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ACE Update 06.13.19: Next Chapter; Negotiations Update; ACE Role on Hiring Committees; New Board Members; Gratitude; Vacation

Written by ACE

President’s Message

Next Chapter

Budget challenges, declining enrollment, delays by the District with classification study combined with reorganizations and, come June 30,  52 of our classified colleagues retiring, have left nerves a little raw.  Suffice it to say, it has been a challenging year.  Before we move on to the next chapter, it is important to take stock of where we are.

Budget
With a $17 million dollar budget reduction which needed to be in place effective July 1, and nearly two years of projected doom by the District, far fewer filled positions were impacted than anticipated.  How? Hard work by the colleges who set out to minimize layoffs. De Anza worked through budget reductions with the specific goal to not impact any filled positions.  With no authority over what the colleges cut, ACE did make it clear to the District that temporary and student workers would not be used to supplant vacated positions.  Over the past three years, on average the District has spent $1.9 million on district-funded student and temporary workers. How can we afford this if there is no money and we’d have to lay people off? There is still more work in this area to be done but those numbers have been reduced.

In terms of budget cuts, this meant a significant number of positions were moved over to categorical funding sources and 45 vacant positions were eliminated. Why this wasn’t done initially to reduce the angst for staff is a question only the District can answer. Of the 17 filled positions originally identified to be eliminated, primarily at Foothill: four were rescinded, three took advantage of the supplemental retirement plan, six are being reassigned to new positions, two with no bumping rights were able to take advantage of the internal hiring process and secured new positions with the District, one had their position reduced by 50%, and one was laid off.  In ACE’s view, that is a reduction of one and half too many but far better than where we started.

Moving forward, with continued enrollment decline, the budget is still tenuous but for the first time the FHDA tentative budget for 2019-2020 accounts for additional decline by 1000 FTES. This is primarily attributed to the impact of AB 705, the state mandate requiring that a student enter and complete transfer-level coursework in English and math within a one year time frame, ultimately reducing the number of courses a student needs to take.  The governor’s May revise budget kept the cost of living adjustment (COLA) relatively the same – from the January draft budget proposal of 3.46% to 3.26% – and still includes funding to offset the District’s CalSTRS liability (think cost savings), which may also extend to CalPERS when the budget is finalized in the next couple of weeks, as well as additional funding for the college promise program which could help enrollment.  The new student funding formula remains as uncertain as ever but with our decline in enrollment, FHDA remains in hold harmless where we get the same funding as if we hadn’t declined for the next two years. Options for a bond or parcel tax aren’t off the table, and if you read Chancellor Miners email, the FHDA Board of Trustees voted 4-1 to permanently close the Flint Center and look into developing a new space which benefits students and the community. Any such project is going to need funding  and as I stated at the FHDA June 10 board meeting, ACE has no official position on what should be done with the site but we do request that no general funds be used for this purpose.

Reorganization and Changing Staff
52 classified staff will be retiring June 30.  When I think about the amount of institutional knowledge walking out the door, it is daunting. Each and every one of those 52 have had an impact on the success at Foothill-De Anza whether they offer front-facing student services or not and it hasn’t gone unnoticed.  Thank you and best of luck on your next adventure.

Add in the elimination of 45 vacant positions and I can guarantee you how we do things will look different moving forward. Current employees are taking advantage of the internal hiring process and moving to new roles. New staff are being hired. All of which brings a new perspective and enthusiasm to jobs that may have needed to change but there is still a gap between the number of staff doing the work before budget reductions and after. Usually, it means more workload for staff.  Article 11 of our Agreement is pretty clear on the rules surrounding the work and the elimination of positions (even vacant ones). “No one outside the unit can do the work after the position is eliminated.This includes temporary workers, students, faculty, administrator or outside contractors”. But management does their very best to try and skirt those rules rather than address the consequences from the cuts they chose to make. ACE is doing our best to address issues when they arise but if we don’t know about it, how can we respond?

ACE Business
As some of our board members retire or move on and new ones join us, I am reminded how fortunate we are to have colleagues who have been willing to serve and make a difference for all classified staff. Thank you seems so inadequate.  The next few months will continue to bring challenge but I feel confident all our board members are up to the task.  We have an unfair labor practice (ULP) against the District, a lawsuit against CalPERS, and at some point the District is going to have to meet with us to open negotiations (see below).  Meanwhile, we still represent members in issues with management (we keep personnel issues private) and manage a host of everyday tasks associated with running a small business.  Out of all the work ACE board members, stewards and negotiators do, I hope it is clear that we all do this work because we believe in the concept that together we are stronger with the goal to improve the working conditions for all staff. This doesn’t mean we always get it right or that the path to change isn’t excruciatingly slow but whatever we do always comes from a desire to help others.  Sometimes that last point gets lost when outcomes don’t match desired expectations.

Of service,

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

“The fight is never about lettuce or grapes.  It is always about people”. – César Chávez

ACE Role on Hiring Committees

Hiring. With retirements and resignations, we are, and will be, doing a lot of it over the next few months.  As the exclusive bargaining agent for classified staff unit one members, ACE’s role is to focus on collective bargaining issues such as wages and benefits and issues pertaining to working conditions which include the hiring process. The Foothill- De Anza Board of Trustees Administrative Policy, AP 4130, establishes that classified search committees must have three members: the chair, a representative from the bargaining unit in which the position resides and an Equal Opportunity Representative. Everyone else is appointed by the hiring manager.

