NARRator

OFFICIAL NEWSLETTER

OF THE NATIONAL ASSOCIATION OF RAILROAD REFEREES

January 2004

NOMINATIONS FOR 2004-2005 OFFICERS
Bob Hicks, Chair of Nominating Committee

President - M. David Vaughn
Secretary-Treasurer - Ann Kenis
Vice President (West) - Gerald Wallin
Vice President (Midwest) - Lynette Ross
Vice President (Northeast) - Dennis Campagna
Vice President (DC & South) - James E. Conway

WHEN I AM OLD

by

Helen Witt

When I am old, I no doubt shall wear purple and, possibly, a red hat as described in a famous poem. Be the Good Lord willing, that day will come. And, when I am old, I shall not work as hard as I have become used to working, not because I do not like to work, but because there is so much else that I must give myself the opportunity to experience and enjoy before it is “too late.”

When I am old, I shall wonder who can take my place, who can know what I know, who can or will do what I do?

Recently, I read an article in an airline magazine the premise of which was that each generation has its own knowledge and wisdom, only a part of which is passed on to succeeding generations. Literature provided an example of the point. Everyone in the author’s generation knew the poem “Trees” by Joyce Kilmer. No one under the age of 50 knows it now and even those who do wonder why it was so acclaimed.

The article made me think again about my role in the profession of dispute resolution and my willingness to share what I know with younger, eager people who are interested in knowing it. If not all, then certainly some of what I know could be useful.

As there were two principal ways of learning to type, i.e., the “hunt and peck method” and organized instruction, there are two principal ways of learning to become an arbitrator. They are the “hunt and peck method” and organized instruction. While many institutions of higher learning teach courses in alternative dispute resolution methodologies, none proclaim that they prepare an individual to begin a career in the unique work of being an arbitrator or referee. More is needed than “how to” and that more can be provided by others in the profession.

Many older arbitrators like me had the good fortune to learn our craft in major umpireships where a neutral chairman presided over the dispute resolution mechanism established by a large company and union such as in the steel or automobile industries. The chief arbitrator or umpire typically had as assistants younger people who worked closely with and were supervised and critiqued by the chief arbitrator. First-person exposure to the parties, to the industry and its methods and rules, and to the day to day practice of arbitration was intense and highly focused. In part because of the sheer volume of the work, it provided a degree of experience within a few years that is seldom matched by individuals working in the ad hoc world for the same period of time.

The chief arbitrator served as mentor to the assistants, providing guidance in the fine art of analytical thought and aiding in the development of a practical system of judgment that had as its base line a commitment to “do no harm” to the relationship that would exist long after the departure of any single neutral. This system was essentially an apprenticeship at the end of which an individual was basically qualified to serve as an arbitrator in any sector.

Few arbitrators since the passing of most of the great umpireships have that same opportunity. Rather, many use the “hunt and peck method,” hoping to add to an annual caseload incrementally, a few cases at a time. There is little or no feedback in such a system except that which the market itself provides. If parties are not well served, they do not ask an arbitrator back. But normally, they do not tell the hapless arbitrator why and thus, he or she cannot learn from the experience.

In the railroad industry, there are centuries of tradition. The whole dispute resolution mechanism is unique and different from that found in mainstream arbitration in other industries and in the public sector. There is a history to it that reveals the evolution and illustrates why the system makes sense. Few referees have the opportunity to learn of it. And there is little opportunity for a fledgling referee to learn the intricacies of the industry, see it work, talk to its people, make visits to railroad facilities and come to feel like part of the industry and at one with the employees and officers on whom they will sit in judgment. But I and others like me do know these things. We have seen many railroad operations up close, talked to many railroad employees and officers and do railroad work because we love the railroad industry.

Now, how can we impart some of what we know to others who would love to know it. The “hunt and peck method” will not do. It is uneven. It takes too long. It is lonely. We, as arbitrators, and railroaders, as problem solvers, need to find an organized method of teaching the next generation of referees how best to become the important third element in labor management relations that the industry deserves.

Therefore, I propose that the industry, in cooperation with the federal government, establish a program that will ensure the survival of good practice in Section 3 matters. People with the desire and sufficient experience to learn should be offered formal instruction by representatives of the parties and others qualified in the subject matter to prepare them to do the real work of dispute resolution in the railroad industry. Mentors, who volunteer for the job, should be available to pave the way with individual representatives of the parties, to provide encouragement, and to fine tune the results in early efforts. Railroad management and the rail brotherhoods must be willing to spend the time it takes to offer genuine responsibility to new people in the form of selected real cases and then must be willing to critique the results. This cannot be done in a one-day class, as useful as that has been. It will require an ongoing effort to teach the substance of railroad contracts and the subtle differences that arise in local agreements.

These ideas are not new. They have been suggested and discussed in the past. But the intent of this opinion piece is to stress the willingness of old hands to offer the benefit of their years of experience to those who aspire to careers as professional railroad neutrals. I am willing, and experienced and almost old. And I accept the challenge. But there is a purple coat out there with my name on it.

OPINIONS EXPRESSED BY AUTHORS DO NOT NECESSARILY REFLECT THE POSITION OF NARR ON ANY ISSUE.

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