Category: ACE News

  • ACE Update 02.06.17: Budgets, Classification Study & the Value of Independence

    President’s Message


    With the governor’s initial budget proposal for 2017-2018 offering very little in increases to base funding or COLA’s, status quo seems to be the name of the game.  For FHDA, the challenge with this concept comes from our continuing enrollment decline, further reducing our base funding, rising administrative costs and the very real impending increases to PERS and STRS retirement obligation to employers.  The state chancellor’s office has stated there is a clear expectation from policy makers that funds have been provided – through increases to base funding and COLA’s – to ensure colleges are covered for new expenses related to pension cost increases.

    The PERS/STRS challenge isn’t unique to FHDA.  Nearly every public agency in California is grappling with how to address this issue and, most likely, change needs occur at the legislative level.  What that looks like is anyone’s guess, but advocacy is key if a pension – an important component of your compensation package when you work for a public agency where salaries tend to be lower than the private sector – is important to you.  To start, the FHDA Board of Trustee as part of their proposed 2017 legislative principles, has included advocating for funding to cover increased employee pension costs but it would not be surprising if the district brought this issue to the negotiating table.

    For FHDA, while enrollment remains a challenge the district has been very clear, with $45 million available in one-time stability funds, we are good for the next two years but if enrollment doesn’t start to increase changes may need to be made in year three.  The district has been non-specific on exactly what those necessary changes would be. The district has also been clear that they are looking at ways to increase enrollment and revenue growth, not make cuts, including a promising new partnership with UC Santa Cruz as one area for potential growth.  The district will be hosting three Districtwide Conversations on Enrollment and Revenue Growth to address this issue.  I will be attending all three sessions and encourage you to join me.

    • Wed., Feb. 22 – 12:30 – 2 p.m., Foothill College, Hearthside Lounge
    • Thurs., Feb. 23 – 12:30 – 2 p.m., Sunnyvale Center, Room 124
    • Tues., Mar. 7 – 12:30 – 2 p.m., De Anza College, Conference Room A/B

    What does this mean for ACE?  As we head into negotiations, this gives us a better idea of how funding could affect our proposals to the district and where we might want to focus our efforts over the next 12-24 months.

    Of Service,

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


    New ACE Representatives

    Joining the ACE board March 1, Cynthia Smith will be serving as the De Anza board member, seat 2 replacing Selda Sigala-Aguilar who is retiring from FHDA at the end of February.  Words cannot express how grateful we are to Selda for her years of service to ACE.  Please take a moment to thank her and wish her a happy and healthy retirement.

    We also have two new members representing De Anza on negotiations, Dana Kennedy, division assistant in the business division and Andrea Santacruz, administrative assistant in A&R.  For the first time in 3 years, as we begin negotiations with the district, our negotiations team is full.


    Classification Study Update

    by Chris White, ACE President

    First, a reminder:  Your position description questionnaire (PDQ) for the ACE classification study is due no later than 5 p.m. on Friday, Feb. 24.

    To ensure your comments remain unchanged, email your completed PDQ to:
    1. The supervisor and/or administrator who signs your time sheet; AND
    2. Myisha Washington, Manager, Compensation, Classification and Employment, washingtonmyisha@fhda.edu.
    3. Keep a copy for your records.

    Second, some frequently asked questions:

