November 1, 2000 In the Matter of the Petition by ALTHEA P. WEST USPS Little River Station 140 NE 84th Street at Miami, FL 33138-9998 P. S. Docket No. DCA 00-327 APPEARANCE FOR PETITIONER: Rickie L. Mobley 7910 NW 25th Street, Suite 200 Miami, FL 33122-1622 APPEARANCE FOR RESPONDENT: Laura Taylor-Laury Labor Relations Specialist United States Postal Service 2200 NW 72nd Avenue Miami, FL 33152-0779
DISMISSAL
Respondent filed a motion to dismiss this Petition based on Petitioner’s failure to timely file a petition. The following findings of fact are made for the purpose of deciding this motion.
FINDINGS OF FACT
1. On November 19, 1998, Petitioner was issued a Notice of Involuntary Administrative Salary Offsets seeking the repayment of $627.57 based on an audited shortage in her accountability on September 16, 1997 (Petition).
2. Petitioner filed a grievance concerning this matter, which was resolved in a pre-arbitration settlement. In the settlement, Petitioner was relieved of responsibility for $200.00 of the $627.57 indebtedness. (Exhibit 1 to Motion to Dismiss).
3. Petitioner’s voluntary repayment of $427.57 was completed on August 10, 1999 (Exhibit 2 to Motion to Dismiss).
4. Another audit of Petitioner’s accountability, on September 1, 1998, disclosed a shortage of $262.44 (Exhibit 3 to Motion to Dismiss). Petitioner made a voluntary repayment of $112.64 on this alleged indebtedness. However, during the period of voluntary repayment of this indebtedness, a portion of the money ($150.00) Petitioner was repaying on the $427.57 grievance settlement was initially mis-allocated to this September 1,1998 indebtedness (Exhibits 4 and 5 to Motion to Dismiss).
5. On August 11, 2000, Petitioner received a Letter of Demand seeking repayment of $150.00. The Letter of Demand misidentified the September 16, 1997 audit shortage of $627.57 as the basis for the alleged indebtedness. Petitioner filed this Petition after receiving the Letter of Demand. (Petitioner’s response to Motion to Dismiss).
DECISION
Respondent’s motion to dismiss is based on Petitioner’s failure to timely file a Petition after receiving a Notice of Involuntary Administrative Salary Offsets on November 19, 1998, which sought repayment of $627.57 (Finding of Fact No. (FOF) 1). Petitioner opposes this motion arguing that the Postal Service issued Petitioner a Letter of Demand on August 11, 2000, seeking repayment of $150.00, and that Petitioner has filed a grievance against this alleged indebtedness. Petitioner argues, therefore, that Respondent’s effort to collect this alleged indebtedness should be held in abeyance until the grievance is resolved.
In essence, both parties are correct in their arguments. Petitioner is clearly untimely in filing a Petition based on the November 19, 1998 Notice of Involuntary Administrative Salary Offsets, since a petition must be filed within fifteen days of receipt of a Notice. See 39 C.F.R. §961.4(a). More importantly, however, this Petition should be dismissed since Petitioner satisfied the debt at issue in the Notice of November 19, 1998 (FOF 2, 3).
However, once Respondent correctly accounted for the money Petitioner was voluntarily repaying to clear up both debts, there remains $150.00 unpaid on the $262.44 shortage. The record in this Petition does not contain a Notice of Involuntary Administrative Salary Offsets with respect to Respondent’s claim for $150.00 related to the September 1, 1998 shortage of $262.44 and Respondent has not alleged that it issued such a Notice to Petitioner. Until the Postal Service issues a Notice of Involuntary Administrative Salary Offsets to Petitioner seeking repayment of the alleged debt of $150.00, Respondent may not collect the debt by involuntary offset from Petitioner’s pay, and she is not entitled to a Debt Collection Act hearing under 39 C.F.R. Part 961 (§§961.3(e), 961.4; Employee and Labor Relations Manual (ELM), sections 452.32, 452.336, 462.22).
Accordingly, the Petition is dismissed on this basis. However, Petitioner retains her right to file a new petition if the Postal Service issues a Notice of Involuntary Administrative Salary Offsets, or withholds any money from her pay on account of this $150.00 alleged debt.
William K. Mahn Administrative Judge