What the Law Requires: Governors are required to designate local workforce investment areas within each state. Each local area is required to have a local Workforce Investment Board (WIB) appointed by the chief local elected official. Local WIBs are precluded from operating programs so that they may focus on setting workforce development policy. Board members are subject to conflict of interest requirements and sunshine laws.

Board members are appointed by the chief elected official of the local area in accordance with criteria set by the governor and certification of the board comes from the governor.

At a minimum, the membership of each local board will include:

• Representatives of business in the local area (such representatives will comprise a majority of the board and the chairperson will be elected from among this group)

• Representatives of labor organizations nominated by local labor federations (for a local area where no employees are represented by such organizations, other representatives of employees in the local area)

• Representatives of local educational entities (e.g. local educational agencies, school boards, adult education and literacy providers, post- secondary educational institutions or community colleges) selected from among individuals nominated by regional or local educational entities or organizations representing such entities

• Representatives of community-based organizations (e.g. those organizations serving individuals with disabilities and veterans)

• Representatives of economic development agencies (e.g. public and private sector economic development entities)

• Representatives of each of the "one-stop" partners

• Other individuals and representatives as determined appropriate by the chief elected official in the local area.

Labor’s Perspective: Under JTPA, local Private Industry Councils were required to have no less than 15% representation from organized labor and community-based organizations. The WIA only requires that there be labor representatives on the local board. Labor representatives are to be nominated by "local labor federations." An unorganized worker can be appointed as a labor representative only if there are no representatives of organized labor in the local workforce investment area. To assure effective representation, the labor movement should seek the following:

• at least two labor representatives on the local board, including the youth council

• grandfathering of boards with greater labor representation, including tripartite boards (where they exist)

• early consultation with the chief elected official to discuss and establish a process for the nomination of labor representatives

• procedures to institutionalize the process for subsequent nominations of labor representatives

• policies to support the full participation of labor representatives on the local board as well as strong linkages with all unions within the community, including policies on reimbursement of lost time wages for labor representatives (and others) who take unpaid release time to participate on the board

• consultation with business associations representing signatory employers to facilitate appointments of union employers to the board

• consultation with economic development and community-based organizations and advocacy groups who are aligned with labor on economic and social policy issues to facilitate appointments to the board

• development of WIB procedures that will facilitate greater equity in decision-making, including :

• a "super-majority" for all major board actions
• bi-partite or tri-partite executive committees
• consensus models for decision-making
• strong conflict of interest requirements
• open meetings and public review of all board decisions.

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