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.
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