O.C.G.A. § 34-6-28 (2019)

Annotations

JUDICIAL DECISIONS Cited in Rainwater v. Trimble, 207 Ga. 306, 61 S.E.2d 420 (1950); Looper v. Georgia, S. & Fla. Ry., 213 Ga. 279, 99 S.E.2d

101 (1957); Gresham Park Community Org. v. Howell, 652 F.2d 1227 (5th Cir. 1981).

OPINIONS OF THE ATTORNEY GENERAL State employees’ right to join organizations. - A state employee has the right, either individually or collectively, to express or communicate complaints or opinions relating to state employment, including freedom to enter into organizations created for like purposes; the only limitation upon such activities of state employees would be to prevent their striking, or otherwise interfering with proper performance of the duties of state employ-

ment, or obstructing access to or egress from state property. 1969 Op. Att’y Gen. No. 69-379. Power of Department of Transportation. - The Department of Transportation has no power to take steps to prevent labor activity short of strikes and other obstructions to the performance of the duties of employment. 1969 Op. Att’y Gen. No. 69-379.

RESEARCH REFERENCES Am. Jur. 2d. - 48 Am. Jur. 2d, Labor and Labor Relations, § 1 et seq. C.J.S. - 51 C.J.S., Labor Relations, § 43 et seq. ALR. - Liability of labor union or its members, for circulating false statements with respect to industrial disputes, 1 ALR 1149. Collective labor agreements, 95 ALR 10. Validity of trade union’s classification of members, 97 ALR 609. Constitutionality, construction, and application of statute denouncing offense of interfering with or molesting mechanic or laborer, 123 ALR 316. Elimination or reduction of use of machinery or mechanical devices in order to maintain or increase employment as a proper labor objective, 136 ALR 282. Mandamus to compel reinstatement of suspended or expelled members of labor union, 141 ALR 617. Controversy within labor union regarding seniority rights as subject of litigation in civil courts, 142 ALR 1055. What amounts to ‘‘collective bargaining’’ within National Labor Relations Act, 147 ALR 7. Construction and application of provisions of collective bargaining agreement respecting loss of time or pay of employees in consequence of interruption or suspension of employers’ business or operations, 167 ALR 992. Constitutionality and construction of statutes respecting political contributions or other political activities by labor organizations, 167 ALR 1465. Jurisdictional dispute between labor

unions as ‘‘labor dispute’’ within anti-injunction statutes, 170 ALR 1096. Units for collective bargaining, 174 ALR 1275. Severability of provisions in collective bargaining labor contracts, 14 ALR2d 846. Right of individual employee to enforce collective labor agreement against employer, 18 ALR2d 352. Spontaneous or informal activity of employees as that of ‘‘labor organization’’ or as ‘‘concerted activities’’ within protection of Labor Relations Act, 19 ALR2d 566; 75 ALR Fed. 262. Withdrawal of a local labor union or part of its membership from the parent organization or from a general association as affecting property rights, 23 ALR2d 1209. Matters arbitrable under arbitration provisions of collective labor contract, 24 ALR2d 752. Continuance or termination of labor union’s status or authority as bargaining agent, 42 ALR2d 1415. Substitution of independent contractor for employees as violation of collective labor contract, 57 ALR2d 1399. Stock purchase or stock bonus plan as within provision of federal labor relations acts requiring employer to bargain collectively, 58 ALR2d 843. Liability of labor union or its officers or members for wrongful suspension or expulsion of member, 74 ALR2d 783. Exhaustion of remedies within labor union as condition of resort to civil courts by expelled or suspended member, 87 ALR2d 1099.

Civil actions involving union welfare funds subject to § 302 of the Taft-Hartley Act, 88 ALR2d 493. Validity and construction of ‘‘right-to-work’’ laws, 92 ALR2d 598. Who may intervene in action between union and union member, 93 ALR2d 1037. Prevailing union member’s right to recover attorneys’ fees in action against union or union officers, 9 ALR3d 1045. Manner of marking ballot as affecting validity of employee’s vote in elections under labor relations act, 11 ALR3d 818. Right of labor union to enforce in the courts fine validly imposed upon member, 13 ALR3d 1004. Validity and construction of § 501 of Landrum-Griffin Act (29 U.S.C. § 501) dealing with fiduciary responsibilities of officers of labor organizations, 15 ALR3d 939; 85 ALR Fed. 803; 107 ALR Fed. 448; 114 ALR Fed. 417. Right of labor union to exclude applicants for membership and remedies of applicant so excluded, 33 ALR3d 1305. Bargainable or negotiable issues in state public employment labor relations, 84 ALR3d 242. Union security arrangements in state public employment, 95 ALR3d 1102. Labor union’s liability to member for defamation, 100 ALR3d 546.

