May 26, 2000 In the Matter of the Petition by LASHAWN MOULING 6006 N 32nd Street at Tampa, FL 33610-3639 P.S. Docket No. DCA 00-76 APPEARANCE FOR PETITIONER: LaShawn R. Mouling 6006 N. 32nd Street Tampa, FL 33610-3639 APPEARANCE FOR RESPONDENT: Gerald E. Keegan Labor Relations Specialist United States Postal Service 2203 N. Lois Avenue, Suite 1042 Tampa, FL 33607-7142
DISMISSAL
During a telephone conference on April 17, 2000, it was disclosed that a grievance involving the same debt that is the subject of this case might still be pending. 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. On April 28, 2000, the Postal Service representative filed a status report stating that the grievance is now at Step 2 of the Grievance/Arbitration procedure, but that Petitioner was unwilling to sign an agreement that her Petition be dismissed.
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, Petitioner has a right to file a new petition.
Petitioner was given until May 15, 2000 to state her opposition to dismissal. As Petitioner has filed no opposition, this case is dismissed. In accordance with the rules stated above, Petitioner may have a right to file a new Petition, depending on how the grievance process is concluded.
Bruce R. Houston Chief Administrative Law Judge