In the Matter of a Mail Dispute ) September 22, 1993 Between: ) ) RUTH HANNA ) SECOND CHANCE CREDIT ASSOCIATION ) ) and ) ) JOSEPH DECKER ) P. S. Docket No. MD-194 APPEARANCE FOR DISPUTANT RUTH HANNA, SECOND CHANCE CREDIT ASSOCIATION: None. APPEARANCE FOR DISPUTANT JOSEPH DECKER: None.
This mail dispute has been docketed pursuant to Domestic Mail Manual (DMM) § 153.72, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute which is addressed to Second Chance Credit Association, P. O. Box 18155, Charlotte, North Carolina 28218-0155 is presently being held by the Acting Postmaster, Charlotte, North Carolina. Disputant Decker has submitted a statement, albeit not sworn, as required by 39 C.F.R. § 965.5, while Disputant Hanna on behalf of Second Chance Credit Corporation has not submitted one.
1. On December 15, 1992,1/ Disputant Joseph A. Decker entered into a "Representative Marketing Contract" with Graycom, Inc. (for itself and as agent for Second Chance Credit Association (SCCA)). Under the terms of the agreement Mr. Decker was to solicit and procure association applications and insurance applications for SCCA. Mr. Decker was to be paid a commission for his work. The contract was for a one year term with provisions for renewal, but could be terminated for cause upon written notice (Decker submission).
2. Mr. Decker opened P. O. Box No. 18155, Charlotte, North Carolina on December 31, 1992, in the name of Second Chance Credit Association and paid the requisite fee (Field Counsel submission).
3. In June 1993 a dispute arose between Mr. Decker and Graycom, Inc. The record is unclear as to the exact facts pertaining to the dispute, but it appears that it concerned some missing documents. SCCA thereafter disassociated itself from any further working relationship with Mr. Decker (Field Counsel submission).
4. Thereafter both Mr. Decker and Ms. Hanna (on behalf of SCCA) asserted the right to receipt of mail addressed to P. O. Box 18155, Charlotte, North Carolina.
1. Although Disputant Hanna did not file a submittal pursuant to 39 C.F.R. § 965.5, a determination of default is not appropriate in this instance.
2. Section 153.4 of the DMM provides that all mail addressed to an organization at the address of the organization or mail addressed to former employees or contractors of the organization at the address of the organization shall be delivered to the organization.
3. Although Disputant Decker contends he is still technically under contract with SCCA due to SCCA's failure to properly terminate his contract by giving written notice, the record did not support a finding that Mr. Decker after June 1993 had any further connection with SCCA in any manner and it is concluded that he did not have any such connection.
4. Accordingly, for purposes of this proceeding Mr. Decker is considered to be a former employee or contractor of SCCA and pursuant to Section 153.4 of the DMM SCCA has the right to all mail addressed to P. O. Box 18155, Charlotte, North Carolina 28218-0155.
5. The mail in dispute addressed to P. O. Box 18155, Charlotte, North Carolina 28218-0155 is to be delivered to Ruth Hanna, on behalf of SCCA or according to the order of the president of SCCA or equivalent official.
6. Resolution of this dispute determines only the right to delivery of the mail. It does not determine the question of ownership of the mail or resolve any contractual dispute between the parties. If SCCA receives any personal mail intended for Joseph A. Decker, SCCA is responsible for assuring delivery of such mail to Mr. Decker.
7. The attached mail delivery Order should be issued.
James D. Finn, Jr. Administrative Judge