SURFACE TRANSPORTATION BOARD

The Surface Transportation Board today announced that it has denied a motion for protective order filed by Union Pacific Railroad Company (UP) to keep certain required, temporary employment data reporting confidential.  The Board also directs UP to submit public versions of previously submitted data.

The petition was submitted by UP in Urgent Issues in Freight Rail Service—Railroad Reporting, Docket No. EP 770 (Sub-No. 1), following the Board’s January 31, 2024 decision that extended the reporting of employment data to December 31, 2024, and required certain updated information from BNSF Railway Company (BNSF), CSX Transportation, Inc. (CSX), Norfolk Southern Railway Company (NS), and UP.

Today’s decision denies UP’s motion for a protective order and directs UP to file public versions of its February 15 and February 29 data submissions within five days.

“With today’s decision, the Board emphasizes its commitment to transparency,” said Chairman Martin J. Oberman.  “While the Board takes seriously confidentiality concerns, UP has not demonstrated that releasing this employment data would cause competitive harm.  On the contrary, given the crucial importance of reporting on employment data to the restoration of robust rail service and the growth of the national economy, the public’s right of access to this information is paramount.  Indeed, the other railroads have reported their data publicly and understand the public interest in knowing this information.”

The Board’s decision in Urgent Issues in Freight Rail Service—Railroad Reporting, Docket No. EP 770 (Sub-No. 1), may be viewed and downloaded here.

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