Category: Elections

You Should Run For Office

Seriously, you should run for office.  Have you thought about it?  Have you spent time thinking over the issues that affect you at work and how you would fix them?

Let me ask you this: do you have good ideas about how to make our union better?  Do you say to yourself, “why doesn’t ACE do something about ______?  Do you want to make a difference?

Too often people wait for someone else to create the change they want. Stop waiting. Officer nominations will be accepted October 17 through October 24 with elections held in November.  The positions open for election, their responsibilities and the requirements to run are listed below.

Running for office is scary.  You’re not sure what to do, how you’re going to add one more responsibility to your plate, and you’re worried you will make mistakes.   It is understandable but holding an elected position can be one of the strongest ways to inspire others and create change within our organization.

As member of the executive board, you’re not alone.  Decisions are made collectively and approved by the membership. Training, release time and elective stipends are offered to officers to support the work they do for ACE. As an independent labor organization, ACE decides what issues are important to us, how we spend our money and, most importantly, how we represent our members. We might not always get it right and the path to change can, at times, be excruciatingly slow but the work we do always comes from a desire to help others. I’m not sure how that desire is ever a mistake, even when outcomes don’t match expectations.

So, what office are you running for in the upcoming election?

In Unity,

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

ACE Officer Elections

• President
• Vice Presidents at De Anza & Central Services
• Chief Steward Foothill
• Board Members at De Anza & Foothill

Nominations accepted Oct. 17 – Oct. 24

Submit your nomination at the Oct. 17 & 19 site meetings or send by email to ACE Recorder, Shawna Santiago.

Elections held online Nov. 13-16

Role and Responsibilities of ACE Officers

It takes active participation and commitment from all the members of a union to effectively protect and serve the membership as a whole. We hope you will consider contributing your time and talent and run for office. Elective stipends are provided to officers for their work on behalf of ACE. Terms are two years in length and run from January 1 through Dec. 30.  A member is eligible to be a candidate if he or she is a non-probationary, permanent, classified employee in the District and is a member of ACE in good standing* for one (1) full year. The candidate must maintain good standing as a member if nominated and elected for as long as he or she remains in the elected position.. The following positions are up for election:

• President
• Vice President – De Anza
• Vice President – Central Services
• Chief Steward – Foothill
• Board Member – De Anza/Seat 1
• Board Member – Foothill

All positions require subordination of personal interests to those that represent the highest good of the members.  No officer shall have greater rights than any other member of ACE.  The executive board member is directly responsible for:

1. The operation of ACE.
2. Assuring the appropriate expenditure of funds.
3. Proper and legal administration and implementation of the Constitution.
4. Any representation of ACE that has been authorized by the Board in order to bind ACE or agree to any issues subject to collective bargaining and EERA.

All executive board members are required to attend ACE board meetings held the 2^nd Wednesday of every month from 1-2:30 p.m. They rotate between the two campuses.  Board members are also required to attend the site meeting for the campus they represent. For De Anza, it is held the 1^st Tuesday of the month; for Foothill and Central Services, it is held the 3^rd Tuesday of the month. Both meetings are from noon – 1 p.m.  Ongoing steward training is provided quarterly and open to all board members.  Board member and negotiator training provided as needed.

President: This position receives 100% release time from their permanent FHDA job.  An elective stipend of $550 per month is provided.

1. The President shall preside over all meetings of ACE.
2. The President shall report at General Membership and Executive Board meetings regarding the progress and standing of ACE and the official actions he or she has taken between regular meetings of the Executive Board.
3. The President, in conjunction with the Executive Board, shall appoint members for all standing and ad hoc committees.
4. The President shall have authority to represent ACE with such action affecting policies, aims and means of accomplishing ACE’s purpose, subject to approval of the Executive Board.
5. The President shall serve on the Chancellor’s Advisory and District Budget committees, Benefits committee meetings, any joint labor-management committees, and attend the FHDA Board of Trustee meetings.
6. The President shall serve as an ex-officio member of all committees, including the Negotiations Team.
7. The President shall, in conjunction with the Treasurer, disperse monies drawn against ACE funds, after expenditures are approved by the ACE board.

