B-150053, NOV. 5, 1962

B-150053: Nov 5, 1962

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TO DISCHARGE THE COMPANY'S OBLIGATIONS WAS TO BE DETERMINED BY THE REGIONAL DIRECTOR OF THE BOARD'S NEW YORK OFFICE. AN INVESTIGATION WAS CONDUCTED BY THE REGIONAL DIRECTOR AND IT WAS DECIDED THAT. INQUIRED IF SOME MONEY WAS NOT DUE HIM. IT WAS DISCOVERED THAT THE REGIONAL DIRECTOR HAD MISTAKENLY INCLUDED THE NAME OF HAROLD WILLIAMS ON THE LIST FURNISHED THE COMPANY AND HAD ERRONEOUSLY OMITTED THE NAME OF PAUL MARTIN. WILLIAMS HAVE BEEN UNSUCCESSFUL. FEDERAL INCOME TAX AND NEW YORK STATE TAXES WILL BE MADE FROM THE PAYMENT TO MR. EFFORTS WILL BE CONTINUED TO RECOVER THE AMOUNT WHICH MR. WITHOUT ANY FAULT ATTRIBUTABLE TO THE COMPANY ON WHOSE BEHALF THE PAYMENTS WERE MADE. IT IS SUGGESTED THAT AN ASSIGNMENT OF THE RIGHTS OF PAUL MARTIN BE OBTAINED IN THE NAME OF THE UNITED STATES.

B-150053, NOV. 5, 1962

TO CHAIRMAN, NATIONAL LABOR RELATIONS BOARD:

YOUR LETTER OF OCTOBER 4, 1962, SUBMITS FOR OUR CONSIDERATION AND DECISION THE PROPOSED PAYMENT OF $417.66 FROM THE NATIONAL LABOR RELATIONS BOARD'S APPROPRIATION IN A SITUATION ARISING FROM THE SETTLEMENT OF THE LABOR RELATIONS CASE OF ALLEN AND ROBERT HELFT, ET AL., CASE NO. 2-CA- 7875, LOCAL 945, IBT, CASE NO. 2-CB-3106.

THE COMPANY, IN ACCORDANCE WITH THE TERMS OF A SETTLEMENT STIPULATION, AGREED TO PAY A TOTAL OF $3,500 TO 26 INDIVIDUALS TO WHOM IT HAD DISCRIMINATORILY REFUSED REINSTATEMENT. THE AMOUNT, IF ANY, DUE EACH DISCRIMINATEE, TO DISCHARGE THE COMPANY'S OBLIGATIONS WAS TO BE DETERMINED BY THE REGIONAL DIRECTOR OF THE BOARD'S NEW YORK OFFICE. AN INVESTIGATION WAS CONDUCTED BY THE REGIONAL DIRECTOR AND IT WAS DECIDED THAT, OF THE 26 EMPLOYEES ELIGIBLE FOR BACK PAY, THE SETTLEMENT OF $3,500 SHOULD BE PRORATED AMONG 20 OF THE CLAIMANTS. PURSUANT TO THE REGIONAL DIRECTOR'S INSTRUCTIONS, THE COMPANY MADE OUT CHECKS PAYABLE TO THE 20 CLAIMANTS, INCLUDING ONE HAROLD WILLIAMS, AND TRANSMITTED THE CHECKS TO THE REGIONAL DIRECTOR WHO IN TURN MAILED THEM TO THE NAMED CLAIMANTS. SUBSEQUENTLY, PAUL MARTIN, ANOTHER DISCRIMINATEE, INQUIRED IF SOME MONEY WAS NOT DUE HIM, AND IT WAS DISCOVERED THAT THE REGIONAL DIRECTOR HAD MISTAKENLY INCLUDED THE NAME OF HAROLD WILLIAMS ON THE LIST FURNISHED THE COMPANY AND HAD ERRONEOUSLY OMITTED THE NAME OF PAUL MARTIN. EFFORTS TO OBTAIN RESTITUTION FROM MR. WILLIAMS HAVE BEEN UNSUCCESSFUL.

IN ORDER TO CLOSE THE CASE THE BOARD PROPOSES TO PAY THE SUM OF $417.66 TO PAUL MARTIN OUT OF ITS APPROPRIATED FUNDS. THE NECESSARY DEDUCTIONS FOR FICA, FEDERAL INCOME TAX AND NEW YORK STATE TAXES WILL BE MADE FROM THE PAYMENT TO MR. MARTIN. EFFORTS WILL BE CONTINUED TO RECOVER THE AMOUNT WHICH MR. WILLIAMS RECEIVED IN ERROR.

THE ERRONEOUS PAYMENT OCCURRED IN THE BOARD'S CARRYING OUT THE RESPONSIBILITIES IT ASSUMED IN THE COURSE OF ITS OFFICIAL DUTIES, AND WITHOUT ANY FAULT ATTRIBUTABLE TO THE COMPANY ON WHOSE BEHALF THE PAYMENTS WERE MADE, THE PAYEE OF THE CHECK, OR THE PERSON RIGHTFULLY ENTITLED TO BACK PAY. IN SUCH CIRCUMSTANCES, WE WOULD NOT OBJECT TO THE ACTION PROPOSED TO BE TAKEN. IT IS SUGGESTED THAT AN ASSIGNMENT OF THE RIGHTS OF PAUL MARTIN BE OBTAINED IN THE NAME OF THE UNITED STATES, AND ANY COLLECTION MADE FROM HAROLD WILLIAMS MAY BE CREDITED TO THE APPROPRIATION AS APPROPRIATION REFUNDS (7 GAO 3050). YOUR ATTENTION IS INVITED TO 4 GAO 5050 FOR GUIDANCE IN COLLECTION PROCEDURES.