Association of Classified Employees Foothill – De Anza

Category: ACE News

  • ACE Update 04.10.18: Transparency; Negotiations–A Reality Check; Classification Study–What The Delay?; Seniority; and Layoffs Rights

    President’s Message

    Transparency

    Transparency.  It’s a word you will hear a lot as we navigate these budget reductions but what does it really mean? According to Webster, transparency is the quality or state of being transparent, which is characterized by visibility or accessibility of information especially concerning business practices. Transparency doesn’t happen by accident.  It takes conscious effort, patience, a willingness to ask questions and a willingness to listen. Most importantly, for transparency to have any legitimacy, it isn’t what is said but what is done. If words and actions don’t match, it means nothing.

    At this point, we all want to know what is happening and how we are going to be impacted by these forces that are out of our control. And we deserve honest, candid, clear and detailed information from the people who make these decisions.  There are the usual sources for information addressing budget reductions – College Council, PaRC, District Budget Advisory Committee, along with their shared governance subcommittees (FH and DA). Ultimately, they’re supposed to tell us what is going to happen but it’s the conversations in department meetings and communication from our supervisors, or lack there of, that tell the real story. It is also the point in this story where fact and rumor tend to become interchangeable, often with dire consequences. Before you repeat something, ask yourself how you know it to be true?  I’m a big fan of getting things in writing. Ultimately, some people will lose their jobs, those left will lose colleagues, and neither of those scenarios are a desirable outcome. Be kind.

    Here is were ACE needs your help.  To get to the facts, ask questions.  Where does the work go?  What are our priorities as a department, as an institution? Shared governance meetings are open to all staff.  If something seems off or you’re told not to ask questions or discuss changes, contact ACE.  I’ve said this before but it is worth repeating “it takes active participation and commitment from all the members of ACE to effectively protect and serve the membership as a whole.”

    Transparency also applies to ACE. What are we doing? Last September, we updated you on what ACE has done over the past year and that work continues. Our board members serve on all major shared governance committees and we are committed to sharing factual information through this newsletter, at site meetings, in conversations with members, and our website. You can help by sharing this information with your colleagues.  One of our greatest strengths as an organization, and why we chose to be an independent, comes from our unfettered access to legal representation. It is this access which provides ACE with the experience, and leverage, we need when the District decides to not play by the rules. Read on to find out what ACE is doing today regarding negotiations, the classification study, seniority, and our role during layoffs, including what constitutes a reorganization and what your rights are if you are laid off. 

    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: A Reality Check

    Cathleen Monsell, Chair of Negotiations

    The 2017-18 Governor’s budget includes a 1.56% cost of living adjustment (COLA). For Foothill-De Anza (FHDA), this translates to a little over $2 million. An additional $4.2 million in ongoing funding to our base apportionment was also included in the budget.  Overall, FHDA received a little over $6 million in ongoing general funds for this year.  Cognizant that a loss in enrollment means a loss in revenue – and potential layoffs for staff – in negotiations ACE proposed a one-time payment of $1500 per employee for 2017-18.

    The cost for this one-time salary adjustment would be covered by the $38 million in one-time money – described as stability and carry forward funds – the District has been able to save over the past decade.  The District has presented one budget town hall after another defining how $23 million of these funds will help us buy time as we work to increase enrollment (revenue) while permanently reducing our budget. In all of these scenarios, the one fund which never gets touched is the $15 million set aside as carry forward.  These funds have been around for well over a decade and, for some unknown reason, continue to be off limits.  Says who?  Not the board of trustees.

    On March 22nd, ACE received a response to our proposal.  Due to the budget crisis brought on by declining enrollment the District emphatically informed us that no one would receive a COLA – either through a one-time payment or an ongoing increase – for the next two years. End of discussion.  ACE’s response to this edict? No.

    It is true that the District needs to permanently reduce ongoing expenses by $10 million. Continued enrollment losses this year most likely mean reductions are closer to $15 million.  The District has had two years to reverse this trend and has been unable to do so. To be clear, the responsibility for this loss lies squarely at the administrations feet.  Staff and faculty have gone above and beyond to assist in the recruitment and retention of students. To support this effort, ACE didn’t ask for compensation from ongoing funds so we could retain as many staff as possible to serve students and still give the District an opportunity to invest in the employees they purport to value.

