In the Matter of a Mail Dispute ) July 29, 1993 Between ) ) MICHELLE EREAUX ) ) and ) ) WARREN MATTE ) P.S. Docket No. MD-190 APPEARANCE FOR MS. EREAUX: Michelle Ereaux P.O. Box 151 Dodson, MT 59524-0151 APPEARANCE FOR MR. MATTE: Robert L. Hunter, Jr., Esq. Monteau, Guenther & Decker 410 Central, Suite 522 Great Falls, MT 59401-3128
The Western Area Office of the Postal Service Law Department has forwarded this mail dispute for resolution pursuant to Domestic Mail Manual1/ (DMM) § 153.72 and 39 C.F.R. Part 965. The mail in dispute is that addressed to Lower Peoples Creek Cooperative at P.O. Box 151 and P.O. Box 116 in Dodson, Montana. By agreement of the parties, the mail is currently being delivered as addressed.
Both parties filed written submittals as required by 39 C.F.R. § 965.5. Neither filed comments as permitted by 39 C.F.R. § 965.6. The following findings of fact and conclusions of law are based upon the parties' submittals and the referral letter and attachments submitted by the Western Area Field Counsel.
1. Lower Peoples Creek Cooperative is an agricultural marketing cooperative organized in 1990 under the Montana Cooperative Marketing Act, Montana Code Annotated, Title 35, Ch. 17.
2. The cooperative's by-laws establish the following officers of the cooperative: chairperson, vice-chairperson, secretary and treasurer. The officers are elected from among the members of the board of directors (By-laws, Article III, Section 3; see Mont. Code Ann. § 35-17-312 (1987)). The chairperson's duties include performing "all acts and duties usually performed by an executive and presiding officer" and signing official papers of the cooperative (checks, contracts and other cooperative obligations, however, must be signed by both the chairperson and the treasurer) (By-laws, Article V, Section 1).
3. Michelle Ereaux is the chairperson of the cooperative.
4. The by-laws authorize the board of directors to "employ a manager, define the responsibilities of the manager and to fix compensation for the position. No director may be employed as manager while acting as a director." (By-laws, Article IV, Section 2). The manager is to "have general charge of the ordinary and usual business operations of the cooperative," but is subject to the direction of the board (By-laws, Article V, Section 5).
5. Warren Matte is the administrator/manager of the cooperative.
6. The address of the cooperative when it was incorporated was P.O. Box 151 in Dodson, which is also Ms. Ereaux' personal post office box. That remains the registered address of the cooperative in its official filings with the State of Montana.
7. In June of 1992, Mr. Matte rented P.O. Box 116 in Dodson in the name of "Lower Peoples Creek Co-op", identifying himself as "admin. manager".
8. In December of 1992, Mr. Matte wrote to the Dodson Post Office asking that all Lower Peoples Creek Cooperative mail be delivered to box 116.
9. Ms. Ereaux has asked the Dodson Post Office to deliver all Lower Peoples Creek Cooperative mail to box 151.
1. Prior to July 1, 1993, Section 153.41 of the DMM provided:
"All mail addressed to a governmental or nongovernmental organization (including but not limited to corporations, firms, sole proprietorships, partnerships, joint ventures, and associations) or to an individual by name or title (an official, employee, contractor, client, agent, etc.) at the address of the organization is delivered to the organization. This regulation also applies to mail addressed in this manner to former officials, employees, contractors, agents, clients, etc. of 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."
This terms of this provision govern this mail dispute (see footnote 1, above).
2. Ms. Ereaux, as chairperson of the cooperative, is the equivalent of the organization's president and has the right to control delivery of its mail. Therefore, Lower Peoples Creek Cooperative mail2/ will be delivered in accordance with her directions regardless of the box designation appearing on the mail.
3. Resolution of this dispute determines only the right to delivery of the mail. It does not determine ownership of the contents of any mail delivered to the cooperative in accordance with this decision.
4. The attached delivery order should be issued.
Norman D. Menegat Administrative Judge
1/ The Domestic Mail Manual edition under which this mail dispute was initiated has been replaced by a new and substantially reorganized version which became effective July 1, 1993. The new version, however, made no substantive changes that would affect this mail dispute. 58 Fed. Reg. 34887, June 30, 1993; DMM, Issue 46, July 1, 1993, Unit I020.
2/ DMM 153.41, quoted above, describes what constitutes the cooperative's mail.