Author: ACE

  • ACE Update 10.21.19: Management Right of Assignment, Negotiations Update, Officer Elections, Staff Development Leave, Upcoming Workshops

    President’s Message

    As we wait for movement on negotiations and the classification study I think it is important to reflect on a couple other items that have been popping up over the last month and what you can do to help.

    Reorganization and Management Right of Assignment
    As I have said on more than one occasion, as a result of the latest round of budget reductions, reorganization will be necessary for the colleges and District to operate efficiently and effectively. Critical vacancies are being filled but there is still more work than people.  Add to the mix changes in student demand, state mandates, and declining resources and work that may have once been a priority is shifted and you’re asked to do something different.

    There is some confusion over management’s ability to assign the work performed by classified employees. They have the absolute right to assign your work. Management retains the right to assign work to employees in the proper classification. The only possible restriction on this right would be found in three separate place, the Government Code, the Education Code and the collective bargaining agreement between Foothill-De Anza Community College District and ACE.

    A review of those documents indicates no prohibition on management’s right to assign work. The Government Code merely defines what are mandatory matters for bargaining. Assignment of work is not enumerated as a mandatory matter of bargaining. The Government Code goes on to state at section 3543.2 (4), that if a matter is not enumerated, that matter is reserved to the public school employer and may not be a subject of meeting and negotiating.

    That doesn’t mean that the District can make you do work out of your classification without paying you more, nor does it mean it can assign you more work than you can do in your 8 hours of work but they do have the right to determine what work the want done. ACE’s role is to make certain the work is appropriate to the classification. Without ACE, the District could change your classification, have you do work completely unrelated to your classification and decide if, and how much, they will pay you for that work.  If your duties are changing, review your classification, they are listed under the human resources website, and/or talk to your steward.

    I know we have very dedicated staff who go above and beyond to make certain students are minimally impacted by cuts in personnel or services. Many of you do this by forgoing breaks and lunch or taking work home with you because there just aren’t enough hours in an eight hour work day.  Off-the-record comments by your supervisor that you’ll be rewarded down the line with a reclassification – a reminder that your level of classification is related to the complexity of your work not how much work you have to do – or afforded other preferential treatment or there is a promise that they will reassess workloads when the budget gets better. Nothing in writing but there is a promise and since we’re “all in this together”, in the end, management will do the “right thing”.  Those promises rarely come to fruition. Often because they don’t have the authority to enact them or what they have proposed is illegal or is a bargained item, but they’re very grateful for your hard work.  The end result? Their objective was met, the work got done and it didn’t cost them anything but a tug on your commitment to students.

    In the meantime, what has ACE been up too?

    In March, ACE filed a lawsuit against CalPERS regarding the temporary five-percent salary adjustment and their denial that it would qualify as pensionable income for all members.  A court date for February 2020 has been set to determine if we should be in front of a hearing officer at the CalPERS or are we properly before the court. Once that is decided we can then have a hearing on the merits, either before an administrative law judge at CalPERS or in court in front of a judge.  As a reminder, the decision in this case will impact employees from all bargaining units including administrators. In May, we 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 around the classification study. We are still waiting on a response.

    When it comes to personnel representation, ACE takes your right to privacy very seriously, which is why you don’t hear as much about it. While every issue isn’t resolved the way ACE or a member would like or want, unlike our previous unions, our attorney, labor representative and officers show up each and every time and work to do their very best on your behalf. In the last few months alone we’ve:

    • had improper warnings removed from an employee’s file;
    • addressed issues around classification, working out of class, leaves, benefits, changes to work schedules and worksite accommodations; and
    • on multiple occasions, successfully mediated issues between members and their supervisors when there was no Agreement violation.

    ACE exists solely for your benefit and the benefit of your coworkers but independence isn’t free. It costs money and requires active participation from the membership to work. ACE has been fortunate every time we’ve needed both, the members have stepped up. In return, our independence has allowed us to support our members in a way which being a part of a national or international union never would have allowed us to do, such as forgiving and/or reducing dues when finances allow so you can keep more money in your pocket without sacrificing representation. One of our founding executive officers, Bradley Creamer, webmaster at Foothill said it best, “The most important thing I learned as part of an independent union was the value in making decisions ourselves… and the power to prioritize those important decisions”.

    You can help.

