Union Pacific Can Challenge Rail Retirement Board Order in Court

Union Pacific Railroad Co. can challenge a US Railroad Retirement Board order in district court, a federal appeals court ruled Tuesday, reversing a lower court’s dismissal of the case.

The retirement board’s order granting a union party status in an administrative hearing constitutes “final agency action” under the Administrative Procedure Act and is subject to immediate judicial review, the US Court of Appeals for the Eighth Circuit ruled.

The decision allows Union Pacific to seek review of the board’s 2023 order, which designated the Brotherhood of Maintenance of Way Employes Division as a party in a hearing to determine ...