Association of Classified Employees Foothill – De Anza

Author: ACE

  • 2025.09.24 Quick Contract Review: Hours and Overtime | Work-Life Balance

    ACE Members,

    Here is a review that got a little lengthy, but covers common situations that we see across the District:

    Hours and Overtime
    Setting boundaries around your work schedule is a healthy habit and supported by our Agreement in a number of ways, but particularly in Article 13 (LINK):

    Manager says, “I need you to rotate your schedule and work different hours periodically.”

    The CBA says:

    13.1 Working Time
    The workweek shall consist of five (5) consecutive days of the same eight (8) hours per day and forty (40) hours per week.

    • Note: Schedules can be modified, but employees should all have a workweek and shift that is consistent week to week. Schedules should also not be adjusted purely to avoid paying overtime.

    Manager says, “It’s an emergency.”

    The CBA says:

    13.2.6.1 Stand-By
    No worker shall be required or requested to be available for handling potential emergency situations or available to answer questions by phone, text, or email after they have clocked out for the day, unless the supervisor has contacted the worker to authorize call-back time to accommodate a special need.

    • Note: ACE members are not emergency workers or required to be on call at all times.

    Manager says, “Sorry to ask after work hours.”

    The CBA says:

    13.2.4 Call Back Time
    Occasionally a worker may be called back for work in the evening or on a weekend to accommodate a special need. In such cases, travel time to and from home will be counted as time worked. In order to make the disturbance of normal time off worthwhile, the pay for combined work and travel time shall be for a minimum of four hours.

    • Note: If a normal schedule does not include weekends or there is a gap between the end of a workday and a request to work overtime, members may be eligible for 4 hours of OT per this contract section.

    Manager says, “I’m sorry the overtime always falls on you.”

    The CBA says:

    13.2.5 Distribution of Overtime
    Overtime shall be distributed among qualified workers in order that opportunities to earn extra pay will be equitably shared and in order that overtime work will not become the burden of a small percentage of qualified workers. Consideration when possible will be given to the personal obligations of workers which may conflict with overtime hours.

    • Note: Records of overtime help document that there is an uneven disbursement and potentially a need for an additional position. Not recording the overtime hides the work.

    Manager says, “I can only offer comp time.”

    The CBA says:

    13.2.3 Compensatory Time Off

    A worker may request compensatory time off in lieu of cash compensation for overtime worked up to a maximum of 96 hours (12 days). Compensatory time shall be granted at the overtime rate. Any overtime worked shall be reimbursed in compensatory time off within 12 calendar months following the month in which it was reported on the time report. If at the end of the 12-calendar month period the worker has not taken the time off, they shall receive overtime pay at the rate that was effective for the worker when the overtime was worked. Compensatory time off may not be carried over beyond these 12 calendar months. The worker has the option of receiving either compensation or compensatory time off for overtime work.

    • Note: It is the worker’s choice if OT is cash or comp time. If the department can’t pay for the time, it can be declined.
    • Note: If comp time balance on a paystub is more that 12 months old, it can be cashed out by contacting payroll@fhda.edu and the department manager/supervisor.

    Manager says, “Why aren’t you picking up your phone?”

    The CBA says:

    13.2.6 Computer Terminals in Home, Contact after Normal Working Hours

    …. Workers will not be disciplined for failure to respond to a call, email, or text message after they have clocked out for the day.

    • Note: If it’s off hours, workers do not need to pick up the phone, check workplace email, etc.

    Ultimately the work environment we don’t want is something like what’s depicted in the movie “Office Space”:

    If this image hits too close to home, please reach out to an ACE Steward. Obtaining adequate staffing to meet the needs of the workplace does not happen by working unreported overtime or working outside the contract. Classified employees are hourly – we receive compensation for the hours we work. We are not salary or exempt from overtime.

    Admittedly this isn’t the warmest and fuzziest message to start the quarter. I’ll follow up with one of those soon along with updates on what ACE has been working on.

    In Service,

    Scott Olsen (he/him) | ACE President
    https://acefhda.org | scott.olsen@acefhda.org  
    650-949-7789 | M-F 8:30am-5:00pm

  • 2025.09.17 Weingarten Rights | Representation in Investigatory/Disciplinary Meetings

    ACE Members,

    Great seeing many of you during the District Opening Day events. I have ACE membership applications if know a new employee in your work area or someone who has not yet joined as a union member. Feel free to also approach me or any ACE rep with questions or to schedule time to pursue workplace issues.

    —

    The following message was prepared by the Booth Law Group:

    This is an important reminder about your Weingarten Rights—your legal right to union representation during any investigatory meeting that could lead to disciplinary action.


    What Are Weingarten Rights?
    You all have the right to request union representation during meetings with management when:

    1. The meeting is investigatory in nature, and
    2. The employee reasonably believes it could result in disciplinary action.

    What You Need to Know
    You must affirmatively request representation. Management is not required to inform you of this right—you must ask.

    If you’re called into a meeting with a supervisor and it appears the purpose may involve questioning that could lead to discipline, stop and request a union representative immediately.

    If representation is denied:

    1. Do not refuse to stay in the meeting.
    2. Do not answer any questions.
    3. Politely state that you are invoking your Weingarten Rights and will not respond without a union representative present.

    Allow management to continue speaking, but do not engage in the discussion.