Failure to pursue or exhaust remedies under union contract as affecting employee’s right of state civil action for retaliatory discharge, 32 ALR4th 350. State criminal prosecutions of union officer or member for specific physical threats to employer’s property or person, in connection with labor dispute - modern cases, 43 ALR4th 1141. Right to jury trial in action for retaliatory discharge from employment, 52 ALR4th 1141. Procedural rights of union members in union disciplinary proceedings - modern state cases, 79 ALR4th 941. When is subsequent business operation bound by existing collective bargaining agreement between labor union and predecessor employer, 88 ALR Fed. 89. Requirements for obtaining court approval or rejection of collective bargaining agreement by debtor in possession or trustee in bankruptcy under 11 USC § 1113(b) and (c), 89 ALR Fed. 299. Pre-emption, by § 301(a) of Labor-Management Relations Act of 1947 (29 USC § 185(a)), of employee’s state-law action for infliction of emotional distress, 101 ALR Fed. 395. Suits by union members against union officers under 29 USC § 501(b), 114 ALR Fed. 417.

ARTICLE 1 GENERAL PROVISIONS

Law reviews. - For comment on Gossett v. Atlantic Steel Co., 102 Ga. App. 23, 115 S.E.2d 613 (1960), regarding lia-

bility of employer to third parties for injury inflicted by strikers, see 12 Mercer L. Rev. 419 (1961).

JUDICIAL DECISIONS Cited in Pedigo v. Celanese Corp. of Am., 205 Ga. 392, 54 S.E.2d 252 (1949). RESEARCH REFERENCES ALR. - Liability of labor union or its members, for circulating false statements with respect to industrial disputes, 1 ALR 1149. What amounts to a strike within ‘‘strike

clause’’ of a bond or other contract, 11 ALR 1004. Discharge of, or refusal to reinstate, an employee as justification for strike, 12 ALR 1059.

Lawfulness of strike to compel collective bargaining, 20 ALR 1513. Liability of labor organization for inducting breach of contract to furnish or accept material, 29 ALR 562. The boycott as a weapon in industrial disputes, 32 ALR 779; 116 ALR 484. Strike benefits, 47 ALR 282. Losses covered by insurance against strikes, lockouts, or other labor disputes, 52 ALR 162. Right of union to refuse to work on materials produced or transported by nonunion labor, 54 ALR 806. Right of labor union to refuse to work on materials produced or transported by nonunion labor, 54 ALR 806. Third party’s right to force settlement in labor dispute, 63 ALR 179. Sympathetic strikes, 83 ALR 458. Validity and effect of statutes restricting remedy by injunction in industrial disputes, 97 ALR 1333. Validity of statute or ordinance against picketing, 130 ALR 1303. Injunction against picketing per se, where past picketing has been accompanied by violence or other improper conduct, 132 ALR 1218. Picketing or other conduct to enforce demand for maintaining or servicing plant or apparatus by union labor, 136 ALR 1456. National Labor Relations Act: sit-down strike, violence, or similar misconduct during strike as affecting employer’s right to discharge employee or employee’s right to be reinstated after strike, 155 ALR 885; 45 ALR2d 887. Right of employer to injunction against picketing or boycott by labor union to enforce a demand compliance with which employer would constitute an unfair labor practice, 162 ALR 1438. 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. Liability of labor union or its members to contractee for their refusal to perform work for contractor with whom they have a closed shop agreement, 172 ALR 1274. Relief against union activities as affected by the fact that owner of business

operates without outside help or is doing part of the work, 2 ALR2d 1196; 13 ALR2d 642; 13 ALR2d 642. Collective bargaining agreement as restricting right to strike or picket, 2 ALR2d 1278. Inviting or soliciting return of striking employees to work as unfair labor practice, 4 ALR2d 1356. Legality of, and injunction against, peaceful picketing as affected by employer’s lack of opportunity to negotiate with union or employees, 11 ALR2d 1069. Picketing of place of business by persons not employed therein, 11 ALR2d 1274. 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 ALR2d 1338. Interferences with production by concerted action of employees, short of formal strike, as affected by labor relations act, 25 ALR2d 315. Construction and application of provisions of Unemployment Compensation or Social Security Acts regarding disqualification for benefits because of labor disputes or strikes, 28 ALR2d 287; 60 ALR3d 1; 60 ALR3d 11; 61 ALR3d 686; 61 ALR3d 693; 61 ALR3d 729; 61 ALR3d 746; 62 ALR3d 304; 62 ALR3d 314; 62 ALR3d 375; 62 ALR3d 380; 62 ALR3d 429; 62 ALR3d 437; 63 ALR3d 88. Discharge of employee who refused to cross picket line as unfair labor practice, 31 ALR2d 519. Validity and construction of statutes regulating or prohibiting coercive action by labor unions in jurisdictional disputes, 33 ALR2d 340. Picketing, by employees of a plant where labor dispute exists, at another plant of employer where there is no labor dispute, 37 ALR2d 687. Rights and remedies of workmen blacklisted by labor union, 46 ALR2d 1124. Discontinuance or suspension by employer of all or part of his operations, or lockout of employees, as unfair labor practice, 20 ALR3d 403.

Consumer picketing to protest products, prices, or services, 62 ALR3d 227. What constitutes participation or direct interest in, or financing of, labor dispute or strike within disqualification provisions of unemployment compensation acts, 62 ALR3d 314.

Refusal of nonstriking employee to cross picket line as justifying denial of unemployment compensation benefits, 62 ALR3d 380.