Author: ACE

President’s Message

As we wait for the next steps in the classification study and negotiations (see below for updates), this is a good time to remind you of the other important component to our labor organization, representing members to management.

Access to representation was one of the main reasons we chose to become an independent union. Today, it is where we spend the bulk of our resources. Why don’t you hear more about this? Personnel matters are confidential and we take that seriously.

ACE represents its members in:

• Issues around disciplinary action and to assure that the agreed upon process has been followed. Sometimes the issues can be easily resolved with further examination of the Agreement; and
• Violations of the labor code or education code, like your supervisor assigning overtime work and refusing to give you a choice between being paid out through comp time or overtime pay.

There is no formal mechanism to resolve non-contractual disputes. ACE is willing to consult and mediate these situations, but the District is under no obligation to do so.

ACE does not represent its members in:

• Discrimination cases, which are to be handled by the Department of Fair Employment and Housing (DFEH), http://www.dfeh.ca.gov, and the Equal Employment Opportunity Commission (EEOC), https://www.eeoc.gov.
• Workers’ Compensation Claims
• Disputes between members because we have a responsibility to represent all ACE members. It is your supervisor and/or human resource’s responsibility to address these disputes.

If you find yourself dealing with possible disciplinary action or an issue instigated by human resources, payroll or benefits, please contact your chief steward immediately. Representation is covered by your dues and we are here to help.

Of service,

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

Retirement Workshop

Friday, May 5 at De Anza College
Conference Rooms A&B, Fireside Room
11 a.m. – 4 p.m.

Hosted by the Faculty Association (FA), this Retirement Workshop is open to ALL district employees. The workshop will include sessions from CalPERS, CalSTRS, Social Security, and Medicare. Employees at all stages of their career are encouraged to attend. It is never too early to plan for your retirement. No RSVP required.

11:00 a.m.
Registration, Hand-outs, and Greetings

11:15 a.m – 12:15 p.m.
CalPERS Basics: Public Employees Retirement System

12:15 – 12:45 p.m.
District Benefits in Retirement for Full-time Employees

1:00 – 2:00 p.m.
Social Security – For full and part-time employees.

2:15 – 3:15 p.m.
ACE Classified Staff Benefits and Retirement Options
Includes Article 17 (Retirement) and Article 17B (Pre-retirement Reduction in Contract).
This session will be held in the Fireside Room.

Negotiations Update

By Cathleen Monsell, Chair of Negotiations

I am looking forward to being the Chair of Negotiations and learning all the nuances of successful negotiations on behalf of ACE members.

On March 29th, we had our first negotiations meeting with the District. Due to unforeseen circumstances not all District negotiators were able to attend and the meeting needed to be postponed. At this meeting ACE presented proposals for the following Articles:

• Article 8.6 – Professional Growth Award.
• Article 9 – Holidays and Vacations as it relates to the Cesar Chavez holiday.
• Article 14 – Worker Expenses and Materials as it relates to Educational Assistance and Travel and Conference Funds.

Our next meeting with the district is scheduled for April 26.

Classification Study: Supervisor Comments and Follow-Up Interviews

by Chris White, ACE President

March 31 was the deadline for supervisors to submit PDQ comments on the position(s), filled or vacant, which they manage. Human resources (HR) sent clear instructions to supervisors that they were not to change anything an employee had written on their PDQ. They also clarified that the supervisor’s role during this phase of the study was to verify the duties and add additional information that they saw fit in terms of what is expected/not expected of the position, emphasising their comments should be about the position and not the incumbent. Over spring break, Myisha Washington in HR prepped and sent the PDQs to the consultants for review.

If you would like to review your supervisor’s comments, please send an email to Myisha Washington, washingtonmyisha@fhda.edu in HR and copy ACE President Chris White, whitechris@fhda.edu, requesting a copy of the completed PDQ for your position. Please keep in mind:

• Your supervisor does not have to agree with your answers. Your supervisor may see something that you overlooked and add it in their comments. They have been asked to clarify their comments or review the areas which they disagree.
• The consultants, who are an impartial party and are very experienced in job analysis, may contact you or your supervisor, or department head if they need to clarify or need additional information related to the PDQ.
• You may not request a copy of a completed PDQ for any position other than your own.

Next Step: It will take the consultants several weeks to review the information on the PDQ’s and determine where follow-up interviews are needed. We anticipate follow-up interviews to take place in late April/early May. Watch your email for more information and invites. During this process, it is important to note:

• The follow-up interviews are meant to collect additional information regarding job duties performed within classifications that may have been missed when filling out the PDQ, address discrepancies between employee and supervisor comments, and help the consultants determine how job descriptions line up in our current classification system.
• Each employee will have the opportunity to be interviewed by Koff & Associates.
• Employees in a classification with only one position will be interviewed by the consultant.
• If you did not fill out a PDQ, you may still be asked to participate in a follow-up interview.

