April 12, 2002
In the Matter of the Petition by
JOHN F. GILMORE
4050 N.W. 35th Way
at
Lauderdale Lakes, FL 33309-4842
P.S. Docket No. DCA 01-344
APPEARANCE FOR PETITIONER:
John F. Gilmore
4050 N.W. 35th Way
Lauderdale Lakes, FL 33309-4842
APPEARANCE FOR RESPONDENT:
Toby L. Lowe
Labor Relations Specialist
United States Postal Service
2200 NW 72nd Avenue
Miami, FL 33152-9401
DISMISSAL
A Final Decision in this case was issued on February 5, 2002. That decision held that Petitioner had waived his right to a hearing under the Debt Collection Act because he had not filed his Petition within fifteen days of receipt of the Notice of Involuntary Administrative Salary Offsets, as is required by the statute and Postal Service implementing regulations. 39 C.F.R. §961.10. Respondent, the United States Postal Service, had filed a motion to dismiss the Petition on that ground and Petitioner filed nothing in reply.
After receiving the Final Decision, Petitioner filed a pleading titled, "Petitioner Objection to Respondent Motion to Dismiss." This made reference to a grievance that had been filed earlier and that Petitioner stated was "currently being advanced."
By Order dated February 22, 2002, the parties were directed to submit information on the status of the grievance. The Order noted that, if a grievance was still pending, the Notice of Involuntary Administrative Salary Offsets may have been issued prematurely.
Documents provided by Respondent in response to the February 22, 2002 Order show that Petitioner's union filed a grievance on May 17, 2001, after Petitioner was issued a Letter of Demand on May 14, 2001. On May 21, 2001, Petitioner filed a Petition for Hearing under the Debt Collection Act. This was docketed as P. S. Docket No. DCA 01-174. The union appealed the grievance to Step 2 on June 5, 2001. On June 14, 2001 Petitioner was issued a Notice of Involuntary Administrative Salary Offsets. The grievance was not resolved until August 6, 2001. It appears that the union and management agreed to drop the grievance because Mr. Gilmore had filed the Debt Collection Act Petition on May 21.
By August 6, 2001, therefore, this case was well off the proper track. The May 21 Petition was premature because no Notice of Involuntary Administrative Salary Offsets had yet been issued.[1] The Notice issued on June 14 should not have been issued because the grievance was still pending at that time. (See Employee and Labor Relations Manual (ELM) §462.22 and §462.32).
Because the Notice of Involuntary Administrative Salary Offsets was not properly issued it cannot be the basis for finding that Petitioner did not file a timely Petition. Accordingly, the Final Decision dated February 5, 2002 is vacated and this case is dismissed. Mr. Gilmore retains his right to file a new Petition if the Postal Service re-initiates debt collection action by issuing him another Notice of Involuntary Administrative Salary Offsets. Until it issues a proper Notice the Postal Service may not collect money from Petitioner's salary on account of this alleged debt and any money already withheld must be returned to Petitioner.
Bruce R. Houston
Chief Administrative Law Judge