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10.15.19: Call for Officer Nominations – Elections Held Online Oct. 28 -Nov. 1

Nominations are being solicited for the following officer positions:

  • President
  • Vice President: De Anza & Central Services (two separate positions)
  • Chief Steward: Foothill
  • Board Member: De Anza & Foothill (two separate positions)

See Article 5 of the ACE Constitution for job descriptions.

Any member may nominate a candidate for president. Only De Anza members may nominate candidates for De Anza positions; only Central Services members may nominate candidates for Central Services positions; and only Foothill members may nominate members for Foothill positions.

Central Services ACE Nomination Ballot 2019

De Anza ACE Nomination Ballot 2019

Foothill ACE Nomination Ballot 2019

Nominations Close Monday, Oct. 21 at 4 p.m.

Submit your nomination by email to the ACE Recorder, Shawna Santiago.

Online elections held October 28 – November 1.

ACE Update 09.19.19: Thank you; Negotiations Update: Officer Elections; Financial Consultant & ACE Audit; PGA; Francis Perkins

President’s Message

The start of a new academic year always ushers in feelings of excitement, opportunity, and for some, a bit of nervousness too. Based on the phone calls and emails I have received it also brings a sense of frustration around changing roles and reorganization, a byproduct of last year’s budget reductions, endless delay with the classification study, and uncertainty around enrollment.

To me, the new academic year is a fresh start. Many staff have been able to take advantage of our internal hiring practice and move into new positions. Newly hired staff are also filling critical roles. Combined these changes bring new perspectives, ideas and energy to an environment that has demanded change. With budget reductions behind us, outstanding legal issues against the District and CalPERS inching closer to a resolution, enrollment holding steady, and the state extending hold-harmless funding for a fourth year, it is refreshing to be able to focus on strengthening our association and the terms of our Agreement.

Changing Roles/Reorganization
ACE is working with management to address changes in positions and reorganization when we know of them but not every manager is forthright with their plans. That tells it’s own story. With forty-one positions eliminated June 30, this fall we will truly feel the impact of those decisions. We are watching to see if work has been reassigned to students, faculty and/or administrators. When a department is shorthanded, this is easy to justify by management and by staff. When this happens my only question to you, what is the incentive to hire additional staff? The work is getting done.

For all of our sanity, we need to give management a moment to reevaluate their choices as we roll through fall quarter. There is no one way to address this issue and we’re taking it case by case. ACE has already been successful in converting some positions filled by independent contractors and temporary workers into permanent positions. Ultimately, management has the right of assignment. They get to determine what work gets done and what doesn’t. Our role is to make certain the work belonging to our unit is assigned appropriately.

Classification Study
On May 23 ACE filed an unfair labor practice (ULP) with the Public Employment Relations Board (PERB), charging the District with failing to act in good faith and violating their duty to bargain fairly.
ACE argues the District is in violation of the National Labor Relations Act (NLRA) because they are seeking to take unilateral action and impose conditions on their willingness to bargain. We are still waiting for the PERB to finish their investigation of the allegations and either dismiss the case, seek a settlement, or issue a formal complaint.

Frustrating? Yes but imagine what would happen without ACE. There is no legal action you could take on your own. The District would be able to arbitrarily decide your classification, what work you can do in that classification, and how much they will pay you for that work.

Thank You
I have said on more than one occasion, our association only works with the active participation of the membership. You have shown up in spades to make this work. Often after speaking with their colleagues, new employees join ACE. Our calls to action for officers or committee members are filled quickly. Attendance at site and board meetings continues to increase, and I am humbled by the ACE officers and negotiators who represent this organization with humility, grace, and a demonstrated willingness to always put the good of the members first. Simply put, thank you.

In Solidarity,

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

“The fight is never about lettuce or grapes. It is always about people”. – César Chávez

Bike Build Off – ACE Executive Board and negotiators come together to test our team building prowess while doing good. The bikes were donated to the Boys and Girls Club of Santa Clara County.

Bike Build Off – The winning team!


