ACE News

President’s Message

Happy New Year!

I hope you were able to enjoy some time off during the winter break to do things you like with people you love. I most certainly did.

Challenges and opportunities come with every new year, and for ACE and FHDA, 2017 is no different.

Challenge:

• FHDA’s continued decline in enrollment and budget deficit. The district has been clear that we are fine through the 2017/18 year, but if these trends don’t reverse themselves changes may need to be made. ACE will be monitoring district, state and federal funding and policy decisions for changes which could impact ACE members.

Opportunities:

• Budget concerns. We can all help the district during this enrollment decline by simply taking a class. Learn something new and have it counts towards your Professional Growth Award (PGA), which puts money in your pocket.
• Classification study. An efficient and effective organization needs logically constructed job families that link and build positions upon each other, and in some cases, demonstrate career ladders within particular kinds of work. More on this below.
• Professional Development. Partnering with the staff development office at De Anza, ACE will be offering workshops on both campuses covering PGA’s, retirement and other negotiated benefits. Watch your email for more information.
• Negotiations. Always a give and take but as we wait for the Governor’s initial budget at the end of January, and keeping the district’s budget challenges in mind, ACE will be drafting our proposals to the district and asking for your input along the way.
• Get involved. The classification study and negotiations will only be successful with your participation. Please take the time to fill out surveys, attend meetings, get to know your chief steward and ACE elected members, and most importantly, ask questions.

Looking forward to working together to make 2017 the best it can be.

Of Service,

Chris White, ACE President
(650) 949-7789, office

New Chair of Negotiations, Cathleen Monsell

Effective January 5, 2017, Cathleen Monsell, division assistant in the PSME department at De Anza, will serve as Chair of Negotiations for the remainder of our Agreement, which is set to expire October 31, 2017. She has served on the negotiations team for the past two years and has a firm understanding of the issues facing ACE and FHDA. We are grateful for her service and willingness to step into this critical role.

Classification Study Update

The contract with Koff & Associates, consultants for the classification study, was approved at the November 2016 FHDA Board of Trustees meeting.  We have tentatively scheduled ACE member orientation meetings for Tues. Jan. 24 at De Anza and Wed., Jan. 25 at Foothill. Several sessions will be provided throughout these days to give you ample opportunity to attend. One session will be live-streamed and archived on our YouTube channel for those who can’t attend. You will receive a formal invitation to these meetings as soon we as secure the dates from the consultant. Look for it in your email.

As a reminder, the goal of this study is to align job descriptions with the current roles and responsibilities of classified employees, develop career ladders where appropriate, and conduct a market analysis of compensation in similar or like jobs in other districts.

As part of our negotiated agreement, Koff and Associates will work in collaboration with the Joint Labor Management Classification Committee (JLMCC) to implement this study.  The JLMCC includes:

ACE
Bradley Booth, ACE Attorney
Chris White, ACE President
Cathleen Monsell, ACE Chair of Negotiations
Anthony Booth, Labor Consultant (non-voting)
Shawna Santiago, ACE Recorder (non-voting)

Management
Marietta Harris, Director of Human Resources
Kevin Harral, Director of Financial Aid, FH
Lisa Mandy, Director of Financial Aid, DA
Myisha Washington, Manager, Compensation, Classification, and Employment Services (non-voting)

ACE Needs Your Voice
Two negotiators are needed to represent De Anza and Central Services.

Negotiating our collective agreement is the single most critical responsibility we have as a union and we can’t do it without you.  If you are creative, patient, fair, respectful, and willing to put the interests of ACE members above your own, you have the skills to be a negotiator.

The Details:

• $100 a month paid stipend during active negotiations.
• You must be a permanent, full-dues-paying member.
• The time commitment is typically less than 2 hours every few weeks during active negotiations.
• Release time is available and we will work with you and your supervisor to get this arranged.

Our strength at the bargaining table comes from a diverse representation of our membership.  Please consider adding your voice.

Contact Chris White, ACE President, for more information.

New Parental Leave Law

By Bradley Booth, Attorney
Law Offices of Bradley G. Booth

The Short Version

Effective January 1, 2017, Assembly Bill 2393 provides 12 weeks of paid parental leave for the birth, adoption or foster care of a child by an employee.  Accumulated sick leave must first be used to cover the leave. In the absence of accrued sick leave, the employee will be compensated under extended sick leave–Article 10.2 of the ACE Agreement–an amount that equals 66 2/3 percent of the worker’s basic monthly earnings.

The Long Version

Effective January 1, 2017, Assembly Bill 2393 provides for 12 weeks of parental leave for classified employees at community colleges. Parental leave is defined as the birth of a child of the employee, or the placement of a child with the employee in connection with the adoption or foster care of the child by the employee.

