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Justice in Employment

The original Justice in Employment policy became effective on January 1, 1999. The experience of the intervening eight years has strongly reinforced our conviction that the above principles are the appropriate framework for accomplishing our goal of openness, mutuality and respect among and between all those who work for this local Church. At the same time, the experience gained during those eight years has prompted us to make certain adjustments, to clarify language, and to sharpen the focus of some provisions. In the hope that they will continue to strengthen the development of working relationships based on trust and mutual respect within the Church, we hereby adopt these revised policies and procedures, which shall become effective July 1, 2007.

These policies apply to all employees of the Archdiocesan Corporation, parishes within this archdiocese, and their related schools, as well as those institutions specifically designated by me. Those who make up the staff of the Archdiocesan Corporation and parishes and schools consist of lay people, as well as priests and religious women and men. This mixture adds richness to the quality of ministry in the Church. It also creates complex relationships where application of personnel policies is concerned.

Although all Archdiocesan employees, as well as parish and school staffs, are called to minister to the People of God, there are some distinct differences that must be recognized in terms of the more legally oriented employment relationships. The Code of Canon Law establishes superseding or sometimes overriding relationships between a bishop and priests and also regulates the relationships of religious to the Church. It is in the context of these relationships that the "employment" status of priests and religious is qualified from a legal point of view. Because the Archdiocese values consistency and fairness in administration, all staff members are asked to observe these policies except when and if the Code of Canon Law sets forth different regulations or policies.

The policies contained in this document issued under my authority as the Archbishop, as well as other policies issued by a pastor or supervisor, as long as they are consistent with the basic intent of this document, form the basis of the employment relationship. These policies supersede and cancel any policies, procedures or other employment contracts when inconsistent with this document. These policies are considered the basic terms and conditions of employment. Each individual's application file should include the employer's offer of employment, a position description, a completed employment application and a signed and dated receipt of these policies.

I mandate these policies as the spiritual and religious leader of all Catholics in this diocese. This mandate shall not change or amend the status of employees as employees of the civil corporation by whom they are employed. In short, employees of our parishes, related schools and other institutions designated by me to whom these policies apply shall not be considered employees of the Archdiocese.

The policies do not cover two groups, who typically would not be deemed employees. They are individuals hired for specific projects, such as a study of the particular department or operation, which would have a specific termination date; and individuals hired for a specific task on a part-time basis, such as athletic coaches, tutors, and the like. To make their status clear, an employer has the right to exempt those persons falling in the above two categories from the application of this Justice in Employment policy. If appropriate, such individuals may be offered term contracts for the duration of the project for which they are retained. This term contract will be governed solely by its provisions, including provisions relating to termination. In the absence of a written contract, whatever oral agreement is reached with such an employee, will similarly control the terms of the engagement, including termination.

By accepting a position or continuing in a position on or after the effective date of these policies, an employee shall be deemed to have accepted these policies and their application, including mandatory arbitration.

Sincerely yours in Christ,

The Most Reverend Harry J. Flynn, DD
Archbishop of Saint Paul and Minneapolis

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