May 8, 2000 In the Matter of the Petition by ELLIOTT E. HOWARD 6904 NW 14th Avenue at Miami, FL 33147-7120 P. S. Docket No. DCA 00-120 APPEARANCE FOR PETITIONER: Elliott E. Howard 6904 NW 14th Avenue Miami, FL 33147-7120 APPEARANCE FOR RESPONDENT: Laura Taylor-Laury Labor Relations Specialist United States Postal Service 2200 NW 72nd Avenue Miami, FL 33152-0779
DISMISSAL
During a telephone conference on April 26, 2000, with Petitioner, Elliott Howard, and Postal Service representative, Laura Taylor-Laury, both parties seemed to believe that a grievance involving the same debt alleged in this case was still pending. The parties were directed to confer and determine the status of that grievance. The parties were advised that, if a grievance is still pending, our practice was to dismiss the Debt Collection Act proceeding, but that Petitioner might have a right to file a new Petition, depending on how the grievance process was concluded. Ms. Taylor-Laury has filed a status report, stating that the grievance is now at Step 2 of the Grievance/Arbitration procedure.
Section 462.34 of the Postal Service Employee and Labor Relations Manual (ELM) limits access of bargaining unit employees to the Postal Service’s Debt Collection Act procedures as follows:
"If an arbitrator opens a hearing on the merits of a grievance concerning any letter of demand, the statutory offset procedures in 452.3 do not apply thereafter, unless the arbitrator makes a ruling of nonarbitrability (see 462.22d) or the Postal Service and the union negotiate a partial settlement of the grievance."
The procedures in section 452.3, referenced above, are those that provide an employee an opportunity for a hearing under the Debt Collection Act before the Postal Service collects an alleged debt by involuntary salary offset. The purpose of these provisions of the ELM is to give employees a choice of initially contesting an alleged debt through either the grievance procedures, or the Debt Collection Act hearing procedures. What the section quoted above means is that, if the arbitration proceeds to a hearing and decision, an employee cannot have a second hearing under the Debt Collection Act. If, however, the grievance is concluded by something other than an arbitrator's decision and the Postal Service still intends to collect the alleged debt, the Postal Service must then issue a Notice of Involuntary Administrative Salary Offsets and Petitioner will have a right to file a new petition.
In accordance with the matters discussed above, the Petition is dismissed.
Bruce R. Houston Chief Administrative Law Judge