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2023.06.01 Update – President’s Message, Pride At Work, June 6th Site Mtg, Campus Safety, Unpaid Wages

ACE Members,

President’s Message
These update messages are intended to answer the questions, “what is ACE doing?” and, “what do I need to know as a member?” Rarely will I include a information if there isn’t an action or member demand behind it. On a personal action note, next week I’ll be out of the office and away from technology while participating in AIDS/LifeCycle (LINK.) The $5,000+ in funds I’ve raised go toward the San Francisco AIDS Foundation (LINK) to promote health, wellness, and social justice for communities most impact by HIV. It seems fitting to announce as Pride Month beings and especially important to demonstrate solidarity with the LGBTQ+ community. During training for the 545-mile event I’ve already ridden with a very supportive group. I do my best communication through actions – “walk the talk.” Raising money for a worthy cause and riding from SF to LA with ~2,000 people hopefully says something supportive.

Pride At Work
PrideAtWork.org has an informative “Union Guide to Discussing LGBTQ+ People and Issues” document with language and concepts related to the LGBTQ+ experience in the workplace (LINK.) It’s worth familiarizing yourself with the terminology, or refreshing your understanding, prior to having discussions. The same site also includes model contract language regarding health insurance, leaves of absence, and non-discrimination (LINK) which already appears in our own agreement:

  • Article 18 – Benefits
    • 18.1.4 A dependent shall be defined as the employee’s spouse or domestic partner and any child who is claimed as an allowable dependent on the employee’s federal income tax return.
  • Article 10 – Leaves
    • 10.15 For purposes of this article only, the definition of “immediate family,” when used in connection with any leave provided in this article, shall mean: Husband, wife, domestic partner, mother, father, sister, brother, son, daughter, grandparent, grandchild, parent-in-law, foster parent, step parent, step child, foster child, brother-in-law, sister-in-law, son-in-law, or daughter-in-law. “Immediate family” shall also include any relative of the worker, or of the worker’s spouse or domestic partner living in the immediate household of the worker.
  • Article 2 – No Discrimination
    • The District shall not discriminate against a worker based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, gender identity, union activity or any other legally protected status, or on the, basis of these perceived or based on the association with a person or group with one or more of these actual or perceived characteristics.

LGBTQ+ rights are workers’ rights. The Association of Classified Employees continues to create an environment that is free from discrimination and violence though adding and enforcing actionable language to our agreements. Revisions are planned to our updated 2021-2024 Agreement to change gender specific language to be more inclusive of non-binary gender identities.

June 6th De Anza / Central Services Site Meeting
This meeting will be hosted by VPs of De Anza and Central Services, @Vins Chacko and @William Baldwin. Our attorneys from the Booth Law Group also attend site meetings. They are the best opportunity to communicate amongst members about what’s occurring at each worksite, let the ACE executive board know what’s important to you, and get you questions answered, like:

  • Can my manager/supervisor adjust my schedule to avoid paying overtime? (Um, no. That’s a violation of labor law.)
  • What do I do if the district hasn’t paid me what they’ve agreed to months ago? (File a wage claim – LINK.)
  • What’s the latest on campus safety and panic buttons? (This is its own topic.)

For those who are unable to attend, you can always reach out to an Executive Board Member for an update (LINK.) These update messages sent via email also capture many of the same hot topics that are discussed in site meetings.

