Category: Negotiations

  • ACE Update 04.06.2020: Resources; Negotiations Update; PGA Applications; March COLA codes explained; CalPERS Lawsuit

    President’s Message

    Week four of this shelter in place (SIP). For some this transition has been seamless. They love it.  For many others, it’s a little tougher. Some are missing students, colleagues, access to good internet or critical files you can’t get too, or simple everyday human interaction. Be kind to yourself and take time when you need it.

    “Some days, doing ‘the best we can’ may still fall short of what we would like to be able to do, but life isn’t perfect on any front-and doing what we can with what we have is the most we should expect of ourselves or anyone else.” Mr. Rogers

    The District has been very good about working with the bargaining units on developing policies and providing resources around remote work, adjusting agreed-upon negotiation deadlines so our members aren’t negatively affected, and overall giving everyone a little grace during this difficult time.

    During this time ACE continues to work on negotiations, the classification study, and represent members as needed. If you need anything or have suggestions, please drop me a line.

    Gratefully,

    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

    Chair of Negotiations, Cathleen Monsell

    Due to the Coronavirus (COVID-19), negotiations have been suspended while the District attends to operational issues so all employees can work remotely with the shelter in place (SIP) mandated by state and county health departments.  As such, classifications agreed to by the original deadline of March 20 for retroactive payment to July 1, 2019 have been extended to two weeks after the date negotiations resume. We haven’t set a date to meet.

    Prior to the SIP, negotiations had been moving forward in a positive manner and we don’t expect anything different once we are able to meet again at the negotiations table.


    Resources

    ACE has worked collaboratively with the District and other bargaining units to develop guidelines to help you navigate this new work reality. Some of the most common questions I receive revolve around financial support for using personal cell phones/internet charges or internet is too slow/bad connection, what can I do? Additional resources are available to address these and other concerns.

    Phone
    If you don’t want to use your personal cell phone, you can have ETS install the Jabber application on your desktop and send/receive calls from your computer. To find out how to go here:  http://ets.fhda.edu/getting-help/phones/index.html#Jabber

    Technology Assistance
    Financial assistance to establish or upgrade your home internet equipment:  https://app.smartsheet.com/b/form/00e5d83ca855407e99178dbc5a54c79f

    Access to Campus
    Per email from Vice-Chancellor of Business Services, Susan Cheu, effective 04/02/2020 employees will not be allowed to come on campus unless they have been designated as part of a critical group. Understanding that many employees were not prepared for the shelter-in-place to extend past April 7th, employees with critical needs will be allowed access to their offices and/or classrooms on Wednesday, April 8th, between 8 AM to 12 PM, provided they obtain prior approval. Employees should contact their dean/manager who will then receive approval from their respective Foothill College – Vice President, Finance and Administrative Services (VP), at De Anza College – Vice President, Administrative Services or a Vice-Chancellor if you are a Central Services staff member to come on the campus. The VP/VC will notify the Police Department of the approved visit including the employee’s name, visit location, arrival time and anticipated length on campus. After this date, non-critical employees will not be allowed on campus for any reason

    Human Resources
    As part of your negotiated benefits, the Employee Assistance Program (EAP) program is offered at no charge and provides a valuable resource for support and information during difficult times, as well as consultation on day-to-day concerns. EAP is an assessment, short-term counseling, and referral service designed to provide you and your family with assistance in managing everyday concerns.

    Professional Development
    April 6-10: Foothill College https://foothillcollege.instructure.com/courses/13146; and
    De Anza College http://www.deanza.edu/online-spring/training

    Ongoing: Foothill https://foothill.edu/staff-development/

    Other:
    Work project ideas:   http://hr.fhda.edu/_downloads/FHDA_Assignment%20Ideas_COVID19.pdf

    Our classified senates are also working hard to make sure we have the support we need. The Central Services Classified Senate has collected resources for training and supporting you here: Ideas for Supporting for Classified Employees during Shelter in Place.xlsx. Please feel free to add your own best practices and tips for staying connected and productive in your new work environment. Share it with your colleagues.