    The reality of the situation? We are going to be smaller in size and need to operate at a reduced budget level.  ACE will do everything possible, including a closer review of temporary and district-funded student employees, to minimize reductions impacting staff but we can’t guarantee that everyone will have a position as the District works to adjust to a smaller budget.

    Meanwhile, the District needs to continue to operate, classes need to run, supplies need to be procured and employees need to be fairly compensated. For FHDA staff, the cost of living continues to outpace any salary increase we have received over the past five years. If past experience is an indicator of future behavior, previous budget cuts and layoffs have shown that staff will be expected to take on more work with no additional compensation.  If we are truly going to address this budget crisis for what it is, a permanent reduction, any budget talk moving forward needs to include some form of compensation increase.

    In other words, ACE will be going back to the table to get a pay increase that we deserve!

    Classification Study:  What The Delay?

    So what is the delay?  I went directly to our consultants to ask.  Their response “We are working through some issues with the ETS classification specifications to ensure that they are reflective of the work being performed as well as the needs of the department, colleges, and District.  The classification concepts and series has been areas where we needed further clarification and an overview perspective, which we are working through with ETS senior management. For example, we want to ensure that the classification specifications and structure reflect appropriate career paths and development opportunities for employees.  Also, technology changes so quickly and so we want to ensure that the classification specifications are written in a way to incorporate changes in technology.”  ETS is the final group of classifications we are waiting on.

    As has been stated numerous times, nothing affects compensation more than properly assigned classification.  It is in our best interest to be patient and thorough.

    Where does that leave us?  Koff has stated the final class descriptions should be delivered by the end of this week.  The Joint Labor Management Classification Committee (JLMCC) has a meeting scheduled for April 26 to review the recommendations, develop an appeal process and set dates for drop-in questions with Koff.

    What you really want to know.  If the class descriptions are delivered by the 25th, look to have them distributed the first part of May.

    Seniority List Update

    Currently, the way Banner is calculating data for seniority isn’t correct and we are working with human resources and ETS to get this addressed as quickly as possible.  This is a priority for everyone involved and it is imperative that the list be as accurate as possible before reviewing any data with members.

    Layoffs – Management Rights, Your Rights

    The Public Employment Relations Board (PERB) has determined that it is solely a management right to implement a layoff as defined under California Education Code §88017.

    “Classified employees may be laid off either for a lack of work or a lack of funds.  The employees to be laid off at the end of the school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of the school year and of their displacement rights, if any, and reemployment rights. However, if the termination date of any specially funded program is other than June 30, the notice shall be given not less than 60 days prior to the effective date of their layoff”.

    • Lack of Funds – When a school district no longer has sufficient funds to support the positions at the college.
    • Lack of Work – When a position, and the work that belongs to that position, is no longer needed at the college.

    During budget cuts, the District will cite a lack of funds as the rationale for the layoffs. However, there is an order that must be used when determining the individual who are laid off.

    Seniority – California Education Code §88127 – “Whenever an employee is laid off, the order of layoff within the class shall be determined by length of service. The employee who has been employed the shortest time in the class, plus higher classes, shall be laid off first. Reemployment shall be in the reverse order of layoff”.

    ACE’s responsibility during a layoff are too:

    • insure the accuracy of the seniority list;
    • meet and confer with the District regarding any classification changes or reorganizations due to layoff; and
    • whenever possible, work with the District to place affected workers into vacant positions which they are qualified but do not have any right to the position. In the past we have been successful with this approach, but to be clear, the District is under no obligation to do this.

    What happens to the work of laid off positions?
    Every department suffering a position loss must re-organize itself, re-set its priorities or simply do without. Reality? The work will most likely be distributed among the remaining employees in the area.  To that end:

    • A classified employee may not be laid off if a short-term employee is retained to render a service that the classified employee is qualified to render.
    • No one can do overtime to replace the work.
    • No one outside the unit can do the work after the position is eliminated.This includes temporary workers, students, faculty, administrator or outside contractors.
    • An employee cannot be given more work than they can complete in an 8-hour day.
      • If you feel that you are being assigned more work than you can possibly complete in one day, do not work more than the 8 hours without your supervisor first approving overtime.
      • If you do not have enough hours in the day to complete the extra work, request a meeting and have your supervisor prioritize your work. You may request an ACE steward be present at this meeting.

    If you have any questions or concerns, please contact your ACE representative so we can address the issue. This is especially true if:

    • You are laid off and you know there are duties in your job that cannot be dropped (e.g. mandatory reports you prepare) and there is no plan to have it done within the unit.
    • You are uncomfortable telling your boss any of these things or you do tell them and they ignore you.