Welcome New Members

Please take a moment to welcome our newest members.  Invite them to a site meeting, answer their questions or point them to their steward if they need additional guidance.  Our association only works with the active participation from all our members.

De Anza
Lexi Amrhein, Academic Advisor, Counseling
Sasha Bostick, Administrative Assistant II, Bio Health & Env Sciences
Ray Cornell, Facilities Equipment Assistant, PE
Garrett Hoang, Division Admin Assistant, Language Arts
Elizabeth Jahn, Bookstore Courseware Cord., Bookstore
Angelie Lopez, Academic Advisor, Counseling
Millie Peréz Perea, Financial Aid Outreach Assistant, Financial Aid
Sarah Wallace, Facilities Equipment Assistant, PE

Foothill
Manny Diaz-Alvares, School Relations Specialist, Admissions & Records
Alex Favela, School Relations Specialist, Outreach
Daffney Hillis, Sr. Library Technician, LIbrary
Konstantin Kalaitzidis, Instructional Support Cord., PSME
Rudy Leal, Instructional Facilities Cord., Environmental Horticulture & Vet Tech


Negotiations Update

Cathleen Monsell, Chair of Negotiations

The ACE negotiating team presented our proposals to the District on Sept. 9.  Included are items under Article 7 (employment practices), Article 8 (pay and allowances), Article 14 (worker expenses and material), Article 18 (benefits) and implementation of the classification study.  The proposals presented are intended to establish parity with administrator and faculty contracts, adding as much as possible to the salary schedule including a continuance of the one-time five percent COLA which expired June 30, 2019 and addressing the COLA set by the state for 2019-2020.   At this meeting, the District did not present any proposals.

We meet again with the District on October 3.

Bargaining Units Collectively Hire Financial Consultant
ACE, CSEA, FA, POA and Teamsters have collectively hired a financial consultant to further our duties of fair representation and in preparation of bargaining. We have hired the services of Robina Bennion of Robina Bennion Consulting to help us understand the complexities of the District’s budget and current financial situation.  The cost for this consultant will be shared equitably among the bargaining units based on full-time equivalent members in each respective unit. Collectively, the initial estimate for this project is between five and seven thousand dollars. For ACE, the executive board has authorized an allocation not to exceed ten-thousand for our portion of this project. We will keep you updated as we proceed with our findings.


Appointments

Professional Growth Awards Committee
Mary Medrano, De Anza
Kit Perales, De Anza


Thank you Matt Trosper!

Matt, who has served as a vice president and most currently as a steward at De Anza, has moved on to take on a new role as Director of Athletic Academics at Butler Community College in El Dorado, Kansas.

Whether helping the student athletes, ACE as an organization, or members with stewarding issues, Matt has always done so with compassion and a keen sense of humor.  He will be missed and we wish him much success in his new endeavor.


Know Your Agreement:  Professional Growth Awards

The purpose of the Professional Growth Award (PGA) program is to provide incentives to classified professionals to enhance and update their performance through continuing education and through involvement in professional organizations and associations.  Negotiated by your union, for the better part of 30 years classified professionals haven been able to add PGA as part of their compensation.  Over the years, your negotiators have been able to increase the award amount from $42 to $70 to the $90 per month it is today.

Part of what makes PGA so attractive, other than the fact that the award is compounded and can add up fast when additional PGAs are earned, is it counts towards your pensionable income. Under CalPERS, PGA is defined as special compensation – educational assistance – with CalPERS setting very specific rules on what activities qualify.  You will find broad spectrum of activities and classes can be included in your PGA application but it is not unlimited.  These are public funds and their use must be defensible if the public or CalPERS asks.

You will find PGA under Article 8.5, the application in Appendix A, and guidelines for submitting your PGA in Appendix B. Applications are due the 10th of the month. Your current PGA committee members are:

  • Foothill: Denise Perez and Shawna Santiago
  • De Anza: Mary Medrano and Kit Perales
  • Central Services: Kris Lestini (Teamster)

If you have questions, please talk a committee member. They want to help you be successful. I would also ask you to be kind. They have volunteered to serve and  the job includes a lot of paperwork which does not always provide clear guidance on what is  or is not acceptable. They are doing their very best to ensure every activity included on your application counts toward your PGA.  If they question an activity ask yourself, how would the public interpret this use of these funds?


