ACE Members,

President’s Message
During Classified Professional Development Day, which kicked off this week of appreciation events, a question during the opening session asked about what the best part of working for the district was. Many respondents including myself agreed that it’s our colleagues. I’ve said before that what gave me confidence to serve as ACE president is the people that I would be advocating for. As a Client Systems Specialist, I’ve been in enough offices at both campuses, the district office, Sunnyvale, HOPE sites, to know that you are all dedicated to supporting each other in service of the overall mission of serving students. Thank you for your contribution – soak up the praise – we as ACE will negotiate for our raise ✊

Wage Theft / Timely Payment of Wages
After review and consultation, ACE is beginning to assist members in filing complaints with the Labor Commissioner’s Office that fit the definition of wage theft (LINK). “Not receiving agreed upon wages” is one of their examples. Many of us have experienced significant delays(multiple months) in being paid appropriately following the discovery of an inaccuracy or a new agreement for a salary adjustment.

This would be a violation of labor code 210 (LINK) and penalties would be payable to the employee:

  1. For any initial violation, one hundred dollars ($100) for each failure to pay each employee.
  2. For each subsequent violation, or any willful or intentional violation, two hundred dollars ($200) for each failure to pay each employee, plus 25 percent of the amount unlawfully withheld.

Contact @Scott Olsen for more information on how to file a claim. We can connect you with our attorneys to determine if your specific situation falls within the scope of the Labor Commissioner’s Office. You can also contact them directly for information:

Labor Commissioner’s Office (San Jose)
100 Paseo de San Antonio,
Room 120
San Jose, CA 95113
(408) 277-1266

Open Monday to Friday:
9:00 AM – 12:30 PM
1:30 PM – 5:00 PM

We are anxious to receive a determination on initial claims that have been submitted so far. Members stepping forward to call out the long held practice of “we’ll pay you when it’s convenient for us” is necessary to set a higher standard for what we expect as employees of the district.

New Chancellor
The Board of Trustees announced their choice for the person they found to be the best fit to fill the chancellor position – press release available online (LINK.) Honest communication goes a long way toward establishing a relationship, but it is really actions in their new role going forward that they will be measured by. How does this person value the contributions classified professionals? Respond to working with labor unions? Create an equitable environment for employees? Listen to what they say. Look closely for evidence that supports their claims.

Onboarding by ACE members and an introduction to the supportive culture at the district can help set a tone for how we operate. Undoubtably there will opportunities to interact at events to be announced, such as district opening day, to bring this new chancellor into the fold.

Upcoming Additional CalPERS Employee Contribution for 2.5% Salary Increase Now Being Pensionable (Reminder)
CalPERS members hired after 2013, or PEPRA (Post-Employee Pension Reform Act) members, will see an additional deduction on their May paychecks to pay for the employee contribution for making a “temporary” salary adjustment pensionable. The average deduction is $190 (median $205). Contact @Scott Olsen for the exact amount or this would create a financial hardship.

This additional deduction is a result of winning our lawsuit against CalPERS, which determined that the OSSP-np line item (off salary schedule payment-non pensionable) was actually pensionable for all of our members. Not only does this affect the past salary schedule increase, it will be precedent setting in the event we negotiate for future one-time salary increases and both PEPRA and Classic members will be treated equally.

Update Rewind
If you didn’t see the previous update (LINK), it includes a significant negotiations update regarding the governor’s May revise of the 2023-2024 state budget (COLA) and items we are expecting to start negotiating which will appear on the June 12th Board of Trustees agenda, such as vacation, remote work, a change in the probationary period (12 mo. ➡️ 6 mo.) , layoff procedure, and discipline procedure.

Translation Services
If at anytime there is a need for union information to be translated or a translator to be present during a meeting, contact @Scott Olsen. Our attorneys have experience contracting with outside groups or we are able to call for translators from amongst our members.

In Solidarity,

Scott Olsen (he/him) | ACE President | 
650-949-7789 | M-F 8:00am-5:00pm