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345.120 State Labor Relations Board.
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There is hereby created and established a State Labor Relations Board to
assist in resolving disputes between public employers and firefighters or their
labor organization which shall be composed of three (3) members appointed by
the Governor, one (1) for a term of two (2) years, one (1) for a term of three (3)
years, and one (1) for a term of four (4) years. The Governor shall designate
one (1) member to serve as chairman of the board. Thereafter, upon the
expiration of the term of any member, members shall be appointed for four (4)
year terms by the Governor.
Each member of the board shall have been an elector in this state for at least
one (1) year next preceding his or her appointment. Any member may be
removed by the Governor for cause, shown in an administrative hearing
conducted in accordance with KRS Chapter 13B. The Governor shall fill any
vacancy by appointment for the unexpired term. No member shall receive a
salary but each member shall be paid fifty dollars ($50) and expenses for each
day during which he or she is engaged in the duties of the board. The board is
authorized to hold hearings at any place in this state. Any and all expenses
incurred by the Labor Relations Board shall be shared by all parties concerned
in the dispute.
The board shall appoint employees necessary to carry out the work of the
board. All files, records, and documents accumulated by the board shall be
kept in offices provided by the board. All decisions shall be made by a majority
of the board.
To accomplish the objectives and to carry out the duties prescribed by this
chapter, the board may subpoena witnesses; issue subpoenas to require the
production of books, papers, records, and documents which may be needed as
evidence in any matter under inquiry; and administer oaths and affirmations.
In case of neglect or refusal to obey a subpoena issued to any person, the
Circuit Court of the county in which the investigations or the public hearings are
taking place, upon application by the board may issue an order requiring the
person to appear before the board, any member, or agent, to produce evidence
or give testimony about the matter under investigation. A failure to obey a court
order may be punished by the court as a contempt.
Any subpoena, notice of hearing, or other process or notice of the board issued
under the provisions of this chapter, with the exception of notice requirements
for administrative hearings as provided in KRS Chapter 13B, may be served
personally, by certified mail, return receipt requested, or by leaving a copy at
the principal office or place of residence of the respondent required to be
served. A return, made and verified by the individual making service and
setting forth the manner of service, is proof of service and a returned
post-office receipt, when certified mail is used, is proof of service. All process of
any court to which application may be made under the provisions of this
chapter may be served in the county in which the persons required to be
served reside or may be found.
The board shall, promulgate, amend, or repeal any administrative regulations
necessary and administratively feasible to carry out the provisions of this
chapter. Public hearings shall be held by the board, pursuant to KRS Chapter
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13A, on any proposed administrative regulation of general applicability
designed to implement, interpret, or prescribe policy, procedure, or practice
requirements under the provisions of this chapter and on any proposed change
in an existing administrative regulation.
The board shall be attached to the Labor Cabinet for administrative purposes.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1870, effective July 15, 2010. -Amended 1996 Ky. Acts ch. 318, sec. 327, effective July 15, 1996. -- Amended
1984 Ky. Acts ch. 414, sec. 43, effective July 13, 1984. -- Amended 1980 Ky.
Acts ch. 114, sec. 97, effective July 15, 1980. -- Amended 1976 Ky. Acts
ch. 299, sec. 87. -- Amended 1974 Ky. Acts ch. 315, sec. 73. -- Amended 1974
Ky. Acts ch. 308, sec. 60. -- Created 1972 Ky. Acts ch. 120, sec. 13.
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