ARTICLE IX - PAYMENTS TO EMPLOYEES INJURED UNDER CERTAIN

CIRCUMSTANCES







. or alig::ting from off-track vehicles authorlzed by thu Carrier and art~-






                    (b) Payments to be Made:


          In the event that any one of the losses enumerated in subparagraphs (1), (2), and (3), below results from an injury sustained directly from an accident covered in paragraph (a) and independently of all other causes and such loss occurs or commence' within the time limits set forth in subparagraphs ( 1), (2), and (3) below, the carrier will provide, subject to the terms and conditions herein contained, and less any amounts payable under Group Policy Contract GA-23000 of The Travelers Insurance Company or any other medical or insurance policy or plan paid for in its entirety by the carries, the following benefits:


                    (1) Accidental Death or Dismemberment


          The Carrier will provide for loss of life or dismemberment occurring within 120 days after date of an accident covered in paragraph (a):


Loss of Life $100, 000
 Loss of Both Hands 100,000
 Loss of Both Feet 100, 000 .
 Loss of Sight of Both Eyes 100,000
 Loss of One Hand and One Foot 100, 000
 Loss of One Hand and Sight of One Eye 100, 000
 Loss of One Foot and Sight of One Eye 100, 000
 Loss of One Hand or One Foot or Sight
 . of One Eye 50, 000

          (Loss shall mean, with regard to hands and feet, dismemberment by severance through or above wrist or ankle joints; with regard to eyes, entire and irrevocable loss of sight. )


          Not more than $100, 000 will be paid under this paragraph to any one employee or his personal representative as a result of any one accident.


                                _2_

                                            PL 8 .sae

                                            Award i


                            r


The Decedent was employed as a Fireman on a work train to perform track maintenance work between Mattoon, Illinois,. and East St. Louis, Illinois. The assignment stipulated that the train.and engine crew would tie up at various - locations as the work progressed and upon reaching the tie up point on a particular day, the crew was provided with lodging accommodations paid for by the Carrier in accordance with the provisions of Article 11 of the rune 25, 1964 National Agreement, the pertinent parts of which are shown below:

              ARTICLE! I - EXPENSES AWAY FROM HOME


              (1) When the Carrier ties up a road service crew (except short turnaround passenger crews), or individual members thereof, at a terminal

              (including tie up points named by assignment.

              bulletins, or places listed in Schedule Agree

              merits, or observed by practice, as regular points for

              tying up crews) other than the designated home

              terminal of the crew's assignment four (4) hours or

              more., each member of the crew so tied up shall be

              provided suitable lodging at the Carrier's expense'

              or an equitable allowance in lieu thereof Suitable

              lodging or an equitable allowance in lieu thereof

              shall be worked out on a local basis. The equita

              ble allowance shall be provided only if it is not

              reasonably possible to procure lodging.


              If an allowance is being made in lieu of lodging as well as other considerations under provisions of

              existing agreements the amount attributed only to'

              lodging shall be removed if suitable lodging is supplied,

              or offset against an equitable allowance. This shall

              be worked out on a local basis.


                The provisions of this agreement shall be made. .

              effective at a date no later than 30 days following the

              effective date of this agreement.


The record and evidence sho~vs that effective April 23, 1962, the Carrier established 3 work train, perfr, wring !rack maintenance on its St. Louis Line, St. Louis Division, which Division r%<te:,ds in a westerly direction front Indianapolis, I-idl=_.-.a to "-,sl St. Louis, Illinois, a distance of approximately 249 miles. :'fork h;egan immediately outside switching limits, Big Four Yard (Indianapolis) and p.oceacic.u .·:~sterly. As the work p?o_;ressed the crew in service vii the work f'rMn colr:pli:_,;d service, on a daily I:·llsis, at various locations, and on ~C~r _17, 1963 first came wit-in the Jurisdiction, of Track Supervisor N. B. Sellars, whose tcrritory e;cte-:rdod from Pana, Illinois (Mile Post 167) to East St. Louis, Illinois (M,ilc Post 2Gr; s,
                                          PL G 593 .

                                            Iq t.J a- f-,4 I


At many locations at which the crew on the work train completed their tour of duty each day there were no facilities for "suitable lodging", as used in the June 25, 1964 National Agreement, immediately adjacent to the tie-up point so that it was necessary for the crew to be transported between the tieup point and the designated facility at the completion of a tour of dirty; from the lodging facility to the work point at the beginning of the next succeeding tour of duty.

