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2022.03.07 Update – Dues Forgiveness, Dental Benefits, Event Center, Network Privacy, Vaccine Policy

ACE Members,

Delta Dental Coverage Survey ( 3rd & Final Reminder)
There is still time (it only takes a minute) to complete our survey on your experience with Delta Dental. We’ve heard individual anecdotal stories about dental offices changing to being out of network but the survey is intended to capture the experience of the membership:

  • Responses are due by Wednesday, March 8th – (Survey Link Removed)

Survey feedback has a direct impact upon benefits negotiations with the District. Thank you to the many who’ve responded already.

Dues Forgiveness – February
Union dues were not collected from our February paychecks as a part of our budget plan for the third time this academic year. While the base rate is 0.95% of regular pay, the effective rate we pay has been lower as a result of our dues forgiveness practice. The ACE Executive Board continues to be fiscally prudent in spending our money. The ability to control our money is a major benefit of being an independent organization. Our Dues Committee continues to develop a proposal to bring to the membership in response to how conditions have changed since the last time we reduced our dues rate in 2016.

From: “ACE Update 04.08.19” (LINK):

  • ACE was incorporated in 2009 and the dues were set at 1.05% of base pay.
    • Under SEIU, dues were set at 1.5% of base pay.;
  • In 2016, ACE permanently reduced dues to 0.95% of base monthly salary.
  • Over the past five years, on average, ACE has been able to forgive dues twice a year.  This occurs when budgeted costs for classification and legal issues aren’t spent, usually the result of our legal representatives resolving issues before any costs are incurred.

It’s worth clicking on the link above to read the full “A Decade of Independence” article by Chris White.

(Fun fact, past update messages are searchable on our website.)

Board of Trustees Measure G Study Session
The FHDA CCD Board of Trustees is soliciting questions to be answered during an upcoming study session on Measure G. They can be submitted directly to aprilstudysession@fhda.edu and/or to scott.olsen@acefhda.org. I’ll attend in person to make sure your question is asked/answered. Meeting details:

Board Retreat / Study Session
Date: April 11th
Time: 9am – Noon
Location: District Office Building (D700), Board Room (101)

Related projects include De Anza Creative Arts, Services for Students Building, District employee/student housing, and more: https://bonds.fhda.edu/measure-g-project-list/

Thank you to @Christian Bonner, @Andre Meggerson, @Chia Wen, and @Alyssa Vanzandt for speaking at recent Board of Trustee’s meetings. The current plan for De Anza Creative Arts that is being circulated is being presented without revisions to collect consistent feedback. Workspace safety and logistical design concerns will be addressed in future design proposals.

Connect with your Classified Senate Officers for issues that relate to participatory governance: Foothill (LINK), De Anza (LINK) , Central Services (LINK)

California Public Records Act (CPRA) Requests & Network Privacy
Recently the district received a request that required over 200 employees to respond to a public records act request. This is an important reminder that there is no expectation of privacy when communicating via district provided technology services and devices (email/text/chat/cell phone/computer/etc.) and if you use your personal device to conduct workplace business, it would subject to disclosure as part of a public records act request.

Our attorney, Bradley Booth, has written up a document that is attached to this message which provides more detail on the CPRA. This will be the topic during upcoming ACE site meetings, attend if you have questions.

Union-related communication on the District email server is also accessible by the District. To maintain your privacy ACE is currently transitioning to email addresses off the District’s network. Executive Board Members, Negotiators, and Stewards will all have firstname.lastname@acefhda.org email addresses that you can send messages to from your personal email addresses.

(and this message is akin to a bulletin-board message per Agreement section 5.1.2 if you’re wondering why it is originating from a @fhda.edu address.)

District COVID-19 Vaccine Policy
At the last Chancellor’s Advisory Council meeting and the Board of Trustees meeting there was a first read of a proposal to rescind the District vaccination policy (LINK). The majority of neighboring community college districts have dropped their vaccine mandates and California recently ended it’s COVID-19 State of Emergency (LINK). Most likely Foothill – De Anza will officially rescind the vaccination policy beginning spring quarter.

Upcoming Events
March 22nd – Webinar: Might Gay Unions! Queer and Trans Labor Histories and Futures (LINK)
April 8th – Oakland: Bay Area Troublemakers School (LINK)

In Solidarity, 

Scott Olsen (he/him) | ACE President
https://acefhda.org | scott.olsen@acefhda.org
650-949-7789 | M-F 8:00am-5:00pm

Summer Work Schedule 2022

ACE Membership,

Summer work hours for ACE employees officially begin the week of July 4th and go through August 26th. Your supervisor can’t ask you to delay it a week or two.

For the July 4th holiday ACE employees will be paid for the number of hours they would have worked (4-10-40, ten hours; 9-80, nine hours; 5-8-40, eight hours; etc.). All other bargaining units receive up to eight hours holiday pay and if they’re on an alternate schedule (i.e. 4-10-40), they must make up the additional two hours.

Article 13.5 – Summer Work Schedule

13.5.1 – Workers assigned to programs and departments where scheduling allows mandated four-day work schedule will be offered a four-day work schedule during the summer for the period beginning the first full week in July and ending the Friday before the Labor Day holiday. Under the summer schedule, the normal workday shall consist of ten hours starting and ending at times appropriate to the needs of the department and agreed upon by the worker and his/her supervisor.

