Section 286.010

Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 286

Effective - 28 Aug 1995   

  286.010.  Creation of department of labor and industrial relations — industrial relations commission of Missouri — members, appointment, qualifications — chairman. — There is hereby created and established a separate department of the state government to be known as "The Department of Labor and Industrial Relations".  Such department shall be under the control, management and supervision of a commission to be known and designated as "The Labor and Industrial Relations Commission of Missouri".  Such commission shall consist of three members, each of whom shall have resided in this state for at least five years immediately prior to the person's appointment, to be appointed by the governor, by and with the advice and consent of the senate.  One member of the commission shall be a person who, on account of the person's previous vocation, employment, affiliation or interests shall be classified as a representative of employers, and one member who, on account of the person's previous vocation, employment, affiliation or interests shall be classified as a representative of employees, and one member, who, by reason of the person's previous activities and interests shall be classified as a representative of the public and who is licensed to practice law in the state of Missouri; provided, however, that not more than two members of the commission shall be of the same political party.  A member of the commission shall be designated by the governor as the chairman of the commission.  During the member's term of membership on the commission, no member shall engage in any other business, vocation or employment, or serve as an officer or committee member of any political party or organization.  Any two commissioners shall constitute a quorum.  The governor shall fill any vacancy within sixty days but no vacancy shall impair the right of the remaining commissioners to exercise all powers of the commission.

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(L. 1945 p. 1101 § 1. A.L. 1995 H.B. 300 & 95)

(1972) Where the final award and the order denying the motion to vacate were signed by two members of the commission thus constituting a quorum or majority, they were acts of the commission and were totally within its powers even though the member dissenting each time was a different member.  Graphenreed v. Ford Motor Company (A.), 472 S.W.2d 68.