NARRator

OFFICIAL NEWSLETTER

OF THE NATIONAL ASSOCIATION OF RAILROAD REFEREES

February 2004

NMB and NARR officers meet in Fort Worth, January 20, 2004

L-R, Top Row:  Jack Fletcher, V.P. Elect Jerry Wallin, Pres. F.X. Quinn, NMB Member Harry Hoglander, NMB Chmn E.D. Fitzmaurice
Bottom Row:  V.P. Elect Lynette Ross, NMB Arbitration Svcs Roland Watkins, Secy-Treas. Ann Kenis, Danielle Hargrove

A Cyberspace Fireside Chat with Herb Marx

Interviewed by Ann S.Kenis, Secretary-Treasurer

AK: Perhaps it’s best to begin at the beginning. Herb, how did you get started as an arbitrator and, in particular, how did you get involved in the railroad industry?

HLM: Let’s start by my expression of wonderment at being asked to take the chair here by the fireside, when I consider colleagues whose seniority (in experience if not chronological enrichment) exceeds mine and whom I deeply respect and admire.

I believe that somehow I was unknowingly guided to arbitration. My career started in journalism, which led to membership and then as an Executive Board member of the Newspaper Guild of New York, and so on to 24 years with a major corporation, leading to a position of Industrial Relations Vice President, with a staff of 30 involved in collective bargaining and dispute resolution. I appeared as advocate before many National Academy members from New England through the Midwest to California. Arbitration looked like a great post-retirement opportunity, but I decided to make the move to the center of the table much sooner, doing to in 1975.

As to railroad work, this is a story I always tell to those seeking my advice about becoming an arbitrator. That is, don’t just make phone calls or write letters. Instead, get off your butt and go see people. So, armed with recommendations to two of the three NMB members, I went to Washington. When I got there, David Stowe and Kay McMurray were out of town. However, said then General Counsel Dick Kasher, “Mr. Ives would like to see you..” I walked into George Ives’ office, who looked at me and said, “Hi, Herb, I haven’t seen you since Hanover.” So my fellow Dartmouth alumnus took me in hand and promptly got me an NRAB assignment.

AK: What are some of the changes you’ve seen as a railroad referee over the years?

HLM: The most significant change occurred as a result of the failed attempt to move the NRAB to Washington from Chicago, (That’s a whole separate story, which deserves recounting, but not here.) The Carrier NRAB members, nevertheless, were relocated to Washington. As a result, there was a sudden disappearance of the previous opportunity for Carrier and Organization members to confer on a daily basis, settle cases (without referee involvement), and generally “get along” on problems as they arose.

Otherwise, the continuing mutual understanding, respect, and genuine friendship among advocates and neutrals is the most important aspect of railroad arbitration. This comfortable and productive atmosphere is readily distinguishable from that in other arbitration venues, and it is what makes us so loyally attached to railroad arbitration The cloud on this horizon, of course, is the current and, to me, inexplicable developments by the NMB as to Section 3 operation – but that, too, is another story.

AK: Many of our members don’t realize that NARR is a relatively new organization. The late Joe Sickles was the first president and you succeeded him. How did NARR get started?

HLM: In 1992, Joseph Sickles, a respected and experienced referee, determined that an organization of railroad neutrals was sorely needed. He initially solicited interest from other referees, out of which a somewhat informal group was formed. Meetings were held at the time of National Academy sessions, with the formation of an executive committee and lively discussion as to the purposes for the group. The first meeting separate from NAA sessions was held in Philadelphia on September 24, 1994, at which the NARR emerged as a fully activated organization open to all current railroad neutrals.

Having served as the bold initiator of the new group, Joe Sickles determined it was time to complete his leadership capacity. I was offered the position as President, effective January 1, 1995. David Vaughn, who had served with Joe as Secretary-Treasurer, agreed to continue in that position, to my great good fortune. He was and continued to be the organizational center of the fledging group. Incidentally, I consulted with a dozen colleagues as to whether to accept the presidency. All were in agreement that I shouldn’t do it, in view of likely suspicion of the NMB and the parties as to our nefarious motives. Given such wise guidance, I decided to accept the offer anyway – one of my better judgments, as it turned out.

With David’s encouraging counsel and his time-consuming attention to records, finances, and membership solicitation, along with Barry Simon’s expert work on arrangements, our first full annual meeting was set for September 1995. The big question was: Would anybody come? Come they certainly did, and the rest is successful history.. The NMB invited us to consult with them. Carrier and Organization members accepted invitations to speak and lead discussion groups. The Section 3 Committee started scheduling its sessions at the time of our annual meetings, so that its members could participate in our sessions.

AK: You served two terms as president. Looking back, what do you see as the most important accomplishments of your tenure?

HLM: Thanks to the initial faith and efforts of our founding members, we quickly became the National Association of Railroad Referees in actuality and not just in title. Thanks to a succession of innovative Program Chairpersons, our annual meetings became incrementally successful in providing education, collegiality, intelligent discussion, as well as a fun-filled experience for our members and, most significantly, for our guests. Our place in the railroad dispute resolution process was secure and fully accepted. I am constantly grateful for this tremendous opportunity to serve in a leadership capacity in our most honorable profession.

AK: In your view, what are the critical issues facing railroad referees today?

HLM: Former NMB Chair Helen Witt, now one of most respected NARR members, said it all in her poignant and perceptive presentation in the current issue of The NARRator. While recognizing that there remains ample opportunity for innovation and response to changed circumstances, we must find the ways to preserve and to pass on to the future the fabric and application of a dispute resolution process which, despite its critics and doubters, has been of uniquely effective service.

AK: Any other thoughts you would like to share with the membership?

HLM: In less than a decade, NARR has fully established its place in railroad dispute resolution. Through the later presidencies of David Vaughn (one term) and Frank Quinn (two terms) and their Executive Board members, much further advancement has been achieved. With the nomination of David to undertake a second term, along with other new Executive Board members, I look forward with great pride and confidence in NARR’s future. Finally, a word of comfort to any of my wonderful colleagues who hesitate about a risk-filled opportunity: I am delighted that I ignored the well intentioned advice of others not to “get involved” with the NARR presidency. If you are confident in your ability to overcome the risk which confronts you, GO FOR IT!

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