    • Get involved. Officer elections are this month.  We also have an opening for interim chief steward at Foothill. Not your style? Attend a site meeting or send a representative. For DA, meetings are generally held the first Tuesday of the month at noon in Admin 109. For FH/CS, meetings are generally held the third Tuesday of the month at noon in the Toyon Room.  We’ll be serving pizza.
    • Vote.  Throughout the year, ACE will send you surveys to get your feedback.  It’s your feedback that guides your ACE team at the bargaining table.
    • Give feedback, offer solutions. Other than myself, all of the ACE’s officers do this work in addition to their full-time FHDA jobs.  None of us thinks that we have all the answers but we will work with you to find answers to your questions.
    • Speak up. If you are constantly denied vacation because you’re the only one who does your work and your supervisor is concerned how the work will get done without you, tell us. We will work with you and your supervisor to come up with a solution but we can’t help you if we don’t know about it.
    • Be patient.  As my friend and former Foothill Chief Steward Art Hand likes to remind me, everything always take longer than you think. Period.

    As your ACE president, it’s my pleasure to speak with you about any of your concerns and answer any questions you have about your union and the Agreement.  Call or e-mail me anytime.

    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


    Negotiations Update

    Cathleen Monsell, Chair of Negotiations

    On Thursday, Sept. 5, the ACE negotiating team emailed their proposals to the district in advance of the Sept. 9 bargaining meeting.  On Monday, Sept. 9 the district and ACE met to review the proposals.  Scheduling conflicts delayed a second bargaining session onThurs., October 3.  ACE came to the table expecting a response to the proposals submitted last month. We were met with a request to, again, review the proposals presented at the Sept. 9 meeting.  Our labor representative has sent a notice to the district to provide any additional questions immediately to them so both sides can be ready to bargain the next time we meet.  We met on Oct. 17 with some forward progress.  We meet again late Monday, Oct. 21.


    Upcoming Workshops

    Staff Development Leave Application Q&A
    Nov. 6 from 2-3:00 p.m.
    De Anza MLC 233 and ZOOM
    Professional Growth Awards (PGA)
    Nov. 12 from 2 – 3:00 p.m.
    De Anza MLC 233 and ZOOM

    Watch your email for calendar invite.


    Know Your Agreement:Staff Development Leave

    2020-2021 Staff Development Leave Applications Due 12/15
    A workshop to answer application questions will be held from 2 – 3:00 p.m via ZOOM on Wednesday, Nov. 6.   Watch your email for an invite.

    SDL Quick Overview

    • Up to 10 months paid time off at 85% of full pay.
    • To be eligible, you must have completed seven (7) years of service to the District.
    • Applications are due December 15 of the fiscal year preceding the leave.
    • The leave may be used to complete interrupted studies, learn by observing methods used in industry or other educational institutions, or get a substantial start on a goal of better education.
    • During the leave the worker will be entitled to all the benefits of classified contract workers except that only 85% of service time will be credited by the Public Employees Retirement System.
    • During the leave the worker shall earn 85% of the normal credit for sick leave and seniority. No vacation credit shall be earned during SDL.
    • Travel and conference funds and educational assistance are available during the leave. Courses paid through educational assistance cannot be used to qualify for a Professional Growth Award (PGA).
    • Classified hourly are not eligible for SDL.
    • Funding for a minimum of ten (10) SDL leaves are granted annually.

    How are SDLs Funded?
    As part of our negotiated Agreement, SDLs are paid by a separate district fund and have no negative impact on the workers department budget. This allows the department supervisor to hire another staff member to work out of class or use a temporary worker and not wonder how the work will get done while another worker is out on leave.

    How Common Is Staff Development Leave for Classified Staff?
    Out of the 72 community college districts in California representing 114 community colleges, very few offer staff development leave for classified staff. SDL is a negotiated benefit for FHDA classified staff, and while a few other institutions offers SDL, none are as extensive as ours.