    Welcome New Members

    Please take a moment to welcome our newest members.  Invite them to a site meeting, answer their questions or point them to their steward if they need additional guidance.  Our association only works with active participation from all our members.

    De Anza
    Dan Pitchford, bookstore courseware coordinator, Bookstore

    Foothill
    Martin Solorio, library technician senior, Library
    Saul Torres, assessment specialist, Assessment


    March Paycheck Codes – COLA

    The recent six percent cost of living adjustment (COLA) with retroactive pay to July 1, 2019 which finally hit our paycheck (yay!) bu the codes have left a few questions. Namely, what do they mean?

    • COLA w/R = COLA with retirement (the 3.5% that is pensionable income);
    • OSSP- np = off-salary schedule-pay, not pensionable (this is the 2.5% that isn’t considered ongoing by CalPERS)There are two, one for the current month and one for the retroactive payment; and
    • Retro NR – Retroactive no retirement (for overtime pay which is not pensionable income).

    As a reminder, with pension reform in 2013 CalPERS will only accept ongoing salary increases as pensionable.  Of our six percent COLA, currently, only 3.5 percent is ongoing, the additional 2.5 percent is allocated as one-time for this year and next year, 2020-21.  With the successful passing of the bond, we are able to reopen negotiations on compensation and potentially turn that 2.% percent into ongoing.  There are no guarantees and until we do, CalPERS only recognizes 3.5 percent as pensionable. Obviously with the shelter-in-place, getting to the negotiating table is stalled.


    Current PGA Application Deadline

    Progressional Growth Award (PGA) applications are due to committee members on the 10th of each month. If you were going to turn in an application this month, or any time while we are working remotely, please continue to turn in your application by the 10th.

    The PGA committee recognizes, in the rush to get everyone off-campus, you may not have all of your supporting documents for your PGA application. And you may not be able to get it until we return to campus.  While the committee will not be able to verify your application meets PGA criteria during this shelter in place (SIP), they also do not want to penalize members who get their applications on in time.  As such, the implementation and anniversary date of the award will be the month the application was submitted but the actual money for the award, including any retroactive pay for months during the SIP, would not show up in your paycheck until we are able to return to campus, verify the application and then submit it for Board of Trustee approval. If upon return, the committee is unable to verify the activities to meet PGA guidelines, the implementation and anniversary date would not be retroactive.

    If you have questions about your application, please review it with a PGA committee member before you submit it.

    PGA Members
    Denise Perez, FH
    Shawna Santiago, FH
    Mary Medrano, DA
    KIt Perales, DA
    Kris Lestini, CS


    Census 2020

    Did you know each year, Census data informs federal funding for more than 100 programs, including school lunches, highway construction, and education? It will determine congressional representation and provide data that will impact communities for the next decade.

    It takes 10 minutes to fill out online:  https://my2020census.gov/

     


    CalPERS Lawsuit – Update

    In March 2019, ACE filed a lawsuit against CalPERS regarding the temporary five-percent salary adjustment for the 2019-20 fiscal year and their denial that it would qualify as pensionable income for all members.  A court date for February 2020 was set to determine if we should be in front of a hearing officer at CalPERS or if we are properly before the court. In January, we were assigned a trial date but our attorney exercised our right to ask for a different judge. This is one of the nuances which could impact the outcome and we are lucky to have a labor attorney with 30 plus years experience.  All information was submitted to the court in early March but non-essential trials have been put on hold until the shelter-in-place is lifted.  Our case is not deemed non-essential.

    When the courts reconvene and they make a ruling on our standing, we can then have a hearing on the merits, either before an administrative law judge at CalPERS or in court in front of a judge. As a reminder, the decision, will impact employees from all bargaining units including administrators.


    Dues Forgiveness April, May, and June 2020

    email sent to all members 04/02/2020

    Good morning ACE Members

    I hope this finds you well and navigating these crazy times as best you can.  A tweet came through my feed yesterday that was so on target, I thought I’d share it with you:

    “You are not working from home; you are at your home during a crisis trying to work. I’ve heard this twice today. I think it’s an important distinction worth emphasizing”

    It is undeniable that the Coronavirus (COVID-19) has impacted the way we work and do business.  As such, the ACE Executive Board recognizes it has the potential to negatively affect our members financially. FHDA permanent workers are still being paid in full. Full stop.  However, many private businesses have closed and/or laid-off workers. From our 2019 member negotiations survey, we know 42 percent of respondents indicated they had, or have had, a second job to keep up with the high cost of living in our area. For those members or members who share financial responsibilities with a partner who works outside of FHDA, that supplemental income most likely has been affected negatively by COVID-19.

