Claim for Refund of Union Dues Withheld From Salary

A decision was requested regarding the claim of an Air Force employee for refund of union dues which were erroneously withheld from his salary and transmitted to the union after the employee was promoted to a foreman position. Prior to the promotion, the employee had authorized a voluntary allotment from his pay for the purpose of paying dues to the union as is permitted under applicable regulations. The allotment should have been discontinued upon his promotion. Instead, it continued for more than 2 months, although the claimant made several attempts during that period to have the allotment terminated. In prior decisions denying refund of erroneously withheld allotments, GAO stated that an employee should not be relieved of his duty to advise the agency promptly if allotments are being improperly withheld. In this case, the employee did all that a reasonable person could do in that he promptly and repeatedly notified his agency of the improperly withheld allotment. Accordingly, the employee may be reimbursed the dues that were erroneously withheld from his pay after he was promoted out of the bargaining unit. In addition, the voluntary union dues allotment was a payment made in behalf of the employee. It continued to be made through administrative error after the employee's promotion. The payment, which was correct initially and became erroneous by operation of law, was received thereafter by the union in good faith and without fraud or misrepresentation. Therefore, repayment of the amount due the Government from the union was waived under applicable statutes.