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2023.05.18 Update – Layoff Update, Additional May CalPERS Paycheck Deduction, May Revise, COLA, Contract Negotiations

ACE Members,

President’s Message
The FHDA CCD Board of Trustees agenda had yet to be released prior to the previous ACE update message, but you can see what was discussed and acted upon on May 1st (LINK). “Ratification of Contracts”, the “Human Resources Report”, and the “Human Resources” specific sections are items I pay careful attention to – Is there an attempt to contract out our work? Who’s been hired? Who’s earned a PGA? Who’s resigned or retired? Are there new MOUs or agreements with labor groups? All the answers are there. On the June 12th agenda we have made it clear that we are expecting to see our updated 2021-2024 Agreement and our sunshine letter, which legally kicks off the contract negotiations process. While the text of our 2021-2024 Agreement will be very similar to 2018-2021, there are updates which are long overdue for us to literally be on the same page when it comes to understanding conditions of employment. The Agreement is a foundational document that we refer whenever there are misunderstandings about an employment practice or questions about how to proceed – it’s akin to a game’s rulebook but attorneys are involved on both sides.

I recognize almost everything takes longer than expected but we do need capacity on the District administrator-side to take care of business without having to file lawsuits, grievances, and unfair labor practice charges. The June agenda along with how our negotiations go forward will be telling. As members I encourage you to pay close attention, be engaged, and ask questions.

Layoff Update
As a reminder, current layoffs are not due to a shortfall in the general fund and are not the fault of the affected employees. ACE continues to work with the Associate Vice Chancellor of Human Resources to place employees into positions in which they hold seniority or find comparable alternative positions, per Article 11 of our Agreement. We also continue to scrutinize the use of temporary employees and contractors to argue for permanent benefitted positions to be created where it has been demonstrated that there is an ongoing need. Thank you to those who’ve brought examples of misuse to our attention.

Upcoming Additional CalPERS Employee Contribution for 2.5% Salary Increase Now Being Pensionable
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.

Negotiations and the May revise of the Governor’s 2023-2024 State Budget (by Chris White, chair of negotiations)
Last week, the Governor released the May revise for the proposed 2023-2024 state budget.  I would encourage you to read the full proposal as it relates to CCCs.  You can find it here:  

The part most people want to know, is the cost-of-Living adjustment (COLA). It crept up from 8.13% in January to 8.22%.

WOOHOO!  That means we’re getting an 8.22% COLA!  Not so fast.  For FHDA, COLA is not an automatic pass through, and we must bargain any increase.  A couple of facts about this state budget proposal:

  1. The legislature and the governor must agree and sign it by June 15, which means there is still time to negotiate.  Historically, it hasn’t changed much from the May revise proposal, but this COLA is funded differently.
  1. A portion of this COLA is funded through one-time funds.  That can be problematic down the road and may have an impact on the final budget.  The Legislative Analyst’s Office outlines some of those concerns here:
  1. FHDA has its own budget issues with over a decade of declining enrollment, increasing costs, and the ending of hold-harmless funding in 2024-25.  When this happens, we won’t lose funding, we also won’t get any new funding (like COLAs) until our enrollment matches the funding the state has been giving us despite fewer students (its pegged to 2017-2018 enrollment).  That means unless we increase our FTES on average by 1,000 over the next three years or we get a five percent or more COLA each year during that same time period, both are highly unlikely, wages will most likely remain stagnant.  

So, what are we getting?  Your negotiations team will do everything to be fair in our proposals to help our members get a COLA that works for them now and in the future.

As I mentioned in my last update, we are expecting our proposals to go to the board of trustees’ June 12 meeting.  In addition to the articles, we are opening – 8 (pay and allowances), 9.2 (Vacation), 13.2.6 (Remote Work) and 18 (benefits) – you’ll see some additional items which need to be amended due to changes in the law.  They are:

  • Articles 3 – Union Security – this is the elimination of fair-share fee payers from the 2018 Janus supreme court decision.
  • Article 7 – Employment Practices – this is a change in probationary status where the maximum is now six months. Ours is currently 1 year.
  • Article 10 – Leaves – this is a change in parental leave (12-weeks at 50% of pay, can’t be supplemented with any other leave). Change says the max is 12 weeks within a 12-month calendar.  If you use sick/personal/vacation to be covered at 100%, the number of weeks you used is subtracted from the 12-week total that parental leave allows.  You still can’t use parental leave + your earned leave to accrue 100% of your salary.
  • Article 11 – Layoffs – sets March 15 notice deadline and requires the option to have an administrative hearing to demonstrate the layoff is due to a lack of work or lack of funds.  
  • Article 16 – Discipline – changes the length of time from one year to two that the district can’t initiate any disciplinary action for any cause alleged to have arisen prior to the worker becoming permanent nor for any cause alleged to have arisen. 

