May 7, 2003

In the Matter of the Petition by

HUBERT R. RANEY

8915 Saboda Court

at

Tampa, FL 33634-1125

P.S. Docket No. DCA 03-126

APPEARANCE FOR PETITIONER:

Hubert R. Raney

8915 Saboda Court

Tampa, FL  33634-1125

APPEARANCE FOR RESPONDENT:

Cindy S. Beierlein

Labor Relations Specialist

United States Postal Service

2203 N. Lois Avenue, Suite 1042

Tampa, FL  33607-7142

DISMISSAL

            Respondent has provided copies of Notices of Levy, IRS Forms 668-W, addressed to Respondent, and requiring Respondent to turn over to the Internal Revenue Service wages and salary earned by Petitioner, but not yet paid.  As noted in my Order of March 31, 2003, under the provisions of Handbook F-16, Respondent is required to “withhold payments that have been levied upon and pay them to the Internal Revenue Service.”  Further, there is no provision for a hearing under these circumstances.

            Accordingly, this matter is dismissed for lack of jurisdiction.  If, as noted in the Order of March 31, 2003, Petitioner believes that the Internal Revenue Service has made an error in issuing the Notices of Levy, his recourse is to that agency, rather than to the Postal Service.

                                                                                    David I. Brochstein

                                                                                    Administrative Judge