SB417: SB417 Public Officers and Employees; public employees to self-organize or to be represented by a labor organization and bargain collectively with the state; authorize

26 LC 52 0953 Senate Bill 417 By: Senators Merritt of the 9th, Jones II of the 22nd, Orrock of the 36th, Rahman of the 5th, Wicks of the 34th and others A BILL TO BE ENTITLED AN ACT To amend Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor1 practices of public officers and employees, so as to authorize public employees to2 self-organize or to be represented by a labor organization and to bargain collectively with the3 state or any political subdivision thereof as to wages, rates of pay, hours, and all other terms4 and conditions of employment; to provide for definitions; to prohibit public employees from5 participating in a strike against a public employer; to provide for the establishment of the6 Georgia Public Employees Relations Board; to provide for the co mposition, appointment,7 power, authorities, and duties of such board; to provide that public employees shall have the8 right to form, join, and participate in or to refrain from forming, joining, or participating in9 a labor organization; to provide for the deduction, collection, and transmission of10 membership dues and uniform assessments; to provide for the certification and revocation11 of the certification of employee organizations to act as bargai ning agents; to provide that12 firefighters and law enforcement officers shall be considered s eparate bargaining units; to13 provide that a certified bargaining agent may represent public employees in collective14 bargaining; to provide for procedures for collective bargaining; to provide for establishment15 of a grievance procedure; to provide for the resolution of an impasse in collective bargaining;16 to define certain unfair labor practices; to provide for proced ures to remedy unfair labor17 practices; to provide for the enforcement of final orders of the board; to provide for judicial18 review of final orders of the board; to provide for civil injun ctions against strikes against19 S. B. 417 - 1 - 26 LC 52 0953 public employers; to amend Code Section 16-8-16 of the Official Code of Georgia20 Annotated, relating to theft by extortion, so as to exclude lawful good faith bargaining from21 the definition of criminal extortion; to repeal and reserve Code Section 20-2-989.10 of the22 Official Code of Georgia Annotated, relating to collective barg aining not permitted or23 fostered; to repeal and reserve Chapter 5 of Title 25 of the Of ficial Code of Georgia24 Annotated, relating to resolution of wages, hours, and working conditions of firefighters; to25 amend Code Section 45-7-54 of the Official Code of Georgia Anno tated, relating to26 voluntary contributions by state employees through payroll dedu ctions to certain not for27 profit organizations, so as to provide that voluntary contributions by state employees may be28 deducted for organizations which engage in collective bargaining with this state; to amend29 Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices30 of public officers and employees, so as to repeal and reserve Article 1, relating to strikes by31 public employees; to provide for related matters; to provide for an effective date; to repeal32 conflicting laws; and for other purposes.33 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:34 PART I35 Public Employees and Collective Bargaining36 SECTION 1-1.37 Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices38 of public officers and employees, is amended by adding a new article to read as follows:39 S. B. 417 - 2 - 26 LC 52 0953 "ARTICLE 440 45-19-70.41 As used in this article, the term:42 (1) 'Administrative law judge' means a hearing officer employed with the Office of State43 Administrative Hearings, as provided for in Chapter 13 of Title 50, the 'Georgia44 Administrative Procedure Act.'45 (2) 'Bargaining unit' means either that unit determined by the board or that unit46 determined by the public employer and the public employee organization and approved47 by the board to be appropriate for the purposes of collective bargaining.48 (3) 'Board' means the Georgia Public Employees Relations Board established in Code49 Section 45-19-73.50 (4) 'Certified bargaining agent' means the labor organization or its representative which51 has been certified by the board as representing the public empl oyees in the bargaining52 unit, as provided in Code Section 45-19-74.53 (5) 'Collective bargaining' means the performance of the mutual obligations of the public54 employer and the certified bargaining agent for the bargaining unit of public employees55 to meet at reasonable times, to negotiate in good faith, and to execute a written contract56 with respect to agreements reached concerning the terms and conditions of employment,57 as provided in Code Section 45-19-78.58 (6) 'Confidential employee' means an employee who acts in a co nfidential capacity to59 assist or aid managerial employees.60 (7) 'Firefighter' means a member of a fire department of any political subdivision of this61 state who is employed for and subject to fire-fighting duties.62 (8) 'Governing authority' means the General Assembly, the boar d of county63 commissioners, the local school board, the governing body of a municipality, or the64 governing body of