Alabama. Dept. of Labor (1943-)

The Department of Labor promotes voluntary and peaceful settlement of labor disputes and enforces certain labor legislation. The administrative duties of the department are entrusted in the Commissioner of the Department of Labor.

The Commissioner is appointed by the Governor. His qualifications are not specified by law. He serves at the pleasure of the Governor, who fixes the salary within limitations set by law. The Commissioner appoints necessary personnel, subject to the provisions of the Merit System. An Assistant Commissioner aids the Commissioner in performing the duties necessary for the administration and perpetuation of the department's legally authorized functions and activities. (Alabama Government Manual, 1982)

In 1943, the Department of Labor was re-created as a result of a legislative act; a previously authorized department bearing the same name had been created and subsequently eradicated by legislative statute. The said department was legally authorized to provide for the personnel, powers, functions, duties and procedures as it (department) may have deemed pertinent to the administration, perpetuation and expedition of the department's constitutionally and legislatively allocated powers. Furthermore, the department was legally authorized to regulate the activities and affairs of labor organizations and to require reports thereby, to make unlawful interference with the right to work or with obtaining, use, or disposition of materials, equipment, or service, to regulate the exercise of the right to strike, to prohibit the collection, receipt, or demand of money for the privilege of working, and to prohibit executive, administrative, professional, or supervisory employees from becoming members in certain labor organizations. Furthermore, the department was legally authorized to prohibit political contributions by labor organizations, to create civil liability and to establish civil and criminal penalties and remedies for the violation of the creating act (General Acts of Alabama, 1943, No. 298) and to provide for the enforcement thereof. (General Acts of Alabama, 1943, No. 298).

The Department of Labor was to be headed by, and under the direction, supervision, and control of, an officer designated as the Director of Labor. The said director was responsible to the Governor for administration of the Department of Labor and was appointed by and served at the pleasure of the Governor. Vacancies in the office were filled in the same manner as the original appointments were made. Before entering upon the discharge of his legislatively allocated duties, the Director was required to take a constitutional oath of office as provided by the Constitution. Furthermore, he was required to execute bond in such penalty as may have been prescribed by the Governor, conditioned upon a faithful discharge of his duties and payable to the State of Ala. The premium of his bond was paid out to the State Treasury as like bonds of State officers. The Director was required to devote full time to his official duties and was emphatically forbidden to hold any other renumerative position while serving as Director of the Department of Labor. (General Acts of Alabama 1943, No. 298, Sec. 3-4)

Currently, the Department investigates labor disputes, promotes settlements, assists boards of mediation, determines area prevailing wage on all State-funded building projects, administers a State occupational safety and health program, and enforces certain labor legislation. The Commissioner administers the Department, investigates labor disputes and promotes peaceful settlement of such disputes through mediation and conciliation, assists and conducts union representation elections, assists ad hoc boards of mediation appointed by the Governor and obtains necessary data for these boards, and obtains annual and financial reports and filing fees from labor unions. The Commissioner, by designation of the Governor, is responsible for the development and administration of a State occupational safety and health program. The Commissioner collects, compiles, and analyzes on-the-job work injury and illness statistics along with assisting employers with their responsibility of record keeping and reporting under the Occupational Safety and Health Act. Furthermore, he investigates and attempts equitably to adjust controversies in respect to wage claims or alleged wage claims. The Commissioner keeps a permanent record of Department acts and proceedings and makes an annual report to the Governor. The Department of Labor receives annual appropriations from the General Fund and through federal grants. (Alabama Government Manual, 1982)

As of 1986, the Department of Labor was divided into the following divisions:

Alabama. Department of Labor. Division of Labor-Management Relations.

Authority: Department of Labor Organizational Chart.

Alabama. Department of Labor. Division of Financial Management and Statistics.

Alabama. Department of Labor. Division of Mediation and Conciliation.

Alabama. Department of Labor. Division of Wage Collection.

Alabama. Department of Labor. Public Complaint and Referral Division.

Alabama. Department of Labor. OSH Consultative Service, Public and Private Safe State Division.

Authorities:

1975 Alabama Code, 25:3:1-4, 25:7:1-16.

Alabama Government Manual, 1982.

Acts 1939, No. 161, p. 232.

Acts 1943, No. 298, p. 252.

Alabama Official and Statistical Register.