PURPOSE: This rule describes the orgmimtion of the commission.

The Labor and Industrial Relations Commission (commission) is in charge of the department (Missouri Constitution, Article IV, Section 49) and is composed of three (3) members appointed by the governor with the consent of the senate. One (1) member of the commission who, by reason of his/her pretious activities and interests and who is licensed to practice law in Missouri, shall represent the public. Another member on account of his/her previous vocation, employment, affiliation or interests shall be classified as a representative of the employer. The remaining member on account of his/her previous vocation, employment, affiliation 01 interests shall be classified as a representative of the employee. A member of the commission is designated by the governor as chairman.

Auth: section 286.010, RSMo (19861. Original rule filed Dec. l&1975, effective Dec. 28,1975.

State ez inf. Danforth u. Butler, 524 SWZdl (1975). The Omnibus State ReorganizationActof1974didnotabolishthe Industrial Commission, in fact, but was “abolished” only as related to the trans. fer of duties, pouxrs and functions of office to the Labor and Industrial Relations Commission. Provisions that members of Industrial Commission succeed to membership as Labor and Industrial Relations Commission was not unconstitutional as conflicting with constitutional powers of gouernor, as order by Reorganization Act of 1974.

Graphenreed u. Ford Motor Company, 482 SW2d68 (MO. App. 19721. Where a final award affirming a referee’s decisions was properly signed by two commissioners,, this constituted a quorum or malority as required by section 286.010, RSMo (1969). Similarly the order denying the motion to vacate was properly signed by two members thus constituting a majority. The award and order were therefore acts of the 8 CSR20-1 , m

commission and uxre totally within its poUXrs. Op. Atty. Gen. No. 49, Bradford, 8-27. 79. The salary of members of the Labor and Industrial Commission, set by statute at $28,00Oper annum, cannot be increased by reorganization plan.