What does it mean to serve as the ACE representative on a hiring committee?

  • Independent: Assigned by the ACE vice president at the location of the position, the ACE rep is independent of the hiring manager. They are a safeguard against the hiring manager stacking the committee with members who feel pressured to go along with their decision, especially when that decision may violate hiring procedures or ignore bargained minimum qualifications and classification descriptions.
  • Guardian: As the ACE representative, it is your responsibility to review the bargained classification description (full-time and hourly) to make certain the screening criteria and interview questions reflect work which is, or could, be done within the classification. Job duty priorities may change from the employee who left the position but they should still fall within the classification.  By protecting the duties bargained in classifications, you help guard against the lowering of classifications when management seeks to reclassify them.
  • Advocate: Like all committee members, the ACE representatives responsibility is to help ensure the most qualified candidate is offered the position but it is important to give due diligence to internal candidates, advocate for those who have worked out of class in the position or those within the department or college who may have transferable skills.  This is not about whether you personally like someone, it is about whether they have demonstrated they can do the work or are capable of learning how to do the work if the position allows room for training.

While the hiring manager has the final say in who they select, a good hiring manager has been clear from the outset what the positions priorities will be and what skill sets are absolutely necessary to get the job done from day one (this is where your guardianship of the classification is vitally important). If the hiring manager chooses not to take the committees recommendation, they should be able to clearly explain why they have come to their decision.  If they can’t, that tells you something about the hiring manager.

New ACE Board Members

ACE is please to announce the appointment of the following new board members.

Anthony Caceres
Central Services Chief Steward

Anthony was appointed as Central Services Chief Steward effective May 8, 2019. Prior to this position, he had served as Interim Vice President at De Anza from October 2018 through March 2019. In addition to pursing his Masters in Urban and Public Affairs, Anthony has written articles for ACE covering the story of unions to help better inform al of us why we still need unions today. He currently works as the Special Projects Coordinator in Central Services.

Vins Chacko
De Anza Vice President.

Vins joined the ACE board as Vice President for De Anza effective May 20. In addition to appointing ACE representatives on hiring committees at De Anza, he will also serve on the College Council and Instructional Planning and Budget Team for ACE. He currently works as a Senior Academic Services Technician in the Scheduling Office at De Anza.

Sushini Chand
De Anza Board Member, seat 2

Sushini currently works as the Starfish Early Alert/Retention Student Success Specialist in the Counseling and Student Success Division at De Anza. In addition to serving on the ACE board, Sushini will be representing ACE on the Administrative Planning and Budget Team all while finishing her Ed.D. in Educational Leadership. She is replacing retiring board member Cynthia Smith and begins her new role with ACE on July 1.

Scott Olsen
Central Services Board Member

Scott rejoins the ACE board as the Central Services Board Member having previously served in this role from 2016 – 2018. He brings a strong commitment to serving ACE members and maintain the organization’s fiscal health. Scott currently works as a Workstation and Systems Support Technician II for ETS on the De Anza campus. He is replacing retiring board member, Annette Perez, and will begin his new role with ACE on June 20.

Gratitude

This month we say good-bye to a few board members, two to retirement and one to pursue their dream to coach water polo plus an honorable mention.  There are no words to express the gratitude we have for these women who served on all of our behalf.

Annette Perez has served on the ACE board since we were incorporated in 2009. For the first ten years, serving as treasurer and most recently as the board member for central services.  In all of her time with ACE, Annette has made certain we are fiscally responsible to our members and we would not be as fiscally strong as we are today without her guidance. We wish her much joy and adventure in her retirement.

Over the years, Cynthia Smith as served with ACE in a variety of capacities. Most recently, since February 2017, as the board member for seat 2 for De Anza  and for the better part of five years on the Professional Growth Awards committee representing ACE. Previously, she also served on the Classification Committee from its inception until it was eliminated in October 2015. Cynthia’s commitment to ACE, and more importantly, to the members she represents is greatly appreciated and will be missed.  Cynthia, enjoy your retirement, you’ve earned it.

Precious Gerardo joined ACE in December of 2017 as Vice President at De Anza.  During her short tenure, Precious represented ACE with aplomb during challenging budget times and made certain our voice was at the table.  She is moving on to her dream job to coach women’s water polo for Laney College.  We wish her success in her new endeavor.

Technically not an ACE board member but without the assistance of Mary Kay Englen from the Office of Professional Development at De Anza, ACE would not have been able to offer one quarter of the trainings for professional growth awards, staff development leave or retirement workshops that we do.  Mary Kay made the difference between just negotiating benefits for members and making certain those benefits were easy for staff to utilize.  Her dedication to the growth of classified staff is unparalleled and her expertise in all things professional development will be missed.

Know Your Agreement:  Vacation

Vacation, a great benefit that isn’t afforded to everyone but it is no good if you don’t, or can’t, use it.  Fortunately, our recent survey showed nearly 85 percent of staff are able to use their vacation leave when they want or need too but there are still too many who lose vacation because they don’t take it.

