2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 6 - Labor Organizations and Labor Relations
Article 2 - Membership in Labor Organizations
§ 34-6-27. 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.

(Ga. L. 1947, p. 616, § 8.)

- 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.

- 51B C.J.S., Labor Relations, § 1018.

- Validity and effect of statutes restricting remedy by injunction in industrial disputes, 35 A.L.R. 460; 97 A.L.R. 1333; 106 A.L.R. 361; 120 A.L.R. 316; 124 A.L.R. 751; 127 A.L.R. 868; 150 A.L.R. 819.

Right to injunction in labor dispute as affected by misconduct of complainant, 66 A.L.R. 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 A.L.R. 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 A.L.R. 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 A.L.R. 397.

Legality of, and injunction against, peaceful picketing as affected by employer's lack of opportunity to negotiate with union or employees, 11 A.L.R.2d 1069.

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

Applicability of Norris-La Guardia Act and similar state statutes to injunction action by governmental unit or agency, 29 A.L.R.2d 431.

State's power to enjoin violation of collective labor contract as affected by federal labor relations acts, 32 A.L.R.2d 829.

State court's power to enjoin picketing as affected by Labor Management Relations Act, 32 A.L.R.2d 1026.

Amount of attorneys' compensation, 57 A.L.R.3d 475; 57 A.L.R.3d 550; 57 A.L.R.3d 584; 58 A.L.R.3d 201; 58 A.L.R.3d 317; 17 A.L.R.5th 366; 23 A.L.R.5th 241.

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

Excessiveness or adequacy of attorneys' fees in matters involving real estate - modern cases, 10 A.L.R.5th 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 A.L.R. Fed. 11.

Calculations of attorneys' fees under Federal Tort Claims Act - 28 USCS § 2678, 86 A.L.R. Fed. 866.