any instrumentality or unit of government hav ing the authority to65 S. B. 417 - 3 - 26 LC 52 0953 appropriate funds and establish policy governing the terms and conditions of66 employment.67 (9) 'Labor organization' means any organization, union, associ ation, fraternal order,68 occupational or professional society, or group, however organized or constituted, which69 represents or seeks to represent any public employee or group o f public employees70 concerning any matters relating to their employment relationship with a public employer.71 (10) 'Law enforcement officer' means a peace officer who is employed by this state or72 any political subdivision thereof and who is required by the te rms of his or her73 employment, whether by election or appointment, to give his or her full time to the74 preservation of public order; the protection of life and property; the prevention, detection,75 and investigation of crime or violations of law; or the enforce ment of administrative,76 regulatory, licensing, or certification requirements.77 (11) 'Managerial employees' means those employees who perform jobs that are not of78 a routine, clerical, or ministerial nature and require the exercise of independent judgment79 in the performance of such jobs and who:80 (A) Formulate or assist in formulating policies which are applicable to bargaining unit81 employees;82 (B) May reasonably be required on behalf of the employer to assist in the preparation83 for the conduct of collective bargaining negotiations;84 (C) Have a role in the administration of agreements resulting from collective85 bargaining negotiations;86 (D) Have a significant role in personnel administration;87 (E) Have a significant role in employee relations; or88 (F) Have a significant role in the preparation or administrati on of budgets for any89 public agency or institution or subdivision thereof.90 (12) 'Membership dues deduction' means the practice of a public employer of deducting91 dues and uniform assessments from the salary or wages of a public employee, as provided92 S. B. 417 - 4 - 26 LC 52 0953 in Code Section 45-19-75. Such term also means the practice of a public employer of93 transmitting the sums so deducted to such labor organization.94 (13) 'Public employee' means any person employed by a public e mployer except95 confidential employees and managerial employees. Such term inc ludes students96 employed in any capacity by public institutions of higher education.97 (14) 'Public employer' means the state and any county, municipal corporation, or special98 district or any subdivision, board, or agency thereof engaged i n the provision of any99 public service. The board of regents shall be deemed to be the public employer with100 respect to all public employees within the University System of Georgia.101 (15) 'Strike' means the failure to report for duty, the willful absence from one's position,102 the stoppage or deliberate slowing down of work, or the withholding in whole or in part103 of the full, faithful, and proper performance of the duties of employment for the purpose104 of inducing, influencing, or coercing a change in the condition s, compensation, rights,105 privileges, or obligations of employment.106 45-19-71.107 (a) Public employees shall have the right to self-organization ; to form, join, or assist a108 labor organization of their own choosing; and to negotiate collectively through a certified109 bargaining agent with their public employer in the determinatio n of the terms and110 conditions of their employment, including wages, rates of pay, hours, and working111 conditions.112 (b) Public employees shall have the right to engage in concerted activities for the purpose113 of collective bargaining or other mutual aid or protection, exc ept as provided in Code114 Section 45-19-72.115 (c) The public shall have the right to orderly and uninterrupted operations and functions116 of state government, including services for welfare, education, health and hospitals,117 highways and roads, criminal justice, and personal and public safety.118 S. B. 417 - 5 - 26 LC 52 0953 (d) Nothing in this article shall be construed to prevent any public employee from119 presenting at any time his or her own grievances in person or by legal counsel to his or her120 public employer and having such grievances adjusted without the intervention of the121 certified bargaining agent, if the adjustment is not inconsiste nt with the terms of the122 collective bargaining agreement then in effect and if the certified bargaining agent has been123 given reasonable opportunity to be present at any meeting called for the resolution of such124 grievances.125 (e) All labor organizations and members thereof representing e mployees pursuant to or126 under operation of federal law shall be exempt from the provisions of this article.127 45-19-72.128 (a) A public employee or labor organization representing or se eking to represent public129 employees shall not participate in a strike against a public employer, including instigating130 or supporting a strike in any manner.131 (b) A public employee or labor organization representing or se eking to represent public132 employees may participate in picketing, bannering, or handbilli ng against a public133 employer, subject to restrictions provided in Article 1 of Chapter 6 of Title 34.134 45-19-73.135 (a) There shall be established the Georgia Public Employees Re lations Board for such136 purposes as provided in this article. The board shall be composed of a chairperson and two137 members to be appointed by the Governor, subject to confirmatio n by the Senate. The138 Governor shall appoint the chairperson and two members as follows:139 (1) One appointee shall be a person who, on account of vocatio n, employment, or140 affiliation, is, was, or has been classified as a representative of employers;141 S. B. 417 - 6 - 26 LC 52 0953 (2) One appointee shall be a person who, on account of vocatio n, employment, or142 affiliation, is, was, or has been classified as a representative of employees or employee143 organizations; and144 (3) One appointee shall be a personal representative of the pu blic and known for145 objective and independent judgment and shall not be a person wh o, on account of146 vocation, employment, or affiliation, is, was, or has been classified as a representative of147 employers, employees, or employee organizations.148 (b) The board shall adopt, promulgate, amend, or rescind such rules and regulations as it149 deems necessary and administratively feasible to carry out the provisions of this article.150 (c) The board, a board member, or an administrative law judge shall have the authority,151 in connection with any hearing before them, to: administer oaths or affirmations; sign and152 issue subpoenas; rule upon offers of proof; regulate the course of the hearing; set the time153 and place for continued hearings; fix the time for filing brief s; dispose of motions to154 dismiss; dispose of motions to amend or intervene; provide for the taking of testimony by155 deposition or interrogatory; and reprimand or exclude from the hearing any person for any156 indecorous or improper conduct committed in the presence of the board, board member,157 or administrative law judge.158 (d) Pursuant to established procedures, the board shall resolve questions and controversies159 concerning claims for recognition as the certified bargaining agent for a bargaining unit;160 determine or approve bargaining units appropriate for purposes of collective bargaining;161 expeditiously process charges of unfair labor practices; and resolve such other questions162 and controversies as it may be authorized in this article to undertake.163 45-19-74.164 (a)(1) Any labor organization which is designated or selected by a majority of public165 employees in an appropriate unit as their representative for pu rposes of collective166 bargaining shall request recognition by the public employer.167 S. B. 417 - 7 - 26 LC 52 0953 (2) The public employer shall, if satisfied upon review of the evidence provided by the168 labor organization as to the majority status of the labor organ ization and the169 appropriateness of the bargaining unit, recognize the labor organization as the collective170 bargaining agent of the public employees in the bargaining unit. Upon recognition by a171 public employer, the labor organization shall immediately petit ion the board for172 certification. The board shall immediately certify the labor organization as the exclusive173 representative of the public employees in the bargaining unit.174 (b)(1) If the public employer refuses to recognize the labor o rganization, such175 organization may file a petition with the board for certification as the bargaining agent176 for a proposed bargaining unit. The petition shall be accompanied by dated statements177 signed by at least 30 percent of the public employees in the pr oposed bargaining unit,178 indicating that such employees desire to be represented for pur poses of collective179 bargaining by the petitioning labor organization.180 (2) Once a petition for certification has been filed by a labo r organization, any labor181 organization desiring placement on the ballot in any election t o be conducted pursuant182 to this Code section may be permitted by the board to intervene in the proceeding upon183 motion accompanied by dated statements signed by at least 10 pe rcent of the public184 employees in the proposed bargaining unit, indicating that such employees desire to be185 represented for the purposes of collective bargaining by the moving labor organization.186 (3) The petitions and dated statements signed by the public em ployees under this187 subsection are confidential and shall not be subject to Article 4 of Chapter 18 of Title 50. 188 Any public employee, labor organization, or public employer having sufficient reason to189 believe any of the public employee signatures were obtained by collusion, coercion,190 intimidation, or misrepresentation or are otherwise invalid sha ll be given a reasonable191 opportunity to verify and challenge the signatures appearing on the petition.192 (c) The board shall investigate the petition to determine its sufficiency. If the board finds193 the petition to be insufficient, it may dismiss the petition. If the board has reasonable cause194 S. B. 417 - 8 - 26 LC 52 0953 to believe that the petition is sufficient, the board shall provide for an appropriate hearing195 upon due notice. Such hearing may be conducted by the board, a board member, or an196 administrative law judge.197 (d) If the board finds upon the record of the hearing that the petition is sufficient, it shall198 