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Rizzy01  
#1 Posted : Wednesday, October 06, 2010 3:42:54 AM(UTC)
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Has anyone heard about a NSPS to GS class action lawsuit for DOD employees?  I know there was some talk of it previously.  A number of us are on pay retention, positions have been downgraded, we're not receiving a payout from our last appraisal cycle, etc.  If there's a class action suit you're aware of, please let me know.  Also, any details on OPM attorneys specializing in NSPS would be appreciated.  Smile
AJA  
#2 Posted : Thursday, October 21, 2010 1:32:49 AM(UTC)
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I would also be interested in such information...but it does not sound like much of a class action if no one has even bothered to reply.

This is a surprise to me since the stats show over 20% of those converted are in "pay retention" status.

provided  
#3 Posted : Saturday, October 23, 2010 3:30:41 PM(UTC)
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My understanding of this was that there is no grounds for a lawsuit.  The positions are considered (even by the union) as having gotten 'early raises'.

Downgrades are a completely different story.  Downgrades were not supposed to occur.  Two examples that show my point. 

A YA-2 that was paid at the level of a GS-13 Step 10 but converted to a GS-12 is NOT a downgrade.  This person benefited from a flexibility in NSPS that does not exist in GS.

A YA-3 that was paid at a GS-14/15 level that converted to a GS-12 is a problem and should contact their HR department and continue until they got an explanation. 

One thing that many folks seem to be forgetting.  Civilians carry their Step within the grade of their position.  But grade is determined by the position and nothing else (not pay and not previous highest grade).  The only exception are career-ladder positions which are handled a little differently.

Mquin1960  
#4 Posted : Saturday, November 06, 2010 11:11:14 PM(UTC)
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I would be very interested in any class action suit information as those who got thrown into a NSPS position and then took a GS promotion did not get the 2 step increase.  I got a whopping 3 cents per hour when promoted from a GS 7 to a GS-9.  Those who stuck with NSPS got more money when converted back and it wasn't a promotion.   I'm told I'm not the only one this has happened to like it's suppose to make me feel better.  Any info on how to pursue righting this wrong would be appreciated.
The HalfBreed  
#5 Posted : Sunday, November 07, 2010 11:23:26 AM(UTC)
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President Bush decided that NSPS was the wave of the future. Apparently, too many felt NSPS was a SHAM, to say the least.......enough that, it was shelved and GS reinstated. Many felt NSPS should have stayed....and continued. Maybe your argument should be with the BUSH administration and those that supported it ?
RETIRED 12/19/2012 !!! Good Bye Tension !!! Hello Pension !!!
provided  
#6 Posted : Sunday, November 07, 2010 1:30:35 PM(UTC)
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The HalfBreed wrote:
President Bush decided that NSPS was the wave of the future. Apparently, too many felt NSPS was a SHAM, to say the least.......enough that, it was shelved and GS reinstated. Many felt NSPS should have stayed....and continued. Maybe your argument should be with the BUSH administration and those that supported it ?


Yes, it is true that the Bush administration supported pay for performance but it was not revoked by the Bush administration.  In the deliberations for revocation, there was no mention of NSPS being a "SHAM".  The people that revoked NSPS never supported NSPS.  It is wholly on management for NSPS being a failure.

NSPS was not initiated with the intent to roll back into GS, thus the struggle.  If anyone, the argument should be made to the people that are taking away NSPS.
provided  
#7 Posted : Sunday, November 07, 2010 1:35:12 PM(UTC)
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Mquin1960 wrote:
I would be very interested in any class action suit information as those who got thrown into a NSPS position and then took a GS promotion did not get the 2 step increase.  I got a whopping 3 cents per hour when promoted from a GS 7 to a GS-9.  Those who stuck with NSPS got more money when converted back and it wasn't a promotion.   I'm told I'm not the only one this has happened to like it's suppose to make me feel better.  Any info on how to pursue righting this wrong would be appreciated.