    Immediately contact ACE for assistance after the meeting. 

    If you are unsure whether a meeting could lead to discipline, it is always safer to ask:
    “Could this meeting lead to disciplinary action? If so, I would like a union representative present.”

    You have the right to fair representation. Protect yourself by exercising your Weingarten Rights any time you’re unsure about the nature or outcome of a meeting with your supervisor.

    If you have questions or need support, please contact an ACE representative immediately.

    Anthony G. Booth 

    Attorney

    —

    In Service,

    Scott Olsen (he/him) | ACE President
    https://acefhda.org | scott.olsen@acefhda.org  
    650-949-7789 | M-F 8:30am-5:00pm

  • 2025.09.09 Benefits Negotiations Update from Chris Chavez, Chair of Negotiations

    Benefits Negotiations Update from Chris Chavez, Chair of Negotiations:

    Hello Everyone,

    The Joint Labor Management Benefits Committee (JLMBC) comprised of all the bargaining units the Association of Classified Employees (ACE), the California School Employees Association (CSEA), the Faculty Association (FA), the Police Officers Association (POA), and the Teamsters, entered into a MOU with the district on the employee contribution for health benefits for the 2026 calendar year.  

    As negotiated last year, our employee contribution stands at 15% of the total cost of the chosen benefit plan, where the district contributes the other 85%.  Our interest this year was to maintain the 15% contribution level at a minimum, while attempting to ensure any rate increases would not impact our membership.  In the past, we have traditionally negotiated an across-the-board contribution rate. However, due to significant rate increases to certain plans, this was not feasible from a fiscal standpoint.

    To mitigate the rise in cost, particularly for members with dependents, the bargaining units and the district had the mutual interest of categorizing our benefits options into low-cost, medium-cost, and high-cost tiers based on premium levels to spread out this cost as equitably as possible. Below are the breakdown of each plan tier and the employee contribution for each tier:

    The low-cost plans include: 

    • Kaiser HMO 
    • PERS Gold PPO 
    • Blue Shield Trio HMO 
    • UnitedHealthcare Signature Value Harmony HMO 
    • Western Health Advantage HMO 
    • PORAC PPO 

    For low-cost plans: employees will contribute 10.5% of the premium for employee-only coverage, and 13.5% of the premium for employee plus one dependent and family coverage. 

    The medium-cost plans include: 

    • Blue Shield Access+ HMO 
    • UnitedHealthcare Signature Value Alliance HMO 
    • Anthem HMO Select 

    For medium-cost plans: employees will contribute 14% of the premium for all coverage levels. 

    The high-cost plans include: 

    • PERS Platinum 
    • Anthem Traditional HMO 

    For high-cost plans: employees will contribute 15% of the premium for all coverage levels. 

    PERS Gold PPO: employees will contribute 11.2% of the premium for all coverage levels. 

    Employee contributions for Vision and Dental stay at their current rates.

    One quick note you may have noticed is that all singles with no dependents enrolled in a low-cost plan will see their contribution decrease slightly for almost all plans (e.g. singles on the Kaiser HMO plan will see a modest decrease of $23 per month).

    In years past, the district was able to use the Rate Stabilization Fund (RSF), which was a separate pot of money the district would use for one-time funds to mitigate such a rise in cost to employees.  However, the district chose to eliminate that pot of money, as is their fiscal right to do so, but the bargaining units reminded the district this was their decision and that it did not give them the right to pass the financial burden onto employees due to the lack of the RSF. To which the district accepted.  This is another example of the power of solidarity and collective bargaining and how ACE serves you, the membership.

    A reminder that open enrollment begins in October. HR will provide a number of tools to help employees compare plans so they may make the best decision for themselves and their dependents.

    Chris Chavez

    Chair of Negotiations

    —

    Message from Scott Olsen, President:

    ACE Members,

    Attached is the JLMBC Plan Year 2026 Detail spreadsheet which shows the background information on plan increases. This is a snippet of what union negotiators are presented with in the Joint Labor Management Benefits Committee. The rising cost of healthcare is a real issue for employers and employees. Collectively we did our best to create a proposal that was reasonable despite premium rate increases of 5% to 13% to our plans with the most enrollment. Initially there was a desire from the district to set an 85/15 (Employer/Employee) cost split and a ceiling at 1.7$mil in additional costs paid by the district. By the end of negotiations we created a different model with a district contribution of 2.2$mil.

    As a reminder, we negotiate the premium contributions for the menu of CalPERS plans – we do not negotiate the details of the plans themselves.

    Our next task is seeking a salary increase and improving the collective bargaining agreement. Stay tuned for more updates and look out for announcements about voting on tentative agreements made by the ACE negotiations team. If a colleague did not receive this message, they may not be a member. Please communicate the value our union brings to this workplace. Without representation our employer would have free reign to impose unilateral decisions.

    Note: I’ll manually forward this message to employees who’ve recently submitted membership application forms (LINK).

    In Service,

    Scott Olsen (he/him) | ACE President
    https://acefhda.org | scott.olsen@acefhda.org  
    650-949-7789 | M-F 8:30am-5:00pm

    JLMBC-MOU-Benefits-Plan-Year-2025-FINAL-Signed.pdf
    JLMBC-PY2026-Rate-Detail.xlsx