NARRator

OFFICIAL NEWSLETTER
OF THE NATIONAL ASSOCIATION OF RAILROAD REFEREES
April 2004

Q & As on the NMB

There was a generous response to Vice President Conway's article in the April issue. Several questions were raised concerning the NMB's plans to restructure the Section III process. Answers to several of the questions on the current status of NMB's developing plans follow in question-and-answer format.

Q: Has the Board abolished some PLBs?
A: Yes, in an April 7 letter to CSX and the Brotherhood of Maintenance of Way Employes, the Director of Arbitration Services wrote:

"Under section 154, Third of the Railway Labor Act, the NMB retains control over numerous expenditures that fund, among other things, the public law boards at issue here. Furthermore, the NMB has broad discretion in its funding decisions. See Railway Labor Executives' Ass'n v. National Mediation Board, 583 F.Supp.279 (D.D.C.1954), aff'd 757 F.2d 1342 (D.C.Cir.1985); see also Railway Labor Executives' Ass'n v. National Mediation Board, 785 F.Supp.167 (D.D.C.1991). Given this broad discretion and the NMB's interest in promoting economy and efficiency in public law boards, the NMB may condition the expenditure of funds under section 154, Third.

In the interest of economy and efficiency, these boards are hereby consolidated into one public law board. The cases are consolidated into Public Law Board No. 6711. the remaining thirty boards are hereby closed since the cases are consolidated into Public Law Board No. 6711."

Editor's note: See article related to the above in the News.

Q: Last year, the Board reported that with the implementation of video conferencing, savings in travel dollars would be passed on to neutrals. Has this happened?
A: No. The Board is bobbing and weaving on video conferencing and its benefits. There have been several refrains since the promised increase in the referees rate of pay. These include an investment in conferencing equipment at Chicago NRAB offices. The Director of Arbitration maintains that money saved on travel cannot be co-mingled with salary allotments.

Q: I'm having trouble getting responses to my phone calls to Arbitration Services. Does Roland Watkins return phone calls?
A: Try Carol Conrad. She is very good at responding to calls. Roland prefers e-mail.

Q: When will Arbitration Services simplify the paperwork?
A: At the September meeting in Chicago, the Board will announce a plan to implement electronic signatures. This will allow you to electronically--via computer--complete Form NMB-6 Travel Authorization, NMB-8 Activity Report, and NMB-7 Pay Vouchers. Your travel voucher with receipts will probably be done the old-fashioned way.

Q: Is there anyone who praises the work of referees?
A: Now and then a tribute is paid. More frequently, referees are blamed for delays, backlogs, and even overcharging. We are all blamed for the actions of one. The Director of Arbitration Services wrote on March 1, 2004:

"The first request for a board was docketed by the NMB on May 2, 2002, as Public Law Board No. 6508. The hearing began on August 19, 2002. In this instance, the arbitrator did not issue his award until September 2003. This was done after the Chairman of the NMB intervened and directed the arbitrator to issue the draft. The parties did not sign the award until October 14, 2003. The NMB paid the arbitrator approximately $18,600.00 for personal services.

The second request for a board was docketed by the NMB on May 2, 2002, as Public Law Board No. 6509. The hearing on this board was scheduled to begin on February 18, 2004, but the parties settled the cases. The third request, which was also docketed on May 2, 2002, has not been scheduled because the parties have not notified the NMB of the neutral selected by the parties. A strike list was provided to the parties on July 19, 2002.

It is estimated that the remaining thirty-one (31) boards will cost the agency $576,000.00 in arbitrators' salaries. Since the parties are scheduling these boards after the conclusion of the previous board, the hearings on these boards will take years to complete. BMWE has advised the NMB that there are approximately ninety-five (95) more cases ready for inclusion on public law boards. The NMB understands that there are approximately three hundred (300) additional cases on the Carrier's property which might result in arbitration. The costs to the NMB could be over one million dollars in arbitrators' salaries."

Q: When does the Chair at the NMB change?
A: In September, Mr. Harry Hoglander will assume the Chairmanship. Meanwhile, Chairman Fitzmaurice has launched a program for a friendlier NMB.

Q: I recently handled a "third party" pays case. Do I have to file a copy of the award with the Board?
A: Yes. Ask the parties to submit a completed (signed) copy to the Board.

Q: Is there a plan for training referees?
A: The last training session involved approximately 30 people. Only 6 of these have been chosen for panels. This is because the Board believes that one day of training will open the doors. It has not been automatic. There is a need for training on several levels: (a) for beginners/novices, (b) for experienced referees, and (c) for the parties. This topic is on the business agenda, and NARR plans to appoint an education czar and a committee to design and implement continuous training, and, hopefully, increase acceptability.

Q: Last year there were suggestions for open NARR officer nominations from the floor. What happened to that suggestion?
A: The Parliamentarian suggests that members are free to nominate officer candidates openly from the floor. If there is a slate, send names to the Secretary-Treasurer.

Q: Are we planning to hold our next convention in Chicago?
A: Yes, for 2004 and 2005.

-FXQ

OPINIONS EXPRESSED BY AUTHORS DO NOT NECESSARILY

 REFLECT THE POSITION OF NARR ON ANY ISSUE

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