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Nerdles  
#1 Posted : Wednesday, May 23, 2012 10:12:32 PM(UTC)

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I am in dire need of advice and will great appreciate any I receive.
 
I'm employed as a DoD Competitive Service civilian, in a fairly obscure paybanding system. My pay is equal to a GS-12, literally a few dollars shy of the Step 3 amount. I've been a GS-12 equivalent for over a year.
 
I applied for a GS-13 position that I should be eminently qualified for, at a DHS agency. However, the agency's HR staff told me I was not referred to the selecting official, because I supposedly don't have time in grade (TIG). There are two reasons they're wrong:
 
1:  The Code of Federal Regulations specifically exempts non-GS federal employees from TIG requirements if the employee has never been in a GS position for 52 weeks or more. I've never been in a GS position, ever.
 
2: This HR unit has ignored the latter point, only telling me that they use a "representative rate" of GS-12 step 4 for determining TIG. And that because my pay is not equal to a that step, I do not have TIG. (It's quite ridiculous; if I were a GS employee, I could be a 12-1 and have been referred, but because I'm in this insane payband system, they're saying I have to be 12-4 or higher.) Besides, "represntative rate" appears to be intended for use in RIF actions only, not hiring.
 
Does anyone know whom can I contact at OPM to get this resolved?
 
Thank you!
 
 
Nerdles2012-05-24 06:20:53
baron90  
#2 Posted : Friday, May 25, 2012 1:17:24 AM(UTC)

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You need to contact the HR office for the agency in which you applied and ask them to reconsider your application based on the above information.  Most agencies outside of DOD are unfamiliar with pay banding so you will need to provide them all of the documentation you can in support of your position.
karen1920  
#3 Posted : Friday, May 25, 2012 1:46:03 AM(UTC)

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Nerdles, you don't want to work for DHS, ESPECIALLY if you're an 1102.  I do wish you all the best moving upwards from pay-banding.
Jake  
#4 Posted : Friday, June 15, 2012 4:29:06 AM(UTC)
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This issue has been resolved and you will be contacted by the HR staff on Monday.

GSBS  
#5 Posted : Friday, June 15, 2012 4:47:56 AM(UTC)
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I applied for a WG position as was given a lower paying GS position? I was lied to too! GSBS2012-06-15 20:08:54
Jake  
#6 Posted : Friday, June 15, 2012 5:03:40 AM(UTC)
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Sorry, I only recognized the issue being raised and happened to have been approached for resolution.  I am not familiar with the term "WB" position.
Forrest Carver  
#7 Posted : Monday, June 18, 2012 1:17:57 AM(UTC)
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would you all mind sharing how this turned out? I'd like to know the "right" way to do the conversion, since I've experienced (and heard from several) that this has been done wrong in the past.
Nerdles  
#8 Posted : Monday, June 18, 2012 2:35:11 AM(UTC)

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It's now been resolved to my satisfaction. To its great credit, this particular agency reviewed the CFR as well as the GS-equivalency chart I had supplied and concluded I was in fact eligible for the cert list. They were actually quite reasonable and communicative--so the lesson here is that if you're persistent, polite, and back up your claim with evidence, you have a good shot at persuading somone.
 
To answer the previous poster's question: There should be, at any agency using a payband system, a GS-equivalency chart like the one I mention. Given the wide sweep of most paybands, a given salary may lie within either of two GS grades. However, paybanding agencies also use a broadband category, which should make clear which grade it's equal to.
 
Representative rate equals step 4 of a grade. According to the CFR, it is to be used only in two instances: 1. in determining who gets laid off in what order when a RIF happens (Title 5, section 351) and 2. to determine what GS grade/rate a non-GS position is equal to when the applicant ALSO has worked in a GS position in the last 52 weeks (Title 5, section 300.605).
 
The latter one is tricky; we know that if a fed has not worked in a GS position in the last 52 weeks, they are exempt from TIG entirely (Title 5, section 300.603b [Exclusions], item 4). But suppose someone has worked the last 8 months in a GS-11 position and the previous 6 months in a non-GS position. They're now applying for a GS-12 job. Because they've been in a GS position within the last 52 weeks, TIG is triggered. But now HR has to figure out what level the previous job (the 6 months) was. They do that by looking at the salary of that job and seeing if it's equal to step 4 of GS-11.
 
What's ironic is that if our fictitious candidate had been in that non-GS job the whole time (making less money!), none of this would matter; there is no TIG requirement. Or if they had taken that GS-11 job starting before a year ago, they'd have TIG as a GS-11, even if only at a step 1.
 
It doesn't help that the CFR is so confusing. For agencies' HR departments to avoid lifting regulations out of context, they must be sure to read the entirety of Subpart F part in order--so that 300.603 (coverage/exemptions) is first, then .604 (criteria to be met for people not exempted by the previous section), and then .605 (how to see if those criteria are met in odd situations).
Nerdles2012-06-18 11:52:09
TheFrederalGovt  
#9 Posted : Friday, June 22, 2012 6:20:40 PM(UTC)

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So cool that both the applicant and HR official are on Federal Soup.
zhaoxinying29  
#10 Posted : Thursday, November 01, 2018 12:44:01 PM(UTC)
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GSBS  
#11 Posted : Sunday, November 04, 2018 12:57:59 PM(UTC)
GSBS

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Its people like you that give Spam a bad name. EIGHT THOUSAND posts here and it seems to be allowed?

Originally Posted by: Guest Go to Quoted Post
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GWPDA  
#12 Posted : Monday, November 05, 2018 7:01:30 AM(UTC)
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Monitors! Please remove this nonsense.
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