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2022.08.03 Update – Demand to Bargain, New MOU, Koff Appeals due Aug 31

ACE Members,

Reminder: Koff Classification Appeals are due by August 31st (!)

Has your work changed significantly since the original classification study? Does your job description not align with your permanent ongoing duties? Have you not already submitted an appeal by completing a position description questionnaire? If you answered “yes” to all three questions see the July 14th ACE Update email for a form to complete by 8/31/22 and guidance.

Contact me with questions, but understand that you are the expert when it comes to the work you are regularly assigned. If the bulk of that work is done by a higher classification, filling out this form is your best opportunity to be fairly compensated for that work.

Copy me on final submissions and I will forward them to the appropriate person in human resources. Interviews may occur months after the deadline (date to be determined.)

Return to In Person Work MOU

At yesterday’s DA/CS site meeting we reviewed what a “demand to bargain” is and how members play a role in working conditions changes. As an example, when the Foothill College President issued their “In Person Office Hours and Services” message on April 14th, ACE responded with a demand to bargain health and safety consequences of that. Negotiations with human resources resulted in an MOU which you can read the entirety of here (LINK), along with all of our MOUs here (LINK), to understand how teleworking and covid exposure guidelines have changed:

Teleworking 💻

Article 13.2.6 provisions have not changed:

At the request of a worker, and if the needs of the department can be met, the worker may be permitted to work out of his or her home via computer terminal. The request and the subsequent permission, if granted, shall be in writing.

The latest MOU adds:
(1) a denial from your supervisor/manager must be provided in writing and it must include their reasoning.
(2) an appeal process to a next level supervisor/manager and a review by Human Resources and ACE for a final decision.
(3) a minimum 10 working days notice in writing prior to the end of a teleworking agreement.

  • This applies to existing agreements.
  • Ending an agreement would also constitute a denial (see #1) and could be appealed (see #2).

(4) clarity that you not required to use your personal cell phone for work purposes.
(5) that supervisors are not allowed to visit an employee’s home (per the Alternate Work Location Guidelines posted 2020.06.12)

Covid Exposure Guidelines 🦠

Article 10.8 and Article 19 have not changed:

The latest MOU adds:
(1) Exposure notification requirements for any employee who was in close contact or a shared space with someone who has tested positive and protocols have been agreed upon.
(2) If you are awaiting a covid test result or test positive, and are able to work you may make arrangements with your supervisor to work remotely (with supervisor approval.)
(3) If your child tests positive for covid, you may use your sick leave or request to work from home (with supervisor approval) until the end of a quarantine/isolation period.
(4) If you are required to quarantine by the district, a teleworking arrangement will be made or you will be placed on administrative leave until the end of the quarantine period.

Q: What does a teleworking request look like?
A: “Dear ACE Members, I would like to establish a schedule where I work one day per week remotely. My duties include drafting communications, updating web pages, responding to emails, and reviewing policy documents. All require long periods of focus which are more common in the remote environment and therefore I can more effectively meet the needs of the organization. For urgent requests I would be available to contact via email and phone. Please respond if you approve or deny this schedule, in writing.”

As a reminder, working from home was in response to the pandemic and we do have to meet the business needs of the district/college if they require us to be onsite. ACE remains committed to safety and bargaining the impact of workplace changes. The opportunity to continue teleworking will depend on your job duties and the ability to perform those duties in an equal or better fashion while not onsite. While we now have an appeal process, much of establishing a hybrid schedule falls within your ability to communicate to your direct report that the quality and quantity of your work will not diminish and the needs of the department will continue to be met.

ACE will continue to refine this process during 2022-23 negotiations sessions – stay tuned 📺

Q: Does my supervisor/manager already know about this MOU?   
A: We’re not sure – to be safe we’ll contact representatives among management and supervisors to make this widely known. You can also send a message to your supervisor/manager saying, “did you see this new thing?”

Q: My supervisor/manager disagrees with this MOU and does not want to follow it. What do I do?
A: Contact an ACE steward – @Anthony Caceres(FH), @Erika Flores(DA), @Adriana Garcia(DA), @Scott Olsen(ACE)

TEAs 🫖

Temporary employee assignment practices are an issue ACE is paying close attention to. The recent HR Report (LINK) included a large quantity of class T3 short-term employees, but the project/notes failed to specify how many were performing one-time, seasonal service not needed on a continuing basis, or assisting with a special project. ACE has challenged for that additional information and to be sure district policies and procedures(LINK) are being properly followed. If the work is ongoing and could be accomplished by an ACE classification, a regular benefitted position should be established.

In Solidarity,

Scott Olsen (he/him) | ACE President
https://acefhda.org | olsenscott@fhda.edu
650-949-7789 | M-F 8:00am-5:00pm

2022.07.14 Update – Classification Appeals Due, Summer Time Card Instructions, +More

ACE Members,

Classification Study Final StepsAppeal PDQs Due August 31st, 2022

Has your work changed significantly since the original classification study? Does your job description not align with your permanent ongoing duties? Have you not already submitted an appeal by completing a position description questionnaire? If you answered “yes” to all three questions complete a PDQ appeal form by 8/31/22.

Contact me with questions but understand that you are the expert when it comes to the work you are regularly assigned. If the bulk of that work is done by a higher classification, filling out this form is your best opportunity to be fairly compensated for that work.

