Title 23 — Labor and Workers' Compensation
12 chapters · 505 sections in this title.
AS 23.35.030 Commissioner or designee as chair.
0.1K chars
The commissioner of labor and workforce development or the person designated by the commissioner serves as the chair of the council.
AS 23.35.040 Duties of commissioner and council.
0.5K chars
(a) The council shall (1) review all denials of benefits made by the person responsible for the administration of the fund; and (2) make all initial determinations regarding claims for additional benefits under AS 23.35.140. (b) Under regulations adopted by the department, the co…
AS 23.35.050 Regulations.
0.2K chars
The department may adopt regulations to carry out the purposes of this chapter, including those that are necessary or advisable to protect the fund by limiting or suspending payments from the fund. The regulations must be uniform in application.
AS 23.35.060 Creation and administration of fishermen's fund.
0.7K chars
(a) There is created a fund, designated as the “fishermen's fund.” The Department of Revenue is the custodian of the fund, and the Department of Labor and Workforce Development shall administer it. The fund shall be composed of (1) 39 percent of the money derived by the state fro…
AS 23.35.070 Benefits.
0.7K chars
A fisherman, upon becoming disabled, is entitled to receive benefits as follows: immediately after the fisherman sustains an injury or disability arising out of an accident directly connected with operations as a fisherman, either ashore in the state or in Alaska water, or suffer…
AS 23.35.080 Emergency treatment for cardio-vascular diseases.
0.3K chars
The department may pay the costs, within the maximum limitations, of emergency treatment, transportation, medical care, and hospitalization, necessitated by a cardio-vascular disease, if the department determines that the disease is attributable, directly or indirectly, to the fi…
AS 23.35.090 Assistance after discharge.
0.2K chars
A fisherman is also entitled to such assistance after discharge from the hospital during period of convalescence as the department allows in consideration of the condition of the fund.
AS 23.35.100 Transportation, hospital, nursing, medical, and surgical expenses.
0.4K chars
The department may pay out of the fund all reasonable transportation charges incurred under AS 23.35.080 and 23.35.090, including cost of returning the fisherman to the boat or home of the fisherman or to another place that reasonably meets with the fisherman's convenience, and t…
AS 23.35.110 Contracts for care.
0.3K chars
In carrying out this chapter, the department may enter into contracts or other arrangements with hospitals and doctors in the state for furnishing care on an annual basis to persons entitled to benefits. Contracting under this section is governed by AS 36.30 (State Procurement Co…
AS 23.35.120 Cooperation with other agencies.
0.4K chars
In providing care the department shall provide the type and quality of treatment that will restore the fisherman to health and productivity, if possible. The department may enter into cooperative arrangements with agencies of the federal government, other states and territories, …
AS 23.35.130 Duration of care.
0.2K chars
Except for compelling reasons, compensation may not be paid for the care of any one person involving a single injury or disability beyond a period of one year from the date of initial allowance.
AS 23.35.140 Limitation on benefits.
1.1K chars
(a) Except for compelling reasons and except as provided in (c) and (d) of this section, (1) compensation may not be paid for medical care or hospitalization furnished before the ascertainable time of injury, or before authorization in the case of disability caused by an occupati…
AS 23.35.145 Claim of vessel owner.
0.8K chars
(a) Except as provided in (b) and (c) of this section, if a fisherman files a claim for benefits under this chapter and also files a claim against the protection and indemnity insurance policy of the vessel owner, the vessel owner is entitled to receive a benefit, not to exceed t…
AS 23.35.150 Definitions.
1.3K chars
In this chapter, (1) “approved medical facilities” and “medical care” include the facilities of, or the care and treatment prescribed or performed by, a practitioner of chiropractic licensed by the state under AS 08.20; (2) “council” means the Fishermen's Fund Advisory and Appeal…
AS 23.40.010 Union contracts with state and political subdivisions. [Repealed, § 5 ch 113 SLA 1972.]
0.0K chars
[Repealed or reserved.]
AS 23.40.020 Enforcement of certain contracts only if union registers.
0.3K chars
A labor contract executed in this state by a labor organization that has no local in this state or which contract is not to be executed by one or more of its locals in this state may not be enforced in the courts of this state unless the labor organization has registered with the…
AS 23.40.030 Definition of labor organization.
