The Claimant, Mr. J. Piskura, protests Carrier's May 28, 1987 letter which terminated his Maintenance of Way Seniority under Rule 4, Section 3, due to his failure to return to work from furlough within ten (10) days of April and May letters of notification to report to the Elizabeth Track Office, Elizabeth, Nea Jersey. The April and May letters were mailed to Zabrisky Street,

FRED BLACKWELL Jersey City, NJ, which was the Claimant's address of record witY ATTORNEY AT LAW

P. L. BOARD N0. 3781 / AWARD NO. 47 / CASE NO. 47 [113]

the Carrier; and to a previous address of record, also in Jersey City. The return to work letters and the May 28, 1987 seniority forfeiture letter, were sent Certified Mail and were returned to carrier marked "unclaimed" or "unknown."

At the time in question the Claimant was not at the address on Zabrisky Street and had filed a change of address order with the U. S. Postal Service effective May 1987-November 1988. Possibly because the Claimant was homeless during this period and was enrolled in a therapy program, at St. Lucy's Shelter, the change of address order did not serve to route the Carrier letters to him. The record does not show how or when Claimant learned about the forfeiture of seniority, but, the herein protest was filed in October 1987.

In the context of Claimant's personal life during the pertinent period, the filing of a change of address order with the Post office was a plausible action; it was intended to keep him in touch with society and job opportunities and he could reasonably expect the Postal Service to deliver his mail in accord with the change of address order. However, the Postal Service did not carry out the change of address order, and thereby prevented claimant from having knowledge that he had been recalled to work from furlough. The Board finds therefore that the Claimant's failure to respond to the return to work letters of April and May

1987 was due to conditions beyond his control, which renders Rule

P. L. BOARD NO. 3781 / AWARD NO. 47 / CASE NO. 47 [113]

conditions in October 1987, the Carrier should have reinstated him to the seniority roster. Accordingly, in view of the foregoing and on the whole record, the Carrier will be directed to reinstate the Claimant's Maintenance of Way Seniority; however, since the Carrier is not responsible for the acts of the Postal Service, the Carrier should not be held liable for wage loss.

AWARD:

The carrier is directed to reinstate the seniority of the Claimant, but his claim for wage loss is denied. BY ORDER OF PUBLIC LAW BOARD NO. 3781