    To help alleviate any financial stress COVID-19 may have brought to you, ACE will be forgiving dues for April, May, and June 2020.

    How can we do this?  Through prudent financial action from this, and previous boards, we have a savings account to address crises like this.  The Board unanimously voted that this is the appropriate time to use some of it.  Even as we take this action, we still have a $500,000 strike fund, five percent of operating reserves and additional funds to cover our pending lawsuit against CalPERS.  In other words, we’re going to be ok.

    On behalf of the ACE Executive Board,

    In solidarity

    Chris


    PGA and CalPERS – Request for Previous Application Materials

    READ THOROUGHLY

    For members affected by CalPERS’ decision to only include section one of the Professional Growth Award (PGA) application towards pensionable income.

    1. If you would like to review your previous award(s) information, please send an email to whitechris@fhda.edu.  Be sure to include your CWID.
    2. This request is for a copy of your completed application(s) and the tally sheet(s) used by the PGA committee. No backup material will be provided.  This should help you determine how many hours you have under section one, whether they were used for an award or carried forward, to estimate how many of your completed PGA’s are eligible as pensionable income per CalPERS. 200 hours of credit equals one award. For example, if you’ve completed eight awards but only have 1,000 hours in section one, CalPERS will credit five awards as pensionable (5 x 200 = 1,000 hours).
    3. Turn around time to receive the request for information is approximately two weeks.  To not overburden an already short-staffed human resources department.  Your patience is appreciated.

    If you would like all of your PGA’s to qualify as special compensation under CalPERS’ rules, we have already negotiated additional funding ($20,000 per year for two years) for affected employees to take courses at no cost to replace hours on already earned PGAs which are not pensionable.  In addition, we are still working with the District on an MOU to hopefully include courses which were taken but not included on an application, waiving the requirement for a 100 new hours per award, and/or allowing courses taken on Staff Development Leave (SDL) which were paid with educational assistance.  ACE and the District are committed to helping staff have as many previously earned PGAs count towards pensionable income as possible.

    As a reminder, awards are still worth $90 each.  It is only the activities under CalPERS rules for educational incentive special compensation which has changed.

  • ACE Update 11.14.19: Member Representation; Dues Forgiveness; PGAs and CalPERS; Bond vs. Parcel Tax; Negotiations Update

    President’s Message

    As I close out my second term as president of ACE, I wanted to thank all of you for your support and inspiration. It is always wonderful to talk with new and veteran colleagues to get a better understanding of the issues important to you. Over the past year, your ACE representatives have worked hard to address your concerns. The results aren’t always perfect, the work is often slow going (hello classification study), and sometimes disheartening (hi negotiations) but it is always done with the goal to make your working conditions at FHDA the best they can be.

    A few of our accomplishments this past year include navigating the largest budget reduction in the district’s history ($17.6 million). We were able to minimize the elimination of filled positions – 1.5  out of 17 identified filled positions were cut – with 45 vacant ones also eliminated. No one went down in pay and out of 400 positions – 99 percent of which are full time – only one was reduced by 50 percent. In addition, your costs for benefits did not go up. We were also able to negotiate six percent cost of living adjustment for this year, increase funding for travel and conference, and develop a timeline for completion of the classification study with a financial implementation date back to July 1, 2019. Not to mention the countless members we have represented to make certain they were treated fairly by management on issues around compensation or discipline. Imagine how different all of this would look without a collective bargaining agreement.

    There is still more work to be done. We still have our lawsuit against CalPERS regarding 2019-20’s five percent salary adjustment with a slated court date of February 2020. We  dropped our unfair labor practice (ULP) against the District to get them to the bargaining table where we still have additional items to iron out (see below). A successful bond or parcel tax could open further negotiations around compensation and additional one-time funding from the state in 2019-20 leaves open the possibility for more professional development opportunities.

