Employees

Frequently Asked Questions (FAQ)

What is a class action?

In a Class Action, one or more people, called Class Representatives, sue on behalf of all other similarly situated people, the "Class," who have similar claims. If the Court approves class certification, all of these people are called "Class Members." One Court resolves the issues in the case for all Class Members, except for those who exclude themselves from the Class.

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I received a "Notice" in the mail, what is it?

The "Notice () " you received refers to the settlement of three consolidated class action lawsuits against Union Pacific Corporation and Union Pacific Railroad Company (collectively, “Union Pacific”) (discussed below in "What is this class action about?" ). You received the Notice because you have been identified to be a Class Member. A Federal Court ordered and directed that the Notice be sent to you so that you could decide if you wanted to be included as part of the Settlement and receive the benefits under the Settlement, or if you wanted to opt-out (exclude yourself) from the Settlement Class, or if you wanted to comment about the Settlement.

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How did you get my address/personal information?

The list of U.S. Mail addresses for mailing the Settlement Notice was taken from the Union Pacific’s records pursuant to the Federal Court's order. The mailing will not result in disclosure of your personal other identifying information. All reasonable efforts were undertaken to mail the Notice only to potential Class Members.

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What is the Union Pacific class action about?

Three separate class action lawsuits – now consolidated as the “Lawsuit” – were filed against Union Pacific in connection with the theft or loss of Union Pacific computers or mass storage devices containing confidential information about current and/or former employees. (These incidents are collectively referred to herein as the “Data Breach Incidents”). The Lawsuit claims that Union Pacific was negligent in the way that it protected its employees’ confidential information, and that the Data Breach Incidents increase the risk of exposure to identify theft. The Plaintiffs allege that Union Pacific violated various state laws and assert claims on behalf of a putative class of similarly situated persons. Union Pacific denies all allegations of wrongdoing and contends it has complied with all applicable laws, but Union Pacific has agreed to settle the case to avoid the time, expense, and distraction of protracted litigation. The Settlement is not an admission of wrongdoing and does not indicate a violation of any law. Union Pacific agreed to settle the lawsuit to avoid the uncertainty, expense, and delay of continued litigation.

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How do I know if I am part of the Settlement?

The Parties in the Settlement have agreed that certain current and former employees of Union Pacific are should be able to receive the benefits of the Settlement. You are a Class Member and affected by this Settlement if you are a current or former employee of Union Pacific, and Union Pacific previously notified you by letter that your name and Social Security Number may have been contained on a Union Pacific computer or Union Pacific mass storage device that was lost or stolen in a Data Breach Incident between April 1, 2006, and January 31, 2007.

The Data Breach Incidents included in this Settlement are as follows:

• April 2006 – A Union Pacific employee’s laptop computer was stolen in Omaha, Nebraska, and never recovered.
• July 2006 – A Union Pacific employee’s laptop computer was stolen in San Antonio, Texas, and never recovered.
• September 2006 – A Federal Railroad Administration contractor’s computer was stolen in Atlanta, Georgia, and never recovered.
• October 2006 – A Union Pacific employee’s laptop computer was lost in central Texas, and never recovered.
• October 2006 – A Union Pacific employee’s laptop computer was stolen in San Antonio, Texas, and never recovered.
• December 2006 – A Union Pacific employee’s laptop computer was stolen in Salt Lake City, Utah, and never recovered.
• January 2007 – A Union Pacific employee’s laptop computer was stolen in Forest Hill, Texas, and never recovered.
• January 2007 – A Union Pacific employee misplaced a USB memory drive (or “memory stick”), in St. Charles, Illinois. The USB memory drive was recovered a short period later.

You are not included in the Settlement Class if any of the following apply:

• You are a judicial officer in the United States or a judicial officer’s family member through a third degree of relationship.
• You are an elected officer of Union Pacific or a member of Union Pacific’s Board of Directors.

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What is the Settlement Benefit provided to Class Members?