13.5.2 – Workers who work fewer than 10 hours per day during the four-day summer work week shall select one of the following options to cover time not worked:

  1. Use of earned vacation (see Section 10.1 regarding the circumstances under which certain amounts of sick leave can be converted to vacation).
  2. Use of earned compensatory time.
  3. Leave without pay.
  4. A revised work schedule and/or location to accommodate the employee if they feel they are unable to work a 10-hour per day four-day work schedule.

Who sets the schedule?

Employees will establish, with supervisor approval, a work schedule of four days of ten hours of work plus a half-hour meal break for each day (minimum 10.5 hours total). Meal breaks may be longer upon request, and with the approval of the supervisor. The standard 10.5 hours work schedule will occur between 7:00 a.m. and 6:00 p.m. to accommodate the meal break (7:00-5:30, 7:30-6:00, 7:15-5:45, etc.).

Can I stack my breaks to shorten the workday?

No. Employees may not stack break periods for later use or to combine with meal breaks and may not use breaks to account for late arrivals or early departures. It is a violation of labor law.

I am unable to work a 10-hour day may I set up an alternative schedule?

An employee, with supervisor approval may implement a modified schedule by requesting a different schedule or using accrued leave or leave without pay but cannot use Personal Necessity Leave.

What guidelines does a supervisor follow to determine if a request for an alternate schedule should be approved?

  1. Supervisors should work with employees regarding requests for alternate schedules to ensure which accommodate special considerations for childcare or other extenuating circumstances to find a solution that works for both the district and the employee.
  2. Supervisors must ensure adequate coverage and appropriate supervision for the official hours of operation. It is the supervisor’s responsibility to determine when an employee’s work schedule includes Friday that a level of supervision is adequately addressed.
  3. Supervisors and classified staff should be familiar with the provisions of the applicable bargaining unit agreements affecting employees on a 4-10 work schedule.

Bottom line?

If you are unable to work a 10-hour day and you do not have accrued leave and cannot take time off without pay, be flexible in your request, be clear on what work you will get done and be accountable with it. If you need assistance, please contact your chief steward.

Take Care,

Scott Olsen (he/him) | ACE President
https://acefhda.org | olsenscott@fhda.edu
650-949-7789 | M-F 8:00am-5:00pm

02.28.2022 ACE Update – Return to Campus; Paystubs

ACE Members,

Wages, working conditions, and benefits have been the main focus points during my first two months as president. Agreements and MOUs negotiated by ACE finally began to be paid out in February to a sum of $3.4 million dollars(!) I want to thank all of you for contributing to the process by filling out a Koff PDQ, the ACE board members and negotiators who made this happen, and the staff behind the scenes who’ve been working with on a monstrous spreadsheet. As the remaining calculations are completed by Human Resources hopefully the balance of us will receive what we’ve worked for in March.

At the February Board of Trustees meeting, I made a statement after hearing from a number of you about the effect this delay has had. Site meetings are the best place for you to raise concerns and hear the concerns of other members. The power of ACE is collectively in its members, I appreciate that you show up regularly to point the organization in the right direction.

Return to Campus

Q: Is it appropriate for me to be working alone in a public facing office?
A: I’ll raise the question in meetings I have with HR and administrators as it could become a safety concern. Currently there is no policy against it.

Q: Can you be required to return to campus?
A: Yes.  Work expectations and your options with the district are identified here. Depending on the exception, we may need to take these on a case-by-case basis, but ultimately, if you cannot work remotely and you are uncomfortable returning to campus you may be able use your paid leave (vacation or comp time) or unpaid leave to cover the time off. 

Q: I’d like to continue working remotely, don’t I have a say?
A: Your supervisor gets to decide but if you want to work remotely, have a conversation with your supervisor. Address concerns, show how you will continue to remain accountable, ask for a trial basis and go from there. We have had the option to work remotely in our agreement for well over a decade.

Q: Who will enforce the mask mandates?
A: Your supervisor.  If they are the one not following protocol and you are not comfortable reaching out to their immediate supervisor, contact ACE. We will make sure it gets addressed.

Wages

In your February paystubs you may see some unfamiliar line items:

  • Remote $: Remote Work Stipend
  • AdjOSSP: Off Salary Schedule Payment Adjustment (Retro)
  • CFYretro: Current Fiscal Year (Retro)
  • PFYbAdj: Previous Fiscal Year (Retro)

Q: Why do some line items appear twice?
A: The classification study salary agreement spans three fiscal years: 19-20, 20-21, and 21-22. PFY, PFY, and CFY.

Q: How can I check that the amount was calculated correctly?
A: ACE requested the spreadsheet HR and Payroll used to generate the amounts. I can send a copy of your section to verify the number of months you worked and pursue discrepancies. Email olsenscott@fhda.edu for more information.

Q: I didn’t receive my Classification Study retro in Feb, do you know how much I’ll receive in March?
A: Currently I only have data for those who were paid this month. HR is still finalizing the calculations before forwarding them on to Payroll. When I receive the next list of employees, I’ll send out a list of CWIDs like I did in my last update.

Q: Can you help me make decisions about my 403b or 457?
A: https://403bwise.org/ has two upcoming events:

Q: I retired/resigned, when will my wages arrive?
A: The current forecast is saying that it will be paid out March (most likely the last day of.) Physical checks will be sent out to your last known address. Update the district if you have moved.

Quick Info

If you’re new to CalPERS or haven’t created an account online, these two links may be helpful as a starting point:

Take Care,

Scott Olsen (he/him) | ACE President
https://acefhda.org | olsenscott@fhda.edu
(408) 864-8584 | M-F 8:00am-5:00pm