Basics – Article 9.2

  • You must complete six months of employment before you can use vacation.
  • Vacation accrual rate:
    • Years one – three you earn 6.66 hours each calendar month (10 days annually);
    • Years four – seven you earn 10 hours of vacation per month (15 days annually);
    • Years eight – thirteen you earn 13.33 hours per month (20 days annually); and
    • Beginning the fourteenth year you accrue 16 hours per month (24 days annually).
    • Classified hourly accrual rate based on twice the length of time required for full-time workers.
    • Part-time workers (20-35 hours week) are entitled to that proportion of vacation granted to full-time workers that is equal to a full time contract.
  • Vacation must be used in increments of one (1) hour or more.
  • Workers may accumulate a maximum of two years of accrued vacation. For example, if you have two years with the District and are earning vacation at 6.66 hours each month, for a 12-month employee, the balance can’t be more than 159.84 hours.  The maximum adjusts with the rate your accrue vacation.
  • When you restire/resign from Foothill-De Anza, you are paid out for any unused vacation.
  • When the balance exceeds the limits, a worker ceases to earn vacation until the balance is below the maximum earnable. There is no other recourse and you will lose it.
  • Workers who reduce their contract (partial unpaid leave, extended sick leave) have vacation accrual prorated by the percent of the contract reduced.
  • You will be notified via your paystub (yellow highlight) that you are within two pay periods of reaching your maximum accrual.  It is easy to miss.
Approaching Limit

Exceeds Limit

Scheduling Vacation

  • Generally each worker should be given a choice of time for vacation but the District reserves the right to schedule leave at its convenience provided that every attempt is made to schedule vacation leave so that workers who choose to do so have at least five consecutive days off and such scheduling is not done in an arbitrary and capricious manner.  In other words, don’t buy a plane ticket and then ask for the time off.  Your supervisor does not have to approve it.
  • If two workers in the same group wish to take vacation at the same time, first choice goes to the person with the longest service in the District.
  • A worker can change their scheduled vacation time but only if it does not require any other worker to change their scheduled vacation.
  • If a worker becomes seriously ill or injured during a scheduled vacation, they may submit a signed statement from a physician that they worker was unable to continue vacation and have the time deducted from earned sick leave.

If you are having difficulty scheduling vacation or have questions, please contact your steward.

Negotiations Update

Cathleen Monsell, Chair of Negotiations

We are still waiting for the District to inform us of the items they want to open for negotiations. Last week, I was informed the District will send the articles they want to open at the the July 8 FHDA Board of Trustees meeting. We can’t start the negotiating process if we don’t know what we’re bargaining. ACE sent our notice to the District on April 18.  In the meantime the ACE negotiating team has met and started to develop proposals for the articles we requested to open with the District.

Does this mean the temporary five-percent salary adjustment we negotiated for 2018-19 is going away?  Yes.  It ends June 30.  To roll it over for another year or coming up with some other compensation package we have to get to the bargaining table and, based on the District’s response, it doesn’t look like it will happen until sometime in July.

Women and The Story of Unions

by Anthony Caceres 


It is the year 1843 and Sarah Bagley is leading a group of female textile workers in Massachusetts to form the Female Labor Reform Association. Their mission is to bring attention to workplace dangers such as health risks and inadequate safety standards. Sound familiar? Perhaps. Yet, the historical perspective we are given is often void of the major contributions women have made to unions and the larger labor movement. A closer examination of history reveals that the labor struggle has not solely rested on the shoulders of brave and burly men but was influenced and impacted by the actions of women. One such woman is Mary Harris “Mother” Jones, a prominent labor leader and “fearless fighter for worker’s rights”. During the late 1800s Mother Jones took on nearly every major industry through effective organizing and strategic striking. In 1897 she aided more than 9,000 Mine Workers in conducting a nationwide strike. Additionally, Mother Jones fought tooth and nail for the abolishment of child labor and was central to bringing attention to the issue. Her contributions to the American labor movement can still be felt today.

Dolores Huerta, Jane Addams, Josephine Lowell, Lucy Parsons, Leonora O’ Reilly, Rosina Tucker, Maida Springer-Kemp, Mary Kay Henry, Shirley Ware, Linda Chavez-Thompson. These are a few names that changed the course of labor history in America. There are thousands of more women who contributed big and small to the advancement of worker’s rights and the establishing of unions. The impact of women transcended race and socio-economic status. Women from all walks of life gave valiantly to the cause and because of their contributions we have the safety net of organized labor today.

The narrative of unions often takes the path of exalting men and depriving women of well deserved credit. It is important to note that women make up more than 45% of union members in the United States. Women are projected to become the majority of membership by 2023. As of 2015, “Women are also working toward better representation within union leadership. Women are 18.2 percent (10 out of 55) of the Executive Council of the AFL-CIO, 25.7 percent (9 of 35) of the International Vice Presidents of AFSCME, 38.1 percent (8 of 21) of the Executive Board of the CWA, 42.9 percent (18 of 42) of the AFT Vice Presidents, 50.0 percent (4 of 8) of the leadership of SEIU, and 60.0 percent (3 of 5) of the General Officers of UNITE”. In other words, women hold positions of power in every single union and labor organization in the country. Included is our very own independent union, headed by a fearless and passionate leader. This is not of little significance and is not a new phenomenon. Women have been an intricate part of unions since the inception of organized labor. We must shift the current narrative of unions to include and highlight the equally important work women have done for all workers. America owes our powerful women a place in history, a history they fought to write. Herstory must be told, the truth must be revealed and the role of women will be known for generations to come.

Visit the SEIU website for a descriptive timeline: http://www.seiu-uhw.org/archives/20663

ACE News, Negotiations

ACE Update 05.14.19: Words; Negotiations Update; Upcoming Workshops; Volunteering at Work; Summer Work Hours

Written by ACE

President’s Message

The Thing About Words

Last Monday, the Foothill-De Anza Board of Trustees passed a resolution proclaiming May 19-25, 2019, Classified Staff Appreciation Week, in part “to recognize the invaluable role of classified staff in providing for the welfare and safety of the state’s community college students”.It is always wonderful to be recognized.