Officer Elections:  You Should Run For Office

Seriously, you should run for office.  Have you thought about it?  Have you spent time thinking over the issues that affect you at work and how you would fix them?

Let me ask you this: do you have good ideas about how to make our union better?  Do you say to yourself, “why doesn’t ACE do something about ______?  Do you want to make a difference?

Too often people wait for someone else to create the change they want. Stop waiting. Running for office is scary.  You’re not sure what to do, how you’re going to add one more responsibility to your plate, and you’re worried you will make mistakes.   It is understandable but holding an elected position can be one of the strongest ways to inspire others and create change within our organization.

As member of the executive board, you’re not alone.  Decisions are made collectively and approved by the membership. Training, release time and elective stipends are offered to officers to support the work they do for ACE. As an independent labor organization, ACE decides what issues are important to us, how we spend our money and, most importantly, how we represent our members. We might not always get it right and the path to change can, at times, be excruciatingly slow but the work we do always comes from a desire to help others. I’m not sure how that desire is ever a mistake, even when outcomes don’t match expectations.

Elective stipends are provided to officers for their work on behalf of ACE.  A member is eligible to be a candidate if they are a non-probationary, permanent, classified employee in the District and is a member of ACE for one (1) full year.  The following positions are up for election.

  • President
  • Vice President – Central Services and De Anza (one at each location)
  • Chief Steward – Foothill
  • Board Members – Central Services and De Anza Seat 1 (one at each location)

Terms are two years in length and run from January 1, 2020 through December 30, 2021.   All executive board members are required to:

  • Attend ACE board meetings held the 2nd Wednesday of every month from 1-2:30 p.m. They rotate between the two campuses.
  • Attend the site meeting for the campus they represent. At De Anza, these are held the 1st Tuesday of the month; At Foothill, these are held the 3rd Tuesday of the month. Both meetings are  from noon – 1 p.m.
  • A description of each officer’s role and responsibilities can be found here.

All positions require subordination of personal interests to those that represent the highest good of the members.  No officer shall have greater rights than any other member of ACE.

Nominations Accepted October 15 – 18
Elections held online October 28 – November 1

So, what office are you running for in the upcoming election.


2018-19 ACE Financial Audit

Every year, ACE hires an outside accounting agency to perform a financial audit of preceding year. The fundamental purpose of the audit is to provide independent assurance that the executive board has, in its financial statements, presented a “true and fair” view of our association’s financial performance and position.

Originally required to show service fee payers – non members required to pay dues but would have otherwise chosen not too – that 90% of our expenses were chargeable towards the cost of representation whether they were a full member or service fee payer.  Over the years, this fair share fee audit showed our chargeable expenses typically fell between 94 and 96% of our total budget, well above the 90% threshold.

In June of 2018, when the Supreme Court in Janus v. ASFCME ruled we could only collect dues from people who voluntarily chose to be a member we were no longer required to perform a fair share fee audit.  To be transparent with the membership, our executive board still felt it was important to have an outside certified public account conduct an audit to ensure we are utilizing solid accounting methods and that the money is where we say it is.  You can find a copy of our 2018-2019 Financial Audit with June 30, 2019 Year-End Financial declaration here.


The Story of Unions: Francis Perkins

When Frances Perkins was a little girl, she asked her parents why nice people could be poor. Her father told her not to worry about those things, and that poor people were poor because they were lazy and drank. Eventually, she went to Mount Holyoke College, and majored in physics. In her final semester, she took a class in American economic history and toured the mills along the Connecticut River to see working conditions. She was horrified. Eventually, instead of teaching until she married, she earned a masters degree in social work from Columbia University. In 1910, Perkins became Executive Secretary of the New York City Consumers League. She campaigned for sanitary regulations for bakeries, fire protection for factories, and legislation to limit the working hours for women and children in factories to 54 hours per week. She worked mainly in New York State’s capital, Albany. Here, she made friends with politicians, and learned how to lobby.

