Association of Classified Employees Foothill – De Anza

Category: Uncategorised

  • ACE Update 06.05.2020: Standing Against Racism; July 4; Summer Work Hours; Vacation and SIP; PGA Section 5 and CalPERS

    President’s Message

    Ant-racist books, black lives matter books

    Standing Against Racism

    While long term action is needed, ACE will continue to stand beside and support our black colleagues, students, and the Black Lives Matter movement in the ongoing fight for justice.  The events that have taken place in the last week demand that each of us stand up in opposition to the ongoing police brutality seen in so many communities of color throughout this country.  More succinctly, black lives matter.

    We need to listen, we need to learn, we need to act. 

    To be honest, I do not know what support looks like in terms of our Agreement but I am committed to listening to our black colleagues, being teachable, and acting when needed. What I do know is that the intersection of human rights, civil rights, and workers’ rights has always been a part of the struggle for independent power and we must continue to uplift those movements in an intersectional way to ensure we are able to make a difference for those we serve.

    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

    July 4 Holiday

    The July 4 holiday falls on a Saturday, therefore it will be observed on Friday, July 3. 

    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 13.1). If you are assigned an alternate work schedule and Friday is your normal day off, you are entitled to observe the holiday on another workday designated by the District unless the day is mutually agreed upon by the employee and the supervisor (article 9.1).  

    If you choose to work an alternate work schedule, you will be paid for eight hours and must make up any difference. If the holiday falls on your normal day off, adjust your schedule accordingly to accommodate eight hours for the holiday.  Always work with your supervisor regarding any changes to your schedule.

    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.

    Foothill 
    Davon Cole, mobility driver, Disability Resource Center

    Summer Work Hours

    July 6 – August 28

    As we continue to work remotely, we will adjust to summer work hours as if we were on campus. Translation?  Ten-hour days are back beginning Monday, July 6 through Friday, Aug 28.  It also means confusion for staff and supervisors as to how this modified schedule is interpreted and applied.  

    Article 13.1 – Summer Hours
    13.1 -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.

    13.4.3 – 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.  Supervisors should work with employees regarding requests for alternate schedules to ensure which accommodate special considerations for child care or other extenuating circumstances in an attempt to find a solution that works for both the District and the employee.
    2. Supervisors 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.
    3. Supervisors and classified staff should be familiar with the provisions of the applicable bargaining unit agreements affecting employees on a 4-10 work schedule.

    Bottom line?
    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.

    Vacation Limits While Shelter-in-Place

    As we continue to shelter in place (SIP), some employees may find they are getting close to reaching their vacation leave accrual maximum.  When the balance exceeds the limits, a worker ceases to earn vacation until the balance is below the maximum earnable.

    Some have expressed concern, with the SIP, they can’t go anywhere, some have far too much work and cannot get away, while others have mentioned the connection to work is their main source of interaction with others and the thought of being home alone is untenable.  Is there an option to suspend the vacation accrual limit or pay us out for vacation earned above the maximum?  We presented the District with a few suggestions regarding this issue and the following is the response we received from Myisha Washington, director of human resources:

    “We agree that the shelter-in-place that we are under is creating some unusual circumstances for staff and we do not wish to create negative consequences. We are encouraging employees to take their vacation as we believe it is important even during this time period, and even if there is no place for them to go. I would hope that having time away from work can provide a needed break regardless of where a person spends that time.

    We can and will work with the employee and supervisor/manager to work out an arrangement, but would consider the rare exception in an extenuating circumstance if the employee is considered essential and no other arrangement can be made.

    Please have the employee work with their supervisor/manager to request time off or an exception”. 

    The District was unwilling to waiver from this stance.  

    Vacation Leave Basics – Article 9.2

    • You must complete six months of employment before you may use vacation leave.
    • Vacation accrual rate:
      • Years one – three you earn 6.66 hours each calendar month (10 days annually);
      • Years four – seven you earn 10 hours of vacation per month (15 days annually);
      • Years eight – thirteen you earn 13.33 hours per month (20 days annually); and
      • Beginning the fourteenth year you accrue 16 hours per month (24 days annually).
      • Classified hourly accrual rate based on twice the length of time required for full-time workers.
      • Part-time workers (20-35 hours week) are entitled to that proportion of vacation granted to full-time workers that are equal to a full-time contract.
    • Vacation must be used in increments of one (1) hour or more.
    • Workers may accumulate a maximum of two years of accrued vacation. For example, if you have two years with the District and are earning vacation at 6.66 hours each month, for a 12-month employee, the balance can’t be more than 159.84 hours.  The maximum adjusts with the rate of your vacation accrual.
    • When you retire/resign from Foothill-De Anza, you are paid out for any unused vacation.
    • When the balance exceeds the limits, a worker ceases to earn vacation until the balance is below the maximum earnable. There is no other recourse and you will lose it.
    • Workers who reduce their contract (partial unpaid leave, extended sick leave) have vacation accrual prorated by the percent of the contract reduced.
    • You will be notified via your paystub (yellow highlight) that you are within two pay periods of reaching your maximum accrual.  It is easy to miss.

