B-167062, JUN. 13, 1969

B-167062: Jun 13, 1969

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BY WHICH YOU ASK WHETHER WE HAVE ANY OBJECTION TO YOUR RENDERING ADVISORY OPINIONS AT THE REQUEST OF THE GERMAN MILITARY REPRESENTATIVE IN THE UNITED STATES AND CANADA WITH REGARD TO DISPUTES WHICH MAY ARISE BETWEEN THE GERMAN ARMED FORCES IN THE UNITED STATES AND THEIR LOCAL EMPLOYEES. THE DEPARTMENT ADVISES THAT IT WOULD NOT OBJECT TO THE COMMISSION RENDERING ADVISORY OPINIONS AS REQUESTED IF IT IS CLEARLY UNDERSTOOD THAT THE COMMISSION WOULD NOT BE ASSUMING THE ROLE OF AN ARBITER AND THAT THIS WOULD NOT BE CONSIDERED A PRECENDENT FOR THE GERMAN GOVERNMENT TO BE REQUIRED TO PERFORM A SIMILAR SERVICE FOR THE UNITED STATES FORCES IN GERMANY. THE DEPARTMENT OF STATE AND THE DEPARTMENT OF JUSTICE HAVE ALSO ADVISED THAT THEY WOULD HAVE NO OBJECTION. * * *" FURTHER.

B-167062, JUN. 13, 1969

TO MR. HAMPTON:

WE REFER TO YOUR LETTER OF MAY 23, 1969, BY WHICH YOU ASK WHETHER WE HAVE ANY OBJECTION TO YOUR RENDERING ADVISORY OPINIONS AT THE REQUEST OF THE GERMAN MILITARY REPRESENTATIVE IN THE UNITED STATES AND CANADA WITH REGARD TO DISPUTES WHICH MAY ARISE BETWEEN THE GERMAN ARMED FORCES IN THE UNITED STATES AND THEIR LOCAL EMPLOYEES.

YOU REFER TO ARTICLE IX, PARAGRAPH 4 OF THE NATO STATUS OF FORCES AGREEMENT WHICH PROVIDES AS FOLLOWS:

"4. LOCAL CIVILIAN LABOUR REQUIREMENTS OF A FORCE OR CIVILIAN COMPONENT SHALL BE SATISFIED IN THE SAME WAY AS THE COMPARABLE REQUIREMENTS OF THE RECEIVING STATE AND WITH THE ASSISTANCE OF THE AUTHORITIES OF THE RECEIVING STATE THROUGH THE EMPLOYMENT EXCHANGES. THE CONDITIONS OF EMPLOYMENT AND WORK, IN PARTICULAR WAGES, SUPPLEMENTARY PAYMENTS AND CONDITIONS FOR THE PROTECTION OF WORKERS, SHALL BE THOSE LAID DOWN BY THE LEGISLATION OF THE RECEIVING STATE. SUCH CIVILIAN WORKERS EMPLOYED BY A FORCE OR CIVILIAN COMPONENT SHALL NOT BE REGARDED FOR ANY PURPOSE AS BEING MEMBERS OF THAT FORCE OR CIVILIAN COMPONENT.' YOU SAY IN PART:

"AS A MEANS OF IMPLEMENTING THIS PROVISION THE CHIEF, ADMINISTRATIVE OFFICE, WITH THE GERMAN MILITARY REPRESENTATIVE IN THE UNITED STATES OF AMERICA AND CANADA, HAS DECIDED TO TREAT LOCAL EMPLOYEES OF THE GERMAN ARMED FORCES IN THIS COUNTRY IN THE SAME WAY THAT THE UNITED STATES GOVERNMENT TREATS ITS CIVILIAN EMPLOYEES. HE HAS ASKED THE COMMISSION TO AGREE TO GIVE ADVISORY OPINIONS IN CASES OF DISPUTES ARISING BETWEEN THE EMPLOYING AGENCY AND ITS EMPLOYEES, PARTICULARLY IN DISPUTES REGARDING POSITION CLASSIFICATIONS. THE COMMISSION WOULD BE REIMBURSED FOR ANY SERVICES RENDERED IN THIS CONNECTION.

"THE DEPARTMENT OF DEFENSE DOES NOT AGREE THAT ARTICLE IX, PARAGRAPH 4 OF THE NATO SOFA REQUIRES THAT THE GERMAN ARMED FORCES TREAT THEIR EMPLOYEES IN THIS MANNER. HOWEVER, THE DEPARTMENT ADVISES THAT IT WOULD NOT OBJECT TO THE COMMISSION RENDERING ADVISORY OPINIONS AS REQUESTED IF IT IS CLEARLY UNDERSTOOD THAT THE COMMISSION WOULD NOT BE ASSUMING THE ROLE OF AN ARBITER AND THAT THIS WOULD NOT BE CONSIDERED A PRECENDENT FOR THE GERMAN GOVERNMENT TO BE REQUIRED TO PERFORM A SIMILAR SERVICE FOR THE UNITED STATES FORCES IN GERMANY. THE DEPARTMENT OF STATE AND THE DEPARTMENT OF JUSTICE HAVE ALSO ADVISED THAT THEY WOULD HAVE NO OBJECTION. * * *"

FURTHER, YOU INTEND TO REQUIRE REIMBURSEMENT FROM THE GERMAN MILITARY REPRESENTATIVE FOR SERVICES PERFORMED UNDER THE PROVISIONS OF 31 U.S.C. 483A.

WE PERCEIVE NO OBJECTION TO YOUR RENDERING THE SERVICES IN QUESTION WITH AN APPROPRIATE REIMBURSEMENT TO THE UNITED STATES UNDER 31 U.S.C. 483A.