AWARDS 72 - SURVIVOR OR ESTATE ENTITLED TO PAYMENT IF CLAIM SUSTAINED

Second Division Award No. 5223 (Weston)

"Claimant died on September 13, 1964. This fact does not affect our exclusive primary jurisdiction nor the right of Claimant's widow or estate to receive the amount due him. The purpose of the Railway Labor Act is fulfilled if the claim itself arises out of the employment relationship. See Pennsylvania Railroad Company v. Day, 360 U.S. 548, 552, 552; 79 S. Ct. 1322, 1324 (1959).

"In light of the defects mentioned above, the discipline in question cannot be upheld on the record developed in this case. We will sustain the claim to the extent that Claimant's widow or estate will be reimbursed for all wages, including any vacation benefits to which he would have been entitled if not suspended or discharged, that Claimant would have earned from the date of his suspension to the date of his death, less any wages he may have received during that period. In view of Awards 3883, 4532 and 4866, we will not require Carrier to pay the premiums for Health and Welfare, life insurance and other items mentioned in Part 2(b) of the claim."