(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPTfTE:
(Missouri-Kansas-Texas Railroad Company



(1) The Missouri-Kansas-Texas Railroad Company violated the current Rules Agreement between the parties, including but not limited to Article V of Addendum No. 5, when it failed and refused to compensate Mrs. Pearl McCutcheoa, mother of employe James E. McGlztcheon, accidently killed on May 8, 1978, in accordance with the terms thereof.

(2) The Missouri-Kansas-Texas Railroad Company shall now be required to compensate Mrs. Pearl McGtxtcheon the sum of $90,000.00 plus interest at the rate of six percent (6$) compounded annually from sixty (60) days following the death of Mr. James E. MeCutcheon, May 8, 1978.

OPINION OF BOARD: The claimant seeks a death benefit as the mother and
beneficiary of a deceased employe who was accidentally
killed when traveling in his personal automobile from his residence to his
place of employment..

The Organization alleges that the employe meets the requirements of Addendum No. 5 of Article V which sets out the circumstances under which payments are made to employee, or on behalf of employee, injured under the circumstances outlined therein. More specifically, the Organization alleges that the employe was traveling on the instructions of, sad %t-the expense of, the Carrier.

The Carrier, on the other hand, alleges that the employe was commuting from his home to his ,job employment to his here on his own initiative for the weekend.

The employe was headquartered in Muskogee, Oklahoma, which was also his residence. At the time of his death, he was filling a vacancy on Position No. 8366 which was located at Pryor, Oklahoma. He had received this assigcmment on April 5, 1978· He was paid the expenses of traveling to Pryor., Oklahoma for March 21, 1978, the date he received a previous assignment, immediately preceding this assignment, and had not b also claimed his room and board for the month of April. The death occurred on May 8, 1978 after he had returned to his home for the weekend on Friday, May 5, 1978.
Award Number 23356
Docket Number CL-23356

Upon complete review of the record in this case, we can find no basis for the allegations of the Organization that the employs was traveling on the instructions of, or at the expense of, the Carriers

The claimant obviously chose to return home for the weekend on his own volition and must be considered as commuting upon his return to his place of employment on the Monday morning of the fatal accident. Article V specifically excludes any compensation for injury which occurs while in a commuting status
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That the parties waived oral hearing;

That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has ,jurisdiction over the dispute involved herein; and

That the Agreement was not violated.

A W A R D

Claim denied.

ATTEST:

NATIONAL RALTROAD ADJUSTMENT BOARD
By Order of Third Division

Executive Secretary

Dated at Chicago, Illinois, this 14th day of August 1987