    Approaching Limit

    Exceeds Limit

    Scheduling Vacation

    • Generally, each worker should be given a choice of time for vacation but the District reserves the right to schedule leave at its convenience provided that every attempt is made to schedule vacation leave so that workers who choose to do so have at least five consecutive days off and such scheduling is not done in an arbitrary and capricious manner.  In other words, don’t buy a plane ticket and then ask for the time off.  Your supervisor does not have to approve it.
    • If two workers in the same group wish to take a vacation at the same time, the first choice goes to the person with the longest service in the District.
    • A worker can change their scheduled vacation time but only if it does not require any other worker to change their scheduled vacation.
    • If a worker becomes seriously ill or injured during a scheduled vacation, they may submit a signed statement from a physician that the worker was unable to continue vacation and have the time deducted from earned sick leave.

    If you are having difficulty scheduling a vacation or have questions, please contact your steward.

    Negotiations & Budget Update

    Negotiations:  Late last week the District contacted ACE with the following: “We don’t have a specific suggestion to offer just yet but would like to discuss how we might conclude negotiations regarding the ACE Classification Study”.  While we have given the District a couple of proposals with no response, the negotiating team is finalizing a proposal with the hopes to present it to the District by early next week. 

    The other outstanding item in negotiations is health care contribution rates effective January 1, 2021. We bargain health benefits collectively with the other units and are still waiting for CalPERS to release their 2021rates.  CalPERS usually sets rates in late May and finalizes them in early June. They have indicated a delay due to COVID19 and have not made public when they expect to report new rates.

    As part of our negotiations agreement for 2019-20, we extended the six percent cost of living adjustment (COLA) to June 30, 2021.  Beginning July 1, 2021, it is reduced to 3.5 percent but becomes permanent. We had also negotiated language if the District were to pass the parcel tax or a bond, we could reopen salary but the fiscal challenges for FDHA and the state (see below) have erased any additional COLA for 2020-21. 

    Budget:  Last month we talked about the upcoming District budget challenges and the myriad of uncertainties making it difficult to define what it means in terms of planning for 2020-21. Over the past month, the District has been able to get a slightly clearer picture from the Governor’s May budget revise – significantly impacted from COVID 19 and corresponding revenue losses – along with our own loss of revenue due to enrollment decline over the past decade. We’re still left with multiple scenarios on how this budget plays out including the hope for an infusion of funds from the federal government to the state to address COVID19 revenue losses, massive IOUs from the state to colleges for funding in future years, and uncertainty around non-resident revenue which makes up 15 percent of our budget. Ultimately, we are looking at a minimum of 10-15 million in reductions by June 30, 2021. While the impact from COVID19 has certainly made this more challenging, our own enrollment losses and living on borrowed time through hold-harmless funding meant these cuts were always coming.  

    The District and colleges are in preliminary discussions on how to best address this challenge.  Chancellor Miner and Vice-Chancellor of Business Services, Susan Cheu have both emphasized we can’t address this reduction as we have historically done, which is through a percentage cut from each campus and the District.  Instead they are suggesting an approach focusing on what we absolutely need to offer in order to support our core values and mission.  This latter approach requires collaboration across the District we have been unable to produce in previous reductions. What is different this time?  For the first time in my memory (this will be my fifth budget reduction in 20 years), senior management has publicly acknowledged support staff is already cut to the bone, consolidations may be necessary, and we simply won’t be able to do everything we’ve done. The focus is on who we want to be versus what we need to cut shifts the conversation. This is the part where you come in. When those participatory governance meetings are scheduled to discuss priorities, show up, and speak up!

    To get a better grasp on funding availability for personnel, ACE has requested a list of vacant positions (this money is budgeted but not spent) along with financial costs and job assignments for temporary and district-funded student workers.  While there are legitimate uses for temporary workers and we know student workers help off-set the loss of positions from previous reductions, they must be the first line of reduction before any permanent staff.

    PGA, Section Five, and CalPERS Eligibility

    Last fall, we were hit with the news that only hours earned in section one of the Professional Growth Award (PGA) would be accepted by CalPERS and be eligible as pensionable income.  There is a little bit of good news on this front. After more review from CalPERS, some courses and certificates listed under section five may be counted.  

    As a reminder, for CalPERS 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”. The regulation doesn’t say they need to be accredited or have units attached to them, they just need to enhance a worker’s ability to do their job.  Many courses or certificates in section 5 meet this description.  To be clear, not all do.  For example, CalPERS and Social Security workshops or attending a work-related conference would not count. Software training, equity workshops, job-specific courses, and/or certificates, like those through the state’s Vision Resource Center (former Lynda.com/LinkedIn Learning) would. You must be able to verify it is a formal course or certificate, complete with date of attendance, hours completed, and validation from whoever provided the training.  Listening to a podcast or reading articles related to your work and having your supervisor sign that you’ve done the work, does not count. 