Copy me on final submissions and I will forward them to the appropriate person in human resources. Interviews may occur months after the deadline (date to be determined.)

Summer Time Card Instructions

Yesterday I spoke with Nancy Chao in Payroll to gather details on how to record the summer schedule transition. If your work schedule as of July 14th is 4×10, on your liquid office time report (LOTR) you would input 10-10-10-10-0, for M-T-W-T-F, and include a note in the comments at the bottom stating the date you were required to begin that schedule (see example in screenshots below.) This will clarify details for payroll and cause fewer headaches 🤞

Timecard example described above showing how to input hours.
Timecard example described above showing note on when new schedule was required.

Wanted: Chief Steward, Central Services

We are still in need of a Chief Steward for Central Services. Training will take place after we have a member in the role. This is a key union position that serves to help members interpret our agreement, defend against contract violations, and has a seat(vote) on our executive board.

Contact me with questions.

Wanted: De Anza Travel and Conference Committee

This committee has two vacant seats – one ACE, one De Anza Classified Senate. It meets once a month or as needed to review applications. Roles and responsibilities are described in this document here (LINK). Reach out to Sushini Chand and Dana Kennedy for details on how the committee operates.

Contact @Dawn Lee Tu if you are interested in joining.

July Board of Trustees Meeting

On Monday night I gave the trustees a thank you card for approving our reasonable cost of living adjustment. ACE and the district never agree to anything that is clearly beyond the district’s ability to provide, which makes any agreement reasonable. The card had artwork by Ricardo Levins Morales (see below.) During the leadership report I spoke to the importance of unions in social justice movements and building a better world for workers, along with ACE’s commitment toward leadership development and maintaining a strong democratic union. I mentioned that every unionist at the conference I attended whom I described the staffing shortage in HR considered that shortfall to be a significant organizing issue – one that is broadly and deeply felt. I also highlighted the number of retirements and resignations on that meeting’s HR report. From many of you I hear that the district’s outcomes haven’t changed – the work is still getting done, students are graduating – but the way FHDA CCD is conducting business has changed as is leading employees to consider leaving. I urged the board to pursue a staffing study to identify where support is needed across the district. I recognize many of you have large workloads that go beyond a 40-hour workweek and a plan needs to be developed to alleviate the pressure.

Thank you card described above.

Finally, I’ll encourage you to use your vacation time during the summer if you have a balance that enables you to disconnect from the workplace for a while. Watching the leave numbers grow is not nearly as relaxing as taking some time off. I will be out of the office on most Fridays during the summer and on vacation the week of Aug 15th recovering to handle the other side of 2022.

In Solidarity,

Scott Olsen (he/him) | ACE President
https://acefhda.org | olsenscott@fhda.edu
650-949-7789 | M-F 8:00am-5:00pm

Previous messages regarding classification study appeals attached to original email.

2022.03.21 Classification Study Retro Pay; COLA; “Campus Revitalization”

ACE Members,

Classification Study Retro Pay

At the end of the day on Friday I did not receive complete information from Human Resources regarding classification study retro pay. Total amounts to be paid were calculated for 7 of 84 employees. As the information is incomplete, I am uncertain if the schedule provided is accurate, but what I have describes that employees still waiting for their retro money will be paid in either March, April (mid-month), or April based on their CWID.

In addition to this, the district alleges that some of you were overpaid. ACE has requested a list of affected employees, the amount of overpayment and the reason they were overpaid. ACE will be involved in attempts to recover any overpayments. Contact me immediately if you are told money will be taken from you as a result of alleged overpayment. I will work with our attorneys to make sure this is handled appropriately.

COLA Negotiations

For ‘21-‘22 and ‘22-‘23 we will be bargaining jointly alongside the other unions to negotiate COLA, similar to how we negotiate for benefits as a group. This change in format is intended to speed up the process to get money in your paychecks faster(as close to July 1st as possible) when it comes to implementing both COLAs.

I’m aware of a letter circulating regarding COLA. As a reminder, it is a negotiated item and we cannot ask for more than the district can provide. Seeking a percentage beyond what’s available in the budget would necessitate cuts to ongoing district expenses.

At the Board of Trustees meeting on April 4th, which begins at 6pm, I will detail our collective disappointment with these inaccuracies and delays. The classification study results will have been approved one year ago at that time. Though nothing we say or do may impact the timeline of the current process, if you’d like to join me in expressing how this experience has affected you here are some ways to be heard:

  1. Submit a public comment in advance to norsellpaula@fhda.edu
    1. Subject: “Board of Trustees 4/4 Public Comment”
  2. Show up in person to speak at the Board of Trustees meeting
  3. Show up in person wearing red or maroon

“Campus Revitalization”

The chancellor’s “Spring 2022 Update” message serves as a notice that you may have to return to the workplace more often than you were asked to during winter quarter, but that decision still remains with your manager.

To work on campus, COVID-19 booster shots are required for those who are currently eligible. Medical and religious exemptions still apply, see AP 3507 for complete details and contact me with questions/concerns.

Wearing a face mask will continue to be required in public facing areas and indoor classes through May 6th. This was decided based upon past experiences following breaks where more people traveled and due to a current increase in COVID-19 cases globally. The face mask policy will continue to change in response to local case rates.