Understanding how Arbitration and the Arbitrator work Apparently there has been some confusion created or maybe misunderstanding on the process of the Arbitrator and how the rulings are handled per the Railway Labor Act and felt it would best serve many parties to convey the facts before further misinformation is spread to the members. Discipline cases are scheduled for conferences by the Organization with the Carrier. During these conferences with Labor Relations, there are cases that the Carrier agrees to overturn or modify the charge, but in the cases where the Carrier feels they are justified in the handling of discipline, then the Organization will submit to the Carrier to proceed with taking the case to arbitration. After the Carrier is in agreement with the cases to be submitted, then the Organization submits an “Attachment A” to each case and submits the request for future arbitration to the National Mediation Board (NMB- a government entity under the Department of Labor and funded by the government), and the Carrier. The NMB then notifies the Organization and the Carrier if the request will be honored that preceding month or they give us a position on a waiting list. The method they use changes but there is a back log of different Organizations and Committees seeking Board cases before an arbitrator. This continues until the NMB does approve for our request for a Board and approve the funding for the arbitrator. Then we must wait for the arbitrator to advise both parties of probable dates and all parties finally agreed to a date. Both parties submit their submissions for each case between each either and provide a copy to the arbitrator prior to the Board date. The Cases are heard before the arbitrator, either in person or by phone. In some case, the arbitrator will give a bench ruling that basically means the case is handled right then with instructions and that the full award will come later. But most cases are just argued and then the arbitrator takes the cases under review for a ruling. There is no set time table to this process. On average we see it take about 3-4 months to get the initial award into our office. When the initial awards are received by both parties, the rulings are reviewed. Both parties, the Organization and the Carrier, have a right to request an Executive session between the General Chairman and the representative of Labor Relations. The requests are usually made by the Carrier over a potential ruling by the arbitrator. Everything is on hold until this executive session can be scheduled and heard between the parties. The awards cannot be signed nor can the preliminary awards be discussed. The Arbitrator then has a right modify any awards or to not modify (which is usually the case) from the conference during an executive session. Both parties must wait again until the awards are sent out again by the arbitrator before parties can sign the awards to make them official and the involved members can then be notified. It takes only two parties to sign the awards to make the awards official, which the arbitrator has already signed in most cases or the arbitrator will send the awards out unsigned and awaited for the parties to sign and send back to the arbitrator before the arbitrator sends out the final award. Either party may submit a letter of dissent in disagreement with a ruling that basically outlines their view on way the award was decided and the faults in the ruling. After the final awards are signed, whether by two parties or all three parties, the claimants are then notified by the Organization of the ruling by mail or in some cases by phone. Positive awards are enacted and the claimants are either placed back to work or earn the specifics of the awards. Negative rulings are enacted and the claimants are notified. This is a difficult and at times lengthy process that involves legalese and tact along with a knowledge of what is required under the Railway Labor Act and the means to be able argue the bullet points for our members in each case based on the facts. We currently have cases out that required an executive session as requested by the Carrier and was held in September and awaiting these final awards and we currently have cases from a recent Board that the Carrier has requested executive session and we are awaiting a date for this conference with the arbitrator and of course must then await longer for the decision of the arbitrator for these final awards. Our Office has been earning some favorable decisions in the Boards, along with the cases we are seeing the Carrier overturn or modify prior to going to a Board or during the conferences. Many members have earned significant back pay or return payments based on the efforts from this office and the groundwork laid out by the Local Chairmen. Group effort no doubt. I hope this information has at least garnered some insight into the process and provided further education for those that might have been misinformed. Dale Barnett UTU Asst. General Chairperson GO-513 Former L&N, NC&St. L & CRR
Posted on: Fri, 15 Nov 2013 14:10:25 +0000
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