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2022.12.06 Update – President’s Message, Creative Arts, Member Information, Legal Actions, New Members, Gatherings

ACE Members,

President’s Message
Looking back at 2022 the impact ACE has had on our livelihoods has been tremendous. Negotiated items from previous years all were paid out: the remote work stipend, classification & compensation study, 5.07% FY21-22 COLA and 5.56% FY22-23 COLA. All provide relief from recent inflation and help us make ends meet in a region with a notoriously high cost of living. Competitive wages acknowledge our valued contribution toward achieving the mission of the district. Thank you to our negotiations teams throughout the years who have worked toward securing these advances 👏 Koff & Associates has also completed reviewing the last remaining classification appeals and affected members have been provided with the final reports.

ACE’s continued effort to maintain access to quality affordable healthcare options is something that has benefited my own family immeasurably throughout my 15 year career with the district. At this time last year I was preparing to have my first outpatient surgery. It went successfully and I recovered without paying outrageous out of pocket costs. In prior years my wife experienced a long emergency hospital stay, where personal necessity leave and sick leave agreement sections allowed me to be by her side. She recovered, later had surgery, and recovered again. To this day my father continues to have access to district health care plans following the passing of my mother, who was a division administrative assistant. Our union contract includes language that allowed him the choice to retain medical coverage.

At a summer workplace event someone asked me, “do you ever stop talking about union stuff?” I can’t recall exactly how I had answered, but honestly the trajectory of my entire life and that of my family would be completely different without our union, so I have a deep appreciation for negotiations, the agreement, and the people who’ve contributed toward crafting all of the protections and benefits we enjoy. When responding to member employment issues, I do so with the awareness that decisions impact entire households and beyond. As president, ACE is always on my mind and its importance is paramount.

De Anza Creative Arts
The college community sent a strong message at yesterday’s collegewide Measure G forum by stressing that future plans should identify a permanent space for Creative Arts that does not diminish its ability to serve students. Recordings of the session are not available. Slides presented can be downloaded from the Measure G De Anza site (LINK) – the “Mega Project” begins to be described on page ten.

No final decision has been made on where A Quad will be relocated once it and the Flint Center are demolished. It’s been tentatively proposed to spend bond dollars to renovate L Quad as a temporary swing space but it would leave Creative Arts floating there without funding for a permanent home.

Student needs remain at the forefront of planning, but more can be done to stress the importance of a quality space for arts programs and services. Please consider attending the upcoming Board of Trustees meeting in person at 6:00 pm on Monday, December 12th:

Foothill-De Anza Community College District – Board of Trustees Meeting
12345 El Monte Road, Los Altos Hills, CA 94022
District Office Building (D700), Board Room (101)

Voicing a concern during the time allotted for “public comment” is extremely impactful on decision making. As a colleague put it, “we are losing campus buildings while at the same time building ‘event centers’ that do not support students and potentially granting space to outside health services buildings.” If you also don’t feel this is right, join us on Monday night to speak up.

Member Information & New Hire Orientations
ACE has received updated and accurate member information that meets all of the criteria described in California Government Code § 3558 (LINK.) Human Resources staff has also been regularly providing contact information for new hires and including an ACE representative at new hire orientations. As such we will be dropping our complaint with the Public Employee Relations Board (PERB.)

For our organization to operate effectively it is important that we know who is eligible to become a member and be able to communicate the benefits of supporting ACE. Thank you to the staff involved with assembling these reports. If you have a minute, please update your own personal information within MyPortal, under “My Profile.”

In addition we will also be dropping our grievance and unfair labor practice after the district met with us to discuss the impact of the masking policy change at the beginning of the quarter.

TEA Lawsuit & Student Workers
One of the remaining legal actions we still have outstanding is our lawsuit against the district for violating education Code § 88003 (LINK), which covers the situations when hiring temporary employees is appropriate:

  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.

We have been unable to get information from human resources which demonstrates temporary employees are being used appropriately.

Why is this important?
If ACE didn’t take action, what would stop entire departments from being staffed with temporary employees who aren’t covered by our agreement, receive lower wages, and lack health benefits?

Also within 88003 is item (e) “Employment of either full-time or part-time students in a college work-study program or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.”

Contact @Scott Olsen if you’ve seen a temporary employee or student worker who is being used in place of offering a benefitted ACE position.

When ACE was established it was with the understanding that legal representation can be the best means to push for enforcing workplace rules. The bulk of our dues go toward our attorneys and they do a phenomenal job of representing us.

