STB Denies UP’s Motion to Keep Employment Data Confidential
Written by Carolina Worrell, Senior Editor
The Surface Transportation Board (STB) on March 14 announced that it has denied a motion for protective order filed by Union Pacific (UP) to keep certain required, temporary employment data reporting confidential. STB 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) (download below), following STB’s Jan. 31, 2024, decision that extended the reporting of employment data to Dec. 31, 2024, and required certain updated information from BNSF, CSX, Norfolk Southern (NS) and UP.
Today’s decision, STB says, denies UP’s motion for a protective order and directs UP to file public versions of its Feb. 15 and Feb. 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.”
UP issued the following statement in response to STB’s decision:
“We continue to provide the information requested by STB and share the same goal—a safe operating environment where we provide the service we promised our customers. Union Pacific is disappointed in the STB’s decision; we believe some of the data is sensitive and could provide our competitors an advantage.”