Union Pacific will provide the following benefits for Settlement Class Members: If you are a Class Member and contend that you have incurred actual out-of-pocket damages (compensatory damages) as a result of identity theft attributable to a Data Breach Incident, you may elect to seek payment (a “Monetary Payment”) for a portion of your demonstrable compensatory damages through a simplified Arbitration process. The simplified Arbitration will be presided over by an arbitrator to be agreed to by the Parties and approved by the Court (the “Arbitrator”). Union Pacific will be responsible for the Arbitrator’s fees and costs. There will be no in-person hearing. Instead, the Class Member will submit his or her claim in writing, along with supporting documentation; and Union Pacific, if it chooses to respond, will respond in the same way. The Arbitrator may, however, convene a brief telephone conference at his or her discretion. The Arbitrator may grant a Monetary Payment only on an individual basis. The decision of the Arbitrator will be final, binding, and non-appealable. Unless you exclude yourself from the Settlement, the Arbitration described in this Notice will be the only way you can seek monetary damages relating to any Data Breach Incident.

In order to initiate an Arbitration, a Settlement Class Member must submit a valid Identity Theft Claim Form ()  on or before January 8, 2011. The Identity Theft Claim Form must be completed according to the instructions provided on the form and signed under penalty of perjury.

Further details on the simplified arbitration process and how to initiate a simplified arbitration are provided in the Notice () .

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As part of the Settlement, has Union Pacific offered to do anything else?

In addition to the ability of Settlement Class Members to initiate a simplified arbitration, Union Pacific will make a number of changes that will benefit all Settlement Class Members concerning the manner in which Union Pacific safeguards confidential information of current and former employees. These additional protections are designed to reduce the risk of future data breaches and the consequences of such incidents or similar incidents. As a general matter, Union Pacific will cease using Social Security Numbers as a routine means of identifying its employees and will instead use Social Security Numbers only to the extent required by law (e.g., for payroll or retirement purposes) or as required in the operations of Union Pacific’s business (e.g., new employee applications or licensing).

In addition, Union Pacific will take the specific steps:

1. Union Pacific will restrict access to records containing Social Security Numbers to employees with job duties and responsibilities that require access to such information (e.g., for payroll or retirement purposes) or as otherwise required by law. Union Pacific has agreed to implement this protection no later than December 31, 2007.
2. Paper records or removable media containing Social Security Numbers will be stored in a secure location. Electronic records containing Social Security Numbers on file servers will be stored in a secure location with restricted access. For laptop computers, workstations, and shared network drives, Union Pacific will instruct its employees to remove or delete any records with a Social Security Number, or to move the record to a secure location on the network. Union Pacific has agreed to implement this protection no later than December 31, 2009.
3. Union Pacific will implement full disk encryption for all data files stored on Union Pacific laptop computers, which will protect those files from unauthorized access. Union Pacific has agreed to implement this protection no later than December 31, 2007.
4. Union Pacific will cease using Social Security Numbers as a routine means of employee identification (except for payroll, tax, and new hire purposes) on internal documents or forms no later than December 31, 2008. The implementation dates were agreed upon based on the size and complexity of Union Pacific’s operations and computer systems.
   
   Further details on the changes Union Pacific will make as part of the Settlement are provided in the Notice () .

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When, where and what is the importance of the Fairness Hearing?

A Fairness Hearing was held on December 7, 2007, at which time the Court approved the Settlement.

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What will happen after Final Approval?

Because the Settlement became final on January 8, 2008 (the Effective Date), you may submit an Identity Theft Claim Form to initiate a simplified arbitration at any time prior to January 8, 2011.

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Which attorneys are representing the Class Members in this litigation?

The Settlement Class is being represented by five law firms:

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Who are the Defendants in this litigation?

The Defendants in this litigation are Union Pacific Corporation and Union Pacific Railroad Company.

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Which attorneys are representing the Defendants in this litigation?

The Defendants are being represented by two law firms:

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How does a Settlement Class Member receive the benefit in this Settlement?

If you believe that you sustained recoverable losses, such as identity theft, as a result of a Data Breach Incident, then the only way to get a direct monetary payment under the Settlement is to initiate a simplified arbitration by submitting an Identity Theft Claim Form () . You may submit an Identity Theft Claim Form now.The Notice () and the Identity Theft Claim Form describe how to initiate such arbitration. Arbitrations can be initiated any time prior to January 8, 2011.

An Identity Theft Claim Form is available from the following: (i) at www.up.com/settlement; (ii) by calling the Settlement Administrator toll-free at 1-800- 760-4821; and (iii) from the Union Pacific Human Resources Service Center at 877-275-8747 (toll free), or through the UP network at 544-4000. Be sure to fill in and supply all the information on the Identity Theft Claim Form and sign it.

