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2022.09.19 Update – President’s Soapbox, COLA Retro, Elections, Dues Committee, COVID-19

Written by ACE

ACE Members,

President’s Soapbox
During the summer I had the chance to interact with union leaders from around the globe at Labor Notes 2022, from Higher Education Labor United(HELU), and from the Public Higher Education Workers(PHEW) network. Initially I came to each looking for advice, but then quickly came to understand that ACE is already built to win. We are a model member-driven labor organization that others are looking to emulate. Recently we’ve been able to bargain for the classification study, the process to substitute professional growth award hours, the remote work stipend, and the 5.07% plus 5.56% salary schedule increases (that’s 10.91% over two years) with retroactive pay. Consistently we are able obtain the workplace improvements we collectively want. In addition to negotiated items we keep all parties accountable to our agreement, labor law, and ed code. We defend our members against unfounded unilateral salary adjustments, overpayment claims, and disciplinary actions. I’m thankful to every member who contributes to making ACE a strong organization that we can all take pride in.

COLA Update
At last Monday night’s board of trustees meeting, on behalf of ACE, I thanked ETS, HR, and Payroll for their work in processing retro pay for the negotiated FY21-22 COLA increase, which is planned to appear in September 30th paychecks. Susan Cheu from business services claimed there are plans to increase staffing to support this work in the future, but here is where we are now in the process:   

✅ FY21-22 5.07% Ongoing (Completed – June 30th)
✅ FY21-22 Retro (Completed – September 30th)
❓ FY22-23 5.56% Ongoing (Pending)
❓ FY22-23 Retro (Pending)

As soon as I receive updates with specific timelines, I will pass that information on to all members. The impact of inflation in an already high cost of living area has put many member’s households in a difficult financial position. Paying out salary increases demonstrates a sense of respect for our work and shows that we are a priority for the district. ACE will continue to advocate for full staffing in district departments to build capacity to support the basic needs of employees.

ACE Elections Upcoming
Do you want to become more involved with our union? Start preparing your candidate statement for one of the following positions:

  • Chief Steward – De Anza Campus
  • Board Member – De Anza Seat 2
  • Vice President – Foothill Campus
  • Chief Steward – Central Services
  • Board Member – Central Services
  • Recorder
  • Treasurer

See details on each here (LINK) and in our constitution (LINK). Officers serve an important role in maintaining the organization and fulfilling its purpose. Specific election announcements will be in upcoming messages.

Dues & Membership Rate Committee
As part of our approved 22-23 budget the board agreed to establish a committee to investigate our dues structure. Although currently 91%(336/370) of eligible employees are members, there’s been an enrollment decline amongst new hires. Of those hired since 2020, 15 are listed as “undecided” as they have not responded when asked to become a member. I believe some of this can be attributed to a lack of getting one-on-one time to explain the benefits of ACE. To ensure outreach we are pushing to receive accurate employee information from human resources, make sure we are a part of the onboarding process, and continuing to advertise the benefits of membership.

If you forward this message to someone who didn’t receive it directly they may not be contributing toward our cause. If enough people choose not to become members we lose our ability to make advancements in the workplace.

Returning to the topic of the committee, we need representatives from the membership to take a closer look at how this trend may affect us in the future. Are we charging an appropriate amount to fund our organization today? If trends continue, how well will we be able to fund our organization in the future? Currently we have two members from Central Services and one member from Foothill on the committee: Logan Murray, Thomas Marks, and Anthony Caceres. We’d like to get member representation from De Anza and about 6 or 7 members in total.

Please email olsenscott@fhda.edu if you would like to join. The committee will receive support from Kathy Nguyen, our treasurer, our attorneys, and myself. I served on a similar committee in 2016 and it was a great way to learn how ACE makes financial choices.

COVID-19 Safety & Procedures
The district’s covid-19 safety guidelines remain posted here (LINK) and the form for self-reporting an employee exposure or positive test is available through the De Anza website (LINK). Per Judy Miner’s message on 8/16, “we reached consensus to continue to require face coverings in all indoor classes and public-facing offices and to recommend masks in all other areas,” as a means of reducing the spread of the virus. Work with your supervisor to request any personal protective equipment, such as masks, hand sanitizer, wipes, HEPA filters, gloves, etc..

ACE has also negotiated a separate MOU regarding covid exposure and teleworking (LINK) to support members which has been described in previous messages and at site meetings.

