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Decision No. 671

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May 06 1992
In Re: Whether 1988 General Conference Resolution Entitled "Pay Equity in the USA" Applies to All General Agencies.

Digest of Case

The 1988 General Conference Resolution entitled "Pay Equity in the USA" applies to all General Agencies including the General Board of Pensions and the General Board of Publication.

Statement of Facts

At the 1991 Annual Meeting of the General Council on Finance and Administration, its committee on Audit and Review was directed to seek clarification from the Judicial Council on the intent of the General Conference with regard to the 1988 General Conference Resolution entitled "Pay Equity in the USA." The Council on Finance and Administration has attempted to carry out its responsibilities by requesting information from all the agencies of the church. The General Board of Pensions and the General Board of Publication have refused to supply the requested information on the ground that they are not specifically included in the resolution. At a hearing on May 6, 1992 in Louisville, Kentucky, oral presentations were made by Craig Hoskins, representing the General Council on Finance and Administration, and James M. Walton-Myers, representing the General Board of Pensions and the General Board of Publications. JURISDICTION The Judicial Council has jurisdiction under  2615 of the 1988 Discipline. ANALYSIS The resolution in question, "Pay Equity in the USA," states: 1. We call upon the General Council on Finance and Administration to evaluate internal wage structures and practices of general agencies in light of the principle of pay equity and to include this assessment in its regular monitoring of equal employment opportunity compliance (The Book of Discipline,  907.7(b)). The General Board of Pensions and General Board of Publication have joined in a brief in which they argue that they are not included in those required to comply with the resolution because of the reference to  907.7(b). Both agencies state that they are in compliance with the resolution's aims but do not have to report to the General Council on Finance and Administration because they are not included in  907.7(b). We find that  907.7(b) is a process paragraph and do not determine it as limiting the duty of GCFA to monitor all general agencies. The parenthetical reference is an explanatory comment by definition and is not a part of the legislation. (See 1988 Book of Resolutions, pg. 361 entitled "Pay Equity in the USA.") Had it so desired, the General Conference could easily have excluded the two agencies which are asking to be excepted. It would have taken only a reference to general agencies receiving general church funds or to the agencies by name. Neither of these occurred in the original resolution nor the minor changes made in the final presentation.

Decision

The 1988 General Conference Resolution entitled "Pay Equity in the USA" applies to all General Agencies including the General Board of Pensions and the General Board of Publication.

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