Author: ACE

  • 2025.09.26 Update – Warm & Fuzzy Re-Opening, Employee Housing, Outside Officials, Employee Parking, Faculty Travel

    ACE Members,

    Re-Opening & Re-Introduction
    It’s been a week. We’re back. Some of us never left. Some of us are new. We’re ready.

    Seeing many of colleagues on District Opening Day and during College Opening day events was great. Engaging with members is what informs the content of these messages and what ACE responds to – always reach out to a union representative asap. We’re available via call/text/email/in-person/zoom. If someone is temporarily unavailable, reach out to a steward or representative at another worksite.

    Note: My snake mug will stay home in the future due to feedback, but it served its purpose as a talking point.

    Please take the time to read two previous messages about “Weingarten Rights” and “Hours and Overtime” that were sent recently. Many opening day conversations included a theme that the district excels because we go above and beyond without compensation – performing “invisible work”. Working in education is a challenge because it is “care work” – “how could you not work outside your schedule if it impacts students?” – but unreported overtime doesn’t document the need that exists for our services or establish evidence that leads to proper staffing.

    The Warm & Fuzzy President’s Message
    Union work does not mean I dislike the workplace or the work we do. Education can be beneficially transformative in day-to-day life and positively impact a lifetime. At some point all of us received training related to our roles at the District and we continue to learn, grow, and advance those skills. Similarly, we provide the infrastructure for students to advance their understanding and reach their goals. It’s feel-good work we should all feel proud of.

    When I began in 2007 at Foothill College, the layout reminded me of Disneyland. To this day each department/region/realm has its own vibe. There are certainly characters, rollercoasters, dark rides, and snacks. The landscape at both campuses is expansive and worth exploring – on good days it can be a lot of fun. ACE work upholds and advances those working conditions through enforcing the Agreement and organizing us all as employees. Set aside some time to meet with a colleague/character this quarter to raise a coffee or tea cup to the days we feel proud and respected.

    Employee Housing
    The Board of Trustees is moving to acquire 50 units intended for employees at a property located at 699 N Shoreline Blvd, Mountain View, CA 94043.

    Final eligibility criteria are still being developed in consultation with the bargaining units to make the housing accessible and directed toward those in the most need.

    Officials from Outside Agencies
    Per the Chancellors most recent message (LINK), direct any federal officials to the campus President’s Office or the Chancellor’s Office. If they refuse, you are not required to do any more than inform them of the location of those two offices.

    Employee Parking Enforcement
    Temporary hanger-style paper permits are available for Fall 2025 at either the Foothill or De Anza Police Department offices.

    • Staff Only lot enforcement begins on November 1st – so there is no urgency to obtain your permit until then.

    Prior to getting a permit, check your campus ID’s expiration. College PD may send you to either the Office of College Life or Welcome Center to get an updated employee ID before issuing a permit.

    Note: “Don’t you know who I am?” doesn’t work.

    Duties Change – Faculty Travel & Conference Reimbursement
    Much of my time yesterday was spent disputing hearsay regarding faculty travel & conference reimbursement duties being reassigned to Division Administrative Assistants at De Anza. Here are my official statements:

    • Scott’s Official Statement: “I pushed back with Sam and Lydia that the idea of involving Division Admins in the reimbursement process was dumb, but had to admit in talks with Dianna(HR) that nothing in the CBA prevents management from assigning dumb things.”
    • Scott’s Official Statement: “ACE is not the mouthpiece for management. At no point was I given the task of telling administrative assistants their assigned duties. I represent an independent employee organization.”
    • Scott’s Official Statement: “It is not a District-wide decision/policy.”

    The messaging surrounding this was brought to the attending of Omar (DA President) and Ram (DA VPoI). Expect something more accurate to come out from management in writing along with training that defines the role. During the meeting I made them aware the favorability rating for this change was 0%.

    Management’s right of assignment enables them to redistribute work however they please. If the work does not reside in the current classification and exists only in a higher classification, we can seek a working out of classification or a permanent reclassification. While employees cannot refuse the work, we can collect feedback and organize. Likely this is going to result in a workload volume issue where there is already a large demand, so be sure to document overtime hours. In addition, I’ve been speaking to Deans about providing feedback about the experience. It may lead to more departmental conflict, as Division Admins have no control over the reimbursement process. It may also lead to lesser availability to address department needs.

    *Sigh* I try so hard to be warm and fuzzy but they keep pulling me back… attend an upcoming site meeting. Engage with fellow members to strategize how we can attempt to organize against the change by highlighting that it is inefficient and places additional load on classified staff who are already fully tasked.

    In Service,

    Scott Olsen (he/him) | ACE President
    https://acefhda.org | scott.olsen@acefhda.org 
    650-949-7789 | M-F 8:30am-5:00pm

  • 2025.09.24 Quick Contract Review: Hours and Overtime | Work-Life Balance

    ACE Members,

    Here is a review that got a little lengthy, but covers common situations that we see across the District:

    Hours and Overtime
    Setting boundaries around your work schedule is a healthy habit and supported by our Agreement in a number of ways, but particularly in Article 13 (LINK):

    Manager says, “I need you to rotate your schedule and work different hours periodically.”

    The CBA says:

    13.1 Working Time
    The workweek shall consist of five (5) consecutive days of the same eight (8) hours per day and forty (40) hours per week.