immediately:199 (1) Define the proposed bargaining unit and determine which public employees shall be200 qualified and entitled to vote at an election held by the board;201 (2) Identify the public employer or employers for purposes of collective bargaining with202 the bargaining agent; and203 (3) Order an election by secret ballot. The cost of such election shall be borne equally204 by the parties, except as the board may provide by rule. The board's order assessing costs205 of an election may be enforced pursuant to the provisions of this article.206 (e)(1) When a labor organization is selected by a majority of the public employees voting207 in such election, the board shall certify the labor organization as the exclusive collective208 bargaining representative of all public employees in the bargaining unit. Certification is209 effective upon the issuance of the final order by the board, or, if the order is appealed, at210 the time the appeal is exhausted or any stay is vacated by the board or the court.211 (2) In any election in which none of the choices on the ballot receives the vote of a212 majority of the public employees voting, a run-off election sha ll be held according to213 rules promulgated by the board.214 (f) If a valid collective bargaining agreement covering any of the public employees in a215 proposed unit is in effect, a petition for certification may be filed with the board only216 during the period extending from 150 days to 90 days immediately preceding the expiration217 date of such agreement or at any time subsequent to its expirat ion date but prior to the218 effective date of any new agreement. The effective date of a c ollective bargaining219 agreement means the date of ratification by both parties, if th e agreement becomes220 S. B. 417 - 9 - 26 LC 52 0953 effective immediately or retroactively, or its actual effective date, if the agreement becomes221 effective after its ratification date.222 (g) In defining a proposed bargaining unit under this Code sec tion, the board shall take223 into consideration the desires of the public employees seeking representation and the224 community of interest among the public employees to be included in the unit, including:225 (1) The manner in which wages and other terms of public employment are determined;226 (2) The method by which jobs and salary classifications are determined;227 (3) The interdependence of jobs and interchange of public employees;228 (4) The desires of the public employees;229 (5) The history of employee relations within the organization of the public employer230 concerning organization and negotiation and the interest of the public employees and the231 public employer in the continuation of a traditional, workable, and accepted negotiation232 relationship; and233 (6) Such other factors and policies as the board may deem appropriate.234 45-19-75.235 (a) Any labor organization which has been certified as a bargaining agent shall have the236 right to have membership dues and uniform assessments deducted and collected by the237 public employer from the salaries of those public employees who authorize the deduction238 and collection of such dues and assessments in writing. Such authorization may be revoked239 at any time at the request of the public employee.240 (b) Such deductions shall commence within 30 days of the public employer's receipt of the241 certified bargaining agent's written request to the public employer and the provision of the242 dated signatures of the public employees agreeing to such deductions.243 S. B. 417 - 10 - 26 LC 52 0953 45-19-76.244 (a) Firefighters shall have the right to bargain collectively with their respective corporate245 authorities and to be represented by a labor organization in such collective bargaining as246 to wages, rates of pay, hours, working conditions, and all othe r terms and conditions of247 employment as provided in this article. The protection of the public health, safety, and248 welfare demands that firefighters shall be considered as a separate bargaining unit.249 (b) Law enforcement officers shall have the right to bargain c ollectively with their250 respective corporate authorities and to be represented by a lab or organization in such251 collective bargaining as to wages, rates of pay, hours, working conditions, and all other252 terms and conditions of employment as provided in this article. The protection of the253 public health, safety, and welfare demands that law enforcement officers shall be254 considered as a separate bargaining unit.255 45-19-77.256 (a) Any public employee or gr oup of public empl oyees which no longer desires to be257 represented by the certified bargaining agent may file with the board a petition to revoke258 the certification of that bargaining agent. Such petition shal l be accompanied by dated259 statements signed by at least 30 percent of the public employee s in the bargaining unit,260 indicating that such employees no longer desire to be represented for purposes of collective261 bargaining by the certif ied bargaining agent. Such petition sh all be governed by the262 provisions of Code Section 45-19-74.263 (b) The board, a board member, or an administrative law judge shall investigate the264 petition to determine its sufficiency. If the petition is found to be insufficient, it may be265 dismissed. If the petition