In the Matter of a Mail Dispute		) November 5, 1996
Between					)
					)
JOHN ROBERTS				)
					)
	and				)
					)
BRUCE KESLAR				) P. S. Docket No. MD 96-332

APPEARANCE FOR MR. ROBERTS:		Kemp R. Harshman, Esq.
					P. O. Box 392
					Quakertown, PA 18951-0392

APPEARANCE FOR MR. KESLAR:		Bruce Keslar
					P. O. Box 151
					Horsham, PA 19044-0151

POSTAL SERVICE DECISION

Disputant Roberts has filed an appeal from an Initial Decision of an Administrative Law Judge which holds that mail addressed to the American Disc Jockey Association, P.O. Box 151, Horsham, PA 19044-0151 is to be delivered in accordance with the direction of Mr. Bruce Keslar.⁽¹⁾ Disputant Keslar opposes the appeal. Based on a review of the record, the Judicial Officer has decided to exercise his discretion to grant review of the Initial Decision in accordance with 39 C.F.R. §965.12.

Background

In the Initial Decision, the Administrative Law Judge found that Disputant Keslar was the original National Operations Manager of the American Disc Jockey Association (ADJA), a position equivalent to the president of the organization. Although the organization's February 1993 newsletter reported that Disputant Roberts had been appointed National Operations Manager after Disputant Keslar asked to be allowed to step down at the January 1993 meeting of the Executive Committee of the National Board of Directors, the Administrative Law Judge determined that later documents in the record⁽²⁾ supported a finding that Disputant Keslar had not been removed from the position of National Operations Manager, or replaced by Disputant Roberts, in accordance with the Association's Constitution and By-Laws. As a result, the Administrative Law Judge concluded that Disputant Keslar still held the title of National Operations Manager and, therefore, was still the "president or equivalent official" of ADJA and entitled to direct the delivery of the organization's mail in accordance with Domestic Mail Manual (DMM) §DO42.4.1.

Exceptions and Discussion

Disputant Roberts contends that he is the current ADJA National Operations Manager, and, therefore, its "president or equivalent official," and that the Administrative Law Judge was mistaken when he found that the minutes from the February 1996 meeting and his May 1996 letter regarding Mr. Keslar's removal as National Executive Director and National Treasurer are inconsistent with the February 1993 newsletter announcement concerning Mr. Keslar's resignation as National Operations Manager. Disputant Keslar opposes the appeal, contending that Disputant Roberts never truly assumed the position of National Operations Manager and that he, Disputant Keslar, remained the Association's top official in his capacity as the National Executive Director, a position from which he argues he was improperly removed.

The record does not support the conclusion that Disputant Keslar is still the "president or equivalent official" of ADJA. The record reflects that Disputant Keslar held at least three different positions throughout his involvement with the ADJA. He was the original National Operations Manager, the National Executive Director⁽³⁾ and the National Treasurer. The Initial Decision fails to distinguish between these three titles when it finds inconsistencies in the three different references to Disputant Keslar's removal from office. When properly distinguished, the record, supported by Disputant Keslar's own submissions on appeal, reflects that he is not currently the National Operations Manager of ADJA. Although the record is not altogether clear, it is more probable that Disputant Roberts currently serves as National Operations Manager of ADJA and, therefore, is the appropriate individual to direct the delivery of the organization's mail.

Conclusion

Accordingly, the Initial Decision is reversed and mail addressed to the American Disc Jockey Association, P.O. Box 151, Horsham, PA 19044-0151 is to be delivered in accordance with the direction of Disputant Roberts.

The parties are reminded that resolution of this dispute determines only the right to delivery of mail.⁽⁴⁾ It does not determine the question of ownership. If either party receives mail intended for the other, that party is responsible for assuring delivery of the mail to the correct recipient.

						James A. Cohen
						Judicial Officer

2. The later documents relied on by the Administrative Law Judge were the minutes from a February 1996 National Director Meeting and Disputant Roberts' May 1996 letter.

3. The position of National Executive Director is not defined in the portion of the By-Laws included in the record. Therefore, the responsibilities of the person holding this position are unclear.

4. Disputant Roberts also requests a decision on the right to control P. O. Box 151. However, "control" of a post office box is not an issue considered in a mail dispute proceeding. Therefore, that issue will not be addressed in this decision.