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O.C.G.A. § 34-6-20.1 — Statement of rights under federal law | Georgia Code
O.C.G.A. § 34-6-20.1 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

Section 6. Labor Organizations and Labor Relations, 34-6-1 through 34-6-28.

ARTICLE 2 MEMBERSHIP IN LABOR ORGANIZATIONS

34-6-20.1. Statement of rights under federal law.

The rights protected under federal labor laws include, but are not limited to:

  1. An employer's or employee's right to express views in favor of or contrary to unionization and any other labor relations issues to the full extent allowed by the First Amendment of the United States Constitution and Section 8(c) of the National Labor Relations Act;
  2. An employee's right to participate in, and an employer's right to demand, a secret ballot election under federal law, including, without limitation, the full procedural protections afforded by such laws for defining the unit, conducting the election campaign and election, and making any challenges or objections thereto; and
  3. An employer's right to:
    1. Oppose the recognition of a labor organization based solely on reviewing authorization cards absent a secret ballot election conducted in accordance with federal labor laws;
    2. Refuse to release sensitive and private employee information beyond the requirements of federal labor laws;
    3. Maintain the confidentiality of employee information to the maximum extent allowed by federal labor laws; and
    4. Restrict access to its property or business to the maximum extent allowed by federal labor laws.

(Code 1981, §34-6-20.1, enacted by Ga. L. 2013, p. 623, § 2/HB 361.)

Editor's notes.

- Ga. L. 2013, p. 623, § 6/HB 361, not codified by the General Assembly, provides for severability.

U.S. Code.

- Section 8(c) of the National Labor Relations Act, referred to in this Code section, is codified as 29 U.S.C. § 158(c).

Law reviews.

- For article on the 2013 enactment of this Code section, see 30 Ga. St. U.L. Rev. 191 (2013).

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This Georgia Code resource is curated by a Florida and Georgia attorney, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 34 in the context of Georgia workers' compensation and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.