PARTIES Brotherhood of Maintenance of Way Employes
 _TO
 DISPUTE: and
 The Chesapeake and Ohio Railway Company
 STATEMENT 1. Carrier violated the applicable Agreement when
 OF
 CLAIM: it failed to advise claimant L. M. Shambaugh, within
 the required time that his claim was disallowed.
 2. Claimant be compensated for four hours at the
 punitive time rate of pay for March 4, 1978 and 16
 hours at the punitive time and 7k hours at double
 time pay of the position of a Class "A" -operator.
 FINDINGS: The August 21, 1954 National Agreement provides that
 claims must be allowed as presented unless disallowed
 in writing within 60 days from the date filed.
 Claimant submitted his claim by letter of March 6,
 1978 for work at a derailment site on March 4, 1978.
 Manager of Engineering Robinson intended to deny

                                                Awd. l#19 - 2630


was addressed not to claimant, but to his cousin who had the same initials and last name as claimant, but a different first name, Luther. Claimant's first name is Lindy. The address on the May 2 letter was claimant's address.
 Mr. Robinson received a letter from Luther on June 8, 1978 advising that he had not submitted a claim on March 6, 1978. On June 19, 1978, Mr. Robinson informed Vice Chairman Twigg that the case would be considered closed. The General Chairman thereupon, on June 21, asked that the claim be allowed since claimant had not received a timely response.
 Of course, Carrier intended to deny the claim and would have done so in timely fashion,but for an error in names that may be somewhat understandable. Nevetheless, it cannot be held by any reasonable interpretation that claimant was given notification within the prescribed time that his claim was disallowed.
 It is certainly not claimant who should bear the loss occasioned by Carrier's own error, innocent though it may be. The claim will be sustained.
 The fact that the address on the Manager's letter of declination was claimant's address does not call for a contrary result. When claimant received at his address a letter addressed to his cousin, Luther, his proper course was to forward it on to tho addressee arid not to open and read it.
 Awd. I#19 - 2630

 AWARD:

 Claim sustained. To be effective within 30 days.

 Adopted at Baltimore, Maryland, ~l~C~i~,I/;j~ 1981.

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    Rarbld M. Weston, Chairman


Carrier Member

 Employe Member