Q & A Session – NSPS Conversion to GS Misclassification


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


To took a promotion to the GS system out of the NSPS system. I was assigned step 1, which is not where I would have been if I had remained GS throughout my career. This affects my CSRS “high three” computation, as well as my final years of federal service. The Merit Systems Protection Board said they had no jurisdiction in 2008 and the Office of Special Counsel concurred. What are my options?


Because your case has been fully litigated, I doubt you could relitigate it as class action. Generally speaking, there is not remedy beyond an agency or OPM classification appeal for an equal pay claim based upon a misclassification or an argument that is based on a misclassification. The obvious exception is an EEO claim. Generally speaking, merit system principles are not self-executing. Instead, one has to challenge a law or rule that implements a merit system principle. Even then, that’s not all you have. Most likely, you are at the mercy of the prosecutorial discretion of the U.S. Office of Special Counsel.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

1 Comment

  1. In short 9and ending) the Answer is that agencies like the Office of Special Counsel WILL NOT do any investigation for you. They’ll decide if you have a case based upon the facts your present (along with your own investigation). If you done none, it’ll be thrown out and closed.

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