Appeal of DARRELL L. PETERSON and BUD PALMIERI

Administrative Law Judges

In the Matter of a Mail Dispute		) June 21, 1995
 Between:				)
					)
DARRELL L.  PETERSON			)
					)
	and				)
					)
BUD PALMIERI				) P.  S.  Docket No.  MD 95-73

APPEARANCE FOR DARRELL L.  PETERSON:	None.

APPPEARNCE FOR BUD PALMIERI:		None.

INITIAL DECISION

This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book §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 is that addressed to Palmco Builders and Palmco Builders, Inc., P. O. Box 31268, Palm Beach Gardens, FL 33420-1268. The mail is currently being held by the Postmaster, West Palm Beach, FL 33406-9998. Neither disputant submitted the sworn statement required by 39 C.F.R. §965.5.

FINDINGS OF FACT

1. P. O. Box 31268, Palm Beach Gardens, FL 33406 was opened in January 1994, by Disputant Palmieri, as agent for Clearshield Manufacturing Corporation and other related companies, as well as for his own personal use. (Palmieri Nov. 16, 1994 letter to United States Postal Service; Slojkowski affidavit; Peterson Nov. 4, 1994 letter to United States Postal Service).

2. The check for the P. O. Box rent was drawn on the account of Clearshield Manufacturing Corporation (Field Counsel submission).

3. On October 10, 1994, Disputant Palmieri resigned as vice-president of Clearshield of Palm Beach County, Inc., and any and all related corporations. Two such related corporations were Clearshield Manufacturing Corporation and Palmco Builders, Inc. (Palmieri Oct. 10, 1994 letter; Peterson Nov. 4, 1994 letter).

4. Disputant Peterson is President of Clearshield Manufacturing Corporation, Clearshield of Palm Beach County, Inc., and Palmco Builders, Inc. (Peterson Nov. 4, 1994 letter).

5. On or about October 31, 1994, Disputant Palmieri had the lock on P. O. Box 31268 changed, thus denying Disputant Peterson or his agents and employees access to the P. O. Box (Id.).

6. Disputant Peterson made objection to the Palm Beach Gardens Postmaster that Disputant Palmieri had no authority to request that the P. O. Box lock be changed, thus precipitating this mail dispute (Id.).

7. Only the right to receive mail addressed to Palmco Builders, Inc., or Palmco Builders at P. O. Box 31268 remains in issue. The right to receive all other mail at that P. O. Box has been resolved (March 21, 1995 Order of Judicial Officer).

CONCLUSION OF LAW

1. DMM DO 42.4.1 provides in pertinent part that "[a]ll mail addressed to a governmental or non-governmental organization ... is delivered to the organization. If disagreement arises where any such mail should be delivered it must be delivered under the order of the organization's president or equivalent official."

2. Since Disputant Peterson is the President of Palmco Builders, Inc., all mail addressed to that entity is to be delivered in accordance with the instructions of Mr. Peterson.

3. This decision deals only with delivery of the disputed mail. If Mr. Peterson receives mail clearly intended for Mr. Palmieri he must assure that it is forwarded to Mr. Palmieri.

4. The attached mail delivery order should be issued.

						James D.  Finn, Jr.
						Administrative Judge