Right to Work States: Georgia 

GEORGIA

 

TITLE 34. LABOR AND INDUSTRIAL RELATIONS

CHAPTER 6. LABOR ORGANIZATIONS AND LABOR RELATIONS

ARTICLE I. GENERAL PROVISIONS

 

§ 34-6-6. Compelling persons to join, or refrain from joining, labor organization, or to strike or refrain from striking.

It shall be unlawful for any person, acting alone or in concert with one or more other persons, to compel or attempt to compel any person to join or refrain from joining any labor organization or to strike or refrain from striking against his will by any threatened or actual interference with his person, immediate family, or physical property or by any threatened or actual interference with the pursuit of lawful employment by such person or by his immediate family. (Enacted 1947.)

§ 34-6-7. Violations relating to interference with employment or work.

Any person who violates any provision of Code Sections 34-6-2 through 34-6-6 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3. (Enacted 1947.)

§ 34-6-20. Definitions.

As used in this article, the term:

(1) "Employee" includes any employee and shall not be limited to the employees of a particular employer.

(2) "Employer" includes any person acting in the interest of an employer, directly or indirectly, but shall not include the United States, a state or any political subdivision thereof, any person subject to the Railway Labor Act, as amended, any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of such labor organization.

(3) 'Employment" means employment by an employer.

(4) "Labor organization" means any organization of any kind or any agency or employee representation committee or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. (Enacted March 27, 1947.)

§ 34-6-21. Membership in or resignation from labor organization as condition of employment or continuation of employment.

No individual shall be required as a condition of employment or continuance of employment to be or remain a member or an affiliate of a labor organization or to resign from or to refrain from membership in or affiliation with a labor organization. (Enacted March 27, 1947.)

§ 34-6-22. Payment to labor organization of fee or assessment as condition of employ- ment.

No individual shall be required as a condition of employment or continuance of employment to pay any fee, assessment, or other sum of money whatsoever to a labor organization. (Enacted March 27, 1947.)

§ 34-6-23. Contracts contrary to public policy.

Any provision in a contract between an employer and a labor organization which requires as a condition of employment or continuance of employment that any individual be or remain a member or an affiliate of a labor organization or that any individual pay any fee, assessment, or other sum of money whatsoever to a labor organization is declared to be contrary to the public policy of this state; and any such provision in any such contract heretofore or hereafter made shall be absolutely void. (Enacted March 27, 1947.)

§ 34-6-24. Contracts requiring membership in or payments to labor organizations as condition of employment.

It shall be unlawful for any employer to contract with any labor organization and for any labor organization to contract with any employer so as to require as a condition of employment or continuance of employment that any individual be or remain a member of a labor organization or that any individual pay any fee, assessment, or other sum of money whatsoever to a labor organization. (Enacted March 27, 1947.)

§ 34-6-25. Deductions from employees' earnings of fees of labor organizations.

No employer shall deduct from the wages or other earnings of any employee any fee, assessment, or other sum of money whatsoever to be held for or to be paid over to a labor organization except on the individual order or request of the employee, which shall not be irrevocable for a period of more than one year. (Enacted March 27, 1947.)

§ 34-6-26. Contracts allowing deductions from employees' earnings of fees of labor organizations.

It shall be unlawful for any employer to contract with any labor organization and for any labor organization to contract with any employer for the deduction of any fee, assess- ment, or other sum of money whatsoever from the wages or other earnings of an employee to be held for or to be paid over to a labor organization except upon the condition to be embodied in said contract that such deduction will be made only on the individual order or request of the employee, which shall not be irrevocable for a period of more than one year. (Enacted March 27, 1947.)

§ 34-6-27. Injunctive relief where contracts made unlawful by article; application for injunction; assessment of court costs.

The remedy of injunction, in addition to any other available remedy, is given to any individual whose employment is affected, or may be affected, by any contract which is declared in whole or in part to be void by any provision of this article. The application for injunction may be filed in any court of appropriate jurisdiction, and service shall be made upon the parties in the manner now or hereafter provided by law. In any such proceeding, the plaintiff shall be entitled to his costs and reasonable attorneys' fees and shall recover actual damages sustained by him. The court shall assess such costs, attorneys' fees, and damages between the parties to the contract under equitable rules and principles. (Enacted March 27, 1947.)

§ 34-6-28. Penalty for violations of Code Sections 34-6-24 through 34-6-26.

Any employer or labor organization and any person acting for an employer or labor organization who violates any of the provisions of Code Section 34-6-24, 34-6-25, or 34-6-26 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3. (Enacted March 27, 1947.)


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