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2023.09.12 Negotiations Update – MOUs for COLA, Benefits, and Agreement Articles 3, 7, 9, 10, 11

ACE Members,

ACE and the District have reached an agreement on Cost-of-Living Adjustment (COLA) for 2023-24 and benefit costs for plan year 2024. The memorandums of understanding (MOUs) for both items are attached to this message.

ACE Negotiations Update 20230912.pdf
MOU JLMBC Benefits Plan Year 2024 Final.pdf
MOU COLA 2023-2024 Signed 20230822.pdf


  • An ongoing 7.22% increase effective July 1, 2023. 
  • Implementation requires a couple of steps:
    • Ratification by ACE membership.  This will be completed by the end of September. 
    • Board of Trustees for approval (this is performative). This will most likely be their Oct. 2 meeting.
    • See the money? When asked for a timeline on implementation, the district was unwilling to give a definitive date, but it was agreed that sooner rather than later would be beneficial for all. We’ll keep you posted on this.

Benefits for Plan Year 2024 – See Attached MOU for Plan Rates

  • Employees will pay 15% of the medical premium for plan year 2024.
  • District will pay 85% of medical plan premium plus full dental and vision premium.  See attached MOU.
  • It is important to remember that the bargaining units and the district negotiate who pays how much based on CalPERS’s plan options but neither has any say in what plans they offer, the cost of a plan including deductibles and co-pays, or what practitioners are included in those plans.
  • New rates become effective January 1, 2024.
  • Open enrollment to select plans for 2024 runs Sept. 19 through Oct. 13, 2023.
    • An Open Enrollment Benefits Fair will be part of District Opening Day (09/20/23) in the Foothill College Dining Hall from noon to 2 pm.
      • The Benefits Fair for the 2024 plan year provides information about the CalPERS health care plans and other benefits available to employees and retirees such as life insurance and supplemental retirement planning. 
      • All insurance carriers and 403(b)/457(b) vendors have been invited to attend the event to answer employees’ questions in person.

Articles in the ACE Agreement
ACE and the District have reached tentative agreements (TAs) on several items open for negotiations. Member ratification of these TAs will occur when all open items are resolved.

Article 3 – Union Security

  • Removes fair share feepayers language because of the 2018 Janus Supreme Court Decision.  Adds language defining what unit information District is required to provide to ACE and when.

Article 7 – Employment Practices  

  • 7.5.1 – Selection for Promotion – Changes when internal candidates can apply for a position before external candidates.  Why?  Cal Code Regulation 53021(c) says “shall actively recruit from both within and outside the district work force to attract qualified applicants for all vacancies” There are a few exceptions where internal recruitment/promotion can happen:
    • a reorganization that does not result in a net increase in the number of employees;
    • one or more lateral transfers are made and there is no net increase in the number of employees;
    • a position which is currently occupied by an incumbent is upgraded, reclassified, or renamed without significantly altering the duties being performed by the individual.

Article 9 – Holidays and Vacation

  • 9.1 – Formerly adds Juneteenth to the list of holidays for a total of 18 paid holidays a year.
  • 9.3 – NEW – Floating Leave (formerly called Personal Necessity Leave)
    • Maintains 40 hours of paid leave. If unused, does not roll over to new year (July 1 -June 30). If you leave the district, you do not get paid out for any unused Floating Leave.
    • May be used for planned absences which other leaves (sick, personal) aren’t appropriate.  You are NOT required to inform your supervisor of the purpose of the request.
    • Must get signed approval in advance to take the leave.
    • The description of this type of leave was changed because the Ed Code has a very specific definition of “Personal Necessity Leave” (see Article 10.10). To comply with the Ed Code and maintain our current leave structure with the extra 40 hours, we needed a new name for it.

Article 10 – Leaves

  • 10.4 – Parental Leave – Amended language to meet changes to the law.  The maximum leave is 12 weeks within a 12-month calendar (new).  If you use sick//vacation leave to keep your full salary while on parental leave, the number of weeks you use is subtracted from the 12-week total that parental leave allows. If you choose, once you’ve used all your accrued sick/vacation leave, any remaining weeks left on your 12-week parental leave will be covered at 50 percent of your salary.
  • 10.10 – Personal Necessity Leave – 7 days per year, drawn from accrued sick leave.
    • For emergency purposes and/or qualified absence under ed code 88207. Supervisor can request a reason for leave.
    • Can be used immediately upon employment.

