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Terms Used In Utah Code 34-20-3
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Employee: includes any employee unless this chapter explicitly states otherwise, and includes an individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment. See Utah Code 34-20-2
Employer: includes a person acting in the interest of an employer, directly or indirectly, but does not include:
(a)
the United States;
(b)
a state or political subdivision of a state;
(c)
a person subject to the federal Railway Labor Act;
(d)
a labor organization, other than when acting as an employer;
(e)
a corporation or association operating a hospital if no part of the net earnings inures to the benefit of any private shareholder or individual; or
(f)
anyone acting in the capacity of officer or agent of a labor organization. See Utah Code 34-20-2
Quorum: The number of legislators that must be present to do business.
Representative: includes an individual or labor organization. See Utah Code 34-20-2
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
There is created the Labor Relations Board consisting of the following:
(i)
the commissioner of the Labor Commission;
(ii)
two members who shall be, in accordance with 2, appointed by the governor with the advice and consent of the Senate consisting of:
(A)
a representative of employers, in the appointment of whom the governor shall consider nominations from employer organizations; and
(B)
a representative of employees, in the appointment of whom 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 advice and 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)
A member appointed under Subsection (1)(a)(ii) may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-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 Labor Commission.
(4)
A vacancy in the board does 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.
(6)
A member shall comply with the conflict of interest provisions described in 3.
Amended by Chapter 352, 2020 General Session Amended by Chapter 373, 2020 General Session