On March 25th, 1911, Frances was having tea with friends when they heard fire engines. They ran to see what was happening, and witnessed one of the worst workplace disasters in US history. The Triangle Shirtwaist Factory fire was devastating, killing 146 people, mostly young women and girls. Frances watched as fire escapes collapsed and fireman ladders couldn’t reach the women trapped by the flames. She watched 47 workers leap to their deaths from the 8th and 9th floors.

Poignantly, just a year before these same women and girls had fought for and won the 54 hour work week and other benefits that Frances had championed. These women weren’t just tragic victims, they were heroes of the labor force. Frances at that moment resolved to make sure their deaths meant something.

A committee to study reforms in safety in factories was formed, and Perkins became the secretary. The group took on not only fire safety, but all other health issues they could think of. Perkins, by that time a respected expert witness, helped draft the most comprehensive set of laws regarding workplace health and safety in the country. Other states started copying New York’s new laws to protect workers.

Perkins continued to work in New York for decades, until she was asked by President Elect Franklin D. Roosevelt in 1933 to serve as Secretary of Labor. She told him only if he agreed with her goals: 40-hour work week, minimum wage, unemployment and worker’s compensation, abolition of child labor, federal aid to the states for unemployment, Social Security, a revitalized federal employment service, and universal health insurance. He agreed. Similar to what she had worked for in New York, her successes became the New Deal, and changed the country and its workers forever.

So while you may not know her name, you certainly know her legacy.

ACE Update 07.15.19: Optimism; Negotiations Update: 403(b) & 457 Annual Review; Solidarity

President’s Message

Happy Summer.  It’s the start of a new fiscal year for the district and I am cautiously optimistic it brings with it a decent salary increase, completion on the classification study, and new opportunities for staff as more positions open and the colleges restructure after this last round of reductions.

The governor approved a 2019-2020 budget which includes a decent cost-of-living adjustment (3.26%), funding to help off-set the District’s contribution rate for CalPERS and CalSTRS over the next three years (think cost savings), and an additional year of hold-harmless funding under the new student-centered funding formula for districts like FHDA struggling with enrollment. Add to the mix the District addressing its structural deficit through reductions in 2017-18 and 2018-19 and their decision to budget for a loss in enrollment in 2019-20 means there is some money on the table to negotiate.  At the very least, we should be able to address some form of extension or ongoing basis of the temporary five-percent COLA which ended on June 30.  The articles ACE elected to negotiate were finally opened by board of trustees July 8. Your negotiations team will be busy this summer. Watch your email for updates.

As part of negotiations, we included implementation of the classification study.  In addition to the unfair labor practice (ULP) we filed against the district in May, this is another tool to get the District to to the table to address the draft study findings.  With the reductions and managing retirements from the SRP behind them, the District should be in a better position to address this issue in a more timely manner.

Lastly, while many colleagues retired June 30 it brings with it opportunity as current staff move to different positions and new staff members come on board. Do me a favor, please give everyone in a new role a minute or two to make it their own.

Of service,

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

“The fight is never about lettuce or grapes.  It is always about people”. – César Chávez


July 4 Holiday Code for Timecard

If you are working 4/10’s or 9/80’s for the summer because your supervisor closed the office on Fridays, you will need to use code 152 on your timecard to account for the extra hour or two (depending on your schedule) for the July 4 holiday.

If your office isn’t closed on Fridays or, it is but you are working eight hour days and using vacation, comp time or unpaid leave to cover Fridays, you do not need to enter anything for the July 4 holiday.


Negotiations Update

Cathleen Monsell, Chair of Negotiations

Health Benefit Negotiations
The 2020 CalPERS health benefit rates have been released and it is good news! At the June 20th Joint Labor Management Benefits Council (JLMBC) meeting it was agreed, due to little change in the rates, employee contributions will remain at the 2019 level. This is the fourth year in a row which the bargaining units have been able to negotiate no increase to employee contributions for health benefits.