is found to be sufficient, the board shall immediately:266 (1) Identify the bargaining unit and determine which public employees shall be qualified267 and entitled to vote in the election held by the board;268 (2) Identify the public employer or employers; and269 S. B. 417 - 11 - 26 LC 52 0953 (3) Order an election by secret ballot. The cost of such election shall be borne equally270 by the parties, except as the board may provide by rule. The board's order assessing costs271 of an election may be enforced pursuant to the provisions of this article.272 (c)(1) If a majority of the public employees voting in such el ection vote against the273 continuation of representation by the certified bargaining agent, the certification of the274 labor organization as the exclusive bargaining agent for the pu blic employees in the275 bargaining unit shall be revoked.276 (2) If a majority of the public employees voting in such election do not vote against the277 continuation of representation by the certified bargaining agent, the certification of the278 labor organization as the exclusive bargaining agent for the public employees in the unit279 shall be retained by such organization.280 45-19-78.281 (a) After a labor organization has been certified pursuant to the provisions of Code282 Section 45-19-74, the certified bargaining agent and the appropriate representative of the283 appropriate public employer or employers, jointly, shall bargai n collectively in the284 determination of the wages, rates of pay, hours, working conditions, and other terms and285 conditions of employment of the public employees within the bar gaining unit. The286 representatives of the public employer and the representatives of the public employees shall287 meet at reasonable times and bargain in good faith, as provided in Code Section 45-19-79.288 (b) Any collective bargaining agreement reached by the negotia tors shall be reduced to289 writing, and such agreement shall be signed by the appropriate representatives of the public290 employer and the labor organization. Such signed agreement shall not be binding on the291 public employer until such agreement has been ratified by the public employer and by the292 public employees who are members of the bargaining unit, subjec t to the provisions of293 subsection (c) of this Code section.294 S. B. 417 - 12 - 26 LC 52 0953 (c) Upon execution of the collective bargaining agreement, the appropriate representatives295 of the public employer shall, in such officer's annual budget request or by other appropriate296 means, request the governing authority to appropriate such amounts as shall be sufficient297 to fund the provisions of the collective bargaining agreement.298 (d) If the agreement is not ratified by the public employer or is not approved by a majority299 vote of public employees voting in the bargaining unit, in acco rdance with procedures300 adopted by the board, the agreement shall be returned to the representatives of the public301 employer and the public employees for further negotiations.302 45-19-79.303 (a) Good faith bargaining shall include, but not be limited to , the willingness of both304 parties to meet at reasonable times and places, as mutually agreed upon, in order to discuss305 issues which are proper subjects of bargaining, with the intent of reaching a common306 accord. It shall include an obligation for both parties to par ticipate actively in the307 negotiations with an open mind and a sincere desire, as well as making a sincere effort, to308 resolve differences and come to an agreement.309 (b) In determining whether a party failed to bargain in good faith, the board shall consider310 the total conduct of the parties during negotiations as well as specific incidents of alleged311 bad faith.312 (c) Incidents indicative of bad faith shall include, but not be limited to, the following:313 (1) Failure to meet at reasonable times and places with representatives of the other party314 for the purpose of negotiations;315 (2) Placing unreasonable restrictions on the other party as a prerequisite to meeting;316 (3) Failure to discuss issues subject to bargaining;317 (4) Refusing, upon reasonable written request, to provide public information or records318 as required by Article 4 of Chapter 18 of Title 50;319 S. B. 417 - 13 - 26 LC 52 0953 (5) Refusing to negotiate because of an unwanted person on the opposing negotiating320 team;321 (6) Negotiating directly with public employees rather than with the certified bargaining322 agent; and323 (7) Refusing to reduce a total agreement to writing.324 (d) Lawful interactions as part of good faith bargaining shall not apply to Code325 Section 16-8-16.326 45-19-80.327 (a) Each public employer and certified bargaining agent shall negotiate a grievance328 procedure to be used for the settlement of disputes between the public employer and the329 public employees or a group of public employees within a bargai ning unit involving the330 interpretation or application of a collective bargaining agreem ent. Such grievance331 procedure shall have as its terminal step a final and binding d isposition by an impartial332 labor arbitrator mutually selected by the parties.333 (b) If a labor organization is certified as the bargaining age nt of a unit, the grievance334 procedure then in existence may be the subject of collective