2022 New ACE Members
@Megan Agustin Office Assistant • Director (DA)
@Jessica Alarcon Coordinator, Assistive Tech • Disability Resource Center (FH)
@Trizha Loren Aquino Library Technician • Library (FH)
@Sheherazade Arasnia Admin Assistant, Senior • Language Arts Division Office (FH)
@Marybell Arebalo Child Dev Center Teacher • Child Development Center (DA)
@Christian Bonner Laboratory Tech, Ceramics • Ceramics (DA)
@Jared Camacho Ramirez Administrative Assistant I • EOPS DA (DA)
@Shahram Chaichian Client Systems Technician • FH-Technical Services (CS)
@Crystal Chen Admin Assistant, Senior • Kinesiology & Athletics Div Ofc (FH)
@Peter Chow Enrollment Svcs Specialist II • Admissions & Records (FH)
@Alex Collins Admin Assistant, Senior • Business & Social Sciences Div Ofc (FH)
@Vinh Diep Application Support Analyst I • Applications Systems (CS)
@Sharon Garcia-Vega Admin Assistant, Senior • Science (FH)
@Holly Hawkinson Financial Aid Specialist • Financial Aid (FH)
@Pablo Hernandez Lopez Coord, Instruct Supt, Disc • Student Success Center (DA)
@Shane Jones Coord, Facilities & Equipment • Kinesiology & Athletics Div Ofc (FH)
@Michelle Lapitan Coordinator, DSPS • Disability Resource Center (FH)
@Di Liu Coord, Computer Laboratory • Computer Info Sys-Genl (DA)
@Erika Martinez Meraz Nurse Practitioner • Health Services-DA (DA)
@Amanda McCumbee Administrative Assistant I • Counseling (FH)
@Bob Paredes Laboratory Asst, Auto Tech • Automotive Technology (DA)
@Joselyn Perez Student Success Specialist • FH-Adult Education Block Grant (FH)
@Jeremy Peters Library Technician • Library (FH)
@Shaila Ramos Serna Program Coordinator I • VIDA (DA)
@Vanessa Santillan-Nieto Program Coordinator I • Teaching & Learning Center (FH)
@Patrick Satana Client Systems Technician • FH-Technical Services (CS)
@Sonia Sanchez Santoyo Program Coordinator II • Student Affairs (FH)
@Jaclyn Su Administrative Assistant I • F-1 Admissions-DA (DA)
@Nita Thompson Mobility Assistant Driver • DSPS-General (DA)
@Sarah Uribe Police Dispatcher • District Police (CS)
@James Wu Application Supt Analyst, Sr • Operations & Systems (CS)
@Joey Zhou Payroll Technician • Payroll Services (CS)

Welcome to ACE 👏

Site Meetings / Holiday Gatherings
Reminder, site meetings this month will be held in person at each campus as holiday gatherings. Food will be served 🥂

Please RVSP by accepting each meeting on your calendar (check the week of the 12th – 16th)

In Solidarity,

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

2022.11.30 Update – Staff Development Leave, Vision Resource Center, Dues, Holiday Gathering

ACE Members,

Staff Development Leave
Article 10.13 of our agreement covers SDL in detail (LINK) but the due date for applications is quickly approaching. If you are planning a leave during 2023 you have until December 15th at 5 pm to submit your form (with or without required signatures.) Unsigned applications must have all required signatures collected by January 31st at 5 pm.

  • What is SDL? Leave from 1 to 10 months at 85% pay to pursue job-related education, upskilling, or retraining for a different career.
  • Who’s eligible? Those who’ve completed 7 years of service in the District before their leave is scheduled to begin or since their prior SDL.
  • Can I use Education Assistance? Yes. It can be used for courses taken during your leave, but those courses may not be used toward a Professional Growth Award.
  • What if I don’t use Education Assistance? Course hours from your leave (where you weren’t reimbursed) can be used toward PGA Section 1 hours.
  • Can I use Travel and Conference funds while on SDL? Yes.
  • You must agree in writing to render, upon return from your leave, a minimum of two months of service to the district for each month of staff development leave.
  • 10 leaves are approved by the Board of Trustees at the February Board Meeting and announced by March 1st of every year.

SDL is a tremendous benefit that ACE has negotiated for and we highly encourage you to utilize it.

Application for Classified Staff Development Leave (LINK)

If your supervisor/manager refuses to sign the application, please contact your ACE Chief Steward.

California Community Colleges Vision Resource Center
Have you logged onto the VRC lately? (LINK) You might be surprised to find you already have a balance of hours under the “Learner Home” section. Why not complete a few more trainings toward your next Professional Growth Award? Trainings are pensionable under section 1B. They do not have to be completed in a single sitting/session.

The VRC can also be found within MyPortal with Apps, titled as Employee Training.

Keep an eye out for future trainings offered by @Claudia Guzman from De Anza’s Office of Professional Development (LINK.)

Related Upcoming Workshops
California Community Colleges Vision Resource Center
Online: Thursday, December 8th, 1:00 – 2:00 pm

Professional Growth Award / Education Assistance
Online: Thursday, December 1st, 1:00 – 2:00 pm

Professional Growth Award / Education Assistance
Online: Wednesday, December 7th, 12:00 – 1:00 pm

Staff Development Leave Application Support
Online: Monday, December 5th, 12:00 pm – 12:30 pm

Register via Google form (LINK)

Dues Forgiveness – December 2022
ACE member dues will not be charged as part of our December 2022 paychecks. This has been confirmed with Payroll. Thank you to those who checked their November paystubs and sent messages when they saw forgiveness was not applied in November.

