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ICE  
#1 Posted : Friday, June 4, 2010 8:53:25 AM(UTC)

Rank: Groupie

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Joined: 1/3/2009(UTC)
Posts: 86

Anyone who suffers a reduction in grade after the NSPS-GS conversion can sue under the statutes. Either describe the scenario specific to your case here or contact me offline if you want the legal citation needed to help with your case. Good luck to you! 
SKA  
#2 Posted : Thursday, June 17, 2010 9:26:20 PM(UTC)

Rank: Newbie

Groups: Registered
Joined: 6/17/2010(UTC)
Posts: 1

I'd like to know more about the right to sue.
Mike  
#3 Posted : Sunday, September 5, 2010 10:53:23 PM(UTC)
mchlfarias

Rank: Newbie

Groups: Registered
Joined: 9/5/2010(UTC)
Posts: 2

I was a GS-12 when I converted to NSPS. I was then non competetively reassigned to another position in a different Career Field. I worked that job for over 2 years and earned performance awards. Now that I am converting on Sept 12 I was given notice that I will be a GS-11 on retained pay. I will receive only half my yearly COLA's until I get back within the GS-11 scale. That will probably not happen because I am near the end of the GS-12 payscale. I am told I am not losing pay but this feels like a demotion and a loss in pay for future actions. The reasoning is that I am sitting on a GS-11 classified position. Does this seem right band just to anyone? I am a non barganing unit employee so I am going to try to file a grievance under  AFI 36-1203. I hope I can get some legal representation because I am not a lawyer. Is this the right course?
itsuptoyou2  
#4 Posted : Thursday, September 9, 2010 12:01:12 AM(UTC)

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Joined: 4/2/2010(UTC)
Posts: 52

9901.372(v) Notwithstanding paragraph
(d)(1)(iii) of this section, an employee’s
virtual GS grade may not be less than
the permanently assigned GS grade the
employee held upon conversion into
NSPS (for an employee who was converted
as described in § 9901.371), unless,
since that time, the employee has undergone—
(A) A voluntary reduction in band or
reduction in base salary;
(B) An involuntary reduction in band
or reduction in base salary based on
unacceptable performance and/or conduct;
or
(C) A reduction in band based on a reduction
in force (RIF) or classification
action.
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