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2023.04.14 Update – Troublemakers School, Layoffs, Human Resources Woes, Article 4 Grievances, Sick Leave vs. Personal Leave

ACE Members,

This year’s largest Troublemakers School took place this past Saturday (LINK). More than five-hundred people were in attendance at Oakland Technical Highschool, including @Adriana Garcia, @Blaine Agustin, and myself. We’ll describe the event at an upcoming site meeting but general purpose of it was to serve as a forum for rank-and-file workers to get inspired and learn from each other. If you ever get the opportunity to attend I’d highly recommend doing so. Opening speakers provided lessons from recent bay area strikes, which are also described in videos and articles linked:

  • Teamsters potential upcoming strike against UPS  (YouTube) (Article)
  • OEA strike against OUSD (YouTube) (Article)
  • NUHW strike against Kaiser (YouTube) (Article)
  • USW 5 strike against Chevron (YouTube) (Article)
  • “This Year’s Biggest Strike Is By 48,000 Academic Workers at the University of California” (Article)

Labor Notes holds many events online via Zoom and in-person. Review their website (LINK) for one you are interested in attending. Email @Scott Olsen to ask about available funds for reimbursement prior to registering.

Two De Anza students were in attendance on behalf of their unions. The first was a Starbucks worker who spoke as part of a panel describing the benefits of opening up bargaining, necessity for maintaining frequent communication, and the difficulties of negotiating with their corporate employer so far. The second was a UPS worker who was preparing to strike alongside his union siblings and looking to get more involved. Both may speak at an upcoming De Anza event in honor of International Workers Day – more details to come in a separate message.

Layoffs
ACE is currently working with the Associate Vice Chancellor of Human Resources to place members affected by layoff into vacant positions, per Article 11 of our agreement (LINK). Equivalent vacant positions in which a member holds seniority are always considered the least senior for the purposes of bumping and are the first space offered to an employee who has been laid off. Ed Code regarding this process has changed recently and we are working with new administrators to navigate this process with as little disruption as possible. There is no escaping that this transition period won’t have difficulties, but we can certainly remain understanding that these layoffs are not the fault of the employee and they deserve support in adapting to new departments working within their same classification. Empathy at this time is truly appreciated.

This process is a stark contrast to recently tech company layoffs where many employees in outside industry don’t become aware of layoff until their keycard to enter a building doesn’t work or they can’t login to their email. The purpose of our agreement is to maintain our member’s employment, benefits, and wages in a way that is as fair as possible. ACE has had a track record of success in working with the district to make sure no employee leaves the district unwillingly.

As a reminder, while we are in a layoff period ACE members receive first consideration as internal applicants for all hiring committees. When applying for a position as an internal candidate, respond with your cover letter and resume to transfer/promotion opportunity emails sent by Keisha Sentosa. If you are on a hiring committee and the hiring manager is not following this process, contact @Scott Olsen and human resources will be alerted. External candidates should not be reviewed if it is determined that there is a qualified ACE member in the internal pool.

Human Resources Woes
At the past Board of Trustees meeting I continued to speak up about the issues ACE members collectively face – department reorganizations that were approved long ago have yet to be implemented, approved reclassifications have yet to be implemented, pending reclassifications have yet to be reviewed, claims have not been paid out, grievances regarding compensation have not been paid out, crucial reports are inaccurate, … it’s a tragically long list. We’ve filed appropriate lawsuits, unfair labor practices, and grievances to prompt some sort of resolution but no vision for how this situation gets better has been shared. There’s acknowledgement that human resources is under staffed and much is legitimately blamed on Banner. Despite many issues involving compensation being retroactive, that’s not something we can take to the bank if money is needed now. No one should have to wait four months or more to be paid appropriately for their work.

We deserve a functional human resources department that is able to operate within a respectful amount of time and respond in a dignified way so that we can focus on our jobs. The value we provide to the district should be enough to merit that but we may have to speak up in the future if there is no response for how this improves. Join a future site meeting to talk to your colleagues about how we as a union should speak up for change.

