Metra wins $19.3M from UP for fare collection lapse; freight railroad may appeal

A Cook County jury awarded Metra $19.3 million in a lawsuit against Union Pacific Railroad over not walking through trains and collecting fares during the COVID-19 pandemic.

“We have said all along that our obligation is to protect our customers and taxpayers of the region, and on their behalf we are gratified by this verdict,” Metra Communications Director Michael Gillis said Thursday of the Wednesday verdict.

“While this is a disagreement between the parties, Metra and Union Pacific will continue to work together to provide service to our riders and the region.”

The freight railroad indicated that it might appeal.

“Union Pacific took good faith steps to safeguard the health of our employees and the communities in which we operated during the pandemic. We are disappointed in the jury’s decision and are exploring our post-trial options,” officials said.

The verdict comes amid a prolonged and bitter dispute over how much Metra should pay to operate trains on UP’s tracks.

In 2019, Union Pacific announced it no longer wished to operate commuter trains for Metra. Although the two railroads have essentially completed the transition, the finances are unresolved.

Metra and its partners UP and BNSF suspended collecting fares during Illinois' stay-at-home order in mid-March 2020. But in June when pandemic regulations were relaxed slightly, BNSF and Metra conductors resumed collecting fares and walking cars while UP held back.

The lawsuit cited the period between July 13, 2020, and May 31, 2021.

At the time, UP executive Benita Gibson said, “what we know about COVID-19 continues to change, and we have a responsibility to our employees and commuters to put their health and safety first.”

In the lawsuit, Metra stated numerous UP passengers had raised concerns about safety, “including complaints about the inability to locate trainmen to obtain assistance, the failure of trainmen to walk through the cars to encourage the wearing of protective masks, and the failure to open enough passenger cars to allow for social distancing.”