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B-212695 1 (1984-05-07)

handle is hein.gao/gaobadlrj0001 and id is 1 raw text is: --U- THE COMPTROLLER UENERAL OECISION OP THE UNITED STATES WASHINGTON. 0. 0. 9084 FILE: B-212695 DATE: May 7, 1984 MATTER OF: Local 3062, American Federation of Government Employees, Recoupment of Erroneously Withheld Dues DIQEST: 1. Section 7115(b) of Title 5, United States Code, requires that union dues allotments terminate when an employee is no longer in the bargaining unit. Therefore, neither management nor the union should knowingly continue or permit dues withholding for an employee who is no longer in the bar- gaining unit. 2. When dues are erroneously withheld from an employee who is no longer in the bargaining unit, that employee is not entitled to repayment of the erroneously withheld amount if the employee failed to take the steps necessary to cancel voluntary dues withholding. Certifying and disburs- ing officers, and other accountable officers are advised not to take recoupment action against the union in such circumstances. 3. Agency erroneously continued to with- hold dues from an employee who was transferred to another location out of the bargaining unit. Upon discovery of the error, the agency recouped the erroneously withheld amount from the union and paid it to the employee. The union received the erroneously withheld dues in good faith and with- out fraud or misrepresentation, and therefore collection of that amount from the union is waived under 5 U.S.C. S 5584 and the union may be reimbursed. Q(c4oti

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