Perez

*62 Opinion

Petitioner Joseph Perez seeks review of the order of respondent Workers’ Compensation Appeals Board denying reconsideration of the order and findings of the workers’ compensation judge disallowing benefits to Perez for injuries sustained while he was en route from his workplace to attend a specially called union meeting. As we shall explain, petitioner is entitled to relief.

In October 1982, petitioner was employed as a tank test mechanic by McDonnell Douglas Corporation. He was also a member of the United Auto Workers Union. The existing union contract had expired, but the union member employees remained working under the old contract. Numerous aircraft projects were in progress at the company, including a new DC 9 Super Jet which the company was introducing in competition with Boeing Aircraft. The company was in negotiations with the union for a new contract in order to ward off a strike. Company officers periodically announced over the public address system at its plant the progress of the negotiations “for the purpose of providing some urgency or getting production going or keeping it going.”

Petitioner was not an official of the union, but he was a member of…

The bulletin from the president of petitioner’s employer was addressed to all employees and stated, in full,

My colleagues see the trip to the union meeting as a trip which “was substantially connected to the employment and materially benefited the employer.” (Majority opn., ante, p. 65.)

The trip to attend the meeting was not connected with the employment. Petitioner had clocked out. He did not receive reimbursement for mileage to attend the meeting. He received no pay for attending the meeting. He arranged for his own private transportation to the meeting. He was a rank and file union member, not a member of the negotiating committee. According to petitioner, the purpose of the meeting was to present the issues in the new contract. He testified that there was to be no voting involved at the meeting and that the vote on the contract was to come two to three weeks after the meeting he was on his way to attend. At argument counsel conceded that there was nothing in the record as to whether there was any quorum requirement for the meeting.

I see no benefit to the employer from a trip by employees on their own time, in their own vehicles, to a central location for the purpose of…

Petitioner Joseph Perez seeks review of the order of respondent Workers' Compensation Appeals Board denying reconsideration of the order and findings of the workers' compensation judge disallowing benefits to Perez for injuries sustained while he was en route from his workplace to attend a specially called union meeting. As we shall explain, petitioner is entitled to relief.

In October 1982, petitioner was employed as a tank test mechanic by McDonnell Douglas Corporation. He was also a member of the United Auto Workers Union. The existing union contract had expired, but the union member employees remained working under the old contract. Numerous aircraft projects were in progress at the company, including a new DC 9 Super Jet which the company was introducing in competition with Boeing Aircraft. The company was in negotiations with the union for a new contract in order to ward off a strike. Company officers periodically announced over the public address system at its plant the progress of the negotiations "for the purpose of providing some urgency or getting production going or keeping it going."

Petitioner was not an official of the union, but he was a…