    • Note: Schedules can be modified, but employees should all have a workweek and shift that is consistent week to week. Schedules should also not be adjusted purely to avoid paying overtime.

    Manager says, “It’s an emergency.”

    The CBA says:

    13.2.6.1 Stand-By
    No worker shall be required or requested to be available for handling potential emergency situations or available to answer questions by phone, text, or email after they have clocked out for the day, unless the supervisor has contacted the worker to authorize call-back time to accommodate a special need.

    • Note: ACE members are not emergency workers or required to be on call at all times.

    Manager says, “Sorry to ask after work hours.”

    The CBA says:

    13.2.4 Call Back Time
    Occasionally a worker may be called back for work in the evening or on a weekend to accommodate a special need. In such cases, travel time to and from home will be counted as time worked. In order to make the disturbance of normal time off worthwhile, the pay for combined work and travel time shall be for a minimum of four hours.

    • Note: If a normal schedule does not include weekends or there is a gap between the end of a workday and a request to work overtime, members may be eligible for 4 hours of OT per this contract section.

    Manager says, “I’m sorry the overtime always falls on you.”

    The CBA says:

    13.2.5 Distribution of Overtime
    Overtime shall be distributed among qualified workers in order that opportunities to earn extra pay will be equitably shared and in order that overtime work will not become the burden of a small percentage of qualified workers. Consideration when possible will be given to the personal obligations of workers which may conflict with overtime hours.

    • Note: Records of overtime help document that there is an uneven disbursement and potentially a need for an additional position. Not recording the overtime hides the work.

    Manager says, “I can only offer comp time.”

    The CBA says:

    13.2.3 Compensatory Time Off

    A worker may request compensatory time off in lieu of cash compensation for overtime worked up to a maximum of 96 hours (12 days). Compensatory time shall be granted at the overtime rate. Any overtime worked shall be reimbursed in compensatory time off within 12 calendar months following the month in which it was reported on the time report. If at the end of the 12-calendar month period the worker has not taken the time off, they shall receive overtime pay at the rate that was effective for the worker when the overtime was worked. Compensatory time off may not be carried over beyond these 12 calendar months. The worker has the option of receiving either compensation or compensatory time off for overtime work.

    • Note: It is the worker’s choice if OT is cash or comp time. If the department can’t pay for the time, it can be declined.
    • Note: If comp time balance on a paystub is more that 12 months old, it can be cashed out by contacting payroll@fhda.edu and the department manager/supervisor.

    Manager says, “Why aren’t you picking up your phone?”

    The CBA says:

    13.2.6 Computer Terminals in Home, Contact after Normal Working Hours

    …. Workers will not be disciplined for failure to respond to a call, email, or text message after they have clocked out for the day.

    • Note: If it’s off hours, workers do not need to pick up the phone, check workplace email, etc.

    Ultimately the work environment we don’t want is something like what’s depicted in the movie “Office Space”:

    If this image hits too close to home, please reach out to an ACE Steward. Obtaining adequate staffing to meet the needs of the workplace does not happen by working unreported overtime or working outside the contract. Classified employees are hourly – we receive compensation for the hours we work. We are not salary or exempt from overtime.

    Admittedly this isn’t the warmest and fuzziest message to start the quarter. I’ll follow up with one of those soon along with updates on what ACE has been working on.

    In Service,

    Scott Olsen (he/him) | ACE President
    https://acefhda.org | scott.olsen@acefhda.org  
    650-949-7789 | M-F 8:30am-5:00pm

  • 2025.09.17 Weingarten Rights | Representation in Investigatory/Disciplinary Meetings

    ACE Members,

    Great seeing many of you during the District Opening Day events. I have ACE membership applications if know a new employee in your work area or someone who has not yet joined as a union member. Feel free to also approach me or any ACE rep with questions or to schedule time to pursue workplace issues.

    The following message was prepared by the Booth Law Group:

    This is an important reminder about your Weingarten Rights—your legal right to union representation during any investigatory meeting that could lead to disciplinary action.


    What Are Weingarten Rights?
    You all have the right to request union representation during meetings with management when:

    1. The meeting is investigatory in nature, and
    2. The employee reasonably believes it could result in disciplinary action.

    What You Need to Know
    You must affirmatively request representation. Management is not required to inform you of this right—you must ask.

    If you’re called into a meeting with a supervisor and it appears the purpose may involve questioning that could lead to discipline, stop and request a union representative immediately.

    If representation is denied:

    1. Do not refuse to stay in the meeting.
    2. Do not answer any questions.
    3. Politely state that you are invoking your Weingarten Rights and will not respond without a union representative present.

    Allow management to continue speaking, but do not engage in the discussion.

    Immediately contact ACE for assistance after the meeting. 

    If you are unsure whether a meeting could lead to discipline, it is always safer to ask:
    “Could this meeting lead to disciplinary action? If so, I would like a union representative present.”

    You have the right to fair representation. Protect yourself by exercising your Weingarten Rights any time you’re unsure about the nature or outcome of a meeting with your supervisor.

    If you have questions or need support, please contact an ACE representative immediately.

    Anthony G. Booth 

    Attorney

    In Service,

    Scott Olsen (he/him) | ACE President
    https://acefhda.org | scott.olsen@acefhda.org  
    650-949-7789 | M-F 8:30am-5:00pm