    1. How long will the study take to complete?  The consultants have stated it will probably take a year to complete.  The biggest delays?  Missing deadlines, like the PDQ submission, and negotiating the effects of the study’s final recommendations. The more accurate information we provide upfront, and on time, reduces the possibility of delays later. Let’s keep this moving forward and get those PDQ’s in by the Feb. 24 deadline.
    2. Do I really have to submit the PDQ to my supervisor?  Yes.  This study is about the position NOT the person.  If there are large discrepancies between what you define as your duties and what your supervisor does, the consultants – who are neutral in this process – will dig deeper to get a clearer picture of the position.  It is built into the process through the follow-up interviews.  If you are concerned there will be repercussions for things you have written, contact ACE immediately and we will work with you to address your concerns.
    3. My supervisor told me something different than what was presented at the kick-off meetings.  What do I do?  Contact me or Myisha Washington immediately and we will clarify the process for you and your supervisor.  To help ensure we are all on the same page, I will be attending a Classification Study Information Discussion for supervisors and administrators in mid-February hosted by HR.
    4. I’m working on the PDQ and have questions, can you help?  Yes.  You can email me or Myisha Washington at any time.  We will also be offering drop-in assistance on the following dates/times:
      1. Foothill, Altos Room
        1. Feb. 9 – 1:30 – 3 p.m.
        2. Feb. 15 – 11 a.m. – 1 p.m.
      2. De Anza – Staff Development Office, MLC246
        1. Feb. 15 – Noon – 3 p.m.
        2. Feb. 21 – 1 – 4 p.m.
    5. How can I stay informed on this process?  I invite you to avoid misinformation that inevitably makes its way through the grapevine. Instead. be certain to read ACE emails, attend site meetings and bookmark, http://hr.fhda.edu/class-comp/e-ACE%20Classification%20Study%202017.html

    Lastly, all classified employees are expected to take part in the study by completing the PDQ.  Although not every job description will require significant changes, every classification will be reviewed and modified as needed.  At the completion of the Study, all classified positions will have job descriptions that accurately reflect the roles and responsibilities of the position.


    Professional Development Opportunities
    This workshop reviews the ACE PGA (Professional Growth Award) application process, covers eligibility requirements and defines what constitutes professional growth activities for classified professionals. We will also review the ACE Educational Assistance Plan and Travel and Conference Funding. All participants will receive a PGA Organizer binder. Those who already have a binder or folder system from prior workshops should bring them.

    • Thurs., Feb. 9: 10-11 a.m., FH Toyon Room
    • Mon., Mar. 13: 12 – 1:30 p.m. DA Admin 109

    PGA Workgroup
    All classified professionals are welcome to attend these working sessions where we get together to organize our professional growth materials and work on our PGA application. Share your knowledge and experience with others! Get assistance with completing your application and identifying the support materials you need to include.

    • Thurs., Feb. 23: 12:30-1:30 p.m., FH Toyon Room

    CalPERS Planning Your Retirement Workshop
    This workshop is geared towards members who are nearing retirement.

    • Fri., Feb. 10: 9:30 a.m. – noon, DA Admin 109
    • Fri., Feb. 24: 9:30 a.m. – noon, FH Toyon Room

    Please note the CalPERS workshop requires an additional registration by calling (888) 225-7377 or online through your My CalPERS account https://my.calpers.ca.gov/web/ept/public/systemaccess/login/username.htmlFollow the instructions to set up an account if you do not have one.

    Please pre-register for the above workshops by emailing Mary Kay, staffdevelopment@fhda.edu, at the De Anza College Office of Professional Development and letting her know which workshop(s) you want to enroll in.


    The Value of Ownership and Independence
    By Bradley Creamer, ACE member & Foothill webmaster

    When I first came to work for Foothill-De Anza, I didn’t know much about unions. During new hire orientation, I received the basic union orientation but didn’t see the value in being part of it.  As time went by and I learned more about the union itself, I further justified my non-involvement due to the fact that the organization seemed to be a nebulous, distant entity that also didn’t seem to have any value by our local members. I met our local officers and knew that they were concerned for our members, but also saw that union was busy with issues outside of our members’ concerns.

    When the time came that we, as classified professionals, decided to form our own union – one which was independent of a national organization and self-governed – I knew it was the time to participate. I served on the first board of the Association of Classified Employees (ACE). This was one of the best learning experiences I’ve had in my career. 

