WASHINGTON — The Surface Transportation Board on Thursday denied Union Pacific’s request for a protective order that would have put a cloak of confidentiality over the temporary employment data the railroad is required to submit.
In its decision, the board also directed UP to submit public versions of previously submitted data.
UP submitted its petition for a protective order after the STB’s Jan. 31 decision that extended the reporting of detailed employment data to Dec. 31 and required updated information from UP, BNSF Railway, CSX, and Norfolk Southern.
UP now must 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,” Chairman Martin J. Oberman said in a statement. “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.”
Union Pacific said it was disappointed with the decision.
“We continue to provide the information requested by the Surface Transportation Board and share the same goal – a safe operating environment where we provide the service we promised our customers,” the railroad said in a statement. “Union Pacific is disappointed in the STB’s decision; we believe some of the data is sensitive and could provide our competitors an advantage.”
Note: Updated at 2:39 p.m. Central with comment from UP.
Talk about arrogance. UP has always had a “better than everybody else” opinion of itself. Nothing in this report should shock anyone. The STB likely spends as much time watching what UP is doing, than the rest of the Class 1’s added together. Understandably so.
Non compliance is UP (Vina?) wanting to hide employment information. There is no other responsible reason. So STB, glad you are DEMANDING it.
Maybe UP wanted to cut back on T&E till where it would have to impose more embargoes? AT least shippers and Amtrak can see trends that might have effect on delivery schedules and OTP.
IMO what would be more informative would be employment of T&E at each crew base. That would especially be important for Amtrak to know if certain trains might be subject to delays. With that thought in mind maybe that is why the many delays on NS for the Crescent south of ATL and the delays on the LSL and Capitol on NS?
UP is a publicly held company. Should be in their regulatory reports regardless.