U.S. and Them: Citizenship Issues in Department of Defense Civilian Employment Overseas

摘要

Federal employment systems must evolve to remain relevant, yet a virtually inevitable consequence of evolution is complexity. When the U.S. Secretary of Defense noted that, "We have complaints from managers that they have to manage over several different personnel systems," he had identified one such complexity. Indeed, over the past half-century, Department of Defense (DOD) personnel systems overseas have developed their own intricate challenges. These challenges often involve citizenship issues. A significant part of the DOD civilian workforce is employed in Europe. Within Europe, the majority is employed in Germany. Focusing on the U.S. Army in Germany, this article examines the sources, impact, and occasionally incongruous consequences of citizenship on DOD employment of civilians overseas. In doing so, this article makes periodic reference to the following hypothetical which illustrates some common, recurring issues that invariably vex even seasoned labor and employment law practitioners abroad: Mr. G. S. Wannabe is a U.S. citizen who has been living in Germany for years with no affiliation to the U.S. forces stationed there. One day, he applies for a local, appropriated fund (APF) job with the U.S. Army. The Army civilian personnel advisory center rejects his application because he is ordinarily resident and, in their words, cannot be paid in dollars.