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ACE Negotiations Update 4.21.16: Tentative Agreement 2015-16

Written by ACE

Dear ACE members:

It’s hard to believe we started negotiating with the District back in September, but patience has paid off.  We have reached a tentative agreement with the District we believe is very beneficial to you, our members.

In a nutshell:

  • 3% COLA, retroactive to July 1, 2015.
  • 1% increase to step 7 on the salary schedule, retroactive to July 1, 2015.
  • .60% COLA beginning July 1, 2016.
  • No increase to employee health care contribution rates for the 2017 plan year.
  • One-time funding, by the District, of $800,000 to the post-97 retiree VEBA fund.
  • Article 10, Leaves, changes to language relating to sick leave due to new laws and clarification on jury duty and court appearances.
  • Article 11, Layoffs, language changes regarding reemployment rights.
  • Article 13, Hours and Overtime, language confirming that a work schedule other than 4-10’s during the summer work schedule is an option for employees.

A comprehensive review of the tentative agreement is at the end of this post.

Next step:

Attend a general membership meeting next week for complete details and get your questions answered. Lunch will be served.

Wednesday, April 27           Noon – 1 p.m.             Toyon Room (rm 2020), FH

Thursday, April 28              12:15 -1:15 p.m.             DA Admin 109, DA

For a video archive of this meeting, please visit the ACE YouTube Channel.

Voting:

Online voting to ratify these changes will open on Monday, May 2 at 8 a.m. and run through Thursday, May 5 at noon.  A separate email, with instructions on how to vote will be sent to you on Monday, May 2.  There will be no in-person voting.

This looks great, when will I see the money?

The retroactive COLA and the step increase (if applicable) will show up in your June 30th paycheck.

We look forward to seeing you next week at one of our general membership meetings.

With much appreciation from your negotiations team,
Chris Dubeau, Chair
David Gillett
Cathleen Monsell
Al Rufenelli
Phoung Tran
Chris White

Complete tentative agreement, red indicates language change.

Article 8 – Compensation

  • 3% COLA retroactive to July 1, 2015.1.98% more than the 1.02% State approved COLA for 2015-2016.
  • A 1% increase to step 7, going from 4% to 5% above step 6 and retroactive to July 1, 2015.
  • .60% COLA effective July 1, 2016.
    • The Governor’s preliminary budget beginning July 1, 2016 is offering a COLA of .47%.  In the event the State approved COLA for 2016-2017 is higher than .60%, the COLA will be equal to the state approved amount.

Article 10.1 – Sick Leave

  • Added language: “Sick leave may be used by an employee who is a victim of domestic violence, sexual assault, or stalking as described by California Labor Code sections 230© and 230.1(a).
  • Added language: “Each full-time worker shall be eligible for up to 30 days paid leave to bond with a new child.  The time off will be paid from the employees’ accrued sick leave.
  • Added language: “The minimum amount of sick leave that can be earned is 24 hours per year.

Article 10.2 – Jury Duty

  • Changed language: “The District cannot be responsible for the salary of its workers when they are a party on their own behalf. 
  • Added language: “ Swing and Grave Shift
    •  When an employee whose regular shift is grave receives a jury summons, he/she is to alert the appropriate administrator by providing a copy of the summons.
    • Using the date(s) provided on the summons, the administrator shall adjust the employee’s work schedule from grave to day shift.”

Article 10.3 – Sick Leave Donation

  • Added language:  “A worker may donate days of sick leave to individual District workers who, due to a serious health condition, have exhausted all accumulated sick leave. Donating workers must retain a minimum of sixty (60) day balance of sick leave after their donation. No worker may receive more than 40 days of donated leave per year.

Article 10.18 – Court Appearance

  • Leave for the purpose of court appearance shall be available as follows:
    • Workers who appear in court on behalf of the District shall be deemed in working status.
    • When a worker is required to appear as a witness in court, other than as a litigant, or to respond to an official order from another government jurisdiction for reason not brought about through the connivance or misconduct of the worker, a leave without loss of pay will be granted up to the amount of the difference between the unit worker’s regular earnings and any amount received for witness fees, less any mileage allowance.
    • Absence for other court situation should be handled through Personal Necessity Leave, however workers may elect to absent themselves under the authority of this section, but sustain salary deduction for such absence.