Campus Safety
Chief Acosta held a townhall yesterday at Foothill to provide broad answers to questions about campus safety. Some brief takeaways:

  • Campus police has done a great job of responding to threats that are received via email. If you are the recipient of a threat, forward the message to @Daniel Acosta and cc @Scott Olsen. They are taken seriously and investigated.
  • There will be a virtual Run Hide Defend training on Thursday, June 8th from 11am-1pm.  Register (LINK) or email @Joy Garza with questions.
  • There has been an ask for working panic buttons in a number of locations on each campus. At times this can be a departmental budgetary hurdle, but it is worth talking to your supervisor/manager to express the desire for a panic button. Guidance from the FHDA PD on how to respond to a safety emergency suggests other means may be more informative, such as:
    • A 911 call.
    • A 911 call left off the hook.
    • A text message sent to 911.
      • The ability to get more information regarding the emergency helps officers know how to respond and what to look for when they arrive. Panic buttons alone don’t provide supporting information but are an effective tool to notify campus police that they are urgently needed.
  • Each campus also has different systems and devices for automated door locks. This requires coordination between departments and planning during construction. Unfortunately improvements such as these may take a long time due to costs and logistics.
  • Campus behavior intervention teams have also been very successful in addressing potential risks before they become a safety emergency.

Follow-up with @Scott Olsen and we can advocate or investigate plans for hardening a work area. You may also be able to schedule a visit from @Daniel Acosta and/or @Joy Garza for a workplace specific safety assessment.

Unpaid Wages
Members are stepping forward to submit claims with the local labor commissioner but the more of us who file a claim, the brighter and hotter the spotlight shines on the issue. If you aren’t getting paid appropriately, please contact @Scott Olsen, Anthony Booth, or Bradley Booth for more information. Filing these claims demonstrates that this issue is important on behalf our membership. Even if your household can afford to wait for a retroactive payment, many of us cannot. As an incentive, fines are payable to the employee.

Note: Our colleagues in Payroll do wonderful work and provided great workshops on Professional Development Day. To clarify, they work under the direction of management in Human Resources. If you have a payroll issue, please reach out to @Scott Olsen or a steward to assist in resolving it.

In Solidarity,

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

2023.05.25 Update – Wage Theft, New Chancellor, CalPERS PEPRA May Additional Deduction, Update Rewind, Translation Services

ACE Members,

President’s Message
During Classified Professional Development Day, which kicked off this week of appreciation events, a question during the opening session asked about what the best part of working for the district was. Many respondents including myself agreed that it’s our colleagues. I’ve said before that what gave me confidence to serve as ACE president is the people that I would be advocating for. As a Client Systems Specialist, I’ve been in enough offices at both campuses, the district office, Sunnyvale, HOPE sites, to know that you are all dedicated to supporting each other in service of the overall mission of serving students. Thank you for your contribution – soak up the praise – we as ACE will negotiate for our raise ✊

Wage Theft / Timely Payment of Wages
After review and consultation, ACE is beginning to assist members in filing complaints with the Labor Commissioner’s Office that fit the definition of wage theft (LINK). “Not receiving agreed upon wages” is one of their examples. Many of us have experienced significant delays(multiple months) in being paid appropriately following the discovery of an inaccuracy or a new agreement for a salary adjustment.

This would be a violation of labor code 210 (LINK) and penalties would be payable to the employee:

  1. For any initial violation, one hundred dollars ($100) for each failure to pay each employee.
  2. For each subsequent violation, or any willful or intentional violation, two hundred dollars ($200) for each failure to pay each employee, plus 25 percent of the amount unlawfully withheld.

Contact @Scott Olsen for more information on how to file a claim. We can connect you with our attorneys to determine if your specific situation falls within the scope of the Labor Commissioner’s Office. You can also contact them directly for information:

Labor Commissioner’s Office (San Jose)
100 Paseo de San Antonio,
Room 120
San Jose, CA 95113
(408) 277-1266
LaborComm.WCA.SJO@dir.ca.gov

Open Monday to Friday:
9:00 AM – 12:30 PM
1:30 PM – 5:00 PM

We are anxious to receive a determination on initial claims that have been submitted so far. Members stepping forward to call out the long held practice of “we’ll pay you when it’s convenient for us” is necessary to set a higher standard for what we expect as employees of the district.