    Member representation remains a priority for ACE.  Recent changes to our constitution, approved by you, more clearly define our fiscal obligation to members vs. nonmembers. We continue to operate the business side of ACE as efficiently as possible, forgiving dues when we can, keeping 96 percent of our operating costs directly tied to member representation, and investing our money more strategically to make it work for us. Out of all the work ACE board members, stewards and negotiators do, I hope it is clear that we all do this work from a desire to help and because we believe in the concept that we are stronger together.

    In Solidarity,

    Chris White, ACE President
    (650) 949-7789, office”The fight is never about lettuce or grapes.  It is always about people”. – César Chávez

    Dues Forgiveness November 2019

    ACE will forgive dues in your November paycheck (Nov. 30).  For Classified Hourly employees, this will be reflected in your December 15 paycheck.

    Why does ACE forgive dues? ACE works really hard to be as fiscally prudent with dues collected from members. When we spend less than we’ve budgeted for the year, we forgive dues. This year, because the classification study has taken longer than anticipated and re-classifications are on hold until it is completed, funds budgeted to cover costs associated with classification issues  – ACE pays half the cost for appeals – we’re on track to spend less than budgeted.

    What does ACE spend dues money on? Access to representation was the main reason we chose to be an independent union and it is the largest expense in our annual budget.  Several months a year, our legal representation itemizes their bill, and the work they do on our behalf often exceeds the flat monthly fee we pay them.  Other expenses include potential legal costs such as: arbitration (ACE pays half), court filing fees and expert testimonies; accountants, insurance, financial audits and taxes; office supplies, web hosting and routine state fees for running a small business; and training for officers and stewards, food for site meetings and elective stipends for ACE officers.  We also have monies set aside for a strike fund and a 5% budget reserve.

    Does ACE spend money collected from dues on political activities?  No.


    Professional Growth Awards and CalPERS

    Professional growth awards (PGA) are an incentive for workers to participate in activities designed to enhance and update performance through continuing education and involvement in professional organizations and associations, and to improve the capabilities of the worker during the period of employment with the District. Two hundred hours are needed for an award and those hours can be earned across six different categories.   This extra compensation is not part of an employee’s base pay and is attributed as special compensation when reported to CalPERS.

    With a large retiree exodus in June and a new account administrator at CalPERS, some of the activities allowed under PGA were called into question regarding their eligibility as pensionable income.  In fact, CalPERS has made the determination that only hours earned in section one (college, adult education or trade school courses) meets the definition for special compensation as defined by the California Code of Regulations, section 571:

    Under topic #2, Educational Pay, where PGA is categorized:

    “Educational Incentive is defined as compensation to employees for completing educational courses, certificates and degrees which enhance their ability to do their job. A program or system must be in place to evaluate and approve acceptable courses. The cost of education that is required for the employee’s current job classification is not included in this item of special compensation”.

    Under topic #5, Statutory items, subsection d:

    “If an items of special compensation is not listed in subsection (a), or is out of compliance with any of the standards in subsection (b) as reported for an individual, then it shall not be used to calculate final compensation for that individual”.

    From my research, these rules were instituted as early as 1994

    What does this mean?

    Your awards are still worth $90 each but for pensionable reporting purposes, CalPERS will prorate the percentage of an award to those hours attributed to section one.

    What can ACE do?

    The response received from Anthony Booth of our legal team:

    “There have been some questions received by ACE regarding what, if anything, ACE can do to challenge PERS’ unwillingness to accept certain PGA award credits, which were previously accepted as valid.
    Unfortunately, this is a regulatory issue administered by PERS, pursuant to the California Code of Regulations. As they have evaluated their process, they have determined that they were not properly following their own regulation when admitting certain credits.
    Unfortunately for us, courts will ALWAYS defer to the administrative agency responsible for promulgating and applying their own regulations. Thus, we cannot challenge this change because PERS has determined that certain credits do not meet the standard of “educational courses, certificates and degrees”, which is well within their rights”

