Georgia lawmakers have approved Senate Bill 362, which would impose restrictions on workers at companies benefiting from state economic incentives seeking to unionize. The bill, passed by the state House with a 96-78 vote, prohibits companies from recognizing unions without a formal secret-ballot election if they accept state incentives. This measure, supported by Governor Brian Kemp, is now awaiting the governor's signature.
The bill specifically prevents unions from gaining recognition directly from a company through a card check process, requiring an additional step of a secret ballot after signing up a majority of workers. Critics argue that this legislation may violate the National Labor Relations Act of 1935, which governs union organizing, and anticipate legal challenges.
Proponents of the bill, including some Republicans, assert that it aims to safeguard workers' privacy and prevent coercion into joining unions. They argue that the secret-ballot process protects workers from undue influence. The bill's supporters emphasize that it does not prohibit union formation but ensures that workers have the autonomy to decide on union representation.
Georgia's low union membership rate, currently at 4.4%, ranks among the lowest in the nation. The bill's structure mirrors a law enacted in Tennessee last year and aligns with efforts by the American Legislative Exchange Council to promote similar legislation in multiple states.
This move in Georgia reflects a broader national trend, with other states in the South also taking steps to limit union influence. Governors in states traditionally resistant to organized labor, such as Alabama and South Carolina, have expressed opposition to unions amid renewed unionization efforts in nonunion auto factories.
Governor Kemp's endorsement of the bill, presented as a defense of workers' rights and economic opportunity, aligns with the Georgia Chamber of Commerce's agenda. The bill's proponents view it as a countermeasure to what they perceive as a pro-union stance from the Biden administration and external forces seeking to disrupt the free market.
Several states, including Alabama and South Carolina, have enacted constitutional amendments guaranteeing secret union ballots, reflecting a broader trend of states taking measures to regulate union activities.
