To establish the structure, policies, competency, and authority of the Employment Review Board (ERB).
II. Ecclesial Foundation
The Employee Handbooks set forth the rights and obligations of those who work for institutions of the Church as well as those who serve as employers. The ERB operates to ensure that these rights are protected and obligations are fulfilled.
The ERB does not replace or interfere with the Office of Conciliation for the Archdiocese, which is the proper forum to bring disputes regarding employment issues. Rather, the ERB may review a grievance to determine whether proper processes were followed and whether the decision reached was in accord with Archdiocese, Parish, and Parish or Regional School policies.
The ERB has no authority to recommend that an employer’s decision be changed and, therefore, is not an avenue for an employee to appeal an employer’s decision. The ERB may, however, advise those with authority over an employer whether proper processes and policies were followed in making an employment decision. In this way, the ERB provides a forum to promote accountability and to safeguard Christian values inherent in Church employment.
“Archbishop” means the sitting Archbishop of St. Paul and Minneapolis (or the appointed Apostolic Administrator).
“Archdiocese” means that certain corporate entity formed, maintained and existing under Minnesota Section 315.16 with the Minnesota Business Name: “The Archdiocese of St. Paul and Minneapolis”.
“Parish” means a parish within the Archdiocese Territory that is Archdiocese-recognized as Catholic.
“Parish or Regional School” means a Catholic school to which the Archbishop has assigned oversight to a Pastor, Parochial Administrator, or Canonical Administrator.
“Pastor” means a Parish Pastor or a parochial administrator, as the case may be.
1. The ERB serves as a confidential, advisory, consultative body to the Archbishop and his staff regarding possible violations of the Employee Handbooks of the Archdiocese, Parishes, and Parish or Regional Schools (Handbooks) and related promulgation policies.
2. Upon request, the ERB may review grievances to determine whether the policies set forth in the Handbooks, promulgation policies, Codes of Conduct, and Standards in Church Ministry (financial standards) were properly followed. Based on its determination, the ERB may offer recommendations to the Archbishop or his designee.
3. Grievances subject to canonical hierarchical recourse (cc. 1732-1739) are exempt from this policy and shall not be considered by the ERB.
4. The ERB shall be made up of six members. Ex officio members shall be the Episcopal Vicar for Clergy and Parish Services and the Director of the Archdiocesan Office of Human Resources. The other four members shall be a Pastor, a Parish business administrator, a member of the Coalition of Ministry Associations, and a principal from a Parish or Regional School, all of whom must be appointed by the Archbishop. None of the members shall work at the same Parish.
a. The Pastor representative shall be nominated by the Presbyteral Council.
b. The Parish business administrator representative shall be nominated by the Association of Parish Business Administrators and must be current member of the association.
c. The Coalition of Ministry Associations representative shall be nominated by the Coalition of Ministry Associations and must be a current member of the coalition.
d. The principal from a Parish or Regional School representative shall be nominated by the Director of the Office for the Mission of Catholic Education and must be a current principal.
e. Members serve for a term of two years. The Archbishop may renew member’s terms.
5. The Director of the Archdiocesan Office of Human Resources shall serve as the chair of the ERB and shall provide staff support.
6. The Chancellors of the Archdiocese shall serve as counsel for the ERB.
7. Grievances related to violations of the Handbooks may be filed with the ERB by persons who are subject to the Handbooks.
8. Grievances may only be filed with the ERB after all of the Office of Conciliation processes have been exhausted or permanently waived by all parties.
9. The ERB shall not serve as a replacement or substitute for the Office of Conciliation and the requirement to submit all employment-related disputes to the Office of Conciliation, pursuant to Section 5-21, 5-22 and 5-23 of the Handbooks.
10. Findings, recommendations, or actions of the ERB not provide any party with any type of legal cause of action or claim against any other party or the ERB.
11. The ERB shall review Parish and Parish or Regional School Handbooks to ensure compliance with Archdiocesan policies.