    CalPERS has been very clear they will not be reviewing what is submitted and has an expectation that the District will not submit anything as special compensation that does not meet their requirements.  For people who have submitted paperwork to retire, human resources are reviewing and validating hours earned in sections one and five.  For those not ready to retire, you can review your hours earned in section five and add them to hours earned in section one.  That will tell you how many awards are pensionable. If you find yourself doing mental gymnastics and fancy flowcharts to justify how an activity falling under section five enhances your ability to do your job, it most likely does not. Please do not put the PGA committee or the District under the scrutiny of CalPERS.  We do not want an audit.

    Under section one, there is still no answer from CalPERS or the District on whether they will accept :

    • courses not included in previous applications (including courses taken while WOC as an administrator);
    • waiving the requirement for 100 new hours per award; or
    • allow courses taken during Staff Development Leave but not included on an application because they were paid with educational assistance.

    Why? CalPERS asks what agreement did we have regarding those circumstances and currently, use of those hours would be prohibited. It might not be possible to undo that language.  Our memorandum of understanding (MOU) which allows workers to take a class, paid by the district through educational reimbursement, to replace hours that wouldn’t count towards pensionable income from previously earned awards doesn’t run contrary to our agreement.

    PGA and CalPERS – Request for Previous Application Materials

    READ THOROUGHLY

    For members affected by CalPERS’ decision to only include section one and certain types of training in section five 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 back up material will be provided.  This should help you determine how many hours you have under section one, whether they were used for a 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 10.21.19: Management Right of Assignment, Negotiations Update, Officer Elections, Staff Development Leave, Upcoming Workshops

    President’s Message

    As we wait for movement on negotiations and the classification study I think it is important to reflect on a couple other items that have been popping up over the last month and what you can do to help.

    Reorganization and Management Right of Assignment
    As I have said on more than one occasion, as a result of the latest round of budget reductions, reorganization will be necessary for the colleges and District to operate efficiently and effectively. Critical vacancies are being filled but there is still more work than people.  Add to the mix changes in student demand, state mandates, and declining resources and work that may have once been a priority is shifted and you’re asked to do something different.

    There is some confusion over management’s ability to assign the work performed by classified employees. They have the absolute right to assign your work. Management retains the right to assign work to employees in the proper classification. The only possible restriction on this right would be found in three separate place, the Government Code, the Education Code and the collective bargaining agreement between Foothill-De Anza Community College District and ACE.

    A review of those documents indicates no prohibition on management’s right to assign work. The Government Code merely defines what are mandatory matters for bargaining. Assignment of work is not enumerated as a mandatory matter of bargaining. The Government Code goes on to state at section 3543.2 (4), that if a matter is not enumerated, that matter is reserved to the public school employer and may not be a subject of meeting and negotiating.

    That doesn’t mean that the District can make you do work out of your classification without paying you more, nor does it mean it can assign you more work than you can do in your 8 hours of work but they do have the right to determine what work the want done. ACE’s role is to make certain the work is appropriate to the classification. Without ACE, the District could change your classification, have you do work completely unrelated to your classification and decide if, and how much, they will pay you for that work.  If your duties are changing, review your classification, they are listed under the human resources website, and/or talk to your steward.

    I know we have very dedicated staff who go above and beyond to make certain students are minimally impacted by cuts in personnel or services. Many of you do this by forgoing breaks and lunch or taking work home with you because there just aren’t enough hours in an eight hour work day.  Off-the-record comments by your supervisor that you’ll be rewarded down the line with a reclassification – a reminder that your level of classification is related to the complexity of your work not how much work you have to do – or afforded other preferential treatment or there is a promise that they will reassess workloads when the budget gets better. Nothing in writing but there is a promise and since we’re “all in this together”, in the end, management will do the “right thing”.  Those promises rarely come to fruition. Often because they don’t have the authority to enact them or what they have proposed is illegal or is a bargained item, but they’re very grateful for your hard work.  The end result? Their objective was met, the work got done and it didn’t cost them anything but a tug on your commitment to students.

    In the meantime, what has ACE been up too?

    In March, ACE filed a lawsuit against CalPERS regarding the temporary five-percent salary adjustment and their denial that it would qualify as pensionable income for all members.  A court date for February 2020 has been set to determine if we should be in front of a hearing officer at the CalPERS or are we properly before the court. Once that is decided 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 in this case will impact employees from all bargaining units including administrators. In May, we filed an Unfair Labor Practice (ULP) with the Public Employment Relations Board (PERB) charging the District with failing to act in good faith and violating their duty to bargain fairly around the classification study. We are still waiting on a response.

    When it comes to personnel representation, ACE takes your right to privacy very seriously, which is why you don’t hear as much about it. While every issue isn’t resolved the way ACE or a member would like or want, unlike our previous unions, our attorney, labor representative and officers show up each and every time and work to do their very best on your behalf. In the last few months alone we’ve:

    • had improper warnings removed from an employee’s file;
    • addressed issues around classification, working out of class, leaves, benefits, changes to work schedules and worksite accommodations; and
    • on multiple occasions, successfully mediated issues between members and their supervisors when there was no Agreement violation.