bargaining, and any agreement335 which is reached shall supersede the previously existing procedure. Certified bargaining336 agents shall not be required to process grievances for public e mployees who are not337 members of the labor organization.338 45-19-81.339 (a) If, after a reasonable period of negotiation concerning th e terms and conditions of340 employment to be incorporated in a collective bargaining agreem ent, a dispute exists341 between a public employer and a certified bargaining agent, an impasse shall be deemed342 to have occurred when one of the parties so declares in writing to the other party and to the343 board. When an impasse occurs, the public employer or the certified bargaining agent or344 S. B. 417 - 14 - 26 LC 52 0953 both parties acting jointly may appoint or secure the appointment of a mediator to assist in345 the resolution of the impasse.346 (b) If no mediator is appointed, or upon the request of either party, the board shall appoint347 and submit all unresolved issues to an impartial labor arbitrat or whose appointment is348 mutually agreed upon by the parties. Nothing in this Code sect ion precludes the parties349 from using the services of a mediator at any time during the co nduct of collective350 bargaining.351 (c) The impartial labor arbitrator shall hold hearings in order to define the area or areas of352 dispute, to determine facts relating to the dispute, and to render a decision on any and all353 unresolved contract issues. The decision of the impartial labor arbitrator shall be final and354 binding.355 (d) The compensation of the impartial labor arbitrator and all stenographic and other356 expenses for the arbitration proceedings shall be borne equally by the parties or as provided357 by the board by approval, policy, or regulation.358 45-19-82.359 (a) It shall be an unfair labor practice for public employers, their agents, or their360 representatives to:361 (1) Interfere with, restrain, or coerce public employees in th e exercise of any rights362 guaranteed them under this article;363 (2) Encourage or discourage membership in any labor organization by discrimination in364 regard to hiring, tenure, or other conditions of employment;365 (3) Refuse to bargain collectively, fail to bargain collectively in good faith, or refuse to366 sign a final agreement agreed upon with the certified bargainin g agent for the public367 employees in the bargaining unit;368 S. B. 417 - 15 - 26 LC 52 0953 (4) Discharge or discriminate against a public employee becaus e he or she has filed369 charges or given information or testimony in any proceedings pr ovided for under this370 article;371 (5) Dominate, interfere with, or assist in the formation, existence, or administration of372 any labor organization or contribute financial support to such an organization, except for373 membership dues deduction as provided in Code Section 45-19-75; or374 (6) Refuse to discuss grievances in good faith pursuant to the terms of the collective375 bargaining agreement with either the certified bargaining agent for the public employee376 or the public employee involved.377 (b) It shall be an unfair labor practice for a labor organization representing or seeking to378 represent public employees, anyone acting in its behalf, or its officers, representatives,379 agents, or members to:380 (1) Interfere with, restrain, or coerce public employees in th e exercise of any rights381 guaranteed them under this article or interfere with, restrain, or coerce managerial382 employees by reason of their performance of job duties or other activities undertaken in383 the interests of the public employer;384 (2) Cause or attempt to cause a public employer to discriminat e against an employee385 because of the public employee's membership or nonmembership in a labor organization386 or attempt to cause the public employer to violate any of the provisions of this article;387 (3) Refuse to bargain collectively or fail to bargain collecti vely in good faith with a388 public employer;389 (4) Discriminate against a public employee because such employee has signed or filed390 an affidavit, petition, or complaint or given any information o r testimony in any391 proceedings provided for in this article; or392 (5) Participate in a strike against the public employer by instigating or supporting, in any393 positive manner, a strike against the public employer. Any vio lation of this paragraph394 shall subject the violator to the penalties as provided in Code Section 45-19-83.395 S. B. 417 - 16 - 26 LC 52 0953 (c) Notwithstanding the provisions of subsections (a) and (b) of this Code section, the396 parties' rights of free speech shall not be infringed, and the expression of any arguments397 or opinions shall not constitute, or be evidence of, an unfair labor practice or of any other398 violation of this article, if such expression contains no promi se of benefits or threat of399 reprisal or force.400 45-19-83.401 (a) A public employer, public employee, certified bargaining a gent, labor organization402 representing or seeking to represent public employees, or any c ombination thereof may403 initiate a proceeding to remedy a violation of the provisions of Code Section 45-19-82 by404 filing a charge with the board. Such a charge shall contain a clear and concise statement405 of facts constituting