July 6, 1994

In the Matter of a Mail Dispute Between

KEVIN SMITH

CENTRAL VALLEY AUTO, INC.

and

RICHARD COOPER

P.S. Docket No. MD 94-3

APPEARANCE FOR KEVIN SMITH:        

None.

APPEARANCE FOR RICHARD COOPER:

None.

INITIAL DECISION

            This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book (DMM §153.721 (c)),  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 C.V. Auto Glass, 16809 East Sprague Avenue, Veradale, WA 99037-8979, is presently being held by the Veradale, WA Postmaster.  Disputant Kevin Smith submitted the sworn statement required by 39 C.F.R. § 965.5, while Disputant Richard Cooper has made no submission of any nature.

FINDINGS OF FACT

1. Disputant Kevin Smith is the vice-president of Central Valley Autos, Inc. (“CVAI”).  Kevin Smith’s father, Harry Smith, is the president of CVAI.  In 1988, CVAI formed and operated C.V. Auto Glass at the business address 16809 East Sprague Avenue, Veradale, WA 99037.  Disputant Richard Cooper was an employee of CVAI from 1989 to October 1993, and performed glasswork for C.V. Auto Glass from a mobile van provided by CVAI (Field Counsel submission; Kevin Smith submission).

            2.  All taxes and other expenses of C.V. Auto Glass were paid by CVAI using CVAI business checks (Smith submission).

            3.  On or about October 26, 1993, Mr. Cooper gave three days notice that he was terminating the employment relationship.  Mr. Cooper, at his request, was given permission by CVAI to use the C.V. Auto Glass telephone number to establish his own glass business under the name “Cooper Enterprises.” CVAI granted the request only for a period of 30-60 days (Id.).

            4.  On December 1, 1993, Mr. Cooper filed a change of address order with the Veradale, WA Post Office directing that all mail addressed to C.V. Auto Glass at 16809 East Sprague Avenue, Veradale, WA be forwarded to “C.V. Auto Glass/Cooper Ent. Inc.” at 2700 East Seltice Way, #2-173, Post Falls, ID 83854-9648.  Mr. Smith disputes Mr. Cooper’s right to have the mail forwarded as requested by Mr. Cooper (Field Counsel submission).

DECISION

1. Section 965.7 of 39 C.F.R. provides that a party who fails to file the submittals required by section 965.5 may be held in default.  Disputant Smith, having failed to make the required submission, is in default.

2. DMM §153.41 states that all mail addressed to a nongovernmental organization at the address of the organization is delivered to the organization.

3. Mail addressed to C.V. Auto Glass, 16809 East Sprague Avenue, Veradale, WA 99037-8969 is not to be forwarded to Richard Cooper in Post Falls, ID, but instead is to be delivered as addressed.

4. The attached mail delivery Order should be issued.

5. Resolution of this dispute determines only the right to delivery of the mail.  Any mail received at the 16809 East Sprague Avenue address which is intended for Richard Cooper, personally, should be forwarded to Mr. Cooper by the recipient.

James D. Finn, Jr.

Administrative Judge