Recent actions by the District, such as their dismissal of our agreement related to the compensation portion of the classification study or that ACE had to file a lawsuit against CalPERS – which includes employees from all bargaining units including administrators – to have the five-percent salary adjustment included as pensionable income for classic and PERPA members, or for their lack of transparency in how work will get done after eliminating almost 50 ACE positions since June 30, 2018, doesn’t reflect the sentiment put forth in that resolution. To be fair, technically 95 percent of those positions were vacant at the time of elimination but what is missing in that technicality is the fact that over half of those positions recently had staff and/or a temporary or student worker doing that work.  ACE continues to ask what happens to that work and addressing changes to vacant classifications when we are made aware of them. In many instances, we are still waiting on more thorough answers.

In the meantime, last July administrators approved an increase in a stipend they receive – from eight to twelve percent on their salary – for taking on additional work. As exempt employees they are not eligible for overtime pay and the stipend is used to compensate administrators for the additional work when positions get consolidated or special projects are assigned which, ostensibly, requires them to work in excess of 40 hours a week.  Non-exempt employees, which includes ACE, CSEA, Teamsters, Police Officers, and Confidential employees are required by law to be paid overtime for work above 40 hours per week.  Over the past three years – truthfully, at least the past decade – when classified positions are left vacant or consolidated and work is reassigned, rarely is overtime approved to address the additional workload.

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.  Meanwhile, they’re getting paid for the extra work they were assigned.

I also recognize that it can be very unnerving to confront your supervisor on this issue.  You don’t want to be seen as not a team player or unwilling to help. And by asking that is not what you are saying. This is about reasonable workloads.  The administration made the decision to eliminate positions and what work they are willing to sacrifice to solve the budget deficit. Add to the mix, a legitimate concern for retribution. This is where belonging to a union makes the difference. You have an advocate on your side.  I won’t lie to you and tell you it won’t be uncomfortable or challenging, Sometime it is, sometimes it isn’t but you will not be alone. What I can tell you as a represented employee, you can’t be fired or demoted or your salary reduced or your work hours cut for asking. And if you do find your supervisor upset because you asked remember, you play an “invaluable role in providing for the welfare and safety of the state’s community college students”.

Of service,

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 April 18, your negotiations team submitted the following articles to the District for negotiations.The articles chosen to open were guided by your feedback from the annual survey which was distributed in February. We reviewed the results at the April site meetings. As of today, we have not heard back from the district. In the meantime, the team will meet and put together our proposals to be ready when the District is finally ready to meet.

  1. Article 7: Employment Practices
  2. Article 8: Pay and Allowances
  3. Article 14: Worker Expenses and Materials
  4. Article 18: Paid Benefits
  5. Implementation of the classification study results

An important note:
As a re-opener year for our Agreement, Article 8 (pay and allowances) and Article 18 (benefits) are automatically opened. ACE may only open two additional articles as part of this year’s negotiations cycle, meaning ACE members and leadership must prioritize what is brought to the table. Your feedback helps us prioritize.  Keep in mind the district operates from a you-have-to-give-something-to-get-something stance.

Professional Development Survey

We still need your feedback.  If you have not completed the Classified Needs Assessment survey sent by Mary Kay Englen of the Professional Development office at De Anza, please do so today.  The survey closes next Wednesday, May 22.

The state allocated one-time professional development funding is specifically for classified staff (a first!) and your feedback is critical for the development of professional development activities relevant to the work classified staff do. The survey takes about 8 minutes to complete.

Fill out the survey here:
https://www.surveymonkey.com/r/D2LFHKR

Upcoming Workshops

Classified Professional Development Day
Navigating Change with Heart

Friday, May 17 | De Anza

All classified staff are invited to attend.
This event is hosted by Central Services, De Anza and Foothill Classified Senates.

CalPERS Workshop
Whether you’re early or midway through your career, you’ll want to get a better understanding of your CalPERS benefits. Learn about your retirement income sources, how your pension is calculated, purchasing service credit, the importance of having a power of attorney on file, what happens if you leave your employer, and much more.

Friday, June 14 | De Anza MLC 260
1- 3:30 p.m.
Open to ACE members. Watch your email for details.
This workshop is hosted by ACE .

Volunteering at Work

Recently both campuses held weekend community events and there has been some confusion on whether an employees would get paid for assisting or are they volunteering their time? Article 13.2 of our Agreement  defines when overtime accrues. “The District is subject to the following provisions concerning overtime which provide for overtime payment for all eligible workers who work over eight hours in one day in a five-day work week, over ten hours in one day in a four-day work week, over nine hours in a 9/80 or 4/36 work week, or over 40 hours in any work week, or on the sixth and seventh consecutive days of employment”.  As permanent employees of Foothill-De Anza, if you are asked/told to do work related to the college or district over the hours listed above, you are entitled to overtime pay.  If you aren’t required to work, in other words you can say no, but are offered the opportunity to volunteer, there are a few rules the District has to follow.