Temporary Employee Usage
ACE continues to monitor the usage of temporary employees per Article 4 of our agreement (LINK). If there’s an employee who is not working on a special project or backfilling a vacancy, let us know. We’ve filed four grievances in the past month and held informal meetings with management to come to an understanding.

Sick Leave vs Personal Leave
At the past site meeting the document attached (see original email) to this message was provided to help clarify the usage of sick leave vs personal leave. As a rule of thumb, sick leave is for you – personal leave is for household emergencies or obligations. Contact a steward if you have any difficulty scheduling personal leave for an obligation such as a family member’s graduation (‘tis the season.)

In Solidarity,

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

2023.01.31 Update – President’s Message, FH Board Member Needed, Site Meeting & Merch Survey, Vac Leave Limit

ACE Members,

After watching the evening news last week I found myself thinking back to a speech Stacy Davis Gates gave during the 2022 Labor Notes Conference – you can listen to it via YouTube (LINK). The six-minute speech succinctly recognized the transformative power we have together and examples of the issues we have that go beyond the workplace. Here’s a quote from it:

“Workers suffer from police brutality. Workers have their children’s schools closed down. Workers are facing eviction because housing is unaffordable. Workers are suffering under unfair immigration policies. Workers are dying because we refuse to include “they” instead of “he/him” and “she/her.” Workers are everyone who needs an advocate.”

The heartbreaking violence we continue to witness is intolerable, not inevitable. If it doesn’t sit right with you, stand up by attending a community demonstration, supporting organizations pushing for change, contacting your elected representatives, and by activating members within our union to stand together.

“Labor is plural, we speak in “we” and “us”. Labor is action, because it doesn’t mean anything until we do a thing. Labor is transformative, we change all things.”

GoFundMe Stop AAPI Hate (LINK)
GoFundMe for Half Moon Bay Farmworkers (LINK)
            Ayudando Latinos A Soñar (LINK)
GoFundMe for Monterey Park Lunar New Year Victims (LINK)
            Resources for Monterey Park Victims and Community Members (LINK)
GoFundMe for Tyre Nichols Memorial (LINK)
GoFundMe for Keenan Anderson Memorial (LINK)
GoFundMe for Zirl Wilson Jr Medical Costs (LINK)
Who Are My (Elected) Representatives? (LINK)

Needed – Board Member for Foothill
Thank you to Catalina Rodriguez for serving as a board member during 2022 👏 We are grateful for her time but are now in search of someone to appoint to complete her term which runs through Dec 31st of this year. Please email @Phuong Tran or @Scott Olsen if you are interested in serving as a board member for Foothill. Duties per our constitution:

E. General Duties of the Board Members at Large
There are four (4) board members at large nominated from and elected by the general membership. The board members at large shall:

1) Ensure that the interests and directives of the general membership are represented at board meetings.
2) Serve on a college or district committee pertinent to ACE business and report back to the Board.
3) Attend the classified senate meeting at each location…

Union Meeting and Merch Survey
How should site meetings be held? When should they occur?
Should we have ACE union merch?

Please answer those questions via this survey (LINK Removed – Members Only).

9.2.5 Accumulated Vacation Leave

Workers may accumulate a maximum of two years of accrued vacation. When the accumulated vacation balance exceeds these limits, a worker ceases to earn vacation until such time as the vacation balance is reduced below the maximum earnable…

A worker will be notified by a notice on his/her(their) paycheck when he/she(their) is within two pay periods of reaching his/her(their) maximum vacation accrual for two years. If the worker is within two pay periods of reaching his/her(their) maximum accrual of vacation, he/she(they) will meet with the supervising manager to schedule vacation so that the worker does not lose any vacation to which he/she(they) is otherwise entitled.

To calculate your accrued vacation limit look at your current paystub to see the number of vacation hours you earned, multiply them by the number of months you work during the year, and multiply that by two.

E.g. I earned 16 hours of VAC on my current paystub and I work 12 months per year. 16 x 12 x 2 = 384 hour limit.