Vice President:  This position is done in addition to the incumbents permanent FHDA job. Release time is provided to attend to ACE business and requires a time commitment of approximately 10 hours per month. An elective stipend of $200 per month is provided.

1. Upon approval of the Board, the Vice Presidents may be authorized to approve expenditures withdrawn on ACE funds in place of either the President or Treasurer, and shall perform such other duties as assigned by the President or the Executive Board.
2. The Vice Presidents shall serve on the College Council, PARC, College Budget committees and other District committees as assigned.
3. The Vice Presidents shall hold and facilitate site meetings each month at their respective sites.
4. The Vice Presidents shall assign ACE representatives to hiring committees for classified workers in Unit 1 for their respective areas.

Chief Steward:  This position is done in addition to the incumbents permanent FHDA job.  Release time is provided to attend to ACE business and the time commitment varies. An elective stipend of $250 per month is provided.
a. Duties of the Chief Stewards

1. Chair the Stewards Council and report activities of Stewards to the Executive Board in closed session.
2. Be responsible for recruiting stewards and presenting candidates to the Executive Board for approval.

b.   Duties of the Chief Stewards and Steward(s)

1. Represent their respective jurisdiction in all membership meetings in the absence of the members.
2. Be the first line of contact with administrative or supervisory staff subject to this Constitution.
3. Be responsible for the enforcement of all applicable collective bargaining agreements in their respective jurisdictions.
4. Be responsible for holding management accountable for all applicable safety and occupational health laws, rules and regulations, and are responsible for notifying appropriate administrative or supervisory staff of unsafe working conditions.
5. Shall have copies of the Constitution and all necessary working agreements available at all times.

Board Member: This position is done in addition to the incumbents permanent FHDA job.  Release time is provided to attend to ACE business and requires a time commitment of approximately 8 hours per month.  An elective stipend of $125 per month is provided.

1. Ensure that the interests and directives of the General Membership are represented at Board Meetings.
2. Serve on two (2) College or District Committees pertinent to ACE business and report back to the Board. At De Anza , the VP serves on the Finance & College Operations Planning & Budget Team. At Foothill, the VP serves on the Voluntary Employees Benefit Association – VEBA Trust.
3. Attend the Classified Senate meeting at each location. At least one Board Member from each site should attend, but two (2) members should not serve on the same Senate.

*Member in Good Standing: ACE members who pay the full membership dues and are entitled to all rights and privileges of membership.

Professional Development Opportunities Training

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.

• Tues., Oct. 24: 11:30 a.m. – 1 p.m. | FH Student Council Chambers (2018)
• Fri., Nov. 3: 12 – 1:30 p.m. | DA MLC 246

Staff Development Application Workshop

• Thurs., Nov. 2: Noon – 1 p.m. | FH Student Council Chambers (2018)
• Wed., Nov. 15: Noon – 1 p.m. | DA TBD

This workshop will answer these questions:

• What does the classified ACE Agreement say?
• What should be included in your application?
• What is the process for applying?
• What happens when you return from your leave?

• Develop a staff development leave plan, understanding the parameters of plan construction and timelines.
• Prepare a Staff Development Leave application following the ACE-negotiated policies, procedures, and deadlines.

The Booth Law Group

After years of unsatisfactory experience with two national labor unions (CSEA and SEIU), the classified staff of Foothill-De Anza established ACE – an independent labor organization – in 2009.  The dissatisfaction with national organizations were driven by two key factors, a lack of responsiveness and a lack of representation when our members needed it most – during matters of discipline and at the bargaining table.  While ACE is completely run by our members, we contract with the Booth Law Group to represent us on all labor issues. In simplest terms, they show up whenever we need them, but who are they and what specifically do they do for ACE?