Article 11.09 – Reemployment Rights

  • Changed language: A permanent worker who has been laid off or has taken a voluntary demotion or reduction in hours in lieu of layoff shall have reemployment rights for a period of 39 months from the date of layoff, voluntary demotion, or reduction in hours.  A worker who takes a voluntary demotion in lieu of layoff shall be granted the same rights for reemployment in his/her former class as persons laid off but shall retain eligibility for reemployment in the former class for an additional twenty-four (24) months.  Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff shall be, at the option of the employee, returned to a position in their former class or to positions with increased assigned time by seniority as vacancies become available, and without limitation of time, but if there is a valid reemployment list they shall be ranked on that list in accordance with their proper seniority for 24 months. 

Article 11.10 – Right to Apply for Other Positions

  • Changed language: “In addition to the absolute right to any available position in the class from which he/she was laid off or in which he/she had formally achieved permanency and for which he/she is qualified by seniority, a worker who has been laid off may apply for any open positions in lateral or lower classes in which he/she has not served and shall be granted an interview for such a position if he/she meets the basic qualifications set forth in the official job description for the class.  Such laid-off worker shall be offered the job over an applicant who is not currently an employee of the District.”

Article 11.11 – Reemployment Rights in Other Positions

  • Changed language: “If a former classified worker who has been laid off is re-employed off a 39-month reemployment list in a position other than one in a class to which he/she has rights to reemployment under Section 11.9, he/she shall be re-employed in probationary status but shall regain hours in paid status for seniority purposes, earned sick leave, unused personal necessity leave, and former vacation status.  Salary placement in the class in which the worker has not previously served shall be at Step A, or, in appropriate cases as determined by the Director of Human Resources, Step B; however, the worker shall retain any Service Recognition Awards and Professional Growth Awards earned as a worker of the District.”

Article 11.13 – Worker Response

  • Added language: “A worker shall notify the District of his/her intent to accept or refuse reemployment within 10 days of the mailing of the reemployment notice.  If the worker accepts reemployment, he/she must report to work within 30 days following the mailing of the notice.  A worker sent a notice of reemployment need not accept reemployment in order to maintain reemployment rights provided the worker notifies the Director of Human Resources within ten (10) days.  If the District has not heard from the employee within then (10) days of receipt of offer, the District may fill the position with someone else.   However, if the worker fails to reply within 10 days or refuses three such offers of reemployment, he/she will be notified by the District that they will be removed from the reemployment list unless they notify the District in writing of his/her desire to be reactivated on the reemployment list.  Employee may indicate a desire to be removed from the list for a specific period of time during the 39-month period.  This does not extend the 39-month period. 

Article 13.5.2 – Summer Work Schedule

  • Added language: Workers who work fewer than 10 hours per day during the four-day summer workweek 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 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 in order to accommodate the employee if they feel they are unable to work a 10 hour per day four-day summer work schedule.

Article 18 – Benefits

  • The District agrees to increase their per employee per month (PEPM) contribution by $35.00 from $976 to $1011.
  • There will be NO increase to employee contribution rates for the 2017 plan year.
  • The Benefits Rate Stabilization Fund (RSF) shall supplement projected total cost of the health insurance benefits participation for the 2017 plan year subject to a maximum 9.00%
    • In the event overall premium costs increase by more than 9%, the JLMBC shall immediately resume negotiations to reach agreement on how to cover the excess costs.
  • VEBA – In the Joint Labor-Management Benefits Committee (JLMBC) which bargains for health benefits, the Unions wanted to increase the value of the VEBA trust (set up to pay post retirement Medicare payments for those employees not entitled to lifetime health benefits).  In order to receive this money, the District required it to be passed through its employees because they are adamant in their refusal to directly fund any retirement benefits.  How does this work?
    • A one-time allocation of funds in the amount of $800,000, paid by the District using one-time monies, shall be paid as a benefit allowance to all regular and contract employees during the 2017 plan year.
    • You will see a pass-through of this health benefits payment after June 30, 2016 and it will be a one-time allocation. You will be notified before it passes through your paycheck.
  • This will have no tax consequences to anyone, as the salary increase equals the increase in health benefits and will go directly into the VEBA account. Health benefit payments are not subject to taxes as they are paid with pre-tax dollars.  The District has advised that if you have questions or concerns feel free to contact Human Resources.
  • Can we just take the health benefits payment and not have it go towards the VEBA?  No.  These funds are specific to funding the VEBA.
Negotiations

ACE Negotiations Update 4.12.16

Written by ACE

Members,

In the last ACE newsletter, we mentioned that ACE asked for a 6% COLA from the District and an additional 1% be added to the salary schedule for step 7. The District responded with a 2% COLA and agreed to an additional 1% to step 7.