    ACE exists solely for your benefit and the benefit of your coworkers but independence isn’t free. It costs money and requires active participation from the membership to work. ACE has been fortunate every time we’ve needed both, the members have stepped up. In return, our independence has allowed us to support our members in a way which being a part of a national or international union never would have allowed us to do, such as forgiving and/or reducing dues when finances allow so you can keep more money in your pocket without sacrificing representation. One of our founding executive officers, Bradley Creamer, webmaster at Foothill said it best, “The most important thing I learned as part of an independent union was the value in making decisions ourselves… and the power to prioritize those important decisions”.

    You can help.

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

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

    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

    Negotiations Update

    Cathleen Monsell, Chair of Negotiations

    On Thursday, Sept. 5, the ACE negotiating team emailed their proposals to the district in advance of the Sept. 9 bargaining meeting.  On Monday, Sept. 9 the district and ACE met to review the proposals.  Scheduling conflicts delayed a second bargaining session onThurs., October 3.  ACE came to the table expecting a response to the proposals submitted last month. We were met with a request to, again, review the proposals presented at the Sept. 9 meeting.  Our labor representative has sent a notice to the district to provide any additional questions immediately to them so both sides can be ready to bargain the next time we meet.  We met on Oct. 17 with some forward progress.  We meet again late Monday, Oct. 21.

    Upcoming Workshops

    Staff Development Leave Application Q&A
    Nov. 6 from 2-3:00 p.m.
    De Anza MLC 233 and ZOOM
    Professional Growth Awards (PGA)
    Nov. 12 from 2 – 3:00 p.m.
    De Anza MLC 233 and ZOOM

    Watch your email for calendar invite.

    Know Your Agreement:Staff Development Leave

    2020-2021 Staff Development Leave Applications Due 12/15
    A workshop to answer application questions will be held from 2 – 3:00 p.m via ZOOM on Wednesday, Nov. 6.   Watch your email for an invite.

    SDL Quick Overview

    • 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.
    • Applications are due December 15 of the fiscal year preceding the leave.
    • 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.
    • Travel and conference funds and educational assistance are available during the leave. Courses paid through educational assistance cannot be used to qualify for a Professional Growth Award (PGA).
    • Classified hourly are not eligible for SDL.
    • Funding for a minimum of ten (10) SDL leaves are granted annually.

    How are SDLs Funded?
    As part of our negotiated Agreement, SDLs are paid by a separate district fund and have no negative impact on the workers department budget. This allows the department supervisor to hire another staff member to work out of class or use a temporary worker and not wonder how the work will get done while another worker is out on leave.

    How Common Is Staff Development Leave for Classified Staff?
    Out of the 72 community college districts in California representing 114 community colleges, very few offer staff development leave for classified staff. SDL is a negotiated benefit for FHDA classified staff, and while a few other institutions offers SDL, none are as extensive as ours.

     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

    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 shall be composed of two representatives of ACE, two representatives of CSEA, and two administrators designated by the Chancellor, one of whom will serve as chairman.For ACE, this is Karen Smith at Foothill and Chris White with ACE.
    • 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.
    • FHDA 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.

    Officer Elections: Oct. 28 -Nov. 1


    Nominations Accepted October 15 – 18
    Elections held online October 28 – November

    The following positions are up for election.

    • President
    • Vice President – Central Services and De Anza (one at each location)
    • Chief Steward – Foothill
    • Board Members – Central Services and De Anza Seat 1 (one at each location)
    Nominations for president is open to all members.  Nominations for campus specific positions are limited to members of that campus.

    A description of each officer’s role and responsibilities can be found here.  Terms are two years in length and run from January 1, 2020 through December 30, 2021.   All executive board members are required to:

    • Attend ACE board meetings held the 2nd Wednesday of every month from 1-2:30 p.m. They rotate between the two campuses.
    • Attend the site meeting for the campus they represent. At De Anza, these are held the 1st Tuesday of the month; At Foothill, these are held the 3rd Tuesday of the month. Both meetings are  from noon – 1 p.m.

    All positions require subordination of personal interests to those that represent the highest good of the members.  No officer shall have greater rights than any other member of ACE.

    Elective stipends are provided to officers for their work on behalf of ACE.  A member is eligible to be a candidate if they are a non-probationary, permanent, classified employee in the District and is a member of ACE for one (1) full year.

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

    VEBA: A Post-1997 Medical Benefits Fund


    By Christine Mangiameli
    Foothill College, ACE Board Member, VEBA Board Trustee

    What is the VEBA?
    You’ve probably heard a colleague refer to them as pre-1997 or post-1997, but what does that mean? In short, it refers to an employee’s eligibility to receive medical benefits from the District upon retirement. Employees hired after July 1, 1997 do not have ongoing medical benefits.  This is most employees today.
    Rising health care costs and the District’s decision to stop contributing to retiree’s health benefits, reached a tipping point for post-’97 employees in 2010.  In response, the collective bargaining units – ACE, CSEA, FA, POA, Teamsters, and later Administrators – began the process of establishing a fund called the Voluntary Employees Beneficiary Association (VEBA) to help offset medical benefits costs for post-1997 retirees.