If I were near the limit, I would need to take at least 16 hours(how much I earn per month) as vacation before the end of the upcoming pay period. Your limit may be different than mine (it’s admittedly confusing.) Contact a steward if you are near your limit and having difficulty scheduling vacation time with your supervisor/manager/administrator.

In Solidarity,

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

2023.01.17 Update – Storms, Cycling Lessons, TEAs, Comp Time, Building Projects

ACE Members,

I could not have forecasted January 2023 to begin the way it has. Recent weather has closed the district for two days and a power outage led to an additional campus closure at Foothill. Many roadways around California remain in need of repair. People around the state have experienced significant losses due to flooding, landslides, and storm damage. Reach out to a steward if you are having workplace difficulties because of recent storms.

Before you hear it from someone else, for the past few years I have been a bicycle commuter. It’s an activity that helps reduce stress and keep me in shape, but it also has qualities related to union work:

  • Groups accomplish more – Riding in a paceline where riders switch off taking turns at the front is incredibly efficient. Dividing up the work amongst our executive board, negotiating team, and membership allows ACE to get further that we otherwise would on our own. In 2022 I did my first two 100-mile rides. Each one was more bearable among an organized group to split time drafting, sheltering from the wind.
  • Preparation matters – Becoming more experienced, trained, and ready leads to success. Our agreement is a document we have refined over time to better prepare us for the mountains we have to climb in the future. The efforts that leave us sore are the ones we continue to negotiate, like remote work, career ladders, and pay increases.
  • No one gets left behind – There are numerous unwritten rules to cycling, but many are kindhearted. “No drop rides” are ones where no person is left behind or alone. If you are new to the sport, fatigued, or have a mechanical issue someone will be there with you. Interacting amongst ACE members when you have an issue is a great way to collect tools that may patch it up. Consider bringing up problems you have at a site meeting or in a discussion with another member or steward.

Temporary Employees

We need your help understanding how widespread the misuse of temporary employees is. TEAs are only allowable in two situations:

  1. as a “substitute employee,” while an employee is temporarily absent from duty or there is a vacancy due to hiring.
  2. as a “short-term employee,” to work on a project not needed on a continuing basis.

Contact olsenscott@fhda.edu if a temporary employee does not fit either of the descriptions above. Workers who perform work that is ongoing and regular have the right to health, retirement and leave benefits, negotiated salary levels and union representation.

13.2.3 Compensatory Time Off

Do you have comp time that is more than 12 months old? Now that we are in a new tax year and both negotiated salary increases have been implemented, this would be a good time look at 13.2.3, which says:

Any overtime worked shall be reimbursed in compensatory time off within 12 calendar months following the month in which it was reported on the time report. If at the end of the 12 calendar month period the worker has not taken the time off, he/she shall receive overtime pay at the rate that was effective for the worker when the overtime was worked. Compensatory time off may not be carried over beyond these 12 calendar months. The worker has the option of receiving either compensation or compensatory time off for overtime work.

Contact payroll@fhda.edu if you would like to receive the time as compensation. Work with your supervisor if you would prefer to take time off. Remember that the choice is yours – you cannot be forced to take time off.

De Anza’s Megaproject

December’s FHDA Board of Trustees meeting was well attended by the Creative Arts community and supporters. In response to concerns raised there has been a commitment on behalf of college administration to create ample opportunities for shared governance and broader input. At January’s meeting $19,400 was approved to explore alternative designs for how Creative Arts, Student Services, and an event center will be configured. How bond money is allocated between the three areas is the issue.

Sunnyvale’s HVAC

Currently a heating and ventilation retrofit has been planned as a temporary solution. Unfortunately, completion of a permanent fix remains 2-3 years away. ACE responded to air quality and temperature issues but there are no Cal/OSHA standards which are being violated.

Union household celebrating the holidays. Thankful for better working conditions, decent wages, old age pensions, and shorter hours.

I hope you were all able to relax and enjoy time away from work during the end of December break. Daylight hours are now getting longer, today the sun is shining, and I’m looking forward to working with you all this year.

In Solidarity, 

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