Category: Negotiations

The Only Guarantee is Change

“Change is the only constant” the Greek philosopher Heraclitus said 500 years BC. Imminent budget reductions, the uncertain impact around the Governor’s proposed funding model, the classification study, and an attack on public unions underway in the Supreme Court all have one thing in common, the only guarantee in the end is change.

Funding. With over $17 million in reductions, the timeline to begin implementation remains June 30, 2019. Change comes as we begin to prioritize the work we do with fewer resources. Part of this change will be driven, if implemented, by the proposed changes to the funding model for all CA community colleges. The change moves funding from access only to a combination of access and student performance. I could offer you numerous “what if” scenarios as to how this change may affect FHDA funding and it would do nothing but add unnecessary worry to an already worrisome situation. Unlike previous years where the Governor’s May revise was a good indicator of the budget the legislature would approve, this doesn’t seem to be the case this year. The state chancellor’s office has mounted a large public relations campaign to persuade the public-at-large, and ultimately their representatives, that this new funding formula is a better use of their tax dollars. Representatives from a variety of higher education groups are pushing back just as hard on the negative impact performance-based funding has on student success. It is a fight for funding that we really haven’t seen since the recession in 2008. The only guarantee? How we are funded will change and our priorities (good or bad) will have to adapt. Until the legislature approves a budget, we’re just guessing. For the past eight years, the state has passed a budget on time (June 30). I don’t see this year as being any different.

Classification study.  Nothing impacts your earning potential at FHDA more than your classification and here we are in the middle of a budget crisis asking you to potentially change your classification and the classification structure as a whole. Moving forward with this study does not change the Districts need to reduce its budget by $17 million dollars. We should reject the notion that we only focus on reductions and changes to improve how we operate, build better systems and processes, provide opportunity for growth and evaluate how we compensate workers must wait until this crisis is over.  The goal for this study continues to be 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 budget crisis is dictating we must change.  We need the information collected through the study to help us better navigate and prioritize what that change turns out to be.

An attack on public unions:  Over the past year, ACE has been working to educate you on the benefits of belonging to a union and what we’ve done throughout the years in support of members’ and the organization as a whole.  The imminent decision in the Supreme Court case, Janus vs. AFSCME, may change our ability to collect dues from employees who choose not to be a member of the union but it won’t change one thing. Collectively, we do better.  Don’t believe me? Without the union the District could unilaterally, without any input from you, make all decisions that relate to the terms and conditions of your employment. They could decide which health plans and benefit packages to provide to employees. They could decide how much, if anything, the District contributes toward those benefits. They could decide your classification, what work you can do in that classification, and how much they will pay you for that work.  As part of a union, you have a say. The end result might not always be what you envisioned, and we don’t always get it right, but it is far better than having no say at all.

If given the choice, people mostly choose to stay within their comfort zones, which means doing things the way they always have. In a world in constant change, in our current environment, that isn’t going to work.  Unlike non-union workplaces, you have opportunity to affect that change. With budget reductions by raising concerns and asking questions through the shared governance process. With the classification study, by providing feedback to the consultants and, ultimately, by voting to accept their recommendations or not. Finally, should the courts rule in favor of Janus, by making a commitment to stand with ACE.

Of service,

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

“The fight is never about lettuce or grapes.  It is always about people”. – César Chávez

Draft Classification Description Feedback

By now you should have received a draft of the recommended classification description for your position. Your input is critical. You have over two weeks to review the recommendation and ask questions.  Please submit your feedback to Thuy Quach in human resources by Friday, June 15.

• In writing: Submit your draft classification description with notes/changes/comments for Koff to review. Instructions were sent in the letter from Koff which accompanied your draft classification description.
• By emailing the consultant directly: Our lead Koff consultant, Alyssa Thompson, has provided her email to answer questions. You can reach her at athompson@koffassociates.com.

After Koff has reviewed all input from this initial round of draft descriptions, you will be given another opportunity to review the recommended class description.

If you did not submit a position description questionnaire (PDQ), this becomes more challenging and we are working with Koff on the most effective way to address this issue.

Key facts:

• No one goes down in pay as a result of the consultants recommendations.
• The compensation study comes AFTER we agree on the descriptions.
• Classification and compensation recommendations – must be approved by a vote of the ACE general membership before any changes can be implemented by the District.