the alleged unfair labor practice, including the names of all individuals406 involved in the alleged unfair labor practice, specific reference to the provisions of Code407 Section 45-19-82 alleged to have been violated, and such other relevant information as the408 board may approve by policy or require by rule.409 (b) The board or an administrative law judge shall review the charge to determine its410 sufficiency. If the administrative law judge determines that the charge is insufficient, such411 judge may issue a summary dismissal. A charging party whose charge is dismissed by an412 administrative law judge may appeal such dismissal to the board within 20 days after the413 date of issuance of the dismissal. If the board determines suc h dismissed charge to be414 sufficient, it shall reinstate the charge. If the board determines a charge is insufficient, the415 board may issue a summary dismissal. A charging party whose charge is dismissed by the416 board may appeal the dismissal to a superior court in this state having jurisdiction within417 30 days after the issuance of the dismissal.418 (c) If the board determines that the charge is sufficient, the board shall notify the parties. 419 Each respondent so charged shall thereupon file an answer to the charge with the board and420 serve a copy upon the charging party no more than 20 days after service of notification of421 S. B. 417 - 17 - 26 LC 52 0953 the sufficiency of the charge, unless otherwise allowed by the board. The board, in its422 discretion, may allow a charge or answer to be amended at any time. The board may also,423 in its discretion, allow other interested parties to intervene in the proceeding.424 (d) Whenever a charging party alleges that a respondent has en gaged in unfair labor425 practices and that the charging party will suffer substantial a nd irreparable injury if the426 charging party is not granted temporary relief, the board may petition the superior court in427 this state having jurisdiction for appropriate injunctive relief pending the final adjudication428 by the board with respect to such matter. The proceedings shall follow the course which429 is now or may hereafter be prescribed for civil actions in superior courts. In addition, the430 reviewing court may provide by order for expeditious hearing or trial of any such431 proceedings as justice or the public interest may require. Upo n the filing of any such432 petition, the court shall cause notice thereof to be served upon the parties and upon such433 notice shall have jurisdiction to grant such temporary relief or restraining order as it deems434 just and proper.435 (e) The board may issue prehearing orders requiring the partie s to provide written436 statements of relevant issues of fact and law and such other information as the board may437 require to expedite the resolution of the case. Such orders may further direct the parties to438 identify witnesses, exchange intended exhibits and documentary evidence, and appear at439 a conference, for the purpose of handling such matters as will aid the board in440 expeditiously resolving the case.441 (f) Whenever the proceeding involves a disputed issue of material fact and an evidentiary442 hearing is to be conducted:443 (1) The board shall issue and serve upon all parties a notice of hearing at a time and444 place specified therein. Such notice shall be issued at least 14 days prior to the scheduled445 hearing;446 (2) The evidentiary hearing may be conducted by the board itself or by an administrative447 law judge; and448 S. B. 417 - 18 - 26 LC 52 0953 (3) Not later than 45 days after the close of the evidentiary hearing, unless extended by449 the board with the consent of all parties, the administrative law judge shall submit to the450 board and to all parties a recommended order that shall include findings of fact and451 recommended rulings on procedural matters. The recommended order may also include452 recommended conclusions of law if requested by the board.453 (g)(1) If, upon consideration of the record in the case, the board finds that an unfair labor454 practice has not been or is not being committed, it shall issue an order dismissing the455 case. If, upon consideration of the record in the case, the board finds that the unfair labor456 practice occurred more than six months prior to the filing of the charge, it shall issue an457 order dismissing the case; provided, however, that, if the pers on filing the charge was458 prevented from doing so by reasons of service in the armed forces, the six-month period459 shall run from the date of the person's discharge.460 (2) If, upon consideration of the record in the case, the board finds that an unfair labor461 practice has been committed, it shall issue and cause to be served an order requiring the462 appropriate party or parties to cease and desist from the unfai r labor practice and take463 such positive action, including reinstatement of employees with or without back pay and464 all other relief, whether equitable or legal in nature, as is n ecessary to implement the465 general policies expressed in this article.466 (3) The board may award to the prevailing party all or part of the costs of litigation,467 reasonable attorney's fees, and expert witness fees whenever th e board determines that468 such an award is appropriate.469 45-19-84.470 