Health benefits are paid from three sources: employee contributions, district contributions, and a Rate Stabilization Fund (RSF). The RSF is projected to drop by $1.6 million to cover the difference between what employees and the District pay and the true monthly cost for health benefits. As part of this negotiation, it was also agreed that one million in District one-time money will be added to the RSF.  Another one million would be added to the RSF if the hold-harmless provision in the state budget is approved for a fourth year, as proposed in the Governor’s May revise. It was approved.

ACE Negotiations
At the July 8, FHDA Board of Trustee meeting they agreed to reopening the Articles ACE requested: Article 7, employment practices, Article 15, workers expenses, and implementation of the classification study. In addition, Article 8, pay and allowances and Article 14, benefits are automatically reopened. The District did not open any additional articles.


Know Your Agreement:  Performance Evaluations

Love ‘em or hate ’em, a performance evaluation is one of the most important tools managers and employees have to gauge and improve performance in the workplace. If you don’t receive regular feedback or your performance evaluation is skipped, you need to ask for it. I know they say no news is good news, but I also know that many managers will avoid tough conversations about performance. This becomes problematic when new managers come in and have a different set of expectations.  Even if all is going well, it’s still helpful to talk about work processes and to obtain real-time feedback on what’s working (and not working) to allow for idea generation and forward momentum.

Article 7.10 covers the rules regarding performance evaluations but a few key takeaways:

  • After completion of the probationary period, classified employees shall be evaluated at least once in each 24-month period. If you’re still receiving salary step advancements, performance evaluations are typically conducted annually.
  • Your immediate supervisor should prepare and present your performance evaluation.  Not their boss or another administrator, not the faculty director of the area in which you work but the one who signs your time card. If any of those have more direct day-to-day contact with you, they can ask for feedback but your supervisor should conduct the evaluation.
  • Performance appraisal reports shall be written on forms provided by the District. Anything else presented by your evaluator has no official context and will not be considered as part of the performance process.
  • Both the evaluator and you must sign the District evaluation form.  Your signature does not indicate you agree or accept the evaluation as presented, it merely acknowledges that you have received it.
  • Respond, in writing, to any part of the evaluation which you disagree.  If you respond within 10 days of receiving the evaluation, the Director of Human Resources will review the response and the appraisal before placing it in your permanent file. This is your opportunity to have your feedback included in the evaluation process. Use it, and be certain to provide factual information for your disagreement.
  • Performance reviews can not be grieved.  In other words, ACE cannot take any action against the supervisor or the District because you don’t agree with the evaluation. ACE can help you write a response and will step in if your supervisor tries to impose any discipline action in conjunction with the evaluation.
  • Any negative documentation will be shared with the employee prior to inclusion in any performance evaluation.  In other words, no surprises. If you’re blindsided by your review, use the written response option to document your objection.
  • Any worker who has their advancement withheld due to their performance evaluation may request a review by the Director of Human Resources of the appraisal.  The Director of Human Resources shall meet with the worker and the worker’s ACE representative and issue his/her decision.

In order to be meaningful, progress reviews should occur as one part of an ongoing dialogue between managers and employees. Formal reviews are an opportunity to celebrate earned success, reflect on experience, recalibrate goals and start fresh, but they should never be a substitute for everyday feedback and coaching.


Annual 403 & 457 Plan Review

By Scott Olsen

As part of your employment with Foothill-De Anza, you have access to a ten 403(b) and 457 tax shelter annuities (plans which let you set aside monies on a pre-tax basis) for the purpose of retirement. Participation in these plans is voluntary and do not come with any District matching funds (they contribute to your CalPERS pension). You can open an account at any time. To find out more about what the District offers, visit here.

