O.C.G.A.
O.C.G.A.

O.C.G.A. § 34-6-20 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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 person employed by a transit authority subject to the provisions and requirements of Section 13(c) of the Federal Transit Act, 49 U.S.C. Section 5333(b), 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) ‘‘Federal labor laws’’ means the National Labor Relations Act and the Labor Management Relations Act, as amended by federal administrative regulations relating to labor and management or employee and employer issues, and the United States Constitution as amended and as construed by the federal courts.

(5) ‘‘Governmental body’’ means the State of Georgia or any local government or its subdivisions, including but not limited to cities, municipalities, counties, and any public body, agency, board, commission or other governmental, quasi-governmental, or quasi-public body, or like capacity of local government or its subdivision.

(6) ‘‘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.

History

(Ga. L. 1947, p. 616, § 1; Ga. L. 2013, p. 623, § 1/HB 361.)

Annotations

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

U.S. Code. - The Railway Labor Act, referred to in paragraph (2) of this Code

section, is codified as 45 U.S.C. § 151 et seq.

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

JUDICIAL DECISIONS County board of realtors. - County board of realtors was not a ‘‘labor organization’’ within the meaning of the

right-to-work statutes. Nixon v. Gwinnett County Bd. of Realtors, Inc., 249 Ga. 862, 295 S.E.2d 78 (1982).

OPINIONS OF THE ATTORNEY GENERAL American Nurses Association. - The prohibition against requiring membership in a labor organization is not

applicable to the American Nurses Association. 1965-66 Op. Att’y Gen. No. 66-67.

RESEARCH REFERENCES Am. Jur. 2d. - 48 Am. Jur. 2d, Labor and Labor Relations, §§ 1, 15 et seq. 35 et seq. 27 Am. Jur. 2d, Employment Relationship, § 1. C.J.S. - 51 C.J.S., Labor Relations, §§ 6, 65, 69 et seq., 92.

ALR. - Validity, construction, and application of state right-to-work provisions, 105 ALR5th 243.

Notes of Decisions
Cited in 6 cases, 1998–2020 · leading case: Master Builders of Iowa, Inc. v. Polk Cnty., 653 N.W.2d 382 (Iowa 2002).
Sort: Relevance Newest Treatment
Master Builders of Iowa, Inc. v. Polk Cnty., 653 N.W.2d 382 (Iowa 2002). · cites it 2× “…-1307 (West 1995); Ark.Code Ann. §§ 11-3-301 to -304 (Michie 2002); Fla. Stat. Ann. §§ 447.01 , 447.17 (West 2002); Ga.Code Ann. §§ 34-6-20 to 28 (Harrison 1998); Idaho Code §§ 44-2001 to -2012 (Michie 1997); Iowa Code §§ 731.1 -.9 (2001); Kan. Stat. Ann. § 44-831 (2000);…”
Branch v. City of Myrtle Beach, 505 S.E.2d 925 (S.C. Ct. App. 1998). · cites it 2× “1, § 6 (stating a person's right to work shall not be denied because of membership or nonmembership in a labor organization); Fla.”
Georgia State AFL-CIO v. Olens, 194 F. Supp. 3d 1322 (N.D. Ga. 2016). · cites it 2× “Plaintiffs identify Local 728, Local 1996, the Bakery Confectionary, Tobacco Works and Grain Millers, Local 42 (“Local 42”), and the International Brotherhood of Electrical Workers, Local 613 ("Local 613”) as "labor organizations” pursuant to O.C.G.A. § 34-6-20(b) and 29 U.S.C.…”
Towns v. & Action, LLC (N.D. Ga. 2020). · cites it 2× “”2 Ga. Code Ann. § 34-6-20 (6). Even accepting as true Plaintiff’s allegation that Defendant And Action fired him (at Defendant DGA’s insistence) for not being on the Qualification List, Plaintiff’s right-to-work claim fails as a matter of law.”
State Ex Rel. Pub. Disclosure Comm. v. Wea, 130 P.3d 352 (Wash. 2006). “1, § 6 (West 1991); Ga.Code Ann. §§ 34-6-20 to 34-6-28 (1998); Idaho Code Ann.”
State ex rel. Pub. Disclosure Comm'n v. Washington Educ. Ass'n, 156 Wash. 2d 543 (Wash. 2006). “1, § 6 (West 1991); Ga. Code Ann. §§ 34-6-20 to 34-6-28 (1998); Idaho Code Ann.”
— 34-6-20(2) — 1 case
Branch v. City of Myrtle Beach, 505 S.E.2d 925 (S.C. Ct. App. 1998). “1, § 6 (stating a person's right to work shall not be denied because of membership or nonmembership in a labor organization); Fla.”
— 34-6-20(b) — 1 case
Georgia State AFL-CIO v. Olens, 194 F. Supp. 3d 1322 (N.D. Ga. 2016). “Plaintiffs identify Local 728, Local 1996, the Bakery Confectionary, Tobacco Works and Grain Millers, Local 42 (“Local 42”), and the International Brotherhood of Electrical Workers, Local 613 ("Local 613”) as "labor organizations” pursuant to O.C.G.A. § 34-6-20(b) and 29 U.S.C.…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.