Pay, Bonuses, and Compensation

2007 Pay Raise Goes Into Effect

President Bush authorized the implementation of a 1.7% pay raise, effective January 7, 2007. POPA and the USPTO worked to have the recently established 7% special pay rate increase for patent professionals in the GS-1220 series in place before the new year, so that the 1.7% January pay raise would be in addition to the 7% increase. Those employees not subject to a special pay scale receive a 2.64% increase, which includes a Washington DC-Baltimore locality component. Personnel who are on a special pay rate scale are not eligible for locality pay. See the updated 0576 special pay rate scale.

 

Pay Increase Arrives On Time for Most

For all but approximately 100 employees, the National Finance Center (NFC) was able to make the systems changes necessary to have the special salary rate increase available for the official pay date on December 21, 2006, contrary to what the NFC had indicated earlier.

 

USPTO Appeals Millennium Pay Decision

Management has decided to appeal the Arbitrator's decision in the Second Millennium Pay grievance. In his Commissioner's Corner column, Commissioner for Patents John Doll attempts to justify the appeal. POPA President Robert Budens provides POPA's response.

 

MAJOR WIN FOR POPA: Millennium Pay Grievance

The Arbitrator found in favor of POPA in the Second Millennium Pay grievance. He agreed with POPA that the remedy should provide for the full amount of pay to maintain the 10% and 15% differentials over the DC area GS pay for 2003. Although there is little doubt the Agency will appeal the decision, the Arbitrator found for POPA on the essential factual issue that the FLRA relied on to overturn the arbitrator's decision in the first Millennium Pay grievance.

 

Recruitment Bonuses Announced After USPTO Delay

The USPTO stated that it is offering recruitment bonuses to new, qualified electrical and computer engineers starting in July, though it had the opportunity to begin the bonuses in May and chose not to. Although POPA and the USPTO had reached an agreement in mid-May allowing the agency to offer bonuses in time for qualified electrical and computer engineers who came on board May 30, the USPTO later decided to seek OPM approval, though this step is unnecessary--the USPTO has statutory authority to offer the bonuses on its own and has done so before. This delayed implementation by several weeks. By law, a recruitment bonus cannot be offered after the employee starts working. The agency has not announced any program to offer retention bonuses. Any statements that POPA stood in the way of bonuses for employees hired May 30 are false.

 

USPTO Wins Right to Block Pay Increase

POPA's legal appeal to get the USPTO to provide employees with an annual adjustment to the examiner special pay rate as promised by the agency in the Millennium Agreement was dismissed this week by the U.S. Court of Appeals for the D.C. Circuit for lack of jurisdiction. The court stated that judicial review of this Federal Labor Relations Authority case is "statutorily foreclosed." This court decision does nothing to solve the USPTO's double-digit rate of examiner attrition. It does not move the agency towards decreasing the escalating patent pendency and increasing examination quality. It only gives the agency the right to not pay you what it promised to pay you. POPA is currently reviewing its options, e.g., persuing our pending grievances for later years of the Millennium Agreement, and will continue its efforts to get the USPTO to pay you what you deserve.