In the Matter of a Mail Dispute Between:

PAUL RIMES
and
PATRICIA ALONZO

P.S. Docket No. MD-83

Lemert, James E., Administrative Judge

APPEARANCE FOR PAUL RIMES: Paul L. Rimes, pro se,, 2018
Hardy Street, Hattiesburg, MS 39401-4918

APPEARANCE FOR PATRICIA ALONZO: Dan R. Wise, Esq., 214 West Pine
Street, Hattiesburg, MS 39401-3627

INITIAL DECISION

This mail dispute concerns mail addressed to 2018 Hardy Street, Hattiesburg, Mississippi 39401-4918. It was forwarded to this Department for decision pursuant to Domestic Mail Manual (DMM) § 153.72. Both disputants filed written submittals under 39 C.F.R. § 965.5, and disputant Alonzo filed a reply pursuant to 39 C.F.R. § 965.6. Material furnished by the Office of Field Legal Services, Southern Division, and the submittals of the parties form the bases of the following findings and conclusions.

FINDINGS OF FACT

1. Disputant Paul Rimes is the president of Pro Travel of Mississippi, Inc. (Pro Travel), which conducts business at 2018 Hardy Street, Hattiesburg, MS 39401-4918.

2. Disputant Patricia Alonzo is president and majority stockholder in a Mississippi corporation known as Alonzo Travel Agency, Inc., which formerly did business at 1910 Hardy Street, Hattiesburg, MS 39401-4994. Although in 1988 Alonzo Travel Agency, Inc. filed for Chapter 11 Bankruptcy, the corporation was not dissolved.

3. On September 15, 1988, an agreement between disputant Alonzo and Pro Travel, captioned "Memorandum of Intent to Enter Into Independent Contractor Relationship," was executed under which Alonzo assumed duties at Pro Travel under specified terms and conditions. In addition to setting forth the fee and commission arrangements, the agreement included the following provisions:

"It is further agreed that Pat Alonzo will receive 50% of the commission earned on any group business that she handles irregardless if Alonzo or Pro Travel business.

It is understood that Pat Alonzo will have to spend time to ensure the orderly transition from her present position both personal and business to those activities associated with Pro Travel.

Pro Travel of Mississippi, Inc. will not assume or be liable for any former debts of the Alonzo Travel Agency, Inc."

4. On February 13, 1989, supplement no. 1 to the agreement was executed which deleted a number of previous provisions and included the following:

"Pro Travel agrees to pay Pat Alonzo $1500.00 per month for the next nine (9) months effective January 1, 1989. This $1500.00 will cover work performed for Pro Travel as a travel consultant, any business that Pro Travel may receive from the Alonzo Travel Agency or any other compensation other than group travel.

This agreement is based upon the assumption that Pat Alonzo will support Pro Travel and run any and all travel related business thru Pro Travel. Any violation of this will void this agreement."

5. In a further agreement dated October 1, 1989, between Pro Travel, designated in the agreement as "employer," and disputant Alonzo, designated "independent contractor," the parties agreed to continue the arrangement, subject to similar terms.

6. During the time the agreements were in force disputant Alonzo worked in the offices of Pro Travel at 2018 Hardy Street.

7. Sometime prior to February 28, 1990, the business relationship between disputant Alonzo and Pro Travel terminated.

8. Disputant Alonzo's request that mail addressed to her or to the Alonzo Travel Agency at 2018 Hardy Street be forwarded, was objected to by disputant Rimes. Disputant Rimes offered a compromise plan under which such mail would be jointly opened during a 90-day period and any disagreements referred for higher decision. This was apparently unsatisfactory to disputant Alonzo.

9. It was determined by the Postmaster, in a decision later concurred in by Postal Service counsel, that mail should be delivered as addressed to 2018 Hardy Street.

10. Dissatisfied, disputant Alonzo requested the dispute be referred to this Department for review and decision.

CONCLUSIONS

1. The purpose of this proceeding is to determine which party has the right to obtain delivery of the mail as addressed and is not necessarily dispositive on the question of ownership.

2. Even though designated an independent contractor, disputant Alonzo, while working at the address in issue, was performing services for Pro Travel.

3. Applicable regulations provide that when a dispute involving persons associated with a corporation arises, mail is to be delivered as directed by the president of the corporation (DMM § 153.51).

4. Pro Travel is the corporation whose place of business at times pertinent to this dispute was the Hardy Street address in issue.

5. Disputant Rimes, as president of that corporation, is entitled to receive and direct the delivery of the mail in question.