Under the Fair Labor Standards Act ( FLSA), “public-sector employees may volunteer their services to the employer or jurisdiction for which they work, but their services must be different from their usual job duties”. As it relates to the recent community events, the work staff do as part of their permanent position and the knowledge set they bring as an employee working at FHDA, including if you are asked to talk about your area and the services your area provides or you’re asked to promote the college, you should be compensated. If you volunteered to set up tables or any other activity that does not require the knowledge and skills associated with your permanent position, it would be hard to argue it falls in your usual job duties and most likely you would not need to be compensated. Volunteer work does not count towards PGA. It is at management’s discretion to offer either overtime pay or compensatory time off and the rate of pay is one and one-half times the normal hourly rate as determined by current contract pay.

Know Your Agreement:  Summer Work Hours

July 1 – August 23

To maximize human, financial and physical resources, FHDA observes modified hours of operation throughout the summer. Translation?  Ten-hour days are back beginning Monday, July 1 through Friday, Aug 23.  It also means confusion for staff and supervisors as to how this modified schedule is interpreted and applied.

  • Summer work hours for ACE employees officially begin the week of July 1.   If your supervisor chooses to implement a summer work schedule, it must begin July 1. For the other bargaining units, their summer work hours officially begin July 8, although they have the option to begin July 1.
  • For the July 4 holiday, ACE employees will be paid for the number of hours they would have worked.  All other bargaining units receive up to eight hours holiday pay and if they’re on an alternate schedule (i.e. 4-10-40), they must make up the additional two hours.

Article 13.1 – Working Time
13.1 – If a supervisor assigns a schedule to an employee without their consent then that employee would be entitled to holiday pay for the hours normally worked, (i.e. 4-10-40 would get 10 hours holiday paid).

Article 13.15 – Summer Hours
13.5.1 -Workers assigned to programs and departments where scheduling allows mandated four-day work schedule will be offered a four-day work schedule during the summer for the period beginning the first full week in July and ending the Friday before the Labor Day holiday. Under the summer schedule, the normal workday shall consist of ten hours starting and ending at times appropriate to the needs of the department and agreed upon by the worker and his/her supervisor.

13.5.2 – Workers who work fewer than 10 hours per day during the four-day summer workweek shall select one of the following options to cover time not worked:

  1. Use of earned vacation (see Section 10.1 regarding the circumstances under which certain amounts of sick leave can be converted to vacation);
  2. Use of earned compensatory time;
  3. Leave without pay;
  4. A revised work schedule and/or location in order to accommodate the employee if they feel they are unable to work a 10-hour per day four-day work schedule.

Who sets the schedule?
Employees will establish, with supervisor approval, a work schedule of four days of ten hours of work plus a half hour meal break for each day (minimum 10.5 hours total). Meal breaks may be longer upon request, and with the approval of the supervisor. The standard 10.5 hours work schedule will occur between 7:00 a.m. and 6:00 p.m. to accommodate the meal break (7:00-5:30, 7:30-6:00, 7:15-5:45, etc.).
Can I stack my breaks to shorten the workday?
No. Employees may not stack break periods for later use or to combine with meal breaks and may not use breaks to account for late arrivals or early departures. It is a violation of labor law.
I am unable to work a 10-hour day may I set up an alternative schedule?
An employee, with supervisor approval may implement a modified schedule by requesting a different schedule or using accrued leave or leave without pay but cannot use Personal Necessity Leave.
What guidelines does a supervisor follow to determine if a request for an alternate schedule should be approved?

  1. Buildings should remain locked on Fridays, except where the department has been approved for an exception schedule and is officially open.
  2.  Supervisors should work with employees regarding requests for alternate schedules to ensure that:
    1.  Energy resources are not used inefficiently to operate buildings that are otherwise closed.
    2.  Employees are not working alone where a safety concern might exist.
    3.  Required resources and systems support needed to complete their work are actually available for employees to use.
    4. Special considerations for child care or other extenuating circumstances are taken into consideration with an attempt to find a solution that works for both the District and the employee.
  3. Supervisor must ensure adequate coverage and appropriate supervision for the official hours of operation. It is the supervisor’s responsibility to determine when an employee’s work schedule includes Friday that a level of supervision is adequately-addressed.
  4. Supervisors and classified staff should be familiar with the provisions of the applicable bargaining unit agreements affecting employees on a 4-10 work schedule.

A few more facts.

  • FHDA has no policy regarding working from home as an option and there is nothing in our Agreement prohibiting it.  Any agreement to do so is between the worker and their supervisor.
  • Safety is a legitimate concern, but again, there is no FHDA policy or anything in our Agreement that states you cannot work alone.
  • The definition for “appropriate supervision” is at your supervisor’s discretion.

Bottom line?
Please keep in mind that the goal for this summer work schedule is to save resources. If you are unable to work a 10-hour day and you do not have accrued leave and cannot take time off without pay, be flexible in your request, be clear on what work you will get done and be accountable with it. Your supervisor does have the final say on your work schedule.

The Story of Unions

by Anthony Caceres 


Labor, strikes, wages, workers’ rights, unions. We have all heard these terms but their importance is often undervalued. There are few institutions as embedded into the fabric of American society as labor unions.

The fight for better working conditions, wages, benefits and worker treatment has existed since the inception of the worker-employer relationship. For many decades the American worker suffered from dilapidated working conditions and inadequate pay for the work performed. This may sound like a distant history that is far removed from the reality of our current workplace. However, we are not far off from returning to pre-unionization work environments.

In 1886, American workers took a small step towards collective power. The American Federation of Labor was formed to serve as an association for various trade unions. Workers rallied together to improve safety conditions across the country while implementing contractual language that targeted immediate worker needs. The long term worker rights became an ongoing battle between the newly formed union and well established employers.

