In the Matter of a Mail Dispute Between ) April 20, 1993
					 )
 DAVID W. COCHRAN 			 )
					 )
 and					 )
 					 )
 EUGENE THOMPSON			 ) P.S. Docket No. MD-176

The attached Initial Decision dated April 20, 1993, of the Acting Chief Administrative Law Judge may be appealed to the Judicial Officer of the Postal Service by filing exceptions thereto within ten (10) days from the date of receipt of the Initial Decision. Notice of Appeal containing exceptions shall be filed with the Recorder, United States Postal Service, 475 L'Enfant Plaza, SW, Room 10902, Washington, DC 20260-6100.

If no appeal is taken within the prescribed time, the Initial Decision shall become final unless the Judicial Officer on his own motion decides to review the matter.

                                        Randolph D. Mason
                                        Acting Chief Administrative Law Judge

In the Matter of a Mail Dispute Between ) April 20, 1993
                                        )
DAVID W. COCHRAN                        )
                                        )
and                                     )
                                        )
EUGENE THOMPSON                         ) P.S. Docket No. MD-176


APPEARANCE FOR DISPUTANT COCHRAN:       David W. Cochran
                                        Route 4, Box 1725
                                        Porter, TX  77365-9314

APPEARANCE FOR DISPUTANT THOMPSON:      Eugene Thompson
                                        1623-1 Riley Fuzzell Road
                                        Spring, TX  77386-2716

This mail dispute proceeding was docketed under Domestic Mail Manual § 153.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision. Disputant Cochran filed a written submittal under 39 C.F.R. § 965.5. Disputant Thompson failed to file a submittal and is in default. The dispute concerns delivery of mail addressed to Greater Humble Area Kennel Club, P. O. Box 3913, Humble, TX 77347-3913. The following findings of fact and conclusions of law are based upon the submittal and exhibits attached thereto:

1. Before October of 1992, Disputant David W. Cochran was the president of the Greater Humble Area Kennel Club ("Club").

2. In October 1992 the Board of Directors held a meeting at which a Nomination Committee was selected. The Committee nominated Disputant Eugene Thompson as president of the Club. However, the action taken at the board meeting, including selection of the Nomination Committee, was invalid since the board members were not notified properly in accordance with the Bylaws, which require written notice at least five days before the meeting. Also, three board members were not notified in any manner.

3. At the Club's annual meeting on January 5, 1993, Disputant David Cochran, president of the Club, declared the October board meeting invalid due to the lack of notice. Accordingly, the elections were postponed until the regular general membership meeting on April 6, 1993.^1/ Also during the January 5 meeting, Helen Dowdy resigned as Recording Secretary and walked out of the meeting with Disputant Thompson and several others. The remaining members immediately voted to accept Dowdy's resignation.

4. On January 13, Ms. Dowdy, acting as though she were still the Recording Secretary, called a special meeting of the Club for January 21, 1993, in Woodlands, Texas. At that meeting, the members attempted to elect a new board of directors. However, the meeting was not in accordance with the Bylaws, which provide: Special Club meetings may be called by the President, or by a majority vote of the members of the Board who are present and voting at any regular or special meeting of the Board, and shall be called by the Recording Secretary upon receipt of a petition signed by five members of the Club who are in good standing. Such special meetings shall be held in or within 25 miles of the city of Humble, Texas.

Since Ms. Dowdy was not the Recording Secretary when she called the meeting, and the meeting was not within 25 miles of Humble, Texas, the action taken at the meeting was invalid.

5. A new Nomination Committee was properly formed and met on February 5, 1993. The Committee submitted a new slate of candidates with Theresa Stanley as candidate for president. An election was scheduled to be held on April 6, 1993, at a general membership meeting.

6. On March 1, 1993, the Club's Board of Directors suspended and recommended for expulsion from membership Disputant Eugene Thompson, Helen Dowdy, and others.

7. By letter dated March 4, 1993, the American Kennel Club stated that none of the officers, including Cochran, would be recognized, and that the matter would be submitted to the Club Relations Committee of the AKC's Board of Directors at an April 12, 1993, meeting.

8. Disputants Eugene Thompson and David Cochran each claim to be president of the Greater Humble Area Kennel Club and to be entitled to delivery of the mail in dispute.

1. Disputant Eugene Thompson has failed to file a submittal under 39 C.F.R. § 965.5 and is in default. Under these circumstances, the presiding officer may issue an initial decision directing that the disputed mail be delivered to the other party. 39 C.F.R. § 965.7. Although the disputed mail may be delivered to Disputant Cochran based on the default alone, the Administrative Law Judge has also concluded that the evidence supports delivery to Mr. Cochran.

2. The Domestic Mail Manual (DMM) requires that all mail addressed to a nongovernmental organization at the address of the organization is delivered to the organization. If disagreement arises as to where any such mail should be delivered, it must be delivered according to the order of the organization's president or equivalent official. DMM § 153.41.

3. As set forth in the Findings of Fact, Disputant Eugene Thompson's election as president was invalid, and Disputant Cochran remained president of the Club. Accordingly, the mail in dispute should be delivered in accordance with the instructions of Disputant David Cochran.

4. This decision only determines the right to delivery of the mail in dispute, and not its ownership. In the event that any party receives mail clearly intended for another, that party is responsible for forwarding such mail to the intended party.

5. The attached mail delivery order should be issued.

                                        Randolph D. Mason
                                        Acting Chief Administrative Law Judge

1/ It was anticipated that a new Nomination Committee would be selected, and nominations would be taken from the floor at the March 2 meeting.

2/ If someone other than David Cochran was duly elected president of the Club at the April 6, 1993, general membership meeting, then the disputed mail should be delivered to the new president.