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The Army Lawyer | 2020 Issue 1View PDF

Skeletons in the Foot Locker

A federal employee finds a vacancy for a position as a Civilian Senior Executive (CSE)1 and applies on the website USAjobs.gov. An accusation against this same employee exists in a closed Equal Employment Opportunity (EEO) complaint—an accusation of sexually harassing a subordinate that was quickly settled. The Army will never know about it and may choose this person as their best candidate.

Leading Leaders in Managing Civilians

After successfully completing another rotation through a complex deployment, your commander, Colonel (COL) Rock, had commanded superbly and shown great leadership potential for increased responsibility.1 In order to prepare him for the next level of command, COL Rock has been given a broadening assignment at a large installation and assumed command of a garrison.2 He recognizes that he will be presented with many unfamiliar challenges since he has not served on a garrison staff for quite some time.

COVID-19: A Judge Advocate’s Role in Advising Decision-Makers

The virus known as COVID-19 is a novel coronavirus originating in Hubei, China.1 Since its discovery in December, the virus has spread the world over. As of 12 March 2020, the World Health Organization reporteds more than 125,000 cases and 4,600 deaths worldwide. Those infected include service members, dependents, and overseas Civilian employees.

No. 2: Looking into the Crystal Ball

It hasn’t attracted much attention but a seemingly minor quasi-judicial ruling is a prime example of how our acquisition system serves as a means to self-inflicted unilateral disarmament. Unless senior leadership in the Defense Department acts in the next few weeks, this Government Accountability Office’s (GAO) protest decision in favor of Oracle and against the Army and Transportation Command will ensure that China will dominate the future military application of quantum computing, artificial intelligence and machine learning, data analytics, biotechnology, robotics and autonomous operations.1

No. 3: The Court-Martial of Jackie Robinson

On a hot August afternoon at Camp Hood, Texas, in 1944, nine Army officers sat in judgment in the general court-martial of a second lieutenant (2LT) accused of insubordination and disrespect under the Articles of War.1 The trial would last just four hours and fifteen minutes and result in a full acquittal.2

No. 4: Six Steps for Excessive Absences

One of the many types of cases likely to come across your desk as a labor or employment counselor is removal for excessive absences due to a medical condition. Consider this scenario—which is fraught with hazards for even a seasoned labor attorney: a supervisor comes to your office and requests help in dealing with a Civilian employee who is repeatedly out of the office for two, three, or more days a week.

Closing Argument: The FLSA Team Is Working

Since 2007, Army installations have found themselves on the receiving end of Fair Labor Standards Act (FLSA) “group grievances” filed by the same small law firm in Baltimore, Maryland. The FLSA provides minimum standards for wage and compensation, including overtime compensation, for employees in the United States.1