Frequently Asked Questions:

Am I expected to do everything listed in the classification description? No, classifications are meant to be general. In a classification plan, a position is assigned a group of duties and responsibilities performed by one person. A classification may contain only one position, or may consist of a number positions.  When there are several positions assigned to one classification, it means the same title is appropriate for each position because the scope, level, duties, and responsibilities of each position assigned to the classification are sufficiently similar (but not necessarily identical); the same core knowledge, skills, and other requirements are appropriate for all positions; and the same salary range is equitable for all positions.

As part of this process, the Joint Labor Management Classification Committee (JLMCC) are working to develop a form to clarify which duties are a priority for each position. This will also help us identify which duties are eliminated during budget reductions and better identify when someone is working out of class. As a reminder, these priorities are set by your supervisor.

Hasn’t the District already told the consultants what the classifications should be and our feedback is irrelevant?  No. These draft recommendations are a result of your PDQs and the interviews conducted by the consultants with you and your supervisor.  After collecting all that information, the consultants, based on their expertise and without directive from the District or ACE, developed their recommendations and delivered them directly to the JLMCC.  If you have questions or concerns regarding their initial draft recommendation, ask the consultants directly, we’ve given you that option. Otherwise, you are guaranteed to get a classification description dictated solely by someone else.

My level was reduced or missing, am I being demoted?  No. In these instances, the consultants felt there was no difference in duties, responsibilities or autonomy between the levels. This may be due to the skill level and knowledge of current incumbents but if you feel it is inaccurate, ask the consultants.  Again, no one goes down in pay as a result of this study even if your title changes.

I would ask you to consider something different.  What if this is an opportunity to raise the base of a classification? In the future, as the roles and responsibilities of employees, required skill sets, and working conditions and environments change, thanks in part to technological and organizational advances, how do we build growth opportunities for a position already identified as senior? Career ladders are one option but they aren’t applicable to every classification. An efficient and effective organization needs logically constructed job families that link and build positions upon each other.

With looming budget cuts, what do these classifications changes mean in terms of seniority?  The current recommendation reduces the number of classifications from 188 to 134. The consolidation of multiple classification titles addressing the same type and level of work promotes a more consistent and equitable treatment of employees. This means more people have options should their position be selected for layoff. As positions are consolidated, it should help reduce arbitrary and capricious position elimination as it requires management to focus on the work needed to address student success and enrollment growth as opposed to who they do or do not like. An updated assessment of the work being performed helps us negotiate where the work can go when a position is eliminated, and an updated classification structure will make it more difficult for management to create classifications with new titles which perform the same duties as eliminated classifications to avoid reinstating workers with reemployment rights.

If a classification is eliminated, any worker in the affected classification will carry all of their seniority from the eliminated classification to their newly assigned classification.  Any worker who is placed in a new classification but their previous classification remains will begin to earn seniority in their new classification while continuing to earn seniority in their old classification. This is no different than what happens under our current classification structure when a worker moves to a new classification.

Summer Work Schedule

July 2 – August 24

To maximize human, financial and physical resources, FHDA observes modified hours of operation throughout the summer. Translation?  Ten-hour days are back beginning Monday, July 2 through Friday, Aug 24.  It also means confusion for staff and supervisors as to how this modified schedule is interpreted and applied.  Last year, changes to our Agreement, which were approved by the general membership in July 2017, affect the start date for the summer work schedule and is different than other bargaining units. The changes are highlighted in red.  The short version:

• Summer work hours for ACE employees officially begin the week of July 2 when the District changed the start date language from the “Monday after the Fourth of July” to the “first full week in July”.  For the other bargaining units, their start date language did not change and their summer work hours officially begin July 9, although they have the option to begin July 2.
• For the July 4 holiday, ACE employees will be paid for the number of hours they would have worked.  All other bargaining units receive up to eight hours holiday pay and if they’re on an alternate schedule (i.e. 4-10-40), they must make up the additional two hours.

Article 13.1 – Working Time
13.1 – If a supervisor assigns a schedule to an employee without their consent then that employee would be entitled to holiday pay for the hours normally worked, (i.e. 4-10-40 would get 10 hours holiday paid).

Article 13.15 – Summer Hours
13.5.1 -Workers assigned to programs and departments where scheduling allows mandated four-day work schedule will be offered a four-day work schedule during the summer for the period beginning the first full week in July and ending the Friday before the Labor Day holiday. Under the summer schedule, the normal workday shall consist of ten hours starting and ending at times appropriate to the needs of the department and agreed upon by the worker and his/her supervisor.

13.5.2 – Workers who work fewer than 10 hours per day during the four-day summer workweek shall select one of the following options to cover time not worked:

1. Use of earned vacation (see Section 10.1 regarding the circumstances under which certain amounts of sick leave can be converted to vacation);
2. Use of earned compensatory time;
3. Leave without pay;
4. A revised work schedule and/or location in order to accommodate the employee if they feel they are unable to work a 10-hour per day four-day work schedule.