Since then, we have reached a tentative agreement on health benefits where there will be no increase to health care premiums for the 2016-2017 year and some additional language regarding layoffs. Our negotiations have been stalled regarding the COLA as the District wanted to finalize with FA before agreeing to any other economic terms from ACE. Yesterday, Monday, April 11th at 4 p.m., the District and FA verbally agreed to a 3% COLA.

We are meeting with the District on April 20th with the intention of wrapping up our negotiations.

Sincerely,

Christopher M Dubeau
Chair of Negotiations, ACE

Negotiations

ACE Update 03.02.16 – What’s Next, Negotiations, Post-97 VEBA

Written by ACE

President’s Update

ChrisWhiteAs I have adjusted to my new role as ACE President, I am reminded how incredibly fortunate I am to work at Foothill-De Anza. ACE leadership, past and present, have negotiated a strong contract with great benefits and established a fiscally stable, independent business which allows myself and the ACE Executive Board to focus on representing the interests of our members.  In working with members, I am shown daily that the classified professionals of FHDA are smart, resourceful, hard working and dedicated to student success, even under challenging circumstances.

What is on the horizon for ACE?

  • Finalize 2015-2016 negotiations;
  • Initiating a job classification study (negotiated in 2014-2015) to ensure job duties and pay scale are appropriate to the classification;
  • Get to know ACE and your contract:
    • The ACE Report, an electronic, monthly newsletter;
    • Topical presentations at monthly site meetings (this month we’re covering employee evaluations);
    • Open office hours for the ACE President at both campuses; and
  • Collaborate with classified senates to provide relevant professional development for classified staff.

What ACE needs from you?

  • Input.  What works? What doesn’t?  What is important to you?  What is not?

As I continue to learn and grow in this job one thing will remain constant, my door is always open.  Please contact me with any comments, questions or concerns.

Negotiations Update

By Chris Dubeau, Chair of Negotiations

ChrisDubeauCOLA and ACE Contract
For 2015-2016, ACE presented the District with a proposal which included a 6% COLA, additional increases to longevity awards, and language changes to reemployment rights and layoffs (based on a court decision out of Southern California). With large one-time fund balances, increases to ongoing funding, and the District’s stated desire to increase the salary scale to help offset the high cost of living, your ACE negotiations team felt the economic package requested from the District was appropriate. The district proposed some changes regarding leaves, hours, and overtime, based on new/updated laws. Our economic proposal will not be resolved until after we settle negotiations on health benefits.

Health Benefits
In December at the Joint Labor Management Benefits Committee (JMLBC) meeting, ACE, CSEA, FA, POA and the Teamsters jointly submitted a proposal that included an increase to the district’s Per Employee Per Month (PEPM) contribution for health care costs, which hasn’t increased since 2007. Our proposal also included a request to use one-time monies to fund the Post 97 VEBA. The District’s initial counter-proposal was disappointing.

With a two-year delay of the 40 percent excise tax on high-cost employer-sponsored health plans, now tax deductible for employers and slated for 2020, and a one-year delay on the ACA Health Insurance Tax for CALPERS, decreasing CALPERS cost for 2017 between 3.5% to 4% depending on each client (in our case it is the District), even with universal rising health care costs, the burden to the District isn’t as dire as they would like us to believe. ACE and the other bargaining units remain steadfast in our commitment to no increases in employee health care premiums for the 2017 plan year and the use of one-time funds for the VEBA.  We are close to an agreement.

ChristineMangiameliPost-1997 Medical Benefits Fund

By Christine Mangiameli
ACE Foothill Board Member, VEBA Board Trustee

What is the VEBA?
You’ve probably heard a colleague refer to them as pre-1997 or post-1997, but what does that mean? In short, it refers to an employee’s eligibility to receive medical benefits from the District upon retirement. Employees hired prior to July 1, 1997, receive lifetime medical benefits; employees hired after July 1, 1997, do not.

The disparity between employee retirement benefits reached a tipping point for post-1997 employees in 2010 with rising health care costs and the District steadfast in their refusal to address the disparity in benefits.  In response, the collective bargaining units- ACE, CSEA, FA, POA, Teamsters, and later Administrators- began the process of establishing a fund called the Voluntary Employees Beneficiary Association (VEBA) to help offset medical benefits costs for post-1997 retirees.