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What is the Deadline for Submitting an Identity Theft Claim Form?

The deadline for submission of the Identity Theft Claim Form is January 8, 2011.

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What is the Effective Date?

The Effective Date is the date on which the Judgment in the Lawsuit became Final, which was January 8, 2008.

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What if I need additional information about this case?

You may call the Settlement Administrator at 1-800-760-4821 to obtain an Identity Theft Claim Form. Please note that you cannot make a claim over the telephone, and must still submit your Identity Theft Claim Form in writing by January 8, 2011. If you have read the information regarding the lawsuit located on the homepage and these FAQs but have additional questions concerning the Settlement or obtaining the Identity Theft Claim Form, you should also read the Notice () , which summarizes the Settlement. More details are in the  Settlement Agreement () . You may also contact Class Counsel (please do so in writing and refer to “Union Pacific Data Breach Settlement” at the top of your letter).

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What happens if a Settlement Class Member does not file an Identity Theft Claim Form?

If you are a Class Member but do not submit an Identity Theft Claim Form () , the preventative measures that Union Pacific has pledged to undertake in the Settlement to safeguard your confidential information will automatically apply to you, but you will not be eligible to receive monetary relief for financial harm you suffer unless you initiate a simplified arbitration by submitting an Identity Theft Claim Form () , which you would need to do before January 8, 2011. Also, you will be bound by the final order and judgment of the court and you are deemed to have released all claims which were made, or which could have been made, in the lawsuit.

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Do I have the Option to Exclude Myself or Opt-Out of this Settlement?

The deadline for excluding yourself from the Settlement has passed.

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If a Class Member Opts-Out, can he/she file an Identity Theft Claim Form to get a monetary Settlement Benefit?

No, if a Class Member has opted-out, he/she is not eligible to receive any benefit under the settlement.

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Where can I obtain an Identity Theft Claim Form?

The Court approved the  Identity Theft Claim Form ()  at the Fairness Hearing. The Identity Theft Claim Form now is available from the following: (i) at www.up.com/settlement; (ii) by calling the Settlement Administrator toll-free at 1-800- 760-4821; and (iii) from the Union Pacific Human Resources Service Center at 877-275-8747 (toll free), or through the UP network at 544-4000. Be sure to fill in and supply all the information on the Identity Theft Claim Form and sign it.

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Can a Class Member comment or object to the Settlement?

The deadline for objecting to the Settlement has passed.

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What will the attorneys and the Plaintiffs be paid in this case?

Counsel for the Settlement Class pursued the Litigation on a contingent basis and paid all the costs of the Litigation, and they have not been paid for their work in the case to date. At the Fairness Hearing, the Court ordered that Class Counsel be paid a total of $350,000. In addition, the Court also approved an incentive award of $500 to each of the 27 Class Representatives who originally brought the Lawsuit. If approved by the Court, none of these payments will reduce the benefits you receive. Rather, these costs will be paid by Union Pacific.

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Has the Settlement received any sort of preliminary or final approval by the Court?

The Settlement was preliminarily approved by the Federal Court on July 30, 2007.

Final Approval of the Settlement was granted on December 7, 2008. No appeals were filed, and so the Settlement became effective on January 8, 2008.

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What else can I do?

Although the Parties are currently unaware of any identity theft attributable to the Data Breach Incidents, there are additional steps you may choose to take to obtain an increased level of protection against identity theft. These additional steps include the following:

You should continue to read your financial account statements promptly and carefully, review your credit reports, and monitor your credit reports once a year thereafter. For more information on getting your credit reports free once a year or buying additional reports, read Your Access to Free Credit Reports at www.ftc.gov/bcp/conline/pubs/credit/freereports.shtm .

You may also chose to place a “fraud alert” on your credit file. A fraud alert advises potential creditors that you may have been a potential victim of fraud and provides telephone contact information for the creditor to contact you. The alert lasts for 90 days. There is no charge for this service.

To place a fraud alert, call any of the three credit reporting agencies listed below:

If your confidential information has been misused, be sure to file a report about your identity theft with the police, and file a complaint with the Federal Trade Commission at www.consumer.gov/idtheft.

Further information on how you can protect yourself can be found at the Web site of the Federal Trade Commission, at http://www.ftc.gov/bcp/edu/microsites/idtheft/