April 3, 2002
In the Matter of a Mail Dispute Between
GORDON H. BROOKS
and
JOHN W. EHRHARDT
P.S. Docket No. MD 02-62
APPEARANCE FOR DISPUTANT GORDON H. BROOKS:
Frank E. Sisson, III, Esq.
180 Post Road East, Suite 202
P.O. Box 5228
Westport, CT 06881-5228
APPEARANCE FOR DISPUTANT JOHN W. EHRHARDT:
Nicholas W. Thiemann, Esq.
830 Post Road East
P.O. Box 5169
Westport, CT 06881-5169
INITIAL DECISION
This mail dispute has been docketed pursuant to Postal Operations Manual (POM 8, July 16, 1998 (with Revisions through December 27, 2001)) Section 616.21, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute is that addressed to:
Executive Resource Group, Inc.
Executive Resource Group
ERG
ERGResource
ERGResearch
Any name including the initials "ERG," and/or
Any mail in care of Executive Research Group
35 Bank Street
New Canaan, CT 06840-6202
The New Canaan Postmaster is currently holding the mail.
Mr. Brooks filed a sworn statement, as required by 39 C.F.R. §965.5, along with other documents supporting his position. Mr. Ehrhardt filed nothing. The following findings of fact are based on the material submitted by Mr. Brooks and the material forwarded by the United States Postal Service Law Department, Northeast Area Office.
FINDINGS OF FACT
1. Gordon H. Brooks has been president and treasurer of Executive Resource Group, Inc. since 1989. The corporate headquarters and mailing address is 487 Danbury Road, Wilton, CT 06897-2126. (Brooks affidavit and attachments).
2. John W. Ehrhardt has been vice-president and secretary of the corporation since January 1, 1998. (Brooks affidavit and attachments).
3. On April 5, 2001, Mr. Ehrhardt signed and submitted to the Wilton Post Office a PS Form 1583, Application for Delivery of Mail Through Agent. Mail addressed to Executive Resource Group and to Mr. Ehrhardt was to be delivered to Box #336 at Mail Boxes Etc., 5 River Road, Wilton, CT 06897-4097. (Brooks affidavit and attachments).
4. On October 3, 2001, Mr. Brooks' attorney protested in writing to the manager of Mail Boxes Etc. On October 10, 2001, the Officer-in-Charge of the Wilton Post Office informed Mr. Brooks and Mr. Ehrhardt in writing that mail addressed to Executive Resource Group, Inc., or ERG, at the Mail Boxes Etc. address would not be delivered to Box #336, but would be delivered as directed by Mr. Brooks. (Brooks affidavit and attachments).
5. On November 15, 2001, Mr. Brooks' attorney wrote to the Postmaster at New Canaan, Connecticut, protesting that mail addressed to and intended for Executive Resource Group, Inc., was being delivered to 35 Bank Street, New Canaan, the home address of Mr. Ehrhardt's mother. On December 4, 2001, he wrote a similar letter to the Postmaster at Stamford, Connecticut, who apparently has jurisdiction over this area of Connecticut. These letters precipitated this mail dispute. (Brooks affidavit; attachments to Law Department forwarding memorandum).
DECISION
As Mr. Ehrhardt failed to meet the requirement of 39 C.F.R. §965.5, he is in default. 39 C.F.R. §965.7. That alone is sufficient ground for a ruling in favor of Mr. Brooks. In addition, the material filed by Mr. Brooks is sufficient to establish that he is the president of Executive Resource Group, Inc.
Postal Service regulations governing delivery of mail to a corporation when the mail is claimed by more than one person provide as follows:
“All mail addressed to a governmental or nongovernmental organization (including but not limited to corporations, firms, sole proprietorships, partnerships, joint ventures, and associations) or to an individual by name or title (an official, employee, contractor, client, agent, etc.) at the address of the organization is delivered to the organization. . . . If disagreement arises about where any such mail should be delivered, it must be delivered according to the order of the organization’s president or equivalent official.” (POM 8, July 16, 1998, Revised through December 27, 2001, Section 614.1).
“Mail addressed to a governmental or nongovernmental official by title or by organization name, but not to the address of the organization, must be delivered to the organization if the organization so directs.” (POM, Section 614.2).[1]
These rules dictate that mail addressed to Executive Resource Group, Inc. should be delivered as directed by Mr. Brooks.
The several different versions of the corporate name raise another issue. In a January 10, 2002 letter to the postmaster, Mr. Ehrhardt's attorney asserted that "ERGResearch" is a personal business of Mr. Ehrhardt, separate from the corporation co-owned by Mr. Ehrhardt and Mr. Brooks. This letter refers to the co-owned business as "Executive Research Group, Inc."
In his affidavit, Mr. Brooks states that the name "ERGResearch" is not new, but was used by Mr. Ehrhardt as an email address in conducting business for Executive Resource Group, Inc. for at least eight months. Mr. Brooks quoted excerpts from two business publications to demonstrate this.
Because Mr. Ehrhardt submitted nothing to show that ERGResearch is a separate company personal to him, I find Mr. Brooks' evidence more persuasive. As president of Executive Resource Group, Inc., Mr. Brooks is entitled to delivery of all the disputed mail.
This decision deals only with delivery of mail. It does not attempt to resolve any financial, or other, disputes between the parties. If either party obtains a court order directing delivery of the mail, postal regulations provide that the mail will be delivered according to such an order. POM §616.3. If Mr. Brooks receives any mail that is intended for Mr. Ehrhardt personally, it is his responsibility to forward that mail.
The Judicial Officer should issue an Order to the New Canaan Postmaster directing that mail addressed to:
Executive Resource Group, Inc.
Executive Resource Group
ERG
ERGResource
ERGResearch
Any name including the initials "ERG," and/or
Any mail in care of Executive Research Group
35 Bank Street
New Canaan, CT 06840-6202
be delivered as directed by Gordon H. Brooks.
Bruce R. Houston
Chief Administrative Law Judge