Furthermore, it was the work of Unions that conceived the concept of fair wages which transformed the lives of workers. Moreover, these victories led to the formation of America’s middle class and the economic prosperity previous generations enjoyed.

From the 1930s to the 1980s, the United States experienced its highest union membership rate, peaking in 1954 at 34.8%.  These 5 decades saw the growth of the middle class with clear upward economic mobility. Many families benefited from the living wages and higher standard of living unions provided. However, a consistent attack from anti-union proponents has chipped away the power unions once had. As of 2018 the membership rate in the United States was at 10.5%. There has been a clear decrease in union participation paralleled with stagnant wages, evaporating benefits packages and a redefining of what a worker is.

Since the inception of organized labor movements, employers have sought to undermine the power of the collective through legislation, company policy and effective propaganda. It has resulted in an era of unprecedented economic loss by workers. The ability to collectively bargain has continued to diminish as new trends and industries within our economy begin to take a stronger hold of the workforce. Every industry in America is or has been impacted by the demise of organized labor and the repercussions are severe. It is our succeeding generations that will burden the economic hardships if unions all but disappear.

Now, you may be thinking what do these historical events and patterns have to do with me? The local struggles classified staff have endured throughout the years are a microcosm of the larger labor struggle America is undergoing. Ten years ago, the Association of Classified Employees (ACE) in its current form may have been nothing more than a dream. FHDA Classified staff endured roller coaster years with both the California School Employees Association (CSEA) and the Service Employees International Union (SEIU). Each union fought admirably for staff at various moments in time but also underperformed at the most crucial of times.

On the eve of its 10 year anniversary, ACE stands firm in its dedication to represent the interests of members to the fullest extent. Ten years ago ACE was created as an independent union for one sole reason. To have the autonomy needed to fight for staff in the toughest of times. The independence afforded to the union has given it leverage on a playing field that is often void of any. As external factors continue to put pressure on workplaces and employers look to balance budgets, workers are at a higher risk of job insecurity. As it was 133 years ago when the AFL was founded, workers are facing grim prospects but if we take to heart the fight our fellow Americans undertook, our reliance will not be on the individual. It will lie at the feet of our collective power and ability to organize and stand up for the right to have economic prosperity and undergo the pursuit of happiness.

ACE News, Agreement, Negotiations

ACE Update 04.08.19: A Decade of Independence; Dues Forgiveness; Negotiations Update; A Decade of Work; Sick vs. Personal Leave

Written by ACE

President’s Message
A Decade of Independence

Independent: free from outside control; not depending on another’s authority. Ten years ago this month ACE was formally recognized by the State of California and the Public Employment Relations Board (PERB) as the independent association it is today. We gained our independence due to a dedicated few, who rallied the many, after years of neglect by our former union. We have never looked back. I won’t retell the whole story on how ACE came into existence – you can read it here – but suffice it to say the move to independence has given us better access to representation and more control over the issues directly affecting classified staff at Foothill-De Anza. The courage and commitment needed to set out on our own leaves me speechless. I can’t begin to express my gratitude and the amount of respect I have for the original group who put us on this path. For some perspective, of the 72 community college districts throughout California, 95% of classified staff are represented by a union and less than one percent are represented by an independent union like ACE.

ACE exists solely for your benefit and the benefit of your coworkers but independence isn’t free. It costs money – see below on what ACE spends your dues on – 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”.

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. You can read more below on what we’ve done in the past decade but in the last month alone we’ve had improper warnings removed from an employee’s file, made certain another employee was able to use their sick leave when their supervisor denied it, and filed a lawsuit against CalPERS when they denied the temporary five-percent salary adjustment as pensionable income for all employees covered by CalPERS.

The work we do is a continuous work in progress. Your feedback from our annual survey – see below for a few spoiler alerts – provided great direction to your negotiating team and to the organization. We’re working on incorporating some suggestions immediately, such as providing an online option whenever possible for attending meetings (facility and technical limitations make this a challenge for large meetings) and developing more training for those interested in assisting with the running of ACE as well as continued education around our Agreement, your rights as a member, and what rights and authority ACE has when dealing with the District.

With budget reductions behind us, and ACE is not aware of any more on the horizon, we still have a mountain of challenges ahead. Forty-one ACE positions will be eliminated as of June 30, 2019. Where does that work go? The continued budget challenges for the District. What impact will that have on negotiations? The classification study? As we move forward and start to address these questions, when it becomes difficult it will be easy to blame the District, to blame ACE, if answers aren’t immediate or to your liking. I would ask you to reject that impulse. Instead, seek out facts, be patient and recognize change takes time, and help ACE set a course which benefits all our members. A easy way to start? When new employees come on board, invite them to join you as a member of ACE.

Of service,

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

“The fight is never about lettuce or grapes. It is always about people”. – César Chávez

Dues Forgiveness April 2019

ACE will forgive dues in your April paycheck (April 30).  For Classified Hourly employees, this will be reflected in your May 15 paycheck.

Why does ACE forgive dues? ACE works really hard to be as fiscally prudent with dues collected from members. When we spend less than we’ve budgeted for the year, we forgive dues. This year, because the classification study has taken longer than anticipated and re-classifications are on hold until it is completed, funds budgeted to cover costs associated with classification issues  – ACE pays half the cost for appeals – we’re on track to spend less than budgeted.

