CHICAGO — In the latest twist in Union Pacific’s long-running effort to exit Chicago commuter rail operations, commuter agency Metra has asked the Surface Transportation Board to require UP to allow Metra to continue operating on the three UP lines it serves.
Metra’s filing today (March 7, 2025) asks the board to provide terminal trackage rights, because, it says, Metra service “is in jeopardy” since UP could terminate Metra use of the UP North, Northwest, and West lines when the current purchase-of-service agreement expires. That agreement, one of several recent short-term extensions of a contract dating to 2010, expires June 30. UP has previously said it expected the transfer of operations to take place in April [see “UP says Metra will take over …,” Trains News Wire, Feb. 11, 2025].
“Because the two sides are at an impasse and Metra cannot accede to UP’s unilateral and unreasonable economic terms,” the filing says, “Metra is seeking to establish its terminal trackage rights.” The filing cites a regulation allowing the STB to “require terminal facilities, including main-line tracks for a reasonable distance outside of a terminal … to be used by another rail carrier if the Board finds that use to be practicable and in the public interest without substantially impairing the ability of the rail carrier owning the facilities … to handle its own business.”
That provision also allows the board to establish conditions and compensation if the two sides are unable to do so. “Metra is not asking the Board to establish compensation at this time,” the filing says, “but reserves the right to do so, if UP ceases providing service and Metra and UP are unable to resolve the compensation level.”
The UP-Metra relationship has been a difficult one during much of the time since the two sides began negotiating a transfer of operations [see “Metra, Union Pacific in talks …,” Trains News Wire, Dec. 5, 2019]. A federal lawsuit filed by UP found that the freight railroad had no common-carrier obligation to continue operating commuter trains [see “Court rules Union Pacific is not obligated …,” News Wire, July 28, 2023].
The two sides also clashed during and after the COVID-19 pandemic over UP’s decision not to collect fares from passengers on its three lines, citing health reasons, at a time when other routes were doing so. That led Metra to sue UP [see “Metra sues Union Pacific over fare collection …,” News Wire, Oct. 14, 2020]. After a period in which it checked for fares only at Chicago’s Ogilvie Transportation Center, UP eventually began regular fare collection in June 2021, about a year after collection had begun on other Metra routes [see “Union Pacific to resume fare collection …,” News Wire, April 20, 2021.
Metra has previously asked the STB to intervene in the dispute [see “Metra asks STB for injunction …,” News Wire, July 21, 2020], but the board declined action while the federal lawsuit was in progress. Last year, it ordered the two sides to mediation at the request of UP [see “Regulators order …,” News Wire, Aug. 16, 2024]. Mediation was extended several times before the two sides reported reaching an impasse earlier this year.
Throughout the negotiations and disputes, the two sides have regularly stated that service would continue while their issues were resolved. Metra’s filing does not cite any indication this has changed, just the possibility that UP could choose to withdraw permission.
The filing asks that the STB “proceed expeditiously,” and suggests a 180-day timeline to decide the request.
A Union Pacific spokeswoman said the railroad is “aware of the complaint and will review,” but was unable to offer further comment as of this evening.
Here’s an idea. CNW should have bought the parallel CAE back in the early 50’s and maintained the CAE service while ending their own commuter service on what is now the UP West line. Then at some point they could have turned over the (former) CAE operation to public operation, and we would now have separate freight and passenger tracks…
We had plenty of interurban lines that today, could be these commuter operations.. Now they are abandoned or trails… Short sighted government non-action didn’t bother to save them for potential future use…
METRA sound like AMTRAK. Another ungrateful tenant trying use bureaucratic bullying to get what it wants. Ever hear of acquiring Right-of-Way and building your own railroad? Worked for Union Pacific and its predecessor roads.
I’m pretty sure that UP has benefitted substantially from the Metra service. It has gained signal improvements and a third track in places, for example, using government funding, etc. And it was UP predecessor CNW who started the bilevel commuter service that Metra still runs.
It seems that “for the first time since before the Civil War, passenger rail service on the UP Lines may end.”
Dr. Güntürk Üstün
During Covid hardly anyone was riding the trains, so no fare collection didn’t really cost that much. But even now ridership is less than half what it was before Covid. 58 trains per day on UP-West line carrying only 44% as many people is not going to fly after the money runs dry.
Well, its a dead heat between the Jolie-Pitt divorce and the UP-Metra divorce. Who is going to get resolved first?
As for the fare collection lawsuit:
“Union Pacific is entitled to a judgment declaring Union Pacific Railroad Company has no common carrier obligation to provide services (operating trains, selling tickets and collecting fares) to Metra for its commuter rail services on the Union Pacific North, Union Pacific West and Union Pacific Northwest lines. Civil case terminated.”
But I can’t find the case online regarding ticket sales and collection under the purchase of services agreement. It might be possible the case was dropped and they are throwing in some kind of settlement with UP as part of the transition negotiations. Not sure. Justia doesnt have any notation on that specific case.
Wonder what the results of fare collection vs. non-collection were? Anyone know the actuals?
Interesting question Thomas. I would guess (just a guess) that during the pandemic when UP didn’t inspect tickets many people bought fares on the honor system, knowing that the country was in difficulty and we each had to “do our bit”.
In any event, most METRA weekday riders are on monthly passes. Hard to think that anyone would anticipate (a month in advance) going a whole month without being checked.
While I have heard (through a mutual friend) of a few people who did explore the system while fares were not being collected, as far as I know, there were not many who did this.