    What constitutes a reorganization?
    A reorganization may occur for various reasons, including:

    • Improving business efficiency
    • Reducing costs/budgetary reasons
    • Repositioning/aligning business units
    • To meet the strategic needs of the College/District
    • Provide a better service model

    Some examples of what may be included in a reorganization include:

    • Change(s) in reporting relationships, supervisors and/or location
    • Creation of new departments; dispersing of existing departments
    • Creation of new positions; reallocation of existing vacant positions
    • Reclassification of multiple positions in conjunction with other actions
    • Reduction in Force

    How does a reorganization work?

    Articles 7 & 15 of the ACE Agreement cover the steps for implementing a reorganization.  Some of the basic rules include:

    • When a supervising manager plans to reorganize his or her department, the District shall notify the Union and the appropriate chief steward in writing prior to implementation to provide for an opportunity to meet and confer. If the Union does not respond within 15 working days, the changes shall be implemented as proposed.
      • The notification shall include: the proposed changes; impact, if any, on workers; date of proposed implementation; and the reason for the change.
      • If there is a request to meet, the parties shall meet and confer over the impact of the proposed reorganization.When appropriate, such discussions shall include identification of tasks and priorities of positions.
    • If no agreement is reached regarding job classifications effected by the reorganization, the parties will appeal to the Vice Chancellor of Human Resources and Equal Opportunity. Within thirty (30) working days of receiving an appeal the Vice Chancellor will render a written decision.
      • The decision of the Vice Chancellor of Human Resources may be appealed to a neutral party, jointly selected by the Union and the District. Within thirty (30) working days of receiving an appeal, the neutral party will render a final written decision.
      • The final decision of the neutral party will be binding.

    If you have questions about the possibility of a reorganization in your department, please contact your ACE representative.

    If I am laid off, do I have reemployment rights?
    Yes, under California Education Code § 88117:

    • A person laid off because of lack of work or lack of funds shall be eligible for reemployment for a period of 39 months. The person’s reemployment shall take preference over new applicants.
    • If the person is reemployed in a new position and fails to complete the probationary period in the new position, he or she shall be returned to the reemployment list for the remainder of the 39-month period.

  • ACE Update 03.05.18: See You Next Wednesday, Dues Forgiveness, Negotiations Update, New Stewards & Retirement Planning

    President’s Message

    See You Next Wednesday

    “I don’t think there’s one word that can describe a man’s life” – Charles Foster Kane, Citizen Kane.

    Foothill Chief StewArt Hand, 1965 Alma Fire Stationard and Library Technician Senior Art Hand is no exception. Retired, prior to joining Foothill, one might have described Art’s successful career as phone company workman, firefighter, store manager, and recruiter. Or, one might have talked about his unwavering support as husband, father,  and friend. All of it would be true. In recent years, along with Art’s work at Foothill, one would also add the pride and joy he has for his new role as Pops,  a.k.a. grandfather.

    Art has spent a few years at Foothill. 31.68  years to be exact (thank you CalPERS).  For twenty-five of those years, he has served as chief steward. My time working with Art has been relatively short, just shy of five years, but if I were to choose a few words to describe him I would use:

    Advocate
    Art Hand, 2018, Union StrongNot too long into his tenure at Foothill, Art needed, and received, help from his union representative.  Looking to give back, he attended the next site meeting to see how he could get involved. At the time, classified staff at Foothill-De Anza were represented by CSEA and as Art describes it, “in a compromise with CSEA officers who wanted to make me chapter chair, I agreed to serve as chief steward”.  And serve he did.  For a quarter of a century and for no other reason than to help his fellow workers. Always by listening, sometimes by taking action, never for the recognition, the number of staff Art has helped over the years are too numerous to count.

    Facilitator
    Every Wednesday, Art hosts the Foothill ACE officers to coffee and conversation. Lucky for us, it will continue into his retirement.  During these meetings the conversation covers issues pertinent to ACE but often turn to books, movies, current events and life in general. As tangential as the conversation may seem from collective bargaining and representation issues, it helps build trust, communication, collaboration and understanding among the ACE officers. As a result, we’ve learned we can count on each other during challenging times, we make better decisions as a group, and if you need a book or movie recommendation, Art has an ever expanding list of suggestions.  Most of them are pretty good.

