In the Matter of a Mail Dispute Between:
 REV. PAUL N. CARRITHERS
 and
 REV. FRANK MUNKEL

 P.S. Docket No. MD-119

 10/02/91

 Cohen, James A. Judicial Officer

 APPEARANCE FOR REV. CARRITHERS: Rev. Paul N. Carrithers, P.O. Box 5128,
 Newport News, VA 23605-0128 

 APPEARANCE FOR REV. MUNKEL: Leo Jon Perk, Esq., Suite 200-A,
 780 Pilot House Drive, Newport News, VA 23606-1943

Disputant Carrithers appeals from an Initial Decision in which an Administrative Law Judge determined that mail addressed to Unity Church of Williamsburg, P.O. Box 646, Williamsburg, VA 23187-0646 should be delivered in accordance with the instructions of Disputant Munkel. Disputant Munkel opposes the appeal.

In the Initial Decision, the Administrative Law Judge found that the disputants are both employed as ministers, each operating churches with the same name, the Unity Church of Williamsburg. The Administrative Law Judge concluded that since the Association of Unity Churches n1 (hereafter Association) does not recognize Disputant Carrithers' Unity Church of Williamsburg and has only authorized the operation of Disputant Munkel's church, mail addressed to the Unity Church of Williamsburg, P.O. Box 646, Williamsburg, VA 23187-0646, should be delivered in accordance with the direction of Disputant Munkel (I.D., Conclusions of Law (COL) ##2-3).

n1 The record establishes that the Association of Unity Churches is a church organization based in St. Louis, MO.

Disputant Carrithers' primary contention on appeal is that the Association's recognition of Disputant Munkel's church does not entitle Disputant Munkel to the delivery of mail addressed to P.O. Box 646. Instead, Disputant Carrithers points out that his church, which is independent from the Association, is entitled to the mail addressed to P.O. Box 646 since it (1) is the original Unity Church of Williamsburg and duly authorized to operate as a church by the State of Virginia; (2) has been the boxholder of P.O. Box 646 since 1978; (3) continues to operate as a church under its original name at its original location, and (4) continues to pay the box rental for P.O. Box 646. n2

n2 Disputant Carrithers also requests a decision on the right to "control" P.O. Box 646. However, the purpose of a mail dispute proceeding is not to determine the issue of "control" of a box, but rather to determine who controls delivery of mail to the addressee.

Disputant Munkel opposes the appeal and contends that the Initial Decision should be affirmed. Disputant Munkel argues that he was improperly terminated from employment as minister of the original Unity Church and his employment has since been reaffirmed by a new church board elected by a majority of the members of his congregation. According to Disputant Munkel, the original Unity Church, under the ministry of Disputant Carrithers, is a splinter group which is not entitled to receive mail addressed to P.O. Box 646.

The record does not support the Administrative Law Judge's conclusion that mail addressed to Unity Church of Williamsburg, P.O. Box 646, Williamsburg, VA 23187-0646, should be delivered in accordance with the instructions of Disputant Munkel. Therefore, the Judicial Officer exercises his discretion to grant review on appeal and, on review, reverses the Initial Decision.

In accordance with Domestic Mail Manual (DMM) § 153.52, mail addressed to an unincorporated organization, which the Unity Church appears to be, is to be delivered as addressed as long as the business is being conducted at the same address, despite some members of the organization "breaking off relations." Moreover where, as here, there is a mail dispute between organizations with the same name, delivery is to made to the organization that is the most likely recipient intended by the senders, which is usually the organization operating for the longer time under the common tradename. See 2 Op. Solic. P.O. Dept., No. 764 at 548-49 (1988); 1 Op. Solic. P.O. Dept., No. 344 at 860-61 (1883); Advanced Telecommunications, Inc., P.S. Docket No. MD-99 at 3 (I.D. Nov. 16, 1990); Jack Malken, P.S. Docket No. MD-16 at 4 (I.D. June 2, 1988).

The Unity Church of Williamsburg, under the ministry of Disputant Carrithers, has been operating at the same location since 1977 and under its present name since 1988 (I.D., Findings of Fact (FOF) ##1 & 6). Disputant Munkel's church, formed mainly of members of the original church, originated in 1991 almost 15 years after the inception of the original church and three years after the original church adopted the name Unity Church of Williamsburg (I.D., FOF ##1, 5 & 7). Since Disputant Munkel's newly-formed, breakaway church has never been the boxholder, and it began operations and adopted the name Unity Church of Williamsburg approximately seven months ago, it is unlikely that it or its minister is the intended recipient of mail addressed to Unity Church of Williamsburg at P.O. Box 646. Moreover, the fact that many members of Disputant Munkel's new congregation were prior members of the original church does not entitle them or their minister to delivery of the mail since the original congregation, regardless of its size, still exists and operates as the Unity Church of Williamsburg. See DMM § 153.52. Finally, the record does not establish that the Association of Unity Churches, of which Disputant Munkel's church is a member, ever had any interest or control over the delivery of mail addressed to Unity Church of Williamsburg at P.O. Box 646. Therefore, as Disputant Carrithers contends, the Association's recognition of Disputant Munkel's new church as one of its member churches is insufficient, in light of the circumstances of this case and applicable postal law and regulations, to establish that Disputant Munkel or his congregation is entitled to delivery of mail addressed to Unity Church of Williamsburg, P.O. Box 646, Williamsburg, VA. Rather, Disputant Carrithers, as the minister and thereby agent of the longstanding boxholder, the original Unity Church of Williamsburg, is entitled to delivery of mail so addressed. n3

n3 This decision only determines the right to delivery of the mail in dispute, and not its ownership. In the event that Disputant Carrithers or his church receives mail clearly intended for Disputant Munkel or his congregation, they are responsible for forwarding such mail to Disputant Munkel.

After consideration of the entire record and Disputant Carrithers' exceptions to the Initial Decision, it is concluded that all mail addressed to Unity Church of Williamsburg, P.O. Box 646, Williamsburg, VA 23187-0646, which is currently being held or hereafter received, is to be delivered in accordance with the direction of Disputant Carrithers. Accordingly, Disputant Carrithers' appeal is sustained and the Initial Decision is reversed to the extent indicated herein.