    Obviously learning the ins and outs of being on a governing board had its trying times, but the most important thing I learned was the value in making decisions ourselves. Many times we had to prioritize items that left out other important issues, much like the current board has to do now. But through ACE, our voting membership has had the power to prioritize those important issues. Our voting membership then makes the decision on actions that impact those important issues.

    Understanding the value of owning and having an independent union has never left me. To this day, I continue to help ACE with the website, online voting and email support. I hope that you also understand the value of ACE.  If you are not already a voting member, become one, and then get involved by serving on the board or becoming a steward.

  • ACE Update 01.09.17: Budget Update, Classification Study, Your Voice & New Parental Leave Law

    President’s Message

    Happy New Year!

    I hope you were able to enjoy some time off during the winter break to do things you like with people you love. I most certainly did.

    Challenges and opportunities come with every new year, and for ACE and FHDA, 2017 is no different.

    Challenge:

    • FHDA’s continued decline in enrollment and budget deficit. The district has been clear that we are fine through the 2017/18 year, but if these trends don’t reverse themselves changes may need to be made. ACE will be monitoring district, state and federal funding and policy decisions for changes which could impact ACE members.

    Opportunities:

    • Budget concerns. We can all help the district during this enrollment decline by simply taking a class. Learn something new and have it counts towards your Professional Growth Award (PGA), which puts money in your pocket.
    • Classification study. An efficient and effective organization needs logically constructed job families that link and build positions upon each other, and in some cases, demonstrate career ladders within particular kinds of work. More on this below.
    • Professional Development. Partnering with the staff development office at De Anza, ACE will be offering workshops on both campuses covering PGA’s, retirement and other negotiated benefits. Watch your email for more information.
    • Negotiations. Always a give and take but as we wait for the Governor’s initial budget at the end of January, and keeping the district’s budget challenges in mind, ACE will be drafting our proposals to the district and asking for your input along the way.
    • Get involved. The classification study and negotiations will only be successful with your participation. Please take the time to fill out surveys, attend meetings, get to know your chief steward and ACE elected members, and most importantly, ask questions.

    Looking forward to working together to make 2017 the best it can be.

    Of Service,

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


    New Chair of Negotiations, Cathleen Monsell

    Effective January 5, 2017, Cathleen Monsell, division assistant in the PSME department at De Anza, will serve as Chair of Negotiations for the remainder of our Agreement, which is set to expire October 31, 2017. She has served on the negotiations team for the past two years and has a firm understanding of the issues facing ACE and FHDA. We are grateful for her service and willingness to step into this critical role.


    Classification Study Update

    The contract with Koff & Associates, consultants for the classification study, was approved at the November 2016 FHDA Board of Trustees meeting.  We have tentatively scheduled ACE member orientation meetings for Tues. Jan. 24 at De Anza and Wed., Jan. 25 at Foothill. Several sessions will be provided throughout these days to give you ample opportunity to attend. One session will be live-streamed and archived on our YouTube channel for those who can’t attend. You will receive a formal invitation to these meetings as soon we as secure the dates from the consultant. Look for it in your email.

    As a reminder, the goal of this study is to align job descriptions with the current roles and responsibilities of classified employees, develop career ladders where appropriate, and conduct a market analysis of compensation in similar or like jobs in other districts.

    As part of our negotiated agreement, Koff and Associates will work in collaboration with the Joint Labor Management Classification Committee (JLMCC) to implement this study.  The JLMCC includes:

    ACE
    Bradley Booth, ACE Attorney
    Chris White, ACE President
    Cathleen Monsell, ACE Chair of Negotiations
    Anthony Booth, Labor Consultant (non-voting)
    Shawna Santiago, ACE Recorder (non-voting)

    Management
    Marietta Harris, Director of Human Resources
    Kevin Harral, Director of Financial Aid, FH
    Lisa Mandy, Director of Financial Aid, DA
    Myisha Washington, Manager, Compensation, Classification, and Employment Services (non-voting)


    ACE Needs Your Voice
    Two negotiators are needed to represent De Anza and Central Services.