    Mensch
    Art Hand Foothill College library renovation 1992A Mensch is many things and one simple thing.  A mensch does what is right because it is right towards family, towards colleagues, towards friends, towards strangers, at home and in public.  When people behave with honesty, integrity, consideration and respect they themselves prosper as does society at large. By spreading mensch-like behavior we can make our society happier, healthier and more successful. If you’ve been fortunate to meet Art, you’d know you’re in the presence of a mensch.

    During his tenure as chief steward, Art never ventured from the three concepts he outlined below in his candidate statement during his first election: know our rights, maintain good communication, and foster a spirit of cooperation.

    Art Hand candidate statement for chief steward, December 1992.

    Art officially retires on March 30th.  There aren’t enough words to thank him for his service to the staff at Foothill.  His wit, wisdom, experience, and sense of humor have made ACE and the working conditions at FHDA better for all of us. If you’re so inclined, send him your thanks  – handart@fhda.edu.

    To keep him grounded, and remind him that his work isn’t done yet, let me close by saying “Art, see you next Wednesday”.

    In gratitude,

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

    Dues Forgiveness March 2018

    ACE will forgive dues in your March paycheck (March 31).  For Classified Hourly employees, this will be reflected in your April 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.  ACE has separate Political Action Committee (PAC) to address political activities and it is funded solely by voluntary member contributions.

    Negotiations Update

    Cathleen Monsell, Chair of Negotiations

    ACE has delayed going into negotiations until we have a better understanding of the District’s budget crisis. In the meantime, the District offered a proposal for all five collective bargaining units to consider jointly negotiating the 2017-2018 salary adjustment as a means to be more efficient and collaborative.  As each unit has interests and priorities unique to its members, this proposal was rejected.

    We will be returning to the table to continue negotiations with the District sometime in the next week or so.

    New ACE Stewards – Foothill and De Anza

    ACE is pleased to announce the appointment of three new stewards.  For Foothill, Josh Pelletier will serve as chief steward, replacing retiring chief steward, Art Hand, and Catalina Rodriguez will serve as a steward.  For De Anza, Matt Trosper will join chief steward, Erika Flores as a steward.  The main difference between chief steward and steward, in addition to stewarding duties, chief stewards serve as a member of the ACE Executive Board.

    Every steward for ACE has the responsibility, and authority, to enforce our Agreement, represent members in grievance and disciplinary proceedings, and work to build relationships with our members and management. Stewards are your first point of contact should you have an issue or a question regarding our Agreement.

    Foothill
    Chief Steward – Josh Pelletier

    The son of a teacher, Josh understands the important role unions, and their stewards, have in the workplace.  In 2011, after receiving his MA in English and MFA in Fiction Writing from San Francisco State University, Josh published a novel and a collection of short stories, and served as an adjunct faculty member for several institutions, including Foothill.  He permanently joined Foothill as an instructional support coordinator in the Teaching and Learning Center in 2016, and like his predecessor, plans to stay here until he retires. Josh’s term runs until December 31, 2019.

    Steward – Catalina Rodriguez

    Catalina joined Foothill in 2016 as an enrollment services specialist in Admissions and Records.  She earned her bachelor’s degree in psychology and holds a master’s in business administration. Prior to coming to Foothill, Catalina spent 15 years as a financial advisor. Her current role, along with her combined education and work experience, have helped Catalina realize her love for listening and helping people find solutions to problems. Key attributes which will serve her well as a steward. Catalina is appointed to her new role until she resigns or is removed by action of the ACE Executive Board.

    De Anza
    Steward – Matt Trosper

    From 2012-2017, Matt served as ACE Vice President at De Anza and has a solid understanding of our Agreement and the issues our members’ face.  Matt is appointed to his new role until he resigns or is removed by an action of the ACE Executive Board.

    Retirement Planning Workshop flyer - CalPERS, Social Security and FHDA retirement benefits

    Pre-Retirement Reduction in Contract

    The Pre-Retirement Reduction in Contract allows classified staff who are eligible for service retirement too phase into actual retirement through a contract reduction (not less than 50% of their full-time contract) while maintaining full retirement credit and other benefits for a maximum of five years. Under any other type of reduction in contract, the portion the District pays a pro-rated to the percentage of the full-time contract you work. In other words, you pay more out of your pocket to maintain the same benefits and earn less service credit.

    Pre-retirement reductions in contract are entirely voluntary, and while generally encouraged by the District, they are not an entitlement. To ensure the needs of a department are met, any reduction in contract is at the discretion of the department manager. The best place to start?  Have a conversation with your supervisor. Don’t wait! The deadline to submit your request is May 1.