 The record and evidence further shows that there is an inadequacy of public transportation in the area within Track Supervisor Sellars' jurisdiction known as Maintenance of Way Subdivision No. 14 and the record further shocv4 that the members of the train and engine crew in service on the work train were initially transported between the lodging facility and the work site by Maintenance of Way Department vehicles.

 The record and evidence further shows that on October 22, 1968 Track Sup~_rrisor Sellars was approached by the Conductor in service on the work train at that time, E. L. Bolles, at which time Mr. Sellars authorized a member of the work train crew to be selected by that crew and to be reimbursed on a milaage basis to furnish his privately owned automobile to provide the necessary transportation. It was proposed at that time that the utilization of privately owned automobiles for the purpose of transporting the members of the crew between the lodging facility and the work site was to be on an alternating basis among the members of the crew, one member to provide transportation for
 the entire crew.'

 It is the contention of the Carrier that the use of the privately owned automobiles for the purpose above outlined was to be confined to the transportation
 of the crew from the lodging facility to the work site in the morning; from the,
 work site to a suitable restaurant for lunch, if necessary; and from the work
 site to the lodging facility upon the completion of the day's tour of duty.

 The record and evidence further shows that the crew in service on the work train at the time that the authorization to use private automobiles was requested and granted by Track Supervisor Sellars consisted of Locomotive Engineer J. S. Hutchins, Locomotive Fireman A. D. Hughes, Conductor E. L. Bolles, Brakemen G. L. Hutton and C. H. Walker.

 The record and evidence further shows that Engineer Hutchins utilized his automobile during the first period immediately following the authorization granted by Track Supervisor Sellars and that during that period lie billed the Carrier for 400 miles, and there is no showing that this mileage exceeded;' that comtemp lated by t!:^ ;... ,..,:izatioa, .i.:it is, the transpoH-::y of the Crew between tile work site and the lodging site and to and from lunch, which was obtained at the lodging site.
                                              PL, C3 5rd°3


. Award 1

    The record _`·:rthcr sho:;s the- d;;rir._7 the work week beginning N'onday, N''ovember 25, 1966, tao work train^. Crew wz.=. lodged in thn -lei-Cafc Motel On RCrute 66, approximately three m.os 1.'ust of Livingston, lllfnois, and that the said N4etel was approximately five miles Iron the work site at that particular time.


    The record further shows that adequate dining facilities were. maintain---,! immediately adjacent to the lodging facilities.


    The record further shows that on Wednesday, November 27, 1968 (the date on which the traffic accident occurred in which the decedent Fireman Easton was killed) the work train crew consisted of Engineer C. H. Moulton, Jr., Fireman A. M. Easton, Conductor E. L. Bolles, and Brakemen G. L. Hutton and H. W. Henderson.


    The record shows that the crew performed service from 5:30 a.m. until 3:15 p.m.; that they were engaged in unloading main track cross t:;:s between Mile Post 217.4 and Mile Post 219, and that they began and completed their tour of duty at Livingston, Illinois.


    The record further shows that Fireman A. M. Easton, the decedent herein, was the member of the work train crew utilizing his privately owned vehicle to transport the entire work train crew, pursuant to the authorization given by Track Supervisor Sellars, October 22, 1968.


    The record further shows that upon completion of the tour of duty on November 27, 1968, the entire crew above named, transported by Fireman Easton, event directly to the Hi-Cafe Motel.


          The record further shows that the said crew arrived at the Hi-Cafe

    Motel not later than 4:00 p.m. -'


    The record further shows that at 7:50 p.m. on November 27,. 1968, Fireman Easton and Engineer Moulton were involved in a traffic accident at the intersection of Livingston Road and Route 66, a point -3.08 miles south of the FIi-Cafe Motel, and that both Fireman Easton and Engineer Moulton - sustained fatal injuries in the said accident.