REMINDER: Classifications are generalised and not every word from the PDQ will be on the final classification descriptions.

Voluntary Transfers

Voluntary Transfers, Article 7.4.1, are meant to increase job opportunities for permanent classified staff with the district by opening vacant positions to internal candidates first. A transfer is a non-disciplinary change in a permanent employee’s work assignment to another workstation within the same classification or to a position in another classification at the same or lower salary range as the current salary range of the employee. ACE negotiated a new process in October 2015 in response to members’ concerns that the opportunity to transfer was not transparent and help address frustration that current FHDA employees weren’t given first consideration before positions opened to external candidates.

As part of the voluntary transfer process, the District agreed to:

• Send an email to all FHDA employees about transfer opportunities; and
• Give internal candidates five (5) business days to submit an application for the position to HR for consideration before it is opened to external candidates.

To be eligible to apply for a transfer:

• An employee must meet the minimum requirements for the new position and not be on probation.
• The new position must be equal to or lower than the employee’s permanent classification level. The job title doesn’t need to be the same, just the classification level (46, 48, 52 etc.).

Frequently asked questions:

1. I want to transfer. I meet the minimum qualifications and have the most seniority, do I automatically get the position? No. This process gives qualified internal applicants the opportunity to apply and interview for a position before it is opened to external applicants.
2. Can I request a transfer if a position is open but hasn’t been advertised? Yes. You may ask the hiring manager who oversees the open position for the transfer, but they still have the final say on how they want to proceed. To help maintain transparency, many follow through with the new transfer process.
3. I submitted my application within five (5) days, what happens next? The hiring manager will review applications and interview qualified applicants as appropriate. At a minimum, the hiring committee for the internal hiring process will consist of the hiring manager, an ACE member appointed by ACE, and an EEO designated by HR. As always, the hiring manager has the final say in who they choose for the position.
4. I missed the five (5) day submission time period, can I still apply? Yes, but the posting is opened to outside candidates and you will go through the formal FHDA hiring process.
5. The position is at a lower level than my current one. Will my pay stay the same? A voluntary transfer to a lower classification may result in a salary reduction. You will be placed on a salary step in the lower range which corresponds in credit for years of service to that which was provided in the higher range. In no case, shall the new pay level exceed the maximum salary for the lower classification.
6. If more than one internal applicant is interviewed, the person with the most seniority gets the position? No. Seniority is not a factor in this process. The hiring manager gets to choose.
7. I wasn’t selected during internal candidate interviews, can I ask to be included in the interview pool with outside candidates? No. The hiring manager has made their determination. If no internal or external candidate is selected and the position is readvertised, you may once again apply for the position.
8. I was selected for the position, but my old boss says I can’t transfer until they can find my replacement. Can they do that? No. The change in assignment shall be made as soon as practically possible, but it can’t be delayed longer than fifteen (15) working days after HR has been notified officially by the hiring manager that a worker has been selected for transfer.
9. Am I on probation with this new assignment? Yes. There is a six (6) month probationary period for the new position only (you still retain permanent status with the District) and you will be evaluated in the same manner as a new employee. If you are released from the new job during the six-month probationary period, the Director of Human Resources shall reinstate the worker in the formerly held position, if available, or a position in the class in which he/she has permanency

President’s Message

Participating, sticking together, and educating potential members and the public about ACE are simple, everyday ways we can support our labor organization. Here are a few others:

• Attend monthly site and board meetings regularly. Site meetings are held at noon. De Anza’s are generally held the 1st Tuesday of the month; Foothill and Central Services site meetings are generally held the 3rd Tuesday of the month. Can’t make a meeting? Talk to your Vice President or other members about what took place.
• Stay informed. Read your email and bookmark www.acefhda.org for updates.
• Participate in elections. Your vote is your voice.
• Get to know your steward. As your primary contact with ACE, they can answer many of your questions or refer you to the appropriate resources.
• Know your agreement. Available online at www.acefhda.org.
• Spread the word.  If you hear about an issue that concerns you, tell your coworkers and show them how to get involved. Educate others.
• Serve as an ACE officer.  With the exception of the ACE Recorder, all of the positions on the ACE Executive Board and Negotiators are elected by the membership.

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

Dues Forgiveness in March 2017 Paycheck

ACE will forgive dues in your March paycheck (March 31st).  For Classified Hourly employees, this will be reflected in your April 15 paycheck.

Last September, ACE permanently reduced dues by 10% but we also promised to monitor our budget, and if finances allowed, we would forgive one month in spring.  We are making good on that promise.

PDQ’s and Next Steps

by Chris White, ACE President

Approximately 75% of you completed the position description questionnaire (PDQ) and it is clear you put a lot of time and thought into your responses.   Thank you.