    ACE Article 17B: The Details

    17B.1 Eligibility

    Each full-time 12-month, 11-month, 10-month, or academic-day classified worker who meets the requirements of this article may reduce his/her contract from full-time to part-time while maintaining his/her retirement benefits pursuant to Education Code Section 88038 and Government Code Section 20905.

    To be eligible for a pre-retirement reduction in contract the worker must:

    17B.1.1  Have reached the age of 55 prior to the reduction in contract;

    17B.1.2  Have been employed full-time for at least ten years in a classified position requiring membership in an appropriate California state retirement system; and

    17B.1.3  Have served full-time without a break in service during the preceding five years.

    This article shall be applicable only to classified workers who request a reduction in contract, who meet the criteria established in this section.

    17B.2 Period of Reduced Contract

    The maximum period during which a classified worker’s contract may be reduced under this article shall be five years. At the conclusion of the period during which a classified worker’s contract is reduced under this article, the worker shall retire.

    17B.3  Rights and Benefits

    A classified worker whose contract has been reduced under this article shall retain all paid benefits afforded full-time classified workers and shall receive the pro rata share of the salary he/she would have earned had he/she continued full-time. In addition, the worker shall retain on a pro rata basis, all other rights and benefits of permanent classified workers.

    17B.4  Duties

    A classified worker whose contract has been reduced under this article shall fulfill the appropriate pro rata share of the hours and classified duties that would have been required had the worker continued as a full-time worker.

    17B.5  Contributions to the Retirement System

    In compliance with Education Code Section 88038 and Government Code Section 20905, a classified worker whose contract has been reduced under this article shall contribute to the appropriate retirement system by payroll deduction the amount he/she would have contributed had he/she continued full-time. The District shall contribute to the appropriate retirement system the amount required by law.

    17B.6  Request for Reduction in Contract

    To implement the provisions of this article, a classified worker shall file a written request for a reduced contract specifying:

    17B.6.1  That the request is pursuant to this article;

    17B.6.2  The reduced contract the worker desires under this article, provided it is not less than one -half of a full contract; and

    17B.6.3  The number of years during which the classified worker wishes his/her contract to be reduced under this article, provided the number of years does not exceed five.

    The request shall be filed no later than May 1 preceding the college year during which the worker wishes the reduced contract to become effective. College year means July 1 to June 30. The request shall be filed with the appropriate supervisor with a copy to the Director of Human Resources. If the worker’s request is granted, it shall take effect at the beginning of the next college year and, unless during the first year of reduction in contract under this article the worker submits a written request to return to full-time employment at the beginning of the next college year, may be revoked only with the mutual consent of the worker and the District.

    17B.7  Other Reductions in Contract

    Nothing in this article shall prohibit a classified worker from requesting a reduction in contract outside of the provisions of this article nor shall it prohibit the District from granting such a request.

  • ACE Update 02.12.18: Class Study – Draft Class Descriptions and Comparator Agencies; Budget Reductions; Retirement Workshops and more

    President’s Message

    Benefit of Belonging

    “What say does ACE have when the District decides to cut positions?” is a question i’m often asked.  The short answer is none. The education code is clear and grants the District the right to layoff positions when there is a lack of funds or a lack of work.   These decisions are made at the senior management level with input from constituents through the participatory governance process.   Ultimately, all decisions must be approved by the FHDA Board of Trustees.

    The long answer is ACE will always work with the District to minimize reductions when they are not obligated to do so. For example, during previous budget reduction cycles, ACE has been successful in saving people from layoff through placement into vacant positions when they didn’t have any bumping rights. There are built in safeguards in the education code for classified workers at community college districts but during a time of layoffs, it is a good reminder why it is important for us to stand together as a union.

    Without the union the District can unilaterally, without any input from you, make all decisions that relate to the terms and conditions of your employment. They can decide which health plans and benefit packages to provide to employees. They can decide how much, if anything, the District contributes toward those benefits. They can decide your classification, what work you can do in that classification, and how much they will pay you for that work.

    They can make any change to your working conditions, that they want, any time they want, without ever asking any classified employee. They can give your work to contractors or temporary employees, they can make you punch in and out on a time clock, they can make you report to a coworker or a faculty member, they can deny you access to a telephone, or discipline you for using District property such as the computer for your personal use.

