{"@context":"http://iiif.io/api/presentation/2/context.json","@type":"sc:Manifest","@id":"https://iiif.quartexcollections.com/ncdcr/iiif/24466290-93d0-4d3d-a305-27d25148e3ad/manifest","label":"Employment_Security_Commission","metadata":[{"label":"Title","value":"State Agency Finding Aid: Employment Security Commission, 1937-1957"},{"label":"MARS ID","value":"45"},{"label":"Digital Collections","value":["Legacy Finding Aids Collection"]},{"label":"Identifier","value":"Employment_Security_Commission"},{"label":"Digital Format","value":["application/pdf"]},{"label":"Hosted By","value":["State Archives of North Carolina"]},{"label":"Metadata Creator","value":["Cusick, Aaron"]},{"label":"Type","value":["Text"]},{"label":"Notes Public","value":"If you have questions about this collection, please contact the State Archives of North Carolina at archives@ncdcr.gov."},{"label":"Source","value":"Employment Security Commission Records. State Archives of North Carolina"},{"label":"Language","value":["English"]},{"label":"Description","value":"In 1921 the General Assembly called for the establishment of an Employment Bureau within the Department of Labor and Printing, the first free employment service in the state to receive funding from both the state and the federal government.  The commissioner of labor and printing was authorized to contract with local authorities for the establishment of branch employment offices and to cooperate with and accept aid from certain agencies designated by Congress to assist the unemployed.  The commissioner was also charged with collecting data and generating statistics on various labor topics, including unemployment.  In 1931 the General Assembly  abolished the Department of Labor and Printing and transferred most of its functions to the newly established Department of Labor under the administration of a commissioner of labor. In an attempt to address the nation's severe unemployment problems during the era of the Great Depression, Congress enacted the Wagner-Peyser Act of 1933.  It provided for the coordination of all local, state, and federal employment agencies into a comprehensive system directed by the U.S. Employment Service within the federal Department of Labor.  Subsequently, in March 1935 the General Assembly amended the legislation establishing the Employment Bureau and empowered the commissioner of labor to cooperate with the U.S. Employment Service and other agencies under terms required by the recent federal  legislation.  This amendment established the State Employment Service and required it to offer vocational guidance in addition to job placement services. In May 1935 the General Assembly directed the governor and Council of State to select a means of administering an unemployment compensation fund, an action that anticipated the passage of federal unemployment insurance laws.  The following August Congress enacted the National Social Security Act, with various provisions for unemployed workers under Titles III and IX.  This legislation declared a mandatory federal excise tax on employers with payrolls carrying eight or more workers and authorized qualified state agencies to receive federal grants through the U.S. Department of Labor and to administer tax-based funds to the unemployed who met the conditions required by  the Social Security Act.  A federal Social Security Board was established to administer the act and to set standards for participating state agencies.  Subsequently, the Social Security Board took over the U.S. Employment Service and thereafter followed a course of coordinating job insurance with a program of job placement. In response to federal initiatives and requirements, the General Assembly called a special session in December 1936 and established the North Carolina Unemployment Compensation Commission (UCC). The commission's primary function was to provide aid to those out of work by circumstances beyond their control and to continue to fund such assistance in consonance with federal directives.  The UCC was to consist of two gubernatorial appointees and the commissioner of labor, with a chairman designated by the governor from among these members.  Following the initial staggered terms, terms of appointed board members were to be for six years.  Other powers and duties of the UCC included the following: to adopt administrative rules  and regulations; to submit an annual report to the governor  including any recommended legislative amendments; to publish relevant laws, rules, regulations, and reports for public distribution; to prescribe the records to be maintained by employers, which were to remain open to inspection by the commission; in disputed cases, to  issue or authorize a representative to issue subpoenas requiring attendance of witnesses and the production of records with the backing of the state's courts; and to cooperate fully with the Social Security Board and all other federal agencies charged with the administration of public works or assistance through public employment.  The law permitted judicial review of the commission's decisions through appeal to the superior court in the aggrieved party's county of residence. The Unemployment Compensation Law of 1936 also provided for the establishment of two separate administrative units within the  UCC: the State Employment Service Division and the Unemployment Compensation Division.  The former division was the successor of the State Employment Service established in 1935.  Subsequently, two other components were added for legal and administrative purposes: General Counsel, created to advise the commission and to represent it in court proceedings; and the Bureau of Research and Statistics, charged with supplying data required by federal law. The UCC was also empowered to establish state and various local advisory councils to discuss problems and to help formulate policies related to the administration of the unemployment act.  In 1938 the North Carolina Merit System Council was created to handle the personnel work of the UCC and was subsequently expanded to do the same for other agencies required to maintain federal employment standards. In 1939 the General Assembly extended the UCC's quasi-judicial powers, stipulating that its decisions, when docketed by a clerk of court, carried the same force as a judgment of the superior court. Subsequently, the legislature in 1941 removed the commissioner of labor from service on the commission, changed the number of gubernatorial appointees from two to seven, reduced members' tenures to four years after initial staggered terms, and specified that none could simultaneously hold a position with any political party. Following the nation's entry into World War II, President Franklin D. Roosevelt requested that states' separate employment services be centralized into one federal agency responsive to the demands of national defense.  