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ACE Update 06.12.17: Budget News, June Dues Forgiveness, Classification Study and Summer Work Hours

President’s Message

Budget News

Governor Brown’s 2017-18 May Budget Revision offered a few pieces of good news. First, an increase in base funding of $186.3 million which, according to the District, brings an additional $4.3 million in ongoing funds to Foothill-De Anza (FHDA).  Second, a small increase in the cost of living (COLA) adjustment from 1.48 percent to 1.56 percent, netting the District approximately $2.3 million.  Third, $135.8 million in one-time funding for deferred maintenance – with FHDA’s share at $3.2 million – but it won’t be allocated until the second half of the 2018-19 fiscal year.

The District’s budget projections haven’t been as optimistic.  The 2016-17 fiscal year started with a $6 million deficit from enrollment decline the previous year. During the February budget town halls, the deficit ballooned to $12 million – the result of a larger than anticipated enrollment decline in fall ’16 and winter ’17 – with the latest District projections moving that number closer to $8.6 million. At this point, the District is asserting the additional $6.6 million coming form increased base funding and COLA is needed to offset the deficit. Those dollars are subject to collective bargaining and until the District presents their 2017-18 budget to the Board of Trustees in August, ACE isn’t ready to agree. Historically, the District’s conservative budgeting strategy has resulted in deficits significantly decreasing or disappearing altogether once the final budget numbers are known.

Add to the mix nearly $48 million in district stability funds. Out of those funds, $14.9 are allocated to the colleges and district as one-time carry forward savings from unfilled positions and budgeted expenses funded through other one-time categorical revenue sources. The District asserts these carry-forward funds aren’t available to help offset the deficit since they aren’t ongoing and there are plans to spend them down. While they aren’t ongoing in the traditional sense, these cost-saving sources and the amount carried forward annually have remained relatively consistent for more than a decade and any plans to spend down the funds never seem to materialize. For 16/17, only De Anza has developed a plan to use their share of the funds and no final decision has been made on whether they will use them or not.  Both of these factors suggest these funds could be used as an ongoing funding source, with minimal risk, to help address the budget deficit.

To be clear, the enrollment decline issue is real. A large stability fund, not counting the $14.9 million, along with the new ongoing increases from the State put the District in a good financial position to cover any revenue loss should enrollment continue to decline over the next year.  How the District decides to solve this enrollment problem will influence how ACE approaches future negotiations. For now, we watch and wait.

Of service,

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


Classification Study: Next Step

by Chris White, ACE President

Again, I would like to thank everyone who took the time to fill out the PDQ and participate in the follow-up interview for the classification study.  There are a small number of follow-up interviews left to conduct with staff and administrators. Once completed, the consultants will gather all the information they have collected through the PDQs and interviews and begin to develop draft job classifications.   This phase will take several months and we most likely will not come back to you until fall quarter.  This is a couple of months later than the original timeline due to delays by both staff and administration in the data collection phase.

Reminders:

  1. We have already agreed with the district that NO ONE will go down, in pay or classification, as result of the consultants findings.  Read that again.  One more time and pass it on.
  2. Classifications are generalized and not every word from the PDQs will be on the final classification description. Positions and classification are two words that are often thought of as interchangeable; but in fact have very different meanings.  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.
  3. The goals for this project:  To align job descriptions with the current roles and responsibilities of classified employees, create career ladders were appropriate, and conduct a market analysis of compensation in similar or like jobs in other districts.

Rumor:

  1. I’ve heard this study really is a way for management to reorganize and eliminate positions. Is that true? In a word, NO!  First, ACE requested this study. Under our current classification system, which is nearly 20 years old, internal inequities made it difficult to accurately create new positions or address reclassification. The district agreed. Second, For any position, there are three general outcomes from the classification study: (1) revise the class specification; (2) re-classify a position; or (3) change the title of position classification. Layoffs are a result of budget reduction. Third, the consolidation of multiple classification titles addressing the same type and level of work promotes a more consistent and equitable treatment of employees. If there were a layoff due to a budget reduction, this consolidation reduces 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. This isn’t the case in a system comprised primarily of singular classifications.  Currently, ACE has nearly 180 classifications for a little over 400 employees.

