Exclusivity clause
  • Does anyone have an exclusivity clause in their contract? Is this a typical thing for a musician to have in their contract with a parish? I am wondering, especially about part-time musicians.
    Thanks!
  • Liam
    Posts: 4,942
    Regardless of its commonality, and exclusivity clause in a part-time contract would be *very* unreasonable, and I would question the bona fides of an employer who proposed it.
  • Kathy
    Posts: 5,499
    Regarding part-time, it sounds unfair, actually. How can they make a living?

    Regarding full-time, in some dioceses everyone is restricted to forty hours per week , which is effectively an exclusivity clause for forty-hour employees.
  • rob
    Posts: 148
    Without seeing it, it's hard to know exactly what you mean by an "exclusivity" clause, but I wouldn't assume the employer even knows exactly what it's asking for -- or its impact -- since many contracts these days are built on templates taken from the internet.

    Typically, an exclusivity clause is used to protect an employer's legitimate business interests (especially those involving of a special proprietary nature) from potential competitors. I'd find it hard to understand what "competition" an average parish is trying to protect itself from.

    If the employer confirms that the inclusion of the clause is intentional, though, I'd start with trying to get the employer to describe its true interests (vice mere "position", i.e. that an exclusivity clause is required, period).

    Does the employer fear that other employment will somehow bring scandal or discredit to its own enterprise? Is the employer concerned that other employment will be given priority over its own needs?

    There are other, better terms/conditions to address these issues rather than to demand an exclusivity clause. Or, as in other business settings, to offer some premium in return for exclusivity.
    Thanked by 1CHGiffen
  • I have never heard of a musician in a parish having a contracted exclusivity clause.

    I want to add that it seems especially odd (and especially unjust) in a part time position, but I can't, because I've never seen it in any position.

    When the Church starts paying musicians a living wage, then maybe we can even begin to talk exclusivity.

  • CharlesW
    Posts: 11,934
    I have never heard of this in church music. Perhaps if you work for another church at a better wage, it could show your original employer is a cheapskate. Other than that, what would be a valid reason for it?
  • BenBen
    Posts: 3,114
    That's weird.
  • marajoymarajoy
    Posts: 781
    Agreed, weird. Now I want to know the wording, but also if this is a real, actual situation, or just a potential one.
  • melofluentmelofluent
    Posts: 4,160
    Yes
  • matthewjmatthewj
    Posts: 2,694
    I was helping a friend who was negotiating a contract recently and there was a line in there that didn't allow him to play/substitute at other churches. I advised him/her to ask them to remove it, he/she did, and they agreed.
  • Thanks, all! In order to be prudent, and guard against any speculation on the part of individuals involved, I'd prefer to leave out details.

    This is a situation that I've only heard about once, so I'm simply trying to gather opinion as to whether an exclusivity clause for a church musician, including a part-time employees, is a reasonable, standard practice. I had not heard of it being so, but my experience with contracts is limited.

    Thanks for the info- very helpful.
  • Carl DCarl D
    Posts: 992
    In business, this would be a way to keep sensitive information from flowing to the competition. So in a church context, let's imagine that a contract would exclude you from working at another Christian church across the street - or even a non-Christian church of some sort.

    I can't imagine what that would accomplish. Some kind of weird "we don't want you to lose your soul to another religion" thing? Or is it a subtext of "we want to make sure we extract as much time out of you as possible"?

    Like everyone's saying: Weird. And out of context.
  • Mark HuseyMark Husey
    Posts: 192
    My pastor that just retired strongly discouraged me from accepting additional jobs, like the local choral society (which could have been a great boon to the choir). "You already have a full-time job. You'll get stressed out." I was indignant. I also didn't want to pick a fight.

    As it turns out, the local choral society wouldn't have been the right fit anyway. Still, what this now-retired pastor did didn't sit right with diocesan HR when I called them (anonymously). Good thread to read, this "exclusivity" thing. Thanks for posting.
  • cmbearer
    Posts: 74
    All of our parish employees received an employee handbook at our last full-staff meeting. There was a clause that said any other employment was not "forbidden" but it could not affect job performance at the church.

    I think most paid parish musicians and DMs probably either need to (living wage) or at least enjoy pursuing other musical endeavors. Like Mark said, other opportunities, can help boost, directly or indirectly, a parish music program.
  • I think a big part of this problem is that too many parishes hire part-time DOM's but then demand full-time commitment. Let's face it.......most musicians do not make the kind of money that is necessary to survive in today's economy and are forced to take on other work. I'm sure most of us would prefer being able to work at one parish only and not have to "job hop", but we have to do what we have to do. I recently had an opportunity to work for another parish. It was a lot bigger and would have been a big boost to my resume. I chose against it because it was "part-time" and the job description was out of this world! It was so demanding it would have made it impossible to find work elsewhere. But, the salary was commensurate with a part-time position, so I turned it down.

    Until the Church realizes the work that goes into being a DOM of a parish, no matter what the size, and begins to hire full time musicians, it is totally unreasonable to have any kind of exclusivity clause in our contracts forbidding work elsewhere.