Article 11 – Layoff

  • 11.1 – Incorporates language for new layoff process found in California Ed Code sections 88014, 88015, 88017, 88117 and 88127, which requires notice by March 15 and allows the affected worker the right to a hearing to determine if there is cause for not reemploying then employee for the ensuing year.
  • 11.3 – Notice and Consultation with Union – To determine if other opportunities are available to affected workers.
  • 11.4 – Notice of Layoff & Procedures – March 15 notice.

Articles Still Under Negotiation
Article 8 – Pay and Allowances

  • 8.4 – Longevity – asked for an increase of $10 per award.  To date, no response from District.
  • 8.7.2 – Weekend Pay – asking for parity with other bargaining units and increase weekend stipend from $75 to $100 per month. To date, no response from District.
  • NEW – Bilingual Pay – asking for parity with other bargaining units and provide $100 per month stipend for workers who are requested to use their bilingual skills, including American Sign Language. To date, no response from District.

Article 9 – Holidays and Vacation

  • 9.2.1 – Full-time Workers – asking for parity with other bargaining units and provide 16 hours vacation accrual per month.  District rejected the proposal but has not provided a counter.

Article 13 – Hours and Overtime

  • 13.2.6 – Remote Work – offered a process to evaluate a position’s suitability for remote work. To date, no response from District.

Article 16 – Disciplinary Action

  • 16.5 – Time Limit – The District wants to align our agreement with Ed Code 88013 (d) which states they can’t initiate any disciplinary action for any cause alleged to have arisen more than two years prior to the worker becoming permanent nor for any cause alleged to have arisen.  For more than a decade our agreement has stated they can’t do this if it is more than one year.  To date, the district has provided no compelling argument to change it.
    • Unlike the change to internal recruitments that says we must have an open process; this law does not prohibit shortening the time limit it just says it can’t be longer than two years.

In Solidarity,

Chris White (she/her) | Archive Coordinator
Foothill-De Anza Archives | 650.949.7721
Hours: Mon – Thur 7:00 a.m. – 5:30 p.m., Please note, the physical archive is currently closed for renovation. 
Foothill-De Anza Association of Classified Employees (ACE) | Chair of Negotiations

2023.07.31 Negotiations Update – COLA & Benefits Agreement

ACE Members,

Please see the attached write-up detailing our upcoming COLA and benefits tentative agreement with the district. (ACE Negotiations Update 20230731.pdf)

The negotiated 7.22% salary schedule increase and management of system-wide benefits cost increases are only possible due to your support of collective action, along with labor groups diligently working together.

Kudos to Chris White, Sushini Chand, Chris Chavez, Keri Kirkpatrick, Joseph Gilmore, and Andrea Santa Cruz for their work on these negotiations.

In Solidarity,

Scott Olsen (he/him) | ACE President |
650-949-7789 | M-F 8:00am-5:00pm

2023.05.18 Update – Layoff Update, Additional May CalPERS Paycheck Deduction, May Revise, COLA, Contract Negotiations

ACE Members,

President’s Message
The FHDA CCD Board of Trustees agenda had yet to be released prior to the previous ACE update message, but you can see what was discussed and acted upon on May 1st (LINK). “Ratification of Contracts”, the “Human Resources Report”, and the “Human Resources” specific sections are items I pay careful attention to – Is there an attempt to contract out our work? Who’s been hired? Who’s earned a PGA? Who’s resigned or retired? Are there new MOUs or agreements with labor groups? All the answers are there. On the June 12th agenda we have made it clear that we are expecting to see our updated 2021-2024 Agreement and our sunshine letter, which legally kicks off the contract negotiations process. While the text of our 2021-2024 Agreement will be very similar to 2018-2021, there are updates which are long overdue for us to literally be on the same page when it comes to understanding conditions of employment. The Agreement is a foundational document that we refer whenever there are misunderstandings about an employment practice or questions about how to proceed – it’s akin to a game’s rulebook but attorneys are involved on both sides.

I recognize almost everything takes longer than expected but we do need capacity on the District administrator-side to take care of business without having to file lawsuits, grievances, and unfair labor practice charges. The June agenda along with how our negotiations go forward will be telling. As members I encourage you to pay close attention, be engaged, and ask questions.

