2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 6 - Labor Organizations and Labor Relations
Article 1 - General Provisions
§ 34-6-6. Use of Force or Threats to Compel or Prevent Labor Organization Membership or to Compel or Prevent Strike Participation

It shall be unlawful for any person, acting alone or in concert with one or more other persons, to compel or attempt to compel any person to join or refrain from joining any labor organization or to strike or refrain from striking against his will by any threatened or actual interference with his person, immediate family, or physical property or by any threatened or actual interference with the pursuit of lawful employment by such person or by his immediate family.

(Ga. L. 1947, p. 620, § 4.)

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

- For comment on Woodard v. Collier, 210 Ga. 239, 78 S.E.2d 526 (1953), see 17 Ga. B. J. 128 (1954). For comment on Curry v. Construction & Gen. Laborers Union Local 438, 217 Ga. 512, 123 S.E.2d 653 (1962), see 14 Mercer L. Rev. 456 (1963).

JUDICIAL DECISIONS

Infringement upon individual's rights.

- It is unlawful to infringe upon an individual's employment rights either because the individual is or is not a member of a union. International Bhd. of Elec. Workers v. Briscoe, 143 Ga. App. 417, 239 S.E.2d 38 (1977).

- Peaceful picketing is authorized under the constitutional guarantee of free speech. It is not unlawful unless it is for an illegal purpose. Curry v. Construction & Gen. Laborers Union Local 438, 217 Ga. 512, 123 S.E.2d 653 (1962), commented on in 14 Mercer L. Rev. 456 (1963).

- Right to peacefully picket cannot be interfered with by courts unless it is for an unlawful purpose. Woodard v. Collier, 210 Ga. 239, 78 S.E.2d 526 (1953), commented on in 17 Ga. B.J. 128 (1954).

- Actions of picketers constituted picketing for an unlawful purpose when evidence demanded a finding that a picket was placed on the job for the purpose of forcing the employer to employ only union labor, or else be unable to comply with the terms of the employer's contract due to the refusal of the members of other unions employed in the work to cross the picket line. International Longshoremen's Ass'n v. Georgia Ports Auth., 217 Ga. 712, 124 S.E.2d 733 (1962), cert. denied, 370 U.S. 922, 82 S. Ct. 1561, 8 L. Ed. 2d 503 (1962).

Picketing for the purpose of forcing an employer to employ only union labor, or be unable to comply with the terms of the employer's contract because of the refusal of the members of other unions employed in the work to cross the picket line, and thereby slow the project to a virtual standstill, is for an unlawful purpose. Powers v. Courson, 213 Ga. 20, 96 S.E.2d 577 (1957); Curry v. Construction & Gen. Laborers Union Local 438, 217 Ga. 512, 123 S.E.2d 653 (1962), reversed on other grounds, 371 U.S. 542, 83 S. Ct. 531, 9 L. Ed. 2d 514 (1963), commented on in 14 Mercer L. Rev. 456 (1963).

- If picketing is for an unlawful purpose it can and should be enjoined. Woodard v. Collier, 210 Ga. 239, 78 S.E.2d 526 (1953), commented on in 17 Ga. B.J. 128 (1954).

- In a state which has a "right to work" law, such as the one provided for in this section the right to work is a state-conferred right, and a violation of this right creates a cause of action which arises under state law rather than under the Taft-Hartley Act, 29 U.S.C. § 141 et seq. McDowell v. Clement Bros. Co., 260 F. Supp. 817 (N.D. Ga. 1966).

- State court has no jurisdiction to issue an injunction or to adjudicate a controversy which lies within the exclusive powers of the National Labor Relations Board. Local 438 Constr. & Gen. Laborers' Union v. Curry, 371 U.S. 542, 83 S. Ct. 531, 9 L. Ed. 2d 514 (1963).

Cited in Cook v. Huckabee Transp. Corp., 215 Ga. 9, 108 S.E.2d 710 (1959); International Longshoremen's Ass'n v. Georgia Ports Auth., 217 Ga. 712, 124 S.E.2d 733 (1962); Brown Transp. Corp. v. Truck Drivers & Helpers Local 728, 218 Ga. 581, 129 S.E.2d 767 (1963); Local 225 United Bhd. of Carpenters v. Briggs, 218 Ga. 742, 130 S.E.2d 707 (1963); Carpenters Local Union No. 3024 v. United Bhd. of Carpenters, 220 Ga. 596, 140 S.E.2d 876 (1965); 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); Hudgens v. Retail, Whsle. & Dep't Store Local 315, 133 Ga. App. 329, 210 S.E.2d 821 (1974); Nixon v. Gwinnett County Bd. of Realtors, Inc., 249 Ga. 862, 295 S.E.2d 78 (1982).

RESEARCH REFERENCES

Am. Jur. 2d.

- 48A Am. Jur. 2d, Labor and Labor Relations, §§ 1527 et seq., 1593 et seq., 1653 et seq., 1716 et seq.

- 51 C.J.S., Labor Relations, §§ 12, 13, 89 et seq. 51A C.J.S., Labor Relations, §§ 447 et seq., 450, 518, 524, 782, 783.

- Validity and construction of contract by labor unions to continue salary or wages in whole or part or pay benefits if other party loses employment or position because of joining union, 114 A.L.R. 1300; 125 A.L.R. 1260.

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

Unfair labor practice, within National Labor Relations Act or similar state statute, predicated upon expressions of opinion or statements by employer concerning labor unions, 146 A.L.R. 1024.

Unfair labor practice, within National Labor Relations Act or similar state statute, predicated upon statements or acts by employees not expressly authorized by employer, 146 A.L.R. 1062.

Closed shops and closed unions, 160 A.L.R. 918.

Inviting or soliciting return of striking employees to work as unfair labor practice, 4 A.L.R.2d 1356.

Right of union rival of collective bargaining agent union to act for individual employee or group of employees as regards grievances, 9 A.L.R.2d 696.

Applicability of Norris-La Guardia Act and similar state statutes to injunction action by private complainant, 29 A.L.R.2d 323.

Validity and construction of statutes regulating or prohibiting coercive action by labor unions in jurisdictional disputes, 33 A.L.R.2d 340.

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.

Peaceful picketing of private residence, 42 A.L.R.3d 1353.

Procedural rights of union members in union disciplinary proceedings - modern state cases, 79 A.L.R.4th 941.

Construction of Freedom of Speech and Assembly Provisions of § 101(a)(2) of Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C.S. § 411(a)(2)), included in Bill of Rights of Member of Labor Organizations, 143 A.L.R. Fed. 1

Job placement of returning strikers as unfair labor practice under § 8(a) of National Labor Relations Act (29 U.S.C.A. § 158(a)), 145 A.L.R. Fed. 619.

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.