2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 19 - Labor Practices
Article 1 - Strikes by Public Employees
§ 45-19-2. Public Employees Not to Promote, Participate In, or Encourage Strikes
No public employee shall promote, encourage, or participate in any strike; provided, however, that no right to collective bargaining currently recognized by law is abridged by this article.
(Ga. L. 1962, p. 459, § 1; Ga. L. 1998, p. 1155, § 1; Ga. L. 1999, p. 81, § 45.)
Law reviews.- For article discussing right of Georgia state employees to participate in strikes, see 4 Ga. L. Rev. 110 (1969).
JUDICIAL DECISIONS
Agreement fixing employment conditions prohibited.
- The State Ports Authority in the operation of the docks and warehouses at its Savannah terminals was without authority to enter into an agreement with any third party fixing the terms and conditions of the employment of personnel working for the authority. International Longshoremen's Ass'n v. Georgia Ports Auth., 217 Ga. 712, 124 S.E.2d 733, cert. denied, 370 U.S. 922, 82 S. Ct. 1561, 8 L. Ed. 2d 503 (1962).
Encouraging officers not to write tickets.
- Police officers were properly disciplined for violating county policy and O.C.G.A. §§ 45-19-1 and45-19-2 by promoting a ticket slow-down program that encouraged other officers to write fewer tickets, allegedly to cause financial problems for the county. Douglas v. Dekalb County, 308 Fed. Appx. 396 (11th Cir. 2009)(Unpublished).
Cited in Local 189 Int'l Union of Police Ass'ns v. Barrett, 524 F. Supp. 760 (N.D. Ga. 1981).
OPINIONS OF THE ATTORNEY GENERAL
Right to express complaints or opinions.
- A state employee has the right, either singularly 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 the state employees would prevent their striking, or otherwise interfering with proper performance of the duties of state employment, or obstructing access to or egress from state property. 1969 Op. Att'y Gen. No. 69-379.
Employees may not lawfully strike to demand recognition from the Georgia Ports Authority if the purpose of such recognition is to force the authority to bargain with the union over the terms and conditions of employment imposed by the authority. 1965-66 Op. Att'y Gen. No. 66-136.
Activity not amounting to a strike.- The Department of Transportation has no power to take steps to prevent any 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
ALR.
- Validity of public utility anti-strike laws and regulations, 22 A.L.R.2d 894.
Union organization and activities of public employees, 31 A.L.R.2d 1142; 37 A.L.R.3d 1147; 95 A.L.R.3d 1102.
Damage liability of state or local public employees' union officials for unlawful work stoppage, 84 A.L.R.3d 336.
Who are employees forbidden to strike under state enactments or state common-law rules prohibiting strikes by public employees or stated classes of public employees, 22 A.L.R.4th 1103.