Bradley G. Booth, Attorney at Law

Bradley Booth has a long history of standing up for workers’ rights. He began his legal career with the California State Employees’ Association (CSEA). While there he was President of the employees’ union and represented state employees in appellate and trial practice, administrative law, writs, and extensive contract interpretation coupled with discipline and contract arbitration. Prior to opening his private practice, he was chief counsel for the Department of Fair and Employment and Housing (DFEH). At DFEH, he was constantly working to strengthen anti-discrimination statutes in California. Over the past 20 years in private practice, while representing labor unions, he has been able to hone in on and perfect his original passion through an emphasis on labor law and employment discrimination.

Anthony G. Booth, Labor Consultant

Anthony Booth has a background in politics. He spent seven years working on a gubernatorial campaign, which had a major focus on expansion of labor rights. However, his passion for the labor movement began at a very young age when he walked picket lines in support of his father’s union strikes. He has been a labor consultant for the past eight years. Over those years he has represented members in all aspects of labor including individual issues with management and union issues in arbitration and before the state labor board. He recently earned his J.D. from Golden Gate University School of Law.

What They Do

The Booth Law Group provides ACE representation on all labor issues, which include:

• Contract negotiations and enforcement.
• Discipline and discharge.
• Duty of fair representation claims.
• Unlawful employment actions.
• Representation of ACE before administrative agencies and courts of law.

Some specific issues that are covered in the above points include, but are not limited to:

• 24/7 access to legal support on any and all association labor/legal matters.
• Representation of members who are being disciplined at any level of the progressive steps.
• Filing lawsuits in civil court when the District violates the Education Code.
• Providing legal counsel through the entire process of bargaining each year.
• Helping members to file grievances and then representing them through each step in the process.
• Responding to claims made against the union filed with the PERB and filing claims with the PERB against the District.
• Resolving economic disputes between members and the District.
• Attendance and legal guidance at all ACE board and site meetings.
• Providing quarterly training for stewards.
• Providing training for ACE board members.
• Working with members and HR to find alternative conflict resolution, when the issue is not covered in the contract or law.

Most importantly, they are here to support ACE, and you, in any way possible.

President’s Message

When I ran for this office I shared with you that I had two primary objectives:

• Strengthen our ACE Agreement and
• Strengthen the unity of our membership.

Both will always be works in progress, but I feel good about some of the things that ACE has accomplished in the past nine months.  These include giving members first chance to apply for open positions before outside candidates, and permanently reducing member dues.

I don’t feel quite as good that members have been affected by a silence in our Agreement. Some feel unheard about challenging work environments. Some are bothered by the fact that managers–right or wrong– have the right of assignment and that ACE doesn’t have authority to affect a different outcome.  So, I do the only thing I know how to do:  Look for opportunities for change.  To that end, below are some of the ideas and goals that ACE is pursuing–all with the goal of bringing about meaningful change to our workplace:

• Classification study.  The last time that FHDA conducted a classification study, the price of gas was $1.06 a gallon, a loaf of bread cost $1.26, and many of our new members were in high school.   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. 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.  Your approval for the use of ACE funds to pay for a portion of the survey, if necessary, ensures that we have joint authority with the district to determine how this study will be conducted and implemented. We’re still negotiating these terms, and having some financial leverage helps. To keep the process moving forward, we have jointly interviewed four classification consultants and are in the process of conducting reference checks. Once we finalize the terms of the study, we can choose a consultant. We will keep you informed as the process progresses.
• Strengthening classified positions. Along with the classification study, ACE will be reviewing the use of temporary and student employees to see if there are opportunities to create classified staff positions in their place. Earlier this year, we were successful in converting several classified hourly positions into four permanent positions–which now include guaranteed hours and affordable benefits–after a member alerted ACE to a high percentage of district-funded student employees doing the same work as classified staff professionals.  While there are legitimate uses by the district for temporary and student workers, the sheer number of these temporary positions requires comprehensive review.
• Have honest conversations.  We’ve heard the concerns from members regarding retributive and bullying supervisors, heavy workloads from staffing cuts made several years ago, and a lack of job mobility. To address the first issue, we’ve created a Mutual Respect Complaint form to help establish a record of conduct by supervisors when no violation of the Agreement has occurred and use them in our conversations with the district regarding this issue.  We’ve addressed the last issue with our new voluntary transfer process, which gives internal applicants a chance to interview for a lateral position before it is opened to external candidates. It’s not a perfect process, and we’re committed to refining it, but it is a start. ACE has also been holding conversations with the district’s board of trustees, chancellor, and human resources managers regarding accountability for behavior and how it needs to be addressed at all levels, even if there is no direct violation of our Agreement. The more instances we can present in writing through our Mutual Respect Complaint form, the more difficult it becomes for the district to ignore them. Employee dissatisfaction and high turnover have a direct impact on student success, equity, and enrollment and in today’s climate FHDA can’t afford to lose ground in any of those areas.