What does ACE spend dues money on? Access to representation was the main reason we chose to be an independent union and it is the largest expense in our annual budget.  Several months a year, our legal representation itemizes their bill, and the work they do on our behalf often exceeds the flat monthly fee we pay them.  Other expenses include potential legal costs such as: arbitration (ACE pays half), court filing fees and expert testimonies; accountants, insurance, financial audits and taxes; office supplies, web hosting and routine state fees for running a small business; and training for officers and stewards, food for site meetings and elective stipends for ACE officers.  We also have monies set aside for a strike fund and a 5% budget reserve.

Does ACE spend money collected from dues on political activities?  No.

Negotiations Update

Cathleen Monsell, Chair of Negotiations

Thank you ACE members! With 198 responses, a little over 50% of the membership, this year’s survey provided the most feedback we have received to date. It is clear you put a lot of thought into your answers and comments. and we truly appreciate the time you took to give us your feedback.Your negotiations team is meeting to review the results and, based off of your responses, establish what proposals ACE should bring to the bargaining table.  We will releasing the results at our next site meetings. So stay tuned!
A few spoiler alerts:
70.7%   Like working four ten-hour days during summer.
75.5%   Want to keep our current percentage-based dues structure.
42.6%   Live between 11 to 20 miles from work.
42.5%   Have or have had a second job due to the high cost of living.
A few not-so-surprising spoiler alerts:
93%  Increasing wages and containing the cost of health insurance were listed as top concerns.
94%  Hold a higher education degree.
An important note:
As a re-opener year for our Agreement, Article 8 (pay and allowances) and Article 18 (benefits) are automatically opened. ACE may only open two additional articles as part of this year’s negotiations cycle, meaning ACE members and leadership must prioritize what is brought to the table. Your feedback helps us prioritize.  Keep in mind the district operates from a you-have-to-give-something-to-get-something stance.

Welcome New Members

De Anza
Martha Espinosa – Administrative Assistant, Outreach

Helen Nguyen – Instructional Support Technician, Student Success
Central Services
Joseph Goodrich – Community Services Officer, Police
Aaron Izquierdo – Community Services Officer, Police
Lena Tang – Accountant, OEI

A Decade of Action

Starting with a strong Agreement, over the past decade, together we have been able to:

Increase compensation.

  • Cost of living adjustments (COLA) and salary schedule increases.
    • From 2009-2010 through 2012-2013, while in a severe recession, the state offered no COLAs. At the same time, the state also instituted a number of workload reductions, crippling course repeatability options for community members and impacting FHDA’s revenue significantly. From 2011-2013, ACE experienced a 20% reduction in positions, roughly half of what was proposed, in large part due to the hard work of our first president, Blanche Monary.
Year Total COLA Received Additional COLA negotiated by ACE  COLA Offered By District COLA Included In State Budget
2013-2014 2.075% 0.50% 1.57% 1.57%
2014-2015 2.50% 1.65% 0.85% 0.85%
2015-2016 3.0% 1.98% 1.02% 1.02%
2016-2017 0.60% 0.60% 0% 0%
2017-2018 0% 0% 0% 1.56%
2018-2019 5% for 2018-19 5% for 2018-19 0% 2.71%

In 2015-16, we also increased the difference between step 6 and 7 on the salary schedule by 1% and reduced the waiting period for advancement from two years down to one.
In 2018-19, secured an additional $160 interest payment for all staff when the District was unable to implement a temporary five-percent salary adjustment in a timely manner.

  • Professional Growth Award (PGA)
    • In 2014-15:
      • Increased all awards earned after July 1, 2014 from $70 to $90 a month.
      • Increased the maximum number of awards from 10 to 12.
    • In 2016-17:
      • All awards, regardless of when they were earned, are now worth $90 a month.

If you were to earn all possible awards, the maximum benefit is now worth $12,960 per year.
A $4,500 increase from 2014.

Secure benefits.

  • No increase to employee health benefit contributions for the past three years.
  • Increased the District’s health benefit contribution from $976 per employee per month (PEPM) to $1011 PEPM.
  • Increased the District’s contribution for post-1997 retirees:
    •  Bridge to Medicare program monthly District contribution increased from $284 to $400 for an employee and $568 to $800 for an employee plus one.
    • Secure a one-time District contribution of $800,000 to the Volunteer Employee’s Benefit Association (VEBA) fund which covers Medicare eligible retires.
  • Added an additional paid holiday.

Represent members.

  • Letters of warning removed, suspensions reduced and made certain the District follows the progressive steps of discipline.
  • Addressed issues around classification, working out of class, leaves, benefits, changes to work schedules, worksite accommodations, and reemployment rights for laid off workers.
  • Retroactive pay for employees not properly compensated when they were working out of class, working differential shifts or their 39-month reemployment rights were violated.
  • ACE led the way in recouping overcharges to members for health benefits in 2010.  The result yielded $20,000 in reimbursements to both active and ACE retires.
  • Intervened on behalf of workers when the issue has nothing to do with performance – the District overpays you and wants the money back immediately – to ensure the remedy isn’t a burden to the worker.
  • On multiple occasions, successfully mediated issues between members and their supervisors when there was no Agreement violation.

Increase opportunity.

  • Negotiated a process so internal candidates can apply and interview for open positions before external candidates.
  • In 2016, after establishing non-classified staff were performing the same work, converted five (5) classified hourly members with limited benefits and no guarantee of hours to permanent positions.

Reduce dues.