Next steps:  Managers have until March 31 to make comments on the PDQs you submitted and/or complete a PDQ for any classification under their purview which was left unanswered.  After the 31st, the PDQ’s are sent to the consultants who will begin the review process. Based on their recommendations, follow-up interviews will be scheduled with employees and supervisor, even if a PDQ wasn’t submitted. Not everyone will need to be interviewed but we will work with the consultants to make certain our members feel heard throughout this process.  The interviews will most likely be scheduled for late April.

A few reminders:

• This s not a performance evaluation. After the 31st, if you wish to review your supervisor’s comments, we will work with HR to give you access to your PDQ.  While this process is about the position and not the person, I also recognize not everyone is comfortable having their information made public so we will not be posting the PDQ’s.
• This is not a staffing study. The consultants are reviewing tasks being performed to make certain they are assigned to the appropriate classification. Their job will then be to make recommendations for any changes they feel are appropriate. ACE and the district will negotiate, ultimately with your approval, on whether or not to implement the recommendation(s).
  • They base their job analysis on: Education, training, and certification or licenses required to do the job; experience needed by a new hire;  independence of action performed; responsibility of resources; supervision received or given to others; consequences of actions; working conditions; and physical and mental demands.
  • The volume of work a position is performing is not a factor in classification.   If you have absorbed more duties due to vacancies, it is incumbent upon you to have a conversation with your supervisor to prioritize workload and determine what can be eliminated. If your supervisor says it all needs to be done, call your ACE steward and we will work with you and your supervisor to get this addressed.  By not filling vacancies or combining positions, the administration has made the decision that they are willing to sacrifice this work. FHDA is very lucky to have so many conscientious employees who want to make sure students aren’t impacted by these decisions but when you do the added work there is no incentive on the district’s part to add more staffing. Their goal to get the work done has been met.
• Classifications are generalized.  Not every word from the PDQ will be on the final classification descriptions.

As we move forward, your participation will become even more critical in developing a classification system which will affect our unit for years to come.  Just because the results may not affect you right now, doesn’t mean they never will.

Retirement Workshop, Friday, May 5 at De Anza College

Hosted by the Faculty Association (FA), this Retirement Workshop is open to ALL district employees.  Tentatively, the workshop will include sessions from CalPERS, CalSTRS, Social Security, and Medicare.  Employees at all stages of their career are encouraged to attend. It is never too early to plan for your retirement.  More details to come.

Access & Control –  Your Independent Labor Association
By Bradley Booth, ACE Attorney

For many years ACE was represented by the SEIU, an international union affiliated with the AFL/CIO. SEIU collected the dues and sent a labor representative to represent members on grievances and in bargaining. There was little or no access to a labor attorney. Because SEIU collected the dues, they alone determined how they were spent. The majority of the funds were spent on the labor representative, but also on lobbying and political contributions.

In 2009, a majority of members decided that they wanted a different type of representation. They formed a labor association that would be strictly controlled by non-supervisory white-collar classified employees, employed by the Foothill-De Anza Community College District (FHDA). An election was held and a majority of the classified employees voted to leave SEIU and formed what is now known as the Foothill-De Anza Association of Classified Employees, or ACE. ACE is formed as a 501(c)(5) non-profit corporation and is tax-exempt by both the federal and state taxing agencies. ACE is the state certified exclusive bargaining representative for all white-collar, classified employees at FHDA.

ACE is governed by a constitution, which allows members only to vote in elections, for changes to the constitution and for any collective bargaining agreements. Anyone employed at FHDA in a white-collar job can and should be a member of ACE in order to contribute – not only to collective bargaining – but for the betterment of your colleagues and working conditions. ACE represents all employees, regardless of membership, in all matters relating to the collective bargaining agreement. That includes not only bargaining but also enforcement of the agreement and assurances that all employees are treated properly under the agreement and the California Education Code.

One of the advantages of leaving SEIU was the total control over dues revenue. Employees of FHDA determine how and on what dues are spent, eliminating any concern over them being spent on political or social issues that don’t directly benefit all of the members. The ACE Board of Directors set up a Political Action Committee (PAC) which is funded solely by voluntary contributions and is limited to expenditures on issues which directly relate to FHDA, such as Board of Trustee elections, bond measures, and other tax assessments.

Another major advantage as an independent union is the unlimited access to legal and labor representation. Your ACE Board hired the Booth Law Group to provide representation to its members, the Board of Directors, negotiations, and meetings with the District. The Booth Law Group also provides ACE with access to an attorney, at all times, for the President and the stewards and when necessary for members and fee payers. This relationship has allowed ACE to file a lawsuit on a representational issue, file unfair labor practices and arbitrations without any additional cost to the ACE.

In order to have an effective voice in the representation of all ACE employees, ACE urges everyone to become a member; and, to be actively involved in this vital organization, for the benefit and betterment of all ACE represented employees.