In the Matter of a Mail Dispute Between:

RAEMA HARDY,
6245 North Willard Avenue,
San Gabriel, CA 9l775-2539

and

ALBERTA GLADWELL,
468 North Gerona Avenue,
San Gabriel, CA 91775-2938

P.S. Docket No. MD-2

Joan B. Thompson Administrative Judge

INITIAL DECISION

The Regional Counsel for the Western Region, United States Postal Service, forwarded this matter for decision pursuant to Domestic Mail Manual 153.72 and 39 C.F.R. Part 965 (52 Fed. Reg. 29012, August 5, 1987). Each disputant claims to be the president of the San Gabriel Woman's Club, Inc., and, therefore, entitled to receive the mail of that organization at Post Office Box 627, San Gabriel, California 91776. Both disputants have filed written submissions.

FINDINGS OF FACT

1. The San Gabriel Woman's Club, Inc. is a nonprofit corporation in California with a mail address of Post Office Box 627, San Gabriel, California 91776 (San Gabriel Woman's Club 1987-1988 Year Book (submission of Mrs. Alberta Gladwell)).

2. Domestic Mail Manual 153.51 provides that mail to a corporation should be delivered "as addressed or to an authorized agent." If there is a disagreement among corporate officers and others connected with the corporation, the mail is to be "delivered in accordance with the order of the president of the corporation."

3. On May 15, 1987, Disputant Raema Hardy was elected president of the club for a term from June 1, 1987, to June 1, 1988. Disputant Alberta Gladwell was then treasurer of the club, with a year of her term remaining. (Submissions of Mrs. Hardy and Mrs. Gladwell).

4. During the summer of 1987, disagreements arose among the membership of the club concerning club business and operations. Consequently, in a specially-called club meeting on August 7, 1987, the club membership voted that Mrs. Hardy be removed from office "for ineligibility and for abuse of power." Mrs. Gladwell was elected president for the remainder of Mrs. Hardy's term. Minutes of several meetings of the club thereafter and the 1987-1988 Year Book of the Club demonstrate that since August 7, 1987, the club membership (with the apparent exception of Mrs. Hardy) recognizes Mrs. Gladwell as the club's president. (Submission of Mrs. Gladwell). Mrs. Hardy has not shown that she has been recognized as president since that time. At most, she has submitted a copy of a legal opinion from her attorney that the actions taken to remove her from office were not in accordance with the club's by-laws. (Submission of Mrs. Hardy).

5. In July 1987 Mrs. Hardy obtained all the club's keys to the club's post office box. After her ouster from office, she would not turn them over to the newly-elected officers. Based on information that Mrs. Hardy had been ousted from office and that Mrs. Gladwell was the new president, personnel at the San Gabriel, California Post Office 91776-9998, changed the lock to the club's post office box and turned over the keys to Mrs. Gladwell (Postmaster's letter of September 10, 1987, to Regional Counsel and attachments). Mrs. Hardy protested against this action. The postmaster notified Mrs. Hardy and Mrs. Gladwell on September 2, 1987, of the "box closure." ( Id .).

The postmaster then turned the mail dispute over to the Regional Counsel, who subsequently transmitted the matter to the Judicial Officer Department for resolution.

6. Certified mail return receipt cards show that both disputants received a copy of the Recorder's "Notice of Docketing and Submittal Due Date," dated October 7, 1987. Each disputant filed a submittal in accordance with 39 C.F.R. 965.5. The Recorder sent a copy of Mrs. Gladwell's submittal to Mrs. Hardy by certified mail return receipt requested. However, after two notices from the post office to Mrs. Hardy, that mail was returned to the Recorder as "unclaimed." These delivery attempts and return to the sender were in accordance with procedures set forth in the Domestic Mail Manual 912.55.

7. By Order of November 12, 1987, the presiding undersigned Administrative Judge notified the disputants that the controlling determination in this matter would be whom the club membership presently recognizes as the club's president. Mrs. Hardy was allowed ten days from receipt of the Order to mail evidence or tender an offer of proof of evidence to be presented at a hearing in this regard. She responded to the Recorder that she had not received a copy of Mrs. Gladwell's submission.

8. By Order of December 7, 1987, Mrs. Hardy was allowed an additional ten days to submit evidence. The Order noted that she had been mailed a copy of Mrs. Gladwell's submittal but it had been returned as "unclaimed," and a courtesy copy had been sent to her by regular mail. No response has been filed.

CONCLUSIONS OF LAW

1. In accordance with Domestic Mail Manual 153.51, mail to the San Gabriel Woman's Club, Inc., a nonprofit corporation, is to be delivered in accordance with the instructions of the president of that club.

2. The evidence establishes that Mrs. Raema Hardy was ousted from her office as president of the San Gabriel Woman's Club, Inc., and the club's membership elected Mrs. Alberta Gladwell to fill the remainder of her term. Mrs. Hardy's attorney's opinion that this action was not in accordance with the club's by-laws is not accepted as countering the effect of the membership's actions. The propriety of those actions is up to the club's membership or some tribunal other than the Postal Service to determine.

3. Mrs. Hardy was appropriately mailed copies of Mrs. Gladwell's submission and has been afforded additional opportunities to submit evidence that the club's membership recognizes Mrs. Hardy as the current president, but has failed to show such evidence.

4. The membership of the San Gabriel Woman's Club, Inc., currently recognizes Mrs. Gladwell as president of the club; therefore, mail to that club at Post Office Box 627, San Gabriel, California 91776, is to be delivered to her or someone she authorizes to receive the mail. The attached Order should be issued.

Joan B. Thompson
Administrative Judge

O R D E R

All mail addressed to San Gabriel Woman's Club, Inc., Post Office Box 627, San Gabriel, California 9l776, shall be delivered to the president of the club or someone authorized by her. Mrs. Alberta Gladwell is the current president.

just proposed order, no judge

James A. Cohen Judicial Officer