New Chancellor
The Board of Trustees announced their choice for the person they found to be the best fit to fill the chancellor position – press release available online (LINK.) Honest communication goes a long way toward establishing a relationship, but it is really actions in their new role going forward that they will be measured by. How does this person value the contributions classified professionals? Respond to working with labor unions? Create an equitable environment for employees? Listen to what they say. Look closely for evidence that supports their claims.

Onboarding by ACE members and an introduction to the supportive culture at the district can help set a tone for how we operate. Undoubtably there will opportunities to interact at events to be announced, such as district opening day, to bring this new chancellor into the fold.

Upcoming Additional CalPERS Employee Contribution for 2.5% Salary Increase Now Being Pensionable (Reminder)
CalPERS members hired after 2013, or PEPRA (Post-Employee Pension Reform Act) members, will see an additional deduction on their May paychecks to pay for the employee contribution for making a “temporary” salary adjustment pensionable. The average deduction is $190 (median $205). Contact @Scott Olsen for the exact amount or this would create a financial hardship.

This additional deduction is a result of winning our lawsuit against CalPERS, which determined that the OSSP-np line item (off salary schedule payment-non pensionable) was actually pensionable for all of our members. Not only does this affect the past salary schedule increase, it will be precedent setting in the event we negotiate for future one-time salary increases and both PEPRA and Classic members will be treated equally.

Update Rewind
If you didn’t see the previous update (LINK), it includes a significant negotiations update regarding the governor’s May revise of the 2023-2024 state budget (COLA) and items we are expecting to start negotiating which will appear on the June 12th Board of Trustees agenda, such as vacation, remote work, a change in the probationary period (12 mo. ➡️ 6 mo.) , layoff procedure, and discipline procedure.

Translation Services
If at anytime there is a need for union information to be translated or a translator to be present during a meeting, contact @Scott Olsen. Our attorneys have experience contracting with outside groups or we are able to call for translators from amongst our members.

In Solidarity,

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

2023.05.18 Update – Layoff Update, Additional May CalPERS Paycheck Deduction, May Revise, COLA, Contract Negotiations

ACE Members,

President’s Message
The FHDA CCD Board of Trustees agenda had yet to be released prior to the previous ACE update message, but you can see what was discussed and acted upon on May 1st (LINK). “Ratification of Contracts”, the “Human Resources Report”, and the “Human Resources” specific sections are items I pay careful attention to – Is there an attempt to contract out our work? Who’s been hired? Who’s earned a PGA? Who’s resigned or retired? Are there new MOUs or agreements with labor groups? All the answers are there. On the June 12th agenda we have made it clear that we are expecting to see our updated 2021-2024 Agreement and our sunshine letter, which legally kicks off the contract negotiations process. While the text of our 2021-2024 Agreement will be very similar to 2018-2021, there are updates which are long overdue for us to literally be on the same page when it comes to understanding conditions of employment. The Agreement is a foundational document that we refer whenever there are misunderstandings about an employment practice or questions about how to proceed – it’s akin to a game’s rulebook but attorneys are involved on both sides.

I recognize almost everything takes longer than expected but we do need capacity on the District administrator-side to take care of business without having to file lawsuits, grievances, and unfair labor practice charges. The June agenda along with how our negotiations go forward will be telling. As members I encourage you to pay close attention, be engaged, and ask questions.

Layoff Update
As a reminder, current layoffs are not due to a shortfall in the general fund and are not the fault of the affected employees. ACE continues to work with the Associate Vice Chancellor of Human Resources to place employees into positions in which they hold seniority or find comparable alternative positions, per Article 11 of our Agreement. We also continue to scrutinize the use of temporary employees and contractors to argue for permanent benefitted positions to be created where it has been demonstrated that there is an ongoing need. Thank you to those who’ve brought examples of misuse to our attention.

Upcoming Additional CalPERS Employee Contribution for 2.5% Salary Increase Now Being Pensionable
CalPERS members hired after 2013, or PEPRA (Post-Employee Pension Reform Act) members, will see an additional deduction on their May paychecks to pay for the employee contribution for making a “temporary” salary adjustment pensionable. The average deduction is $190 (median $205). Contact @Scott Olsen for the exact amount or this would create a financial hardship.