    ACE is working with the District to have any rolled forward educational hours substituted for already earned PGAs, including classes which were not part of a PGA application.  Some people would have this if they used educational assistance to pay for the classes. We are waiting to hear from CalPERS whether this substitution would be acceptable or not as the District is not comfortable agreeing to anything until they’ve heard from them.  We have already negotiated additional funding  ($20,000 per year for two years) for affected employees to take courses at no cost to them to replace hours on already earned PGAs which are not pensionable.  ACE also has an email into a representative with CalPERS to find out what happens to the contributions employees made, and those made by the district on behalf of employees, on those awards; what specifically do they mean by “completing educational courses, certificates and degrees which enhance their ability to do their job”; moving forward will it be CalPERS or the District’s responsibility to review appropriateness of courses; and a whole host of other questions.

    I can understand your frustration and disappointment and we are all working as diligently as we can to find solutions for affected employees.


    Bond vs. Parcel Tax – A Primer

    The district is considering placing a general obligation bond or parcel tax or both on the March 3, 2020 ballot.  Over the past few months the District has been surveying the community on what type of programs and/or measures they would support with a bond or parcel tax; holding town halls and other community outreach efforts regarding the Flint Center; and preparing a list of capital projects and equipment needs should the board decide to move forward with a bond and/or parcel tax initiative. The FHDA Board of Trustees will be reviewing a resolution brought by the District to act on a bond and/or parcel tax or both for the March 3, 2020 eledtion at a special meeting on Monday, November 25 at 6 p.m. at Foothill.  You should attend.

    What is the difference between a parcel tax and a bond?

    Parcel tax General obligation bond
    Definition A levy on parcels of property typically set at a fixed amount per parcel. Cannot be based on a property’s value. A levy on property based on assessed value and used for voter-approved debt.
    Voter approval requirement Two-thirds or 66.67 percent of voters 55 percent of voters
    Restrictions and requirements
    • Use of funds restricted to the public programs, services, or projects described in the tax measure. May include salaries.
    • Chief Business Officer (CBO) required to give public update to school board each year on the amount of funds generated and how funds are being spent.
    • Duration of tax must be specified in measure, typically three to seven years.
    • Funds may only be used for school facilities. May not be used for teacher or administrator salaries.
    • Independent annual audit and citizens’ oversight committee review required.
    • Measure must include a specific list of projects.
    • Two-thirds of governing board must approve the bond.
    • Measure must be on a statewide or regularly scheduled local election.
    • Property tax may not exceed $25 per $100,000 of taxable property value.
    Pros and cons
    • Considered a regressive tax. Property owners pay a fixed amount per parcel, regardless of property value.
    • Possible to exempt certain groups of property owners, such as senior citizens.
    • Stable, short-term funding for three to seven years.
    • Flexibility in use of funds for programs and salaries.
    • Provides less revenue overall than a general obligation bond.
    • Can be problematic upon expiration of parcel tax authorization if revenue has been used for ongoing expenses, such as employee compensation.
    • Considered a progressive tax. Property owners pay more or less based on assessed value of property.
    • Opportunity to reduce projected costs to taxpayers through refinancing of bonds.
    • Long-term funding of 10 to 30 years.
    • Restricted to funding facilities but can offset general fund dollars that would otherwise cover facilities debt, scheduled maintenance, technology and instructional equipment replacement/upgrades, and salaries directly related to administrative oversight work on construction projects authorized by voters in a bond measure.

    What bonds or parcel taxes has Foothill-De Anza passed?

    Foothill – De Anza successfully passed two bond measures: Measure E in 1999 for $248 million and Measure C in 2006 for $490.8 million.  A full list of projects for both of those measure can be found under the bond measure web page.  In 2010, FHDA was unsuccessful in passing a parcel tax, estimated to provide an additional $7 million annually, garnering 57 of the 66.67 percent of votes needed to pass.