     Institution  Paid Benefit  Leave Length  Eligibility
     FHDA  85% of full pay  Up to 10 mo. 7  yr. of service
    Los Rios CCD
    American River, Folsom Lake, Sac City, Consumnes River
      85% of pay  Up to 5 mo.  7 yr. of service
    State Center CCD
    Fresno, Reedley, Clovis
      50% of pay  Up to 1 yr.  5 yr. of service
    North Orange CCD
    Cypress, Fullerton
     100% of pay  Up to 240 hours
    (1 mo.)
     6 yr. of service
    Kern CCD
    Bakersfield, Porterville
     60% of pay
    90% of pay
     Up to 1 yr.
    Up to 6 mo.
     7 yr. of service
    3 yr. of service
     Merced College  50% of pay or the difference in pay
    between worker on leave and a   substitute employee
     Up to 1 yr.  7 yr. of service

    The Application

    • Applications for the succeeding college year must be received by the Director of Human Resources before December 15.
    • Unit members may submit a copy of their request for leave without appropriate signatures by December 15; however, all signatures must be received by January 31.
    • The written application must present a detailed description of the proposed activities of the leave and the potential value of these activities to the District as well as the learning outcomes that are expected from this leave.
    • If the worker intends to enroll in school, the application must identify the educational institution to be attended and, by academic term, a list of courses (with course descriptions) the worker will be taking.
    • The application shall contain precise dates for the beginning and ending of the leave.
    • If a unit member is attending school full time, which is 12 units either semester or quarter for undergrad and 8 units, semester or quarter, for graduate, then the unit member does not have to participate in other activities related to the leave.
    • If the unit member is not going to school full-time, other activities related to the leave must be completed in fulfilling the 12-unit minimum. For this purpose, one hour of activity per week equals one unit and so forth.
    • Any changes to the leave must be submitted in writing to the Director of Human Resources who will consult with the Staff Development Leave Committee, to approve such changes prior to the unit member participation in those changes.

    Staff Development Committee

    • This Committee shall be composed of two representatives of ACE, two representatives of CSEA, and two administrators designated by the Chancellor, one of whom will serve as chairman.For ACE, this is Karen Smith at Foothill and Chris White with ACE.
    • Each application that has been submitted and has received the recommendation of the immediate supervisor and the appropriate administrator shall be forwarded to the Classified Staff Development Leave Committee for review and recommendation to the Chancellor.
    • FHDA Board-approved leaves will be announced by March 1 of each year.

    Returning From Staff Development Leave

    • If a leave is granted, the worker must agree in writing to render, upon return from leave, a minimum of two months of service to the District for each month of staff development leave.
    • Failure to render this service will require the worker to refund the salary paid by the District during the leave.
    • Within thirty days of return from a leave, the worker shall submit a written report to the Classified Staff Development Leave Committee of the activities of the leave, emphasizing the value to the District and the learning outcomes achieved.
    • If the worker attended school during the leave, he or she shall also submit a transcript or other appropriate documentation showing satisfactory attendance and successful completion of the course work as soon as reasonably possible.

    Officer Elections: Oct. 28 -Nov. 1


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

    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)
    Nominations for president is open to all members.  Nominations for campus specific positions are limited to members of that campus.

    A description of each officer’s role and responsibilities can be found here.  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.

    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.

    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.

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


    VEBA: A Post-1997 Medical Benefits Fund


    By Christine Mangiameli
    Foothill College, ACE 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 after July 1, 1997 do not have ongoing medical benefits.  This is most employees today.
    Rising health care costs and the District’s decision to stop contributing to retiree’s health benefits, reached a tipping point for post-’97 employees in 2010.  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.  In 2016, the bargaining units negotiated an $800K one-time District contribution. 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.

    Why is this important to you?
    Time flies.  Think about that for a second, a minute, a few minutes.  It doesn’t feel like anything, but it doesn’t stop.  Now it’s a year later.  Ask anyone; they thought they’d work here a few years, and ten years later they are still one of us.  Each of us will face the day when retire on a fixed income, and this is one of the best benefits our ACE union has negotiated for us.  The highest employee contribution today is $6/month; the current return on that is $100/month.  No one on Wall Street can beat that investment!  We have to think long term, not just about today, and VEBA is designed to be there. Even if you don’t stay with the District until retirement, once you meet the requirements, the benefit is yours when you file for and pay your Medicare premium.  Benefits like these set the standard that non-union employers follow.

    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 trust set up a web site (https://vebatrust.net/benefits/).  Eligible retirees are notified to submit their application and are reimbursed quarterly to offset their Medicare Part B fee.  The current payout rate is $100 a month ($1200/year).  We are looking at ways to increase the benefit payout.
    To help stabilize the VEBA fund, the joint union negotiations on health care and the VEBA Trust Board is keeping an eye on the fund to secure it for all qualified post-’97 retirees.


