O.C.G.A.

O.C.G.A. § 34-6-26 (2019)

Contracts allowing deductions from employees’ earnings of fees of labor organizations

✓ 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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(a) 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, assessment, 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 such contract that such deduction will be made only on the written authorization of the employee. Such authorization may be revoked at any time at the request of the employee.

(b) Nothing in this Code section shall be construed to impair any contract, agreement, or collective bargaining agreement in existence prior to July 1, 2013.

History

(Ga. L. 1947, p. 616, § 7; Ga. L. 2013, p. 623, § 5/HB 361.)

Annotations

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2013, ‘‘to July 1, 2013’’ was substituted for ‘‘to the effective date of this Code section’’ at the end of subsection (b). Editor’s notes. - Ga. L. 2013, p. 623,

§ 6/HB 361, not codified by the General Assembly, provides for severability.

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

JUDICIAL DECISIONS Cited in Sandt v. Mason, 208 Ga. 541, 67 S.E.2d 767 (1951); McDowell v. Clem-

ent Bros. Co., 260 F. Supp. 817 (N.D. Ga. 1966).

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, § 15. C.J.S. - 51 C.J.S., Labor Relations, § 110 et seq. 51A C.J.S., Labor Relations, §§ 351, 361, 362, 399 et seq. ALR. - Contract provisions for deduction of union dues from wages of employ-

ees and their payment to union as within statute prohibiting or regulating assignment of future earnings or wages, 14 ALR2d 177. Rights in union label, shop card, or other insignia denoting union shop or workmanship, 42 ALR2d 709.

Notes of Decisions

Cited in 1 case, 2016–2016 · leading case: Georgia State AFL-CIO v. Olens, 194 F. Supp. 3d 1322 (N.D. Ga. 2016).

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Georgia State AFL-CIO v. Olens, 194 F. Supp. 3d 1322 (N.D. Ga. 2016). “§ 34-6-26(a). Plaintiffs allege that these statutory sections are preempted by the National Labor Relations Act, 29 U.”

— 34-6-26(a) — 1 case

Georgia State AFL-CIO v. Olens, 194 F. Supp. 3d 1322 (N.D. Ga. 2016). “§ 34-6-26(a). Plaintiffs allege that these statutory sections are preempted by the National Labor Relations Act, 29 U.”

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.