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Recoupment of Union Dues

B-180095 Sep 08, 1980
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Highlights

A Finance and Accounting Officer asked whether the Government is required to reimburse employees for union dues allotments which were continued after the employees were no longer a part of the bargaining unit represented by the union. The record showed that through an administrative error the U.S. Army Communications Command continued to deduct and transmit dues to the union on the basis of allotments of employees who were no longer in the bargaining unit. In response to the request, GAO held that although the allotments were erroneously withheld, the Government is not required to pay back the withheld allotments to the employees. The employees should not be relieved of their duty to advise the agency promptly if allotments are being improperly withheld, even though it is the primary responsibility of an agency to cancel allotments of union dues when an employee is no longer in the bargaining unit. In any case, the employees do not lose the money in question since it was owed to the union. Further, the union was not being unjustly enriched, since it was entitled to dues from its members. Therefore, the erroneous allotment payments should not be recouped from the union.

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