June 1, 2000 In the Matter of the Petition by JOSEPH RAIOLA 13801 Brussels Avenue at Sylmar, CA 91342-1810 P.S. Docket No. DCA 00-128 APPEARANCE FOR PETITIONER: Ken Emerald 7754 Balboa Boulevard Van Nuys, CA 91406-2219 APPEARANCE FOR RESPONDENT: Tom Cloonan Labor Relations Specialist United States Postal Service 1961 North C Street Oxnard, CA 93030-9403
DECISION ON MOTION TO DISMISS
Respondent, the United States Postal Service, filed a Motion to Dismiss, arguing that Mr. Raiola's Petition was not timely filed, i.e., that it was not filed within 15 days of receipt of the Notice of Involuntary Administrative Salary Offsets, as required by 39 C.F.R. §961.4(a). Petitioner’s reply to the motion concedes that the Petition was late, but argues that the late filing should be excused. The following findings of fact are pertinent in resolving this issue, and are based on the documents filed by both parties:
FINDINGS OF FACT
1. On October 22, 1997, Petitioner was a window clerk in Sylmar, California. On that date, Petitioner's account was audited and found to be short by $431.42. (Form 3294 attached to Petition).
2. On November 4, 1997, Petitioner was issued a Letter of Demand for $431.00. (PS Ex. 2A).
3. On April 21, 1998, Petitioner was issued a Notice of Involuntary Administrative Salary Offsets. (PS Ex. 1A). Included with the Notice was a Statement of Debtor’s Rights and Responsibilities and a copy of the Rules of Procedure Governing Hearings Under the Debt Collection Act. (PS Ex. 1F-L).
4. No further steps to collect the alleged debt were taken until March 22, 2000, when Petitioner's supervisor completed a PS Form 3239, Payroll Deduction Authorization. After Petitioner received a copy of this form, he filed his Petition, on April 5, 2000.
DECISION
The Debt Collection Act and Respondent’s implementing regulations require that a petition for a hearing be filed within 15 days after receipt of a Notice of Involuntary Administrative Salary Offsets. 5 U.S.C. §5514(a)(2); Employee and Labor Relations Manual 452.331; 39 C.F.R. §961.4. An employee may be deemed to have waived his right to a hearing if the petition is filed after the 15-day period and the employee "fails to demonstrate to the satisfaction of the Hearing Official good cause for the delay." 39 C.F.R. §961.10(a). The 15-day requirement is spelled out in the Statement of Debtor’s Rights and Responsibilities, which was provided to Mr. Raiola. Immediately following the text advising of the procedures for filing a petition, which included the 15-day requirement, was the following highlighted instruction:
"NOTE: While you may request a hearing and pursue one of the other available options, your hearing petition must be filed within the required time period. If questions relating to this debt are resolved before the hearing is held, your petition may be withdrawn."
Petitioner concedes the lateness of his Petition, but argues that it should be excused because efforts were made by his union to resolve this alleged debt, and he was unaware that the matter had not been cleared up.
Petitioner's argument consists only of a memorandum from his representative. There is no supporting statement from Petitioner himself stating that he did not understand the instructions in the Statement of Debtor's Rights and Responsibilities, that he was given misleading information by any postal official, or anything else to justify the late filing. Any actions taken, or not taken, in the grievance process are not within the purview of a Debt Collection Act Hearing Official to review. If Petitioner has complaints about how a grievance may have been handled, they must be addressed through the grievance process.
The 15-day requirement for filing a petition is very clear. This Petition is nearly two years late, and Petitioner has not demonstrated that the late filing should be excused. Respondent's Motion to Dismiss is granted.
Bruce R. Houston Chief Administrative Law Judge