34-20-3 - Labor Relations Board.
34-20-3. Labor Relations Board.
(1) (a) There is created the Labor Relations Board consisting of the following:
(i) the commissioner of the Labor Commission;
(ii) two members appointed by the governor with the consent of the Senate consisting of:
(A) a representative of employers, in making this appointment the governor shallconsider nominations from employer organizations; and
(B) a representative of employees, in making this appointment the governor shallconsider nominations from employee organizations.
(b) (i) Except as provided in Subsection (1)(b)(ii), as terms of members appointed underSubsection (1)(a)(ii) expire, the governor shall appoint each new member or reappointed memberto a four-year term.
(ii) Notwithstanding the requirements of Subsection (1)(b)(i), the governor shall, at thetime of appointment or reappointment, adjust the length of terms to ensure that the terms ofmembers appointed under Subsection (1)(a)(ii) are staggered so one member is appointed everytwo years.
(c) The commissioner shall serve as chair of the board.
(d) A vacancy occurring on the board for any cause of the members appointed underSubsection (1)(a)(ii) shall be filled by the governor with the consent of the Senate pursuant tothis section for the unexpired term of the vacating member.
(e) The governor may at any time remove a member appointed under Subsection(1)(a)(ii) but only for inefficiency, neglect of duty, malfeasance or malfeasance in office, or forcause upon a hearing.
(f) A member of the board appointed under Subsection (1)(a)(ii) may not hold any otheroffice in the government of the United States, this state or any other state, or of any countygovernment or municipal corporation within a state.
(g) A member appointed under Subsection (1)(a)(ii) may not receive compensation orbenefits for the member's service, but may receive per diem and travel expenses in accordancewith:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and63A-3-107.
(2) A meeting of the board may be called:
(a) by the chair; or
(b) jointly by the members appointed under Subsection (1)(a)(ii).
(3) The chair may provide staff and administrative support as necessary from the LaborCommission.
(4) A vacancy in the board shall not impair the right of the remaining members toexercise all the powers of the board, and two members of the board shall at all times constitute aquorum.
(5) The board shall have an official seal which shall be judicially noticed.
Amended by Chapter 286, 2010 General Session