B-167198, AUGUST 12, 1969, 49 COMP. GEN. 97

B-167198, AUGUST 12, 1969, 49 COMP. GEN. 97

UNIONS -- FEDERAL SERVICE -- DUES -- DEDUCTION DISCONTINUANCE THE DISCONTINUANCE OF A PAYROLL ALLOTMENT FOR MEMBERSHIP DUES IN FAVOR OF AN EMPLOYEE ORGANIZATION IS SUBJECT TO 5 U.S.C. 5525 AS IMPLEMENTED BY CIVIL SERVICE REGULATIONS AND, THEREFORE, SUCH AN ALLOTMENT MAY ONLY BE REVOKED TWICE A YEAR. A REQUEST FOR REVOCATION RECEIVED BETWEEN MARCH 2 AND SEPTEMBER 1 IS DISCONTINUED AT THE BEGINNING OF THE FIRST PAY PERIOD COMMENCING AFTER SEPTEMBER 1, AND A REVOCATION REQUEST RECEIVED BETWEEN SEPTEMBER 2 AND MARCH 1 IS DISCONTINUED EFFECTIVE AT THE BEGINNING OF THE PAY PERIOD COMMENCING AFTER MARCH 1. WHETHER AN EMPLOYEE MAY HAVE A LEGAL CLAIM AGAINST AN EMPLOYEE ORGANIZATION FOR DUES PAID UNDER AN ALLOTMENT COVERING PERIODS SUBSEQUENT TO THE DATE HE RESIGNED HIS MEMBERSHIP IS A MATTER BETWEEN THE EMPLOYEE AND THE ORGANIZATION.

TO LIEUTENANT COLONEL T. W. FITZGERALD, AUGUST 12, 1969:

WE REFER TO YOUR LETTER OF MAY 1, 1969, AMSMI-KF, TRANSMITTED HERE BY LETTER OF JUNE 9, 1969, FROM CHIEF, OPERATING ACTIVITIES DIVISION, OFFICE, CHIEF OF FINANCE AND ACCOUNTING, OFFICE OF THE COMPTROLLER OF THE ARMY, WHEREIN YOU REQUEST A DECISION AS TO WHEN A PAYROLL ALLOTMENT FOR MEMBERSHIP DUES IN FAVOR OF AN EMPLOYEE ORGANIZATION SHOULD BE DISCONTINUED FOLLOWING NOTIFICATION BY THE EMPLOYEE CONCERNED TO THE PAYROLL OFFICE OF THE EMPLOYING ACTIVITY THAT HE HAS RESIGNED HIS UNION MEMBERSHIP AND TO DISCONTINUE THE ALLOTMENT. WE UNDERSTAND THAT NO NOTIFICATION HAD BEEN RECEIVED BY THE AGENCY OR EMPLOYEE SHOWING ACCEPTANCE OF THE RESIGNATION BY THE UNION.

THE APPLICABLE REGULATIONS PROMULGATED BY THE CIVIL SERVICE COMMISSION PURSUANT TO 5 U.S.C. 5527 IN IMPLEMENTATION OF 5 U.S.C. 5525 ARE AS FOLLOWS:

SEC. 550.307(E). AN ALLOTMENT FOR THE PAYMENT OF DUES TO AN EMPLOYEE ORGANIZATION MAY BE REVOKED BY THE ALLOTTER ONLY AS PROVIDED BY SEC. 550.308(E).

SEC. 550.308 DISCONTINUANCE OF ALLOTMENT.

AN AGENCY SHALL DISCONTINUE PAYING AN ALLOTMENT WHEN:

(D) EXCEPT AS PROVIDED BY PARAGRAPH (E) OF THIS SECTION, THE CIRCUMSTANCES UNDER WHICH AN ALLOTMENT IS PERMITTED UNDER SEC. 550.304 NO LONGER EXIST;

(E) THE WRITTEN REVOCATION OF AN ALLOTMENT FOR THE PAYMENT OF DUES AS AUTHORIZED BY SEC. 550.304(A) (5) IS RECEIVED IN THE EMPLOYEE'S PAYROLL OFFICE EITHER BY MARCH 1 OR SEPTEMBER 1 OF ANY CALENDAR YEAR. IN THIS CASE THE AGENCY WILL DISCONTINUE THE ALLOTMENT AT THE BEGINNING OF THE FIRST FULL PAY PERIOD FOR WHICH A DEDUCTION WOULD OTHERWISE BE MADE EITHER AFTER MARCH 1 OR SEPTEMBER 1, AS APPROPRIATE ***

UNDER THE CONTROLLING STATUTORY PROVISION, 5 U.S.C. 5525, AS IMPLEMENTED BY REGULATIONS OF THE CIVIL SERVICE COMMISSION ISSUED PURSUANT TO 5 U.S.C. 5527 AND EXECUTIVE ORDER NO. 10982, ALLOTMENTS FOR UNION DUES CAN BE REVOKED ONLY 2 TIMES A YEAR. UNDER SUCH REGULATIONS WHEN A REQUEST FOR REVOCATION OF AN ALLOTMENT FOR UNION DUES IS RECEIVED IN THE PAYROLL OFFICE OF THE EMPLOYING ACTIVITY BETWEEN MARCH 2 AND SEPTEMBER 1 OF ANY YEAR, THE ALLOTMENT IS TO BE DISCONTINUED AT THE BEGINNING OF THE FIRST PAY PERIOD COMMENCING AFTER SEPTEMBER 1, AND WHEN A REQUEST FOR REVOCATION IS RECEIVED BETWEEN SEPTEMBER 2 AND MARCH 1 THE ALLOTMENT IS TO BE DISCONTINUED EFFECTIVE AT THE BEGINNING OF THE PAY PERIOD COMMENCING AFTER MARCH 1 OF SUCH YEAR.

WHEN AN EMPLOYEE AUTHORIZES AN ALLOTMENT FOR UNION DUES, HE DOES SO SUBJECT TO ALL REQUIREMENTS AND CONDITIONS SPECIFIED IN THE CONTROLLING REGULATIONS, INCLUDING THOSE RELATING TO THE DISCONTINUANCE THEREOF. FIND NO EXCEPTION TO THE APPLICATION OF THE DUES ALLOTMENT PROVISIONS OF SUCH REGULATIONS IN THE CASE OF AN EMPLOYEE WHO NOTIFIES AN AGENCY THAT HE HAS RESIGNED HIS UNION MEMBERSHIP. WHETHER THE EMPLOYEE MAY HAVE A LEGAL CLAIM AGAINST THE EMPLOYEE ORGANIZATION FOR DUES PAID THE ORGANIZATION UNDER THE ALLOTMENT COVERING PERIODS SUBSEQUENT TO THE DATE HE RESIGNED HIS MEMBERSHIP IN SUCH ORGANIZATION IS A MATTER BETWEEN THE EMPLOYEE AND THE ORGANIZATION.