    Negotiating our collective agreement is the single most critical responsibility we have as a union and we can’t do it without you.  If you are creative, patient, fair, respectful, and willing to put the interests of ACE members above your own, you have the skills to be a negotiator.

    The Details:

    • $100 a month paid stipend during active negotiations.
    • You must be a permanent, full-dues-paying member.
    • The time commitment is typically less than 2 hours every few weeks during active negotiations.
    • Release time is available and we will work with you and your supervisor to get this arranged.

    Our strength at the bargaining table comes from a diverse representation of our membership.  Please consider adding your voice.

    Contact Chris White, ACE President, for more information.


    New Parental Leave Law

    By Bradley Booth, Attorney
    Law Offices of Bradley G. Booth

    The Short Version

    Effective January 1, 2017, Assembly Bill 2393 provides 12 weeks of paid parental leave for the birth, adoption or foster care of a child by an employee.  Accumulated sick leave must first be used to cover the leave. In the absence of accrued sick leave, the employee will be compensated under extended sick leave–Article 10.2 of the ACE Agreement–an amount that equals 66 2/3 percent of the worker’s basic monthly earnings.

    The Long Version

    Effective January 1, 2017, Assembly Bill 2393 provides for 12 weeks of parental leave for classified employees at community colleges. Parental leave is defined as the birth of a child of the employee, or the placement of a child with the employee in connection with the adoption or foster care of the child by the employee.

    Parental Leave  

    The parental leave will be full-paid leave as long as an employee has sick leave on the books. If the employee does not, then they would receive differential pay or extended sick leave, if eligible. The employee may use up to 12 weeks of accumulated sick leave to cover the leave so the employee may be paid for the entire period they are on parental leave. Any other use of any sick leave during the parental leave will be deducted from the 12 weeks. Therefore, if an employee has 20 weeks of accumulated sick leave upon the birth (adoption or foster care) of a child they may use 12 weeks of the 20 for parental leave, regardless of employee’s gender (in other words this isn’t exclusively for the mother but the father may also use parental leave). If, however, the employee used sick leave for being “sick” during the parental leave that time will be deducted from the parental leave.

    If you only have 6 weeks (or any amount less than 12 weeks) of accumulated sick leave at the beginning of your parental leave, you will receive full pay for the accumulated six weeks. Once your accumulated sick leave runs out, you will receive differential pay in the amount outlined below.

    Extended Sick Leave10.2 ACE Agreement
    Each classified worker shall be entitled to extended sick leave for illness or injury at the end of all full-pay sick leave or at the end of 10 consecutive working days, whichever is later, and continuing for up to 130 working days from the first day of absence because of illness or injury. Extended sick leave shall be granted in increments of not less than one full day for each working day of absence due to illness or injury.

    A classified worker on extended sick leave shall be entitled to extended-sick-leave pay as follows:

    • 10.2.1  For a full month’s absence, an amount that equals 66 2/3 percent of the worker’s “basic monthly earnings” on the date he/she was first absent, to a maximum payment of $6000 per month. “Basic monthly earnings” means 1/12th of the worker’s annual contract salary.
    • 10.2.2 For less than a full month’s absence, an amount that equals an appropriate fraction of the extended sick leave pay calculated under 10.2.1. The fraction shall be determined by dividing the number of days of absence during the partial month by 20.

    Does Not Impact Collective Bargaining Contract

    AB 2393 also states that nothing in the law shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement that provides greater parental leave rights to employees than the rights established under this statute.

  • ACE Update 11.07.16: Classification Study Consultant Selected, Negotiations Update, New ACE Officers, Overtime vs. Comp Time

    President’s Message


    In the past month, ACE has held officer elections, selected a consultant for our classification study and opened negotiations with the District (more on these below), but what stands out the most to me is the increased level of participation from you, our members, at meetings and online through feedback and voting on the work ACE has done on your behalf. Thank you.

