Primus warns against shipper retaliation; STB clarifies UP's role in tank-car case

Surface Transportation Board Chairman Robert Primus today issued a statement warning rail carriers to refrain from retaliating or threatening to retaliate against shippers and other stakeholders that participate in regulatory proceedings perceived as adverse to railroads.

Primus said that during his time on the board he's been advised such retaliation or threats of retaliation occur.

"While I am not suggesting that most railroads engage in retaliatory acts or threats in response to shipper engagement with the agency, enough concerns have been raised that I believe it is important to remind the industry that the board has already made clear several times over the years that it does not tolerate retaliation," Primus said.

"Shippers must be able to participate in board processes, both to protect their rights and to provide information to the board that is important to our mission, without fear of retaliation," he added.

The board should monitor such claims, and he encouraged shippers that believe they have experienced retaliation or threats of retaliation should notify the board. Primus' entire statement can be read here. 

Meanwhile, the STB yesterday issued a decision partially granting complaints filed by the North America Freight Car Association and several other associations and individual complainants regarding Union Pacific Railroad’s charges for moving empty, privately owned tank cars to repair facilities.

The decision clarifies UP’s obligations regarding charges moving forward. It directs UP not to charge for moving private tank cars to and from repair shops unless it can demonstrate that car providers are reimbursed for those expenses. All other aspects of the complaints are denied.

Click here to download the board's decision.