2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 6 - Labor Organizations and Labor Relations
Article 1 - General Provisions
§ 34-6-2. Use of Force or Threats to Compel Continuance in or Departure From Employment

It shall be unlawful for any person, acting alone or in concert with one or more other persons, by the use of force, intimidation, violence, or threats thereof to prevent or attempt to prevent any individual from leaving or continuing in the employment of or from accepting or refusing employment by any employer or from entering or leaving any place of employment of such employer.

(Ga. L. 1947, p. 620, § 1.)

- Freedom of assembly, Ga. Const. 1983, Art. I, Sec. I, Para. IX.

- For article, "State Court Injunctions in Labor Disputes," see 10 Ga. St. B. J. 559 (1974).

JUDICIAL DECISIONS

Picketing not violative of statute.

- Picketing by a single picket posted on the highway in front of the employer's business, bearing a placard which stated that the employer was unfair to the labor union, who did no more than walk slowly back and forth on the public highway, and was guilty of no violence, intimidation, or other misconduct, did not violate this section. The court did not err in denying the prayer of the employer for an interlocutory injunction to prohibit the picketing. Hallman v. Painters Dist. Council No. 38, 203 Ga. 175, 45 S.E.2d 414 (1947).

Cited in Cain v. Phillips, 211 Ga. 806, 89 S.E.2d 163 (1955); International Longshoremen's Ass'n v. Georgia Ports Auth., 217 Ga. 712, 124 S.E.2d 733 (1962); NAACP v. Overstreet, 221 Ga. 16, 142 S.E.2d 816 (1965); Fleming v. Terminal Transp. Co., 222 Ga. 583, 151 S.E.2d 137 (1966); Sams v. Olah, 225 Ga. 497, 169 S.E.2d 790 (1969).

RESEARCH REFERENCES

Am. Jur. 2d.

- 44B Am. Jur. 2d, Interference, § 44. 48A Am. Jur. 2d, Labor and Labor Relations, §§ 1106, 1660, 1664, 1635, 1673 et seq.

- 51 C.J.S., Labor Relations, § 12. 51A C.J.S., Labor Relations, §§ 448 et seq., 516 et seq., 527, 564 et seq., 701.

- The boycott as a weapon in industrial disputes, 32 A.L.R. 779; 116 A.L.R. 484.

Parades by strikers, 47 A.L.R. 753.

Constitutionality, construction, and application of statute denouncing offense of interfering with or molesting mechanic or laborer, 123 A.L.R. 316.

Rights in union label, shop card, or other insignia denoting union shop or workmanship, 42 A.L.R.2d 709.

Discontinuance or suspension by employer of all or part of his operations, or lockout of employees, as unfair labor practice, 20 A.L.R.3d 403.

Application of Garmon preemption doctrine by state courts - Construction and transportation industries, 110 A.L.R.5th 111.

"Mass discharge" of employees as evidence of unfair labor practice under § 8 (a)(1) and (3) of National Labor Relations Act (29 U.S.C.S. § 158(a)(1), (3)), 137 A.L.R. Fed 445.

Increase, or promise of increase or withholding of increase, of wages as unfair labor practice under state labor relations acts, 34 A.L.R.6th 327.