In Solidarity,

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

ACE News

2022.08.03 Update – Demand to Bargain, New MOU, Koff Appeals due Aug 31

Written by ACE

ACE Members,

Reminder: Koff Classification Appeals are due by August 31st (!)

Has your work changed significantly since the original classification study? Does your job description not align with your permanent ongoing duties? Have you not already submitted an appeal by completing a position description questionnaire? If you answered “yes” to all three questions see the July 14th ACE Update email for a form to complete by 8/31/22 and guidance.

Contact me with questions, but understand that you are the expert when it comes to the work you are regularly assigned. If the bulk of that work is done by a higher classification, filling out this form is your best opportunity to be fairly compensated for that work.

Copy me on final submissions and I will forward them to the appropriate person in human resources. Interviews may occur months after the deadline (date to be determined.)

Return to In Person Work MOU

At yesterday’s DA/CS site meeting we reviewed what a “demand to bargain” is and how members play a role in working conditions changes. As an example, when the Foothill College President issued their “In Person Office Hours and Services” message on April 14th, ACE responded with a demand to bargain health and safety consequences of that. Negotiations with human resources resulted in an MOU which you can read the entirety of here (LINK), along with all of our MOUs here (LINK), to understand how teleworking and covid exposure guidelines have changed:

Teleworking 💻

Article 13.2.6 provisions have not changed:

At the request of a worker, and if the needs of the department can be met, the worker may be permitted to work out of his or her home via computer terminal. The request and the subsequent permission, if granted, shall be in writing.

The latest MOU adds:
(1) a denial from your supervisor/manager must be provided in writing and it must include their reasoning.
(2) an appeal process to a next level supervisor/manager and a review by Human Resources and ACE for a final decision.
(3) a minimum 10 working days notice in writing prior to the end of a teleworking agreement.

  • This applies to existing agreements.
  • Ending an agreement would also constitute a denial (see #1) and could be appealed (see #2).

(4) clarity that you not required to use your personal cell phone for work purposes.
(5) that supervisors are not allowed to visit an employee’s home (per the Alternate Work Location Guidelines posted 2020.06.12)

Covid Exposure Guidelines 🦠

Article 10.8 and Article 19 have not changed:

The latest MOU adds:
(1) Exposure notification requirements for any employee who was in close contact or a shared space with someone who has tested positive and protocols have been agreed upon.
(2) If you are awaiting a covid test result or test positive, and are able to work you may make arrangements with your supervisor to work remotely (with supervisor approval.)
(3) If your child tests positive for covid, you may use your sick leave or request to work from home (with supervisor approval) until the end of a quarantine/isolation period.
(4) If you are required to quarantine by the district, a teleworking arrangement will be made or you will be placed on administrative leave until the end of the quarantine period.

Q: What does a teleworking request look like?
A: “Dear ACE Members, I would like to establish a schedule where I work one day per week remotely. My duties include drafting communications, updating web pages, responding to emails, and reviewing policy documents. All require long periods of focus which are more common in the remote environment and therefore I can more effectively meet the needs of the organization. For urgent requests I would be available to contact via email and phone. Please respond if you approve or deny this schedule, in writing.”

As a reminder, working from home was in response to the pandemic and we do have to meet the business needs of the district/college if they require us to be onsite. ACE remains committed to safety and bargaining the impact of workplace changes. The opportunity to continue teleworking will depend on your job duties and the ability to perform those duties in an equal or better fashion while not onsite. While we now have an appeal process, much of establishing a hybrid schedule falls within your ability to communicate to your direct report that the quality and quantity of your work will not diminish and the needs of the department will continue to be met.

ACE will continue to refine this process during 2022-23 negotiations sessions – stay tuned 📺

Q: Does my supervisor/manager already know about this MOU?   
A: We’re not sure – to be safe we’ll contact representatives among management and supervisors to make this widely known. You can also send a message to your supervisor/manager saying, “did you see this new thing?”

Q: My supervisor/manager disagrees with this MOU and does not want to follow it. What do I do?
A: Contact an ACE steward – @Anthony Caceres(FH), @Erika Flores(DA), @Adriana Garcia(DA), @Scott Olsen(ACE)

TEAs 🫖

Temporary employee assignment practices are an issue ACE is paying close attention to. The recent HR Report (LINK) included a large quantity of class T3 short-term employees, but the project/notes failed to specify how many were performing one-time, seasonal service not needed on a continuing basis, or assisting with a special project. ACE has challenged for that additional information and to be sure district policies and procedures(LINK) are being properly followed. If the work is ongoing and could be accomplished by an ACE classification, a regular benefitted position should be established.

