NATIONAL RAILROAD ADJUS RANT BOARD
THIRD DIVISION Docket Number CL-23356
Canton R. Sickles, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPTfTE:
(Missouri-Kansas-Texas Railroad Company
STATEMENT OF CLAR41: Claim of the System Committee of the Brotherhood
(GL-9000)
(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
Page 2
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
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