    With the exception of my position, ACE is a volunteer run organization and the elected officers serve in addition to their full-time FHDA job.   We serve with the belief that collectively we are stronger together on issues affecting our pay, our benefits, and our working conditions. Throughout the years this has meant COLA’s typically 1% or greater than what the State has offered, comprehensive and affordable health benefits in spite of rising costs, Professional Growth Awards adding to your earning potential, Staff Development Leaves at 85% of your pay, funds to cover travel and conference, educational assistance and more.  Often these benefits are born out of ideas and issues at a specific point in time, morphing and changing as budgets and circumstances allow, but our guiding principle has always been to act in the best interest of our members, even if at times our actions feel antiquated or unfair. It is my hope that you keep this in mind as we move forward.

    As we begin this classification study, now more than ever, your participation is crucial in developing a classification system that works for all ACE members.  With this new study, our goal is to develop a clear, equitable, consistent and competitive classification and compensation structure that appeals to and fosters retention of qualified classified staff professionals while providing opportunities for growth and development throughout the district.  Consistent and ongoing communication will be essential during this study, and we will do our best to keep you informed, but we need you to read, ask questions, attend meetings, and ultimately, vote if we are going to be successful.

    Of Service,

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


    Classification Study Consultant Selected

     By Chris White, President

    After many hours of negotiations, interviewing and checking references, Koff & Associates have been selected to work with us on a classification study.   The contract begins Jan. 1, 2017 and runs through Dec. 31, 2017.   Barring delays, the study is expected to take between 6-9 months to complete.

    After speaking with several labor representatives at other community colleges who were a part of classification studies administered by Koff & Associates, ACE, by way of the Joint Labor Management Classification Committee (JLMCC), selected this agency and is confident that they are the best consultant for our study.  The factors that informed this selection include:

    1. They prioritize a collaborative process with HR and the Union throughout the entire process;
    2. Their job descriptions were more detailed and more concise, making it easier to identify career ladders and when a classified staff employee is working out of class; and
    3. They have a strong background working with colleges of similar size in the public sector and higher education.

    As part of an MOU that ACE signed with the District on Oct. 13, 2016, we agreed:

    1. At this time, the District will fund the full cost of the study. If additional funds are needed beyond the contracted agreement with Koff, we will renegotiate possible use of ACE funds that were approved by ACE members in September 2016;
    2. ACE and the District have joint authority over the study and implementation through the JLMCC;
    3. Regardless of the outcome, no District employee will have his or her salary reduced; and
    4. Effective Oct. 21, 2016, reclassifications currently under review will be completed but no new reclassifications will be allowed. Why?  Because ACE and HR require staff time and resources to prepare for the studies launch. Additionally, there isn’t enough time in the reclassification process, which includes appeals, to get a new one completed before the study is scheduled to begin.

    Why are we conducting this study? The last time FHDA conducted a classification study was nearly 20 years ago.  As you can imagine, the roles and responsibilities of employees, required skill sets, and working conditions and environments have radically changed, thanks in part to technological and organizational advances since that last study in 1998.

    What is the purpose of the study? The goal is to align job descriptions with the current roles and responsibilities of classified employees, develop career ladders where appropriate, and conduct a market analysis of compensation in similar or like jobs in other districts.

    Our members have the final say. It is important for Koff & Associates, the District, and ACE to work collaboratively on this study. If our members do not approve of the final recommendations, they will not be implemented.


    New ACE Officers
    Congratulations to your newly elected ACE Officers, who serve in addition to their 40-hour a week FHDA jobs. Their term runs Jan. 1, 2017 – Dec. 31, 2018.

