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B-201817 1 (1982-01-27)

handle is hein.gao/gaobadkap0001 and id is 1 raw text is: ttbTVHISCOMPTROCLLER GENERAL DECISION- OF THE UNIrTI aATuul At At H ING TO N, 0,0,9200 40 FILE: B-201817 DATEi January 27, 198? MATTER OF: National Federation of Federal Employees, Local 1239 - Waiver of Union Dues Erroneously Deducted DIGEST: Agency erroneously continued to deduct union dues from three employees who were promoted out of bargaining unit and r',- mitted amounts to union, Upon discovoring the error, the agency refunded the deduc- tions to the employees and collected the amounts erroneously paid from the union, Since the record shows that the union was not at fault in receiving these payments, repayment is waived pursuant to 5 U.S.C. § 5584. Local 1239 of the National Federation of Federal Employees (NFFE) has requested waiver of repayment of union dues it received which had been erron.ously with- held from three employees after they had been promoted out of Local 1239's bargaining unit* We hold that Local 1239 is entitled to waiver of repayment of the erroneously withheld union dues. Three employees of the Dugway Proving Ground, Utah, Department of the Army, namely, Mr. Bert C. Barlow, Mr. Darrell L,. Coffman, and Mr. Bud M. Cox, all author- ized the agency to deduct union dues from their pay and remit that money directly to Local 1239. When these three employees were then promoted to supervisory posi- tions at various dates from 1973 to 1976, the agency shoUld have terminated the dues allotments front the employees to the union, but failed to do so. In October 1979, the agency discovered the error and re- funded to the employees the amounts withheld by mistake. In addition the agency recouped the total amount errone- ously withheld, $1,063.50, from current amounts due Local 1239. * Local 1239 protested this action and raises the following arguments in its defense. First, the union contends that it did not know who among its members were supervisors and, therefore, was not aware that

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