Effective 1 January 1942, the records of the State Employment Service Division and various other personnel under the UCC were transferred to the United States Employment Service under the Social Security Board.  The following year, the General Assembly empowered the UCC to cooperate with other unemployment compensation agencies and to make reciprocal arrangements with agencies of the federal and other state governments. The State Employment Service Division was returned to the UCC in November 1946.  In 1947 the General Assembly changed the name of the agency to the Employment Security Commission (ESC) and vested it with all powers and duties previously granted to it as the  Unemployment Compensation Commission. Under the Executive Organization Act of 1971 the ESC was placed within the Department of Commerce for administrative purposes, although the commission retained its previously granted powers and duties and was not subject to the authority of the cabinet-level departmental secretary.  Other legislation passed during that period included an amendment to the Employment  Security Law in 1977 to comply with various federal requirements  communicated through the U.S. Department of Labor.  The ESC was thereafter authorized to suspend enforcement of any of the law's provisions until the legislature had the opportunity to make state law conform with federal law.  In 1981 the General Assembly made  the tenure of the ESC chairman indefinite, although subject to the pleasure of any current governor.  In 1987 the General Assembly directed that the commission would continue to print its rules and regulations for distribution to the public, but it was no longer required to submit reports to the governor. In 1989 the General Assembly directed that judgments of the  ESC were not binding in subsequent litigation in the courts of the state or federal government, although the commissioner's decisions were to be accepted in proceedings before the North Carolina  Industrial Commission.  In 1989 the legislature also reorganized the ESC's administrative agency as the Department of Economic and Community Development.  However, the General Assembly of 1991 restored the name of the agency to the Department of Commerce, effective 1 January 1993. The present ESC offers a variety of services and programs added during recent years, yet its organizational structure is based on its original divisions of Employment Service, Unemployment Insurance Compensation, and Labor Market Information (formerly Research and Statistics), and the Office of General Counsel.  In addition to providing job referral and training, the Division of Employment Service  currently offers services to special groups such as migrant and seasonal workers, veterans, youth, senior citizens, and the handicapped.  The division also directs federal programs including the Work Incentive Program, Veterans Employment Service, and the Job Training Partnership Act.  The Division of Unemployment Compensation continues to determine applicants' entitlement to benefits and to make payments to eligible claimants.  The division also administers a variety of federal plans such as Supplemental Benefits; Special Unemployment Assistance; and Unemployment Compensation for Federal Employees.  The Division of  Labor Market Information is responsible for developing and managing a comprehensive information system using current technologies. Substantial growth of the division has occurred since the executive order of Governor James B. Hunt, Jr., in March 1982, designating the ESC as lead agency for labor market information in the state, including figures on employment, unemployment, wages, and projected occupational needs. REFERENCES: P.L., 1921, c.131. P.L., 1931, cc. 312, 426. P.L., 1935, cc. 106, 306, 492. P.L., 1939, cc. 27, 28, 52, 207, 209. P.L., 1941, cc. 108, 279. P.L., 1943, c. 377, s. 22. S.L., 1947, c. 598. S.L., 1971, c. 864, s. 17(1-3)(6). S.L., 1977, c. 727, s. 56. S.L., 1981, c. 354; Executive Order No. 77, 3 March 1982. S.L., 1987, cc. 17, 273. S.L., 1989, cc. 583; 751, ss. 1-2. S.L., 1991, c. 959. G.S. 96-1 through 96-5 [1992]. Employment Security Commission.  BIENNIAL  REPORT OF THE EMPLOYMENT SECURITY COMMISSION OF NORTH  CAROLINA: JULY 1, 1950 TO JUNE 30, 1952.  Raleigh, 1952.  Pp. 34-39. Hicks, John D.  THE AMERICAN NATION:  A HISTORY OF THE UNITED   STATES FROM 1865 TO THE PRESENT.  Boston:  Houghton Mifflin   Company, 1941  Pp. 668, 697-699. Institute for Government Research of the Brookings Institution.   REPORT ON A SURVEY OF THE ORGANIZATION AND ADMINISTRATION  OF THE STATE GOVERNMENT OF NORTH CAROLINA.  Washington, D.C.,   1930.  Pp. 266-273.  Office of the Secretary of State.  NORTH CAROLINA MANUAL, 1991-1992.   Edited by Julie W. Snee.  Raleigh, 1992.  Pp. 152-153. Poff, Jan-Michael, ed.  ADDRESSES AND PUBLIC PAPERS OF JAMES BAXTER   HUNT, JR., GOVERNOR OF NORTH CAROLINA, VOLUME II, 1981-1985.   Raleigh:  Division of Archives and History, Department of Cultural   Resources, 1987.  Pp. 418-421, 571. Rankin, Robert S.  THE GOVERNMENT AND ADMINISTRATION OF NORTH    CAROLINA. American Commonwealths Series, edited by W. Brooke   Graves.  New York:  Thomas Y. Crowell Company, 1955.  Pp. 145-146;   289-291. Thornton, Mary Lindsay, compiler.  OFFICIAL PUBLICATIONS OF THE   COLONY AND STATE OF NORTH CAROLINA, 1749-1939:  A  BIBLIOGRAPHY. Chapel Hill:  University of North Carolina Press, 1954.   P. 263. Unemployment Compensation Commission.  BIENNIAL REPORT OF THE    UNEMPLOYMENT COMPENSATION COMMISSION OF NORTH CAROLINA:   JULY 1, 1940 TO JUNE 30, 1942.  Raleigh,  1942.  Pp. 9-17. U.S. Congress.  Social Security Act, 14 August 1935.  STATUTES AT    LARGE, (74th Congress, 1st sess., H.R. 7260), Vol. 49, pt. 2."},{"label":"Digital Characteristics","value":"4 pages"},{"label":"Format","value":["Finding aids"]},{"label":"Rights","value":"This item is provided courtesy of the State Archives of North Carolina and is a public record according to G.S.132."},{"label":"Source Collections","value":["Employment Security Commission Records. 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