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1/4/2023
Four Class Is — CN, CSX, Norfolk Southern Railway and Union Pacific Railroad — have filed a joint petition asking the Surface Transportation Board to stay part of its new arbitration program for small rate disputes between railroads and shippers.
Although the railroads support the "basic goals and structure" of the STB's new arbitration program, they have concerns about certain aspects of it. As a result, they are considering appealing the board's ruling in court, according to the railroads' petition.
Specifically, the Class Is are concerned about a "pre-review opt-in requirement" that railroads commit to the arbitration program before knowing what its final content will be.
The STB's Dec. 19 ruling calling for the program's creation was structured in a way that contradicts earlier statements that railroads would not be required to participate in the program before knowing its final content, the Class Is' petition states. Their full petition can be read here.
Meanwhile, Canadian Pacific said in a separate filing that while it takes no position on the merits of the stay sought by the other Class Is, it "does support the effort to find a workable, reasonable and accessible alternative dispute resolution program" for small rate disputes.