Who sets the schedule?
Employees will establish, with supervisor approval, a work schedule of four days of ten hours of work plus a half hour meal break for each day (minimum 10.5 hours total). Meal breaks may be longer upon request, and with the approval of the supervisor. The standard 10.5 hours work schedule will occur between 7:00 a.m. and 6:00 p.m. to accommodate the meal break (7:00-5:30, 7:30-6:00, 7:15-5:45, etc.).
Can I stack my breaks to shorten the workday?
No. Employees may not stack break periods for later use or to combine with meal breaks and may not use breaks to account for late arrivals or early departures. It is a violation of labor law.
I am unable to work a 10-hour day may I set up an alternative schedule?
An employee, with supervisor approval may implement a modified schedule by requesting a different schedule or using accrued leave or leave without pay but cannot use Personal Necessity Leave.
What guidelines does a supervisor follow to determine if a request for an alternate schedule should be approved?

1. Buildings should remain locked on Fridays, except where the department has been approved for an exception schedule and is officially open.
2.  Supervisors should work with employees regarding requests for alternate schedules to ensure that:
   1.  Energy resources are not used inefficiently to operate buildings that are otherwise closed.
   2.  Employees are not working alone where a safety concern might exist.
   3.  Required resources and systems support needed to complete their work are actually available for employees to use.
   4. Special considerations for child care or other extenuating circumstances are taken into consideration with an attempt to find a solution that works for both the District and the employee.
3. Supervisor must ensure adequate coverage and appropriate supervision for the official hours of operation. It is the supervisor’s responsibility to determine when an employee’s work schedule includes Friday that a level of supervision is adequately-addressed.
4. Supervisors and classified staff should be familiar with the provisions of the applicable bargaining unit agreements affecting employees on a 4-10 work schedule.

A few more facts.

• FHDA has no policy regarding working from home as an option and there is nothing in our Agreement prohibiting it.  Any agreement to do so is between the worker and their supervisor.
• Safety is a legitimate concern, but again, there is no FHDA policy or anything in our Agreement that states you cannot work alone.
• The definition for “appropriate supervision” is at your supervisor’s discretion.

Bottom line?
Please keep in mind that the goal for this summer work schedule is to save resources. If you are unable to work a 10-hour day and you do not have accrued leave and cannot take time off without pay, be flexible in your request, be clear on what work you will get done and be accountable with it. Your supervisor does have the final say on your work schedule.

Negotiations Update

Cathleen Monsell, Chair of NegotiationsThe Governor’s final budget recommendation and approval by the legislature is due June 30. Until we have a better understanding how the new funding model proposed by the Governor will impact FHDA, we have agreed to wait to return to the table until early July.

President’s Message

Transparency

Transparency.  It’s a word you will hear a lot as we navigate these budget reductions but what does it really mean? According to Webster, transparency is the quality or state of being transparent, which is characterized by visibility or accessibility of information especially concerning business practices. Transparency doesn’t happen by accident.  It takes conscious effort, patience, a willingness to ask questions and a willingness to listen. Most importantly, for transparency to have any legitimacy, it isn’t what is said but what is done. If words and actions don’t match, it means nothing.

At this point, we all want to know what is happening and how we are going to be impacted by these forces that are out of our control. And we deserve honest, candid, clear and detailed information from the people who make these decisions.  There are the usual sources for information addressing budget reductions – College Council, PaRC, District Budget Advisory Committee, along with their shared governance subcommittees (FH and DA). Ultimately, they’re supposed to tell us what is going to happen but it’s the conversations in department meetings and communication from our supervisors, or lack there of, that tell the real story. It is also the point in this story where fact and rumor tend to become interchangeable, often with dire consequences. Before you repeat something, ask yourself how you know it to be true?  I’m a big fan of getting things in writing. Ultimately, some people will lose their jobs, those left will lose colleagues, and neither of those scenarios are a desirable outcome. Be kind.

Here is were ACE needs your help.  To get to the facts, ask questions.  Where does the work go?  What are our priorities as a department, as an institution? Shared governance meetings are open to all staff.  If something seems off or you’re told not to ask questions or discuss changes, contact ACE.  I’ve said this before but it is worth repeating “it takes active participation and commitment from all the members of ACE to effectively protect and serve the membership as a whole.”