On June 19th representatives from each bargaining unit met with the District to review 403/457 plan participation and provide feedback on the current offerings. Companies are chosen by FHDA based on demand, not merit, so they are not equal in terms of their services and the fees they charge. Financial advisors are not required to act in your best interest. Many will sell investment products with high expenses that will net them the most money in return.  Do you research.

In 2018 , for FHDA, the top three vendors for overall contribution were Fidelity, CalSTRS Pension2, and Vanguard. The District is researching the option to add Fidelity and Vanguard as 457 vendors but due to system limitations they are limited to ten vendors and if one is added, another would have to go away. ACE will be seeking feedback from members before a follow-up meeting with the District and other bargaining units this fall on what options members would like to see.

A few things we learned:

Did you know CalSTRS Pension2 is a 457 option for CalPERS members? Did you know that Pension2 offers a self-directed brokerage account (SDBA) that allows participants to contribute to thousands of different mutual funds (including Vanguard and Fidelity)? We asked that some wording be added to the district documentation to make sure the availability of these options was clear to employees.

If you already have an account, check with payroll before you transfer between vendors It is important to have them review your paperwork prior to submission. A recent incident with an employee who tried to transfer funds independently left their entire account balance in limbo for two months while transfer errors were corrected.

I highly recommend reading the following books:

  • “A Random Walk Down Wall Street” by Burton G. Malkiel
  • “The Little Book of Common Sense Investing” by John C. Bogle

They have been extremely informative regarding retirement investing, how the financial services industry works and helped me to sleep better at night (each provided a mixture of boredom and sound strategy). Check your local library to borrow a copy for free.


Sollidarity: The Story of Unions

by Anthony Caceres

The most important word in the language of the working class is solidarity”. Those words spoken by Harry Bridges still ring true today. The modern workplace is a result of hard fought battles undertaken by unions. Individuals such as Harry Bridges devoted their entire lives to improving the lives of workers. It is because of unions we enjoy the many benefits and privileges in our workplaces. The issue at hand is the role unions will play in shaping the future workplace in America. The future appears to be a replay of past times with employers reverting to old tactics to weaken the voice and collective power of workers. Unions have constantly faced opposition but have held strong. However, recent legal cases have decreased the power unions once held and have fully opened the door to the dismantling of unions. Furthermore, public perception of unions has been altered by the private sector and the ideology behind right-to-work. What we are seeing is a drastic reversal in labor relations and a return to an imbalance of power between employer and employees.

The JANUS vs. AFSCME court case directly impacted the financial security of unions by diminishing the power and ability of unions to collect fees which has resulted in the weakening of the systemic structures that uphold progressive labor negotiations and effective labor practices. Prior to the JANUS court decision, right-to-work laws in several states were implemented for the exact same reason. These laws systematically weakened unions by voiding them of the ability to recruit new members and collect fees. In an already unfair and unbalanced labor environment, unions have become an optional secondary choice. Americans are choosing to take a dangerous path that can have dire consequences. History has taught us that we cannot simply rely on the goodwill of employers but must demand better treatment and workplace benefits.

With labor relations in such dire straits, one may ask what can be done. Echoing the words of Harry Bridges, we must be unified in purpose and in mind. There must be solidarity among the ranks of the working class with a complete understanding that together we rise but divided we fall. It takes all members of a union to maintain the financial viability and negotiation power of the union itself. If we experience more and more departures from union ranks, there will come a time where unions will all but disappear. After all, this is the will of those who seek to undermine worker rights and establish modern economic slavery. The dependency on the good nature of capitalistic employers is naïve at best. Profit over people has been the motto of countless American companies and there is no reason to believe this will end. Unions are the last reliable institution for workers but the decay of labor relations is on the horizon. It is up to every single one of us to call to mind the sacrifices and difficulties by which our modern workplaces came to be. If it is a better world we are attempting to leave for a new generation, we must fight to ensure strong unions are a cornerstone to economic and social prosperity.

It is up to every single one of us to call to mind the sacrifices and difficulties by which our modern workplaces came to be. If it is a better world we are attempting to leave for a new generation, we must fight to ensure strong unions are a cornerstone to economic and social prosperity.