    Wanted: Interim Chief Steward, Foothill

    by Chris White, ACE President

    Foothill’s current Chief Steward Josh Pelletier has moved up into a supervisor role and will not be able to complete his term with ACE, which ends this Dec. 31, 2019.  We are seeking a replacement to finish his term.  A new chief steward will hopefully be elected in our upcoming elections and begin Jan. 1, 2020.

    ACE strives to have a vibrant, active and engaged membership. Knowledgeable, well versed, engaged stewards are essential to the success of an engaged membership. Stewards primary roles are to:

    • enforce our Agreement;
    • represent workers in grievance and disciplinary proceedings; and
    • build relationships with members and management in the workplace.

    Elected by the membership to two-year terms, ACE stewards serve in addition to their full-time FHDA job. The position is voluntary with ACE providing an optional $250 monthly stipend.  However, most don’t do this work for the money.  They do it because they want to help their colleagues.

    Per our Agreement, release time is granted so stewards can meet with workers and management to resolve issues. It is important to remember there are no definitive answers on the best way to approach an issue but stewards start from the point of view that they will represent a member fairly, in good faith, and without discrimination by:

    • listening to all points of view carefully;
    • working with people on their problems;
    • knowing when to tell management or members they are wrong and saying so (politely);
    • securing the facts;
    • knowing when to ask for help; and
    • understanding the members and supervisors as individuals.

    Article 5.3 of the ACE Constitution clearly defines the role of steward with our organization.  Article 6 of our Agreement grants stewards the right to leave their permanent assignment during work time to perform the duties of a steward.

    Article 5.3 Steward(s) – ACE Constitution
    Chief Stewards from each location are elected to office as part of the Executive Board as described in Article 10. Up to six (6) additional stewards are appointed by the Executive Board. Stewards serve until they resign their position or are removed by action of the Executive Board and/or the Chief Steward. Stewards are members in good standing.
    a. Duties of the Chief Stewards

    1. Chair the Stewards Council and report activities of Stewards to the Executive Board in closed session.
    2. Be responsible for recruiting stewards and presenting candidates to the Executive Board for approval.

    b. Duties of the Chief Stewards and Steward(s)

    1. Represent their respective jurisdiction in all membership meetings in the absence of the members.
    2. Be the first line of contact with administrative or supervisory staff subject to this Constitution.
    3. Be responsible for the enforcement of all applicable collective bargaining agreements in their respective jurisdictions.
    4. Be responsible for holding management accountable for all applicable safety and occupational health laws, rules and regulations, and are responsible for notifying appropriate administrative or supervisory staff of unsafe working conditions.
    5. Shall have copies of the Constitution and all necessary working agreements available at all times.

    Stewardship requires subordination of personal interests to those interests that represent the highest good of the members. Stewards shall have no greater rights than any other member of the ACE.

    Article 6- Steward(s) – ACE Agreement
    6.1 Number –The District recognizes the right of the Union to designate up to 14 stewards and 14 alternates provided that an alternate will be released to perform the duties of a steward only when the steward is unable to perform those duties.

    6.2 Notification – Once a year, the Union shall notify the Director of Human Resources, with a copy to the supervisor, of the names of the stewards and alternates and the group they represent. If a change is made, the District shall be advised in writing of such change.

    6.3 Leaving His/Her Assignment – After notifying her/his immediate supervisor, the steward shall be permitted to leave her/his normal work during reasonable times in order to assist in informal resolution of potential grievances and in investigation, preparation, writing, and presentation of grievances. The stewards shall advise the supervisor of the grievant of her/his presence.
    The steward is permitted to discuss any problem with all workers immediately concerned, and, if appropriate, to attempt to achieve settlement in accordance with the grievance procedure, if possible on an informal basis.

    6.4 Emergencies – If, due to a bonafide emergency, an adequate level of service cannot be maintained in the absence of a steward where he/she is requested to assist, the steward shall be permitted to leave her/his normal work only after the emergency no longer exists.

    6.5 Authority – Stewards shall have the authority to file grievances as specified in Article 12, Section 12.2.2.

    Next Step
    If you’re interesting in serving as chief steward or stewarding in general, please send an email to whitechris@fhda.edu.

  • 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.