Director of Arbitration/NRAB Administrator
National Mediation Board
1301 K Street N.W., Suite 250 East
Washington, D.C. 20572
Dear Mr. Watkins:
Incident to the Advance Notice of Proposed Rulemaking (ANPRM) filed in Federal
Register 8-6-03 (DOC 03-20085), the National Association of Railroad Referees
wishes to comment and be heard.
NARR has been on record before this agency dating back to November 9, 1971,
concerning the timely resolution of grievances. In a letter from the then
Chairman, George Ives, it was opined that "the NMB does not have authority
to unilaterally establish rules and procedures for the operation of NRAB."
At our urging, the NMB established a joint committee to review this important
subject. The NMB then suggested that any recommendations from persons serving as
referees be referred to this committee. Since that date, we have transmitted our
concerns and proposals to that joint committee. That committee grew to be known
as the Section III Committee. By joint action of the parties, NARR was invited
to sit with the Section III Committee to further cooperation and resolve
deadlocks on a more expeditious basis. We find the NMB’s current ANPRM
violates that agreement and understanding.
The history of innovative contributions that NARR has made to the parties
included restructuring the grievance machinery to provide more rapid and
economic adjudication of disputes. We believe referees and the parties can make
more progress in the design of a timely process.
The individual referee salary compensation is the lowest of any agency currently
administering dispute resolution. This issue must be discussed in any attempt to
improve the administration of case processing.
The stated goal of the new procedures lack specificity. What time restraints
exist when the NRAB limits the days referees can work? e.g. for August, referees
were not allowed more than eight (8) days.
The Advance Notice of Proposed Rulemaking calls for consolidation of similar
cases. This is similar but very different to a previous proposal made by NARR.
Who on the NMB staff will decide? Who will play arbitrator or referee?
The NARR is prepared to meet with the parties and suggest other recommendations
to help NMB fulfill its statutory responsibilities for the administration of the
NRAB. To that end, the following desire to be heard at a public meeting and ask
to be advised well in advance of such meeting.
Sincerely,
Francis X. Quinn, President
Vice Presidents: James Conway, Elizabeth Wesman, John LaRocco, and Edward
Suntrup
Ann Kennis, Secretary
Past Presidents: David Vaugh and Herb Marx
and NRAB Practitioners
FXQ/kk