March 16, 2017

In the Matter of the Debt Collection Act Petition

JOSEPH W. MCKINNEY v. UNITED STATES POSTAL SERVICE

P.S. Docket No. DCA 16-174

APPEARANCE FOR PETITIONER:
Joseph W. McKinney

APPEARANCE FOR RESPONDENT:
John E. Moore
Labor Relations Specialist

FINAL DECISION UNDER THE DEBT COLLECTION ACT OF 1982

Respondent, the United States Postal Service, seeks to collect $285.00 from Petitioner Joseph W. McKinney based on unpaid employee contributions for Federal Employee Group Life Insurance (FEGLI) premiums.  Mr. McKinney challenges the assessment.  I deny the Petition.  The Postal Service may collect the debt.

FINDINGS OF FACT

1. During all times relevant to this dispute, Mr. McKinney was a level PS-6 clerk and was assigned to the registry cage at the St. Louis Processing and Distribution Center (Tr. 13, 78).
2. Throughout his career, Mr. McKinney has filed several complaints regarding his job classification and claiming harassment and a hostile work environment.  Specifically, Mr. McKinney believes that Postal Service policy and regulations require that he be promoted to a PS-7 clerk because his job requires him to be accountable for the registered mail (Tr. 10).
3. Between September 2014 and January 2016, Mr. McKinney was on Leave Without Pay (LWOP) while his complaints were being investigated.  As conditions for returning to work, Mr. McKinney expected the Postal Service to investigate his harassment claims, issue an Independent Management Investigation Program (IMIP) report, and promote him to a PS-7 clerk before he returned to work.  (Tr. 65).
4. On September 10, 2015, the Postal Service’s Human Resources Shared Service Center informed Mr. McKinney that his health benefits and life insurance were being terminated because he had been on LWOP for 12 months. The letter stated:
Your FEGLI coverage will be restored with the Postal Service on your first day in a pay and duty status upon your return to duty.  The Basic and Optional elections will be reinstated in accordance with your last SF 2817, Life Insurance Election, on file.  You must contact this office immediately upon return to duty, in person or by telephone. (Resp. Exh. 4).
5. On January 7, 2016, the Manager, Distribution Operations contacted Mr. McKinney and informed him that the IMIP report had been completed.  She instructed him to return to work on January 9, 2016.  (Tr. 62).
6. On January 9, 2016, Mr. McKinney returned to work, which automatically restarted his FEGLI coverage (Tr. 62-63).  He requested a PS Form 1723 Assignment Order raising him to a level PS-7 Clerk, but did not receive one from the supervisor on duty (Tr. 62, 90-92).
7. Mr. McKinney reported to work for three consecutive days and then was scheduled off the next two days (Tr. 97).  On January 14, 2016, Mr. McKinney reported to work and requested the PS Form 1723 again.  When he was not given the form, he submitted a leave form and did not return to work any time thereafter.  (Tr. 63-65, 97).
8. The Postal Service assessed a $285.00 debt for the unpaid FEGLI contributions between January 9, 2016 and March 18, 2016.  Mr. McKinney filed a timely Petition challenging the assessed debt.  (Resp. Exh. 7; Petition).

DECISION

Mr. McKinney does not challenge the amount of the assessed debt or the proposed repayment schedule (Order and Memorandum of Telephone Conference, dated November 14, 2016).  Rather, he argues that the debt is invalid because the Postal Service maliciously told him that the investigation was complete and instructed him to return to work without providing him with a higher level position.

Mr. McKinney provides no evidence showing that the Postal Service’s actions were maliciously motivated or were in any way retaliation for his grievances or other job related complaints.  His argument fails for lack of proof.

The Postal Service is entitled to collect a debt for FEGLI coverage for which salary deductions were not made.  George A. Santana, P.S. Docket No. DCA 11-315 (June 12, 2012).  Mr. McKinney returned to work on January 9, 2016, triggering the restart of his FEGLI coverage.  He presents no evidence that by seeking to recover the debt, the Postal Service is treating him differently than any other employee who returned to work after an extended absence and any perceived intentions of why he was instructed to report to work are irrelevant.  Toni C. Dunn-Seaton, P.S. Docket No. AO 10-257 (I.D. March 4, 2011).

The Petition is denied.  The Postal Service may offset $285 by involuntary administrative salary offset.

Diane M. Mego
Administrative Judge