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U.S. Army Judge Advocate General’s Corps Issue 1 • 2020 Managing Civilans 2 Covid-19 51 Liability with Contingent Workers 33 Jackie Robinson’s Court-martial 68 A member of the 82d Airborne Division’ s OSJA participates in the the standing power throw portion of the Army Combat Fitness Test. (Credit: Justin Kase Conder/AP) Table of Contents Editorial Board Issue 1 • 2020 Captain Nicole Ulrich Departments Practice Notes Editor-in-Chief, The Army Lawyer Court Is Assembled 31 GOAD-ing Civilian Employees Captain Pearl K. Sandys By William J. Koon Editor-in-Chief, Military Law Review 2 Top Ten Secrets of Managing Civilians Major Courtney M. Cohen By William J. Koon 33 Liability Pitfalls with Contingent Workers Director, Professional Communications Program By Major Theodore B. Reiter Lieutenant Colonel Jess B. Roberts News & Notes Vice Chair, Administrative and 4 Non-Tactical Vehicle Guidance 37 Skeletons in the Foot Locker Civil Law Department By Office of The Judge Advocate General By Lieutenant Colonel S. Tennaile Timbrook Administrative Law Division Lieutenant Colonel Keirsten H. Kennedy Chair, Administrative and Civil Law Department 41 The Three Rs of Anti-Harassment Career Notes By Heidi M. Hanley Mr. Fred L. Borch III 7 Readying the Road Regimental Historian and Archivist Future Concepts Preps 47 Leading Leaders in Managing Civilians Lieutenant Colonel Megan S. Wakefield for Future Conflicts By Major Mary E. Jones Chief, Strategic Communications By Lieutenant Colonel Matthew A. Krause, Major Jason C. Coffey, and Major Jonathan Chief Warrant Officer Two Matthew M. Casey J. Wellemeyer 51 COVID-19: A Judge Strategic Communications Officer Advocate’s Role in Advising Decision-Makers By Major Matthew T. Bryan Mr. Marco Marchegiani 10 Lessons from the Australian Defence Force Art Director, Government Publishing Office By Lieutenant Colonel Laura A. Grace M. Jaleesa Mitchell-Smith Technical Editor Lore of the Corps Features Mr. Sean P. Lyons 13 Women in the Corps: A Short History of Female No.1 Editor, The Army Lawyer Judge Advocates 52 When Does an Employee By Fred L. Borch III Become an Employee? The Army Lawyer (ISSN 0364-1287, USPS 490-330) is By Maria D. Esparraguera published six times a year by The Judge Advocate General’s 24 The Holt House’s History Legal Center and School, Charlottesville, Virginia for the By Fred L. Borch III purpose of education and performance in legal responsibilities. No.2 The opinions expressed by the authors in the articles do not necessarily reflect the view of the Department of Defense, the In Memoriam 58 Looking into the Crystal Ball Examining GAO’s Oracle Department of the Army, The Judge Advocate General’s Corps America Ruling (JAGC), The Judge Advocate General’s Legal Center and School, 25 Remembering Recently Departed or any other governmental or non-governmental agency. By Major William T. Wicks Judge Advocates in 2019 Masculine or feminine pronouns appearing in this pamphlet By Fred L. Borch III refer to both genders unless the context indicates another use. No.3 The Editorial Board evaluates all material submitted for publication, the decisions of which are subject to final Azimuth Check approval by the Dean, The Judge Advocate General’s School, 68 The Court-Martial of U.S. Army. 29 Experiential Leadership Jackie Robinson By Major Jamie L. Gurtov By Major Adam Kama Unless expressly noted in an article, all articles are works of the U.S. Government in which no copyright subsists. Where copyright is indicated in an article, all further rights No.4 are reserved to the article’ s author. No compensation can be paid for articles. 84 Six Steps for Excessive Absences The Army Lawyer may make necessary revisions or deletions By Allison G. Marvasti and Kathryn D. without prior permission of the author. An author is Poling responsible for the accuracy of the author’s work, including citations and footnotes. Closing Argument The Army Lawyer articles are indexed in the Index to Legal Periodicals, the Current Law Index, the Legal Resources Index, 106 The FLSA Team Is Working and the Index to U.S. Government Periodicals. The Army By Riva Parker Lawyer is also available in the Judge Advocate General’s Corps electronic reference library and can be accessed at https://tjaglcspublic.army.mil/tal. Articles may be cited as: [author’s name], [article title in italics], ARMY LAW., [date], at [first page of article], [pincite]. On the cover: (Credit: istockphoto.com/arthobbit). related to a breakdown of the relationship between the two. From our experience as human beings, we all know relationships take work. The relationship between a manager and em- ployee is no different. In order to