Dues Forgiveness in June 2017 Paycheck

ACE will forgive dues in your June paycheck (June 30th).  For classified hourly employees, this will be reflected in your July 15 paycheck.

Last September, ACE permanently reduced dues by 10% and promised to monitor our budget and forgive dues for an additional month should finances allow.  We were able to do so in March, and after further review, we are also forgiving the dues for June.


Know Your Agreement: Summer Hours

To maximize human, financial and physical resources, FHDA observes modified hours of operation throughout the summer. Translation?  The ten-hour days are back, running from Friday, July 14 through Friday, Aug 25.  It also means the return of confusion on the part of staff and supervisors as to how this modified schedule is interpreted and applied.

Article 13.15 – Summer Hours
13.5.1 -Workers assigned to programs and departments where scheduling allows operations during the summer on a four day work schedule will be offered a four day work schedule for the period beginning the Monday after Independence Day and ending the Friday before the Cesar Chavez 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 on 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, as 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. In addition, 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 can not 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.

ACE Update 05.08.17: Classification Study – Follow-Up Interviews, Negotiations Update, Hiring Committees and Staff Development Leaves

President’s Message

For the past year and half, nearly every community college across the state has experienced a decline in enrollment and Foothill-De Anza (FHDA) is no exception. The difference for FHDA? This downward trend has been occurring for at least the past five years, long past the time when, historically, similar enrollment challenges have turned around.  Down nearly 7% in spring, the overall loss in enrollment translates to a projected budget deficit of nearly $6 million for the 16/17 fiscal year.

Increased competition online and off, rising housing costs in the bay area, nearby community college districts that are now “basic aid” – meaning their local property tax revenue exceeds their allocated state base funding – which typically gives them more discretionary funds, shifting priorities by the state, traffic congestion, and accessibility issues for students with the ongoing campus construction have all played a role in this decline, but to what extent we really do not know. The District collects data which tells us where our students come from, how many units they take, if it is their first time with the district or if they’re returning, but the reasons why they leave or never make it to campus in the first place remain largely anecdotal.  And after five years of continual decline, that is a problem.

Fortunately for the District, ACE and the other bargaining units worked collectively with them during the recession to set aside nearly $55 million in stability funds for a rainy day. Much like this past winter, the rain is here and it is unrelenting. The town hall meetings held in winter quarter illustrated how these funds will not last forever – and they should not be allowed to – but they should give the District time to gather data and better understand what current and future students want and need so they can build an enrollment management plan to better address them.

Of service,

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


Classification Study:  Follow-Up Interviews

by Chris White, ACE President

During the weeks of May 15 and May 22, the consultants will be meeting with all employees who elected an interview on their PDQ. The interviews will take place on both Foothill and De Anza campuses primarily between 8:00 a.m. and 5:00 p.m. Individual interviews are 30 minutes long and group interviews are 45 minutes. The schedule was developed by the consultants. If you have sent a request for a change, we’re working through them as fast as we can and will get back to you shortly.  If you have not received an Outlook invite for your scheduled interview and would like one, please contact me immediately.

These interviews are another tool for the consultants to gather information and get clarification on the job duties you perform. The information they gather from them, the PDQs, and interviews with supervisors are what guide the job descriptions and classifications the consultants develop and recommend we adopt.  Your participation is critical to this process so please make every effort to attend the interview you’ve been assigned. If, for any reason, you miss or need to reschedule your interview, please contact myself or Myisha Washington in human resources and we will do our best to accommodate you.

The Interview:

  • Review your PDQ prior to meeting with the consultant.  This will help you stay focused and identify any information you may have forgotten to include when you submitted your PDQ.
  • Know where your interview is being held. Most of the conference rooms are commonly used, some are not.  At De Anza, the corporate yard conference room (120) is located in the plant services area across from the SEM building.  At Foothill, 1943 is located inside the international office (please be respectful of those who are working in the area), and the bio health conference room (5212) is located outside and to the left if you’re facing the bio health division office. If you’re unsure where to go, please ask.
  • Be on time for your interview.  With over 200 interviews to conduct, staying on schedule is critical to collecting the information in a timely manner.  It’s also respectful to the consultants and your colleagues.
  • Checking in for your interview.  Due to the large volume of interviews, the consultants will be conducting interviews simultaneously across the campuses. It is unlikely that there will be someone for you to check-in with when you arrive.  Please knock before entering a conference room to make sure the consultant isn’t still interviewing another colleague.
  • Stay focused on your job duties.  Thirty minutes goes fast. This is not about workload or how your supervisor acts or how other positions are classified.  It is about the type of work that you perform in your job.