    The Organization contends that subparagraph (a) (2 ) Covered Condition; of Article IX above referred to which reads, "being transported at Carrier expense" governs this case. The Organization shows that Fireman Easton was, in fact, paid daily mileage allowances several miles in excess of the mileage necessary to transport the work train crew between the on and off duty points and the suitable lodging location. However, this contention in itself is not persuasive for the reason that failure of the Carrier's employees to check tire claims for mileage made by the owners of privately owned automobiles to determine the purposes

                                                    PL. ~3 5 3

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      1V: ~.·...u., ti:v: ..ilil.ure `~yJ li.ydV C.r:v' i~a._u ltJ: yu_t.:V: ~uJ:r.(r'~1..'V. r.a may_i,

      %li:. G:Gir.''.. 1 :G'i:d, there 1S CCri.li::c.% L-C) S::Gt: t% it

      tal: O.·1~/,i::._::O=_..,..ail:~ ....y.. a..y driV1n.3 Q::v G'il~ll.`.J G.. pl"~Vy':.V CL, y a.._.H W'C:J ~G ..~'t~.a~JG_. ..ai GLLl~7 O:'._y 1)Ct\·ieen the poirits above roferrei: tG, and that the authG:i_':a,tion did n UZ OOi:_v:: p'.ut2 UtiiiZiilg tile pYiVF~ely cwncd auto -_ob4les crew, o= any part of it, to restaurants of cr t:-an those found at t:zo lodging site c= adjacent thereto.


      Tile facts as revealed in the record and in the evidence show 'shat the decadent had returned to the lodging sit,- on l"Iednesday, \ovaber 27, l9o"E^, upon the completion of the- tour of duty of the entire craw, at a time not later than 4:001 p.m.


      The evidence further shows that the decedent in company with E :ginear Roulton, left the lodging site sometime after the crew event off duty, and i::^ai. t_12y C:rl°ara involved in a trafff Livingston Road

      ,and Route 00, some 3.08 miles south of the lodging site, and some four hours arid twenty-five rainuteS after they went off duty, and approximately three ..Cur:. and fifty minutes after the crew reached the designated 1Ccck,;i :g and dining sit::. -


      The evidence and the record cl ariy show that the authorizatio n t0

      use pr:VGte automLUailes, was granted ay Track SUparvisor feilnr5 01:1 or aJCut

      vCCo:iar GL, 1968, ::Ore than one month prior :O the accident ..o. We

      find f.fro-i: tie- record and the.evidence tha'_ the purpose of this caiai:O:i~a_.~...

      W-s to ii.irnish transportation between the worn site and the 1GCg.·.n^.·~ Siie. W,~

      ' ·..},o- .c· ... < .4 .. .i ~:.:

      zur:a~.: :Zino ''~:at the restaurant a. T.1V1 :e'ysGl., Tlliru'JiS, was at `.:e 33::2 1J:c~_J:

      as the lodging site, and we further find titat tile clairnailt ::ad no autaOr='L;y too

      use iiis autoiiioblie to ."- noint removed frblil that lodging

      Site, when adequate restaurant facilities existed at the said lodging Site. Vor2

      fur. il~r find That the contenLtion tide',: the clai:rldit was paid for iraV2lir:C-' -:C:i: -i:

      lo&,;lng and meal site fit Livingston, Illinois t0 d r2Staura n% Of his own C%O~C:: '.-'.C:~:=

      distance removed therefrom, is, not well founded in fact of in law. X-Ve furia:_° fi:i.'.:

      iiom the evidence that he was riot "being transpcfed at carrier exile expens3,1 at t-1,10

      'lime o:.' the accident in which he met his death, within tile rleaning.Gf t12 tcfm as

      Oan d ii: subparagraph (a) (2 ) Of Article :Sit We further find the;: il was : C:

      -ecaSSaiy for Mr. Sellars, who grciiiLed the authorization on October (L2, 1,1968,

      t~ it npG52 any r2Stri~tlons on the USe G: private Cars for rite rre-,so- L:c tt05

                                                          2restric=''ion swere inherent in the authoriGC.tiGn which was granted for the purJG=.e

      O': transp'Jii ng the crew t0 and from. the j05 s-.te to the lodging site, and :'G an&

      frG:n t E job site to the restaurant adjacent to the lodging site for t_:e noon n -mea-IS.

      t'vrc: IUItner find that the meals were available at the lodging site and for tf:=ezssO: S


                : ,

      ..aGC'In in the findings, we must deny the C_c.i:.^ '


      tai', .:il; Claiiil C:~aiQC: ill 1CCorU~LIGo ..-itli tile flndinf,s.


                                  a..


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