  • ACE was incorporated in 2009 and the dues were set at 1.05% of base pay.
    • Under SEIU, dues were set at 1.5% of base pay.;
  • In 2016, ACE permanently reduced dues to 0.0095 of base monthly salary.
  • Over the past five years, on average, ACE has been able to forgive dues twice a year.  This occurs when budgeted costs for classification and legal issues aren’t spent, usually the result of our legal representatives resolving issues before any costs are incurred.

Thank You

I have said on more than one occasion, “it takes active participation and commitment from all the members of ACE to effectively protect and serve the membership as a whole”.  I’d like to thank a couple of people who have recently gone the extra mile on behalf of all the members.


Anthony Caceres served as Interim Vice President at De Anza for the past six months while our elected VP was out on leave. Anthony’s commitment and enthusiastic support for ACE is greatly appreciated and I am certain he will remain a key contributing member of this organization for years to come.

Bradley Creamer has served as the ACE webmaster since we incorporated in 2009. When I reached out to Bradley to help us reduce costs, he found a comparable web host and set about the task of moving servers, saving ACE hundreds of dollars a year in operational costs without compromising security or support.

 

Know Your Agreement:  Sick Leave vs. Personal Leave

At A Glance

  • Sick leave is cumulative, personal is not.
  • Personal leave must be scheduled in advance (whenever possible) and needs supervisor approval. Sick leave does not.
  • The worker uses sick leave to cover medical appointments for themselves; personal leave to cover medical appointments for immediate family.
  • Your supervisor may not deny your request for time off for your medical appointment(s) nor may they request that you try to schedule your medical appointment(s) on your day(s) off.
  • Your supervisor may request additional information before granting personal leave. You may give a generalized answer such as financial appointment or dependent care obligation.

10.1 – Sick Leave
Sick leave provides continuation of pay to the District worker who cannot perform her/his duties because of physical or mental illness or injury.

  • Earn eight (8) hours per month.Classified hourly and part-time earn amount equal to the percent of a full-time contract.
  • No limit to the amount of sick leave which either full or partial contract workers may earn and accumulate from year to year.
  • Sick leave may be used in increments of one-quarter hour or longer.
  • A worker has available for use all of their earned sick leave plus the balance of their full potential entitlement for the current fiscal year.
  • Sick leave may be used for the workers appointments with doctors or dentists. 
  • Up to seven days of sick leave can be used for care of an ill member of the worker’s immediate family (as defined in Section 10.15) after all personal necessity leave has been exhausted. Under certain circumstances approved by the Director of Human Resources, sick leave can also be used for other reasons of personal necessity.
  • Whenever a worker is absent on sick leave for three or more working days or when a pattern of sick leave suggests a chronic illness, a medical report that outlines the nature of the problem and the probable date of full recovery may be required. If the information from the worker’s personal physician is insufficient, an examination by a physician of the District’s choosing may be required, at District expense.
  • During any fiscal year a worker may convert up to 60 hours of earned sick leave credit in excess of 240 hours to vacation leave credit at the rate of six hours of sick leave credit for four hours of vacation leave credit. The request to convert sick leave credit to vacation leave credit under this section must be made in writing to the Director of Human Resources and will be approved only if the vacation leave credit does not cause the vacation leave balance to exceed the maximum accrual allowed (2 years).

10.15 Personal Leave
For the purpose of this section “personal necessity” means obligations or unavoidable duties of an individual worker that must be performed during regularly scheduled working hours.

  • Full-time earn 40 hours each fiscal year. Part-time earn amount equal to the percent of a full-time contract.Classified hourly earn three days a year.
  • Eligibility for personal necessity leave begins on the first of the calendar month following six complete months of employment.
  • May not be used in lieu of vacation or sick leave (except after an illness of 10 working days or more and no full-pay sick leave is available, a worker may use personal necessity leave.)
  • Unless there are unavoidable and compelling reasons (i.e., medical appointments or illness after being on extended sick leave) personal necessity leave may not be taken in conjunction with any holiday, sick leave, vacation, or other leave of absence.
  • Personal necessity leave is not cumulative.
  • It must be scheduled in advance with the supervisor whenever possible. When advance scheduling is not possible because of an emergency situation, the worker is required to notify the supervisor as soon as possible that the worker is requesting personal leave. All personal leave must have the approval of the supervisor as evidenced by the supervisor’s signature on the time sheet.
  • Unless there are unavoidable and compelling reasons (i.e., medical appointments or illness after being on extended sick leave) personal necessity leave may not be taken in conjunction with any holiday, sick leave, vacation, or other leave of absence.
  • To ensure confidentiality, a worker may request Personal Necessity Leave by the subsection number without giving the exact nature of the request. The worker’s appropriate supervisor(s) may require a more exact explanation before granting Personal Necessity Leave, in which case the worker may respond orally and the response shall be considered confidential between the worker and his/her supervisor(s). In unique emergency situations additional hours of personal necessity leave may be granted by the Director of Human Resources.
  • Circumstances under which personal necessity leave is appropriate include, but are not limited to:
    •   Emergencies or obligations related to the worker’s home or family members, including medical or dental appointments for the worker’s family members when the nature of the appointment requires the worker’s presence, or special family obligations such as attending a family member’s graduation or marriage ceremony;
    •   Emergencies or obligations related to the worker, including appointments for the purpose of conducting personal legal affairs or financial transactions, receipt of a court order requiring absence from work, or observation of a major religious holiday of the worker’s faith.

If you’re uncertain whether to use sick leave or personal leave or you’re having a difficult time scheduling the leave you need, contact your ACE steward for guidance.

ACE News, Agreement, Negotiations, Uncategorised