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National Association of Railroad Referees

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NARRator

OFFICIAL NEWSLETTER
OF THE NATIONAL ASSOCIATION OF RAILROAD REFEREES
MARCH 2003


Frank X. Quinn, President
Ann Kenis, Secretary-Treasurer
M. David Vaughn, President Emeritus
Anna DuVal Smith, Gatekeeper

James E. Conway, Vice President
John La Rocco, Vice President
Edward L. Suntrup, Vice President
Elizabeth Wesman, Vice President

 

NARR MEMBERSHIP DRIVE INCREASES OUR NUMBERS
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The question at issue is whether NARR should expand its membership to include airline referees.

HERB MARX ARGUES "YES"
After ten years of growth to nearly complete membership among railroad referees and to full  acceptance by and cooperative ventures with the NMB and the parties, NARR should consider this new opportunity to become an even more effective major organization in labor-management relations.  The merits: (1) Our cordial relationship with NMB board members and staff will be enhanced by becoming an organization of all neutrals working under the RLA.  (2) For neutrals whose practice currently includes railroad or airline disputes, but not both, opportunity for service will be increased through mutual exchange of knowledge and experience.  (3) Given current airline industry moves to seek RLA revision, we can make ourselves fully aware of and play a meaningful role in such proposed changes.  (4) Recognizing that railroad dispute resolution differs significantly from airline dispute resolution, we can accommodate this by some concurrent specialized sessions in our meetings and initiating more diverse ongoing activities.  In fact, growth in membership might make local or regional meetings feasible.  In sum, we open new avenues for professional expertise, while retaining the integrity of a specialized group (RLA dispute resolution) and thus in reality and appearance not be in conflict with the National Academy of Arbitrators and other more generally focused organizations.
  
BARRY SIMON ARGUES "NO"
Expanding NARR's membership to include airline referees may appear to be a logical extension because we are both subject to the RLA, but we really operate in different worlds.  The airline industry is nothing like the railroad industry and there is generally no commonality of representation.  Consequently, at our annual program meetings, we would have partisans attending who have little or no interest in the substantive issues facing the other industry.  Consider that the airline industry does not have a history of national bargaining, and safety regulation is the responsibility of two distinct federal agencies.  In addition, do the airlines have anything like New York Dock?  There is no national forum in the airline industry comparable to the NRAB and airline hearings are de novo.  The neutrals are not subject to the NMB's limitations on work time nor the payment provisions of Section 3.  Except for those few neutrals who have done emergency Board work in the airline industry, the existence of the NMB is inconsequential.  One of my fears is that the airline people will look at this only as a way for the railroad referees to seek work opportunities.  That is not the image we should convey.  When I was an advocate, I belonged to the Conference of Railroad and Airline Labor Lawyers.  What brought this group together was the common interest created by Section 6 of the RLA.  We had little, if any, discussion on arbitration issues.

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