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:
I was recently converted from the National Security Personnel System (NSPS) to the General Schedule (GS), from a YH-03 to a GS-13, which I see as a demotion. I was originally a GS-13 when I was first converted to NSPS and later became a YH-02 in 2001 and a YH-03 in 2008 for accretion of duties.
My supervisor and department head have said they were not aware of this change and believe I am working at the GS-14 level. However, my command also says they do not have job classification authority. We are filing an appeal, but do not know how to appeal this decision or where we should file the appeal.
Is this legal?
A:
The question is, “Is this legal?” The answer is yes. You request a desk audit and file a classification appeal on your grade level. The rate of success for employees on classification appeals is low.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
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