In the Matter of a Mail Dispute Between:

 EXECUTIVE COMMITTEE, HOBOKEN TEACHERS' ASSOCIATION
 and
 VINCENT GERMINARIO

 P.S. Docket No. MD-87

 7/9/90

 Thompson, Joan B., Administrative Judge

 APPEARANCE FOR EXECUTIVE COMMITTEE HOBOKEN TEACHERS'  
 ASSOCIATION: Paul Kleinbaum, Esq., James Zazzali, Esq., Zazzali,  
 Zazzali,, Fagella & Nowak, One Gateway Center, Newark, NJ  
 07102-5311  

 APPEARANCE FOR VINCENT GERMINARIO: Vincent Germinario, pro se  
 87 N. Queens Street, Bergenfield, NJ  07621-1526  

This mail dispute was forwarded to this office for resolution pursuant to Domestic Mail Manual (DMM) § 153.72 and 39 C.F.R. Part 965. The parties dispute the right to delivery of mail addressed to the Hoboken Teachers' Association. The Findings are based on submittals of the parties and documents supplied by the Office of Field Legal Services, United States Postal Service, at Windsor, Connecticut 06006-0120.

1. The Hoboken Teachers' Association (hereafter HTA or the Association) is the bargaining agent for all Hoboken teachers. From June 1989 until installation of newly-elected officers in June 1990, disputant Vincent Germinario was President of the Association.

2. Prior to an internal dispute within the Association during the summer and autumn of 1989, the undisputed mailing address for the Association was 743 Park Avenue, Hoboken, NJ 07030-4005.

3. In September 1989 due to a petition signed by over 80 percent of the members of HTA requesting NJEA intervention, the NJEA (New Jersey Educational Association) and NEA (National Education Association) took certain actions affecting HTA. They included holding a meeting to resolve internal problems of HTA, ruling that a special September 1989 election validly elected certain members as the Executive Committee of HTA, and recognizing the Executive Committee as the "lawful governing authority of HTA for the 1989-90 school year." They also ruled that the Third Vice President position was held by Ms. Anne Blohm as she had effectively rescinded a prior resignation prior to acceptance of her resignation by HTA. Therefore, they did not recognize Ms. Cecelia R. Bailey, who had been appointed by Mr. Germinario, as Third Vice President.

4. Also in September 1989, Ms. Bailey as Corresponding Secretary and Third Vice President applied for a post office box for the Association.

5. On October 10, 1989, the Executive Committee of HTA passed a Resolution declaring that the proper address for HTA's mail was the current address at 743 Park Avenue, Hoboken, New Jersey, and that the attempt to change the mail address was improper. The Resolution also indicated the Hoboken Postmaster would be requested to release accumulated and undelivered mail to HTA or to Executive Committee members Kenneth Johnston or Louise Boscia.

6. By letter of October 13, 1989, disputant Germinario requested the Postmaster to deliver all mail addressed to HTA to the post office box which Ms. Bailey had obtained.

7. Thereafter attempts by the Office of Field Legal Services to resolve this mail dispute between Mr. Germinario and the Executive Committee of HTA were unsuccessful. That office initially ruled that Mr. Germinario, as President of the Association, was entitled to mail, but subsequently retracted that ruling. By letter dated May 15, 1990, the matter was transmitted to this office for resolution.

8. A telephone conference on June 7, 1990, by the undersigned with Mr. Germinario and the Executive Committee's attorney was also unsuccessful in obtaining an agreement by the disputants concerning delivery of the mail. At that time Mr. Germinario's address (which was previously not in the record) was obtained. It was decided that copies of the materials in the record would be sent to him as he had not received previous copies mailed to him at HTA's address. It was also decided he would be afforded an opportunity to file a submittal and a response to the submittal filed in behalf of the Executive Committee of HTA, and HTA's attorney would be entitled to file a response to his submittal.

9. In his submittal, disputant Germinario asserts that the NJEA and NEA could not strip him of presidential authority. He refers to provisions of HTA's Constitution concerning the election of officers which provides, among other matters, that officers are elected for one year and remain in office until successors have been duly elected and installed. He acknowledges that "Constitutional Elections" were held May 15, 1990. He requests that all mail addressed to HTA during his year in office be released to him.

10. Article V of HTA's Constitution prescribes the duties of the President which include presiding at meetings, acting as a member ex-officio on all committees, and calling special meetings. The Article also expressly requires that: "On retiring from office, the President shall deliver to his successor all books, papers and other Association materials in his possession." Article VIII sets forth the powers and duties of the Executive Committee. They include seeing that the objectives of the Association are adhered to, holding special meetings, and governing all expenditures of money.

11. The Executive Committee asserts that Mr. Germinario has had no authority to receive mail for HTA since September 22, 1989, when the parent organizations NJEA and NEA stripped him of his authority. In any event, they have shown that Mr. Kenneth Johnston was elected President of HTA on May 15, 1990, and was formally sworn in and installed on June 1, 1990, with a reaffirmation of the installation at a membership meeting on June 20, 1990.

1. This mail dispute resolution is to enable the Postal Service to carry out its responsibility to deliver mail. The ownership of any mail and other legal rights between the disputants are not determined.

2. Disputant Germinario is no longer President of HTA and has a duty under HTA's Constitution to turn over all books, papers and other Association materials to his successor.

3. Therefore, as Mr. Kenneth Johnston is now President of HTA, a mail delivery instruction should be issued that all mail currently being held or hereafter received which is addressed to the Hoboken Teachers' Association should be delivered to the Association at 743 Park Avenue Hoboken, NJ 07030-4005, or in accordance with Mr. Johnston's direction. See DMM § 153.51.