This additional deduction is a result of winning our lawsuit against CalPERS, which determined that the OSSP-np line item (off salary schedule payment-non pensionable) was actually pensionable for all of our members. Not only does this affect the past salary schedule increase, it will be precedent setting in the event we negotiate for future one-time salary increases and both PEPRA and Classic members will be treated equally.

Negotiations and the May revise of the Governor’s 2023-2024 State Budget (by Chris White, chair of negotiations)
Last week, the Governor released the May revise for the proposed 2023-2024 state budget.  I would encourage you to read the full proposal as it relates to CCCs.  You can find it here: https://ebudget.ca.gov/2023-24/pdf/Revised/BudgetSummary/HigherEducation.pdf.  

The part most people want to know, is the cost-of-Living adjustment (COLA). It crept up from 8.13% in January to 8.22%.

WOOHOO!  That means we’re getting an 8.22% COLA!  Not so fast.  For FHDA, COLA is not an automatic pass through, and we must bargain any increase.  A couple of facts about this state budget proposal:

  1. The legislature and the governor must agree and sign it by June 15, which means there is still time to negotiate.  Historically, it hasn’t changed much from the May revise proposal, but this COLA is funded differently.
  1. A portion of this COLA is funded through one-time funds.  That can be problematic down the road and may have an impact on the final budget.  The Legislative Analyst’s Office outlines some of those concerns here: https://sbud.senate.ca.gov/sites/sbud.senate.ca.gov/files/May%2017_Higher%20Ed%20May%20Revise.pdf
  1. FHDA has its own budget issues with over a decade of declining enrollment, increasing costs, and the ending of hold-harmless funding in 2024-25.  When this happens, we won’t lose funding, we also won’t get any new funding (like COLAs) until our enrollment matches the funding the state has been giving us despite fewer students (its pegged to 2017-2018 enrollment).  That means unless we increase our FTES on average by 1,000 over the next three years or we get a five percent or more COLA each year during that same time period, both are highly unlikely, wages will most likely remain stagnant.  

So, what are we getting?  Your negotiations team will do everything to be fair in our proposals to help our members get a COLA that works for them now and in the future.

As I mentioned in my last update, we are expecting our proposals to go to the board of trustees’ June 12 meeting.  In addition to the articles, we are opening – 8 (pay and allowances), 9.2 (Vacation), 13.2.6 (Remote Work) and 18 (benefits) – you’ll see some additional items which need to be amended due to changes in the law.  They are:

  • Articles 3 – Union Security – this is the elimination of fair-share fee payers from the 2018 Janus supreme court decision.
  • Article 7 – Employment Practices – this is a change in probationary status where the maximum is now six months. Ours is currently 1 year.
  • Article 10 – Leaves – this is a change in parental leave (12-weeks at 50% of pay, can’t be supplemented with any other leave). Change says the max is 12 weeks within a 12-month calendar.  If you use sick/personal/vacation to be covered at 100%, the number of weeks you used is subtracted from the 12-week total that parental leave allows.  You still can’t use parental leave + your earned leave to accrue 100% of your salary.
  • Article 11 – Layoffs – sets March 15 notice deadline and requires the option to have an administrative hearing to demonstrate the layoff is due to a lack of work or lack of funds.  
  • Article 16 – Discipline – changes the length of time from one year to two that the district can’t initiate any disciplinary action for any cause alleged to have arisen prior to the worker becoming permanent nor for any cause alleged to have arisen. 

In solidarity
Chris, chair of negotiations

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

We hope to see many of your tomorrow at Classified Professional Development Day.
Be sure to connect with your ACE representatives (LINK).
What’s the difference between ACE and Senate? (LINK).

In Solidarity,

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

… and happy bike to wherever day(s) 🚲(LINK).