How can you get promoted from GS-7 to GS-9 if you are in NSPS?  Not trying to be fecisious this just caught my eye as strange.
Mquin1960  
#8 Posted : Sunday, November 07, 2010 6:00:17 PM(UTC)
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Point taken.  I was a GS-7 thrown into NSPS in Feb 08 (YB) and then promoted in July to GS-9 with only a 3 cent per hour raise from max pay setting.
RiseAboveIt  
#9 Posted : Friday, December 10, 2010 9:17:50 PM(UTC)
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I will post my question here as well....I was a GS10 in a staff position, converted to NSPS.  Now, going to be converted back to a GS10 managerial position.  Why would a manager be the same grade as a staff position?  Additionally, I top out the GS 10 by approximately 400 dollars.  What happens then?  I'm stuck for the remainder of the time as a GS10 with no room for advancement?
provided  
#10 Posted : Saturday, December 11, 2010 12:05:53 AM(UTC)
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The classification standards used for supervisory positions are a little different but I would assume that there were some responsibilities that were replaced by the managerial duties not that the managerial duties were added. 

Seems that with the proposed pay freeze you would be on retained pay for the next two years but the third year I would imagine that GS10 step 10 would catch up to where your salary is currently.

As far as getting to a GS11 you would have to compete for a promotion.

Let me know if I'm unclear or if you have anymore questions about it.

Blue2Can  
#11 Posted : Tuesday, November 29, 2011 11:27:17 PM(UTC)
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There should be a lawsuit.

This is what happened in my transition from NSPS.  My base pay was dropped $4000.00 so they could put me in 10 step 6.  My base pay was at 10 Step 9.  They added the locality pay to 23% from 14.10 and called it special pay.  So what is wront with that picture.  I read all the info on the transition and basic pay was to be the same.  I guess personnel got creative and thought this was ok since it didn't change my end pay amount.  So not only did I get >>>>>> less of the raise with raising to the next step if in between but I got lowered 3 steps.  I need an attorney so bring it on!!!!!!!

provided  
#12 Posted : Wednesday, November 30, 2011 12:15:51 PM(UTC)
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That seems strange.  I've never heard of any way to increase locality beyond the annual rate that OPM dictates.  The only time I've ever heard the term 'Special Pay' is in terms of an off-cycle payment of due funds.  What did your personnel office say when you asked about your situation?

Blue2Can  
#13 Posted : Thursday, December 01, 2011 2:59:07 AM(UTC)
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They said it was special pay but I have found no where that I ever received special pay and HR can not show me 4000.00 in special pay.  I found speical pay for nurses at other bases but not at Ft. Hood.  If anyone has special pay rates at Ft. Hood please let me know where to find them.  HR here has no clue except to say we calculated your special pay.  I am upset and want a paper trail all my SF 50's mention no special pay.
provided  
#14 Posted : Thursday, December 01, 2011 8:00:36 AM(UTC)
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Oh I see.  Those pay rates are based on occupation and location.  What is your occupational series?