Parental Leave  

The parental leave will be full-paid leave as long as an employee has sick leave on the books. If the employee does not, then they would receive differential pay or extended sick leave, if eligible. The employee may use up to 12 weeks of accumulated sick leave to cover the leave so the employee may be paid for the entire period they are on parental leave. Any other use of any sick leave during the parental leave will be deducted from the 12 weeks. Therefore, if an employee has 20 weeks of accumulated sick leave upon the birth (adoption or foster care) of a child they may use 12 weeks of the 20 for parental leave, regardless of employee’s gender (in other words this isn’t exclusively for the mother but the father may also use parental leave). If, however, the employee used sick leave for being “sick” during the parental leave that time will be deducted from the parental leave.

If you only have 6 weeks (or any amount less than 12 weeks) of accumulated sick leave at the beginning of your parental leave, you will receive full pay for the accumulated six weeks. Once your accumulated sick leave runs out, you will receive differential pay in the amount outlined below.

Extended Sick Leave – 10.2 ACE Agreement
Each classified worker shall be entitled to extended sick leave for illness or injury at the end of all full-pay sick leave or at the end of 10 consecutive working days, whichever is later, and continuing for up to 130 working days from the first day of absence because of illness or injury. Extended sick leave shall be granted in increments of not less than one full day for each working day of absence due to illness or injury.

A classified worker on extended sick leave shall be entitled to extended-sick-leave pay as follows:

• 10.2.1  For a full month’s absence, an amount that equals 66 2/3 percent of the worker’s “basic monthly earnings” on the date he/she was first absent, to a maximum payment of $6000 per month. “Basic monthly earnings” means 1/12th of the worker’s annual contract salary.
• 10.2.2 For less than a full month’s absence, an amount that equals an appropriate fraction of the extended sick leave pay calculated under 10.2.1. The fraction shall be determined by dividing the number of days of absence during the partial month by 20.

Does Not Impact Collective Bargaining Contract

AB 2393 also states that nothing in the law shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement that provides greater parental leave rights to employees than the rights established under this statute.

President’s Message

In the past month, ACE has held officer elections, selected a consultant for our classification study and opened negotiations with the District (more on these below), but what stands out the most to me is the increased level of participation from you, our members, at meetings and online through feedback and voting on the work ACE has done on your behalf. Thank you.

With the exception of my position, ACE is a volunteer run organization and the elected officers serve in addition to their full-time FHDA job.   We serve with the belief that collectively we are stronger together on issues affecting our pay, our benefits, and our working conditions. Throughout the years this has meant COLA’s typically 1% or greater than what the State has offered, comprehensive and affordable health benefits in spite of rising costs, Professional Growth Awards adding to your earning potential, Staff Development Leaves at 85% of your pay, funds to cover travel and conference, educational assistance and more.  Often these benefits are born out of ideas and issues at a specific point in time, morphing and changing as budgets and circumstances allow, but our guiding principle has always been to act in the best interest of our members, even if at times our actions feel antiquated or unfair. It is my hope that you keep this in mind as we move forward.

As we begin this classification study, now more than ever, your participation is crucial in developing a classification system that works for all ACE members.  With this new study, our goal is to develop a clear, equitable, consistent and competitive classification and compensation structure that appeals to and fosters retention of qualified classified staff professionals while providing opportunities for growth and development throughout the district.  Consistent and ongoing communication will be essential during this study, and we will do our best to keep you informed, but we need you to read, ask questions, attend meetings, and ultimately, vote if we are going to be successful.

Of Service,

Chris White, ACE President
(650) 949-7789, office

Classification Study Consultant Selected

 By Chris White, President

After many hours of negotiations, interviewing and checking references, Koff & Associates have been selected to work with us on a classification study.   The contract begins Jan. 1, 2017 and runs through Dec. 31, 2017.   Barring delays, the study is expected to take between 6-9 months to complete.

After speaking with several labor representatives at other community colleges who were a part of classification studies administered by Koff & Associates, ACE, by way of the Joint Labor Management Classification Committee (JLMCC), selected this agency and is confident that they are the best consultant for our study.  The factors that informed this selection include:

1. They prioritize a collaborative process with HR and the Union throughout the entire process;
2. Their job descriptions were more detailed and more concise, making it easier to identify career ladders and when a classified staff employee is working out of class; and
3. They have a strong background working with colleges of similar size in the public sector and higher education.

As part of an MOU that ACE signed with the District on Oct. 13, 2016, we agreed:

1. At this time, the District will fund the full cost of the study. If additional funds are needed beyond the contracted agreement with Koff, we will renegotiate possible use of ACE funds that were approved by ACE members in September 2016;
2. ACE and the District have joint authority over the study and implementation through the JLMCC;
3. Regardless of the outcome, no District employee will have his or her salary reduced; and
4. Effective Oct. 21, 2016, reclassifications currently under review will be completed but no new reclassifications will be allowed. Why?  Because ACE and HR require staff time and resources to prepare for the studies launch. Additionally, there isn’t enough time in the reclassification process, which includes appeals, to get a new one completed before the study is scheduled to begin.