In case of any failure by a public employer, public employee, o r labor organization471 representing or seeking to represent public employees to comply with a final order of the472 board, upon application of the board or any person who is a resident of this state and who473 is substantially interested in such order, the superior court of this state having jurisdiction474 S. B. 417 - 19 - 26 LC 52 0953 shall enforce the order. Petitions for enforcement filed under this Code section shall be475 heard expeditiously by the superior court to which presented.476 45-19-85.477 (a) The superior court is empowered, upon the filing of appropriate notices of appeal, to478 review final orders of the board. A copy of the notice of appe al shall be filed with the479 board. The record in the proceeding, certified by the board, shall be filed with the court in480 accordance with Chapter 11 of Title 9, the 'Georgia Civil Practice Act.'481 (b) Upon the filing of a notice of appeal, the superior court shall have jurisdiction of the482 proceeding and may grant such temporary or permanent relief or restraining order as it483 deems just and proper and may enforce, modify, affirm, or set aside, in whole or in part,484 the final order of the board. The findings of the board with respect to questions of fact, if485 supported by substantial evidence on the record and considered as a whole, shall be486 conclusive.487 (c) The superior court may award to the prevailing party all or part of the costs of litigation488 and reasonable attorney's fees and expert witness fees whenever the court determines that489 such an award is appropriate. However, no such costs or fees shall be assessed against the490 board in any appeal from an order issued by the board in an adj udicatory proceeding491 between adversarial parties conducted pursuant to this article.492 (d) The commencement of proceedings under this Code section sh all not, unless493 specifically ordered by the superior court, operate as a stay of the board's final order.494 (e) Appeals filed under this Code section shall be heard exped itiously by the court and495 shall take precedence over all other civil matters except prior matters of the same character.496 45-19-86.497 (a) Superior courts having jurisdiction of the parties are vested with the authority to hear498 and determine all actions alleging violations of Code Section 45-19-72.499 S. B. 417 - 20 - 26 LC 52 0953 (b) If a public employee, a group of employees, an employee organization, or any officer,500 agent, or representative of any employee organization engages in a strike, either the board501 or any public employer whose employees are involved in or whose employees may be502 affected by the strike, may file suit to enjoin the strike in the superior court having proper503 jurisdiction and proper venue of such actions. The court shall conduct a hearing, with504 notice to the board and to all interested parties, at the earli est practicable time. If the505 plaintiff makes a prima-facie showing that a violation of Code Section 45-19-72 is in506 progress or that there is a clear, real, and present danger tha t such a strike is about to507 commence, the court shall issue a temporary injunction enjoinin g the strike. Upon final508 hearing, the court shall either make the injunction permanent or dissolve it."509 PART II510 Conforming statutes511 SECTION 2-1.512 Code Section 16-8-16 of the Official Code of Georgia Annotated, relating to theft by513 extortion, is amended by revising paragraph (5) of subsection (a) as follows:514 "(5) Bring about or continue a strike, boycott, or other collective unofficial action if the515 property is not demanded or received for the benefit of the gro up in whose interest the516 actor purports to act; provided, however, that this paragraph s hall not apply to lawful517 interactions conducted as part of good faith bargaining as prov ided for in Code518 Section 45-19-79; or "519 SECTION 2-2.520 Code Section 20-2-989.10 of the Official Code of Georgia Annotated, relating to collective521 bargaining not permitted or fostered, is amended as follows:522 S. B. 417 - 21 - 26 LC 52 0953 "20-2-989.10.523 Nothing in this part shall be construed to permit or foster collective bargaining as part of524 the state rules or local unit of administration policies. Reserved."525 SECTION 2-3.526 Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is527 amended by repealing Chapter 5, relating to resolution of wages , hours, and working528 conditions of firefighters, and designating said chapter as reserved.529 SECTION 2-4.530 Code Section 45-7-54 of the Official Code of Georgia Annotated, relating to voluntary531 contributions by state employees through payroll deductions to certain not for profit532 organizations, is amended by repealing and reserving subsection (e).533 SECTION 2-5.534 Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices,535 is amended by repealing Article 1, relating to strikes by public employees, and designating536 said article as reserved.537 PART III538 Effective date and repealer provision539 SECTION 3-1.540 This Act shall become effective upon its approval by the Governor or upon its becoming law541 without such approval.542 S. B. 417 - 22 - 26 LC 52 0953 SECTION 3-2.543 All laws and parts of laws in conflict with this Act are repealed.544 S. B. 417 - 23 -