TeresaME  
#15 Posted : Tuesday, May 15, 2012 2:28:35 PM(UTC)
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I too am very intrested in knowing if there is currently a class action lawsuit pending for the NSPS to GS conversion. Currently I have a MSPB (Merit Sysems Protection Board) grievance working this issue. I accepted a YA-02 position which had a reach back PD of a GS-13. My salary was adjusted to match that of a GS-13, step 1. When the conversion was inacted, my position was changed from a 343-YA02 to a 560 GS-9. HR refused to use the reach back PD and failed to move me into a 343 equivalent position. Instead I was kept in the new position and downgraded accordingly. Now, under pre-RIF actions, I'm being reassigned to a GS-9 501 position. This action not only is causing a permenant demotion, but is also frozen my salary since it is way above the GS-9 step 10 grade. Of course, my pay is protected indefinately and/or if I get back into an equivalent graded position to equal my current salary. Why HR failed first of all to convert the YA 343 position and move me to an equivalent position is in question. Because the position was completely changed, this should have been advertised and filled with an equivalent incombent and I given the opportunity to move on in my career. I strongly believe unless we who have been so seriously injured by the NSPS conversion, must fight and either join an existing class action suit or start one. Does anyone agree? I worked very hard to move ahead in my career after putting in 28 years and earning my advance degrees. I was expected to perform at a high level of managerial equivalent performance, but downgraded in grade. Management saw nothing wrong with this, but expected the work performance at the managerial level non the less. I'm being reassigned, and I have no say, otherwise I could lose my civil service job in light of the RIF. However, the position is being given to a Capt with two assisstants to help. Talk about abuse of power. Hopefully the MSPB will rectify the failure of management and HR to follow the laws which were set to protect us civil service employees caught up in the negligence of HR and management to follow the ROE (Rules of Engagement) set forth to correctly convert employees.
engineer850  
#16 Posted : Thursday, May 17, 2012 9:22:31 AM(UTC)
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I put NO trust in the MSPB. They have been less than adequate in handling other NSPS related issues. The Codes of Federal Regulation have not been followed with the rushed handling of transitioning from NSPS to GS, nor was the handling of transitioning from GS to NSPS correct either. You are probably better off filing a case with OPM than with MSPB. So many codes have been violated with this rush transition related to NSPS. Please see my other posts in relation to filing a case with OPM. I currently have a case filed with them after an unsuccessful attempt at getting correction through the inadequate MSPB. My pay has been corrected, but only through the diligence of my new base, not the MSPB. I still have a case with OPM addressing back pay mainly to get this mess fixed for others as well. My situation is not the same as yours but it does concern the incorrect application of 'special' pay. Good luck filing. 
TeresaME  
#17 Posted : Thursday, May 17, 2012 10:46:16 AM(UTC)
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I'm disappointed to read that you had a negative outcome with filing an MSPB. This has me seriously concerned. Do you believe I can win this case going through OPM? I'm interested in reading your posts on filing a case with OPM. Please help me in understanding how to do this. My biggest concern is getting back into the paygrade and series I accepted when I signed the contract to accept this position. The government violated this contract and is getting away with doing whatever they want to an employee who in good faith accepted a position, then to have to deal with it being snached from under them due to stupidity on capital hill making ignorant decisions that have seriously impacted many of us civil service employees.
engineer850  
#18 Posted : Thursday, May 17, 2012 10:49:00 PM(UTC)
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I am re-posting the information below. As for whether or not you can win that is hard to say as my case is not concluded yet and I have not seen any other conclusions from OPM regarding NSPS. If OPM does not fix this than perhaps going to the news media may help put pressure on the government to get this NSPS mess fixed. I am generally adverse to lawsuits because usually the money just goes to the lawyers so I would suggest news coverage first.

For those who did not receive special salary rate (SSR) under NSPS but upon the transition to GS have a special salary rate deducted from their basic pay I would suggest the following:

If you were overseas when you return please use the next paragraph of information.

My stateside base has successfully fixed my pay after my recent return CONUS! All raises I received while overseas were given back to me and my salary was restored to its prior SSR amount. Thanks much to their efforts in addressing this problem! My base applied AFI36-802 1.2.11 and 10 USC 1586. This fix applies to those who were overseas during the NSPS to GS transition mess. 

To all others affected but not overseas I recommend the following the information below.

To all of those who were placed on special salary rate pay tables and had their basic pay reduced when you transitioned from NSPS to GS please help fix the problem by doing the following (these steps are for those who reassigned under NSPS and never had a special salary rate added to basic pay prior to the transition to GS but subsequently had a portion removed and called SSR upon transition to GS):

  1. File a complaint with your agency if you have not done so, in writing.  A generic email for DOD CPMS is cpmsnote@cpms.osd.mil for starters if you cannot receive a written reply at your base level. I can provide more contacts if needed.
  2. After receiving a denial of claim you may file a claim with OPM using the steps in the paragraph below. The website is: http://www.opm.gov/payclaims/, but all claims need to be mailed in, and send it certified or registered otherwise it has been known to get lost in the mail.
  3. Another step is to pursue 10 USC 1586 if you are returning stateside and have your base apply the USC which basically states you should not lose pay for taking an overseas assignment.
It is my hope we can get this resolved for everyone without private legal action but more people need to submit claims to OPM to get this moving along. If only a few of us are complaining then it must not be a big problem, right? So, make your voice heard. File the complaints.