    How is the VEBA funded?
    In 2010, ACE and FA agreed to set aside $250,000 each as part of a salary negotiation with the District to help fund the VEBA.  The District matched those contributions, setting up the VEBA with an initial $1 million in funding.  In 2016, the bargaining units negotiated an $800K one-time District contribution. Ongoing funding is provided by all district employees in the form of $2 (employee), $4 (employee +1) or $6 (employee +family) and is included in their monthly health care contribution rate.

    Why is this important to you?
    Time flies.  Think about that for a second, a minute, a few minutes.  It doesn’t feel like anything, but it doesn’t stop.  Now it’s a year later.  Ask anyone; they thought they’d work here a few years, and ten years later they are still one of us.  Each of us will face the day when retire on a fixed income, and this is one of the best benefits our ACE union has negotiated for us.  The highest employee contribution today is $6/month; the current return on that is $100/month.  No one on Wall Street can beat that investment!  We have to think long term, not just about today, and VEBA is designed to be there. Even if you don’t stay with the District until retirement, once you meet the requirements, the benefit is yours when you file for and pay your Medicare premium.  Benefits like these set the standard that non-union employers follow.

    Who is eligible for the VEBA?
    Eligibility is based on three factors for anyone hired on or after July 1, 1997:

    1. You worked at least, half-time as a regular employee and were eligible to enroll in the District’s active health coverage for 15 years or more prior to your retirement; and,
    2. You separated from employment as a regular employee in any position for which you were eligible to enroll in District active health coverage, regardless of whether or not you have retired (service or disability) from PERS or STRS; and,
    3. You are Medicare eligible and have enrolled in and begun receiving Medicare coverage, and have paid a premium for Medicare coverage.

    What is happening today with the VEBA?
    The VEBA trust set up a web site (https://vebatrust.net/benefits/).  Eligible retirees are notified to submit their application and are reimbursed quarterly to offset their Medicare Part B fee.  The current payout rate is $100 a month ($1200/year).  We are looking at ways to increase the benefit payout.
    To help stabilize the VEBA fund, the joint union negotiations on health care and the VEBA Trust Board is keeping an eye on the fund to secure it for all qualified post-’97 retirees.

    Wanted: Interim Chief Steward, Foothill

    by Chris White, ACE President

    Foothill’s current Chief Steward Josh Pelletier has moved up into a supervisor role and will not be able to complete his term with ACE, which ends this Dec. 31, 2019.  We are seeking a replacement to finish his term.  A new chief steward will hopefully be elected in our upcoming elections and begin Jan. 1, 2020.

    ACE strives to have a vibrant, active and engaged membership. Knowledgeable, well versed, engaged stewards are essential to the success of an engaged membership. Stewards primary roles are to:

    • enforce our Agreement;
    • represent workers in grievance and disciplinary proceedings; and
    • build relationships with members and management in the workplace.

    Elected by the membership to two-year terms, ACE stewards serve in addition to their full-time FHDA job. The position is voluntary with ACE providing an optional $250 monthly stipend.  However, most don’t do this work for the money.  They do it because they want to help their colleagues.

    Per our Agreement, release time is granted so stewards can meet with workers and management to resolve issues. It is important to remember there are no definitive answers on the best way to approach an issue but stewards start from the point of view that they will represent a member fairly, in good faith, and without discrimination by:

    • listening to all points of view carefully;
    • working with people on their problems;
    • knowing when to tell management or members they are wrong and saying so (politely);
    • securing the facts;
    • knowing when to ask for help; and
    • understanding the members and supervisors as individuals.

    Article 5.3 of the ACE Constitution clearly defines the role of steward with our organization.  Article 6 of our Agreement grants stewards the right to leave their permanent assignment during work time to perform the duties of a steward.

    Article 5.3 Steward(s) – ACE Constitution
    Chief Stewards from each location are elected to office as part of the Executive Board as described in Article 10. Up to six (6) additional stewards are appointed by the Executive Board. Stewards serve until they resign their position or are removed by action of the Executive Board and/or the Chief Steward. Stewards are members in good standing.
    a. Duties of the Chief Stewards

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

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

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

    Stewardship requires subordination of personal interests to those interests that represent the highest good of the members. Stewards shall have no greater rights than any other member of the ACE.

    Article 6- Steward(s) – ACE Agreement
    6.1 Number –The District recognizes the right of the Union to designate up to 14 stewards and 14 alternates provided that an alternate will be released to perform the duties of a steward only when the steward is unable to perform those duties.

    6.2 Notification – Once a year, the Union shall notify the Director of Human Resources, with a copy to the supervisor, of the names of the stewards and alternates and the group they represent. If a change is made, the District shall be advised in writing of such change.

