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National Association of Railroad Referees

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News

August 24, 2009.  Report of the Nominating Committee

August 22, 2009 Report of the Nominating Committee  (pdf 6 kb)

March 12, 2009.  2009 Annual Meeting Update

The annual conference will be held on September 24 and 25, 2009, at the Embassy Suites, 600 N. State Street, Chicago, IL 60610.  Reservations:  866.377.3067.  Dinner Thursday night at Harry Caray's.  Program information will be available soon.

May 8, 2007.  Joint Recommendation of the Section 3 Sub-Committee for Section 3 Improvement

  February 27, 2007 Letter of transmittal and Joint Recommendation (pdf 618 kb)

March 15, 2006.  Crew Consist & FELA Bargaining

On March 10 a federal court ruled that UTU need not bargain nationally issues related to crew consist or a proposal to eliminate FELA.

March 10, 2006 Memorandum and Order (pdf 1.1 MB)

February 9, 2006.  2006 Annual Meeting

The annual conference will again be held in Chicago.  Dates are September 15-16.  Location is the Millenium Knickerbocker Hotel, 163 East Walton.  Contact Dennis Campagna to make program suggestions.

January 4, 2006.  NMB to authorize days.

We received word this morning that the NMB expects to allocate days to arbitrators for work in January.  Authorizations should be issued this week.  No days were authorized for December, but the full year budget has now been signed by the President and so NMB is up and running again.

December 12, 2005.  CSXT v. NMB, cont.

Today the D.C. Circuit dismissed with prejudice the NMB's appeal of the district court's determination that the collapsing of the CSXT boards was in violation of the Act. 

August 30, 2005CSXT v. NMB, cont. (See related items below at March 5, 2005, & Nov. 14 & May 4, 2004)

August 29, 2005 Memorandum Opinion (pdf, 94 kb)

July 15, 2005.  Third Division Procedural Dispute.  Posted in reverse time order.

July 15, 2005 Letter from BMWED Labor Member Robinson to Neutral Member Wallin, with attachments (pdf, 990 kb)

July 13, 2005 Letter from Neutral Member Wallin to Roland Watkins (pdf, 38 kb)

July 11, 2005 Letter from NRLC Member Lesnik to Neutral Member Wallin (pdf, 32 kb)

July 9, 2005 Letter from BMWED Labor Member Robinson to Neutral Member Wallin (pdf, 54 kb)

May 6, 2005.  IAM v. NMB

  IAM Complaint for Declaratory and Injunctive Relief (without attachments, 50 KB)

  IAM Memorandum in Support of Motion for Preliminary and Permanent Injunctive Relief (pdf, 97 KB)

March 5, 2005.  CSXT v. NMB, cont.  (See related items below at Nov. 14 & May 4, 2004)

  NMB Motion for Expedited Consideration of Parties' Cross-Motions for Summary Judgment (February 9, 2005) (pdf,  65 KB)

  CSXT's Opposition to Defendant's Motion for Expedited Consideration of Parties' Cross Motions for Summary Judgment (February 18, 2005) (pdf, 44 KB)

   Ex. 1: Kenis's PLB 6509 Report of Activity (pdf, 27 KB)

   Ex. 2: Goldstein's PLB 6510 Report of Activity (pdf, 67 KB)

   Ex. 3: Haas to Callet (February 17, 2005) (pdf, 16 KB)

  Declaration of James H. Wilson (February 16, 2005) (pdf, 340 KB)

  Attachment 1:  PLB No. 6508, Award Nos. 1-8 ("Douglas Award") (October 7, 2003) (pdf, 2.4 MB)

  Attachment 2:  PLB No. 6510, Award No. 1 ("Goldstein Award") (January 5, 2005) (pdf, 720 KB)

  NMB's Unopposed Motion for an Extension of Time to File a Reply in Support of Its Motion for Expedited Consideration (February 22, 2005) (pdf, 32 KB)

November 14, 2004.  CSXT v. NMB:  BMWE Motion to Intervene

  BMWE Motion to Intervene (pdf, 80 KB)

  Carriers' Opposition.  Includes Rail Labor Division's Comments previously filed.  (pdf, 549 KB)

  Court Order Denying BMWE Motion to Intervene (pdf, 26 KB)

September 23, 2004.  Comments on NMB Proposed Rulemaking.

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National Assn. of Railroad Referees' Comments

(pdf, 41 KB)

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Labor Comments

Rail Labor Div., TTD (pdf, 150 KB)

Declaration of William Miller, TCU (pdf, 31 KB)

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Carrier Comments

NRLC (pdf, 1.02 MB)

Short lines (pdf, 17 KB)

August 9, 2004.  NMB Rolls Out Electronic Forms Program at NARR Annual Meeting.  All Arbitrators Are Encouraged to Attend.

The National Mediation Board will roll out its Electronic Forms Program for Arbitrators at the upcoming NARR conference in Chicago.  All arbitrators will be required to submit NMB forms electronically as of January 1, 2005.  Arbitrators are encouraged to begin the transition starting October 1, 2004.  The NMB will host three sessions describing the hardware and software requirements for the program at NARR on Friday, Sept. 10 at 8:00 a.m. and 4:30 p.m. and Saturday, Sept. 11 at noon.  The NMB strongly encourages all arbitrators to attend these sessions.

