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B-235386 1 (1989-11-16)

handle is hein.gao/gaobacxzu0001 and id is 1 raw text is: 270 The Comptroller General of the United States Washington, D.C. 20548 Decision OP Matterof: Joseph Hanley, et al. File: B-235386 Date: November 16, 1989 DECISION The issue in this case is whether the Department of Labor may use appropriated funds to pay employees' union dues where, due to administrative error, the department failed to withhold the union dues from the pay of Mr. Joseph Hanley and four other employees over several pay periods.1/ Under the Federal Labor-Management Relations Statute, 5 U.S.C. S 7115(a)(1982), upon receiving an employee's written authorization, federal agencies must withhold union dues from the employee's pay and make an appropriate allotment to the e .lusive representative for the employee's bargaining unit. We have hild that,' where unioh dues weret not collected by an agency due to administrative error, the agency may use appropriated funds to reimburse the union. However, since the payment of union dues is a personal obligation of the employees, after reimbursing the union the agency must seek to recover the amount of the dues from the employees or exerc-ise its power' o waive collectioe-from the 19pployees under 5 U.S.C. S 5584 11982).. B-180095,&/Oct. 2, 1975, as modified by 60 Comp. Gen. 93 /96 (1980). Under the waiver authority, the agency head is authorized to waive in whole or in part repayment by the employees of amounts aggregating not more than $500, such as those here in question, if collection would be against equity and good conscience and not in the best interest of the United States. This waiver authority may not be exercised if there is an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee. 5 U.S.C. S 5584(b)(1).X See also 4 C.F.R. Part 91(1989). 1/ This decision is in response to a request from Mr. Thomas C. Komarek, Assistant Secretary for Administration and Management, Department of Labor.

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