0.3K chars
For the purpose of AS 23.40.020 — 23.40.040 “labor organization” includes an organization constituted wholly or partly to bargain collectively or deal with employers, including the state and its political subdivisions, concerning grievances, terms, or conditions of employment or …
AS 23.40.040 Collective bargaining agreement.
0.7K chars
The commissioner of transportation and public facilities or an authorized representative, in accordance with AS 23.40.020 — 23.40.030, may negotiate and enter into collective bargaining agreements concerning wages, hours, working conditions, and other employment benefits with the…
AS 23.40.045 Secs. 23.40.045 — 23.40.060. Records; local labor organizations; interference in chartering prohibited; civil enforcement; exemptions; penalties. [Repealed, § 55 ch 69 SLA 1970.]
0.0K chars
Article 2. Public Employment Relations Act.
AS 23.40.070 Declaration of policy.
1.5K chars
The legislature finds that joint decision-making is the modern way of administering government. If public employees have been granted the right to share in the decision-making process affecting wages and working conditions, they have become more responsive and better able to exch…
AS 23.40.075 Items not subject to bargaining.
0.5K chars
The parties may not negotiate terms contrary to the (1) reemployment rights for injured state employees under AS 39.25.158; (2) reemployment rights of the organized militia under AS 26.05.075; (3) authority of the Department of Health under AS 47.27.035 to assign Alaska temporary…
AS 23.40.080 Rights of public employees.
0.3K chars
Public employees may self-organize and form, join, or assist an organization to bargain collectively through representatives of their own choosing, and engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection.
AS 23.40.090 Collective bargaining unit.
0.5K chars
The labor relations agency shall decide in each case, in order to assure to employees the fullest freedom in exercising the rights guaranteed by AS 23.40.070 — 23.40.260, the unit appropriate for the purposes of collective bargaining, based on such factors as community of interes…
AS 23.40.100 Representatives and elections.
2.9K chars
(a) The labor relations agency shall investigate a petition if it is submitted in a manner prescribed by the labor relations agency and is (1) by an employee or group of employees or an organization acting in their behalf alleging that 30 percent of the employees of a proposed ba…
AS 23.40.110 Unfair labor practices.
1.9K chars
(a) A public employer or an agent of a public employer may not (1) interfere with, restrain, or coerce an employee in the exercise of the employee's rights guaranteed in AS 23.40.080; (2) dominate or interfere with the formation, existence, or administration of an organization; (…
AS 23.40.120 Investigation and conciliation of complaints.
0.0K chars
[Repealed or reserved.]
AS 23.40.130 Complaint and accusation.
0.4K chars
If the labor relations agency fails to eliminate the prohibited practice by conciliation and to obtain voluntary compliance with AS 23.40.070 — 23.40.260, or, before it attempts conciliation, it may serve a copy of the complaint or accusation upon the respondent. The complaint or…
AS 23.40.140 Orders and decisions.
0.6K chars
If the labor relations agency finds that a person named in the written complaint or accusation has engaged in a prohibited practice, the labor relations agency shall issue and serve on the person an order or decision requiring the person to cease and desist from the prohibited pr…
AS 23.40.150 Enforcement by injunction.
0.5K chars
The labor relations agency may apply to the superior court in the judicial district in which the prohibited practice occurred for an order enjoining the prohibited acts specified in the order or decision of the labor relations agency. Upon a showing by the labor relations agency …
AS 23.40.160 Power to investigate and compel testimony.
0.8K chars
(a) For the purpose of the investigations, proceedings, or hearings which the labor relations agency considers necessary to carry out the provisions of AS 23.40.070 — 23.40.260, the labor relations agency may issue subpoenas requiring the attendance and testimony of witnesses and…
AS 23.40.170 Regulations.
0.2K chars
The labor relations agency may adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the provisions of AS 23.40.070 — 23.40.260.
AS 23.40.180 Penalty for violation of order or decision.
0.2K chars
A person who violates a provision of an order or decision of the labor relations agency is guilty of a misdemeanor and is punishable by a fine of not more than $500.
AS 23.40.190 Mediation.
0.7K chars
If, after a reasonable period of negotiation over the terms of a collective bargaining agreement, a deadlock exists between a public employer and an organization, the labor relations agency may appoint a competent, impartial, disinterested person to act as mediator in any dispute…
AS 23.40.200 Classes of public employees; arbitration.