Thank you all for your support and patience throughout this process

REMINDER:  Classifications are generalized and not every word from the PDQ will be on the final classification descriptions.


Negotiations Update

By Cathleen Monsell, Chair of Negotiations

On Tuesday, May 2nd the negotiations team met with the District and we are close to coming to an agreement on all open issues.  Once we finish negotiations, we will provide you with the tentative agreements and a summary before you vote on ratification.

Our negotiations will continue on May 24th.


ACE Role on Hiring Committees

You’ve seen the requests but what does it mean to serve as an ACE representative on a hiring committee?  Why is it important for ACE to have a role on hiring committees?  As a labor organization, our role is to bargain collectively on decisions on salary, hours of work, hiring practices, classification, and other terms and conditions of employment at Foothill and De Anza colleges.  In addition, diversity is encouraged when putting together a hiring committee to allow for different perspectives.  This practice lends credibility to the District’s commitment to openness, fairness, and inclusion in our selection process.

Your role as an ACE representative is to work with the equal opportunity (EO) representative to ensure fairness on all hiring committees and to ensure the job and working conditions described to potential candidates follow the ACE Agreement.  Your knowledge, experience and judgment as a member of the classified staff in this District make your input invaluable in this process. Who the District hires directly affects student, and your, success.

In more practical terms, serving on a hiring committee is an effective way to earn hours towards your Professional Growth Award (PGA). It also limits the time temporary workers are needed to fill vacant positions, who often lack the skills and knowledge needed for the position and places a greater burden on permanent staff to get the work done. The quicker committees can be staffed, the sooner they can be filled permanently.

Who selects the ACE representative?
For ACE hiring committees, a “representative from the bargaining unit who is not an employee in the same department/program will be appointed by an officer of the union.” (FHDA Administrative Procedure 4130).  It is not appropriate for the hiring manager or staff who work in the hiring area to request or appoint an ACE representative. ACE has selected the vice president at each location to fill these appointments.

  • Central Services: Bill Baldwin, x 6191
  • De Anza: Matt Trosper, x8646
  • Foothill: Denise Perez, x7256

The next time you receive an email asking for an ACE representative, please considering serving. Your participation benefits you, and the District, far longer than the small amount of time you spend serving on the committee.


Know Your Agreement:  Staff Development Leave

Staff Development Leave (SDL), Article 10.13, has been established to encourage and enable classified workers to enhance their value to the district through further job-related education, the upgrading of their skills, or retraining for a different career path.  Out of the 72 community college districts in California representing 113 community colleges, very few offer staff development leave for classified staff.

Institution Paid Benefit Leave Length Eligibility
FHDA 85% of full pay Up to 10 mo. 7 yr. of service
Los Rios CCD
American River, Folsom Lake, Sac City, Consumnes River
85% of pay Up to 5 mo. 7 yr. of service
State Center CCD
Fresno, Reedley, Clovis
50% of pay Up to 1 yr. 5 yr. of service
North Orange CCD
Cypress, Fullerton
100% of pay Up to 240 hours (1 mo.) 6 yr. of service
Kern CCD
Bakersfield, Porterville
60% of pay
90% of pay
Up to 1 yr.
Up to 6 mo.
7 yr. of service
3 yr. of service
Merced College 50% of pay or the difference in pay between worker on leave and a substitute employee Up to 1 yr. 7 yr. of service

Eligibility and Benefits

  • Receive up to 10 months paid time off at 85% of full pay.
  • To be eligible, you must have completed seven (7) years of service to the District.
  • The leave may be used to complete interrupted studies, learn by observing methods used in industry or other educational institutions, or get a substantial start on a goal of better education.
  • During the leave the worker will be entitled to all the benefits of classified contract workers except that only 85% of service time will be credited by the Public Employees Retirement System.
  • During the leave the worker shall earn 85% of the normal credit for sick leave and seniority. No vacation credit shall be earned during SDL.
  • The worker may apply for Educational Assistance (EA) for courses taken during the leave but courses paid through EA cannot be used to qualify for a Professional Growth Award (PGA).
  • Classified hourly are not eligible for SDL.
  • The District funds a minimum of ten (10) staff development leaves are granted annually.

