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B-180095 1 (1980-09-08)

handle is hein.gao/gaobadinz0001 and id is 1 raw text is: 



                ( ~      THE COMPTROLLER GENERAL
DECISION                 OF  THE   UNITED STATES
                         WASHINGTON, D. C. 20548




FILE:   B-180095              DATE:   September 8, 1980

MATTER  OF:ecoupment   of Union Due--Fort Stewart/        SS
             unter Army Airfield

DIGESTAccounting  and Finance Officer inquires
       whether Government is required to reimburse
       employees for union dues allotments which
       were continued after employees were no longer
       part of a bargaining unit. Reimbursement
       is not required even though not stopping
       the allotments in accordance with 5 C.F.R.
       550.322(c) was an agency error because
       employees have a responsibility to notify
       agency of improper allotment withholding and
       because agency action merely paid dues for
       employees who were union members and owed dues.
       Employees are not entitled to reimbursement
       for allotment payments which inure to their
       benefit.  B-194692, July 24, 1979. For same
       reason there is no requirement to recoup
       allotment Dayments from union. 54 Comp. Gen.
       921 (1975) and B-180095, December 8, 1977,
       .amplified.

    This decision is in response to a request by a
Finance and Accounting Officer at Headquarters,
24th Infantry Division and Fort Stewart, Fort Stewart,
Georgia, regarding the recovery of dues paid to a union
through allotments after union members were no longer
a part of the bargaining unit represented by the union.
We have concluded that the erroneously withheld
allotments need not be paid to the employees since
they have a duty to advise the agencies if an allotment
is being erroneously withheld and since the dues payments
were owed the union and inured to the benefit of the
employees. .Therefore, no action need be taken to recoup
the erroneous allotments from the unions.

    The facts of the case may be summarized as follows.
Headquarters, 24th Infantry Division and Fort Stewart,
the United States Army Medical Department Activity,
and the United States Army Communications Command






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