Transparency also applies to ACE. What are we doing? Last September, we updated you on what ACE has done over the past year and that work continues. Our board members serve on all major shared governance committees and we are committed to sharing factual information through this newsletter, at site meetings, in conversations with members, and our website. You can help by sharing this information with your colleagues.  One of our greatest strengths as an organization, and why we chose to be an independent, comes from our unfettered access to legal representation. It is this access which provides ACE with the experience, and leverage, we need when the District decides to not play by the rules. Read on to find out what ACE is doing today regarding negotiations, the classification study, seniority, and our role during layoffs, including what constitutes a reorganization and what your rights are if you are laid off. 

Of service,

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

“The fight is never about lettuce or grapes.  It is always about people”. – César Chávez

Negotiations Update: A Reality Check

Cathleen Monsell, Chair of Negotiations

The 2017-18 Governor’s budget includes a 1.56% cost of living adjustment (COLA). For Foothill-De Anza (FHDA), this translates to a little over $2 million. An additional $4.2 million in ongoing funding to our base apportionment was also included in the budget.  Overall, FHDA received a little over $6 million in ongoing general funds for this year.  Cognizant that a loss in enrollment means a loss in revenue – and potential layoffs for staff – in negotiations ACE proposed a one-time payment of $1500 per employee for 2017-18.

The cost for this one-time salary adjustment would be covered by the $38 million in one-time money – described as stability and carry forward funds – the District has been able to save over the past decade.  The District has presented one budget town hall after another defining how $23 million of these funds will help us buy time as we work to increase enrollment (revenue) while permanently reducing our budget. In all of these scenarios, the one fund which never gets touched is the $15 million set aside as carry forward.  These funds have been around for well over a decade and, for some unknown reason, continue to be off limits.  Says who?  Not the board of trustees.

On March 22^nd, ACE received a response to our proposal.  Due to the budget crisis brought on by declining enrollment the District emphatically informed us that no one would receive a COLA – either through a one-time payment or an ongoing increase – for the next two years. End of discussion.  ACE’s response to this edict? No.

It is true that the District needs to permanently reduce ongoing expenses by $10 million. Continued enrollment losses this year most likely mean reductions are closer to $15 million.  The District has had two years to reverse this trend and has been unable to do so. To be clear, the responsibility for this loss lies squarely at the administrations feet.  Staff and faculty have gone above and beyond to assist in the recruitment and retention of students. To support this effort, ACE didn’t ask for compensation from ongoing funds so we could retain as many staff as possible to serve students and still give the District an opportunity to invest in the employees they purport to value.

The reality of the situation? We are going to be smaller in size and need to operate at a reduced budget level.  ACE will do everything possible, including a closer review of temporary and district-funded student employees, to minimize reductions impacting staff but we can’t guarantee that everyone will have a position as the District works to adjust to a smaller budget.

Meanwhile, the District needs to continue to operate, classes need to run, supplies need to be procured and employees need to be fairly compensated. For FHDA staff, the cost of living continues to outpace any salary increase we have received over the past five years. If past experience is an indicator of future behavior, previous budget cuts and layoffs have shown that staff will be expected to take on more work with no additional compensation.  If we are truly going to address this budget crisis for what it is, a permanent reduction, any budget talk moving forward needs to include some form of compensation increase.

In other words, ACE will be going back to the table to get a pay increase that we deserve!

Classification Study:  What The Delay?

So what is the delay?  I went directly to our consultants to ask.  Their response “We are working through some issues with the ETS classification specifications to ensure that they are reflective of the work being performed as well as the needs of the department, colleges, and District.  The classification concepts and series has been areas where we needed further clarification and an overview perspective, which we are working through with ETS senior management. For example, we want to ensure that the classification specifications and structure reflect appropriate career paths and development opportunities for employees.  Also, technology changes so quickly and so we want to ensure that the classification specifications are written in a way to incorporate changes in technology.”  ETS is the final group of classifications we are waiting on.

As has been stated numerous times, nothing affects compensation more than properly assigned classification.  It is in our best interest to be patient and thorough.

Where does that leave us?  Koff has stated the final class descriptions should be delivered by the end of this week.  The Joint Labor Management Classification Committee (JLMCC) has a meeting scheduled for April 26 to review the recommendations, develop an appeal process and set dates for drop-in questions with Koff.

What you really want to know.  If the class descriptions are delivered by the 25th, look to have them distributed the first part of May.

Seniority List Update

Currently, the way Banner is calculating data for seniority isn’t correct and we are working with human resources and ETS to get this addressed as quickly as possible.  This is a priority for everyone involved and it is imperative that the list be as accurate as possible before reviewing any data with members.

