A. There is created a three-member "labor and industrial commission." The governor shall appoint two members with the consent of the senate who shall hold office at the pleasure of the governor for terms of four years. One member appointed by the governor shall be a person who, on account of his previous vocation, employment or affiliation can be classed as a representative of employers and the other member appointed by the governor shall be a person who, on account of his previous vocation, employment or affiliation, can be classed as a representative of employees. The third member shall be appointed by the other two members and shall hold office at the pleasure of the appointing members for a term of four years. The third member shall be a person who, on account of his previous vocation, employment or affiliation, cannot be classed as a representative of employers or employees. Not more than two members of the commission shall belong to the same political party. If a vacancy occurs in a position appointed by the governor between sessions of the legislature the position shall be filled by the governor. A person appointed by the governor to fill a vacancy on the commission between sessions shall serve until the next regular legislative session. The governor shall designate a chairman of the commission.

B. Members of the commission shall receive per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].

History: 1978 Comp., § 50-1-1, enacted by Laws 1979, ch. 204, § 3.

Repeals. — Section 50-1-9 NMSA 1978 provided for the delayed repeal of the labor and industrial commission, effective July 1, 2014. Laws 2007, ch. 200, § 24 repealed 50-1-9 NMSA 1978, effective July 1, 2007.

Repeals and reenactments. — Laws 1977, ch. 252, § 26, repealed 59-1-1, 1953 Comp., relating to creation of the labor and industrial commission and the selection, term and qualifications of its members, and enacted a former 50-1-1 NMSA 1978.

Laws 1979, ch. 204, § 3, repealed former 50-1-1 NMSA 1978, relating to definitions of "labor and industrial commission" and "labor commissioner," and enacted a new section.

Compiler's notes. — The labor and industrial commission is administratively attached to the Workforce Solutions Department. See 9-26-7 NMSA 1978.

Wage collection authority. — This article and article 4 of this chapter do not specifically provide the division with the authority to issue judgments or warrants for the collection of wages due; rather, these statutes simply allow the division to prosecute a wage collection action in magistrate court or district court if it determines that an employee's wage claim is "valid and enforceable." Southworth v. Santa Fe Servs., Inc., 1998-NMCA-109, 125 N.M. 489, 963 P.2d 566.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Employer's duty to furnish information regarding financial status to employees' representative under National Labor Relations Act, 106 A.L.R. Fed. 694.