  • Always check you paystub! We continue to provide representation for members who’ve received notices regarding alleged overpayments. Contact payroll via email if you feel you’ve been overpaid. Get a response in writing or summarize the conversation to document the response for future reference.
    • The district can go back up to three years to recover “a gift of public funds.”

Our overall rate of .95% or .0095 is being reviewed by a committee with representation from each site. Thank you to @Anthony Caceres, @Erika Flores, @Thomas Marks, and @Logan Murray for serving as a group which will provide a post-pandemic rate recommendation that supports our organization going forward. The last time we took a close look at our dues rate was in 2018 following the Supreme Court’s Janus decision which eliminated fair share fee payers. During that time while looking at my own paystub I learned a few things:

  • PGA Awards are not subject to union dues.
  • Longevity Awards are not subject to union dues.
  • Overtime is not subject to union dues.
  • Dues forgiveness lowers our effective dues rate to .79% with two months of forgiveness (10 out of 12 months.)

As part of a survey in 2019, 75% of the membership voted to maintain a percentage rate based formula and a flat rate proposal was found to be unfavorable by 60% of the membership. (These were two separate questions.)

Holiday Gathering @ De Anza’s Fireside Room
Please join us for hot chocolate, hot cider, oatmeal cookies and cake.
Thursday, December 15th, 12:00 pm – 1:30 pm
More details will be provided in an upcoming calendar invite.

Read the following article if you have a minute: “Every Union Contract Right Now Should Be the Best Ever” (Labor Notes) (LINK)

We could have been included in it. The 5.07% and 5.56% COLA increases along with the classification & compensation study were tremendous achievements that contribute towards making ACE the best ever. We continue to uphold the agreement, defend the contract, negotiate benefits, and create safe working conditions. Thank you for the active participation from all members, stewards, negotiators, executive board members, and our attorneys.

In Solidarity,

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

2022.11.10 Update – Election Results, Mask Policy Meet & Confer, Free Flu Shot Event, Veteran’s Day

ACE Members,

ACE Election Results
Huge thank you to @Shawna Santiago for running the election so well 👏 We sincerely appreciate those who accepted their nomination for a position on the ACE executive board and those who participated by voting. In case you missed the results last Friday, the are on our website (LINK.) Newly elected board members will begin their two-year terms on January 1st, 2023 – Congratulations to Stacey Carrasco, Thomas Marks, Angelica Esquivel, Erika Flores, Phuong Tran, Shawna Santiago, and Kathy Nguyen.

Mask Policy Meet & Confer Results
On Wednesday, November 9th, ACE and District Human Resources representatives met to bargain the impact of the Chancellor’s abrupt policy change. It was agreed that members can individually post signage or verbally request that masks be worn in their work areas. If you are met with resistance, notify your manager/supervisor/administrator. You do not need to disclose your personal need for a mask to be worn but know that you do have the support of Human Resources in cases such as where a person in you are in close contact with is in a high risk category when contracting covid (immunocompromised, too young to be vaccinated, etc..) If an employee has a medical condition accommodations can be made. Contact an ACE Steward if needed.

FHDA CCD’s current overall policy making masks optional aligns with guidance from Santa Clara County (LINK) and the Center for Disease Control (LINK).

We appreciate the Marietta Harris and Ray Quan working collaboratively with ACE to develop practices that create a safe working environment. This meeting fulfills the requirement by our contract agreement to meet with ACE. As such we will withdraw our unfair labor practice and grievance.

As a reminder, COVID-19 Supplemental Paid Sick Leave provides covered employees up to 80 hours of COVID-19 related paid leave, with up to 40 of those hours for isolation & quarantine, receiving vaccines, and caring for a child whose school or place of care is closed and up to an additional 40 of those hours available only when an employee, or family member for whom the employee provides care, tests positive for COVID-19. Review the department of industrial relations frequently asked questions for more information (LINK.)

The leave covers Jan 1, 2022 through Dec 31, 2022. COVID-19 Supplemental Paid Sick Leave is retroactive to January 1, 2022, which means that covered employees who took qualifying leave between January 1, 2022 and February 19, 2022, can request payment for that leave if it was not paid by the employer in the amount that is required under this law.

Free Flu Shots at De Anza Health Services
Today at 10 am until Noon, ACE members Erika Martinez Meraz, Tara Chan, and Rosa-Ann Fragoza will be providing free flu vaccines to students and employees. If you can’t make it today, Wednesday, Dec 7th is the last drop in event. (LINK) to more details.

Future ACE updates should be much less cold and flu centric🤞

Veteran’s Day Holiday
Contract information has been added to your calendars and time has been blocked off as a reminder of tomorrow’s holiday. What are your thoughts on this? Should we do the same for the rest of the district holiday schedule? Let us know at a site meeting or respond via email.

Thank you to those who’ve served in the military. I encourage members to participate in local events honoring veterans, visit your local veterans memorial, or volunteer your time to show support.

In Solidarity,

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