    Without a union, working together for the good of all, how will you enforce the few statutory rights given to you as a public employee? An example, is that the District can only terminate your employment if it follows the proper procedures and provides the safeguards provided by the statute. A union will make sure the District follows the proper procedures and represent you through all facets of the discipline; but without a union how will you enforce your rights?

    The void when there is no union is the same for every issue you face as a classified employee. The union is always there to advocate for you regardless of the issue and whether it is part of the contract or not. Without the union you would have to pay someone, use a friend, or do it yourself. ACE has attorneys that know the law, both the education code and the government code. They know the administrative and the judicial processes. They help negotiate the contract and enforce the contract when the District violates its provisions, and they represent members when they have an issue/concern or discipline.

    ACE has been successful in removing letters of warning, representing members when there is discipline, getting members paid for out of class work, getting laid off employees their job back and back pay, getting back pay for overtime and meal allowances. Many times the issue is one that has nothing to do with your performance and could be as minor a mistake is made, they overpay you and want the money back immediately, ACE can intervene and assure that the repayment isn’t a burden.

    In other words your union exists solely for your benefit and the benefit of your coworkers. Without a Union there would be no Agreement and no one there to help you when there is an issue with the District. The strength of any association is in its numbers.

    Of service,

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

    Classification Study:  Draft Class Descriptions

    As promised, Koff delivered draft class descriptions by Jan. 31. Unfortunately, only two-thirds of them were completed. The Joint Labor Management Classification Committee (JLMCC) met with them last week requesting an updated timeline and ACE addressed our concerns regarding the length of time this is taking to complete.  Koff acknowledged the delay was on them and estimated it would take another two weeks to complete the final class descriptions.  With a 20-year old classification system, it has taken them longer than anticipated to develop a clear path and framework regarding certain areas.  Taking into consideration that classification is directly tied to compensation, it is in our best interest to have them to take their time and get it right.

    What has been delivered is well structured, comprehensive and clear.  Career paths are identifiable and similar work is grouped accordingly and every member of the JLMCC feels good with what Koff has produced. Once we receive all of the draft class descriptions, we will distribute them with a clear instructions for the feed back process.  As part of that process, we are working with Koff to set up drop-in review for those who have questions regarding their classification.

    Budget Reductions – Your Role

    Senior management, with recommendations from the participatory governance process, make the final recommendations for reductions. Before those recommendations can be implemented, they are presented to the FHDA Board of Trustees for approval.The best way to separate fact from rumor is to participate in the process.  Participatory governance meetings are open to everyone.  Go. Ask questions, like where does the work go?  Can’t make a meeting?  All decisions/recommendations are posted to their appropriate governance web page. A few to review on a regular basis would be:

    Foothill
    PaRC –  At the Feb. 7 meeting, PaRC updated their timeline included guiding principles for reduction.
    De Anza
    College Council  & Campus Budget – The Jan. 19 Finance & College PBT updated their timeline and included some guiding principles for reduction.
    Central Services

    District Budget & Advisory Committee – This tends to more informational and provides a budget update for the district as a whole.

    Why I Think A Union Is Important 

    by Art Hand, Foothill chief steward

    The reasons are many.

    I’ve often said that one of the reasons I’ve served so long as chief steward is because I can remember the job description: it is “to represent the workers to management.” That phrase also encapsulates why it’s important to have a union. We are “represented.” No one of us needs bargain alone with management as is the case in workplaces that are not represented by a collective bargaining agreement. No one of us need face disciplinary action alone should it come to that. No one of us is alone, except by choice.

    Our unit has been represented by three different unions during my tenure here. ACE, our present “exclusive bargaining representative” (Article 1) is the most important one, and the most successful. When we voted to decertify SEIU and form ACE, I was strongly opposed, and said so repeatedly. I have long since repented of that sentiment. My objection was simple: SEIU was a national organization of considerable power. ACE’s effectiveness would depend solely on us, as it would be made up only of us. I didn’t have sufficient faith in my coworkers to pull it off. When wrong–which I have been frequently in life–I’m usually sorry, but not this time. Almost nine years on, ACE is stronger, and more ably run than ever.

    Chris can list our numerous accomplishments as an organization. She is more familiar with them, and in greater detail than I am. She’s also responsible for a lot of them. But not without considerable help from the many coworkers who have served and who continue to.