OPM Claim Process

Regulations pertaining to this function are found in CFR 178. Pertinent information in CFR 178 includes:

(a) Content of claims. A claim shall be submitted by the claimant in writing and must be signed by the claimant or by the claimant's representative. While no specific form is required, the request should describe the basis for the claim and state the amount sought. The claim should also include:

  1. The name, address, telephone number, and facsimile machine number, if available, of the claimant;
     
  2. The name, address, telephone number, and facsimile machine number, if available, of the agency employee who denied the claim;
     
  3. A copy of the denial of the claim, issued by the employing agency; and,
     
  4. Any other information, which the claimant believes OPM should consider
Good luck and start filing

deployed decoy  
#19 Posted : Friday, April 12, 2013 4:39:50 AM(UTC)
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E-850, EtAl, I filed a MSPB case a few days ago. The basis was incorrect high-3. I referenced three Prohibited Personnel Practices within the case. I likewise requested the judge order a sealed settlement between myself and the secretary of the army from last summer, opened and part of my case. In part so that I may prove willful intent on the part of the agency(s). I had filed a MSPB case back in 2010 that got tossed out but the judge, based on the narrow definition of basic pay MSPB is authorized to review. In part my willful claim uses the knowledge of the agency that MSPB would toss my case (and by default 100s of others) as additional willful actions. OPM lied to congress on 9 June 2010 when the deputy told Senator Akaka that what was happening to all us overseas, never happened and the very next day I reconverted into GS with a $6000 pay cut. One would assume that was enough to receive an agency (army) reply. Not so. I worked for the next 2 years with DoD CPMS (the name has changed to protect the stupid). In the summer of 2012 a very senior lawyer at DoD Under Secretary of Defense, Personnel, told me he had no intention of addressing this, directly to Senator Akaka whom I had asked to help me receive a reply from CPMS. Apparently his staff had released draft number 4 of the formal reply to the senator on that date. but it was going in the shredder... I just can not wait to see the new OPM Director under oath and followed by the new SECDEF. I will keep you all posted... Anyone with a sealed OPM settlement, is more than invited to tell me there names. nothing sealed or secret about that. If I can get a few, I might be able to convince the judge to bring in the justice dept to review conspiracy to obstruct justice...
Retired Decoy  
#20 Posted : Thursday, October 24, 2013 1:38:20 AM(UTC)
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GREGGORY J. PEARSON v. DEPARTMENT OF DEFENSE Docket # DC-0752-13-0467-I-1. is now in full review in the Eastern Region of MSPB. That decision will either result in the case dismissed or a court date. DoD lawyer Steven J. Weiss, Esq., has never argued my case on merits, only that my case should have been filed against the Secretary of Army not Defense and that MSPB ruled in 2010 I had no case. Problem is in 2010 MSPB tossed everyone's cases, based on the definition of 'basic pay'. Then on 9 June 2010 OPM lied to congress on this same issue then two years later, both OPM and DoD CPMS (James Davey) refused to answer Senator Akaka in 2012 when I asked for a congress review. They waited him out, Akaka retired last Dec...That judge back in 2010 made it clear to both me and the agency that day, I would have a valid case the minute I retired based on incorrect Hi-3. I also have a sealed case I plan to open, going to cost me to do that... I'm really not in this any longer for the money. I want to see Chuck Grimes III and James Davey escorted off federal property for violating their oath of office- specifically failing to follow the law terminating NSPS. Anyone who ever received full, partial or a sealed settlement from any DoD agency or OPM concerning NSPS reconversion to GS. PLEASE tell me the story on private email.
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