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.
Q:
Prior to the National Security Personnel System (NSPS), I was a GS-13. My position did not convert to NSPS; however, I applied for and was selected for a supervisory position under NSPS. This position never existed under the GS system; it was the result of an organizational reorganization. When I converted back from NSPS to GS, I was placed in a non-supervisory, GS-13 position. However, I continued to perform the same functions and responsibilities as I had under NSPS. Similar positions within my organization and other organizations converted back to supervisory GS-14 positions. Therefore, I filed an appeal through my agency.
My agency has agreed I should be a supervisory GS-14; however, they are indicating the grade will not be retroactive to when the conversion took place. Do I have any recourse for the grade itself to be retroactive?
A:
Unfortunately, mistakes and delays in appointments and promotions, in and of themselves, do not include back pay.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
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