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

O.C.G.A. § 34-6-23 (2019)

Contracts contrary to public policy

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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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.

History

(Ga. L. 1947, p. 616, § 4.)

Annotations

JUDICIAL DECISIONS

Right to work law violation under state law. - In a state which has a "right to work" law, such as the one provided for in this section, the right to work is a state-conferred right; and a violation of this right creates a cause of action which arises under state law rather than under the Taft-Hartley Act, 29 U.S.C. § 141 et seq. McDowell v. Clement Bros. Co., 260 F. Supp. 817 (N.D. Ga. 1966).

Cited in Sandt v. Mason, 208 Ga. 541, 67 S.E.2d 767 (1951); NLRB v. Atlanta Coca-Cola Bottling Co., 293 F.2d 300 (5th Cir. 1961); Stein Printing Co. v. Atlanta Typographical Union 48, 329 F. Supp. 754 (N.D. Ga. 1971).

OPINIONS OF THE ATTORNEY GENERAL

Union shop agreement. - A union shop agreement between a railroad and a union is enforceable in Georgia in light of the amendment to the federal Railway Labor Act, 45 U.S.C. § 151 et seq., authorizing union shop agreements notwithstanding any state right to work law. 1970 Op. Att'y Gen. No. 70-12.

RESEARCH REFERENCES

Am. Jur. 2d. - 48 Am. Jur. 2d, Labor and Labor Relations, §§ 10, 11.

C.J.S. - 51 C.J.S., Labor Relations, §§ 12, 101 et seq. 51A C.J.S., Labor Relations, §§ 311, 321 et seq.

ALR. - Validity and effect of statutes restricting remedy by injunction in industrial disputes, 35 A.L.R. 460; 97 A.L.R. 1333; 106 A.L.R. 361; 120 A.L.R. 316; 124 A.L.R. 751; 127 A.L.R. 868; 150 A.L.R. 819.

Closed shops and closed unions, 160 A.L.R. 918.

Collective bargaining agreement discriminating against certain employees as infringement of their rights, 172 A.L.R. 1351.

Refusal of member of labor union to pay assessment imposed by it for purposes of promoting or defeating contemplated legislation as ground for suspension or expulsion, 175 A.L.R. 397.

Right of union rival of collective bargaining agent union to act for individual employee or group of employees as regards grievances, 9 A.L.R.2d 696.

Legality of, and injunction against, peaceful picketing to force employees to join union or to compel employer to enter into a contract which would in effect compel them to do so, in the absence of a dispute between employer and employees as to terms or conditions of employment, 11 A.L.R.2d 1338.

Rights in union label, shop card, or other insignia denoting union shop or workmanship, 42 A.L.R.2d 709.

Notes of Decisions
Cited in 2 cases, 2020–2020 · leading case: Patrick Morrisey v. WV AFL-CIO, 842 S.E.2d 455 (W. Va. 2020).
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Patrick Morrisey v. WV AFL-CIO, 842 S.E.2d 455 (W. Va. 2020). “§ 11-3-303 (2012; enacted 1947) (proscribing denial of employment based upon membership in, affiliation with, nonmembership in, or non- affiliation with a labor organization; also proscribing compelled dues or other monetary consideration to a labor organization); Ga. Code Ann.…”
Patrick Morrisey v. WV AFL-CIO, 842 S.E.2d 455 (W. Va. 2020). “§ 11-3-303 (2012; enacted 1947) (proscribing denial of employment based upon membership in, affiliation with, nonmembership in, or non- affiliation with a labor organization; also proscribing compelled dues or other monetary consideration to a labor organization); Ga. Code Ann.…”
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.