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SPECIAL MEETING – The PERB Settlement Agreement between the PCCFA and PACCD

PCC Email Winter (March 24, 2016)

On March 16, 2016, the PCC Board of Trustees approved the terms of settlement between the PCCFA and the administration. In addition to restoring Winter Intersession, which is a huge victory for both students and faculty, the agreement includes compensation and interest for affected faculty. This award is a sea change in the faculty relationship with the district.  The faculty are full participants in the governance of this great college.  PCCFA negotiations team members as well as administrators from the District will be on-hand to explain the details of the agreement as well as answer any questions from faculty.

The following is an brief account of the process that led up to the agreement between the PCCFA and the District. Any questions you may have will be addressed at the meeting this coming Thursday:

1. There never was a Winter, 2013 class schedule.

2. If one had been completed, it would have been the smallest intersession ever.

3. The District contends that Spring 2 intersession took the place of Winter.

4. The FA contends that the PERB decision only addressed Winter, 2013.

5. Therefore, the two parties agreed to look back to Winter 2011 and 2012 to determine who might have been likely to teach in a robust post Proposition 30 Winter intersession, with the agreement to include the most faculty possible in the remedy.

6. The two parties also agreed that in the absence of a 2013 Winter schedule, it would be highly speculative to attempt to determine what classes any individual instructor would have taught. Therefore, the parties agreed to treat all individuals equally for the purposes of the settlement.

7. The parties agreed that each effected employee would receive a payment of $4,672.00. The District agreed to bear all ancillary costs including worker’s compensation, Medicare, etc. Because the payment is for a settlement, it is not subject to STRS deductions on the part of the employee or the employer. State and federal taxes will be deducted from the settlement payments.

8. Further the parties agreed that an additional 21 percent interest would be paid to faculty as per the PERB decision. This will amount to $1,051.00 for each effected employee. The interest would be paid in a separate check with no tax deducted. Early next year each effected employee will receive an IRS form #1099 from the district which will reflect the untaxed portion of the settlement.

9. The parties agreed to allow 120 days for those faculty involved in the settlement to be paid as per the Los Angeles County Office of Education requirements for such payments.

10. The parties agreed that some faculty may have been accidentally excluded from the settlement and that any one so effected would have sixty days from the execution of the settlement by the Board of Trustees to come forward with convincing proof that they either should have been included in the list of faculty arguably scheduled to teach. Also those who lost travel deposits or were forced to drastically alter their curriculum as a result of the cancellation of Winter, should come forward in the sixty day appeal period with convincing proof.