In solidarity
Chris, chair of negotiations

Sushini Chand
Chris Chavez
Joseph Gilmore
Keri Kirkpatrick
Andrea Santa Cruz

We hope to see many of your tomorrow at Classified Professional Development Day.
Be sure to connect with your ACE representatives (LINK).
What’s the difference between ACE and Senate? (LINK).

In Solidarity,

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

… and happy bike to wherever day(s) 🚲(LINK).

Summer Work Schedule 2023 📢

ACE Membership,

Summer work hours for ACE employees officially begin the week of July 3rd and goes through August 25th. 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.

In Solidarity,

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

2023.04.27 Update – President’s Message, Where Is ACE?, Chancellor Finalist Forums, Upcoming Events

ACE Members,

President’s Message
Each month there are two days when we can see our employer’s high level actions; (1)the day we receive our paystubs and (2)the day the board of trustees agenda is released. This month I’ve been hearing from members that there has been an effort to properly pay some employees for working within their agreed upon classifications and repay some for unpaid wages due per our agreement – progress is appreciated. If you have submitted a request for accommodation, working out of classification form, reclassification form, claim, grievance, or are due retroactive pay, reach out to and let me know – we keep a running list and check in with human resources management regularly for status updates. I get the sense that there is an effort to resolve everyone’s items prior to the end of the fiscal year and before the June board of trustees meeting.

ACE continues to review legal actions and organizing actions we can undertake to put an end to wage theft (LINK.) Getting out of the business of retroactive payments would be welcomed. ACE understands there are circumstances when it is unavoidable to have a couple months payment due because of business processes and deadlines, but receiving accurate regular pay is crucial for the majority of us. Proof of income is necessary to survive in an area where living costs so much. The lack of those wages impacts food choices, the ability to obtain housing, care for a dependent, maintain a vehicle, take a pet to the vet, and can cause credit problems that can fester for a long time. The less we have to be concerned about sustaining ourselves, the more we can focus our energy on supporting the success of the district.

As of this message we are still waiting for the board of trustees agenda to be published. In an upcoming message we’ll highlight items of importance.

“Where Are you Scott?” 🧐
ACE offices are located at Foothill in building D140 (near the tennis courts) and at De Anza in the Forum building, office 5A (near the main gym.) I split time between both locations depending on need, in addition to sometimes working from home (such as today when my allergies are out of control 🤧.) On days with scheduled site meetings, I’m at that respective location for the entirety of the day to answer questions. In May we hope to start a hybrid site meeting format. ACE board meetings will continue to be accessible via Zoom.

Stewards also have access to these private offices. Best practice is to schedule time in advance if you would like to meet with me or a steward. Not only does the lead time allow us to be in the right place, but we can research a topic prior to meeting with you. Contact information for all ACE representatives is kept up-to-date on our website. We all strive to meet the needs of members and respond as quickly as possible.

Chancellor Candidate Open Forums 🏢
We highly encourage you to read more about each finalist (LINK) and participate in upcoming open forums:

  • May 1st @ 1pm – Lee Lambert Open Forum (Zoom Link)
  • May 2nd @ 1pm – Farouk Dey Open Forum (Zoom Link)
  • May 3rd @ 1pm – Rowena Tomaneng Open Forum (Zoom Link)
  • May 4th @ 1pm – Richard Storti Open Forum (Zoom Link)
    • Open forums also in-person at the district board room in the D700 building.

What are their thoughts on classified professionals?
What kind of culture would they bring to management?
What are their views on labor unions?
What challenges do they see in the student centered funding formula and how can the district potentially respond to them?

Find out by attending the meetings.

Upcoming Events 📅

Worker’s Memorial Day, April 28th

  • Online Remembrance (LINK)

More background – (Wikipedia Link)

International Worker’s Day / May Day, May 1st starting at 3pm

  • Roosevelt Park
    901 E Santa Clara Street, San Jose

@Angelica Esquivel is organizing a group of students from De Anza to attend. If you’re able, employee support means a lot 🫶

Free eWaste Recycling Event, May 6th from 9am-12pm (LINK)

  • The Tech Interactive
    201 South Market StreetSan Jose, CA, 95113

@Andre Meggerson serves on the Trash Punx board 🤘

In Solidarity,

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