make that relationship successful—and thereby make both the civilian employee and the super- visor successful—both must be dedicated to working together. In my opinion, it all starts with engagement and investment. New Beginnings and Defense Perfor- mance Management and Appraisal System (DPMAP) was designed under the theory that an engaged employee is a productive employee. The more an employee iden- tifies with the organization, its mission, its leaders, and their colleagues, the more invested that employee is. And, the more invested or engaged an employee is, the more effort they will put into accomplish- ing the mission. Before I dive into the ten secrets to successfully managing civilians, I want to start by dispelling two commonly held myths. First, civilians are not watching the clock because they don’t want to work hard. The vast majority of our civilian employees are incredibly devoted, diligent, and professional public servants. They are proud of their service, and proud to be a member of the team. However, at 1700, they need to leave—not because they don’t want to finish the work on their desk, but because they want to save you from possibly violating the Fair Labor Standards Act, the Collective Bargaining Agreement, Court Is Assembled or other rules, regulations, and policy regarding pay and attendance. Second, there is a myth that civilians are hostile to management and development—they are Top Ten Secrets of Managing Civilians set in their ways and just want to be left alone. False. Put some thought and effort into leading your Civilians and remember By William J. Koon to follow the Golden Rule—manage them as you would like to be managed. And now, the moment you have been The labor counselor down the hall the labor counselor’s role felt like a 50/50 waiting for . here are the ten secrets to from you is perhaps the best student split—half-lawyer, half marriage coun- success as a manager of Civilians. These of the on-again, off-again relationship selor. And, sure enough, more than twenty are in no particular order, but I guarantee between managers and employees. In fact, years later, with most of those years spent if you make at least five to seven of these I can recall commenting to my wife, after practicing labor and employment law, I part of your routine, you’ll see the differ- surviving my first labor counselor action still believe the vast majority of problems ence in your workforce and they’ll see the as a young Judge Advocate General’s (JAG) managers have with civilian employees are difference in you. Corps captain at the Presidio of Monterey, 2 Army Lawyer • Court Is Assembled • Issue 1 • 2020 1. Find the Facebook from the office’s last you. Spend time talking with them and than you, right? So, why not just let them Article 6 visit, and read the bios of each getting to know them. Let them get to do what they do, and free up some time to and every civilian in the office. Get to know you. do all the other work you have? know them—where they have been, Because it’s not fair to them, not fair to what they’ve been doing, and what they 7. Do something for their birthdays. A the office, and not fair to you as a manager. would change about the JAG Corps. card signed by everyone in the office or Employees, even those who don’t need take them and their closest coworkers any “help” to do their job because they’re 2. Read each and every word in each of out to lunch or bring them their favor- the subject-matter expert, appreciate your your employees’ position descriptions. ite Starbucks drink. Just don’t let them taking an interest in them, their work, and If it’s not accurate, talk to your legal go home that day thinking the only their development as professionals. So, take administrator (and, maybe, your labor thing you did for their birthday was the time to get involved, and watch what counselor) about it. review their IDP! happens! You, your employees, and your entire organization will be all the better for 3. Make a spreadsheet showing each em- 8. Talk to each and every Civilian that the effort you put in! TAL ployee that works for you listing each works for you at least once a day, if award they’ve received and when they you’re in the office. If you’re TDY, send Mr. Koon is the Corps’s Senior Civilian and received it. This includes both kinds them an email or text. Even if it’s just a the Director, Civilian Personnel, Labor and of awards—the annual performance quick “hello,” or “how was your week- Employment Law, Office of The Judge Advocate award employees normally get when end?” But, if you’re going to ask, mean General, Pentagon, Washington, D.C. they’ve received a positive evaluation it.

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