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 shall consider
nominations from employer organizations; and
(B) a representative of employees, in making this appointment the governor shall consider
nominations from employee organizations.
(b) (i) Except as provided in Subsection (1)(b)(ii), as terms of members appointed under
Subsection (1)(a)(ii) expire, the governor shall appoint each new member or reappointed member
to a four-year term.
(ii) Notwithstanding the requirements of Subsection (1)(b)(i), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
members appointed under Subsection (1)(a)(ii) are staggered so one member is appointed every
two 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 under
Subsection (1)(a)(ii) shall be filled by the governor with the consent of the Senate pursuant to this
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 for cause upon
a hearing.
(f) A member of the board appointed under Subsection (1)(a)(ii) may not hold any other
office in the government of the United States, this state or any other state, or of any county
government or municipal corporation within a state.
(g) (i) (A) A member appointed under Subsection (1)(a)(ii) may not receive compensation
for the member's services, but may receive per diem and expenses incurred in the performance of
the member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(B) A member appointed under Subsection (1)(a)(ii) may decline to receive per diem and
expenses for the member's service.
(ii) The commissioner may not receive additional compensation, per diem, or expenses
from the commissioner's service on the board that is in addition to the monies received as
commissioner.
(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 Labor
Commission.
(4) A vacancy in the board shall not impair the right of the remaining members to
exercise all the powers of the board, and two members of the board shall at all times constitute a
quorum.
(5) The board shall have an official seal which shall be judicially noticed.
Amended by Chapter 176, 2002 General Session
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Last revised: Thursday, May 28, 2009