How is the VEBA funded?

In 2010, ACE and FA agreed to set aside $250,000 each as part of a salary negotiation with the District to help fund the VEBA.  The District matched those contributions, setting up the VEBA with an initial $1 million in funding.  Ongoing funding is provided by all district employees in the form of $2 (employee), $4 (employee +1) or $6 (employee +family) and is included in their monthly health care contribution rate.

Who is eligible for the VEBA?

Eligibility is based on three factors for anyone hired on or after July 1, 1997:

  1. You worked at least, half-time as a regular employee and were eligible to enroll in the District’s active health coverage for 15 years or more prior to your retirement; and,
  2. You separated from employment as a regular employee in any position for which you were eligible to enroll in District active health coverage, regardless of whether or not you have retired (service or disability) from PERS or STRS; and,
  3. You are Medicare eligible and have enrolled in and begun receiving Medicare coverage, and have paid a premium for Medicare coverage.

What is happening today with the VEBA?
The VEBA joint Board of Trustees is finalizing the trust with payments to eligible retirees slated to begin in early 2017.  The current payout rate is estimated to be a slightly less than $100 a month, and at the going contribution rate, the fund would be depleted in 20 years.

To help stabilize the VEBA fund, as part of this year’s joint negotiations on health care, we have asked the District to provide additional funding to the VEBA using one-time funds, of which the District has nearly $40 million and cannot be used towards ongoing expenses, like COLAs. Their response has not been favorable

Benefits of a Union

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

A strong union comes from the commitment and participation of its members. It takes active participation and commitment from all the members of a union to effectively protect and serve the membership as a whole. The most obvious benefit of a union is having an organization that is always there to represent and protect you and provide you with greater job security. The second is having greater bargaining power around health benefits and salary because of your concerted group effort to obtain the greatest possible result. The following are important benefits in joining a union and having a union contract:

Job Security
When there are layoffs on campus, there are greater protections for you because of your union. Members’ interests are protected by the union to ensure proper procedures are followed and rights are protected.

Grievance Procedures
Anyone can file a grievance, but as a union member, you have the expertise of the union behind every meritorious issue and contract violation.  ACE provides access to a labor attorney who is always available for consultation and guidance. ACE also has Chief Stewards and Stewards on both campuses to ensure the contract is followed and to assist members in filing grievances when it is not.

Binding Arbitration
The ACE contract provides for binding arbitration for all contract disputes. This means that if the issue isn’t resolved at the District level, an independent arbitrator will render a decision that will bind both the District and ACE.

Progressive Steps of Discipline
Although the Education Code provides certain protections when there is a disciplinary action, without union representation and expertise the District would provide the absolute minimum.  However, in the union setting, the progressive steps of discipline must be followed.

Representation for Disciplinary Actions
Another important benefit of joining a labor union is the representation you receive from the union when you are facing discipline. When any disciplinary action is taken against a member they receive representation from the attorney, Bradley G. Booth, or his labor representative, Anthony Booth. Your union dues pay for this legal representation and it is provided at the discretion of the Executive Board. Members are represented throughout the steps of their disciplinary action.

Bargaining Power
When you join together as a group and form a union to act with one voice you force the employer to bargain with the group as a whole for important items such as health insurance and salary increases. In many job scenarios, an employer can unilaterally decide how much they will contribute to their employee’s health insurance plans. However, in a union setting, there is a joint labor-management group consisting of all unions and management that makes these decisions to assure that all members are treated fairly and given the best possible resolution.

Your union is here to protect you in every way possible. However, it takes the entire membership to make this work. Your union reps cannot be everywhere, all the time. Therefore, ACE must rely on its members to bring issues forward. If your union representatives do not know about an issue, then they cannot do what what is needed to protect the membership. Every member should know who their campus Chief Steward and Stewards are and should come forward when a contract violation occurs, or even if there is a question about a possible violation. We are here to help and can be reached at 650.949.7789 or ace2@fhda.edu.

It is crucial that we have as many members as possible because the greater our numbers, the greater impact we can have to effect change. Service-fee payers are given the benefit of the contract, but they cannot participate in representing their union members and they cannot vote to ratify the contract or to elect officers. Without participation in these crucial aspects of a union, it makes it difficult for our organization thrive. We need everyone to act as one body for the betterment of all its members.

If we all work together we can accomplish so much.

 

 

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