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Posted: 7/19/2024 2:51:07 PM EDT
Yes, holy wall of text, come on people it isn't GD, this is legal forum. I assume lawyers learn to read and stuff at those fancy schools they go to.

Ok so background, I've been a GS 12 for 10+ years now (not a huge secret, I have actually met a couple other GS ARFcommers over the years in person, and I'm definitely not a glowie), no detrimental issues.

A federal job announcement for my exact job opened (public job announcement , so even though I'm an employee here already I can apply) in a new city(same agency, same job, same duties, slight pay bump, and not just locality) was published. I applied for my own job (same title/series, same agency, same duties, more pay) in a different location. I was informed I was not selected for the job and nobody gave me a reason. Despite the two times i reached out to the hiring official to inquire as to what I was missing(more education, better performance, rabbit in a hat and a 64 Impala etc). I applied for 8  locations and was not selected for any of them.

During the same hiring event I also put in for my same job, at my same location, and same duties. Literally I would only change my own name tape and get a slightly bigger paycheck, everything else would stay the same). I was informed that I would not be getting that job and another person would be getting hired off the street for the new position, but they would be getting the higher paying (but same authority/responsibility) position; this person would also require training to do the job at full performance level. Despite my having been successful for 4 years at this point. Person is qualified, can easily be taught the skills and tasks of the position, no question, I've seen the resume. Why? because I told them about the job and helped them tune resume in my off hours. Mind you, I have ZERO influence on hiring process; I'm simply tired of being expected to do 14 hours worth of work in 8 hours regularly, so I put in the work to locate people to apply.  

I recently asked about the hiring process for the local position (literally only changing my name tape on the cubical ) with my manager recently and was informed that I was not selected for the vacant position because that would leave my current position empty, resulting in no gain of bodies. Instead the guy who I helped tune resume was recommended for hiring.  I believe this is a violation of 5 USC 2302 (b) (4), and 5 USC 2303(b) (12)  per  definitions provided in 5 USC 2301. Prohibited Personnel Practices.
The other transfer positions I believe I was removed from hiring consideration due to the remark from my manager.  "...we aren't going to allow a location with only one person in it to transfer to another location because that would leave a gap, if we hire more we MIGHT allow a transfer..." .  


For perspective I'm an above average employee, not quite "walks on water" but definitely well above average. Every official rating period I have had has rated me as 3.4 /5 to 3.8 /5 . For scale (roughly 1/5 is "you unjustly beat minorities with a night stick on live cable news while yelling racial slurs, on multiple occasions; we are documenting this so you can be fired"  2/5 would be "you were observed on ONE occasion to beat a minority with a billy club while only saying racial slurs, we are going to send you to remedial training",  and anything above 3-3.29 is "you are ok, keep it up", 3.3-3.49 is "good job, you are above average" and a small performance bonus,   3.5-4.0 is "hot danm, you are amazing", an actual performance bonus, 4.0+ is nearly unheard of, as in  mother theresa, ghandi, and jesus  rolled together wouldn't get a 4.5/5 ..)

I have the manager on tape saying "...we arn't going to allow a location with only one person in it to transfer to another location because that would leave a gap, if we hire more we MIGHT allow a transfer..." .  
Link Posted: 7/19/2024 3:23:23 PM EDT
[#1]
I know nothing about federal hiring regs, but why aren’t you lobbying for a pay increase consistent with what they are offering in the wild for the same position? Are you required to play these games of applying for the same position?
Link Posted: 7/19/2024 3:26:17 PM EDT
[#2]
File a FOIA and EEO to get your answers.
Link Posted: 7/19/2024 4:29:22 PM EDT
[#3]
Have you looked into an OPM desk audit?
Link Posted: 7/19/2024 7:22:04 PM EDT
[#4]
Union member?
Link Posted: 7/19/2024 7:45:42 PM EDT
[#5]
If you are a white male that may be the issue.

The HR dept at my old agency would try to fill every opening with a "diverse" candidate unless the job was wired for someone internally.
Link Posted: 7/19/2024 8:04:07 PM EDT
[#6]
I supervise 5 GS’ in the same series and GS grade, all of them came in a different steps.  The most leverage you have is when you enter the GS system. Once offered a position, before you formally accept, you can negotiate for a higher step, typically for superior qualifications.

Once in your steps increase with time in service, or you can get a QSI.   You can’t lateral into an open position to get a step increase.  You can apply to other positions but as you stated, locality or special pay tables can raise the pay rate for the same series.  It’s dizzying and doesn’t always make sense.  Good luck.
Link Posted: 7/22/2024 7:05:14 PM EDT
[#7]
It isn’t steps or locality. There is a shortage in my particular job series (think MOS), the requirements of the position the position has been taken from gs to something called title 21 which basically gives a 15 % hiring bump to all employees in it. Like one paycheck you get 2k as a gs12, next paycheck you are converted and you get 2600. Nothing else Changes. The union has been made aware , I’m just trying to get a second opinion.

My consern is that my transfer to a different area is being actively blocked  by my boss. Unethical easily, illegal I don’t know.  For instance today , I’m on vacation time.. Said boss emailed my personal email account with a pdf of my 6 month review (no encryption ), and then texted me multiple times to see if I would answer it and “sign it” . While I was on leave. I refused because as I understand the rules of FOIA anything on the computer used To do government work can be made public record. I’d rather my BOTD photo collection stay private.im going to bring that up work union as well when I get back.
Link Posted: 7/22/2024 8:35:56 PM EDT
[#8]
I've known a few government employees in your situation.  Your boss will block you moving to a different position because you're too good to lose.

This is you:
https://www.ar15.com/forums/General/The-Curse-of-Competency-/5-2738116/
Link Posted: 7/23/2024 4:51:01 AM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By fsjdw2:
It isn’t steps or locality. There is a shortage in my particular job series (think MOS), the requirements of the position the position has been taken from gs to something called title 21 which basically gives a 15 % hiring bump to all employees in it. Like one paycheck you get 2k as a gs12, next paycheck you are converted and you get 2600. Nothing else Changes. The union has been made aware , I’m just trying to get a second opinion.

My consern is that my transfer to a different area is being actively blocked  by my boss. Unethical easily, illegal I don’t know.  For instance today , I’m on vacation time.. Said boss emailed my personal email account with a pdf of my 6 month review (no encryption ), and then texted me multiple times to see if I would answer it and “sign it” . While I was on leave. I refused because as I understand the rules of FOIA anything on the computer used To do government work can be made public record. I’d rather my BOTD photo collection stay private.im going to bring that up work union as well when I get back.
View Quote


I think you're following the right track. Not knowing precisely where you work, I know I would start with my union rep. I'm in a slightly different situation as I'm a title 38 employee so they have special ways to deny us things. None the less, if there were improprieties, your union rep should go to war on your behalf. That's what you've been paying dues for.
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