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Lboogie  
#1 Posted : Wednesday, December 01, 2010 5:22:15 AM(UTC)
Lboogie

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Hello,

I was converted to a GS grade that was not encompassed by the NSPS grade I held.  I was hired to an NSPS position equivilent to GS-11/12 but was given a GS-09.  From what I read of CFR 5 9901-372, I cannot be legally changed to a position other than GS-11/12.  Can someone please interpret the reg?  Secondly, if I have a valid concern, what action should I take?
Fed1969  
#2 Posted : Wednesday, December 01, 2010 7:34:16 AM(UTC)
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How do you know the NSPS position was equivilent to a GS-11/12?  I assume you were a pay band 2 employee which includes GS-9.
 
If you have something in writing from HR that says your NSPS duties were equivilent to GS-11/12, and not GS-09, you should request reconsidration.  I think the NSPS conversion process includes a process to have the grade reconsidered.
RetirednHappy  
#3 Posted : Wednesday, December 01, 2010 9:38:15 AM(UTC)
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Conversion from NSPS to GS is dependent on the Position Description you are working under, graded under GS definitions, not on any pay band worked or "equivalencies" under NSPS. If the duties and responsibilities of your PD grade out as a GS-9, you are placed as a GS-9 upon conversion, with save pay, as appropriate. If the PD is properly graded, there is no reconsideration.
Lboogie  
#4 Posted : Friday, December 17, 2010 4:57:04 AM(UTC)
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Understood.  However, what if the position was graded improperly?  If I was hired into an NSPS pay band that only covers GS 11/12 and HR used the same PD to place me into a GS-09, I feel it was inherently classified incorrectly.  The PD does say GS-09 but again, I was hired to a pay band that does NOT cover GS-09. 

Thanks!Ouch
Lboogie  
#5 Posted : Thursday, October 13, 2011 3:52:32 AM(UTC)
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What if the PD was not classified correctly?  They NSPS pay band at the top of the PD does not encompass the grade within the body of the PD.

mudpie  
#6 Posted : Tuesday, October 18, 2011 3:48:53 AM(UTC)
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File a pay claim with OPM if you feel differently. Make sure you use the Agencies administrative appeals process first.
Will  
#7 Posted : Tuesday, October 18, 2011 2:15:51 PM(UTC)
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If your PD was wrong you can file with your local HR or do a google check for nsps to gs and the OPM site has instructions.  Don't expect any speed or care from HR, I have been in the process for 1 year and I yesterday I finally got contacted to provide my info.
nightstalker2  
#8 Posted : Saturday, October 22, 2011 1:01:42 AM(UTC)
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Just file with HR and see what they say if you are wrong they would explain it. If you are right then you have piece of mind no matter how you slice it.

Lboogie  
#9 Posted : Friday, December 02, 2011 3:42:33 AM(UTC)
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Howdy Will,
I was just wondering what your HR came back and said...my situation has been elevated but no word back yet...
Attempt2  
#10 Posted : Monday, April 09, 2012 3:55:46 PM(UTC)
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Had to change account because my old one would not work and no way to change the password.

Anyways I finally had meetings with afpc and local hr and it was not good.  The AF is under new regulations to "right size" the GS level(released late 2011), "too many people put in GS-15 after the NSPS to GS process", so they are ignoring the position description and lowering as afpc want, rewriting the info from the supervisors who write the position descriptions.
 
I am in the process of submitting to OPM directly.  This is something I should of done first, and ignored the agency appeal, since based on new information I got from the local HR I would of gotten a response quicker.
Lboogie  
#11 Posted : Tuesday, July 10, 2012 3:29:43 AM(UTC)
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My situation is partly resolved Stern Smile.  I got my agency's HR HQ to correct my grade.  I finally got ticked off enough because no one was doing anything and called the Deputy Director of the HR HQ.  You'd be amazed how responsive my local HR office was when she had one of her folks call.  Now my fight is half over: I still have to get a grade determination since there are 2 grades incompassed in my old payband.  HR HQ bumped me up but left if up to my local HR to determine which of the 2 grades is appropriate :::crossing fingers::: We'll see!
 
