential of that law, because until we get into health education
across the board, we are not going to change the patterns which bring
about bad health in the Nation.
Secretary Cnr,rFnXo. It is one of the major objectives of the Sur-
geon GeneraI and of myself.
Mr. RncEits: That is excellent and we commend youL
Dr. Carter.
Mr. CARTER. Thank you, Mr. Chairman.
Mr. Secretarv, in vouraddress onJanuarv, 11, you announced!
creation of a new Ofl'ice of Smoking and Health which is to begin
operations in fiscal year 1978 with, I quote, "Several million dollars
of reprogramed funds."
Can you name those programs from which funds will he diverted
to this new Office on Smoking and Health and explain your reasons
4+i-r
4

p
19
E. Corridors, Lobbies and Restrooms. Normally, smoking
Sn corridors, lobbies and,restroons of HEW-cont.rolled;
buildings will be permitted,, except as follows:.
(1) Largee lobbies or entrancesthat are used for waiting
rooms, etc:,, will be divided~into smoking and non-
supok}ng areas. These areas will be properlyposted
to assure that.all persons can easily detenminewheresqoking,ispermitted. Inaddi2ion, there.will be
no
ashtrays or receptaclesin~the designated no-smoking
area.
(7.)If lobbies or hallways are utilized by.smokers to
a degree that results inemployeecomplaints., the
official in charge is responsible for evaluating
th@ conditions and, if necessary>, establishing them
in a.dhole or part as no-smoking areas.
(3) x t is determined that the air changes are not suf-
ficie¢tt to assure reasonably clean air.
fd~aeqtion,acgdTraining
hylv+ Pf the d'angers to health caused by smoking,.sup,er:-
vSAQjra and employees will be gi'ven training on the dangers
@f i%9ki.ng.,met$oda of breaking the smokinghabit., and the
prQVjefop's of the chapter. The Assistant Secretaryforf@{6oqnel AdmSnist,ration wiLlprovide for such
training in
aNperyisqr's trainin,g programs and employee orientation
4ee91ogq.. In addition, within applicable regulations,.
6qployees..will be provided with reasonable time off during
YQFking tlour8to attend established training programs that
}iFlat'iq breaking the smokinghabit.to.the extent that
LheRfificfepcy of work units will not be impaired. The
A2P1nant.SecretaryforPersonnel Administrationwilliissue
D@p6FS91eRt guidance covering.such training.
1+~B-b0 nee
L# . q$.a;o.lp}oyee feels that the provisions of this policy are--ppp.bejng implemented the employee
is entitled to utilize
Fdf.4gr ;QXe HEW.agencygrievance procedure, or a negotiated gtieyance procedur~e whichever
isappliicable. Employees whof1'1e agrfevance under these procedures will not be subjected
;preetreint, interference.,,coercion, discrimination or
;eptisal by virtue of having filed such a grievance.
4:.
