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Call Now: 904-383-7448It 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.
(Ga. L. 1947, p. 616, § 5.)
- 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); Carpenters Local Union No. 3024 v. United Bhd. of Carpenters, 220 Ga. 596, 140 S.E.2d 876 (1965); Stein Printing Co. v. Atlanta Typographical Union 48, 329 F. Supp. 754 (N.D. Ga. 1971); Local 926, Int'l Union of Operating Eng'rs v. Jones, 460 U.S. 669, 103 S. Ct. 1453, 75 L. Ed. 2d 368 (1983).
- 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.
- 48 Am. Jur. 2d, Labor and Labor Relations, §§ 10, 11.
- 51 C.J.S., Labor Relations, §§ 12, 110 et seq. 51A C.J.S., Labor Relations, §§ 316, 327 et seq., 347 et seq.
- Collective bargaining agreement discriminating against certain employees as infringement of their rights, 172 A.L.R. 1351.
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