Alternative Dispute Resolution
Rail Mediation and Arbitration Agreement
In January 2009, the Montana Grain Growers Association and the Montana Farm Bureau Federation announced the signing of an agreement with BNSF Railway which gives wheat and barley producers an avenue to mediate and arbitrate rail freight rates. This agreement, for the first time in Montana’s history, gives farmers legal standing in rate cases.
The Federal Surface Transportation Board (STB) has been the traditional arbitrator of freight rate disputes, but limits cases to customers of the railroads. In Montana, those customers are generally the grain companies, not the grain producers who ultimately bear the cost. Our ADR agreement establishes a mediation process and an arbitration panel which gives grain producers legal status as railroad customers. Because no government agency is involved, cases will be addressed efficiently, in a short period of time and at reasonable cost.
Wheat and barley producers who are customers of BNSF Railway will work with MGGA and MFBF to address their freight rate concerns. If a complaint is determined to have merit, the farm groups will initiate the mediation process with BNSF. If, after 30 days, agreement cannot be reached, a legal, binding arbitration process will be initiated. A panel of expert arbitrators, mutually chosen by MGGA, MFBF and BNSF, will hear the case. Completion of the case must be within 120 days. The arbiters’ decision on the rate will be final, and legally binding. If the decision adjusts the freight rate, the new rate will be in effect for one year forward, and reparations may be awarded to the participating producers for the period 14 months prior to the arbitration.
Though the farm organizations had been informally mediating rate and service issues with BNSF Railway for the previous four years, with good success, all parties agree that a legal and binding arrangement solidifies the process for the future.
- Alternative Dispute Resolution Agreement
- ADR detailed summary
- Producer request form for rate review
- MT Rail Coalition – Efforts and Results Mar 2011
Use STB Uniform Rail Costing System (URCS) for calculating R/VC
- Download URCS Program from STB website
- URCS Tutorial and R/VC Analysis
- Required URCS Inputs
- Distance – BNSF rail miles inquiry
- Ag Fuel Surcharge Rates – posted by month (BNSF site registration required)
- Tariff Rate – BNSF current rate book (BNSF site registration required)
- BNSF SEC filings used to calculate cost lag