    Negotiations Update

    by Cathleen Monsell, chair of negotiations

    We continue to negotiate with the District on the implementation of the classification study.  Our legal representative had to make clear our dismissal of the unfair labor practice (ULP) didn’t not dismiss our assertion that we are operating from the terms agreed upon with the the District in a memorandum of understanding (MOU) regarding the salary portion of the study signed in January of 2017. We agreed to drop the ULP and bargain the issue.  We’re waiting for the District to bring a proposal to the table. We met on Nov. 7 and meet again on Nov. 20.  We also still need to define a process for travel and conference fund applications and are addressing the issues with PGA and CalPERS.


    Ratification Vote

    Thank you to everyone who voted.

    ACE 2019-2020 Negotiated Agreement
    Number of Eligible Voters: 353
    Number Who Voted: 206
    Response Rate 58%

    1)   Yes I approve

    Number of Votes: 205

    2)   No I do not approve

    Number of Votes: 1


    Officer Election Results

    Thank you to everyone who voted.   Officers elected for January 1, 2020 through December 31, 2021. Terms are staggered so not all officer positions were up for election this year.

    ACE                                                  De Anza
    Chris White, president                     Vins Chacko, vice president
    Keri Kirkpatric, board member seat 1

    Central Services                                    Foothill
    Scott Olsen, vice president             Christine Mangiameli, board member
    Andre Meggerson, chief steward


    Thank You Josh Pelletier

    Josh has been chief steward for Foothill since March of 2018. He has served with gravitas, professionalism and compassion and his advocacy for workers leaves a lasting impact on the ACE organization. On a personal note, I want to thank Josh for his counsel and friendship.  On more than one occasion, he has listened to me lament and provided sound advice, and a laugh, so I could continue to do this work.

    We wish him well in his new role as supervisor for community outreach at Foothill.


    Wanted:  Interim Board Member, Central Services

    ACE is seeking an interim board member for Central Services.  The position would start January 1, 2020 and run through December 31, 2020.  ACE board members serve in addition to their full-time FHDA job. The position is voluntary with ACE providing an optional $125 monthly stipend.

    As part of the executive board, board members are 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.

    Duties of the Board Members:
    There are four (4) Board Members nominated from and elected by the General Membership. The Board Members shall:

    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.
    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.

    Serving as a Board Member requires subordination of personal interests to those that represent the highest good of the members. Board Members shall have no greater rights than any other member of ACE.

    Attendance at Meetings
    Executive board members are required to attend all general membership and site meetings in their respective jurisdictions and meetings of the executive board unless the absence is excused by the president of a majority of the Board.

    Current meetings of the Central Services ACE Board Member 2019 – 2020:

    • District Human Resources Advisory Committee (HRAC), which rarely meets.
    • ACE Board Meetings: the second Wednesday of every month, alternating between campuses.
    • Central Services Classified Senate meetings.
    • Any special projects or committees.

    Next Step
    If you’re interesting in serving as the board member for central services, please send an email to whitechris@fhda.edu no later than Friday, Dec. 6.

  • 10.31.19: ACE reaches tentative agreement w/District. Summary emailed to members.

    ACE Membership
    ACE and the District have come to a tentative agreement on several negotiated items.  Please check your email for a detailed summary and be sure to attend a general membership meeting next week for more details.
    Next Steps:
    Attend a general membership meeting next week for complete details and get your questions answered. Pizza will be served.

    Tuesday, Nov. 5     Wednesday, Nov. 6

    Noon – 1 p.m.                      Noon – 1 p.m.
    Admin 109, De Anza                  Toyon Room (2020), Foothill

     

    Ratification Vote:
    Voting will be held online Nov. 6 -8. There will be no in-person voting. Only ACE members are eligible to vote.
    Implementation:
    Following member approval, the tentative agreement will go to the FHDA Board of Trustees for approval at their Dec. 2 meeting. From that date, it will take district payroll between 60-90 days to implement the salary changes.  Barring any technical challenges, members should receive the increase and retroactive pay no later than their March 2020 paycheck.
    Questions, please contact Cathy Monsell, chair of negotiations at monsellcathleen@fhda.edu.
    In solidarity,
    Cathleen Monsell, chair of negotiations
    Chris Chavez, negotiator
    Dana Kennedy, negotiator
    Joseph Gilmore, negotiator
    Terry Rowe, negotiator
    Andrea Santa Cruz, negotiator
    Chris White, ACE president