    6.3 Leaving His/Her Assignment – After notifying her/his immediate supervisor, the steward shall be permitted to leave her/his normal work during reasonable times in order to assist in informal resolution of potential grievances and in investigation, preparation, writing, and presentation of grievances. The stewards shall advise the supervisor of the grievant of her/his presence.
    The steward is permitted to discuss any problem with all workers immediately concerned, and, if appropriate, to attempt to achieve settlement in accordance with the grievance procedure, if possible on an informal basis.

    6.4 Emergencies – If, due to a bonafide emergency, an adequate level of service cannot be maintained in the absence of a steward where he/she is requested to assist, the steward shall be permitted to leave her/his normal work only after the emergency no longer exists.

    6.5 Authority – Stewards shall have the authority to file grievances as specified in Article 12, Section 12.2.2.

    Next Step
    If you’re interesting in serving as chief steward or stewarding in general, please send an email to whitechris@fhda.edu.

  • ACE Update 04.08.19: A Decade of Independence; Dues Forgiveness; Negotiations Update; A Decade of Work; Sick vs. Personal Leave

    President’s Message
    A Decade of Independence

    Independent: free from outside control; not depending on another’s authority. Ten years ago this month ACE was formally recognized by the State of California and the Public Employment Relations Board (PERB) as the independent association it is today. We gained our independence due to a dedicated few, who rallied the many, after years of neglect by our former union. We have never looked back. I won’t retell the whole story on how ACE came into existence – you can read it here – but suffice it to say the move to independence has given us better access to representation and more control over the issues directly affecting classified staff at Foothill-De Anza. The courage and commitment needed to set out on our own leaves me speechless. I can’t begin to express my gratitude and the amount of respect I have for the original group who put us on this path. For some perspective, of the 72 community college districts throughout California, 95% of classified staff are represented by a union and less than one percent are represented by an independent union like ACE.

    ACE exists solely for your benefit and the benefit of your coworkers but independence isn’t free. It costs money – see below on what ACE spends your dues on – and requires active participation from the membership to work. ACE has been fortunate every time we’ve needed both, the members have stepped up. In return, our independence has allowed us to support our members in a way which being a part of a national or international union never would have allowed us to do, such as forgiving and/or reducing dues when finances allow so you can keep more money in your pocket without sacrificing representation. One of our founding executive officers, Bradley Creamer, webmaster at Foothill said it best, “The most important thing I learned as part of an independent union was the value in making decisions ourselves… and the power to prioritize those important decisions”.

    When it comes to personnel representation, ACE takes your right to privacy very seriously, which is why you don’t hear as much about it. While every issue isn’t resolved the way ACE or a member would like or want, unlike our previous unions, our attorney, labor representative and officers show up each and every time and work to do their very best on your behalf. You can read more below on what we’ve done in the past decade but in the last month alone we’ve had improper warnings removed from an employee’s file, made certain another employee was able to use their sick leave when their supervisor denied it, and filed a lawsuit against CalPERS when they denied the temporary five-percent salary adjustment as pensionable income for all employees covered by CalPERS.

    The work we do is a continuous work in progress. Your feedback from our annual survey – see below for a few spoiler alerts – provided great direction to your negotiating team and to the organization. We’re working on incorporating some suggestions immediately, such as providing an online option whenever possible for attending meetings (facility and technical limitations make this a challenge for large meetings) and developing more training for those interested in assisting with the running of ACE as well as continued education around our Agreement, your rights as a member, and what rights and authority ACE has when dealing with the District.

    With budget reductions behind us, and ACE is not aware of any more on the horizon, we still have a mountain of challenges ahead. Forty-one ACE positions will be eliminated as of June 30, 2019. Where does that work go? The continued budget challenges for the District. What impact will that have on negotiations? The classification study? As we move forward and start to address these questions, when it becomes difficult it will be easy to blame the District, to blame ACE, if answers aren’t immediate or to your liking. I would ask you to reject that impulse. Instead, seek out facts, be patient and recognize change takes time, and help ACE set a course which benefits all our members. A easy way to start? When new employees come on board, invite them to join you as a member of 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

    Dues Forgiveness April 2019

    ACE will forgive dues in your April paycheck (April 30).  For Classified Hourly employees, this will be reflected in your May 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.