The shift to a paperless system in the NMB's Arbitration Department is part of a larger federal government-wide initiative to use technology to improve efficiency.  NMB staff will work with the arbitrators to ensure that this transition will be a smooth one.  Arbitrators will benefit from this initiative in several ways, says NMB staff.  First and foremost, arbitrators will receive payment for services much more quickly.  Second, it will be much easier to submit the various NMB forms in a timely manner.  Third, arbitrators will have the choice of going paperless at home as well.  An arbitrator can keep their own files electronically thus reducing his or her own paper files.

If you have any questions, please look for NMB staff at the conference.  They look forward to working with you to make this transition a smooth one.

(From material submitted by the NMB)

August 9, 2004.  NMB's Proposed Rule Published.

The NMB's Proposed Rule for Administration of Arbitration Programs has been published.  You can link to it here or at the NMB's website (www.nmb.gov, click on "What's New").

May 5, 2004.  CSXT Files Application for Preliminary Injunction against the NMB.

On April 23, 2004, CSX Transportation filed an Application for Preliminary Injunction against the National Mediation Board in the U. S. District Court for the District of Columbia, seeking to enjoin the enforcement of an order issued by the NMB with respect to certain Public Law Boards established between CSX and the Brotherhood of Maintenance of Way Employes.  The Carrier and the Organization had established 31 different PLBs to handle 301 various disputes involving subcontracting.  According to the Carrier, these cases involve "construction, snow removal, bridge repairs, installation of special warning signs, and a wide variety of other factual patterns, as well as a variety of issues."  (Plaintiff's Memorandum, page 24)
The NMB, on April 7, directed that 30 of the PLBs be cancelled and all of the disputes be consolidated into a single PLB.  Further, it directed that a referee be selected to serve as the sole arbitrator on the Board.  It then directed that the referee, within 30 days following his/her appointment, conduct a hearing and determine the guidelines for the resolution of the 301 cases.  The parties, under the NMB order, will then have 30 days to settle the disputes in accordance with these guidelines.  Whatever disputes are not resolved within that period will then be decided by the referee within a final 30 day period.  Finally, the NMB's order limits the referee to issuing a one page, non-precedential award for each dispute, stating only whether the claim is denied, sustained, or sustained in part, and what the remedy is.
 
CSX has requested a hearing within the next two weeks.
 
Barry E. Simon

Editor's note: Be patient loading these files on the above referenced CSX v. NMB case.

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Plaintiff's Application for Preliminary Injunction and Memorandum in Support (33 pgs, pdf, 1.28 MB)

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Verified Complaint (80 pgs, pdf, 2.93 MB)

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Defendant's Memorandum in Opposition to Plaintiff's Application for Preliminary Injunction (36 pages, pdf, 158 KB)

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Declaration of Roland Watkins (without attachments, 26 pages, pdf, 905 KB)

September 2, 2003.  Joe Sickles, R.I.P.
It is with sadness that we relay the Washington Post's report in the August 31 edition of the death from cancer of NAA Member Joe Sickles at the age of 73.  He is reported to have died on August 30th.  A death notice in the same edition reports that friends will be received at the Pumphrey Bethesday-Chevy Chase Funeral home, 7557 Wisconsin Avenue, Bethesda, Maryland on Tuesday, September 2, 2003 from 3-5 p.m. and from 7-9 p.m. Mass of Christian Burial will  be at Church of the Little Flower, 5607 Massachusetts Avenue, Bethesda,  MD 20816 on Wednesday, September 3rd at noon.  Contributions in lieu of flowers may be made to the Montgomery Hospice Casey House, 6001 Muncaster Mill Road, Rockville, MD 20855. There is an electronic family guestbook available at www.pumphreyfuneralhome.com.

Joe began arbitration in the mid 1970s and was an active, full-time arbitrator until shortly before his death. He worked in a variety of industries, in particular Postal and railroads, where he and I overlapped on several assignments. Joe was a great story teller and had a marvelous dry sense of humor and was well-liked by the Parties. In addition to his many other accomplishments, Joe was a founder and first President of the National Association of Railroad Referees.  (Submitted by David Vaughn)

September 2, 2003.  The NARR's response to the August 7th Advance Notice was posted to the NARR members' email discussion list.  Also sent was a letter to the NMB protesting the April 29th letter regarding alleged inappropriate practices in the submission of NMB Form 13.  (Submitted by Frank Quinn)
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Response to Advance Notice

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Response to Chief of Staff's letter of April 29

August 27, 2003.  An Advance Notice of Proposed Rulemaking for the Administration of NRAB Functions and Activities was published in the August 7 Federal Register.  Comment deadline (to arb@nmb.gov or by fax to 202.692.5086) is September 8, 2003.  Read one of the following for comment requirements and questions posed.  As always, discussion on members@rr-referees.org is welcome.
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Proposed Rule (pdf)

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Proposed Rule (html)

May 22, 2003.  Passenger Rail Labor Conference scheduled for September 25-26 in Atlantic City.  Registration deadline for early-bird rate is May 30, June 30 for hotel.
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Preliminary program and registration materials

April 25, 2003.  Section 3 Labor Subcommittee Members issued the following detailed memo in opposition to the NMB proposals on April 1.  Please address comments to members@rr-referees.org.
bullet Section 3 Labor Subcommittee Response

March 28, 2003.  Two memoranda to Section 3 Committee Members from the NMB have been received.
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NRAB Administrative Changes

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Section 3 Proposals

January 14, 2003.  Gil Vernon's remote control award was issued on Friday, January 10.  Use the following links to read the award and get the parties' reactions.
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The award. (pdf)

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BLE's reaction.

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UTU's reaction.

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Association of American Railroads

 

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This page last updated on 11 August 2009