5.0K chars
(a) For purposes of this section, public employees are employed to perform services in one of the three following classes: (1) those services which may not be given up for even the shortest period of time; (2) those services which may be interrupted for a limited period but not f…
AS 23.40.205 Family leave.
0.4K chars
Notwithstanding any provision of AS 23.40.070 — 23.40.260 to the contrary, an agreement between the employer subject to AS 39.20.500 — 39.20.550 and an employee bargaining organization that does not contain benefit provisions at least as beneficial to the employee as those provid…
AS 23.40.210 Agreement; cost-of-living differential.
2.4K chars
(a) Upon the completion of negotiations between an organization and a public employer, if a settlement is reached, the employer shall reduce it to writing in the form of an agreement. The agreement may include a term for which it will remain in effect, not to exceed three years. …
AS 23.40.212 Agreement with the Board of Regents.
0.4K chars
(a) The Board of Regents of the University of Alaska may delegate to the Department of Administration its authority under AS 23.40.070 — 23.40.260 to negotiate with an organization for an agreement. (b) The Department of Administration shall participate in the negotiations betwee…
AS 23.40.215 Monetary terms subject to legislative funding.
1.3K chars
(a) The monetary terms of any agreement entered into under AS 23.40.070 — 23.40.260 are subject to funding through legislative appropriation. (b) The Department of Administration shall submit the monetary terms of an agreement to the legislature within 10 legislative days after t…
AS 23.40.220 Labor or employee organization dues and employee benefits, deduction and authorization.
0.4K chars
Upon written authorization of a public employee within a bargaining unit, the public employer shall deduct from the payroll of the public employee the monthly amount of dues, fees, and other employee benefits as certified by the secretary of the exclusive bargaining representativ…
AS 23.40.225 Exemption based on religious convictions.
1.2K chars
Notwithstanding the provisions of AS 23.40.220, a collective bargaining settlement reached, or agreement entered into, under AS 23.40.210 that incorporates union security provisions, including a union shop or agency shop provision or agreement, shall safeguard the rights of nonas…
AS 23.40.230 Assistance by Department of Labor. [Repealed, E.O. No. 77 § 8 SLA 1990.]
0.0K chars
[Repealed or reserved.]
AS 23.40.235 Public involvement in school district negotiations.
0.5K chars
Before beginning bargaining, the school board of a city or borough school district or a regional educational attendance area shall provide opportunities for public comment on the issues to be addressed in the collective bargaining process. Initial proposals, last-best-offer propo…
AS 23.40.240 Effect on certain units, representatives, and agreements.
0.2K chars
Nothing in this chapter terminates or modifies a collective bargaining unit, recognition of exclusive bargaining representative, or collective bargaining agreement if the unit, recognition, or agreement is in effect on September 5, 1972.
AS 23.40.245 Postsecondary student involvement in collective bargaining.
1.3K chars
(a) When a bargaining unit includes members of the faculty or other employees of a public institution of postsecondary education, the public employer and the representative of the bargaining unit shall permit student representatives of that institution to (1) attend and observe a…
AS 23.40.250 Definitions.
3.1K chars
In AS 23.40.070 — 23.40.260, unless the context otherwise requires, (1) “collective bargaining” means the performance of the mutual obligation of the public employer or the employer's designated representatives and the representative of the employees to meet at reasonable times, …
AS 23.40.255 Applicability to political subdivisions, including school districts.
0.5K chars
(a) AS 23.40.070 — 23.40.260 is applicable to organized boroughs and political subdivisions of the state, home rule or otherwise, unless the legislative body of the political subdivision, by ordinance or resolution, rejects having the provisions of AS 23.40.070 — 23.40.260 apply.…
AS 23.40.260 Short title.
0.1K chars
AS 23.40.070 — 23.40.260 may be cited as the Public Employment Relations Act.
AS 23.45.010 [Renumbered as AS 23.90.900.]
0.0K chars
[Repealed or reserved.]
AS 23.50.010 Legislative findings.
1.1K chars
(a) The legislature finds that permitting competing physicians to engage in collective negotiation of certain terms and conditions of contracts with a health benefit plan will benefit competition, so long as the physicians do not engage in an express or implied threat of retaliat…
AS 23.50.020 Collective action by competing physicians.
9.5K chars
(a) Competing physicians may meet and communicate in order to collectively negotiate with a health benefit plan concerning any of the contract terms and conditions described in this subsection, but may not negotiate the exclusion of providers who are non-physicians from direct re…