SerpApi.Org
WASHINGTON - In a victory for rail labor unions, the Surface Transportation Board today ordered Union Pacific and Norfolk Southern to make public the detailed merger-related job impact data that the railroads had labeled as highly confidential.
The decision also warned that the board will not tolerate retaliation against parties participating in its proceedings, including shippers, suppliers, and rail labor.
In prior Class I railroad mergers, the combining railroads have made public information that breaks down how union jobs will be affected by the merger, right down to the local level. UP and NS, however, shielded the information from the public and unions by classifying the information as highly confidential when they submitted their revised merger application in April.
A coalition of seven labor unions asked the board to make the information public, saying that it does not involve commercially sensitive information that would justify its designation as highly confidential [see “Unions ask STB to force…,” Trains.com, July 2, 2026].
While a summary of the impacts was included in the revised merger application accepted by the board in May, the seven unions sought specific information in two appendices that address specifics of the number and location of positions to be abolished, created, or transferred. Similar information was public in prior merger applications, including the Canadian Pacific-Kansas City Southern merger application filed in 2021, as well as Canadian National's application for purchase of the Elgin, Joliet & Eastern in 2007.
The board agreed with the unions. "Union Pacific has failed to sufficiently explain why its employee impact information is more sensitive than in other merger proceedings where applicants have typically made similar information public," the board said in its decision.
"Union Pacific's argument that other railroads can use the information to recruit its employees is also unconvincing. To the extent that other carriers are interested in soliciting Union Pacific or Norfolk Southern employees, the fact that there is a proposed merger proceeding already provides such an incentive," the board said. "Union Pacific also does not explain why location-specific employee information is competitively sensitive while much of their operating plan, which also includes information about where changes would occur, is not."
The board ordered that the railroads make the employment information public by July 27, the same deadline for filing supplemental data the board had requested when it accepted the merger application on May 28.
The decision today also noted that the board is aware of claims that UP CEO Jim Vena had threatened retaliation against parties that oppose the merger, including comments received in a letter from U.S. Sen. Tammy Baldwin (D-Wis.) [see “Senator renews claims…,” Trains.com, July 16, 2026].
"The Board expects all parties to agency proceedings to refrain from statements or conduct that could deter public participation or potentially influence interested persons to provide information or views that do not reflect their own judgment," the decision said. "The Board will not tolerate retaliation and will ensure that its processes are fair, transparent, and open to all stakeholders."
UP has denied that its executives had threatened retaliation. "It's disappointing that a comment was taken out of context and is being used to create a narrative that detracts from the real benefits of a single-line transcontinental railroad," UP said in a statement to Trains last week. "Union Pacific did not threaten anyone. We've heard from stakeholders across the board about real threats being made by our competitors who are afraid to compete."
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