O.C.G.A. § 34-6-27 (2019)
Injunctive relief where contracts made unlawful by article; application for injunction; assessment of court costs
The remedy of injunction, in addition to any other available remedy, is given to any individual whose employment is affected, or may be affected, by any contract which is declared in whole or in part to be void by any provision of this article. The application for injunction may be filed in any court of appropriate jurisdiction, and service shall be made upon the parties in the manner now or hereafter provided by law. In any such proceeding, the plaintiff shall be entitled to his costs and reasonable attorneys’ fees and shall recover actual damages sustained by him. The court shall assess such costs, attorneys’ fees, and damages between the parties to the contract under equitable rules and principles.
History
(Ga. L. 1947, p. 616, § 8.)
Annotations
Law reviews. - For note advocating reassessment of state authority towards
injunctions in labor disputes, see 18 Mercer L. Rev. 461 (1967).
JUDICIAL DECISIONS Penalties and remedies. - Neither the remedy of injunction provided in Ga. L. 1947, p. 616, § 8 (see now O.C.G.A. § 34-6-27) nor the declaration that certain acts in Ga. L. 1947, p. 616, § 9 (see
now O.C.G.A. § 34-6-28) shall amount to a misdemeanor was made applicable to Ga. L. 1947, p. 616, § 2 (see now O.C.G.A. § 34-6-21). Sandt v. Mason, 208 Ga. 541, 67 S.E.2d 767 (1951).
RESEARCH REFERENCES Am. Jur. 2d. - 48 Am. Jur. 2d, Labor and Labor Relations, §§ 13, 20. C.J.S. - 51B C.J.S., Labor Relations, § 1018. ALR. - Validity and effect of statutes restricting remedy by injunction in industrial disputes, 35 ALR 460; 97 ALR 1333; 106 ALR 361; 120 ALR 316; 124 ALR 751; 127 ALR 868; 150 ALR 819. Right to injunction in labor dispute as affected by misconduct of complainant, 66 ALR 1090. Right of member to recover against or enjoin union where, without fault on his part, he has been damaged by its act, not specifically directed against him, 117 ALR 823. What amounts to seizure and holding of employer’s plant, equipment, machinery, or other property within statutory exception to inhibition on injunctions in labor disputes, 163 ALR 668. 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 ALR 397. Legality of, and injunction against, peaceful picketing as affected by employer’s lack of opportunity to negotiate with union or employees, 11 ALR2d 1069.
Applicability of Norris-La Guardia Act and similar state statutes to injunction action by private complainant, 29 ALR2d 323. Applicability of Norris-La Guardia Act and similar state statutes to injunction action by governmental unit or agency, 29 ALR2d 431. State’s power to enjoin violation of collective labor contract as affected by federal labor relations acts, 32 ALR2d 829. State court’s power to enjoin picketing as affected by Labor Management Relations Act, 32 ALR2d 1026. Amount of attorneys’ compensation, 57 ALR3d 475; 57 ALR3d 550; 57 ALR3d 584; 58 ALR3d 201; 58 ALR3d 317; 17 ALR5th 366; 23 ALR5th 241. Procedural rights of union members in union disciplinary proceedings - modern state cases, 79 ALR4th 941. Excessiveness or adequacy of attorneys’ fees in matters involving real estate - modern cases, 10 ALR5th 448. What circumstances are sufficient to warrant granting of injunctive relief under ‘‘boys market’’ exception to operation of anti-injunction provisions of Norris-LaGuerdia Act, 66 ALR Fed. 11. Calculations of attorneys’ fees under Federal Tort Claims Act - 28 USCS § 2678, 86 ALR Fed. 866.