    Anyway, if you are not sufficiently aware of why our union is important now, you certainly will be in the coming months and years. I’m retiring as of March 31st. I leave now at the beginning of another extended budget crisis. Having been through at least half a dozen in the past thirty-one point six eight years (I can be that exact because I’ve been to PERS), I have seen up close how we, as a District, with all its constituent parts, conduct ourselves. Nobody panics, not the way it went the very first time. In successive crises, we’ve learned more and more to contend collaboratively with the problem, to exploit the time available, to make use of the workforce we have in filling critical positions, to minimize the number of people actually laid off. This commitment starts with the Board of Trustees, and is shared by all levels of management, and ACE. ACE is intensively involved, from making sure everyone’s rights under our Agreement are observed, and that seniority for any workers affected is determined with complete accuracy.

    This coming year will be critical for all members of our unit. Although I will soon be (mostly) gone, a new Foothill chief steward will be appointed by the ACE executive board to serve out the remainder of my term. I should be able before I leave to spend time with my successor to help her/him get a good start.

    There isn’t enough time or space to adequately say why our union is so important. Even a weak union with an imperfect Agreement is better than no union at all. However, we are blessed to have a strong, homegrown organization that has made great progress in negotiations over the years to strengthen our Agreement and protect our interests. I’m not entirely of one mind about leaving. But I have no misgivings whatsoever about ACE, and our homegrown leadership. I think back on my strenuous opposition to forming ACE all those years ago, and can only thank you all–at least the majority of you who voted–for so wisely ignoring me, and voting to forge our own future.

    Seniority: Update

    Last month, we described how seniority is calculated.  ACE has received an updated seniority list and we are spot checking for accuracy.  This process takes a time and it is better to do it now than during a layoff period.  Once ACE is confident the results are accurate, we will let you know. A couple points about seniority.

    • Between promotions and resignations, the list changes all the time.  What is true today might not be true when we are addressing it if/when layoffs occur; and
    • >If you don’t have a lot of seniority, that doesn’t mean you’re automatically leaving. During the last reduction cycle, working with the District, ACE was successful in placing many affected workers into vacant positions when they did not have any right to the position but were otherwise qualified to do the job.

    Classification Study: Position Vs. Classification

    by Chris White, ACE President

    When reviewing the draft class description, it is important to remember classifications are generalized and not every word from the PDQs will be on the final class description.

    Positions and classification are two words that are often thought of as interchangeable; but in fact, have very different meanings.  In a classification plan,

    Position = assigned a group of duties and responsibilities performed by one person. Positions are evaluated and classified based on such factors as:

    • knowledge, skills, and abilities required to perform the work
    • the complexity of the work
    • the authority delegated to make decisions and take action
    • the responsibility for the work of others and/or for budget expenditures
    • contacts with others (both inside and outside of the organization), and
    • the impact of the position on the organization and working conditions.

    When positions are classified, the focus is on assigned job duties and the job-related requirements for successful performance, not on individual employee capabilities or amount of work performed.

    Classification = may contain only one position, or may consist of a number positions.  When there are several positions assigned to one classification, it means:

    • the same title is appropriate for each position because the scope, level, duties, and responsibilities of each position assigned to the classification are sufficiently similar (but not necessarily identical);
    • the same core knowledge, skills, and other requirements are appropriate for all positions; and the same salary range is equitable for all positions.

    A class description is a summary document that does not list each duty performed by every employee.

    • We have already agreed with the district that NO ONE will go down, in pay or classification, as result of the consultants findings.  Read that again.  One more time and pass it on.
    • Classifications are generalized and not every word from the PDQs will be on the final classification description.
    • The goals for this project:  To align job descriptions with the current roles and responsibilities of classified employees, create career ladders were appropriate, and conduct a market analysis of compensation in similar or like jobs in other districts.
    • Authority:  A Joint Labor Management Classification Committee (JLMCC) was established to negotiate this process. Representing ACE are Cathleen Monsell, chair of negotiations, Chris White, ACE president, and Bradley Booth, attorney for ACE.  Representing the District are Myisha Washington from human resources, Lisa Mandy, De Anza administrator, and Kevin Harral, Foothill administrator.  Neither side has more authority and the consultants report to the committee.  ACE and the District mutually agreed to the selection of Koff & Associates after independent research and reference checks.

    Retirement Planning Workshops

     

    Friday, March 9
    Foothill College
    CalPERS • Social Security • District Retirement Benefits

    This retirement workshop is open to all district employees and includes sessions from CalPERS, Social Security, and District retirement benefits. Employees at all stages of their career are encouraged to attend. It is never too early to plan for your retirement.