    Negotiations Update

    Cathleen Monsell, Chair of Negotiations

    Thank you ACE members! With 198 responses, a little over 50% of the membership, this year’s survey provided the most feedback we have received to date. It is clear you put a lot of thought into your answers and comments. and we truly appreciate the time you took to give us your feedback.Your negotiations team is meeting to review the results and, based off of your responses, establish what proposals ACE should bring to the bargaining table.  We will releasing the results at our next site meetings. So stay tuned!
    A few spoiler alerts:
    70.7%   Like working four ten-hour days during summer.
    75.5%   Want to keep our current percentage-based dues structure.
    42.6%   Live between 11 to 20 miles from work.
    42.5%   Have or have had a second job due to the high cost of living.
    A few not-so-surprising spoiler alerts:
    93%  Increasing wages and containing the cost of health insurance were listed as top concerns.
    94%  Hold a higher education degree.
    An important note:
    As a re-opener year for our Agreement, Article 8 (pay and allowances) and Article 18 (benefits) are automatically opened. ACE may only open two additional articles as part of this year’s negotiations cycle, meaning ACE members and leadership must prioritize what is brought to the table. Your feedback helps us prioritize.  Keep in mind the district operates from a you-have-to-give-something-to-get-something stance.

    Welcome New Members

    De Anza
    Martha Espinosa – Administrative Assistant, Outreach

    Helen Nguyen – Instructional Support Technician, Student Success
    Central Services
    Joseph Goodrich – Community Services Officer, Police
    Aaron Izquierdo – Community Services Officer, Police
    Lena Tang – Accountant, OEI

    A Decade of Action

    Starting with a strong Agreement, over the past decade, together we have been able to:

    Increase compensation.

    • Cost of living adjustments (COLA) and salary schedule increases.
      • From 2009-2010 through 2012-2013, while in a severe recession, the state offered no COLAs. At the same time, the state also instituted a number of workload reductions, crippling course repeatability options for community members and impacting FHDA’s revenue significantly. From 2011-2013, ACE experienced a 20% reduction in positions, roughly half of what was proposed, in large part due to the hard work of our first president, Blanche Monary.
    Year Total COLA Received Additional COLA negotiated by ACE  COLA Offered By District COLA Included In State Budget
    2013-2014 2.075% 0.50% 1.57% 1.57%
    2014-2015 2.50% 1.65% 0.85% 0.85%
    2015-2016 3.0% 1.98% 1.02% 1.02%
    2016-2017 0.60% 0.60% 0% 0%
    2017-2018 0% 0% 0% 1.56%
    2018-2019 5% for 2018-19 5% for 2018-19 0% 2.71%

    In 2015-16, we also increased the difference between step 6 and 7 on the salary schedule by 1% and reduced the waiting period for advancement from two years down to one.
    In 2018-19, secured an additional $160 interest payment for all staff when the District was unable to implement a temporary five-percent salary adjustment in a timely manner.

    • Professional Growth Award (PGA)
      • In 2014-15:
        • Increased all awards earned after July 1, 2014 from $70 to $90 a month.
        • Increased the maximum number of awards from 10 to 12.
      • In 2016-17:
        • All awards, regardless of when they were earned, are now worth $90 a month.

    If you were to earn all possible awards, the maximum benefit is now worth $12,960 per year.
    A $4,500 increase from 2014.

    Secure benefits.

    • No increase to employee health benefit contributions for the past three years.
    • Increased the District’s health benefit contribution from $976 per employee per month (PEPM) to $1011 PEPM.
    • Increased the District’s contribution for post-1997 retirees:
      •  Bridge to Medicare program monthly District contribution increased from $284 to $400 for an employee and $568 to $800 for an employee plus one.
      • Secure a one-time District contribution of $800,000 to the Volunteer Employee’s Benefit Association (VEBA) fund which covers Medicare eligible retires.
    • Added an additional paid holiday.

    Represent members.

    • Letters of warning removed, suspensions reduced and made certain the District follows the progressive steps of discipline.
    • Addressed issues around classification, working out of class, leaves, benefits, changes to work schedules, worksite accommodations, and reemployment rights for laid off workers.
    • Retroactive pay for employees not properly compensated when they were working out of class, working differential shifts or their 39-month reemployment rights were violated.
    • ACE led the way in recouping overcharges to members for health benefits in 2010.  The result yielded $20,000 in reimbursements to both active and ACE retires.
    • Intervened on behalf of workers when the issue has nothing to do with performance – the District overpays you and wants the money back immediately – to ensure the remedy isn’t a burden to the worker.
    • On multiple occasions, successfully mediated issues between members and their supervisors when there was no Agreement violation.

    Increase opportunity.

    • Negotiated a process so internal candidates can apply and interview for open positions before external candidates.
    • In 2016, after establishing non-classified staff were performing the same work, converted five (5) classified hourly members with limited benefits and no guarantee of hours to permanent positions.

    Reduce dues.

    • ACE was incorporated in 2009 and the dues were set at 1.05% of base pay.
      • Under SEIU, dues were set at 1.5% of base pay.;
    • In 2016, ACE permanently reduced dues to 0.0095 of base monthly salary.
    • Over the past five years, on average, ACE has been able to forgive dues twice a year.  This occurs when budgeted costs for classification and legal issues aren’t spent, usually the result of our legal representatives resolving issues before any costs are incurred.

    Thank You

    I have said on more than one occasion, “it takes active participation and commitment from all the members of ACE to effectively protect and serve the membership as a whole”.  I’d like to thank a couple of people who have recently gone the extra mile on behalf of all the members.