Fight the good fight and hang in there.  Don't take no for an answer, especially if you're not on probation.
deployed decoy  
#12 Posted : Friday, July 13, 2012 12:41:04 AM(UTC)
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we all need to talk.  I have Senator Akaka (he wrote the law terminiting NSPS) beating answers out of DoD and Army now. I highlighted the OPM sworn testamoney to congress of June 2010 (Charles Grimes III) that lied to gongress on this mess. I have been OCONUS since Kosovo in May 2000. I hled GS12 step 10 as far back as 2005. I transitioned into NSPS as a non special rate (99AF) Log mgmt spec in Nov 2007. In April 2008 I PCSd to Kuwait and got a 2% NSPS pay bump (lucky me). over the next 28 months in NSPS I was cheated out of $16,500 in special rate pay - this has been reduced by the varing NSPS amounts I earned up to about 5% over step 10. It does not include about 20% in war  zone incentives or as OPM lied to congress more agency matching funds then I would have ohterwise earned in GS. Thru math only that woman understands at DoD (I know of her also) I came out of NSPS with a $6,000 pay reduction, then moved into SR 99AF as a GS12 step 9 (nine) I lost over nine years of high grade and step held in this deal in additon to over $30,000. I am ticked and if they dont get it fixed very soon I am all for a federal class action... One guy from Kuwait used return rights to the Air Force and they fixed him as he improssed. dotn get mad, get even. I vote we go after liquidated (wilful) double damages...
engineer850  
#13 Posted : Friday, July 13, 2012 12:32:18 PM(UTC)
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Deployed decoy,
Sounds like you have been given a mess to deal with. Unfortunately NSPS was repealed so fast DOD wasn't setup to execute it properly. DOD CPMS is dropping the ball on this one so I would suggest filing a claim with OPM. Please see my posts under "GS-NSPS-GS Disaster" for instructions in filing your claim. Unfortunately the Obama administration revoked this so fast DOD CPMS got it wrong in many instances. There were errors made going to NSPS and errors made revoking NSPS. I was OCONUS during the NSPS revocation and have returned CONUS and also suffered a pay reduction which has now been corrected by the diligence of my CONUS base applying the code references provided in my other postings. Good luck and please contact OPM.
deployed decoy  
#14 Posted : Friday, July 13, 2012 2:56:00 PM(UTC)
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E-850,  Yes I do nto agree NSPS died in the lab before it ever got going. Heck in 2007 at the mandatory pre-transition meeting. The 1-Star general took the mic out of the USAREUR NSPS CPD expert hand to answer a question on how parts of NSPS were found in violation of federal labors laws in the USA. The general turned bright red as he said basically 'you all are getting put in NSPS because you have no union and few federal labor protecition...' Needless to say from that day forward it was me against them. I filed a MSPB case within 30 days of going back to GS after losing all that money and high grade held. The federal judge told me, the (GS14 federal lawyer in his day job) Reserve Major repersenting Army Vs Pearson that so many people up in Army Europe had files MSPB cases the Army Europe CPD and G1 had filed a motion to MSPB to abstain from any ruling until 'Big Army' figured it out. Since I was not part of that class, the judge ordered me to show cause. I did. the case was promptly tossed out due to the definition of basic pay - I did make a bit more after going back to GS becasue they tacked on half of the 10% special rate pay when they reduced my NSPS salary $6,000 and step to 9... I went to darn near the top of OPM, pointing out the lie Mr Grimes III had made to Senator Akaka in June 2010. I was told he 'meant' this applied to CONUS based locality pay employess. I sure never read that in his sworn statment to congress.  The lady at DoD who many of us think is behind this, I will also add. In part due to her gross neglance caused a death of a federal worker in Kosovo. The US CHPPM released several health warnings on Kosovo (and kuwait) mhy co-worker spent years longer than any Army agency assumed a person would spend in the Balkans - in a known extream elevated cancer risk area. After he spent a year in landsthule for cancer treatment and was 'well' they sent him back - never telling any of us the risks... he was dead in less than a year...  So I say we file a class action federal case against the SECDEF on this NSPS mess, demand liquidated damanges and settle out of court when they remove for cause a couple DOD senior leaders.
deployed decoy  
#15 Posted : Friday, July 13, 2012 2:58:22 PM(UTC)
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yes I read the other blogs/posts. we need a single post string and people impacted by this to all get togather. One co-worker was corrected in DEC 2008. at least 3 of us though in the war zone got totally screwed, 2 have gone back to round door knobs. I will be retiring from Kuait either this DEC on 11JAN14.
Attempt2  
#16 Posted : Monday, January 14, 2013 5:10:10 PM(UTC)
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Has anyone heard anything new on this problem?
huetert  
#17 Posted : Sunday, March 17, 2013 3:54:53 AM(UTC)
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Haven't heard anything.
deployed decoy  
#18 Posted : Tuesday, April 09, 2013 7:30:28 AM(UTC)
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well yesterday, 8 APR 13, I filed a formal MSPB case. I named both the Director of OPM and the SECDEF and requested a formal court hearing. The basis included three Prohibited Personnel Practices within the complaint my High-3 were messed up because of NSPS. I stated I can prove the day before I reconverted to GS, OPM testified (lied) to congress that what was happening to me (I was earning less as a valued performer than I otherwise would have in GS) and the next day I took a $6000 cut in ay before they moved back to GS for a step reduction. never mind I held step 10 going in to NSPS and exceeded GS12 step 10 by 5% the day I went back to my GS12 position. I likewise stated I can prove SECDEF Under Secretary for Personnel (Policy section) willfully disregarded the law congress passed terminating NSPS. Im not excepting some back alley sealed del on this. It is going to court and will establish precedence for everyone else the day OPM goes final with Hi-3. Just imagine how much this is going to cost over the next 20 odd years as folks need in some cases most of their federal career pay recalculated and then interest added to what I hope is 3X liquidated damages. I'll keep you posted.
nofedjob  
#19 Posted : Tuesday, April 09, 2013 8:26:36 AM(UTC)
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YUea I'm sure you'll win your case after you pay the attorneys. Who are they the local ambulance chasers??
deployed decoy  
#20 Posted : Wednesday, April 10, 2013 11:37:45 PM(UTC)
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Well when I get a court date, I will consider a lawyer. I can grill the SECDEF under oath as well as any ambulance chasing lawyer. I don't figure we are going to get close to federal court (MSPB). I'm guessing I will get a call asking me how much I want to seal this up. Besides a hand written apology in wet ink and the SECDEFS hand writing. I'm not going to accept anything that does not establish precedence and is admissible in future cases. OPM lied to congress back in June 2010, the day before what OPM said never happened (it was to many of us special rate OCONUS feds at that very moment) and then did again, the next day when DoD failed to follow both the law terminating NSPS and the CFR in fixing non covered NSPS pay reconverting back to GS pay. Look up CFR 530.322 on how it SHOULD have been done. And quite honestly I really don't care if I never get a cent in all this. I want to see entire offices closed (under secretary of defense for personnel, policy section), and Army Chief of Personnel (civilian) - this function should transfer to OPM with Army funding it, for example. The people that screwed this up given non-grievable failure performance ratings first, so they don't qualify for RIF or PPP placement. And find themselves gainfully unemployed over this. I am after blood. I accepted a sealed EEOC hostile work area settlement last year. I asked the MSPB judge to order that unsealed. It proves the Army violated several civil and federal laws and even compromised national security, in an effort to get me fired just a few months before I was eligible to retire last year. All because I kept up the fight on this NSPS to GS pay mess. I will keep you posted.
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