Layoff Update
As a reminder, current layoffs are not due to a shortfall in the general fund and are not the fault of the affected employees. ACE continues to work with the Associate Vice Chancellor of Human Resources to place employees into positions in which they hold seniority or find comparable alternative positions, per Article 11 of our Agreement. We also continue to scrutinize the use of temporary employees and contractors to argue for permanent benefitted positions to be created where it has been demonstrated that there is an ongoing need. Thank you to those who’ve brought examples of misuse to our attention.

Upcoming Additional CalPERS Employee Contribution for 2.5% Salary Increase Now Being Pensionable
CalPERS members hired after 2013, or PEPRA (Post-Employee Pension Reform Act) members, will see an additional deduction on their May paychecks to pay for the employee contribution for making a “temporary” salary adjustment pensionable. The average deduction is $190 (median $205). Contact @Scott Olsen for the exact amount or this would create a financial hardship.

This additional deduction is a result of winning our lawsuit against CalPERS, which determined that the OSSP-np line item (off salary schedule payment-non pensionable) was actually pensionable for all of our members. Not only does this affect the past salary schedule increase, it will be precedent setting in the event we negotiate for future one-time salary increases and both PEPRA and Classic members will be treated equally.

Negotiations and the May revise of the Governor’s 2023-2024 State Budget (by Chris White, chair of negotiations)
Last week, the Governor released the May revise for the proposed 2023-2024 state budget.  I would encourage you to read the full proposal as it relates to CCCs.  You can find it here:  

The part most people want to know, is the cost-of-Living adjustment (COLA). It crept up from 8.13% in January to 8.22%.

WOOHOO!  That means we’re getting an 8.22% COLA!  Not so fast.  For FHDA, COLA is not an automatic pass through, and we must bargain any increase.  A couple of facts about this state budget proposal:

  1. The legislature and the governor must agree and sign it by June 15, which means there is still time to negotiate.  Historically, it hasn’t changed much from the May revise proposal, but this COLA is funded differently.
  1. A portion of this COLA is funded through one-time funds.  That can be problematic down the road and may have an impact on the final budget.  The Legislative Analyst’s Office outlines some of those concerns here:
  1. FHDA has its own budget issues with over a decade of declining enrollment, increasing costs, and the ending of hold-harmless funding in 2024-25.  When this happens, we won’t lose funding, we also won’t get any new funding (like COLAs) until our enrollment matches the funding the state has been giving us despite fewer students (its pegged to 2017-2018 enrollment).  That means unless we increase our FTES on average by 1,000 over the next three years or we get a five percent or more COLA each year during that same time period, both are highly unlikely, wages will most likely remain stagnant.  

So, what are we getting?  Your negotiations team will do everything to be fair in our proposals to help our members get a COLA that works for them now and in the future.

As I mentioned in my last update, we are expecting our proposals to go to the board of trustees’ June 12 meeting.  In addition to the articles, we are opening – 8 (pay and allowances), 9.2 (Vacation), 13.2.6 (Remote Work) and 18 (benefits) – you’ll see some additional items which need to be amended due to changes in the law.  They are:

  • Articles 3 – Union Security – this is the elimination of fair-share fee payers from the 2018 Janus supreme court decision.
  • Article 7 – Employment Practices – this is a change in probationary status where the maximum is now six months. Ours is currently 1 year.
  • Article 10 – Leaves – this is a change in parental leave (12-weeks at 50% of pay, can’t be supplemented with any other leave). Change says the max is 12 weeks within a 12-month calendar.  If you use sick/personal/vacation to be covered at 100%, the number of weeks you used is subtracted from the 12-week total that parental leave allows.  You still can’t use parental leave + your earned leave to accrue 100% of your salary.
  • Article 11 – Layoffs – sets March 15 notice deadline and requires the option to have an administrative hearing to demonstrate the layoff is due to a lack of work or lack of funds.  
  • Article 16 – Discipline – changes the length of time from one year to two that the district can’t initiate any disciplinary action for any cause alleged to have arisen prior to the worker becoming permanent nor for any cause alleged to have arisen. 

In solidarity
Chris, chair of negotiations

Sushini Chand
Chris Chavez
Joseph Gilmore
Keri Kirkpatrick
Andrea Santa Cruz

We hope to see many of your tomorrow at Classified Professional Development Day.
Be sure to connect with your ACE representatives (LINK).
What’s the difference between ACE and Senate? (LINK).

In Solidarity,

Scott Olsen (he/him) | ACE President | 
650-949-7789 | M-F 8:00am-5:00pm

… and happy bike to wherever day(s) 🚲(LINK).