The Application

  • Applications for the succeeding college year must be received by the Director of Human Resources before December 15.
  • Unit members may submit a copy of their request for leave without appropriate signatures by December 15; however, all signatures must be received by January 31.
  • The written application must present a detailed description of the proposed activities of the leave and the potential value of these activities to the District as well as the learning outcomes that are expected from this leave.
  • If the worker intends to enroll in school, the application must identify the educational institution to be attended and, by academic term, a list of courses (with course descriptions) the worker will be taking.
  • The application shall contain precise dates for the beginning and ending of the leave.
  • If a unit member is attending school full time, which is 12 units either semester or quarter for undergrad and 8 units, semester or quarter, for graduate, then the unit member does not have to participate in other activities related to the leave.
  • If the unit member is not going to school full-time, other activities related to the leave must be completed in fulfilling the 12-unit minimum. For this purpose, one hour of activity per week equals one unit and so forth.
  • Any changes to the leave must be submitted in writing to the Director of Human Resources, who will consult with the Staff Development Leave Committee, to approve such changes prior to the unit member participation in those changes.

Staff Development Committee

  • This Committee is composed of two representatives from ACE, two representatives from CSEA, and two administrators designated by the Chancellor, one of whom will serve as chairman. Your ACE representatives are Denise Perez at Foothill and Chris White with ACE.  Pro Tip:  Have your application reviewed by an ACE representative before the due date so you can submit you best possible application.
  • Each application that has been submitted and has received the recommendation of the immediate supervisor and the appropriate administrator shall be forwarded to the Classified Staff Development Leave Committee for review and recommendation to the Chancellor.
  • Board-approved leaves will be announced by March 1 of each year.

Returning From Staff Development Leave

  • If a leave is granted, the worker must agree in writing to render, upon return from leave, a minimum of two months of service to the District for each month of staff development leave.
  • Failure to render this service will require the worker to refund the salary paid by the District during the leave.
  • Within thirty days of return from a leave, the worker shall submit a written report to the Classified Staff Development Leave Committee of the activities of the leave, emphasizing the value to the District and the learning outcomes achieved.
  • If the worker attended school during the leave, he or she shall also submit a transcript or other appropriate documentation showing satisfactory attendance and successful completion of the course work as soon as reasonably possible.

ACE Classification Study 05.04.17: Follow-Up Interview Scheduling

We are moving into the next phase of the ACE Classification Study – Employee Interviews.

During the weeks of May 15 and May 22, the consultants will be meeting with all employees who elected an interview on their PDQ. The interviews will take place on both Foothill and De Anza campuses primarily between 8:00 a.m. and 5:00 p.m. Individual interviews are 30 minutes long and group interviews are 45 minutes.

Interview Schedules:
You will receive an Outlook invite from ACE with your designated interview time and location. This will take a little time, so please be patient. It is important to note:

  • With over 200 interviews to conduct, the schedule is intense. Please be flexible and work with your supervisor and co-workers to accommodate each other. If you have an existing obligation during your scheduled time, ask yourself first “What is the worst that will happen if I reschedule this obligation? Can someone else cover for me?” If you have tried all of the above (and I will ask you) or unforeseen circumstances arise, the interview can be rescheduled either in person or via phone at a later date. However, this is the exception and not the rule.
  • If you did not fill out a PDQ but were hoping to be interviewed, please send me an email and I will work with the consultants to see how we may accommodate you. Again, flexibility on your part is essential.

Interview Expectations:

  • Review your PDQ prior to meeting with the consultant. Their goal during these interviews will be to clarify information in the PDQ and to obtain supplemental information such as items that were not added/covered in the PDQ and/or any discrepancies between what you and your supervisor wrote down.
  • Stay focused on your job duties. This is not about workload or how your supervisor acts or how other positions are classified. It is about the type of work that you perform in your job.

As a reminder, if you have any questions, please contact: