B-134763, FEB. 14, 1958

B-134763: Feb 14, 1958

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WAS ERRONEOUSLY DELIVERED TO CHARLES D. HOWARD WHO CASHED IT APPARENTLY BELIEVING IT WAS INTENDED FOR HIM. THE LETTER CONTAINING THE CHECK WAS ADDRESSED TO CHARLES HOWARD. IT IS THE WISH OF THE BOARD TO CLOSE THIS CASE. THE INTENDED PAYEE ON THE PRESENT RECORD APPEARS TO HAVE BEEN WITHOUT FAULT IN THE MATTER AND THE ERRONEOUS DELIVERY TO HAVE OCCURRED IN THE BOARD'S CARRYING OUT THE RESPONSIBILITIES IT ASSUMED IN THE COURSE OF ITS OFFICIAL DUTIES. IT IS SUGGESTED THAT ANY BALANCE REMAINING UNRECOVERED BE REPORTED TO OUR CLAIMS DIVISION FOR FURTHER ACTION.

B-134763, FEB. 14, 1958

TO HONORABLE BOYD LEEDOM, CHAIRMAN, NATIONAL LABOR RELATIONS BOARD:

YOUR LETTER OF DECEMBER 26, 1957, SUBMITS FOR OUR CONSIDERATION THE PROPOSED USE BY THE NATIONAL LABOR RELATIONS BOARD OF APPROPRIATED FUNDS IN A SITUATION ARISING FROM THE SETTLEMENT OF THE LABOR RELATIONS CASE OF CAMBRIA CLAY PRODUCTS COMPANY, NO. 9-CA-474, 106 NLRB 267.

THE COMPANY, PURSUANT TO ITS AGREEMENT WITH THE BOARD TO MAKE PAYMENT TO CERTAIN NAMED FORMER EMPLOYEES IMPROPERLY DISCHARGED, TURNED OVER TO THE REGIONAL OFFICE OF THE NATIONAL LABOR RELATIONS BOARD SEPARATE CHECKS TO THE ORDER OF EACH OF THE INDIVIDUALS. THE REGIONAL OFFICE UNDERTOOK TO DISTRIBUTE THE CHECKS TO THE RIGHTFUL PAYEES BY REGISTERED MAIL. ONE OF THE CHECKS, THAT OF CHARLES HOWARD IN THE AMOUNT OF $280, INTENDED FOR CHARLES H. HOWARD, WAS ERRONEOUSLY DELIVERED TO CHARLES D. HOWARD WHO CASHED IT APPARENTLY BELIEVING IT WAS INTENDED FOR HIM. THE LETTER CONTAINING THE CHECK WAS ADDRESSED TO CHARLES HOWARD, OAK HILL, OHIO, R.F.D., THE LAST KNOWN ADDRESS OF CHARLES H. HOWARD. IT APPEARS THAT CHARLES D. HOWARD, TO WHOSE CURRENT ADDRESS AT LIMA, OHIO, THE POST OFFICE FORWARDED THE LETTER, HAD PREVIOUSLY RESIDED ON A RURAL ROUTE OUT OF OAK HILL, OHIO.

IT IS THE WISH OF THE BOARD TO CLOSE THIS CASE. TO DO SO, IT PROPOSES TO PAY $280 TO CHARLES H. HOWARD OUT OF ITS APPROPRIATED FUNDS AND ENDEAVOR TO RECOVER THAT SUM FROM CHARLES D. HOWARD, WHO HAS EXPRESSED A WILLINGNESS TO MAKE RESTITUTION ON A WEEKLY, OR MONTHLY, BASIS.

THE INTENDED PAYEE ON THE PRESENT RECORD APPEARS TO HAVE BEEN WITHOUT FAULT IN THE MATTER AND THE ERRONEOUS DELIVERY TO HAVE OCCURRED IN THE BOARD'S CARRYING OUT THE RESPONSIBILITIES IT ASSUMED IN THE COURSE OF ITS OFFICIAL DUTIES. UNDER THE CIRCUMSTANCES, WE WOULD NOT OBJECT TO THE ACTION CONTEMPLATED IN THE PRESENT CASE. WE SUGGEST THAT AN ASSIGNMENT OF THE RIGHTS OF CHARLES H. HOWARD BE OBTAINED IN THE NAME OF THE UNITED STATES, AND ANY COLLECTIONS MADE FROM CHARLES D. HOWARD MAY BE RECREDITED TO THE APPROPRIATION AS APPROPRIATION REFUNDS. SEE 7 GAO MANUAL 3050. SHOULD FULL RECOVERY FROM CHARLES D. HOWARD NOT BE ADMINISTRATIVELY POSSIBLE, IT IS SUGGESTED THAT ANY BALANCE REMAINING UNRECOVERED BE REPORTED TO OUR CLAIMS DIVISION FOR FURTHER ACTION. SEE 4 GAO MANUAL 5050.