In Solidarity,

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

ACE News

2022.07.28 Update – Paystub Common Questions, 22-23 COLA, Retroactive Pay, CalPERS PEPRA Rates

Written by ACE

ACE Members,

At the last site meeting we discussed common issues found in monthly paystubs. Always check your paystub for accuracy! Below are a few examples and what to do about them, plus updates on issues that impact our net pay.

Correction regarding item (1) “I didn’t receive 10 hours for the July 4th Holiday – what do I do?”

The new answer is no action is needed – our monthly regular pay remained the same and we did not have to surrender any vacation leave to reimburse hours.

We verified with Nancy Chao that the calculation for Holiday pay defaults to 8 hours and is a “cosmetic display” (which I have a hard time saying when it comes to money) – see message below:

The holiday hours of 8 is defaulted in by the system and we would have modified it to 10 if we were alerted via your entry to the comments that it is a required work schedule, which you did (see below), and we failed to make the change to the holiday hours.  I am sorry for our oversight.

Please note that you are a contracted employee and are paid a monthly contractual amount per your salary grade and step. There will NOT be any additional compensation due to your holiday hours is 10 instead of 8 but it is cosmetic display of # of hours in your stub and pay history.

Again, we experienced no loss and there is no additional amount that is due to be paid out – we received the correct amount of monthly pay. Contact me if you need further explanation or if you have identified that your situation falls outside this explanation.

(2) I didn’t receive the 5.56% 22-23 COLA – what do I do?

Wait (unfortunately.)

Until the 21-22 retroactive payment is calculated and paid out, the 22-23 ongoing salary schedule increase cannot be implemented due to how CalPERS reporting is structured. At the time of negotiations in June it was said that this calculation may take at least six months (December.) 🤞

Human Resources currently has a staff filling 6 of 13 positions, 2 of which are on reduced schedules. Everything is going to take longer than we’d like while there aren’t enough workers to complete tasks. While we are patient and understanding, ACE will continue to communicate the impact that these delays have.

(3) I wasn’t notified that I’d reached the vacation limit – what do I do?

Email olsenscott@fhda.edu

This would be a contract violation of section 9.2.5: A worker will be notified by a notice on his/her paycheck when he/she is within two pay periods of reaching his/her maximum vacation accrual for two years.

The “VAC LIMIT” box should have contained either “APPROACH” or “EXCEED” (see example below):

(4) I’m not paying the right amount for medical benefits – what do I do?

Email olsenscott@fhda.edu

This is an obscure occurrence, but it does happen. How do you know what you should be paying? You would have to dig deep into the FHDA website to find the rates (LINK) and then potentially into Article 18 (LINK), specifically 18.2.6 and 18.2.7, if you are part time or less than 12-month contact.

(5) HR/Benefits/Payroll deducted money without my approval – what do I do?

Email olsenscott@fhda.edu

This is illegal. FHDA cannot deduct for overpayment without your express written authorization. Before signing any documents, contact ACE to understand your rights. In consultation with our attorneys we can determine if the deduction is appropriate and how it should be managed.

(6) I didn’t receive my step adjustment/longevity award – what do I do?

Email your nearest steward @Anthony Caceres(Foothill), @Erika Flores (De Anza), or myself to review Article 8 (LINK)

Read section 8.3 “Advancement on Salary Schedule” and 8.4 “Longevity.” If you have not received an expected increase upon completion of the specified amount of time, ACE can help follow up with Human Resources and Payroll.

(7) I’m paying more for CalPERS as of July 2022 – what do I do?

CalPERS 2022-23 School Employee Contribution Rates (LINK)

Effective July 1, 2022, PEPRA members will contribute 8% of their regulate pay the CalPERS pension system. The contribution rate for classic members will remain at 7%.

Who’s a PEPRA member? Short Answer: Anyone* hired after January, 2013. *exceptions may apply, see the CalPERS website for the long answer (LINK)

Thank you to @Phuong Tran and @Anthony Caceres for organizing the recent “ACE Coffee+Pastry Break” on the Foothill Campus. We’ll work to coordinate similar events at De Anza and Central Services. It was great to see and talk to so many ACE members in person.

In Solidarity,

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

ACE News