Why are we conducting this study? The last time FHDA conducted a classification study was nearly 20 years ago.  As you can imagine, the roles and responsibilities of employees, required skill sets, and working conditions and environments have radically changed, thanks in part to technological and organizational advances since that last study in 1998.

What is the purpose of the study? The goal is to align job descriptions with the current roles and responsibilities of classified employees, develop career ladders where appropriate, and conduct a market analysis of compensation in similar or like jobs in other districts.

Our members have the final say. It is important for Koff & Associates, the District, and ACE to work collaboratively on this study. If our members do not approve of the final recommendations, they will not be implemented.

New ACE Officers
Congratulations to your newly elected ACE Officers, who serve in addition to their 40-hour a week FHDA jobs. Their term runs Jan. 1, 2017 – Dec. 31, 2018.

Treasurer:                               Annette Perez
CS Chief Steward:                  Irma Rodarte
CS Board Member:                 Scott Olsen
DA Chief Steward:                  Paula Joseph
DA Board Member, Seat 2:    Selda Sigala-Aguilar
FH Vice President:                  Denise Perez

Negotiations Update

By Chris Dubeau, Chair of Negotiations

For 2016-2017, pursuant to Article 20.5 of the ACE Agreement, ACE opened the following:

• Article 8: Pay and Allowances
• Article 9: Holidays and Vacation
• Article 14: Worker Expenses and Materials
• Article 18: Benefits

We are still waiting to see which two articles, if any, the District would like to open.

With the COLA already negotiated, under Article 8 we also hope to address some of the inequity in earning potential for ACE members our current Professional Growth Award (PGA) system has developed over the years.

Under Article 9, where two-thirds of our members agreed in our negotiations survey, we would like to move the Cesar Chavez holiday, currently observed in early September, to a date closer to the actual holiday on March 31. We would also like to address the number of holiday hours members are credited if they are required to work a 40-hour a week schedule other than the standard five-day, 8-hours a day workweek.

Under Article 14, ACE is looking to increase the amount that members can receive for educational reimbursement as well as travel and conference.  Currently, these amounts are set at $1000 and $1500 annually.

With no increase to employee health benefit contribution rates for the 2017 plan year already negotiated, under Article 18, ACE is reviewing opportunities to address the benefit amount of the Bridge to Medicare Program.  Currently, set at a reimbursement rate of 2.8% (5.6% for employee +1) on the salary schedule for our bargaining unit, the payout rate for administrators is nearly double that which ACE members would receive even though we all pay the same rates for our health care benefits.

The biggest question mark for most of these items is the budget for FHDA as well as the State’s.  FHDA estimates a $6 million deficit for this year due to declining enrollment. The state budget looks relatively stable but has the potential to be bolstered with the passing of Prop 55. We will have a better idea on what, if any, additional funding the State will offer in the governor’s initial budget proposal in late January.  Until then, we wait.

Overtime vs. Comp Time

By Anthony Booth, Labor Consultant
Law Office of Bradley G. Booth

Quick history review: In 1938, the Fair Labor Standards Act (FLSA) became law. It established the 40-hour work week by mandating that for any hours worked past 40, employers are legally required to pay time-and-a-half to employees who work these hours. The law further requires that employees are to receive their overtime pay in their next pay period. The goal of time-and-a-half pay is to give employers a financial incentive to hire more workers when they have more work and to ensure employees were given extra compensation for those hours worked beyond 40 in a week. California has also stated that any hours worked over 8 hours a day is compensable overtime at time and a half, except when you work an authorize alternative work schedule, then it’s those hours beyond your regular schedule.

The California Education Code authorizes compensatory time off for classified workers at community colleges. (See section 88027) It further states that when compensatory time off is authorized in lieu of cash such time off shall be granted within 12 calendar months following the month in which the overtime was worked. (Section 88028). These laws have been included in the ACE Agreement.

Article 13.2 of the ACE Agreement discusses overtime and comp time requirements including what determines overtime and payout rates.  Beyond those, it is important to note:

• Any overtime, whether you get paid or take comp time, must be approved, preferably in writing, by your supervisor prior to the hours being worked;
• The choice to receive pay or comp time is strictly up to the employee. You may choose, but cannot be forced to take comp time in place of overtime pay.  Comp time makes overtime work cheaper for the employer, so they will be more likely to schedule it, because the additional work gets done and takes away the primary incentive to hire more people; and
• Comp time must be used within 12-calendar months following the month in which it was reported on the time report.  If it is not used within this period the worker will be paid for the comp hours accrued at the overtime rate that was effective for the worker when the overtime was worked

Any employee who has worked more than 8 hours in a day, unless on an alternative work schedule, or more than 40 hours in a week and their supervisor knows or should know they did the work, and hasn’t been paid for the overtime, should keep track of the hours worked and contact a Union representative.