    Check Outlook for an invitation.

    Classification Study: Comparator Organizations for Compensation

    A classification study takes a snapshot in time of the work being performed by workers.  But that only tells part of the story.  Compensation is another key component in this process.  A study of the current labor market will provide new information to determine whether the organization’s pay structure is appropriate or may need adjustment based on the work identified in the classification portion of the study. Paying people fairly is good for recruitment and retention.

    In developing the list of potential agencies for the compensation study, Koff & Associates (K&A) evaluated a number of comparative indicators related to Foothill-DeAnza Community College District’s (District’s) demographics, financials, and scope of services provided.  The following details the methodology and the specific criteria included in the analysis.

    1. Organizational type and structure: K&A generally recommends that agencies of a similar size and structure providing similar services to that of the District be used as comparators.
    2. Similarity of population, staff, and operational budgets: These elements provide guidelines in relation to resources required (staff and funding) and available for the provision of services.
    3. Scope of services provided and geographic location: Organizations providing the same services are ideal for comparators, and most comparator agencies included in the analysis provide similar services to the District.
    4. Labor market: In the reality that is today’s labor market, many agencies are in competition for the same pool of qualified employees, and individuals often don’t live in the communities they serve.The geographic labor market area, where the District may be recruiting from or losing employees to, is taken into consideration when selecting comparator organizations.

    The comparator agency analysis includes specific data for each proposed agency:

    1. Geographic Proximity
    2. Educational Administrator, Tenured, and Academic Temporary (Full-Time Equivalent [FTE])
    3. Student Enrollment
    4. Classified Staff (FTE)
    5. All Funds – Revenue
    6. Revenue per Student (per $1,000)
    7. Median Household Income
    8. Median Home Price
    9. Cost of Living

    The overall ranking is based on the absolute value difference between the agency on each factor and the District regardless of whether the agency is higher or lower for that factor.  The analysis includes data for informational purposes only, such as the Median Home Price and Median Household Income comparison data.  These criteria are not part of the overall comparison score, as these two factors are components of the % Above/Below U.S. Cost of Living Average.  The analysis utilizes the Cost of Living in the overall rank, as an indicator of the local economy for each agency.

    The recommended agencies are those agencies that were identified as being the most similar to the District based on the eight factors analyzed above except for the recommendation to include Chabot-Las Positas Community College District and West Valley-Mission Community College District.  Koff recommended including Chabot-Las Positas Community College District and West Valley-Mission Community College District, as opposed to the other districts, because Chabot-Las Positas and West Valley-Mission are within the local geographic labor market (and is more comparable in terms of cost of living and cost of labor factors).

    The list of comparator agencies for our study include:

    1. San Mateo Community College District
    2. Coast Community College District
    3. Peralta Community College District
    4. Ventura Community College District
    5. Mt. San Antonio Community College District
    6. San Francisco City College District
    7. Riverside Community College District
    8. Santa Monica Community College District
    9. North Orange Community College District
    10. Contra Costa Community College District
    11. Chabot-Las Positas Community College District
    12. West Valley-Mission Community College District

    With issues of classifications and compensation, using this data-driven approach to determine comparator agencies is a change for the District and one of the key reasons we selected Koff to conduct this study.  Traditionally, the District has used the Bay 10 – West Valley, Mission, San Mateo, Skyline, Cañada, Ohlone, San Jose City, Evergreen, Foothill and De Anza –  for comparison with mixed results.  Our cost of living may be similar to Ohlone (Fremont) or Everngreen (East San Jose), but the size of our institutions in terms of student enrollment and staffing are vastly different.  Using a defined set of criteria, like the eight identified above by Koff, allow us to see real differences between FHDA and the comparator agencies, both in terms of the comparator agency itself and the factors that affect the economy in which the agency is located.

    Common questions:

    We’re conducting a compensation study when there is no money?
    Yes.  Separate from the District’s budget challenges it is important to know if people are being compensated appropriately for the work they do.  Using a strong, industry-focused compensation survey as the foundation for pay decisions allows us to make fairer decisions and manage resources more wisely.

    So, we’re getting a raise?
    Most likely, no.  Based on preliminary independent research, in most instances FHDA pays more than other community colleges.  We will review the information and negotiate with the District based on what makes sense given the fiscal climate.

    Will I lose pay?
    No.   ACE and the District have already agreed no one will go down in pay as a result of this study.