    Treasurer:                               Annette Perez
    CS Chief Steward:                  Irma Rodarte
    CS Board Member:                 Scott Olsen
    DA Chief Steward:                  Paula Joseph
    DA Board Member, Seat 2:    Selda Sigala-Aguilar
    FH Vice President:  
                    Denise Perez


    Negotiations Update

    By Chris Dubeau, Chair of Negotiations

    For 2016-2017, pursuant to Article 20.5 of the ACE Agreement, ACE opened the following:

    • Article 8: Pay and Allowances
    • Article 9: Holidays and Vacation
    • Article 14: Worker Expenses and Materials
    • Article 18: Benefits

    We are still waiting to see which two articles, if any, the District would like to open.

    With the COLA already negotiated, under Article 8 we also hope to address some of the inequity in earning potential for ACE members our current Professional Growth Award (PGA) system has developed over the years.

    Under Article 9, where two-thirds of our members agreed in our negotiations survey, we would like to move the Cesar Chavez holiday, currently observed in early September, to a date closer to the actual holiday on March 31. We would also like to address the number of holiday hours members are credited if they are required to work a 40-hour a week schedule other than the standard five-day, 8-hours a day workweek.

    Under Article 14, ACE is looking to increase the amount that members can receive for educational reimbursement as well as travel and conference.  Currently, these amounts are set at $1000 and $1500 annually.

    With no increase to employee health benefit contribution rates for the 2017 plan year already negotiated, under Article 18, ACE is reviewing opportunities to address the benefit amount of the Bridge to Medicare Program.  Currently, set at a reimbursement rate of 2.8% (5.6% for employee +1) on the salary schedule for our bargaining unit, the payout rate for administrators is nearly double that which ACE members would receive even though we all pay the same rates for our health care benefits.

    The biggest question mark for most of these items is the budget for FHDA as well as the State’s.  FHDA estimates a $6 million deficit for this year due to declining enrollment. The state budget looks relatively stable but has the potential to be bolstered with the passing of Prop 55. We will have a better idea on what, if any, additional funding the State will offer in the governor’s initial budget proposal in late January.  Until then, we wait.


    Overtime vs. Comp Time

    By Anthony Booth, Labor Consultant
    Law Office of Bradley G. Booth

    Quick history review: In 1938, the Fair Labor Standards Act (FLSA) became law. It established the 40-hour work week by mandating that for any hours worked past 40, employers are legally required to pay time-and-a-half to employees who work these hours. The law further requires that employees are to receive their overtime pay in their next pay period. The goal of time-and-a-half pay is to give employers a financial incentive to hire more workers when they have more work and to ensure employees were given extra compensation for those hours worked beyond 40 in a week. California has also stated that any hours worked over 8 hours a day is compensable overtime at time and a half, except when you work an authorize alternative work schedule, then it’s those hours beyond your regular schedule.

    The California Education Code authorizes compensatory time off for classified workers at community colleges. (See section 88027) It further states that when compensatory time off is authorized in lieu of cash such time off shall be granted within 12 calendar months following the month in which the overtime was worked. (Section 88028). These laws have been included in the ACE Agreement.

    Article 13.2 of the ACE Agreement discusses overtime and comp time requirements including what determines overtime and payout rates.  Beyond those, it is important to note:

    • Any overtime, whether you get paid or take comp time, must be approved, preferably in writing, by your supervisor prior to the hours being worked;
    • The choice to receive pay or comp time is strictly up to the employee. You may choose, but cannot be forced to take comp time in place of overtime pay.  Comp time makes overtime work cheaper for the employer, so they will be more likely to schedule it, because the additional work gets done and takes away the primary incentive to hire more people; and
    • Comp time must be used within 12-calendar months following the month in which it was reported on the time report.  If it is not used within this period the worker will be paid for the comp hours accrued at the overtime rate that was effective for the worker when the overtime was worked

    Any employee who has worked more than 8 hours in a day, unless on an alternative work schedule, or more than 40 hours in a week and their supervisor knows or should know they did the work, and hasn’t been paid for the overtime, should keep track of the hours worked and contact a Union representative.