    Anthony Caceres served as Interim Vice President at De Anza for the past six months while our elected VP was out on leave. Anthony’s commitment and enthusiastic support for ACE is greatly appreciated and I am certain he will remain a key contributing member of this organization for years to come.

    Bradley Creamer has served as the ACE webmaster since we incorporated in 2009. When I reached out to Bradley to help us reduce costs, he found a comparable web host and set about the task of moving servers, saving ACE hundreds of dollars a year in operational costs without compromising security or support.

     

    Know Your Agreement:  Sick Leave vs. Personal Leave

    At A Glance

    • Sick leave is cumulative, personal is not.
    • Personal leave must be scheduled in advance (whenever possible) and needs supervisor approval. Sick leave does not.
    • The worker uses sick leave to cover medical appointments for themselves; personal leave to cover medical appointments for immediate family.
    • Your supervisor may not deny your request for time off for your medical appointment(s) nor may they request that you try to schedule your medical appointment(s) on your day(s) off.
    • Your supervisor may request additional information before granting personal leave. You may give a generalized answer such as financial appointment or dependent care obligation.

    10.1 – Sick Leave
    Sick leave provides continuation of pay to the District worker who cannot perform her/his duties because of physical or mental illness or injury.

    • Earn eight (8) hours per month.Classified hourly and part-time earn amount equal to the percent of a full-time contract.
    • No limit to the amount of sick leave which either full or partial contract workers may earn and accumulate from year to year.
    • Sick leave may be used in increments of one-quarter hour or longer.
    • A worker has available for use all of their earned sick leave plus the balance of their full potential entitlement for the current fiscal year.
    • Sick leave may be used for the workers appointments with doctors or dentists. 
    • Up to seven days of sick leave can be used for care of an ill member of the worker’s immediate family (as defined in Section 10.15) after all personal necessity leave has been exhausted. Under certain circumstances approved by the Director of Human Resources, sick leave can also be used for other reasons of personal necessity.
    • Whenever a worker is absent on sick leave for three or more working days or when a pattern of sick leave suggests a chronic illness, a medical report that outlines the nature of the problem and the probable date of full recovery may be required. If the information from the worker’s personal physician is insufficient, an examination by a physician of the District’s choosing may be required, at District expense.
    • During any fiscal year a worker may convert up to 60 hours of earned sick leave credit in excess of 240 hours to vacation leave credit at the rate of six hours of sick leave credit for four hours of vacation leave credit. The request to convert sick leave credit to vacation leave credit under this section must be made in writing to the Director of Human Resources and will be approved only if the vacation leave credit does not cause the vacation leave balance to exceed the maximum accrual allowed (2 years).

    10.15 Personal Leave
    For the purpose of this section “personal necessity” means obligations or unavoidable duties of an individual worker that must be performed during regularly scheduled working hours.

    • Full-time earn 40 hours each fiscal year. Part-time earn amount equal to the percent of a full-time contract.Classified hourly earn three days a year.
    • Eligibility for personal necessity leave begins on the first of the calendar month following six complete months of employment.
    • May not be used in lieu of vacation or sick leave (except after an illness of 10 working days or more and no full-pay sick leave is available, a worker may use personal necessity leave.)
    • Unless there are unavoidable and compelling reasons (i.e., medical appointments or illness after being on extended sick leave) personal necessity leave may not be taken in conjunction with any holiday, sick leave, vacation, or other leave of absence.
    • Personal necessity leave is not cumulative.
    • It must be scheduled in advance with the supervisor whenever possible. When advance scheduling is not possible because of an emergency situation, the worker is required to notify the supervisor as soon as possible that the worker is requesting personal leave. All personal leave must have the approval of the supervisor as evidenced by the supervisor’s signature on the time sheet.
    • Unless there are unavoidable and compelling reasons (i.e., medical appointments or illness after being on extended sick leave) personal necessity leave may not be taken in conjunction with any holiday, sick leave, vacation, or other leave of absence.
    • To ensure confidentiality, a worker may request Personal Necessity Leave by the subsection number without giving the exact nature of the request. The worker’s appropriate supervisor(s) may require a more exact explanation before granting Personal Necessity Leave, in which case the worker may respond orally and the response shall be considered confidential between the worker and his/her supervisor(s). In unique emergency situations additional hours of personal necessity leave may be granted by the Director of Human Resources.
    • Circumstances under which personal necessity leave is appropriate include, but are not limited to:
      •   Emergencies or obligations related to the worker’s home or family members, including medical or dental appointments for the worker’s family members when the nature of the appointment requires the worker’s presence, or special family obligations such as attending a family member’s graduation or marriage ceremony;
      •   Emergencies or obligations related to the worker, including appointments for the purpose of conducting personal legal affairs or financial transactions, receipt of a court order requiring absence from work, or observation of a major religious holiday of the worker’s faith.

    If you’re uncertain whether to use sick leave or personal leave or you’re having a difficult time scheduling the leave you need, contact your ACE steward for guidance.