You can help.

• Get involved. Officer elections are this month.  We also have an opening for a negotiator from De Anza. Not your style? Attend a site meeting or send a representative. For DA, meetings are generally held the first Tuesday of the month at noon in Admin 109. For FH/CS, meetings are generally held the third Tuesday of the month at noon in the Toyon Room.  We’ll be serving pizza.
• Vote.  Throughout the year, ACE will send you surveys to get your feedback.  It’s your feedback that guides your ACE team at the bargaining table.
• Give feedback, offer solutions. Other than myself, all of the ACE’s officers do this work in addition to their full-time FHDA jobs.  None of us thinks that we have all the answers but we will work with you to find answers to your questions.
• Speak up. If you are constantly denied vacation because you’re the only one who does your work and your supervisor is concerned how the work will get done without you, tell us. We will work with you and your supervisor to come up with a solution but we can’t help you if we don’t know about it.
• Be patient.  As my friend and FH Chief Steward Art Hand likes to remind me, everything will always take longer than you think.

As your ACE president, it’s my pleasure to speak with you about any of your concerns and answer any questions you have about your union and the Agreement.  Call or e-mail me anytime.

Sincerely,

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

ACE Officer Elections

Elections for the following ACE positions will take place in October.

• Treasurer
• Vice President, Foothill
• Chief Steward, De Anza & Central Services
• Board Member, DA/Seat 2 & Central Services

Nomination/General Membership Mtg

Oct. 11, DA Admin 109
Oct. 18, FH/CS Toyon Rm. (2020)

For any contested positions, elections will be held online Oct. 31 – Nov. 4.

Negotiations Update

By Chris Dubeau, Chair of Negotiations

Negotiations Survey
Thank you to everyone who responded to our negotiations survey.  With a 30-percent response rate, you told us your top priorities included classification, holidays and vacations, and temporary work.  We are working to address two of those issues outside of negotiations.

• Classification and reclassification through a comprehensive study to be conducted by a hired third-party agency within the academic year.
• Temporary work will most likely be addressed legally.  ACE is now collecting the information we need to develop a clear process for such work.

With the COLA already negotiated (0.6 beginning July 1, 2016), and based on your survey feedback, we’re reviewing holidays and vacations, as well as some additional areas which could affect your pay, like equity for Professional Growth Awards (PGAs) and longevity awards.

Remember that ACE may only open two contract articles in this year’s negotiations cycle. This means that ACE members and leadership must make choices like those you have identified in the recent negotiations survey. Keep in mind the district operates from a you-have-to-give-something-to-get-something stance.

Health Benefits and the VEBA
Last year, ACE also negotiated no increase to health benefits for the 2017 plan year. For this year, through the Joint Labor Management Benefits Council (JLMBC), ACE will address a more equitable distribution of the Bridge to Medicare program in addition to employee health care benefit rates for the 2018 plan year.  The Voluntary Employee Benefit Association (VEBA) is set to distribute funds to post-1997 Medicare-eligible retirees at a rate of $100 per month.  The premium reimbursement is retroactive to January 1, 2016, and the district will notify those that are eligible. An application was agreed upon with minor adjustments and will be distributed as soon as modifications are completed and approved by the VEBA board of trustees.

Negotiator Needed

Representing De Anza:

• 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.

ACE Political Action Committee (PAC)
By Chris White, ACE President

What is the PAC?
Established in 2010, the Political Action Committee (PAC) is a subcommittee of the ACE Executive Board. Reliant solely on voluntary donations contributed by members, the PAC works to support political action which directly relates to FHDA, such as property tax proposals, FHDA Board of Trustee elections or statewide initiatives affecting community colleges.

PAC History
When the PAC was established ACE–with member approval–loaned the PAC fund $10,000 to support FHDA’s parcel tax initiative with the hope of offsetting crippling budget cuts coming from the state.  Approval to fund the PAC was heavily favored by the membership.  However, the voluntary contributions to reimburse ACE for the loan have not been as robust. To date, the PAC fund still owes $3,000 to ACE.

Why is the ACE PAC important?
In this age of “political campaigns through the media,” the reputation of an organization is no longer enough to have meaningful, effective influence on legislative matters. The ACE PAC will strengthen our voice with FHDA Board ofTrustess, local and statewide elected officials. In the upcoming November election, there are three FHDA Trustee seats up for election and six candidates running for those seats; only one candidate is an incumbent. Those elected to our district’s board of trustees are responsible for budget and policy decisions which directly affect the classified staff of FHDA.

Why should you contribute to ACE PAC?
When you donate to ACE PAC, you’re sending a clear message to the FHDA Board of Trustees and local and state elected officials that classified staff issues are important to our profession, to the wider community college collective and to public interest sectors.  That clear message? We will be heard on matters that affect our careers and our families.

How can I contribute?
You can make a one-time donation or a monthly, ongoing contribution for any amount that works for your budget. Complete the ACE PAC Deduction Form and return it to the ACE office (Room D140 which is located adjacent to Lot 1-D at the Foothill campus). You can also contribute your time and talent to political causes and campaigns that are important to you and your classified colleagues.

What ACE Can Do For You

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

ACE supports its members with issues based on the Agreement between ACE and Foothill – De Anza Community College District.  No other document directly affects your role and paycheck in the district as much as the Agreement. You’ll find it online at acefhda.org. Bookmark it now, read it, ask ACE leaders questions if you need clarification on any of its content.

ACE represents its members in:

• Disciplinary action issues to assure that the agreed-upon process detailed in the Agreement has been followed properly. Often, these issues can be easily resolved with further examination of the contract; and
• Violations of the labor code or education code such as your supervisor assigning you to work overtime and then refusing to give you a choice between collecting overtime pay or accruing compensatory time for extra hours worked.  In this example, the choice is yours–not your supervisor’s.

There is no formal mechanism to resolve non-contractual disputes, such as your supervisor behaving unreasonably. ACE is willing to consult and mediate these situations, but the district is under no obligation to do so.

If you believe that a violation of the Agreement has occurred or want answers to your questions, call or e-mail your volunteer ACE stewards.

Central Services: Irma Rodarte, rodarteirma@fhda.edu • x6249
De Anza: Paula Joseph, josephpaula@fhda.edu • x8758
Foothill: Art Hand,  handart@fhda.edu • x7029

Be aware, ACE does not represent its members in discrimination cases, workers’ compensation claims or disputes between FHDA classified staff employees.

• Discrimination cases: These are to be handled by the Department of Fair Employment and Housing (DFEH) [http://www.dfeh.ca.gov]  and the Equal Employment Opportunity Commission (EEOC) [https://www.eeoc.gov]
• Workers’ Compensation Claims: We recommend that ACE members consult, at their own expense, Kathleen Storm of the Mastagni Law Firm at  (916) 446-4692; and
• Disputes Between Classified Staff: ACE maintains a responsibility to represent all ACE members.  It is the responsibility of your supervisor and/or the district’s human resources office to address these disputes.