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Negotiations Update: Health Benefit Premiums Plan Year 2023; Negotiations 2022-2023

Written by ACE

Health Benefit Rates Plan Year 2023

The Joint Labor-Management Benefits Committee (JLMBC) has reached an agreement regarding employee health benefits for the plan year 2023.  The JLMBC is comprised of members from all bargaining units (ACE, CSEA, FA, POA, and Teamsters).  

Health benefit premiums are funded through three sources: employee health benefit premiums, the District’s per employee per month (PEPM) contribution, and a rate stabilization fund (RSF) which offsets the difference between employee and District contributions and the actual premium cost. In a nutshell, here are the changes: 

  • Employee benefit health benefit premiums increase by seven percent.  See MOU for Plan Year 2023 employee contribution rates (LINK).
  • The District increases their PEPM from $1,062 to $1,132.   
  • The trial program for Bridge to Medicare allowing reimbursement for health plans outside of CalPERS plan ends December 31, 2022.  All other components of the Bridge to Medicare plan remain the same.
  • With funding from the state specific to part-time instructors for health benefits, the District increases the PEPM they pay from 40, 50 or 60 percent of the full cost of the premium to 50, 60 or 70 percent for eligible part-time instructors.  The percentage depends on the class load a part-time instructor teaches. 
  • Develop a formula-based approach to fund the RSF and employee benefits in the future. 

Plan Options

All plan options remain the same for the 2023 with an overall cost employee premium increase of seven percent. Blue Shield Access+ HMO and United Healthcare Alliance premiums will decrease by 65 percent to bring employee contribution rates in line with similarly priced plans. For retirees, a new Kaiser Senior Advantage Summit HMO has been added. 

It is important to remember that the bargaining units and the District negotiate who pays how much based on CalPERS’s plan options but neither has any say in what plans they offer, the cost of a plan including deductibles and co-pays, or what practitioners are included in those plans.

Rate Stabilization Fund

This year saw another large increase (eight percent) in heath benefit premiums from CalPERS .  We are projecting a $3 million drawdown to the RSF, leaving a little more than $3 million in the fund at the end of 2023.  To keep the fund viable, over the past six years the bargaining units have been able to negotiate an additional $2.8 million in one-time money to the RSF and increase the amount the District’s PEPM from $976 to $1,132. Employee premiums have gone up twice during that same time.  The RSF is the mechanism that keeps premium rates manageable. 

This year negotiating funds for the RSF has been more challenging.  There is money available.  The District’s tentative 2022-23 budget identifies nearly $19 million in discretionary funds from its projected $32 million stability fund balance.  The 2022-23 state budget has multiple one-time funding options and eliminates the fiscal cliff when hold harmless funding runs out in 2024-25. For example, the part-time health benefit funding from the state would actually save the District money. FHDA’s budget challenges – we’ve lost $10 million in ongoing funding with our decline in non-resident enrollment – and the District’s fiscally conservative/risk adverse nature leaves them unwilling to negotiate any funding to the RSF until they have a better understanding of the District’s 2021-2022 true ending balance once the cost-of-living-adjustments (COLAs) have been implemented and other liabilities have been fully realized.  They are also waiting on further details regarding 2022-23 state budget funding requirements and/or when funding from the state actually materializes, as is the case with part-time faculty health benefit funding.   

The good news, the District has acknowledged a shared interest in maintaining the RSF and, up against a deadline for rate submissions to our plan administrator for open enrollment in September, we have agreed to negotiate a formula-based approved to fund the RSF in October.  

2022-2023 – ACE Negotiations Update

In June your negotiations team sent a member survey to prioritize items to be bargained for the year 2022-2023.  As a reopener year, in addition to Article 8 (pay and allowances) and Article 18 (benefits), ACE and the District can each open two additional articles.  For 2022-23, we’ve already settled the COLA at 5.56 percent.  Benefits are negotiated jointly with the other bargaining units, and we will resume that process in October.  For articles pertinent to ACE, with a 35 percent response rate, the top three issues identified in the survey were:

  1. Vacation accrual
  2. Remote work options
  3. Eligibility for promotion

You’ll find a synopsis of the survey results here (LINK).  Your negotiating team is researching proposal options around these issues and will keep the membership posted on the next steps and, if necessary, requests for additional membership input.

