National Mediation Board Via Facsimile: (202) 692-5082
1301 K Street NW, Suite 250 East
Washington, D.C. 20572

To: Honorable Members of the Board

. . . alleged days listed for compensation for decision writing that occur after submission of the award to the parties, neutrals hearing cases prior to the NMB approval or addition of the case to the Board; neutrals claiming compensation for days which were not pre-authorized by the NMB; and neutrals traveling to hear a case without travel approval.

The April 29 letter informs railroad referees that these inappropriate practices "may constitute misuse of government monies" in violation of federal law. It further states that the results of an audit conducted by the NMB may require referral of the matter to the Department of Justice and/or removal from the NMB panel.

Our organization, the National Association of Railroad Referees (NARR) is comprised of a community of labor arbitrators who have served the railroad industry with distinction and honor for many years. Among our membership are some of the most distinguished and respected arbitrators in the United States. NARR encourages and fosters the highest standards of competence and character for railroad referees through continuing education and association of its members with other appropriate agencies, groups, and organizations. As part of our mission, NARR also has sought to promote mutual exchange of ideas and information with the NMB on matters pertaining to the field of railroad arbitration.

We do not take issue with NMB’s responsibility to ensure that revenues and expenditures are properly recorded and accounted for. But the exercise of that responsibility is ill-served when blanket letters indicting an entire group are used as a means of notice. If there have been intentional misappropriations or misuse of governmental funds, and we believe any individuals involved would have to be very few in number, the matter should be brought to the attention of those neutrals who are involved. Generalized accusations not only deprecate the many referees whose hard work and dedicated service are central to the resolution of disputes in this industry but are divisive and contrary to the collective cooperation needed by those in the RLA community.

NARR has had a productive relationship with the NMB since our organization’s inception, and we hope to continue to build upon that foundation in the future. However, we believe the tone and tenor of the April 29, 2003 letter was ill-advised and deserving of the remonstration set forth above.

Sincerely,
The Officers and Concurring Members of the
National Association of Railroad Referees