Layoffs – Management Rights, Your Rights

The Public Employment Relations Board (PERB) has determined that it is solely a management right to implement a layoff as defined under California Education Code §88017.

“Classified employees may be laid off either for a lack of work or a lack of funds.  The employees to be laid off at the end of the school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of the school year and of their displacement rights, if any, and reemployment rights. However, if the termination date of any specially funded program is other than June 30, the notice shall be given not less than 60 days prior to the effective date of their layoff”.

• Lack of Funds – When a school district no longer has sufficient funds to support the positions at the college.
• Lack of Work – When a position, and the work that belongs to that position, is no longer needed at the college.

During budget cuts, the District will cite a lack of funds as the rationale for the layoffs. However, there is an order that must be used when determining the individual who are laid off.

Seniority – California Education Code §88127 – “Whenever an employee is laid off, the order of layoff within the class shall be determined by length of service. The employee who has been employed the shortest time in the class, plus higher classes, shall be laid off first. Reemployment shall be in the reverse order of layoff”.

ACE’s responsibility during a layoff are too:

• insure the accuracy of the seniority list;
• meet and confer with the District regarding any classification changes or reorganizations due to layoff; and
• whenever possible, work with the District to place affected workers into vacant positions which they are qualified but do not have any right to the position. In the past we have been successful with this approach, but to be clear, the District is under no obligation to do this.

What happens to the work of laid off positions?
Every department suffering a position loss must re-organize itself, re-set its priorities or simply do without. Reality? The work will most likely be distributed among the remaining employees in the area.  To that end:

• A classified employee may not be laid off if a short-term employee is retained to render a service that the classified employee is qualified to render.
• No one can do overtime to replace the work.
• No one outside the unit can do the work after the position is eliminated.This includes temporary workers, students, faculty, administrator or outside contractors.
• An employee cannot be given more work than they can complete in an 8-hour day.
  • If you feel that you are being assigned more work than you can possibly complete in one day, do not work more than the 8 hours without your supervisor first approving overtime.
  • If you do not have enough hours in the day to complete the extra work, request a meeting and have your supervisor prioritize your work. You may request an ACE steward be present at this meeting.

If you have any questions or concerns, please contact your ACE representative so we can address the issue. This is especially true if:

• You are laid off and you know there are duties in your job that cannot be dropped (e.g. mandatory reports you prepare) and there is no plan to have it done within the unit.
• You are uncomfortable telling your boss any of these things or you do tell them and they ignore you.

What constitutes a reorganization?
A reorganization may occur for various reasons, including:

• Improving business efficiency
• Reducing costs/budgetary reasons
• Repositioning/aligning business units
• To meet the strategic needs of the College/District
• Provide a better service model

Some examples of what may be included in a reorganization include:

• Change(s) in reporting relationships, supervisors and/or location
• Creation of new departments; dispersing of existing departments
• Creation of new positions; reallocation of existing vacant positions
• Reclassification of multiple positions in conjunction with other actions
• Reduction in Force

How does a reorganization work?

Articles 7 & 15 of the ACE Agreement cover the steps for implementing a reorganization.  Some of the basic rules include:

• When a supervising manager plans to reorganize his or her department, the District shall notify the Union and the appropriate chief steward in writing prior to implementation to provide for an opportunity to meet and confer. If the Union does not respond within 15 working days, the changes shall be implemented as proposed.
  • The notification shall include: the proposed changes; impact, if any, on workers; date of proposed implementation; and the reason for the change.
  • If there is a request to meet, the parties shall meet and confer over the impact of the proposed reorganization.When appropriate, such discussions shall include identification of tasks and priorities of positions.
• If no agreement is reached regarding job classifications effected by the reorganization, the parties will appeal to the Vice Chancellor of Human Resources and Equal Opportunity. Within thirty (30) working days of receiving an appeal the Vice Chancellor will render a written decision.
  • The decision of the Vice Chancellor of Human Resources may be appealed to a neutral party, jointly selected by the Union and the District. Within thirty (30) working days of receiving an appeal, the neutral party will render a final written decision.
  • The final decision of the neutral party will be binding.

If you have questions about the possibility of a reorganization in your department, please contact your ACE representative.

If I am laid off, do I have reemployment rights?
Yes, under California Education Code § 88117:

• A person laid off because of lack of work or lack of funds shall be eligible for reemployment for a period of 39 months. The person’s reemployment shall take preference over new applicants.
• If the person is reemployed in a new position and fails to complete the probationary period in the new position, he or she shall be returned to the reemployment list for the remainder of the 39-month period.