In Solidarity,

Chris White, chair of negotiations

Negotiators
Sushini Chand
Chris Chavez
Joseph Gilmore
Keri Kirkpatrick
Andrea Santa Cruz
Scott Olsen 

Negotiations

2022.08.03 Update – Demand to Bargain, New MOU, Koff Appeals due Aug 31

Written by ACE

ACE Members,

Reminder: Koff Classification Appeals are due by August 31st (!)

Has your work changed significantly since the original classification study? Does your job description not align with your permanent ongoing duties? Have you not already submitted an appeal by completing a position description questionnaire? If you answered “yes” to all three questions see the July 14th ACE Update email for a form to complete by 8/31/22 and guidance.

Contact me with questions, but understand that you are the expert when it comes to the work you are regularly assigned. If the bulk of that work is done by a higher classification, filling out this form is your best opportunity to be fairly compensated for that work.

Copy me on final submissions and I will forward them to the appropriate person in human resources. Interviews may occur months after the deadline (date to be determined.)

Return to In Person Work MOU

At yesterday’s DA/CS site meeting we reviewed what a “demand to bargain” is and how members play a role in working conditions changes. As an example, when the Foothill College President issued their “In Person Office Hours and Services” message on April 14th, ACE responded with a demand to bargain health and safety consequences of that. Negotiations with human resources resulted in an MOU which you can read the entirety of here (LINK), along with all of our MOUs here (LINK), to understand how teleworking and covid exposure guidelines have changed:

Teleworking 💻

Article 13.2.6 provisions have not changed:

At the request of a worker, and if the needs of the department can be met, the worker may be permitted to work out of his or her home via computer terminal. The request and the subsequent permission, if granted, shall be in writing.

The latest MOU adds:
(1) a denial from your supervisor/manager must be provided in writing and it must include their reasoning.
(2) an appeal process to a next level supervisor/manager and a review by Human Resources and ACE for a final decision.
(3) a minimum 10 working days notice in writing prior to the end of a teleworking agreement.

  • This applies to existing agreements.
  • Ending an agreement would also constitute a denial (see #1) and could be appealed (see #2).

(4) clarity that you not required to use your personal cell phone for work purposes.
(5) that supervisors are not allowed to visit an employee’s home (per the Alternate Work Location Guidelines posted 2020.06.12)

Covid Exposure Guidelines 🦠

Article 10.8 and Article 19 have not changed:

The latest MOU adds:
(1) Exposure notification requirements for any employee who was in close contact or a shared space with someone who has tested positive and protocols have been agreed upon.
(2) If you are awaiting a covid test result or test positive, and are able to work you may make arrangements with your supervisor to work remotely (with supervisor approval.)
(3) If your child tests positive for covid, you may use your sick leave or request to work from home (with supervisor approval) until the end of a quarantine/isolation period.
(4) If you are required to quarantine by the district, a teleworking arrangement will be made or you will be placed on administrative leave until the end of the quarantine period.

Q: What does a teleworking request look like?
A: “Dear ACE Members, I would like to establish a schedule where I work one day per week remotely. My duties include drafting communications, updating web pages, responding to emails, and reviewing policy documents. All require long periods of focus which are more common in the remote environment and therefore I can more effectively meet the needs of the organization. For urgent requests I would be available to contact via email and phone. Please respond if you approve or deny this schedule, in writing.”

As a reminder, working from home was in response to the pandemic and we do have to meet the business needs of the district/college if they require us to be onsite. ACE remains committed to safety and bargaining the impact of workplace changes. The opportunity to continue teleworking will depend on your job duties and the ability to perform those duties in an equal or better fashion while not onsite. While we now have an appeal process, much of establishing a hybrid schedule falls within your ability to communicate to your direct report that the quality and quantity of your work will not diminish and the needs of the department will continue to be met.

ACE will continue to refine this process during 2022-23 negotiations sessions – stay tuned 📺

Q: Does my supervisor/manager already know about this MOU?   
A: We’re not sure – to be safe we’ll contact representatives among management and supervisors to make this widely known. You can also send a message to your supervisor/manager saying, “did you see this new thing?”

Q: My supervisor/manager disagrees with this MOU and does not want to follow it. What do I do?
A: Contact an ACE steward – @Anthony Caceres(FH), @Erika Flores(DA), @Adriana Garcia(DA), @Scott Olsen(ACE)

TEAs 🫖

Temporary employee assignment practices are an issue ACE is paying close attention to. The recent HR Report (LINK) included a large quantity of class T3 short-term employees, but the project/notes failed to specify how many were performing one-time, seasonal service not needed on a continuing basis, or assisting with a special project. ACE has challenged for that additional information and to be sure district policies and procedures(LINK) are being properly followed. If the work is ongoing and could be accomplished by an ACE classification, a regular benefitted position should be established.

In Solidarity,

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

ACE News

2022.07.28 Update – Paystub Common Questions, 22-23 COLA, Retroactive Pay, CalPERS PEPRA Rates

Written by ACE

ACE Members,

At the last site meeting we discussed common issues found in monthly paystubs. Always check your paystub for accuracy! Below are a few examples and what to do about them, plus updates on issues that impact our net pay.

Correction regarding item (1) “I didn’t receive 10 hours for the July 4th Holiday – what do I do?”

The new answer is no action is needed – our monthly regular pay remained the same and we did not have to surrender any vacation leave to reimburse hours.

We verified with Nancy Chao that the calculation for Holiday pay defaults to 8 hours and is a “cosmetic display” (which I have a hard time saying when it comes to money) – see message below:

The holiday hours of 8 is defaulted in by the system and we would have modified it to 10 if we were alerted via your entry to the comments that it is a required work schedule, which you did (see below), and we failed to make the change to the holiday hours.  I am sorry for our oversight.

Please note that you are a contracted employee and are paid a monthly contractual amount per your salary grade and step. There will NOT be any additional compensation due to your holiday hours is 10 instead of 8 but it is cosmetic display of # of hours in your stub and pay history.

Again, we experienced no loss and there is no additional amount that is due to be paid out – we received the correct amount of monthly pay. Contact me if you need further explanation or if you have identified that your situation falls outside this explanation.

(2) I didn’t receive the 5.56% 22-23 COLA – what do I do?

Wait (unfortunately.)

Until the 21-22 retroactive payment is calculated and paid out, the 22-23 ongoing salary schedule increase cannot be implemented due to how CalPERS reporting is structured. At the time of negotiations in June it was said that this calculation may take at least six months (December.) 🤞

Human Resources currently has a staff filling 6 of 13 positions, 2 of which are on reduced schedules. Everything is going to take longer than we’d like while there aren’t enough workers to complete tasks. While we are patient and understanding, ACE will continue to communicate the impact that these delays have.

(3) I wasn’t notified that I’d reached the vacation limit – what do I do?

Email olsenscott@fhda.edu

This would be a contract violation of section 9.2.5: A worker will be notified by a notice on his/her paycheck when he/she is within two pay periods of reaching his/her maximum vacation accrual for two years.

The “VAC LIMIT” box should have contained either “APPROACH” or “EXCEED” (see example below):

(4) I’m not paying the right amount for medical benefits – what do I do?

Email olsenscott@fhda.edu

This is an obscure occurrence, but it does happen. How do you know what you should be paying? You would have to dig deep into the FHDA website to find the rates (LINK) and then potentially into Article 18 (LINK), specifically 18.2.6 and 18.2.7, if you are part time or less than 12-month contact.

(5) HR/Benefits/Payroll deducted money without my approval – what do I do?

Email olsenscott@fhda.edu

This is illegal. FHDA cannot deduct for overpayment without your express written authorization. Before signing any documents, contact ACE to understand your rights. In consultation with our attorneys we can determine if the deduction is appropriate and how it should be managed.

(6) I didn’t receive my step adjustment/longevity award – what do I do?

Email your nearest steward @Anthony Caceres(Foothill), @Erika Flores (De Anza), or myself to review Article 8 (LINK)

Read section 8.3 “Advancement on Salary Schedule” and 8.4 “Longevity.” If you have not received an expected increase upon completion of the specified amount of time, ACE can help follow up with Human Resources and Payroll.

(7) I’m paying more for CalPERS as of July 2022 – what do I do?

CalPERS 2022-23 School Employee Contribution Rates (LINK)

Effective July 1, 2022, PEPRA members will contribute 8% of their regulate pay the CalPERS pension system. The contribution rate for classic members will remain at 7%.

Who’s a PEPRA member? Short Answer: Anyone* hired after January, 2013. *exceptions may apply, see the CalPERS website for the long answer (LINK)

Thank you to @Phuong Tran and @Anthony Caceres for organizing the recent “ACE Coffee+Pastry Break” on the Foothill Campus. We’ll work to coordinate similar events at De Anza and Central Services. It was great to see and talk to so many ACE members in person.

In Solidarity,

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

ACE News